Terms of Service

Effective date: [EFFECTIVE_DATE] Provider: YOU BABY STUDIO L.L.C, a limited liability company duly incorporated in Dubai Mainland (Department of Economy and Tourism — DET), United Arab Emirates, under commercial licence 930633, with registered office at Office 214, Mohamed Sultan Matar Markhan Al Ketbi Building, Al Safa 1, Dubai, United Arab Emirates ("KidsStory", "we", "us", "our"). Contact: [SUPPORT_EMAIL]

⚠️ LEGAL REVIEW REQUIRED — DUAL JURISDICTION. This draft MUST be reviewed by (a) a UAE-qualified attorney (for §15 governing law, §16 arbitration, UAE VAT and UAE Consumer Protection Law compliance, and Arabic-language requirements), and (b) a US-qualified attorney (for §11–§13 disclaimers / limitations and for Stripe / CCPA / COPPA compatibility). §§15–16 are placeholder wording only and will not be enforceable without finalisation by counsel.

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1. Acceptance of these Terms

By creating an account on [DOMAIN], by using any part of the Service, or by clicking "I agree", you ("User", "you") enter into a binding agreement with KidsStory. If you do not agree, you must not use the Service.

You confirm that:

1.1. You are at least 18 years old and have the full legal capacity to enter into this agreement. 1.2. You are the parent or legal guardian of any child whose name, age, photograph or likeness you upload to the Service. The Service is not intended for use by children. 1.3. You are not barred from using the Service under applicable US sanctions, export controls, or other laws.

2. What the Service does

KidsStory is a software-as-a-service platform that generates personalized children's content. For each order the User supplies (a) one to three photographs of a child, (b) the child's first name, age and gender, and (c) story preferences (topic, genre, length). The Service returns an AI-generated illustrated fairy tale delivered as a PDF book and/or video.

The Service uses third-party AI vendors to process these inputs (see §8 and the Privacy Policy). Output is algorithmically generated and may contain errors, inaccuracies or artifacts.

3. Accounts and eligibility

3.1. Registration. You must provide a valid email address (or sign in via a supported identity provider). You are responsible for the accuracy of the information you submit and for safeguarding your credentials.

3.2. One account per person. Creating duplicate or automated accounts to abuse promotions, token grants, or free trials is a material breach of these Terms and grounds for termination without refund.

3.3. Suspension and termination. We may suspend or terminate an account at our reasonable discretion for violations of these Terms, the Acceptable Use Policy, or applicable law. Where the termination is not caused by your fault, unused paid tokens remain refundable per the Refund Policy.

4. Tokens, packages and pricing

4.1. Content generation is paid for with Tokens. One (1) Token grants one (1) generation of a fairy tale in the format displayed at the time of purchase.

4.2. Tokens are sold in prepaid packages. Prices are displayed in US dollars inclusive of processing fees but exclusive of any applicable indirect tax (UAE VAT, EU VAT, US state sales tax, etc.); the final price with the applicable tax is shown at checkout. In particular:

• UAE VAT (5%) applies to supplies made to customers whose usual place of residence is in the United Arab Emirates, pursuant to Federal Decree-Law No. 8 of 2017 on Value Added Tax.
• EU / UK VAT on B2C digital services is collected where applicable; if we transact through a Merchant-of-Record ([MERCHANT_OF_RECORD]), that MoR is the seller of record for tax purposes and VAT is collected and remitted by them.
• US sales tax on digital goods varies by state; where [MERCHANT_OF_RECORD] acts as MoR, it is collected and remitted by them. Where Stripe is used directly, sales tax is collected only in states where we have sales-tax nexus.

4.3. Tokens are non-transferable between accounts and have no cash value outside the Service. Tokens do not expire for [DATA_RETENTION_DAYS_INACTIVE] days of account inactivity; after that they may be forfeited per §7 of the Privacy Policy.

4.4. We may change prices prospectively at any time. Price changes do not affect Tokens that are already in your balance at the time of the change.

5. Payment processing

5.1. Payments are processed by our designated payment provider, [MERCHANT_OF_RECORD] (for example, Stripe, Inc., or a Merchant-of-Record such as Paddle.com Market Limited or Lemon Squeezy LLC). By submitting payment information you also agree to the applicable payment-provider terms and privacy policy disclosed at checkout. KidsStory does not store full card numbers on its own infrastructure.

5.2. Where [MERCHANT_OF_RECORD] acts as a Merchant of Record, it is the seller of record for the transaction and handles invoicing, indirect tax (VAT / GST / US sales tax), chargeback management and refunds on our instructions. KidsStory remains responsible for delivering the Service.

5.3. Transactions that are declined, charged back, or reversed by the card network may trigger automatic account suspension pending investigation.

6. Refunds

Refund rights are set out in the separate Refund Policy, which is incorporated into these Terms by reference. In short: unused Tokens are refundable within [REFUND_WINDOW_DAYS] days of purchase; Tokens already spent on a generation are non-refundable once the generation has begun, except where required by law or at our discretion in exceptional circumstances.

7. Your content and your license to us

7.1. "User Content" means everything you upload or enter, including photos of a child, the child's name, age, gender, story preferences, and any text you submit.

7.2. Ownership stays with you. You retain all rights in your User Content. You confirm that you have every right, licence and consent needed to upload it and to grant the licence in §7.3.

7.3. Limited licence to operate the Service. You grant KidsStory a worldwide, royalty-free, non-exclusive licence to host, store, reproduce, modify, create derivative works from, and transmit your User Content, solely for the purpose of providing the Service to you (including transmission to the AI sub-processors listed in the Privacy Policy). This licence ends when the User Content is deleted, save for backups kept for the retention periods set out in the Privacy Policy.

7.4. No model-training licence. We do not licence your User Content — and in particular no child photo — for training of our own or third-party AI models. Our sub-processors are engaged on paid tiers that contractually prohibit their use of inputs for model training.

7.5. Generated Output. Subject to your compliance with these Terms and payment in full, you own the illustrated PDF book and/or video that the Service returns to you, for personal, non-commercial family use. You MAY print, share with family and friends, and post on personal social media. You MAY NOT (a) resell the output as your own creative work, (b) register copyright in the output as a sole author (AI-generated content is generally not copyrightable under current US law), or (c) use the output in a way prohibited by the Acceptable Use Policy.

8. Third-party AI sub-processors

The Service transmits portions of your User Content to the following independent AI vendors strictly to produce the output you requested. A current list with the data transferred to each vendor is maintained in the Privacy Policy, §"Processors and international transfers".

9. Acceptable use

Use of the Service is governed by the Acceptable Use Policy. Violations may result in immediate suspension or termination, forfeiture of Tokens, and, where applicable, referral to law enforcement.

10. Intellectual property of the Service

The KidsStory name, logo, website design, source code, AI pipelines and all other material provided by us are our property or the property of our licensors and are protected by US and international IP law. Nothing in these Terms transfers any such rights to you except the limited licence in §7.5.

11. Disclaimers

11.1. The Service is provided on an "AS IS" and "AS AVAILABLE" basis, without any warranty of any kind (express or implied), including merchantability, fitness for a particular purpose, non-infringement, accuracy, or that the Service will be uninterrupted or error-free.

11.2. AI-generated content can be inaccurate, offensive, inappropriate or factually wrong. You are responsible for reviewing generated content before sharing it with a child.

12. Limitation of liability

12.1. To the maximum extent permitted by law, in no event will KidsStory, its affiliates, officers, employees, or licensors be liable for (a) any indirect, incidental, consequential, special, exemplary or punitive damages, or (b) any loss of profits, revenue, data, goodwill or business opportunity, even if we have been advised of the possibility of such damages.

12.2. In no event will our aggregate liability arising out of or in connection with these Terms exceed the greater of (i) USD 100 or (ii) the total amount you paid us in the twelve (12) months preceding the event giving rise to the claim.

12.3. Some jurisdictions do not allow the exclusions in this section. In those jurisdictions our liability is limited to the smallest amount permitted by law.

13. Indemnification

You agree to defend, indemnify and hold harmless KidsStory and its affiliates from any third-party claim, loss or expense (including reasonable attorneys' fees) arising out of (a) your User Content, (b) your breach of these Terms, the AUP, or the Photo Consent, or (c) your violation of any law or of the rights of a third party.

14. Consumer-protection rights (non-waivable)

Nothing in these Terms limits, or purports to limit, any non-waivable statutory right you may have as a consumer under the laws of your place of residence, including without limitation:

• UAE Consumer Protection Law (Federal Law No. 15 of 2020 and Cabinet Resolution No. 66 of 2023), where you are a UAE resident;
• The EU Consumer Rights Directive 2011/83/EU and its national implementations (including the 14-day cooling-off right for digital-content services, see the Refund Policy);
• The UK Consumer Contracts Regulations 2013 and the UK Consumer Rights Act 2015;
• The US state consumer-protection statutes applicable to you;
• The Russian consumer-protection law for Russian residents (but note that the Service is not marketed to Russia; Russian users should use our separate Russian entity instead).

Where a provision of these Terms conflicts with such a non-waivable right, that right prevails.

15. Governing law

15.1. These Terms and any non-contractual obligations arising out of or in connection with them are governed by the laws of the United Arab Emirates as applied in the Emirate of Dubai (and, where the entity is established in a Free Zone with an independent judicial regime, the laws applicable in that Free Zone), without regard to conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

15.2. Nothing in §15.1 displaces mandatory consumer-protection law under §14.

16. Dispute resolution — arbitration

[LEGAL REVIEW REQUIRED — final wording to be provided by counsel.] The draft clause below follows the current DIAC Arbitration Rules 2022 model; counsel may prefer LCIA Rules 2020 with a London seat for international enforceability.

16.1. Informal resolution. Before filing any formal proceeding, you agree to first contact us at [SUPPORT_EMAIL] and give us 30 days to resolve the dispute in good faith.

16.2. Binding arbitration. If the dispute is not resolved informally, it shall be finally settled by arbitration administered by [ARBITRAL_INSTITUTION] under its rules in force at the commencement of the arbitration, which rules are deemed incorporated by reference.

• Seat: Dubai, UAE.
• Number of arbitrators: one (or three, where the amount in dispute exceeds USD 250,000).
• Language: English.
• Governing law of the arbitration agreement: the law of the seat.

16.3. Carve-outs. Notwithstanding §16.2:

• Either party may seek urgent injunctive or interim relief from a court of competent jurisdiction (including Dubai Courts) pending the constitution of the arbitral tribunal;
• Small-value claims may, at the claimant's option, be brought in the competent consumer court or small-claims tribunal of the claimant's place of residence where local law makes such forum mandatory;
• US / EU / UK consumers may also bring proceedings in the courts of their place of residence where local consumer law grants them that right (for example, under Rome I / Brussels I recast in the EU).

16.4. Class-action waiver. To the maximum extent permitted by applicable law, and without prejudice to any non-waivable right under §14, each party agrees that claims will be brought in an individual capacity only and not as a plaintiff or class member in any purported class, representative or consolidated proceeding. Counsel must confirm enforceability of this waiver in each user market (notably for EU and several US states).

17. Language

17.1. These Terms are drafted in English. An Arabic translation may be prepared for information only. In the event of any conflict or inconsistency between the English version and any translation, the English version prevails to the maximum extent permitted by applicable law.

17.2. Where UAE-mainland enforcement proceedings require a certified Arabic translation, a translation filed with the Dubai Courts / Ministry of Justice by a sworn legal translator will be treated as authoritative for that proceeding only.

18. Corporate identification

YOU BABY STUDIO L.L.C — a limited liability company registered in Dubai Mainland (Department of Economy and Tourism — DET), UAE — commercial licence number 930633, registered office Office 214, Mohamed Sultan Matar Markhan Al Ketbi Building, Al Safa 1, Dubai, United Arab Emirates, VAT TRN [UAE_TRN]. This information is also displayed in the footer of [DOMAIN] in compliance with UAE licensing conditions and UAE Consumer Protection Law requirements.

19. Changes to these Terms

We may update these Terms from time to time. Material changes will be announced by email (if you have an account) and by a notice on [DOMAIN] at least seven (7) days before they take effect. Continued use of the Service after that date constitutes acceptance. We maintain a signed record of the version you originally accepted and of each subsequent acceptance.

20. Termination

20.1. You may terminate this agreement at any time by closing your account — see the Privacy Policy for data-deletion details.

20.2. We may terminate or suspend this agreement (a) for cause (material breach uncured within 14 days of notice), (b) immediately if required by law or if your use endangers the Service or another user, or (c) on 30 days' notice for convenience.

20.3. Sections 7.3, 10, 11, 12, 13, 14, 15, 16, 17, 18 and 22 survive termination.

21. Notices

21.1. Notices to you may be sent to the email address on your account, shown in-app, or posted on [DOMAIN]. 21.2. Formal legal notices to KidsStory must be sent to YOU BABY STUDIO L.L.C at Office 214, Mohamed Sultan Matar Markhan Al Ketbi Building, Al Safa 1, Dubai, United Arab Emirates with a copy to [SUPPORT_EMAIL].

22. Miscellaneous

22.1. Entire agreement. These Terms, together with the Privacy Policy, Cookie Policy, Refund Policy, Acceptable Use Policy, DMCA Policy and the Photo Consent, form the entire agreement between you and KidsStory regarding the Service.

22.2. Severability. If any provision is held unenforceable, it will be modified to the minimum extent necessary; the rest of the Terms remain in force.

22.3. No waiver. A failure to enforce a right is not a waiver of that right.

22.4. Assignment. You may not assign these Terms without our written consent. We may assign these Terms, including to an affiliate or successor in a corporate transaction.

22.5. Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control, including without limitation acts of government, sanctions, internet or payment-infrastructure outages, and vendor failures.

22.6. Relationship. Nothing creates a partnership, joint venture, agency or employment relationship between you and KidsStory.

22.7. Export controls and sanctions. You confirm that you are not located in, under the control of, or a national or resident of any country subject to comprehensive UAE, UN, EU, UK or US sanctions, and that you will not use the Service for any purpose prohibited by applicable export-control or sanctions laws.

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YOU BABY STUDIO L.L.C · Commercial Licence 930633 · Office 214, Mohamed Sultan Matar Markhan Al Ketbi Building, Al Safa 1, Dubai, United Arab Emirates · [SUPPORT_EMAIL] · Version [EFFECTIVE_DATE]