Terms of Service for Plushy Stories

Last Updated: May 2, 2025

1. Introduction

Welcome to Plushy Stories. These Terms of Service ("Terms") govern your access to and use of the Plushy Stories mobile application ("App"), including any content, functionality, and services offered through the App.

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

2. Definitions

  • "App" refers to the Plushy Stories mobile application.
  • "Content" refers to all text, images, audio, video, or other material that appears on or is available through the App.
  • "User Content" refers to any content, including photographs of plush toys, that you upload, submit, or otherwise make available to the App.
  • "Generated Content" refers to stories, illustrations, and other materials created by our AI technology based on your User Content.
  • "Service" refers to all services provided through the App.
  • "User", "you", and "your" refer to the person accessing or using the App.
  • "We", "us", and "our" refer to the company operating Plushy Stories.

3. Account Registration and Eligibility

3.1 Account Creation

To use certain features of the App, you may need to create an account. When you create an account, you must provide accurate and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

3.2 Age Restrictions

The App is intended for use by parents and their children. If you are under the age of 18, you may only use the App with the involvement and consent of a parent or legal guardian. If you are a parent or legal guardian allowing a child to use the App, you agree to supervise their use and to accept responsibility for their actions.

4. License and App Usage

4.1 License Grant

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App for your personal, non-commercial use.

4.2 Restrictions

You agree not to:

  • Use the App in any way that violates applicable laws or regulations
  • Use the App to infringe the intellectual property rights of others
  • Attempt to gain unauthorized access to any part of the App or its systems
  • Use the App to transmit any viruses, malware, or other harmful code
  • Interfere with or disrupt the integrity or performance of the App
  • Use automated means, including bots or scrapers, to access or use the App
  • Reverse engineer, decompile, or disassemble the App
  • Use the App to generate inappropriate or offensive content

5. Subscription and Payment Terms

5.1 Free and Premium Features

The App offers both free and premium features. Free features may be limited in functionality or quantity compared to premium features.

5.2 Subscription Terms

If you choose to subscribe to premium features:

  • Subscriptions are billed in advance on a recurring basis
  • Subscription periods may be monthly, annual, or as otherwise specified at the time of purchase
  • Subscriptions automatically renew unless canceled at least 24 hours before the end of the current period
  • You can manage and cancel your subscription through your device's app store account settings

5.3 Refunds

Refund policies are governed by the app store from which you downloaded the App. We do not process refunds directly.

6. User Content and Generated Content

6.1 User Content License

When you upload User Content to the App, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, and display such User Content for the purpose of providing and improving the Service, including generating stories and illustrations based on your uploaded images.

6.2 Ownership of Generated Content

The Generated Content created by our AI technology based on your User Content is provided to you for your personal use. You may not commercially exploit, reproduce, distribute, or create derivative works from the Generated Content except as permitted by these Terms or applicable law.

6.3 Content Restrictions

You agree not to upload User Content that:

  • Infringes on the intellectual property rights of others
  • Contains personal information of others without their consent
  • Is illegal, obscene, defamatory, threatening, or otherwise harmful
  • Contains malware, viruses, or other harmful code

We reserve the right to remove any User Content that violates these Terms.

7. Intellectual Property Rights

7.1 Our Intellectual Property

The App, including its content, features, and functionality, is owned by us or our licensors and is protected by copyright, trademark, patent, and other intellectual property laws. These Terms do not grant you any right, title, or interest in the App or our intellectual property.

7.2 Feedback

If you provide us with feedback, suggestions, or ideas regarding the App, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such feedback into our products and services without compensation to you.

8. Privacy

Your privacy is important to us. Our Privacy Policy, which is incorporated into these Terms by reference, explains how we collect, use, and disclose information about you. By using the App, you consent to the processing of your information as described in our Privacy Policy.

9. Disclaimers

9.1 "As Is" and "As Available"

THE APP 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, AND NON-INFRINGEMENT.

9.2 No Guarantees

We do not guarantee that:

  • The App will always be available or error-free
  • The results obtained from using the App will be accurate or reliable
  • The quality of any products, services, information, or other material purchased or obtained through the App will meet your expectations

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

  • YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE APP
  • ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE APP
  • ANY CONTENT OBTAINED FROM THE APP
  • UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID TO US FOR THE APP IN THE PAST 12 MONTHS.

11. Indemnification

You agree to defend, indemnify, and hold us harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney fees and costs, arising out of or in any way connected with your access to or use of the App or your violation of these Terms.

12. Termination

12.1 Termination by You

You may terminate your account at any time by contacting us or by deleting the App from your device.

12.2 Termination by Us

We may terminate or suspend your account and access to the App immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms.

12.3 Effect of Termination

Upon termination, your right to use the App will immediately cease. The following sections will survive termination: Intellectual Property Rights, Disclaimers, Limitation of Liability, Indemnification, and any other provision that by its nature should survive termination.

13. Changes to Terms

We may modify these Terms at any time. We will provide notice of changes by updating the "Last Updated" date at the top of these Terms. Your continued use of the App after such changes constitutes your acceptance of the new Terms.

14. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of Germany, without regard to its conflict of law provisions.

Any dispute arising from or relating to these Terms or the App shall be resolved exclusively through binding arbitration in accordance with the rules of the German Arbitration Institute (DIS) in Germany. The arbitration shall be conducted in English, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

15. Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

16. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding your use of the App and supersede any prior agreements between you and us relating to the App.

17. Contact Information

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

Email: plushystoriesapp@gmail.com
Contact Person: Christopher Arm