3 Story Software (3SS) Application Terms of Use

BY CLICKING “ACCEPT” OR ACCESSING THE SYSTEM, YOU AGREE TO BE BOUND BY THESE TERMS OF USE.

IMPORTANT NOTICE:

Please read these Terms of Use carefully before accessing or using the System. These Terms of Use constitute a legal agreement between you (the individual user whether Client, Administrator, Supplier or Worker) and the system Operator.

Definitions

“Administrator” means the entity that has entered into an agreement with a Client pursuant to which the System is utilized for the purpose of recording time and expenses claimed by Workers.

“Client” means the entity that has authorized the disclosure of the user identification code and password required for a(n) User to access the System.

“Infrastructure” means all hardware, software, and communication links necessary for accessing the System.

“Operator” means the owner and operator of the System including without limitation, 3 Story Software LLC, with its principal office in New Milford, CT 06776, USA, its parent(s) and affiliate(s).

“Supplier” means the entity, other than the Operator or Administrator, providing recruitment, workforce management and related vendor management activities to or for the Client.

“System” means the software-as-a-service platform known as “3SS” and any related applications provided by the Operator.

“User” means any individual accessing or using the System, including without limitation: Client(s), Administrator(s), Supplier(s), and Worker(s).

“Worker” means individual contract or temporary resource engaged by a Supplier for the Client and whose time and expenses are recorded in the System.

1. Grant of Permission

1.1 You are granted a non-exclusive, non-transferable license to access and use the System solely for the purposes authorized by the Client, Administrator or Supplier, including but not limited to entering or approving timesheets, claiming payments and expenses.

1.2 Access is permitted on a temporary basis and is limited to features relevant to your role. The Operator reserves the right to suspend, withdraw, or restrict access at any time without notice or liability.

1.3 You are responsible for all arrangements necessary to access the System, including procuring, maintaining, and supporting any required hardware, software, or communications infrastructure (“Infrastructure”). The Operator disclaims any obligation for Infrastructure.

2. Acceptable Use and Restrictions

2.1 You undertake to:

(a) Comply with any acceptable use policies notified by the Operator.

(b) Use the System only for the specific authorized purposes.

(c) Not store, transmit, or distribute unlawful, harmful, offensive, infringing, harassing, discriminatory, or otherwise illegal material.

(d) Not use the System to develop competing products, monitor functionality for competitive purposes, or provide services to third parties.

(e) Not resell, rent, lease, or sublicense access or use rights to third parties.

(f) Not misuse the System.

(g) Comply with all applicable laws, including without limitation, those related to privacy, data protection, and export and trade control laws.

(h) Not access the System from embargoed countries.

3. Security

3.1 You will be provided with user identification codes and passwords to access the System and must keep such credentials confidential. You must notify the Operator immediately of any unauthorized disclosure or use. You accept liability for all use of your credentials, whether authorized or not. The Operator may disable access at any time for breach of security or terms.

3.2 You shall not introduce malware, viruses, or harmful code into the System or attempt unauthorized access to any related System or data. Any such breach may constitute a criminal offense and lead to immediate termination of access and possible legal action.

4. Intellectual Property

4.1 All intellectual property rights in the System are owned exclusively by the Operator. You acquire only a limited license to use the System under these Terms.

4.2 You shall not copy, duplicate, modify, reverse engineer, disassemble, or create derivative works from the System except where permitted by applicable law.

4.3 You shall not remove or tamper with any copyright, trademark, or proprietary notices.

5. Liability

5.1 The System are provided “as is,” without warranties of any kind, and may contain bugs or errors. You are responsible for ensuring the System meet your requirements and for the accuracy of any data you enter.

5.2 The Operator shall not be liable for any direct, indirect, incidental, consequential, or special damages, including loss of income, profits, data, or goodwill, howsoever arising out of or in connection with use or inability to use the System, to the maximum extent permitted by law.

5.3 To the fullest extent permitted by law, the Operator’s liability under or in connection with these Terms shall be limited to five hundred US dollars ($500).

5.4 To the fullest extent permitted by applicable law, all liability limitations and disclaimers set forth in these Terms shall apply.

5.5 Nothing in these Terms limits liability for death or personal injury caused by negligence or liability which cannot be excluded under applicable law.

5.6 Specific liability limits and caps (if any) and applicable governing law are set forth in the relevant regional and user-specific appendices.

6. Data Protection and Privacy

6.1 You acknowledge and agree that the Operator will collect, process, and share your information as necessary to provide the System’ services, including disclosure to Clients and third parties involved in your work.

6.2 Personal data will be processed in accordance with applicable privacy laws and the Operator’s privacy policy which you should review at [hyperlink].

7. General Provisions

7.1 The Operator reserves the right to modify these Terms at any time. You are responsible for reviewing the Terms each time you access the System. Continued use constitutes acceptance of changes to the Terms.

7.2 Failure to enforce any provision of these Terms does not constitute waiver of rights or future enforcement.

7.3 If any provision is found to be invalid or unenforceable, the remainder of the Terms shall remain in full force.

7.4 Export compliance laws apply, and you agree to abide by them. The Operator reserves the right to suspend or deny access to the System if required by applicable export control or trade sanction laws.

7.5 Governing law and jurisdiction are specified in the relevant appendices.

ANNEX A: United Kingdom Users

A.1 Governing Law and Jurisdiction

These Terms of Use shall be governed by and construed in accordance with the laws of England and Wales. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of England and Wales in respect of any dispute arising under or in connection with these Terms of Use.

A.2 Limitation of Liability

Except where otherwise prohibited by law, the Operator’s total liability to the User arising under or in connection with these Terms shall be no greater than five hundred pounds (GBP500). The Operator shall not be liable for any indirect, consequential, special, or punitive damages, including loss of profits, business interruption, or loss of data.

A.3 Data Protection and Privacy

The Operator shall process personal data in accordance with the UK Data Protection Act 2018 and the UK General Data Protection Regulation (UK GDPR). The User consents to the processing, transfer, and disclosure of personal data in accordance with the Operator’s privacy policy. The Operator shall comply with the GDPR where applicable to Users located outside the UK but within the European Economic Area (EEA).

ANNEX B: United States Users

B.1 Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, USA, without regard to its conflicts of law provisions. Any disputes arising out of or in connection with these Terms shall be resolved exclusively in the state or federal courts located in Hillsborough County, Florida.

B.2 Limitation of Liability

To the fullest extent permitted by law, the Operator’s liability under or in connection with these Terms shall be no greater than five hundred dollars (USD500). The Operator disclaims liability for any indirect, incidental, consequential, punitive, or special damages, including loss of profits, business interruption, or loss of data.

B.3 Data Protection and Privacy

The Operator will comply with applicable federal and state privacy laws, including but not limited to the California Consumer Privacy Act (CCPA), where applicable. The User agrees to the collection, use, and disclosure of personal data as described in the Operator’s privacy policy.

ANNEX C: Australia Users

C.1 Governing Law and Jurisdiction

These Terms of Use shall be governed by and construed in accordance with the laws of the Commonwealth of Australia and the laws of the State or Territory where the User is located. The parties submit to the non-exclusive jurisdiction of the courts of that State or Territory and the federal courts of Australia in relation to any dispute arising under or in connection with these Terms.

C.2 Limitation of Liability

Except as prohibited by the Australian Consumer Law or other applicable legislation, the Operator’s liability shall be no greater than [five hundred pounds (GBP500). The Operator excludes liability for indirect, consequential, or special damages, including loss of profits, data, or business opportunity.

C.2 Data Protection and Privacy

The Operator agrees to comply with the Privacy Act 1988 (Cth), including the Australian Privacy Principles. The User consents to the collection, use, and disclosure of personal data as set forth in the Operator’s privacy policy.

ANNEX D: Rest of the World TBC

D.1 Governing Law and Jurisdiction

These Terms of Use shall be governed by and construed in accordance with the laws of England and Wales. The parties submit to the non-exclusive jurisdiction of the courts of England and Wales for any dispute arising under or in connection with these Terms.

D.2 Limitation of Liability

D.3 Data Protection and Privacy

The Operator shall process personal data in accordance with applicable privacy laws and the Operator’s privacy policy. The User consents to such processing.

Verbiage added to clarify that Operator will comply with the EU GDPR for Users located in the European Economic Area (EEA) but outside the UK. It ensures clear data protection compliance across jurisdictions (given that Appendix A covers UK law only, while EEA Users remain subject to EU GDPR).