Terms of Service

1. Business Relationship

These terms of service govern the business relationship between Tweerly ("we", "us", "our") and the business entities ("Business Client", "you", "your") that use our AI-powered personalization services for children's books.

By accessing or using our services, you confirm that you are entering into these terms on behalf of a business entity and not as an individual consumer, and that you have the authority to bind that entity to these terms.

2. Services Description

Tweerly provides AI-powered technology services that transform end-user photographs into personalized book characters that match the artistic style of children's books. Our services are provided exclusively to businesses and not directly to consumers. These services include API access, image processing, character generation, quality control tools, and related technologies as described in our service documentation.

3. Business Client Responsibilities

As a Business Client, you are responsible for:

• Obtaining all necessary rights, permissions, and consents from end users (including parental/guardian consent for children's images) before submitting any content to our services
• Ensuring your use of our services complies with all applicable laws and regulations, including those related to children's privacy and data protection (such as COPPA in the United States and GDPR in Europe)
• Maintaining appropriate security measures for your API credentials and preventing unauthorized access to our services
• Providing your own end users with appropriate terms of service and privacy policies that accurately reflect how their data will be processed
• Reviewing and approving generated content before final production and distribution

4. Data Processing and Privacy

We process end-user data solely as a service provider to you. You remain the data controller for any end-user data submitted to our services, while we act as the data processor. We will:

• Process end-user data only in accordance with your documented instructions and these terms
• Implement appropriate technical and organizational measures to protect end-user data
• Delete or return all end-user data after the provision of services as outlined in our Privacy Policy
• Assist you, as reasonably possible, in responding to requests from data subjects and authorities

5. Special Provisions for Children's Data

Given the nature of our services involving children's photographs, you must:

• Obtain verifiable parental consent before submitting any child's photograph or personal information to our services
• Provide parents/guardians with clear notice of how their child's data will be processed
• Honor any parent/guardian's request to access, correct, or delete their child's personal information

6. Intellectual Property

Our IP: The services and their entire technology stack, including AI models, algorithms, APIs, and interfaces, are owned by Tweerly and are protected by intellectual property rights.

Your IP: You retain all rights to your original content. You grant us a limited license to use submitted content solely to provide the services.

Generated Content: Rights to personalized characters and illustrations created through our services are assigned to you upon full payment of associated fees, subject to the limitations in these terms.

7. Usage Restrictions

You agree not to use our services:

• In any way that violates applicable laws or regulations
• For creating content that could be deemed harmful, inappropriate, discriminatory, or exploitative of children
• To reverse engineer or attempt to extract our AI models or algorithms
• To exceed API rate limits or otherwise interfere with the integrity of our services
• To resell, redistribute, or provide direct API access to third parties without our express written permission

8. Fees and Payment

Fees for our services are as specified in your service agreement or our published pricing. Payment terms, billing cycles, and refund policies are detailed in your service agreement. We reserve the right to change pricing with advance notice as specified in your service agreement.

9. Term and Termination

These terms remain in effect until terminated. Either party may terminate with notice as specified in your service agreement. Upon termination, all rights and licenses granted herein will cease, except for rights to fully paid generated content already delivered. We may suspend services immediately if we reasonably believe you have breached these terms.

10. Warranties and Disclaimers

We warrant that the services will perform substantially in accordance with our documentation. EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICES ARE PROVIDED "AS IS" AND WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

11. Limitation of Liability

EXCEPT FOR OBLIGATIONS RELATED TO CONFIDENTIALITY, DATA PROTECTION, OR INDEMNIFICATION, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. OUR TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE AMOUNTS PAID BY YOU FOR THE SERVICES IN THE TWELVE MONTHS PRECEDING THE CLAIM.

12. Indemnification

You will indemnify and hold us harmless from any claims, damages, liabilities, costs, and expenses arising from your breach of these terms, your violation of any third-party rights, or your end users' use of content generated through our services.

13. Changes to Terms

We reserve the right to modify these terms at any time with reasonable notice to you. Your continued use of the services after such notification constitutes acceptance of the modified terms.

14. Governing Law

These terms are governed by the laws of The Netherlands, without regard to its conflict of law principles. Any disputes shall be resolved in the courts of Amsterdam, The Netherlands.

15. Contact Us

If you have any questions about these terms, please contact us at legal@tweerly.com.