Terms of Service

1. SCOPE AND PROVIDER

These Terms of Service (hereinafter "Terms") govern the contractual relationship between MyTales (hereinafter "we" or "us") and its customers (hereinafter "you") via this website. By placing an order, you agree to these Terms.

2. SERVICE DESCRIPTION & CONTRACT FORMATION

MyTales provides a service where users can order custom-created audiobooks.

• Input: You provide a name, a theme, and additional custom information.
• Process: Based on your inputs, our system generates a unique text and subsequently converts that text into an audio file.
• Contract: A binding contract is formed the moment you click the "Order and Pay" button and your payment via Stripe is authorized.

3. CUSTOMER INPUTS AND RESPONSIBILITY

By providing information (name, theme, additional info), you warrant that:

• You have the right to use the names and information provided.
• The input does not violate German law, including but not limited to laws regarding defamation, incitement of hatred, or infringement of third-party intellectual property.
• MyTales reserves the right to cancel orders and refund payments if the inputs are deemed to violate our safety guidelines or legal standards.

4. PAYMENT TERMS

• Provider: All payments are processed securely via Stripe.
• Due Date: The purchase price is due immediately upon the formation of the contract.
• Currency: All prices are in EUR unless otherwise stated and include the applicable German VAT.

5. RIGHT OF WITHDRAWAL & EXCLUSION

Important Notice: According to § 312g para. 2 no. 1 BGB, the right of withdrawal does not apply to contracts for the supply of goods that are not prefabricated and for the production of which an individual choice or determination by the consumer is decisive, or which are clearly tailored to the personal needs of the consumer.

By placing your order, you acknowledge that:

• The audiobook is custom-created specifically for you based on your personal inputs (name, theme, info).
• The creation process begins immediately after payment.
• Therefore, there is no right of withdrawal or refund once the order is placed and the creation process has started.

6. USAGE RIGHTS

• Personal Use: We grant you a non-exclusive, perpetual, worldwide license to use the generated audiobook for private, non-commercial purposes.
• Sharing: You are expressly permitted to share the audio file with friends and family, play it in private settings, and share snippets on personal social media profiles for non-promotional purposes.
• Commercial Restriction: You may not use the audiobook for commercial purposes (e.g., as background music for ads, reselling the file, or using it on a monetized YouTube channel) without a separate commercial license from MyTales.
• Ownership: All underlying AI models, voices, and software logic remain the sole property of MyTales or its licensors.

7. LIABILITY AND WARRANTY

• Artistic Freedom: Because the content is generated via AI prompts, MyTales does not guarantee specific narrative outcomes or "artistic perfection." We are liable for technical defects (e.g., a corrupted file) but not for creative dissatisfaction.
• German Liability Law: Our liability is limited to cases of intent and gross negligence. In cases of slight negligence, we are only liable for the breach of essential contractual obligations (cardinal obligations).

8. FINAL PROVISIONS

• Governing Law: The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
• Jurisdiction: If you are a merchant, the place of jurisdiction is our registered office in Lower Saxony, Germany.
• Severability: If any provision of these Terms is found to be invalid, the remaining provisions remain in full force.