Fableship Terms and Conditions

§ 1. General provisions

These terms and conditions (hereinafter: the “Terms”) set out the rules and conditions for using the “Fableship” application (hereinafter: the “Application”), available at fableship.com, and the services provided by the Service Provider.
The Application is used to create personalised stories for children aged 4 to 12, together with illustrations, generated using artificial intelligence systems on the basis of data supplied by the Customer (the child's name and characteristics, the theme and the illustration style). The Application is intended both for consumers and for entrepreneurs.
The Application is intended for adults. An Account may be created, and the Agreement may be concluded, only by an adult acting as the parent or legal guardian of the child whose profile they create in the Application. The stories produced in the Application are intended for children, but a child is never a party to the Agreement.
These Terms are the terms and conditions referred to in Article 8 of the Polish Act of 18 July 2002 on the provision of services by electronic means (hereinafter: the “Act on the Provision of Services by Electronic Means”).
The Service Provider is Piotr Klimaszewski, conducting business activity under the firm Codeenable Piotr Klimaszewski (address for service: ul. Orląt Lwowskich 7 lok. 9, 71-340 Szczecin, Poland), entered in the Central Register and Information on Business Activity (CEIDG) kept by the minister competent for the economy, holding tax identification number NIP: 8471402340 and statistical number REGON: 519644425 (hereinafter: the “Service Provider”).
The Service Provider may be contacted via:
1. e-mail – at: office@codeenable.com,
2. postal mail – at: ul. Orląt Lwowskich 7 lok. 9, 71-340 Szczecin, Poland.
In accordance with Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act) (hereinafter: the “DSA”), the Service Provider has designated a contact point for direct communication with the authorities of the EU Member States, the European Commission, the European Board for Digital Services and Customers of the Application in matters covered by the DSA. The contact point is available at: office@codeenable.com. The languages of communication at this contact point are Polish and English.
Before starting to use the Application, the Customer is obliged to read these Terms and the Privacy Policy.

§ 2. Definitions

Capitalised words used in these Terms have the following meanings:

Account – a panel created in the Application's IT system enabling the Customer to use its functionalities,
Child Profile – the set of data about a child (name, age, gender, description of appearance, avatar) entered by the Customer in order to personalise a Story,
Consumer – a natural person performing a legal act with the Service Provider that is not directly related to their business or professional activity,
Credit – the unit of account in the Application; generating one Story requires the number of Credits shown in the Application before its generation is requested. Credits are not a means of payment, are not exchangeable for money and cannot be transferred to another Account,
Credit Package – a paid package of Credits purchased by a Customer who is a Consumer, on the terms set out in § 5 of these Terms and in accordance with the Price List in force at the time the order is placed,
Customer – a customer (a Consumer, an Entrepreneur with Consumer Rights or an Entrepreneur) using the Application,
Customer Content – all data (including personal data), electronic files, information and materials saved by the Customer in the Account, including Child Profiles and the data entered in the story wizard,
Entrepreneur with Consumer Rights – a natural person concluding the Agreement directly in connection with their business activity, where it follows from the content of the Agreement that it is not of a professional character for that person,
Non-compliance – the non-compliance of the Service with the Agreement (the criteria for assessing the compliance of the Service with the agreement for its provision are set out in Article 43k(1)-(2) of the Consumer Rights Act),
Payment Operator – Stripe Payments Europe, Limited, with its registered office in Dublin (Ireland), an electronic money institution authorised by the Central Bank of Ireland, which processes payments for Credit Packages; the Payment Operator is not a party to the agreement for the purchase of a Credit Package,
Price List – the document or information specifying the current price of a Credit Package, the number of Credits, the variant of the Service and any other conditions indicated therein, presented in the Application before an order for a Credit Package is placed,
Privacy Policy – the document containing information on the processing of personal data by the Service Provider, available at fableship.com/legal/privacy,
Publication – making a Story available on a publicly accessible subpage of the Application, carried out solely at the Customer's express request,
Review – the Customer's opinion about the Application, including a description of the Customer's experience related to the use of the Service,
Service – the service of using the Application provided by the Service Provider under the Agreement,
Service Provider – the term defined in § 1(5) of these Terms,
Story – a textual work together with illustrations generated in the Application on the basis of the data supplied by the Customer,
Terms – the term defined in § 1(1) of these Terms,
Agreement – an agreement for the supply of a digital service within the meaning of the Consumer Rights Act, under which the Service Provider undertakes to supply the Customer with the Service of using the Application; the condition for concluding the Agreement is the creation of an Account,
Welcome Credits – Credits granted free of charge when the Account is created, in the number indicated in the Price List, enabling the Customer to become acquainted with the functionality of the Application,
Consumer Rights Act – the Polish Act of 30 May 2014 on Consumer Rights,
Act on the Provision of Services by Electronic Means – the term defined in § 1(4) of these Terms.

§ 3. Technical requirements, rules of use and security

In order for the Customer to properly use the services provided by the Service Provider through the Application, all of the following are necessary:
1. an Internet connection,
2. a device with a current web browser supporting JavaScript and cookies (Chrome, Firefox, Safari, Edge – the current version or one of the two preceding versions),
3. an active e-mail account.
The Application is a browser application and does not require installation on a device. Using the Application does not require the Customer to install updates – the Service Provider updates the Application on its own side.
Within the Application, Customers are prohibited from using viruses, bots, worms or other computer code, files or programs (in particular scripts and applications automating processes, or other code, files or tools).
The Service Provider informs that it uses cryptographic protection of electronic transfer and of digital content by applying appropriate logical, organisational and technical measures, in particular in order to prevent third parties from accessing the data, including TLS (SSL) encryption, the use of access passwords stored solely as cryptographic hashes, two-step sign-in and restriction of access to data at the infrastructure level.
The Service Provider informs that, despite the security measures referred to in paragraph 4 above, the use of the Internet and of services provided by electronic means may carry the risk of malicious software entering the Customer's IT system and device, or of third parties gaining access to the data located on that device. In order to minimise this risk, the Service Provider recommends the use of anti-virus programs or measures protecting identification on the Internet.
Creating an Account and using the Welcome Credits is free of charge. Generating Stories beyond the number of Welcome Credits requires the purchase of a Credit Package in accordance with the Price List.
A Customer using the services provided by the Service Provider is obliged to provide only data (including personal data) consistent with the actual state of affairs. The Service Provider is not liable for the consequences of the Customer providing false or incomplete data.
The Customer declares that they:
1. are an adult and have full capacity to perform legal acts,
2. are the parent or legal guardian of the child whose data they enter into a Child Profile, or hold the consent of such a parent or guardian,
3. use the Application in accordance with applicable law,
4. hold all rights to the Customer Content entered into the Application.
The Customer is solely liable for the Customer Content and the consequences of its use, including any infringement of the rights of third parties, of the law or of these Terms.
The Customer acknowledges that the Application does not provide advisory, educational, pedagogical or therapeutic services, that Stories are of an entertainment nature and that they cannot form the basis for making parenting, medical, legal or financial decisions without independent verification.
The Service Provider has the right to temporarily block access to the Service where extraordinarily high consumption is detected, in particular the automated generation of Stories.

§ 4. Agreement for the supply of the Service

Under the Agreement, the Service Provider enables the Customer to use the functionality of the Application, to the extent resulting from the number of Credits held.
In order to conclude the Agreement, the Customer should perform the following actions:
1. go to the Application's website and select the “Create account” option,
2. complete the required data in the form that appears (e-mail address, password, first name and surname),
3. tick, as a mandatory step, the checkbox next to the statement that they have read these Terms and the Privacy Policy and accept their provisions,
4. tick, as a mandatory step, the checkbox next to the declaration of being an adult and acting as a parent or legal guardian,
5. tick, as a mandatory step, the checkbox next to the consent to the supply of the Service beginning before the withdrawal period expires, referred to in § 9(6) of these Terms,
6. click the “Create account” button,
7. enter in the Application the six-digit confirmation code sent to the e-mail address provided by the Customer.
Using the Application requires registration, the creation of an Account and confirmation of the e-mail address in the manner described in paragraph 2(7) above.
Entering a valid confirmation code is tantamount to concluding the Agreement. Upon conclusion of the Agreement the Customer receives the Welcome Credits.
Alternatively, the Customer may register using a Google or Apple account. In that case they should:
1. go to the Application's website and select the “Create account” option,
2. choose registration using a Google or Apple account,
3. tick, as a mandatory step, the checkboxes referred to in paragraph 2(3)-(5) above,
4. confirm the sharing of their e-mail address by the sign-in provider.
A Customer who is a Consumer may purchase a Credit Package at any time, on the terms set out in § 5 of these Terms and in accordance with the Price List. Purchasing a Credit Package does not require a separate agreement for the supply of the Service or a new registration.
The Customer retains all Stories and Customer Content entered into the Account irrespective of whether a Credit Package is purchased.
The provisions of paragraphs 9-15 below apply only to Customers who are Consumers or Entrepreneurs with Consumer Rights.
Should the Customer not be granted access to the Service immediately after the conclusion of the Agreement, the Customer shall call on the Service Provider to grant access to the Service immediately. Such a request may be sent by e-mail to the address indicated in § 1(6)(1) of these Terms. Should the Service Provider fail to grant the Customer access to the Service immediately after receiving that request, the Customer may withdraw from the Agreement.
Notwithstanding paragraph 9 above, should the Customer not be granted access to the Service, the Customer may withdraw from the Agreement without calling on the Service Provider to grant access, if at least one of the cases indicated in Article 43j(5) of the Consumer Rights Act occurs.
Notwithstanding paragraphs 9-10 above, the Customer may terminate the Agreement at any time by deleting their Account in the Application themselves, or by instructing the Service Provider to delete the Account by sending the relevant information to the address indicated in § 1(6)(1) of these Terms.
Withdrawal from the Agreement or its termination by the Customer, regardless of the basis for doing so, takes place by submitting to the Service Provider a statement of withdrawal from or termination of the Agreement. That statement may be sent by e-mail to the address indicated in § 1(6)(1) of these Terms.
In the event of a breach of these Terms by the Customer and a failure to remedy that breach despite a request to do so, the Service Provider may terminate the Agreement with a notice period of 7 (seven) days, by serving a notice of termination on the Customer by e-mail. After the notice period expires, the Service Provider shall cease supplying the Service. During the notice period the Service Provider may block the Customer's access to the Service where this is necessary to prevent further breaches.
The Service Provider shall delete the Account immediately upon receipt of the statement referred to in paragraphs 11-12 above, or upon the expiry of the notice period referred to in paragraph 13 above. Deleting an Account is tantamount to ceasing to make the Customer Content and Stories stored on it available to the Customer, and to their permanent deletion after the period referred to in § 12(11) of these Terms.
The Customer has the right to:
1. download all of their data and the text of their Stories in JSON format,
2. download the generated illustrations in a graphic format,
3. receive the full history of generated content.
The data is made available within 30 days of such a request being submitted to the address indicated in § 1(6)(1) of these Terms.

§ 5. Fees and billing

The seller of Credit Packages is the Service Provider. Payments for Credit Packages are processed by the Payment Operator, which accepts them on behalf of the Service Provider and is not a party to the agreement for the purchase of a Credit Package.
Credit Packages are sold only to Consumers whose place of residence is in one of the Member States of the European Union, on the same terms whichever of them the Consumer lives in. A Customer who wishes to acquire Credits in connection with their business or professional activity may contact the Service Provider at the address indicated in § 1(6)(1) of these Terms.
Credit Packages are not sold to persons resident in those territories of the Member States which, under Article 6 of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax, are excluded from the scope of that Directive, namely the Canary Islands, Ceuta and Melilla, Guadeloupe, French Guiana, Martinique, Mayotte, Réunion and Saint-Martin, the Åland Islands, Mount Athos, Büsingen am Hochrhein, the Island of Heligoland, Livigno, Campione d'Italia and the Italian waters of Lake Lugano.
When placing an order, the Customer declares the country of their place of residence. The declaration is used to determine the place of supply of the service and the applicable rate of value added tax (VAT). The Service Provider compares it with the information provided by the Payment Operator – the country in which the card or other payment instrument was issued and the country and postal code of the billing address. Where that information indicates a place of residence outside the European Union or in a territory referred to in paragraph 3 above, the Service Provider does not add Credits to the Account and refunds the entire amount paid to the Customer without undue delay, and no later than within 14 days, using the same means of payment as the Customer used.
The prices indicated in the Price List are gross amounts – they include the value added tax (VAT) due – and do not depend on the Customer's country of residence. Prices are stated in euro (EUR) for all Customers and, for Customers resident in Poland, also in Polish złoty (PLN). The price in Polish złoty is set separately in the Price List and is not obtained by converting the euro price. A Customer resident in Poland chooses the payment currency from these two currencies; all other Customers pay in euro.
The Customer's bank or card issuer may apply its own conversion or charge its own fees; these fall outside the legal relationship with the Service Provider.
To purchase a Credit Package, the Customer selects a Credit Package in the Application, declares the country of their place of residence, chooses the currency and selects the "Continue to payment" button, after which they are redirected to the Payment Operator's payment page. On that page the Customer chooses a payment method and places an order with an obligation to pay by confirming the payment with the "Pay" button or a button with equivalent wording. The agreement for the purchase of a Credit Package is concluded at the moment the Payment Operator confirms to the Service Provider that the payment has been made.
Payments for Credit Packages are made solely through the Payment Operator. The Service Provider neither receives nor stores the card number, its expiry date or its security code. The payment methods available depend on the currency of the order and on the Customer's device and include, in particular, payment cards (also through Apple Pay and Google Pay), PayPal, Klarna and Revolut Pay, in euro also iDEAL, Bancontact and EPS, and in Polish złoty also BLIK. The methods available for a given order are shown on the Payment Operator's payment page.
The price, currency and number of Credits of an order are binding for 60 minutes from the moment the "Continue to payment" button is selected. If no payment is made within that time, the order expires with no consequences for the Customer, and purchasing a Credit Package requires a new order at the Price List in force when it is placed. If the Payment Operator confirms a payment for an order that has already expired, the Service Provider fulfils it on the terms of that order.
The date of payment is deemed to be the date on which the Service Provider receives confirmation of the payment from the Payment Operator. With some payment methods the confirmation may arrive a few minutes later. Promptly upon receiving the confirmation, the Service Provider adds the purchased Credits to the Customer's Account and sends to the Customer's e-mail address a confirmation of purchase stating the name of the Credit Package, the number of Credits, the amount and currency paid, the date of payment, the order number and the Service Provider's details.
The Service Provider does not attach an invoice to the confirmation of purchase. A Consumer may request an invoice within 3 (three) months of the end of the month in which they made the payment, by sending the request together with the order number to the address indicated in § 1(6)(1) of these Terms.
A payment for a Credit Package appears on the Customer's bank or card statement under a descriptor containing the word "FABLESHIP".
For the purchase of a Credit Package the Customer is obliged to pay the price according to the amounts indicated in the Price List in force at the time the order is placed. Changes to the prices indicated in the Price List are announced in the Application and do not constitute an amendment to these Terms.
Credits do not expire and remain in the Account until they are used or the Account is deleted.
An Account may hold no more than 3,000 (three thousand) Credits at any one time. An order for a Credit Package whose purchase would take the balance above that number is not accepted.
Credits are deducted from the Account at the moment the generation of a Story is requested. Where the generation of a Story fails for reasons attributable to the Service Provider or to the providers of services used by the Service Provider, the deducted Credits are automatically returned to the Customer's Account.
Where the Service Provider refunds to the Customer the price paid for Credits (§ 9(8) and (9) of these Terms), the Credits whose price has been refunded are deducted from the Account. Where a payment for a Credit Package is reversed at the Customer's request by their bank or card issuer (a chargeback), all Credits granted for that order are deducted from the Account, including those already used, as a result of which the Credit balance may become negative. While the balance is negative no new Story can be generated; this does not affect the Customer's access to Stories already generated or to the remaining functionalities of the Account. Credits from a further Credit Package purchased are granted even while the balance is negative.
An insufficient number of Credits prevents a further Story from being generated; this does not affect the Customer's access to Stories already generated or to the remaining functionalities of the Account.

§ 6. Price List

The current Price List is presented in the Application, in particular before an order for a Credit Package is placed, in a manner allowing its content to be obtained, reproduced and recorded.
The Price List specifies the number of Welcome Credits granted free of charge when an Account is created.
The Service Provider may change the Price List at any time.
A change to the Price List does not in any way affect Credits already purchased by the Customer, nor the prices of Credit Packages ordered before the change to the Price List.

§ 7. Complaints – Consumers and Entrepreneurs with Consumer Rights

The provisions of this paragraph apply only to Consumers and Entrepreneurs with Consumer Rights.
The Service supplied to the Customer by the Service Provider must be in conformity with the Agreement relating to it for the entire period during which the Service is supplied.
The Service Provider is liable for any Non-compliance revealed during the period in which the Service is supplied.
Where a Non-compliance is revealed, the Customer may submit a complaint containing a request to bring the Service into conformity with the agreement for its supply.
A complaint is submitted by e-mail to the address indicated in § 1(6)(1) of these Terms.
A complaint should include:
1. the Customer's first name and surname,
2. the e-mail address under which the Account is held,
3. a description of the Non-compliance revealed,
4. a request to bring the Service into conformity with the agreement for its supply.
The Service Provider may refuse to bring the Service into conformity with the agreement for its supply if this is impossible or would require the Service Provider to incur excessive costs.
Having considered the complaint, the Service Provider shall provide the Customer with a response in which it:
1. upholds the complaint and indicates the planned date for bringing the Service into conformity with the agreement for its supply,
2. refuses to bring the Service into conformity with the agreement for its supply for the reasons indicated in paragraph 7 above,
3. rejects the complaint as unfounded.
The Service Provider shall respond to the complaint by e-mail within 14 (fourteen) days of its receipt.
If the complaint is upheld, the Service Provider shall, at its own expense, bring the Service into conformity with the agreement for its supply within a reasonable time from receipt of the complaint and without excessive inconvenience to the Customer, taking into account the nature of the service and the purpose for which it is used. The planned date is indicated by the Service Provider in its response to the complaint.
Where a Non-compliance is revealed, the Customer may submit to the Service Provider a statement of price reduction or of withdrawal from the Agreement where:
1. bringing the Service into conformity with the agreement for its supply is impossible or requires excessive costs,
2. the Service Provider has not brought the Service into conformity with the agreement for its supply in accordance with paragraph 10 above,
3. the Non-compliance persists even though the Service Provider has attempted to bring the Service into conformity with the agreement for its supply,
4. the Non-compliance is so significant as to justify withdrawal from the Agreement without first requesting the Service Provider to bring the Service into conformity,
5. it is clear from the Service Provider's statement or from the circumstances that the Service Provider will not bring the Service into conformity with the agreement for its supply within a reasonable time or without excessive inconvenience to the Customer.
The statement referred to in paragraph 11 above may be submitted by e-mail to the address indicated in § 1(6)(1) of these Terms and should include:
1. the Customer's first name and surname,
2. the e-mail address under which the Account is held,
3. the date on which the Service was supplied,
4. a description of the Non-compliance,
5. an indication of the reason for submitting the statement, chosen from those listed in paragraph 11 above,
6. a statement of price reduction together with the reduced price, or a statement of withdrawal from the Agreement.
Where the Customer withdraws from the Agreement, the Service Provider shall delete the Account immediately upon receipt of the statement of withdrawal and shall refund to the Customer the price paid for unused Credits, on the terms set out in § 9(9) of these Terms.
Pursuant to Article 34(1a) of the Consumer Rights Act, where the Customer withdraws from the agreement for the supply of the Service, the Customer is obliged to cease using that Service and to cease making it available to third parties.

§ 8. Complaints – Entrepreneurs

The provisions of this paragraph apply only to Entrepreneurs who are not Entrepreneurs with Consumer Rights.
Where a non-compliance of the Service with these Terms is revealed, the Customer may submit a complaint.
The complaint shall be submitted in writing or by e-mail to the address indicated in § 1(6) of these Terms, no later than within 30 days of the date on which the non-compliance was revealed.
The complaint should include:
1. the Customer's name,
2. the e-mail address,
3. a description of the revealed non-compliance of the Service with these Terms.
The Service Provider may refuse to bring the Service into conformity with these Terms if this is impossible or would require the Service Provider to incur excessive costs.
Having considered the complaint, the Service Provider shall provide the Customer with a response in which it:
1. upholds the complaint and indicates the planned date for bringing the Service into conformity with these Terms,
2. refuses to bring the Service into conformity with these Terms for the reason indicated in paragraph 5 above,
3. rejects the complaint as unfounded.
The Service Provider shall respond to the complaint by e-mail within 21 (twenty-one) days of its receipt. In particularly complex cases the deadline for responding may be extended to 30 calendar days.

§ 9. Right of withdrawal

Pursuant to Article 27 et seq. of the Consumer Rights Act, a Customer who is a Consumer or an Entrepreneur with Consumer Rights has the right to withdraw from the Agreement without giving any reason within 14 (fourteen) days of its conclusion.
The Service Provider extends the right of withdrawal from the Agreement to other Entrepreneurs as well.
The Customer exercises the right of withdrawal by submitting a statement of withdrawal to the Service Provider. To meet the deadline it is sufficient to send the statement before the deadline referred to in paragraph 1 above expires.
The statement of withdrawal may be submitted by the Customer in any form, in particular on the form constituting Annex No. 2 to the Consumer Rights Act, and may be sent to the address indicated in § 1(6) of these Terms.
Where a statement of withdrawal is submitted, the Service Provider shall promptly send the Customer confirmation of its receipt by e-mail.
When creating an Account, the Customer consents to the supply of the Service beginning before the withdrawal period expires and acknowledges that, once the Service has been fully performed by the Service Provider, they will lose the right of withdrawal from the Agreement. That consent is a condition for the Application and the Welcome Credits being made available immediately.
In accordance with Article 38(1)(13) of the Consumer Rights Act, the right of withdrawal does not apply to those Stories which have already been generated at the Customer's request following the consent referred to in paragraph 6 above. Withdrawal from the Agreement remains effective in respect of unused Credits, the price of which is subject to refund.
Independently of the right of withdrawal from the Agreement, the Customer may, within 14 (fourteen) days of the conclusion of an agreement for the purchase of a Credit Package (§ 5(7) of these Terms), withdraw from that agreement without giving any reason and without deleting the Account, in respect of the Credits from that Package that have not been used. Credits are used in the order in which they were granted; the unused Credits of a Package are therefore those that remain in the Account once all Credits granted earlier have been used. Paragraphs 3 to 5 above apply to the statement of withdrawal from an agreement for the purchase of a Credit Package.
Where the Customer withdraws from the Agreement or from an agreement for the purchase of a Credit Package, the Service Provider shall refund to the Customer the price paid for the unused Credits, calculated in proportion to their share of the Credits in the Package concerned, without undue delay and no later than within 14 (fourteen) days of receipt of the statement. The refund is made in the currency of the payment, through the Payment Operator, using the same means of payment as the Customer used, unless the Customer has expressly agreed to another means of refund that involves no costs for them. Credits whose price has been refunded are deducted from the Account. Welcome Credits are not refundable.
Where the Customer withdraws from the Agreement, the Service Provider shall delete the Account immediately upon receipt of the statement of withdrawal. Withdrawal from an agreement for the purchase of a Credit Package does not result in the deletion of the Account.

§ 10. Customer Content and Reviews

Stories generated in the Application are by default available only in the Customer's Account. A Story becomes publicly available solely as a result of a Publication made at the Customer's express request.
The Customer may send the Service Provider Reviews concerning the services provided by the Service Provider. A Review may be submitted by any means, including by e-mail.
Submitting a Review does not oblige the Service Provider to publish it. A Review published by the Service Provider may be removed by it at any time.
It is prohibited to post Customer Content, Publications and Reviews:
1. containing false data, or contrary to the law, these Terms or good morals,
2. containing content serving activities prohibited by law, inciting violence or hatred, or insulting any group of persons or any person,
3. containing content that may infringe personal rights, copyright, image rights or other rights of third parties,
4. containing advertising, promotional, political, religious or discriminatory content,
5. containing content promoting activities competing with the Service Provider,
6. unsuitable for children, in particular content of a sexual or graphic nature or promoting dangerous behaviour.
Every person using the Application (hereinafter: the “Notifier”) is entitled to report a Publication, Customer Content or a Review that may infringe these Terms or the law.
A notification may be made by e-mail to: office@codeenable.com.
A notification should include the following information:
1. a sufficiently substantiated explanation of the reasons why the content in question constitutes illegal content or content infringing these Terms,
2. a clear indication of the exact electronic location of the information, in particular the exact URL,
3. the name or business name and the e-mail address of the Notifier, except for a notification concerning information considered to be related to one of the offences referred to in Articles 3 to 7 of Directive 2011/93/EU,
4. a statement confirming the Notifier's good-faith belief that the information and allegations contained in the notification are accurate and complete.
Upon receipt of a notification, the Service Provider shall send the Notifier confirmation of its receipt to the e-mail address indicated by them.
Where a notification does not contain the elements indicated in paragraph 7 above or contains errors, the Service Provider may ask the Notifier to supplement or correct it within 14 days of receiving that request. Where the Notifier fails to do so, the Service Provider may leave the notification unexamined.
The Service Provider verifies the reported content within 14 days of receiving a complete and correct notification. Pending examination of the notification, the Service Provider may block the visibility of the reported content.
Having verified the notification, the Service Provider removes content infringing these Terms or restores content not infringing them (if its visibility was blocked at the verification stage), stating the reasons for its decision.
Where a Publication is blocked, the Service Provider shall promptly notify both the Notifier and the Customer who made the Publication, stating the reasons for its decision. Blocking a Publication does not delete the Story from the Customer's Account – the Story remains available to the Customer alone.
The statement of reasons for the Service Provider's decision includes:
1. an indication of whether the decision entails the removal of the content, the blocking of its visibility, its demotion or the imposition of other measures, and, where applicable, the territorial scope of the decision and its period of validity,
2. the facts and circumstances on the basis of which the decision was taken, including, where applicable, information on whether the decision was taken on the basis of a notification or on the basis of voluntary own-initiative checks carried out by the Service Provider,
3. information on the use of automated means in taking the decision, including whether the content was detected or identified using automated tools,
4. where the decision concerns potentially illegal content – an indication of the legal or contractual ground on which the decision is based,
5. clear and user-friendly information on the possibilities of appealing against the decision.
A Customer whose content has been removed or blocked, and a Notifier whose request for removal the Service Provider refuses, may lodge an appeal against the Service Provider's decision:
1. by e-mail – to: office@codeenable.com,
2. in writing, preferably by registered letter – to: ul. Orląt Lwowskich 7 lok. 9, 71-340 Szczecin, Poland.
The appeal should include the name or business name of the appellant, contact details (e-mail address, correspondence address) and a detailed justification of why, in the appellant's view, the Service Provider's decision is erroneous and should be changed.
The Service Provider shall promptly confirm receipt of the appeal by sending a notification to the e-mail address indicated by the appellant. Appeals are considered within 14 days of receipt by an authorised person on the Service Provider's side; these activities are not carried out in an automated manner, without human involvement.
The Service Provider shall notify the appellant of the decision taken as a result of the appeal by e-mail.
Submitting a Review is tantamount to the Customer declaring that they are its sole author. The Customer bears full responsibility for the content of the Review and the consequences of its publication.
Submitting a Review and making a Publication is tantamount to granting the Service Provider a free-of-charge, non-exclusive licence to use it without time or territorial restrictions in the Service Provider's promotional materials and within the Application (hereinafter: the “Licence”). The Licence entitles the Service Provider to modify a Review where this is necessary in order to disseminate it in a particular way, without changing its substance or content.
The Customer may withdraw a Publication at any time, which is tantamount to terminating the Licence in respect of that Story for the future.

§ 11. Use of artificial intelligence (AI)

The Service Provider informs that the Application uses the following artificial intelligence systems:
1. OpenAI GPT and OpenAI GPT Image, made available as part of the OpenAI API service by OpenAI Ireland Limited – for generating the text of Stories and the illustrations respectively,
2. Azure AI Content Safety, made available by Microsoft Ireland Operations Limited – for moderating content entered by the Customer and content that has been generated,
3. Azure Translator, made available by Microsoft Ireland Operations Limited – for translating content entered by the Customer for the purposes of generation.
The systems referred to in paragraph 1 are limited-risk AI systems within the meaning of Regulation (EU) 2024/1689 of the European Parliament and of the Council (the Artificial Intelligence Act, hereinafter: the “AI Act”). The Service Provider complies with the transparency obligations arising from Article 50 of the AI Act, in particular by informing that the text of a Story and its illustrations have been generated by an artificial intelligence system.
The Customer acknowledges that the results generated by AI:
1. may contain errors, inaccuracies or so-called hallucinations,
2. require human verification before being shown to a child,
3. do not constitute parenting, educational, medical, legal or financial advice.
The Service Provider applies multi-layered content moderation (checking the input data, constructing prompts on the server side and checking the generated content) in order to ensure that Stories are suitable for children. The Service Provider does not, however, guarantee that moderation will detect every instance of unsuitable content, and therefore it is recommended that a parent or guardian read a Story before showing it to a child.
The data entered into the Application, including the data in a Child Profile and the text of the “magic ingredient”, is transferred to the providers referred to in paragraph 1 solely to the extent necessary to generate a Story. That data is not used to train artificial intelligence models. The details of the processing of personal data are described in the Privacy Policy.
The Service Provider is not liable for decisions taken by the Customer solely on the basis of content generated by AI, nor for the consequences of showing a child a Story that the Customer has not read beforehand.
Rights to a Story vest in the Customer to the extent permitted by law, subject to the rights of the providers of the AI models and the terms of use of their services. The Customer acknowledges that:
1. content generated by AI may not be protected by copyright,
2. similar content may be generated for other users, and the Service Provider does not guarantee the uniqueness of the results.
A Customer who disseminates a Story outside the Application undertakes to mark it as generated using artificial intelligence wherever the law so requires.

§ 12. Liability and service level

The Service Provider undertakes to provide the Services with due diligence. The Service is provided on an “as is” and “as available” basis, subject to mandatory provisions of law.
The Service Provider makes every effort to keep the Application continuously available but does not warrant any particular level of availability (SLA). The Service Provider gives advance notice of planned maintenance work where possible.
The Parties exclude the Service Provider's liability for lost profits of a Customer who is an Entrepreneur and is not an Entrepreneur with Consumer Rights.
The Service Provider does not warrant any particular level of performance, effectiveness or usefulness of the Application in relation to the Customer's specific needs and uses, nor any particular time for generating a Story.
The Service Provider may limit, modify or disable certain functionalities of the Application where this is necessary to ensure compliance with the law, with decisions of supervisory authorities or with regulators' guidelines, without incurring liability towards the Customer.
To the extent permitted by the provisions of the Civil Code and the Consumer Rights Act, the Service Provider is not liable towards Customers for the consequences of:
1. Customers using any services or functionalities available within the Application contrary to their intended purpose,
2. Customers providing incorrect or false data,
3. the use of the data authorising access to the Account by third parties, where those persons came into possession of that data as a result of its disclosure by the Customer or as a result of the Customer's insufficient protection of it.
To the extent permitted by the provisions of the Civil Code and the Consumer Rights Act, the Service Provider is not liable for disruptions to the functioning of the Application resulting from:
1. force majeure, which is also deemed to include the unavailability of the interfaces (APIs) of key external providers, in particular providers of AI models, and a prohibition on the use of specific AI models imposed by supervisory authorities,
2. necessary maintenance work carried out in the Application,
3. reasons attributable to the Customer,
4. reasons beyond the Service Provider's control, in particular the actions of third parties for which the Service Provider is not responsible.
The Service Provider undertakes to carry out the work referred to in paragraph 7(2) above in the least burdensome manner possible for Customers and, where possible, to inform them in advance of planned work.
The Service Provider undertakes, as far as possible, to remove disruptions to the functioning of the Application on an ongoing basis.
The Customer undertakes to release the Service Provider from liability and to cover all damages, costs and third-party claims arising in connection with use of the Application contrary to these Terms, with the Customer Content and with the Customer's breach of the law. The foregoing includes in particular the costs of court and administrative proceedings and of legal services. The provisions of this paragraph do not apply to Consumers or to Entrepreneurs with Consumer Rights.
After the Agreement ends, the Service Provider provides access to the data for a further 30 days and then permanently deletes it. At the Customer's request the data may be deleted earlier. Before deletion, the Customer may request a full export of the data in the manner described in § 4(15) of these Terms.

§ 13. The Service Provider's intellectual property

All components of the Application, in particular the name of the Application, its logo, photographs and descriptions, the principles of operation of the Application, all of its graphic elements, the interface, the software, the source code and the databases, are subject to legal protection under the Polish Act of 4 February 1994 on Copyright and Related Rights, the Act of 30 June 2000 – Industrial Property Law, the Act of 16 April 1993 on Combating Unfair Competition and other provisions of generally applicable law, including provisions of European Union law.
The Service Provider grants the Customer a non-exclusive, non-assignable, non-transferable licence to use the Application solely to the extent resulting from these Terms and the number of Credits held.
The licence does not cover:
1. the right to modify, copy or decompile the Application,
2. the right to make the Application available to third parties, unless these Terms provide otherwise.
Any use of the Service Provider's intellectual property without its prior, express permission, in breach of these Terms, is prohibited.
It is prohibited to use the Application for the purpose of:
1. creating competing products,
2. testing, benchmarking or reverse engineering,
3. circumventing technical or licensing limits,
4. mass, automated harvesting of content generated in the Application.
The Service Provider is entitled to monitor the manner in which the Application is used to the extent necessary to ensure security, prevent abuse and enforce these Terms.
A breach of the above rules entitles the Service Provider to suspend the Account immediately or to terminate the Agreement without notice.

§ 14. Out-of-court dispute resolution – Consumers and Entrepreneurs with Consumer Rights

The provisions of this paragraph apply only to Consumers and Entrepreneurs with Consumer Rights.
A Customer who is a Consumer or an Entrepreneur with Consumer Rights has the opportunity to use out-of-court methods of handling complaints and pursuing claims.
Detailed information on the possibility of using out-of-court methods of handling complaints and pursuing claims, and the rules of access to those procedures, are available at the offices and on the websites of:
1. district (municipal) consumer ombudsmen and social organisations whose statutory tasks include consumer protection,
2. the Provincial Inspectorates of the Trade Inspection,
3. the Office of Competition and Consumer Protection.

§ 15. Personal data

Information on the processing of personal data by the Service Provider, including the data of children whose Profiles are created by the Customer, is set out in the Privacy Policy.

§ 16. Change of the Service – Consumers and Entrepreneurs with Consumer Rights

The provisions of this paragraph apply only to Consumers and Entrepreneurs with Consumer Rights.
The Service Provider may change the Service where:
1. it is necessary to adapt the Service to newly created devices or software used by Customers to use the Service,
2. the Service Provider decides to improve the Service by adding new functionalities or modifying existing ones, including changing the provider or version of the AI model used,
3. there is a legal obligation to make changes, including the obligation to adapt the Service to the current state of the law.
A change to the Service may not entail any costs on the Customer's part.
The Service Provider informs the Customer of a change made to the Service by placing a message about the changes in the Account. Irrespective of this, information about the change may be sent to Customers by e-mail.
If a change to the Service will significantly and adversely affect access to the Service, the Service Provider is obliged to inform the Customer of:
1. the characteristics and timing of the change, and
2. the Customer's right to terminate the Agreement with immediate effect within 30 (thirty) days of the change being made.
The Service Provider shall send the information referred to in paragraph 5 above to the Customer by e-mail, no later than 7 (seven) days before the change is made.
Termination of the Agreement by the Customer under paragraph 5(2) above takes place by submitting to the Service Provider a statement of termination, which may be sent by e-mail to the address indicated in § 1(6)(1) of these Terms.
Termination of the Agreement under paragraph 5(2) above has the same effects as § 7(13) of these Terms provides for in the event of withdrawal from the Agreement due to a Non-compliance.

§ 17. Amendment of the Terms

The Service Provider may amend these Terms where:
1. the scope of the Service Provider's business activity changes,
2. the Service Provider begins to supply new services, modifies the services supplied to date or ceases to supply them,
3. a technical modification of the Application is made that requires the provisions of these Terms to be adapted to it, including a change of the provider of artificial intelligence services or of the infrastructure,
4. the Service Provider's details change, in particular its address or e-mail address,
5. there is a legal obligation to make changes, including the obligation to adapt these Terms to the current state of the law.
The Customer will be informed of an amendment to these Terms by the publication of the amended version in the Application. Irrespective of this, information about the amendment will be sent to the Customer by e-mail no later than 14 (fourteen) days before the amendment takes effect.
Agreements concluded before the amendment of these Terms are governed by the provisions of the Terms in force at that time.
A Customer who does not agree to an amendment of these Terms may terminate the Agreement with immediate effect within 14 (fourteen) days of receiving information about the amendment. A failure to give notice is deemed to be consent to the amendment.
Termination of the Agreement takes place by submitting to the Service Provider a statement of termination, which may be sent by e-mail to the address indicated in § 1(6)(1) of these Terms, or by deleting the Account in the Application.
Immediately upon receipt of the statement referred to in paragraph 5 above, the Service Provider shall delete the Account and refund to the Customer the price paid for unused Credits.

§ 18. Final provisions

The current version of these Terms is in force as of 23 August 2026.
The Service Provider may transfer the rights and obligations arising from the Agreement to another entity as part of a restructuring, a sale of the business or within a group of companies. A Customer who is a Consumer will be informed of this 30 days in advance and may, within that period, terminate the Agreement with immediate effect.
If any provision of these Terms proves invalid, the remaining provisions remain in full force.
These Terms constitute the entire agreement of the Parties and supersede all previous arrangements.
A failure to enforce the provisions of these Terms does not constitute a waiver of the right to enforce them at a later date.
These Terms are governed by Polish law. Any disputes arising under these Terms shall be resolved through amicable negotiations and, should no agreement be reached, before the common court having jurisdiction over the Service Provider's place of business.
These Terms are made available in Polish and English and, in addition, in translations into German, French, Italian, Spanish, Russian and Turkish. The authentic versions are the Polish and English versions; the remaining language versions are provided for information only and, in the event of any discrepancy, the Polish and English versions prevail.
The provisions of these Terms do not prejudice the mandatory provisions of law applicable to the Consumer's place of habitual residence.
In matters not regulated by these Terms, the provisions of generally applicable Polish law shall apply.