General Terms and Conditions for the use of the story.one service

Provider: Storylution GmbH FN: 485671 y,

Company registry court: commercial court Vienna (Handelsgericht Wien)

Adress: Felix Mottl-Str. 29A, 1190 Wien

E-Mail: [email protected]

UID-No: ATU 73020679

Scope of application
1. The following terms and conditions apply to all services offered by the provider and regulate their use.
2. By registering, the user expressly accepts these terms and conditions and acknoledges the privacy policy pursuant to Art 12ff DSGVO, available under https://www.story.one/en/privacypolicy.
3. Persons who have not yet reached the age of 12 may not use services of the Provider.
Performance/ essential characteristics of the service (service)
1. The service consists of free access to and use of the story.one database of Storylution GmbH. This database is available at https://story.one. Through this database, the user can publish and/or read short (max. 2,800 characters) texts in all languages, upload image files, and rate, share, and comment on both his/her own and other people’s texts. There is the possibility of an automatic translation of texts with the help of API’s such as DeepL. Comments from other users on texts and/or books can be rejected by the respective author and thus removed. The provider reserves the right to inspect rejected comments.
2. The provider reserves the express right to reject and delete all content uploaded by users without giving reasons.
3. The provider can provide individual or all published texts for publication in a book. For this purpose, the authors of the selected texts will be contacted under the specified data in order to reach an appropriate agreement on the rights of use (see also point 5).
4. Services include:
  1. Offering the possibility of registration with a password at https://story.one.
  2. After registration of the users, the creation of access for the users to the central database story.one.
  3. Provision of an own profile via the story.one database, whereby the user can publish texts and image files, as well as write or submit comments and ratings. Comments on own texts and books are released by the user himself/herself. Both own and third-party texts and books can be shared by other users and the provider via the share links implemented on the story.one database on other platforms (such as e-mail, Facebook, Instagram, TikTok, Twitter, LinkedIn and similar).
5. Registration and use of the story.one database are free of charge. However, the Provider reserves the right to charge fees for services provided by him in the future. In this case, he/she will proceed in accordance with item 15 (change of terms and conditions). However, the User is not obligated to use the services of the Provider for which fees are charged. The costs of the user’s Internet access are to be borne by the respective user.Services that are subject to charges are currently the following:
  - Back Cover one color (with text): An author can place a text on the back cover
  - Select Vignette: An author can select other cover designs
  - Individual own cover image (with quality-check): An author can upload his/her own image as a cover for his/her book.
  - Using Book Templates: The author can use templates provided by the provider for the book creation.
  - Upload pdf (own book block; witch quality-check): An author can upload his/her own pdf file as the book core
  - Get Ideas: Advice for a potential author
  - Get Advice: Advice for the book creation
  - Masterclass: virtual and physical meetings with successful authors
  - Proofreading (3 packages: S/M/L): Editing graded by quality and/or depth
  - Text Refresh (book block): The author can re-upload the book after correcting errors in the texts
  - eBook: The author can create an eBook in addition to the print book.
  - Audiobook (3 packages)
  - self narrated: The author submits audio files created by him/herself.
  - narrated by a professional: the audiobook is read by a trained narrator
  - text2speech: The text is spoken in words by a computer program.
6. Payment service provider in this context is “stripe” (https://stripe.com/at ). The selection of the payment service provider and the payment options is the sole responsibility of the provider. Currently, the following payment options and currencies are available:
  - Credit card
  - Immediate bank transfer
  - Apple Pay
  - PayPal
  - Euros
  - Dollar
  - Pound
  The provider reserves the express right to unilaterally change the payment service provider, the payment option and the available currencies at any time.
7. With regard to the technical and economic development of the Internet, legal regulations or legal requirements, as well as the further development of its own and third party products, the Provider is entitled to make changes to the services it provides at any time
Registration/contract conclusion
1. Registration at https://story.one is required to use the Provider’s services. To register at https://story.one , the user needs an e-mail address and a password chosen by him/her. In addition, registration with the user’s Facebook, Apple or Google profile is also possible (“social login”). The provider reserves the express right to change the login options in the future.
2. The user is obliged to provide truthful and complete information during registration (in particular with regard to contact options, e-mail, telephone verification). The use of pseudonyms as usernames is permitted.
3. There is no right to registration. The provider is entitled to refuse registration without giving reasons.
4. When registering at https://story.one , a confirmation e-mail will be sent to the e-mail address provided by the user to confirm the registration. The registration process is not completed until the activation link sent to the user has been confirmed.
5. The user has the possibility to use the services of the provider after completing the registration.
6. Registration creates a contractual agreement between the provider and the user, which is governed by the provisions of these terms and conditions.
Obligations, duties and rules of conduct of the user
1. In order to be able to use the services of the provider to the full extent, the user must use the latest (browser) technologies or enable their use (e.g. activation of Java script, cookies, pop-ups, etc.). If older technologies are used, the user may not be able to use the services of the provider to the full extent.
2. The user must treat the access data (password, username) as strictly confidential and protect it from unauthorized access by third parties. He/she may not disclose this access data to anyone, including employees of the provider. If the user has reason to believe that the access data (password, username) has become known to third parties in any way, he/she is obligated to change his/her password immediately and to inform the provider immediately. If the user passes on the access data (password, username) to third parties, he/she shall be liable to the provider for all damages caused as a result.
3. The User is obliged to use the services provided by the Provider in accordance with their intended purpose and to refrain from actions during their use that could harm or endanger the Provider and/or other Users and/or that could restrict the availability of the services for other Users. Intended use also includes compliance with all instructions, recommendations and the like provided by the Provider at the time of conclusion of the contract or thereafter, on its homepage, in operating instructions and/or other documents made available to the User.
4. The provider offers the user the opportunity to enter content into its database, to communicate and interact with other users. The user assures not to misuse the services of the provider. In particular, the user must comply with the following rules:
  1. The entry of personal data in the user’s profile is at the user’s own risk.
  2. The publication of third party data (e.g. the creation of a profile for a third party) without the third party’s consent is not permitted.
  3. The community standards available at https://www.story.one/en/communitystandards must be adhered to in order to ensure that the tone of communication is appropriate.
  4. Users can report violations of the community standards, which will be subsequently reviewed by the provider. In the event of violations, the provider reserves the right to delete the corresponding content and/or to temporarily or permanently exclude the user who has published this content from using story.one (see also item 14).
  5. The user bears the exclusive responsibility for the content stored in his/her profile. The user undertakes to comply with all relevant legal provisions (such as the Criminal Code [Strafgesetzbuch, StGB], laws for the protection of minors [Jugendschutzgesetze], the Prohibition Act [Verbotsgesetz], the Telecommunications Act [Telekommunikationsgesetz, TKG], the E-Commerce Act [E-Commerce-Gesetz, ECG], the Media Act [Mediengesetz], the Copyright Act [Urheberrechtsgesetz, UrhG], the Unfair Competition Act [Gesetz gegen den unlauteren Wettbewerb, UWG], the Data Protection Act/ Basic Data Protection Regulation [Datenschutzgesetz, Datenschutzverordnung, DSG/ DSGVO], any personal rights, resulting from other laws such as the ABGB [Austrian Civil Code], etc) when posting content to his/her profile, in particular not to disseminate any immoral, pornographic, obscene, racist, violence-glorifying, violence-harmonizing, right-wing/left-wing radical, insulting or other illegal content, materials, information and/or image files.
  6. The user is also obliged not to threaten, harass and/or infringe the (personal) rights of third parties and other users.
  7. The user warrants that no personal data or data relating to the personal sphere of life of third parties is visible on the content published by him/her on story.one if the third party has not expressly consented to the publication.
  8. The User warrants that he/she will not upload to the Database any data containing viruses (infected software) or software and content to which third parties have copyrights (unless the User has the necessary rights thereto or the consent of the entitled party).
  9. The user may not take any actions that could cause a system overload, denial of service or the like.
  10. Promoting other websites and sending chain letters is prohibited.
  11. The user warrants that he/she is the author of all uploaded texts, image files, graphics, graphic representations and other illustrations and/or that he/she holds all necessary rights of use to the required extent. If persons are depicted, the user further warrants that the persons depicted agree to the corresponding publication.
  12. The user warrants that the content published by him/her on story.one does not infringe upon or violate any rights of third parties (copyrights, trademark rights, title rights, etc.). The user shall fully indemnify and hold harmless the provider in the event of claims in this regard.
5. The provider is not obliged to check the comments and ratings regularly. He can delete content (stories, texts, image files, comments, ratings, books, challenges, etc.) at any time without giving reasons. In particular, he will do so upon becoming aware of a violation by the user against this point 4.
6. Irrespective of any consequences under civil and criminal law, the user shall fully indemnify and hold harmless the provider for any damages – of whatever kind – and for any claims of third parties – of whatever kind – resulting from the user’s breach of obligations under section 4 of these terms and conditions.
Rights of use and copyrights to the uploaded content
1. By uploading texts and/or graphics, the provider only acquires the right to publish, process, reproduce, make available and translate in the sense of the representation under point 2, i.e. he may keep the texts available on https://story.one, or a corresponding successor website, in the (graphic) design corresponding to the website and make the corresponding comment and evaluation functions available and use them himself. The content may be shared without restriction via share links on other platforms. In addition, the user remains the sole author with the right to use and dispose of the content. He/she can determine which content he/she keeps available for which period of time.
2. If the provider wishes to publish (individual) or all texts and/or graphics in another medium, he/she will contact the user in order to reach a corresponding agreement with him/her. Only in case of reaching such an agreement, texts and/or graphics will be published (in the then agreed manner) in other media.
Rights of use and copyrights to the database

In relation to the users, the provider is the sole holder of the rights of reproduction, distribution, processing and all copyrights as well as the right of incorporeal transmission and reproduction of the database. The use of the Database and the content, materials, trademarks and trade names contained therein provided by the Provider is permitted exclusively for the purposes stated in these Terms and Conditions.
Create book/Permission to print
1. The user has the option of having his/her texts and image files published on story.one, as well as the content of self-uploaded pdf documents, printed in the form of a book. The user can choose between a book with ISBN for sale in bookstores or a book for purely private use. The dimensions of the book are 5×8 inches (one inch corresponds to 2.54 cm). This service of the provider is not free of charge. The provider also reserves the express right to refuse the printing of a book without giving any reason.
2. In order to print a book, the user must first authenticate his/her profile (via telephone number). The provider has the right to match the user’s real name with the account data provided, in particular the account holder. The account data provided by the user will be stored and used by the provider to make any profit payments to the user from the sale of his/her book. If a draft for a book is not printed by the user within three months, the provider is entitled to delete this draft.
3. The final responsibility for texts commissioned for printing always lies with the user. This also applies if the user has made use of a paid editing service and/or a free proofreading program of the provider. The provider assumes no liability for the accuracy of the texts.
4. For the cover of the book, the user has the option to choose from more than 2,000 cover images provided free of charge by the provider. The use of such a cover by the user is of course not exclusive. Alternatively, the user has the option of uploading his/her own image file (of at least 300 dpi) and using it as a cover.
5. The provider expressly reserves the right that the physically printed book may not correspond 100% to the preview displayed to users electronically due to trimming during production. Any minimal differences to this effect are expressly accepted by the user.
6. The texts of a book printed with ISBN cannot be changed significantly afterwards. Only minor changes within the meaning of point 6.2 of the ISBN Manual (International 7th Edition) are still possible. For changes beyond this, a new book with a new ISBN must be printed.
7. For deliveries outside the European Union, the phone number of the recipient must be indicated on the shipping label. The user is therefore obliged to provide his/her telephone number during the printing and ordering process. If necessary, the provider is entitled to pass on the user’s telephone number to third parties in this context.
8. If the delivery of the books to the User does not contain more than three defective copies, the User may submit a corresponding photo evidence to the Provider, whereupon the Provider will complain about these defective productions to the printer and deliver them to the User accordingly. In the event of more than 3 defective copies per delivery, the User shall return the defective books to the Provider by return slip and at the Providers’s expense, whereupon the Supplier shall again complain about these defective productions to the printer.
9. The authors of the texts and/or graphics printed in a book grant to the provider for the duration of the contract all rights and statutory remuneration and participation claims exercised by the collecting society Literar Mechana according to its statutes for joint contribution. The authors agree that the provider will be paid directly the publisher’s share to which he is entitled according to the applicable distribution plans of the collecting society Literar Mechana, whereby the authors undertake to confirm to Literar Mechana the granting of rights to the provider upon notification of the work. The authors’ share remains unaffected.
10. The choice regarding the distribution modalities of the books is the sole responsibility of the provider. Usually, distribution will be based on the author’s place of residence. The provider also has the right to withdraw a book from distribution at any time without giving reasons. Likewise, the choice of book prices (print, eBook, audiobook) is the sole responsibility of the provider, with only euros, pounds and dollars currently being used as currencies.
11. The provider informs all authors of texts and/or graphics printed in a book once a year about the sales figures in trade of the respective books in the previous calendar year (books sold, paid and not remitted). In addition, authors are also shown current sales figures for the books in their profiles. This is only a trend of the producers and the related information is not binding for the provider.
12. The authors are entitled to a corresponding commission from the eleventh sold copy of the respective book. The commission is a certain percentage of the gross retail price of the respective book, which is calculated as follows:
  1. 11 to 3,000 copies sold: 10%
  2. 3,001 to 10,000 copies sold: 12%
  3. from 10,001 copies sold: 16%However, a percentage of more than 10% only applies as long as at least 300 copies are also sold per calendar year.
13. The authors expressly agree to an accounting of this commission in the form of a credit note or credit note display on their profile. A distribution of this credit can only be demanded from the authors if at least a credit of 20,00 Euro/Pound/Dollar is available and to be distributed. The payment of the commission will be made in euros, pounds or dollars, depending on the place of residence of the authors. For the purpose of such a distribution, the provider is entitled to store the corresponding data of the authors for future distributions.
14. The authors expressly agree that no interest will be paid on the balance until it is paid out.
15. The Provider reserves the express right to unilaterally amend this commission provision at any time.
16. In addition, users have the option of requesting permission from other users to reproduce their texts and/or graphics. In this case, the provisions on commission settlements apply as for Book-Challenges (see point 9).
eBook and Audio Books
1. Users have the option of having an already physically printed book subsequently produced as an eBook and/or audio book.
2. When producing an audio book, the user can choose between three variants:
  1. The text is spoken in words by a computer program (“text to speech”).
  2. The user can speak the text himself/herself (in this case, the provider has the explicit right to edit the text spoken by the user and to convert it into a form suitable for audio books).
  3. The user can book a professional speaker via the provider who speaks the text.
3. In each case of the audio book, the user grants the provider the comprehensive and exclusive rights to the spoken word and the soundtrack.
Book Challenges
1. It is possible for individual users to initiate a so-called “Book Challenge” on story.one. This gives other users the opportunity to submit their text and/or graphics. The initiator of the “Book Challenge” then decides which texts and/or images/graphics/illustrations/quotes will be included in the book. The initiator has the choice whether the book will be printed for the book trade (i.e. with ISBN) or for private use. The participants of the “Book-Challenge” have no right to have their texts and/or graphics actually published or printed in a book.
2. By submitting texts and/or graphics, the user irrevocably grants the initiator the right to publish, process, reproduce, make available and translate them. The user’s right to withdraw from this granting of rights for good cause shall remain unaffected. However, such a withdrawal has to be made against the initiator and has to be clarified with him/her.
3. The initiator of the “Book-Challenge” acts as the publisher of the book in the event of printing and publication, and he/she is also subject to the corresponding (legal) obligations.
4. The initiator or editor may not change the content of the texts and/or graphics submitted by the individual users and must cite the individual authors of the respective texts and/or graphics.
5. The individual authors have the right to purchase the book on author’s terms.
6. Author billing, in particular the commission amounts, are generally based on the provisions in Item 7, with the following special provisions applying:
  1. The first 1,000 copies sold will be distributed to the publisher. The publisher is, of course, free to make his or her own agreements with the authors in this regard with regard to any participation.
  2. From the 1,001st copy sold, the so-called “bestseller clause” applies, which provides for a mandatory participation of the individual authors of the respective texts and/or images. 10% of the distributable author’s fee remains with the publisher. The remainder is subject to the commission participation of the authors, which takes place aliquot according to the number of texts and/or graphics provided by the individual authors in the concrete book and according to the commission amount regulated in point 7. Any distributions in excess thereof shall be made by the Provider in turn in accordance with the provisions of Item 7.
One-minute videos
1. Users can upload videos with a maximum length of one minute (=”one-minute video”) to story.one. These videos are then stored in the user’s profile.
2. Users have the right to delete their videos at any time.
Availability/Warranty
1. The provider does not guarantee the constant availability of its services. Downtimes due to maintenance, software updates and due to circumstances (such as technical problems of third parties, force majeure), which are not within the control of the provider and therefore are not his responsibility and are not accessible through the services offered by him via the Internet, cannot be excluded. The user declares that he/she will not assert any claims for damages and/or warranty claims for failures.
2. The provider does not guarantee that its services will meet the expectations of the users, in particular that successes (e.g. the publication of stories in a book, etc.) will be achieved from the use of the database as well as from the use of the services of the provider.
Liability
1. Insofar as this does not violate mandatory law, the Provider shall only be liable for the compensation of damages caused in connection with this contract by him, his employees and/or vicarious agents in the event that the causation of such damages was caused by gross negligence or intent. However, the accompanying limitations of liability do not apply to compensation for personal injury.
2. Notwithstanding the limitation of liability pursuant to Section 12.1, the Provider’s liability for consequential damages, lost profits, loss of data and financial losses is expressly excluded.
3. The provider is not liable for any content distributed by the user on https://story.one , nor for any damage resulting from it (see also point 4).
Decommissioning of the serviceThe Provider shall be entitled to shut down the Service, which is the subject of this Agreement, in whole or in part, if its security or the security of Users is endangered. This right of the provider also exists if the continued operation of the service or parts of the service is economically unreasonable for the provider. The provider shall notify the users of such measures without delay.
Sanctions
The provider reserves the right, in case of violations of the user against these terms and conditions,
- to admonish the user,
- to delete the user’s content,
- to block the user temporarily or permanently and/or
- to terminate the contractual relationship prematurely and to delete the user profile, in particular in the event of violations of the provisions in point 4
Amendment of these terms and conditionsThe Provider is entitled to change these Terms and Conditions at any time. The provider will inform the user of such changes by sending the amended terms and conditions to the e-mail address provided during registration. The amendment of the Terms and Conditions entitles the User to terminate the contractual relationship in writing within a period of one month from notification. If the user does not terminate the contract within this one-month period, the amended terms and conditions shall be deemed to have been agreed.
Duration/termination of the contractual agreement
1. This contract is concluded for an indefinite period. The User may use the database until he/she deletes his/her profile him/herself, has it deleted or it is deleted by the Provider or the Service is shut down by the Provider:
2. The user can delete his/her profile and terminate the contract at any time without giving reasons. For this purpose, a deletion option is available in the data protection area. For authentication, the user must enter his/her e-mail address and t hen press the delete button. The user who has already published one or more books can delete his/her profile only if the user has previously discontinued all his/her books. For this purpose, a separate button is available in the discontinue booksales section.
3. The Provider may terminate the contract with the User and delete his/her profile, in particular for the following important reasons:
  1. User violates the provisions of point 4;
  2. The Provider has drawn the User’s attention to the violation of any other provision of this Agreement and has requested the User to remedy the violation within a period of at least 14 days and the User does not comply with this request within the set period.
4. The content published by the user (books, texts, stories, image files, messages, comments, ratings, etc.) will also be automatically deleted irretrievably after the deletion of his/her profile.
5. It is pointed out that in case of a deletion of the profile for whatever reason, there is no possibility for the provider to inform the user about possible author’s commissions or to pay them out. At the time of deletion, a final settlement will take place and any credit balance (if it exceeds the amount of 20.00 euros/pounds/dollars) will be paid to the owner of the deleted profile.
Independent service providers
1. Services offered by third parties in the database (so-called Internet Content Providers, ICP for short) may be subject to additional conditions and may be chargeable to the user. The user is obliged to inform himself/herself about the general terms and conditions and fees of ICP before using its services. The contractual relationship regarding the services offered by ICP is only between ICP and the user, not with the provider.
2. The provider assumes no liability – of any kind whatsoever – for the services of ICP.
Secrecy/data protection
1. The user agrees to keep confidential any messages or data of other users (such as names, telephone and fax numbers, e-mail and home addresses, URLs, etc.) that he/she receives in connection with the use of the database. The user may not make these available to third parties, either directly or indirectly, in whole or in part, without the prior written consent of the other user.
2. The provider and the user are obligated to comply with the provisions of the Data Protection Act (DSG), the General Data Protection Regulation (DSGVO) and any other statutory confidentiality obligations.
3. The provider processes the necessary personal data of the user for the purpose of fulfilling the contract. The detailed data protection information (privacy policy) according to Art 13 ff DSGVO can be found on our homepage at: https://www.story.one/en/privacypolicy.
4. The above mentioned obligations shall also apply after termination of this contractual agreement.
Consent pursuant to § 107 TKGThe user consents to receive messages from the provider or from companies commissioned by the provider for this purpose within the meaning of Section 107 of the Telecommunications Act for advertising purposes about their own and similar products and events. This consent can be revoked by the user at any time at [email protected].
Consumer’s right to withdraw from contracts concluded at a distance or away from business premises
1. In the case of consumer contracts, the user may withdraw from a contract concluded at a distance or off-premises within 14 days of the conclusion of the contract without giving reasons. If the last day of the period falls on a Saturday, Sunday or public holiday, the period ends on the following working day. It is sufficient if she/he has sent the declaration of withdrawal within the period.
2. If revoked, the profile will be deleted from the database https://story.one and it will no longer be possible to use the free service of the database.
3. To exercise the right of withdrawal, the consumer may use the form available here.
4. The activation for the use of the services of the provider is considered as execution of the services. With the active registration, the user declares the express request for early performance of services even before the expiry of the withdrawal period.
5. The user hereby acknowledges and expressly agrees that with the initial registration (activation link), the service of the provider before the expiry of the withdrawal period of § 11 FAGG takes place. The loss of the right of withdrawal according to § 18 FAGG is not associated with this.
Complaints procedure
1. The user can report the misuse of the database by other users or also send a complaint to Storylution GmbH. For this purpose, a message stating the subject of the complaint can be sent to [email protected].
2. As soon as a complaint is received, the user will receive a short information e-mail about the receipt of the complaint. The provider will review this complaint and send a response by e-mail to the user (about the result, the necessary information or whether further information is needed) within the next 14 days at the latest. After response by the user, if necessary, the further review or a subsequent review of the request will take place.
3. Users also have the option of submitting complaints to the EU’s online dispute resolution platform: http://ec.europa.eu/odr.
Place of performance/jurisdiction/choice of law/language of contract
1. Place of performance is Salzburg.
2. For legal disputes with consumers within the meaning of the Consumer Protection Act (KSchG), who have their domicile or habitual residence in Germany or are employed in Germany, the statutory places of jurisdiction shall apply.
3. Austrian law shall apply, with the exception of the reference norms of international private law (e.g. IPRG, Rome I Regulation) as well as the UN Convention on Contracts for the International Sale of Goods.
4. The contract language is German.
Partial nullityShould any provisions of this contract be legally ineffective, invalid and/or void or become so in the course of their duration, this shall not affect the legal effectiveness and validity of the remaining provisions. In this case, the contracting parties undertake to replace the legally ineffective, invalid and/or void (legally ineffective, invalid and/or void) provision with a provision that is legally effective and valid and corresponds in its economic effect to the replaced provision – as far as possible and legally permissible.
Final provisions
1. All declarations of a legally binding nature based on this contract shall be made in writing to the e-mail address of the respective other contracting party last notified in writing. If a declaration is sent to the e-mail address last notified in writing, it shall be deemed to have been received by the respective contracting party.
2. The designation of the headings chosen for the individual chapters is solely for the purpose of clarity and shall therefore not be used for the interpretation of this Agreement.