Terms of Service

Last Updated: January 15, 2025

Welcome to BabyTales! These Terms of Service ("Terms") constitute a legally binding agreement between you and BabyTales, Inc. ("we," "our," or "us") regarding your use of our mobile application, website, and related services (collectively, the "Service").

Please read these Terms carefully before using our Service. By accessing or using our Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Service.

1. Acceptance of Terms

By creating an account, downloading, installing, or using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are using the Service on behalf of a child under 13, you represent that you are the parent or legal guardian and agree to these Terms on behalf of the child.

2. Description of Service

BabyTales is an AI-powered family storytelling platform that provides:

• Voice cloning technology to create personalized voice models
• AI-generated and customizable stories
• Family Theater feature for multi-voice storytelling
• Magic Soothe feature for calming and sleep assistance
• Photo-to-story generation
• NFC hardware integration for physical storytelling
• Parental control and monitoring features

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice.

3. Eligibility and Account Registration

3.1 Age Requirements

• You must be at least 18 years old to create an account
• Users under 18 may use the Service only with parental supervision and consent
• Accounts for children under 13 must be created and managed by a parent or legal guardian
• By using the Service, you represent that you meet these age requirements

3.2 Account Creation

To use certain features of the Service, you must register for an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security of your password and account credentials
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account
• Not share your account credentials with any third party

3.3 Account Termination

We reserve the right to suspend or terminate your account if:

• You violate these Terms or our Privacy Policy
• You engage in fraudulent, abusive, or illegal activity
• You provide false or misleading information
• We are required to do so by law

4. User Conduct and Prohibited Activities

You agree not to:

• Use the Service for any illegal purpose or in violation of any laws
• Upload, generate, transmit, or distribute any content that is:
  • Harmful, threatening, abusive, or offensive
  • Violent, pornographic, or inappropriate for children
  • Infringing on intellectual property rights
  • Containing viruses, malware, or other harmful code
  • Spam, unsolicited messages, or advertising
• Attempt to reverse engineer, decompile, or disassemble the Service
• Interfere with or disrupt the Service or servers
• Use automated systems to access the Service without permission
• Impersonate any person or entity
• Collect or harvest information about other users
• Use the Service to harm minors in any way
• Violate any applicable laws or regulations

5. Subscription Plans and Payment Terms

5.1 Subscription Plans

We offer various subscription plans:

• Free Plan: Limited features, basic functionality
• Pro Plan: Monthly or annual subscription with full features
• Family Plan: Annual subscription for multiple family members

Subscription fees are displayed in the app and may vary by region. All prices are in USD unless otherwise stated.

5.2 Payment Processing

• Payments are processed through secure third-party payment processors
• You authorize us to charge your payment method for subscription fees
• Subscription fees are charged in advance on a recurring basis
• You are responsible for all applicable taxes

5.3 Auto-Renewal

Subscriptions automatically renew unless:

• You cancel at least 24 hours before the renewal date
• We terminate your subscription for violation of these Terms
• You request cancellation through your account settings

You can manage your subscription and cancel auto-renewal at any time through your account settings or app store settings.

5.4 Refund Policy

Refund eligibility:

• Free Trial: You may cancel during the free trial period without charge
• Monthly Subscriptions: Refunds are generally not available, except as required by law
• Annual Subscriptions: Refunds may be available within 30 days of purchase, prorated based on usage
• Technical Issues: We may provide refunds for verified technical problems that prevent Service use
• Violation Refunds: No refunds for accounts terminated due to Terms violations

To request a refund, contact us at support@babytales.com with your account information and reason for the refund request.

6. Intellectual Property Rights

6.1 Our Intellectual Property

The Service, including all content, features, functionality, software, and design, is owned by BabyTales, Inc. and protected by copyright, trademark, and other intellectual property laws. You may not:

• Copy, modify, or create derivative works of the Service
• Use our trademarks, logos, or brand names without permission
• Remove or alter any copyright or proprietary notices
• Use the Service for commercial purposes without authorization

6.2 User-Generated Content

You retain ownership of content you create using the Service (stories, voice recordings, etc.). However, by using the Service, you grant us:

• A worldwide, non-exclusive, royalty-free license to use, store, and display your content to provide the Service
• The right to use your content to improve and train our AI models
• The right to use anonymized, aggregated data for analytics and service improvement

You represent that you have all necessary rights to grant these licenses and that your content does not infringe on any third-party rights.

7. Privacy and Data Protection

Your privacy is important to us. Our collection and use of your information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to our data practices as described in the Privacy Policy.

8. Service Availability and Modifications

8.1 Service Availability

We strive to provide reliable service but do not guarantee:

• Uninterrupted or error-free operation
• That the Service will meet your specific requirements
• That defects will be corrected
• Compatibility with all devices or operating systems

8.2 Service Modifications

We reserve the right to:

• Modify, suspend, or discontinue any part of the Service at any time
• Change features, functionality, or content availability
• Update software and require you to install updates
• Impose usage limits or restrictions

We will provide reasonable notice of material changes when possible.

9. Third-Party Services and Links

The Service may contain links to third-party websites, services, or resources. We are not responsible for:

• The availability, accuracy, or content of third-party services
• Your interactions with third parties
• Any loss or damage resulting from your use of third-party services

Your use of third-party services is subject to their respective terms and privacy policies.

10. Disclaimers and Limitations of Liability

10.1 Service Disclaimer

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability
• Fitness for a particular purpose
• Non-infringement
• Accuracy, reliability, or completeness of content

10.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, data, use, goodwill, or other intangible losses
• Damages resulting from your use or inability to use the Service
• Damages resulting from unauthorized access to or alteration of your data

Our total liability shall not exceed the amount you paid us in the 12 months preceding the claim, or $100, whichever is greater.

10.3 Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or limitations of liability. In such cases, our liability is limited to the maximum extent permitted by law.

11. Indemnification

You agree to indemnify, defend, and hold harmless BabyTales, Inc., its officers, directors, employees, and agents from and against any claims, damages, obligations, losses, liabilities, costs, or expenses (including attorney fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Content you create, upload, or transmit through the Service

12. Dispute Resolution

12.1 Informal Resolution

Before initiating formal dispute resolution, you agree to contact us at support@babytales.com to attempt to resolve the dispute informally.

12.2 Binding Arbitration

If informal resolution is unsuccessful, you agree that any dispute arising from or relating to these Terms or the Service will be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, except that:

• Either party may seek injunctive relief in court
• Small claims disputes may be brought in small claims court
• Class action lawsuits are waived

12.3 Governing Law

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles.

12.4 Jurisdiction

For disputes not subject to arbitration, you consent to the exclusive jurisdiction of the state and federal courts located in Delaware, United States.

13. Termination

13.1 Termination by You

You may terminate your account at any time by:

• Deleting your account through the app settings
• Contacting us at support@babytales.com
• Canceling your subscription through your app store account

13.2 Termination by Us

We may terminate or suspend your account immediately if:

• You violate these Terms or our Privacy Policy
• You engage in fraudulent or illegal activity
• We are required to do so by law
• You fail to pay required fees

13.3 Effect of Termination

Upon termination:

• Your right to use the Service immediately ceases
• We may delete your account and associated data
• You remain liable for all charges incurred before termination
• Provisions that by their nature should survive will remain in effect

14. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

• Posting the updated Terms on this page
• Updating the "Last Updated" date
• Sending an email notification to your registered email address
• Displaying an in-app notification

Your continued use of the Service after changes become effective constitutes acceptance of the modified Terms. If you do not agree to the changes, you must stop using the Service and terminate your account.

15. Miscellaneous

15.1 Entire Agreement

These Terms, together with our Privacy Policy and Child Safety Policy, constitute the entire agreement between you and us regarding the Service.

15.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full effect.

15.3 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision.

15.4 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms without restriction.

15.5 Force Majeure

We are not liable for any failure to perform due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, or internet failures.

16. Contact Information

If you have questions about these Terms, please contact us: