ZOLLYBOOKS TERMS OF SERVICE

Effective Date: January 6, 2026

Contact: support@zollybooks.com

1. Introduction and Agreement

Welcome to ZollyBooks ("we," "our," or "us"). ZollyBooks is a creative platform that enables families to create, read, and share stories using Artificial Intelligence. These Terms of Service ("Terms") govern your access to and use of the ZollyBooks Mobile Application, the Parent Companion App, and the ZollyBooks Website (collectively, the "Service").

By accessing or using the Service, you confirm that you accept these Terms and agree to be bound by them.

1.1. Eligibility & The "Parent Contract"

  • The Account Holder: You must be at least 18 years of age (or the age of majority in your jurisdiction) to create an account. You agree that you are the parent or legal guardian of any child you authorize to use the Service. You are legally responsible for all actions taken under your account, including those by your child.
  • The Child User: Children may use the App only under the supervision of the Account Holder.
  • Global Access: The Service is available globally, but we make no representation that the Service is appropriate for use in every jurisdiction. You are responsible for compliance with local laws.

1.2. The Parent Gate

To comply with child safety laws (including COPPA and GDPR-K), sensitive features—including Purchasing, Public Publishing, Sharing External Links, and Creating Custom Characters—are protected by a "Parent Gate." You agree to keep your verification credentials (PINs/Passwords) secure and not share them with your child.

2. Sparks, Subscriptions, and Payment Terms

2.1. Sparks (Virtual Currency)

  • License Only: "Sparks" are a limited, non-transferable, non-sublicensable, revocable license to use digital creation features within the App. Sparks are not personal property, cryptocurrency, or real money.
  • Consumption: Sparks are considered "consumed" and deducted from your balance immediately upon the initiation of a generation task (e.g., clicking "Create Book").

2.2. Global Refund Policy & Waiver of Withdrawal Rights

  • Final Sale: All purchases of Sparks and Subscriptions are final and non-refundable, except where required by law.
  • EU/UK Consumers (Right of Withdrawal): If you are a consumer in the EU or UK, you normally have a 14-day right to cancel digital purchases. However, by using a Spark or accessing Subscription content, you expressly consent to the immediate performance of the contract and acknowledge that you lose your Right of Withdrawal once the digital content is delivered or generation begins.
  • Automated System Failures: If our system detects a technical failure (e.g., server crash, timeout, or total incoherence during generation), the Sparks will be automatically refunded to your in-app balance.
  • No Subjective Refunds: We do not refund Sparks for "minor" AI artifacts, narrative choices, or style preferences.

2.3. Subscriptions

  • Renewal: Subscriptions (Monthly or Annual) automatically renew unless auto-renew is turned off at least 24 hours before the current period ends via your App Store/Play Store settings.
  • Cancellation: You may cancel at any time. Your access continues until the end of the billing period, after which your account reverts to the Free Tier and unused Subscription Sparks expire.

3. Intellectual Property, Licensing, and Remixing

3.1. User Ownership

You (or your child) retain ownership of the original text prompts and unique storylines created within ZollyBooks, subject to the license granted below.

3.2. The ZollyBooks License

By Publishing a book to the Public Library or sharing a Viral Link/Social Card, you grant ZollyBooks a perpetual, irrevocable, worldwide, royalty-free, transferable, and sublicensable license to:

  • Display & Distribute: Host, store, and display your content on the App, Website (Web Viewer), and third-party social media platforms for promotional purposes.
  • Remix: Allow other users globally to create derivative works ("Remixes") of your story or characters. You explicitly waive any right to royalties or compensation from these Remixes.
  • Translate & Adapt: Translate your stories into other languages or formats.
  • Anonymize: We may strip your username from content if you delete your account, allowing the content to remain in the library to preserve the integrity of existing Remixes.

3.3. Waiver of Moral Rights

To the fullest extent permitted by applicable law (including the UK Copyright, Designs and Patents Act 1988), you unconditionally waive your "moral rights" (e.g., the right to be named as the author or to object to modifications) regarding any content you Publish.

4. Safety, Moderation, and Review Pipeline

We employ a robust 4-Step Safety Pipeline. You acknowledge that this process is necessary to maintain a safe environment.

4.1. The Review Process

  • Writer AI: The generating AI is instructed on strict safety guidelines ("The Safety Constitution").
  • Reviewer AI: A secondary AI audits the draft for safety and coherence before you see it.
  • Publishing AI: A third AI scans the book upon your request to "Publish."
  • Human Review: The first three (3) books published by any new user are held for mandatory human review. "Trusted Authors" (users with clean histories) may publish instantly, but remain subject to AI monitoring and random spot-checks.

4.2. Prohibited Content (Zero Tolerance)

You agree not to generate, upload, or share content containing:

  • Child Endangerment: Grooming, sexualization, or exploitation.
  • Violence/Gore: Realistic weapons, blood, or graphic injury.
  • Hate/Bullying: Discrimination, slurs, or targeted harassment.
  • Self-Harm: Promotion of suicide or eating disorders.
  • Illegal Acts: Drugs, alcohol, or criminal behavior.
  • Copyright Violation: Deliberately generating IP owned by others (e.g., Disney characters).

4.3. Jailbreaking & Prompt Injection

Attempting to bypass safety filters (e.g., using "roleplay" hacks to force the AI to ignore safety rules) is a material breach of these Terms and will result in an immediate, permanent ban.

5. DMCA & Copyright Takedowns

We respect the intellectual property rights of others. If you believe your copyrighted work has been copied in a way that constitutes infringement and is accessible on ZollyBooks, please notify our Copyright Agent at support@zollybooks.com.

6. Service Modifications and "Sunset" Clause

  • 6.1. Service Changes: We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time.
  • 6.2. Sunset Clause: If ZollyBooks permanently ceases operations, we will make reasonable efforts to provide at least 30 days' notice. Upon such shutdown, your access to the Service will terminate, and any unused Sparks or Subscription time will be forfeited without refund, to the extent permitted by law.

7. Disclaimers, Liability, and Indemnification

  • 7.1. AI Disclaimer: You acknowledge that ZollyBooks uses Generative AI. We make no warranties regarding the accuracy, quality, or originality of the content. You accept the risk that AI may produce "hallucinations" or unexpected results.
  • 7.2. Limitation of Liability: To the maximum extent permitted by law, ZollyBooks shall not be liable for any indirect, incidental, or consequential damages. Our total liability to you for any claim shall not exceed the amount you paid to ZollyBooks in the last 12 months.
  • 7.3. Indemnification: You agree to indemnify and hold ZollyBooks harmless from any claims or legal fees arising from your use of the Service or your violation of these Terms.

8. Dispute Resolution (Arbitration & Class Action Waiver)

8.1. For Users in the United States

PLEASE READ CAREFULLY. You agree that any dispute between you and ZollyBooks shall be resolved by binding arbitration, rather than in court. You knowingly waive your right to a jury trial and your right to participate in a class action lawsuit.

8.2. For Users in the UK, EU, and Rest of World

These Terms are governed by the laws of England and Wales. You agree to submit to the jurisdiction of the courts of England and Wales. However, if you are a consumer in the EU/UK, you may also rely on mandatory consumer protection laws in your country of residence.

9. General Provisions

  • 9.1. Changes to Terms: We reserve the right to modify these Terms at any time. If we make material changes, we will notify you (e.g., via an in-app prompt). Your continued use of the Service after such changes constitutes your acceptance of the new Terms.
  • 9.2. App Store Terms: You acknowledge that Apple and Google are third-party beneficiaries of these Terms and may enforce them regarding your use of the App on their devices.
  • 9.3. Account Inactivity: If you do not log in for 12 months, your books will be archived. If you do not log in for 24 months, your account and data will be permanently deleted. Public books may be anonymized and retained to preserve the library.