Terms of Service

1. Introduction and Parties

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and:

• Business name: talesofus.ai (Eenmanszaak)
• KvK-nummer: 98879200
• Address: Anna van Buerenplein 56, 2595DB Den Haag, Netherlands
• Email: hi@talesofus.ai

By placing an order or using our services, you confirm that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and our Return Policy. If you do not agree to these Terms, please do not use our services.

2. Description of Service

TalesOfUs provides a service for creating personalized AI-generated storybooks. Our service includes:

• Story customization: You provide a character name, reference photo, story preferences, and customization choices
• AI generation: We use artificial intelligence to generate a unique illustrated story based on your inputs
• Digital delivery: Your completed story is delivered as downloadable EPUB and PDF files
• Print fulfillment: Optionally, a professionally printed hardcover book is produced and shipped to your address

No account required: Our service operates on a per-order basis. You do not need to create an account to use our service.

3. Eligibility

To use our service, you must:

• Be at least 18 years of age, or the age of majority in your jurisdiction
• Have the legal capacity to enter into a binding contract
• Provide accurate and complete information when placing an order

Our storybooks are designed as gifts for children, but the ordering service is intended for adult purchasers (parents, guardians, relatives, or gift-givers).

4. Placing an Order

4.1 Order Process

When you place an order, you will:

1. Provide story customization details (character name, preferences, etc.)
2. Upload a reference photo for character illustration
3. Review a preview of your story's title, summary, and cover image
4. Provide shipping information (for printed books)
5. Complete payment through our secure payment processor (Stripe)

4.2 Contract Formation

A binding contract is formed when you complete the checkout process and receive an order confirmation. By completing checkout, you authorize us to charge your payment method and begin generating your personalized content.

4.3 Pricing

All prices are displayed in Euros (EUR) and include applicable taxes where required. Shipping costs are calculated at checkout based on your delivery address and chosen shipping method. Prices are subject to change, but changes will not affect orders already placed.

5. AI-Generated Content

5.1 Nature of AI Content

You acknowledge and accept that AI-generated content may:

• Contain narrative inconsistencies, unexpected plot elements, or creative variations
• Include grammatical irregularities or stylistic variations
• Feature illustrations that vary in style, quality, or accuracy to the reference photo
• Differ from your expectations despite our best efforts to match your preferences

These characteristics are inherent to AI-generated content and do not constitute defects. See our Return Policy for details on what qualifies for a refund.

5.2 Content Moderation

Our AI providers (OpenAI and Leonardo.ai) implement content moderation to prevent the generation of harmful, illegal, or inappropriate content. We do not guarantee that all generated content will be suitable for all audiences, and you are responsible for reviewing the final product.

6. Photos and Your Content

6.1 Photo Upload License

By uploading a photo, you grant us a limited, non-exclusive license to use that photo for the sole purpose of generating illustrations for your personalized story. This license includes the right to transmit the photo to our AI service provider (Leonardo.ai) for image generation.

6.2 Photo Requirements and Representations

By uploading a photo, you represent and warrant that:

• You own the photo or have permission from the copyright holder to use it
• If the photo depicts another person, you have their consent (or parental/guardian consent for minors) to use their likeness
• The photo does not contain illegal, obscene, or harmful content
• Use of the photo for our service does not violate any third-party rights

6.3 Photo Storage

Uploaded photos are stored by our third-party AI provider (Leonardo.ai) according to their data retention policies. See our Privacy Policy for details on how to request deletion.

7. Intellectual Property

7.1 Your Rights to the Generated Content

Upon full payment, you receive a personal, non-exclusive license to use your generated storybook for private, non-commercial purposes. This includes:

• Reading and sharing the book with family and friends
• Giving the book as a gift
• Making personal copies for backup purposes

7.2 Restrictions

You may not:

• Sell, license, or commercially distribute the generated content
• Claim authorship of the AI-generated text or illustrations
• Use the content for commercial advertising or promotional purposes
• Remove or alter any copyright notices or attributions

7.3 Our Rights

We retain the right to use anonymized or aggregated data about generated content to improve our services. We will not use your specific story or illustrations for marketing without your consent.

8. Delivery

8.1 Digital Products

Digital files (EPUB and PDF) are typically available for download within 24-48 hours after order completion. Download links are sent to the email address provided at checkout.

8.2 Physical Books

Printed books are produced by our print-on-demand partner (Lulu.com) and shipped directly to your address. Typical timelines are:

• Production: 3-5 business days (5-9 business days during peak seasons)
• Shipping: Varies by shipping method selected at checkout (delivery estimates shown during checkout)

Delivery times are estimates and not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events beyond our control.

8.3 Shipping Address

You are responsible for providing an accurate shipping address. We are not responsible for orders shipped to incorrect addresses provided by you. Additional shipping charges may apply for redelivery.

9. Cancellations and Refunds

Our cancellation and refund policies are detailed in our Return Policy. Key points:

• Orders cannot be cancelled once AI generation has begun
• Digital products are non-refundable once delivered
• Physical books may be returned only for printing defects or shipping damage
• Dissatisfaction with AI-generated content quality does not qualify for a refund

Please review our full Return Policy before ordering.

10. Prohibited Uses

You agree not to use our service to:

• Create content that is illegal, harmful, threatening, defamatory, or harassing
• Generate content that promotes hatred, violence, discrimination, or illegal activities
• Upload photos without proper rights or consent
• Attempt to circumvent our AI providers' content moderation
• Interfere with or disrupt our service or servers
• Use automated tools to access or scrape our service
• Impersonate any person or entity

We reserve the right to refuse service and cancel orders that violate these terms.

11. Limitation of Liability

To the maximum extent permitted by applicable law:

• Our total liability for any claim arising from your use of the service is limited to the amount you paid for the specific order in question
• We are not liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill
• We are not liable for the quality, accuracy, or appropriateness of AI-generated content
• We are not liable for delays or failures caused by third-party service providers (payment processors, printing partners, shipping carriers)

Consumer rights: Nothing in these Terms affects your statutory rights as a consumer under applicable law, including Dutch and EU consumer protection laws.

12. Indemnification

You agree to indemnify and hold harmless talesofus.ai from any claims, damages, losses, or expenses (including legal fees) arising from:

• Your violation of these Terms
• Your upload of photos without proper rights or consent
• Your use of the generated content in violation of these Terms
• Any third-party claims related to content you provided

13. Service Availability

We strive to maintain reliable service but do not guarantee uninterrupted availability. We may:

• Temporarily suspend service for maintenance or updates
• Modify or discontinue features with reasonable notice
• Experience service interruptions due to factors beyond our control

We are not liable for any loss or inconvenience caused by service interruptions.

14. Privacy

Your privacy is important to us. Our collection and use of personal data is governed by our Privacy Policy, which forms part of these Terms. By using our service, you consent to our data practices as described in the Privacy Policy.

15. Changes to Terms

We may update these Terms from time to time. When we make material changes:

• We will update the "Last updated" date at the top of this page
• For significant changes, we will provide notice on our website
• Changes will not affect orders already placed under previous terms

Your continued use of our service after changes become effective constitutes acceptance of the updated Terms.

16. Governing Law and Disputes

16.1 Governing Law

These Terms are governed by the laws of the Netherlands. If you are a consumer in the European Union, you also benefit from mandatory consumer protection provisions of your country of residence.

16.2 Dispute Resolution

We encourage you to contact us first at hi@talesofus.ai to resolve any issues. If we cannot resolve a dispute informally:

• EU consumers: You may use the European Commission's Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr
• Legal proceedings: Disputes will be submitted to the competent courts in The Hague, Netherlands, unless mandatory consumer protection laws require otherwise

17. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable while preserving its intent.

18. Entire Agreement

These Terms, together with our Privacy Policy and Return Policy, constitute the entire agreement between you and talesofus.ai regarding your use of our service. These Terms supersede any prior agreements or communications.

19. Contact Information

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

• Email: hi@talesofus.ai
• Address: talesofus.ai, Anna van Buerenplein 56, 2595DB Den Haag, Netherlands

We aim to respond to all inquiries within 48 hours on business days.