1. Overview
Hi, and welcome to this fAIry AI App Terms of Service (these “Terms of Service”) that govern your use of the Fairy Mobile Application and associated features, website and services (the “fAIry AI App”). By accessing and using the fAIry AI App, you are agreeing to be bound by these Terms of Service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any terms under these Terms of Service, you are prohibited from using or accessing the fAIry AI App.
2. The developer
The developer of the Fairy mobile app is Artem Adzhiev. ( “developer”, “we”, “us” or “our”). If you have any questions, issues, complaints, feedback, ideas, or suggestions regarding these Terms of Service or the entire fAIry AI App services, please reach out to us via the “contact us” form on the fAIry AI App or directly via our support email address at fairy-app@outlook.com.
3. Fairy app Services
The fAIry AI app is a content generation application that uses artificial intelligence technology to create children's fairy tales based on information from the user. With the fAIry AI app, users are granted the right to create from 3 to 10 fairy tales using a combination of the application's artificial intelligence and user input. Using their in-app credits, users can access a range of options and enjoy an endless number of personalized, unique stories. The application is available for download and use at the discretion of the user.
4. Eligibility
To use the fAIry AI App, you are required to be able to form a legally binding agreement, and your use must not violate these Terms of Service or any applicable law. You may only use the fAIry AI App for the purpose for which Company makes it available. You must not also use the Fairy App in manners that may infringe on any user or third party’s copyright or intellectual property rights. The Developer reserves the right to terminate your use of the fAIry AI App in the event that your use violates this paragraph.
5. Fairy App use license
Subject to your compliance with these Terms of Service, Developer hereby grants you the permission to download one copy of the fAIry AI App (per device) for your access and use. However, this is the grant of a license, not a transfer of title or ownership. Therefore, under this license, you may not:
- modify or copy any of the fAIry AI App features for use with any other product, app or services that may compete with the fAIry AI App or cause confusion;
- attempt to decompile or reverse engineer any software contained on the fAIry AI App;
- remove any copyright or other proprietary notations from the fAIry AI App features or content; or
transfer the fAIry AI App features to another person or "mirror" them on any other server.
The license granted to you hereunder shall automatically terminate if you violate any of these restrictions and may be terminated by Developer at any time. Upon terminating your use of the fAIry AI App or this license, you must destroy any downloaded features in your possession – whether in electronic or printed format.
6. Privacy Policy
To use the fAIry AI App, you may be required to submit certain personal data. Where we collect such data, we will use it in accordance with our Privacy Policy. You are required to review and agree to our privacy practices as described in our Privacy Policy before using the fAIry AI App. By using the fAIry AI App and by submitting personal data to us, you represent to us that you have reviewed our Privacy Policy and agree to the descriptions. If that is not the case, you may not use the fAIry AI App.
7. Prohibited uses
We want the fAIry AI App to be safe for all users, including you. Therefore, we may allow any activities that may hinder this goal. In relation to your use of the fAIry AI App, you shall stay away from the following prohibited activities:
You may not:
- use the fAIry AI App in any manner that goes against these Terms of Service or any applicable law;
falsely create a license in which you do not have the right or authorisation or otherwise claim an affiliation with a brand without such a brand’s written permission;
- use the fAIry AI App in any manner that may disparage or damage Developer’s image, reputation or goodwill;
- attempt to bypass any system put in place to restrict access, including the payment system;
- use or utilise any scrapers, spiders, bots or other automated technologies to access the fAIry AI App;
- impose an uneven burden or disproportionate load on any system or network connected to the fAIry AI App, or otherwise, attempt to hinder its smooth operation;
- assign, license, lease or rent out your Fairy account to a third party without written permission from Developer;
- attempt to decompile, reverse-engineer, decipher or disassemble any of the software that makes up the fAIry AI App; and
attempt to delete any intellectual property notices from any of Developer Content (described below).
8. Ownership of intellectual property
(Aside from the content created by users and third parties) The content on the fAIry AI App, including the texts, images, articles, descriptions, logos, graphics, audios, videos, button icons, page headers, information, etc. (“Developer Content”) are owned by Developer. Other than to use the fAIry AI App and in accordance with these Terms of Service, you may not use any Developer Content, including copying, extracting, utilising, aggregating, reproducing, advertising or displaying, for any other purposes other than as described in these Terms of Service without Developer’s written approval.
You may not use our trademarks and trade dress, including our logos, button icons, service name, graphics and scripts in association with any other products or services in any way that may cause confusion without our written approval.
9. Your Content
As the creator of the content generated by our app, you generally have certain rights over it. These rights will depend on the laws of your jurisdiction and may include copyright, trademark, and other intellectual property rights. By using our app, you acknowledge and agree to these terms.
AI-generated content may be used for personal entertainment and private use only. You may not sell AI-generated content as a standalone item. It is important to note that the use of AI in creating content is a developing area, and the laws and best practices surrounding it may change over time. We will continue to monitor developments in this area and update our policies as needed to ensure compliance with the law and the protection of our users' rights. If you have any questions or concerns about our AI-generated content policy, please don't hesitate to contact us.
To ensure a safe and respectful community, we moderate the "elements" field to prohibit inappropriate or harmful content. This includes, but is not limited to, hate speech, threatening language, self-harm, sexual content involving minors, violence, and graphic content. Only appropriate and respectful content is allowed in the "elements" field. Please make sure that your content adheres to these guidelines.
Please note that our app uses AI to generate stories, which may result in spelling errors, grammar mistakes, or occasionally nonsensical phrases. Developer does not warrant that any of Your Content or AI-Generated content are accurate, complete or current. As AI technology improves, these issues will become less common. In the meantime, we appreciate your understanding and hope you continue to enjoy the content generated by our app.
Our app includes an input fields for users to enter words or phrases that influence the story they are creating. We have implemented various mechanisms to moderate the content that is requested to be generated, in order to prevent the creation of inappropriate stories or images that violate our terms of use. While it is possible that moderation may be bypassed in rare cases, we have internal processes in place to flag and address such instances. Please note that as stated in our terms, the content generated by our app is not publicly shared and remains private to the creator.
You have the right to delete any of Your Content and licenses at any time by reaching out to us via the “contact us” button or via fairy-app@outlook.com. However, due to the nature of the internet, Your Content may exist privately on our database or elsewhere in circumstances where (i) immediate deletion is impossible, (ii) copies of Your Content exists with users you previously shared it with, and (iii) Your Content cannot be deleted due to an ongoing investigation or claim.
In relation to Your Content, we reserve the right to edit, change or remove it, including where we believe Your Content infringes on any third-party right (for example, where your username goes against any third-party intellectual property).
10. Purchases and payments
The fAIry AI App offer in-app purchases that require you to make payment using the payment method set up on your Apple device. Any purchases made through the fAIry AI App are handled and processed by our third-party payment processor (Apple Inc.). Therefore, your payment method data is subject to Apple’s privacy and terms of service. By initiating a purchase through the fAIry AI App, you authorise Apple Inc. to deduct the applicable amount from your payment method on Company’s behalf. Due to the nature of the fAIry AI App and its features, all purchases made are final without refunds.
Subscription rules
Subscription in the Application can be monthly or annual.
The SUBSCRIPTION is subject TO AUTOMATIC RENEWAL UNTIL THE USER HAS REFUSED IT.
For the first 3 days, the subscription is free for Users. After the expiration of the specified period, the User gets access to the content only if the subscription is paid in advance.
If the subscription payment is overdue, the User's access is blocked until the payment for the subscription is made in full.
The User has the right to subscribe at any time by generating a fairy tale in the Application and clicking on the "Create a fairy Tale" button to open the screen with full subscription terms. On this screen, you need to click "Continue" or select the subscription period of interest, if such a choice is provided.
If the User cancels the subscription during the free (trial) period, in this case, such User may immediately lose access to the content. In case of cancellation of an already paid subscription, the User has no right to demand any proportional or full refund of the previously paid subscription amounts and continues to use the content until the expiration of the paid subscription period.
The User has the right to unsubscribe at any time. To unsubscribe, the user must go to the iTunes account settings in the smartphone settings, find the necessary Application in the Subscriptions section and click the Cancel Subscription button
11. Copyright infringement
Developer respects the intellectual property rights of users. We expect users to also do the same when using the fAIry AI App. We respond to copyright infringement claims. If you are a user or third party who believes any content on the fAIry AI App infringes your intellectual property rights, you may reach out to us with proof of ownership, and we will take it down if it qualifies. To make a copyright infringement claim, please reach out to us at fairy-app@outlook.com with the location of the infringed content and proof of ownership and that you did not license such content to the infringer.
12. Accuracy of content
Developer Content appearing on the fAIry AI App may include technical, typographical or photographic errors. Developer does not warrant that any of Developer Content is accurate, complete or current. Developer may make changes to any Developer Content contained on the fAIry AI App at any time without notice. However, Developer does not make any commitment to update any Developer Content.
13. Disclaimers
The fAIry AI App uses third party services to generate artificial intelligence-powered content. By using the fAIry AI App, you acknowledge and agree that the terms and conditions of these third party providers also apply to your use of the app. Developer is not responsible for any technical issues, malfunctions, or content inaccuracies that may arise from the use of these third party services.
Further, Developer does not warrant or make any representations concerning the accuracy, likely results or reliability of the use of the features on the fAIry AI App or otherwise relating to such features or on any websites linked to the fAIry AI App. We do not warrant that the Fairy App will perform to your expectations or that there will be no errors, mistakes, omissions, downtimes, interruptions or cessations in the content or features. Furthermore, we do not warrant that the fAIry AI App will not contain harmful software, such as bugs, worms and trojan horses transmitted by third parties or that the personal data we hold about you is 100% secure.
14. Liability limitations
In no event shall Developer or any of its affiliates be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental or punitive damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the fAIry AI App, even if Developer or any authorised personnel or employee has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
Nothing under these Terms of Service shall be construed as limiting the warranties and rights you have under applicable law, including the non-excludable warranties under the Consumer Law.
15. Indemnity
You hereby agree to indemnify and hold Developer harmless from and against any claims, demands, damages, losses, disputes, court actions, proceeding and expenses (including attorney’s fees) that may be made by any third party as a result of (i) your use or inability to use the fAIry AI App; (ii) Your Content and its use or any licensing therein, or (iii) your breach or violation of these Terms of Service, any applicable law or a third party’s right.
16. Third-party links
We have not reviewed all of the websites linked to the Fairy App and are not responsible for the contents of any such linked websites. The inclusion of any link does not imply our endorsement of such websites’ practices. Your use of any such linked websites is at your own risk.
17. Modifications
We may revise these Terms of Service for the fAIry AI App at any time without notice. By using the Fairy App, you are agreeing to be bound by the then current version of these Terms of Service.
18. Entire agreement
These Terms of Service represents the entire agreement between you and Company in relation to your use of the fAIry AI App. These Terms of Service supersede any understanding, promises, agreements, and covenants – whether oral or written – that may have existed between you and Developer before them.
19. Severability
If any portion or section of these Terms of Service is found to be invalid or unenforceable by any applicable law or court having competent jurisdiction, such a portion or section shall be deleted (or edited to be valid), and it shall not affect the other valid and enforceable portions or sections.
20. Force majeure
Developer shall, in no way, be liable to you or any third party for any failure or delay to provide the fAIry AI App as a result of events beyond its reasonable control, including without limitation, internet breakdowns, maintenance, riots, pandemics, government intervention and acts of God.
21. Waiver
No waiver under these Terms of Service shall be valid unless such a waiver is in writing. Developer’s failure to enforce a right or provision under these Terms of Service shall not be deemed as a waiver of its right to enforce such a right or provision at a later date or on subsequent violations.
22. Survival
If these Terms of Service terminates in any way, including where your fAIry AI account is deleted, the sections under these Terms of Service that by their nature are meant to survive the termination shall survive such termination.
23. Additional terms
Your use of certain features on the fAIry AI App may be subject to additional terms and conditions, and such terms and conditions shall be in addition to these Terms of Service. However, the additional terms and conditions may sometimes conflict with these Terms of Service. If that happens, then the additional terms in relation to such features shall supersede.
