Terms and Conditions

Terms and Conditions

1. Introduction

Welcome to the Opoveste app (the "Application"), created by StudioBe (the "Service Provider"). These terms and conditions (the "Terms") govern your use of the Application. Please read these Terms carefully before using the Application. By accessing or using the Application, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Application.

2. Definitions

For clarity, the following definitions apply to these Terms:

2.1. User: An individual who accesses and uses the Application to create and read stories for children. Users may include parents, guardians, or other adults using the Application on behalf of children.

2.2. Application: The Opoveste app provided by the Service Provider, enabling users to create, explore, and share personalized stories for children.

2.3. Story: Content created by users in the Application, including text, illustrations, and other multimedia elements intended for children.

2.4. Parental Preferences: Options and choices made by parents or guardians regarding the content, style, and other aspects of stories created for their children, such as themes and characters.

2.5. Service Provider: StudioBe, the creator of the Opoveste App.

3. Consent

Upon downloading or utilizing the Application, you are automatically agreeing to the following terms. It is strongly advised that you thoroughly read and understand these terms prior to using the Application. Unauthorized copying, modification of the Application, any part of the Application, or our trademarks is strictly prohibited. Any attempts to extract the source code of the Application, translate the Application into other languages, or create derivative versions are not permitted. All trademarks, copyrights, database rights, and other intellectual property rights related to the Application remain the property of the Service Provider. If you do not agree with any of the provisions of these terms and conditions, please do not use our app.

4. Personal Data

In the course of using our app, we collect personal data and use behavioral advertising technologies to display personalized ads through the Google AdMob platform. This data may include your name, surname, email address, and preferences expressed within the app for creating children's stories. Collecting this information is necessary to personalize the user experience and provide relevant content tailored to the expressed preferences.

The Application stores and processes personal data that you have provided to the Service Provider in order to provide the Service. It is your responsibility to maintain the security of your phone and access to the Application. The Service Provider strongly advise against jailbreaking or rooting your phone, which involves removing software restrictions and limitations imposed by the official operating system of your device. Such actions could expose your phone to malware, viruses, malicious programs, compromise your phone's security features, and may result in the Application not functioning correctly or at all.

By using our app and accepting these terms and conditions, you agree to the collection and processing of your personal data and the display of personalized ads through Google AdMob, in accordance with these terms and conditions.

Please note that the Application utilizes third-party services that have their own Terms and Conditions. Below are the links to the Terms and Conditions of the third-party service providers used by the Application:

• Google Play Services

• AdMob

• Google Analytics for Firebase

• Firebase Crashlytics

5. Privacy

We are committed to handling your personal data in accordance with applicable data protection laws. We will not share, transfer, or disclose your personal data to third parties without your consent, except as required by law or to provide our services.

6. User Responsibilities

We aim to create a safe, ethical, and friendly experience for all users of our application. As such, you have the following responsibilities as a user:

• Preliminary Contact in Case of Copyright Claim
  If you believe that any story generated by our application infringes upon your copyright (or that of a third party) on original texts, you are required to contact us before taking any legal action. All stories are generated automatically by artificial intelligence, and any potential copyright infringement is entirely unintentional. Upon receiving your notification, we will take necessary actions as promptly as possible to correct, modify, or remove the relevant content.

• Appropriate Behavior in the Application
  This application is intended for a young audience, and you are expected to use it in a respectful and responsible manner. It is strictly forbidden to:

  • Use aggressive, abusive, threatening, obscene, or otherwise inappropriate language for children.

  • Create content or stories that include words or themes unsuitable for children.

Any inappropriate behavior will result in warnings. After three warnings, your account will be restricted for a period of seven days, with limitations such as the inability to create stories, comment, or change your name, username, or profile picture. For a second restriction, the duration will be permanent. Warnings last for three days and do not impose additional restrictions.

• User Profile
  If you use an inappropriate profile picture or username (e.g., vulgar or sexual in nature), we reserve the right to forcibly modify these elements and permanently restrict your ability to change them in the future.
  Impersonating another user by using the same profile picture, name, surname, or username is strictly prohibited. In such cases, we reserve the right to make necessary changes and to limit access to profile editing functions.

• Repeated Violations and Sanctions
  In case of repeated violations of our conduct and usage rules, we reserve the right to suspend or even permanently delete your account. This may include restricting the creation of any future accounts.

• Technical and Legal Prohibitions
  Any attempt to impersonate the application, alter its functionality, or engage in hacking activities is strictly forbidden and will lead to legal action in accordance with Romanian law.

• Retention of Data in Case of Violations
  If, due to breaches of the usage rules, you receive warnings or account restrictions, we reserve the right to retain your email address and details of all associated violations in our database. This measure is implemented to ensure the security of the application and to prevent evasion of sanctions through voluntary account deletion. Data collected regarding violations will be stored permanently in our database, regardless of whether sanctions are active or have been served in the past.

• Maintaining Authentication Data Security
  You are responsible for securing your login credentials (such as username and password) and for preventing unauthorized access to your account. Do not share this information with others and take appropriate steps to protect your account.

• Reporting Suspicious Activities
  Please notify us immediately if you observe any suspicious or unauthorized activities within the application. Prompt reporting helps us maintain the security and integrity of our application.

• Active Internet Connection

Please be aware that the Service Provider does not assume responsibility for certain aspects. Some functions of the Application require an active internet connection, which can be Wi-Fi or provided by your mobile network provider. The Service Provider cannot be held responsible if the Application does not function at full capacity due to lack of access to Wi-Fi or if you have exhausted your data allowance.

If you are using the application outside of a Wi-Fi area, please be aware that your mobile network provider's agreement terms still apply. Consequently, you may incur charges from your mobile provider for data usage during the connection to the application, or other third-party charges. By using the application, you accept responsibility for any such charges, including roaming data charges if you use the application outside of your home territory (i.e., region or country) without disabling data roaming. If you are not the bill payer for the device on which you are using the application, they assume that you have obtained permission from the bill payer.

Similarly, the Service Provider cannot always assume responsibility for your usage of the application. For instance, it is your responsibility to ensure that your device remains charged. If your device runs out of battery and you are unable to access the Service, the Service Provider cannot be held responsible.

By accepting these responsibilities, you agree to use the application ethically and according to its purpose. Failure to comply with these rules may result in sanctions, including suspension or permanent deletion of your account. 

7. Changes to Terms and Conditions

It is important to ensure that you periodically check these terms and conditions to stay informed about any changes. If we make significant changes to these terms and conditions, we will properly notify you of these changes. Notification of changes will be made clearly and visibly through an announcement in the app or by other means of communication, such as email or push notifications. Continued use of the app after notification of changes will constitute your acceptance of the new terms and conditions.

8. Disclaimer

The app is provided "as is" and "as available." We make no express or implied warranties regarding the app or its content. We assume no liability for any damage or loss that may result from using the app.

It is important to emphasize that the stories created by users of our app are their sole responsibility. Although we make efforts to provide a safe and suitable platform for creating and distributing children's stories, we do not assume responsibility for user-created content.

Users are entirely responsible for the content they create and distribute within our app. This includes, but is not limited to, texts, illustrations, dialogues, and any other multimedia content created within the app.

We reserve the right to remove or restrict access to content that violates our terms and conditions or is deemed inappropriate, offensive, or illegal in any way. However, we cannot guarantee that we will promptly identify or remove all inappropriate or illegal content.

Users are advised to use our app responsibly and respect the rights and feelings of other users. By using our app, you agree to this responsibility statement and commit not to create or distribute content that violates our terms and conditions or may be considered harmful, offensive, or illegal in any way.

9. Limitation of Liability

We are limited to liability for any direct damages caused by using the app. We are not responsible for any indirect, special, consequential, or exemplary damages.

You should know that there are certain aspects for which we do not assume responsibility. Some features of the app will require it to have an active internet connection. The connection may be Wi-Fi or provided by your mobile network provider, but we cannot be held responsible if the app does not function at full capacity if you do not have access to Wi-Fi and have no remaining data volume.

When using the app, it is important to note that, although we strive to ensure it is up-to-date and correct at all times, we rely on third parties to provide us with information, so that we can make it available to you. We accept no responsibility for any loss, direct or indirect, you experience as a result of relying solely on this app functionality.

10. Updates and Service Interruption

At some point, we may wish to update the app. The app is currently available on Android and iOS - the requirements for both systems (and for any additional systems we decide to extend the app's availability to) may change, and you will need to download updates if you want to continue using it. We do not promise that we will always update the app so that it is relevant to you and/or works with the Android & iOS version you have installed on your device. However, you agree to always accept the app updates when offered. We may also wish to stop providing the app and may terminate its use at any time without prior notice of termination to you. Unless we inform you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will cease; (b) you must stop using the app and (if necessary) delete it from your device.

11. Applicable Law and Jurisdiction

These Terms and Disclaimer are governed by and interpreted in accordance with Romanian laws. Any disputes that may arise in connection with these Terms and Disclaimer will be subject to the exclusive jurisdiction of the competent courts of Romania.

12. Intellectual Property

All intellectual property rights over the stories created within this app, as well as intellectual property rights over the app and its content, are owned by us or our licensors. You do not have permission to use the app's content without our prior written consent.

13. Effective Date

These Terms are effective as of 2024-02-03. Use of the Application constitutes acceptance of these Terms.

14. Contact Us

For questions or suggestions about these Terms, please contact us at: graphicpixelai@gmail.com.

Please make sure you read the Privacy Policy.