Terms of use – Fabula

§ 2 Who may hold an account; use by children

(1) Only persons of legal age with full legal capacity may create a user account. The contracting party is always the adult who created the account.

(2) The stories are made for children. Children use Fabula via the account of a parent or another person with parental responsibility or supervising them and under that person's responsibility. This person decides which stories a child listens to and accompanies the use in a manner appropriate to the child's age.

(3) Parent mode. Everything that requires input or uses credits – new stories and sequels, creating and editing characters, keywords, purchases, reports and settings – is protected by a parent PIN that you set the first time it is called up. Without the PIN, children can only listen to stories that have already been created. You are responsible for choosing a PIN that children do not know and for additionally securing purchases in the Google account (purchase authentication in Google Play). The withdrawal function (§ 7) is deliberately also accessible without the PIN.

§ 3 Description of services

(1) Fabula uses artificial intelligence to generate personalised audio stories. The range of functions includes in particular:

• creating characters with name, age, gender, role (main or supporting character) and a predefined illustration,
• choosing from ten genres for children's stories and entering optional keywords,
• generating a story in five chapters with a title, in the language set in the app (German, English, Spanish, French, Italian or Portuguese),
• voice-over of the chapters with a synthetic voice; choice of several voices with a sample,
• playback with text to read along, adjustable speed, automatic continuation and sleep timer,
• saving stories on the device for playback without an internet connection,
• sequels to an existing story (“Part 2”, “Part 3” etc.),
• reporting stories that are not right,
• parent mode with parent PIN for new stories, characters, purchases, reports and settings (§ 2(3)),
• labelling of every story as AI-generated.

(2) A story is designed for a reading time of usually about 7 to 10 minutes. Each story is generated anew for each request. Plot, length, choice of words and style result from your specifications and from the way the AI works; they are not predictable and not repeatable. We do not owe any particular content. Details of the nature of AI-generated content are governed by § 8.

(3) Generating stories, the voice samples and loading stories require an internet connection. Stories saved on the device can be played without a connection.

(4) Installing the app and creating an account are free of charge. Generating a story costs one credit (§ 5). Voice samples, replaying and saving stories already generated are free of charge.

(5) We may change the app where this is necessary for a valid reason – for example to adapt it to new Android versions, to changed interfaces of our service providers, to new legal provisions, for reasons of security or for further development. You will not incur any additional costs, and we will inform you clearly and comprehensibly about the change. If a change impairs your access to the app or its usability more than merely insignificantly, we will inform you in good time beforehand on a durable medium (e.g. by email) about the features and time of the change and about your right to terminate the contract free of charge within 30 days; in that case we will refund unused, purchased credits in accordance with § 14(3) (Section 327r BGB).

§ 4 Registration and conclusion of contract

(1) These Terms and the privacy policy are linked in the app on first launch, in the registration form and under “Settings → Legal”. In the registration form you confirm by ticking a box that you are of legal age and accept these Terms; registration is not possible without this tick.

(2) The user contract is concluded when you register with an email address and password and confirm your email address via the link sent to you.

(3) The details you provide when registering must be correct. Your email address must be reachable, because we use it to send password links and information about changes to the contract.

(4) Keep your password secret. If there is a suspicion that a third party knows it, change it via “Forgot password” and inform us.

(5) We store which version of these Terms you accepted when registering and when. We do not keep the contract text itself available for you to retrieve; you can retrieve, save and print the currently valid Terms at any time in the app under “Settings → Legal” and online. The contract language is German.

§ 5 Credits

(1) What a credit is. Credits are a balance in your account with which you generate stories. One credit is used for one story (five chapters with voice-over) or one sequel. Credits are not a currency, not e-money and not a means of payment.

(2) Purchase. Credits are bought in packages via Google Play. The app shows before the purchase which packages are available and what they cost. Before the purchase we ask you for your express consent to our providing the credits immediately, and for confirmation that your right of withdrawal thereby expires (§ 7(3)); without this consent a purchase in the app is not possible. After Google has confirmed the purchase, the credits are credited to your account; this can take a few seconds. You then receive a contract confirmation by email with product, price, time, order number and the wording of your consent. These are one-off purchases, not a subscription; there are no recurring costs.

(3) Use. The credit is used when you start generating a story. If generation fails for technical reasons for which you are not responsible, the credit is automatically refunded. If the voice-over of individual chapters cannot be created, it is attempted again on replay at no further cost.

(4) No expiry. Credits do not expire as long as the user contract exists. What applies at the end of the contract is governed by § 14.

(5) Tied to the account. Credits are tied to the account to which they were credited. They cannot be transferred to other accounts, sold or exchanged for money; the refund under § 14(3) remains unaffected.

(6) Free credits. Credits that we credit without a purchase – for example as compensation for a reported, unusable story or as part of a promotion – are not refunded in money.

(7) Reversal of a purchase. If a purchase is reversed – for example by withdrawal, refund by Google or chargeback of the payment – we may debit the credits credited from it again, to the extent that they have not yet been used.

§ 6 Prices and payment

(1) The price displayed in the Google Play payment dialog at the time of purchase applies. All prices are final prices including statutory value added tax.

(2) Payment is made exclusively via Google Play with the payment method stored in your Google account. We do not receive or store any payment method data. Google Play provides you with the purchase receipt.

(3) Refunds by Google are governed by the Google Play provisions and are requested from Google. Your statutory rights under § 7 and § 12 and refunds under § 14(3) remain unaffected.

§ 7 Right of withdrawal for consumers

(1) Consumers generally have a right of withdrawal for distance contracts. Since the purchase of credits is handled via Google Play in accordance with § 1(3), withdrawal from the purchase can also be declared to Google; Google provides a procedure for this in the Google Play Store.

(2) Where a contract subject to withdrawal is concluded with us, the following applies:

Withdrawal instruction

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day of the conclusion of the contract.

To exercise your right of withdrawal, you must inform us (SimplyNext, Nuri Toker, Mechenseerstr. 12, 88316 Isny im Allgäu, Germany, phone: +49 1743389049, email: info@simplynext.de) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or an email). You may use the attached model withdrawal form for this, but it is not mandatory.

You can also exercise your right of withdrawal via the withdrawal function in the app: “Withdraw from contract” under “Settings → Legal” and in the dialog for entering the parent PIN (there without a PIN). We will confirm receipt of your withdrawal to you without delay by email with content, date and time.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

End of the withdrawal instruction

(3) Early expiry. In the case of a contract for the supply of digital content that is not supplied on a tangible medium, the right of withdrawal expires when we have begun performance of the contract after you

1. have expressly consented to our beginning performance of the contract before the withdrawal period expires,
2. have confirmed your knowledge that by giving your consent you lose your right of withdrawal when performance of the contract begins, and
3. we have provided you with a confirmation of the contract in which your consent and acknowledgement are recorded (Section 356(5) BGB).

In the app we obtain consent and confirmation before every purchase by means of a box that you have to tick yourself; you receive the confirmation under no. 3 by email (§ 5(2)). If these conditions are not met, the right of withdrawal continues to exist for the entire period.

§ 8 AI-generated content

(1) How the stories are created. The text and voice-over of the stories are generated automatically from your specifications by the AI of a third-party provider (currently OpenAI). The text AI does not receive the names of your characters; we only insert them afterwards (see privacy policy). We do not read the stories before playback and do not select them.

(2) What we do. Keywords and finished stories pass through an automatic content review. We reject keywords that are not suitable for a children's story before a credit is used; a story that does not pass the review is rewritten or – if that does not succeed – not delivered and the credit refunded. In addition, we give the AI binding content rules: suitable for children aged about 6 to 8, nothing frightening, no violence, no danger to the characters, a happy ending. We continuously review and improve these requirements, in particular on the basis of reports.

(3) What we cannot promise. AI systems work with probabilities. We therefore do not warrant that every story

• is coherent in content, complete or free of repetition,
• is factually correct – this also applies to stories in the “Learning” genre, which do not replace teaching material,
• takes up your keywords in the way you imagined,
• has the same quality in every language.

(4) Accompaniment by adults. We recommend that you first listen to new stories yourself or listen along, especially with sensitive children.

(5) Reporting. If a story is not right – for example frightening, not age-appropriate, hurtful or factually wrong – please report it via “Report content” in the story. We look at every report. If the story is unusable, we credit the credit used back to you; further statutory rights (§ 12) remain unaffected.

(6) Labelling. The narrator voices are synthetically generated and are not recordings of real speakers. Stories and voices are AI-generated content; the app labels every story as “Written and read by AI”.

§ 9 Rights to content

(1) Your inputs. We do not acquire any rights to your inputs – character names, keywords, report texts. You merely grant us the right to store these inputs and to transmit them to our service providers to the extent necessary to provide the service. They are not used to train AI models.

(2) Generated stories. We do not claim any rights to the stories and audio versions generated for you. To the extent that rights to them nevertheless arise with us, we grant you a non-exclusive right of private use, unlimited in time and territory and free of charge – including reading and playing them aloud among family and friends.

(3) Publication. Publication or commercial exploitation of the stories is not the subject of this contract. If you do so nevertheless, this is at your own responsibility: AI-generated content may not enjoy copyright protection, and we cannot warrant that it is free of third-party rights.

(4) The app itself. For the duration of the user contract we grant you a non-exclusive, non-transferable right to use the app on your devices as intended. All rights to the app – software, design, illustrations, name and logo – remain with us or the respective rights holders.

§ 10 Obligations of the user

(1) Details about third parties. If you name characters after real persons, use only details that you are entitled to use – for example about your own child. A first name or nickname is enough; do not enter surnames, addresses or other identifying details.

(2) No sensitive details. Do not enter any health data, details of religion, origin or comparably sensitive information about yourself or others in keywords and reports. The inputs are transmitted to the AI provider (see privacy policy).

(3) Prohibited use. It is prohibited in particular

• to make inputs aimed at unlawful, violence-glorifying, discriminatory, sexual or other content unsuitable for children,
• to circumvent content filters, usage limits, the parent PIN or other protective mechanisms,
• to use the app or our server interfaces in an automated manner (e.g. by scripts or bots),
• to sell accounts or credits or to make them available to third parties for a fee,
• to decompile or modify the app; acts that are mandatorily permitted by law (e.g. Section 69e of the German Copyright Act, UrhG) remain unaffected.

(4) Access data and PIN. You keep the password and parent PIN secret and ensure that children cannot make settings and purchases without you.

§ 11 Availability and updates

(1) We endeavour to ensure availability with as few interruptions as possible. Maintenance work, disruptions at service providers (Supabase, OpenAI, RevenueCat, Google Play) and overloads can temporarily prevent the generation and loading of stories. We do not warrant any particular availability. Saved stories remain playable regardless.

(2) To protect against abuse and overload, the number of requests per account and period is limited. The limit is far above normal private use.

(3) Updates (Section 327f BGB). During the term of the contract we provide updates that are necessary to maintain conformity with the contract – in particular security updates and adaptations to new Android versions. The Google Play Store informs you about available updates.

(4) If you do not install an update provided within a reasonable period, we are not liable for defects that are due solely to the absence of this update, provided that we have informed you about the update and the consequences of failing to install it and the failure to install is not due to defective installation instructions (Section 327f(2) BGB).

§ 12 Liability for defects

(1) The statutory provisions on the supply of digital products apply (Sections 327 et seq. BGB), in particular the claims to subsequent performance, price reduction, termination of the contract and damages in accordance with § 13.

(2) The nature of AI-generated content is governed by § 3(2) and § 8. The fact that a story turns out differently than expected, repeats itself in details or occasionally contains minor linguistic errors is not in itself a defect. Nor are restrictions a defect that are due solely to the age, configuration or operating system of your device, if the device does not meet the minimum requirements stated in the Google Play Store.

(3) If a story is defective, we may, by way of subsequent performance, at our choice enable a new story without the use of a credit or credit the credit back.

(4) Please report defects via “Report content” or to info@simplynext.de – for technical errors with the device model, Android version, app version and a description of how the error occurs.

§ 13 Liability

(1) We are liable without limitation for intent and gross negligence, for injury to life, body or health, where we have assumed a guarantee, for fraudulent concealment of a defect, and under the German Product Liability Act.

(2) In the event of a slightly negligent breach of a material contractual obligation – an obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance you may regularly rely – our liability is limited to the foreseeable damage typical of the contract at the time the contract was concluded.

(3) Otherwise our liability for slight negligence is excluded.

(4) The above limitations also apply in favour of our legal representatives and vicarious agents. They do not apply to claims arising from the breach of data protection provisions to the extent that the GDPR does not permit a limitation, and they do not affect your rights under § 12.

(5) The above provisions do not involve any change in the burden of proof to your disadvantage.

§ 14 Term, termination, account deletion

(1) The user contract runs for an indefinite period.

(2) Termination by you. You can end the contract at any time without notice by deleting your account in the app under “Settings → Delete account” or by notifying us of the termination from the email address of your account to info@simplynext.de. Merely uninstalling the app does not end the contract; your account and your balance then continue to exist.

(3) Unused credits at the end of the contract. If the contract ends, we will on request refund you the pro rata purchase price of the purchased credits not yet used; the price per credit you paid for the respective package is decisive. Credits credited free of charge (§ 5(6)) are deemed to have been used first. Please make the request before deleting your account, as we can no longer assign the credits to a purchase afterwards. If we terminate the contract under paragraph 4 or discontinue the service, we will refund of our own accord. If we terminate the contract for good cause under paragraph 5 because of a breach for which you are responsible, mutual statutory claims remain unaffected.

(4) Ordinary termination by us. We may terminate the contract with two months' notice in text form (email is sufficient), for example if we discontinue the service. Until the termination takes effect you can continue to use your credits and save stories on your device.

(5) Termination for good cause. The right of both parties to terminate for good cause remains unaffected. Good cause exists for us in particular in the case of serious breaches of § 10(3) or breaches repeated despite a warning, or if an account was created by a minor contrary to § 2(1).

(6) Consequences. At the end of the contract your account and the data associated with it are deleted in accordance with the privacy policy. If you delete your account in the app, the app at the same time removes the saved stories, the parent PIN and the settings on that device; before deletion it shows you your remaining balance. Audio files saved on other devices remain there until the app is uninstalled; you may continue to use them privately within the scope of § 9(2).

§ 15 Changes to these Terms

(1) We may change these Terms with effect for the future if this is necessary because of a change in the legal situation or case law, because of new or changed functions of the app or for comparable objective reasons.

(2) We will notify you of the changed Terms at least six weeks before they take effect, in the app and by email, and highlight the changes. The changed Terms become part of the contract only with your express consent, which you can give in the app. Your silence or mere continued use does not count as consent.

(3) If you do not consent, the previous Terms continue to apply. In that case we may terminate the contract under § 14(4); we will then refund unused, purchased credits in accordance with § 14(3).

(4) Changes to the prices for future purchases of credits are not a change to these Terms; the price displayed at the time of purchase applies (§ 6(1)). Credits already purchased retain their value of one credit per story.

§ 16 Data protection

Information on the processing of personal data can be found in the privacy policy, available in the app under “Settings → Legal → Privacy policy” and online.

§ 17 Consumer dispute resolution

We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board (Section 36(1) no. 1 of the German Consumer Dispute Resolution Act, VSBG). You can contact us directly at any time: info@simplynext.de

§ 18 Final provisions

(1) The law of the Federal Republic of Germany applies. If you as a consumer have your habitual residence in another country, you retain the protection of the mandatory consumer protection provisions of that country (Art. 6(2) Rome I Regulation).

(2) The statutory places of jurisdiction apply to consumers.

(3) Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions remains unaffected. The invalid provision is replaced by the statutory provisions (Section 306(2) BGB).

(4) The German version of these Terms is authoritative. Translations are for information only.

Annex: Model withdrawal form

(If you wish to withdraw from the contract, please complete this form and send it back.)

To SimplyNext, Nuri Toker, Mechenseerstr. 12, 88316 Isny im Allgäu, Germany, email: info@simplynext.de:

I/We (*) hereby give notice that I/we (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*)

– Ordered on (*)/received on (*)

– Name of consumer(s)

– Address of consumer(s)

– Signature of consumer(s) (only if this form is notified on paper)

– Date

(*) Delete as appropriate.

Contact

SimplyNext

• Email: info@simplynext.de
• Phone: +49 1743389049