STORYFLAME TERMS OF SERVICE

Last Updated: July 5, 2024

1. INTRODUCTION

Welcome to StoryFlame, a product of Hidden Planet Productions Inc. ("Hidden Planet," "we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of StoryFlame's services, including our website located at www.storyflame.io and any other software, tools, features, or functionalities provided by StoryFlame (collectively, the "Services"). Please read these Terms carefully, as they constitute a binding legal agreement between you and Hidden Planet Productions Inc.

Hidden Planet Productions Inc. 4821 Lankershim Blvd, Ste FPMB1030 North Hollywood CA 91601

2. ACCEPTANCE OF TERMS

By accessing or using the Services, you agree to be bound by these Terms and all applicable laws and regulations. If you do not agree with any part of these Terms, you may not use our Services. By accepting these Terms, you also agree not to scrape any data from the site, including but not limited to achievement data or other users' information.

3. CHANGES TO TERMS

We may modify these Terms at any time. We will notify you of any changes by posting the new Terms on this page and updating the "Last Updated" date above. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms.

4. DESCRIPTION OF SERVICES

StoryFlame provides a platform for writers to develop their stories using AI-powered tools and guidance. Our Services are designed to assist with story development, character creation, plot structuring, and other elements of narrative crafting. Please note that StoryFlame is not a writing platform; you cannot write or store your complete stories within our Services.

5. ACCOUNT REGISTRATION AND ELIGIBILITY

5.1 To access certain features of the Services, you must register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

5.2 You are responsible for safeguarding your account credentials and for any activities or actions under your account. Notify us immediately of any unauthorized use of your account.

5.3 You must be at least 13 years of age to use this website. If you are under the age of 13, you are not permitted to use this website. If you are over the age of 13 but under the age of 18, use of this website requires you to have the consent of your parent or guardian.

6. SUBSCRIPTIONS AND PAYMENTS

6.1 Some features of our Services may require a paid subscription. By subscribing to our Services, you agree to pay the fees associated with your chosen subscription plan.

6.2 Our order and payment processing is conducted by our vendor Paddle.com. Paddle.com is the Merchant of Record for your orders. You agree to review and comply with any additional terms set forth by Paddle.com.

6.3 You may upgrade your subscription at any time, and the cost will be prorated for the remainder of your current billing cycle. Downgrades or cancellations will take effect at the end of your current billing cycle.

6.4 We do not offer refunds for subscriptions. All sales are final.

7. USER CONTENT AND OWNERSHIP

7.1 "User Content" refers to any content you input into the Services, including but not limited to story ideas, character descriptions, plot outlines, and any other information you provide for story development.

7.2 You retain all ownership rights in your User Content. By using our Services, you grant Hidden Planet a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display your User Content solely for the purpose of providing and improving our Services, including enhancing your user experience within the platform. We will not use your stories or User Content in any marketing materials or share them publicly without your explicit consent.

7.3 You represent and warrant that you own or have the necessary rights to all User Content you submit through the Services, and that your User Content does not violate any third party's intellectual property rights or these Terms.

7.4 We use your User Content internally to improve our Services and your personalized experience on the platform. This includes training our own models to enhance the development tools, character creation features, and other story-related functionalities. However, we do not train any external large language models (LLMs) with your data.

8. AI-GENERATED CONTENT

8.1 Our Services may generate content using artificial intelligence ("AI-Generated Content") based on your inputs and prompts. You acknowledge that AI-Generated Content may be imperfect, incomplete, or inaccurate.

8.2 While you retain ownership of your original User Content, the AI-Generated Content is provided to you under a limited, non-exclusive license for use in developing your stories. You may not claim copyright over AI-Generated Content itself, but you may use it as inspiration or a starting point for your own original work.

8.3 StoryFlame does not claim ownership of the stories you develop using our Services. The final stories you create based on the ideas developed through our platform belong to you.

8.4 We may create AI-generated images or artwork related to your stories using third-party services. The ownership and usage rights of these images are subject to the terms of the respective third-party services.

9. PROHIBITED USES

You agree not to use the Services:

a) To violate any applicable law or regulation b) To infringe upon or violate our intellectual property rights or the intellectual property rights of others c) To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate d) To submit false or misleading information e) To upload or transmit viruses or any other type of malicious code f) To interfere with or circumvent the security features of the Services g) To scrape, collect, or harvest any data from the Services, including but not limited to achievement data, user information, or any other content available through the Services h) To attempt to gain unauthorized access to any portion or feature of the Services, or any other systems or networks connected to the Services i) To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services

10. INTELLECTUAL PROPERTY

10.1 The Services, including all content, features, and functionality thereof, are owned by Hidden Planet, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

10.2 These Terms do not grant you any right, title, or interest in the Services, others' content in the Services, or StoryFlame trademarks, logos and other brand features.

11. PRIVACY POLICY

Your use of the Services is also governed by our Privacy Policy, which can be found at [Privacy Policy URL]. Please review this policy to understand our practices.

12. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HIDDEN PLANET, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICES. UNDER NO CIRCUMSTANCES WILL HIDDEN PLANET BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HIDDEN PLANET ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY; AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES.

IN NO EVENT SHALL HIDDEN PLANET, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO HIDDEN PLANET HEREUNDER OR $50.00, WHICHEVER IS GREATER.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF HIDDEN PLANET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

13. INDEMNIFICATION

You agree to defend, indemnify and hold harmless Hidden Planet and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Services, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Services.

14. SEVERABILITY

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.

15. DISPUTE RESOLUTION

15.1 These Terms shall be governed by and defined following the laws of the State of California, United States. Hidden Planet Productions Inc. and yourself irrevocably consent that the courts of California shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Terms.

15.2 Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration under the rules of the American Arbitration Association. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be Los Angeles, California. The language to be used in the arbitral proceedings shall be English.

16. CHANGES AND AMENDMENTS

We reserve the right to modify this Agreement or its terms relating to the Services at any time, effective upon posting of an updated version of this Agreement on the Services. When we do, we will revise the updated date at the bottom of this page. Continued use of the Services after any such changes shall constitute your consent to such changes.

17. USER DATA AND BACKUPS

17.1 You are responsible for maintaining your own backups of your User Content. While we may perform routine backups of data, these are not intended for disaster recovery or business continuity purposes, and we are not responsible for lost content.

17.2 In the event of account termination or deletion, we may delete any and all retained copies of your User Content automatically within sixty (60) days.

18. MONITORING AND ANALYTICS

We may monitor user behavior and collect analytics data to improve our Services and user experience. This may include the use of third-party analytics tools such as Google Analytics, Hotjar, and Microsoft Clarity. For more information on how we collect and use data, please refer to our Privacy Policy.

19. SERVICE INTERRUPTION

We are not liable for any damages or losses due to interruption of our Services, regardless of the cause of the interruption.

20. ACCEPTANCE OF THESE TERMS

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Services.

21. CONTACTING US

If you have any questions about these Terms, please contact us at:

Hidden Planet Productions Inc. Email: hello@hiddenplanet.io

This document was last updated on July 5, 2024.