Terms of Service

1. Acceptance of Terms

By accessing or using FictionMaker.ai (the "Service"), operated by Gable Digital Solutions, Inc. ("Company," "we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to all of these Terms, you may not access or use the Service. These Terms apply to all visitors, registered users, and others who access or use the Service. Your continued use of the Service after any changes constitutes your acceptance of the revised Terms.

PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS. SEE SECTION 20 FOR DETAILS.

2. Eligibility and Age Requirements

2.1 Minimum Age

You must be at least 13 years of age to use the Service. If you are under 13, you are not permitted to use the Service, and you must not create an account or submit any personal information. By using the Service, you represent and warrant that you are at least 13 years old.

2.2 Minors Ages 13–17

If you are between 13 and 17 years of age, you may only use the Service with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms. Your parent or guardian assumes all responsibility for your use of the Service and compliance with these Terms.

2.3 EU and UK Users Under 16

If you are located in the European Union or United Kingdom and are under 16 years of age (or such higher age as may be required by the laws of your country of residence), you may not use the Service without verifiable consent from a parent or legal guardian. We reserve the right to request proof of parental consent.

2.4 Legal Capacity

You represent that you have the full legal capacity to enter into these Terms. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms.

3. Description of Service

FictionMaker.ai is a creative writing platform that provides AI-assisted tools for world-building, character development, and storytelling. We reserve the right to modify, suspend, or discontinue the Service or any feature thereof at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

4. User Accounts and Registration

4.1 Account Creation

To access certain features of the Service, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete at all times.

4.2 Account Security

You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify us at legal@fictionmaker.ai of any unauthorized use of your account or any other security breach. We will not be liable for any loss or damage arising from your failure to comply with this requirement.

4.3 One Account Per Person

You may maintain only one active account. Creating multiple accounts to circumvent account restrictions or for any other purpose is prohibited.

4.4 Account Termination

We may suspend or terminate your account immediately, without prior notice or liability, for conduct that we determine, in our sole discretion, violates these Terms or is harmful to other users, us, third parties, or for any other reason. You may terminate your account at any time through the account settings in the Service.

5. Acceptable Use Policy

You agree not to use the Service to:

• Violate any applicable federal, state, local, or international laws or regulations
• Infringe upon or violate the intellectual property rights or other rights of any third party
• Generate, upload, transmit, or distribute content that is unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, pornographic, or otherwise objectionable
• Generate content that sexualizes, exploits, or harms minors in any way
• Attempt to gain unauthorized access to any portion of the Service, other accounts, computer systems, or networks connected to the Service
• Interfere with, disrupt, or create an undue burden on the Service or networks or services connected to the Service
• Use any robot, spider, scraper, or other automated means to access the Service for any purpose without our express written permission
• Use the Service to send unsolicited communications (spam) or to harvest personal information
• Impersonate any person or entity or misrepresent your affiliation with a person or entity
• Engage in any conduct that restricts or inhibits any other user from using or enjoying the Service
• Use the Service to generate content promoting violence, hatred, discrimination, or terrorism
• Reverse-engineer, decompile, or disassemble any portion of the Service
• Remove or alter any proprietary notices or labels on the Service

We reserve the right to investigate and take appropriate action against anyone who, in our sole discretion, violates this Acceptable Use Policy, including removing content, suspending or terminating the user's account, and reporting violations to law enforcement authorities.

6. Intellectual Property

6.1 Your Content

You retain all intellectual property rights to the original creative content you author and create using our Service ("User Content"). By using our platform, you grant us a limited, non-exclusive, worldwide, royalty-free license to host, store, reproduce, modify (for technical purposes only), and display your User Content solely as necessary to provide the Service to you. This license terminates when you delete your User Content or close your account, subject to our data retention policies.

6.2 Our Platform

The Service and its original content (excluding User Content), features, and functionality—including but not limited to software, text, graphics, logos, icons, and images—are owned by Gable Digital Solutions, Inc. and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws. Unauthorized use of our intellectual property is strictly prohibited.

6.3 AI-Generated Content

Content generated by our AI tools in response to your prompts is provided as a creative aid. You are responsible for reviewing, editing, and ensuring the appropriateness of all AI-generated content before use. We do not guarantee that AI-generated content will be accurate, original, appropriate, or free from errors. You acknowledge that AI-generated content may not be entirely original and may be similar to content generated for other users. We make no representations regarding the intellectual property status of AI-generated content. You assume full responsibility for any use of AI-generated content.

6.4 Feedback

If you provide us with any feedback, suggestions, or ideas regarding the Service ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, modify, and incorporate such Feedback into our products and services without obligation or compensation to you.

7. Subscriptions, Billing, and Auto-Renewal

7.1 Subscription Plans

We offer various subscription plans with different features and usage limits. Subscription fees are charged in advance on a recurring basis (monthly or annually, as selected). All fees are stated in U.S. dollars unless otherwise specified.

7.2 Auto-Renewal

IMPORTANT AUTO-RENEWAL DISCLOSURE: Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date. We will notify you by email at least 7 days before your subscription renews. By providing payment information, you authorize us to charge the applicable subscription fee to your payment method on each renewal date. You may cancel auto-renewal at any time through your account settings or by contacting us at legal@fictionmaker.ai.

7.3 Payment

Payment is due at the time of subscription or renewal. We use third-party payment processors (including Stripe) and do not store your complete payment card information. You are responsible for maintaining accurate and current payment information.

7.4 Price Changes

We may change our subscription fees at any time with at least 30 days' prior notice. Your continued use of the Service after the price change takes effect constitutes your agreement to pay the modified fee.

7.5 Taxes

You are responsible for all applicable taxes associated with your subscription. Where required by law, we will collect and remit applicable taxes.

8. Refund Policy

8.1 General Policy

All subscription fees are generally non-refundable, except as expressly set forth below or as required by applicable law.

8.2 EU and UK Consumers — Right of Withdrawal

If you are a consumer located in the European Union or the United Kingdom, you have the right to withdraw from a subscription contract within 14 days of purchase without giving any reason (the "Cooling-Off Period"). To exercise this right, contact us at legal@fictionmaker.ai before the Cooling-Off Period expires. By requesting immediate access to the Service upon purchase, you acknowledge that you may lose your right of withdrawal once the service has been fully performed. If withdrawal is exercised, we will process your refund within 14 days.

8.3 California Consumers

California residents may cancel a subscription and receive a refund for the unused portion of a prepaid subscription period in accordance with California Business and Professions Code § 17600 et seq.

8.4 Service Credits

In cases of documented service outages or failures attributable to us, we may issue service credits at our discretion. Service credits have no cash value and may not be transferred.

9. Privacy and Data Protection

Your privacy is important to us. Our Privacy Policy, incorporated into these Terms by reference, explains how we collect, use, disclose, and safeguard your information. By using the Service, you consent to our data practices as described in our Privacy Policy. Our Privacy Policy is available at fictionmaker.ai/legal/privacy.

10. Children's Privacy (COPPA Compliance)

We are committed to complying with the Children's Online Privacy Protection Act (COPPA) and other applicable children's privacy laws. We do not knowingly collect, use, or disclose personal information from children under 13 years of age.

If we discover that we have inadvertently collected personal information from a child under 13, we will promptly delete that information and terminate the child's account. Parents or legal guardians who believe that their child under 13 has provided us with personal information may contact us at privacy@fictionmaker.ai to request review, correction, or deletion of their child's personal information. We will verify parental identity and respond to verified requests within 30 days.

11. Electronic Communications

By creating an account and using the Service, you consent to receive electronic communications from us, including emails, push notifications, and in-app messages. These communications may include service updates, security alerts, billing information, and promotional messages. You may opt out of promotional communications at any time by using the unsubscribe link in any such email or by contacting us. You may not opt out of administrative or transactional communications necessary for the operation of your account.

12. Third-Party Services and Links

The Service may contain links to third-party websites, services, or applications. We are not responsible for the privacy practices or content of such third parties. Your use of third-party services is governed by those parties' own terms and privacy policies. We do not endorse or make any representations regarding third-party services.

13. Termination

Either party may terminate the service relationship at any time. We may suspend or terminate your account immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Service will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

14. Disclaimers

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICE.

Some jurisdictions do not allow the exclusion of certain warranties. In such cases, some of the above exclusions may not apply to you, and you may have additional rights.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GABLE DIGITAL SOLUTIONS, INC., ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, GOODWILL, USE, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATED TO THE SERVICE OR THESE TERMS SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS PAID BY YOU TO US IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) $100 USD.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. To the extent prohibited by applicable law, some of the above limitations may not apply to you.

16. Indemnification

You agree to defend, indemnify, and hold harmless Gable Digital Solutions, Inc. and its affiliates, officers, directors, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Service; (b) your violation of these Terms; (c) your User Content; (d) your violation of any third-party rights; or (e) your violation of any applicable law or regulation.

17. Digital Millennium Copyright Act (DMCA)

We respect intellectual property rights. If you believe that content on the Service infringes your copyright, please send a notice to legal@fictionmaker.ai with the subject line "DMCA Notice" including: (1) identification of the copyrighted work; (2) identification of the allegedly infringing material and its location; (3) your contact information; (4) a statement of good faith belief; and (5) a statement under penalty of perjury that the information is accurate and you are authorized to act. We will respond to valid DMCA notices in accordance with the Digital Millennium Copyright Act.

18. Privacy Rights — U.S. State Residents

Certain U.S. state privacy laws grant residents additional rights. Please refer to our Privacy Policy for details specific to your state, including California (CCPA/CPRA), Virginia (VCDPA), Colorado (CPA), Connecticut (CTDPA), Texas (TDPSA), Delaware (DPDPA), and other applicable state laws.

19. EU and UK Consumer Rights

If you are a consumer located in the European Union or the United Kingdom, nothing in these Terms limits or excludes your statutory consumer rights that cannot be waived by contract. You may have rights that are more favorable than those described in these Terms. In particular, if you are an EU or UK consumer, you may have the right to refer any disputes to your local courts or applicable alternative dispute resolution (ADR) body under applicable law.

20. Dispute Resolution and Arbitration Agreement

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS.

20.1 Informal Resolution

Before initiating any formal legal proceeding, you agree to first contact us at legal@fictionmaker.ai with a written description of the dispute, your name, account information, and proposed resolution. We will attempt to resolve the dispute informally within 30 days of receiving your notice.

20.2 Binding Arbitration

If a dispute is not resolved informally within 30 days, you and the Company agree to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Service through binding individual arbitration rather than in court. This agreement to arbitrate is governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.).

20.3 Arbitration Rules

Arbitration shall be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules (available at www.adr.org). The arbitration will take place in Summit County, Ohio, unless the AAA Consumer Arbitration Rules permit another location or teleconference at your request. For claims not exceeding $10,000, the arbitration may be conducted solely on the basis of documents submitted to the arbitrator, unless either party requests a hearing. For claims exceeding $10,000, the right to a hearing is determined by the AAA rules. The arbitrator's award will be final and binding and may be entered as a judgment in any court of competent jurisdiction.

20.4 Fees

The Company will pay all AAA filing, administrative, and arbitrator fees for claims not exceeding $10,000 unless the arbitrator finds your claim frivolous. For claims exceeding $10,000, AAA fees will be allocated according to the AAA Consumer Arbitration Rules.

20.5 Class Action Waiver

YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of class, collective, or representative proceeding. If this class action waiver is found unenforceable, the entire arbitration agreement shall be null and void.

20.6 Opt-Out Right

You may opt out of this arbitration agreement by sending written notice to legal@fictionmaker.ai with the subject line "Arbitration Opt-Out" within 30 days of first accepting these Terms. Your notice must include your name and email address. Opting out of arbitration does not affect any other provision of these Terms.

20.7 Small Claims Court

Notwithstanding the arbitration agreement, either party may bring an individual action in small claims court for disputes within that court's jurisdiction.

20.8 Exception for EU/UK Users

If you are a consumer located in the European Union or the United Kingdom, the mandatory arbitration and class action waiver provisions above do not apply to you. EU consumers may bring claims before the courts in the country where they reside or before applicable ADR bodies. EU consumers may also use the European Commission's Online Dispute Resolution (ODR) platform at ec.europa.eu/consumers/odr.

21. Governing Law and Venue

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Subject to the arbitration agreement above, you agree to submit to the exclusive personal jurisdiction of the federal and state courts located in Delaware for the resolution of any disputes not subject to arbitration. If you are an EU or UK consumer, you may also bring proceedings in your local courts.

22. California Residents — Additional Disclosures

If you are a California resident, the following applies:

• Consumer Rights Notice: Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted at 1625 N. Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
• Auto-Renewal: In accordance with California Business and Professions Code §§ 17600–17606, we will provide clear disclosure of auto-renewal terms and obtain affirmative consent before charging for an automatically renewing subscription. You will receive notification at least 7 days before your subscription auto-renews, and cancellation instructions will be provided.
• Privacy Rights: California residents have additional rights under the CCPA/CPRA as described in our Privacy Policy.
• Shine the Light: California Civil Code Section 1798.83 permits California residents to request information about our disclosures of personal information to third parties for direct marketing purposes. To make such a request, contact us at privacy@fictionmaker.ai.

23. Force Majeure

Neither party shall be liable for any failure or delay in performance of its obligations under these Terms to the extent caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemic or epidemic conditions, war, terrorism, civil unrest, government action, labor disputes, power failures, internet or telecommunications outages, or actions of third parties.

24. General Provisions

24.1 Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by us on the Service, constitute the entire agreement between you and the Company with respect to the Service and supersede all prior agreements, representations, and understandings.

24.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, the remaining provisions will continue in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.

24.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. A waiver of any breach or default does not constitute a waiver of any subsequent breach or default.

24.4 Assignment

You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of our assets.

24.5 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights.

25. Changes to Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by email or by posting a prominent notice on the Service at least 30 days before the changes take effect. Material changes will not apply retroactively. If you do not agree to the modified Terms, you must stop using the Service before the effective date of the changes. For non-material changes, your continued use of the Service after the changes take effect constitutes your acceptance.

26. Contact Information

For questions about these Terms, please contact us:

Gable Digital Solutions, Inc.
Attn: Legal Department
388 South Main St Ste 440
Akron, OH 44311
United States

Email: legal@fictionmaker.ai