Fairytale AI Terms of Use

1. Introduction

Welcome to Fairytale AI. These Terms of Use ("Terms") govern your access to and use of the Fairytale AI application (the "App"), our website located at fairytaleaiapp.com (the "Website"), and all associated services we provide (collectively, our "Services"). By accessing or using our App or Website, you indicate your acceptance of and agreement to these Terms.

For any questions regarding these Terms or to contact us, please email: support@fairytaleaiapp.com.

2. Key Information

We strongly recommend you carefully review these Terms before proceeding. Please pay particular attention to:

• Our Privacy Policy, which details how we collect, use, and protect your personal information.
• The section addressing AI-Generated Content, which includes important disclaimers regarding the nature of the output from our Services.
• The section on Credit Purchases and Payments, explaining our payment model.
• Platform-specific terms relevant if you access our Services through an app store.
• Our limitations on liability and warranty disclaimers.

3. Definitions

In these Terms:

• "You" or "your" refers to the individual or entity utilizing our Services.
• "We," "us," or "our" refers to Fairytale AI.
• "Content" encompasses both "Input" (materials you provide) and "Output" (content generated by our Services).
• "Services" includes our App, Website, and all related offerings.
• "AI Models" refers to the artificial intelligence technologies we employ.
• "Credits" refer to the virtual tokens purchased by users to access and utilize certain features within the Services, particularly content generation.

4. Eligibility and Account Access

4.1 Age Requirement

To use our App or Website, you must be at least 13 years of age. If you are under 18, your use of the Services must be with the consent and under the supervision of a parent or legal guardian who agrees to be bound by these Terms.

4.2 Account Creation

Accessing certain features within our App necessitates creating an account. When establishing your account, you agree to:

• Provide accurate and complete registration information.
• Ensure your account details remain current.
• Maintain the security and confidentiality of your account credentials.
• Oversee all activities associated with your account.
• Promptly notify us of any suspected unauthorized access or use of your account.
• Accept full responsibility for all actions taken under your account.

Should your account remain inactive for an extended duration (typically 12 months or more), we may close and permanently delete it. You acknowledge that this may result in the loss of any generated Content linked to that account. We will endeavor to notify you via the email address linked to your account before account deletion.

5. Third-Party AI Services and Associated Terms

5.1 AI Technologies

Our Services integrate various third-party artificial intelligence technologies to facilitate the creation of diverse content formats, including text, audio, and images. These AI services are subject to the terms and licenses of their respective providers.

You understand and acknowledge that content generated by AI:

• Is provided on an "as is" basis, without warranties of any kind regarding its nature or accuracy.
• Could potentially produce unexpected or inaccurate results.
• Might bear resemblance to existing content.

5.2 Compliance with Third-Party Terms

Your use of our Services implies your agreement to abide by:

• All applicable terms and licenses of the third-party AI providers (Google, OpenAI, Deepseek, Grok, Meta).
• Our acceptable use guidelines.
• Any specific terms imposed by the platform (e.g., Apple App Store or Google Play Store) through which you access the App.
• All relevant laws and regulations.

6. License and Usage Restrictions

Conditioned upon your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, and non-sublicensable license to download, install, and use our App for personal, non-commercial purposes on devices you own or control. The same conditions apply to your access and use of our Website.

You are expressly prohibited from:

• Copying, modifying, or creating derivative works based on our App or Website.
• Attempting to reverse engineer, decompile, or disassemble our App or Website.
• Modifying or removing any copyright, trademark, or other proprietary notices.
• Licensing, renting, leasing, selling, or otherwise transferring your rights to any third party.
• Using our App or Website for any unlawful or unauthorized purpose.
• Utilizing our Services in any manner that violates applicable laws or regulations.
• Disrupting or interfering with other users' access to our Services.
• Introducing viruses, worms, or other malicious software.
• Using unauthorized or altered versions of our Services.
• Attempting to gain unauthorized access to data or user accounts.
• Using our Services for service bureau activities, outsourcing, renting, reselling, sublicensing, or time-sharing arrangements.

7. Content: Ownership and Usage

7.1 Definition of Content

Any material or data you submit to the Services is defined as "Input." The resulting creation or product generated by our Services in response to your Input is the "Output." Together, Input and Output constitute the "Content."

7.2 Content Ownership

When you generate content using Credits purchased through our Services:

• We retain full ownership, including copyright and all associated intellectual property rights, of the Content created.
• Other users may be able to view and interact with your content within the functionalities provided by the platform.

7.3 Service Delivery and Content Utilization

We reserve the right to access and use your Content as required for providing our Services and ensuring legal compliance. This right persists even after the termination of this agreement.

We may use your Content to improve and train our machine learning models.

Content can and may be utilized for our promotional activities.

Content may be viewed and interacted with by the user community within the parameters of the platform's features.

8. Disclaimers Regarding AI-Generated Content

You acknowledge that:

• The Output generated for you may bear resemblances to content created for other users.
• Similar or even identical content might be generated for different users based on their inputs.
• AI-generated content can reflect inherent biases or limitations present in the data it was trained on.
• We offer no warranties or guarantees regarding the uniqueness or originality of the generated content.
• You are solely responsible for evaluating the accuracy, appropriateness, and suitability of any content generated through our Services for your intended use.

9. Sharing Content on Social Media

You are welcome to share the content you create using our Services on social media platforms. However, please be aware that:

• You are solely responsible for ensuring that your sharing complies with all applicable laws and the terms of service of Fairytale AI and the respective social media platforms.
• Your sharing activities must not infringe upon the rights of others.
• Violations of these principles or these Terms when sharing content may lead to account termination.
• You must adhere to these Terms in all aspects of your content sharing.

10. Credit Purchases and Payments

10.1 Credit Packages

Access to content generation features within the Services requires the use of Credits. Credits can be purchased in various package sizes as offered within the App or on the Website.

10.2 Payment Processing

All transactions for the purchase of Credit packages are processed through a 3rd party provider. By purchasing Credits, you agree to comply with the terms and conditions of our 3rd party provider, in addition to these Terms. We do not directly handle your payment card information; this is managed securely by our 3rd party provider.

10.3 Credit Usage

Credits are deducted from your account balance when you utilize features that require them. The number of credits required for a specific action will be clearly indicated within the Service interface.

10.4 Credit Expiration

Unless otherwise specified at the time of purchase, Credits you purchase expire after 12 months.

10.5 No Refunds for Used Credits

Except as required by law or the policies of the platform through which you made the purchase, purchases of Credit packages are non-refundable once the Credits have been used or credited to your account.

11. App Store Specific Terms

If you access the Fairytale AI App through the Apple App Store or the Google Play Store, the following terms also apply:

11.1 Apple App Store Users

These Terms constitute an agreement solely between you and Fairytale AI, not with Apple Inc. ("Apple"). Your license to use the App is limited to Apple-branded products that you own or control, as permitted by the App Store Terms of Service. Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you (if applicable). To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims you or any third party have relating to the App or your possession and use of the App. Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof. You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.

11.2 Google Play Store Users

These Terms constitute an agreement solely between you and Fairytale AI, not with Google LLC ("Google"). Your use of the App must comply with Google Play's Terms of Service. Google has no obligation to provide any maintenance or support services for the App. Refunds for purchases made through the Google Play Store are subject to Google Play's refund policies.

12. Refunds and Data Sharing

12.1 Refund Requests

If you purchased Credit packages through the Apple App Store, any refund requests must be directed to and processed through the Apple App Store. For purchases made via the Google Play Store, refund requests should be submitted through the Google Play platform. Refund decisions are made at the sole discretion of the respective platform providers.

12.2 Data Sharing for Refunds

In order to facilitate and verify refund requests submitted through Apple or Google, we may share certain data with Apple or Google, including:

• Dates and times of purchase.
• Records of Credit usage.
• Service usage metrics and statistics.
• Device information.
• Transaction history.
• Account status details.
• Data related to your progress or activity within the App.

This data is shared exclusively for the purpose of validating the eligibility of refund requests, preventing fraudulent claims, and ensuring compliance with the policies of the respective platforms.

13. Referral Program

Our referral program offers incentives to users who refer new individuals to our Services. Both the referrer and the referred individual may receive free Credits or other benefits as outlined in the program details. To receive benefits, referred individuals typically need to register through a unique referral link and may need to complete a qualifying action, such as making their first Credit purchase. Credits or benefits earned through the referral program may be subject to forfeiture if the referred user's initial purchase is refunded or charged back within a specified period. We reserve the right to modify the terms and conditions of the referral program at any time, with notice provided through the App or Website.

14. Misuse of Services

As a user of Fairytale AI, you agree to refrain from misusing our AI models and Services. Prohibited actions include, but are not limited to:

14.1 Content Restrictions

Generating Content that:

• Creates or promotes hostile or alienating environments.
• Is disturbing, distressing, or offensive.
• Perpetuates harmful stereotypes or biases.
• Is discriminatory based on factors such as race, ethnicity, religion, gender, sexual orientation, or disability.
• Involves the impersonation of individuals without their express consent.
• Is of an explicit sexual nature without consent.
• Contains misleading or false information intended to deceive or harm.
• Depicts extreme violence or gore.
• Involves sharing copyrighted material without the necessary permissions.

14.2 Specific Prohibitions

You must not generate Content that includes:

• Harmful representations of individuals, groups, cultures, or religions.
• Explicit sexual content or depictions of non-consensual sexual acts.
• Child exploitation or inappropriate content involving minors.
• Content depicting animal cruelty or harm.
• Hate speech or promotes discrimination.
• Content that endangers the safety or well-being of yourself or others.

14.3 Enforcement

Violations of these misuse provisions may result in:

• Immediate termination of your account.
• Removal of the offending Content.
• Restriction of your access to the Services.
• Potential legal action.
• Forfeiture of any remaining Credit in your account.

15. Content Filtering and Adult Responsibility

15.1 Content Filtering

We implement content filters designed to help ensure the generated content is age-appropriate. However, we cannot guarantee that these filters will be universally effective or meet all individual standards of appropriateness.

15.2 Adult Supervision and Review

Adult users are responsible for:

• Reviewing all generated Content, especially before sharing it with or exposing it to children.
• Ensuring that their use of the Services and any generated Content is appropriate for the age of any minors who may have access.
• Monitoring children's use of and access to the Services.
• Promptly reporting any inappropriate or concerning content encountered within the Services.

16. Data Usage and Privacy

16.1 Privacy Policy

Your use of the App and Website is subject to our Privacy Policy, available at /privacy-policy. By using our Services, you acknowledge that you have read, understood, and agree to the terms of our Privacy Policy, including the collection, use, and sharing of your information as described therein.

16.2 Data Collection and Use

We may collect and utilize various types of information, including:

• Account registration details.
• Usage patterns and activity data.
• Content you generate.
• Information related to your Credit purchases.
• Device-specific information.

16.3 Data Protection Measures

We implement reasonable security measures aimed at protecting:

• Your personal information.
• The security of your account.
• Information related to your Credit transactions.
• Any private content you choose to keep non-public.

17. Termination of Services

17.1 Our Right to Terminate

We reserve the right to suspend or terminate your access to the Services and delete your account and associated data, at our sole discretion, without prior notice, if:

• You breach these Terms.
• Your actions pose a potential risk or harm to us, other users, or the integrity of our Services.
• Your account exhibits extended periods of inactivity.
• You fail to fulfill payment obligations for Credit purchases.
• We reasonably believe that termination is necessary to protect our interests or comply with legal requirements.

17.2 Your Right to Terminate

You may terminate your agreement to these Terms by:

• Closing your account through the provided settings within the Services.
• Ceasing all use of our Services.

17.3 Effect of Termination

Upon termination of your account or access to the Services:

• Your ability to access and use the Services will cease immediately.
• Any fees paid for Credit purchases are generally non-refundable, except as explicitly stated otherwise in these Terms or required by applicable law or platform policy.
• Content you previously made public may remain accessible to others within the Services.
• Certain provisions of these Terms that by their nature should survive termination (such as ownership, disclaimers, limitations of liability, and governing law) will remain in effect.

18. Limitation of Liability

To the fullest extent permitted by applicable law, in no event shall Fairytale AI, its affiliates, officers, directors, employees, agents, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of profits.
• Loss of data.
• Loss of use.
• Loss of goodwill.
• Business interruption.
• Computer failure or malfunction.
• Any other commercial damages or losses.

This limitation applies regardless of the legal theory asserted, and even if we have been advised of the possibility of such damages.

19. Liability Caps

To the maximum extent permitted by law:

• Our total aggregate liability arising out of or related to these Terms or your use of the Services will not exceed the total amount you have paid to Fairytale AI for Credit purchases in the twelve (12) months immediately preceding the event giving rise to the liability.
• We shall have no liability whatsoever for any damages incurred by users who have not purchased Credit or incurred fees for the Services.
• Any liability for individual claims will be capped at the amount paid by the specific user related to that claim within the preceding 12 months.
• Liability for issues arising from technical malfunctions or service interruptions will be limited as set forth herein.

20. Disclaimer of Warranties

The App and Website are provided on an "as is" and "as available" basis, without warranties of any kind, either express or implied. We do not warrant that:

• The App will be free from errors or defects.
• Any identified defects will be corrected.
• The App is free of viruses or other harmful components.
• The Services will be uninterrupted or continuously available.
• The content generated will meet your specific requirements or expectations.
• AI-generated content will be unique or original.

We disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

21. Indemnification

You agree to defend, indemnify, and hold harmless Fairytale AI, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with:

• Your violation of these Terms.
• Your use or submission of Content that violates any third-party rights or applicable laws.
• Your illegal or unauthorized activities while using the Services.
• Any claims brought by third parties related to your misuse of the Services.
• Your breach of any representations or warranties made in these Terms.

22. Changes to Terms

We may update or revise these Terms from time to time. For significant changes, we will provide you with notice through the App, on our Website, or via email to the address associated with your account. Your continued use of the Services after receiving notice of changes indicates your acceptance of the revised Terms. If you do not agree with the updated Terms, you must cease using the Services and may terminate your account. The terms of the version of the Terms of Use in effect at the time of your use will govern until you accept any subsequent updates.

23. Force Majeure

We will not be liable for any delay or failure to perform our obligations under these Terms resulting from causes beyond our reasonable control, including, but not limited to, acts of God, natural disasters, governmental actions or decrees, civil unrest, war, acts of terrorism, network or technical failures, pandemics, or any other event outside of our reasonable control.

24. General Provisions

24.1 Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles. Any disputes arising from or relating to these Terms or the Services shall be brought exclusively in the state or federal courts located in Delaware.

24.2 Entire Agreement

These Terms, together with any policies or guidelines referenced herein, constitute the entire agreement between you and Fairytale AI regarding your use of the Services, superseding any prior agreements or understandings, whether written or oral.

24.3 Severability

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect, and the invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable.

24.4 Assignment

You may not assign or transfer these Terms or any of your rights or obligations hereunder without our prior written consent. We may assign or transfer these Terms, in whole or in part, without restriction. We will provide notice of any such assignment.

24.5 Third-Party Links

Our Services may contain links to third-party websites or services. We are not responsible for the content, privacy policies, or practices of these third-party sites. Accessing such service is at your own risk.

24.6 Notices

Any notices or communications from us to you will be deemed delivered when sent by email to the address registered with your account, posted within the App or on the Website, or delivered in person.

24.7 Privacy

Your use of the Services is subject to our Privacy Policy, available at /privacy-policy. By using our Services, you agree to the terms of our Privacy Policy.

24.8 Survival

The following sections of these Terms shall survive termination or expiration of this agreement: Content Ownership, Payment Obligations (for any accrued fees), Limitation of Liability, Indemnification, Disclaimer of Warranties, Governing Law and Jurisdiction, and General Provisions.

24.9 Contact Information

For questions or concerns regarding these Terms, please contact us at: Email: support@fairytaleaiapp.com.

24.10 Headings

The headings used in these Terms are for convenience only and do not affect the interpretation of the provisions.

24.11 Interpretation

The terms "include," "includes," and "including" are followed by "without limitation."

Terms of Use last updated: April 26th, 2025