Terms of Service
These Terms of Service ("Terms") govern your access to and use of the Apoetica website, applications, content, and related services (collectively, the "Service"), operated by Expectations Limited ("Apoetica," "we," "us," or "our").
1. Acceptance of Terms
By accessing or using the Service, you agree to these Terms. If you do not agree, do not use the Service.
2. Description of Service
Apoetica provides narrative-generation, interactive-fiction, illustration, personalization, reading, and related creative tools. Some features may allow you to provide prompts, create story seeds, receive generated fiction or images, save stories, and resume reading experiences.
We may modify, suspend, or discontinue any part of the Service at any time.
3. Eligibility
You must be legally capable of entering into a binding agreement and using the Service in compliance with applicable law. You are solely responsible for ensuring that your use of the Service is lawful in your jurisdiction.
4. Accounts and Security
You may need to create an account to use some parts of the Service. You must provide accurate information and keep it updated. You are responsible for maintaining the confidentiality of your credentials and for all activity occurring under your account.
You must notify us promptly if you believe your account has been compromised.
5. Creative and AI-Generated Content
The Service may use AI systems to generate text, images, metadata, suggestions, and other creative outputs. AI-generated content may be inaccurate, incomplete, offensive, repetitive, or inconsistent. You are responsible for reviewing any content before relying on it, publishing it, or sharing it outside the Service.
We do not guarantee that any generated content will be unique, copyrightable, non-infringing, publication-ready, or suitable for any particular purpose.
6. User Content
If you submit or upload content, prompts, messages, profile information, story ideas, feedback, or other materials through the Service ("User Content"), you retain whatever ownership rights you otherwise have in that content.
You grant us a worldwide, non-exclusive, royalty-free license to host, store, reproduce, display, distribute, modify for formatting purposes, process with AI systems, and otherwise use User Content as reasonably necessary to operate, secure, improve, and promote the Service.
You represent and warrant that you have all rights necessary to provide any User Content you submit.
7. Service Content; Intellectual Property
The Service, including its software, text, graphics, interfaces, trademarks, and original content, is owned by or licensed to Apoetica and is protected by intellectual property laws.
Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable right to access and use the Service for its intended purpose.
8. Acceptable Use
You agree not to:
- use the Service in violation of law, regulation, or third-party rights;
- submit content you do not have the right to use;
- use the Service to generate, distribute, or facilitate abusive, harassing, exploitative, deceptive, or illegal content;
- interfere with, disrupt, or attempt to gain unauthorized access to the Service or related systems;
- scrape, copy, republish, or exploit the Service at scale without our written permission;
- misrepresent your identity, affiliation, authority, or relationship to any person or organization;
- use the Service in a way that creates legal, operational, reputational, or compliance risk for us or others.
9. Payments and Subscriptions
Some parts of the Service may be free and some may require payment. If you purchase a subscription or paid feature, you authorize us or our payment processor to charge the payment method you provide in accordance with the pricing and billing terms presented to you at checkout.
Unless expressly stated otherwise, fees are non-refundable.
10. Third-Party Services
The Service may rely on or link to third-party services, including hosting providers, analytics providers, email providers, authentication providers, AI text-generation providers, image-generation providers, and payment processors. We are not responsible for third-party services and do not control their availability, accuracy, security, policies, or performance.
11. Suspension and Termination
We may suspend, restrict, or terminate your access to the Service at any time, with or without notice, if we reasonably believe that you have violated these Terms, created legal or operational risk, failed to pay amounts due, or used the Service in a way that harms us, our users, or third parties.
You may stop using the Service at any time.
12. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, APOETICA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND QUIET ENJOYMENT.
WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT, STORY, IMAGE, PROMPT, RESULT, COMMUNICATION, OR OUTPUT WILL BE ACCURATE, COMPLETE, TIMELY, AVAILABLE, UNIQUE, NON-INFRINGING, OR SUITABLE FOR YOUR PURPOSES.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, APOETICA AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF APOETICA FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO US DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR (B) USD $100.
Some jurisdictions do not allow certain disclaimers or limitations, so parts of this section may not apply to you.
14. Indemnity
You agree to indemnify, defend, and hold harmless Apoetica and its affiliates, officers, directors, employees, contractors, agents, and service providers from and against any third-party claim, demand, action, proceeding, liability, loss, damage, judgment, settlement, cost, or expense, including reasonable attorneys' fees, arising out of or relating to:
- your use of the Service;
- your User Content;
- your violation of these Terms;
- your violation of law or regulation; or
- your violation of any third-party right.
15. Changes to the Service or These Terms
We may modify the Service or these Terms from time to time. If we make material changes to these Terms, we may post the updated Terms with a new effective date and may also provide notice by email, in-product message, or other reasonable means.
Your continued use of the Service after the effective date of the updated Terms means you accept the revised Terms.
16. Dispute Resolution; Arbitration; Governing Law
Any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding arbitration administered by the American Arbitration Association under its applicable commercial arbitration rules.
Arbitration will take place in Westchester County, New York, unless the parties agree otherwise. Judgment on the award may be entered in any court of competent jurisdiction.
The prevailing party in any arbitration or court proceeding relating to enforcement of an arbitration award will be entitled to recover reasonable attorneys' fees and costs.
These Terms are governed by the laws of the State of New York, without regard to conflict-of-laws rules.
17. General Terms
These Terms are the entire agreement between you and Apoetica regarding the Service, except for any additional feature-specific terms that expressly apply.
If any provision of these Terms is held unenforceable, the remaining provisions will remain in effect.
Our failure to enforce any provision is not a waiver of that provision.
You may not assign your rights or obligations under these Terms without our prior written consent. We may assign these Terms in connection with a merger, sale, reorganization, or transfer of assets.
18. Contact
For questions about these Terms, contact us through the contact information provided on the Service.