Booklly is operated by Računalniško programiranje Janko Tomšič s.p., a sole proprietorship registered in Slovenia.

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Računalniško programiranje Janko Tomšič s.p. ("Booklly," "we," "us," or "our"), governing your access to and use of the Booklly website, application, and related services, including our AI-powered story generation tools, audio playback features, and the Booklly Library (collectively, the "Services").

By creating an account, subscribing to our Services, or otherwise using Booklly, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not use the Services.

2. Eligibility and Account Registration

2.1 Age Requirements

The Services are intended for adults only. You must be at least 18 years of age (or the age of legal majority in your jurisdiction) to create an account and use Booklly.

Booklly enables parents and guardians to create personalized stories for children. While the generated content is designed for children of various ages (including infants), the platform itself is operated exclusively by adults. Children do not interact with the Services directly.

2.2 Kid Profiles

You may create "Kid Profiles" within your account to personalize story generation for your children. By creating a Kid Profile, you represent and warrant that:

• You are the parent or legal guardian of the child, or have obtained verifiable consent from the parent or legal guardian.

• The information you provide (name, gender, birthdate, interests) is accurate.

• You understand this information is used solely to personalize AI-generated story content and is processed in accordance with our Privacy Policy.

You are solely responsible for all content generated using Kid Profiles associated with your account.

2.3 Account Security

To access premium features, you must register for an account. You agree to:

• Provide accurate, current, and complete information during registration.

• Maintain the security of your password and enable two-factor authentication if available.

• Accept responsibility for all activities that occur under your account.

• Notify us immediately via contact page if you discover unauthorized access.

We reserve the right to suspend or terminate accounts that violate these Terms or exhibit suspicious activity.

2.4 One Account Per Person

Each individual may maintain only one account. Creating multiple accounts to circumvent subscription limits, abuse promotional offers, or evade enforcement actions is prohibited.

3. Description of Services

Booklly provides:

• AI Story Generation: Create personalized children's stories using artificial intelligence based on your prompts, selected categories, and Kid Profile information.

• Audio Playback: Listen to AI-narrated stories with character voices and synchronized illustrations.

• The Booklly Library: Access stories created by you and (if applicable) your Family members, as well as publicly available stories.

• Family Sharing: Share subscription benefits and stories with invited Family members.

The specific features available depend on your subscription tier.

4. Subscriptions and Billing

4.1 Subscription Tiers

Prices are in Euros and include applicable VAT for EU customers. Pricing may vary by region and is displayed at checkout.

4.2 Story Credits

• Basic subscribers receive 10 story credits per billing cycle.

• Unused credits do not roll over to subsequent billing periods.

• Creator subscribers have unlimited story generation.

• Each story generation consumes one credit (Basic tier) or is unlimited (Creator tier).

4.3 Payment Processing

Payments are processed by Stripe, our third-party payment processor. By subscribing, you authorize Stripe to charge your selected payment method. Booklly does not store your full credit card details.

4.4 Automatic Renewal

Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date.

• You will be charged the then-current subscription rate.

• We will notify you of any price changes at least 30 days in advance.

• You may cancel at any time through your account settings or the Stripe billing portal.

4.5 Cancellation

You may cancel your subscription at any time. Upon cancellation:

• You retain access to premium features until the end of your current billing period.

• Your subscription will not renew.

• Stories you have created remain accessible according to Section 5.

• Unused credits are forfeited and not refundable.

4.6 Refunds

Due to the nature of digital content and the costs incurred in AI generation, all purchases are final. We do not provide refunds for:

• Partially used billing periods.

• Unused story credits.

• Dissatisfaction with AI-generated content.

Exception: If you experience a technical issue that prevents you from using the Services, contact us at contact page within 14 days. We will investigate and may offer a refund or service credit at our discretion.

4.7 EU Right of Withdrawal

For consumers in the European Union and European Economic Area:

Under the Consumer Rights Directive (2011/83/EU), you have the right to withdraw from a distance contract within 14 days without giving any reason. However, this right does not apply to contracts for the supply of digital content not supplied on a tangible medium if performance has begun with your prior express consent and acknowledgment that you lose your right of withdrawal.

By clicking "Subscribe" or "Start Free Trial" and checking the required consent box, you:

1. Expressly consent to the immediate performance of the contract and delivery of digital content.

2. Acknowledge that you thereby lose your right of withdrawal once the digital content delivery has begun.

If you do not consent, you may not purchase the subscription.

4.8 Free Trials

If offered, free trials convert to paid subscriptions automatically at the end of the trial period unless cancelled at least 24 hours before the trial ends. The payment method on file will be charged the applicable subscription fee.

5. Intellectual Property and Content Rights

This section governs ownership and licensing of content created through the Services. Please read it carefully.

5.1 Booklly Platform IP

Booklly owns all rights to the Services, including the website, application code, design, user interface, AI models integration, database structures, and the curated Booklly Library as a compilation. This includes all trademarks, service marks, and trade dress associated with Booklly.

5.2 User Input and AI Output

• "User Input" means the prompts, parameters, Kid Profile data, and other information you provide to generate stories.

• "AI Output" means the stories, characters, images, and audio generated by our AI systems based on your User Input.

• "User Content" means User Input and AI Output collectively.

5.3 Your Rights in User Content

You retain any intellectual property rights you may have in your original User Input (such as unique character names or story concepts you create).

You acknowledge that:

• AI Output may not be eligible for copyright protection under current law, as it is generated by artificial intelligence with limited human creative input.

• Similar or identical AI Output may be generated for other users who provide similar prompts.

• The legal status of AI-generated content is evolving and uncertain.

5.4 License Grant to Booklly

By using the Services, you grant Booklly a worldwide, perpetual, irrevocable, royalty-free, fully sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display your User Content for any purpose, including:

• Library Operations: Displaying your stories in the Booklly Library for other subscribers.

• Marketing and Promotion: Using story excerpts, titles, and images in promotional materials, social media, advertisements, and press releases.

• Service Improvement: Analyzing content to improve our AI systems and Services.

• Sublicensing: Granting these rights to our service providers, partners, and affiliates.

For the Booklly Library and marketing purposes, this license is exclusive with respect to commercial exploitation, meaning you agree not to license your User Content to competing services or commercially exploit it outside of Booklly.

5.5 License Back to You

Booklly grants you a limited, non-exclusive, non-transferable, revocable license to:

• Access and view your User Content within the Services.

• Share your stories privately with family and friends for non-commercial purposes.

• Download your stories for personal, non-commercial use.

You may not sell, license, or commercially distribute your User Content or use it to compete with Booklly.

5.6 Moral Rights

To the extent permitted by applicable law, you waive any moral rights (including rights of attribution, integrity, and withdrawal) in your User Content that would prevent or restrict Booklly from exercising its rights under this license. Where such waiver is not permitted, you agree not to assert such rights against Booklly.

5.7 Content Retention After Account Deletion

If you delete your account:

• Your private, unpublished stories will be deleted.

• Stories you have published to the Booklly Library may be retained in anonymized form (with your username removed) to maintain library integrity for other subscribers.

• This retention is based on our legitimate interest in operating a consistent library service and is detailed in our Privacy Policy.

5.8 Representations and Warranties

You represent and warrant that:

• Your User Input does not infringe any third-party intellectual property rights.

• Your User Input does not contain defamatory, illegal, or harmful content.

• You have all necessary rights to grant the licenses in this Section 5.

6. Family Subscriptions

6.1 Creating a Family

If your subscription tier supports Family features, you may create a Family group and invite up to 2 additional members to share subscription benefits.

6.2 Family Member Responsibilities

• Only adults (18+) may be invited as Family members.

• Each Family member must create their own Booklly account and accept these Terms.

• The Family owner is responsible for managing invitations and membership.

• Family members may access shared stories and create their own Kid Profiles.

6.3 Shared Content

Stories created by Family members may be visible to other members of the same Family group. By joining a Family, you consent to sharing your stories within that group.

6.4 Leaving or Removing Members

• Family members may leave at any time.

• The Family owner may remove members.

• Upon leaving, a member loses access to shared Family content but retains their own stories.

7. Acceptable Use Policy

You agree not to use the Services to:

7.1 Generate Prohibited Content

• Illegal content: Material that violates any applicable law, including child exploitation material, content promoting terrorism, or illegal drug manufacturing.

• Harmful content: Material promoting violence, self-harm, suicide, or abuse.

• Hate speech: Content that attacks individuals or groups based on race, ethnicity, national origin, religion, gender, sexual orientation, disability, or other protected characteristics.

• Sexual content: Explicit sexual material, especially involving minors (even fictional depictions).

• Defamatory content: False statements that harm the reputation of identifiable individuals.

• Infringing content: Material that violates copyright, trademark, or other intellectual property rights.

7.2 Abuse the Platform

• Circumvent usage limits, authentication, or security measures.

• Use automated scripts, bots, or scrapers to access the Services.

• Attempt to reverse engineer, decompile, or extract source code from the Services.

• Share account credentials or subscription access with unauthorized users.

• Resell, sublicense, or commercially redistribute the Services.

• Overload our infrastructure with excessive requests.

7.3 Harm Others

• Impersonate any person or entity.

• Harass, stalk, or intimidate other users.

• Collect personal information about other users without consent.

• Transmit malware, viruses, or other harmful code.

7.4 Enforcement

We reserve the right to:

• Remove or disable access to any content that violates this policy.

• Suspend or terminate accounts of violators without refund.

• Report illegal activity to law enforcement authorities.

• Cooperate with legal investigations.

8. AI Disclaimer and Limitations

8.1 Nature of AI-Generated Content

The Services use artificial intelligence to generate stories, images, and audio. You acknowledge that:

• AI is probabilistic: Outputs are generated using statistical models and may vary unpredictably.

• Content may be inaccurate: AI may produce factual errors, anachronisms, or nonsensical content ("hallucinations").

• Content is fictional: All generated stories are works of fiction. Any resemblance to real persons, living or dead, or actual events is coincidental.

• Content is not unique: Other users may receive similar or identical outputs from similar inputs.

8.2 No Professional Advice

AI Output should not be relied upon as medical, legal, financial, educational, or professional advice. The content is for entertainment purposes only. Always consult qualified professionals for advice in these areas.

8.3 Age-Appropriateness

While we implement content filters and age-appropriate generation based on Kid Profiles, we cannot guarantee that all generated content will be suitable for all children. Parents and guardians should review content before sharing it with children.

8.4 Third-Party AI Providers

The Services utilize AI models from third-party providers including OpenAI, Anthropic, and Google. Your prompts are transmitted to these providers for processing. By using the Services, you consent to this data transmission as described in our Privacy Policy.

9. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

To the fullest extent permitted by law, Booklly disclaims all warranties, including:

• Merchantability and fitness for a particular purpose.

• Non-infringement of third-party rights.

• Accuracy, reliability, or completeness of AI-generated content.

• Uninterrupted, error-free, or secure operation of the Services.

• That defects will be corrected.

Some jurisdictions do not allow the exclusion of certain warranties. In such jurisdictions, the above exclusions apply to the fullest extent permitted by law.

10. Limitation of Liability

To the fullest extent permitted by applicable law:

Booklly, its owner, employees, and service providers shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including:

• Loss of profits, revenue, or business opportunities.

• Loss of data or content.

• Personal injury or emotional distress.

• Any damages arising from reliance on AI-generated content.

Our total liability for any claims arising from or related to these Terms or the Services shall not exceed the greater of:

• The amount you paid to Booklly in the 12 months preceding the claim, or

• €100.

Mandatory Consumer Rights: Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for death or personal injury caused by negligence, fraud, or fraudulent misrepresentation.

11. Indemnification

You agree to indemnify, defend, and hold harmless Booklly and its owner, employees, and service providers from any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from:

• Your violation of these Terms.

• Your User Input or use of AI Output.

• Your infringement of any third-party rights.

• Your violation of any applicable law.

This indemnification obligation does not apply where the claim arises solely from Booklly's negligence or willful misconduct.

12. Copyright and Intellectual Property Claims

12.1 Reporting Infringement

If you believe that content on Booklly infringes your intellectual property rights, please send a notice to hello@booklly.com containing:

• Your contact information.

• Identification of the copyrighted work claimed to be infringed.

• Identification of the infringing material and its location on our Services.

• A statement that you have a good faith belief that the use is not authorized.

• A statement, under penalty of perjury, that the information is accurate and you are authorized to act on behalf of the copyright owner.

• Your electronic or physical signature.

12.2 Counter-Notice

If you believe your content was wrongly removed, you may submit a counter-notice with:

• Your contact information.

• Identification of the removed material and its former location.

• A statement under penalty of perjury that you have a good faith belief the material was removed by mistake.

• Consent to jurisdiction of courts in Slovenia.

• Your signature.

12.3 Repeat Infringers

We will terminate accounts of users who are repeat infringers of intellectual property rights.

13. Modifications to Terms

We may modify these Terms at any time. If we make material changes, we will notify you by:

• Email to the address associated with your account, and/or

• Prominent notice within the Services.

Changes become effective 30 days after notification, or immediately for changes required by law or for new features. Your continued use of the Services after changes take effect constitutes acceptance of the modified Terms.

If you do not agree to the modified Terms, you must stop using the Services and may cancel your subscription.

14. Term and Termination

14.1 Term

These Terms remain in effect while you use the Services or maintain an account.

14.2 Termination by You

You may terminate your account at any time through account settings or by contacting us at contact page.

14.3 Termination by Booklly

We may suspend or terminate your account immediately, without prior notice, if:

• You breach these Terms.

• We are required to do so by law.

• We discontinue the Services.

We may also terminate your account with 30 days' notice for any reason.

14.4 Effect of Termination

Upon termination:

• Your right to use the Services ceases immediately.

• We may delete your account data (subject to legal retention requirements and the Library retention policy in Section 5.7).

• Sections 5 (Intellectual Property), 9-11 (Disclaimers, Liability, Indemnification), and 15 (Governing Law) survive termination.

• No refunds are provided for unused subscription periods.

15. Governing Law and Dispute Resolution

15.1 Governing Law

These Terms are governed by the laws of the Republic of Slovenia, without regard to conflict of law principles. Where EU law applies, it shall take precedence.

15.2 Dispute Resolution

We encourage you to contact us first at contact page to resolve any disputes informally.

If informal resolution fails, any dispute arising from these Terms or the Services shall be submitted to the exclusive jurisdiction of the courts of Novo mesto, Slovenia, unless mandatory consumer protection laws in your jurisdiction provide otherwise.

15.3 EU Consumer Rights

If you are a consumer in the European Union, you may also have the right to submit disputes to the Online Dispute Resolution (ODR) platform provided by the European Commission at: https://ec.europa.eu/consumers/odr

You retain any mandatory consumer rights under the laws of your country of residence that cannot be waived by contract.

16. General Provisions

16.1 Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Booklly regarding the Services.

16.2 Severability

If any provision of these Terms is found unenforceable, the remaining provisions continue in effect. The unenforceable provision will be modified to the minimum extent necessary to make it enforceable.

16.3 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

16.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without our written consent. We may assign our rights and obligations without restriction.

16.5 Force Majeure

Booklly is not liable for failures or delays caused by circumstances beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, government actions, internet or infrastructure failures, or third-party service outages.

16.6 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights, except as explicitly stated.

16.7 Language

These Terms are provided in English. If translated into other languages, the English version prevails in case of conflict.

17. Contact Information

For questions about these Terms, please contact:

Računalniško programiranje Janko Tomšič s.p.

Pugljeva ulica 1

8000 Novo mesto

Slovenia

contact page

By using Booklly, you acknowledge that you have read, understood, and agree to these Terms of Service.