Terms of Use

Preamble

TalesCraft AI is a web platform, available at https://talescraftai.com (the "Site").

This Site is published by Jeremie Escach, individual entrepreneur domiciled at 27 Rue Neuve, Dax, France. This entrepreneur is registered with the Trade and Companies Register of Dax under identification number 925116386, (hereinafter the "Publisher"). TalesCraft AI is accessible to users (the "User" or "Users").

TalesCraft AI is hosted by AWS, with headquarters at 410 Terry Avenue North, 98109 Seattle, United States. This host can be contacted at this email address: trustandsafety@support.aws.com.

The purpose of these Terms of Use (the "Terms" or collectively, the "Agreement") is to define the terms and conditions governing the relationship between Users and Jeremie Escach. In case of non-compliance with the terms of these Terms, Jeremie Escach reserves the right to take any measure to protect his interests and in particular to ensure their execution.

Access to and use of the site are subject to acceptance of and compliance with these Terms of Use.

The Publisher reserves the right to modify, at any time and without notice, the Site and services as well as these Terms, particularly to adapt to changes in the Site through the provision of new features or the removal or modification of existing features.

It is therefore advisable for the User to refer to the latest version of the Terms of Use accessible at any time on the Site before any navigation.

These Terms of Use apply, as necessary, to any variation or extension of the Site on existing or future social and/or community networks.

Article 1: Purpose of the Site

The Site allows the User to access the following services: TalesCraft AI offers an AI-driven adventure game service that includes character creation and customization, AI-generated narratives, world exploration, and world creation features (the "Service(s)").

Jeremie Escach, according to these Terms, grants Users a limited revocable, non-exclusive, non-transferable right to access the Services for strictly personal use. Any use of the platform contrary to its purpose is strictly prohibited and constitutes a breach of these provisions.

Article 2: Access to the Site

To be eligible for the Service, the User may be a natural or legal person.

Jeremie Escach reserves the right to suspend or refuse access to one or more Users to the Site.

Article 3: Site Management

The Publisher implements the necessary technical solutions to allow continuous access to the site for the User. However, he reserves the right to limit or suspend access to all or part of the Site at any time, without notice. Such interruption may be necessary for reasons of site or content maintenance, or for any other reason deemed necessary for the proper functioning of the site by the Publisher.

The use of the Platform requires an internet connection and browser. The platform is accessible across all devices and browsers at the following address: https://talescraftai.com.

All hardware and software necessary to access the Platform and use the Services remain exclusively the responsibility of the User.

Article 4: Contact

The user has the possibility to contact the Publisher for any question or request for information concerning the Site, or any reporting of illicit content or activities by email at the address talescraftai.general@gmail.com.

Article 5: Use of Platform Services

5.1 User Obligations

Users are prohibited from:

1. Transmitting, publishing, distributing, recording, or destroying any material, in particular TalesCraft AI content, in violation of laws or regulations in force concerning the collection, processing, or transfer of personal information;
2. Disseminating data, information, or content of a defamatory, insulting, obscene, offensive, violent or inciting violence, political, racist, or xenophobic nature, and in general any content that would be contrary to laws and regulations in force or to good morals;
3. Engaging in harassment, hate speech, discrimination, or any form of bullying directed at other users or groups based on race, ethnicity, gender identity, sexual orientation, religion, disability, or other personal characteristics;
4. Referencing or creating links to any content or information available from TalesCraft AI sites, without the express, prior, and written agreement of Jeremie Escach;
5. Using information, content, or any data on the Site to offer a service considered competitive to TalesCraft AI;
6. Selling, exchanging, or monetizing information, content, or data on the platform or Services offered by the Platform, without the express and written agreement of Jeremie Escach;
7. Practicing reverse engineering, decompiling, disassembling, decrypting, or otherwise attempting to obtain the source code in relation to any underlying intellectual property used to provide all or part of the Services;
8. Using software or manual or automated devices, coding robots, or other means to access, explore, extract, or index any page of the Site;
9. Endangering or trying to endanger the digital security of TalesCraft AI. This includes attempts to control, scan, or test the vulnerability of the system or network or to violate security or authentication measures without prior express authorization;
10. Counterfeiting or using products, logos, trademarks, or any other element protected by the intellectual property rights of Jeremie Escach;
11. Simulating the appearance or functioning of the Site, for example by mirroring;
12. Directly or indirectly disrupting or disturbing TalesCraft AI, or imposing a disproportionate burden on the Site's infrastructure, or attempting to transmit or activate computer viruses via or on the Site;
13. Using the AI-generated content to produce, distribute, or facilitate harmful, illegal, or abusive material, including but not limited to content that promotes violence, illegal activities, hate speech, or sexual exploitation;
14. Sharing personal information of other users without their explicit consent.

It is reminded that violations of system or network security may lead to civil and criminal prosecution. Jeremie Escach verifies the absence of such violation and may call upon judicial authorities to prosecute, if necessary, Users who have participated in such violations.

Users undertake to use the Site loyally, in accordance with its purpose and with legal and regulatory provisions, these Terms, and current practices.

5.2 User Client Accounts

The Publisher reserves certain services of TalesCraft AI for Users who have registered on the site, this concerns in particular paid services. During registration, the User agrees to provide valid and sincere information. In particular, he agrees to provide the Publisher with an email address so that the latter can communicate information to him.

Any information communicated by email from the Publisher to the User will be deemed to have been read by the latter.

Any user regularly registered on the Site may request the deletion of his client account; the Publisher undertakes to delete client accounts for which he has received such a request.

Personal data of clients is deleted after 36 months without the client having logged in.

Article 6: Intellectual Property

6.1 Publisher Content

All content of the Site, including designs, texts, graphics, images, videos, information, logos, icon buttons, software, audio files, and others belong to Jeremie Escach, who is the sole holder of all intellectual property rights related thereto.

Any representation and/or reproduction and/or partial or total exploitation of the contents and Services offered by TalesCraft AI, by any process whatsoever, without the prior written authorization of Jeremie Escach, is strictly prohibited and would be likely to give rise to legal proceedings.

6.2 AI-Generated Content

All content generated by the artificial intelligence systems of TalesCraft AI, including but not limited to narratives, dialogues, descriptions, and world elements, is the exclusive property of Jeremie Escach. Users are granted a limited, non-exclusive license to use this content within the context of the Service for personal entertainment purposes and to share their adventures publicly through digital media for non-commercial purposes.

6.3 User-Generated Content

6.3.1 User-Created Characters

Users retain personal rights to the characters they create within TalesCraft AI. However, by creating and using characters on the platform, Users grant Jeremie Escach a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform such characters in connection with the Services and Jeremie Escach's business operations.

6.3.2 User-Created Worlds

Users retain personal rights to the worlds they create within TalesCraft AI for their personal use. However, by creating worlds on the platform, Users grant Jeremie Escach a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform such worlds in connection with the Services and Jeremie Escach's business operations.

6.4 Adventure Sharing

Users are permitted and encouraged to share their adventures, including screenshots, recordings, summaries, or stories from their gameplay experience on social media, video platforms, blogs, and other online venues for non-commercial purposes. When sharing content, Users should attribute TalesCraft AI as the source platform (e.g., "Created with TalesCraft AI"). This shared content serves as a representation of the User's unique experience within TalesCraft AI.

6.5 Social Media and Content Platforms

Users may share screenshots, recordings, or written accounts of their adventures on social media platforms, video sharing sites, blogs, and forums. This permission is granted provided that:

1. The sharing is non-commercial in nature
2. TalesCraft AI is properly credited
3. The shared content does not violate the prohibited activities outlined in Article 5.1
4. The User does not claim ownership of the AI-generated elements

Article 7: Subscription and Payment Terms

7.1 Subscription Plans

TalesCraft AI offers three subscription plans: Free, Premium ($10/month), and Ultimate ($20/month). Premium and Ultimate plans can be billed monthly or yearly with a 20% discount applied to yearly subscriptions.

7.2 Payment Processing

All payments are processed securely through Stripe's "Link" service. By subscribing to a paid plan, Users agree to the payment terms and conditions set forth by Stripe. Jeremie Escach does not store or process payment information directly.

7.3 Subscription Management

Users may cancel their subscription at any time. However, no refunds will be issued for the current billing period after cancellation. Users will continue to have access to their paid features until the end of their current billing period.

7.4 Premium Content Access

Certain worlds and features may be restricted based on subscription tier. The Publisher reserves the right to designate specific content as exclusive to certain subscription tiers.

Article 8: Personal Data

All personal data held by Jeremie Escach is collected legally and fairly according to the terms of the privacy policy accessible at this address: www.talescraftai.com/privacy.

This data is provided by Users who voluntarily and expressly accept these Terms authorizing Jeremie Escach to process, disclose, or transfer this data to any third party in order to allow (i) the User to fully benefit from the Services and functions offered by the Site, (ii) prevent any fraud and/or (iii) for statistical purposes.

8.1 Data Usage for AI Training

Jeremie Escach may collect and use anonymized data generated through User interaction with the Services to improve the artificial intelligence systems that power TalesCraft AI. This may include, but is not limited to, User interactions, gameplay patterns, narrative choices, and character development preferences.

Users can opt out of having their data used for AI training purposes by contacting talescraftai.general@gmail.com. Opting out will not affect the User's access to the Services.

8.2 Data Retention and Access

Personal data is stored by Jeremie Escach for processing in the context of using the Services. It is kept as long as necessary for the provision of the Services and functions offered by the Site.

The User always remains the owner of information concerning him that he transmits to Jeremie Escach. He has, in accordance with law no. 78-17 of January 6, 1978 as consolidated on March 24, 2020, the right to access, rectify, and delete personal data concerning him, as well as the right to oppose the communication of this data to third parties for just cause.

The User may exercise his rights by writing to the following email address: talescraftai.general@gmail.com.

A response to the User's request will be sent within 30 days.

Article 9: Account Termination and Suspension

9.1 User-Initiated Termination

Users may terminate their account at any time by contacting talescraftai.general@gmail.com. Upon termination, all personal data associated with the User's account will be deleted in accordance with the Privacy Policy, except as required for legal purposes or as specified in these Terms.

9.2 Publisher-Initiated Termination or Suspension

Jeremie Escach reserves the right to suspend or terminate a User's account at any time for violations of these Terms, including but not limited to:

1. Engaging in prohibited activities as outlined in Article 5.1;
2. Creating or distributing content that violates the community standards;
3. Using the Service in a manner that disrupts the experience of other Users;
4. Non-payment or payment fraud for premium subscriptions;
5. Any other activity that Jeremie Escach deems harmful to the Service or its Users.

9.3 Data Retention After Termination

For accounts terminated due to violations of these Terms, Jeremie Escach may retain the User's email address and mark it as "banned" to prevent future registrations from that email address. This is done in accordance with European data protection regulations and solely for the purpose of maintaining the integrity and security of the Service.

Article 10: Liability

It is reminded that data published by Users and information shared by them may be captured and exploited by other Users or third parties. In this sense, Jeremie Escach does not guarantee the respect of the ownership of this data; it is the User's responsibility to take all necessary measures to preserve the ownership of his data.

Jeremie Escach does not guarantee uninterrupted or error-free operation of the Services; in particular, Jeremie Escach cannot be held responsible for interruptions of access to the Platform due to maintenance operations, updates, or technical improvements.

In any event, Jeremie Escach shall not under any circumstances be liable for indirect or unforeseeable losses or damages of the User or any third party, including any lost profit, unfortunate investment, inaccuracy or corruption of files or data, damage to image or commercial reputation, loss of turnover or profit, loss of customers or loss of opportunity related to any title and on any basis whatsoever.

Moreover, Jeremie Escach shall not be responsible for any delay or non-performance of this Agreement justified by a case of force majeure, as defined by the jurisprudence of French courts and tribunals.

Article 11: Evidence Convention

Computer systems and files constitute proof in the relationship between Jeremie Escach and the User.

Thus, Jeremie Escach may validly produce in the context of any procedure, for evidentiary purposes, the data, files, programs, recordings, or other elements, received, issued, or kept by means of the computer systems operated, on all digital or analog media, and rely on them except in the case of manifest error.

Article 12: Severability

The fact that any of the provisions of the Agreement is or becomes illegal or unenforceable shall not affect in any way the validity or enforceability of the other stipulations of the Agreement.

Article 13: Dispute Resolution

The conclusion, interpretation, and validity of this Agreement are governed by French law, regardless of the User's country of origin or the country from which the User accesses TalesCraft AI and notwithstanding principles of conflicts of laws.

In the event that a dispute regarding the validity, execution, or interpretation of this Agreement is brought before civil courts, it will be subject to the exclusive jurisdiction of French courts, to which express attribution of jurisdiction is made, even in the case of interlocutory proceedings or plurality of defendants.

The User is informed that he may in any event resort to conventional mediation or any alternative mode of dispute resolution (conciliation, for example) in case of dispute.

Article 14: Duration of the Terms of Use

These terms of use are concluded for an indefinite period; the User is required to respect them from the beginning of his use of the Services.

The Publisher reserves the right to modify this document at any time without notice. Users will be informed of each update of the document.