Terms of Use and Data Policy
LICENSED APPLICATION END USER LICENSE AGREEMENT
Apps made available through the App Store are licensed, not sold, to you. Your license to each App is subject to your prior acceptance of either this Licensed Application End User License Agreement (“Standard EULA”), or a custom end user license agreement between you and the Application Provider (“Custom EULA”), if one is provided. Your license to any Apple App under this Standard EULA or Custom EULA is granted by Apple, and your license to any Third Party App under this Standard EULA or Custom EULA is granted by the Application Provider of that Third Party App. Any App that is subject to this Standard EULA is referred to herein as the “Licensed Application.” The Application Provider or Apple as applicable (“Licensor”) reserves all rights in and to the Licensed Application not expressly granted to you under this Standard EULA.
a. Scope of License: Licensor grants to you a nontransferable license to use the Licensed Application on any Apple-branded products that you own or control and as permitted by the Usage Rules. The terms of this Standard EULA will govern any content, materials, or services accessible from or purchased within the Licensed Application as well as upgrades provided by Licensor that replace or supplement the original Licensed Application, unless such upgrade is accompanied by a Custom EULA. Except as provided in the Usage Rules, you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense the Licensed Application and, if you sell your Apple Device to a third party, you must remove the Licensed Application from the Apple Device before doing so. You may not copy (except as permitted by this license and the Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed Application).
b. Consent to Use of Data: You agree that Licensor may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed Application. Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
c. Termination. This Standard EULA is effective until terminated by you or Licensor. Your rights under this Standard EULA will terminate automatically if you fail to comply with any of its terms.
d. External Services. The Licensed Application may enable access to Licensor’s and/or third-party services and websites (collectively and individually, "External Services"). You agree to use the External Services at your sole risk. Licensor is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by any Licensed Application or External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by Licensor or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this Standard EULA or that infringes the intellectual property rights of Licensor or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Licensor is not responsible for any such use. External Services may not be available in all languages or in your Home Country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Licensor reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.
e. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
f. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Licensor’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
g. You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
h. The Licensed Application and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
i. Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and Apple shall be governed by the laws of the State of California, excluding its conflicts of law provisions. You and Apple agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California, to resolve any dispute or claim arising from this Agreement. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Service from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs:
If you are a citizen of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.
Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.
Additional Terms and Conditions and Parental Involvement Guidelines
Parental Involvement and AI-generated Content: This application utilizes AI technology to create stories for children. It is important to note that parental involvement is necessary at all times to ensure the content generated by the AI does not include harmful or inappropriate stories or images. The application is designed to assist and enhance storytelling experiences, but the ultimate responsibility lies with the parents or legal guardians to review and approve the generated content before sharing it with children. The licensor shall not be held liable for any content generated by the AI that may be deemed inappropriate or harmful unless it directly results from a breach of security or negligence on the licensor's part.
Buying Subscriptions and Credits:
Subscriptions:
a. You may have the option to purchase subscriptions within the application. The details of available subscription plans, pricing, and duration will be provided to you within the application.
b. Subscriptions are billed through your Apple ID account and are subject to the terms and conditions set by Apple.
c. If you choose to purchase a subscription, you acknowledge and agree that payment will be processed through your Apple ID account and that your subscription will automatically renew unless auto-renewal is turned off at least 24 hours before the end of the current period.
d. Refunds for subscriptions must be requested directly through Apple. If Apple accepts the refund request, the subscription and associated services will be terminated immediately.
Credits:
a. Credits may be available for purchase within the application and can be used to access certain features or content.
b. All credit purchases are final and non-refundable.
c. Credits cannot be transferred to other devices or accounts.
Usage and Device Compatibility:
a. Subscriptions purchased within the application can be used on any of your iCloud devices associated with your Apple ID.
b. However, please note that subscriptions are not part of the Apple Family Sharing scheme and cannot be shared with other users or accounts within the family sharing group.
Prohibited usage, termination, and ownership of content
Prohibited Usage:
You agree not to use the application to request or create any stories or images that contain violent, sexual, explicit, or otherwise inappropriate content. This includes but is not limited to content that may be harmful, offensive, or unsuitable for children. By using the application, you acknowledge and agree that any misuse or violation of this prohibition may result in immediate termination of your account and access to the application. We reserve the right to take appropriate actions, including reporting such misuse to the authorities, if necessary.
Termination:
We reserve the right to terminate or suspend your account and access to the application at any time without prior notice or liability for any reason, including, but not limited to, your violation of these Terms and Conditions or engaging in prohibited usage. Upon termination, your right to use the application will immediately cease, and you must promptly delete the application from your device.
Ownership of Content:
You retain full ownership and intellectual property rights to any stories, images, or other content created by you using the application ("User Content"). By submitting User Content through the application, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, reproduce, distribute, modify, adapt, publicly display, and perform the User Content for the purposes of operating, promoting, and improving the application. This includes the right to use the User Content in our marketing and promotional materials, both online and offline. However, we will not claim ownership of your User Content.
Data Privacy Policy
Data Collection: Once users sign in using their Apple ID, we will securely store their email address or the anonymous address assigned by Apple ID sign-in on a secure server provided by Apple. Additionally, we collect the users' ID for the proper functioning of the app.
Use of Collected Data: Emails and user IDs are stored to monitor and prevent misuse of the story generation feature, including the creation of harmful stories or images. In such cases, we may identify the users involved, notify Apple, relevant authorities, and enforce appropriate bans. In the future, we may also use the collected email addresses to send newsletters about app updates and events. You will have the option to opt out of receiving newsletters.
Data Storage and Security: Emails and user IDs are securely stored on Apple servers, which comply with GDPR and HIPAA regulations. Only the user ID is used for requesting AI-generated stories and images. To provide this functionality, we collaborate with third-party partners such as OpenAI and Stability AI for story and image generation. Additionally, we utilize Apple's NLP Frameworks. These third-party partners adhere to strict data privacy and security measures.
User Rights: Users have the right to delete their accounts at any time. All stories created by the user are stored on their device unless explicitly shared on Apple servers or through other means, such as PDFs.
Data Retention: User data is retained until the user decides to delete their account.
Use of Cookies:We do not use any cookies for data tracking or analytics purposes. The email addresses collected are solely used to monitor inappropriate usage and to send newsletters. You will have the option to unsubscribe from newsletters.
Third-Party Partners: We collaborate with OpenAI and Stability AI for story and image generation. The user ID is transferred to these partners only when requesting AI-generated content to monitor inappropriate content creation.
Consent and Account Deletion: By signing in to the app, you provide consent for the usage and storage of your user ID and other necessary information. You can withdraw consent by deleting your account and the app.
Modifying Emails: To modify or update your email address, please contact us directly via email at turingmedica@gmail.com.
Opting Out of Newsletters: You can opt out of newsletters by accessing the settings pages within the app.
Data Breach Notification: In the event of a data breach, both Apple and our third-party partners will notify us, and we will notify affected users via email. Please note that email addresses are securely stored on Apple's CloudKit servers and are not shared with our AI third-party clients.
Updates to the Privacy Policy: Any updates to the Data Privacy Policy will be made available within the settings section of the app.
Please note that this Data Privacy Policy is subject to our EULA and other applicable terms and conditions. We recommend reviewing these documents in conjunction to understand the complete terms of service and privacy practices.
If you have any concerns or inquiries regarding our data privacy practices, please contact us at turingmedica@gmail.com.
Lasted updated: July 2023