Fablyos: Terms of Service

1. Agreement; Who We Are; Definitions

1.1 Agreement. These Terms of Service, together with the Privacy Policy incorporated by Section 10 (the "Terms"), form a binding agreement between you ("you" or the "User") and Fablyos LLC, a Texas limited liability company ("Fablyos," "we," "us" or the "Operator"), governing your access to and use of the Fablyos website at fablyos.com, the Fablyos Android app, and related software and services (together, the "Service"). By creating an account, or by accessing or using the Service, you confirm that you have read, understood and agree to be bound by these Terms. If you do not agree, you may not access or use the Service.

1.2 Definitions. "Content" means any text, image, data or other material. "User Content" means Content you submit to the Service, including actions, dialogue, character descriptions, world-builder answers and reference pictures. "Generated Content" means Content produced by or through the Service in response to User Content, including story passages, characters ("cards"), worlds, maps and pictures. "Content Level" means the General, Teen or Mature setting that governs the Content permitted in a story or world. "Third-Party Providers" means the independent service providers identified in Section 5 of the Privacy Policy.

1.3 Operator and Contracting Party. Fablyos is operated by Fablyos LLC, a Texas limited liability company ("Fablyos," "we," "us," or "our"). Fablyos LLC is the contracting party for your use of the Service, subject to these Terms. For legal notices, privacy requests, or other inquiries, contact us at support@fablyos.com or write to: Fablyos LLC, 5900 Balcones Drive, Suite 100, Austin, TX 78731, United States.

2. Eligibility and Accounts

2.1 Age. You must be at least thirteen (13) years of age to use the Service. You give your date of birth when you create your account; if it shows you are under thirteen (13), no account is created and nothing you entered is kept. Users aged thirteen (13) through seventeen (17) are restricted to the Teen Content Level or below, without exception, and cannot make purchases or hold a paid plan. The Mature Content Level is available only to Users whose registered date of birth shows they are eighteen (18) years of age or older (or the age of majority in their jurisdiction, if higher). Sexually explicit Content is not available on the Service at any level.

2.2 Accuracy. You represent and warrant that the date of birth and other information you give are true and accurate. Your date of birth cannot be changed by you after registration; contact the Operator if it is wrong. An account registered as under eighteen (18) becomes an adult account automatically in the month after its holder's eighteenth birthday. Misstating your age is a material breach of these Terms and grounds for immediate termination. Where an app store or other trustworthy source tells the Operator that you are younger than your registered age, the Operator may apply the restrictions for the younger age.

2.3 Account Security. Accounts are personal and non-transferable; you may not share, sell or lend your account. You are responsible for keeping your password and recovery code confidential and for all activity under your account, and you shall promptly notify the Operator of any unauthorized use. Because your stories are encrypted with your own credentials (Privacy Policy, Section 3), the Operator cannot recover them if you lose both your password and your recovery code.

2.4 Registration. Accounts may be created by invitation or, where the Operator has opened registration, by anyone eligible under Section 2.1. The Operator may limit the number of accounts created from a network or in a period of time, and may refuse or close any registration in its discretion.

3. The Service and AI-Generated Content

3.1 Fiction. The Service is a tool for interactive fiction. Generated Content is produced by AI models, is fictional, and may be inaccurate, inconsistent, surprising or offensive despite the Operator's safeguards. It is not advice of any kind (including medical, legal, financial, technical or safety advice) and must not be relied on as fact. Any resemblance of Generated Content to real persons or events is unintended.

3.2 Beta Testing. The Service is in Closed Beta 0.53: private testing, with access by invitation only, and it is under active development. Features, worlds, Content Levels, models and limits may change, be interrupted or be discontinued at any time, with or without notice. The Operator may, but has no obligation to, keep any particular Content, feature or world available.

3.3 Usage Limits. The Operator may set daily and monthly spending or usage allowances for any account or plan. When an allowance is used up, pictures, world building or all generation may pause until the allowance renews. Free accounts have the limits shown in the Service at the time of use.

3.4 Third-Party Services. The Service relies on the Third-Party Providers in Section 5 of the Privacy Policy. Their availability and conduct are outside the Operator's control, and the Operator is not responsible for them.

4. Prohibited Content

4.1 Absolute Prohibitions. Irrespective of Content Level, account type, privacy setting or any claimed fictional, artistic, historical or other context, you shall not submit, request, generate, solicit, store or distribute through the Service, and the Service will refuse to produce, any of the following, in text or images:

• child sexual abuse material (CSAM) or child sexual exploitation material;
• sexual content involving minors or age-ambiguous or childlike persons;
• bestiality or zoophilia;
• sexual or intimate content depicting real, identifiable persons; and
• any Content that is unlawful in the United States or in the jurisdiction from which you access the Service.

4.2 Restricted Categories. The following are also prohibited at every Content Level, in text and pictures, whether a story is private or shared: non-consensual sexual content, including rape; incest; sexual violence; sex trafficking or sexual exploitation; and sexual content under mind control or compulsion.

4.3 Construction. For the purposes of Sections 4.1 and 4.2:

• (a) "minors or age-ambiguous or childlike persons" means any person or character who is, appears to be, or is described as under eighteen (18) years of age, whose age is ambiguous, or who is described or depicted with childlike features, regardless of any stated age, species, origin or other claimed attribute, whether written, drawn or computer-generated;
• (b) "incest" includes persons related by blood, adoption or marriage, including step-relations; "bestiality" includes animals, non-sapient creatures, and shapeshifting characters in full animal form;
• (c) "non-consensual sexual content" includes sexual Content in which any participant does not freely and clearly consent, including by force, threat, coercion, blackmail or abuse of authority, or while asleep, unconscious, drugged, intoxicated or otherwise incapacitated; "mind control or compulsion" includes hypnosis, magical charm or compulsion, love or lust potions, pheromones and any other means that overrides a participant's will;
• (d) "sexual violence" means violence or physical injury in connection with sexual activity, including choking, strangulation, striking, the drawing of blood, the use of weapons or torture; consensual dominance, restraint and roughness that cause no injury are permitted, in non-explicit terms, at the Mature Content Level; and
• (e) "sex trafficking or sexual exploitation" includes sexual Content involving slaves, captives, or any person bought, sold, owned or trafficked, or forced or coerced commercial sex.

4.4 Clarifications. Sapient, adult, humanoid fictional characters (including beastkin, lamia, and shapeshifters in human or hybrid form) are treated as persons and not animals, provided they are adults in both stated age and depicted appearance. Sections 4.1 and 4.2 concern sexual Content; stories may otherwise include villains, historical or fictional wrongdoing, slavery, magic and combat, within the limits of the story's Content Level.

5. Acceptable Use

5.1 You shall not, and shall not attempt to:

• (a) evade, disable, test or circumvent any safety system of the Service, including by rephrasing, encoding, translation, role-play framing, or instructions directed at the AI;
• (b) use the Service as a general-purpose AI system, or for any purpose other than interactive fiction, including to obtain code, instructions for real-world harm, or the Service's hidden instructions;
• (c) access the Service by automated means (bots, scrapers, scripts) other than the Service's own pages and apps, or download, scrape or extract Content or worlds except as Section 8.4 allows;
• (d) copy, modify, reverse engineer, decompile or create derivative works of the Service's software, except as law expressly permits;
• (e) interfere with or overload the Service, probe its security, or access accounts, data or systems you are not authorized to access;
• (f) upload pictures of real persons without their consent, impersonate any person, or harass, threaten or defame anyone;
• (g) infringe the intellectual property, privacy or other rights of others; or
• (h) use the Service in violation of any law, including export control and sanctions laws.

6. How Content Filtering Works

6.1 Overview. To keep the Service lawful and within each story's Content Level, User Content and Generated Content pass through several independent automated checks, each designed to catch what another misses. No system is perfect: lawful Content is sometimes blocked, and unwanted Content may occasionally get through. The Operator has no obligation to permit any particular Content, and you agree that blocks are not a breach of these Terms by the Operator.

6.2 The checks.

• (a) Instant pattern rules. Your inputs and every passage are screened on the Service's own server for combinations of words indicating minors or childlike persons in a sexual context, and for the prohibited themes in Section 4. A match blocks the Content immediately. These deterministic rules are not subject to prompt-based manipulation, but indirect phrasing may evade a fixed pattern list; additional safety checks are used to catch content the pattern rules miss.
• (b) Protected characters. Every character in a world whose age is under eighteen, unknown, or described in childlike terms is treated as a protected character. Sexual Content involving a protected character is blocked at every Content Level.
• (c) Moderation service. Text, and every generated picture, is checked by a moderation model operated by OpenAI. Text it scores as possibly sexual and involving minors is blocked, using a threshold stricter than the provider's own.
• (d) AI classification. Sexual passages are further checked by an AI classifier, in any language, for the themes in Sections 4.1 and 4.2.
• (e) Content Level limits. Each Content Level sets limits on sexual content, nudity and graphic violence in both text and pictures. Content above the story's level is blocked.
• (f) Pictures. Every generated picture is checked by the moderation service. Nude or sexual pictures, and pictures exceeding the story's Content Level, are discarded at every level.
• (g) Misuse. Attempts to use the AI for anything other than the story (for example, to obtain code or the Service's hidden instructions) are refused, and repeated attempts pause the account for a short time.
• (h) Fail closed. If a required check is unavailable, the Service restricts itself: stories are limited to the Teen Content Level and pictures are refused until the check is available again.
• (i) Generation models. Pictures and clips are made with standard, content-moderated models; the Service does not use models sold as "uncensored". The model provider's own filtering is an additional layer that the Operator does not control. It does not replace the checks above and is not a guarantee that any picture or clip will be free of content that breaches these Terms.

6.3 Blocked Content. Content that fails a check is discarded and is not stored. The Operator keeps only a record that a block occurred: the time, the account, the story, the stage, the category of the block and numerical classifier scores.

6.4 Strikes. A block for sexual Content involving minors or childlike persons is a strike. Three (3) strikes within any thirty (30) day period suspend the account automatically. The Operator may also suspend or terminate an account for a single serious violation.

6.5 Your Reports. Every passage and picture has a Report button. Reports are reviewed by the Operator and used to correct the Service's writing and filters (Privacy Policy, Section 9). The Operator does not monitor stories in real time and cannot read stored stories (Privacy Policy, Section 3); it acts on what its automated checks and your reports show.

6.6 Shared Content. Worlds shared in the catalog, and their cover pictures, are checked automatically and may be reviewed by the Operator before or after they appear. The Operator may edit, restrict or remove shared Content at any time.

6.7 Legal Reporting. Notwithstanding any other provision of these Terms, the Operator will comply with all applicable legal obligations, including any obligation to report apparent child sexual abuse material to the National Center for Missing & Exploited Children under 18 U.S.C. § 2258A, and will respond to valid legal process from law enforcement.

7. Your Content, Generated Content and Licenses

7.1 Your Content. As between you and the Operator, you retain whatever rights you hold in your User Content. You grant the Operator a non-exclusive, worldwide, royalty-free license to host, process, transmit and display your User Content solely as necessary to operate, secure and improve the Service and to comply with law.

7.2 Generated Content. To the extent the Operator holds any rights in Generated Content produced for you, the Operator assigns them to you, subject to the rights of others in shared worlds (Section 8) and to the terms of the Third-Party Providers. Generated Content may not be unique; similar Content may be generated for others. The Operator makes no representation that Generated Content is protectable by copyright or free of third-party rights.

7.3 Your Warranties. You represent and warrant that you have all rights necessary to submit your User Content, including any reference pictures, and that your User Content and your use of the Service comply with these Terms and applicable law.

7.4 Feedback. If you send ideas, suggestions or feedback, the Operator may use them without restriction or obligation to you.

7.5 The Service. The Service, including its software, design, the Operator's own worlds, and all related intellectual property, belongs to the Operator and its licensors. Except for the limited right to use the Service under these Terms, no rights are granted to you.

8. Worlds and Sharing

8.1 Default Sharing. Worlds you build are shared by default. Unless you deselect "Share" when building, or withdraw sharing later, a copy of the world's cards is added to a catalog available to all accounts on the Service. General worlds are copied as built; Teen and Mature worlds are shared only as a Teen-level copy rewritten by AI. Your world-builder answers and your stories are never shared.

8.2 License to Other Users. By sharing a world, you grant every other User of the Service a non-exclusive, royalty-free, perpetual license to use, play, copy and modify the shared copy within the Service. Copies and stories made before you withdraw sharing may be retained by those Users.

8.3 Attribution; Removal. You may have a shared copy attributed to your username or presented anonymously. You shall share only material you created or are entitled to share. Worlds you do not share are private on the same terms as your stories.

8.4 No Export of Catalog Worlds. Worlds in the shared catalog, including the Operator's own worlds, their cards, characters, events and rules, may be played and copied only within the Service. You shall not download, scrape, export or otherwise extract them, in whole or in substantial part, for use in any other service, product or AI system. You may download your own stories, and worlds you built or uploaded yourself; copies of other people's worlds made within the Service may not be downloaded.

9. Copyright Complaints and DMCA Notices

9.1 Policy. Fablyos respects the intellectual property rights of others and responds to copyright infringement notices in accordance with applicable law, including the Digital Millennium Copyright Act (17 U.S.C. § 512), where applicable.

9.2 Notices. If you believe material available through the Service infringes a copyright you own or are authorized to represent, submit a written notice to our designated copyright agent (Section 9.3) containing the information required by applicable law. This generally includes:

• (a) identification of the copyrighted work claimed to have been infringed;
• (b) identification of the allegedly infringing material and information reasonably sufficient for us to locate it;
• (c) your contact information, including your name, mailing address, telephone number and email address;
• (d) a statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• (e) a statement that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on the owner's behalf; and
• (f) your physical or electronic signature.

9.3 Designated Agent. Send notices to: Copyright Agent, Fablyos LLC, 5900 Balcones Drive, Suite 100, Austin, TX 78731, United States; or by email to support@fablyos.com with the subject line "DMCA Notice." Notices that do not substantially comply with this Section may not be acted on.

9.4 Our Response. On receiving a valid notice, the Operator will remove or disable access to the identified material and will take reasonable steps to notify the User who submitted or shared it.

9.5 Counter-Notices. If material you submitted or shared was removed and you believe this was the result of a mistake or misidentification, you may send a counter-notice to the designated agent that includes: (a) identification of the material removed and where it appeared before removal; (b) a statement, under penalty of perjury, that you have a good-faith belief the material was removed as a result of mistake or misidentification; (c) your name, address and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located (or, if your address is outside the United States, any judicial district in which the Operator may be found), and that you will accept service of process from the person who sent the original notice or that person's agent; and (d) your physical or electronic signature. The Operator may forward the counter-notice to the person who sent the original notice and may restore the material in ten (10) to fourteen (14) business days unless that person tells the Operator that they have filed a court action seeking to restrain the alleged infringement.

9.6 Repeat Infringers. The Operator terminates, in appropriate circumstances, the accounts of Users who are repeat infringers.

9.7 Misrepresentation. Under 17 U.S.C. § 512(f), a person who knowingly and materially misrepresents that material is infringing, or that it was removed by mistake or misidentification, may be liable for damages.

10. Privacy

10.1 Our Privacy Policy explains what personal information we collect, how we use and share it, how long we keep it, and your privacy rights and how to exercise them. The Privacy Policy is part of these Terms. References in these Terms to the "Privacy Policy" mean that document as published at fablyos.com/privacy.

11. Plans and Payments

11.1 The Service is currently free of charge, subject to the allowances in Section 3.3. If paid plans are offered, their prices, allowances and billing terms will be shown before you subscribe; fees are payable in advance, are non-refundable except where required by law or stated at purchase, and exclude taxes, which you will pay where applicable. The Operator may change plan prices or allowances with at least thirty (30) days' notice for any renewal. Users under eighteen (18) may not purchase plans.

12. Suspension and Termination

12.1 You may stop using the Service and delete your account at any time. The Operator may suspend or terminate your account, or remove any Content, at any time if you breach or are reasonably suspected of breaching these Terms, if required by law, to protect the Service or other Users, or if the Service is discontinued, with or without notice. Where reasonable and lawful, the Operator will tell you why.

12.2 On termination, your right to use the Service ends. Sections 4, 6.7, 7, 8.2, 8.4 and 13 through 19 survive termination, and the Privacy Policy continues to apply to information kept after termination.

13. Disclaimers

13.1 The Service and all Content are provided "as is" and "as available," without warranties of any kind, express, implied or statutory, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy and quiet enjoyment, and any warranties arising from course of dealing or usage of trade. The Operator does not warrant that the Service will be uninterrupted, secure or error-free, that Content will be accurate, appropriate or preserved, or that any defect will be corrected.

13.2 Some jurisdictions do not allow the exclusion of certain warranties; in them, the above exclusions apply to the fullest extent permitted by law.

14. Limitation of Liability

14.1 To the fullest extent permitted by law, neither the Operator nor its members, managers, employees, agents or licensors will be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of data, stories, profits, goodwill or use, arising out of or relating to these Terms or the Service, however caused and under any theory of liability, even if advised of their possibility.

14.2 The total liability of the Operator for all claims arising out of or relating to these Terms or the Service will not exceed the greater of (a) the amounts you paid the Operator in the twelve (12) months before the event giving rise to the claim and (b) one hundred U.S. dollars (US $100).

14.3 These limits do not apply to liability that cannot be limited by law, such as for fraud or for death or personal injury caused by negligence where such limits are prohibited.

15. Indemnification

15.1 You will defend, indemnify and hold harmless the Operator and its members, managers, employees and agents from any claims, losses, liabilities and expenses (including reasonable attorneys' fees) arising out of your User Content, your use of the Service, or your breach of these Terms or of any law or third-party right. The Operator may assume the defense of any such matter, and you will cooperate with it.

16. Dispute Resolution; Arbitration; Class Action Waiver

Please read this Section carefully. It affects your legal rights.

16.1 Informal resolution first. Before starting any proceeding, you and the Operator agree to try to resolve the dispute informally for at least sixty (60) days, starting when one party sends the other a written description of the dispute and the relief sought (to the Operator at the contact address in Section 20; to you at your account's email address, if any, or within the Service).

16.2 Binding arbitration. Any dispute, claim or controversy arising out of or relating to these Terms or the Service that is not resolved informally will be resolved by final and binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The arbitration will be conducted in English, by video or telephone where possible, or otherwise in Travis County, Texas. The arbitrator may award the same individual relief a court could. Judgment on the award may be entered in any court of competent jurisdiction. The Federal Arbitration Act governs this Section.

16.3 Exceptions. Either party may bring an individual claim in small-claims court, and either party may seek injunctive relief in court to protect its intellectual property or to stop unauthorized use or abuse of the Service.

16.4 Class action waiver. You and the Operator each agree to bring claims only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated or representative proceeding. The arbitrator may not consolidate claims or preside over any form of class or representative proceeding.

16.5 Opt-out. You may opt out of this Section 16 by sending written notice, with your username and a clear statement that you opt out of arbitration, to the contact address in Section 20 within thirty (30) days after you first accept these Terms. Opting out does not affect any other part of these Terms.

16.6 Severability. If the class action waiver in Section 16.4 is found unenforceable as to any claim, that claim will proceed in court under Section 17 and not in arbitration. If any other part of this Section 16 is found unenforceable, the rest remains in effect.

17. Governing Law and Venue

17.1 These Terms are governed by the laws of the State of Texas, United States, without regard to its conflict-of-law rules, and by applicable federal law. Subject to Section 16, the state and federal courts located in Travis County, Texas have exclusive jurisdiction, and you and the Operator consent to their personal jurisdiction. Nothing in these Terms removes protections you have under the mandatory consumer laws of the country where you live.

18. Changes to These Terms

18.1 The Operator may change these Terms, including the Privacy Policy. Material changes will be announced in the Service, and you will be asked to read and accept the new version before you continue using the Service. The version and effective date appear at the top of this page. If you do not agree to a change, stop using the Service and delete your account. Changes do not apply to disputes that arose before they took effect.

19. General

19.1 Entire agreement. These Terms are the entire agreement between you and the Operator about the Service and supersede all prior understandings. 19.2 Severability. If any provision is held unenforceable, it will be enforced to the maximum extent permissible and the rest will remain in effect. 19.3 No waiver. A failure to enforce a provision is not a waiver of it. 19.4 Assignment. You may not assign or transfer these Terms; the Operator may assign them, including in connection with a merger, acquisition or sale of assets. 19.5 Force majeure. The Operator is not liable for delays or failures caused by events beyond its reasonable control, including outages of Third-Party Providers. 19.6 Electronic communications. You agree to receive notices electronically, in the Service or by email, and agree that such notices satisfy any requirement that they be in writing. 19.7 Export. You represent that you are not located in a country subject to a U.S. embargo and are not on a U.S. government list of prohibited or restricted parties. 19.8 No third-party beneficiaries. These Terms create no rights for anyone other than you and the Operator. 19.9 Relationship. Nothing in these Terms creates a partnership, joint venture, employment or agency relationship. 19.10 Headings. Headings and the summary at the top are for convenience only and do not affect interpretation. 19.11 Language. If these Terms are translated, the English version controls.

20. Contact

20.1 Fablyos LLC, 5900 Balcones Drive, Suite 100, Austin, TX 78731, United States. Privacy requests and appeals may be sent to privacy@fablyos.com (Privacy Policy, Section 11). Questions about these Terms, copyright notices and arbitration opt-outs may be sent by email to support@fablyos.com, or through Send feedback in the Library.