Terms of Service

Last Updated: January 2025

1. Introduction

Welcome to Faburella (“Service”), a beta version of an AI-powered story generation platform operated by JPL & HF (“we,” “us,” or “our”). By accessing or using our Service, you agree to be bound by these Terms of Service (“Terms”).

2. Beta Status

2.1. You acknowledge that Faburella is currently in a beta testing phase and may contain bugs, errors, or other issues.

2.2. We reserve the right to modify, suspend, or discontinue any aspect of the Service during the beta period without prior notice.

3. Account Registration

3.1. You must create an account to use our Service. You are responsible for maintaining the confidentiality of your account credentials.

3.2. You must provide accurate and complete information when creating an account.

3.3. You must be at least 18 years old to create an account.

4. Credits and Payments

4.1. The Service operates on a credit-based system. Credits can be purchased through our platform.

4.2. All payments are processed securely through Stripe.

4.3. Credits are non-refundable and non-transferable unless otherwise required by applicable law or explicitly indicated in our refund policy.

4.4. By purchasing credits and generating your first story, you expressly consent to the immediate provision of digital content. In accordance with § 356 Abs. 5 BGB, you acknowledge that by giving this consent and beginning the service, you lose your right of withdrawal (Widerrufsrecht).

4.5. Before completing your purchase, you must explicitly confirm that: (a) you agree to the immediate provision of digital content, and (b) you acknowledge that this consent leads to the loss of your right of withdrawal once the service begins.

5. Content Generation

5.1. Our Service uses artificial intelligence to generate personalized stories and images.

5.2. While we strive to generate suitable content, we cannot guarantee that all generated content will be appropriate for all ages or free from errors.

5.3. You retain ownership of any personal information you provide, but grant us the right to use this information to generate stories and images in accordance with our Privacy Policy.

6. User Responsibilities

6.1. You agree not to:

• Use the Service for any illegal purpose
• Attempt to circumvent the credit system
• Share account access with unauthorized users
• Reverse engineer or attempt to extract the source code of our Service

7. Privacy and Data Protection

7.1. We process personal data in accordance with the GDPR and our Privacy Policy.

7.2. We collect and process children's data only with explicit parental consent and in compliance with applicable laws.

7.3. You have the right to access, correct, or delete your personal data as detailed in our Privacy Policy.

8. Intellectual Property

8.1. The Service, including its software, design, and trademarks, remains our exclusive property.

8.2. Stories generated through our Service are for personal use only. Commercial use is prohibited without our explicit permission.

9. Limitation of Liability

9.1. The Service is provided “as is” during the beta period without any warranties, express or implied.

9.2. We shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Service.

9.3. Our total liability for any claims shall not exceed the amount you paid for credits in the previous twelve (12) months, except where such limitation is not permitted by law.

10. Changes to Terms

10.1. We reserve the right to modify these Terms at any time. We will notify you of significant changes via email or by posting a notice on our website.

10.2. Your continued use of the Service after such modifications constitutes acceptance of the updated Terms.

11. Termination

11.1. We may suspend or terminate your account for violations of these Terms or for any other reason at our discretion.

11.2. Upon termination, any remaining credits will be forfeited unless otherwise required by law.

12. Governing Law

12.1. These Terms are governed by the laws of the European Union and Germany to the extent applicable.

12.2. Any disputes shall be resolved in the competent courts of [City], Germany (or any other agreed upon venue).

13. Contact

For any questions regarding these Terms, please contact us at contact@faburella.com.

14. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

15. Right of Withdrawal (Widerrufsbelehrung)

15.1. Right of Withdrawal for Consumers

If you are a consumer residing in the European Union, you have the right to withdraw from this contract within fourteen (14) days without giving any reason. However, in accordance with § 356 Abs. 5 BGB, you expressly acknowledge that this right of withdrawal expires immediately when you begin using our digital content (by generating your first story) after giving your express prior consent.

15.2. Exception for Digital Content

In accordance with § 356 Abs. 5 BGB and Article 16(m) of the EU Consumer Rights Directive (2011/83/EU), your right of withdrawal expires immediately for digital content not supplied on a tangible medium when:
1. You have given your express prior consent to begin the provision of the digital content, and
2. You have acknowledged that by giving this consent, you lose your right of withdrawal, and
3. We have begun the provision of the digital content (i.e., when you generate your first story).

15.3. Exercising the Right of Withdrawal

To exercise your right of withdrawal, you must inform us (Faburella, [Your Street], [ZIP City], Germany, Email: contact@faburella.com) of your decision to withdraw from this contract by an unequivocal statement (e.g., a letter sent by post or email). You may use the following withdrawal form, but it is not obligatory:

15.4. Consequences of Withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including delivery costs (if applicable), without undue delay and in any event not later than fourteen (14) days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

If you requested to begin the performance of services or digital content during the withdrawal period, you shall pay us an appropriate amount which is in proportion to what has been provided until you communicated your withdrawal to us, compared to the full coverage of the contract.

Where the supply of digital content (not supplied on a tangible medium) has begun with your prior express consent and your acknowledgment that you thereby lose your right of withdrawal, you will no longer have a right to withdraw.