Terms and Conditions

1. Agreement to Terms

These Terms and Conditions ("Terms") constitute a legally binding agreement between you and imovia GmbH ("Company," "we," "our," or "us"), a company registered in Switzerland, concerning your access to and use of the BarakaTales service ("Service").

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree with these Terms, you must not access or use the Service.

2. Description of Service

BarakaTales is an artificial intelligence-powered service that creates personalized children's stories from photographs of toys and objects. The Service includes:

• Image upload and processing capabilities
• AI-generated story creation with customizable parameters (length, language, moral themes)
• Comic-style image generation based on uploaded photos
• Text-to-speech audio narration in multiple languages
• Story library and management features

3. Eligibility and Account Registration

3.1 Age Requirements

You must be at least 18 years old to create an account and use the Service. The Service is intended for use by parents, guardians, and educators to create content for children. By using the Service, you represent and warrant that you are at least 18 years of age.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Keep your password secure and confidential
• Notify us immediately of any unauthorized use of your account

4. Acceptable Use Policy

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree NOT to:

• Upload images that contain inappropriate, harmful, or illegal content
• Upload images that infringe upon intellectual property rights of others
• Upload images containing identifiable people without proper consent
• Use the Service to create content that is harmful, abusive, harassing, or offensive
• Attempt to gain unauthorized access to the Service or its systems
• Interfere with or disrupt the Service or servers
• Use the Service for any commercial purpose without our prior written consent
• Reverse engineer, decompile, or disassemble any part of the Service

5. Content Ownership and License

5.1 Your Content

You retain all ownership rights to the photographs you upload ("Your Content"). By uploading Your Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, process, and display Your Content solely for the purpose of providing the Service to you.

5.2 Generated Content

Stories, images, and audio files generated by our AI systems based on Your Content ("Generated Content") are provided to you for your personal, non-commercial use. You may:

• Use Generated Content for personal entertainment and education
• Share Generated Content with family and friends
• Print Generated Content for personal use

You may not sell, license, or otherwise commercially exploit Generated Content without our prior written consent.

5.3 Service Content

The Service itself, including all software, designs, text, graphics, and other content (excluding Your Content and Generated Content), is owned by imovia GmbH and is protected by copyright, trademark, and other intellectual property laws.

6. AI-Generated Content Disclaimer

Important: All stories, images, and audio generated by our Service are created using artificial intelligence technology. You acknowledge and agree that:

• Generated content is created automatically by AI and may contain errors or inaccuracies
• We do not guarantee the quality, accuracy, or appropriateness of generated content
• You should review all generated content before sharing it with children
• AI-generated content may occasionally produce unexpected or unintended results
• We are not responsible for the content generated by our AI systems

Parents and guardians are responsible for reviewing generated content for appropriateness before presenting it to children.

7. Subscription and Payment

7.1 Service Tiers

We offer both free and premium subscription tiers. Free tier users have limited access to features and story generation capacity. Premium subscribers receive unlimited access to all features.

7.2 Payments

Premium subscriptions are billed in advance on a recurring basis (monthly or annually). You authorize us to charge your payment method for the applicable subscription fees.

7.3 Cancellation and Refunds

You may cancel your premium subscription at any time. Cancellation will be effective at the end of your current billing period. We do not offer refunds for partial subscription periods except as required by law.

8. Privacy and Data Protection

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to our collection and use of data as described in the Privacy Policy.

9. Third-Party Services

The Service utilizes third-party services including OpenAI (for AI generation), ElevenLabs (for audio synthesis), and Supabase (for data storage and authentication). Your use of the Service is also subject to the terms and policies of these third-party providers.

10. Service Availability and Modifications

We strive to provide reliable service but do not guarantee that the Service will be available at all times. We may:

• Modify, suspend, or discontinue any part of the Service at any time
• Impose limits on certain features or restrict access to parts of the Service
• Change pricing for premium features with advance notice

11. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Service will immediately cease.

You may terminate your account at any time by contacting us. Upon account termination, your data will be deleted in accordance with our Privacy Policy.

12. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We do not warrant that:

• The Service will be uninterrupted, secure, or error-free
• Generated content will be accurate, appropriate, or meet your expectations
• Any errors in the Service will be corrected

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, imovia GmbH SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM:

• Your use or inability to use the Service
• Any unauthorized access to or use of our servers and/or any personal information stored therein
• Any interruption or cessation of transmission to or from the Service
• Any content generated by the AI systems
• Any errors, mistakes, or inaccuracies in generated content

Our total liability to you for all claims arising from or related to the Service shall not exceed the amount you paid us in the twelve (12) months preceding the claim, or CHF 100, whichever is greater.

14. Indemnification

You agree to indemnify, defend, and hold harmless imovia GmbH, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of another party
• Your uploaded content

15. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Switzerland, without regard to its conflict of law provisions. Any disputes arising from or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of Switzerland.

16. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on this page and updating the "Last Updated" date. Your continued use of the Service after changes become effective constitutes your acceptance of the revised Terms.

17. Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

18. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and imovia GmbH regarding the Service and supersede all prior agreements and understandings.

19. Contact Information

If you have any questions about these Terms, please contact us: