Effective Date: March 2026
Last Updated: July 14, 2026

These Terms and Conditions (“Terms”) govern your access to and use of StoryHub360 websites, software, accounts, subscriptions, products, professional services, support services, and related features.

StoryHub360 is a DBA of Gracen Group Enterprises LLC, a Texas limited liability company. In these Terms, “StoryHub360,” “Company,” “we,” “our,” and “us” refer to Gracen Group Enterprises LLC doing business as StoryHub360.

“You,” “your,” and “Customer” refer to the individual or legal entity that creates an Account, purchases a Subscription Plan, signs an agreement with StoryHub360, or otherwise accesses or uses the Services.

The term “Platform” refers to the StoryHub360 software environment. The term “Services” includes the Platform and any related onboarding, setup, support, training, implementation, or professional services we provide.

By creating an Account, purchasing a Subscription Plan, signing an agreement, selecting a checkbox indicating acceptance, or accessing or using the Services, you acknowledge that you have read, understood, and agree to these Terms.

If you use the Services on behalf of a business, nonprofit organization, event, partnership, or other legal entity, you represent that you have authority to bind that entity to these Terms.

1. COMPANY AND PLATFORM OVERVIEW

StoryHub360 is a white-labeled software platform operated by Gracen Group Enterprises LLC.

The Platform is powered primarily by infrastructure provided by GoHighLevel and may provide features such as:

Customer relationship management

Contact and pipeline management

Marketing automation

Email and SMS communications

Forms, surveys, funnels, websites, and landing pages

Appointment scheduling and calendars

Workflow automation

Task management

Payment integrations

Digital asset hosting

Reporting and analytics

Social media tools and other functionality made available through the Customer’s Subscription Plan.

GoHighLevel and other third-party providers supply portions of the underlying technology and infrastructure. StoryHub360 manages its branding, Customer relationships, Subscription Plans, billing, implementation, support, training, and agency-level configurations.

The availability of specific features may vary by Subscription Plan, third-party provider, account configuration, geographic location, or applicable law.

2. ELIGIBILITY

You must be at least eighteen years old and legally capable of entering into a binding contract to use the Services.

By creating an Account or using the Services, you represent and warrant that:

The information you provide is accurate, complete, and current;

You have authority to enter into these Terms;

You are authorized to use the payment method submitted;

Your use of the Services will comply with applicable laws and regulations; and

You are not prohibited from using the Services under any applicable law or contractual obligation.

3. ACCOUNT REGISTRATION AND SECURITY

Certain Services require an Account.

You are responsible for:

Providing accurate Account information

Keeping Account information current

Maintaining the confidentiality of usernames, passwords, and login credentials

Limiting access to authorized team members

Monitoring activity conducted through your Account

Establishing appropriate permissions for Account users

Securing Customer Data and connected applications and notifying StoryHub360 promptly of suspected unauthorized access or security incidents.

You are responsible for all activity conducted through your Account unless that activity results directly from a security failure caused solely by StoryHub360.

You may not share individual login credentials with unauthorized persons. When multiple users require access, each person must use an authorized user seat when required by the applicable Subscription Plan.

StoryHub360 may require you to reset credentials, enable additional security protections, or take other reasonable actions to protect the Platform.

4. SUBSCRIPTION PLANS AND SERVICES

StoryHub360 offers various Subscription Plans for authors, publishers, coaches, consultants, entrepreneurs, event organizers, nonprofit organizations, small businesses, and other Customers.

Each Subscription Plan may include different:

Features, User limits, Contact limits

Email or SMS allowances

Storage limits;

Automation capabilities

Support levels

Training resources and implementation services.

The features and limits included in your Subscription Plan are described on the applicable checkout page, order form, proposal, Master Services Agreement, Statement of Work, or other written offer.

We may add, change, replace, improve, or discontinue Platform features when reasonably necessary to improve the Services, respond to legal or security requirements, or accommodate changes made by third-party providers.

If there is a conflict between these Terms and a signed Master Services Agreement, Statement of Work, or order form, the signed document will control only with respect to the conflicting provision.

5. TRIAL AND PROMOTIONAL ACCOUNTS

StoryHub360 may offer complimentary trials, discounted trials, promotional access, beta access, demonstrations, or other limited-use accounts.

Unless otherwise stated in writing:

Trial features may be limited

Trial access may expire automatically

A payment method may be required

A trial may automatically convert into a paid Subscription Plan at the end of the trial period

You must cancel before the disclosed trial deadline to avoid being charged

Trial periods cannot be combined or repeatedly used by the same Customer

Trial data may be deleted after the trial expires, and we may modify, suspend, or discontinue a trial offer at any time.

The specific duration, pricing, renewal terms, and cancellation requirements disclosed at checkout or enrollment will apply to the trial.

When a trial automatically converts to a paid Subscription Plan, you authorize StoryHub360 to charge the payment method on file for the disclosed Subscription Fee and any applicable taxes or approved charges.

6. BILLING AND PAYMENT

6.1 Subscription Fees

Subscription Plans may be billed monthly, annually, or according to another billing schedule disclosed in writing.

Payments are generally due at the beginning of each billing cycle. By submitting payment information, you authorize StoryHub360 and its payment processor to charge the applicable:

Subscription Fees

Setup Fees

Implementation Fees

Usage-based charges

Communication charges

Add-on fees

Taxes and other amounts authorized under your agreement.

Subscription Fees will recur automatically until the Subscription Plan is canceled or terminated in accordance with these Terms.

6.2 Payment Processors

Payments may be processed through Stripe or another approved third-party payment processor.

Your use of a payment processor may also be governed by that provider’s terms and privacy policy. StoryHub360 does not directly store complete payment-card information when payment information is handled by an authorized third-party processor.

6.3 Payment Information

You must maintain a valid payment method and accurate billing information throughout the Subscription Term.

You authorize StoryHub360 to retry a failed payment and to charge an updated payment method associated with your Account when legally permitted.

6.4 Setup and Implementation Fees

When applicable, Setup Fees, activation fees, onboarding fees, migration fees, and Implementation Fees are one-time fees.

Unless a written agreement expressly states otherwise:

These fees are nonrefundable once onboarding, configuration, implementation, migration, strategy, design, training, or related work begins;

The fees compensate StoryHub360 for reserving capacity and performing professional services; and

The fees are separate from recurring Subscription Fees.

6.5 Usage-Based Charges

Certain Platform features may generate usage-based charges, including charges associated with:

Email delivery

SMS or MMS messaging

Telephone calls

Phone numbers

Artificial intelligence tools

Domain registration

Premium workflow actions

Third-party applications or other metered services.

You are responsible for usage-based charges incurred through your Account by authorized users.

Any communication credit included with a Subscription Plan applies only as stated in the applicable written offer. Usage exceeding an included credit may be billed separately or may require you to add funds to a wallet or usage balance.

6.6 Taxes

Fees do not include applicable sales, use, excise, or similar taxes unless expressly stated. You are responsible for taxes associated with your purchase, excluding taxes based on StoryHub360’s net income.

6.7 Billing Disputes

You must report a suspected billing error to [email protected] within ten business days after the charge appears.

Reporting a billing dispute does not authorize a chargeback or suspend your obligation to pay undisputed amounts.

Before initiating a chargeback, you agree to contact StoryHub360 and provide a reasonable opportunity to investigate and resolve the matter.

7. REFUND POLICY

Because StoryHub360 provides access to licensed software, reserved implementation capacity, digital resources, and professional services, all payments are nonrefundable except where:

A refund is expressly required by law

A signed agreement expressly provides otherwise or StoryHub360 approves a refund in writing.

Unless otherwise agreed in writing:

Subscription Fees are nonrefundable

Setup and Implementation Fees are nonrefundable once work begins

Usage-based charges are nonrefundable

Partial billing periods are not prorated

Failure to use the Services does not qualify the Customer for a refund; and suspension or termination resulting from a violation of these Terms does not qualify the Customer for a refund.

8. SUBSCRIPTION CHANGES AND CANCELLATION

8.1 Upgrades

A Customer may request an upgrade at any time. Upgrade charges may be applied immediately, prorated, or charged at the beginning of the next billing cycle, as disclosed when the change is made.

8.2 Downgrades

Downgrades generally become effective at the beginning of the next billing cycle.

A downgrade may result in the loss of features, user seats, storage, usage allowances, automations, or other functionality. You are responsible for exporting or adjusting affected data before a downgrade becomes effective.

8.3 Cancellation

You may cancel a Subscription Plan by:

Submitting written notice to [email protected]

Using an available cancellation option within your Account or following another cancellation process identified in your signed agreement.

To avoid the next renewal charge, a cancellation request must be received at least three business days before the next billing date unless your written agreement provides a different notice period.

Cancellation becomes effective at the end of the current paid billing period. Access will generally continue until that date unless the Account is suspended or terminated for nonpayment, misuse, legal concerns, or a security risk.

Stopping use of the Platform, deleting an application, removing a payment card, or disputing a charge does not constitute cancellation.

8.4 Outstanding Obligations

Cancellation does not eliminate amounts already due, authorized usage charges, payment-plan installments, or other obligations incurred before the effective cancellation date.

9. FAILED PAYMENTS, SUSPENSION, AND TERMINATION

9.1 Failed Payments

If a payment fails or becomes overdue, StoryHub360 may:

Retry the payment;

Notify the Customer;

Restrict Account features;

Disable email, SMS, telephone, payment, or automation functionality;

Suspend technical support;

Suspend access to the Account; or

Terminate the Services.

Automations, communications, appointments, funnels, websites, and other functions may stop operating during a suspension.

9.2 Account Restoration

StoryHub360 may require payment of all outstanding balances, updated billing information, a restoration fee, or other reasonable conditions before restoring an Account.

Restoration is not guaranteed after an Account has been terminated or its data has been deleted.

9.3 Termination by StoryHub360

We may suspend or terminate all or part of the Services when we reasonably believe:

You have violated these Terms or another agreement;

Payment remains overdue;

Your activity presents a legal, reputational, financial, or security risk;

Your activity threatens the Platform, another Customer, or a third-party provider;

Your use is fraudulent, deceptive, abusive, or unlawful;

You have engaged in harassment or prohibited conduct;

A governmental authority or third-party provider requires suspension;

Continuing the Services would violate applicable law; or

You repeatedly generate excessive complaints, chargebacks, spam reports, or messaging violations.

When reasonably practicable, we may provide notice and an opportunity to correct the violation. We are not required to provide advance notice when immediate action is reasonably necessary to address unlawful conduct, fraud, nonpayment, security concerns, or harm to others.

Termination does not eliminate outstanding payment obligations.

10. CUSTOMER DATA AND DATA OWNERSHIP

“Customer Data” means data, contacts, content, files, messages, images, records, media, and other information submitted to or created within the Customer’s Account, excluding StoryHub360 intellectual property, Platform technology, templates, and agency-owned assets.

As between StoryHub360 and the Customer, the Customer retains ownership of Customer Data, including:

Contact records;

Customer-uploaded media;

Customer-created messages;

Customer-created forms and funnels;

Customer-generated content; and

Customer-created workflows that do not incorporate StoryHub360 proprietary assets.

You grant StoryHub360 and its service providers a limited license to host, copy, transmit, process, display, modify, and otherwise use Customer Data only as reasonably necessary to:

Provide the Services;

Process Customer-authorized communications;

Maintain and secure the Platform;

Troubleshoot technical issues;

Provide requested support;

Comply with applicable law; and

Enforce these Terms.

You represent that you have all rights, permissions, notices, and consents necessary to submit Customer Data to the Platform and authorize its processing.

11. CUSTOMER PRIVACY AND END-USER RESPONSIBILITIES

When you use StoryHub360 to collect or process personal information concerning your customers, readers, clients, donors, members, employees, applicants, event participants, vendors, subscribers, leads, or other contacts, you are responsible for determining and satisfying your legal obligations.

Depending on the circumstances and applicable law, you may act as the data controller or business responsible for determining why and how personal information is processed. StoryHub360 may act as a service provider or data processor on your behalf.

You are solely responsible for:

Publishing an appropriate privacy policy;

Providing legally required notices;

Obtaining valid consent;

Maintaining consent records;

Responding to privacy requests;

Configuring opt-in and opt-out processes;

Determining the lawful basis for processing;

Protecting sensitive information;

Limiting access to authorized personnel;

Ensuring that your communications and data practices comply with applicable law; and

Entering into any additional data-processing agreement required for your use.

StoryHub360 does not provide legal advice and does not determine whether your specific forms, workflows, messages, campaigns, contact lists, or data practices comply with applicable law.

Additional information concerning StoryHub360’s privacy practices is available in the StoryHub360 Privacy Policy.

12. DATA RETENTION AND EXPORT

You are responsible for regularly exporting and backing up important Customer Data.

Following cancellation or termination, StoryHub360 will generally retain Customer Data for up to sixty days to allow for possible export or Account restoration. This period is an operational target and not a guarantee that all Customer Data will remain recoverable for the entire period.

After cancellation, termination, expiration, or the retention period:

Customer Data may be permanently deleted without further notice;

Websites, funnels, automations, phone numbers, domains, forms, calendars, and integrations may cease functioning;

Restoration may not be possible; and

StoryHub360 will not be liable for Customer Data that the Customer failed to export or back up.

We may retain limited information for a longer period when required for legal, tax, accounting, fraud-prevention, security, dispute-resolution, or contractual purposes.

13. TRANSFERS TO ANOTHER GOHIGHLEVEL AGENCY

A Customer may request the transfer of an eligible sub-account to another GoHighLevel agency.

Transfers are subject to technical availability, third-party requirements, and the following conditions:

The Account must be in good financial standing;

All outstanding balances must be paid;

The Customer must submit a written request;

The receiving agency must confirm its readiness and eligibility;

The Customer must complete any required authorization;

Administrative or transfer fees may apply;

A transfer may require the removal of agency-owned assets; and

StoryHub360 cannot guarantee that all features, configurations, integrations, data, phone numbers, domains, or assets will transfer successfully.

Only eligible Customer-generated content may be transferred.

StoryHub360 branding, snapshots, templates, training materials, proprietary automations, licensed resources, agency configurations, custom values, internal documentation, and other agency-built or agency-owned assets are not transferred unless StoryHub360 expressly agrees in writing.

StoryHub360 is not responsible for changes, service interruptions, data loss, pricing changes, configuration errors, or functionality changes occurring after the transfer.

14. INTELLECTUAL PROPERTY

The Platform, StoryHub360 name, trademarks, logos, branding, website content, training materials, onboarding resources, templates, snapshots, workflows, automation systems, design elements, documentation, videos, educational materials, methodologies, and other proprietary content are owned by or licensed to Gracen Group Enterprises LLC.

Your active Subscription Plan grants you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable right to use the Services for your internal business or organizational purposes.

You may not, without prior written permission:

Copy, resell, sublicense, publish, distribute, or commercially exploit StoryHub360 intellectual property;

Share paid templates, training materials, or resources outside your authorized Account;

Remove copyright, trademark, or proprietary notices;

Present StoryHub360 templates, systems, frameworks, or materials as your own proprietary work;

Reverse engineer, decompile, or attempt to discover Platform source code;

Reproduce agency-built assets for use on another platform or agency account;

Use StoryHub360 intellectual property to create a competing product or service; or

Permit another person or business to use the Services outside the scope of your Subscription Plan.

No ownership interest in StoryHub360 intellectual property is transferred to you.

15. CUSTOMER CONTENT

You are solely responsible for Customer Data and content created, uploaded, transmitted, displayed, sold, or distributed through your Account.

You represent and warrant that Customer content:

Does not infringe intellectual-property, privacy, publicity, contractual, or other rights;

Is not fraudulent, deceptive, defamatory, obscene, abusive, or unlawful;

Does not contain malware or malicious code;

Does not violate payment-processor or third-party-provider policies; and

May lawfully be processed and distributed through the Platform.

StoryHub360 does not routinely review all Customer content and is not responsible for Customer-generated communications, products, services, claims, offers, or representations.

We may remove, restrict, or disable access to content that we reasonably believe violates these Terms, applicable law, or third-party-provider requirements.

16. ACCEPTABLE USE

You may not use the Services to:

Send spam or unsolicited communications;

Purchase, scrape, harvest, or improperly use contact information;

Engage in fraudulent, misleading, abusive, or deceptive marketing;

Impersonate another person or misrepresent your identity;

Promote or facilitate unlawful activities;

Infringe intellectual property or privacy rights;

Transmit malware, viruses, or malicious code;

Circumvent security, sending limits, authentication, or usage restrictions;

Interfere with Platform functionality or another Customer’s use;

Conduct unauthorized security testing;

Attempt to gain unauthorized access to systems or data;

Harass, threaten, discriminate against, or exploit others;

Use the Platform for prohibited or high-risk products or services in violation of applicable provider policies;

Resell Platform access without written authorization;

Misrepresent your relationship with StoryHub360;

Generate excessive spam complaints, bounce rates, chargebacks, or carrier violations; or

Use the Services in a manner that could damage StoryHub360 or a third-party provider.

A violation may result in content removal, feature restrictions, suspension, or immediate termination without a refund.

17. EMAIL, SMS, AND TELEPHONE COMPLIANCE

The Platform may allow Customers to send emails, SMS or MMS messages, telephone calls, prerecorded messages, voicemails, or other communications.

You are solely responsible for the communications sent through your Account.

You agree to:

Contact only persons whom you are legally permitted to contact;

Obtain and document all required permissions and consents;

Use accurate sender identification;

Provide legally required disclosures;

Include required unsubscribe or opt-out methods;

Honor opt-out and revocation requests promptly;

Maintain suppression and do-not-contact lists;

Comply with applicable quiet-hour and frequency restrictions;

Avoid misleading subject lines, caller identification, or sender information;

Comply with carrier, registration, messaging, and campaign requirements; and

Maintain evidence of consent when required.

You acknowledge that consent standards may vary depending on the communication method, technology used, message content, recipient, jurisdiction, and whether the communication is transactional or promotional.

StoryHub360 may suspend messaging features when reasonably necessary to protect deliverability, comply with provider requirements, investigate complaints, or address suspected violations.

StoryHub360 does not guarantee email, SMS, call, or voicemail delivery. Communications may be filtered, delayed, blocked, or rejected by carriers, internet service providers, email providers, recipients, regulators, or third-party platforms.

18. STORYHUB360 SMS MESSAGING TERMS

This section applies to messages sent directly by StoryHub360 concerning a Customer’s relationship with StoryHub360. It does not govern messages that Customers independently send to their own contacts through the Platform.

18.1 Types of Messages

With appropriate consent, StoryHub360 may send messages concerning:

Account alerts;

Onboarding reminders;

Appointment reminders;

System notifications;

Security notices;

Support communications;

Billing or subscription notices;

Product or feature updates;

Training information;

Service-related announcements; and

Promotional messages when the recipient has separately provided any consent required by applicable law.

Consent to receive marketing text messages is not a condition of purchasing StoryHub360 Services unless expressly permitted by applicable law.

18.2 Opt-In Consent

By voluntarily providing your mobile number and completing an applicable opt-in process through a form, checkbox, checkout page, keyword, Account setting, or other approved method, you consent to receive the categories of messages described in the applicable disclosure.

18.3 Message Frequency and Charges

Message frequency varies according to Account activity, service usage, support needs, and consent preferences.

Message and data rates may apply. Contact your wireless provider for information about your text or data plan.

18.4 Opting Out

You may opt out by replying STOP to an applicable message.

After you send STOP, you may receive a final message confirming that your request has been processed. Once processed, you will no longer receive messages covered by that opt-out unless you subsequently provide new consent.

StoryHub360 may continue to communicate with you through non-SMS channels when permitted.

18.5 Rejoining

After opting out, you may rejoin by completing a new approved opt-in process or, when supported, by replying START.

18.6 Help

For help:

Reply HELP to an applicable message; or

Email [email protected].

18.7 Carrier Disclaimer

Wireless carriers are not liable for delayed or undelivered messages.

Message delivery depends on carrier participation, network availability, device compatibility, and other conditions outside StoryHub360’s control.

18.8 Mobile Information

Mobile information will not be shared with third parties or affiliates for their independent marketing or promotional purposes.

Text-message originator opt-in data and consent will not be shared with third parties except aggregators, carriers, infrastructure providers, and other service providers necessary to operate and deliver the messaging service, or as otherwise required by law.

19. THIRD-PARTY SERVICES AND INTEGRATIONS

The Services may rely on or integrate with third-party products and providers, including:

GoHighLevel;

Stripe;

Twilio;

SendGrid;

Mailgun;

Google;

Meta;

Microsoft;

Zoom;

Domain registrars;

Telephone carriers;

Email service providers;

Artificial intelligence providers; and

Other Customer-authorized applications.

Your use of a third-party service is subject to that provider’s terms, privacy policy, acceptable-use policy, pricing, and technical requirements.

StoryHub360 does not control and is not responsible for:

Third-party outages;

Third-party security incidents;

Pricing or policy changes;

Feature modifications;

Data practices;

Account suspensions;

Integration errors;

Service discontinuation;

Delivery failures; or

Actions taken by a third-party provider.

We do not guarantee the continued availability, compatibility, or functionality of any integration.

If a third-party provider changes or discontinues a service, StoryHub360 may modify, replace, limit, or discontinue the affected Platform feature without liability.

20. SERVICE AVAILABILITY AND PLATFORM CHANGES

StoryHub360 strives to provide reliable Services but does not guarantee uninterrupted, error-free, or continuously available access.

Downtime or degraded performance may occur because of:

Planned maintenance;

Emergency maintenance;

Infrastructure updates;

Third-party-provider failures;

Internet or telecommunications disruptions;

Cybersecurity events;

Software defects;

Carrier filtering;

Legal or regulatory requirements; or

Events outside StoryHub360’s reasonable control.

We may establish or modify reasonable usage, storage, communication, or technical limits to protect the Platform and its users.

StoryHub360 does not guarantee that every feature will remain available or operate in the same manner throughout the Subscription Term.

21. BETA, EXPERIMENTAL, AND ARTIFICIAL INTELLIGENCE FEATURES

Certain features may be identified as beta, preview, experimental, early access, or artificial intelligence-powered.

These features:

May contain errors;

May generate inaccurate or incomplete results;

May change without notice;

May have limited support;

May be subject to additional third-party terms; and

May be discontinued at any time.

You are responsible for reviewing and verifying outputs before relying on or publishing them.

You must not submit confidential, sensitive, regulated, or legally protected information to an artificial intelligence feature unless you have confirmed that doing so is lawful and appropriate.

22. SUPPORT AND PROFESSIONAL SERVICES

The support, onboarding, implementation, training, and strategy services included with your Subscription Plan are limited to the scope described in the applicable written offer or agreement.

StoryHub360 may provide technical guidance, templates, workflow recommendations, and general business education. These Services do not constitute legal, tax, accounting, financial, medical, employment, cybersecurity, or other licensed professional advice.

You are responsible for consulting appropriately licensed professionals concerning decisions requiring professional judgment.

Customer delays, missing information, unavailable personnel, delayed approvals, scope changes, or failure to attend scheduled sessions may affect implementation timelines. Unless otherwise stated in writing, these circumstances do not delay recurring Subscription billing.

23. MEDIA, RECORDINGS, AND TESTIMONIALS

StoryHub360 may record group workshops, training sessions, office hours, community calls, webinars, virtual events, and other group educational sessions.

When a session will be recorded, StoryHub360 will provide reasonable notice through the event description, registration materials, meeting notice, verbal announcement, or another appropriate method.

By participating after receiving notice, you acknowledge that your name, image, voice, chat comments, questions, or contributions may appear in the recording.

StoryHub360 may use group-session recordings for internal training, Customer education, or replay access. Promotional use of an identifiable Customer testimonial, image, or statement will be subject to applicable consent requirements.

Confidential private consulting, strategy, or coaching sessions will not be publicly distributed without the Customer’s permission, except where disclosure is required by law.

You may notify StoryHub360 before a group session if you do not wish to appear visibly or audibly in a recording. StoryHub360 may provide reasonable participation alternatives when practicable.

24. FEEDBACK

If you provide suggestions, ideas, enhancement requests, survey responses, or other feedback concerning StoryHub360, you grant us a perpetual, worldwide, royalty-free right to use that feedback to improve and develop the Services.

This provision does not transfer ownership of your confidential Customer Data or permit StoryHub360 to publicly identify you without appropriate permission.

25. DISCLAIMER OF WARRANTIES

TO THE FULLEST EXTENT PERMITTED BY LAW, THE PLATFORM AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

STORYHUB360 DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AND UNINTERRUPTED AVAILABILITY.

STORYHUB360 DOES NOT GUARANTEE:

Revenue, sales, leads, donations, registrations, or business growth;

Marketing, publishing, event, or campaign results;

Email, SMS, call, or voicemail deliverability;

Search-engine rankings;

Payment processing approval;

Third-party-platform approval;

Uninterrupted access;

Error-free automations;

Preservation of data after the applicable retention period;

Compatibility with every third-party product; or

That the Services will satisfy every Customer requirement.

You use the Services and rely on Platform output at your own risk.

Some jurisdictions do not permit certain warranty exclusions. In those jurisdictions, the exclusions apply only to the maximum extent permitted by law.

26. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, STORYHUB360, GRACEN GROUP ENTERPRISES LLC, AND THEIR OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR:

Lost profits;

Lost revenue;

Lost opportunities;

Lost contacts or data;

Business interruption;

Reputation damage;

Failed campaigns;

Publishing or launch delays;

Event disruption;

Message-delivery failures;

Third-party outages;

Payment-processor actions;

Unauthorized Account activity not caused solely by StoryHub360;

Indirect, incidental, special, exemplary, punitive, or consequential damages; or

Costs of obtaining substitute products or services.

TO THE FULLEST EXTENT PERMITTED BY LAW, STORYHUB360’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES, THESE TERMS, OR THE CUSTOMER RELATIONSHIP WILL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY THE CUSTOMER TO STORYHUB360 DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

The limitations in this section apply regardless of the legal theory and even if StoryHub360 was advised of the possibility of damages.

Nothing in these Terms excludes liability that cannot legally be excluded or limited.

27. INDEMNIFICATION

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Gracen Group Enterprises LLC, StoryHub360, and their owners, officers, employees, contractors, affiliates, and service providers from and against third-party claims, liabilities, damages, judgments, penalties, losses, and reasonable legal expenses arising out of or relating to:

Your use or misuse of the Services;

Customer Data or Customer content;

Communications sent through your Account;

Products or services you promote, sell, or provide;

Your violation of these Terms;

Your violation of applicable law;

Your infringement of another person’s rights;

Your failure to obtain required consent;

Your privacy or data-security practices;

Activity by your authorized Account users; or

A dispute between you and one of your contacts, customers, participants, vendors, employees, contractors, or other third parties.

StoryHub360 will provide reasonable notice of an indemnified claim. You may not settle a claim in a manner that admits wrongdoing by StoryHub360 or imposes obligations on StoryHub360 without our written consent.

28. COMPLIANCE WITH LAWS

You agree to comply with all laws and regulations applicable to your use of the Services, including, where applicable:

The CAN-SPAM Act;

The Telephone Consumer Protection Act;

Federal Communications Commission rules;

Federal Trade Commission rules;

State telemarketing and communication laws;

The General Data Protection Regulation;

The California Consumer Privacy Act, as amended;

Intellectual-property laws;

Consumer-protection laws;

Accessibility requirements;

Payment-processing rules; and

Privacy and data-security laws.

The applicability of a law depends on the Customer’s activities, contacts, jurisdiction, industry, and data practices. Listing a law in these Terms does not mean that it applies to every Customer or that StoryHub360 represents that a Customer is compliant.

29. CONFIDENTIALITY

Each party may receive nonpublic business, technical, financial, or operational information from the other party.

The receiving party will:

Use confidential information only for purposes related to the Services;

Apply reasonable safeguards;

Limit disclosure to persons with a legitimate need to know; and

Not disclose confidential information except as permitted by these Terms or required by law.

Confidential information does not include information that:

Becomes public without breach of an obligation;

Was lawfully known without restriction;

Is received lawfully from a third party; or

Is independently developed without use of the other party’s confidential information.

This section does not prevent StoryHub360 from using aggregated or de-identified information that cannot reasonably identify the Customer or an individual.

30. FORCE MAJEURE

StoryHub360 will not be liable for delay, interruption, or failure caused by circumstances beyond its reasonable control, including:

Natural disasters;

Severe weather;

Fire or flood;

War, terrorism, or civil unrest;

Governmental actions;

Epidemics or public-health emergencies;

Labor disruptions;

Power, internet, or telecommunications failures;

Cyberattacks;

Third-party-provider failures;

Carrier or platform restrictions; or

Other events beyond StoryHub360’s reasonable control.

31. INDEPENDENT CONTRACTOR RELATIONSHIP

The Customer and StoryHub360 are independent contracting parties.

Nothing in these Terms creates an employment, partnership, fiduciary, franchise, agency, or joint-venture relationship.

Neither party may bind the other or make commitments on the other party’s behalf unless expressly authorized in writing.

32. GOVERNING LAW

These Terms and any dispute arising out of or relating to the Services will be governed by the laws of the State of Texas, without regard to conflict-of-law principles.

The United Nations Convention on Contracts for the International Sale of Goods does not apply.

33. DISPUTE RESOLUTION AND ARBITRATION

Before initiating a formal proceeding, the parties agree to attempt to resolve a dispute through good-faith written negotiation.

A party initiating a dispute must provide written notice describing:

The nature of the dispute;

The relevant facts;

The requested resolution; and

Contact information for the person authorized to discuss the matter.

If the dispute is not resolved within thirty days after receipt of the notice, either party may pursue the dispute as provided below.

Except for disputes eligible for small-claims court and requests for temporary or injunctive relief concerning intellectual property, confidential information, unauthorized access, or security, disputes arising out of or relating to these Terms or the Services will be resolved through binding individual arbitration in Williamson County, Texas.

Arbitration will be conducted by a mutually agreed arbitration provider under its applicable commercial rules. If the parties cannot agree on a provider, either party may request that a court of competent jurisdiction appoint an arbitrator.

The arbitrator may award any remedy available under applicable law but may not consolidate claims or conduct a class, collective, or representative proceeding.

Each party waives the right to a jury trial and agrees to bring claims only in its individual capacity, to the fullest extent permitted by law. Nothing in this section prevents either party from seeking relief in a court of competent jurisdiction when arbitration is prohibited by law.

34. NOTICES

StoryHub360 may provide notices through:

Email;

The Platform;

The Customer’s Account;

The StoryHub360 website; or

Another reasonable electronic method.

Notices are effective when sent to the most recent contact information associated with the Account.

You are responsible for keeping your contact information current.

Legal notices to StoryHub360 must be sent to [email protected] with the subject line Legal Notice, unless a signed agreement specifies another method.

35. MODIFICATIONS TO THESE TERMS

We may update these Terms to reflect changes in:

The Services;

Subscription practices;

Third-party requirements;

Security standards;

Applicable law; or

Our business operations.

The updated Terms will be posted with a revised “Last Updated” date.

When required by law or when a material change significantly affects Customer rights, we will provide additional notice through email, the Platform, or another reasonable method.

Continued use of the Services after the effective date of updated Terms constitutes acceptance of the revised Terms.

36. ASSIGNMENT

You may not assign or transfer these Terms or your Account without StoryHub360’s prior written consent.

StoryHub360 may assign these Terms in connection with a merger, acquisition, reorganization, sale of assets, change in control, or transfer of the StoryHub360 business.

37. SEVERABILITY

If any provision of these Terms is determined to be invalid or unenforceable, that provision will be enforced to the maximum extent permitted, and the remaining provisions will remain in effect.

38. WAIVER

A failure or delay in enforcing a provision does not waive the right to enforce that provision later.

A waiver is effective only when made in writing by the party granting it.

39. SURVIVAL

Provisions that by their nature should continue after cancellation or termination will survive, including provisions concerning:

Payment obligations;

Intellectual property;

Confidentiality;

Data retention;

Disclaimers;

Limitation of liability;

Indemnification;

Governing law; and

Dispute resolution.

40. ENTIRE AGREEMENT

These Terms, together with the applicable Privacy Policy, Master Services Agreement, Statement of Work, order form, checkout disclosures, and other incorporated written policies, constitute the agreement governing your use of the Services.

They replace prior or contemporaneous discussions concerning the same subject matter, except that a signed written agreement may modify these Terms as expressly stated in that agreement.

41. CONTACT INFORMATION

Questions concerning these Terms may be directed to:

StoryHub360 A DBA of Gracen Group Enterprises LLC
Attn: StoryHub360 Support
Email: [email protected]
Website: www.storyhub360.com