Terms of Service

1. Agreement to Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you and Enchantably LLC (“Enchantably,” “we,” “us,” or “our”), a Virginia limited liability company, governing your access to and use of the enchantably.com website and related services (the “Service”).

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 use the Service.

Contact Information:
Enchantably LLC
Windover Ave NW
Vienna, VA 22180
Email: support@enchantably.com

2. Eligibility

You must be at least 13 years old to create an account and use the Service. If you are under 18, you represent that you have your parent or guardian's permission to use the Service.

The Service is designed for parents, guardians, and educators to create personalized storybooks for children. Children under 13 should not create accounts or provide personal information directly. Parents and guardians are responsible for supervising their children's involvement in the story creation process.

3. Account Registration

To use certain features of the Service, you must create an account. You agree to:

• Provide accurate and complete registration information
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized access
• Accept responsibility for all activities under your account

We reserve the right to suspend or terminate accounts that violate these Terms.

4. Description of Service

Enchantably provides a platform for creating personalized storybooks using artificial intelligence. The Service includes:

• AI-assisted story creation and editing
• AI-generated illustrations based on your inputs
• Digital PDF downloads of completed storybooks
• Professional printing and shipping of physical books (via third-party partners)

5. User Content

5.1 Your Content

“User Content” means any text, images, photos, or other materials you submit to the Service. You retain ownership of your User Content, subject to the license granted below.

5.2 License to Enchantably

By submitting User Content, you grant Enchantably a non-exclusive, worldwide, royalty-free license to:

• Use, process, and store your content to provide the Service
• Create derivative works (AI-generated illustrations) based on your inputs
• Send you personalized marketing featuring your own content (e.g., holiday reminders with previews of your books)

This license terminates when you delete your content or account, except for content incorporated into previously purchased products.

5.3 Content Restrictions

You agree not to submit content that:

• Is illegal, harmful, threatening, abusive, or harassing
• Is defamatory, obscene, or pornographic
• Infringes any third party's intellectual property rights
• Contains viruses or malicious code
• Violates any applicable law or regulation
• Is inappropriate for children or family audiences

We reserve the right to remove content that violates these restrictions without notice.

6. Intellectual Property

6.1 Enchantably's IP

The Service, including its design, features, and content (excluding User Content), is owned by Enchantably and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, or distribute our intellectual property without permission.

6.2 AI-Generated Content

Illustrations and other content generated by our AI based on your inputs are considered part of the final product you purchase. Upon payment, you receive a license to use these materials for personal and educational purposes. This includes reading, displaying, and sharing the storybook within home and classroom settings. Resale, redistribution, or commercial reproduction of AI-generated content is not permitted without our written consent.

6.3 Third-Party Characters

If you upload images of copyrighted characters (e.g., characters from movies, TV shows, or books), our AI is designed to create original, legally-distinct interpretations rather than exact replicas. You are responsible for ensuring your use complies with applicable intellectual property laws. We do not guarantee that AI-generated content will avoid all similarity to copyrighted materials.

7. Pricing and Payment

7.1 Pricing

Current pricing is displayed on our website. Prices are in US dollars unless otherwise stated. We reserve the right to change prices at any time, but changes will not affect orders already placed.

7.2 Payment Processing

Payments are processed by Stripe, a third-party payment processor. By making a purchase, you agree to Stripe's terms of service. We do not store your full credit card information.

7.3 Credits

The Service uses a credit system for AI-generated content. Credits are non-refundable and may expire. Credit allowances and policies may change at our discretion.

8. Orders and Delivery

8.1 Digital Products

PDF downloads are delivered electronically via email and are available for download through your account. Download links expire after 72 hours but can be regenerated.

8.2 Physical Products

Printed books are produced and shipped by our printing partner, Linemark Printing. Estimated delivery times vary based on location and circumstances beyond our control. You will receive a shipping confirmation with tracking information when your order ships.

8.3 Shipping

You are responsible for providing accurate shipping information. We are not responsible for delays or non-delivery due to incorrect addresses. Additional shipping charges may apply for international orders.

9. Refunds and Returns

Due to the personalized nature of our products:

• Digital Products: We encourage careful review before purchase. If there is a significant discrepancy between the preview and delivered PDF, contact us for resolution.
• Printed Products: If your book arrives with printing defects or damage, contact us within 14 days for a replacement.
• Order Errors: If you made a mistake in your order (e.g., wrong address), contact us immediately. We may be able to help before shipping.

Refund requests are handled on a case-by-case basis. Contact support@enchantably.com for assistance.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that the Service will be uninterrupted, error-free, or secure. AI-generated content may contain variations, inconsistencies, or errors. We do not guarantee specific results from use of the Service.

10.1 AI-Generated Content Limitations

Our Service uses artificial intelligence (Google Vertex AI) to generate story text and illustrations. You acknowledge and agree that:

• AI-generated illustrations are artistic interpretations, not photographic reproductions. Character appearances may vary slightly across pages.
• AI-generated stories are original compositions inspired by your inputs. We do not guarantee that content will be free from unintended similarities to existing works.
• Your content (story preferences, character descriptions, and reference images) is processed by Google Vertex AI to generate your storybook. Per Google Cloud's terms, this data is not used to train or improve AI models.
• We do not use your content to train Enchantably's own AI systems or share it with other users.
• AI technology evolves over time. The style, quality, and characteristics of AI-generated content may change as underlying models are updated.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ENCHANTABLY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

12. Indemnification

You agree to indemnify, defend, and hold harmless Enchantably and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorneys' fees) arising out of your use of the Service, your User Content, or your violation of these Terms.

13. Dispute Resolution and Arbitration

13.1 Informal Resolution

Before filing a formal dispute, you agree to contact us at support@enchantably.com and attempt to resolve the dispute informally for at least 30 days.

13.2 Binding Arbitration

If we cannot resolve a dispute informally, you and Enchantably agree to resolve any claims through binding individual arbitration, rather than in court, except that either party may bring claims in small claims court if they qualify.

Arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. The arbitration will take place in Fairfax County, Virginia, or another mutually agreed location. The arbitrator's decision will be final and binding.

13.3 Class Action Waiver

YOU AND ENCHANTABLY AGREE THAT DISPUTES WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. If this waiver is found unenforceable, then the entirety of this arbitration provision shall be null and void.

13.4 Opt-Out

You may opt out of this arbitration agreement by sending written notice to support@enchantably.com within 30 days of first using the Service. Your notice must include your name, address, and a clear statement that you wish to opt out of arbitration.

14. Governing Law

These Terms are governed by the laws of the Commonwealth of Virginia, without regard to its conflict of laws principles. Any legal action not subject to arbitration shall be brought in the state or federal courts located in Fairfax County, Virginia.

15. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes by posting the updated Terms on this page and updating the “Last Updated” date. For significant changes, we may also notify you by email. Your continued use of the Service after changes constitutes acceptance of the modified Terms.

16. Termination

You may terminate your account at any time by contacting us or using account deletion features.

We may suspend or terminate your account immediately, without prior notice, if you violate these Terms or engage in conduct we deem harmful to the Service or other users. Upon termination, your right to use the Service ceases immediately.

17. General Provisions

• Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Enchantably regarding the Service.
• Severability: If any provision of these Terms is found unenforceable, the remaining provisions will continue in effect.
• Waiver: Our failure to enforce any right or provision does not constitute a waiver of that right or provision.
• Assignment: You may not assign these Terms without our consent. We may assign our rights freely.
• Force Majeure: We are not liable for delays or failures due to circumstances beyond our reasonable control.

18. Contact Us

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

Email: support@enchantably.com
Mail: Enchantably LLC, Windover Ave NW, Vienna, VA 22180