Thank you for using the KalesTales.com platform (“Platform”), a generative AI application powered by leading AI models.
These Terms of Service (“Terms”) apply to your use and access to information maintained by KalesTales, LLC (“Kalestales.com”, “our”, “we”, or “us”), including Kalestales.com’s website, https://kalestales.com/ (“Website”), the Platform, content, services, features, and all associated software applications (all together, “Services”). These Terms form an agreement between you and Kalestales.com, and they include important provisions for resolving disputes through arbitration. By using our Services, you agree to these Terms. If you do not agree, do not use the Services.
Our Privacy Policy explains how we collect and use personal information. Although it does not form part of these Terms, it is an important document that you should read.
The Platform is a generative AI interface providing access to AI models for entertainment. For more information about the Platform, please visit https://kalestales.com/.
Our Services are provided to you by: KalesTales, LLC, a Wyoming limited liability company, with its registered office at:
Sheridan Wyoming 82801, United States.
By using the Services, you confirm that you have read, understood, and agree to these Terms. We may update these Terms from time to time, and we will notify you of material changes through a notice on our Website. Your continued use of the Services after such changes constitutes acceptance of the updated Terms.
To use the Services, you confirm that:
a. You may not use this Website if you are under thirteen (13) years of age and have not reached the minimum age of digital consent in your country to access the Website. If you are under eighteen (18) years of age then you must have a parent or guardian’s consent to use the Services. By continuing to use the Website, you acknowledge that you have the right, authority, and capacity to comply with these Terms on your own behalf or on behalf of the entity you represent and can form a binding contract with us. If you do not meet all of the conditions set forth in these Terms, then please stop using the Website and do not use the Services. Parental controls are commercially available to assist you in limiting content that is potentially harmful to minors. More information on the availability of software to limit content available to minors can be found through publicly available sources. You may wish to contact your internet service provider for more information;
b. You have provided accurate and complete information if you created an Account (as defined below); and
c. You will comply with all applicable laws in your jurisdiction. We reserve the right to restrict access to the Services in regions where use of the Services may violate local laws.
a. Registration - You must provide an email address to register for an account (“Account”) (either Free or Member or VIP, as further described below) to use our Services. You may not share your Account credentials and you are responsible for all activities that occur through the usage of your Account;
b. Account - If you create an Account (including, if offered, registering for an Account using a third-party sign-in feature such as Google or Apple), you hereby represent and warrant that the information you submit to KalesTales.com is true, accurate, correct, and complete. We may suspend or terminate Accounts that violate these Terms. You are responsible for:
i. Maintaining the confidentiality of your login credentials;
ii. All activities that occur under your Account; and
iii. Notifying us immediately of any unauthorized use of your Account by emailing support@kalestales.com.
a. Using Our Services. You agree to use the Services responsibly and not to:
i. Input or generate content that is unlawful, harmful, defamatory, obscene, or violates the rights of others;
ii. Attempt to reverse-engineer, hack, or interfere with the Services’ functionality;
iii. Use the Services to violate any applicable local, state, national, or international laws; or
iv. Rely on AI-generated Outputs (as defined below) for critical decisions, such as medical, legal, or financial advice, as the Services are provided for informational purposes only.
b. Right to Monitor - We reserve the right to monitor use of the Services and remove any content that violates these Terms;
c. Our Software - Our Services may allow you to download software, such as mobile applications, which may update automatically to ensure you’re using the latest version. Our software may include open source software that is governed by its own licenses that we’ve made available to you; and
d. Third Party Services - Our Services may include third party software, products, or services (“Third Party Services”), and some parts of our Services may include Output from those services (“Third Party Output”). Third Party Services and Third Party Output are subject to their own terms, and we are not responsible for them. KalesTales.com offers various open and closed source models. When you use any model, your Input may be sent to the provider’s infrastructure. Once sent, your data is handled under the provider’s terms. KalesTales.com requires all third-party model providers to meet our data protection standards, but some models are more private than others. We will not share your account information, photos, or generated content except for the strict purpose of providing our services to you.
a. User Content
i. A user may provide input to the Services (“Input”), and receive output from the Services based on the Input provided (“Output”) (collectively, Input and Output are referred herein as “Content”). You bear full responsibility for any Input you provide, and you must ensure that it complies with all applicable laws, as well as these Terms. In particular, you must not submit Input that requests or prompts the Platform to generate Output that violates these Terms. By using the Platform, you confirm and warrant that you have all necessary rights, licenses, and any permissions related to Input used on the Platform. KalesTales.com is not responsible for Input that violates these Terms; and
ii. The Output from the Platform is generated using large language models (“LLM”), which may have been developed and published by an individual company or community of developers and researchers, who contribute to the model's development and improvement. For more information regarding the LLMs generating Output on the Platform, please ask Kale Help, the support chat available on our Website. The Platform does not control, direct, or endorse the content generated by those LLMs, and is not responsible for their accuracy, completeness, or suitability for any purpose. The Platform is merely a conduit for access to those LLMs, and the content generated by them is the sole responsibility of the specific LLM developers and the users who interact with them. By using the Platform, you acknowledge that KalesTales.com is not responsible or liable for the Content generated by the LLMs, and that you use such Content at your own risk.
iii. You retain ownership rights, as permitted by applicable law and subject to any applicable rights, in your Input and Output. KalesTales.com hereby assigns any rights, title, an interest in the Output, if any, to you.
b. Sharing of Content
i. When a user generates content using Kalestales.com's Services, the Output belongs to the user who created it. Sharing your Output on social media or elsewhere does not transfer your ownership of it; you retain your rights in your Output. However, you are solely responsible for where and how you share it, and you should be aware that content shared publicly may be copied or reused by others outside of our control. The creator is responsible for any potential copyright considerations within their created content, including ensuring that the content does not infringe on the copyrights of others. As noted above, KalesTales.com uses LLMs and does not own or create those LLMs. Therefore, KalesTales.com is not responsible for any copyright oversight or issues that may arise from the use of those LLMs; and
ii. Consent to Share Consumption Data with Apple: By using our Services, including using the KalesTales.com App (“App”) to access the Platform and make in-App purchases, you consent to our sharing of data regarding your usage and consumption of purchased content with Apple as part of our efforts to resolve refund requests. This information may include details about how you have accessed and interacted with the purchased content. The purpose of sharing this data is to help Apple make an informed decision regarding refund requests. Such data sharing is done to comply with Apple’s policies and only as necessary to process your requests. We only do so in very specific instances, where Apple or Apple Wallet are part of the transaction.
c. Similarity of Content
i. Given the inherent characteristics of our Services and artificial intelligence technology, the Output we generate is not guaranteed to be unique. Other users submitting the same or similar Input prompts may receive substantially similar Output. Although we attempt to have every story be unique, due to the way LLM’s function, similar stories may result from the same prompt, although this is likely rare. For clarity, the rights assignment described above applies solely to your Input and the specific Output provided to you, and does not cover Output generated for other users or any Third Party Output.
d. Accuracy
i. LLMs and generative artificial intelligence generally are rapidly evolving, and LLMs are not truth machines. Given the probabilistic nature of machine learning, and use of LLMs to fulfill Output requests, use of our Services may result in Output that does not accurately reflect real people, places, or facts. You should not rely on the Output as a sole source of truth or factual information; further, it is of utmost priority that if you are a parent or guardian, it is understood that you are solely responsible for filtering what you might deem appropriate for your minor. We attempt to restrict obscene, offensive, or inappropriate content as best we can, however, it is the account holder’s responsibility to preview any content before sharing it.
ii. When you access or use our Services, you acknowledge and accept that any Output generated may be incomplete, incorrect, inadvertently offensive, or unreliable. It is your sole responsibility to independently verify the accuracy, completeness, and fitness of the Output for your intended purpose. This may require human oversight prior to relying on the Output for sharing with others;
iii. Our Services may provide incomplete, incorrect, or offensive Output that does not represent Kalestales.com’s views. If Output references any third party, it doesn’t mean the third party endorses or is affiliated with Kalestales.com; and
iv. You are strictly prohibited from using any Output concerning a natural person in any context that could materially or legally affect that individual, including (without limitation) decisions related to creditworthiness, education, employment, housing, insurance, lending, healthcare, professional licensing, or any other matter that may seriously impact that person.
e. Platform Content Policy
i. We believe you should have the flexibility to use our Services as you see fit, so long as your use does not harm yourself or others. We have established usage terms applicable to our Services to support their responsible use without stifling your control over how you use them. Subject to your compliance with these Terms, you may access and use our Services.
ii. When using any Service, the following rules apply:
iii. Violating these rules could result in suspension or termination of your Account. We cannot foresee all abusive uses of our Services, and our policies will evolve based on identification of new abuse trends.
The Platform has usage limits (“Usage Limits”) based on specific types of Platform Accounts as outlined below:
a. Website Demonstration Feature (no account) - The KalesTales.com Website features a demonstration interface which is accessible to anyone without an account. There is a limit of the number of stories and images (outputs) that are allowed using this feature. Further, advanced features may not be available to those with no account. These limits are subject to change without notice;
b. Free Account - The KalesTales.com Platform offers limited services free of charge to registered users with a free Account (“Free Account”). Users are limited to one (1) Free Account per person. We reserve the right to remove users in breach of this condition and terminate all of their associated accounts without notice. Free Accounts are limited to how many stories may be generated, and what features are available. These limits are subject to change without notice;
c. Member and VIP Account - The KalesTales.com Platform allows users to purchase paid subscriptions to access enhanced features and functionalities (“Member or VIP Account”). Usage limits will depend on the specific enhancements included within a subscription, which will be made clear to you before purchase, and will become part of these Terms.
a. Subscription - Certain features of the Services may require a paid subscription, including subscriptions for Member or VIP Accounts. For details on pricing and billing, please visit our pricing page;
b. Free Accounts - KalesTales.com offers limited Platform Services free of charge to registered users with a Free Account. Users are required to provide KalesTales.com with their email to undertake those Services. Services are subject to the KalesTales.com Usage Limits for Free Accounts;
c. Fees - All charges, including subscription fees, will be made clear to you before purchase. You may be required to agree to separate terms and policies from a third-party payments processor in order to complete any purchases with Kalestales.com. You authorize us to charge your chosen payment method for any applicable fees. You can manage your paid subscription from your Account settings;
d. Billing - If you purchase Services from Kalestales.com, you will provide complete and accurate billing information, including a valid payment method. Our payment services provider will automatically charge your payment method on each agreed-upon periodic renewal until you cancel your paid subscriptions. Applicable taxes may apply, and if so, we’ll charge tax when required. If your payment cannot be completed, we may downgrade your Account or suspend your access to our Services until payment is received;
e. Cancellation - You may cancel your paid subscription at any time from your Account settings, by using the help chat on our Website or within the KalesTales.com App, or by notifying us at support@kalestales.com;
ii. To avoid renewal and charges for the next renewal term, simply cancel your subscription at any time before your renewal date. For example, if you subscribed on March 15th for a monthly subscription, cancelling at any point before April 15th means you will not be charged for the next term. If you are on a free trial, cancelling before the trial ends means you will not be charged at all;
iii. Payments are non-refundable, except where required by law. In the event of a cancellation, your fees will not be refunded, and your access to the Services will continue through the end of the current subscription term for which you paid fees, after which, your cancellation will become effective. You will not receive a refund or service credit for any days between the day you cancel and the last day of the subscription period you have paid for; and
f. Price Changes - We may change our prices from time to time. If we increase our subscription prices, we will give you at least thirty (30) days’ notice and any price increase will take effect on your next renewal so that you can cancel if you do not agree to the price increase.
You agree to use the Services subject to the following conditions pertaining to content and Outputs related to the Services:
a. Kalestales.com Content: All content, technology, and intellectual property in the Services, including the Platform, are owned by Kalestales.com. We own all rights, title, and interest in and to the Services. You may only use our name and logo in accordance with our Brand Guidelines (defined below). You may not copy, modify, or distribute any part of the Services including the characters without our prior written consent;
b. Your Content: By inputting Content into the Services, you represent that you have the right to provide any Content you submit.
Your use of the Services is subject to our Privacy Policy, which explains how we collect, use, and protect your data. We comply with applicable data protection laws. By using the Services, you consent to our data practices as outlined in the Privacy Policy.
OUR SERVICES ARE PROVIDED “AS IS”. YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, KALESTALES.COM EXPRESSLY DISCLAIMS ALL WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) WITH RESPECT TO THE SERVICES, AND DISCLAIMS ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING FROM ANY COURSE OF DEALING, USAGE, OR TRADE PRACTICE. KALESTALES.COM DOES NOT PROVIDE ANY WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED, OR ANY WARRANTIES REGARDING THE ACCURACY OF CONTENT, INCLUDING THAT CONTENT WILL BE ERROR FREE, OR THAT ANY CONTENT WILL BE SECURE OR NOT LOST OR ALTERED.
YOU ACCEPT AND AGREE THAT ANY USE OF THE OUTPUTS FROM OUR SERVICES IS AT YOUR OWN SOLE RISK AND YOU WILL NOT RELY ON OUTPUT AS A SOLE SOURCE OF TRUTH OR FACTUAL INFORMATION. AI-GENERATED OUTPUTS GENERATED THROUGH THE PLATFORM MAY NOT ALWAYS BE ACCURATE, MAY BE OFFENSIVE, AND YOU SHOULD NOT RELY ON THE OUTPUTS FOR CRITICAL DECISIONS OR SHARE THE OUTPUTS WITHOUT PREVIEWING THE CONTENT.
To the fullest extent permitted by law, KalesTales.com and its affiliates, officers, employees, and contractors (“Personnel”), will not be liable for any indirect, incidental, consequential, or punitive damages arising from your use of the Services, including damages for loss of data, profits, or business opportunities. Our total liability will not exceed the amount you paid for the Services in the prior twelve (12) months, except where prohibited by law. If you are a business or organization, to the extent permitted by law, you will indemnify and hold harmless Kalestales.com, our affiliates, suppliers, licensors, distributors and our Personnel, from and against any costs, losses, liabilities, and expenses (including attorneys’ fees and costs) from third party claims arising out of or relating to your use of the Services and Content, or any violation of these Terms.
You may cease using our Services and end your relationship with KalesTales.com at any time by closing your Account and stopping your use of the Services. If you need assistance with closing your Account, please contact our Support Team via email at support@kalestales.com. We reserve the right to suspend or terminate your access to our Services or delete your Account if we determine that you: breached these Terms; we have determined that your use of our Services could cause risk or harm to Kalestales.com, our users, or anyone else; we determine that you have engaged in illegal activity; or we are compelled to comply with the law. Upon termination, your right to use the Services will cease, but provisions related to intellectual property, disclaimers, and liability set forth in earlier sections will survive.
If you do not have a paid Account, we may cancel your Account if it has been inactive for over one (1) year. If we do, we will provide you with at least thirty (30) days advance notice.
a. These Terms are governed by the laws of the State of Wyoming, USA, without regard to its conflict of laws principles. Except as provided in the dispute resolution section below, all claims arising out of or relating to these Terms will be brought exclusively in the federal or state courts of Wyoming. Any disputes arising under these Terms will be resolved through binding arbitration in Wyoming, under the rules of the American Arbitration Association. In the event of a legal dispute, you must first try to resolve your dispute with KalesTales.com and provide KalesTales.com at least sixty (60) calendar days to resolve your legal dispute prior to commencing arbitration. You may have additional rights under the laws of your jurisdiction. Notwithstanding anything herein, KalesTales.com may seek injunctive relief or other equitable relief, without any requirement to post bond, in any court of competent jurisdiction to enforce these Terms and prevent the actual or threatened harm to Kalestales.com’s intellectual property rights or other proprietary rights;
b. Class and Jury Trial Waivers: You and KalesTales.com knowingly and irrevocably waive any right to trial by jury in any action, proceeding, or counterclaim. You and KalesTales.com agree that any disputes must be brought on an individual basis only, and may not be brought as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Class arbitrations, class actions, and representative actions are prohibited. Only individual relief is available.
The Services are intended for a global audience, but some features may be restricted in certain jurisdictions due to local laws or for regulatory compliance obligations. User represents and warrants that it is not located, organized, or a resident of any country or region sanctioned under U.S. laws. User further represents and warrants that the Services will not be used in, exported to, or made available for the benefit of, any country or region sanctioned under U.S. laws. If any provision of these Terms is unenforceable in your jurisdiction, the remaining provisions will remain in effect. The English version of these Terms controls in case of any discrepancies with translations.
We are not liable for delays or failures in providing the Services due to events beyond our control, such as natural disasters, cyberattacks, or regulatory changes.
If any part of these Terms is found to be illegal or unenforceable, the remainder will remain in effect.
These Terms contain the entire agreement between you and KalesTales.com regarding the Services and supersedes any prior or contemporaneous agreements between you and KalesTales.com related to the Terms or Services.
a. Assignment: You may not assign or transfer any rights or obligations under these Terms and any attempt to do so will be void. We may assign our rights or obligations under these Terms to any affiliate, subsidiary, or successor in interest of any business associated with our Services;
b. Changes to these Terms or our Services: We may update these Terms or our Services from time-to-time. All changes will be effective as soon as we post them to our website. If you do not agree to the changes, you must stop using our Services; and
c. Delay in Enforcing these Terms: Our failure to enforce a provision is not a waiver of our right to do so later.
If you believe that your intellectual property rights have been infringed, please send notice to us via email at legal@kalestales.com.
Claims regarding copyright infringement must include the following information:
a. A statement by you that you are the copyright owner or authorized to act on the copyright owner’s behalf;
b. A description of the copyrighted work that you claim has been infringed upon;
c. A description of where the allegedly infringing material is located on our Website; and
d. Your address, telephone number, and e-mail address.
The KalesTales.com logos, wordmarks characters, and sub-brands (“Trademarks”) are the sole and exclusive property of Kalestales.com. Your use of any Trademarks implies acceptance of, and agreement with these Terms and specifically related to the brand guidelines (“Brand Guidelines”) set forth in this section. Any use of the Platform and KalesTales.com Trademarks not in compliance with these Brand Guidelines is not authorized and requires prior written consent from Kalestales.com. KalesTales.com reserves the right to revoke its approval of your use of the Trademarks at any time.
Permission is granted to you to use the Platform and Trademarks only under the following terms and conditions:
a. Usage of the Trademarks for commercial sales, individual fundraising, or organizational fundraising is strictly prohibited unless otherwise expressed in writing by an authorized agent of Kalestales.com.
b. Trademarks may not be used in an ambiguous way as described herein:
i. No Trademark may be used in any way that suggests that KalesTales.com is affiliated with, sponsors, approves or endorses you, your organization, your websites, your products or your services;
ii. No Trademark may be used in any way that mischaracterizes any relationship between you and Kalestales.com;
iii. Vendors may not use any Trademark to advertise the Platform without Kalestales.com’s written permission, and which must be requested in writing via email.
c. All of Kalestales.com’s Trademark’s are distinctive, designed pieces of graphic artwork, owned by Kalestales.com. Any use or modification of the Trademarks requires prior written approval of Kalestales.com. Kalestales.com’s Trademarks may not be used or displayed in any of the following ways:
i. In any manner that, in the sole discretion of Kalestales.com, discredits the Platform or Kalestales.com, or tarnishes its reputation and goodwill;
ii. In any manner that infringes, dilutes, depreciates the value, or impairs the rights of the Platform or KalesTales.com in the Trademarks.
Your use of the Trademarks is subject to these Brand Guidelines. We own all rights, title, and interest in and to the Platform and Services. You may only use our name and logo in accordance with our Brand Guidelines. Partners who have agreements with KalesTales.com must comply with the terms of their respective agreement in addition to these Brand Guidelines.