Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and LLC EVALLUME ("Company," "we," "us," or "our") governing your use of the Skazka.ai website and services (collectively, the "Service").

By accessing or using our Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

2. Eligibility

2.1 Age Requirement:

You must be at least 18 years old to use our Service. By using the Service, you represent and warrant that you are at least 18 years of age.

2.2 Parental/Guardian Status:

Our Service is designed for parents and legal guardians to create personalized stories for children. By uploading a child's information, you represent and warrant that you are the parent or legal guardian of that child and have the authority to provide their information.

2.3 Compliance with COPPA:

Children under 13 years of age are not permitted to use the Service directly. All information about children must be provided by their parent or legal guardian in compliance with the Children's Online Privacy Protection Act (COPPA).

3. Description of Service

Skazka.ai is an online platform that creates personalized children's stories using artificial intelligence. Our Service allows you to:

• Create a free preview including a cover, dedication page, and one story page
• Purchase a Digital story (32-page PDF, delivered electronically)
• Purchase a Printed book (46-page hardcover book, shipped to your address)
• Personalize stories with your child's name, photo, interests, and other details

4. Account Registration

4.1 To use certain features of our Service, you must create an account using a valid email address.

4.2 You agree to provide accurate, current, and complete information during registration.

4.3 You are responsible for maintaining the confidentiality of your account credentials.

4.4 You are responsible for all activities that occur under your account.

4.5 You must notify us immediately of any unauthorized use of your account.

5. Acceptable Use

5.1 Permitted Use:

• Creating personalized stories for your children for personal, non-commercial use
• Uploading photos of your children with your consent as their parent/guardian
• Sharing created stories within your family

5.2 Prohibited Use:

You agree NOT to:

• Upload photos of children without parental/guardian consent
• Upload inappropriate, illegal, or harmful content
• Use the Service for commercial purposes without written permission
• Attempt to reverse engineer, hack, or disrupt the Service
• Use automated systems (bots, scrapers) to access the Service
• Violate any applicable laws or regulations
• Infringe on the intellectual property rights of others
• Upload content that is defamatory, obscene, or promotes violence

5.3 We reserve the right to suspend or terminate your account for violations of these Terms without prior notice.

6. Payments and Billing

6.1 Merchant of Record:

All payments are processed by Lemon Squeezy, our Merchant of Record. Lemon Squeezy acts as the seller of record for all transactions and handles payment processing, sales tax, and VAT compliance. By making a purchase, you agree to Lemon Squeezy's Terms of Service.

6.2 Pricing:

All prices are displayed in US Dollars (USD) and include applicable taxes where required. Prices are subject to change without notice, but changes will not affect orders already placed.

6.3 Payment Methods:

We accept major credit cards, debit cards, and other payment methods supported by Lemon Squeezy.

7. Refund Policy

7.1 Digital Products:

• Before generation starts: Full refund available
• Technical issues: If story generation fails due to our error, full refund or re-generation
• After successful delivery: No refund for subjective reasons (didn't like the story, style, etc.)

7.2 Printed Books:

• Before printing begins: Full refund available
• Printing/shipping defects: Replacement or full refund
• After shipping: No refund for subjective reasons

7.3 Refund Process:

To request a refund, contact us at support.us@skazka.ai with your order number and reason for refund. Refunds are processed within 5-10 business days.

8. Intellectual Property

8.1 Our Intellectual Property:

The Service, including its design, logo, software, and content (excluding user-generated content), is owned by LLC EVALLUME and protected by copyright, trademark, and other intellectual property laws.

8.2 License to Created Stories:

Upon purchase, you receive a non-exclusive, personal, non-transferable license to use the created story for personal, non-commercial purposes. This includes:

• Reading and sharing with family
• Printing additional copies for personal use
• Posting online for non-commercial purposes

8.3 Restrictions:

You may NOT:

• Sell, license, or distribute the created story
• Use the story for commercial purposes
• Modify and redistribute the story
• Claim authorship of the AI-generated content

8.4 User Content:

You retain ownership of photos and information you provide. By uploading content, you grant us a limited license to use it solely for providing the Service (story generation).

9. Privacy

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and protect your information, including children's information in compliance with COPPA.

10. Disclaimers

10.1 "As Is" Basis:

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

10.2 AI-Generated Content:

Stories are generated using artificial intelligence. While we strive for quality, we cannot guarantee that all generated content will be perfect, error-free, or meet your specific expectations. AI may occasionally produce unexpected results.

10.3 Service Availability:

We do not guarantee that the Service will be uninterrupted, secure, or error-free. We may modify, suspend, or discontinue the Service at any time without notice.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, LLC EVALLUME AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR USE, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.

OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM.

12. Indemnification

You agree to indemnify, defend, and hold harmless LLC EVALLUME and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of another party
• Content you upload to the Service

13. Dispute Resolution

13.1 Informal Resolution:

Before filing a formal dispute, you agree to contact us at support.us@skazka.ai to attempt to resolve the dispute informally. We will attempt to resolve disputes within 30 days.

13.2 Governing Law:

These Terms shall be governed by and construed in accordance with the laws of the State of Wyoming, United States, without regard to its conflict of law provisions.

13.3 Jurisdiction:

Any legal action or proceeding arising out of or related to these Terms shall be brought exclusively in the state or federal courts located in Sheridan County, Wyoming.

14. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on the Service and updating the "Last Updated" date. Your continued use of the Service after changes constitutes acceptance of the modified Terms.

15. Termination

15.1 We may terminate or suspend your account and access to the Service at our sole discretion, without notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties.

15.2 You may terminate your account at any time by contacting us at support.us@skazka.ai.

15.3 Upon termination, your right to use the Service ceases immediately. Provisions that by their nature should survive termination shall survive.

16. Miscellaneous

16.1 Entire Agreement: These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and us regarding the Service.

16.2 Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

16.3 Waiver: Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

16.4 Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

17. Contact Us