Terms of Use

Last modification: November 4, 2023

ARTICLE 1: Purpose

These "Terms of Use" govern the legal framework for the use of THE FABLE STUDIO website (accessible at thefablestudio.co) and its services.

This contract is entered into between:

The website owner, hereinafter referred to as "the Publisher,"

Any natural or legal person wishing to access the site and its services, hereinafter referred to as "the User."

The Terms of Use must be accepted by every User, and accessing the site constitutes acceptance of these terms.

ARTICLE 2: Legal Notices

For legal entities:

The site THE FABLE STUDIO is published by the micro-enterprise thefablestudio, headquartered in Grenoble.

ARTICLE 3: Access to Services

The User of THE FABLE STUDIO website has access to the following services:

Any User with internet access can access the site for free from anywhere. The costs incurred by the User to access it (internet connection, computer equipment, etc.) are not the responsibility of the Publisher.

The site and its various services may be interrupted or suspended by the Publisher, particularly for maintenance, without prior notice or justification.

ARTICLE 4: User's Responsibility

The user is responsible for how they use the services offered by THE FABLE STUDIO. They are required to adhere to the ethical and conduct rules outlined in these Terms of Use.

By using the AI-based animated story generation tools, the user agrees not to create, share, or promote content that:

The user is responsible for the risks associated with the use of their login credentials and password. The user's password must remain confidential. In case of password disclosure, THE FABLE STUDIO disclaims any responsibility.

The user assumes full responsibility for their use of the information and content present on THE FABLE STUDIO site. In case of violation of the above content restrictions, the User may be held liable for any resulting damages.

Any use of the service by the User that directly or indirectly results in damages must be subject to compensation in favor of THE FABLE STUDIO.

THE FABLE STUDIO allows members to post comments. The member agrees to make respectful remarks towards others and the law, and accepts that these posts may be moderated or rejected by THE FABLE STUDIO, without the need for justification.

By posting on the site, the User grants THE FABLE STUDIO the non-exclusive and free right to represent, reproduce, adapt, modify, distribute, and disseminate their publication, directly or through an authorized third party. The User agrees not to infringe on any third party rights.

However, THE FABLE STUDIO commits to giving credit to the member in case of using their publication.

ARTICLE 5: Publisher's Responsibility

Any server or network malfunction cannot hold the Publisher liable.

Similarly, the site's liability cannot be engaged in case of force majeure or the unforeseeable and insurmountable act of a third party.

THE FABLE STUDIO website commits to implementing all necessary means to ensure the security and confidentiality of data. However, it does not provide a guarantee of complete security.

The Publisher reserves the right to not guarantee the reliability of sources, even though the information published on the site is considered reliable.

ARTICLE 6: Subscription Information and Policies

THE FABLE STUDIO offers various monthly subscription plans ("Subscriptions") that come with different features and pricing levels. These Subscriptions are billed on a recurring basis.

All payments for Subscriptions are processed using third-party payment gateways, including but not limited to Stripe. THE FABLE STUDIO is not responsible for the performance of any third-party payment processing services.

No refunds are provided for any Subscriptions except in special circumstances, which are determined at the sole discretion of THE FABLE STUDIO. The user agrees to abide by this no-refund policy upon subscribing to any Subscription plan.

The user may cancel their Subscription at any time. Upon cancellation, the user will not be billed for subsequent billing cycles, but no refunds will be made for any previous payments.

THE FABLE STUDIO reserves the right to modify or terminate any Subscription plan, or the Subscription terms, at any time, with or without notice. It is the user's responsibility to stay updated with any changes to the Subscription plans or terms.

THE FABLE STUDIO shall not be liable for any damages, financial or otherwise, resulting from the user's Subscription, including but not limited to any unauthorized use of the user’s financial information or payment method, inability to use the service, or any other damages related to the Subscription.

The user agrees to defend, indemnify, and hold harmless THE FABLE STUDIO, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way related to the user's Subscription.

ARTICLE 7: Limitation of Liability Related to the Use of Artificial Intelligence

THE FABLE STUDIO employs Artificial Intelligence (AI) technologies to generate certain content on the site. These technologies, though developed and used rigorously, are inherently subject to imprecision and uncertainty and can produce unexpected or incorrect results.

As a result, THE FABLE STUDIO does not guarantee the accuracy, reliability, fitness for a particular purpose, or relevance of AI-generated content. The user accepts that the use of this AI-generated content is at their own risk.

Under no circumstances will THE FABLE STUDIO be liable to the user or any other party for any direct, indirect, special, exemplary, punitive, or other damages arising from or related to the use of AI-generated content, including, without limitation, damages for loss of business, interruption of activities, loss of profits, loss of data, damage to reputation, or any other intangible loss, even if THE FABLE STUDIO has been informed of the possibility of such damages.

The user agrees to defend, indemnify, and hold harmless THE FABLE STUDIO, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal and accounting fees, arising out of or in any way related to the user's access or use of AI-generated content.

Article 9: Video Usage Terms

By agreeing to these Terms and Conditions, the user grants THE FABLE STUDIO the right to use videos posted in public mode on our services. These videos may be shared and promoted on our social media platforms, including but not limited to TikTok and YouTube, for marketing or advertising purposes of THE FABLE STUDIO.

During the video creation process, users have the option to share their story in the Gallery by selecting 'Share your story in the Gallery?' When this option is chosen, the video will be deemed public and will automatically be added to the gallery feed, which is accessible at https://thefablestudio.co/discover/. Users should expect their story to be public and visible to all visitors of the gallery feed.

Videos posted in private mode by the user remain the exclusive property of the user. THE FABLE STUDIO commits not to use, share, or display these private videos in any way without the explicit consent of the user.

This section outlines the rights and responsibilities related to the use and ownership of videos submitted on THE FABLE STUDIO's platform, whether shared publicly or privately by users.

Users are encouraged to carefully consider their choice of sharing mode for their videos, understanding that videos shared in public mode may be used by THE FABLE STUDIO for its own promotional purposes. On the other hand, choosing private mode ensures that the video's use remains under the full control of the user.

ARTICLE 9: Affiliate Program Terms and Conditions

THE FABLE STUDIO offers an affiliate program that allows Users ("Affiliates") to earn commissions by referring new customers to our services. Participation in the affiliate program is subject to the following terms and conditions:

The Affiliate Program is a marketing collaboration where the Affiliate promotes THE FABLE STUDIO's services and, in return, receives a commission for each successful referral that results in a sale.

Affiliates will earn a 25% commission on all payments made by referred customers. The commission is calculated based on the net value of the sale, excluding taxes, refunds, and chargebacks.

All affiliate earnings are paid in U.S. Dollars (USD) regardless of the country in which the Affiliate resides. Payments are processed within three business days from the request date.

Affiliates should act in good faith to promote THE FABLE STUDIO services in a manner that is legal and ethical. THE FABLE STUDIO provides protections against fraudulent activities by monitoring transactions for any suspicious activity. Affiliates found engaging in fraudulent activities will have their accounts terminated and earnings forfeited.

Affiliates are prohibited from using spam or any form of unsolicited messages to promote THE FABLE STUDIO services. Any use of misleading or unethical practices is strictly forbidden. Affiliates are expected to comply with all applicable laws and regulations, including but not limited to those related to advertising and privacy.

THE FABLE STUDIO is not liable for any indirect or accidental damages resulting from the Affiliate's marketing activities. The Affiliate is responsible for any legal issues that arise due to their promotional practices.

THE FABLE STUDIO reserves the right to update and change the Affiliate Program terms and conditions without notice. Affiliates are responsible for staying informed about any changes to the program terms.

Affiliates should ensure they have read and understood all the terms and conditions of the Affiliate Program before participating. By joining the program, Affiliates agree to be bound by these terms and conditions.

For further inquiries or clarification regarding the Affiliate Program, Affiliates may contact THE FABLE STUDIO's support team at contact@thefablestudio.co

ARTICLE 10: Intellectual Property

The content of THE FABLE STUDIO site (logos, texts, graphics, videos, etc.) is protected by copyright under the Intellectual Property Code.

The User must obtain the consent of the site's publisher before reproducing, copying, or publishing any of these various contents.

These contents may be used by users for private purposes; any commercial use is prohibited.

The User is fully responsible for any content they upload and agrees not to harm a third party.

The site's Publisher reserves the right to moderate or delete content posted by users freely and at any time, without justification.

ARTICLE 11: Personal Data

The User must provide personal information for registration on the site.

The user's email address may be used by THE FABLE STUDIO site for various communications and account management.

By registering on THE FABLE STUDIO site, the User expressly consents to receive promotional material, newsletters, and other marketing communications from THE FABLE STUDIO.

The User has the option to unsubscribe from such communications at any time by using the unsubscribe links provided at the bottom of each email. Such unsubscription will not affect the legality of the processing based on consent prior to its withdrawal.

THE FABLE STUDIO guarantees the user's privacy, in accordance with Law No. 78-17 of January 6, 1978, relating to information technology, files, and freedoms.

Under Articles 39 and 40 of the law of January 6, 1978, the User has the right to access, rectify, delete, and object to their personal data. The User can exercise this right by:

ARTICLE 12: Privacy Policy

For more detailed information regarding the collection, use, and storage of your personal data, please refer to our Privacy Policy.

ARTICLE 13: Hypertext Links

The domains to which hypertext links on the site lead do not engage the responsibility of THE FABLE STUDIO's Publisher, as they have no control over these links.

It is possible for a third party to create a link to a page on THE FABLE STUDIO site without the publisher's express authorization.

ARTICLE 14: Evolution of the Terms of Use

The site THE FABLE STUDIO reserves the right to modify the clauses of these terms of use at any time and without justification.

ARTICLE 15: Contract Duration

The duration of this contract is indefinite. The contract takes effect for the User from the start of using the service.

ARTICLE 16: Applicable Law and Jurisdiction

This contract is subject to French law.

In case of unresolved disputes between the User and the Publisher, the French courts have jurisdiction to settle the dispute.