# Product Manual
## Welcome to Habit Story
We're so glad you've decided to use Habit Story. In this Product Manual, we'll jump into a few of the most common actions are users will take. Before we jump into the user actions, it's important to understand what a user it. So, we'll highlight that here!
### User Types
All users belong to an organization, and each organization can have many users. There are three privilege levels of users:
1. **Basic**
1. A **Basic** user is one that has view only access to reports that have been completed by respondents.
2. **Admin**
1. An **Admin** is a **Basic** user that has the privileges to manage projects and invite respondents.
3. **Owner**
1. An **Owner** is an **Admin** that acts as the account manager for your organization's account. The Owner is responsible for billing and managing the users of the account.
# Setting up your Profile
This series of documents will guide you through setting up your account and the basic user actions available in Habit Story.
### Setting Up Your Profile
#### 1. Click on Settings
In **Settings,** you can update your profile information, invite your team members, and update your notification settings. 
#### 2. Click on Profile
#### 3. Type Your Name
#### 4. Update Your Email Address
#### 5. Update Your Secondary Email Address (if applicable)
#### 6. Update Your Password
#### 7. Click on Save
#### 8. Click on Confirm Change
***
# Inviting your Team
#### 1. Navigate to Settings > Team
#### 2. Click on Add User
#### 3. Type Team Members Name and Email
#### 4. Select the User's Privileges
* User accounts are view only access.
* Admins are able to view and invite new respondents
#### 5. Click on Yes, Send to Send Invitation
***
# Creating a Project
#### 1. [Go to Habit Story](https://habitstory.twostory.com/version-test/?debug_mode=true)
#### 2. Login with your credentials
#### 3. Click on Add New Project
Once you've logged in to Habit Story, you'll be directed to the project page. On this page, you'll be able to manage and create all of your projects. To create a new project, click "Add New Project."
#### 4. Set Project Parameters
Here, you can change the **Project Name**, update the **Target Date**, and change the **Assessment Type** (if you have more than one assessment available on your account).
* The **Project Name** should be descriptive to reflect the name of the project. Only your administrative team will have be able to view this project name. The respondents will not have access to the project name.
* The **Target Date** is the date by which you will require respondents to complete the assessment.
**Note: the respondents will be able to access and take the assessment unless you have archived the account.**
**Want access to more assessments? Contact to see what other assessments we have available for your needs.**
#### 5. Click on Next
#### 6. Update Respondent Invitation
Here, you can change the **Respondent Type** and the **Respondent Invitation**.
* The **Respondent Type** will either be set to Employee or Candidate to reflect the purpose of the project.
**Note: Respondents marked as Employees will have access to their digital report upon completion of the assessment. Respondents marked Candidates will not have access to their digital report upon the completion of their assessment.**
* The **Respondent Invitation** is the text of the email that will be sent to respondents inviting them to complete their Habit Story assessment. This email will include a username and password to access the assessment
**Note: requiring respondents to login with custom username and password ensures the correct respondent is completing the assessment and no information is lost in the event of disconnection from the internet.**
#### 7. Enter Respondent Emails
There are two options to invite a respondent when creating a project.
**Note: respondents can be invited after the project is created.**
1. Enter the email of up to 4 respondents
2. Upload .csv (template here)
**Note: only 100 respondents can be invited from a .csv at a time. If you require more than this, please contact **
#### 8. To confirm invitations, click Send
#### 9. Your new project appears
***
# Add Respondent to Project
#### 1. Navigate to Projects
#### 2. Select the Project
Click the project you would like to invite the respondent.
**Note: the Respondent Type is specific to the respondent, and you'll be able to tailor their invitation to them.**
#### 3. Click on Add New Respondent
#### 4. Select the Respondent Type
Here, you can change the **Respondent Type** and the **Respondent Invitation**.
* The **Respondent Type** will either be set to Employee or Candidate to reflect the purpose of the project.
**Note: Respondents marked as Employees will have access to their digital report upon completion of the assessment. Respondents marked Candidates will not have access to their digital report upon the completion of their assessment.**
* The **Respondent Invitation** is the text of the email that will be sent to respondents inviting them to complete their Habit Story assessment. This email will include a username and password to access the assessment
**Note: requiring respondents to login with custom username and password ensures the correct respondent is completing the assessment and no information is lost in the event of disconnection from the internet.**
#### 5. Enter Respondent Emails
There are two options to invite a respondent when creating a project.
**Note: respondents can be invited after the project is created.**
1. 1.Enter the email of up to 4 respondents
2. 2.Upload .csv (template here)
**Note: only 100 respondents can be invited from a .csv at a time. If you require more than this, please contact** [**help@twostory.com**](mailto:help@twostory.com)
***
# Managing Projects
***
#### 1. [Go to a Project's Page](https://habitstory.twostory.com/version-test/projects-page/1659820214798x500134313062826000?debug_mode=true)
#### 2. View Respondent Metrics
In each row, you can view the status of the respondents.
* **Date Opened** is the date the respondent accessed their invitation
* **Date Completed** is the date the respondent completed their assessment
* **Eye Icon** allows you to view the digital report
* **Download Icon** allows you to download the pdf report
#### 3. Archive a Project
**Note: when you archive a project, it will be moved to the archived folder and will be listed as inactive. Respondents will no longer be able to complete assessments. This action can be reversed if you would like to reactivate the project.**
#### 4. Activate a Project
**Note: Project will be moved to the active folder and will be listed as active. Respondents will now be able to complete assessments. This action can be reversed if you would like to archive the project.**
#### 5. Change Point of Contact
To change the point of contact of a project, click on the edit icon and select one of your team members as the point of contact for this project. Their name will appear in the template email as the person who the respondents are to contact if necessary.
***
# Viewing a Report
Description: The purpose of this entry in the manual is not to describe the contents of the report; rather, it's to show the functionality of the report. To understand the behavioral aspects, we ask t
#### 1. [Go to Projects | All](https://habitstory.twostory.com/version-test/projects?debug_mode=true)
#### 2. Click on a Project
#### 3. Select the View Icon
#### 4. View each Habit
**Note: Selecting each habit will provide insights in the right information box. The content in of each trait is specific to the respondent.**
#### 5. View the Response Pattern
#### 6. View the Emotional State
***
# Granting view access to Respondents
In this section, you will learn how to grant respondents the necessary access.
### Description:
By following the steps outlined in this guide, you will be able to efficiently and effectively manage the respondent access process. Let's get started! By granting the respondent access, they will have access to their digital report. This access can be revoked at any time.
**Date:** December 27, 2022
**Author:** Bryce Murray
#### 1. Go to Projects | All
#### 2. Click on the desired *Project*
#### 3. Click on edit
#### 4. Click on Allow respondent to view results to grant them access
*Note: If this is selected, you can deselect to remove view access.*
#### 5. Click on Save
# Theory
FAQs surrounding the theory of the Habit Story assessment.
**What are psychometric assessments?**
A psychometric is a tool to measure psychological traits, features, and abilities. These traits may include cognitive skill, personality, communication style preferences, and more. Psychometric assessments come in many forms, but Two Story only uses assessments that are empirically validated and based on research done by academics working in behavioral sciences.
**Have you conducted any validation studies for Habit Story?**
We are in the process of collecting samples for an adverse impact study as well, which we will complete on July 7, 2023.
**Where can I find your adverse impact study?**
The status of our adverse impact study can be found [here](https://docs.twostory.com/habit-story/legal/).
**How long does it take to complete the assessment?**
The assessments take around 30 minutes.
**Those questions were really weird, how do I know they mean something?**
The questions in the Habit Story ask about personal and professional habits. While most workplace instruments only ask about work, the truth is, our workplace habits are transferable to personal habits, and the outcomes impact professional habits and outcomes (and vice versa).
**What is given to the respondent after completing the assessment?**
By default, each employee is given a digital report that represents their unique psychometric profile, and each organization is given the ability to grant any candidates access to their results upon request.
# Application
FAQs surrounding the application of the Habit Story assessment.
**What's the purpose of a psychometric assessment, specifically Habit Story?**
Habit Story measures an individual’s habits and the impact of their habits on overall emotional health. In the context of business, this helps your organization and leadership understand how your behavioral style is likely to play out. This promotes a healthy relationship, environment, and team dynamic for both the organization and the individual.
**How are these assessments used in a business setting?**
Within a business, these assessments may be used to tailor the learning and development of an employee, or they may be used during the hiring process to fill an open position.
**Are there any legal restrictions when using this in business (i.e. Hiring)?**
For good reason, the EEOC have regulations which prohibit disparate treatment and impact based on race, color, religion, sex or national origin. These laws and regulations aim to ensure that every individual is treated with equal opportunity. We ensure that our assessment tools meet these standards by constantly monitoring our assessments and their impact on each of the groups protected by the EEOC.
**How do you use this data?**
This data is shared with you, the person that invited you, and the organization that you either work for or are considering working for. Two Story will analyze your de-identified data in order to better understand how scores translate to specific behaviors displayed in the workplace and improve the actionability for business leaders.
**How do we communicate the results of the assessment?**
Each respondent is given a digital report that represents their unique psychometric profile, and we recommend referring to the insights generated within this report. If there are any questions, comments, or concerns about the content of this report, please contact us as
# Software
FAQs surrounding the application of the Habit Story assessment.
**How can I log into my account?**
If you have been given an account, navigate to the login page where you’ll be prompted to login. If you are in need of an account, contact your company administrator and they will provide you the necessary account information. If you’re a new organization interested in Habit Story, we invite you to contact us.
**How do I reset my password?**
Navigate to the login page, and select “reset my password.” If your email is in the system, you’ll be emailed instructions. If no email address is found, then you will not receive any reset instructions and you should contact us.
**How do I add someone to my account?**
Full instructions view the [product manual](https://docs.twostory.com/habit-story/). A quick overview is provided here. Go to the manage page, and select invite users.
**How do I invite respondents?**
Full instructions view the [product manual](https://docs.twostory.com/habit-story/). A quick overview is provided here. Navigate to a project and select invite respondents.
**How do I change the ownership of my organization?**
To update the group owner of your organization, please contact us at
# Pricing
**Do you offer discounts for purchasing in bulk?**
We do. For more pricing information, please contact
**How much does your assessment cost?**
For pricing information, please contact
# Adverse Impact Study
## Validation
Two Story is committed to diligence and transparency. Our team monitors the reliability and validity of Habit Story with an on-going, statistical analysis of reliability and adverse impact study, analyzing results from individuals that belong to protected categories vs. the majority group categories.
{% hint style="info" %}
The resources below unpack the results from our last analysis conducted in June 2023.
{% endhint %}
### **What is validity?**
Validity refers to the accuracy of the assessment. To measure validity, Two Story analyzes criterion validity via concurrent and predictive validity.
> **Criterion validity explained:** assessment results should be predictive or significantly correlated with evidence of current job performance. To establish concurrent validity, you would measure the test scores and the criterion variable simultaneously (e.g., on the same day).
> **Predictive validity explained:** assessment results should be predictive or significantly correlated with evidence of future job performance To establish predictive validity, you would obtain the test scores at one point in time (e.g., today) and the criterion scores at another point in time (e.g., a month from now).
Conducting an internal review of validity (“local validation”) is the most robust approach for demonstrating validity. If you would like to learn more about Two Story can support your effort to establish criterion validity at your organization, please contact our professional services team at .
### **What are my responsibilities as an employer incorporating psychometric assessments into the employee selection process? What is the purpose of the adverse impact study?**
Based on their interpretation of the 1964 Civil Rights Act Title VII, the U.S. Equal Employment Opportunity Commission (EEOC) states that an employer may not use an employment or hiring practice that disproportionately impacts members of protected categories, including divisions by gender, race, disability or veteran status ([“adverse impact”](https://www.eeoc.gov/laws/guidance/employment-tests-and-selection-procedures#fn1)).
In 1978, five Federal agencies published the Uniform Guidelines on Employee Selection Procedures (UGESP) to provide a uniform set of principles for employee selection decision processes.
These guidelines state that employers should maintain records of employee selection procedures, including the candidate’s sex and ethnic group, and demonstrate that protected categories are hired at a rate that is at least 80% of the majority category ([“the four-fifths rule”](https://www.dol.gov/agencies/ofccp/faqs/employee-selection-procedures)). In the event there is adverse impact, UGESP recommends analyzing the adverse impact of the assessment.
The adverse impact study is designed to augment and support an organization’s internal review of adverse impact within their employee selection process, analyzing differential effects among non-member and [protected groups.](#user-content-fn-1)[^1]
### **What are the results of the Habit Story Adverse Impact Study?**
In mathematical terms, we are analyzing the assessment results to determine whether significant differential effects are present when we consider how the various groups score on the assessments. To align with best practices, laid out by Jacob Cohen in “Statistical Power Analysis of the Behavioral Sciences”, we measure the overlap between two distributions.
### Cohen's Score
The Cohen's d score is calculated with the following formula:
$$d = \frac{{M2 - M1}}{{SD\_{pooled}}}$$
where:
* `M1` is the mean of group 1,
* `M2` is the mean of group 2,
* `SD_{pooled}` is the pooled standard deviation for the two groups.
The pooled standard deviation (`SD_{pooled}`) is calculated as follows:
$$SD\_{pooled} = \sqrt{\frac{{(n1-1)\*SD1^2 + (n2-1)\*SD2^2}}{{n1 + n2 - 2}}}$$
where
* `SD1` is the standard deviation of group 1,
* `SD2` is the standard deviation of group 2,
* `n1` is the size of group 1,
* `n2` is the size of group 2.
This is the formula for an unbiased estimator of the effect size, assuming the two groups have similar variances and the data are normally distributed.
### Habits
Male
Female
Cohen Score
Attend
67.26
55.94
0.59
Enjoy
67.42
60.87
0.39
Resolve
66.13
58.99
0.36
Protect
74.60
69.57
0.29
Deny
37.66
41.88
0.26
Achieve
73.23
69.71
0.23
Respond
55.65
59.13
0.17
Neglect
24.35
27.39
0.16
Dismiss
39.84
37.39
0.15
React
54.84
57.25
0.14
Strain
37.34
39.71
0.11
Blame Shift
40.24
42.61
0.10
Anticipate
61.94
63.62
0.10
Resign
20.00
18.41
0.09
Sabotage
26.29
27.10
0.05
Presume
25.73
26.23
0.03
### Response Pattern
Male
Female
Cohen Score
Persistence
58.71
54.93
0.26
Openness
57.18
56.81
0.02
Decision Speed
73.15
65.80
0.42
### Emotional State
Male
Female
Cohen Score
Emotional Stability
34.27
27.01
0.39
Emotional Intensity
90.44
94.78
0.28
Drain
23.47
30.87
0.30
**How can Two Story support my organization in compliance and validation?**
The team at Two Story makes compliance and validation simple:
* For clients who elect to meet their compliance needs with “other validity studies” (described in [section 60-3.7](https://www.ecfr.gov/current/title-41/subtitle-B/chapter-60/part-60-3)), the Habit Story documentation is updated regularly with the latest results of our on-going reliability and adverse impact results.
* For clients who elect to conduct an internal review of validity (described in [section 60-3.5](https://www.ecfr.gov/current/title-41/subtitle-B/chapter-60/part-60-3)), the Two Story team developed a tool called Performance Story. The predictive analytics within Performance Story execute the predictive validity study on your behalf. It’s simple and easy to get started.
If you have any questions, we invite you to contact us at [support@twostory.com](mailto:habitstory@twostory.com).
[^1]: These guidelines are not a legal opinion. The resources included in this guide are designed to be a resource to augment or support an employer in their internal review of employee selection procedures
# End User License Agreement
ORG
HABIT STORY END USER LICENSE AGREEMENT
This License Agreement (“Agreement”) is a binding agreement between KJG Technology, Inc. dba Two Story (“Two Story”), the channel partner through which End User procured use of the HABIT STORY Software (“Channel Partner”), you (“End User”, “you”) as the end user of the HABIT STORY Software (as hereinafter defined), and Subscriber (as defined herein). KJG Technology, Inc. and End User are each referred to as a “Party” hereunder and together, as the “Parties.”
BY SELECTING “I ACCEPT” BELOW, YOU ARE AGREEING THAT YOUR USE OF THE HABIT STORY SOFTWARE SHALL BE GOVERNED BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT SELECT “I ACCEPT” BELOW AND DO NOT USE THE HABIT STORY SOFTWARE.
Two Story reserves the right to modify this Agreement from time to time upon reasonable notice to you. Your continued use of the HABIT STORY Software after any such modification will constitute acknowledgment and agreement to the Agreement, as amended. Your use of the HABIT STORY Software may be subject to terms and conditions including our fee schedule and privacy policy, available at .
1\. Definitions. As used in this Agreement, the following terms shall have the following meanings when used in initial capital letters:
“Confidential Information” means any information or data disclosed by either party that is marked or otherwise designated as confidential or proprietary or that should otherwise be reasonably understood to be confidential in light of the nature of the information and the circumstances surrounding disclosure, including, but not limited to, any personally identifiable information, Documents, copyright, patent, design right, trade secret, or any other proprietary rights notices relating to the HABIT STORY Software. However, “Confidential Information” will not include any information which (a) is in the public domain through no fault of receiving party; (b) was properly known to receiving party, without restriction, prior to disclosure by the disclosing party; (c) was properly disclosed to receiving party, without restriction, by another person with the legal authority to do so; or (d) is independently developed by the receiving party without use of or reference to the disclosing party’s Confidential Information.
“Documentation” shall mean all documentation provided by Two Story hereunder, including all guides, instructions, HABIT STORY Software registration forms, fee schedules, order forms, or manuals relating to the HABIT STORY Software, Improvements, or support services.
“End Users” shall mean the individual(s) who are authorized to use the HABIT STORY Software under this Agreement and under the HABIT STORY Subscriber Agreement and who have been supplied user identifications and passwords by Two Story (or by Subscriber to the extent authorized by Two Story).
“Improvements” shall mean all customizations, translations, modifications, updates and/or improvements made to the HABIT STORY Software pursuant to this Agreement during the Term.
"HABIT STORY Order” shall mean each and any HABIT STORY order form which sets forth the number of End Users and all License Fees related to such End Users which Subscriber may request user identifications and passwords for.
“HABIT STORY Software” shall mean any and all HABIT STORY software as a service products as well as Documentation, Improvements, and any and all derivative works, bug fixes or updates licensed by Two Story to End User hereunder, including all copies thereof made by End User.
“HABIT STORY Subscriber Agreement” shall mean Two Story’s standard subscriber agreement entered into by an End User as a condition to utilizing the HABIT STORY Software.
“HABIT STORY Subscription Agreement” shall mean Two Story’s standard subscription agreement entered into by a Subscriber as a condition to any End User authorized by such Subscriber utilizing the HABIT STORY Software.
“Hosting Server” shall mean any secure server owned by Two Story and/or a reputable third-party hosting service provider and used by Two Story to provide the HABIT STORY Software.
“Hosted Service” shall mean such access as Two Story shall provide to End User under this Agreement to use the HABIT STORY Software via the Internet.
“End User Data” shall mean, as applicable, Respondent Data and/or Subscriber Data provided by End User.
“Privacy Policy” shall mean Two Story’s privacy policy relating to the HABIT STORY Software, which is found at , as it may be amended from time to time in accordance with the Privacy Policy.
“Respondent” shall mean as follows: (a) if the End User is a party that completes part or all of the data assessment provided as part of the HABIT STORY Software, the End User or (b) if the End User is a Subscriber, any End User whose use is sponsored by, or that agrees to share its Respondent Data with, the Subscriber.
“Respondent Data” shall mean data and information that is uploaded or inputted by Respondent and stored on the Hosting Servers for use in connection with the HABIT STORY Software.
“Subscriber” shall mean a party subscribing to the HABIT STORY Software via a HABIT STORY Subscription Agreement.
“Subscriber Data” shall mean data and information that is uploaded or inputted by Subscriber, and any End User authorized by such Subscriber to utilize the HABIT STORY Software, and stored on the Hosting Servers for use in connection with the HABIT STORY Software.
“System Data” shall mean data collected by Two Story regarding the HABIT STORY Software that may be used to generate logs, statistics and reports regarding the performance, availability, integrity and security of the HABIT STORY Software. System Data shall not include Respondent Data or Subscriber Data.
2\. Ownership of the HABIT STORY Software.
2.1 Proprietary Rights.
2.1.1 The HABIT STORY Software is a trade secret of Two Story, its affiliates and/or its licensors, and is their confidential information. The HABIT STORY Software is protected by United States, and other national and international copyright laws and treaties, as well as other foreign laws and treaties.
2.1.2 As between the parties, End User owns all right, title and interest in and to the End User Data and End User’s Confidential Information, and Two Story exclusively owns all right, title and interest in and to the HABIT STORY Software, System Data, Two Story’s Confidential Information, and any derivative products created by Two Story based on the End User Data.
2.1.3 None of the HABIT STORY Software is being sold. All ownership, license, intellectual property, and other rights and interests in the HABIT STORY Software shall remain solely with Two Story, its affiliates or its licensors. End User and Channel Partner agree to cooperate fully in providing information, completing forms, performing actions and obtaining any necessary signatures or assignments required to enforce Two Story’s rights in the HABIT STORY Software.
2.2 Machine Learning. End User acknowledges that Two Story utilizes machine learning for the purpose of providing and improving the HABIT STORY Software. Notwithstanding anything to the contrary in this Agreement, End User hereby grants Two Story the right to use (during and after the term hereof) Respondent Data to train its algorithms through machine learning techniques and/or manual analysis and adjustments.
3\. HABIT STORY Software License.
3.1 License Grant.
3.1.1 Subject to full payment of the License Fee (if applicable) and the terms and conditions of this Agreement, Two Story hereby grants to End User during the Term a limited, personal, non-exclusive, non-sublicensable, non-transferable license to access and use the HABIT STORY Software for its own internal business purposes. Only End Users will have access to or use of the HABIT STORY Software. Each of End User and Channel Partner shall treat the End User’s unique access credentials to the HABIT STORY Software as confidential and none of the same shall share an End User’s unique access credentials with any party other than the End User. All End Users are bound by the terms and conditions of this License.
3.1.2 The HABIT STORY Software will reside on a Hosting Server and Two Story will provide End User with access to those portions of the Hosted Service designated for End User’s use. Channel Partner shall provide End User with access to the Hosting Server and End User shall be solely responsible for connecting to the Hosting Server (and all third-party fees associated therewith), and End User shall be solely responsible for resolving all issues relating to End User’s computer systems and/or firewall in conjunction therewith.
3.1.3 End User understands and agrees that connections to the Internet are subject to unexpected downtime. Because of the foregoing, and also because the Hosted Services are accessed by End User via the Internet, End User agrees and understands that Two Story shall have no responsibility for downtime due to hardware problems or technical problems relating to the Internet, or downtime experienced due to End User’s Internet service provider.
3.1.4 Two Story may conduct scheduled maintenance on the Hosting Servers or the Hosted Services, resulting in unavailability of the Hosted Services and the HABIT STORY Software for periods of time. Two Story will endeavor to (i) conduct such maintenance during off-peak use hours and (ii) advise users of such maintenance in advance.
3.1.5 Subscriber hereby grants to Two Story a non-exclusive license to use, copy, store, modify and display Subscriber Data solely to the extent necessary to provide the HABIT STORY Software.
3.2 End User Data.
3.2.1 End User warrants that it either owns or has the right to use and license all End User Data as contemplated hereunder, and End User hereby grants to Two Story a perpetual, worldwide, royalty-free, non-exclusive, assignable, and sub-licensable license to use End User Data.
3.2.2 If End User is a Respondent, End User hereby grants to Two Story a perpetual, worldwide, royalty-free, non-exclusive, assignable, and sub-licensable license to; (a) evaluate the Respondent Data; (b) create reports, charts, spreadsheets, analyses, and other derivative works from the Respondent Data (“Two Story Analyses”); and (c) disclose the Respondent Data and/or any Two Story Analyses derived from the Respondent Data to the Subscriber who requested that the Respondent provide the Respondent Data and any other Subscriber designated by Respondent to receive such information. Respondent understands that Two Story may use the Respondent Data to, among other things: (x) improve the efficiency of Two Story’s algorithm or algorithms; (y) when applicable, demonstrate the legal and regulatory compliance of the Two Story Analyses through adverse impact studies and other means; and (z) for commercial purposes as determined in Two Story’s sole discretion. Respondent may opt to restrict the commercial use by Two Story of any Respondent Data that identifies or can reasonably be identified to the Respondent (except as authorized by Respondent through the HABIT STORY Software) by emailing .
3.2.3 At all times Two Story shall use the same standard of care to protect the End User Data as it uses to protect its own confidential information of a similar nature, but not less than a commercially reasonable standard of care.
3.2.4 To the extent Two Story processes any personal information in the provision of the HABIT STORY Software, the privacy policy at (“Privacy Policy”) posted as of the date of the first date of the Term hereunder (and as the Privacy Policy may be updated by Two Story from time to time), is hereby incorporated by reference and shall apply, and the parties agree to comply with the terms of the Privacy Policy.
3.3 End User and Restrictions.
3.3.1 Except as otherwise expressly permitted under this Agreement, End User shall not (i) publish, reproduce and/or otherwise distribute the HABIT STORY Software (including the data contained in the HABIT STORY Software) or any components thereof in any manner (including but not limited to as part of any Internet site), (ii) rent, lease, transfer or otherwise provide access to the HABIT STORY Software (including the data contained in the HABIT STORY Software) or any portion thereof to any third party, (iii) copy, modify, translate, reverse engineer, decompile, disassemble the HABIT STORY Software, or create derivative works based on the HABIT STORY Software (including the data contained in the HABIT STORY Software) or Documentation, (iv) create, or attempt to create, archival or derivative works based on the HABIT STORY Software (including the data contained in the HABIT STORY Software) or any portion thereof, (v) attempt to interfere with the access to the HABIT STORY Software or Hosted Services by others, (vi) attempt to upload viruses or malicious code, or do anything that could disable, overburden, or impair the proper working or appearance of the HABIT STORY Software or Hosted Services, (vii) attempt to access or collect data from the HABIT STORY Software using automated means or access data that End User does not have permission to access (for example, the data of other end users), (viii) use or attempt to use the HABIT STORY Software for any unlawful purpose or in a manner that is violative of any third party’s rights, and/or (ix) request HABIT STORY Software credentials for, or provide HABIT STORY Software credentials to, individuals not employed by End User or individuals that do not have a legitimate business need to access the HABIT STORY Software.
3.3.2 Unless otherwise agreed to in writing by Two Story, the HABIT STORY Software shall be used exclusively for the internal business of the Subscriber which has authorized End User to enter into this Agreement. For the avoidance of doubt, an End User may publish, reproduce and/or otherwise distribute reports generated using the HABIT STORY Software, including the Two Story Analyses, or any components thereof only to other End Users and individuals of End User who have a need to receive such reports and components thereof in the course of their employment. For the avoidance of doubt, a Subscriber may share any Two Story Analyses with a Respondent who is the subject of such Two Story Analyses and the Respondent shall be considered an End User for the purpose of this paragraph. End User shall take all precautions that are reasonably necessary and within its control to prevent access to the HABIT STORY Software or any component thereof by third party using End User’s access credentials and prevent any unauthorized distribution or redistribution of the HABIT STORY Software using End User’s access credentials.
3.3.3 Two Story may suspend access to the HABIT STORY Software if Two Story (i)reasonably believes that there has been unauthorized access to the HABIT STORY Software or a violation of the forgoing restrictions, (ii) detects a security threat to the HABIT STORY Software or Hosted Service, or (iii) otherwise reasonably believes that there is activity that poses a threat to the intellectual property of Two Story or the rights of other Two Story licensees; provided, however, that in such circumstances, Two Story shall immediately notify End User of the action taken by Two Story and the reasons therefore. For the avoidance of doubt, nothing in this Agreement shall preclude a Subscriber from seeking reimbursement for some or all of its License Fees from one or more Respondents.
3.3.4 End User shall not copy, modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on Two Story’s Confidential Information.
4\. License Fees. Each Subscriber shall pay to Two Story the license fees specified in the HABIT STORY Order, without setoff or deduction (the “License Fee”). The HABIT STORY Software license is conditional upon Subscriber making timely and complete payment to Channel Partner, of all License Fees and applicable taxes. All License Fees and applicable taxes due under this Agreement and the HABIT STORY Order shall be payable in US dollars. All applicable taxes shall be borne by Subscriber. Two Story or Channel Partner may each suspend access to the HABIT STORY Software for all End User’s associated with Subscriber account immediately upon notice if Subscriber fails to pay any amounts hereunder at least five (5) days past the applicable due date.
5\. Limited Warranties. Two Story warrants to End User that the HABIT STORY Software delivered to End User under this Agreement will perform substantially in accordance with its accompanying documentation during the Term. Two Story’s entire liability, and End User’s sole remedy against Two Story, for each breach by Two Story of the warranty contained herein shall be limited to requiring Two Story to correct or work around the portion of the HABIT STORY Software giving rise to such breach within a commercially reasonable period of time.
The warranty in this Section 5 shall not apply to any breach caused by: (a) any change to the HABIT STORY Software, except where such changes were made by Two Story in relation to the provision of maintenance and support services; (e) any telecommunications medium used by End User; (f) End User’s own computer system; or (g) failure of End User and/or user to comply with the Documentation. Two Story does not warrant that the HABIT STORY Software is error-free or will operate without interruption.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, EXCEPT FOR THE EXPRESS LIMITED WARRANTIES PROVIDED IN THIS SECTION 5, TWO STORY AND ITS LICENSORS DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES AND CONDITIONS OF EVERY KIND PERTAINING IN ANY WAY TO THE MEDIA OR HABIT STORY SOFTWARE LICENSED BY TWO STORY UNDER THIS AGREEMENT, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW, USAGE OF TRADE, COURSE OF DEALING, CUSTOM, OR OTHERWISE. NEITHER TWO STORY NOR ITS LICENSORS, MAKE ANY REPRESENTATION, NOR PROVIDE ANY WARRANTY OR CONDITION, REGARDING THE ADEQUACY OF THE HABIT STORY SOFTWARE FOR ANY PARTICULAR PURPOSE, OR THE ADEQUACY OF THE HABIT STORY SOFTWARE TO PRODUCE ANY PARTICULAR RESULT. TWO STORY IS NOT RESPONSIBLE FOR THE USE BY ANY END USER OF TWO STORY ANALYSES, INCLUDING ANY DECISIONS MADE BY A SUBSCRIBER AFTER RECEIVING THE TWO STORY ANALYSES. Some jurisdictions do not allow the exclusion of certain implied warranties, limitations on how long an implied warranty may last, or the exclusion or limitation of incidental, consequential, or special damages. If any jurisdiction having applicability to this Agreement does not permit any such exclusion or limitation: (a) each warranty which cannot be excluded shall be limited in time to sixty (60) days from the date of first delivery of the HABIT STORY Software; and (b) Two Story’s total liability to End User for breach of any or all such warranties shall be limited to the amount stated in Section 6 of this Agreement.
6\. LIMITATION OF OVERALL TWO STORY LIABILITY. IN NO EVENT SHALL TWO STORY BE LIABLE OR OBLIGATED TO END USER, SUBSCRIBER, OR ANY AUTHORIZED REVIEWER FOR: (A) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, AGGRAVATED, EXEMPLARY, OR PUNITIVE DAMAGES; OR (B) ANY LOST SALES, LOST REVENUE, LOST PROFITS, LOST DATA, LOST SALARY, LOST WAGES OR OTHER INCOME, OR REPROCUREMENT AMOUNT; EVEN IF TWO STORY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES ARISING AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY CONTAINED HEREIN.
EXCEPT FOR ANY BREACH OF TWO STORY’S OBLIGATIONS RELATING TO CONFIDENTIAL INFORMATION UNDER SECTION 8 AND EXCEPT FOR TWO STORY’S INDEMNIFICATION OBLIGATIONS UNDER SECTION 9, NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, TWO STORY’S TOTAL, CUMULATIVE, AND AGGREGATE LIABILITY AND OBLIGATION TO END USER AND SUBSCRIBER: (A) ARISING UNDER THE PROVISIONS OF THIS AGREEMENT; (B) FOR ANY AND ALL BREACHES BY TWO STORY OF THIS AGREEMENT (INCLUDING FUNDAMENTAL BREACH) OR THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY CONTAINED HEREIN; (C) FOR ANY TERMINATION BY TWO STORY OF THIS AGREEMENT; OR (D) FOR ANY OTHER ACT, OMISSION, OR EVENT RELATED IN ANY WAY TO THIS AGREEMENT; SHALL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS.
7\. Term and Termination. This Agreement will commence on the date hereof and will continue until terminated as provided in the Documentation or as set forth below (“Term”). Two Story may terminate this Agreement for any reason following ten (10) days prior written notice. Any termination of this Agreement shall be without prejudice to each right or remedy which the Two Story may possess against End User under this Agreement, at law, in equity, or otherwise.
Subject to the last sentence of this paragraph, upon any termination or expiration of this Agreement: (a) all licenses granted by Two Story herein shall immediately terminate; (b) End User shall immediately cease all use of the HABIT STORY Software; and (c) End User must either deliver to Two Story or destroy all originals and copies of HABIT STORY Software, Documentation and Two Story Confidential Information in End User’s possession, custody or control. Within fifteen (15) days after such termination, End User must certify in writing to Two Story that all such originals and copies have been so delivered or destroyed. Sections 2, 4, 5, 6, 7, 8, 9, 10, and 11 of this Agreement shall survive any termination of this Agreement. Notwithstanding the foregoing, reports resulting from the use of the HABIT STORY Software will not be required to be destroyed or returned to Two Story by any person possessing the reports at the time of termination as authorized under this Agreement.
8\. Confidentiality. Each Party shall use the other Party’s Confidential Information solely to exercise the Party’s rights or perform its obligations under this Agreement and shall protect the other Party’s Confidential Information from unauthorized use and disclosure using the same degree of care that it uses with respect to its own information of like importance, but no less than a reasonable degree of care. The Party receiving Confidential Information (the “Receiving Party) shall retain the Confidential Information in confidence and shall not disclose Confidential Information to any third party without prior written consent of the Party disclosing the Confidential Information (the “Disclosing Party”). However, the Receiving Party may disclose the Confidential Information to employees, contractors, consultants, and authorized representatives of the Receiving Party who (1) require access to the information to exercise the Party’s rights or perform its obligations under this Agreement, (2) are informed by the Receiving Party of the Receiving Party’s obligations under this Section, and (3) are bound by contract or fiduciary duty to obligations of confidentiality and use restrictions with substantially similar function, purpose, scope, and effect to those of this Section and that are at least as protective of the Confidential Information as this Section. The Receiving Party will be responsible for the breach of this Section (or of such contract or fiduciary duties) by these parties. Notwithstanding the foregoing, a Party may disclose the Confidential Information pursuant to applicable law, regulation or a valid order issued by a court or Governmental Authority of competent jurisdiction, but only after providing written notice to the other Party of its intention to disclose the Confidential Information and providing ten (10) calendar days for to other Party to seek to quash or challenge the obligation to disclose the Confidential Information. If, during the aforementioned ten (10) day period, the other Party commences such legal action as may be necessary to challenge the obligation to disclose the Confidential Information, then the notifying Party shall not disclose the Confidential Information while such challenge is pending.
9\. Indemnification by End User, Subscriber and Channel Partner.
9.1 End User, Subscriber, and Channel Partner, jointly and severally, at its expense, will defend, indemnify, and hold Two Story and its directors, officers, members, employees, agents, and representatives (each, an “Two Story Indemnified Party”) harmless from and against any and all damages (whether ordinary, direct, indirect, incidental, special, consequential, or exemplary), judgments, liabilities, fines, penalties, losses, claims, costs, and expenses including, without limitation, reasonable attorneys’ fees, against the Two Story Indemnified Party which directly relate to a claim, action, suit, or proceeding made or brought against the Two Story Indemnified Party by a third party alleging the infringement or violation of such third party’s registered patent, trade secret, copyright, or trademark by way of Two Story’s use of the Licensee Data.
9.2 End User, Subscriber and Channel Partner, jointly and severally, shall indemnify and hold harmless each Two Story Indemnified Party from and against any and all damages (whether ordinary, direct, indirect, incidental, special, consequential, or exemplary), judgments, liabilities, fines, penalties, losses, claims, costs, and expenses including, without limitation, reasonable attorneys’ fees, against the Two Story Indemnified Party arising from End User’s breach of this Agreement and/or the misuse of the HABIT STORY Software by End User. During the Term and for two (2) years thereafter, End User, Subscriber, and Channel Partner shall each maintain electronic and/or other records sufficient for Two Story to confirm that End User, Subscriber, and Channel Partner have each complied with this Agreement.
10\. Order of Precedence. The HABIT STORY Subscriber Agreement and the HABIT STORY Order contain the complete agreement between Two Story and End User, and no additional or conflicting terms, including this Agreement, will be binding among such parties (except as expressly incorporated in the HABIT STORY Subscriber Agreement or in the HABIT STORY Order). In addition, if the HABIT STORY Subscriber Agreement or the HABIT STORY Order conflicts with any term or condition in this Agreement, then the HABIT STORY Subscriber Agreement and the HABIT STORY Order will control in that order of precedence.
11\. Miscellaneous Provisions. Two Story and End User are independent of the other. Neither Two Story nor End User shall have any authority to bind the other in any manner. This Agreement may be assigned by Two Story to an affiliate of Two Story or to a successor-in-interest/title of Two Story without consent. This Agreement shall not be assigned by End User, in whole or in part, without Two Story’s prior written consent. The Parties agree that the Uniform Computer Information Transactions Act, or any version thereof, adopted by any state located in the United States, in any form (“UCITA”) shall not apply to this Agreement. To the extent that UCITA is applicable, the Parties agree to opt out of the applicability of UCITA pursuant to the opt-out provisions contained therein. This Agreement shall be governed by the laws of the State of Delaware, excluding its conflicts or choice of law rules. For all disputes arising from this Agreement the Parties submit to the exclusive jurisdiction and venue of the courts of the State of Missouri. If Two Story commences any litigation or proceeding against any other Party related to this Agreement, Two Story shall be entitled to an award of its reasonable attorney’s fees and court costs. Except for payment obligations (including License Fees, maintenance and support fees, and applicable taxes) or any obligations relating to the protection of or restrictions applicable to the other Party’s confidential information or intellectual property, neither Party shall be liable to the other or be in breach of this Agreement due to any failure or delay in performance of its obligations to the extent the failure or delay arises (and only for the duration that the affected Party is precluded from performing) as a result of acts of God, fire, global or national pandemics, disaster, explosion, vandalism, storm, adverse weather conditions, strikes, labor disputes or disruptions, epidemics, wars, national emergencies, riots, civil disturbances, shortages of materials, actions or inactions of government authorities, terrorist acts, lockout, work stoppages or other labor difficulties, border delays, failures or interruptions of utilities or telecommunications equipment or services, system failures or any other cause that is beyond the reasonable control of that Party. Should any provision of this Agreement be deemed contrary to applicable law or unenforceable by any court of competent jurisdiction, the provision shall be considered severed from this Agreement but all remaining provisions shall continue in full force. End User acknowledges that HABIT STORY Software is subject to U.S., foreign, and international export control, import, and economic sanctions laws and regulations and agrees to comply with all such applicable laws and regulations, which may include, but is not limited to, the U.S. Export Administration Regulations (“EAR”) and regulations promulgated by the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”). End User represents and warrants that it is eligible to receive exports from the United States and that it is not designated on any of the various U.S. government lists of sanctioned/denied parties, nor is End User (if End User is not an individual) 50% or more directly or indirectly owned, in the aggregate, by one or more individuals or entities identified on any of the U.S. government sanctioned/denied parties lists. End User also specifically agrees not to, directly or indirectly, export, reexport, transfer, or otherwise allow access to or use of HABIT STORY Software to, in, by, or for any country/region subject to U.S. embargo or sanctions, any U.S. sanctioned or denied person or entity, or any prohibited end-use under U.S. law without authorization from the U.S. government. It is the sole responsibility of End User to obtain any required licenses or other authorizations to export, reexport, transfer, or import HABIT STORY Software. This Agreement, together with any Documentation, sets forth the entire agreement between Two Story and End User with respect to the subject matter hereof, and supersedes all prior related oral and written agreements and understandings between the Parties. Neither Party is bound by or is liable for any alleged representation, promise, or inducement not expressly stated in this Agreement. No term of this Agreement is intended to confer a benefit on, or to be enforceable by, any person or entity who is not a Party to this Agreement. The Parties acknowledge and agree that each has had an opportunity for legal review of all terms of this Agreement. The Parties therefore agree that, in interpreting any issues which may arise, any rules of construction related to who prepared the Agreement shall be inapplicable, each Party having contributed or having had the opportunity to clarify any issue. In addition, the headings used in this Agreement are for convenience only and do not in any way limit or otherwise affect the meaning of any terms of this Agreement. Notice to Two Story hereunder must be given in writing to the address below and is deemed effective when sent via Federal Express or other commercial courier. Notice to End User hereunder shall be deemed effective when sent to the address specified on your registration form.
# End User License Agreement v2
CONSUMER
**HABIT STORY END USER LICENSE AGREEMENT v2**
This License Agreement (**“Agreement”**) is a binding agreement between KJG Technology, Inc. dba Two Story (**“Two Story”**) and you (**“End User”, “you”**) as the end user of the HABIT STORY Software (as hereinafter defined). KJG Technology, Inc. and End User are each referred to as a “Party” hereunder and together, as the **“Parties.”**
**BY SELECTING “I ACCEPT” BELOW, YOU ARE AGREEING THAT YOUR USE OF THE HABIT STORY SOFTWARE SHALL BE GOVERNED BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT SELECT “I ACCEPT” BELOW AND DO NOT USE THE HABIT STORY SOFTWARE.**
Two Story reserves the right to modify this Agreement from time to time upon reasonable notice to you. Your continued use of the HABIT STORY Software after any such modification will constitute acknowledgment and agreement to the Agreement, as amended. Your use of the HABIT STORY Software may be subject to terms and conditions including our fee schedule and privacy policy, available at .
1\. **Definitions.** As used in this Agreement, the following terms shall have the following meanings when used in initial capital letters:
**“Confidential Information”** means any information or data disclosed by either party that is marked or otherwise designated as confidential or proprietary or that should otherwise be reasonably understood to be confidential in light of the nature of the information and the circumstances surrounding disclosure, including, but not limited to, any personally identifiable information, Documents, copyright, patent, design right, trade secret, or any other proprietary rights notices relating to the HABIT STORY Software. However, “Confidential Information” will not include any information which (a) is in the public domain through no fault of receiving party; (b) was properly known to receiving party, without restriction, prior to disclosure by the disclosing party; (c) was properly disclosed to receiving party, without restriction, by another person with the legal authority to do so; or (d) is independently developed by the receiving party without use of or reference to the disclosing party’s Confidential Information.
**“Documentation”** shall mean all documentation provided by Two Story hereunder, including all guides, instructions, HABIT STORY Software registration forms, fee schedules, order forms, or manuals relating to the HABIT STORY Software, Improvements, or support services.
**“End Users”** shall mean the individual(s) who are authorized to use the HABIT STORY Software under this Agreement and who have been supplied user identifications and passwords by Two Story.
**“Improvements”** shall mean all customizations, translations, modifications, updates and/or improvements made to the HABIT STORY Software pursuant to this Agreement.
**“HABIT STORY Software”** shall mean any and all HABIT STORY software as a service products as well as Documentation, Improvements, and any and all derivative works, bug fixes or updates licensed by Two Story to End User hereunder, including all copies thereof made by End User.
**“Hosting Server”** shall mean any secure server owned by Two Story and/or a reputable third-party hosting service provider and used by Two Story to provide the HABIT STORY Software.
**“Hosted Service”** shall mean such access as Two Story shall provide to End User under this Agreement to use the HABIT STORY Software via the Internet.
**“End User Data”** shall mean, as applicable, Respondent Data provided by End User.
**“Privacy Policy”** shall mean Two Story’s privacy policy relating to the HABIT STORY Software, which is found at , as it may be amended from time to time in accordance with the Privacy Policy.
**“Respondent”** shall mean the End User that completes part or all of the data assessment provided as part of the HABIT STORY Software.
**“Respondent Data”** shall mean data and information that is uploaded or inputted by Respondent and stored on the Hosting Servers for use in connection with the HABIT STORY Software.
**“System Data”** shall mean data collected by Two Story regarding the HABIT STORY Software that may be used to generate logs, statistics and reports regarding the performance, availability, integrity and security of the HABIT STORY Software. System Data shall not include Respondent Data.
**2. Ownership of the HABIT STORY Software.**
2.1 **Proprietary Rights.**
2.1.1 The HABIT STORY Software is a trade secret of Two Story, its affiliates and/or its licensors, and is their confidential information. The HABIT STORY Software is protected by United States, and other national and international copyright laws and treaties, as well as other foreign laws and treaties.
2.1.2 As between the parties, End User owns all right, title and interest in and to the End User Data and End User’s Confidential Information, and Two Story exclusively owns all right, title and interest in and to the HABIT STORY Software, System Data, Two Story’s Confidential Information, and any derivative products created by Two Story based on the End User Data.
2.1.3 None of the HABIT STORY Software is being sold. All ownership, license, intellectual property, and other rights and interests in the HABIT STORY Software shall remain solely with Two Story, its affiliates or its licensors. End User agrees to cooperate fully in providing information, completing forms, performing actions and obtaining any necessary signatures or assignments required to enforce Two Story’s rights in the HABIT STORY Software.
2.2 **Machine Learning.** End User acknowledges that Two Story utilizes machine learning for the purpose of providing and improving the HABIT STORY Software. Notwithstanding anything to the contrary in this Agreement, End User hereby grants Two Story the right to use (during and after the term hereof) Respondent Data to train its algorithms through machine learning techniques and/or manual analysis and adjustments.
**3. HABIT STORY Software License.**
3.1 **License Grant.**
3.1.1 Subject to the terms and conditions of this Agreement, Two Story hereby grants to End User a limited, personal, non-exclusive, non-sublicensable, non-transferable license to access and use the HABIT STORY Software for its own purposes. Only End User will have access to or use of the HABIT STORY Software. Each End User shall treat the End User’s unique access credentials to the HABIT STORY Software as confidential and none of the same shall share an End User’s unique access credentials with any party other than the End User.
3.1.2 End User acknowledges and agrees that the license granted pursuant to Section 3.1.1. shall be limited to the access and use of the HABIT STORY Software. Access to any reports or other deliverables generated by the HABIT STORY Software, such access, reports, and other deliverables being provided on a limited, personal, non-exclusive, non-sublicensable, non-transferable basis, are subject to End User’s full payment of the License Fee. End User is bound by the terms and conditions of the licenses described in Section 3.1.1 and 3.1.2.
3.1.3 The HABIT STORY Software will reside on a Hosting Server and Two Story will provide End User with access the Hosted Service. End User shall be solely responsible for connecting to the Hosting Server and for resolving all issues relating to End User’s computer systems and/or firewall in conjunction therewith.
3.1.4 End User understands and agrees that connections to the Internet are subject to unexpected downtime. Because of the foregoing, and also because the Hosted Services are accessed by End User via the Internet, End User agrees and understands that Two Story shall have no responsibility for downtime due to hardware problems or technical problems relating to the Internet, or downtime experienced due to End User’s Internet service provider.
3.1.5 Two Story may conduct scheduled maintenance on the Hosting Servers or the Hosted Services, resulting in unavailability of the Hosted Services and the HABIT STORY Software for periods of time. Two Story will endeavor to (i) conduct such maintenance during off-peak use hours.
3.2 **End User Data.**
3.2.1 End User warrants that it either owns or has the right to use and license all End User Data as contemplated hereunder, and End User hereby grants to Two Story a perpetual, worldwide, royalty-free, non-exclusive, assignable, and sub-licensable license to use End User Data.
3.2.2 End User hereby grants to Two Story a perpetual, worldwide, royalty-free, non-exclusive, assignable, and sub-licensable license to; (a) evaluate the Respondent Data; and (b) create reports, charts, spreadsheets, analyses, and other derivative works from the Respondent Data (“Two Story Analyses”). Respondent understands that Two Story may use the Respondent Data to, among other things: (x) improve the efficiency of Two Story’s algorithm or algorithms; (y) when applicable, demonstrate the legal and regulatory compliance of the Two Story Analyses through adverse impact studies and other means; and (z) for commercial purposes as determined in Two Story’s sole discretion. Respondent may opt to restrict the commercial use by Two Story of any Respondent Data that identifies or can reasonably be identified to the Respondent (except as authorized by Respondent through the HABIT STORY Software) by emailing .
3.2.3 At all times Two Story shall use the same standard of care to protect the End User Data as it uses to protect its own confidential information of a similar nature, but not less than a commercially reasonable standard of care.
3.2.4 To the extent Two Story processes any personal information in the provision of the HABIT STORY Software, the privacy policy at (“Privacy Policy”) (and as the Privacy Policy may be updated by Two Story from time to time) is hereby incorporated by reference and shall apply, and the parties agree to comply with the terms of the Privacy Policy.
3.3 End User and Restrictions.
3.3.1 Except as otherwise expressly permitted under this Agreement, End User shall not (i) publish, reproduce and/or otherwise distribute the HABIT STORY Software (including the data contained in the HABIT STORY Software) or any components thereof in any manner (including but not limited to as part of any Internet site), (ii) rent, lease, transfer or otherwise provide access to the HABIT STORY Software (including the data contained in the HABIT STORY Software) or any portion thereof to any third party, (iii) copy, modify, translate, reverse engineer, decompile, disassemble the HABIT STORY Software, or create derivative works based on the HABIT STORY Software (including the data contained in the HABIT STORY Software) or Documentation, (iv) create, or attempt to create, archival or derivative works based on the HABIT STORY Software (including the data contained in the HABIT STORY Software) or any portion thereof, (v) attempt to interfere with the access to the HABIT STORY Software or Hosted Services by others, (vi) attempt to upload viruses or malicious code, or do anything that could disable, overburden, or impair the proper working or appearance of the HABIT STORY Software or Hosted Services, (vii) attempt to access or collect data from the HABIT STORY Software using automated means or access data that End User does not have permission to access (for example, the data of other end users), (viii) use or attempt to use the HABIT STORY Software for any unlawful purpose or in a manner that is violative of any third party’s rights, and/or (ix) request HABIT STORY Software credentials for, or provide HABIT STORY Software credentials to, individuals not employed by End User or individuals that do not have a legitimate business need to access the HABIT STORY Software.
3.3.2 End User shall take all precautions that are reasonably necessary and within its control to prevent access to the HABIT STORY Software or any component thereof by third party using End User’s access credentials and prevent any unauthorized distribution or redistribution of the HABIT STORY Software using End User’s access credentials.
3.3.3 Two Story may suspend access to the HABIT STORY Software if Two Story (i)reasonably believes that there has been unauthorized access to the HABIT STORY Software or a violation of the forgoing restrictions, (ii) detects a security threat to the HABIT STORY Software or Hosted Service, or (iii) otherwise reasonably believes that there is activity that poses a threat to the intellectual property of Two Story or the rights of other Two Story licensees; provided, however, that in such circumstances, Two Story shall immediately notify End User of the action taken by Two Story and the reasons therefore.
3.3.4 End User shall not copy, modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on Two Story’s Confidential Information.
**4. License Fees.** End User shall pay to Two Story the license fee specified on the website, without setoff or deduction (the “License Fee”). The HABIT STORY Software licenses described in this Agreement is conditional upon End User completing payment to Two Story, of all License Fees and applicable taxes. All License Fees and applicable taxes shall be payable in US dollars.
5\. Limited Warranties. Two Story warrants to End User that the HABIT STORY Software delivered to End User under this Agreement will perform substantially in accordance with its accompanying documentation. Two Story’s entire liability, and End User’s sole remedy against Two Story, for each breach by Two Story of the warranty contained herein shall be limited to requiring Two Story to correct or work around the portion of the HABIT STORY Software giving rise to such breach within a commercially reasonable period of time.
The warranty in this Section 5 shall not apply to any breach caused by: (a) any change to the HABIT STORY Software, except where such changes were made by Two Story in relation to the provision of maintenance and support services; (e) any telecommunications medium used by End User; (f) End User’s own computer system; or (g) failure of End User and/or user to comply with the Documentation. Two Story does not warrant that the HABIT STORY Software is error-free or will operate without interruption.
**TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, EXCEPT FOR THE EXPRESS LIMITED WARRANTIES PROVIDED IN THIS SECTION 5, TWO STORY AND ITS LICENSORS DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES AND CONDITIONS OF EVERY KIND PERTAINING IN ANY WAY TO THE MEDIA OR HABIT STORY SOFTWARE LICENSED BY TWO STORY UNDER THIS AGREEMENT, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW, USAGE OF TRADE, COURSE OF DEALING, CUSTOM, OR OTHERWISE. NEITHER TWO STORY NOR ITS LICENSORS, MAKE ANY REPRESENTATION, NOR PROVIDE ANY WARRANTY OR CONDITION, REGARDING THE ADEQUACY OF THE HABIT STORY SOFTWARE FOR ANY PARTICULAR PURPOSE, OR THE ADEQUACY OF THE HABIT STORY SOFTWARE TO PRODUCE ANY PARTICULAR RESULT. TWO STORY IS NOT RESPONSIBLE FOR THE USE BY ANY END USER OF TWO STORY ANALYSES. Some jurisdictions do not allow the exclusion of certain implied warranties, limitations on how long an implied warranty may last, or the exclusion or limitation of incidental, consequential, or special damages. If any jurisdiction having applicability to this Agreement does not permit any such exclusion or limitation: (a) each warranty which cannot be excluded shall be limited in time to sixty (60) days from the date of first delivery of the HABIT STORY Software; and (b) Two Story’s total liability to End User for breach of any or all such warranties shall be limited to the amount stated in Section 6 of this Agreement.**
**6. LIMITATION OF OVERALL TWO STORY LIABILITY. IN NO EVENT SHALL TWO STORY BE LIABLE OR OBLIGATED TO END USER FOR: (A) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, AGGRAVATED, EXEMPLARY, OR PUNITIVE DAMAGES; OR (B) ANY LOST SALES, LOST REVENUE, LOST PROFITS, LOST DATA, LOST SALARY, LOST WAGES OR OTHER INCOME, OR REPROCUREMENT AMOUNT; EVEN IF TWO STORY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES ARISING AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY CONTAINED HEREIN.**
**TWO STORY’S TOTAL, CUMULATIVE, AND AGGREGATE LIABILITY AND OBLIGATION TO END USER: (A) ARISING UNDER THE PROVISIONS OF THIS AGREEMENT; (B) FOR ANY AND ALL BREACHES BY TWO STORY OF THIS AGREEMENT (INCLUDING FUNDAMENTAL BREACH) OR THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY CONTAINED HEREIN; (C) FOR ANY TERMINATION BY TWO STORY OF THIS AGREEMENT; OR (D) FOR ANY OTHER ACT, OMISSION, OR EVENT RELATED IN ANY WAY TO THIS AGREEMENT; SHALL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS.**
7\. **Term and Termination.** This Agreement will commence on the date hereof and will continue until terminated as provided in the Documentation or as set forth below (“Term”). Two Story may terminate this Agreement for any reason following ten (10) days prior written notice. Any termination of this Agreement shall be without prejudice to each right or remedy which the Two Story may possess against End User under this Agreement, at law, in equity, or otherwise.
Subject to the last sentence of this paragraph, upon any termination or expiration of this Agreement: (a) all licenses granted by Two Story herein shall immediately terminate; (b) End User shall immediately cease all use of the HABIT STORY Software; and (c) End User must either deliver to Two Story or destroy all originals and copies of HABIT STORY Software, Documentation and Two Story Confidential Information in End User’s possession, custody or control. Within fifteen (15) days after such termination, End User must certify in writing to Two Story that all such originals and copies have been so delivered or destroyed. Sections 2, 4, 5, 6, 7, 8, 9, 10, and 11 of this Agreement shall survive any termination of this Agreement. Notwithstanding the foregoing, reports resulting from the use of the HABIT STORY Software will not be required to be destroyed or returned to Two Story by any person possessing the reports at the time of termination as authorized under this Agreement.
8\. **Confidentiality.** Each Party shall use the other Party’s Confidential Information solely to exercise the Party’s rights or perform its obligations under this Agreement and shall protect the other Party’s Confidential Information from unauthorized use and disclosure using the same degree of care that it uses with respect to its own information of like importance, but no less than a reasonable degree of care. The Party receiving Confidential Information (the “Receiving Party) shall retain the Confidential Information in confidence and shall not disclose Confidential Information to any third party without prior written consent of the Party disclosing the Confidential Information (the “Disclosing Party”). However, the Receiving Party may disclose the Confidential Information to employees, contractors, consultants, and authorized representatives of the Receiving Party who (1) require access to the information to exercise the Party’s rights or perform its obligations under this Agreement, (2) are informed by the Receiving Party of the Receiving Party’s obligations under this Section, and (3) are bound by contract or fiduciary duty to obligations of confidentiality and use restrictions with substantially similar function, purpose, scope, and effect to those of this Section and that are at least as protective of the Confidential Information as this Section. The Receiving Party will be responsible for the breach of this Section (or of such contract or fiduciary duties) by these parties. Notwithstanding the foregoing, a Party may disclose the Confidential Information pursuant to applicable law, regulation or a valid order issued by a court or Governmental Authority of competent jurisdiction, but only after providing written notice to the other Party of its intention to disclose the Confidential Information and providing ten (10) calendar days for to other Party to seek to quash or challenge the obligation to disclose the Confidential Information. If, during the aforementioned ten (10) day period, the other Party commences such legal action as may be necessary to challenge the obligation to disclose the Confidential Information, then the notifying Party shall not disclose the Confidential Information while such challenge is pending.
9\. **Indemnification by End User.** End User at its expense, will defend, indemnify, and hold Two Story and its directors, officers, members, employees, agents, and representatives (each, an “Two Story Indemnified Party”) harmless from and against any and all damages (whether ordinary, direct, indirect, incidental, special, consequential, or exemplary), judgments, liabilities, fines, penalties, losses, claims, costs, and expenses including, without limitation, reasonable attorneys’ fees, against the Two Story Indemnified Party (a) which directly relate to a claim, action, suit, or proceeding made or brought against the Two Story Indemnified Party by a third party alleging the infringement or violation of such third party’s registered patent, trade secret, copyright, or trademark by way of Two Story’s use of the Licensee Data or (b) arising from End User’s breach of this Agreement and/or the misuse of the HABIT STORY Software by End User.
10\. **Miscellaneous Provisions.** Two Story and End User are independent of the other. Neither Two Story nor End User shall have any authority to bind the other in any manner. This Agreement may be assigned by Two Story to an affiliate of Two Story or to a successor-in-interest/title of Two Story without consent. This Agreement shall not be assigned by End User, in whole or in part, without Two Story’s prior written consent. The Parties agree that the Uniform Computer Information Transactions Act, or any version thereof, adopted by any state located in the United States, in any form (“UCITA”) shall not apply to this Agreement. To the extent that UCITA is applicable, the Parties agree to opt out of the applicability of UCITA pursuant to the opt-out provisions contained therein. This Agreement shall be governed by the laws of the State of Delaware, excluding its conflicts or choice of law rules. For all disputes arising from this Agreement the Parties submit to the exclusive jurisdiction and venue of the courts of the State of Missouri. If Two Story commences any litigation or proceeding against any other Party related to this Agreement, Two Story shall be entitled to an award of its reasonable attorney’s fees and court costs. Two Story shall not be liable to End User or be in breach of this Agreement due to any failure or delay in performance of Two Story’s obligations to the extent the failure or delay arises as a result of acts of God, fire, global or national pandemics, disaster, explosion, vandalism, storm, adverse weather conditions, strikes, labor disputes or disruptions, epidemics, wars, national emergencies, riots, civil disturbances, shortages of materials, actions or inactions of government authorities, terrorist acts, lockout, work stoppages or other labor difficulties, border delays, failures or interruptions of utilities or telecommunications equipment or services, system failures or any other cause that is beyond the reasonable control of Two Story. Should any provision of this Agreement be deemed contrary to applicable law or unenforceable by any court of competent jurisdiction, the provision shall be considered severed from this Agreement but all remaining provisions shall continue in full force. End User acknowledges that HABIT STORY Software is subject to U.S., foreign, and international export control, import, and economic sanctions laws and regulations and agrees to comply with all such applicable laws and regulations, which may include, but is not limited to, the U.S. Export Administration Regulations (“EAR”) and regulations promulgated by the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”). End User represents and warrants that it is eligible to receive exports from the United States and that it is not designated on any of the various U.S. government lists of sanctioned/denied parties, nor is End User (if End User is not an individual) 50% or more directly or indirectly owned, in the aggregate, by one or more individuals or entities identified on any of the U.S. government sanctioned/denied parties lists. End User also specifically agrees not to, directly or indirectly, export, reexport, transfer, or otherwise allow access to or use of HABIT STORY Software to, in, by, or for any country/region subject to U.S. embargo or sanctions, any U.S. sanctioned or denied person or entity, or any prohibited end-use under U.S. law without authorization from the U.S. government. It is the sole responsibility of End User to obtain any required licenses or other authorizations to export, reexport, transfer, or import HABIT STORY Software. This Agreement, together with any Documentation, sets forth the entire agreement between Two Story and End User with respect to the subject matter hereof, and supersedes all prior related oral and written agreements and understandings between the Parties. Neither Party is bound by or is liable for any alleged representation, promise, or inducement not expressly stated in this Agreement. No term of this Agreement is intended to confer a benefit on, or to be enforceable by, any person or entity who is not a Party to this Agreement. The Parties acknowledge and agree that each has had an opportunity for legal review of all terms of this Agreement. The Parties therefore agree that, in interpreting any issues which may arise, any rules of construction related to who prepared the Agreement shall be inapplicable, each Party having contributed or having had the opportunity to clarify any issue. In addition, the headings used in this Agreement are for convenience only and do not in any way limit or otherwise affect the meaning of any terms of this Agreement. Notice to Two Story hereunder must be given in writing to the address below and is deemed effective when sent via Federal Express or other commercial courier. Notice to End User hereunder shall be deemed effective when sent to the address specified on your registration form.
# Subscription Agreement
HABIT STORY SUBSCRIPTION AGREEMENT
This Subscription Agreement (“Agreement”), a binding agreement between KJG Technology, Inc. dba Two Story (“Two Story”), and you (“Subscriber”). Two Story and Subscriber are each referred to as a “Party” hereunder and together, as the “Parties.” Subscriber is an organization or distribution partner that uses behavioral assessments to evaluate its personnel and prospective personnel for certain business and character attributes in hiring and/or professional development. Two Story is in the business of, among other things, providing the HABIT STORY Product to its customers on a subscription basis to allow subscribers to review results of a proprietary assessment of certain business and character attributes. Subscriber desires to utilize the HABIT STORY Product as a tool to facilitate the evaluation of personnel and of prospective candidates by Subscriber, its members, and its and their affiliates. The Parties therefore agree as follows:
1. Definitions. As used in this Agreement, the following terms shall have the following meanings when used in initial capital letters: “Confidential Information” means any information or data disclosed by either Party that is marked or otherwise designated as confidential or proprietary or that should otherwise be reasonably understood to be confidential in light of the nature of the information and the circumstances surrounding disclosure. Subscriber’s Confidential Information shall include Subscriber Data. However, “Confidential Information” will not include any information which (a) is in the public domain through no fault of receiving party; (b) was properly known to receiving party, without restriction, prior to disclosure by the disclosing party; (c) was properly disclosed to receiving party, without restriction, by another person with the legal authority to do so; or (d) is independently developed by the receiving party without use of or reference to the disclosing party’s Confidential Information. “Documentation” shall mean all documentation provided by Two Story hereunder, including all guides, instructions, HABIT STORY Product registration forms, fee schedules, order forms, or manuals relating to the HABIT STORY Product, Improvements, or support services. “End Users” shall mean individuals who are authorized to use the HABIT STORY Product under this Agreement and under the HABIT STORY Product End User License Agreement and who have been supplied user identifications and passwords by Two Story (or by Subscriber to the extent authorized by Two Story). “HABIT STORY Order” shall mean a written or electronic order of the HABIT STORY Product submitted to Two Story by Subscriber, which shall contain terms relating to the License Fee and the Term and may contain other terms and conditions as may be agreed upon by the Parties. “HABIT STORY Product” shall mean any and all HABIT STORY software-as-a-service products as well as Documentation, Improvements, and any and all derivative works, bug fixes or updates licensed by Two Story to Subscriber hereunder, including all copies thereof made by Subscriber or End Users. “HABIT STORY Product End User License Agreement” shall mean Two Story’s standard end user license agreement entered into by End Users as a condition to accessing and using the HABIT STORY Product. “Hosting Server” shall mean any secure server owned by Two Story and/or a reputable third-party hosting service provider and used by Two Story to provide the HABIT STORY Product. “Hosted Service” shall mean such access as Two Story shall provide to Subscriber or to End Users under this Agreement to use the HABIT STORY Product via the Internet. “Improvements” shall mean all customizations, translations, modifications, updates and/or improvements made to the HABIT STORY Product pursuant to this Agreement during the Term. “Licensee Data” shall mean, as applicable, Respondent Data and/or Subscriber Data provided by Subscriber or End Users.
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“Permitted Users” shall mean (1) the Subscriber and its members, and their respective shareholders, directors, members, managers, officers, and employees; (2) any entity of which any of the persons enumerated in clause (1) holds a current or prospective ownership interest along with such entity’s shareholders, directors, members, managers, officers, and employees; and (3) each Respondent; each of which are End Users designated by Subscriber under this Agreement and provided with a unique login identification and password to access the HABIT STORY Product, which is confidential and may not be shared with anyone. For the avoidance of doubt, each Respondent shall be considered a separate licensee notwithstanding the fact that the Respondent is using the HABIT STORY Product at the request of Subscriber and will enter into the HABIT STORY Product End User License Agreement as a condition to using the HABIT STORY Product. “Privacy Policy” shall mean Two Story’s privacy policy relating to the HABIT STORY Product, which is found at , as it may be amended from time to time in accordance with the Privacy Policy. “Respondent” shall mean any End User whose use of the HABIT STORY Product is sponsored by, or that agrees to share its Respondent Data with, Subscriber. “Respondent Data” shall mean data and information that is uploaded or inputted by Respondent and stored on the Hosting Servers for use in connection with the HABIT STORY Product. ”Subscriber Data” shall mean data and information that is uploaded or inputted by Subscriber and stored on the Hosting Servers for use in connection with the HABIT STORY Product. “System Data” shall mean data collected by Two Story regarding the HABIT STORY Product that may be used to generate logs, statistics and reports regarding the performance, availability, integrity and security of the HABIT STORY Product. System Data shall not include Respondent Data or Subscriber Data. 2. Ownership of the HABIT STORY Product. 2.1 Proprietary Rights. 2.1.1 The HABIT STORY Product is a trade secret of Two Story, its affiliates and/or its licensors, and is their confidential information. The HABIT STORY Product is protected by United States, and other national and international copyright laws and treaties, as well as other foreign laws and treaties.
2.1.2 As between the Parties, Subscriber owns all right, title and interest in and to the Subscriber Data and Subscriber’s Confidential Information, and Two Story exclusively owns all right, title and interest in and to the HABIT STORY Product, System Data, Two Story’s Confidential Information, and any derivative products created by Two Story.
2.1.3 None of the HABIT STORY Product is being sold. All ownership, license, intellectual property, and other rights and interests in the HABIT STORY Product shall remain solely with Two Story, its affiliates or its licensors. 2.2 Machine Learning. Subscriber acknowledges that Two Story utilizes machine learning for the purpose of providing and improving the HABIT STORY Product and that Two Story will use (during and after the term hereof) Respondent Data to train its algorithms through machine learning techniques and/or manual analysis and adjustments in accordance with the HABIT STORY Product End User License Agreement. 3. HABIT STORY Product License. 3.1 License Grant. 3.1.1 Subject to full payment of the License Fee (if applicable) and the terms and conditions of this Agreement, Two Story hereby grants to Subscriber and the Permitted Users during the Term a limited, non-exclusive, non-transferable license to access and use the HABIT STORY Product for the purpose for which it is made available to Subscriber and the Permitted Users and otherwise in accordance with the terms of this Agreement. Only Subscriber and the Permitted Users will have access to or use of the HABIT STORY Product. All of the Permitted Users will be bound by the terms and conditions of the HABIT STORY Product End User License Agreement. Notwithstanding the foregoing, Subscriber may share reports generated by use of the HABIT STORY Product by Subscriber and the Permitted Users with the members,
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managers, shareholders, directors, officers, employees, representatives, consultants, contractors, or agents of Subscriber, its members, and its and their affiliates and prospective affiliates (each an “Authorized Reviewer”).
3.1.2 The HABIT STORY Product will reside on a Hosting Server and Two Story will provide Subscriber and the Permitted Users with access to those portions of the Hosted Service designated for Subscriber’s and the Permitted Users’ use. Subscriber and the Permitted Users shall be solely responsible for connecting to the Hosting Server (and all third-party fees associated therewith), and Subscriber and the Permitted Users shall be solely responsible for resolving all issues relating to its and their computer systems and/or firewall in conjunction therewith.
3.1.3 Subscriber understands and agrees that connections to the Internet are subject to unexpected downtime. Because of the foregoing, and also because the Hosted Services are accessed by Subscriber and the Permitted Users via the Internet, Subscriber agrees and understands that Two Story shall have no responsibility for downtime due to hardware problems or technical problems relating to the Internet, or downtime experienced due to Subscribers or the Permitted Users’ Internet service provider.
3.1.4 Two Story may conduct scheduled maintenance on the Hosting Servers or the Hosted Services, resulting in unavailability of the Hosted Services and the HABIT STORY Product for periods of time. Two Story will endeavor to (i) conduct such maintenance during off-peak use hours and (ii) advise users of such maintenance in advance. 3.1.5 Subscriber hereby grants to Two Story a non-exclusive license to use, copy, store, modify and
display Subscriber Data solely to the extent necessary to provide the HABIT STORY Product. 3.2 Licensee Data. 3.2.1 Subscriber understands that, under the HABIT STORY Product End User License Agreement, Respondents will provide a license to Two Story to; (a) evaluate the Respondent Data; (b) create reports, charts, spreadsheets, analyses, and other derivative works from the Respondent Data (“Two Story Analyses”); and (c) disclose the Respondent Data and/or any Two Story Analyses derived from the Respondent Data to Subscriber and that Two Story will be permitted to use the Respondent Data to, among other things: (x) improve the efficiency of Two Story’s algorithm or algorithms; (b) demonstrate the fairness of the Two Story Analyses through adverse impact studies and other means; and (c) for commercial purposes as determined in Two Story’s sole discretion and as permitted in the HABIT STORY Product End User License Agreement and the Privacy Policy. Subscriber understands that Respondent may opt to restrict the commercial use by Two Story of any Respondent Data that identifies or can reasonably be identified to the Respondent (except as authorized by Respondent through the HABIT STORY Product) by emailing .
3.2.2 At all times Two Story shall use the same standard of care to protect the Licensee Data as it uses to protect its own confidential information of a similar nature, but not less than a commercially reasonable standard of care. At all times Two Story shall handle such information in accordance with this Agreement, the HABIT STORY Product End User License Agreement and the Privacy Policy. 3.3 Subscriber Restrictions. 3.3.1 Except as otherwise expressly permitted under this Agreement, Subscriber shall not (i) publish, reproduce and/or otherwise distribute the HABIT STORY Product (including the data contained in the HABIT STORY Product) or any components thereof in any manner (including but not limited to as part of any Internet site), (ii) rent, lease, transfer or otherwise provide access to the HABIT STORY Product (including the data contained in the HABIT STORY Product) or any portion thereof to any third party, (iii) copy, modify, translate, reverse engineer, decompile, disassemble the HABIT STORY Product, or create derivative works based on the HABIT STORY Product (including the data contained in the HABIT STORY Product) or Documentation, (iv) create, or attempt to create, archival or derivative works based on the HABIT STORY Product (including the data contained in the HABIT STORY Product) or any portion thereof, (v) attempt to interfere with the access to the HABIT STORY Product or Hosting Services by others, (vi) attempt to upload viruses or malicious code, or do anything that could disable, overburden, or impair the proper working or appearance of the HABIT STORY Product or Hosting Services, (vii) attempt to access or collect data from the HABIT STORY Product using automated means or access data that Subscriber does not have permission to access (for example, the data of other licensees or respondents), (viii) use or attempt to use the HABIT STORY Product for any unlawful purpose or in a manner that is violative of any third party’s rights, and/or (ix) request HABIT STORY Product credentials for, or provide HABIT STORY Product credentials to, individuals that are not Permitted Users.
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3.3.2 Unless otherwise agreed to in writing by Two Story, the HABIT STORY Product shall be used exclusively as permitted in this Agreement. For the avoidance of doubt, Subscriber and the Permitted Users may publish, reproduce and/or otherwise distribute reports generated using the HABIT STORY Product, including the Two Story Analyses, or any components thereof only as provided in this Agreement. For the avoidance of doubt, Subscriber may share any Two Story Analyses with a Respondent who is the subject of such Two Story Analyses and the Respondent shall be considered a licensee for the purpose of this paragraph. In addition, Subscriber may share Two Story Analyses and reports with any employer or prospective employer of an employee or prospective employee to which the Two Story Analyses and reports relate. Subscriber shall take commercially reasonable precautions to prevent access to the HABIT STORY Product or any component thereof by third parties using Subscriber’s access credentials and prevent any unauthorized distribution or redistribution of the HABIT STORY Product using Subscriber’s access credentials.
3.3.3 Two Story may suspend access to the HABIT STORY Product if Two Story (i) reasonably believes that there has been unauthorized access to the HABIT STORY Product or a material violation of the forgoing restrictions, (ii) detects a material security threat to the HABIT STORY Product or Hosting Service, or (iii) otherwise reasonably believes that there is activity that poses a threat to the intellectual property of Two Story or the rights of other Two Story licensees; provided, however, that in such circumstances, Two Story shall immediately notify Subscriber of the action taken by Two Story and the reasons therefor; and provided further, that except in cases of Subscriber’s material breach of this Agreement, Two Story will refund the License Fee relating to any portion of the Term during which such suspension applies if such period exceeds three (3) business days in any calendar year. 4. License Fees. Subscriber shall pay to Two Story the license fees specified in the HABIT STORY Order, without setoff or deduction (the “License Fee”) in accordance with the terms of the HABIT STORY Order. The HABIT STORY Product license is conditional upon Subscriber making timely and complete payment to Two Story of all License Fees and applicable taxes. All License Fees and applicable taxes due to Two Story under this Agreement and the HABIT STORY Order shall be payable in US dollars. All applicable taxes shall be borne by Subscriber. If Subscriber’s payment plan as provided in the HABIT STORY Order includes an ongoing subscription that is automatically renewed periodically, Subscriber hereby authorizes Two Story to bill Subscriber’s payment instrument in advance on such periodic basis in accordance with the terms of the applicable Documentation until the expiration or termination of the applicable Documentation, and Subscriber further agrees to pay any and all charges so incurred. Except as otherwise specified in this Agreement or in the HABIT STORY Order, fees paid are non-refundable. 5. Limited Warranties. Two Story warrants to Subscriber that the HABIT STORY Product will perform substantially in accordance with its accompanying documentation during the Term. Two Story’s entire liability, and Subscriber’s sole remedy against Two Story, for each breach by Two Story of the warranty contained herein shall be limited to requiring Two Story to correct or work around the portion of the HABIT STORY Product giving rise to such breach within a commercially reasonable period of time, failing which Two Story shall refund the License Fees paid to Two Story by Subscriber hereunder which are attributable to the portion of the HABIT STORY Product giving rise to the breach. The warranty in this Section 5 shall not apply to any breach caused by: (a) any change to the HABIT STORY Product, except where such changes were made by Two Story in relation to the provision of maintenance and support services; (b) any telecommunications medium used by Subscriber or Permitted Users; (c) Subscriber’s or Permitted Users’ own computer system; or (d) failure of Subscriber and/or Permitted Users to comply with the Documentation. Two Story does not warrant that the HABIT STORY Product is error-free or will operate without interruption. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, EXCEPT FOR THE EXPRESS LIMITED WARRANTIES PROVIDED IN THIS SECTION 5, TWO STORY AND ITS LICENSORS DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES OF EVERY KIND PERTAINING IN ANY WAY TO HABIT STORY PRODUCT LICENSED BY TWO STORY UNDER THIS AGREEMENT, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW, USAGE OF TRADE, COURSE OF DEALING, CUSTOM, OR OTHERWISE. NEITHER TWO STORY NOR ITS LICENSORS, MAKE ANY REPRESENTATION, NOR PROVIDE ANY WARRANTY, REGARDING THE ADEQUACY OF THE HABIT STORY PRODUCT FOR ANY PARTICULAR PURPOSE, OR THE ADEQUACY OF THE HABIT STORY PRODUCT TO PRODUCE ANY PARTICULAR RESULT. TWO STORY IS NOT RESPONSIBLE FOR THE USE BY SUBSCRIBER OR ANY PERMITTED USER OF TWO STORY ANALYSES, INCLUDING ANY DECISIONS MADE BY SUBSCRIBER AFTER RECEIVING THE TWO STORY ANALYSES.
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1. LIMITATION OF OVERALL TWO STORY LIABILITY. EXCEPT FOR ANY BREACH OF TWO STORY’S OBLIGATIONS RELATING TO CONFIDENTIAL INFORMATION UNDER SECTION 8 AND EXCEPT FOR TWO STORY’S INDEMNIFICATION OBLIGATIONS UNDER SECTION 9, NOTWITHSTANDING ANY AND ALL BREACHES BY TWO STORY OF THIS AGREEMENT (INCLUDING FUNDAMENTAL BREACH), THE TERMINATION BY TWO STORY OF THIS AGREEMENT, OR ANY OBLIGATION THAT TWO STORY MAY HAVE IN CONTRACT, TORT, EQUITY, AT LAW, OR OTHERWISE, IN NO EVENT SHALL TWO STORY BE LIABLE OR OBLIGATED TO SUBSCRIBER OR ANY AUTHORIZED REVIEWER FOR: (A) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, AGGRAVATED, EXEMPLARY, OR PUNITIVE DAMAGES; OR (B) ANY LOST SALES, LOST REVENUE, LOST PROFITS, LOST DATA, OR REPROCUREMENT AMOUNT; EVEN IF TWO STORY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES ARISING AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY CONTAINED HEREIN. EXCEPT FOR ANY BREACH OF TWO STORY’S OBLIGATIONS RELATING TO CONFIDENTIAL INFORMATION UNDER SECTION 8 AND EXCEPT FOR TWO STORY’S INDEMNIFICATION OBLIGATIONS UNDER SECTION 9, NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, TWO STORY’S TOTAL, CUMULATIVE, AND AGGREGATE LIABILITY AND OBLIGATION TO SUBSCRIBER: (A) ARISING UNDER THE PROVISIONS OF THIS AGREEMENT; (B) FOR ANY AND ALL BREACHES BY TWO STORY OF THIS AGREEMENT (INCLUDING FUNDAMENTAL BREACH) OR THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY CONTAINED HEREIN; (C) FOR ANY TERMINATION BY TWO STORY OF THIS AGREEMENT; OR (D) FOR ANY OTHER ACT, OMISSION, OR EVENT RELATED IN ANY WAY TO THIS AGREEMENT; SHALL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS OR THE TOTAL AMOUNT OF LICENSE FEES RECEIVED BY TWO STORY FROM SUBSCRIBER UNDER THIS AGREEMENT WITHIN THE TWELVE (12) MONTHS PRECEDING THE DATE OF SUCH CLAIM.
2. Term and Termination. This Agreement will commence on the date provided in the HABIT STORY Order and will continue until terminated as provided in the HABIT STORY Order or as set forth below. A Party may terminate this Agreement for default if the other Party breaches any provision of this Agreement provided: (i) the non-breaching Party provides the breaching Party with written notice of breach and a thirty (30) day period to cure the breach (“Cure Period”); and (ii) the breaching Party fails to cure each breach by the end of the Cure Period. Any termination of this Agreement shall be without prejudice to each right or remedy which a Party may possess against the other Party under this Agreement, at law, in equity, or otherwise. Subject to the last sentence of this paragraph, upon any termination or expiry of this Agreement: (a) all licenses granted by Two Story herein shall immediately terminate; (b) Subscriber shall immediately cease all use of the HABIT STORY Product; (c) Subscriber must either deliver to Two Story or destroy all originals and copies of Documentation and Two Story Confidential Information in Client’s possession, custody or control; and (d) Two Story shall deliver to Subscriber or destroy all originals and copies of Subscriber Confidential Information in Two Story’s possession, custody or control. Within fifteen (15) days after such termination, one of each Party’s authorized officers must certify in writing to the other Party that all such originals and copies have been so delivered or destroyed. Sections 2, 4, 5, 6, 8, 9, and 10 of this Agreement shall survive any termination of this Agreement. Notwithstanding the foregoing, reports resulting from the use of the HABIT STORY Product will not be required to be destroyed or returned to Two Story by any person possessing the reports at the time of termination as authorized under this Agreement.
3. Confidentiality. Each Party shall use the other Party’s Confidential Information solely to exercise the Party’s rights or perform its obligations under this Agreement and shall protect the other Party’s Confidential Information from unauthorized use and disclosure using the same degree of care that it uses with respect to its own information of like importance, but no less than a reasonable degree of care. The Party receiving Confidential Information (the “Receiving Party) shall retain the Confidential Information in confidence and shall not disclose Confidential Information to any third party without prior written consent of the Party disclosing the Confidential Information (the “Disclosing Party”). However, the Receiving Party may disclose the Confidential Information to employees, contractors, consultants, and authorized representatives of the Receiving Party who (1) require access to the information to exercise the Party’s rights or perform its obligations under this Agreement, (2) are informed by the Receiving Party of the Receiving Party’s obligations under this section, and (3) are bound by contract or fiduciary duty to obligations of confidentiality and use restrictions with substantially similar function, purpose, scope, and effect to those of this section and that are at least as protective of the Confidential Information as this section. The Receiving Party will be responsible for the breach of this section (or of such contract or fiduciary duties) by these parties. Notwithstanding the foregoing, a Party may disclose the Confidential Information pursuant to applicable Law, regulation or a valid order issued by a court or Governmental Authority of competent jurisdiction, but only after providing written notice to the other Party of its intention to disclose the Confidential Information and providing ten (10) calendar days for to other Party to seek to quash or challenge the obligation to disclose the
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Confidential Information. If, during the aforementioned ten (10) day period, the other Party commences such legal action as may be necessary to challenge the obligation to disclose the Confidential Information, then the notifying Party shall not disclose the Confidential Information while such challenge is pending. 9. Indemnification. 9.1 Indemnification by Subscriber 9.1.1 Subscriber, at its expense, will defend, indemnify, and hold Two Story and its directors, officers, members, employees, agents, and representatives (each, an “Two Story Indemnified Party”) harmless from and against any and all damages (whether ordinary, direct, indirect, incidental, special, consequential, or exemplary), judgments, liabilities, fines, penalties, losses, claims, costs, and expenses including, without limitation, reasonable attorneys’ fees, against the Two Story Indemnified Party which directly relate to a claim, action, suit, or proceeding made or brought against the Two Story Indemnified Party by a third party alleging the infringement or violation of such third party’s registered patent, trade secret, copyright, or trademark by way of Two Story’s use of the Subscriber Data.
9.1.2 Subscriber shall indemnify and hold harmless each Two Story Indemnified Party from and against any and all damages (whether ordinary, direct, indirect, incidental, special, consequential, or exemplary), judgments, liabilities, fines, penalties, losses, claims, costs, and expenses including, without limitation, reasonable attorneys’ fees, against the Two Story Indemnified Party arising from the misuse of the HABIT STORY Product by Subscriber or Subscriber’s Permitted Users. During the Term and for two (2) years thereafter, Subscriber shall maintain electronic and/or other records sufficient for Two Story to confirm that Subscriber has complied with this Agreement. 10. Release. Subscriber releases Two Story and it’s affiliates from all claims, demands and damages (both actual and consequential) of every kind and nature, known and uknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes between Subscriber and third parties. 11. Order of Precedence. This Agreement and the HABIT STORY Order contain the complete agreement between Two Story and the persons enumerated in clause (1) of the definition of “Permitted Users” above, and no additional or conflicting terms, including the HABIT STORY Product End User License Agreement, will be binding among such parties (except as expressly incorporated herein or in the HABIT STORY Order). In addition, if this Agreement or the HABIT STORY Order conflicts with any term or condition in the HABIT STORY Product End User License Agreement, then this Agreement and the HABIT STORY Order will control in that order of precedence. 12. Miscellaneous Provisions. Two Story and Subscriber are independent contractors. Neither Two Story nor Subscriber shall have any authority to bind the other in any manner. This Agreement may be assigned by Two Story to an affiliate of Two Story or to a successor-in-interest/title of Two Story without consent. This Agreement shall not be assigned by Subscriber, in whole or in part, without Two Story’s prior written consent. All provisions of the United Nations Convention On Contracts For The International Sale of Goods are hereby rejected by the Parties and excluded from this Agreement in their entirety. Subscriber and Two Story agree that the Uniform Computer Information Transactions Act, or any version thereof, adopted by any state located in the United States, in any form (“UCITA”) shall not apply to this Agreement. To the extent that UCITA is applicable, the Parties agree to opt out of the applicability of UCITA pursuant to the opt-out provisions contained therein. This Agreement shall be governed by the laws of the State of Missouri, excluding its conflicts or choice of law rules. For all disputes arising from this Agreement the Parties submit to the exclusive jurisdiction and venue of the courts of the State of Missouri. If a Party commences any litigation or proceeding against the other Party related to this Agreement, the prevailing Party shall be entitled to an award of its reasonable attorney’s fees and court costs. Except for payment obligations (including License Fees) or any obligations relating to the protection of or restrictions applicable to the other Party’s confidential information or intellectual property, neither Party shall be liable to the other or be in breach of this Agreement due to any failure or delay in performance of its obligations to the extent the failure or delay arises (and only for the duration that the affected Party is precluded from performing) as a result of acts of God, fire, global or national pandemics, disaster, explosion, vandalism, storm, adverse weather conditions, strikes, labor disputes or disruptions, epidemics, wars, national emergencies, riots, civil disturbances, shortages of materials, actions or inactions of government authorities, terrorist acts, lockout, work stoppages or other labor difficulties, border delays, failures or interruptions of utilities or telecommunications equipment or services, system failures or any other cause that is beyond the reasonable control of that Party. Should any provision of this Agreement be deemed contrary to applicable law or unenforceable by any court of competent jurisdiction, the provision shall be considered severed from this Agreement but all remaining provisions shall continue in full force. Subscriber acknowledges that HABIT STORY Product is subject to U.S., foreign, and
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international export control, import, and economic sanctions laws and regulations and agrees to comply with all such applicable laws and regulations, including, but not limited to, the U.S. Export Administration Regulations (“EAR”) and regulations promulgated by the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”). Subscriber represents and warrants that it is eligible to receive exports from the United States and that it is not designated on any of the various U.S. government lists of sanctioned/denied parties, nor is Subscriber 50% or more directly or indirectly owned, in the aggregate, by one or more individuals or entities identified on any of the U.S. government sanctioned/denied parties lists. Subscriber also specifically agrees not to, directly or indirectly, export, reexport, transfer, or otherwise allow access to or use of HABIT STORY Product to, in, by, or for any country/region subject to U.S. embargo or sanctions, any U.S. sanctioned or denied person or entity, or any prohibited end-use under U.S. law without authorization from the U.S. government. It is the sole responsibility of Subscriber to obtain any required licenses or other authorizations to export, reexport, transfer, or import HABIT STORY Product. This Agreement, together with the HABIT STORY Order, sets forth the entire agreement between Two Story and Subscriber with respect to the subject matter hereof, and supersedes all prior related oral and written agreements and understandings between the Parties. Neither Party is bound by or is liable for any alleged representation, promise, or inducement not expressly stated in this Agreement. No term of this Agreement is intended to confer a benefit on, or to be enforceable by, any person or entity who is not a Party to this Agreement, except that Permitted Users other than Respondents are intended beneficiaries of this Agreement. The Parties acknowledge and agree that each has had an opportunity for legal review of all terms of this Agreement. The Parties therefore agree that, in interpreting any issues which may arise, any rules of construction related to who prepared the Agreement shall be inapplicable, each Party having contributed or having had the opportunity to clarify any issue. In addition, the headings used in this Agreement are for convenience only and do not in any way limit or otherwise affect the meaning of any terms of this Agreement. Notice to Two Story hereunder must be given in writing to the address below and is deemed effective when sent via Federal Express or other commercial courier. Notice to Subscriber hereunder shall be deemed effective when sent to the address specified on the HABIT STORY Order.
# Privacy Policy
Two Story's Privacy Policy
### Privacy Policy
Your privacy is important to us. It is Two Story's policy to respect your privacy and comply with any applicable law and regulation regarding any personal information we may collect about you, including across our website, , and other sites we own and operate.
Personal information is any information about you which can be used to identify you. This includes information about you as a person (such as name, address, and date of birth), your devices, payment details, and even information about how you use a website or online service.
In the event our site contains links to third-party sites and services, please be aware that those sites and services have their own privacy policies. After following a link to any third-party content, you should read their posted privacy policy information about how they collect and use personal information. This Privacy Policy does not apply to any of your activities after you leave our site.
This policy is effective as of 26 April 2022.
Last updated: 26 April 2022
### **Information We Collect**
Information we collect falls into one of two categories: “voluntarily provided” information and “automatically collected” information.
“Voluntarily provided” information refers to any information you knowingly and actively provide us when using or participating in any of our services and promotions.
“Automatically collected” information refers to any information automatically sent by your devices in the course of accessing our products and services.
### **Log Data**
When you visit our website, our servers may automatically log the standard data provided by your web browser. It may include your device’s Internet Protocol (IP) address, your browser type and version, the pages you visit, the time and date of your visit, the time spent on each page, and other details about your visit.
Additionally, if you encounter certain errors while using the site, we may automatically collect data about the error and the circumstances surrounding its occurrence. This data may include technical details about your device, what you were trying to do when the error happened, and other technical information relating to the problem. You may or may not receive notice of such errors, even in the moment they occur, that they have occurred, or what the nature of the error is.
Please be aware that while this information may not be personally identifying by itself, it may be possible to combine it with other data to personally identify individual persons.
### **Device Data**
When you visit our website or interact with our services, we may automatically collect data about your device, such as:
Device Type Operating System Unique device identifiers Device settings Geo-location data
Data we collect can depend on the individual settings of your device and software. We recommend checking the policies of your device manufacturer or software provider to learn what information they make available to us.
### **Personal Information**
We may ask for personal information — for example, when you subscribe to our newsletter or when you contact us — which may include one or more of the following:
Name Email Date of birth Phone/mobile number Home/mailing address
### **Sensitive Information**
“Sensitive information” or “special categories of data” is a subset of personal information that is given a higher level of protection. Examples of sensitive information include information relating to your racial or ethnic origin, political opinions, religion, trade union or other professional associations or memberships, philosophical beliefs, sexual orientation, sexual practices or sex life, criminal records, health information, or biometric information.
The types of sensitive information that we may collect about you include:
We will not collect sensitive information about you without first obtaining your consent, and we will only use or disclose your sensitive information as permitted, required, or authorized by law.
### **Transaction Data**
Transaction data refers to data that accumulates over the normal course of operation on our platform. This may include transaction records, stored files, user profiles, analytics data and other metrics, as well as other types of information, created or generated, as users interact with our services.
Legitimate Reasons for Processing Your Personal Information
We only collect and use your personal information when we have a legitimate reason for doing so. In which instance, we only collect personal information that is reasonably necessary to provide our services to you.
### Collection and Use of Information
We may collect personal information from you when you do any of the following on our website:
Register for an account Purchase a subscription Enter any of our competitions, contests, sweepstakes, and surveys Sign up to receive updates from us via email or social media channels Use a mobile device or web browser to access our content Contact us via email, social media, or on any similar technologies When you mention us on social media
We may collect, hold, use, and disclose information for the following purposes, and personal information will not be further processed in a manner that is incompatible with these purposes:
to provide you with our platform's core features and services to enable you to customize or personalize your experience of our website to contact and communicate with you for analytics, market research, and business development, including to operate and improve our website, associated applications, and associated social media platforms for advertising and marketing, including to send you promotional information about our products and services and information about third parties that we consider may be of interest to you to enable you to access and use our website, associated applications, and associated social media platforms for internal record keeping and administrative purposes to run competitions, sweepstakes, and/or offer additional benefits to you to comply with our legal obligations and resolve any disputes that we may have for security and fraud prevention, and to ensure that our sites and apps are safe, secure, and used in line with our terms of use for technical assessment, including to operate and improve our app, associated applications, and associated social media platforms
We may combine voluntarily provided and automatically collected personal information with general information or research data we receive from other trusted sources. For example, If you provide us with your location, we may combine this with general information about currency and language to provide you with an enhanced experience of our site and service.
### Security of Your Personal Information
When we collect and process personal information, and while we retain this information, we will protect it within commercially acceptable means to prevent loss and theft, as well as unauthorized access, disclosure, copying, use, or modification.
Although we will do our best to protect the personal information you provide to us, we advise that no method of electronic transmission or storage is 100% secure, and no one can guarantee absolute data security.
You are responsible for selecting any password and its overall security strength, ensuring the security of your own information within the bounds of our services. For example, ensuring any passwords associated with accessing your personal information and accounts are secure and confidential.
### How Long We Keep Your Personal Information
We keep your personal information only for as long as we need to. This time period may depend on what we are using your information for, in accordance with this privacy policy. For example, if you have provided us with personal information as part of creating an account with us, we may retain this information for the duration your account exists on our system. If your personal information is no longer required for this purpose, we will delete it or make it anonymous by removing all details that identify you.
However, if necessary, we may retain your personal information for our compliance with a legal, accounting, or reporting obligation or for archiving purposes in the public interest, scientific, or historical research purposes or statistical purposes.
### Children’s Privacy
We do not aim any of our products or services directly at children under the age of 13, and we do not knowingly collect personal information about children under 13.
Disclosure of Personal Information to Third Parties
We may disclose personal information to:
a parent, subsidiary, or affiliate of our company third-party service providers for the purpose of enabling them to provide their services, including (without limitation) IT service providers, data storage, hosting and server providers, analytics, error loggers, debt collectors, maintenance or problem-solving providers, marketing providers, professional advisors, and payment systems operators our employees, contractors, and/or related entities our existing or potential agents or business partners sponsors or promoters of any competition, sweepstakes, or promotion we run credit reporting agencies, courts, tribunals, and regulatory authorities, in the event you fail to pay for goods or services we have provided to you courts, tribunals, regulatory authorities, and law enforcement officers, as required by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise, or defend our legal rights third parties, including agents or sub-contractors, who assist us in providing information, products, services, or direct marketing to you third parties to collect and process data an entity that buys, or to which we transfer all or substantially all of our assets and business
### Third parties we currently use include:
* Google Analytics \[Analytics]
* Microsoft Clarity \[Analytics]
* SendGrid \[Email Service]
* Stripe \[Payment Provider]
* PDFCrowd \[PDF Generation Service]
### Your Rights and Controlling Your Personal Information
Your choice: By providing personal information to us, you understand we will collect, hold, use, and disclose your personal information in accordance with this privacy policy. You do not have to provide personal information to us, however, if you do not, it may affect your use of our website or the products and/or services offered on or through it.
Information from third parties: If we receive personal information about you from a third party, we will protect it as set out in this privacy policy. If you are a third party providing personal information about somebody else, you represent and warrant that you have such person’s consent to provide the personal information to us.
Marketing permission: If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by contacting us using the details below.
Access: You may request details of the personal information that we hold about you.
Correction: If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant, or misleading, please contact us using the details provided in this privacy policy. We will take reasonable steps to correct any information found to be inaccurate, incomplete, misleading, or out of date.
Non-discrimination: We will not discriminate against you for exercising any of your rights over your personal information. Unless your personal information is required to provide you with a particular service or offer (for example processing transaction data), we will not deny you goods or services and/or charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties, or provide you with a different level or quality of goods or services.
Downloading of Personal Information: We provide a means for you to download the personal information you have shared through our site. Please contact us for more information.
Notification of data breaches: We will comply with laws applicable to us in respect of any data breach.
Complaints: If you believe that we have breached a relevant data protection law and wish to make a complaint, please contact us using the details below and provide us with full details of the alleged breach. We will promptly investigate your complaint and respond to you, in writing, setting out the outcome of our investigation and the steps we will take to deal with your complaint. You also have the right to contact a regulatory body or data protection authority in relation to your complaint.
Unsubscribe: To unsubscribe from our email database or opt-out of communications (including marketing communications), please contact us using the details provided in this privacy policy, or opt-out using the opt-out facilities provided in the communication. We may need to request specific information from you to help us confirm your identity.
### Use of Cookies
We use “cookies” to collect information about you and your activity across our site. A cookie is a small piece of data that our website stores on your computer, and accesses each time you visit, so we can understand how you use our site. This helps us serve you content based on preferences you have specified.
Please refer to our Cookie Policy for more information.
### Business Transfers
If we or our assets are acquired, or in the unlikely event that we go out of business or enter bankruptcy, we would include data, including your personal information, among the assets transferred to any parties who acquire us. You acknowledge that such transfers may occur, and that any parties who acquire us may, to the extent permitted by applicable law, continue to use your personal information according to this policy, which they will be required to assume as it is the basis for any ownership or use rights we have over such information.
### Limits of Our Policy
Our website may link to external sites that are not operated by us. Please be aware that we have no control over the content and policies of those sites, and cannot accept responsibility or liability for their respective privacy practices.
### Changes to This Policy
At our discretion, we may change our privacy policy to reflect updates to our business processes, current acceptable practices, or legislative or regulatory changes. If we decide to change this privacy policy, we will post the changes here at the same link by which you are accessing this privacy policy.
If the changes are significant, or if required by applicable law, we will contact you (based on your selected preferences for communications from us) and all our registered users with the new details and links to the updated or changed policy.
If required by law, we will get your permission or give you the opportunity to opt in to or opt out of, as applicable, any new uses of your personal information.
### Additional Disclosures for General Data Protection Regulation (GDPR) Compliance (EU) Data Controller / Data Processor
The GDPR distinguishes between organizations that process personal information for their own purposes (known as “data controllers”) and organizations that process personal information on behalf of other organizations (known as “data processors”). We, Two Story, located at the address provided in our Contact Us section, are a Data Controller and/or Processor with respect to the personal information you provide to us.
### Legal Bases for Processing Your Personal Information
We will only collect and use your personal information when we have a legal right to do so. In which case, we will collect and use your personal information lawfully, fairly, and in a transparent manner. If we seek your consent to process your personal information, and you are under 16 years of age, we will seek your parent or legal guardian’s consent to process your personal information for that specific purpose.
Our lawful bases depend on the services you use and how you use them. This means we only collect and use your information on the following grounds:
### Consent From You
Where you give us consent to collect and use your personal information for a specific purpose. You may withdraw your consent at any time using the facilities we provide; however this will not affect any use of your information that has already taken place. You may consent to providing your name and contact details for the purpose of entering a giveaway or promotion. While you may withdraw your entry at any time, this will not affect any selection or judging that has already taken place. If you have any further enquiries about how to withdraw your consent, please feel free to enquire using the details provided in the Contact Us section of this privacy policy.
### Performance of a Contract or Transaction
Where you have entered into a contract or transaction with us, or in order to take preparatory steps prior to our entering into a contract or transaction with you. For example, if you purchase a product, service, or subscription from us, we may need to use your personal and payment information in order to process and deliver your order.
### Our Legitimate Interests
Where we assess it is necessary for our legitimate interests, such as for us to provide, operate, improve and communicate our services. We consider our legitimate interests to include research and development, understanding our audience, marketing and promoting our services, measures taken to operate our services efficiently, marketing analysis, and measures taken to protect our legal rights and interests.
### Compliance with Law
In some cases, we may have a legal obligation to use or keep your personal information. Such cases may include (but are not limited to) court orders, criminal investigations, government requests, and regulatory obligations. If you have any further enquiries about how we retain personal information in order to comply with the law, please feel free to enquire using the details provided in the Contact Us section of this privacy policy.
### International Transfers Outside of the European Economic Area (EEA)
We will ensure that any transfer of personal information from countries in the European Economic Area (EEA) to countries outside the EEA will be protected by appropriate safeguards, for example by using standard data protection clauses approved by the European Commission, or the use of binding corporate rules or other legally accepted means.
### Your Rights and Controlling Your Personal Information
Restrict: You have the right to request that we restrict the processing of your personal information if (i) you are concerned about the accuracy of your personal information; (ii) you believe your personal information has been unlawfully processed; (iii) you need us to maintain the personal information solely for the purpose of a legal claim; or (iv) we are in the process of considering your objection in relation to processing on the basis of legitimate interests.
Objecting to processing: You have the right to object to processing of your personal information that is based on our legitimate interests or public interest. If this is done, we must provide compelling legitimate grounds for the processing which overrides your interests, rights, and freedoms, in order to proceed with the processing of your personal information.
Data portability: You may have the right to request a copy of the personal information we hold about you. Where possible, we will provide this information in CSV format or other easily readable machine format. You may also have the right to request that we transfer this personal information to a third party.
Deletion: You may have a right to request that we delete the personal information we hold about you at any time, and we will take reasonable steps to delete your personal information from our current records. If you ask us to delete your personal information, we will let you know how the deletion affects your use of our website or products and services. There may be exceptions to this right for specific legal reasons which, if applicable, we will set out for you in response to your request. If you terminate or delete your account, we will delete your personal information within 30 days of the deletion of your account. Please be aware that search engines and similar third parties may still retain copies of your personal information that has been made public at least once, like certain profile information and public comments, even after you have deleted the information from our services or deactivated your account.
### Additional Disclosures for California Compliance (US)
Under California Civil Code Section 1798.83, if you live in California and your business relationship with us is mainly for personal, family, or household purposes, you may ask us about the information we release to other organizations for their marketing purposes.
To make such a request, please contact us using the details provided in this privacy policy with “Request for California privacy information” in the subject line. You may make this type of request once every calendar year. We will email you a list of categories of personal information we revealed to other organisations for their marketing purposes in the last calendar year, along with their names and addresses. Not all personal information shared in this way is covered by Section 1798.83 of the California Civil Code.
### Do Not Track
Some browsers have a “Do Not Track” feature that lets you tell websites that you do not want to have your online activities tracked. At this time, we do not respond to browser “Do Not Track” signals.
We adhere to the standards outlined in this privacy policy, ensuring we collect and process personal information lawfully, fairly, transparently, and with legitimate, legal reasons for doing so.
### Cookies and Pixels
At all times, you may decline cookies from our site if your browser permits. Most browsers allow you to activate settings on your browser to refuse the setting of all or some cookies. Accordingly, your ability to limit cookies is based only on your browser’s capabilities. Please refer to the Cookies section of this privacy policy for more information.
### CCPA-permitted financial incentives
In accordance with your right to non-discrimination, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels for the goods or services we provide.
Any CCPA-permitted financial incentive we offer will reasonably relate to the value of your personal information, and we will provide written terms that describe clearly the nature of such an offer. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time.
### California Notice of Collection
In the past 12 months, we have collected the following categories of personal information enumerated in the California Consumer Privacy Act:
Identifiers, such as name, email address, phone number account name, IP address, and an ID or number assigned to your account. Customer records, such as billing and shipping address, and credit or debit card data. Demographics, such as your age or gender. This category includes data that may qualify as protected classifications under other California or federal laws. Commercial information, such as products or services history and purchases. Internet activity, such as your interactions with our service. Geolocation data. Employment and education data, such as data you provide when you apply for a job with us. Inferences, such as information about your interests, preferences and favorites.
For more information on information we collect, including the sources we receive information from, review the “Information We Collect” section. We collect and use these categories of personal information for the business purposes described in the “Collection and Use of Information” section, including to provide and manage our Service.
### Right to Know and Delete
If you are a California resident, you have rights to delete your personal information we collected and know certain information about our data practices in the preceding 12 months. In particular, you have the right to request the following from us:
The categories of personal information we have collected about you; The categories of sources from which the personal information was collected; The categories of personal information about you we disclosed for a business purpose or sold; The categories of third parties to whom the personal information was disclosed for a business purpose or sold; The business or commercial purpose for collecting or selling the personal information; and The specific pieces of personal information we have collected about you.
To exercise any of these rights, please contact us using the details provided in this privacy policy.
### Shine the Light
If you are a California resident, in addition to the rights discussed above, you have the right to request information from us regarding the manner in which we share certain personal information as defined by California’s “Shine the Light” with third parties and affiliates for their own direct marketing purposes.
To receive this information, send us a request using the contact details provided in this privacy policy. Requests must include “California Privacy Rights Request” in the first line of the description and include your name, street address, city, state, and ZIP code.
### Contact Us
For any questions or concerns regarding your privacy, you may contact us at
# Cookie Policy
### Cookie Policy
We use cookies to help improve your experience of our website at . This cookie policy is part of Two Story's privacy policy. It covers the use of cookies between your device and our site.
We also provide basic information on third-party services we may use, who may also use cookies as part of their service. This policy does not cover their cookies.
If you don’t wish to accept cookies from us, you should instruct your browser to refuse cookies from . In such a case, we may be unable to provide you with some of your desired content and services.
#### What is a cookie?
A cookie is a small piece of data that a website stores on your device when you visit. It typically contains information about the website itself, a unique identifier that allows the site to recognize your web browser when you return, additional data that serves the cookie’s purpose, and the lifespan of the cookie itself.
Cookies are used to enable certain features (e.g. logging in), track site usage (e.g. analytics), store your user settings (e.g. time zone, notification preferences), and to personalize your content (e.g. advertising, language).
Cookies set by the website you are visiting are usually referred to as first-party cookies. They typically only track your activity on that particular site.
Cookies set by other sites and companies (i.e. third parties) are called third-party cookies They can be used to track you on other websites that use the same third-party service.
Types of cookies and how we use them Essential cookies
Essential cookies are crucial to your experience of a website, enabling core features like user logins, account management, shopping carts, and payment processing.
We use essential cookies to enable certain functions on our website.
#### Performance cookies
Performance cookies track how you use a website during your visit. Typically, this information is anonymous and aggregated, with information tracked across all site users. They help companies understand visitor usage patterns, identify and diagnose problems or errors their users may encounter, and make better strategic decisions in improving their audience’s overall website experience. These cookies may be set by the website you’re visiting (first-party) or by third-party services. They do not collect personal information about you.
We use performance cookies on our site.
#### Functionality cookies
Functionality cookies are used to collect information about your device and any settings you may configure on the website you’re visiting (like language and time zone settings). With this information, websites can provide you with customized, enhanced, or optimized content and services. These cookies may be set by the website you’re visiting (first-party) or by third-party services.
We use functionality cookies for selected features on our site.
#### Targeting/advertising cookies
Targeting/advertising cookies help determine what promotional content is most relevant and appropriate to you and your interests. Websites may use them to deliver targeted advertising or limit the number of times you see an advertisement. This helps companies improve the effectiveness of their campaigns and the quality of content presented to you. These cookies may be set by the website you’re visiting (first-party) or by third-party services. Targeting/advertising cookies set by third-parties may be used to track you on other websites that use the same third-party service.
We use targeting/advertising cookies on our site.
