Fable Dynamics LLC · Effective upon acceptance
Please read the terms of this TaleTiles Beta Test Agreement and Confidentiality Agreement ("Agreement") governing your participation in the beta test of the TaleTiles Storytelling System provided to you ("You") by Fable Dynamics, LLC ("Fable Dynamics").
By indicating customer's acceptance of these terms, you (1) represent that you are over the age of 18, (2) represent that you are the parent or legal guardian of any Minor User you allow to use the TaleTiles Storytelling System or otherwise have the legal right and authority to consent to such Minor User's participation, (3) agree to be legally bound by all of the terms of this Agreement for yourself and on behalf of any such Minor User, and (4) consent to the collection, use, disclosure, and processing of information as described in this Agreement in connection with the beta test program.
Now, therefore, in consideration of the mutual covenants set forth herein, the parties hereby agree as follows:
You agree to keep confidential and not disclose or discuss with any third party: (a) the System, (b) the System Components, (c) any Output generated by the System, (d) Fable Dynamics' development or marketing plans that you learn about as part of your participation as an evaluator, (e) your participation in the evaluation program, and (f) verbal or written communications from Fable Dynamics employees, agents, contractors, or other representatives regarding the System and/or the Output. The confidentiality requirements continue until the applicable information becomes publicly known through no breach of this Agreement by you.
Notwithstanding the foregoing, you are allowed and encouraged to share your general experience with the System on social media without disclosing:
You will provide prompt feedback to Fable Dynamics regarding the System and Outputs when requested. This may include filing online reports, participating in telephone interviews, providing suggestions and ideas, and responding to written surveys or email "homework" that may be provided by Fable Dynamics. You acknowledge and agree that Fable Dynamics may use, disclose, reproduce, license, distribute, and otherwise use such feedback to evaluate, operate, improve, and commercialize the System. You hereby grant to Fable Dynamics all required rights and licenses in your feedback and the associated intellectual property rights necessary to allow Fable Dynamics to exercise the foregoing rights. Notwithstanding the foregoing, Fable Dynamics will not use any Minor User feedback, statements, name, image, likeness, or other identifiable submission for advertising, publicity, testimonials, or other marketing purposes without your prior written consent.
At a minimum, you agree to the following activities:
Without limiting the foregoing, with respect to any Minor User feedback, statements, name, image, likeness, or other identifiable submission, any commercial use other than for internal evaluation, testing, compliance, safety, support, or improvement of the System may be made only with your prior written approval.
Subject to the terms and conditions of this Agreement, Fable Dynamics hereby grants you a limited, personal, nonexclusive, nontransferable, and revocable license to use the System and Output solely for your and any Minor User's personal entertainment and for purposes of testing and evaluating the System and Output(s) under this Agreement.
Your license will be valid only during the time that you are an active participant in any System evaluation. Your license is solely for the purpose of testing and evaluating the System and any Outputs to assist Fable Dynamics in the completion of its development, and not for any other commercial purpose or use, including but not limited to the sublicensing of the System, reproduction, republication, or redistribution of the Output(s), or the creation of any derivative works based on the Output(s).
You acknowledge and agree that the System and Outputs are not complete in development and have not been commercially released for sale by Fable Dynamics.
You acknowledge and agree that Fable Dynamics owns all right, title, and interest in and to the System and Outputs and in any and all intellectual property rights therein, including but not limited to any and all copyrights, patents, patent applications, trade secrets, trademarks, and other intangible rights therein.
You agree not to use Fable Dynamics' trademarks or other business names for any purpose except as expressly permitted by Fable Dynamics. You will not earn or acquire any rights or licenses under any copyrights, patents, trade secrets, trademarks, or other intellectual property rights on account of this Agreement or your performance under this Agreement.
To the extent that Fable Dynamics provides you the Output(s), you agree that all Outputs are and remain the sole and exclusive property of Fable Dynamics. You further agree, upon request of Fable Dynamics, to return any System Components or Outputs at the end of the evaluation at Fable Dynamics' expense. You agree to promptly disclose and hereby assign to Fable Dynamics any suggestions for change and/or improvement to the System or Outputs and any related rights thereto and to assist Fable Dynamics, as reasonably requested by Fable Dynamics and at Fable Dynamics' expense, in obtaining intellectual property protection relating to such suggestions as Fable Dynamics may reasonably direct.
For purposes of this evaluation program, you agree to allow Fable Dynamics, its employees, agents, service providers, and authorized contractors to contact you using the personal contact information you have provided, such as your name, email address, mailing address, and telephone number, in order to administer the beta program, provide support, communicate updates, collect feedback, process forms and surveys, and otherwise operate the System and related services.
You acknowledge and agree that, in the current 1.0 beta design, certain child-related information, including a child's first name, pronunciation aid, pronoun or gender preference, role selection, saved stories, saved audio, parental control settings, and related story-play information, may be stored locally on your device for use of the System. You further acknowledge and agree that such information, and tile photos captured during use of the scanning function, may be transmitted off device to designated service providers only as reasonably necessary to operate requested System functions. In particular:
Fable Dynamics may change service providers performing these functions from time to time, and the then-current providers and related disclosures will be identified in the applicable Privacy Policy, COPPA direct notice, or other direct notice made available to you.
In addition, if you voluntarily choose to send feedback on a saved story through the System, Fable Dynamics may store the submitted story text and associated story-feedback information on its backend service provider, currently Supabase, for review and product improvement, subject to Fable Dynamics' retention practices. Fable Dynamics also may collect and use limited telemetry, diagnostics, crash, analytics, and support information relating to beta use of the System, provided that such information is intended to exclude child names and story content except where you voluntarily submit such content as part of feedback or support. Parent contact information may be stored and used in Fable Dynamics' beta administration, analytics, form-response, email, support, and backend systems in connection with the beta program.
Family Voices, grandparent narration, and similar family-recording features are not part of this beta program and are not authorized under this Agreement unless Fable Dynamics separately introduces them under updated terms and disclosures.
By clicking to accept this Agreement, you consent, on behalf of yourself and any Minor User whose participation you authorize, to the collection, use, disclosure, and processing described in this Agreement for purposes of beta testing, operating, securing, supporting, and improving the System, and you acknowledge that Fable Dynamics may maintain a record of your acceptance, consent, and related beta participation details for compliance, proof of authorization, and administration of the beta program. Fable Dynamics will use commercially reasonable measures appropriate to the beta stage to limit access to submitted information, maintain administrative, technical, and organizational safeguards, and review retention and deletion practices for information collected in connection with the beta program.
You may withdraw from the beta program at any time by written notice to Fable Dynamics. Upon withdrawal, or upon your written request, Fable Dynamics will cease further beta collection from you except as reasonably necessary to maintain legally required records, enforce this Agreement, complete pending support or deletion requests, or retain information for internal compliance, security, fraud-prevention, or incident-response purposes. You may also request deletion of parent contact information and beta feedback records maintained by Fable Dynamics, including records held in beta administration, analytics, forms, email or support inboxes, and backend systems, and Fable Dynamics will process such requests within a reasonable period subject to the foregoing exceptions and technical limitations.
This Agreement will automatically expire at the end of your participation in the evaluation unless terminated sooner in accordance with this Agreement, and in any case shall expire not more than five (5) years after the date of this Agreement. Either party may terminate this Agreement before the end of your participation in the evaluation for any reason or no reason upon written notice to the other party. This Agreement will automatically terminate upon any breach by you of any of your obligations hereunder, including breach of confidentiality obligations. Upon request from Fable Dynamics, you will deliver to Fable Dynamics, or otherwise make available for pick-up by Fable Dynamics at your premises, the System and any other tangible Fable Dynamics property. Upon termination or withdrawal from the beta program, you must discontinue use of the System to the extent requested by Fable Dynamics, and Fable Dynamics will handle any retained beta information in accordance with Section 7.
This Agreement may not be assigned by you without the prior written consent of Fable Dynamics, and any attempt to assign without such consent shall be null and void. This Agreement shall be governed by the laws of the State of Colorado, without reference to its conflict of law principles. You consent to the jurisdiction of the federal and state courts sitting in the State of Colorado.
This Agreement constitutes the entire agreement between you and Fable Dynamics with respect to the subject matter hereof, and supersedes all prior oral or written understandings, communications, or agreements not specifically incorporated herein. If any provision of this Agreement is found to be invalid or unenforceable pursuant to judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable according to its terms.
You acknowledge that any breach of your obligations under this Agreement with respect to the proprietary rights of Fable Dynamics will cause Fable Dynamics irreparable injury for which there are inadequate remedies at law, and, therefore, Fable Dynamics will be entitled to equitable relief in addition to all other remedies provided by this Agreement or available at law or in equity.