Terms of Service

1. These terms

These Terms of Service are an agreement between you and Mollusc AI, Inc., a Delaware corporation (“Evercrate”, “we”, “us”), for the Evercrate iOS app, the website evercrate.app and the story pages opened from share links (the “Service”). By signing in, you accept these Terms. Our Privacy Policy explains how we handle personal data.

2. Who can use Evercrate

You must be an adult (18 or older, or the age of majority where you live) to create an account. Evercrate is designed for parents, guardians and other adults in a child’s family. Children don’t have accounts; a child may enjoy stories on your device, under your supervision.

3. Your account

You sign in with Apple or Google. Keep your device and your sign-in secure: you are responsible for what happens in your account. An account is for one person; don’t share, sell or transfer it.

4. What’s free and what’s paid

• Free: reading and listening to the tales in the Evercrate library (no account needed), saving your characters, two “Change this page” edits per story, and share links.
• Paid: each personalized story uses one story credit. A story includes a cover and 12 illustrated pages. Narrating a story (over a music bed) uses one credit, once per story; a free tale without narration in your language can be narrated the same way, and the narration then stays available to everyone. A character you saved is drawn during its first story, as part of that story. A “Next episode” is a new story and uses one credit.

We may add, change or remove free tales and features over time.

5. Story credits

• Credits are sold by Apple as one-time (consumable) In-App Purchases: a first-story offer, available once per account and per device, and packs of 1, 5 and 12 credits. Prices are shown in the app before you buy, in your local currency, with taxes included where they apply.
• There is no subscription and nothing renews automatically.
• Credits never expire. They have no cash value, can’t be transferred or exchanged for money, and belong to your account: if you delete your account, unused credits are lost.
• Starting a story reserves one credit. If the story can’t be made (for example after a technical failure, or because our safety checks refuse the request), the credit is returned automatically.
• If you buy the first-story offer when it is no longer available to you, no credit is added and we will recommend that Apple refunds it.
• We may change prices for future purchases; credits you already have stay worth one story each.

6. Refunds

Apple processes all payments, so refunds are requested from Apple (for example at reportaproblem.apple.com) and decided by Apple under its rules. When Apple asks us about a refund request, you agree that we may tell Apple whether the credits were delivered, what share of them was used and our refund preference. If a purchase is refunded, its credits are removed from your balance; if you had already used them, your balance can show a negative amount until new credits cover it. Nothing in these Terms limits the rights you have under consumer law.

7. Photos and your content

• Add a photo of a child only if you are their parent or legal guardian, or have their parent’s or guardian’s permission. Add photos of anyone else only with their permission. Don’t add photos of public figures.
• You keep all rights in the photos, names and details you provide (“your content”). You give us a limited, non-exclusive, worldwide, royalty-free licence to store, copy and process your content, including with our AI providers, only to provide the Service to you. The licence ends when you delete the content or your account, except for anything we must keep by law.
• You confirm that you have the rights and permissions your content needs, and that it doesn’t break the law or anyone’s rights.

8. Your stories

As between you and us, you own the stories generated for your account, to the extent the law grants rights in them, subject to these Terms and to the rights of others, including ours in our illustration style, story structures, tales and Evercrate characters. They are meant for personal and family use: reading them, sharing them with family and friends, and printing copies for yourself. Commercial use, such as selling books, prints or merchandise or using stories in advertising, requires our written permission. You give us a licence to store your stories and show them to you and to the people you share them with, until you delete them. The tales in the Evercrate library belong to us and are licensed to you for personal use within the Service.

9. AI-generated content

Stories, illustrations and narration are generated by AI. They may contain mistakes, oddities or details that don’t look like your child, and similar content may be generated for other people. Read each story before sharing it with your child. Stories about life moments (a new sibling, the dentist, losing a pet…) are meant to comfort and to start conversations; they don’t replace professional, medical or psychological advice. Our safety checks reduce but can’t eliminate unsuitable output: if something isn’t right, use “Change this page” or tell us at contact@evercrate.app.

10. Acceptable use

Don’t use Evercrate to:

• upload photos of people without the permission described above;
• create content that is sexual, violent, hateful or harassing, or that could harm or exploit a child (we report child sexual abuse material to the authorities);
• impersonate real people or mislead others with realistic images of them;
• infringe intellectual property, privacy or other rights, for example by requesting well-known copyrighted characters;
• break the law;
• access the Service by automated means, reverse-engineer it, get around its limits or payments, or disrupt it.

We check story requests automatically and may refuse one; a refused story doesn’t use a credit. We may remove content or disable share links that break these Terms.

11. Share links

Anyone who has a share link can view that story. You decide who receives it and are responsible for sharing it appropriately. You can stop sharing at any time in the app. We may disable a link that breaks these Terms.

12. Changes to the Service

We improve Evercrate continuously and may change or remove features. We will give reasonable notice of changes that significantly affect what you have paid for. If we ever close the Service, we will tell you at least 30 days in advance so you can use your credits, and we will refund unused credits where the law requires it.

13. Ending your account

You can delete your account at any time in the app (“Delete account & data”); deletion is immediate and unused credits are lost. We may suspend or close an account for serious or repeated breaches of these Terms, for fraud or abuse, or where the law requires it, and we will tell you why when we can. If we close your account without any breach on your part, we will handle your unused credits as described in “Changes to the Service”. Sections that by their nature should survive (such as liability and disputes) survive the end of your account.

14. Disclaimer

To the extent the law allows, the Service is provided “as is” and “as available”, without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose and non-infringement. We don’t promise that the Service will be uninterrupted or error-free, or that generated content will be accurate or meet your expectations. This doesn’t limit the legal guarantees you have as a consumer.

15. Limitation of liability

To the extent the law allows, we are not liable for indirect, incidental, special, consequential or punitive damages, or for loss of data, profits or goodwill, and our total liability for any claim relating to the Service is limited to the greater of the amounts you paid for Evercrate in the 12 months before the claim and US$100. Nothing in these Terms limits liability for death or personal injury caused by negligence, for fraud, for gross negligence or wilful misconduct, or any other liability that can’t be limited by law.

16. Indemnity

To the extent the law allows, you agree to indemnify us against claims by third parties arising from your content or from your breach of these Terms. This doesn’t apply to consumers where local law prohibits it.

17. Governing law and disputes

These Terms are governed by the laws of the State of Delaware, USA, without regard to its conflict-of-laws rules. Please contact us first: most problems can be solved quickly by email.

If you live in the United States, any dispute will be resolved by binding individual arbitration administered by a nationally recognized arbitration provider under its consumer rules, except that either of us may bring an individual claim in small-claims court or ask a court to protect intellectual property. You and we waive any right to a jury trial and to take part in a class or representative action. You can opt out of arbitration by emailing contact@evercrate.app within 30 days of first accepting these Terms. To the extent the law allows, any claim must be brought within one year after it arises.

If you live in the EEA, the UK, Switzerland or any other country whose laws protect consumers, you keep the protection of the mandatory laws of your country of residence and may bring proceedings in its courts; the arbitration and class-action waiver terms don’t apply to you.

18. App Store terms

These Terms are between you and us, not Apple. Apple is not responsible for the app or its content, has no obligation to provide maintenance or support for it, and is not responsible for any claims relating to the app (including product liability, legal or regulatory compliance, or intellectual-property claims), which are ours to handle as these Terms provide. If the app fails to conform to an applicable warranty, you may notify Apple, which may refund the app’s purchase price (Evercrate is free to download); Apple has no other warranty obligation. You confirm that you are not located in a country subject to a U.S. government embargo and are not on any U.S. government list of prohibited or restricted parties. You must also follow the App Store’s Usage Rules. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

19. Changes to these Terms

We may update these Terms. We will update the date at the top and, for important changes, tell you in the app before they take effect. If you don’t agree, you can stop using the Service and delete your account; continuing to use it after the changes take effect means you accept them.

20. General

These Terms and the Privacy Policy are the entire agreement between you and us about the Service. If a provision is unenforceable, the rest remains in effect. If we don’t enforce a provision, we haven’t waived it. You may not transfer your rights under these Terms; we may transfer ours in a merger, acquisition or sale of assets, without reducing your rights. These Terms are available in English, French, German and Spanish; if the versions differ, the English version prevails unless the law of your country requires otherwise. To report content that infringes your copyright, email us with the work concerned, where it appears in the Service, your contact details and a statement that you are authorized to act.

21. Contact

Mollusc AI, Inc. (Evercrate)
Email: contact@evercrate.app