Terms of Service

Acceptance of Terms

Welcome to CyberStory AI (the "Service"). These Terms of Service (these "Terms") are a legal agreement between you ("you" or "User") and CyberStory AI, LLC, a California limited liability company ("Company," "we," "us," or "our").

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

If you are using the Service on behalf of an organization (such as your employer), you represent and warrant that you have the authority to bind that organization to these Terms, and "you" and "User" will refer to that organization.

1. Definitions

1.1 "Account" means your registered account for accessing and using the Service.

1.2 "Content" means any text, data, information, software, graphics, photographs, videos, audio, or other materials.

1.3 "Service" means the CyberStory AI software-as-a-service platform, including all features, functionality, and content provided by Company at https://cyberstory.ai and through mobile applications, APIs, and other interfaces.

1.4 "Subscription Plan" means the specific pricing plan and feature set you have selected for your Account (e.g., Free, Explorer, Adventurer, Legend).

1.5 "User Content" means any Content that you upload, submit, post, transmit, or otherwise make available through the Service, including story prompts, custom worlds, and generated adventures you create.

1.6 "Intellectual Property Rights" means all patent rights, copyright rights, trademark rights, trade secret rights, and any other intellectual property rights recognized in any country or jurisdiction in the world.

1.7 "Credits" means the in-app units used to consume generative AI features on the Service.

1.8 "Output" means AI-generated text, images, and audio produced by the Service in response to your prompts and choices.

2. Eligibility

2.1 Age Requirement

You must be at least 13 years old (or the minimum digital-consent age in your country, whichever is greater) to use the Service. By using the Service, you represent and warrant that you meet this age requirement.

2.2 Legal Capacity

You must have the legal capacity to enter into a binding contract. If you do not have such capacity, you may not use the Service.

2.3 Compliance with Laws

You must comply with all applicable laws and regulations in your use of the Service.

2.4 Prohibited Jurisdictions

The Service is not available in countries subject to U.S. export restrictions or sanctions, including Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions.

3. Account Registration and Security

3.1 Account Creation

To access certain features of the Service, you must create an Account by providing your full name (or display name), email address, and password, or by authenticating through a supported third-party identity provider.

3.2 Accurate Information

You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.

3.3 Account Security

You are responsible for maintaining the confidentiality of your Account credentials, for all activities that occur under your Account, and for notifying us immediately of any unauthorized use. We are not liable for any loss or damage arising from your failure to protect your Account credentials.

3.4 One Account Per User

You may not create more than one Account, and you may not share your Account with others.

3.5 Account Termination for False Information

We reserve the right to suspend or terminate your Account if any information you provide is inaccurate, false, or incomplete.

4. Subscription Plans, Credits, and Billing

4.1 Subscription Plans and Credits

We offer free and paid Subscription Plans. Paid plans grant a monthly allocation of Credits used to consume generative AI features. Credits may also be purchased as one-time top-ups. Current plans, prices, and Credit allocations are available at https://cyberstory.ai/credits.

4.2 Free Trials and Promotional Credits

We may offer free trials or promotional Credits from time to time. Unless otherwise specified, at the end of any free trial period your Account will automatically convert to a paid subscription unless you cancel before the trial ends. Promotional Credits may expire and are non-transferable.

4.3 Billing and Payment

Paid subscriptions are billed in advance on a monthly or annual basis, as selected by you, and will automatically renew at the end of each billing cycle unless cancelled before the renewal date. You must provide a valid payment method, and by doing so you authorize us to charge the applicable fees to that payment method.

4.4 Price Changes

We reserve the right to change our pricing at any time. Price changes will take effect at the start of your next billing cycle after we provide you with at least 30 days' notice. If you do not agree to the price change, you may cancel your subscription.

4.5 Taxes

All fees are exclusive of taxes. You are responsible for paying all applicable taxes, including sales tax, VAT, GST, and other indirect taxes. We will collect such taxes if required by law.

4.6 Refunds and Credit Policy

All fees are non-refundable except as required by law or as expressly stated in these Terms. Credits have no cash value, are non-transferable, and (except where required by law) are non-refundable once spent. If you cancel your subscription, you will continue to have access through the end of your current billing cycle, but you will not receive a refund for any unused portion.

4.7 Late Payment

If we do not receive payment from your payment method, we may suspend or terminate your Account. You will be responsible for all reasonable costs of collection, including reasonable attorneys' fees.

4.8 Downgrades

If you downgrade to a lower-tier Subscription Plan, you may lose access to certain features and your monthly Credit allocation will change. We are not responsible for any loss of access to features or Content resulting from a downgrade.

5. License and Restrictions

5.1 License Grant

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your personal or internal business purposes.

5.2 License Restrictions

You may not: (a) copy, modify, or create derivative works of the Service; (b) reverse engineer, decompile, disassemble, or attempt to derive the source code of the Service; (c) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make the Service available to third parties; (d) remove, alter, or obscure any proprietary notices on the Service; (e) use the Service to build a competitive product or service; (f) use the Service in any manner that violates applicable laws or regulations; (g) use the Service to send spam, malware, viruses, or other harmful code; or (h) attempt to gain unauthorized access to the Service or related systems.

5.3 API and Automated Access

Automated access to the Service, including by bots, scrapers, or crawlers, is prohibited without our prior written consent and, where applicable, is subject to rate limits and other restrictions.

5.4 Third-Party Services

The Service integrates with third-party services (including payment processors, AI model providers, authentication providers, and hosting infrastructure). Your use of such third-party services is governed by their respective terms of service and privacy policies.

6. User Content and AI Output

6.1 User Content Ownership

You retain all ownership rights in your User Content. We do not claim ownership of any User Content you upload or submit through the Service.

6.2 License to User Content

By uploading or submitting User Content to the Service, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with providing and improving the Service, promoting the Service (with your permission for identifiable materials), and complying with legal obligations. This license terminates when you delete your User Content, except that deletion may not be immediate due to technical or operational limitations (e.g., backups), and we may retain User Content as required by law or to resolve disputes.

6.3 AI Output

To the extent permitted by law, we assign to you our rights in the AI-generated Output produced for your Account. You acknowledge that: (a) Output may be similar or identical to output generated for other users; (b) AI may produce inaccurate, offensive, or unexpected content; (c) Output may not be copyrightable in every jurisdiction; and (d) you are responsible for reviewing Output before relying on or publishing it.

6.4 Publicly Shared Stories

If you submit a story template, world, or other Content for public listing, you additionally grant us and other users a worldwide, non-exclusive, royalty-free license to display, remix, and generate derivative adventures from that Content within the Service.

6.5 User Content Restrictions

You may not upload, submit, or transmit User Content that: infringes any Intellectual Property Rights of others; contains viruses, malware, or other harmful code; violates any applicable law or regulation; is defamatory, obscene, sexually explicit involving minors, abusive, or harassing; promotes illegal activities, violence, or discrimination; impersonates another person or entity; or contains private or confidential information of others without authorization.

6.6 Content Monitoring

We have no obligation to monitor User Content or Output, but we reserve the right to review, edit, or remove User Content or Output that violates these Terms, to suspend or terminate Accounts that violate these Terms, and to cooperate with law enforcement in investigating illegal activities.

6.7 Backup Responsibility

You are solely responsible for backing up your User Content. We are not responsible for any loss or corruption of User Content or Output.

7. Intellectual Property

7.1 Service Ownership

The Service, including all Content (other than User Content and Output), features, functionality, software, text, graphics, logos, and trademarks, is owned by Company or its licensors and is protected by U.S. and international copyright, trademark, patent, and other Intellectual Property Rights.

7.2 Trademarks

CyberStory AI, our logo, and our product names are trademarks of Company. You may not use our trademarks without our prior written consent.

7.3 Feedback

If you provide us with feedback, suggestions, or ideas about the Service ("Feedback"), you grant us an unlimited, irrevocable, perpetual, sublicensable, transferable, royalty-free license to use, modify, and incorporate such Feedback into the Service without any obligation to you.

8. Acceptable Use Policy

You may not use the Service to:

• violate any local, state, national, or international law or regulation, or promote or facilitate illegal activities;
• harass, threaten, intimidate, or abuse other users, or engage in hate speech, discrimination, or bullying;
• send spam, phishing messages, or unsolicited commercial communications;
• attempt to gain unauthorized access to the Service or other users' Accounts, or interfere with or disrupt the Service or servers/networks connected to it;
• use automated tools (bots, scrapers, crawlers) without our permission, or probe, scan, or test the vulnerability of the Service;
• circumvent security features, authentication measures, rate limits, or Credit accounting;
• upload Content that infringes copyright, trademark, patent, or other Intellectual Property Rights, or distribute pirated software, illegal content, or stolen materials;
• upload or transmit viruses, worms, malware, ransomware, or other harmful code;
• impersonate another person, company, or entity, or falsely state or misrepresent your affiliation;
• generate sexual content involving minors, non-consensual sexual content, or content designed to sexualize real individuals without their consent;
• generate disinformation, deepfakes, or content intended to defraud;
• excessively use system resources in a manner that negatively impacts other users or overloads our infrastructure.

If you violate this Acceptable Use Policy, we may issue a warning, suspend or limit your access, terminate your Account, remove or disable access to violating Content, or report violations to law enforcement.

9. Termination and Suspension

9.1 Termination by You

You may terminate your Account at any time by cancelling your subscription through your Account settings or by contacting us at [email protected]. Upon termination, you will continue to have access through the end of your current billing cycle. No refunds will be provided for any unused portion of your subscription.

9.2 Termination by Us

We may suspend or terminate your Account at any time, with or without notice, if you violate these Terms, fail to pay applicable fees, we are required to do so by law, or we discontinue the Service (with at least 60 days' notice).

9.3 Effect of Termination

Upon termination, your license to use the Service will immediately terminate, we may delete your Account and User Content, and you must immediately cease all use of the Service.

9.4 Survival

The following sections will survive termination: Sections 6.2 (License to User Content), 6.3 (AI Output), 7 (Intellectual Property), 10 (Disclaimer of Warranties), 11 (Limitation of Liability), 12 (Indemnification), 13 (Dispute Resolution), and 17 (General Provisions).

10. Disclaimer of Warranties

The Service is provided "as is" and "as available" without any warranties of any kind, express or implied. To the fullest extent permitted by law, we disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement; warranties that the Service will be uninterrupted, error-free, secure, or free of viruses; and warranties regarding the accuracy, reliability, or completeness of Content or Output.

We do not guarantee uptime or availability, data security or backup, or compatibility with third-party services. Use of the Service is at your own risk.

11. Limitation of Liability

11.1 Liability Cap

To the fullest extent permitted by law, our total liability to you for any claims arising out of or related to these Terms or the Service shall not exceed the greater of (a) the total amount you paid to us in the 12 months immediately preceding the event giving rise to liability, or (b) $100.

11.2 Exclusion of Damages

To the fullest extent permitted by law, we shall not be liable for indirect, incidental, special, consequential, or punitive damages; loss of profits, revenue, data, or business opportunities; loss of goodwill or reputation; or cost of substitute services — even if we have been advised of the possibility of such damages.

11.3 Basis of the Bargain

You acknowledge that the limitations of liability in this Section 11 are a fundamental part of the basis of the bargain between you and us, and that we would not provide the Service without these limitations.

11.4 Exceptions

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for incidental or consequential damages. In such jurisdictions, our liability will be limited to the fullest extent permitted by law.

12. Indemnification

You agree to indemnify, defend, and hold harmless Company, its affiliates, and their respective officers, directors, employees, agents, and representatives from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any rights of another party, including Intellectual Property Rights; (d) your User Content or Output generated at your direction; or (e) your violation of any applicable laws or regulations. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you will cooperate with us in asserting any available defenses.

13. Dispute Resolution

13.1 Informal Resolution

Before filing a claim, you agree to contact us at [email protected] and attempt to resolve the dispute informally. If the dispute is not resolved within 30 days, either party may proceed to arbitration or small claims court.

13.2 Binding Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify, and either party may seek injunctive or equitable relief in court to prevent infringement of Intellectual Property Rights.

Arbitration will be conducted by the American Arbitration Association (AAA) under its Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes (the "AAA Rules"), available at www.adr.org or by calling 1-800-778-7879. The arbitrator will apply the substantive law of California (without regard to conflict of laws principles). The arbitration will be conducted by a single, neutral arbitrator whose decision will be final and binding, and may be entered as a judgment in any court of competent jurisdiction.

Each party will pay its own arbitration fees, except that if you are a consumer (not a business), we will pay all AAA filing, administration, and arbitrator fees for claims totaling less than $10,000 (unless the arbitrator determines the claims are frivolous). If you are a consumer, arbitration will take place in the county where you reside; if you are a business, arbitration will take place in Los Angeles County, California.

13.3 Class Action Waiver

You and Company 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, representative, or multi-party action.

Unless both you and Company agree otherwise, the arbitrator may not consolidate more than one person's claims and may not preside over any form of class, collective, representative, or multi-party proceeding. If this Class Action Waiver is found to be unenforceable, the entirety of Section 13.2 shall be null and void.

13.4 Opt-Out

You have the right to opt out of the arbitration provision and class action waiver. To opt out, you must notify us in writing within 30 days of first accepting these Terms. Your opt-out notice must include your full name, the email address associated with your Account, and a statement that you wish to opt out of arbitration. Send your opt-out notice to [email protected] with the subject line "Arbitration Opt-Out." If you opt out, you will not be bound by the arbitration provision, but all other provisions of these Terms will still apply.

13.5 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles.

13.6 Venue

If arbitration is not required (e.g., you opt out or the dispute is not arbitrable), any legal action arising out of or related to these Terms shall be filed exclusively in the state or federal courts located in Los Angeles County, California, and you consent to the personal jurisdiction of such courts.

14. DMCA Copyright Policy

14.1 Copyright Infringement Notification

We respect the Intellectual Property Rights of others and expect our users to do the same. In accordance with the Digital Millennium Copyright Act (DMCA), we will respond to notices of alleged copyright infringement that comply with the DMCA and other applicable laws.

To submit a notice, provide our DMCA Agent at [email protected] with: (a) an electronic or physical signature of the person authorized to act on behalf of the copyright owner; (b) a description of the copyrighted work claimed to have been infringed; (c) a description of where the infringing material is located on the Service (URLs where possible); (d) your contact information; (e) a statement that you have a good faith belief that the disputed use is not authorized; and (f) a statement, made under penalty of perjury, that the information is accurate and that you are authorized to act on the copyright owner's behalf.

14.2 Counter-Notification

If you believe that material you posted was removed or disabled in error, you may submit a counter-notification to our DMCA Agent containing: (a) your physical or electronic signature; (b) identification of the material removed and its prior location; (c) a statement under penalty of perjury that you have a good faith belief the material was removed as a result of mistake or misidentification; (d) your contact information; and (e) a statement that you consent to the jurisdiction of the federal court in the Central District of California, and that you will accept service of process from the person who provided the original DMCA notification.

14.3 Repeat Infringer Policy

We will terminate the Accounts of users who are repeat infringers of copyright in accordance with the DMCA.

15. Privacy and Data Security

15.1 Privacy Policy

Our Privacy Policy explains how we collect, use, and share your personal information. By using the Service, you agree to our Privacy Policy.

15.2 Data Security

We implement reasonable security measures to protect your data, but we cannot guarantee absolute security. See Section 10 (Disclaimer of Warranties).

15.3 Data Processing

If you are located in the European Economic Area, UK, or Switzerland, or if you process personal data of individuals in those regions through the Service, contact us at [email protected] to request our Data Processing Addendum.

16. Changes to Terms

16.1 Modifications

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by posting the updated Terms on the Service with a new "Last Updated" date, and where reasonably practicable, by sending an email notification to the address associated with your Account or displaying a prominent in-app notice.

16.2 Effective Date

Material changes will take effect 30 days after we provide notice. Non-material changes (e.g., clarifications, formatting) will take effect immediately upon posting.

16.3 Continued Use

Your continued use of the Service after the effective date of the updated Terms constitutes your acceptance of the changes. If you do not agree to the updated Terms, you must stop using the Service and cancel your Account.

17. General Provisions

17.1 Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Company with respect to the Service and supersede all prior agreements.

17.2 Assignment

You may not assign or transfer these Terms or your Account without our prior written consent. We may assign these Terms without your consent in connection with a merger, acquisition, or sale of assets.

17.3 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

17.4 Waiver

No waiver of any provision of these Terms shall be effective unless in writing and signed by Company. No waiver of any breach shall constitute a waiver of any other breach.

17.5 Force Majeure

We shall not be liable for any delay or failure to perform our obligations under these Terms due to causes beyond our reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, government actions, pandemics, or interruptions in internet, AI provider, or telecommunications services.

17.6 Export Compliance

You agree to comply with all applicable export control laws and regulations, including the U.S. Export Administration Regulations and International Traffic in Arms Regulations. You represent that you are not located in, under the control of, or a national or resident of any country subject to U.S. export restrictions or sanctions.

17.7 Government Users

If you are a U.S. government entity, the Service is a "commercial item" as defined in 48 C.F.R. §2.101 and is provided with only those rights as are granted to all other users under these Terms.

17.8 Relationship

Nothing in these Terms creates a partnership, joint venture, agency, employment, or fiduciary relationship between you and Company.

17.9 Third-Party Beneficiaries

These Terms are for the benefit of you and Company only, and no third party shall have any right to enforce these Terms.

17.10 Notices

Notices to you may be sent to the email address associated with your Account. Notices to us must be sent to [email protected]. Notices are deemed received when sent (for email) or upon receipt (for mail).

17.11 Language

These Terms are written in English. Any translation is provided for convenience only. In the event of any conflict between the English version and a translated version, the English version shall prevail.

17.12 California Residents

If you are a California resident, you waive California Civil Code Section 1542, which states: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."

18. Contact Us

If you have questions about these Terms, please contact us:

CyberStory AI, LLC
Email (support): [email protected]
Email (legal): [email protected]
Email (DMCA): [email protected]