Terms of Service

The System

The TaleTiles storytelling system is a hybrid physical and digital storytelling product for parents and children ages 3 to 10. The Services may include a physical wooden Hearth board, a set of illustrated wooden story tiles, the TaleTiles mobile app (the “App”), related websites, subscriptions if expressly offered, updates, support, and any stories, narration, images, text, audio, or other content generated, displayed, delivered, or made available through the Services (collectively, the “Output”). To use the System, you place physical tiles on the Hearth board, scan the layout with the App, and the Services may generate a custom story and narrated audio based on the selected tiles and the information you provide.

Beta Program, Availability, and Order of Precedence

Some or all of the Services may be offered as a limited, invitation based beta or other pre-release program. If you are a participant in the beta, your participation is also governed by the TaleTiles Beta Test Agreement, which is incorporated by reference. If any term of these Terms conflicts with the Beta Test Agreement, the Beta Test Agreement controls for beta participants. During the current beta, no paid features, subscriptions, or subscription billing are offered unless we expressly state otherwise at the point of offer. Beta features are provided for testing and evaluation, may change or be withdrawn at any time, and may contain errors, interruptions, or other issues not present in later commercial releases.

Eligibility and Parental Responsibility

You must be at least 18 years old to accept these Terms, create any account, make any purchase, subscribe to any paid feature if expressly offered, or otherwise use the Services. The Services are intended to be used by children only with the involvement, supervision, and consent of a parent or legal guardian. By using the Services, you represent that you are the parent or legal guardian of any child you allow to use the Services, or that you otherwise have the legal right and authority to consent to that child's participation, and you agree to supervise all use by a child. You are responsible for the settings you choose, including any content controls, the information you enter, the accuracy of information you provide, the activities that occur through your device or account, and compliance with any age, safety, or usage instructions we provide.

License and Subscription Rights

Subject to these Terms and, for beta participants, the Beta Test Agreement, Fable Dynamics grants you a limited, personal, revocable, nonexclusive, nontransferable license to access and use the Services and the Output solely for your household's personal, noncommercial use and, during any beta period, for testing and evaluating the Services. Any subscription or purchase gives you only the limited rights expressly granted under these Terms and does not transfer any ownership interest in the Services or Output. This license lasts only while you are an authorized user and remain in compliance with these Terms. Except as expressly permitted by us in writing or by applicable law, you may not sublicense, reproduce, republish, sell, redistribute, publicly perform, publicly display, or commercially exploit the Services or Output, or create derivative works from the Services or Output.

Subscriptions, Trials, and Billing

Certain features of the Services may require a paid subscription or other purchase if and when expressly offered by us. During the current beta, no paid features, subscriptions, or subscription billing are offered unless we expressly state otherwise at the point of offer. If you purchase a subscription through the Apple App Store, Google Play, or another third party platform, your purchase will be billed, renewed, and managed through that platform under its applicable payment terms, and you authorize that platform to charge the applicable fees, taxes, and any recurring amounts. Unless otherwise disclosed at the time of purchase, subscriptions renew automatically until canceled. You must cancel before the renewal date to avoid the next billing charge. Trial offers, introductory pricing, promotional credits, and eligibility restrictions may apply and may change or end at any time. Except as required by applicable law or the applicable platform's refund rules, subscription fees are nonrefundable, and partial billing periods will not be prorated or credited.

Intellectual Property and Output Rights

As between you and Fable Dynamics, Fable Dynamics and its licensors own all right, title, and interest in and to the Services, including the App, software, designs, artwork, audiovisual content, tile designs, trademarks, logos, technology, and all associated intellectual property rights. Except for the limited rights expressly granted in these Terms, you receive no rights in the Services. Subject to your compliance with these Terms, you may use Output generated for you through the Services for your personal, family, and other noncommercial purposes. Because Output is generated automatically, similar or identical stories, themes, phrases, plot points, voices, or other content may be generated for other users, and no Output is guaranteed to be unique. We retain all rights in the Services and in any underlying models, systems, templates, software, prompts, workflows, compilations, and improvements used to generate Output. You agree not to use the Fable Dynamics or TaleTiles names or logos except as we expressly permit.

Acceptable Use

You agree not to, and not to permit any child or other person to, use the Services in any of the following ways:

• use the Services for any unlawful, harmful, or abusive purpose, or in violation of these Terms or the Beta Test Agreement;
• copy, modify, reverse engineer, decompile, disassemble, or attempt to extract the source code of the App or any other part of the Services, except to the extent this restriction is prohibited by applicable law;
• probe, scan, or test the vulnerability of, or breach or circumvent any security or authentication measure of, the Services or any provider supporting the Services;
• use the Services to generate, request, input, upload, or attempt to elicit content that is unlawful, sexual, exploitative, hateful, harassing, violent, self-harm related, deceptive, or otherwise inappropriate for a product made for children, or to bypass any content filters, guardrails, or safety features;
• interfere with or disrupt the integrity, security, or performance of the Services, or place an unreasonable load on the Services or any provider supporting them;
• resell, rent, lease, distribute, or commercially exploit the Services or the Output; or
• remove, obscure, alter, or circumvent any proprietary notice, attribution, watermark, or rights-management mechanism.

AI-Generated Stories and Narration

The Output is generated automatically using artificial intelligence and other automated technologies based on the tiles you select and the information you provide. Output may vary in style, tone, quality, accuracy, and appropriateness, may include mistakes or unexpected content, and may not reflect your preferences even when content controls are enabled. The Services are designed for a young audience, but no filtering or safety measure is perfect. You are responsible for supervising a child's use, reviewing Output, and stopping playback or use if any Output is not appropriate. Output is provided for entertainment purposes only and is not educational, medical, mental health, legal, safety, or other professional advice.

Your Feedback

If you provide feedback, suggestions, ideas, comments, or other submissions about the Services or any Output, you grant Fable Dynamics the rights set out in the Beta Test Agreement, or if no Beta Test Agreement applies, a nonexclusive, worldwide, perpetual, irrevocable, fully paid, royalty-free right and license to use, reproduce, modify, adapt, publish, translate, distribute, perform, display, make derivative works from, and otherwise exploit that feedback for any lawful purpose, including to operate, improve, and commercialize the Services, without compensation to you. We will not use any child's feedback, name, image, or likeness for advertising, testimonials, or promotion without your prior written consent. Feedback you submit through the App is handled as described in our Privacy Policy.

Third Party Services

The Services rely on third party service providers for functions such as story-text generation, narration audio, tile recognition, hosting, infrastructure, payment processing, subscription management, analytics, crash or error reporting, communications, and app distribution. Your use of the Services may involve the transfer of certain information to those providers as described in our Privacy Policy. Third party platforms, app stores, operating systems, and providers may also have their own terms, policies, and practices that apply to you. Fable Dynamics is not responsible for third party products or services except to the extent required by applicable law.

Privacy

Our collection, use, disclosure, retention, and protection of information is described in the TaleTiles Privacy Policy and any applicable Direct Parental Notice, consent flow, or in-app disclosure we provide. By using the Services, you acknowledge that you have read those materials and, where required, consent to the collection, use, and disclosure of information as described in them. For beta participants, the Beta Test Agreement also describes information practices that apply during the beta. If you do not consent to the applicable information practices, do not use the Services.

If the Services collect personal information from a child, the parent or legal guardian may have rights under applicable law to review, request deletion of, or refuse further collection or use of the child's personal information, subject to certain operational or legal limitations. Information about how to exercise those rights is provided in our Privacy Policy or the applicable parental notice.

Availability, Updates, and Subscription Changes

The Services are under active development, and we may add, change, suspend, remove, or restrict features, content, functionality, or availability at any time and without liability. We may release updates, patches, fixes, or upgrades to the App, and some updates may be installed automatically or may be required for continued use. We may also introduce, modify, or discontinue paid features, subscriptions, trial offers, promotional programs, or pricing, including after the current beta. To the extent required by applicable law, we will provide notice of material changes to these Terms or to paid offerings, and your continued use of the Services after the effective date of updated Terms means you accept the revised Terms.

Disclaimers; Product and Safety Notices

THE SERVICES, THE OUTPUT, AND ANY PHYSICAL PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” without warranties of any kind. To the fullest extent permitted by law, Fable Dynamics disclaims all warranties, express, implied, or statutory, including the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranty that the Services will be uninterrupted, error free, secure, accurate, reliable, or suitable for your needs. You acknowledge that the Services include automated and AI-generated content that may be incomplete, inaccurate, or inappropriate. Physical products are not toys for unsupervised use beyond any stated age guidance, and adult supervision is required. You are responsible for following all safety, care, storage, and use instructions we provide and for discontinuing use of any damaged product. Nothing in these Terms limits any non-waivable consumer rights you may have under applicable law.

You are responsible for inspecting physical products before each use, using them only as intended, and keeping them away from situations that could create choking, splinter, breakage, fire, moisture, or other hazards. If we issue any safety notice, update, repair instruction, replacement program, or recall relating to a physical product, you agree to follow the instructions provided and to stop using affected products as directed.

Limitation of Liability

To the fullest extent permitted by law, Fable Dynamics and its affiliates, licensors, service providers, members, managers, officers, employees, and agents will not be liable to you or any other party for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of data, loss of content, loss of profits, loss of revenues, or loss of goodwill, arising out of or relating to the Services, any Output, any physical product, or these Terms, whether based in contract, tort (including negligence), strict liability, warranty, or any other theory, even if advised of the possibility of such damages. To the fullest extent permitted by law, the total aggregate liability of all such parties arising out of or relating to the Services, any Output, any physical product, or these Terms will not exceed the greater of (a) one hundred U.S. dollars (USD 100.00) or (b) the amount you paid to Fable Dynamics for the Services in the 12 months preceding the event giving rise to the claim. Because some portions of the Services may be provided on a complimentary beta basis, this limitation is a material part of these Terms. Some jurisdictions do not allow certain limitations or exclusions, so some of the above may not apply to you.

Indemnification

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Fable Dynamics and its affiliates, licensors, service providers, members, managers, officers, employees, and agents from and against any claims, damages, losses, liabilities, judgments, awards, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to (a) your or any child's misuse of the Services or any physical product, (b) your violation of these Terms or the Beta Test Agreement, (c) your violation of any law or of the rights of any third party, or (d) any information, prompts, inputs, or materials you submit through the Services.

Termination

You may stop using the Services at any time and may uninstall the App. If you have a subscription purchased through a third party platform, cancellation must be handled through that platform unless we expressly state otherwise. We may suspend, restrict, or terminate your access to any part of the Services at any time, with or without notice, including for a breach of these Terms, the Beta Test Agreement, platform rules, or suspected misuse, safety concerns, or legal compliance needs. Upon termination, the license in section 4 ends immediately, and you must stop using the Services. Termination will not affect any accrued rights or obligations, including payment obligations already incurred, and sections 5, 6, 9, and 13 through 19 survive.

Governing Law; Disputes

These Terms are governed by the laws of the State of Colorado, without reference to its conflict of law principles. Before filing any claim, you agree to first contact us and attempt in good faith to resolve the dispute informally. If a dispute is not resolved informally, then, unless applicable law requires otherwise, any dispute arising out of or relating to these Terms or the Services will be brought exclusively in the state or federal courts located in Colorado, and you and Fable Dynamics consent to the personal jurisdiction of those courts. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND FABLE DYNAMICS EACH WAIVE ANY RIGHT TO A JURY TRIAL AND ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE ACTION OR PROCEEDING.

General

These Terms, together with the Beta Test Agreement, the Privacy Policy, and any additional terms expressly presented for a specific feature, product, promotion, or subscription, are the entire agreement between you and Fable Dynamics regarding the Services and supersede all prior understandings on that subject. If any provision is found unenforceable, the rest remains in effect, and the unenforceable provision will be enforced to the maximum extent permitted by law. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our prior written consent, and any attempt to do so is void. We may assign these Terms in connection with a merger, acquisition, financing, corporate reorganization, or sale of assets. Nothing in these Terms creates a partnership, agency, employment, fiduciary, or joint venture relationship. We are not liable for delays or failures caused by events beyond our reasonable control. Your electronic acceptance of these Terms has the same force and effect as a signed written agreement.

App Store and Platform Terms

If you obtained the App through the Apple App Store, Google Play, or another platform, you acknowledge that these Terms are between you and Fable Dynamics, not with that platform provider. The license granted to you for the App is limited to a nontransferable right to use the App on any device you own or control as permitted by the applicable platform's usage rules. Fable Dynamics, not Apple, Google, or any other platform provider, is solely responsible for the App and its content, maintenance, support, and any claims relating to the App, including any product liability claim, any claim that the App fails to conform to an applicable legal or regulatory requirement, and any claim arising under consumer protection, privacy, or similar laws, except to the extent otherwise required by law. To the maximum extent permitted by applicable law, platform providers have no warranty obligations with respect to the App. You represent and warrant that you are not located in, under the control of, or a national or resident of any country subject to a U.S. government embargo, and that you are not on any U.S. government list of prohibited or restricted parties. Apple and its subsidiaries, and any other applicable platform provider and its affiliates, are third party beneficiaries of these Terms and may enforce these Terms against you.

Contact Us

Questions about these Terms are welcome. Please reach out using the details below.

Contact

Fable Dynamics, LLC
9451 S Hackberry Ln, Highlands Ranch, CO 80129
Email: cole@taletiles.com
Phone: (303) 618-5206