Terms of Service

Please read carefully. These Terms include important provisions that affect your legal rights — including a binding arbitration clause, a class-action waiver, a jury- trial waiver, a limitation on the time you have to bring a claim, and broad disclaimers and limitations of our liability.

1. Agreement

These Terms of Service (the “Terms”) form a binding agreement between you and KidTales (“KidTales,” “we,” “our,” or “us”), the operator of kidtales.io (the “Service”). By accessing, creating an account for, or using the Service in any way you accept and agree to these Terms, to our Privacy Policy, and to our Cookie Policy. If you do not accept these Terms in full, do not use the Service.

2. Eligibility

You must be at least 18 years old and able to enter into a binding contract to use the Service. The Service is for adult parents and guardians. Children do not create accounts, log in, or use the Service directly. By using the Service you represent that you meet these requirements and that, if you are using the Service on behalf of a child, you are that child's parent or legal guardian and are authorized to act on their behalf.

3. Your account

You are solely responsible for everything that happens under your account, for keeping your credentials secure, and for any activity on or payments made through it. We may — in our sole discretion and without notice — refuse to provide the Service to anyone, require additional verification, or suspend, lock, or terminate any account for any reason or no reason, including if we believe these Terms have been violated or if continued access could harm us, our users, or a third party.

4. Subscriptions, billing & no refunds

The Service offers a free tier (5 story creations per account, lifetime) and paid subscription plans. Paid plans are billed in advance, on a recurring basis, through our billing provider. Prices are shown on our pricing page.

Automatic renewal. Your subscription will renew automatically at the end of each billing period at the then-current rate until you cancel. You can cancel anytime from your account dashboard; cancellation stops future renewals but does not refund the current period.

All sales final. Except where a non-waivable law requires otherwise, all fees are non-refundable. We do not provide refunds, credits, or prorated returns for unused time, unused episode credits, service downtime, dissatisfaction with AI-generated output, feature changes, changes to a plan, or any other reason. Downgrades or cancellations take effect at the end of the current billing period.

Price and plan changes. We may change prices, plan features, episode allowances, or the structure of our plans at any time. Changes to an ongoing subscription will apply at your next renewal; your continued use after a change takes effect is your acceptance of it.

Chargebacks and billing disputes. If you believe a charge is in error, you agree to contact us at owaabiz@gmail.com before initiating a chargeback, bank reversal, or payment dispute. Issuing a chargeback without first contacting us is a material breach of these Terms and we may suspend or terminate your account and pursue recovery of the charged- back amount plus any fees we incur.

Taxes. Stated prices do not include taxes, duties, or similar governmental charges. You are responsible for any taxes that apply to your use of the Service, other than taxes on our net income.

5. Service availability and changes

We may add, remove, modify, pause, or discontinue any part of the Service at any time, for any reason, without notice and without any liability to you. We do not guarantee the Service will be available, uninterrupted, error-free, or secure, and scheduled or unscheduled downtime may occur.

6. AI-generated content and your responsibility

Stories on KidTales are generated by third-party artificial- intelligence models that take inputs you provide (character, child's first name, age, interests, prompt) and produce text, which we then narrate into audio. AI models can and do produce incorrect, unexpected, biased, or unsuitable output. We run automated safety and profanity filters but we do not guarantee that every story will be accurate, age-appropriate, on-topic, value-aligned, or free of errors or objectionable material.

You are solely responsiblefor deciding whether any particular story is appropriate for your family and for supervising your child's listening. You accept all risk associated with AI-generated output. We are not liable for any claim, damage, or harm arising from the content or absence of content in a generated story, from the way a child reacts to a story, or from any decision you or anyone else makes based on one.

7. Your content and the license you grant us

“Your Content” means anything you submit to the Service — including child profile details, story prompts, story titles, interests, values, and any custom character images you upload. You keep ownership of Your Content.

You grant KidTales a worldwide, non-exclusive, royalty-free, fully paid-up, sublicensable, and transferable license to host, store, copy, transmit, display, adapt, and process Your Content for the purposes of operating, providing, securing, improving, and developing the Service — including generating stories, delivering your podcast feed, preventing abuse, analyzing usage, and training or tuning our content-safety filters. This license continues for as long as we retain Your Content in accordance with our Privacy Policy and survives termination of your account to the extent needed for those purposes.

You represent and warrant that you have all rights necessary to submit Your Content and to grant the license above, and that Your Content does not infringe any third-party rights or violate these Terms or applicable law.

Feedback. If you send us suggestions, ideas, bug reports, or other feedback, we may use them for any purpose, without obligation or compensation to you. You assign to us all rights in any such feedback.

8. Stories we generate for you

Subject to these Terms and to your account being in good standing, we grant you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable license to listen to stories generated through your account, to stream them through standard podcast applications to which you have connected your feed, and to share them within your immediate household for non-commercial personal use.

You may not: (a) resell, license, or redistribute generated stories; (b) publicly broadcast, publish, or post them on any platform (including social media, video, or podcast platforms); (c) use them for any commercial purpose; (d) use them to train, fine-tune, or develop any machine- learning or AI model; (e) remove or alter any attribution or identifiers we include; or (f) use them to create derivative works that compete with the Service.

KidTales, our logos, brand, Service design and code, original characters, compilations, and the look and feel of the Service are owned by us or our licensors and are protected by intellectual-property laws. No rights are granted to you other than those expressly set out in these Terms. All rights not expressly granted are reserved.

9. Acceptable use

You agree that you will not, and will not attempt to:

• Use the Service to create content that is sexual, violent, hateful, discriminatory, harassing, exploitative, or otherwise harmful to children or any other person.
• Create stories referencing real children other than the child whose profile you own and control, or use the Service to impersonate any real person.
• Upload any content you do not have the right to submit, including copyrighted characters, photographs, logos, or trademarks.
• Share your private podcast feed URL publicly, publish generated stories outside your household, or otherwise redistribute Service content.
• Reverse engineer, decompile, scrape, crawl, index, frame, mirror, cache, or create derivative works of the Service; circumvent rate limits, filters, or access controls; or interfere with other users' accounts.
• Use the Service or any of its output to train or benchmark any other AI model or service.
• Use the Service in a way that is unlawful, deceptive, infringing, or that violates any applicable law or third-party right.

We may remove content, suspend access, or terminate accounts at any time, in our sole discretion, if we believe these rules have been violated or that doing so is necessary to protect the Service, our users, or third parties. Any violation of this section is a material breach and may forfeit any unused portion of a paid subscription without refund.

10. Moderation

We use automated and, where appropriate, human review to reduce the chance of inappropriate content appearing. We are not obligated to moderate or pre-screen any content, and we are not liable for content we remove, retain, or fail to detect. If you encounter a story or other content you believe violates these Terms, email owaabiz@gmail.com.

11. Copyright (DMCA)

If you believe content on KidTales infringes your copyright, send a notice to owaabiz@gmail.com with: (a) your contact information, (b) a description of the copyrighted work, (c) a link to the allegedly infringing content, (d) a statement that you have a good-faith belief the use is not authorized, (e) a statement under penalty of perjury that the information is accurate and you are authorized to act, and (f) your signature. We will respond to valid notices as required by the Digital Millennium Copyright Act and may terminate repeat infringers' accounts.

12. Third-party services

The Service works with third-party services (your podcast app, Yoto, Apple Podcasts, Spotify, our AI model and text-to-speech providers, our authentication and billing provider, our hosting and storage providers, and others listed in our Privacy Policy). Each has its own terms and privacy practices. We do not control those services and have no responsibility or liability for them.

13. Disclaimers

THE SERVICE, INCLUDING ALL AI-GENERATED CONTENT, IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY OF DATA, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, TIMELY, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY ERRORS WILL BE CORRECTED. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, AGE-APPROPRIATENESS, OR SUITABILITY OF ANY AI-GENERATED CONTENT. Some jurisdictions do not allow the exclusion of certain warranties; in those places, the exclusions above apply to the greatest extent permitted.

14. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KIDTALES AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AFFILIATES, AGENTS, LICENSORS, AND SUPPLIERS (COLLECTIVELY, THE “KIDTALES PARTIES”) WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE KIDTALES PARTIES' TOTAL, CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU ACTUALLY PAID US FOR THE SERVICE IN THE THREE (3) MONTHS IMMEDIATELY BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) USD $50.00. THESE LIMITATIONS APPLY REGARDLESS OF THE LEGAL THEORY (CONTRACT, TORT, STATUTE, OR OTHERWISE) AND EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Time limit on claims. Any claim you bring under these Terms or relating to the Service must be commenced within one (1) year after the cause of action accrues. After that period, the claim is permanently barred.

15. Indemnification

You will defend, indemnify, and hold harmless the KidTales Parties from and against any and all claims, demands, liabilities, damages, losses, judgments, fines, penalties, and expenses (including reasonable attorneys' fees and costs) arising out of or relating to: (a) your use of the Service; (b) Your Content; (c) your violation of these Terms; (d) your violation of any law or third-party right; or (e) your negligent or wrongful conduct. We may, at our option, assume the exclusive defense and control of any matter otherwise subject to your indemnification, in which case you will cooperate with us in asserting any available defenses.

16. Termination

You may stop using the Service at any time by canceling and closing your account. We may, with or without notice, suspend, restrict, or terminate your access and delete Your Content at any time, for any reason or no reason, including violation of these Terms. On termination, your license to the Service and to generated stories ends immediately; any accrued payment obligations and any provision that by its nature should survive (including Sections 4 (no refunds), 7 (license), 8 (restrictions), 13 (disclaimers), 14 (limitation of liability), 15 (indemnification), 17 (arbitration), and 18 (governing law)) will survive.

17. Binding arbitration & class-action waiver

Please read this section carefully — it affects your legal rights.

Informal resolution. Before starting any formal proceeding, you agree to first send a written notice of any dispute to owaabiz@gmail.com describing the claim and requested relief, and to work with us in good faith for at least 60 days to resolve it.

Binding arbitration.If the dispute is not resolved within 60 days, you and KidTales each agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service (a “Dispute”) will be resolved exclusively by final and binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. The arbitration will take place in King County, Washington, or, at your election, by video or telephone. The arbitrator's decision will be final and enforceable in any court of competent jurisdiction. The Federal Arbitration Act governs this Section.

Class-action and jury-trial waiver.YOU AND KIDTALES EACH AGREE THAT DISPUTES WILL BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS OR PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND KIDTALES EACH WAIVE ANY RIGHT TO TRIAL BY JURY.

Exceptions. Either party may (a) bring an individual action in small-claims court, or (b) seek injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual-property rights.

30-day opt-out. You may opt out of this arbitration agreement by emailing owaabiz@gmail.com within 30 days of first accepting these Terms, stating your name, account email, and that you opt out of arbitration. Opting out does not affect any other part of these Terms.

If the class-action or jury-trial waiver is found unenforceable as to a particular claim or remedy, that claim or remedy (but no other) will be severed and may be brought in court; the remainder of this Section will remain in force.

18. Governing law & venue

These Terms and any Dispute are governed by the laws of the State of Washington, without regard to its conflict-of-laws rules. Subject to Section 17, you and KidTales submit to the exclusive jurisdiction and venue of the state and federal courts located in King County, Washington, for any action not subject to arbitration.

19. Force majeure

We are not liable for any delay or failure to perform that results from causes beyond our reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, pandemics, labor disputes, internet or utility outages, cyberattacks, third-party-service failures, or governmental action.

20. Electronic communications and notices

You agree to receive communications from us electronically (by email, in-app notices, or through the Service) and that electronic communications satisfy any legal requirement that communications be in writing. Notices to you are effective when sent to the email address associated with your account; notices to us should be sent to owaabiz@gmail.com.

21. Changes to these Terms

We may update these Terms at any time. The current version is always posted at this URL with an updated “Last updated” date. Material changes will be effective on posting (or, where required by law, after reasonable notice). Your continued use of the Service after changes become effective is your acceptance of the updated Terms. If you do not agree, your only remedy is to stop using the Service.

22. Miscellaneous

These Terms, together with our Privacy Policy and Cookie Policy, are the entire agreement between you and KidTales about the Service and supersede any prior agreements. If any provision is held unenforceable, the remaining provisions remain in full effect and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable. Our failure to enforce any provision is not a waiver of it. You may not assign or transfer these Terms (including by operation of law) without our prior written consent; any attempt to do so is void. We may assign or transfer these Terms freely, including in connection with a merger, acquisition, sale of assets, or by operation of law. There are no third-party beneficiaries to these Terms. The parties are independent contractors; nothing in these Terms creates a partnership, joint venture, agency, or employment relationship. Headings are for convenience only and do not affect interpretation.

23. Contact

Questions about these Terms? Email owaabiz@gmail.com.