Terms of Service

Welcome to Koko Tales

The platform that empowers users to create, share, and enjoy captivating stories.

Introduction

These Terms of Use and End User License Agreement (collectively, the “Agreement”) together with all the documents referred to in it constitute a legally binding agreement made between you as a natural person (“you”, “your” or “user”) and Shabo Pay. (“we,” “us” or “our”), concerning your access to and use of “Koko Tales・Breath-taking AI Story Generator” software application for mobile devices (the “App”).

Please read this Agreement carefully before you download, install or start using the App.

It is important that you read and understand this Agreement as by downloading, installing or using the App you indicate that you have read, understood, agreed and accepted the Agreement, which takes effect on the date on which you download, install or start using the App.

If you do not accept this Agreement, or do not agree with at least one of its provisions, you may not access, download, install or start using the App, or in case you have already done anything of the above, you must delete the App from any mobile device in your possession or under your control.

Definitions

Trial Users: Those who explore the platform without a paid subscription.
Paying Members: Subscribed users enjoying enhanced features with a paid subscription.
Users: refers to Trial Users or Paying Members.

Rejection

We reserves the right to decline any story submission.

Edits

We may edit Trial Users' stories for grammar, spelling, and length.

Content

Your interaction with the App (“Input”) yields generated content (“Output”). Together, they form “Content.” While you retain ownership of Input, We owns Output generated by Trial Users. Paying Members own their Output. We may utilise Content to enhance the platform, adhere to legal requirements, and enforce policies. You're responsible for ensuring shared Content complies with laws and terms. Due to machine learning, Output may not be unique, as multiple users may receive similar results. By using the App, you permit us to use Content to improve our services.

Sharing

Users can share stories via social media or other channels.

Account Deletion

To delete your account, access Delete Account menu under settings or fill this form (Delete Account).

Prohibited Content Clause

Users are strictly prohibited from generating or attempting to generate stories that may be inappropriate for minors. This includes, but is not limited to, the following:

Sexually explicit or suggestive content. Violations of this clause may result in the immediate deletion of the offending stories and the termination of the user's account. We are committed to maintaining a safe and appropriate environment for all users, particularly minors.

Other general restrictions and terms related to the use of the App.

You shall not make the App available to any third parties. In addition, you shall not modify, translate it into other languages, reverse engineer, decompile, disassemble or otherwise create derivative works based on the App or any documentation related to it.

You shall not transfer, lend, rent, lease, distribute the App, or use it for providing services to a third party, or grant any rights to the App or any documentation concerning the App to a third party.

Misuse of any trademarks or any other content displayed on the App is prohibited.

You shall not copy, duplicate, distribute, publish, or use any content of the App, directly or indirectly, in a way that constitutes a violation of our Intellectual Property Rights.

You shall not make any attempts to use the App or part thereof for malicious intentions.

We are not responsible for the way you use the App.

IT IS ALSO STRICTLY PROHIBITED TO USE ANY COPYRIGHTED AND/OR TRADEMARKED MATERIALS AS INPUT CONTENT OR WHEN YOU ENTER ANY OTHER DATA WHILE USING THE APP.

We are entitled to adopt, against any user who violates the present Agreement, any legal measures at our disposal pursuant to the applicable laws.

Availability of the App, Security and Accuracy

In order to use the App, you are required to have a compatible mobile phone or tablet, and Internet access.

The App is available for downloading and installing on handheld compatible mobile devices running Apple iOS Operating System 14.0 or later.

We do not warrant that the App will be compatible with all hardware and software that you may use.

We make no warranty that your access to the App will be uninterrupted, timely or error-free.

You acknowledge that the App requires Internet connection, therefore, the quality and availability of the App may be affected by factors beyond our control.

Please note that we may change or update the App without notifying you. We may suspend your access to the App, or close it indefinitely in case we have a valid reason for that.

You warrant that any information that you submit to us is true, accurate and complete, and you agree to keep it up-to-date at all times.

The version of the App may be upgraded from time to time for the sake of adding new functions and services.

You can discontinue using our Services at any time by choosing the relevant option in your Apple ID or Google Account Settings. In case you decide to stop using the App for any reason you should undertake necessary steps to uninstall it.

Fees

The App is provided on a free basis. Once you download the App, you will have access to its basic features.

Access to some services and/or additional features within the App (“Premium options”) requires paid subscriptions.

The full list of Premium options and pricing are provided on the App's page. You may have an opportunity to try Premium options during the free trial period as provided on the subscription screen. After the free trial period expires an auto-renewing subscription period will start on a regular basis. Please mind that you will be charged automatically unless you cancel your subscription at least 24 hours before the end of the free trial period. When you cancel your subscription, you will still have access to basic features of the App.

You can choose different subscription options. Subscription prices are in Great Britain Pounds and may vary in countries other than the United Kingdom. You will have all necessary information about your subscription plan and duration of the free trial period on the subscription screen before the purchase.

Subscription with a free trial period will automatically renew to a paid subscription. Any unused portion of the free trial period, if offered, will be forfeited when the user purchases a subscription, where applicable. We reserve the right to modify, terminate or otherwise amend our offered subscription plans at any time.

Your subscription will be automatically renewed within 24 hours before the current subscription ends. Auto-renew option can be turned off in your Apple ID or Google Play Account Settings at least 24 hours before the current subscription ends. Payment will be charged to Apple ID or Google Play Account at confirmation of purchase. No cancellation of the current subscription is allowed during the active subscription period. Subscriptions are managed by you. Learn more about managing subscriptions (and how to cancel them) on Apple support page / Google’s support page. Please note that removing the App from your device does not deactivate your subscription.

You may be charged by your communications service provider for downloading and/or accessing the App on your mobile phone or tablet device, so you should check the terms of agreement with your operator. This may include data roaming charges if you download/access the App outside the state of your permanent residence. All these charges are solely your responsibility. If you do not pay the bills related to your mobile phone or tablet device, then we assume that you have the permission from the person that does it before incurring any of these charges.

Termination

We reserve the right to terminate or suspend accounts for violations without prior notice. To terminate your account, access Delete Account menu under settings or fill this form (Delete Account). Upon account deletion, Content becomes inaccessible and is deleted after 30 days.

We reserve the right to terminate this Agreement at any time at our sole discretion for any reason.

Upon any termination, (a) the rights and licenses granted to you herein shall terminate; (b) you must cease all use of the App.

Disclaimer

YOU AGREE THAT YOUR USE OF THE APP AND ITS SERVICES SHALL BE AT YOUR SOLE RISK. THE SERVICES AND ALL THE MATERIALS, INFORMATION, SOFTWARE, CONTENT INTEGRATED IN THE APP ARE PROVIDED “AS IS” AND “AS AVAILABLE”. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO THE MERCHANTABILITY, TECHNICAL COMPATIBILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY SERVICE, PRODUCTS OR MATERIAL PROVIDED PURSUANT TO THIS AGREEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED ON OR THROUGH THE SERVICES WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY KIND OF VIOLATION ARISING FROM YOUR USE OF THE APP, INCLUDING ANY BREACH OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR DUE TO ANY UNAUTHORISED ACCESS OR OTHER ILLEGAL ACTIONS BY ANY THIRD PARTY.

WE DO NOT GUARANTEE THAT THE RESULT OF SERVICE WILL MEET YOUR EXPECTATIONS. PLEASE NOTE THAT IN CERTAIN CASES THE COLOR OF HUMAN SKIN CAN BE MISREPRESENTED DUE TO THE ERROR OF THIRD-PARTY ALGORITHM EMBEDDED INTO THE APP. TO AVOID CASES OF SUCH MISREPRESENTATION, WE SUGGEST YOU DEFINE THE SKIN TONE OF THE CHARACTER YOU USE IN THE PLOT OF YOUR STORY CREATION.

Limitation of Liability. Indemnification

IN NO EVENT SHALL WE BE LIABLE FOR DAMAGES OF ANY TYPE, WHETHER DIRECT OR INDIRECT, ARISING OUT OF OR IN ANY WAY RELATED TO THE APP, USER CONTENT AND SERVICES PROVIDED BY THE APP. WE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, OR LOSS OF PROFIT OR REVENUES, EVEN IF WE HAVE BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO PRODUCTS, SERVICES AND/OR INFORMATION OFFERED OR PROVIDED BY ANY THIRD-PARTIES AND ACCESSED THROUGH THE APP OR BY ANY OTHER MEANS. YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR COSTS OR DAMAGES ARISING OUT OF PRIVATE OR GOVERNMENTAL LEGAL ACTIONS RELATED TO YOUR USE OF THE APP IN ANY COUNTRY.

You also acknowledge and agree that your any use of the App or/and User Content is at your sole risk. You assume your full responsibility arising out of your use of the App and/or use, other exploitation, further sharing and distribution of any User Content. In addition, you hereby agree to hold harmless and indemnify us, our successors, assigns, licensees, partners, affiliates, officers, directors, employees from and against any and all claims, liabilities, complaints, losses, expenses and damages of any kind or nature arising out of your use of the App, any use, other exploitation, further sharing and distribution of User Content or out of your failure to comply with the terms of the present Agreement.

Third-party Beneficiary

You acknowledge and agree that Apple and Google, and Apple’s and Google’s subsidiaries are the third-party beneficiaries of the present Agreement, and that upon your acceptance of the terms and conditions of the present Agreement, Apple and Google will have the right (and will be deemed to have accepted the right) to enforce this Agreement as a third-party beneficiary thereof.

Governing Laws and Claims

Choice of law and choice of forum clauses. The present Agreement shall be governed by and interpreted, construed in accordance with the laws of England and Wales.

All disputes and claims, suits, causes of action or proceedings between the parties to this Agreement, whether sounding in contract, tort, equity, law, or otherwise, including those arising out of or related to this Agreement, inter alia, pertinent to its performance, alleged breach shall be (i) governed by and construed in accordance with the law of England and Wales , excluding and without giving effect to its choice of law provisions; and (ii) shall be exclusively decided by the courts of competent jurisdiction of England and Wales, to the exclusion of other courts and fora.

We make no representations that the App is appropriate or available for use outside of the United Kingdom. Those who access or use the App from other jurisdictions do so at their own volition and are responsible for compliance with local law.

a) ensuring that what you are doing in that country is legal; and
b) the consequences and compliance by you with all applicable laws, regulations, bylaws, codes of practice, licenses, registrations, permits and authorisations.

Class Action Waiver. WHILE RESOLVING ANY DISPUTE WITH US AND/OR SEEKING ANY RELIEF FROM US YOU EXPRESSLY AGREE TO WAIVE THE RIGHT TO PURSUE AND/OR PARTICIPATE IN ANY TYPE OF CLASS ACTION LAWSUITS AND/OR PROCEEDINGS.

If any controversy, allegation, or claim (including any non-contractual claim) arises out of or relates to the App and the Services provided by the App or this Agreement, then you and we agree to send a written notice to each other providing a reasonable description of the dispute, along with a proposed resolution of it. The notice shall be sent based on the most recent contact information. For a period of sixty (60) days from the date of receipt of notice from the other party, you and us will engage in a dialogue in order to attempt to resolve the dispute, though nothing will require either you or us to resolve the dispute on terms which either you or us, in each of our sole discretion, are uncomfortable with.

Changes

We may modify these terms at our discretion.

Waiver

Our failure to enforce any provision is not a waiver of rights.

Severability

If at any time any provision of this Agreement is or becomes illegal, invalid or unenforceable in any respect, that provision shall be more narrowly construed so that it becomes legal, valid and enforceable or, if this is not possible, deleted. The other terms of this Agreement shall continue to apply with full force and effect.

You shall not assign or transfer or purport to assign or transfer the contract between you and us to any other person.

Contact Us

We reserve the right to respond to user support requests. If you have queries, want to submit a support request or have any questions about this Agreement or the App, please contact us via our [email protected]

Last updated: July 2024.