Terms of Service

Effective Date: January 1, 2025

Welcome to CoziTales ("we", "our", or "us"). These Terms of Service ("Terms") govern your access to and use of our website, products, and services, including the creation of personalized children's books featuring your uploaded content (the "Services"). By accessing or using the Services, you agree to be bound by these Terms.

1. Eligibility

You must be at least 18 years old to use our Services. By using our Services, you represent and warrant that you have the legal capacity to enter into this agreement.

2. Personalized Content and User Submissions

Our Services allow you to upload photos and other content ("User Content") to create a personalized book.

a. Ownership

You retain all ownership rights to the User Content you upload. However, by submitting User Content, you grant us a non-exclusive, worldwide, royalty-free license to use, modify, reproduce, and display your User Content solely for the purpose of creating and delivering your personalized product and for customer service purposes.

b. Responsibility

You are solely responsible for the content you submit. You affirm that:

  • You own or have the necessary rights and permissions to use and upload the content.
  • You have obtained appropriate consent from anyone depicted in the images, especially minors.
  • Your User Content does not infringe on any third-party rights or violate any laws.

We reserve the right to reject or remove content that we believe violates these Terms or is otherwise inappropriate.

3. AI-Generated Content

Our Services use artificial intelligence technology to generate personalized stories and illustrations based on your inputs ("AI-Generated Content"). By using our Services, you acknowledge and agree that:

  • AI-Generated Content is created algorithmically based on your prompts and uploaded photos.
  • You are responsible for the prompts and inputs you provide to generate content.
  • We do not guarantee that AI-Generated Content will be free from errors, inaccuracies, or unintended outputs.
  • AI-Generated Content is intended for personal, non-commercial use only unless otherwise agreed in writing.
  • You may not use our Services to generate content that infringes on third-party intellectual property rights, including but not limited to copyrighted characters, trademarks, or other protected materials.

While we implement technical measures to prevent the generation of infringing content, you remain solely responsible for ensuring your prompts and the resulting content do not violate any third-party rights.

4. Prohibited Uses

You agree not to use the Services to:

  • Upload content that is unlawful, harmful, abusive, harassing, defamatory, obscene, or otherwise objectionable.
  • Infringe the intellectual property or privacy rights of others.
  • Request or attempt to generate content featuring copyrighted characters, trademarks, or other protected intellectual property belonging to third parties (including but not limited to characters from movies, TV shows, video games, books, or other media).
  • Create content intended to impersonate, defame, or harm any individual.
  • Generate content that depicts violence, adult themes, or other inappropriate material for children.
  • Interfere with the operation of the Services or circumvent any security measures.
  • Use the Services for any commercial purpose, including resale of generated content, without our express written permission.

5. Intellectual Property

All materials provided on the platform, including text, graphics, logos, templates, and the underlying AI technology (excluding your User Content), are the property of CoziTales or its licensors and are protected by intellectual property laws. You may not copy, modify, or distribute our content without our express permission.

a. Your Generated Content

Subject to your compliance with these Terms, you are granted a personal, non-exclusive, non-transferable license to use the AI-Generated Content in your purchased books for personal, non-commercial purposes. This license does not grant you any ownership of the underlying AI models, algorithms, or platform technology.

b. Third-Party Intellectual Property

You acknowledge that requesting content based on copyrighted characters, trademarks, or other protected intellectual property belonging to third parties may constitute infringement. CoziTales is not responsible for any claims arising from your attempt to generate such content. Our AI systems are designed to create original content and may transform or decline requests that reference protected properties.

6. Orders and Payment

By placing an order, you agree to pay the specified price, including any applicable taxes and shipping fees. All sales are final once production of the personalized book has begun due to the custom nature of the product, unless otherwise stated in our Return Policy.

7. Privacy

We take your privacy seriously. Please review our Privacy Policy to understand how we collect, use, and safeguard your information.

8. Indemnification

You agree to indemnify, defend, and hold harmless CoziTales, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Services; (b) your User Content or prompts; (c) your violation of these Terms; (d) your violation of any third-party rights, including intellectual property rights; or (e) any claim that content generated based on your prompts infringes or violates the rights of any third party.

9. DMCA and Copyright Claims

We respect the intellectual property rights of others. If you believe that any content on our platform infringes your copyright, please submit a notice containing:

  • A description of the copyrighted work you claim has been infringed.
  • A description of where the allegedly infringing material is located on our platform.
  • Your contact information (address, phone number, email).
  • A statement that you have a good faith belief that the use is not authorized by the copyright owner.
  • A statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on their behalf.
  • Your physical or electronic signature.

Please send DMCA notices to our designated agent via our support team. We will respond to valid notices in accordance with applicable law.

10. Disclaimer of Warranties

We provide the Services "as is" and "as available" without warranties of any kind, whether express or implied. We do not guarantee that the Services will be uninterrupted, error-free, or meet your expectations. We make no warranties regarding the accuracy, reliability, or quality of any AI-Generated Content. You acknowledge that AI technology may produce unexpected or imperfect results.

11. Limitation of Liability

To the fullest extent permitted by law, CoziTales shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Services, including but not limited to: errors in your personalized product caused by incorrect or unauthorized User Content; any claims of intellectual property infringement arising from content you requested; or any issues with AI-Generated Content. Our total liability for any claims arising under these Terms shall not exceed the amount you paid for the specific product or service giving rise to the claim.

12. Termination

We reserve the right to suspend or terminate your access to the Services at our discretion, without prior notice, especially if you violate these Terms, attempt to generate infringing content, or engage in any conduct we deem harmful to our platform or other users.

13. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Any disputes arising from these Terms or your use of the Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive relief in any court of competent jurisdiction.

14. Changes to Terms

We may update these Terms from time to time. If we make significant changes, we will notify you via email or through the Services. Continued use after changes constitutes your acceptance of the new Terms.

15. Contact Us

If you have any questions about these Terms, please contact our support team.