Terms of Service

1. Agreement to Terms

Welcome to Taleberry ("Service", "we", "us", or "our"), operated by Echodial LLC, doing business as Taleberry, located at 8733 Cochise Lane, Port Richey, FL 34668, United States.

These Terms of Service ("Terms") govern your access to and use of our website, services, and applications. By accessing or using our Service, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service.

Important: These Terms contain an arbitration clause and class action waiver. Please read Section 16 carefully.

3. Service Description

Taleberry provides:

• AI Story Generation: Custom stories created using artificial intelligence based on your preferences
• Reading Platform: Digital story reading with interactive features
• Educational Content: Reading comprehension lessons and quizzes
• Gamification: Points, badges, streaks, and leaderboards to encourage reading
• Print Services: Option to print stories into physical books via third-party service (Blurb)
• Teacher Tools: Classroom management and student progress tracking

Service Availability: We strive for 99% uptime but do not guarantee uninterrupted access. We may modify, suspend, or discontinue features at any time without notice.

4. Subscription Plans and Payment

4.1 Subscription Tiers

We offer multiple subscription plans with different features and limits. Current plans and pricing are displayed on our website. We reserve the right to modify pricing with 30 days notice to existing subscribers.

4.2 Billing

• Automatic Renewal: Subscriptions automatically renew unless canceled before the renewal date
• Payment Method: You authorize us to charge your payment method on file
• Failed Payments: If payment fails, we may suspend or terminate your subscription
• Price Changes: We will notify you 30 days before any price increase takes effect
• Taxes: You are responsible for applicable sales tax, VAT, or other taxes

4.3 Cancellation and Refunds

• Cancellation: You may cancel your subscription at any time from your account settings
• Effect of Cancellation: Access continues until the end of your billing period
• No Partial Refunds: We do not provide refunds for partial months or unused service
• 30-Day Money Back: New subscribers may request a full refund within 30 days of first charge
• Print Orders: Print orders are non-refundable once submitted to the printer

4.4 Upgrades and Downgrades

• Upgrades: Take effect immediately; prorated credit applied to first billing cycle
• Downgrades: Take effect at the end of the current billing period
• Feature Access: Downgrading may result in loss of features or content

5. Acceptable Use and Restrictions

5.1 You May Not:

• Use the Service for any illegal purpose or in violation of any laws
• Create stories containing violent, sexual, hateful, or inappropriate content
• Attempt to access another user's account without permission
• Share your account with unauthorized users
• Reverse engineer, decompile, or disassemble any part of the Service
• Use automated tools (bots, scrapers) to access the Service
• Circumvent usage limits or entitlements
• Interfere with or disrupt the Service or servers
• Upload viruses, malware, or malicious code
• Resell, sublicense, or redistribute the Service
• Remove copyright, trademark, or proprietary notices

5.2 Content Moderation

We reserve the right to review, flag, or remove any user-generated content that violates these Terms. While we use AI content filters, we cannot guarantee that all inappropriate content will be blocked.

5.3 Account Termination

We may suspend or terminate your account immediately, without notice, if you violate these Terms. Upon termination, you forfeit any remaining subscription time without refund.

6. Intellectual Property Rights

6.1 Our Intellectual Property

The Service, including all software, code, design, graphics, logos, and trademarks, is owned by Echodial LLC and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works without our written permission.

6.2 User-Generated Content

Your Stories: You retain ownership of stories you create using our Service. However, by using the Service, you grant us a worldwide, non-exclusive, royalty-free license to:

• Store, display, and process your stories to provide the Service
• Use anonymized story data to improve our AI models
• Display stories in community sections (if you choose to share them publicly)

AI-Generated Content: Stories generated by our AI are created based on your inputs. While you may use these stories for personal, non-commercial purposes, the underlying AI models and generation process remain our intellectual property.

6.3 Third-Party Content

Our AI may incorporate styles, themes, or references from public domain works or licensed content. We do not claim ownership of third-party intellectual property.

6.4 Copyright Infringement

If you believe content on our Service infringes your copyright, contact us at: admin@taleberry.app

8. Disclaimers and Warranties

8.1 Service Provided "AS IS"

THE 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, TITLE, OR NON-INFRINGEMENT.

8.2 No Guarantee of Results

We do not guarantee that:

• The Service will meet your specific requirements
• The Service will be uninterrupted, secure, or error-free
• AI-generated stories will be of a particular quality
• Any defects will be corrected
• Your child's reading skills will improve (though we hope they will!)

8.3 Third-Party Services

Our Service relies on third parties (OpenAI, Authorize.Net, Blurb). We are not responsible for their failures, errors, or service interruptions.

10. Indemnification

You agree to indemnify, defend, and hold harmless Echodial LLC, its officers, directors, employees, agents, and affiliates from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from or relating to:

• Your use or misuse of the Service
• Your violation of these Terms
• Your violation of any rights of another user or third party
• Content you create or share through the Service
• Your breach of any representations or warranties

11. Privacy

Your use of the Service is subject to our Privacy Policy, available at kids-bedtime-stories.app/privacy. By using the Service, you consent to our collection and use of your information as described in the Privacy Policy.

COPPA Compliance: We comply with the Children's Online Privacy Protection Act. Parents must provide verifiable consent before we collect any information from children under 13.

12. Teacher and Classroom Accounts

12.1 Teacher Responsibilities

If you create a teacher account, you represent that:

• You are a licensed educator or authorized school official
• You have permission from your school/institution to use the Service
• You have obtained necessary consents from parents/guardians
• You will supervise students' use of the Service
• You will comply with FERPA and other student privacy laws

12.2 Student Data

Teacher accounts must comply with educational privacy laws including FERPA and COPPA. Teachers are responsible for:

• Obtaining parental consent before adding students
• Using only first names or pseudonyms for students
• Protecting student login credentials
• Reviewing and approving content before assigning to students

13. Print-to-Book Services

13.1 Third-Party Printing

Physical book printing is provided by Blurb, a third-party service. By ordering a printed book, you agree to:

• Blurb's terms of service and policies
• Provide accurate shipping information
• Accept that print quality and shipping times are controlled by Blurb

13.2 Print Order Policies

• Non-Refundable: Print orders cannot be canceled or refunded once submitted
• Quality Issues: Contact Blurb directly for printing defects or damage
• Shipping: Delivery times are estimates; delays may occur
• International Orders: You are responsible for customs fees and import taxes

14. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes by:

• Updating the "Last Updated" date
• Sending an email to your registered address
• Displaying a notice on our website

Your continued use of the Service after changes take effect constitutes acceptance of the new Terms. If you do not agree to the changes, you must stop using the Service and cancel your subscription.

15. Governing Law and Jurisdiction

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

Any legal action or proceeding arising under these Terms shall be brought exclusively in the state or federal courts located in Pasco County, Florida, and you consent to the personal jurisdiction of such courts.

17. General Provisions

17.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Echodial LLC regarding the Service.

17.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

17.3 Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

17.4 Assignment

You may not assign or transfer these Terms without our written consent. We may assign these Terms without restriction.

17.5 Force Majeure

We are not liable for any failure to perform due to circumstances beyond our reasonable control, including acts of God, war, terrorism, pandemic, natural disasters, or third-party service failures.

17.6 Survival

Sections that by their nature should survive termination (including intellectual property, disclaimers, limitation of liability, and dispute resolution) will survive termination of these Terms.