Terms of Service

1. Acceptance of Terms

These Terms of Service (these "Terms") constitute a legally binding agreement between you and LB Ventures LLC, a Delaware limited liability company doing business as Little Bookery ("Company," "we," "us," or "our"), governing your access to and use of the Little Bookery website, application, and related services (collectively, the "Service"). By creating an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and by the Privacy Policy and the Children's Data, Likeness & Retention Policy, each of which is incorporated herein by reference. If you do not agree to these Terms, you may not access or use the Service.

In the event of a conflict between these Terms and the Children's Data, Likeness & Retention Policy with respect to the collection, use, or retention of information concerning a child, the Children's Data, Likeness & Retention Policy shall control.

2. Definitions

"Content" means all text, images, photographs, illustrations, audio, and other materials, in any form or medium.

"Generated Content" means Content produced by or through the Service's automated systems, including without limitation story text, character illustrations, page illustrations, and cover illustrations.

"User Content" means Content that you submit, upload, or otherwise provide to the Service, including without limitation photographs, names, descriptive attributes, preferences, and dedication text.

"Storybook" means a compilation of Generated Content and User Content produced through the Service.

"Subject Child" means the minor individual about whom User Content is provided and who is depicted or referenced in a Storybook.

"Physical Product" means any printed, tangible good ordered through the Service.

3. Eligibility

The Service is intended solely for use by individuals who are at least eighteen (18) years of age and who possess the legal capacity to enter into a binding contract. By using the Service, you represent and warrant that you satisfy the foregoing requirements. The Service is not directed to children, and children are not permitted to create accounts or to use the Service directly.

4. Description of the Service; Generated Content

The Service enables users to create personalized illustrated storybooks by providing information about a Subject Child, optionally including a photograph, which the Service processes through automated artificial-intelligence systems to produce Generated Content.

You acknowledge and agree that: (a) Generated Content is produced by automated systems and is not individually reviewed by the Company prior to delivery; (b) the output of such systems is probabilistic in nature, and the Company does not warrant that Generated Content will be identical across generations, free of errors or artifacts, or that any illustrated character will resemble the Subject Child to any particular degree; (c) identical inputs may yield different outputs; and (d) the Company may modify the underlying systems, models, and processes used to produce Generated Content at any time without notice.

5. Accounts and Registration

You are responsible for maintaining the confidentiality of your account credentials and for all activity occurring under your account. You agree to notify the Company promptly of any unauthorized use of your account. Accounts are personal to the registrant and may not be shared, transferred, or assigned. The Company reserves the right to suspend or terminate accounts in accordance with Section 16.

6. User Content; Representations and Warranties; License

6.1 Representations Regarding Photographs. With respect to each photograph you submit to the Service, you represent and warrant that: (a) you are at least eighteen (18) years of age; (b) you own the photograph or otherwise possess all rights necessary to submit it for processing as described in the Children's Data, Likeness & Retention Policy; (c) with respect to any photograph depicting a Subject Child, you are the parent or legal guardian of the Subject Child, or you have obtained the consent, whether verbal or written, of the Subject Child's parent or legal guardian to the submission of the photograph and the creation of a character based upon it; and (d) with respect to any photograph depicting any other identifiable individual, you have obtained the consent of each such individual or, where such individual is a minor, of such individual's parent or legal guardian.

6.2 Attestation; Allocation of Responsibility. The Service requires affirmative attestation to the representations in Section 6.1 prior to the submission of any photograph. You acknowledge that the Company relies upon such attestations, that the Company has no obligation to verify them, and that responsibility for the truthfulness of each attestation rests solely with the person making it. Any misrepresentation in connection with such attestation constitutes a material breach of these Terms and is subject to the indemnification obligations of Section 15. Users who are unable to make the required attestations may create characters using manually entered descriptive attributes without submitting a photograph.

6.3 License to the Company. You grant the Company a limited, non-exclusive, worldwide, royalty-free license to host, store, reproduce, process, transmit, and display User Content solely as necessary to: (a) provide, maintain, and improve the operation of the Service; (b) generate Storybooks at your direction; (c) transmit Content to the Company's service providers for processing incident to the foregoing; and (d) fulfill orders for Physical Products. This license does not authorize the Company to use User Content, the name or likeness of any Subject Child, or any Storybook for advertising, marketing, or promotional purposes, or to train artificial-intelligence models, absent separate express consent.

7. Consent Framework

The Service's consent mechanisms, including the attestations described in Section 6, are recorded together with the date, time, and version of the consent language presented. Such records constitute the Company's basis for processing the associated User Content. Withdrawal of consent may be effected by deletion of the associated Storybook or account in accordance with the Children's Data, Likeness & Retention Policy; withdrawal does not affect the lawfulness of processing performed prior to withdrawal.

8. Acceptable Use

You shall not: (a) submit any photograph or other Content that you lack the rights or consents required by Section 6 to submit; (b) submit Content that is unlawful, sexually explicit, violent, hateful, or otherwise objectionable, or attempt to cause the Service to produce Generated Content that sexualizes, endangers, or degrades any minor; (c) reverse engineer, decompile, scrape, or otherwise attempt to derive the source code, models, prompts, or operational methods of the Service; (d) circumvent, disable, or interfere with usage limits, rate limits, security features, or payment requirements; (e) resell, sublicense, or commercially exploit the Service or any Storybook except as expressly permitted in Section 11; or (f) use the Service to develop a competing product or service. The Company may remove Content and suspend or terminate accounts for violation of this Section, and may act without prior notice where the safety of a minor is implicated, including by reporting to appropriate authorities where required or permitted by law.

9. Subscriptions; Fees; Automatic Renewal; Cancellation

9.1 Plans. The Service is offered pursuant to a free tier and one or more paid subscription plans. The features, generation allowances, and limitations of each plan are as stated at the point of purchase.

9.2 Automatic Renewal. PAID SUBSCRIPTIONS RENEW AUTOMATICALLY AT THE END OF EACH BILLING PERIOD, AND THE PAYMENT METHOD ON FILE WILL BE CHARGED THE THEN-CURRENT SUBSCRIPTION FEE, UNTIL THE SUBSCRIPTION IS CANCELLED. You may cancel at any time through your account settings; cancellation takes effect at the conclusion of the current billing period, and previously billed fees are not refunded or prorated. Storybooks previously generated remain accessible following cancellation, subject to these Terms.

9.3 Price Changes. The Company will provide no fewer than thirty (30) days' advance notice of any subscription price increase, which shall take effect at the next renewal following the notice period.

9.4 Payment Processing. Payments are processed by a third-party payment processor. The Company does not receive or store full payment card numbers.

9.5 Digital Products; Refunds. Storybooks are generated on demand and personalized; fees for digital generation are non-refundable once generation has occurred, except that the Company will, at its election, regenerate, credit, or refund in the event of a verified failure of the Service to deliver the purchased functionality.

10. Physical Products; Shipping; Returns

10.1 Fulfillment. Physical Products are printed and fulfilled by third-party print providers. Estimated production and delivery times are estimates only, and the Company is not liable for delays attributable to printing or carriage.

10.2 Geographic Limitation. PHYSICAL PRODUCTS ARE AVAILABLE FOR SHIPMENT WITHIN THE UNITED STATES ONLY. The Company does not offer international shipment at this time.

10.3 Personalized Goods; No Returns. Each Physical Product is manufactured to order and personalized to the Subject Child. Accordingly, Physical Products are not returnable and fees therefor are not refundable, except as provided in Section 10.4. You are responsible for reviewing the preview of a Physical Product, including all names, text, and images, prior to ordering. Orders for Physical Products may not be cancelled or modified once submitted for production.

10.4 Defective Products. If a Physical Product arrives damaged, misprinted, misbound, or materially non-conforming to the approved preview, and you notify the Company within thirty (30) days of delivery with reasonable documentation, the Company will, at its election, reprint or refund the affected Physical Product. This Section does not apply to errors present in the preview as approved.

11. Intellectual Property

11.1 Company Property. The Service, including all software, systems, models, prompts, templates, page layouts, design elements, and the Little Bookery name, logos, and trade dress, is and remains the exclusive property of the Company and its licensors. No rights are granted except as expressly set forth herein.

11.2 Storybooks. Subject to your compliance with these Terms, the Company grants you, and to the fullest extent of the Company's rights therein assigns to you, all right, title, and interest of the Company in and to the Generated Content comprising your Storybooks, for personal, non-commercial use, reproduction, display, and distribution. The Company covenants not to assert any right in a Storybook against the purchaser thereof or the family of the Subject Child. You acknowledge that the copyright status of machine-generated content is unsettled under applicable law and that the foregoing grant conveys only such rights as the Company possesses.

11.3 Commercial Use Prohibited. You may not sell Storybooks or Physical Products commercially, offer storybook-creation services to third parties using the Service, or otherwise exploit the Service as a component of a commercial offering.

12. Third-Party Services

The Service is provided using third-party services, including artificial-intelligence processing providers, cloud hosting and storage providers, payment processors, and print fulfillment providers. Descriptions of the categories of third parties that process User Content, and of the limitations applicable to such processing, are set forth in the Privacy Policy and the Children's Data, Likeness & Retention Policy.

13. Disclaimer of Warranties

THE SERVICE AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, THE COMPANY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE; THAT GENERATED CONTENT WILL MEET YOUR EXPECTATIONS; OR THAT ANY ILLUSTRATED CHARACTER WILL RESEMBLE ANY INDIVIDUAL TO ANY PARTICULAR DEGREE. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES; IN SUCH JURISDICTIONS THE FOREGOING EXCLUSIONS APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

14. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA, OR LOSS OF GOODWILL, HOWEVER ARISING, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) THE AGGREGATE LIABILITY OF THE COMPANY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (i) THE AMOUNTS PAID BY YOU TO THE COMPANY DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (ii) ONE HUNDRED DOLLARS ($100). NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY THAT MAY NOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

15. Indemnification

You agree to defend, indemnify, and hold harmless the Company and its members, managers, officers, employees, and agents from and against any and all claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your breach of these Terms; (b) any misrepresentation in connection with an attestation made pursuant to Section 6, including without limitation the submission of any photograph without the consent required thereunder; (c) User Content; or (d) your use or misuse of the Service.

16. Term; Suspension; Termination

These Terms remain in effect while you use the Service. You may terminate at any time by deleting your account through the account settings, subject to the deletion procedures described in the Children's Data, Likeness & Retention Policy. The Company may suspend or terminate your access for breach of these Terms, where required by law, or upon discontinuation of the Service; except where the safety of a minor is implicated, the Company will use reasonable efforts to provide notice and an opportunity to download Storybooks prior to termination. Sections 6.3, 11, 13, 14, 15, and 18 survive termination.

17. Modifications to the Terms

We may update these Terms from time to time. Changes will be posted on our website with the "Effective Date" updated. Continued use of our services after changes means you accept the new Terms.

18. General Provisions

Entire Agreement. These Terms, together with the Privacy Policy and the Children's Data, Likeness & Retention Policy, constitute the entire agreement between the parties concerning the Service. Assignment. You may not assign these Terms; the Company may assign these Terms in connection with a merger, acquisition, or sale of assets. Severability. If any provision is held unenforceable, the remaining provisions remain in effect. No Waiver. Failure to enforce any provision is not a waiver thereof. Notices. Notices to you may be provided by email to the address associated with your account.

19. Contact

LB Ventures LLC, d/b/a Little Bookery · Support and legal inquiries: LittleBookery@gmail.com