Last Updated: July 8, 2025
Storm Development Privacy Policy
By accessing, using, or engaging with any products, services, or content provided by Storm Development, including but not limited to Storm SS, Storm Optimizations, and any related software, tools, applications, websites, or other offerings (collectively referred to as the "Service"), you (the "User" or "You") agree to be bound by the following Terms of Service ("Terms"). These Terms form a legally binding agreement between you and Storm Development, the provider of the Service (referred to herein as "Storm Development," "Licensor," "We," "Our," or "Us").
By registering for an account, creating a profile, or otherwise signing up to use any products or services offered by Storm Development (the "Service"), you expressly agree to be bound by these Terms of Service, including all policies incorporated herein such as the Arbitration Agreement. You acknowledge that you have had the opportunity to read and understand these Terms, and that your registration constitutes your explicit consent to all terms and conditions contained herein.
If you do not agree to these Terms, you must not register for or use the Service.
By accessing or using the Service, you represent and warrant that you meet the following eligibility requirements:
If you do not meet the eligibility requirements, you must not use or access the Service. Storm Development reserves the right to suspend or terminate access to the Service if we determine that you do not meet these eligibility requirements. Additionally, we may also remove any Personally Identifiable Information associated with the user in accordance with our Privacy Policy.
We reserve the right, at our sole discretion, to modify, update, or change these Terms at any time without prior notice. Such modifications may include changes in the scope of the Service, updates to terms related to the use of the Service, and revisions based on applicable laws or regulations. Any such changes will be effective immediately upon their publication or notification through the Service. By continuing to access or use the Service after the modifications have been made, you acknowledge and agree to the updated Terms. Therefore, it is your responsibility to review these Terms periodically to stay informed about any changes. If you do not agree with the modified Terms, your sole remedy is to stop using the Service.
We reserve the right to terminate, suspend, or restrict your access to the Service or your license to use the Service at our sole discretion, without prior notice, for any reason, including but not limited to violations of these Terms, engaging in unauthorized activities, chargebacks, or acting in a manner that violates our policies, code of conduct, or applicable laws. Such violations may include, but are not limited to, engaging in fraud, misuse, or abuse of the Service, or any other conduct that could damage the reputation or functionality of the Service. We may also terminate, suspend, or restrict your license for any reason we deem appropriate, with or without cause.
You may terminate your use of the Service at any time by ceasing to use the Service and uninstalling any software related to the Service. Upon termination, you must immediately discontinue all use of the Service, remove any related software, and destroy all copies of the Service in your possession. Termination of your access to the Service may result in the loss of access to your license or any data associated with it, and you acknowledge that Storm Development will not be liable for such loss.
In order to provide the Service, Storm Development may collect, store, and process certain personal and non-personal data related to your use of the Service. The types of data collected may include, but are not limited to, user account information, usage data, and technical information related to your device and software. The specific details regarding our data collection practices, as well as how your data is handled, stored, and protected, are outlined in our Privacy Policy, which can be found here.
By using the Service, you consent to the collection and processing of your personal data in accordance with our Privacy Policy. We are committed to safeguarding your privacy and will take reasonable measures to ensure the security of your data. However, by agreeing to these Terms, you understand and accept that no security system is completely foolproof, and we cannot guarantee absolute protection against unauthorized access or breaches.
By using the Service, you agree that any and all disputes, claims, or controversies arising out of or related to these Terms, your relationship with Storm Development, or your use of the Service (collectively, “Disputes”) shall be resolved exclusively through final and binding arbitration administered by the American Arbitration Association (“AAA”), in accordance with its Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes (if applicable), or any successor rules then in effect.
The arbitration shall be conducted before a single arbitrator selected in accordance with the AAA Rules. The arbitration shall take place in Buffalo, New York, USA, unless otherwise agreed by both parties in writing. The arbitrator’s decision shall be final, binding, and may be entered as a judgment in any court of competent jurisdiction.
You and Storm Development agree to waive any right to a trial by jury, to participate in a class action lawsuit, or to bring or participate in any class-wide arbitration. All claims must be brought on an individual basis. Consolidated, representative, or class proceedings are not permitted.
This Arbitration Agreement applies to all claims of every kind and nature, including but not limited to claims involving breach of contract, tort, negligence, misrepresentation, defamation, product liability, statutory violations, intellectual property disputes, and claims that Storm Development is allegedly responsible for harm, losses, or damages resulting from third-party behavior, user conduct, or technical issues.
Each party shall bear its own legal fees and costs unless the arbitrator rules otherwise in accordance with the AAA Rules. In the event any portion of this Arbitration Agreement is deemed unenforceable, the remainder shall remain in full force and effect.
This Arbitration Agreement is governed by the U.S. Federal Arbitration Act (9 U.S.C. §§ 1–16), and shall be interpreted and enforced in accordance with its provisions.
If a court determines that arbitration is not enforceable, or if you opt out of arbitration (if permitted by law), you agree that any such Disputes shall be brought exclusively in the state or federal courts located in Buffalo, New York, and you consent to the jurisdiction of those courts for such purposes.
UK and EU Consumers: If you are a consumer located in the United Kingdom or the European Union, and applicable law prevents enforcement of mandatory arbitration clauses, then this Arbitration Agreement shall not apply to you, and any disputes shall be subject to the jurisdiction of the courts of your country of residence under applicable consumer protection laws.
To the fullest extent permitted by applicable law, Storm Development and its officers, directors, employees, agents, licensors, and affiliates shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, loss of goodwill, business interruption, loss of data, reputational harm, emotional distress, or claims of defamation or libel, whether arising out of or relating to your use of the Service, third-party content, or your interactions with other users.
This limitation of liability applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Storm Development has been advised of the possibility of such damages. In no event shall our aggregate liability for any claim arising out of or related to the Service exceed the total amount paid by you to us, if any, for the use of the Service in the twelve (12) months preceding the event giving rise to the claim.
If you are a consumer located in the European Union or the United Kingdom, nothing in these Terms shall limit or exclude our liability for:
Except for the liabilities listed above, our total liability to you for any claim arising out of or relating to the Service shall be limited to the amount you paid to us for the Service in the twelve (12) months preceding the event giving rise to the claim. This limitation applies to the fullest extent permitted by applicable EU and UK consumer protection laws.
Storm Development is not responsible for content submitted, posted, transmitted, or otherwise made available by users or third parties through the Service. Any such content does not reflect the views or opinions of Storm Development, and we make no representations or warranties regarding its accuracy, reliability, or legality.
By using the Service, you acknowledge and agree that Storm Development shall not be liable for any claims, damages, or losses resulting from third-party content, including but not limited to defamatory statements, offensive language, or violations of law.
Any disputes, claims, or controversies arising out of or relating to these Terms or the use of the Service, including but not limited to disagreements regarding the interpretation or breach of the Terms, shall be resolved exclusively through binding arbitration, in accordance with the procedures outlined in our Arbitration Agreement. This includes any claims related to the validity or enforceability of these Terms, as well as any claims related to intellectual property rights.
By agreeing to these Terms, you waive any right to participate in class action lawsuits or class-wide arbitration. The arbitration process shall be conducted in a location mutually agreed upon by the parties, or as determined by the arbitrator, and all costs associated with the arbitration process shall be borne by the losing party, unless otherwise determined by the arbitrator. The decision made by the arbitrator shall be final and binding.
You agree to indemnify, defend, and hold harmless Storm Development, its officers, directors, employees, affiliates, licensors, agents, and any third-party providers from and against any and all claims, damages, losses, liabilities, costs, and expenses, including reasonable attorney's fees, arising out of or related to:
This indemnification obligation will survive the termination of this agreement and your use of the Service.
All rights, titles, and interests in and to the Service, including but not limited to the software, content, logos, trademarks, designs, documentation, and other materials associated with the Service, are owned by Storm Development, and are protected by copyright, trademark, patent, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the Service in accordance with these Terms.
You may not reproduce, distribute, display, or create derivative works of any part of the Service, nor may you use the intellectual property of Storm Development without the express prior written consent of the company. Unauthorized use of Storm Development's intellectual property may result in legal action.
Storm Development shall not be held liable for any failure or delay in performance under these Terms due to events beyond our reasonable control, including but not limited to acts of God, natural disasters (such as earthquakes, floods, or hurricanes), labor disputes (including strikes or work stoppages), governmental actions, changes in laws or regulations, technological failures, internet disruptions, network outages, or any other circumstances that could not have been reasonably foreseen or controlled. In such cases, the performance of the affected obligations will be excused for the duration of the event causing the delay.
If such an event persists for an extended period, Storm Development may, at its sole discretion, suspend or terminate the Service until the situation is resolved.
These Terms, along with any other policies, agreements, or terms incorporated by reference (including our Privacy Policy, End User License Agreement, and Arbitration Agreement), constitute the entire agreement between you and Storm Development regarding the use of the Service. These Terms supersede all previous or contemporaneous communications, proposals, or agreements, whether oral or written, between you and Storm Development concerning the Service.
If any provision of these Terms is found to be invalid or unenforceable by a court or arbitrator, the remaining provisions will remain in full force and effect. We may also amend or modify these Terms as needed to ensure compliance with applicable laws or to reflect changes in our business operations.
All sales and transactions conducted through Storm Development are final. We do not offer refunds, returns, or exchanges for any purchases, subscriptions, or services rendered through the Service, unless otherwise explicitly stated in writing. By making a purchase, you acknowledge and agree that all sales are non-refundable and that you are responsible for ensuring that your order is correct prior to completing any transaction.
If you experience technical difficulties or issues with the Service, we encourage you to contact our support team. While we are committed to providing assistance, we are unable to offer refunds for any purchases, fees, or charges made through the Service, unless required by law.