STORYBYTE365

Terms of Service & Acceptable Use Policy

Version: 1.2 — Proposed Final Draft

Effective Date: October 29, 2026

Last Updated: October 29, 2026

Legal Operator: BreakOut365 LLC

1. Acceptance of Terms

StoryByte365 (“StoryByte365,” “Platform,” or “Service”) is an AI-assisted cinematic storytelling platform operated by BreakOut365 LLC (“Company,” “we,” “our,” or “us”).

By creating an account, purchasing a subscription, or accessing or using StoryByte365, you (“User” or “Account Holder”) agree to these Terms of Service, the Acceptable Use Policy, our Privacy Policy, and any applicable subscription terms.

Users must be at least 18 years of age and legally capable of entering into this agreement.

Anyone registering on behalf of a business, agency, or organization represents that they have authority to bind that entity to these Terms.

Account Holders are responsible for ensuring that their authorized users and collaborators comply with this agreement.

2. Strict Prohibited Content Policy

ZERO TOLERANCE: NO PORNOGRAPHY. NO CHILD SEXUAL EXPLOITATION. NO ILLEGAL CONTENT.

StoryByte365 strictly prohibits the creation, upload, generation, storage, publication, promotion, or distribution of:

Pornographic or sexually explicit content.
Child sexual abuse or exploitation material, including prohibited AI-generated depictions.
Sexualized depictions of minors.
Nonconsensual intimate imagery.
Unlawful deepfakes, impersonation, or identity misuse.
Content promoting or facilitating criminal activity, fraud, terrorism, or human trafficking.
Credible threats, unlawful harassment, and content promoting unlawful violence.
Material that unlawfully infringes copyrights, trademarks, privacy, publicity, or other protected rights.
Any other unlawful material or activity.

These restrictions apply to all prompts, scripts, images, audio, videos, uploads, AI outputs, private projects, and publicly shared content.

Lawful fictional material containing non-explicit mature themes is not automatically prohibited, but all content remains subject to these Terms.

BreakOut365 LLC reserves the right to immediately reject, restrict, disable, or remove prohibited content and suspend or terminate accounts involved in serious violations, subject to applicable law.

3. Account Holder Responsibility for Content

EACH ACCOUNT HOLDER IS RESPONSIBLE FOR THE CONTENT THEY SUBMIT, REQUEST, GENERATE, EDIT, PUBLISH, DISTRIBUTE, OR OTHERWISE USE THROUGH STORYBYTE365.

This responsibility includes:

Scripts, storylines, characters, and creative materials.
AI-generated videos, images, music, voices, and other outputs.
Copyrights, trademarks, and intellectual property rights.
Permissions to use identifiable people's images, names, voices, and likenesses.
Privacy, publicity, confidentiality, and consent requirements.
Advertising statements, endorsements, and other factual representations.
Content published through AI X Network or third-party services.
Lawful use of uploaded, licensed, or generated materials.

Users represent and warrant that they have obtained the rights, licenses, consents, and permissions necessary for their submissions and intended uses.

Users must independently review generated outputs for factual accuracy, legality, appropriateness, and possible infringement before publication.

StoryByte365 does not provide legal clearance, copyright clearance, or a guarantee that generated material is lawful for every intended use.

Providing AI-generation tools, hosting, or publishing functionality does not by itself mean that BreakOut365 LLC approves, endorses, or assumes responsibility for a user's content.

Nothing in these Terms eliminates responsibilities imposed on BreakOut365 LLC by applicable law.

4. AI-Generated Content, Ownership, and Licenses

Users retain the ownership rights they legally possess in their original uploaded creative materials.

BreakOut365 LLC does not claim ownership of users' original creative work solely because it was submitted to StoryByte365.

Rights in AI-generated outputs depend on applicable law, underlying AI models, third-party media licenses, and relevant contractual provisions.

AI-generated outputs may not be unique, error-free, or eligible for copyright protection.

Users acknowledge that similar or identical outputs may be generated for other users.

Users grant BreakOut365 LLC a limited, nonexclusive license to host, process, reproduce, modify as technically necessary, and transmit submitted materials for the purposes of operating the Service, fulfilling authorized user requests, complying with applicable law, and enforcing these Terms.

The handling and retention of content by StoryByte365 and its authorized service providers will be described in the applicable Privacy Policy.

Private projects will not be used in public promotional materials without the necessary permission.

5. Account Registration and Security

Users must provide accurate registration information and keep their credentials secure.

Account Holders are responsible for authorized activities under their accounts, including the activities of invited collaborators, employees, or contractors acting under their authority.

Users must promptly report suspected unauthorized access to [email protected].

Users may not share access in violation of their plan, impersonate another person, or attempt to circumvent security controls.

An Account Holder is not automatically responsible for losses caused by BreakOut365 LLC's own legally actionable security failures.

6. Subscription Plans and Billing

StoryByte365 may offer Creator, Pro, Studio, Agency, and other subscription plans.

The applicable price, billing period, video credits, usage limits, included integrations, and additional fees will be disclosed before purchase.

Automatic Renewal

If a subscription includes automatic renewal, it will continue for the disclosed renewal period unless canceled.

StoryByte365 will obtain required affirmative consent and provide applicable renewal disclosures, acknowledgments, and notices.

Cancellation

Users may cancel future automatic renewals through the cancellation methods provided by StoryByte365 and required by law.

Where required, subscriptions purchased online will have an accessible online cancellation method.

Cancellation prevents future renewal charges but does not automatically refund payments already made.

Applicable cancellation deadlines and continued-access terms will be disclosed before purchase.

7. Refund Policy — 14 Calendar Days

ALL VOLUNTARY REFUND REQUESTS MUST BE SUBMITTED WITHIN FOURTEEN (14) CALENDAR DAYS OF THE APPLICABLE PAYMENT DATE.

This deadline applies separately to initial subscription purchases, renewals, and eligible additional purchases.

AFTER FOURTEEN (14) CALENDAR DAYS, PAYMENTS ARE FINAL AND NON-REFUNDABLE, EXCEPT WHERE A REFUND OR OTHER REMEDY IS REQUIRED BY APPLICABLE LAW.

Refund Eligibility During the First 14 Days

Requests received within the 14-day period will be reviewed in good faith. Refunds may be approved for:

Duplicate or incorrect charges.
Material inability to access a purchased service due to a problem attributable to StoryByte365 that cannot reasonably be remedied.
Eligible unused purchases canceled within the refund-request window.
Other circumstances approved by BreakOut365 LLC or required by applicable law.

A 14-day request window does not constitute an unconditional 14-day money-back guarantee.

To the extent permitted by law and disclosed before purchase, completed custom work, consumed AI-generation credits, and services already delivered may affect discretionary refund eligibility or the refundable amount.

No Refunds After 14 Days

After the 14-day deadline, unused video credits, partially used subscriptions, and changes of mind do not independently create refund entitlements.

Statutory consumer rights, valid billing-error claims, and legally protected payment disputes remain unaffected.

Refund Contact: [email protected]

Approved refunds will ordinarily be returned through the original payment method.

8. Video Credits and Usage Limitations

Video-generation credits, applicable quotas, consumption rates, expiration rules, and additional-credit charges are governed by the selected plan and purchase disclosures.

StoryByte365 may enforce fair-use limits and restrictions reasonably necessary for security, capacity management, and prevention of abuse.

Any material changes affecting existing paid subscriptions will be handled in accordance with applicable law and disclosed contractual terms.

Unlimited eligible AI X Network destination integrations do not mean unlimited AI video generation.

9. AI X Network and Third-Party Publishing

Eligible subscriptions may support content sharing with participating AI X Network destinations, including:

BookExpo365
Startup365
LocalBiz365
StayHealthy365
HybridEvent365

Integration availability depends on the applicable subscription, technical capabilities, publishing permissions, and destination requirements.

Users are responsible for the content they authorize for distribution.

StoryByte365 does not guarantee acceptance, audience growth, engagement, referrals, sales, or financial results from integrations or other distribution channels.

10. Third-Party AI Providers

StoryByte365 may use third-party artificial intelligence models, infrastructure, hosting providers, and other services.

Available capabilities may depend on external providers and their applicable licensing and usage restrictions.

Users acknowledge that AI-generated content can include technical defects, inconsistencies, inaccurate representations, and unintended similarities to existing material.

Users must verify suitability and compliance before relying on or distributing generated outputs.

11. Content Moderation and Enforcement

BreakOut365 LLC may investigate content or account activity reasonably suspected of violating these Terms.

Available enforcement measures include:

Rejecting prohibited content requests.
Restricting or removing uploaded or generated materials.
Suspending publishing, export, or integration privileges.
Temporarily suspending accounts.
Permanently terminating accounts for serious or repeated violations.
Preserving or reporting information when required or permitted by law.

Serious violations involving child sexual exploitation, illegal pornography, or other unlawful activity may result in immediate action.

Users may submit an appeal or request for review through [email protected].

The Company's right to moderate content does not create a guarantee that all unlawful or objectionable content will be detected or prevented, nor does it eliminate any independent legal obligations.

12. Prohibited Platform Conduct

Users may not compromise platform security, introduce malware, circumvent safety controls, exploit billing systems, engage in unauthorized access or scraping, facilitate spam or fraud, or resell platform access without authorization.

Users must not use automation to abuse generation services or evade account restrictions.

13. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, STORYBYTE365 IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

BreakOut365 LLC does not guarantee:

Uninterrupted or error-free Service.
Particular AI-generation quality or accuracy.
Copyright eligibility or exclusivity of generated content.
Commercial success, audience engagement, referrals, or sales.
Continuous availability of external AI providers or integrations.
That generated outputs are suitable for every commercial or legal purpose.

Users remain responsible for assessing the suitability of generated content for their intended purposes.

Nothing in these Terms excludes legally non-waivable warranties or consumer protections.

14. Limitation of Liability

14.1 Maximum Aggregate Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF BREAKOUT365 LLC, STORYBYTE365, AND THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, SHALL NOT EXCEED:

ONE HUNDRED UNITED STATES DOLLARS (US$100) IN TOTAL.

This is a single cumulative cap for all covered claims, rather than a separate cap for each claim, incident, or transaction.

The cap applies only to liabilities that may lawfully be limited.

14.2 Responsibility for User Content

Users bear responsibility for their own unlawful, infringing, defamatory, deceptive, or otherwise unauthorized content and conduct.

To the maximum extent permitted by law, BreakOut365 LLC shall not be liable merely because a user employed its technology to create or distribute such content.

The Company does not assume responsibility for obtaining licenses, third-party consents, publicity rights, or other clearances on behalf of users unless it has expressly agreed otherwise in writing.

14.3 Exclusion of Certain Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BREAKOUT365 LLC SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST BUSINESS OPPORTUNITIES, LOST REVENUE, BUSINESS INTERRUPTION, OR REPUTATIONAL HARM.

This exclusion applies only where legally permitted.

14.4 Third-Party Claims

Account Holders acknowledge that content they submit, generate, publish, or distribute may give rise to claims by rights holders, individuals, regulators, or other parties.

StoryByte365 does not provide intellectual property insurance or guarantee protection from third-party claims.

The Account Holder's contractual responsibilities do not eliminate any independent liability of BreakOut365 LLC under applicable law.

14.5 Mandatory Exceptions

NOTHING IN THIS AGREEMENT EXCLUDES OR LIMITS LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED.

This includes, where applicable, liability for fraud, intentional misconduct, gross negligence, personal injury, statutory violations, or other conduct for which applicable law prohibits limitation.

If a liability limitation is determined to be invalid or unenforceable, it will be restricted only to the extent required by law.

15. User Indemnification and Defense

15.1 Business and Organizational Accounts

To the extent permitted by law, Account Holders using StoryByte365 for business, professional, agency, or organizational purposes agree to defend, indemnify, and hold harmless BreakOut365 LLC and its affiliates, officers, directors, employees, and agents against third-party claims, liabilities, damages, judgments, reasonable settlements, and reasonable legal expenses arising from:

Content uploaded, generated, published, or distributed by the Account Holder or authorized users.
Copyright, trademark, privacy, publicity, confidentiality, or other rights violations attributable to their content or conduct.
Unauthorized use of protected images, voices, recordings, music, scripts, or personal information.
Material violations of these Terms.
Fraudulent, unlawful, or deceptive activity attributable to the Account Holder.
Content the Account Holder directs StoryByte365 to publish through connected destinations.

15.2 Individual Consumer Accounts

For individual consumers, any defense or indemnification obligation applies only to the extent permitted by applicable consumer protection and contract law, including in connection with the consumer's own unlawful conduct or infringement of third-party rights.

15.3 Claim Handling

BreakOut365 LLC will provide reasonably prompt notice of a covered third-party claim.

The parties will reasonably cooperate in the defense. Any party controlling the defense must use competent counsel.

No settlement may impose an admission of wrongdoing, nonmonetary obligation, or unreimbursed payment on BreakOut365 LLC without its prior written consent, which will not be unreasonably withheld.

Failure to provide prompt notice relieves the indemnifying party only to the extent materially prejudiced, where permitted by law.

15.4 Exceptions

Indemnification does not extend to claims attributable to BreakOut365 LLC's own independent wrongful conduct to the extent prohibited by law.

15.5 Separate User Obligations

The Company's $100 aggregate liability cap does not automatically cap an Account Holder's lawful payment obligations or enforceable indemnification duties, to the extent permitted by applicable law.

16. Copyright and DMCA Notices

StoryByte365 respects intellectual property rights and maintains a process for receiving copyright complaints.

Copyright owners or authorized representatives may submit notices identifying allegedly infringing material, the protected work, its location, and other information required by applicable law.

Copyright / DMCA Contact

StoryByte365 Legal
c/o BreakOut365 LLC
350 Sansome St, Suite 820
San Francisco, CA 94104
Email: [email protected]

StoryByte365 may remove or disable access to allegedly infringing content and may terminate repeat infringers in appropriate circumstances.

Eligible copyright notices and counter-notices will be handled according to applicable procedures.

Any DMCA designated-agent registration required for statutory safe-harbor eligibility must be completed and maintained separately.

17. Content Storage, Retention, and Deletion

Users should retain backup copies of important scripts, videos, and other projects.

Storage and export capabilities depend on the Service and applicable subscription.

Account termination may affect project availability.

Data handling, retention, deletion, and privacy rights are subject to the Company's Privacy Policy and applicable law.

18. Suspension and Termination

Users may stop using the Service and cancel subscriptions under the applicable cancellation terms.

BreakOut365 LLC may suspend or terminate accounts for material breaches, serious safety violations, fraudulent activity, or other lawful grounds.

Termination does not automatically entitle a customer to a refund.

Nothing in this provision overrides applicable refund laws, valid consumer rights, or the Company's own legal obligations.

Provisions that by their nature should survive termination—including lawful payment obligations, intellectual property protections, applicable liability limitations, and enforceable indemnification obligations—will survive to the extent permitted by law.

19. Governing Law and Disputes

These Terms are governed by the laws of the State of California, excluding conflict-of-laws principles, subject to applicable mandatory consumer protections.

To the extent legally permissible, disputes shall be brought before courts of competent jurisdiction in San Francisco County, California.

Nothing in this section deprives consumers of courts, remedies, or procedural rights that cannot lawfully be waived.

20. Updates, Severability, and Entire Agreement

BreakOut365 LLC may update these Terms to reflect legal, safety, technical, and operational changes.

Material changes will be communicated and additional consent obtained when legally required.

If any provision is found unenforceable, the remaining provisions will continue in effect to the extent permitted by law.

These Terms, together with the referenced Privacy Policy and applicable subscription terms, constitute the agreement concerning the Service, except where a separately executed agreement expressly supersedes them.

21. Official Company Information

StoryByte365
Operated by BreakOut365 LLC

Business Address
350 Sansome St, Suite 820
San Francisco, CA 94104

Customer Support
[email protected]

Billing and Refund Requests
[email protected]

Our Content Safety Commitment

StoryByte365 exists to empower creative storytelling and responsible AI innovation.

Create Boldly. Respect Others. Follow the Law.

No Pornography. No Child Sexual Exploitation. No Illegal Content.

Account Holders are responsible for the lawful content they create, upload, and publish.

Refund requests must be submitted within 14 calendar days of payment. No refunds after 14 days, except as required by law.