TERMS & CONDITION

APPLICATION Storiya.app GENERAL TERMS OF USE

With these General Terms of Use (hereinafter: the General Terms), a company Cypher d.o.o. with the seat in Osijek, Medulinska 2, Croatia, registered with the Commercial Court Osijek, MBS: 030249088, PIN: 14765764374 (hereinafter: Cypher) determines the obligations, rights and terms of use for the mobile application Storiya.app for creation and editing of the images based on the use of artificial intelligence, and on the basis of data in the form of text or images provided by the Users (hereinafter: Application).

These General Terms apply to any upgrade and/or new versions and/or any other change or update to the Application.

Downloading the Application

Application Users (hereinafter: Users) are adult natural persons (persons above 18 years of age).

The functionalities of Application may be reviewed via web browser on the website https://Storiya.app/. The user may download the Application, depending on the existing type of smartphone / tablet, and availability through online or mobile app stores, always in the manner and under the conditions specified by the mobile store.

Registration for the user is free of charge, but each action undertaken in Application for the purpose of editing or creating images is charged with tokens (“in-app currency”) that are available for purchase within the Application by one-time purchase or through a monthly subscription.

For all transactions in the Application, the services of the Google Play platform are applied in accordance with the terms and conditions available at: https://play.google.com/intl/en_us/about/play-terms/index.html.

The registration is required for the use of the Application functionalities.

In order use the Application the User must be registered via

  • Email,
  • Google or Facebook user account.

Data collected during registration processa are:

  • email address
  • device information - operating system version and name, device model

By sharing the above mentioned data the users confirm that they have carefully read the applicable General Terms, agree with them and accept these in full, they confirm that they are above 18 years of age and fulfill the other conditions for the use of Application.

Processing and protection of User's personal data carried out by Cypher are regulated in the Privacy Policy available at https://Storiya.app/privacy-policy .

The user may delete his account at any time by using the Application. Deleting an account from the system deletes all data related to the user.

Limitation of liability

Cypher assumes no liability and gives no guarantees to the User for possible inactivity or inability to use the Application but shall only endeavour to ensure smooth operation of the Application. The liability for damages of Cypher for any damage caused to the User or a third party in connection with the use of the Application shall be excluded, except for damages caused by Cypher by willful misconduct or by gross negligence. The damage may result in loss of production, work, the usability of data, profits, or revenues. Contractual parties also exclude mutual liability for any other specific, indirect, accidental, or consequential damages, regardless of the possibility to foresee their occurrence.

The liability for damages of Cypher arising from/or in connection with a contractual or non-contractual relationship mutually negotiated between the Users or third parties shall be excluded, in particular for damages arising from ignorance or lack of knowledge, omissions or imprecisions in performing actions in Application, which may result in business arrangements entered between the users while using the Application.

The functionality of the Application and the use of its features are conditioned by the one-time purchase or subscription payment, though their cannclation may lead to the inaccessibility of the Application, partially or in full.

The Application uses independent external services and applications to display certain functionalities, included, but not limited to the services of the company Google LLC. The use of these services is subject to the terms of use of the external service specified by the owner of the service, and Cypher assumes no liability in this regard and makes no warranties.

- Cypher is not responsible for occasional inactivity of the Application, possible inaccuracy of information and any damage and/or loss of income.
- Cypher is not liable for any damage, e.g. arising from access to information, use of or inability to use information or any errors or deficiencies in their content.
- Cypher is not liable for any loss or damage that may occur due to unauthorised use of the Application.
- Cypher is not responsible for any errors or damage resulting from the transmission of incorrect information and/or other activity of the User, and in particular is not responsible to the fullest extent permitted by law for harmful, immoral, offensive, defamatory or any other illicit or illegal content that the Application User would make available or visible in any way whatsoever, or thereby cause damage to third parties.

- Cypher also reserves the right to change, add or remove content posted in the Application at any time, without prior notice. All Users make use of all published content at their own risk.

User’s obligations

The user shall be responsible for all activities carried out using the Application. In case of unauthorised use of the data or reasonable suspicion of unauthorised access to data, the user shall be obliged to notify Cypher thereof without delay.
Cypher shall not be liable for any damage suffered by the user due to the misuse or unauthorised use by the third party of the user account or password with which the third party is registered, i.e. logged in to Application.
The User agrees not to use the Application for unlawful purposes or purposes contrary to these General Terms.

Exception from the right of withdrawal

The subject matter of the contract is the supply of digital content not supplied on a tangible medium, and the contract places the Application User under the obligation to pay the agreed considaration. The Application User acknowledges that the execution of the contract – provision of digital content - commences with prior consent of the Application User, and in this regard the Application User acknowledges to lose the right of withdrawal from the contract. Furthermore, is shall be considered that the service is fully executed by the Cypher in the moment the Application User pays the agreed consideration. The Application User has the right to terminate the contract only in case Cypher has not enabled the delivery of the digital content after the payment.

Intellectual property rights

Cypher does not transfer to the User any copyrights or industrial property rights, nor does it grant them the right to use any trademarks, logos or corporate identity owned or held by Cypher. The User, for example, may not make copies of the the Application or modify or otherwise interfere with the operation of the Application.

Complaint Handling and Dispute Resolution

The user may file a complaint concerning the operation of the Application or undaertaken purchases by contacting Cypher on the web site https://Storiya.app .

Cypher and the User shall settle any possible disputes amicably. If that is not possible, the disputes will be resolved before a competent court in Osijek, the Republic of Croatia.

Amendments to the General Terms

The current General Terms and Conditions are published on the page: https://Storiya.app.
The same applies to all changes and additions to the General Terms and Conditions resulting from the amended business policy of the Cypher company, and they enter into force on the date of publication on the specified page.
It is considered that the user has been notified of the amendment on the date of receiving the notification on publication of the new or amended General Terms and Conditions.
If the user does not agree with the amended or supplemented General Terms and Conditions, he must stop using the Application.

Force majeure

The Cypher shall not be liable for non-performance of any obligation in event where the non-performance of the obligation results from the force majeure – an event beyond its control, does not result in negligence which could not be avoided, foreseen or eliminated, and directly affects the performance of the obligations. Force Majeure includes, but is not limited to: natural disasters, state of war, strike, embargo, earthquake etc.

These General Terms and Conditions shall enter into force on 16th of January 2024.