Plodyo Terms of Service

The following Terms of Service (the “Terms”) constitute a binding agreement between you and Plodyo LLC (“Plodyo,” “we,” “our,” and “us”), regarding your use of Plodyo’s website (the “Website”) and online story generation platform (the “Platform, and collectively with the Website, the “Services”).

By accessing or using the Services in any manner, you agree to be bound by these Terms.

PLEASE NOTE THAT, EXCEPT AS PROVIDED BELOW, THESE TERMS REQUIRE RESOLUTION OF DISPUTES THROUGH USE OF AN ARBITRATION SERVICE. YOU HEREBY AGREE THAT ALL DISPUTES ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES WILL BE RESOLVED IN ACCORDANCE WITH SECTION 22 BELOW.

Plodyo reserves the right, at its sole discretion, to modify these Terms at any time and without prior notice. The date of the last modification to the Terms will be posted at the beginning of these Terms. It is your responsibility to check from time to time for updates. By continuing to access or use the Services, you are indicating that you agree to be bound by any modified Terms.

Plodyo respects your privacy. To learn more about how we handle personal data, please see our Privacy Policy.

Parents can use the Platform to generate personalized stories with accompanying text, illustrations, and video (each, a “Personalized Story”) for their children. The Platform also includes a variety of preexisting stories with accompanying text, illustrations, and video for parents to share with their children (each, a “Pre-Built Story”, and collectively with Personalized Stories, “Stories”).

You may only create an account on the Platform if you are at least 18 years of age. If you create an account, you may let your children view Stories on the Platform under your supervision.

You must create an account if you want to use the Platform.

You promise to provide us with accurate, complete, and updated registration information about yourself. You are responsible for maintaining the confidentiality of your account, and are fully responsible for any and all activities that occur under your account, including the activities of your children under your account. You agree to immediately notify Plodyo of any unauthorized use of your account or any other breach of security. Plodyo will not be liable for any loss or damage arising from your failure to comply with this section.

If you would like us to terminate your account, you can do so by emailing Plodyo at Support@plodyo.com.

Plodyo hereby grants you permission to access and use the Services, provided such use is in compliance with these Terms, and you further specifically agree that your use will adhere to the following restrictions and obligations:

• You may only use the Services and Stories for your own personal, non-commercial use and in accordance with these Terms and any codes of conduct provided by Plodyo.
• You may only use the Services for lawful activity. It is your responsibility to comply with all applicable local, state, and federal laws and regulations.
• You may not submit information or content to the Services that you do not have the right to submit. For example, you may not submit content for Personalized Stories that is based on intellectual property that you do not have the right to use (e.g., Harry Potter, Cinderella, or similar stories).
• You may not use the Services in any manner that Plodyo deems to be harmful, violent, fraudulent, deceptive, explicit, inappropriate, threatening, harassing, defamatory, obscene, or otherwise objectionable.
• Except to the extent the Platform permits you to download Stories, you may not copy or export any content encountered on the Services, in any form.
• You may not bulk copy or “scrape” any portion of the Services content using a bot or other tool.
• You may not decompile, reverse engineer, or otherwise attempt to obtain the source code or underlying ideas or information of or relating to the Services.
• You may not enter, store or transmit viruses, worms or other malicious code within, through, to or using the Services.
• You may not defeat, avoid, bypass, remove, deactivate or otherwise circumvent any software protection mechanisms in the Services.
• You may not remove or obfuscate any product identification, copyright or other proprietary notice from any element of the Services or associated documentation.
• You will not access the Services for the purpose of building a similar or competitive product, course, or service, or share with or assist any third party in doing so.
• Any content generated by users—including Stories—is intended solely for entertainment and educational purposes. It must not be relied upon as medical, psychological, psychiatric, legal, or other professional advice.

Plodyo may provide you with access to third-party websites, platforms, and services (collectively, “Third-Party Platforms”). You hereby acknowledge that Plodyo does not control such Third-Party Platforms, and cannot be held responsible for their content, operation, or use. Your use of Third-Party Platforms is subject to their respective terms of service. Plodyo does not give any representation, warranty, or endorsement, express or implied, with respect to the legality, accuracy, quality, or authenticity of content, information, or services provided through such Third-Party Platforms. Plodyo disclaims any and all responsibility or liability for any harm resulting from your use of such Third-Party Platforms, and you hereby irrevocably waive any claim against Plodyo with respect to the content or operation of any such Third-Party Platforms.

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Services (“Feedback”). You agree that Plodyo has the right, but not the obligation, to use such Feedback without any obligation to provide you credit, royalty payment, or ownership interest in the changes to the Services.

Plodyo may modify the Services from time to time. Plodyo shall have no liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that you or any other third party may incur as a result of changes to the Services.

Plodyo respects copyright law and expects our users to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”) of 1998, the text of which may be found on the U.S. Copyright Office website at https://www.copyright.gov/legislation/dmca.pdf, Plodyo will respond to claims of copyright infringement committed using the Services that are reported to us, provided they meet the criteria below.

If you are a copyright owner, or a designated agent thereof, please report alleged copyright infringements taking place on or through the Services by providing us the following information (the “Notice”):

You may deliver this notice, with all items completed, to us, as follows:

Upon receipt of the Notice as described above, Plodyo will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Services.

If you breach these Terms, Plodyo may immediately and without notice suspend your access to the Services or terminate these Terms and permanently disable your access to the Services. You may terminate your account at any time through the Website. If you terminate, your access to the Platform will continue at the then-current Subscription Tier until the end of the applicable billing period.

Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any limitations on our liability, any terms regarding ownership or intellectual property rights, indemnification, and terms regarding disputes between us.

To the fullest extent allowed by applicable law, you agree to indemnify, defend, and hold Plodyo, its affiliates, officers, agents, and employees harmless from and against any and all third-party claims, and any resulting liabilities, damages, losses and expenses (including attorneys’ fees) arising from or in any way related to (a) your use of the Services (including any actions taken by a third party using your account), (b) Your Content, (c) your violation of these Terms, and (d) any dispute between you and one or more other users.

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL PLODYO BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $20 OR (II) THE AMOUNTS PAID BY YOU TO PLODYO IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THE APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

Any notices or other communications permitted or required hereunder will be in writing and given by Plodyo (a) via email (in each case to the address that you provide) or (b) by posting to the Website.

The failure of Plodyo to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.

You may not assign or transfer these Terms, by operation of law or otherwise, without Plodyo’s prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and of no effect. Plodyo may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. Unless a person or entity is explicitly identified as a third-party beneficiary to these Terms, these Terms do not and are not intended to confer any rights or remedies upon any person or entity other than the parties.

If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

These Terms are governed by and will be construed under the laws of the state of Virginia, without regard to the conflicts of laws provisions thereof. The arbitration shall be held in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. The arbitration shall be held in the US county of your most recent physical address or, if there is no such US county, in Fairfax County, Virginia. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.

Notwithstanding the foregoing obligation to arbitrate disputes, you acknowledge that a breach of Sections 7 (Acceptable Use) and 9 (Content) will cause irreparable harm to Plodyo, for which damages will be difficult to ascertain, and therefore you hereby agree that Plodyo shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction, without the necessity of proving actual damages or posting any bond. For all purposes of these Terms, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in Fairfax County, Virginia. Any arbitration under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND PLODYO ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

These Terms constitute the entire agreement between you and Plodyo regarding your use of the Services, and supersede all prior written or oral agreements.

If you have any questions about the Services, please do not hesitate to contact us at support@Plodyo.com.