Terms & Conditions

1. Acceptance of Terms

By accessing and using the kidario website and services (the "Service"), you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to abide by the above, please do not use this Service.

These Terms & Conditions ("Terms") constitute a legally binding agreement between you and Nexteral LLC ("kidario," "we," "us," or "our") regarding your use of our Service.

2. Description of Service

kidario is an online platform that enables users to create personalized children's books using artificial intelligence. Our Service allows you to:

• Create personalized stories and illustrations for children
• Customize book content based on child's name, preferences, and characteristics
• Preview books in digital format online (books are not downloadable)
• Access your books in your online library (as long as your account is active)
• Order physical printed books for delivery (worldwide where available)

Important: Our books are custom-made products created to your specifications. Each book is unique and generated based on your input. You have the opportunity to preview your book online before ordering a physical copy.

We use third-party AI services (OpenAI GPT-4 and DALL·E 3) to generate content, and Lulu Print to fulfill physical book orders.

3. User Accounts

3.1 Account Registration

To use certain features of our Service, you must register for an account. When you register, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security of your password and account
• Accept all responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

3.2 Account Responsibility

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. We are not liable for any loss or damage arising from your failure to comply with this section.

5. User Content

You retain ownership of any content you create using our Service, including personalized books, stories, and illustrations. However, by using our Service, you grant us a non-exclusive, worldwide, royalty-free license to:

• Use, store, and process your content to provide the Service
• Generate personalized content using AI services
• Fulfill your orders for physical books
• Improve and develop our Service

You are solely responsible for the content you create and ensure that it:

• Does not violate any laws or regulations
• Does not infringe on any third-party rights
• Is not offensive, harmful, or inappropriate
• Does not contain personal information of others without consent

6. Intellectual Property

The Service and its original content, features, and functionality are owned by kidario and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

You may not copy, modify, distribute, sell, or lease any part of our Service or included software, nor may you reverse engineer or attempt to extract the source code of that software.

AI-generated content created through our Service may incorporate elements from OpenAI's models. You own the content you create, but you must comply with OpenAI's usage policies.

7. Story Tokens

7.1 Story Tokens Definition

"Story Tokens are a digital service that grant access to Kidario's story generation platform, allowing the user to generate story previews. Story Tokens are not money, vouchers, nor monetary credits. They have no cash value and are non-refundable."

7.2 Use of Tokens

"When a user uses Story Tokens to generate a preview, it is acknowledged that a digital service has been delivered. Tokens used to generate a preview are considered consumed."

7.3 Token Return on Printed Order

"If a user orders a printed book based on a story preview, tokens used to generate that preview will be reinstated to the user's account as a courtesy; no monetary refund will be given."

7.4 Tax / VAT

"The purchase of Story Tokens constitutes purchase of a digital service. Applicable tax (VAT / GST / Sales Tax) will be charged at checkout based on the user's location."

8. Payment Terms

8.1 Pricing

All prices are displayed in US Dollars (USD) unless otherwise stated. Prices are subject to change at any time, but changes will not affect orders already placed.

8.2 Payment Processing

Payments are processed securely through Stripe. By providing payment information, you represent and warrant that:

• You are authorized to use the payment method
• The payment information is accurate and complete
• You will pay all charges incurred in connection with your use of the Service

7.3 Refunds and Cancellations

8.4 Shipping

Physical books are printed and shipped by our partner, Lulu Print. Shipping times and costs vary by location. We ship to most countries worldwide.

You are responsible for providing accurate shipping information. We are not liable for delays or losses due to incorrect shipping addresses.

8.5 Geographic Restrictions

Physical Product Delivery: We ship physical books to most countries worldwide. Due to our print partner's limitations, we do not deliver to the following countries and territories:

Belarus; Central African Republic; Comoros; Cuba; Equatorial Guinea; Falkland Islands (Malvinas); Guinea-Bissau; Iran; Johnston Island; Kiribati; Myanmar (Burma); Nauru; Niue; North Korea; Region of Crimea; Russia; Saint Helena, Ascension and Tristan da Cunha; Saint Pierre and Miquelon; São Tomé and Príncipe; Sierra Leone; Solomon Islands; Somalia; South Sudan; Sudan; Syrian Arab Republic; Tajikistan; Tokelau; Turkmenistan; Tuvalu; Ukraine; Venezuela; Wake Islands; Yemen; and US Minor Outlying Islands (where applicable).

Digital Services: Our online book creation and preview services are available worldwide, regardless of your location.

9. Prohibited Uses

You agree not to use the Service:

• For any unlawful purpose or to solicit others to perform unlawful acts
• To violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances
• To infringe upon or violate our intellectual property rights or the intellectual property rights of others
• To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate
• To submit false or misleading information
• To upload or transmit viruses or any other type of malicious code
• To collect or track the personal information of others
• To spam, phish, pharm, pretext, spider, crawl, or scrape
• For any obscene or immoral purpose
• To interfere with or circumvent the security features of the Service

10. Limitation of Liability

To the fullest extent permitted by applicable law, kidario and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from:

• Your use or inability to use the Service
• Any unauthorized access to or use of our servers and/or any personal information stored therein
• Any interruption or cessation of transmission to or from the Service
• Any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service
• Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content
• AI-generated content that may not meet your expectations

Our total liability to you for all claims arising from or related to the use of the Service shall not exceed the amount you paid to us in the 12 months preceding the claim.

10.3 Content Responsibility

You acknowledge and agree that:

• The content of each book is generated based on your prompts, inputs, and specifications
• While we implement safety mechanisms both in our system and in the AI services we use, these mechanisms are not 100% foolproof
• The original source of the content is your input and prompts
• We do not review, edit, or approve the specific content of each book before generation

We are not responsible for:

• The specific content, themes, or messages in books you create
• Any inappropriate, offensive, or problematic content that may result from your prompts
• Any consequences arising from the content of books you create
• Copyright or intellectual property issues related to content you generate

You are solely responsible for ensuring that your prompts and inputs comply with all applicable laws and regulations, the content you create does not infringe on third-party rights, the content is appropriate for its intended audience, and you have all necessary rights and permissions for any content you include.

11. Indemnification

You agree to defend, indemnify, and hold harmless kidario and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney's fees and costs, arising out of or in any way connected with:

• Your access to or use of the Service
• Your violation of these Terms
• Your violation of any third-party right, including without limitation any intellectual property right
• Any content you create or submit through the Service

12. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms.

Upon termination, your right to use the Service will cease immediately. If you wish to terminate your account, you may simply discontinue using the Service or contact us to delete your account.

12.2 Online Book Availability

Digital versions of your books are available online in your user library as long as your account remains active. You cannot download digital versions of books - they are accessible only through our online platform while logged into your account.

Upon termination of your account:

• All online versions of your books will be deleted
• You will lose access to your digital library
• Physical books already ordered and delivered will remain yours
• Order records may be retained for accounting and legal purposes as required by law

If you wish to preserve your books, we recommend ordering physical copies before terminating your account.

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

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Slovak Republic, without regard to its conflict of law provisions.

Any disputes arising from or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of the Slovak Republic.

14. Dispute Resolution

If you have any concerns or disputes about the Service, please contact us first. We will try to resolve any disputes through good faith negotiations.

If we cannot resolve a dispute through negotiations, the dispute shall be resolved through the courts of the Slovak Republic in accordance with Section 13 (Governing Law).

15. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days notice prior to any new terms taking effect.

What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms.