Terms

Last Updated 5/31/2024

These Terms of Use (“Terms”) apply to your use of this website, the TaleSprout story generation services and any associated software applications and websites we provide (collectively, the “Service”). These Terms form a binding legal agreement between you and Visibility Fuel, LLC, doing business as TaleSprout, a Missouri limited liability company. By using the Service, you consent to be bound by these Terms and agree to their provisions.

Jurisdiction Specific Terms: If you reside in the European Economic Area, Switzerland, or the UK, your use of the Services is also governed by these Terms.

Privacy: Our Privacy Policy explains how we collect and use personal information. By using the Service, you also consent to the collection and use of your information as outlined in our Privacy Policy.

Who We Are: TaleSprout is dedicated to enhancing children’s reading through personalized storytelling enabled by computer systems and responsive algorithms intended to generate content.

Registration and Access:

  • Minimum Age: You must be at least 13 years old or the minimum age required in your country to use the Service. If you are under 18, you must have your parent or legal guardian’s permission to use the Service.
  • Registration: When registering for an account, you must provide accurate and complete information. You are responsible for all activities that occur under your account and must not share your account credentials.

Using Our Service:

  • Permitted Use: You are allowed to access and use our Service in accordance with these Terms and must comply with all applicable laws.
  • Prohibited Activities: You may not use our Service for any illegal or abusive activities. Prohibited activities include:
    • Using our Service to bully or intimidate.
    • Using our Service in a way that infringes, misappropriates or violates anyone’s rights.
    • Infringing on intellectual property.
    • Modifying, copying, leasing, selling or distributing any of our Services.
    • Distributing content for sale.
    • Using our Service to create competing products.
    • Reverse engineering, decompiling, or discovering the source code of our Services.
    • Automatically or programmatically extracting data or Output.
    • Representing that Output was human-generated when it was not.
    • Interfering with or disrupting our Services, including circumventing any rate limits or restrictions or bypassing any protective measures or safety mitigations we put on our Services.
    • Using Output to develop services that compete with TaleSprout

Content:

  • Your Content: You may input content (“Input”) and receive output (“Output”) based on your Input. TaleSprout retains ownership of the Output generated by the Service. Users are granted a non-exclusive, non-transferable license to use, reproduce, and display the Output for personal, non-commercial purposes.
  • Our Use of Content: We may use your Content to maintain and improve our Service, distribute in marketing or sales materials, comply with legal obligations, and ensure the safety of the Service.

Intellectual Property:

  • Our Rights: We own the intellectual property rights to the Service. You may use our branding as permitted by our Brand Guidelines.

Paid Accounts:

  • Billing: If you purchase any Service, you must provide accurate billing information. We will charge the payment method you provide at each renewal period.
  • Cancellation: You can cancel your paid subscription at any time; however, payments are generally non-refundable. 

Termination and Suspension:

Termination. You are free to stop using our Services at any time. We reserve the right to suspend or terminate your access to our Services or delete your account immediately if we determine:

  • You breached these Terms.
  • We must do so to comply with the law.
  • Your use of our Service could cause risk or harm to TaleSprout, our users, or anyone else.

We also may terminate your account if it has been inactive for over a year and you do not have a paid account.

Disclaimer of Warranties

OUR SERVICES ARE PROVIDED “AS IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND LICENSORS MAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) WITH RESPECT TO THE SERVICES, AND DISCLAIM ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR TRADE USAGE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE OR ERROR FREE, OR THAT ANY CONTENT WILL BE SECURE OR NOT LOST OR ALTERED. 

YOU ACCEPT AND AGREE THAT ANY USE OF OUTPUTS FROM OUR SERVICE IS AT YOUR SOLE RISK AND YOU WILL NOT RELY ON OUTPUT AS A SOLE SOURCE OF TRUTH OR FACTUAL INFORMATION, OR AS A SUBSTITUTE FOR PROFESSIONAL ADVICE.

Limitation of Liability

NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY UNDER THESE TERMS WILL NOT EXCEED ​​THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE OR ONE HUNDRED DOLLARS ($100). THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Indemnity

You agree to indemnify Visibility Fuel, LLC (TaleSprout) and its’ affiliates from and against any and all liabilities, expense (including attorney’s fees) and damages arising out of any claims resulting from your use of this website or Service, including without limitation any claims alleging facts that, if true, would constitute a breach by you of these Terms and Conditions of Use.

Dispute Resolution:

Any claim, dispute, or cause of action arising out of the use of the Service shall be subject to arbitration under the commercial arbitration rules of the American Arbitration Association, in a proceeding held before one arbitrator as chosen by Visibility Fuel, LLC. The arbitration shall occur in Boone County, Missouri. Any claim, dispute, or cause of action shall be resolved in the arbitration proceeding and shall be binding on all parties. You, as the consumer, waive and forfeit any and all rights to any action in state or federal court to defend or assert your rights.

Choice of Law

You agree that the laws of the State of Missouri govern this contract and any claim or dispute that you may have against us, without regard to Missouri’s conflict of laws rules. You further agree that a court located in Boone County, Missouri will resolve any disputes or claims that you may have against us.

General Terms:

  • We may update these Terms from time to time at our sole discretion.
  • We shall not be liable for any failure to perform our obligations under these Terms if such failure results from any cause beyond our reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials. This also includes outages or disruptions caused by third-party service providers, such as internet service providers, hosting services, and cloud infrastructure providers, essential to the operation of our Services.
  • These Terms, along with our Privacy Policy and any other legal notices published by us on our website, constitute the entire agreement between you and us concerning your use of the Services. Any other agreements, representations, or warranties made during negotiations or discussions preceding these Terms, whether written or oral, are superseded by these Terms.
  • All content included on this website, such as text, graphics, logos, images, and software, is the property of TaleSprout or its content suppliers and is protected by international copyright laws. Unauthorized use of this content is strictly prohibited.
  • For any questions or concerns regarding these Terms or the Services, please contact us at hello@talesprout.co.
  • Access to the Services may be periodically interrupted for maintenance, upgrades, interruptions to third-party services, or other reasons. We will endeavor to notify you of any scheduled maintenance that may impact your use of the Services.

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