Terms of Service
Last updated: March 2026
1. Acceptance of Terms
These Terms of Service (“Terms”) constitute a legally binding agreement between you (“you,” “your,” or “User”) and Tellmora, Inc. (“Tellmora,” “we,” “us,” or “our”), governing your access to and use of the interactive storytelling platform known as “The Land of Tellmora,” accessible at tellmora.com, app.tellmora.com, cdn.tellmora.com, and all associated subdomains, applications, APIs, and services (collectively, the “Service”).
By accessing or using the Service in any manner — including browsing our marketing site, creating an account, uploading photographs, reading or interacting with stories, purchasing a subscription, or ordering printed materials — you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety. If you do not agree to all of these Terms, you must not access or use the Service.
If you are accessing the Service on behalf of a minor (a child under the age of 18), you represent and warrant that you are the parent or legal guardian of that minor and that you accept these Terms on their behalf. You are fully responsible for the minor’s use of the Service and compliance with these Terms.
We reserve the right to modify these Terms at any time. When we make material changes, we will provide notice by updating the “Last updated” date above and, for significant changes, by sending an email to the address associated with your account or displaying a prominent notice within the Service. Your continued use of the Service following the posting of revised Terms constitutes your acceptance of such changes. If you do not agree to the modified Terms, your sole remedy is to discontinue use of the Service.
2. Eligibility and Age Requirements
Tellmora is a mixed-audience platform serving users across multiple age ranges. Access to certain features and content shelves is determined by and contingent upon your age and, where applicable, verified parental consent. The following eligibility requirements apply:
2.1 Children Under 13 (Kids Shelf)
In compliance with the Children’s Online Privacy Protection Act (“COPPA”), children under the age of 13 may only use the Service after a parent or legal guardian has provided verifiable parental consent. When a user indicates during registration that they are under 13, we immediately cease data collection from the child and initiate our parental consent workflow. No child account is activated, and no personal information from the child is retained, until verifiable parental consent has been obtained through one of our FTC-approved methods (credit card micro-charge verification or signed consent form upload).
Child accounts are restricted to the Kids shelf (ages 4–12) and may not access Young Adult, Romance, or Adult Adventures content. Child accounts do not have access to social features, public profiles, or any form of user-to-user communication. Parents and guardians maintain full control over child accounts, including the ability to review, download, and delete all data associated with the child at any time.
2.2 Users Ages 13 to 17 (Young Adult Shelf)
Users between the ages of 13 and 17 may create accounts and use the Service with the awareness and implied consent of a parent or legal guardian. By permitting a minor aged 13–17 to use the Service, the parent or guardian agrees to these Terms on the minor’s behalf and assumes responsibility for the minor’s activity on the platform. Users in this age group have access to the Kids shelf and the Young Adult shelf (ages 13–18). They may not access the Romance shelf or the Adult Adventures shelf.
2.3 Users 18 and Older
Users 18 years of age or older have access to all content shelves, including the Kids shelf, Young Adult shelf, Romance/“How We Met” shelf, and Adult Adventures shelf. The Adult Adventures shelf (18+) is restricted exclusively to verified adult users. Any attempt to access age-restricted content by misrepresenting your age constitutes a material breach of these Terms and grounds for immediate account termination.
2.4 Age Verification
All users must complete an age verification step during registration. You represent and warrant that the age information you provide is truthful and accurate. Providing false age information to circumvent content restrictions or COPPA protections is strictly prohibited and may result in termination of your account, deletion of your data, and, where applicable, referral to the appropriate authorities.
3. Account Registration and Security
3.1 Account Creation
To access certain features of the Service, you must create an account. You may register using an email address and password, or through a supported social login provider (Google, Facebook, or Apple). During registration, you agree to provide accurate, current, and complete information and to update such information as necessary to maintain its accuracy. Providing false, misleading, or outdated registration information constitutes a violation of these Terms.
3.2 One Account Per Person
Each individual is permitted one account on the Service. Creating multiple accounts to circumvent subscription limitations, free tier restrictions, usage caps, suspensions, or bans is prohibited. Family profiles (separate reader profiles managed under a single parent account) are a designated feature of the Service and do not constitute multiple accounts.
3.3 Account Security
You are solely responsible for maintaining the confidentiality of your login credentials, including your password and any social login tokens. You agree not to share, transfer, or disclose your credentials to any third party. You are fully responsible for all activity that occurs under your account, whether or not authorized by you. You must notify us immediately at hello@tellmora.com if you suspect any unauthorized access to or use of your account.
Tellmora will never ask you for your password via email, phone, or any communication channel. We are not liable for any loss or damage arising from your failure to maintain the security of your account credentials.
4. Description of Service
Tellmora is an interactive storytelling platform that enables users to become AI-illustrated characters within branching, choose-your-path narrative adventures. The Service includes, but is not limited to, the following features and functionality:
- Interactive stories: Branching narrative experiences organized across four audience shelves — Kids (ages 4–12), Young Adult (ages 13–18), Romance/“How We Met” (gift market), and Adult Adventures (18+) — in which readers make choices that determine the direction and outcome of the story.
- AI character illustration: Users may upload a photograph or use our Character Creator tool to generate a personalized, AI-rendered illustrated character that appears within stories. This feature leverages AI image generation models to produce stylized artistic renderings based on your likeness or design selections.
- Star of the Story: A premium feature that places the user’s illustrated likeness directly into story scenes at key narrative decision points, creating a deeply personalized reading experience.
- Audio narration: AI-generated voice narration for stories, with selectable voice options and playback controls.
- Family profiles: The ability to create and manage multiple reader profiles under a single parent account, each with independent story progress, character illustrations, and age-appropriate content restrictions.
- Story library and progress tracking: A personal library of started, completed, and bookmarked stories with persistent progress across sessions.
- Print-on-demand: The ability to order physical printed books of completed stories, fulfilled through our printing partner Lulu Press, Inc.
- Subscription tiers: Free, Adventurer, and Legend plans offering varying levels of access to stories, profiles, and premium features.
We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. We will make reasonable efforts to provide advance notice for changes that materially affect your paid subscription or access to content you have purchased.
5. User Content and Photo Uploads
5.1 License Grant for User Content
By uploading, submitting, or otherwise providing any content to the Service — including photographs, Character Creator selections, profile information, and any other materials (“User Content”) — you grant Tellmora a non-exclusive, worldwide, royalty-free, sublicensable (solely to our service providers as necessary to operate the Service), and transferable license to use, process, reproduce, modify, and create derivative works of your User Content solely for the purpose of providing, operating, and improving the Service. This license includes the right to process your photographs through AI image generation models to produce character illustrations, to display those illustrations within stories, and to include them in printed materials you order.
This license is limited to the purposes described herein. We will not sell, license, or distribute your User Content to third parties for their own independent use. The license you grant with respect to source photographs terminates automatically upon deletion of those photographs from our systems (which occurs within 24 hours of processing, as described below). The license with respect to AI-generated illustrations persists for the duration of your account and terminates upon account deletion and the completion of our data retention obligations.
5.2 Photo Handling and Deletion
When you upload a photograph for character illustration, the following process applies:
- Your photo is transmitted over an encrypted connection and stored temporarily in secure cloud storage with server-side encryption (AES-256).
- The photo is processed by AI image generation models to produce stylized character illustrations. The AI models use the photo as a visual reference only — they do not retain, store, or index your original photograph.
- Your original source photograph is permanently deleted from our storage within 24 hours of processing. This deletion is automated and irreversible. No copies, backups, or thumbnails of source photos are retained beyond this window.
- Only the resulting AI-generated character illustrations are retained. These are stylized artistic renderings that cannot be reverse-engineered to reconstruct the original photograph.
5.3 User Representations and Warranties
By uploading or submitting User Content, you represent and warrant that:
- You own or have all necessary rights, licenses, consents, and permissions to use and authorize Tellmora to use the User Content as described in these Terms.
- Any photograph you upload is of yourself or of a person for whom you have obtained explicit, informed consent to use their likeness for AI illustration purposes. Uploading photographs of third parties without their affirmative consent is strictly prohibited.
- If you are uploading a photograph of a minor, you are the parent or legal guardian of that minor and you consent to the processing of the photograph on their behalf.
- Your User Content does not violate, infringe, or misappropriate any third party’s intellectual property rights, privacy rights, publicity rights, or any other legal rights.
- Your User Content does not contain any material that is unlawful, defamatory, obscene, pornographic (with respect to content involving minors, absolutely prohibited), threatening, harassing, hateful, or otherwise objectionable.
- Your User Content does not contain malware, viruses, or any other harmful computer code.
5.4 Character Creator Content
The Character Creator is a privacy-first alternative to photo upload that allows you to design a character by selecting aesthetic attributes (hair style, hair color, eye color, skin tone, face shape, body type, archetype, and other features) without uploading any photograph. Illustrations generated through the Character Creator are based entirely on your categorical selections and are produced by AI image generation models. You may use these generated illustrations within the Service, including in stories and printed materials you order. The underlying AI models, generation technology, art styles, and prompt engineering remain the property of Tellmora.
6. AI-Generated Content
6.1 Ownership of AI-Generated Illustrations
AI-generated content on the Service includes character illustrations, scene illustrations, identity illustrations (Star of the Story), audio narration, and other outputs produced by AI models at your direction. To the maximum extent permitted by applicable law, you retain rights to the personalized AI-generated illustrations that are uniquely associated with your account and created from your photograph or Character Creator selections. You may use these personal illustrations for personal, non-commercial purposes, including displaying, downloading, and sharing them. Your right to use these illustrations is subject to these Terms and does not extend to commercial exploitation, resale, or redistribution.
6.2 Tellmora’s Retained Rights
Tellmora retains all rights, title, and interest in and to:
- All story content, including narrative text, dialogue, plot structures, branching logic, character names and descriptions (other than user-created character names), world-building elements, and all other literary and creative works comprising the stories.
- The underlying AI prompts, prompt templates, art style definitions, and generation parameters used to produce illustrations and other AI-generated outputs.
- Scene illustrations and other non-personalized visual assets that are shared across user sessions and are not specific to any individual user’s likeness.
- Audio narration models, voice profiles, and audio generation infrastructure.
- All proprietary technology, algorithms, machine learning models, and systems used to operate the Service.
6.3 Limitations and Disclaimers for AI-Generated Content
AI-generated content is produced by machine learning models and is inherently probabilistic. You acknowledge and agree that:
- AI-generated illustrations may contain visual artifacts, inconsistencies, or imperfections. We do not guarantee that illustrations will be error-free, photorealistic, or free from unexpected visual elements.
- AI-generated illustrations are stylized artistic interpretations. They are not intended to be and should not be relied upon as accurate photographic reproductions of any person.
- We do not guarantee the uniqueness of any AI-generated output. Due to the nature of generative AI models, outputs produced for different users using similar inputs may share visual similarities.
- AI models are continuously evolving. The quality, style, and characteristics of AI-generated outputs may change over time as models are updated or replaced.
- AI-generated audio narration is synthesized and may not perfectly convey tone, emphasis, or pronunciation in all cases.
7. Subscriptions and Billing
7.1 Subscription Tiers
The Service is offered under the following subscription tiers, each with different levels of access, features, and limitations:
- Free Tier: Limited access to the Service at no cost. Includes access to the Kids shelf only, up to 2 story sessions per month, a maximum of 2 reader profiles, and standard (non-identity) illustrations. The Free tier does not include Star of the Story, premium content, or priority processing.
- Adventurer Tier: A paid monthly or annual subscription providing expanded access to additional content shelves, an increased monthly story session allowance, up to 10 reader profiles, up to 5 Star of the Story identity sessions per month, and access to premium features as described on our pricing page at the time of subscription.
- Legend Tier: A paid monthly or annual subscription providing the fullest access to the Service, including all content shelves, the highest monthly story session allowance, up to 25 reader profiles, up to 20 Star of the Story identity sessions per month, priority processing, and all other premium features as described on our pricing page.
The specific features, limitations, and pricing of each tier are set forth on our pricing page and are incorporated into these Terms by reference. We may modify the features or limitations of any tier at any time, provided that changes to paid tiers that materially reduce functionality will not take effect until the end of your current billing period.
7.2 Billing and Payment
All payment processing for the Service is conducted through Stripe, Inc. (“Stripe”), a PCI DSS Level 1 certified payment processor. By subscribing to a paid tier or making any purchase on the Service, you agree to Stripe’s Terms of Service (opens in new tab) and Privacy Policy (opens in new tab).
You authorize Tellmora (through Stripe) to charge your designated payment method for all fees and charges applicable to your subscription tier, including recurring subscription fees, one-time purchases (such as print-on-demand orders), and any applicable taxes. You are responsible for keeping your payment method current and valid. If your payment method fails or your account is past due, we may suspend or restrict access to paid features until payment is received.
7.3 Automatic Renewal
Paid subscriptions automatically renew at the end of each billing period (monthly or annually, depending on your selected plan) unless you cancel before the renewal date. The renewal charge will be at the then-current rate for your tier. We will charge your payment method on file on the renewal date. You may cancel auto-renewal at any time through your account settings.
7.4 Cancellation and Refunds
You may cancel your paid subscription at any time through your account settings. Cancellation takes effect at the end of your current billing period — you will retain access to paid features until that date. Upon the expiration of your billing period following cancellation, your account will revert to the Free tier. We do not provide partial refunds or prorated credits for unused portions of a billing period.
If you believe you have been charged in error, or if you experience a significant, prolonged service disruption that prevents you from using paid features, you may contact us at hello@tellmora.com to request a review. Refund requests are evaluated on a case-by-case basis at our sole discretion.
7.5 Price Changes
We reserve the right to change the pricing of our subscription tiers at any time. For existing subscribers, price increases will not take effect until at least 30 days after we provide notice of the change via email to the address associated with your account. If you do not agree to a price increase, you may cancel your subscription before the new pricing takes effect. Continued use of the Service after the effective date of a price change constitutes your acceptance of the new pricing.
8. Print-on-Demand
8.1 Fulfillment Partner
Tellmora offers the ability to order physical printed books of your completed story experiences, including your personalized AI-generated illustrations. Print-on-demand orders are fulfilled by our third-party printing partner, Lulu Press, Inc. (“Lulu”). When you place a print-on-demand order, you authorize us to share the information necessary to fulfill your order with Lulu, including your shipping name, shipping address, and the book content to be printed. Lulu acts as a service provider to Tellmora and processes this information solely for order fulfillment purposes.
8.2 Pricing, Shipping, and Taxes
The price of each printed book is displayed at the time of order and includes the base printing cost plus applicable platform fees. Shipping costs are calculated based on your shipping address, the shipping method selected, and the size and weight of the book. Applicable sales tax, VAT, or other taxes are added at checkout as required by law. All print-on-demand orders are final sales, subject to the returns and quality provisions below.
8.3 Returns and Quality
Because each printed book is a unique, custom-produced product, we generally do not accept returns or offer refunds for print-on-demand orders. However, if your book arrives damaged, materially defective (e.g., missing pages, significant print defects, binding failure), or if you received the wrong item, please contact us at hello@tellmora.com within 30 days of delivery with photographs of the issue. We will, at our option, provide a replacement or a refund for the defective item.
Printed books are physical reproductions of digital illustrations optimized for screen display. While we make best efforts to produce high-quality physical prints, minor variations in color, resolution, or finish between the digital version and the printed copy are inherent to the print-on-demand process and do not constitute a defect.
9. Prohibited Conduct
You agree that you will not, and will not assist, encourage, or enable any third party to, engage in any of the following prohibited activities in connection with the Service:
- Uploading illegal, harmful, or abusive content: Uploading, submitting, or transmitting any content that is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, tortious, obscene, or otherwise objectionable, or that constitutes or depicts child sexual abuse material (CSAM), non-consensual intimate imagery, or content that exploits minors in any way.
- Uploading photos of others without consent: Uploading photographs of any individual other than yourself (or your minor child for whom you are the legal guardian) without that individual’s explicit, informed consent to have their likeness processed by AI for illustration purposes.
- Circumventing age restrictions: Misrepresenting your age or the age of any user to access age-restricted content, bypass COPPA protections, or evade parental consent requirements. This includes creating accounts on behalf of minors without appropriate authorization.
- Reverse engineering and unauthorized access: Reverse engineering, decompiling, disassembling, or otherwise attempting to derive the source code, algorithms, AI models, prompts, or underlying structure of any aspect of the Service. This includes attempting to extract, reconstruct, or reverse-engineer any AI prompt, art style definition, or generation parameter used by the Service.
- Automated access and scraping: Using any robot, spider, scraper, crawler, or other automated means to access, collect data from, or interact with the Service without our prior written consent. This includes training AI or machine learning models on content obtained from the Service.
- Impersonation: Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with any person or entity, including Tellmora or its employees, agents, or representatives.
- Harassment and abuse: Engaging in any conduct that harasses, bullies, intimidates, threatens, or harms any other user or individual, including through the use of content generated by or transmitted through the Service.
- Deepfakes and deceptive use of AI illustrations: Using AI-generated illustrations obtained through the Service to create deepfakes, manipulated media intended to deceive, non-consensual pornographic or intimate imagery, or any content that falsely depicts a real person engaging in conduct they did not engage in. This prohibition applies regardless of whether the illustration depicts a real person’s likeness.
- Circumventing security or technical measures: Attempting to probe, scan, or test the vulnerability of the Service, or to circumvent, disable, or interfere with any security, authentication, rate-limiting, or access-control features of the Service.
- Interfering with the Service: Taking any action that imposes an unreasonable or disproportionately large load on our infrastructure, or that disrupts, degrades, or interferes with the operation of the Service or any networks or servers connected to it.
- Commercial exploitation: Using the Service or any content obtained through the Service for any commercial purpose not expressly authorized by these Terms, including reselling subscriptions, redistributing stories, or licensing AI-generated outputs to third parties.
- Circumventing subscription restrictions: Using technical means, multiple accounts, or other methods to exceed Free tier limitations, evade usage caps, or obtain paid features without payment.
- Violating applicable law: Engaging in any activity that violates any applicable local, state, national, or international law or regulation, including without limitation COPPA, the GDPR, the CCPA, intellectual property laws, and anti-fraud statutes.
Violation of any of the foregoing prohibitions may result in immediate suspension or termination of your account, deletion of your content, forfeiture of any paid subscription without refund, and, where appropriate, referral to law enforcement authorities.
10. Intellectual Property
10.1 Tellmora’s Intellectual Property
The Service, including all of its content, features, and functionality, is owned by Tellmora, Inc. and is protected by United States and international copyright, trademark, trade secret, patent, and other intellectual property or proprietary rights laws. This includes, without limitation:
- All story content, narratives, characters (as authored by Tellmora), plot structures, branching logic, dialogue, and literary works.
- The Tellmora brand name, “The Land of Tellmora” mark, logos, visual identity, and all associated trademarks and trade dress.
- Art styles, illustration templates, prompt engineering, and the aesthetic direction of AI-generated visual content.
- The platform’s source code, software, APIs, databases, architecture, user interface designs, and all underlying technology.
- Non-personalized scene illustrations, background art, icons, and visual elements used throughout the Service.
- All documentation, marketing materials, and editorial content published on the Service.
Nothing in these Terms grants you any right, title, or interest in any of Tellmora’s intellectual property except for the limited rights expressly set forth herein. You may not copy, modify, distribute, sell, lease, or create derivative works based on any part of the Service or its content without our prior written permission.
10.2 User’s Intellectual Property
You retain all ownership rights in the photographs you upload and the original content you create outside the Service. As described in Section 5, you grant Tellmora a limited license to process your User Content solely for the purpose of providing the Service. Your personalized AI-generated illustrations (those uniquely produced from your photograph or Character Creator selections) are yours to use for personal, non-commercial purposes as described in Section 6. We do not claim ownership of your photographs or your personalized illustration outputs.
10.3 Third-Party Content and Licenses
The Service incorporates third-party software libraries, fonts, icons, and other materials used under license. These third-party components remain the property of their respective owners and are subject to their respective license terms. Your use of the Service does not grant you any rights in third-party content beyond those necessary to use the Service as intended.
10.4 DMCA and Copyright Complaints
We respect the intellectual property rights of others. If you believe that any content on the Service infringes your copyright, you may submit a notice under the Digital Millennium Copyright Act (“DMCA”) to our designated agent at hello@tellmora.com with the subject line “DMCA Notice.” Your notice must include: (a) identification of the copyrighted work claimed to have been infringed; (b) identification of the infringing material and its location on the Service; (c) your contact information; (d) a statement that you have a good-faith belief that the use is not authorized; and (e) a statement, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on the owner’s behalf.
11. Privacy
Your use of the Service is subject to our Privacy Policy, which describes how we collect, use, disclose, and protect your personal information, and our Children’s Privacy Policy, which provides additional detail on our practices with respect to children under 13. Both policies are incorporated into these Terms by reference. By using the Service, you acknowledge that you have read and understood these policies and consent to the practices described therein.
In particular, we draw your attention to the following: source photographs uploaded for AI illustration are deleted within 24 hours of processing; child accounts are subject to strict data minimization and COPPA protections; we do not sell personal information; and parents retain full control over their children’s data at all times. For complete details, please review the Privacy Policy and Children’s Privacy Policy in their entirety.
12. Disclaimers
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TELLMORA EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION:
- IMPLIED WARRANTIES of merchantability, fitness for a particular purpose, title, and non-infringement.
- WARRANTIES REGARDING AI OUTPUT: We make no warranty or representation that AI-generated illustrations, audio narration, or other AI-produced content will be accurate, complete, error-free, free from visual artifacts, consistent across sessions, or suitable for any particular purpose. AI outputs are provided on a best-effort basis.
- WARRANTIES REGARDING AVAILABILITY: We do not warrant that the Service will be uninterrupted, timely, secure, or error-free, or that defects will be corrected. The Service may be subject to scheduled and unscheduled maintenance, outages, and downtime.
- WARRANTIES REGARDING CONTENT: We do not warrant the accuracy, reliability, completeness, or timeliness of any story content, user content, or other information available through the Service.
- WARRANTIES REGARDING THIRD-PARTY SERVICES: We are not responsible for the availability, accuracy, or practices of any third-party services integrated with the Service, including Stripe, Lulu, AWS, and Replicate.
Some jurisdictions do not allow the exclusion of certain warranties. In such jurisdictions, the above exclusions apply only to the extent permitted by applicable law.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TELLMORA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH:
- Your access to, use of, or inability to access or use the Service;
- Any conduct or content of any third party on the Service;
- Any User Content or AI-generated content obtained from the Service;
- Unauthorized access to, alteration of, or loss of your transmissions, data, or content;
- The quality, accuracy, or nature of any AI-generated illustration, audio, or other output;
- The quality or condition of any print-on-demand product;
- Any interruption, suspension, or termination of the Service or your account;
WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TELLMORA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
AGGREGATE LIABILITY CAP: IN NO EVENT SHALL TELLMORA’S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU HAVE PAID TO TELLMORA IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED UNITED STATES DOLLARS (US $100.00).
The limitations of liability set forth in this section are fundamental elements of the basis of the bargain between you and Tellmora. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.
14. Indemnification
You agree to indemnify, defend, and hold harmless Tellmora, Inc. and its officers, directors, employees, agents, affiliates, successors, and assigns (collectively, the “Indemnified Parties”) from and against any and all claims, demands, actions, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees and court costs) arising out of or relating to:
- Your use of the Service or any activity under your account (including use by any person using your account with or without your authorization);
- Your User Content, including any photographs you upload and any claim that your User Content infringes, misappropriates, or otherwise violates any third party’s intellectual property, privacy, publicity, or other rights;
- Your violation or breach of any provision of these Terms, including any representation or warranty contained herein;
- Your violation of any applicable law, regulation, or order, including without limitation COPPA, intellectual property laws, privacy laws, and anti-fraud statutes;
- Any misuse of AI-generated content obtained through the Service, including but not limited to creation of deepfakes, deceptive media, or non-consensual intimate imagery;
- Any dispute between you and any third party arising from your use of the Service.
Tellmora reserves the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you agree to cooperate with our defense of such claim. You shall not settle any claim without the prior written consent of Tellmora if the settlement would impose any obligation on any Indemnified Party or would not include a full and unconditional release of all Indemnified Parties.
15. Termination
15.1 Termination by You
You may terminate your account at any time by using the account deletion feature in your account settings or by contacting us at hello@tellmora.com. Upon account deletion: (a) if you have an active paid subscription, it will be cancelled but you will not receive a refund for the remainder of the current billing period; (b) your personal data will be deleted in accordance with our data retention schedule as described in our Privacy Policy (generally within 30 days, with the exception of financial records retained for legal compliance); (c) your AI-generated illustrations will be deleted from our systems within 30 days; and (d) any family profiles (including child profiles) associated with your account will also be deleted.
15.2 Termination by Tellmora
We may suspend or terminate your account and access to the Service at any time, with or without cause, and with or without notice. Without limiting the foregoing, we may suspend or terminate your account immediately and without notice if:
- You breach or violate any provision of these Terms;
- You engage in any Prohibited Conduct described in Section 9;
- We are required to do so by law, a court order, or a regulatory authority;
- We reasonably believe that your account is being used for illegal activity, fraud, or in a manner that threatens the security or integrity of the Service or the safety of other users;
- Your payment method fails and you do not provide a valid replacement within a reasonable period.
For terminations without cause, we will provide at least 30 days’ notice via email to the address associated with your account and will offer a prorated refund for the unused portion of any prepaid subscription period. For terminations with cause (e.g., Terms violations), no refund will be provided.
15.3 Effect of Termination
Upon termination of your account, regardless of the reason:
- Your right to access and use the Service terminates immediately.
- Any licenses granted to you under these Terms are automatically revoked.
- We may, but are not obligated to, delete your User Content, AI-generated illustrations, story progress, and other data, subject to our data retention obligations under applicable law.
- We will provide you with a reasonable opportunity (at least 30 days for without-cause terminations) to download your personalized illustrations and data before deletion, where technically feasible.
- Any outstanding payment obligations survive termination and remain enforceable.
The following provisions of these Terms survive termination: Sections 5.1 (License Grant, to the extent of pre-termination content), 6.2 (Tellmora’s Retained Rights), 10 (Intellectual Property), 12 (Disclaimers), 13 (Limitation of Liability), 14 (Indemnification), 16 (Dispute Resolution), and 17 (General Provisions).
16. Dispute Resolution
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL. IT ALSO CONTAINS A CLASS ACTION WAIVER.
16.1 Informal Resolution
Before initiating any formal dispute resolution proceeding, you agree to first contact us at hello@tellmora.com with a written description of your claim, the specific relief sought, and your contact information. We will attempt to resolve the dispute informally within 60 days of receiving your notice. If the dispute is not resolved informally within that period, either party may proceed to binding arbitration as set forth below.
16.2 Binding Arbitration
Any dispute, claim, or controversy arising out of or relating to these Terms or the Service that is not resolved through informal resolution shall be resolved exclusively by binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect, as modified by this Section. The Federal Arbitration Act, 9 U.S.C. §§ 1–16, governs the interpretation and enforcement of this arbitration agreement.
The arbitration will be conducted by a single neutral arbitrator selected in accordance with AAA’s rules. Unless you and Tellmora agree otherwise, the arbitration will take place in the state of Delaware or, at your election, may be conducted remotely by videoconference or telephone. The arbitrator shall apply the substantive law of the State of Delaware (without regard to conflict-of-laws principles) and shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or part of this agreement is void or voidable.
Fees: If you initiate arbitration, your share of the arbitration fees shall not exceed the filing fee you would have paid to file a lawsuit in your jurisdiction. Tellmora will pay the remainder of the AAA fees, including the arbitrator’s compensation. If the arbitrator finds that the substance of your claim or the relief sought is frivolous or brought for an improper purpose (as measured by the standards of Federal Rule of Civil Procedure 11(b)), the allocation of fees shall be governed by the AAA rules.
16.3 Class Action Waiver
YOU AND TELLMORA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate the claims of more than one person and may not preside over any form of class, collective, or representative proceeding. If this class action waiver is found to be unenforceable with respect to a particular claim or request for relief, then that claim or request for relief shall be severed and may proceed in a court of competent jurisdiction, while the remaining claims shall proceed in arbitration.
16.4 Small Claims Exception
Notwithstanding the foregoing, either party may bring an individual action in small claims court in your county of residence or in New Castle County, Delaware, for claims that qualify for small claims court jurisdiction, provided that the action is not removed, transferred, or appealed to a court of general jurisdiction.
16.5 Opt-Out Right
You have the right to opt out of this arbitration agreement by sending written notice of your decision to opt out to hello@tellmora.com with the subject line “Arbitration Opt-Out” within 30 days of the date you first create an account on the Service. Your notice must include your full legal name, the email address associated with your account, and a clear statement that you wish to opt out of this arbitration agreement. If you opt out, neither you nor Tellmora will be required to arbitrate disputes, and both parties retain the right to litigate claims in court. Opting out of arbitration will not affect any other provision of these Terms.
16.6 Injunctive Relief
Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights, confidential information, or data security obligations.
17. General Provisions
17.1 Entire Agreement
These Terms, together with the Privacy Policy, Children’s Privacy Policy, and any supplemental terms or policies referenced herein, constitute the entire agreement between you and Tellmora with respect to your use of the Service and supersede all prior or contemporaneous agreements, understandings, representations, and warranties, whether written or oral, regarding the same subject matter.
17.2 Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction or an arbitrator, such invalidity, illegality, or unenforceability shall not affect the remaining provisions, which shall remain in full force and effect. The invalid, illegal, or unenforceable provision shall be reformed to the minimum extent necessary to make it valid, legal, and enforceable while preserving the original intent of the parties to the greatest extent possible.
17.3 Waiver
The failure of Tellmora to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. A waiver of any right or provision shall be effective only if made in writing and signed by an authorized representative of Tellmora. No waiver of any term or condition shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition.
17.4 Assignment
You may not assign or transfer these Terms, or any rights or obligations hereunder, without Tellmora’s prior written consent. Any attempted assignment or transfer in violation of this provision shall be null and void. Tellmora may assign or transfer these Terms, in whole or in part, without restriction and without your consent, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. Subject to the foregoing, these Terms shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.
17.5 Force Majeure
Tellmora shall not be liable for any failure or delay in performing its obligations under these Terms if such failure or delay results from circumstances beyond its reasonable control, including without limitation: acts of God, natural disasters, epidemics or pandemics, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, flood, power outages, Internet infrastructure failures, cyberattacks, labor disputes, supply chain disruptions, or third-party service provider outages (including outages of AWS, Stripe, Lulu, Replicate, or Vercel). In the event of a force majeure event, Tellmora’s obligations shall be suspended for the duration of the event, and Tellmora shall use commercially reasonable efforts to mitigate the impact and resume performance as promptly as practicable.
17.6 Governing Law
These Terms and any disputes arising out of or relating to them or your use of the Service shall be governed by and construed in accordance with the laws of the State of Delaware, United States of America, without regard to its conflict-of-laws principles. To the extent that a dispute is not subject to arbitration under Section 16, you consent to the exclusive personal jurisdiction and venue of the state and federal courts located in New Castle County, Delaware.
17.7 Notices
Notices from Tellmora to you may be provided by email to the address associated with your account, by posting on the Service, or by other reasonable means. Notices are deemed received when sent by email (unless the sending party receives an automated bounce-back), when posted on the Service, or when delivered by other means. Notices from you to Tellmora must be sent to hello@tellmora.com and are deemed received upon confirmation of receipt.
17.8 Headings
The section and subsection headings in these Terms are for convenience only and have no legal or contractual effect.
17.9 Electronic Communications
By using the Service, you consent to receiving electronic communications from Tellmora, including emails, in-app notifications, and notices posted on the Service. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
18. Contact Information
If you have any questions, concerns, or feedback regarding these Terms of Service, please contact us:
Tellmora, Inc.
Attn: Legal Department
[Address to be inserted upon incorporation]
Email: hello@tellmora.com
For DMCA copyright infringement notices, please use the subject line “DMCA Notice” when emailing the address above.
For dispute resolution and arbitration opt-out notices, please use the subject line “Arbitration Opt-Out” when emailing the address above.
For parental consent inquiries and COPPA-related requests, please use the subject line “COPPA Inquiry” when emailing the address above.