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Terms and Conditions

Last Updated: November 2, 2024

1. Agreement to Terms

By accessing or using TinyStoked's website and services ("Service"), you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, please do not use our Service.

Important: These Terms govern your use of our AI-powered personalized book generation service. By using our Service, you acknowledge and agree that artificial intelligence technology is used to create content.

2. Description of Service

TinyStoked provides a service that allows parents and guardians to create personalized adventure books featuring their children. Our Service uses:

  • Artificial Intelligence (AI): OpenAI's GPT-4 for story generation and DALL-E 3 for illustration creation
  • Customization Options: Activity themes (surf, skate, climb, explore, etc.)
  • Personalization: Child's name, age, appearance details, and preferences
  • Digital Delivery: PDF download of your personalized book
  • Print Options: Physical book printing and shipping (coming soon)

3. AI-Generated Content Disclosure

Important AI Disclosure:

All stories and illustrations are generated using artificial intelligence technology. By using our Service, you understand and agree that:

3.1 Nature of AI Content

  • Stories are created by AI language models based on your input and our prompts
  • Illustrations are generated by AI image models using text descriptions
  • While we strive for quality, AI-generated content may occasionally contain unexpected variations or imperfections
  • Each book is unique and cannot be exactly replicated, even with identical inputs

3.2 Quality Standards

We have implemented safeguards to ensure age-appropriate, positive content. However, due to the nature of AI generation:

  • We review AI-generated content for appropriateness before delivery
  • Content is designed for toddlers and young children (ages 2-5)
  • Stories promote positive values, adventure, and exploration
  • If you receive content that does not meet our quality standards, please contact us for a refund or regeneration

3.3 Data Processing by AI Providers

Your personalization data (child's name, appearance, preferences) is sent to OpenAI's services to generate content. This processing is necessary to provide the Service. See our Privacy Policy for details.

4. User Eligibility

You must be at least 18 years old to use our Service. By using our Service, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into these Terms.

If you are creating a book for a child, you represent that you are the parent or legal guardian of that child and have the authority to provide their information and consent to its use as described in these Terms and our Privacy Policy.

5. Account Registration

To use our Service, you must create an account by providing a valid email address. You agree to:

  • Provide accurate, current, and complete information
  • Maintain the security of your account
  • Promptly update any changes to your information
  • Not share your account access with others
  • Notify us immediately of any unauthorized use of your account

You are responsible for all activities that occur under your account. We are not liable for any loss or damage arising from your failure to maintain account security.

6. Payments and Refunds

6.1 Pricing

Prices for our Service are displayed on our website and are subject to change. We reserve the right to modify pricing at any time, but changes will not affect orders already placed.

6.2 Payment Processing

Payments are processed through secure third-party payment processors. We do not store your payment card information. By providing payment information, you authorize us to charge the applicable fees.

6.3 Refund Policy

We want you to be satisfied with your purchase. Our refund policy:

  • Digital Products: Refunds available within 7 days of purchase if you are unsatisfied with the quality
  • Technical Issues: Full refund if we cannot deliver your product due to technical problems
  • Quality Issues: If AI-generated content does not meet our quality standards, we will offer a regeneration or refund
  • Physical Books: Refunds or replacements for damaged or defective products (shipping costs may apply)

To request a refund, contact us at hello@tinystoked.com with your order details and reason for the refund request.

6.4 No Refund Situations

Refunds will not be issued for:

  • Change of mind after receiving a satisfactory product
  • User error in providing personalization details (e.g., incorrect child name or details)
  • Natural variations in AI-generated content that still meet quality standards

7. Intellectual Property Rights

7.1 Your Rights to Generated Content

When you purchase a personalized book, you receive:

  • Personal Use License: You may use the book for personal, non-commercial purposes
  • Printing Rights: You may print physical copies for personal use
  • Sharing: You may share the book with family and friends

7.2 Restrictions

You may NOT:

  • Sell, license, or commercially exploit the generated content
  • Use the content for marketing or advertising without our permission
  • Claim ownership of the AI-generated artwork or stories
  • Remove or alter any TinyStoked branding or credits
  • Mass-produce or redistribute the content

7.3 Our Intellectual Property

The TinyStoked brand, logo, website design, and Service platform are owned by TinyStoked and protected by intellectual property laws. Our trademarks and copyrighted materials may not be used without our written permission.

7.4 AI-Generated Content Ownership

AI-generated content is created by OpenAI's models. Ownership and rights to AI-generated content are subject to OpenAI's terms and applicable copyright law. We grant you the license described above to use your personalized content.

8. Acceptable Use

You agree not to:

  • Use the Service for any illegal or unauthorized purpose
  • Violate any laws in your jurisdiction
  • Harass, abuse, or harm others
  • Submit false, misleading, or deceptive information
  • Attempt to reverse engineer or hack our Service
  • Use automated systems (bots) to access the Service
  • Submit content that is offensive, harmful, or inappropriate
  • Infringe on the intellectual property rights of others
  • Transmit viruses, malware, or harmful code

We reserve the right to suspend or terminate your account for violation of these acceptable use terms.

9. User Content and Responsibility

When you provide information to personalize a book (child's name, appearance, preferences), you represent and warrant that:

  • You have the right to provide this information
  • The information is accurate and not misleading
  • The information does not violate any third-party rights
  • You are the parent or legal guardian of the child

You are solely responsible for the information you provide. We are not liable for any consequences arising from inaccurate or inappropriate information you submit.

10. Disclaimers and Limitations of Liability

10.1 Service "As Is"

Our 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, or non-infringement.

10.2 AI Content Disclaimer

We do not guarantee that AI-generated content will meet your expectations or be free from errors, inaccuracies, or variations. While we strive for quality, the nature of AI means results can vary.

10.3 Third-Party Services

Our Service relies on third-party services (OpenAI, Supabase, Cloudflare, etc.). We are not responsible for any failures, interruptions, or issues caused by these third-party services.

10.4 Limitation of Liability

To the maximum extent permitted by law, TinyStoked shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses.

Our total liability to you for any claims arising from your use of the Service shall not exceed the amount you paid to us in the twelve (12) months preceding the claim.

11. Indemnification

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

  • Your access to or use of the Service
  • Your violation of these Terms
  • Your violation of any third-party rights
  • The information you provide to us

12. Termination

We may suspend or terminate your account and access to the Service at any time, with or without notice, for any reason, including if we believe you have violated these Terms.

Upon termination, your right to use the Service will immediately cease. You may still retain access to books you have already purchased, but you will not be able to generate new books.

You may terminate your account at any time by contacting us at hello@tinystoked.com.

13. Changes to Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by:

  • Posting the updated Terms on this page with a new "Last Updated" date
  • Sending an email notification to your registered email address

Your continued use of the Service after changes are posted constitutes your acceptance of the updated Terms. If you do not agree to the new Terms, you must stop using the Service.

14. Governing Law and Dispute Resolution

14.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law principles.

14.2 Dispute Resolution

In the event of any dispute arising out of or relating to these Terms or the Service, you agree to first attempt to resolve the dispute informally by contacting us at hello@tinystoked.com.

14.3 Arbitration

If we cannot resolve the dispute informally within 30 days, you agree that any dispute will be resolved through binding arbitration in accordance with the American Arbitration Association's rules, rather than through court proceedings.

Exception: Either party may bring a claim in small claims court if it qualifies.

15. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

16. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and TinyStoked regarding the use of our Service and supersede any prior agreements or understandings.

17. Contact Information

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

TinyStoked

Email: hello@tinystoked.com

Privacy Inquiries: privacy@tinystoked.com

Summary of Key Terms

  • All content is generated using AI (OpenAI GPT-4 and DALL-E 3)
  • You receive a personal use license for your purchased books
  • Refunds available within 7 days for quality issues
  • You must be 18+ and have authority to provide child information
  • Commercial use of generated content is prohibited
  • Service provided "as is" with AI content variations expected
  • Disputes resolved through arbitration (California law applies)

By using TinyStoked, you acknowledge that you have read, understood, and agree to these Terms and Conditions.