1. Eligibility and User Accounts

a. Age: The Service is not intended for children.

• Over 18: You must be at least 18 years old to create an account and purchase Credits.
• 13-18: If you are between the ages of 13 and 18, you may only use the Service with the express consent and active supervision of a parent or legal guardian who agrees to be bound by these Terms on your behalf.
• Under 13: The Service is not directed to children under 13, and you may not use the Service if you are under 13.

b. Account Security: When you create an account, you agree to:

• Provide accurate, current, and complete information.
• Keep your password confidential and not share it with any third party.
• Be solely and fully responsible for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.

2. The Service: Credits and Payments

a. The Model: We operate on a "Freemium" model.

• Free Service: We may offer a free tier which includes one (1) "Free Credit" upon sign-up and the ability to generate Outlines.
• Paid Service: To generate additional Novels, you must purchase "Credits." A Credit is a digital token that is redeemed to generate one (1) Novel.

b. Credits:

• Credits are purchased in packs as offered in the App's "Store."
• Credits have no cash value, are non-transferable, and cannot be resold or exchanged for cash.
• Credits do not expire as long as your account remains active. However, if your account is terminated for a breach of these Terms, all remaining Credits will be forfeited without a refund.

c. NO REFUND POLICY - PLEASE READ CAREFULLY

• All Purchases are Final: You acknowledge that a Credit is a digital consumable good. When you purchase a Credit pack, you are receiving the full value of that digital good immediately. All purchases are final, non-refundable, and non-cancellable.
• Redeemed Credits are Non-Refundable: A Credit is considered "used" or "redeemed" the moment you click the final confirmation on the generation prompt and the AI generation process begins. Once a Credit is used, it is permanently consumed and cannot be refunded, returned, or credited back to your account under any circumstances.
• No Refunds for Dissatisfaction: We do not offer refunds if you are dissatisfied with the quality, style, or content of the AI-generated Novel. The output of the AI is subjective, and you are paying for the act of generation (the compute cost), not for a guaranteed perfect product.
• Statutory Rights: This policy does not affect any non-excludable statutory rights you may have as a consumer under the laws of England and Wales.

3. Intellectual Property

a. Your Prompts: You retain all ownership rights to the original text, ideas, plot summaries, and themes you submit to the Service (your "Prompts").

b. Your Generated Novels: To the fullest extent permitted by law, Simpaira Ltd. assigns to you all of its rights, title, and interest (if any) in the final Novel generated by the Service specifically for you, based on your Prompts.

c. Publicly Published Content: If you choose to publish your Novel to the public "Browse" page:

• You grant Simpaira Ltd. a non-exclusive, worldwide, royalty-free, sublicensable license to use, display, reproduce, modify (e.g., for formatting), and distribute your Novel for the limited purposes of operating, promoting, and improving the App.
• This license allows us to show your novel to other users.
• This license ends when you unpublish or delete your Novel from the Service.

d. Our Intellectual Property: The Service itself—including the "FableKit" name, logo, all source code, UI/UX design, graphics, and other content created by us—is the exclusive property of Simpaira Ltd. and is protected by copyright, trademark, and other laws. You may not copy, modify, or create derivative works based on our property without our express written permission.

4. Data Privacy (GDPR) and AI Training

a. Privacy Policy: Your privacy is paramount. All personal data you provide is collected and processed in accordance with our separate Privacy Policy, which is compliant with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018.

b. OUR "NO-TRAINING" PLEDGE

• We value your creative integrity. We will not use your Prompts or your generated Novels to train or improve our AI models or the models of our third-party AI partners.
• The license you grant us in Section 3(a) is strictly limited to the technical function of generating your content and providing the Service to you.

5. Acceptable Use Policy

You agree not to do, or attempt to do, any of the following:

• Use the Service to generate content that is hateful, defamatory, violent, harassing, discriminatory, or sexually explicit.
• Use the Service to generate content that infringes on any third-party's rights, including copyright, trademark, or right of publicity.
• Use the Service to generate spam, malware, or to conduct any illegal activity.
• Reverse-engineer, decompile, or otherwise try to extract the source code of the App.
• Use any automated means (e.g., bots, scrapers) to access the Service, create accounts, or scrape content.
• Attempt to "jailbreak" or bypass the safety filters and content restrictions of the AI models.
• Resell, sublicense, or otherwise provide access to the Service or your Credits to any third party.

Violation of this policy may result in immediate account termination, forfeiture of all Credits, and potential legal action.

6. AI Content - Disclaimers and Your Responsibilities

THIS IS A CRITICAL SECTION. YOU MUST ACKNOWLEDGE THE RISKS OF AI.

The Service uses generative artificial intelligence. You understand and agree to the following:

a. No Guarantee of Non-Infringement: The AI is trained on vast amounts of data. We do not and cannot guarantee that your generated Novel will be free of similarities to existing works or that it will not infringe on a third-party's copyright. You are solely responsible for reviewing your Novel for any potential infringement.

b. No Guarantee of Copyright: The law surrounding copyright for AI-generated works is new, complex, and varies by jurisdiction. We make no representation or warranty that you will be able to claim, register, or enforce copyright in your generated Novel.

c. No Guarantee of Accuracy or Safety: The AI may produce content that is factually inaccurate, nonsensical, offensive, or harmful. Simpaira Ltd. has no control over the content generated by the AI and disclaims all liability for it. You agree to review all generated content and use it at your own risk.

d. No Guarantee of Uniqueness: The AI may produce the same or similar output for other users who enter similar prompts. Your Novel may not be unique.

7. Copyright Takedown Policy (DMCA/E-Commerce Regs)

We respect intellectual property. If you are a copyright owner and believe that content on our "Browse" page infringes your copyright, please send a formal notice to our Copyright Agent at info@simpaira.com containing all information required by applicable law (e.g., the UK E-Commerce Regulations 2002 or the US DMCA). We will investigate and remove infringing content, and we reserve the right to terminate the accounts of repeat infringers.

8. Termination

a. Termination by You: You may stop using the Service and delete your account at any time.

b. Termination by Us: We reserve the right to suspend or terminate your account and access to the Service, without notice or liability, for any reason, including but not limited to, a breach of these Terms (especially the Acceptable Use Policy).

c. Effect of Termination: Upon termination, your right to use the Service ceases immediately. You will not be entitled to a refund for any unused Credits if your account is terminated for a breach of these Terms. We may also, at our discretion, delete all data, Prompts, and Novels associated with your account.

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, Simpaira Ltd. EXPLICITLY DISCLAIMS ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR THAT THE AI-GENERATED CONTENT WILL BE ACCURATE, ORIGINAL, OR SAFE.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Simpaira Ltd. OR ITS DIRECTORS, EMPLOYEES, OR PARTNERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING:

• LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES.
• ANY DAMAGES ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE SERVICE.
• ANY DAMAGES OR CLAIMS (INCLUDING COPYRIGHT, DEFAMATION, OR INFRINGEMENT CLAIMS) ARISING FROM THE NOVELS YOU GENERATE, USE, OR PUBLISH.

OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS AND DAMAGES SHALL IN NO EVENT EXCEED THE GREATER OF (A) ONE HUNDRED POUNDS (£100.00) OR (B) THE TOTAL AMOUNT YOU HAVE PAID TO SIMPAIRA LTD. FOR CREDITS IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM.

11. Indemnification

You agree to defend, indemnify, and hold harmless Simpaira Ltd. and its employees from and against any and all claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your breach of these Terms.
• Your Prompts or your published Novels.
• Any claim by a third party that your generated Novel infringes on their intellectual property or other rights.
• Your use of the Service in any way that violates the law.

12. Dispute Resolution

a. Informal Resolution: We want to resolve disputes amicably. Before filing a formal claim, you agree to first contact us at info@simpaira.com and attempt to resolve the dispute informally for at least thirty (30) days.

b. Governing Law: These Terms shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.

c. Jurisdiction: You agree that any legal action or proceeding arising out of these Terms will be brought exclusively in the courts of London, England.

13. General Provisions

• Changes to Terms: We reserve the right to modify these Terms at any time. We will provide at least 30 days' notice of material changes by email or an in-App notification. Your continued use of the Service after such changes constitutes your acceptance of the new Terms.
• Entire Agreement: These Terms (and our Privacy Policy) constitute the entire agreement between you and Simpaira Ltd. regarding the Service.
• Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect.
• Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
• Assignment: You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction.

14. Contact Us

If you have any questions about these Terms, please contact us at:
Simpaira Ltd.
Email info@simpaira.com