Welcome to Storytel!

These terms of use are important and regulate the relationship between yourself and Storytel and as such affect your legal rights and obligations. So please, before you enter the wonderful world of Storytel, take a moment and read these terms carefully.

STORYTEL TERMS OF USE

Storytel (hereinafter “Storytel”, “us”, “our” or “we”) offers a subscription service with personalized features (the “Service”) that allows you (hereinafter and interchangeably “You” or the “Subscriber”) to access audiobooks, ebooks and other literary content (the “Content”) streamed over the Internet to Your mobile phone or to another compatible internet accessible device. By signing up for an account, a Free Trial and/or a subscription plan with Storytel, by purchasing and/or cashing in a Gift Card, by downloading, accessing and/or using the Storytel app or the Storytel website, using an add-on service or product provided by Storytel or otherwise by accessing or using the Content, or any of the Service’s features or functionalities provided by Storytel as the case may be, You are entering into a binding agreement with Storytel and agree to and accept to abide by these Terms of Use. You also thereby acknowledge and agree to Storytel processing Your personal data in accordance with the Storytel Privacy Policy.

These Terms of Use describe the conditions upon which the Service is available to You and supersede prior terms and conditions previously agreed upon. Agreeing to them is a requirement for Your access to and use of the Service. By accepting them You agree and accept that Storytel may terminate this agreement or suspend Your access to the Service at any time and without prior notice if You fail to comply with any provision hereof. If You do not agree to the Terms (as defined below) You may not use the Service neither access or consume any Content provided by Storytel.

Additionally, supplemental terms of use may apply to some parts of Service e.g. regarding rules for a particular competition, additional terms and conditions for add-on services or other activities, or for certain additional content, regarding separate subscription plans, products or software accessible through the Service. If supplemental terms and conditions are required, they will be disclosed to You in connection with the relevant activities or products. Any supplemental terms and conditions provided by Storytel are an addition to these Terms of Use, and will, in the event of a conflict, prevail over these Terms of Use.

These Terms of Use, the Storytel Privacy Policy and any additional and/or supplemental terms and conditions from Storytel are hereinafter collectively referred to as the “Terms”.

1.Age Limit and Account Eligibility

1.1

To be eligible to enter into these Terms and set up an account or enter into a subscription plan with Storytel You must

a) be at least eighteen (18) years old and/or otherwise have authorization and legal power to enter into this agreement by law in the country where the Service is made available to You;

b) be a resident of the country in which the Service is made available to You; and

c) agree to be bound by these Terms.

1.2

You must also provide Storytel with correct information about Yourself when registering an account with us and provide correct contact details and a valid method of payment. Agreeing to the Terms and providing such information is a requirement for Your access to and use of the Service. If You do not agree to the Terms You may neither use the Service or its functions and functionalities nor consume any Content provided in the Service.

2.The Service

2.1

Storytel provides a personalized digital subscription service through which You as a Subscriber can stream and/or temporarily download audiobooks, ebooks and other literary content to Your mobile phone or via other internet accessible devices accessed via the Storytel app or any other Storytel preinstalled software. Additionally, the Service includes personalized recommendations, messages, and features developed and modified specifically for You to enhance Your user experience. Storytel may also from time to time offer access to different kinds of social media forums, which may or may not be open to the public, in order to further enhance and enrich Your user experience. Unless otherwise agreed in any supplemental terms or under a subscription plan offered to You by Storytel to which You have agreed, the Service, as described above, may only be used for Your non-commercial personal use in accordance with the Terms.

2.2

In order to use the Service, You must use a an internet-connected device compatible with Storytel’s technical requirements or one of Storytel’s business partner platforms onto which Storytel’s application is installed and provide us or our business partner with Your choice of the payment methods accepted by Storytel and as applicable from time to time. For a full and updated list of the technical requirements for using the Service, a complete list of Storytel’s business partners and a list of the currently accepted payment methods please visit Storytel’s website. Storytel reserves the right however to modify technical requirements for the use of the Service and to change, add or remove business partners and payment methods from time to time. Storytel will use its best efforts to notify You, via email or via push notification from within the Service, of any modifications which may limit Your technical ability to use the Service. Such notification will be sent no later than thirty (30) days prior to the entry into force of such modification. Storytel reserves the right, at any time, to add or remove a business partner and payment solution without any prior notification to You.

3.Subscription plans

3.1

Storytel reserves the right, at its sole discretion, to offer the Service through different kinds of subscription plans, which could mean and include but not be limited to: promotional plans, plans provided by (or bundled with) third parties, plans based on the number of offered simultaneous streams, or plans based on limitations in the Content provided.

3.2

Storytel reserves the right, at its own discretion, to add new plans, remove existing plans or to change any features or functionalities of such subscription plans from time to time. Where such change materially affects an existing subscription plan to the detriment of a Subscriber, the Subscriber will be informed thereof and have the possibility to terminate the Service in accordance with section 12 in these Terms of Use.

3.3

The number of simultaneous streams offered under a subscription plan will depend on the type of subscription plan that You have signed up to and will be stipulated in more detail in the supplemental terms and conditions separately accepted.

3.4

Please see the Storytel website for updated information on prices and any type of subscription plan offered from time to time in your country of residence. Here You will also find a presentation of the currently available subscription plan(s) and their corresponding supplemental terms (including any specific limitations) to which You, in order to access such plan, have to agree separately.

3.5

Information about Your current subscription plan is always available by accessing Your account on the Storytel website (i.e. by logging into Your Storytel account with Your username and password and by navigating to “my pages”).

3.6

In the event that more than one subscription plan is offered for You to choose from, You may change Your current subscription plan to another subscription plan currently offered by Storytel in Your country of residence. However, any such change may take effect from the day that the change was registered and last until after Your next recurring payment date before a new change may be registered for the same account. Your original payment cycle of thirty (30) days will not be altered by a change between different subscription plans. You can easily review, manage or change Your account details and subscription plan by accessing Your account (i.e. by logging into Your Storytel account with Your username and password and by navigating to “my pages”).

4Content Filters

4.1.

Any pre-installed Content filters, such as e.g. “kids’ mode” or other similar filter functions that may be offered from time to time, are offered to a user as an optional function. The metadata for each title in the Content that Storytel relies on regarding e.g. age limits and identification of literary genres is provided by Storytel’s publishing business partners. Storytel therefore takes no responsibility for, and does not warrant that, You will find the filters based on such metadata completely to Your personal satisfaction. Furthermore, Storytel cannot in any way guarantee that such filters are completely accurate or that they with complete certainty have filtered all non-relevant Content in accordance with what has been intended. If a filter does not work to Your satisfaction, please discontinue any use of the filter immediately and let us know how we may improve the filter and the Service to better meet Your expectations by contacting Storytel via the Storytel website. Storytel welcomes any feedback regarding Content that You find inappropriate or unsuitable in light of the filters used or that you otherwise suspect may contain infringing or otherwise unlawful features. Storytel depends on Your feedback so that we may improve our filters and our Service over time.

4.2.

If and where a pre-installed “kids’ mode” filter is offered to You as a Subscriber of the Service, the settings of such filter have been made based on the metadata to allow only such Content that is deemed by its publisher as suitable for children aged twelve (12) years old or younger. This means that the Content made available in "Kids’ mode" may include any and all books and genres in the Storytel content catalogue intended for kids of all ages within this age group. Storytel can not in any way guarantee that the filter is completely accurate or that it with complete certainty have filtered all non-relevant Content in accordance with what has been intended.

5.Free Trail

5.1

Your Subscription may start with a free trial period (“Free Trial”) of the Service. The Free Trial lasts fourteen (14) days, or as otherwise specified when You sign up, and is intended as a way to allow users to try the Service.

5.2.

When You sign up for a Free Trial, You acknowledge and agree that You will automatically be transferred to a monthly subscription plan at the end of the Free Trial, unless You terminate Your subscription of the Service prior to the last day of the Free Trial, in which case You will not be charged, and Your subscription will be cancelled.

5.3

If a Free Trial is offered to You, it is Storytel’s intention to offer such Free Trial once. Thus, a user who has already activated any type of Free Trial offer may be blocked from using additional Free Trials. Free Trial eligibility is determined by Storytel at its sole discretion and Storytel may limit the eligibility to prevent Free Trial abuse and/or a breach of the Terms. Storytel reserves the right to revoke or terminate a Free Trial if Storytel, in its sole discretion, determines that a user is not eligible. The user may not combine the Free Trial offer with other offers.

6Prices and Payments

6.1.

Storytel cooperates with third party payment service providers through which all Your payments will be made before settled with Storytel.

6.2.

Subscriptions are paid monthly in advance until the subscription is terminated. As regards the timing of the monthly payments, You will be charged once every thirty (30) days, commencing on the date when You activate Your subscription, or in the case where the subscription has started with a Free Trial from the date of the expiry of such Free Trial unless the subscription has been terminated by You or Storytel before such time. In some cases, the date on which You will be charged will change, for example, if it is not possible to confirm the date of validity of information regarding Your chosen payment method such as eg. Your credit card details.

6.3.

Prices are displayed on the Storytel website. All prices include Goods & Services Tax (GST). Payment can be made by credit/debit card or by such other payment method (including but not limited to in-app payments) that Storytel at any given time may inform You As regards credit cards, please be informed that Storytel may refuse or block credit cards which are not issued in the country in which the Service is offered to You. Storytel also reserves the right at any time and at its own discretion to deny certain types of credit cards.

6.4.

Prices may vary depending on type of payment method used. If prices vary, Storytel will communicate this on the Storytel website in connection to the general information on prices. Further, prices do not include any data communication costs or fees which Your internet or telecommunication service provider may claim under Your contract with such service provider.

6.5.

In the event of default of or a delayed payment, Storytel reserves the right to suspend or terminate Your access to the Service. If this should occur, please log in to the Storytel website with Your username and password and re-activate Your subscription from within Your Storytel account under the ‘My Pages’ section. In the event of a delayed payment Storytel is however entitled to charge You reasonable penalty interest, reminder fees, and where applicable, statutory debt collection fees.

7.Gift Cards

7.1.

Storytel may offer different types of Gift Cards. Some Gift Cards may be product specific, which means that such a Gift Card is connected to a specific subscription plan, as determined by the buyer at time of its purchase. Any such a Gift Card can only be used in accordance with the terms applicable to such plan.

7.2.

When You sign up as a Subscriber with a Storytel Gift Card You agree to and accept the Terms the same way a paying subscriber of the Service does, less the payment provisions herein.

7.3.

As a Storytel Gift Card user You will be provided full access to the Service in accordance with the relevant subscription plan during the full period of the Gift Card. Upon the expiry of the Gift Card, the Service will be automatically terminated unless You actively sign up as a paying subscriber or redeem a new Storytel Gift Card. However, if You activate a Storytel Gift Card when You are already a subscriber of the Service, Storytel will temporarily suspend the requirement for payment of the Service until the expiry of the Gift Card, upon which time You will be automatically transferred back as a paying customer of the Service and resume the monthly subscription payment plan. your most previously used subscription plan. However, if such subscription plan is based on a product specific gift card you will be automatically transferred back to your most previously used recurring subscription plan based on a payment method not using a Gift Card.

8.Cancellation during the cooling off period

8.1.

When signing up as a Subscriber of the Service, regardless of which subscription plan You choose, You have a right to a fourteen (14) day cooling-off period. The cooling-off period applies from the date of signing up to a subscription plan.

8.2.

If You begin to listen to or read an audiobook or ebook, or use the Service in any other way, You agree that You forfeit the right to cancel Your purchase of the Service as per the cooling-off rights mentioned in section 8.1 You do however still have the right to termination of the Service in accordance with section 12 below.

8.3.

If You are incorrectly charged, You will be credited the charged amount within fourteen (14) days from the day on which Storytel received Your notice.

9.Intellectual Property Rights

9.1.

The Service is our copyrighted property and contains the copyrighted property of our licensors or licensees, and all trademarks, service marks, trade names, trade dress and other intellectual property rights in the Service or in the Content available to You from within the Service are owned by us or our licensors or licensees or any affiliated companies. Except as we specifically agree in writing, no element of the Service or its content may be used or exploited in any way other than as part of Service offered to You under the Terms. You may own the physical device on which elements of the Service are delivered to You, but we retain full and complete ownership of the Service and all the intellectual property rights vested therein. We do not transfer rights or title to any portion of the Service to You nor do we transfer any rights or title to any portion of the content made available from within the Service to You. Nothing provided by any brand owned or licensed by Storytel should be construed as granting, by implication or otherwise, any license or right of use of any trademark displayed on or within the Service to You.

10.Content and Software License

10.1.

The Content offered to You via the Service may vary from time to time and between the different countries and regions where the Service is available. The Content may also vary depending on Your location when You access the Service. Storytel makes no representation that the Service or the content accessible through the Service will be available for use in any other country than Your residing country in which the Service is made available to You. For information on the content currently available in Your country, please visit the Storytel website. Please be informed that Storytel is under no obligation to notify You of any changes in the Content offered.

10.2.

The Service is configured to enable the use of the Service software, its content, virtual items or other materials owned or licensed by us. We hereby grant You a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the Service software, its content, virtual items or other material for Your personal, non-commercial use only.

10.3.

You acknowledge, warrant and agree that You, or anyone to whom You allow access to the Service via Your account, will not copy, reproduce, duplicate, modify, create derivative works from, display, publish, distribute, disseminate, broadcast, transmit, sell, rent, lease, lend, sub-license or circulate or otherwise exploit for any purpose (commercial or otherwise) any material and/or part of or all of the Service to any third party (including, without limitation, the display and distribution of the material via a third party website) without the express prior written consent of Storytel or except as otherwise expressly permitted under applicable mandatory law.

10.4.

You also acknowledge, warrant and agree that You, or anyone to whom You allow access to the Service via Your account, will not; (1) redistribute, circumvent or disable any content protection system or digital rights management technology used in the Service; (2) decompile, reverse engineer, disassemble or otherwise reduce any Service to a human-readable form; (3) remove any identification, copyright or other proprietary notices; or (4) access or use the Service in an unlawful or unauthorized manner or in a manner that suggests an association with our products, services or brands.

10.5.

This section 10 also applies to everyone who has access to the Service.

11.Third party content and links

11.1.

The appearance of external hyperlinks and/or other elements generated by third parties accessible from the Service, our website and any forums provided by Storytel both inside and outside of the Service does not constitute endorsement by Storytel and/or its affiliated companies of the opinions or views expressed by such third parties’ on or outside of their websites/social media platforms. Storytel does not verify, endorse or take responsibility for the accuracy, currency, completeness or quality of the content contained on these third parties’ sites. Furthermore, Storytel is not responsible for the quality of or delivery of any products or services offered, accessed, obtained by or advertised at such third parties’ sites/social media platforms. As such, Storytel will not be responsible for content provided on any third-party website/social media platform, and further Storytel will under no circumstances be liable for any direct or indirect loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these third party hyperlinked websites/social media platforms.

11.2.

The Service may integrate, be integrated into, or be provided in connection with third-party services and content. Storytel does not control those third-party services nor its content. You should carefully read any agreement or terms of use and privacy policies presented to You that apply to such third-party services and/or content.

12.Duration and termination

12.1.

As soon as You have registered an account with Storytel and signed up to become a monthly subscriber under a Subscription plan or to try a Free Trial offer Your subscription with Storytel will continue from month to month until terminated by You or by Storytel. Unless You cancel Your subscription You therefore authorize us to charge You the next month’s subscription fee in accordance with the Terms and from the payment method that You have chosen and registered with Storytel when You signed up for the Service, or otherwise as per Your later instruction to us.

12.2.

To terminate the Service before a new month is added to Your subscription term, You must terminate the Service no later than the day before a new monthly period begins, otherwise the subscription continues, and You are charged for another month before it is terminated.

12.3.

To unsubscribe, please turn to the Storytel website and login. Click on “My Pages” and “My Account”, select the option Unsubscribe and follow the instructions. You can also cancel the Service by contacting Storytel by other means.

12.4.

In addition to Storytel’s termination rights in sections 3, 6.5 and 14.4 or elsewhere in the Terms, Storytel has the right to terminate or restrict Your use of the Service with immediate effect if Storytel has reasons to suspect that You (or anyone whom You have allowed access to the Service) have violated the Terms or any applicable laws, rules and regulations. This also apply if You are otherwise using the Service in a fraudulent way or a way that may cause damage to Storytel or any third party.

13.Storytel’s rights and responsibilities

13.1

As part of providing the Service, Storytel may contact You by mail, telephone, SMS, MMS, e-mail or directly via the Service for the purpose of communicating regarding the functionalities (including sending reminders about credit card expiration dates) and the Content of the Service. Where applicable Storytel may also, unless You have declined such contact, contact You by mail, telephone, SMS, MMS, e-mail or directly via the Service regarding promotions or similar activities, products and events that are related to the Service.

13.2.

If You have separately agreed and accepted thereto, Storytel may also contact You via any other means of communication e.g. via third party social media platforms.

13.3.

All communication between Storytel and the Subscriber shall be in accordance with Storytel’s privacy policy.

13.4

Storytel is not liable for any disruption to mobile networks or in the service of internet providers.

13.5

The Service is available around the clock, seven (7) days a week. However, Storytel provides no guarantee that the Service will always be free of errors or interruptions. If there are any faults or interruptions affecting the Service, Storytel will be given the opportunity to correct these without there being a breach of contract, i.e. of the Terms. Storytel also has the right, within reason, to close the Service, for example, for carrying out upgrades and maintenance.

13.6.

Storytel has the right, fully or partly, to transfer its rights and obligations under the Terms to third parties. Storytel also has the right to engage subcontractors to carry out its obligations under the Terms. Any such changes which may affect the processing of Your personal data shall be handled in accordance with the Storytel Privacy Policy.

13.7.

Storytel may, at its own discretion, make changes in the Terms. When Storytel makes material changes to the Terms to Your detriment this will be communicated to You e.g. by displaying a notice in the Service or by sending You an e-mail, SMS or a push notification via the Service no later than thirty (30) days before the changes take effect. In some cases we will ask for Your explicit consent and in some cases we will notify You in advance and Your continued use of the Service will constitute Your acceptance of the changes. It is therefore important that You read any notice or message from us carefully. If at any time You wish to discontinue using the Service due to such updates or changes in the Terms You may terminate Your subscription at any time by following the instructions set out in section 12 of these Terms of Use.

14.The Subscriber’s rights and responsibilities

14.1.

Unless otherwise follows from any applicable supplemental terms, the Subscriber may listen to audiobooks, read ebooks and use the Content in the Service for the Subscriber’s private non-commercial use only. Users of the Service may e.g. not play audiobooks for an audience or in a public place. Your account details (including but not limited to login details) are personal and they may not be shared with others.

14.2.

The Subscriber undertakes not to circumvent or to attempt to circumvent the technical or other limitations in place to prevent copying of the Content in the Service and to not copy, either in whole or in part, audiobooks, ebooks or other content in the Service, even for private use.

14.3.

You acknowledge and agree that Your access to and use of the Service shall comply with the Terms. You also acknowledge and agree the same for everyone whom You allow access to the Service via Your account. Access to any other user may only be granted by You in accordance with the Terms.

14.4.

If You are offline from the Service for a period of thirty (30) days or more and have temporarily downloaded content into the app, Storytel may require You to go online to ensure that You still have an active subscription of the Service and to update the Content in the Service. If You refuse to do so Storytel reserves the right to suspend any further use of the Service until You have verified that You have an active subscription with Storytel. If no such subscription is verified Storytel may, at its own discretion, continue to suspend the Service or to terminate Your account.

14.5.

You are responsible for ensuring that the information provided at registration is correct and that any personal data provided to Storytel, including Your e-mail address, is correct. You are responsible for informing Storytel of any change in the data provided, especially to Your e-mail address. Any e-mail that Storytel sends to Your e-mail address shall be deemed to have been received by You within two (2) days of the e-mail being sent.

14.6.

You are responsible for maintaining control over Your account, to prevent undue access to the Service and undertakes not to reveal Your password or any other personalized details associated with Your account for as long as You subscribe to the Service.

14.7.

In any reviews of audiobooks, ebooks or other literary content that the Subscriber writes, the Subscriber is responsible for ensuring that the Subscriber’s opinions are expressed in accordance with applicable laws and with respect to others and that the Subscriber does not use words or phrases that may be perceived as discriminatory or unnecessarily offensive or objectionable in forums that may be associated with Storytel. It is furthermore the Subscriber’s responsibility to ensure that the Subscriber does not post, use or share intellectual property belonging to a third party or post, use or share content or comments that is or may likely be interpreted as illegal, e.g. defamatory content, materials portraying or suggesting sexual abuse or online hate comments.

14.8.

The Subscriber has no right to transfer his/her rights and obligations under the Terms, unless the Subscriber has Storytel’s written consent to do so.

14.9.

The Subscriber must not use the Service in any way that causes, or is likely to cause, the Service to be interrupted, damaged or impaired in any way. You understand that You, and not Storytel, is responsible for all electronic communications and content sent from Your device to us and You must use the Service, Your device and our website and any forums provided by Storytel both inside and outside of the Service appropriately and for lawful purposes only. Subsequently You agree not to use the website for any fraudulent purposes, or in connection with a criminal offense or other unlawful activity or to send to send, use or reuse any material that does not belong to You; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, defamatory, libelous, obscene, pornographic, or is in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties.

14.10

In the event that the Service, or parts thereof, is incorrect or faulty, You are urged to contact Storytel by way of the contact form on the Storytel website, from the email address registered to Your account or by using any other means to inform us or to lodge a complaint.

14.11.

The Subscriber acknowledges that the Service includes Content not appropriate or suitable for minors. You therefore agree, regardless of whether or not You have chosen to use a Content filter (such as e.g. the kids’ mode filter), not to let minors access the Service unless they are under Your supervision.

15.Contracting party

15.1.

The Service is provided and made available to You under the Terms by Storytel Sweden AB, a limited liability company incorporated in Sweden with corporate identity number 556696-2865 and corporate address Box 24167, 104 51 Stockholm. To contact us or our customer service department, please send an e-mail to [email protected].

16.Miscellaneous

16.1.

The Service is provided to You solely for the non-commercial purpose of consuming entertainment, information and other similar purposes.

16.2.

The Terms shall be governed and construed in accordance with the laws of India, excluding its conflict of laws principles.

16.3.

In case of a dispute between Storytel and the Subscriber, the parties should first attempt to resolve the dispute by agreement. If the parties cannot agree, the dispute may be referred to the National Consumer Disputes Redressal Commission, Upbhokta Nyay Bhawan, 'F' Block, GPO Complex, INA, New Delhi- 110 023, India,

16.4.

If You are dissatisfied with the Service, the content available on it, or with the Terms, Your sole and exclusive remedy is to discontinue accessing or using the Service.

16.5.

To find more information about the Service or if You need assistance with any feature or with Your account please contact [email protected].

.

Last reviewed 2 November 2018

Storytel Sweden AB

Box 24167, 104 51 Stockholm