Terms of Service

1. Acceptance of Terms and Eligibility

By accessing and using StoryMagic ("Service", "we", "us", or "our"), you accept and agree to be bound by these Terms of Service. These Terms apply to all users of our Service, whether you are a registered member, free trial user, or casual visitor.

By using this Service, you represent and warrant that you are at least 18 years old or of legal age in your jurisdiction to form a binding contract. If you are accessing this Service on behalf of someone else or a company, you represent that you have the authority to bind that person or company to these Terms.

2. Description of Service

StoryMagic provides a subscription-based service that generates personalized children's stories using artificial intelligence technology powered by Claude AI (Anthropic). Parents and guardians use our Service to create customized stories featuring their children. We offer three subscription tiers:

• Digital Plan (£19/month): One monthly personalized digital story (PDF) delivered via email, accessible through your dashboard
• Printed Plan (£29/month): All Digital Plan benefits plus a hardcover printed book delivered to your UK address within 5-7 business days
• Ultimate Plan (£49/month): All Printed Plan benefits plus two additional mini-stories monthly and priority customer support

Story generation typically occurs within 24 hours of your request. The exact timing may vary based on system demand, but we will notify you when your story is ready.

3. Subscription Terms and Billing

3.1 Subscription and Renewal

Subscriptions are billed monthly in advance on a recurring basis. Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date. You will be charged the full subscription fee for your chosen plan on the same day each month (your billing anniversary).

If your billing anniversary falls on the 31st of a month and that month does not have 31 days, your subscription will renew on the last day of that month.

3.2 Payment Processing

You agree to pay all fees and charges associated with your chosen subscription plan. Payment is processed securely through Stripe, our third-party payment processor. We accept all major credit and debit cards (Visa, Mastercard, American Express). You are responsible for maintaining the accuracy and confidentiality of your payment method information.

All prices are displayed in British pounds (£) including applicable VAT. We reserve the right to change pricing with 30 days' notice to existing subscribers. Price changes will take effect at the start of your next billing period.

3.3 Cancellation

You may cancel your subscription at any time through your account dashboard in the Settings section. Cancellations take effect at the end of your current billing period. You will not be charged for the next billing cycle once you have cancelled.

We do not provide refunds or credits for partial months. If you cancel during a billing period, you retain access to the Service until the end of that period. For information about refunds, please see our Refund Policy.

3.4 Dunning and Failed Payments

If your payment method fails or is declined, we will attempt to charge it again. We use industry-standard payment retry logic to handle failed transactions. If your payment fails, we will send you email notifications informing you of the problem and requesting that you update your payment method.

After 3 failed payment attempts over a 10-day period, your subscription will be suspended. Your account and data will be retained for 30 days, during which you can reactivate your subscription by updating your payment method. After 30 days, your account may be permanently closed and your data deleted in accordance with our Privacy Policy.

4. Content Ownership and Intellectual Property Rights

4.1 Story Ownership and License Grant

All stories generated by StoryMagic using your child's profile information are created for your personal, non-commercial use only. You own the right to use the stories generated for you, and you may:

• Read the stories privately to your child and family members
• Download and save digital copies for personal use
• Print digital copies for personal, non-commercial use
• Share the stories with close family members and friends for non-commercial purposes

You may NOT reproduce, distribute, sell, publish, broadcast, or otherwise commercially exploit the stories without explicit written permission from StoryMagic. This includes uploading stories to websites, social media, or any platform intended for public distribution, except in limited personal contexts where the sharing is clearly between family members.

4.2 Child Profile Information License

By providing information about your child (name, age, interests, hobbies, family details, etc.), you grant StoryMagic a non-exclusive, royalty-free license to use this information solely for the purpose of generating personalized stories for you. This information will not be used for any other purpose without your explicit consent.

4.3 StoryMagic Intellectual Property

All content on the StoryMagic website and service, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, digital downloads, software, and the overall compilation and "look and feel" of the Service, is the exclusive property of StoryMagic or its content suppliers and is protected by copyright and other intellectual property laws.

You may not use, reproduce, modify, distribute, display, or transmit any of this content without prior written permission from StoryMagic, except as expressly permitted by these Terms.

5. AI-Generated Content and Quality

Stories are generated using artificial intelligence (Claude 3.5 Sonnet by Anthropic). While we employ quality control measures and review processes to ensure stories are age-appropriate, educational, and of high quality, we cannot guarantee that every story will be perfect, error-free, or exactly as expected.

We strive to deliver high-quality, engaging, age-appropriate content that celebrates your child and encourages imagination. However, AI-generated content may occasionally contain imperfections, unexpected phrasing, or minor grammatical variations. We are continuously improving our systems and welcome feedback about story quality.

If you are not satisfied with a generated story, please contact us at hello@storymagic.design. Depending on the circumstances, we may offer to regenerate the story at no additional cost or provide a credit to your account.

6. Printed Books and Shipping

6.1 Shipping and Delivery

For Printed and Ultimate subscription plans, physical hardcover books are printed and shipped to the address you provide during account setup. Delivery typically occurs within 5-7 business days within the United Kingdom. Some locations may require additional time.

We are not responsible for delays caused by Royal Mail, other postal services, incorrect addresses provided by you, or circumstances beyond our reasonable control (including weather, natural disasters, or strikes).

6.2 Shipping Address

You are responsible for maintaining an accurate shipping address in your account settings. If books are returned to us due to an incorrect or outdated address, we will contact you. You will be responsible for paying any additional shipping costs if you wish to reship the book to a corrected address.

6.3 Damaged Books

If your printed book arrives damaged, please contact us immediately with photos of the damage. We will investigate and provide a replacement book at no additional charge within 10 business days.

7. User Conduct and Prohibited Activities

You agree to use the Service only for lawful purposes and in a way that does not infringe the rights of others or restrict their use and enjoyment of the Service. Prohibited behavior includes:

• Harassment, threats, defamation, or offensive conduct toward other users or StoryMagic staff
• Using the Service for any illegal purpose or in violation of any applicable law or regulation
• Attempting to gain unauthorized access, hacking, or reverse-engineering any aspect of the Service
• Using automated systems, bots, or scripts to access the Service or generate excessive requests
• Sharing your account credentials with others or allowing others to use your account
• Uploading, transmitting, or otherwise creating stories, child profiles, or content that is harmful, offensive, illegal, or inappropriate
• Attempting to circumvent security measures, payment systems, or access controls
• Creating multiple accounts to avoid billing, gain unfair advantages, or violate these Terms
• Scraping, copying, or mass-downloading content from the Service
• Using the Service in any way that compromises the security or integrity of the system

8. Child Safety and Parental Responsibility

StoryMagic is designed for use by parents and guardians on behalf of children. Parents and guardians are responsible for:

• Ensuring that all information provided about their child is accurate and age-appropriate
• Supervising their child's use of generated stories and ensuring age-appropriateness
• Not providing personal information that could compromise their child's safety or privacy
• Complying with all applicable laws regarding children's privacy, including COPPA and UK GDPR
• Reporting any inappropriate content or safety concerns to us immediately

While we implement safeguards to protect children's information, parents retain ultimate responsibility for their child's safety and privacy online.

9. Limitation of Liability and Disclaimers

9.1 "As Is" Disclaimer

The Service is provided "as is" and "as available" without warranties of any kind, either express or implied. To the fullest extent permitted by law, StoryMagic disclaims all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, title, and warranties arising from a course of dealing or usage of trade.

9.2 Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall StoryMagic be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses arising from:

• Your use of or inability to use the Service
• The cost of procurement of substitute goods and services
• Unauthorized access to or alteration of your transmissions or data
• Statements or conduct of any third party on the Service
• Any other matter relating to the Service

Our total cumulative liability to you for any and all claims arising from or relating to these Terms or the Service shall not exceed the amount you paid to StoryMagic in the 12 months immediately preceding the claim, or £100, whichever is greater.

9.3 Availability

We do not guarantee that the Service will be uninterrupted, error-free, or free from viruses or other harmful code. We are not liable for any downtime, service interruptions, or technical issues, except where required by applicable consumer protection laws.

10. Indemnification

You agree to defend, indemnify, and hold harmless StoryMagic and its officers, directors, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

• Your use of the Service
• Your violation of these Terms
• Your violation of any applicable law or regulation
• Your infringement of any third-party intellectual property or privacy rights
• Any content you submit or generate through the Service
• Your negligence or willful misconduct

11. Privacy and Data Protection

Your use of the Service is also governed by our Privacy Policy. Please review it carefully to understand our data collection, usage, and protection practices. By using the Service, you consent to our collection and use of information as described in the Privacy Policy.

Given the sensitive nature of children's data, we implement enhanced security measures and comply with applicable data protection laws including the UK GDPR and COPPA.

12. Third-Party Links and Services

The Service may contain links to third-party websites and services that are not operated by StoryMagic. These Terms do not apply to third-party services, and we are not responsible for their content, practices, or policies. Your use of third-party services is governed by their respective terms and privacy policies. We encourage you to review their terms before using their services.

13. Modifications to Terms and Service

We reserve the right to modify these Terms of Service at any time. Material changes will be communicated to you via email at least 30 days before they take effect. Your continued use of the Service after such changes constitutes acceptance of the modified terms.

We also reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice. We will not be liable if we exercise these rights, except where required by applicable consumer protection laws.

14. Account Termination

We reserve the right to suspend or terminate your account and your access to the Service immediately and without prior notice if:

• You violate any provision of these Terms
• Your conduct violates applicable laws or regulations
• You engage in behavior harmful to other users or StoryMagic
• We believe termination is necessary to protect the Service, other users, or legal compliance
• Payment processing fails and cannot be restored after 30 days

Upon account termination, your access to the Service will be revoked, and your account data will be handled in accordance with our Privacy Policy. You remain responsible for any charges incurred prior to termination.

15. Refunds and Money-Back Guarantee

StoryMagic offers a 30-day money-back guarantee for new subscribers. For complete details about our refund policy, conditions, and how to request a refund, please see our Refund Policy.

16. Dispute Resolution and Governing Law

16.1 Governing Law

These Terms of Service are governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

16.2 Dispute Resolution

Any dispute arising from or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of England and Wales. Both parties agree to submit to the jurisdiction of these courts and waive any objections on the grounds of forum non conveniens or any similar doctrine.

Before initiating legal proceedings, we encourage you to contact us to attempt to resolve the dispute amicably. Please email hello@storymagic.design with details of your dispute.

17. Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if that is not possible, it shall be severed. The remaining provisions shall continue in full force and effect.

18. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other policies or terms we post on the Service, constitute the entire agreement between you and StoryMagic regarding the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, whether written or oral.

19. Contact Information

If you have any questions about these Terms of Service, our practices, or concerns about the Service, please contact us: