Term
of
use
Last modified July 5, 2024
BINDING CONTRACTUAL TERMS
By using the iFable.AI website (the “Website”), including all Content (as defined below) available through the Website, the iFable mobile application for customers provided through Apple’s App Store or the Google Play Marketplace (the “App(s)”), or by accessing any associated content such as email feeds, feeds through apps or other related services provided by iFable (collectively the “Service”), the person or entity downloading or using the Service (“You”) signify (a) that You have read and understood these Terms of Use (“TOU”) (which include the Privacy Policy); and (b) that these TOU have the same force and effect as a signed agreement. The Service is provided by IFABLE AI PTE. LTD., a company registered in Singapore (“iFable” or “We”). iFable has a principal place of business at 60 PAYA LEBAR ROAD #12-03 PAYA LEBAR SQUARE SINGAPORE (409051).
The Service allows people to create own story or play story created by other users and interative storytelling using it's own way, using a generative artificial intelligence (AI) chat functionality with text and images. The basic Service is free to use for customers, and energys can be purchased for full use as described on our website and mobile apps. iFable offers in-app purchases to enhance your experience using the Service.
You affirm that You are more than 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, warranties, and indemnification set forth in these TOU, and to abide by and comply with these TOU. In addition, You affirm that You have not been previously suspended or removed from the Service.
ATTENTION: PLEASE READ THESE TOU, OUR PRIVACY POLICY, AND OUR COMMUNITY GUIDELINES CAREFULLY BEFORE USING THE SERVICE. DOWNLOADING OR ACCESSING ANY PART OF THE SERVICE INDICATES THAT YOU ACCEPT AND AGREE TO BE BOUND BY THE TOU AND CONSENT TO THE PRIVACY POLICY IN FULL. IF YOU DO NOT ACCEPT THESE TOU AND PRIVACY POLICY, DO NOT USE THE WEBSITE AND DO NOT USE AND DELETE ANY DOWNLOADED APPLICATIONS AND MATERIALS IMMEDIATELY.
We reserve the right to modify or discontinue the Service (or any portion of the Service), temporarily or permanently, with or without notice to You, and are not obligated to support or update the Service. YOU AGREE THAT iFABLE WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY IN THE EVENT THAT WE EXERCISE OUR RIGHT TO MODIFY OR DISCONTINUE THE SERVICE (OR ANY PORTION OF THE SERVICE). Unless explicitly stated otherwise, any new features that augment or enhance the current Service will be subject to these TOU.
We may change these TOU at any time. Please review the TOU each time You visit the Service. BY USING THE SERVICE, YOU AGREE TO BE BOUND BY THE MOST RECENT VERSION OF THE TOU. If we materially change these TOU, we will let You know by showing them to You again when You access the Service and sending an email notifying You of the changes to the email address We have on file for You. If we do not have Your email address, We will update this page to reflect any changes to the TOU.
These TOU include a disclaimer of warranties, a disclaimer of liability, as well as a release and indemnification by You, and a class action waiver in Sections 1, 3, 4, 8, 11, 14-17, 20, and in the Apple and Google required terms at the end. Please review those sections (and all of the other terms) carefully.
PRIVACY POLICY
Our Privacy Policy describes the information iFable collects when You and others use the Service. It also describes how iFable uses and shares any personal information You share with it. Our Privacy Policy is part of these TOU. By agreeing to these TOU, You are also consenting to our collection, use, and sharing of Your personal information in accordance with our Privacy Policy. Please click here to review our Privacy Policy.
LINKS TO AND FROM THE SERVICE
The Service may contain links to third-party websites and online services (such as apps and social media sites) that are not owned or controlled by iFable. iFable has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or online services, and You access and use these websites or online services solely at Your own risk. These links are provided for Your reference and convenience only, and do not necessarily imply any endorsement, sponsorship or recommendation of the material on these third-party websites or online services or any association with their operators. In addition, iFable will not and cannot control or edit the content of any third-party website or online service. BY USING THE SERVICE, YOU EXPRESSLY RELEASE IFABLE, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, LICENSORS, LICENSEES, AND SUPPLIERS (COLLECTIVELY “THE IFABLE PARTIES”), APPLE, AND GOOGLE FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY WEBSITE OR ONLINE SERVICE AND FROM ANY LOSS OR DAMAGE OF ANY SORT YOU MAY INCUR FROM DEALING WITH ANY THIRD PARTY. Accordingly, we encourage You to be aware when You leave the Service and to read the terms and conditions of use for each other website or online service that You visit.
Except as You have otherwise agreed with iFable in writing, You may link to the Website from Your website, subject to the following: (1) You may not frame the Website or any portion of the Website; (2) You will not override or hinder the functionality of an end-user’s Web browser’s “back” function; (3) the link must be identified using a plain text rendering of the iFable name and not any iFable logo; (4) You may not use any iFable logos in any way; (5) You may not use the link in any way that suggests that iFable is associated with or endorses You or Your website; (6) the link may not appear on any website that a reasonable person may consider obscene, defamatory, harassing, offensive or malicious, and may not be presented in any way that disparages iFable or damages its rights, reputation, or goodwill; and (7) We may terminate Your right to link to the Website at any time for any reason or no reason.
USER SUBMISSIONS
You and other users may submit feedback, notes, text, graphics, photos, videos, material, information, comments, messages, ideas, concepts, know-how, techniques, or other communications You transmit, upload, or post to the Service (“User Submissions”) and the Service may permit the hosting, sharing, and/or publishing of such User Submissions. For instance, users can post text, photos, and images. iFable welcomes Your comments and suggestions. However, except for any personal information We may collect from You pursuant to Our Privacy Policy, User Submissions will be considered non-confidential and non-proprietary. You understand that whether or not such User Submissions are published or posted, iFable (1) does not guarantee any confidentiality with respect to any User Submissions, (2) does not pay any compensation for User Submissions, and (3) is under no obligation to respond to or post any User Submissions.
You shall be solely responsible for Your own User Submissions and the consequences of posting or publishing them. iFable does not claim ownership of any of Your User Submissions. However, by submitting the User Submissions to iFable, You hereby grant iFable and its successors, assigns, and affiliates a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable (through multiple tiers) and transferable license to use, reproduce, distribute, prepare derivative works of, display, publish, broadcast, perform, make, use, import, offer to sell, sell, and otherwise transfer and exploit all copyrights, inventions, and other intellectual property rights in the User Submissions in connection with the Service and iFable’s (and its successors’, assigns’, and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any form and media formats and through any media channels. You also hereby grant each user of the Service a worldwide, non-exclusive, royalty-free license to access Your User Submissions through the Service, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Service and under these TOU. You also agree that immediately upon the creation by or on behalf of iFable, its affiliates, successors, or assigns, of any derivative works from, modifications, edits, or other changes to the User Submissions (the “Modified Content”), the Modified Content will become the sole and exclusive property of iFable, and that We will own the entire right, title, and interest in and to the Modified Content, including the right to secure copyright registration for the Modified Content and to otherwise use the Modified Content for any purpose as determined by iFable in its sole discretion. You hereby grant, assign, transfer, and convey any and all right, title, or interest You have or may be deemed to have in and to the Modified Content to iFable.
In connection with User Submissions, You represent and warrant that You will not: (1) transmit, submit, or post material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless You are the owner of such rights or have permission from their rightful owner to transmit, submit, or post the material and to grant iFable all of the license rights granted herein; (2) publish falsehoods or misrepresentations that could damage iFable or any third party; (3) transmit, submit, or post material that involves gambling, gaming, sweepstakes, and/or any other activity with an entry fee and a prize, or (4) transmit, submit, or post material that is NSFW, pornographic, or otherwise sexually explicit. In addition, You agree to pay for all royalties, fees, and other payments owed to any party by reason of Your transmitting, posting or submitting User Submissions. IFABLE does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and the IFABLE parties, APPLE, AND GOOGLE expressly disclaim any and all liability in connection with User Submissions. iFable does not permit copyright infringing activities, infringement of rights of publicity, or infringement of other intellectual property rights on its Service, and iFable will remove all Content (including User Submissions) if properly notified that such Content or User Submission infringes on another’s rights (see Section 9 below). iFable will not necessarily monitor User Submissions. However, iFable reserves the right to monitor, alter, edit, or remove Content (including User Submissions) and block users without prior notice and for any reason. iFable also reserves sole discretion to decide whether any Content (including a User Submission) is appropriate and complies with these TOU.
You understand that when using the Service, You will be exposed to User Submissions from a variety of sources, and that iFable is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that You may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST THE IFABLE PARTIES, APPLE, AND GOOGLE WITH RESPECT THERETO, AND AGREE TO INDEMNIFY AND HOLD THE IFABLE PARTIES, APPLE, AND GOOGLE, HARMLESS TO THE FULLEST EXTENT ALLOWED BY LAW REGARDING ALL MATTERS RELATED TO YOUR USE OF THE SERVICE.
USERS WHO VIOLATE TERMS OF USE OR COMMUNITY GUIDELINES
iFable may, at its sole discretion, disable, partially disable, or terminate the accounts of any users who violate these TOU or the Community Guidelines, including, but not limited to, the accounts of (1) users who submit User Submissions that infringe copyrights, trademarks, rights of publicity, or other intellectual property rights, especially if they do so repeatedly, (2) users who fail to pay applicable fees for use of the Service, (3) users who provide false or inaccurate information; (4) users who breach these TOU including any warranties; (5) users who violate our policies on adult nudity and sexual activity or any other Community Guideline; and (6) users who misuse or challenge iFable’s rights in the Content.
RESTRICTIONS ON USE OF THE SERVICE
In Your use of the Service, You will comply with iFable’s Community Guidelines. In Your use of the Service, You will not:
use the Service for any purpose other than for using the features we intentionally make available to You;
copy, download or distribute any part of the Service (except for the text from your own chats with characters you created) in any form or medium without the prior written authorization of iFable;
alter, modify or make derivative works from any part of the Service without the prior written authorization of iFable;
resell or attempt to license, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party, all or any part of the rights granted to You under these TOU, the Service or any Content, in whole or in part;
modify, copy, distribute, download, scrape, use to train software or artificial intelligence, or transmit in any form or by any means any Content from the Service other than Your content which You legally post on, through or in connection with the Service and other than the text from your own chats with characters you created;
provide false personal information or create an account for anyone other than Yourself without permission;
show another person in an image without their permission;
create another account without our permission, if we have disabled Your account;
share Your password, let anyone else access Your account, or do anything else that might jeopardize the security of Your account;
assign or transfer Your account or login information to anyone;
use web crawlers, web robots, web scutters, ants, automatic indexers, bots, worms, and other such devices in connection with the Service; provided, however, that general purpose Internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Service are granted a limited exception from the foregoing exclusion, provided that they do so from a stable IP address or range of IP addresses using an easily-identifiable agent;
post, transmit or submit any confidential (including social security or alternate national identity numbers, non-public phone numbers or non-public email addresses), false, misleading, unlawful, infringing, threatening, abusive, harassing, libelous, defamatory, discriminatory, obscene, inflammatory, scandalous, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate the law;
upload, download, post, email or otherwise transmit any material that may infringe copyright, patent, trademark, trade secret, or other intellectual property or proprietary rights of any party;
use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party’s use of the Service;
obtain or attempt to obtain any content through any means not intentionally made available or provided for through the Service;
facilitate gambling, gaming, raffles, lotteries, sweepstakes, and/or any other activity featuring the award of a prize;
impersonate or misrepresent any person or entity or Your affiliation with someone else;
collect personal information of other users;
harvest information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications;
remove, modify, disable, block, obscure or otherwise impair any advertising in connection with the Service;
solicit other users to join, become members of, or contribute money to any online service or organization other than iFable;
post or transmit any worms, viruses, Trojans, or other harmful, disruptive, or destructive files, code, or programs to the Service;
upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
stalk, bully, or otherwise harass any person or entity; or
harm minors in any way.
iFable will fully cooperate with any law enforcement authorities or court order requesting or directing iFable to disclose the identity of anyone violating these TOU.
iFable believes in children’s online safety and does not wish to receive information regarding children under 18 years old. Therefore, You may not post or submit any personal information of a child under 18 years old or information sufficient to locate such a child on or through the Service. If You are under 18 years of age, then please do not attempt to submit any information to or use the Service.
INTELLECTUAL PROPERTY
Everything You see, hear, or otherwise experience on the Service, including but not limited to the graphics, videos, audio recordings, text, software, photographs, scripts, software screens, design elements, artwork, templates, layout designs, interactive features and the like, the concepts and ideas underlying the Service, and all statistical, analytical, and other data captured by or through the Service (collectively, “Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to iFable, subject to copyright and other intellectual property rights under United States and international laws and conventions. iFable owns the copyright in the selection, coordination, arrangement and enhancement of the Content. Any unauthorized use of any materials on the Service or use of the Marks may violate copyright, trademark, and other laws. IFABLE and the IFABLE logo are trademarks of iFable.
For Your personal use, You may view, copy, and print pages from the Service. Otherwise, the Service may not be copied, downloaded, modified, reproduced, distributed, published, performed, streamed, transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. iFable reserves all rights not expressly granted in and to the Service, the Content, and the Marks. You agree not to use, copy, download, or distribute any of the Content other than as expressly permitted herein, including any use, copying, downloading, making derivative works from, or distribution of User Submissions of third parties obtained through the Service for any commercial purposes. You may not incorporate the Content (except for the text from chats you have with characters you created on iFable) into, or stream or transmit the Content via any hardware or software application or make it available via frames or in-line links unless expressly permitted by iFable in writing. You may not create, recreate, advertise or distribute an index of a significant portion of the Content unless authorized in writing by iFable. You may not build a business using the Content, whether or not for profit. If You copy, screenshot, download, or print pages of the Content for personal use, You must retain all copyright and other proprietary notices contained therein.