TERMS OF SERVICE
1. Overview
Welcome to MyStory! These Terms of Service ("Terms" or “Agreement”) outline the terms and conditions under which MyStory ("we," "us," or "our") will provide our custom book writing and publishing services (the "Services") to you ("you" or "Customer"). By engaging with MyStory's Services, you agree to comply with and be bound by these Terms. By purchasing any service from MyStory, you acknowledge and agree to be bound by all the terms and conditions outlined in this Agreement, including but not limited to the payment terms, late fees, default provisions, and collection costs. Your purchase constitutes your acceptance of these terms, whether or not you have signed a formal agreement. Please read them carefully.
2. Project Ownership and Rights
2.1 Ownership: Upon completion of the project, the Customer will own all rights to the custom book ("Work") created by MyStory, including intellectual property rights and copyright.
2.2 Publishing Rights: The Customer has the exclusive right to publish the Work with any publisher or distributor of their choice.
3. Unlimited Revision Opportunities
3.1 Revision Process: MyStory provides the Customer with unlimited opportunities for revisions to ensure complete satisfaction with the final Work. Revisions will be conducted in collaboration with the Customer.
3.2 Timeliness: MyStory is committed to working in a timely manner to address revision requests promptly, ensuring that the project progresses smoothly toward completion.
3.3 Satisfaction Guarantee: At MyStory, we take pride in delivering high-quality work that aligns with your vision. Our primary goal is your satisfaction with the final product. In the event that you are not completely satisfied, we encourage you to work closely with our team to explore revision options to address your concerns.
3.4 Good Faith Collaboration: We want to ensure that any concerns are addressed through a good faith collaborative process. If, after utilizing the unlimited revision opportunities as outlined in Section 3, you still find the project unsatisfactory, we are open to discussing potential resolutions.
3.5 Eligibility: A refund request will be evaluated on a case-by-case basis. To be eligible for a refund, the Customer must have demonstrated a genuine effort to collaborate and engage in the revision process. The request must be made within 30 days of starting the project.
3.6 Exclusions: Refunds will not be granted solely on the basis of a change in creative direction or personal preference that does not align with the original project scope and guidelines. Refund requests that are not in good faith and attempt to exploit the policy will not be considered.
4. Project Timeline and Completion
4.1 Project Timeline: MyStory and the Customer will collaborate to establish a reasonable project timeline, taking into consideration the scope and complexity of the project.
4.2 Project Completion: MyStory will diligently work with the Customer to complete the project within the agreed-upon timeline. Delays caused by factors beyond MyStory's control may impact the completion date.
5. Confidentiality
5.1 Confidentiality Terms: MyStory acknowledges that the information provided by the Customer, including personal and sensitive details, is confidential. MyStory will treat this information with the utmost confidentiality and will not share or disclose it to any third party without explicit consent from the Customer.
6. Payment
6.1 Payment Terms: All payments are due on or before the dates specified in the payment schedule. In the event of non-payment by the due date, the project will be suspended immediately, and any ongoing work will cease until payment is received. Failure to make payment by the due date will result in a late payment fee of 10% of the outstanding balance, which will be charged immediately. An additional late fee of 10% of the outstanding balance will be applied for every 30-day period that the balance remains unpaid. If payment is not made within 7 days of the due date, the project may be canceled at the sole discretion of MyStory. Reinstating the project may require additional fees and renegotiation of terms, with reinstatement fees set at the discretion of MyStory. The client will be responsible for any collection costs, including legal fees, incurred due to failure to pay in accordance with these terms. If you fail to make timely payments for any services provided under these Terms or breach any other obligations under these Terms, you will be responsible for all costs related to the collection or enforcement of these Terms. You will be in default under these Terms if any payment remains unpaid for more than 30 days after its scheduled or deferred due date, or if you fail to comply with any other terms of these Terms. No further notice of default will be required, as you waive any notice of default. Additionally, you waive the right to a jury trial for any disputes arising between you and MyStory. Please note that MyStory will not approve any additional payment plans if an outstanding balance remains due. In the event of default under these Terms, if you fail to remedy the default within 15 days of receiving notice, MyStory may declare the entire outstanding balance immediately due and payable. This may be enforced directly or in coordination with a third party. MyStory reserves the right to report any late payments to credit reporting agencies and to employ collection agencies for the recovery of outstanding balances. MyStory also reserves the right to cancel any services in progress and/or reclaim any products or services provided to you, as applicable. This shall be in addition to, and shall not limit, any rights MyStory has under these Terms. Even if services are canceled or products are repossessed, you will still be responsible for paying the remaining balance under these Terms.
7. Termination
7.1 Termination by Customer: The Customer may terminate the project at any time, subject to the payment of any outstanding fees for services rendered up to the point of termination.
7.2 Termination by MyStory: MyStory reserves the right to terminate the project if the Customer fails to comply with these Terms or if there is a breach of the agreed-upon payment terms. Additionally, MyStory reserves the right to cancel the project at any time and for any reason deemed appropriate, including but not limited to disrespectful behavior towards company staff or representatives. In the event of such cancellation, you will be responsible for any outstanding balances incurred up to the date of cancellation, and no refunds will be provided for any payments made.
8. Miscellaneous
8.1 Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles. By engaging in the services provided by MyStory Biographies LLC, you acknowledge and agree to be bound by the terms and conditions set forth in these Terms. Engagement in MyStory's services constitutes acceptance of all terms and conditions outlined herein.
9. Publishing Assistance
9.1 Publishing Services: MyStory offers to publish the Customer's book, if included in their package. We will create accounts on relevant publishing mediums and connect the Customer's bank account to receive direct payments from the publishing medium.
10. Referral Program Terms and Conditions
10.1 Program Overview: MyStory introduces a Referral Program, offering rewards for referrals leading to new clients purchasing Premium or Ultimate packages.
10.2 Reward Eligibility: Referrals resulting in new clients who pay upfront for Premium or Ultimate packages qualify for a reward worth 10% of the package's total value.
10.3 Referral Definition: A qualifying referral is a new client who purchases a Premium or Ultimate package on an upfront payment basis due to the referral.
10.4 Reward Distribution: Rewards are issued within 90 days after confirmation of the referred client's upfront payment, either as a reduced balance or cash payment.
10.5 Referral Tracking: Precise information about the referred client must be provided for accurate tracking.
10.6 No Referral Limits: There is no cap on the number of referrals and each eligible referral will receive a separate reward.
10.7 Exclusions: MyStory employees and immediate family members cannot participate in the referral program.
10.8 Program Modification: MyStory reserves the right to modify or terminate the referral program at any time, with earned rewards being honored.
10.9 Dispute Resolution: Contact your Project Manager for any disputes or concerns related to the referral program.
10.10 Terms: Participation in the referral program implies agreement to these terms and conditions.
11. Rights Retention
11.1 Retention of Rights: MyStory retains the rights to the book until the full price of the package has been paid off by the Customer.
12. Content Collection and Deadlines
12.1 Collection Process: Content for the story, whether obtained via interview, recording submission, or through the portal, must be completed within 90 calendar days from the start of the project.
12.2 Extension Fee: Should the content collection process exceed 90 days, an extension fee of $250.00 will be charged to the client's account.
12.3 Release of Manuscript: Until all fees are paid, MyStory is unable to release the manuscript for review, revisions, or publishing.
13. Best-Seller Guarantee for Applicable Packages
13.1 The parties acknowledge that these Terms do not guarantee a specific number of book sales during the bestseller campaigns.
13.2 MyStory Biographies LLC guarantees that the Author's book will achieve Amazon bestseller status during the agreed-upon campaigns or will refund the Author two (2) times the full amount paid for the project. Upon the issuance of a full refund, the Customer forfeits all rights to the book, but will receive all their money back within 3-5 business days. This is only applicable for customers who have purchased a package with the best seller launch. MyStory commits to achieving a bestseller status for the biographies it publishes, under the following terms: A "bestseller" is defined as a book that reaches the top ten bestselling books in its published category on Amazon.com. The determination of bestseller status is based on the official Amazon.com Best Sellers lists and rankings, which are publicly accessible.
13.3. Pricing Requirements:
13.4 The Author agrees to maintain the designated price point for their ebook as established by MyStory throughout the entire duration of the bestseller campaign.
13.5 After the launch concludes and the Author achieves bestseller status, they retain the right to set their ebook price at any amount.
13.6. Launch Fee:
13.8 The launch fee covers the cost of promotional activities, marketing strategies, and other services aimed at achieving bestseller status.
13.9. Rights and Obligations:
13.9.0 MyStory Biographies LLC retains the right to utilize various marketing and promotional strategies to enhance book visibility and sales. MyStory retains the right to select the category in which the book will be published on Amazon. This selection will be based on MyStory's assessment of the most appropriate and beneficial category for the book, ensuring optimal visibility and alignment with the content.
13.9.1 The Author agrees to cooperate with MyStory Biographies LLC and provide necessary materials and information to facilitate the bestseller campaign.
13.9.2 A mandatory fee of $39.00 per month is required to ensure ongoing compliance with Amazon and Barnes & Noble after your book is published. This fee allows our dedicated team to continuously monitor your book's performance and status on both platforms, addressing any issues that may arise to ensure your publication remains in good standing. This fee will be charged monthly for the duration of your book's presence on these platforms.
14. Web Hosting Costs for Ultimate Package
14.1 Hosting Costs: Customers who purchase the Ultimate Package must assume the cost of web hosting for the domain associated with their book.
14.2 Cost Details: This cost is generally only a few dollars a month, but will remain a charge as long as the website is online.
By engaging with MyStory's Services, you acknowledge that you have read, understood, and agreed to these Terms of Service. MyStory reserves the right to amend or modify these terms and conditions at any time. By continuing to use MyStory's services after any amendments are made, you automatically accept and agree to be bound by the revised terms without requiring further notice. It is your responsibility to periodically review the terms for any updates or changes. If you have any questions or concerns, please contact your account manager. Any dispute, claim, or controversy arising out of or in connection with these Terms, including but not limited to its formation, performance, or termination, shall be resolved through binding arbitration. The arbitration shall be conducted in accordance with the rules of the American Arbitration Association (AAA) then in effect. The arbitration shall take place in Houston, Texas. The arbitrator’s decision shall be final and binding upon the parties, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. By agreeing to these Terms, you forfeit your right to handle any disputes in a court of law. These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles. By engaging in the services provided by MyStory Biographies LLC, you acknowledge and agree to be bound by the terms and conditions set forth in these Terms. Engagement in MyStory's services constitutes acceptance of all terms and conditions outlined herein.
Thank you for choosing MyStory for your custom book writing and publishing needs. We look forward to collaborating with you to bring your unique narrative to life.