Terms of Service

1. Acceptance of Terms

By accessing or using OnceUponMe (“the Service”), operated at onceuponme.com, you agree to be bound by these Terms of Service (“Terms”), our Privacy Policy, and any additional guidelines or rules posted on the Service. If you do not agree to all of these Terms, you must not access or use the Service.

These Terms constitute a legally binding agreement between you and OnceUponMe. By creating an account, making a purchase, or otherwise using the Service, you represent and warrant that you have read, understood, and agree to be bound by these Terms.

2. Eligibility

You must be at least 18 years old, or the age of majority in your jurisdiction (whichever is greater), to create an account and use the Service. By using the Service, you represent and warrant that you meet these age requirements.

The Service is designed for parents and legal guardians to create personalized stories for their children. The Service is not intended for direct use by children under 13 years of age. If we learn that a child under 13 has created an account without parental consent, we will terminate that account and delete the associated data.

3. Service Description

OnceUponMe is an AI-powered platform that generates personalized children's stories featuring custom illustrations and optional audio narration. The Service allows parents and guardians to:

• Create personalized stories tailored to their child's name, age, and interests.
• Generate AI-powered illustrations for each story.
• Access audio narration of generated stories.
• View, share, and manage their story library.
• Purchase gift stories for others.

The Service uses artificial intelligence to generate content. As such, the quality, accuracy, and appropriateness of generated content may vary. While we implement content moderation and safety filters, we cannot guarantee that all generated content will be free from errors or perfectly suited to every child.

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. We will make reasonable efforts to notify users of significant changes that affect their use of the Service.

4. User Accounts

To access certain features of the Service, you must create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information during registration.
• Maintain and promptly update your account information to keep it accurate and current.
• Maintain the security and confidentiality of your login credentials.
• Accept responsibility for all activities that occur under your account.
• Notify us immediately of any unauthorized use of your account.

You may not share your account credentials with others or allow multiple people to use your account unless your subscription plan explicitly permits family sharing. You may not create multiple free accounts to circumvent usage limits. We reserve the right to suspend or terminate accounts that violate these provisions.

5. Parental Responsibility

The Service is intended for use by parents and legal guardians on behalf of their children. By using the Service, you represent and warrant that:

• You are the parent or legal guardian of any child whose information you provide to the Service, or you have obtained verifiable consent from the child's parent or legal guardian.
• You have the authority to consent to the collection and use of the child's information as described in our Privacy Policy.
• You will review stories generated for your child before sharing them and take responsibility for the content your child accesses.
• You understand that AI-generated content may occasionally produce unexpected results, and you will exercise parental judgment regarding the suitability of generated stories.

6. Subscriptions & Billing

6.1 Subscription Plans

The Service offers multiple subscription tiers (e.g., Starter, Plus, Family) with varying features and story limits. Current pricing and plan details are available on our pricing page. We reserve the right to modify pricing with 30 days' notice to existing subscribers.

6.2 Billing and Payment

• Paid subscriptions are billed in advance on a monthly or annual basis, depending on your selected plan, via Stripe.
• By providing a payment method, you authorize us to charge the applicable subscription fee and any applicable taxes.
• If your payment method fails, we may retry the charge and/or suspend your access until payment is received.
• You are responsible for all applicable taxes associated with your subscription.

6.3 Automatic Renewal

Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date. You will be charged the then-current subscription rate upon renewal. Annual subscriptions renew at the annual rate.

6.4 Cancellation

You may cancel your subscription at any time through your account settings. Upon cancellation:

• You retain access to paid features until the end of your current billing period.
• No prorated refunds are provided for partial billing periods.
• Your account reverts to the free tier, and previously generated stories remain accessible in read-only mode.
• Story limits and feature access adjust to the free tier level.

6.5 Refunds

Refunds are handled on a case-by-case basis. If you believe you are entitled to a refund due to a service issue, please contact us at [email protected] within 14 days of the charge. We are not obligated to provide refunds for change of mind, dissatisfaction with AI-generated content quality, or unused portions of a subscription period.

6.6 Promotional Codes and Discounts

Promotional codes and discount offers are subject to specific terms and conditions provided at the time of the promotion. Unless otherwise stated:

• Only one promotional code may be applied per subscription.
• Codes are valid for first-time subscriptions only and may not be stacked.
• Codes may have expiration dates, usage limits, and tier restrictions.
• We reserve the right to revoke or modify promotional offers at any time.

7. Free Tier

We offer a free tier that allows limited access to the Service. The free tier is subject to story limits and feature restrictions as displayed on our pricing page. We reserve the right to modify the free tier's features and limits at any time. The free tier is intended for personal, non-commercial evaluation of the Service and may not be used to circumvent paid subscription requirements (e.g., by creating multiple accounts).

8. Gift Stories & Story Packs

8.1 Gift Stories

Gift stories are one-time purchases that allow you to create a personalized story for a recipient child. The recipient does not need a OnceUponMe account to view the gift story via the provided shareable link. Gift stories are non-refundable once generated. The buyer is responsible for ensuring they have appropriate authorization to provide the recipient child's information.

8.2 Story Packs

Story packs are one-time purchases of additional story credits available to eligible subscription tier holders. Story pack credits do not expire and carry over between billing periods. Story pack purchases are non-refundable.

9. Intellectual Property

9.1 Our Intellectual Property

The Service, including its design, logos, trademarks, code, algorithms, and user interface, is owned by OnceUponMe and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Service, nor may you reverse engineer or attempt to extract the source code of the Service.

9.2 Your Rights to Generated Stories

You retain a personal, non-exclusive, non-transferable license to use stories generated through your account for personal and family use. This includes sharing stories with family members and printing copies for personal use.

9.3 Our License to Use Content

By using the Service, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, and process the information you provide (including child details) solely for the purpose of providing and improving the Service. We may also use anonymized, aggregated data derived from your use of the Service for analytics and service improvement purposes.

10. User Content

You are responsible for all content you submit to the Service, including story prompts, child details, and any other input (“User Content”). You represent and warrant that:

• You have the right to provide all User Content you submit.
• Your User Content does not violate any third party's rights, including privacy, publicity, intellectual property, or other personal or proprietary rights.
• Your User Content does not contain any material that is unlawful, defamatory, obscene, or otherwise objectionable.
• Your User Content does not contain viruses, malware, or other harmful code.

We reserve the right to remove or refuse to process any User Content that violates these Terms or that we deem inappropriate, at our sole discretion.

11. AI-Generated Content

The stories, illustrations, and audio narration generated by our Service are created using artificial intelligence. You acknowledge and agree that:

• AI-generated content may contain inaccuracies, inconsistencies, or unexpected elements.
• We implement content moderation and safety filters, but no automated system is perfect. Some generated content may not be suitable for all audiences despite our safeguards.
• You are responsible for reviewing generated stories before sharing them with children.
• AI-generated illustrations may not perfectly represent the intended characters or settings.
• The quality and style of generated content may vary and is not guaranteed to meet specific expectations.
• Generated content may occasionally be similar to content created for other users, given the nature of AI generation.

If you encounter generated content that you believe is inappropriate, inaccurate, or harmful, please report it to us immediately at [email protected].

12. Prohibited Use

You agree not to use the Service to:

• Generate content that is harmful, abusive, threatening, harassing, defamatory, or inappropriate for children.
• Attempt to bypass, disable, or circumvent content moderation or safety filters.
• Use the Service for any unlawful purpose or in violation of any applicable law or regulation.
• Access or use the Service through automated means (bots, scrapers, crawlers) without our written permission.
• Attempt to gain unauthorized access to the Service, other user accounts, or our computer systems or networks.
• Interfere with or disrupt the Service or servers/networks connected to the Service.
• Impersonate any person or entity, or falsely state or misrepresent your affiliation with a person or entity.
• Collect or store personal information about other users without their consent.
• Use the Service to send spam, chain letters, or other unsolicited communications.
• Create multiple free accounts to circumvent story limits or other restrictions.
• Resell, sublicense, or commercially exploit the Service or any content generated through the Service without our express written permission.
• Use the Service to generate content that infringes on any third party's intellectual property rights.
• Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying algorithms of the Service.

Violation of these prohibitions may result in immediate suspension or termination of your account, without refund, and may subject you to legal liability.

13. Account Suspension & Termination

We may suspend or terminate your account and access to the Service, in whole or in part, at our sole discretion, with or without notice, for any reason, including but not limited to:

• Violation of these Terms or any applicable law.
• Fraudulent, abusive, or otherwise harmful conduct.
• Non-payment of subscription fees after reasonable notice.
• Extended inactivity (accounts inactive for more than 24 months may be flagged for deletion).
• Requests from law enforcement or other government agencies.

Upon termination for cause, you lose access to your account and any associated content. We are not obligated to provide refunds upon termination for violation of these Terms. For accounts terminated without cause by us, we will provide a prorated refund for any unused portion of a prepaid subscription period.

14. Disclaimers

15. Limitation of Liability

16. Indemnification

You agree to defend, indemnify, and hold harmless OnceUponMe and its officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms.
• Your use of the Service, including any content you submit or generate.
• Your violation of any rights of a third party, including intellectual property or privacy rights.
• Any claim that your User Content caused damage to a third party.

This indemnification obligation will survive the termination of these Terms and your use of the Service.

17. Termination

You may terminate your account at any time by canceling your subscription (if applicable) and requesting account deletion through your account settings or by contacting us. We may also terminate or suspend your account as described in Section 13.

Upon termination of your account:

• Your right to access and use the Service immediately ceases.
• We may delete your account data, including generated stories, after a reasonable retention period (typically 30 days), unless we are required to retain certain data for legal purposes.
• Sections of these Terms that by their nature should survive termination will survive, including but not limited to intellectual property provisions, disclaimers, limitation of liability, indemnification, and dispute resolution.

18. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles. You agree that any legal action or proceeding arising out of or relating to these Terms or your use of the Service shall be brought exclusively in the federal or state courts located in Delaware, and you consent to the personal jurisdiction of such courts.

19. Dispute Resolution

19.1 Informal Resolution

Before filing a formal legal claim, you agree to first try to resolve the dispute informally by contacting us at [email protected]. We will attempt to resolve the dispute informally within 60 days. If we are unable to resolve the dispute informally, either party may proceed with formal dispute resolution.

19.2 Binding Arbitration

Any dispute arising out of or relating to these Terms that cannot be resolved informally shall be settled by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration shall be conducted in English and the arbitrator's decision shall be final and binding. Judgment on the arbitration award may be entered in any court of competent jurisdiction.

19.3 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than through arbitration, you waive any right to a jury trial.

19.4 Exceptions

Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.

20. Changes to These Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will:

• Update the “Last updated” date at the top of these Terms.
• Notify you via email and/or a prominent notice on the Service at least 30 days before the changes take effect.
• For changes to billing terms or dispute resolution provisions, provide at least 60 days' notice.

Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must stop using the Service and may cancel your subscription and request account deletion.

21. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the provision shall be severed from these Terms, and the remaining provisions shall continue in full force and effect.

22. Entire Agreement

These Terms, together with our Privacy Policy and any other policies or guidelines referenced herein, constitute the entire agreement between you and OnceUponMe regarding your use of the Service. These Terms supersede any prior agreements, communications, or understandings, whether written or oral, relating to the subject matter herein.

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

23. Contact

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

• Legal inquiries: [email protected]
• General support: [email protected]

We aim to respond to all inquiries within a reasonable timeframe.