Terms of use and sale · Child Fiction

1.Publisher and seller

Child Fiction is published and sold by Weetool, a French SARL (limited liability company) with a share capital of €1,000, registered with the Saintes trade and companies register under number 929 353 746, whose registered office is at 5 square de la Trémoille, 17200 Royan, France (EU VAT number FR47929353746). To write to Weetool: contact@weetool.io. Publication director: Geoffroy Rouaix. For any question about Child Fiction: bonjour@childfiction.com. The app is hosted by Vercel Inc., 440 N Barranca Ave #4133, Covina, CA 91723, USA (vercel.com), on servers located in Paris.

2.The service

Child Fiction lets a parent create their children’s world, add characters to it (relatives, pets, stuffed animals) and have animated, narrated stories created. Stories are created automatically from the information you provide and from your parental settings.

3.Your account

Accounts are reserved for adults (18 or older) who are responsible for the children whose profile they create. You are responsible for keeping your password and your child mode PIN confidential, and the information you provide must be accurate.

4.Child profiles and child mode

Children do not have an account: their profile is created and managed by you. Child mode offers a simplified interface with no access to settings; its use, including screen time, remains your responsibility.

5.Content

You keep your rights to the information and photos you entrust to us, and you only grant us the right to use them to run the service. Created stories are meant for private, family use. You can share a story through a link with the people of your choice: you remain responsible for who you send it to, do not post it where anyone could see it, and you can turn it off at any time. Anyone who receives a link can report the story to us. Despite our child-safety rules, some content may not suit you: you can delete it and report it to us.

6.Acceptable use

You agree not to use the service to create illegal, violent or child-inappropriate content, not to add a photo of someone without their consent or that of their legal guardians, and not to try to bypass the protections of the service.

7.Plans

The Discovery plan is free: it gives, once, a few free stories, and has limits (number of children and characters). The Family plan is a subscription, monthly or yearly, that gives credits every month and wider limits. Credit packs can also be bought once, with no subscription. What each plan includes, its limits and its price are shown on the pricing page and before any payment. Online payments are reserved for people who live in the European Union.

8.Credits

Creating a story takes a free story or credits, according to the chart shown on the pricing page. A story that does not go through costs nothing. The Family plan’s monthly credits are for their month and do not add up from one month to the next; credits bought in a pack have no end date: they stay with your family as long as its space exists. Credits belong to the family; they cannot be exchanged for money or transferred, except for the refunds described below.

9.Prices and payment

Prices are shown in euros, taxes included. Payment is made on the secure page of Stripe, our payment partner, by card or another method it offers: we never see your card number. A pack is paid once; the Family plan is paid at the start of each period. Credits are added as soon as the payment is confirmed, and a confirmation is sent to you by email.

10.Subscription, renewal and cancellation

The Family plan renews automatically at the end of each period (a month or a year), at your subscription’s price. You can cancel it at any time, free of charge, from “My plan & credits”: it ends at the end of the period already paid, with no refund of the current period, and you keep its monthly credits until then. For a yearly plan, we remind you by email, between three months and one month before it renews, of its renewal date and that you may choose not to renew it. If a payment fails, it is tried again for a few days and we let you know; without payment, the subscription ends.

11.Right of withdrawal and refunds

You usually have 14 days to withdraw from an online purchase. Credit pack: since credits can be used right away, you ask, before paying, to be able to use them immediately, and you acknowledge that you lose your right of withdrawal as soon as you use a first credit (article L221-28 of the French Consumer Code). As long as no credit of the pack has been used, you can withdraw within 14 days of the payment: the pack is refunded and its credits are withdrawn. Family plan: you ask, before paying, for it to start right away. You can withdraw within 14 days of the first payment: the plan ends at once, its credits for the month are withdrawn, and we refund the price paid, minus the share of the period already elapsed (article L221-25 of the French Consumer Code). This period does not start again with each renewal. We refund with the same payment method, no later than 14 days after your request. To withdraw, any clear statement is enough: an email to bonjour@childfiction.com, or the form below.

Withdrawal form

(Complete and return this form only if you wish to withdraw from the contract.)

To Weetool, 5 square de la Trémoille, 17200 Royan, France, bonjour@childfiction.com:

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),

Ordered on (*)/received on (*),

Name of consumer(s),

Address of consumer(s),

Signature of consumer(s) (only if this form is notified on paper),

Date

(*) Delete as appropriate.

12.Availability

We do our best to keep the service available and reliable, but cannot guarantee it at all times. Some creation features may be temporarily unavailable; stories already created remain accessible. This does not limit the legal guarantees described below.

13.Legal guarantees

Credits and the Family plan are digital content and digital services: they are covered by the legal guarantee of conformity and the legal guarantee against hidden defects, for which Weetool is responsible. To use them, write to us at bonjour@childfiction.com. The boxes below give the wording set by the French Consumer Code (translated): the first for a credit pack, supplied at once, the second for the Family plan, supplied throughout the subscription.

Credit pack

The consumer has two years from the supply of the digital content or digital service to obtain the application of the legal guarantee of conformity if a lack of conformity appears. For one year from the date of supply, the consumer only has to establish that the lack of conformity exists, not the date on which it appeared.

The legal guarantee of conformity entails the obligation to supply all the updates needed to keep the digital content or digital service in conformity.

The legal guarantee of conformity entitles the consumer to have the digital content or digital service brought into conformity without undue delay after their request, free of charge and without significant inconvenience to them.

The consumer may obtain a price reduction while keeping the digital content or digital service, or may end the contract and obtain a full refund in exchange for giving up the digital content or digital service, if:

1. The trader refuses to bring the digital content or digital service into conformity;

2. Bringing the digital content or digital service into conformity is unjustifiably delayed;

3. The digital content or digital service cannot be brought into conformity without costs imposed on the consumer;

4. Bringing the digital content or digital service into conformity causes significant inconvenience to the consumer;

5. The lack of conformity persists despite the trader’s unsuccessful attempt to bring it into conformity.

The consumer is also entitled to a price reduction or to the termination of the contract when the lack of conformity is so serious that it justifies an immediate price reduction or termination. The consumer then does not have to ask first for the digital content or digital service to be brought into conformity.

When the lack of conformity is minor, the consumer is entitled to cancel the contract only if the contract does not provide for the payment of a price.

Any period during which the digital content or digital service is unavailable while it is being brought back into conformity suspends the remaining guarantee until the digital content or digital service is supplied in conformity again.

The rights above result from articles L. 224-25-1 to L. 224-25-31 of the French Consumer Code.

A trader who in bad faith obstructs the application of the legal guarantee of conformity is liable to a civil fine of up to €300,000, which may be raised to 10% of the average annual turnover (article L. 242-18-1 of the French Consumer Code).

The consumer also benefits from the legal guarantee against hidden defects under articles 1641 to 1649 of the French Civil Code, for two years from the discovery of the defect. This guarantee entitles the consumer to a price reduction if the digital content or digital service is kept, or to a full refund in exchange for giving it up.

Family plan

The consumer is entitled to the application of the legal guarantee of conformity if a lack of conformity appears within one month for the monthly plan and one year for the yearly plan, for each period, from the supply of the digital content or digital service. During that time, the consumer only has to establish that the lack of conformity exists, not the date on which it appeared.

The legal guarantee of conformity entails the obligation to supply all the updates needed to keep the digital content or digital service in conformity throughout the paid period (one month or one year).