These General Terms and Conditions (hereinafter "T&Cs") apply to all contracts that are concluded via the online application & app "LilMe Tales" between the operator of the application (hereinafter "provider") and private individuals (hereinafter "customer" or "user"). Companies are excluded from using the application.
These T&Cs apply exclusively. Contrary or deviating conditions of the customer will not be recognized unless the provider has expressly agreed to their validity in writing.
These T&Cs also apply to all future business with the customer, provided they are legal transactions of a similar nature.
Subject of the contract
The subject of the contract is the provision of the online application "LilMe Tales". The application allows customers to create and read interactive stories for children generated by artificial intelligence (AI). The generated stories are created and stored on the application. The AI generates the stories based on the user's details, including name, gender, and theme. The user has the option to further develop the story interactively by choosing one option (e.g. 1 or 2).
As an introductory offer, each customer will receive one free short story. Thereafter, customers can either subscribe to receive monthly story credit or purchase story credit individually. The prices for stories are set out in Section 6 (Prices and Payment Terms) and the conditions for their use in Section 7 (Use of Story Credit).
The contract can be concluded in German or English. Other languages are not supported at the start of the offer.
Conclusion of the contract
In order to be able to use the functions of "LilMe Tales", the user must first register on the provider's website for free. This registration is also possible anonymously via the app. By submitting the registration form, the user makes an offer to conclude a user contract. The provider confirms the registration by email, whereby the user contract is concluded.
After successful registration, the user has the option of concluding a paid subscription in order to receive monthly story credit, or to purchase story credit individually. The paid subscription or the purchase of story credit is concluded when the user accepts the corresponding offer from the provider by clicking the button "Subscribe" or "Buy Credit" or a similar button and providing the payment information.
The provider reserves the right to reject the user's contract offer in individual cases.
Services
The provider provides the user with the online application "LilMe Tales". Within the framework of the application's use, users can create and read AI-generated stories.
The provider is entitled to change, restrict, discontinue or suspend the operation of the application or parts of it at any time. The provider does not guarantee that the application will always be available and error-free.
Prices and payment conditions
The prices for subscriptions and individual story credit are stated on the provider's website.
The payment of the monthly subscription fee or the fee for individual story credit is due immediately upon conclusion of the contract and is collected by the provider from the user's specified payment method.
The user has to bear all fees and/or costs incurred in connection with the payment method chosen by him.
Use of Story Credit
Story credit can be acquired by subscribing or buying individually. Story credit enables the user to create new stories.
An acquired story credit can be used by the user at any time during the subscription term or within one year from the purchase date in the case of individual purchases.
Unused story credit expires at the end of the subscription term or one year after the purchase date in the case of individual purchases.
Contract Duration and Termination
The usage contract is concluded for an indefinite period and can be terminated by either party at any time without giving any reasons.
The subscription is concluded for the term stated on the provider's website and automatically extends by the same term if it is not terminated at least two weeks before the end of the term.
The termination of the subscription does not affect the already acquired story credits. These can still be used by the user as long as they have not expired.
The termination of the usage contract leads to the deletion of the user account and all data stored on it.
Return of Story Credit
A return of already used story credit is excluded.
A return or refund of unused story credit is possible within 14 days of purchase, provided the story credit has not already been used. After this period, a return or refund is excluded.
Expiration of Story Credit
The expiration of the credit occurs independently of the contract duration of the paid subscription. The customer has the responsibility to use the acquired credits within the validity period of one month.
The provider informs the customer in good time before the expiration of the credit to give the customer the opportunity to use the remaining credits in time. However, it is the responsibility of the customer to pay attention to the deadlines and to use the credits in time.
Copyright and Usage Rights
All copyrights and other rights to the stories generated on "LilMe Tales" belong to the provider. The user receives a simple, non-transferable right of use for the generated stories for personal use. This right of use is limited in time to the duration of the user contract.
The passing on of the generated stories to third parties, especially their publication or commercial use, is not permitted without the prior written consent of the provider.
The editing of the generated stories, including any changes or the combination with other works, is not permitted.
Account Creation and Violation of T&C
Each user may only create one account. The repeated creation of accounts and thus the abusive use of free story credits is not permitted.
In the event of violations of these T&Cs, the provider reserves the right to exclude the user from using the application. Decisions about such measures are at the sole discretion of the provider and are made to the best of judgment.
Liability
Phan & Gruschka GbR is liable in accordance with statutory provisions for intent and gross negligence. In the case of slight negligence, Phan & Gruschka GbR is only liable in the event of a breach of a material contractual obligation (cardinal obligation) and limited to the foreseeable, contract-typical damage.
Liability for indirect damages and loss of profit is excluded in cases of slight negligence.
The liability limitations do not apply in case of injury to life, body, and health, for claims under the Product Liability Act and in case of taking over a quality guarantee.
Phan & Gruschka GbR assumes no liability for the content of the stories generated by the AI. These stories are generated automatically and without human intervention. Users are advised that the generated stories are random and Phan & Gruschka GbR has no influence on the specific content.
The use of the service by minors should take place under the supervision of adults. Phan & Gruschka GbR recommends that only users over the age of 13 should use the service.
Data Protection
Phan & Gruschka GbR commits to comply with the data protection regulations and to collect, process, and use the personal data of the users only within the framework of legal regulations.
Further information on the collection, processing, and use of personal data can be found in the privacy policy, which is available on the provider's website.
Final Provisions
German law applies to contracts between the provider and the customer, excluding the UN Sales Law. Unaffected by this choice of law are the mandatory consumer protection regulations of the country where the customer has his usual residence.
The place of jurisdiction for all disputes arising from the contractual relationships between the customer and the provider is the provider's place of business if the customer is a merchant, a legal entity under public law, or a special fund under public law.