Fabelino Terms of Service

1. Introduction

These Terms of Service (“Terms”) govern your access to and use of the Fabelino website, mobile apps and related services (collectively, the “Service”).

By creating an account, registering, generating a first chapter on our website or otherwise using the Service in any way, you confirm that you have read, understood and agree to be bound by these Terms.

If you do not agree to these Terms, you must not use the Service.

If you are a consumer and live in a country with mandatory consumer protection laws, those mandatory provisions will prevail to the extent they are more favorable to you. Nothing in these Terms affects your mandatory rights under the laws of your country of habitual residence.

2. Who may use Fabelino

Fabelino is intended solely for parents or legal guardians using the Service on behalf of their children.

You may only use Fabelino and create an account if:

you are at least 18 years old,
you are legally authorized to share information about the child for whom you create stories, and
you use the Service in compliance with the laws of the country where you live.

Children are not permitted to create their own Fabelino accounts and must not provide information to us directly.

You confirm that, as a parent or legal guardian, you are responsible for your child’s use of the Service and that you have obtained and granted all consents, permissions and authorizations required under applicable law.

You are responsible for keeping your login credentials confidential and for all activities that occur under your account.

If you generate a first chapter on our website before registering, or if you create an account in the app, you confirm by proceeding that you have read and accept our Terms of Service and Privacy Policy.

When you register in the app, this may additionally be confirmed by means of a separate checkbox. The Service may only be used by persons who meet the requirements set out in Section 2.

4. Use of the Service

Fabelino may only be used for personal, non‑commercial purposes. You may use the Service to create, listen to, download and play personalized stories for your family.

You agree that you will not:

use the Service for any unlawful purpose or in violation of any applicable law,
attempt to copy, reverse engineer, decompile, reconstruct, rent, sell or resell the Service or any part of it,
use automated tools such as bots, scripts or scrapers to access or interact with the Service,
input, upload or generate any content that is violent, pornographic, sexually suggestive, hateful, discriminatory, extremist, abusive or otherwise clearly unsuitable for children,
circumvent any security features, usage limitations or technical protection measures.

We reserve the right to remove content and to suspend or terminate your access to the Service, temporarily or permanently, if we reasonably believe that you have violated these Terms or have misused the Service.

5. Content and intellectual property

All rights in and to the Service itself, including the app, website, software, user interfaces, designs, logos, trademarks and other content, are owned by us or our licensors.

Subject to your compliance with these Terms, we grant you a personal, non‑exclusive, non‑transferable and revocable licence to use the Service and to download, store and play the stories and audio files generated for your account for private, non‑commercial purposes.

You may only use generated stories and audio files in a private setting. Without our prior written consent, you may not sell, license, publicly perform, commercially exploit or integrate them into any commercial service.

To the extent you input content into the Service – such as names, preferences, text prompts, ideas or other information (“User Inputs”) – you grant us a worldwide, non‑exclusive, royalty‑free, transferable and sublicensable licence to use, store, process and technically reproduce such User Inputs for the purposes of providing, operating, maintaining, debugging, securing and improving the Service.

If you submit feedback, suggestions or ideas to us, we may use them freely without obligation or compensation to you.

5a. Third-Party Rights and Prohibited Content

You must not input, upload, or generate any content through the Service that infringes the rights of third parties, in particular:

copyright and related rights (e.g. protected characters, illustrations, texts, music, films, or games),
trademark, trade dress, and design rights (e.g. protected names, logos, characteristic characters, or design elements of well-known brands),
personality, data protection/privacy, or other rights of third parties.

You are solely responsible for ensuring that the user input you provide does not infringe such rights and complies with applicable law. To the extent permitted by law, you agree to indemnify and hold us harmless from any third-party claims arising from an infringing use of the Service by you, including reasonable costs of legal defense.

We are entitled to block or remove content and to restrict access to the Service if we have reasonable grounds to believe that such content infringes third-party rights or violates these Terms, or if we are legally required to do so.

6. Privacy and children’s data

To personalize stories and provide the Service, we may process certain information, in particular information about the child such as first name, age, gender, language and interests, as well as the inputs you provide when creating stories.

We do not sell your data or your child’s data. We only share personal data with carefully selected service providers to the extent necessary to provide, secure and improve the Service.

Details about which data we collect, how we use it, which third‑party providers we rely on and how you can exercise your rights are set out in our current Privacy Policy.

If you exercise certain data protection rights, such as requesting deletion of your account or restricting certain processing activities, this may result in the Service being partially or fully unavailable to you.

7. Payments, subscriptions and story bundles

The Service may include free and paid features. In particular, we may offer:

recurring subscriptions, such as monthly or yearly premium subscriptions, and
usage‑based purchases, such as bundles with a fixed number of additional stories.

Prices, currency, scope of service and billing period will be clearly displayed before you complete any purchase.

If you purchase a paid subscription or make an in‑app purchase through an app store, such as the Apple App Store or Google Play, the store’s own terms and conditions for billing, cancellation, renewal and refunds will also apply.

Subscriptions renew automatically unless cancelled in time via the relevant app store account settings. Where your purchase is managed by an app store, we generally cannot cancel or modify the subscription on your behalf.

Story bundles or other digital credits you purchase are tied to your account, are non‑transferable, cannot be redeemed for cash and are generally non‑refundable, unless mandatory law or the applicable app store rules provide otherwise.

Where technically supported, an account may be used on multiple devices. There is no right to app‑store‑wide family sharing or cross‑platform transferability of paid purchases, unless expressly provided by us or by the relevant store.

We may change prices, introduce new plans or adjust existing offers. Such changes will not have retroactive effect on periods you have already paid for.

8. Availability, changes and termination

We aim to provide the Service in a continuous, secure and user‑friendly manner. However, we cannot guarantee that the Service will always be available, error‑free or uninterrupted.

We may update, modify, restrict or remove functions, content or components of the Service at any time, in particular for technical, legal, security or business reasons.

You may delete your account at any time directly in the app or by contacting us. When you delete your account, your right to use the Service ends, without prejudice to any mandatory statutory rights and any obligations that may still apply.

We may suspend or permanently terminate your access to the Service if:

you repeatedly or materially violate these Terms,
we are required to do so by law,
this is necessary for security reasons, or
we decide to discontinue the Service in whole or in part.

Where reasonably and technically feasible, we will inform you with reasonable notice before any permanent shutdown of the Service.

9. Disclaimer and limitation of liability

The Service and the generated stories are intended solely for entertainment and general well‑being. They do not constitute medical, psychological, therapeutic, educational or legal advice. If you have concerns about your child’s health, development, safety or well‑being, you should seek advice from qualified professionals.

To the extent permitted by law, the Service is provided on an “as is” and “as available” basis. We do not warrant that the Service will be available at all times, error‑free, completely secure or fit for any particular purpose.

To the extent permitted by law, we are liable to you only for damages caused by our wilful misconduct or gross negligence. In the event of slight negligence, we are only liable for breaches of essential contractual obligations, and in such cases our liability is limited to the typical, foreseeable damage.

Our aggregate liability arising out of or in connection with the Service is – to the extent permitted by law – limited to the amount you have paid for the Service in the twelve (12) months before the claim arose. If you have not paid anything, our liability is limited to the minimum extent permitted by law.

Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under applicable law, in particular liability for intent, gross negligence, injury to life, body or health, or any other mandatory statutory liability.

10. Governing law and dispute resolution

Unless mandatory law in your country of residence requires otherwise, these Terms and any disputes arising out of or in connection with the Service are governed by the laws of Curaçao, excluding its conflict‑of‑laws rules.

If you are a consumer, any mandatory consumer protection provisions of the state in which you have your habitual residence remain unaffected by this choice of law.

If you have any questions or complaints, you should contact us first so that we can try to resolve the matter informally.

We are willing to participate in a voluntary out‑of‑court dispute resolution procedure before a competent consumer dispute resolution body or ADR entity, where this is provided by law, appropriate or reasonable in the specific case.

11. Changes to these Terms

We may update these Terms from time to time, in particular when we introduce new features, change our business model or when legal requirements make changes necessary.

In the event of material changes, we will inform you in an appropriate manner, for example via the app, the website or by email, and specify the date on which the amended Terms will take effect.

If you continue to use the Service after the amended Terms take effect, you will be deemed to have accepted the updated Terms. If you do not agree to the changes, you must stop using the Service and may delete your account at any time.

12. Contact

If you have any questions about these Terms or the Service, you can contact us at:

E‑mail: hi@fabelino.ai
Postal address: Corosolweg 8, Villapark Zurzaak, Willemstad, Curaçao