Draft, pending legal review. Items marked [TO BE CONFIRMED] are not yet decided.

Terms of use

Please read these terms carefully. They include a binding arbitration agreement and a waiver of class actions and jury trials (see "Disputes"), which affect how disputes are resolved. If you live in the European Union or the United Kingdom, the arbitration agreement does not apply to you.

1. Who we are and this agreement

These terms are an agreement between you and [TO BE CONFIRMED: company legal name], a [TO BE CONFIRMED: state] limited liability company ("FairyTales", "we", "us"), for your use of the FairyTales website and app (the "service").

You accept these terms by ticking the box when you create an account. We record the date and the version you accepted. Our , and are part of these terms.

2. Adults only

You must be 18 or older to create or use an account. We ask for your date of birth at sign-up and refuse anyone under 18; a card holder confirms they are 18 or older at every checkout.
You may add a child only if you are that child's parent or legal guardian. You may add any other person only with the permission of that person (if an adult) or of their parent or guardian (if a child).
FairyTales is a tool for adults. Children do not have accounts and must not use yours. Do not share your password with a child or leave a child alone with your signed-in account.
If we reasonably believe an account belongs to or is being used by someone under 18, we may close it and delete its data.

3. You read and approve every story first

FairyTales writes stories for parents to read to, or share with, their children. You are the one who decides what your child sees.

Every new story opens for you alone. Reader mode, printing, narration and sharing stay locked until you tick "I have read this whole story and approve it for my child". Editing a story clears your approval, and you approve it again.
By approving a story you confirm that you have read all of it, looked at its pictures, and judged it suitable for your child. That judgment is yours: you know your child, and we do not.
Supervise any child who reads, listens to or looks at a story, including in reader mode. Stop if anything in a story seems wrong for your child.
[TO BE CONFIRMED: pending FAI-229 and FAI-230, approval of translations and of pictures changed after approval.] Until those are built, read any translation and look at any redrawn picture yourself before showing it to a child.

4. What you put in

You are responsible for everything you add to FairyTales: names, ages, descriptions, favourite characters, photos, wishes, notes about your child's life, and anything you type when editing or rewriting a story ("your content"). You promise that:

you have every right and permission needed to add it, including the parent's, guardian's or person's permission described in section 2;
each time you add a photo, you are that person's parent or legal guardian, or they are an adult who agreed to it. We record that confirmation with each photo;
it does not break the law, our , or anyone's rights, including privacy, publicity, copyright and trademark rights;
if you name a brand, a franchise or a character you do not own (for example a film character your child loves), that is your choice and your responsibility. We use such names only as a hint for a story's mood; our stories and pictures are instructed not to name or show them.

You keep any rights you have in your content. You give us a limited, worldwide, non-exclusive, royalty-free licence to store, copy, process and transmit your content, including through the service providers listed in the Privacy policy, only to provide the service to you, to keep it safe and lawful, and to comply with the law. This licence ends when your content is deleted, except for copies we must keep by law or as evidence (see section 10).

We check what you type before a story is written and may refuse it. A refused request is never charged. We have no duty to review your content, but we may refuse, remove or disable any of it at any time.

5. What FairyTales makes: AI-generated content

Stories, pictures, narration and translations ("generated content") are made automatically by third-party artificial-intelligence services, from what you provide. Please read the . In short:

Generated content can be inaccurate, inconsistent, strange or unsuitable, even after our safety checks. We check every story before it is shown and withhold one that fails, but no check catches everything. That is why you read and approve every story first (section 3).
Stories are fiction. They are not medical, psychological, therapeutic, educational, safety or legal advice, even when a story touches on something real in your child's life, such as a new sibling, a fear or a loss. Talk to a qualified professional about anything that needs one.
Characters in stories may do things that would be unsafe in real life. Do not let a child copy what a character does, and explain the difference where it matters.
A picture of a character is an artistic interpretation, not an accurate depiction of a real person, and is deliberately never photographic.
Generated content may resemble content made for other people. We do not promise that any generated content is unique or original.

6. Who owns what

As between you and us, and to the extent the law allows, we assign to you any rights we have in the generated content made for you. Content made by AI may not be protected by copyright, so you may have no exclusive rights in it.

Generated content is for your personal, non-commercial use and that of your family. [TO BE CONFIRMED: whether any commercial use is allowed.] You may not sell it, or use it to train another AI model.

Everything else in the service, including our software, design, prompts, text, brand and logo, belongs to us or our licensors. You may not copy, reverse engineer or reuse it.

7. Sharing stories

You can create a link to an approved story. Anyone who has the link can see that story and its pictures, including any character's likeness, and can copy or forward it. Links expire after 30 days unless you choose another option, and you can switch a link off at any time, but we cannot recall copies others have already made. You decide who receives a link, and you are responsible for sharing it. We are not responsible for what anyone who receives it does with it.

8. Credits, subscriptions and payment

Credits.

New accounts receive free welcome credits.
A story costs a number of credits based on its length and pictures. The cost is shown to you before you start a story, and that is the cost you are charged. The number of credits a kind of story costs may change over time; a change never applies to a story you have already started.
Credits are a prepaid licence to use the service. They have no cash value, are not money or property, cannot be transferred, sold or exchanged, and are not refundable except where these terms or the law say otherwise.
Credits do not expire while your account is open. Unused credits end when your account is closed (section 10). [TO BE CONFIRMED: pending FAI-234, a warning about unused credits before an account is deleted.]
A story that fails to generate, or that our safety check withholds, returns its credits automatically. If you report a story as faulty we may return its credits. [TO BE CONFIRMED: the refund rule for reported stories, FAI-215.]

Subscriptions.

A subscription gives what the plan described at checkout includes, for as long as it is active. [TO BE CONFIRMED: pending FAI-232, which replaces "unlimited" with a monthly credit allotment; describe the allotment and what happens to unused credits here.] Every plan is subject to the fair-use limits in section 9.
A subscription renews automatically every month and your card is charged the price shown at checkout at the start of each period until you cancel.
You can cancel online at any time in Billing, through our payment provider's customer portal. Cancelling stops the next renewal; you keep the plan until the end of the period you have paid for. [TO BE CONFIRMED: refund policy for a partly used period; the default here is no refund for a partly used period except where the law requires it.]
If a payment fails, the plan may pause or end.

Paying.

Payments are processed by Stripe; your card details go to Stripe and never reach us. Prices are shown before you pay. [TO BE CONFIRMED: currency, and whether prices include sales tax or VAT.]
If a payment is refunded or reversed, including by a chargeback, we may take back the credits it bought that remain unspent. We may suspend an account after a chargeback we believe was made in bad faith.

Changes to prices. We may change the price of credits and subscriptions, and prices may go up as well as down, for example because our suppliers' or AI costs, taxes or duties change. A change:

never affects a purchase you have already made: credits you have already bought stay in your balance, and the price of the subscription period you are in does not change;
applies to new packs and new subscriptions at the price shown when you buy;
applies to an existing subscription only from a renewal after we have given you notice by email [TO BE CONFIRMED: notice period, e.g. at least 30 days], so you can cancel first. If you do not cancel, the new price applies from that renewal.

If you live in the EU or the UK. You normally have 14 days to withdraw from a contract for digital content. By buying credits or a subscription and starting a story, you ask us to provide the story at once and acknowledge that you lose the right to withdraw for that story once it has been delivered. [TO BE CONFIRMED: pending FAI-234, an express-consent tick at checkout for EU and UK customers.] This does not affect your statutory rights if a story is faulty.

9. Fair use and suspension

Use the service only as these terms and the allow. We limit how often stories, pictures, narration, rewrites, translations, uploads and sign-ins can be requested, and how much one account can use the service, to keep it working for everyone and affordable to run.

We may refuse a request, remove content, limit, suspend or close your account, with or without notice, if we reasonably believe you have broken these terms, put a child or anyone else at risk, misused the service or a payment method, or if the law requires it. Where it is safe and lawful to do so, we will tell you why. Where we close an account for breaking these terms, unused credits are not refunded.

Content that sexualises a child is reported to the National Center for Missing & Exploited Children and to law enforcement, the account is locked, and the material is kept as evidence as the law requires.

10. Closing your account

You can delete your account at any time in Settings. This deletes your data as the Privacy policy describes, ends any subscription, and ends any unused credits, which are not refunded except where the law requires. We may keep records we must keep by law, records of payments, and evidence of serious misuse.

11. Changes to the service and to these terms

We may change, add or remove features, change the AI services we use, or stop offering the service. If we stop offering the service entirely we will give you at least 30 days' notice by email so you can download your data. [TO BE CONFIRMED: whether unused purchased credits are refunded if the service closes.]

We may update these terms. If a change is material, we will tell you and ask you to accept the new version before you continue using the service. If you do not accept, you can stop using the service and delete your account.

12. Disclaimer of warranties

To the fullest extent the law allows, the service and all generated content are provided "as is" and "as available", without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy, non-infringement, and uninterrupted or error-free operation. We do not promise that generated content will be suitable for your child, that the service will always be available, or that our safety checks will catch every problem. Our service providers, including the AI services we use, can fail or change without notice.

Some places do not allow some of these exclusions; there, they apply only as far as the law allows.

13. Limitation of liability

To the fullest extent the law allows:

we are not liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, data, goodwill or emotional distress, arising from or related to the service, generated content, your content, anything a person who receives a shared link does, or these terms, however caused and even if we were told it was possible;
our total liability for all claims arising from or related to the service or these terms is limited to the greater of US$100 or the amount you paid us in the 12 months before the event giving rise to the claim.

Nothing in these terms limits liability for death or personal injury caused by our negligence, for fraud, or for anything else the law does not allow us to limit. If you live in the EU or the UK, nothing in these terms affects your statutory consumer rights, and we are responsible for foreseeable loss caused by our breach of these terms or our negligence.

14. Your responsibility to us

To the extent the law allows, you will defend, indemnify and hold harmless FairyTales and its members, officers, employees and contractors against any claims, losses, damages, costs and expenses (including reasonable lawyers' fees) arising from: your content; your breach of these terms or of the law; your use of the service, including what you show or share with a child or anyone else; or a claim that you lacked a permission you promised you had. This section does not apply to consumers in the EU or the UK.

15. Disputes

Talk to us first. Before filing any claim, contact us at [TO BE CONFIRMED: contact email] and describe the problem. We will try in good faith to resolve it within 30 days.

Binding individual arbitration (not for EU or UK consumers). If we cannot resolve it, you and FairyTales agree that any dispute arising from or related to the service or these terms will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, including its procedures for mass filings, rather than in court. The arbitrator, not a court, decides questions about the scope and enforceability of this agreement. The Federal Arbitration Act governs this section.

Small claims: either of us may instead bring an individual claim in small claims court if it qualifies.
No class actions and no jury: you and FairyTales may bring claims only individually, not as a plaintiff or class member in any class, collective or representative proceeding, and you and FairyTales both waive the right to a jury trial.
Opting out: you may opt out of this arbitration agreement by emailing [TO BE CONFIRMED: contact email] within 30 days of first accepting these terms, with your name, the email address of your account and a statement that you opt out of arbitration.
If the class-action waiver is found unenforceable for a claim, that claim proceeds in court and not in arbitration.

Time limit. To the extent the law allows, any claim must be brought within one year after it arises, or it is permanently barred.

Governing law and courts. These terms are governed by the laws of the State of Delaware, without regard to conflict-of-law rules. Any dispute that is not arbitrated will be decided by the state or federal courts located in [TO BE CONFIRMED: county and state], and you and we consent to their jurisdiction.

EU and UK consumers may bring proceedings in the courts where they live, and keep the protection of the mandatory laws of their country.

16. Copyright complaints

If you believe something on FairyTales infringes your copyright, send a notice under the Digital Millennium Copyright Act to our designated agent: [TO BE CONFIRMED: DMCA agent name, address and email]. You can also use "Report a problem" on any story or shared page. We remove or disable access to infringing material and close the accounts of repeat infringers.

17. General

These terms, with the documents they refer to, are the whole agreement between you and us about the service.
If any part is found unenforceable, the rest stays in effect and that part is enforced as far as the law allows.
If we do not enforce a right at once, we have not given it up.
You may not transfer these terms or your account. We may transfer them to a company that takes over the service, and will tell you if we do.
We are not responsible for delays or failures caused by events beyond our reasonable control, including outages of our hosting, payment or AI providers.
You agree to receive notices from us electronically, by email to the address on your account or in the app.

18. Contact

[TO BE CONFIRMED: company legal name], [TO BE CONFIRMED: registered address], [TO BE CONFIRMED: contact email].