Terms of Service (EULA) - Talesy App

Table of Contents

  1. Scope of Application
  2. Definitions
  3. Contract Formation
  4. Subscription and Payments
  5. User Rights and Restrictions
  6. Content and Services
  7. Special Provisions for Minors
  8. Privacy and Data Protection
  9. Term and Termination
  10. Liability
  11. Final Provisions

1. Scope of Application

1.1 These Terms of Service (hereinafter referred to as "Terms") govern the legal relationship between Karlowitz Studios, Wilhelmstraße 47, 74074 Heilbronn, Germany (hereinafter referred to as "Licensor", "we", "us", or "our") and the users of the Talesy application (hereinafter referred to as "App").

1.2 These Terms apply to all services, content, and features provided through the App, including subscriptions and digital content.

1.3 By downloading, installing, or using the App, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the App.

2. Definitions

2.1 "User" means any person who downloads, installs, or uses the App.

2.2 "Content" means all digital content, including but not limited to stories, audio, text, and visual elements available through the App.

2.3 "Subscription" means any recurring payment arrangement for access to premium features or content within the App.

3. Contract Formation

3.1 The contract between the Licensor and the User is formed upon the successful installation of the App and acceptance of these Terms.

3.2 For Premium features, the contract is formed upon successful completion of the in-app purchase through the respective app store (Apple App Store or Google Play Store).

4. Subscription and Payments

4.1 The App offers subscription-based access to premium features and content through two subscription tiers:

Premium Subscription:

  • Monthly subscription (billed monthly)
  • Annual subscription (billed annually)

Pro Subscription:

  • Monthly subscription (billed monthly)
  • Annual subscription (billed annually)

4.2 Subscription prices range from EUR/USD 11.99 to EUR/USD 170.00, depending on the selected subscription tier and billing period.

4.3 All purchases are processed through the Apple App Store or Google Play Store. Users will be charged according to their chosen subscription plan:

  • Monthly subscriptions are billed every month
  • Annual subscriptions are billed once per year

4.4 All subscriptions automatically renew unless canceled at least 24 hours before the end of the current period. The renewal charge will be the same as the original subscription price unless otherwise notified.

4.5 Users can manage and cancel their subscriptions through their respective app store account settings:

  • iOS: Settings → Apple ID → Subscriptions
  • Android: Google Play Store → Subscriptions

5. User Rights and Restrictions

5.1 The Licensor grants Users a limited, non-exclusive, non-transferable license to use the App and its content for personal, non-commercial purposes.

5.2 Users may not:

  • Modify, decode, or reverse engineer the App
  • Copy or distribute any content from the App
  • Use the App for any illegal or unauthorized purpose
  • Transfer their account or subscription to any third party

5.3 User Generated Content

5.3.1 "User Generated Content" means any content, including but not limited to stories, texts, prompts, or other materials that Users create, modify, or submit through the App.

5.3.2 By submitting, creating, or modifying any content through the App, Users hereby:

  • Assign all worldwide intellectual property rights in such content to the Licensor
  • Waive any moral rights or similar rights they may have in such content
  • Acknowledge that the Licensor becomes the sole and exclusive owner of all such content
  • Agree that the Licensor may use, modify, adapt, or distribute such content in any way without compensation or attribution

5.3.3 Users warrant that any content they create or submit through the App:

  • Is their original creation or they have the right to assign it
  • Does not infringe any third-party rights
  • Complies with all applicable laws and these Terms

5.3.4 The Licensor reserves the right to:

  • Use any User Generated Content for any purpose
  • Modify or adapt User Generated Content
  • Remove any User Generated Content at its sole discretion
  • Refuse to accept or publish any User Generated Content

6. Content and Services

6.1 The Licensor reserves the right to modify, update, or remove content at any time.

6.2 While we strive to provide appropriate content for children, parents are responsible for supervising their children's use of the App.

7. Special Provisions for Minors

7.1 The App is intended for use by children under parental supervision.

7.2 Any purchases or subscriptions must be authorized by a parent or legal guardian.

7.3 Parents or legal guardians who allow their children to use the App are bound by these Terms and are responsible for their children's compliance.

8. Privacy and Data Protection

8.1 Our collection and use of personal data is governed by our Privacy Policy, available at talesyapp.com.

8.2 We are committed to protecting children's privacy and comply with all applicable laws regarding children's data protection.

9. Term and Termination

9.1 These Terms remain effective until terminated by either party.

9.2 Users may terminate their use of the App at any time by uninstalling the App and canceling any active subscriptions.

9.3 The Licensor may terminate or suspend access to the App immediately if a User violates these Terms.

10. Liability

10.1 The Licensor provides the App "as is" and does not guarantee uninterrupted or error-free operation.

10.2 To the maximum extent permitted by law, the Licensor's liability shall be limited to cases of intentional misconduct or gross negligence.

11. Final Provisions

11.1 The Licensor reserves the right to modify these Terms at any time. Users will be notified of any changes.

11.2 These Terms are governed by the laws of the Federal Republic of Germany.

11.3 If any provision of these Terms is found to be invalid, the remaining provisions shall continue in full force and effect.

Contact Information

For any questions regarding these Terms, please contact:

Email: tim@talesyapp.com

Website: talesyapp.com

Address: Karlowitz Studios, Wilhelmstraße 47, 74074 Heilbronn, Germany

Last updated: November 7, 2024