Home / About / What We Do / UHNWI stories / Publisher Agreement

Publisher Agreement

Effective Date: September 02, 2024

Welcome Storytellers!

TO REQUEST A COPY OF THIS PUBLISHER AGREEMENT, PLEASE SEND AN EMAIL TO LEGAL@UHNWIDATA.COM

Welcome to UHNWI data! We’re thrilled that you’ve chosen to share your story with us. 

This Publisher Agreement (“Agreement”) is a binding contract between you and UHNWI data (“we”, “us”, “our”). It contains the rules and restrictions that govern your use of UHNWI data’s products and services (referred to below simply as “UHNWI stories”) to publish and distribute content to the web. If you use UHNWI data for this purpose, you are a Storyteller. In this Agreement, we refer to people who will pay for your publications Beneficiary. 

Using UHNWI stories in any way means that you agree to this Agreement, and this Agreement will remain in effect while you use UHNWI stories. This Agreement includes everything in this document, as well as those in the Terms of Use, Privacy Policy, Content Guidelines, Copyright Dispute Policy, and all other rules and procedures that may be published from time to time by us on UHNWI data. In the event of any conflict between this Agreement and any other terms and conditions you have agreed to with UHNWI stories, this Agreement will prevail with respect to its subject matter. 

You must be of legal age to form a binding contract to use UHNWI data. You may not and must not use UHNWI stories if you are under 16 years old.

The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children.  We do not knowingly collect or solicit personally identifiable information from children under 16; if you are a child under 16, please do not attempt to register for UHNWI data or send any personal information about yourself to us. 

If we learn we have collected personal information from a child under 16, we will delete that information as quickly as possible.  If you believe that a child under 16 may have provided us personal information, please contact us at privacy@uhnwidata.com.

If you’re agreeing to this Agreement on behalf of an organization or entity, you must be authorized to agree to this Agreement on that organization or entity’s behalf and bind them to this Agreement (in which case, the references to “you” and “your” throughout this document refer to that organization or entity).

If you don’t agree to all of the following, you may not use or access UHNWI stories in any manner. If you have any questions, comments, or concerns regarding the Agreement or our products and services, please contact us at uhnwistories@uhnwidata.com.

Ownership

First and foremost, you own what you share. Any original content you post, upload, share, or otherwise provide to UHNWI stories remains yours and is protected by copyright and any other applicable intellectual property laws.

However, please note that you agree to grant us a limited license to your content in order to enable us to operate UHNWI data. This license allows us to promote your content and help you succeed on UHNWI stories. 

You agree that this limited license includes a worldwide, nonexclusive, sublicensable, royalty-free, fully paid-up, transferable right (a) to market your publications and to permit others to use, access, and download your publications through UHNWI stories, and (b) to use your tradename(s), trademark(s), and logo(s) in connection with the distribution and marketing of publications. For further details, please see “Posting Content on UHNWI stories” in the Terms of Use, which is incorporated into this Agreement by reference. 

Pricing and Payments

You may offer your publications for free, or for a fee, to be determined at your discretion. You will be able to set and the prices during the UHNWI stories submission process. 

If you choose to charge a fee for your publication, you agree to the following:

  • No Circumvention: You agree to process payments from Beneficiaries only in the manner determined by us. This includes using the third-party payment processing platform (“Payment Processor”) we choose, and following any other rules we specify. You may not circumvent your payment obligations to us by soliciting payment from a Beneficiaries outside of UHNWI stories or by using any alternative method to collect the payments. This includes receiving payments for your publication through links to PayPal or by any alternative methods.  You agree to notify us immediately if you receive any such offer or solicitation to circumvent your payment obligations by contacting uhnwistories@uhnwidata.com.

  • Taxes: You agree that you shall bear and be responsible for any and all applicable federal, state, local, and foreign taxes, duties, tariffs, levies, withholdings, and similar assessments (including without limitation, sales, use, and value added taxes) related to your publication.

  • Revenue Share: You agree to pay us a percentage of the total amount charged by you to Beneficiaries (the “Revenue Share”). The remaining amount, after any fees deducted by the Payment Processor, will be retained by you. The Revenue Share percentage is set between you and UHNWI data during submission of your story. 

  • Revenue Share Payment: During the term of this Agreement, the Payment Processor will pay the Revenue Share owed to us and deduct any applicable fees on a rolling basis as you process subscription payments from Beneficiaries. You agree to these payments and further agree that all Revenue Share payments are non-refundable.

  • Information Upon Request: You will provide us with all requested data or information about you and your publications. This includes all payment and tax identification information, and you will ensure this information is accurate and up-to-date.

Relationships with Beneficiaries

You agree to the following rules around your relationships with Beneficiaries and other users of UHNWI stories:

  • Sole Responsibility: You agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) any publications you distribute through HNWI stories and for the consequences of your actions by doing so. This means that you acknowledge and agree that you are solely responsible for ensuring distribution of your publications, our actions under this Agreement are solely to assist you in facilitating distribution. 

  • Deleting a Publication: You may request deletion of your publications from UHNWI stories at your discretion. We are under no obligation to issue any refunds to you or your Beneficiaries and we are entitled to keep any and all portions of any Revenue Share you have paid UHNWI stories.

  • Disputes: If there is a dispute between you and a user about payments or any other issue, you agree we are under no obligation to become involved and that we will not be held liable for any such dispute. We are not liable for your relationship with users, and we won’t provide you with any legal advice regarding such matters.

  • Reporting a User: You can flag that a user that is violating our Terms of Use by sending an email to uhnwistories@uhnwidata.com. After you provide us with written notice of this violation, we will determine whether this user’s access to some or all of your publications should be suspended or terminated. We will also decide at our sole discretion whether this user’s access to the rest of UHNWI stories will be suspended or terminated.

  • Support: You shall provide to us a current email address to which we may direct inquiries from Beneficiaries and other UHNWI stories users regarding your publications.

Acceptable Use

You are responsible for all your activity in connection with UHNWI stories! 

Make sure that you use UHNWI stories in a manner that complies with the law and is permitted by this Agreement. If your use of UHNWI stories is prohibited by applicable laws, then you aren’t authorized to use UHNWI stories. We can’t and won’t be responsible for you using UHNWI stories in a way that breaks the law.

You also represent and warrant that you will not publish publications or otherwise use UHNWI stories in a manner that:

  • is fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, or in any way violates UHNWI stories’ Content Guidelines;

  • interferes with, disrupts, damages, or accesses in an unauthorized manner the devices, servers, networks, or other properties or services of UHNWI stories or any third party;

  • infringes, violates, or misappropriates any law, statute, ordinance or regulation or rights of any third party;

  • spreads a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program.

Please review the “Acceptable Use Policy” detailed in the Terms of Use, as those rules are also incorporated into this Agreement by reference. 

Limitation of Liability

To the fullest extent allowed by applicable law, under no circumstances and under no legal theory shall UHNWI stories, its licensors, or its suppliers be liable to you or to any other person for:

  • Any indirect, special, incidental, or consequential damages of any kind, or

  • Any amount, in the aggregate, in excess of the greater of (1) $100 or (2) the amounts paid and/or payable by you to us in connection with UHNWI stories in the twelve-month period preceding the applicable claim. 

No Warranties

UHNWI stories is provided to you on an “as-is” basis. This means we provide it to you without any express or implied warranties of any kind. That includes any implied warranties of merchantability, warranties of fitness for a particular purpose, non-infringement, or any warranty that the use of UHNWI stories will be uninterrupted or error-free.

Privacy

UHNWI stories takes privacy very seriously and is committed to processing your personally identifiable information (“Personal Information”) and that of other UHNWI stories users in accordance with applicable privacy and data protection legislation. For more information on how we process Personal Information please see our current UHNWI stories Privacy Policy.

Consistent with our own Privacy Policy, we may collect certain data on how Readers engage with Storyteller’s content. We will share, at our sole discretion, some of this information with you, including pageviews, open rates, Reader counts, and referral data. You agree that UHNWI stories is under no obligation to share this data with you.

Please note that our Privacy Policy only applies to the processing of Personal Information by UHNWI stories as a data controller, meaning whenever we process Personal Information for our own purposes. Where UHNWI stories processes Personal Information on behalf of you as a Storyteller, UHNWI stories qualifies as a data processor and you qualify as a data controller for the purposes of applicable data protection law that uses these terms.

In that case the following terms apply to such data processing:

  • Each party shall comply with their respective statutory or regulatory data protection obligations.

  • UHNWI stories shall process Personal Information in accordance with your instructions. UHNWI stories shall have no liability whatsoever for violations of privacy and data protection laws that arise as a result of UHNWI stories following your instructions under the Agreement.

  • If you collect, use, store or otherwise process Personal Information provided by or collected from UHNWI stories users, you must do so securely and only for as long as it is needed and always in accordance with applicable privacy and data protection laws. 

  • You are solely responsible for complying with any laws and regulations that apply to your processing of Personal Information on the UHNWI stories platform. if appropriate. 

  • You shall ensure that all Personal Information that you supply or disclose to UHNWI stories has been obtained fairly and lawfully and that you have obtained all necessary consents and/or privacy notices required to permit UHNWI stories to fulfil its obligations under this Agreement.

  • If you are based in the European Economic Area (“EEA”) or the United Kingdom (“UK”), the processing of Personal Information by UHNWI stories on your behalf shall be governed by the terms of the data processing addendum attached to this Publisher Agreement as Annex 1.

  • If you are a business for the purposes of the California Consumer Privacy Act of 2018 (“CCPA”), you may elect to have us act as your CCPA service provider. Contact us at privacy@uhnwidata.com to receive a copy of our service provider agreement.

To the fullest extent allowed by applicable law, you agree to indemnify and hold UHNWI stories, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims (including but not limited to fines or other sanctions imposed by data protection authorities) for any violations of this Publisher Agreement or applicable privacy and data protection laws attributable to you.

Subprocessors

Due to the nature of UHNWI data’s business our business needs and sub-processors may change from time to time. For example, we may need to remove a sub-processor to consolidate and minimize our use of sub-processors. Similarly, we may add a sub-processor if we believe, at our discretion, that doing so will improve our ability to deliver our services.

We will periodically update our sub-processors, as provided under Annex III, to reflect additions and removals to our list of our sub-processors. To receive email notifications of updates, as provided under Annex III, please contact Privacy@uhnwidata.com.

Under the terms of our Data Processing Agreement (DPA), a Storyteller may reasonably object in writing to the processing of its personal data by a new sub-processor within 30 days following the update of this page. If a Storyteller does not object during the 30-day time period, the appointment of the new sub-processor shall be deemed accepted by the Storyteller.

Terminating Your Account

Either party may terminate this Agreement at any time for any reason. Upon such termination of this Agreement, your right to use UHNWI stories will immediately cease.  

We may terminate this Agreement or terminate, suspend, or restrict your access to or use of UHNWI stories at any time, for any reason. Reasons that may lead to us terminating or restricting access to UHNWI stories include a breach of any of the terms or conditions of this Agreement, your offensive or unacceptable behavior, objectionable material, or any other actions in violation of guidelines we specify. We will notify Storytellers as soon as reasonably practicable if Creators’ access to UHNWI stories is suspended or substantially limited due to technical problems with the platform. 

You agree that this means that publications (or any content therein) may be removed from UHNWI stories at any time in our discretion. You also agree that we retain the right to immediately halt the distribution of publications at our discretion. 

Changes to this Agreement

We are constantly trying to improve our products and services, so this Agreement may need to change along with UHNWI stories. We reserve the right to change the Agreement at any time, but if we do, we will bring it to your attention by placing a notice on the website, by sending you an email, and/or by some other means. 

If you don’t agree with the new Agreement, you are free to reject them; unfortunately, that means you will no longer be able to use UHNWI stories. If you use UHNWI stories in any way after a change to the Agreement is effective and notice has been provided, that means you agree to all of the changes. Except for changes by us as described here, no other amendment or modification of this Agreement will be effective unless in writing and signed by both you and us. 

Miscellaneous Terms

The above covers most of the questions that we typically receive about UHNWI stories. We have grouped provisions that come up less frequently below:

  • Indemnification: To the fullest extent allowed by applicable law, you agree to indemnify and hold UHNWI stories, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of UHNWI stories (including any actions taken by a third party using your account), and (b) your violation of this Agreement. In the event of such a claim, suit, or action, we will attempt to provide notice to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

  • Assignment: You may not assign, delegate or transfer this Agreement or your rights or obligations hereunder in any way (by operation of law or otherwise) without our prior written consent. We may transfer, assign, or delegate this Agreement and our rights and obligations without consent.

  • Choice of Law: This Agreement is governed by and will be construed under applicable federal law and the laws of the State of New York, without regard to the conflicts of laws provisions thereof.

  • Arbitration: This Agreement will be construed under the laws of the State of New York, without regard to conflicts of law provisions thereof. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in New York County, New York, using the English language in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Streamlined Arbitration Rules and Procedures of JAMS. Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, New York County, New York. The prevailing party in any action or proceeding arising out of this Agreement will be entitled to an award of costs and attorneys’ fees.

  • No Third-Party Beneficiaries: We agree there are no third-party beneficiaries intended under this Agreement.

  • No Joint Venture: You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of UHNWI data, and you do not have any authority of any kind to bind us in any respect whatsoever. 

  • Waiver: The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. 

  • Severability: If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that this Agreement shall otherwise remain in full force and effect and enforceable.

  • Survival: You agree that the terms under the heading “Privacy”, “Sole Responsibility”, “Acceptable Use”, “Indemnification”, “Deleting a Publication”, “No Warranty”, “Limitation of Liability”, “Assignment”, “No Joint Venture”, “Severability”, “Arbitration”, and “Entire Agreement”, and any payment obligations incurred shall survive termination of this Agreement.

  • Entire Agreement: You agree that this Agreement is the complete and exclusive statement of the mutual understanding between you and us, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement. 

ANNEX 1

Data processing addendum (DPA)

This data processing addendum (“DPA”) forms part of the Publisher Agreement and is entered into between UHNWI data (as data processor) and the Storyteller (as data controller).

The terms of this DPA only apply if the Creator is based in the European Economic Area (“EEA’), in the United Kingdom (“UK”); or where, in the course of providing services to the Storyteller under the Publisher Agreement, UHNWI data processes personal data on behalf of the Storyteller within the meaning of Articles 4(2) and 28 of the EU General Data Protection Regulation (“GDPR”) or its UK equivalent.

Additional Definitions.  For the purpose of this DPA the terms “personal data”, "processing", “data subject”, "controller" and "processor" have the meanings given to them in the GDPR or applicable data protection laws to which the Personal Information may be subject to the extent that such concepts exist in such laws.

“EU Standard Contractual Clauses” or “EU SCCs” shall mean the standard contractual clauses for the transfer of personal data to third countries pursuant to the GDPR, adopted by the European Commission under Commission Implementing Decision (EU) 2021/914, including the text from module two ;  .

“Standard Contractual Clauses” or “SCCs” means the EU Standard Contractual Clauses and/or the UK Standard Contractual Clauses (as applicable and consistent with the clarifying terms agreed by the Parties and set forth herein).

“UK Standard Contractual Clauses” (“UK SCCs”) means, collectively, the EU SCCs, consistent with the clarifications set forth herein, and the UK’s International Data Transfer Addendum (“UK Addendum”), attached as Annex 4 to the SCCs.

Storyteller obligations. The Storyteller:

  • acknowledges that UHNWI data, UHNWI data affiliates and their respective third party service providers may process personal data in connection with the provision of UHNWI data products and services to the Storyteller (the “Services”). A description of the processing activities performed in connection with the Services in provided in Appendix 1 to this DPA; 

  • is solely responsible for compliance with the applicable data protection laws, including, but not limited to, the lawfulness of disclosing personal data to UHNWI data and the lawfulness of having personal data processed on behalf of Storyteller; and

  • ensures its instructions for processing personal data comply with the applicable data protection laws and the Storyteller shall have sole responsibility for the accuracy, quality and legality of the personal data and the means by which the Storyteller acquired the personal data.

UHNWI data obligations. UHNWI data agrees:

  • to process the personal data for the performance of the Services only in accordance with the documented instructions from the Storyteller as set out in the Publisher Agreement, this DPA or through the settings in the Services, and, without any obligation to perform a legal examination, that it will notify the Storyteller if UHNWI data considers any such processing of personal data to be in violation of any applicable data protection laws;

  • to process the personal data only to the extent, and in such manner, as it is necessary for the provision of the Services;

  • that if it is legally required to process personal data otherwise than as instructed by the Storyteller, it will notify the Storyteller before such processing occurs unless prohibited from doing so by law;

  • to ensure that access to the personal data is limited to those personnel who require such access, and such are bound by, and made aware of, their obligations of confidentiality with respect to protecting personal data; to use its commercially reasonable efforts to provide assistance to the Storyteller upon request and only where the Storyteller cannot do so without UHNWI data’s assistance (i) in fulfilling data subjects’ requests for access, rectification, erasure, data portability or objection, and (ii) in fulfilling its obligations under the applicable data protection laws.

  • to make available information and allowing for and contributing to audits, including inspections and information requests, conducted by the Storyteller or an auditor mandated by the Storyteller upon reasonable written notice and during regular business hours, and in each case with all UHNWI data’s costs and expenses incurred being met by the Storyteller and only always limited to what is necessary to demonstrate compliance with applicable data protection laws;

  • taking into account the state of the art and the costs of implementation, to implement and maintain appropriate technical and organizational measures to ensure a level of security appropriate to the risk to personal data or data subjects, which shall include protecting personal data against accidental or unlawful destruction, loss, alteration, or unauthorized disclosure or access (“Personal Data Breach”). Appendix 2 to this DPA contains a description of these measures and safeguards. Storyteller understands and agrees that these measures are subject to technical progress and development and UHNWI data is therefore expressly allowed to implement adequate alternative measures; and

  • without undue delay notify the Storyteller in writing of any Personal Data Breach and keep the Storyteller informed of related developments. The Storyteller is solely responsible for complying with any notification obligations applicable to the Storyteller. The performance of UHNWI data's obligation to report or respond to a Personal Data Breach under this article is not an acknowledgement by UHNWI data of any fault or liability with regard to the Personal Data Breach.

Use of sub-processors. The Storyteller agrees that:

  • UHNWI data may use sub-processors to provide certain parts of the Services on UHNWI data’s behalf. The Storyteller hereby gives a general written authorization to UHNWI data to engage any sub-processor for the processing of personal data.

  • any sub-processors that are engaged by UHNWI data for the provision of the Services shall be subject to written sub-processor terms with UHNWI data requiring that the sub-processor abides by terms no less protective than this DPA.

  • UHNWI data currently uses the sub-processors included in Appendix 1 to this DPA. UHNWI data may remove or appoint other suitable and reliable sub-processors at its own discretion in accordance with this article. UHNWI data will give at least 6 weeks prior notice of any changes to the list of sub-processors. The Storyteller can object to a sub-processor by using its termination rights under the Agreement. If the Storyteller does not terminate the Agreement within this timeframe, the Storyteller is deemed to have accepted the respective sub-processor.

  • where the sub-processor fails to fulfill its data protection obligations, UHNWI data shall remain similarly liable to the Storyteller for the performance of its obligations under this DPA.

Data transfers from the EEA. The Storyteller understands and agrees that:

  • UHNWI data is based outside of the EEA in the US and that personal data may be transferred to the US or to other countries outside of the EEA provided that the specific conditions for such data transfers in applicable laws have been fulfilled.  

  • Where applicable data protection laws require appropriate safeguards for a transfer of personal data to a third country, and in case no adequacy decision or any other appropriate data transfer mechanism applies, UHNWI data shall enter into SCCs as further specified in Appendix 3 to this DPA. The Storyteller hereby expressly authorizes UHNWI data to enter into SCCs (also) on its behalf and commissions UHNWI data to enforce these SCCs on the Storyteller’s behalf where appropriate.

  • Nothing in this DPA will be construed to prevail over any conflicting clause of any SCCs that have been entered into by UHNWI data and for the prevention of doubt nothing in this DPA varies or modifies the SCCs nor affects any supervisory authority’s or data subject’s rights under the SCCs.

Deletion or return of personal data. On termination of the Publisher Agreement UHNWI data will cease all processing of the personal data on behalf of the Storyteller and will as soon as possible delete the personal data or, if reasonably practicable to do so, return the personal data unless UHNWI data is subject to a legal requirement to store the personal data. UHNWI data has no liability or further obligation to the Storyteller with respect to the deletion of personal data as described in this section.

Miscellaneous

This DPA shall automatically terminate upon any termination or expiration of the Publisher Agreement. If there is any conflict between any provision of this DPA and any provision of the Publisher Agreement or the Terms of Use, this DPA shall prevail. If there is a conflict between this DPA and the SCCs the SCCs shall prevail.