Terms of Service

Last Updated: April 7, 2024

1. Acceptance of Terms

By accessing or using the AIStory website, mobile application, or any other services provided by AIStory (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Services.

These Terms constitute a legally binding agreement between you and AIStory, Inc. ("AIStory," "we," "us," or "our"). These Terms apply to all visitors, users, and others who access or use the Services.

2. Changes to Terms

We reserve the right to modify these Terms at any time. If we make changes, we will provide notice by updating the date at the top of these Terms and, in some cases, providing additional notice (such as adding a statement to our homepage or sending you an email notification).

Your continued use of the Services after any such changes constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must stop using the Services.

3. Privacy Policy

Please refer to our Privacy Policy for information about how we collect, use, and disclose information about you. By using the Services, you acknowledge and agree that we may process your personal data in accordance with our Privacy Policy.

4. Account Registration

To access certain features of the Services, you may need to register for an account. When you register, you agree to provide accurate, current, and complete information about yourself and to keep this information updated.

You are responsible for safeguarding your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

We reserve the right to disable your account at any time, including if we believe that you have violated these Terms.

5. User Content

Our Services allow you to create, post, store, share, and otherwise make available certain information, text, graphics, videos, or other material ("User Content"). You retain all rights in, and are solely responsible for, the User Content you create using our Services.

By making any User Content available through the Services, you grant to AIStory a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform, and otherwise use your User Content in connection with operating and providing the Services.

You represent and warrant that:

• You own or have the necessary rights to use and authorize the use of your User Content as described in these Terms;
• Your User Content does not violate the privacy rights, publicity rights, intellectual property rights, or any other rights of any person; and
• Your User Content does not violate any applicable law or regulation.

You agree not to create, post, store, or share any User Content that:

• Is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable;
• Infringes any patent, trademark, trade secret, copyright, or other intellectual property right of any party;
• Contains software viruses or any other computer code designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment;
• Impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
• Contains private or personal information of a third party without their consent;
• Contains unsolicited promotions, political campaigning, advertising, or solicitations;
• Is designed to deceive or mislead other users; or
• Interferes with or disrupts the Services or servers or networks connected to the Services.

We reserve the right to remove any User Content that violates these Terms or that we determine in our sole discretion is harmful, offensive, or otherwise inappropriate.

6. AI-Generated Content

Our Services use artificial intelligence ("AI") technologies to help users create stories and other content. You understand and acknowledge that:

• AI-generated content may not be perfect and may contain errors, biases, or inappropriate content;
• You are responsible for reviewing and editing any AI-generated content before publishing or sharing it;
• We do not guarantee the accuracy, quality, or appropriateness of AI-generated content;
• You may not use our AI features to generate content that violates these Terms or any applicable laws.

7. Intellectual Property Rights

The Services and their contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by AIStory, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the Services for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
• If we provide social media features with certain content, you may take such actions as are enabled by such features.

8. Subscription and Payment

Some aspects of the Services may be provided for a fee. If you elect to use such premium features, you agree to pay the applicable fees and any taxes as described on the Services. All payments are non-refundable unless otherwise expressly noted.

Your subscription will automatically renew at the end of each subscription period unless you cancel your subscription before the end of the current subscription period. You can cancel your subscription at any time through your account settings.

We reserve the right to change our prices at any time. If we change our prices, we will provide notice of the change on the Services or by email, at our option, at least 30 days before the change takes effect.

9. Termination

We may terminate or suspend your access to all or part of the Services, without notice, for any conduct that we, in our sole discretion, believe is in violation of these Terms or is harmful to other users, us, or third parties, or for any other reason.

Upon termination, your right to use the Services will immediately cease. If you wish to terminate your account, you may simply discontinue using the Services, or you may delete your account through your account settings.

All provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

10. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE SERVICES.

11. Limitation of Liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR CONTENT PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; (C) ANY CONTENT OBTAINED FROM THE SERVICES; AND (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

IN NO EVENT WILL OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100) OR THE AMOUNT YOU PAID US, IF ANY, IN THE LAST 12 MONTHS.

12. Indemnification

You agree to defend, indemnify, and hold harmless AIStory and its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (a) your use of and access to the Services; (b) your violation of any term of these Terms; (c) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (d) any claim that your User Content caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Services.

13. Governing Law and Jurisdiction

These Terms and your use of the Services shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the City of San Francisco and County of San Francisco. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

14. Miscellaneous

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire agreement between you and us regarding the Services.

Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect.

If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

You may not assign, transfer, or sublicense these Terms without our prior written consent. We may assign these Terms at any time without notice.

15. Contact Information

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

Email: [email protected]

Postal Mail: AIStory, Inc.

123 Story Lane

San Francisco, CA 94105