Terms of Use

Table of Contents

• Terms of Use
• Article 1: General Provisions
• Article 2: Description of TaleMe Services
• In the context of a subscription
• Article 3: Access and Use of TaleMe Services
• Article 4: Availability and Modification of TaleMe Services
• Article 5: Right of Withdrawal - Duration - Tacit Renewal - Termination
• Article 6: Capacity Declaration
• Article 7: Subscription to TaleMe Services
• Article 8: Price
• Article 9: Payment of the Price
• Article 10: Liability
• Article 11: Personal Data
• Article 12: Suspension and/or Anticipated Termination by TALEME or the Subscriber
• Article 13: Modifications to the General Terms and Conditions
• Article 14: Intellectual Property
• Article 15: Customer Service
• Article 16: Nullity of a Clause
• Article 17: Applicable Law and Dispute

Article 1: General Provisions

Object

These General Terms of Use and Sale (hereinafter "General Terms") define the modalities and conditions under which TALEME, a simplified joint stock company registered under SIREN number 931956676, with its registered office located at 165 Avenue de Bretagne, 59000 Lille, represented by Jean-Baptiste SAGOT (hereinafter "the Company"), makes the TaleMe application (hereinafter "the Application") available to Subscribers (hereinafter "the User").

Acceptance of the General Terms

The use of the Application implies the full and unreserved acceptance of these General Terms by the User. These General Terms are accessible at all times on the Application and prevail over any other document.

Service Description

These General Terms of Sale and Use exclusively regulate the TaleMe services provided by TALEME in the context of the free provision of certain themes within the application, the purchase of credits, the purchase of subscriptions (Imagine Plan, StoryTime Plan, or Family Plan) subscribed by an individual. In the case of purchases or subscriptions by a company, public body, or association for its clients and/or users, other terms of sale and use will apply.

These General Terms aim to set the terms of purchase and subscription to the TaleMe services, as well as the terms of access and use of the TaleMe services accessible on the Application. They govern the contractual relationships between TALEME and all Users. The subscription to the TaleMe services by Users, as well as the access and use of these services, is strictly subject to the prior acceptance, without restriction or reservation, of these General Terms. If a User does not wish to be bound by these General Terms, they are therefore invited to cease all access to the Application, as well as any use of the TaleMe services.

Article 2: Description of TaleMe Services

The TaleMe services allow the user to create personalized stories through three main options:

• Free Offer: Unlimited access to a selection of themes to create stories without the need for credits.
• Credit Purchase: The ability to purchase credits to access various themes. The cost of a story is determined by the number of credits required for the chosen theme.
• Monthly Subscription: Automatic renewal of credits each month, providing continuous access to all themes, including exclusive ones.

The Application automatically generates illustrations and narrative text based on the user's answers to the questions of the chosen theme. Created stories can be stored and are accessible even after the account is deactivated.

The TaleMe Application allows parents to create unique and personalized stories to tell to their children. The User selects a theme (free or paid) and answers questions based on that theme. The Application then automatically generates one or more illustrations related to the story, as well as a narrative text of varying length.

The application allows the storage of stories created by the application, even if the account is no longer active.

Liability

The Company shall not be held liable for any direct or indirect damages resulting from the use of the Application by the User. Furthermore, although the TaleMe team has done its best to ensure that the stories are as suitable as possible for a child audience, the Company is not responsible for the content created by the User. Since the theme questions are open-ended, it is the responsibility of the adult User to integrate content that is respectful and suitable for reading a story to a child.

In the context of a subscription

Termination of a subscription

The User can terminate their subscription at any time. Once the subscription has expired or terminated for any reason, the User expressly acknowledges that access to certain functionalities of the TaleMe services is no longer authorized at the end of the current paid month. In the event of termination or expiration of the subscription, the User will only have access to their story library.

Article 3: Access and Use of TaleMe Services

The use of the TaleMe services is personal and exclusive for non-commercial use. As such, Users agree not to use the TaleMe services for commercial, political, advertising, and for any form of commercial solicitation. Access to the TaleMe services is only possible from a compatible mobile phone and/or tablet after the prior download and installation of the Application. Access to the TaleMe services requires an Internet connection and, if applicable, a mobile Internet connection for mobile phones. It is specified that these connections are not covered by TALEME; it is therefore up to the User to subscribe to a prior Internet and/or mobile Internet offer to be able to use the TaleMe services. A 3G mobile Internet connection is the minimum recommended. All costs related to the hardware, software, and Internet subscriptions necessary for accessing the services remain the sole responsibility of the User. The User is solely responsible for the proper functioning of their computer equipment and their Internet connection.

Article 4: Availability and Modification of TaleMe Services

The TaleMe services are generally accessible 24 hours a day, 7 days a week, subject to the access and use conditions mentioned above and the provisions of the following articles. However, TALEME reserves the right, without prior notice or compensation, to temporarily suspend access to the TaleMe services:

• For the purpose of making any modifications and improvements to the services, including technical evolution. TALEME undertakes that this will not result in any price increase, quality degradation, or substantial modification to the functionalities of the TaleMe services.
• For the purpose of carrying out maintenance operations.

The User exonerates TALEME from any liability in this regard and waives any claim against TALEME as a result.

Temporary interruptions will be notified via the application and the website, if possible, at least 24 hours in advance, unless they have an urgent nature and do not allow TALEME to warn the User in advance.

Article 5: Right of Withdrawal - Duration - Tacit Renewal - termination**

5.1 Right of Withdrawal in the context of a subscription

In accordance with Article L. 221-18 of the Consumer Code, the Subscriber is informed that they have a 14-day right to withdraw from the subscription, without penalty and without reason, by sending a postal letter to TALEME at 7 RUE VICTOR HUGO 59350 SAINT-ANDRE-LEZ-LILLE or by sending an unambiguous declaration by email to hello@talemeapp.com. For the withdrawal to be effective, the Subscriber must send their request to TALEME before the expiration of the 14-day withdrawal period. The Subscriber can, if they wish, access the Services immediately without waiting for the end of the 14-day withdrawal period, in accordance with Article L. 221-25 of the Consumer Code. If the Subscriber does not wish to have immediate access to the Services, they can leave the Application after validating their payment and wait for the expiration of the 14-day period. However, if a User logs into the Subscriber's account and uses the services before the expiration of this period, this first connection from the date of subscription constitutes an express request from the Subscriber to have immediate access to the Services.

Immediate access to the Services does not deprive the Subscriber of their right of withdrawal, which continues until the expiration of the 14-day period. However, immediate access to the Services implies for the Subscriber the payment of an amount proportional to their use of the Services. In the event of exercise of the right of withdrawal, TALEME will refund the subscription price to the Subscriber on a pro rata basis based on the number of credits consumed as of the date of receipt by TALEME of the withdrawal request, it being specified that any day started is due. The refund will be made within 14 days from the date on which TALEME was informed of the Subscriber's decision to withdraw, by the same means of payment used by the Subscriber for the initial transaction, unless the Subscriber indicates otherwise.

5.2 Duration of a subscription

The subscription is for a duration of one month and automatically renews, unless terminated. Purchased credits are valid until they are used, without expiration.

5.3 Tacit renewal of a subscription

Unless terminated by the Subscriber in accordance with Article 5.4 Termination, the subscription to one of the TaleMe services is tacitly renewed each month for a duration of one month. In the event of tacit renewal, the then-applicable rate for the subscription concerned will be fully applicable to the Subscriber, subject to the new rate having been sent to the Subscriber in the conditions of Article 8 Price hereafter. Unless otherwise indicated on the Site and unless terminated by the Subscriber in accordance with Article 5.4 Termination, any trial or discovery offer of a TaleMe service is transformed into a paid subscription, in accordance with the duration and rate indicated in the offer.

5.4 Termination of a subscription

To terminate their subscription, the Subscriber must notify TALEME from their account on the Application by clicking on the "Profile" tab and then on the "Delete my account" option accessible once logged in. The request is made by sending an email to tec@talemeapp.com. The termination will be effective as of the end of the current subscription period on the anniversary date of the subscription. In the event of non-compliance with these notification deadlines, the subscription will be fully renewed. Termination does not entail any refund of the subscription price. All amounts paid for the subscription will remain definitively acquired by TALEME.

5.5 Change of plan

Users have the flexibility to change their plan at any time. Once they have validated their choice in the application, the plan change takes effect immediately. Previously purchased credits remain available in the user's account. It is important to note that no refund of previously acquired credits is possible in the event of switching to a lower-tier subscription. However, if a user opts for a higher-tier subscription, the subscription credits are immediately added to their account, and the subscription anniversary date is adjusted accordingly, taking the date of the plan change request as the reference date.

Article 6: Capacity Declaration

The User declares having the legal capacity to validly accept these General Terms, i.e., having reached the legal age and not being subject to any legal protection measure for minors (placed under guardianship, under tutorship, or under curatorship) or, if the User is a minor, having obtained parental authorization to validly engage under these General Terms.

Article 7: Subscription to TaleMe Services

The subscription is made through the Application.

To subscribe to the TaleMe services, the Subscriber must:

• Choose the type of subscription desired among the different TaleMe services.
• Fill in the various fields of the subscription form on the application.
• Confirm their registration by validating their subscription to a TaleMe service.
• Confirm their knowledge and acceptance of these General Terms.
• Pay the price of their subscription using one of the payment methods available.

Subject to authorization of the transaction, TALEME sends the Subscriber (at the email address provided by the Subscriber during registration on the Site) an email confirming the characteristics of their subscription.

The Subscriber undertakes to inform TALEME without delay of any change in the information provided during the subscription to their subscription and, in particular, any change of email address or payment methods. The Subscriber can modify this information from their account on the Application by clicking on the "Modify" tab on their profile page.

The Subscriber must immediately inform TALEME of any loss or unauthorized use of their account, their login credentials. The login credentials are personal and the Subscriber undertakes not to disclose them. In any case, the Subscriber is solely responsible for the consequences of the use of their account, and this until its deactivation. The Subscriber exonerates TALEME and its partners, co-contractors, or holders of rights from any liability in this regard.

Article 8: Price

The available options are:

• Free Offer: Access to selected themes without cost.
• Credit Purchase: Users can purchase credits at varying prices to access specific themes. Unit prices for credits decrease with the quantity purchased.
• Monthly Subscription: Plans offer a renewable quantity of credits for continuous access to all themes. Details of the plans and prices are available in the application.

The prices of subscriptions to TaleMe services are indicated on the Site and application in euros and including all taxes.

Purchased credits are valid for 1 year from the date of purchase.

TALEME reserves the right to modify the price of credits and each type of subscription plan, the price applicable to the user being that in force at the time of credit purchase, subscription, or renewal. TALEME will inform each User by email at the email address provided by the Subscriber concerned during registration for the TaleMe services (or modified subsequently on their account) of any price increase at least 15 days before its effective date.

In such a case, if the user does not accept this price increase, they will be free to cancel their subscription from their account on the Application as indicated in Article 5 above, this termination taking effect at the next subscription renewal date. Otherwise, the new pricing will be applicable from the next subscription renewal date following the effective date of the new pricing.

Any increase in VAT (Value Added Tax) will be automatically and immediately reflected in the price of the TaleMe service. The same will apply in the event of the creation of any new tax which would be based on the price of the TaleMe service and for which TALEME would become liable.

The withdrawal conditions provided for in the event of modification of the price of credits and subscription plans mentioned above will apply under the same conditions in the event of modification of the price resulting from an increase or creation of new taxes.

It is reminded that the fees for connection and communication (Internet and mobile Internet) related to the use of the TaleMe services are not covered by TALEME and remain the responsibility of the User.

Article 9: Payment of the Price

The price of the subscription is paid on the Apple and Google Stores using the payment methods in force on these platforms.

Purchased credits are valid for 1 year from the date of purchase.

The Application operates on a credit or subscription-based system for story credits, automatically renewed each month on the anniversary date of the subscription plan purchase.

The minimum price for a story is 100 credits.

The available credit packs for stories are as follows:

• Bronze: 250 credits / 1.99 €
• Silver: 525 credits / 3.99 €
• Gold: 800 credits / 5.99 €
• Platinum: 1350 credits / 9.99 €
• Diamond: 2300 credits / 14.99 €

The available subscription plans are as follows:

• Imagine Plan: 850 credits for 5.99€
• StoryTime Plan: 1500 credits for 9.99€
• Family Plan: 2500 credits for 14.99€

If the User consumes all their story credits, they can switch to a higher-tier subscription plan or purchase additional story credit packs.

Article 10: Liability

TALEME undertakes to provide the TaleMe services to the User in a professional and diligent manner, within the framework of an obligation of means. The User declares to be informed of the constraints and limitations of Internet and mobile Internet networks.

TALEME shall not be held liable:

• For any possible malfunctions in accessing the TaleMe Services
• For slowed-down opening and consultation speeds of the pages of the services
• For the temporary or definitive unavailability of the TaleMe services, which would be linked to the unavailability of the access provider, the host of TALEME, maintenance operations, etc.)
• For the fraudulent use by third parties of the information made available on the Application

It is the responsibility of the User to protect their computer equipment against any form of intrusion, and TALEME shall not be held liable for any damages that may occur in such cases. TALEME shall not be held liable in general for any malfunction or deterioration of the User's computer equipment resulting from the use of the Services. TALEME disclaims any liability if a failure to comply with one of its obligations was the result of a force majeure event as defined by French law and jurisprudence, including but not limited to, natural disasters, fires, internal or external strikes, host failures or breakdowns.

The User declares to have had access to the information relating to the functionalities of the Services and the computer equipment required for their use. This information can be provided to the User again upon simple request from the User to TALEME at the following address: hello@talemeapp.com

TALEME shall not be held liable if the Service offered is incompatible with certain equipment and/or functionalities of the User's computer equipment. The User is also solely responsible for the suitability of the Services to their needs.

Finally, the User is solely responsible for the use they make of the TaleMe Services and shall not hold TALEME responsible for any claim and/or procedure against TALEME resulting from the use of the Services.

The User undertakes to make their own affairs in the event of any claim, demand, or opposition and more generally of any procedure initiated against TALEME which would be linked to their use of the TaleMe Service. Any User is solely responsible for the contents they make accessible, whether via emails or contents stored on user accounts. TALEME does not exercise any control over the content published by Users via the Application. In the context of using the Services, the User undertakes not to engage in any acts or behaviors of any nature whatsoever which would be contrary to these General Terms and the laws and regulations in force.

To ensure a safe and respectful environment for all our users, we reserve the right to moderate the stories produced on our platform.

This includes, but is not limited to, the removal or modification of any content that may infringe existing works, or contains shocking, inappropriate, or goes against the values of TaleMe. We commit to maintaining a creative and positive space for our users of all ages and invite everyone to express their creativity in a respectful manner.

We thank you for your understanding and cooperation to make TaleMe a place where imagination can flourish in a healthy and respectful environment.

To this end, the User undertakes, in particular:

• Not to disseminate illegal or contrary to the laws and regulations in force content. Illegal content includes content that infringes or is contrary to public order, good morals or is likely to offend the sensibility of minors, infringes the privacy of third parties, their rights to reputation, their rights to image, content with a defamatory or denigrating character, pornographic or pedophile content, infringing the integrity or security of a State, inciting hatred, violence, suicide, racism, antisemitism, xenophobia, homophobia, war crimes or crimes against humanity, inciting to commit a crime, offense or terrorist act, inciting discrimination;
• To respect the rights of third parties, and in particular the rights of intellectual property;

The Subscriber guarantees TALEME in all circumstances the compliance with all of these obligations by any person using the Application. TALEME invites Users to alert it if they discover content that constitutes a violation of the laws and regulations in force and these General Terms. To report abuse, the User can alert TALEME by sending an email to the following address: hello@talemeapp.com

This report must be accompanied by all the information necessary for TALEME to identify the illegal or fraudulent content.

Article 11: Personal Data

For more information, please consult our privacy policy page

Article 12: Suspension and/or Anticipated Termination by TALEME the Subscriber**

Without prejudice to any damages and interests that TALEME may claim, TALEME reserves the right to suspend a Subscriber's access to the TaleMe Services and/or terminate the subscription to the TaleMe Services in the event of:

• Non-compliance by the Subscriber with these General Terms and in particular:

• Non-compliance with the intellectual property rights of TALEME and/or its licensees;

• Bypassing or attempted bypassing of the technical protection measures put in place by TALEME;

• Provision of false information during registration for the TaleMe Services;

• Non-payment in full or in part by the Subscriber of the price of their subscription to the TaleMe Services;

• Non-compliance with the laws and regulations in force.

• TALEME draws the Subscriber's attention to the fact that they cannot rely on the non-compliance with these General Terms and/or the laws and regulations in force not being their fault but committed by a user of the service on their account, to contest the suspension of access to the Services and/or the termination of their subscription. The Subscriber is indeed solely responsible for the use made of the Services. On the other hand, the Subscriber may terminate, without notice or compensation to TALEME, their subscription in the event of serious breach by TALEME of its main obligations under these General Terms.

Article 13: Modifications to the General Terms and Conditions

TALEME reserves the right to modify these General Terms at its discretion, it being specified that the General Terms applicable to the Subscriber are those in force at the time of subscription to the subscription or its renewal. TALEME will inform each Subscriber by email at the email address indicated on their account of any modification to these General Terms at least 15 days before their effective date. In the event that the User does not accept these modifications, they will be free to terminate their subscription from their account on the Site as indicated in Article 5 above, this termination taking effect at the next subscription renewal date. Otherwise, the new General Terms will be applicable from the next subscription renewal date following the effective date of the new General Terms.

Article 14: Intellectual Property

The website www.talemeapp.com and the Application, as well as all its content (trademarks, photographs, texts, illustrations, videos, graphics, software, etc.), belong to TALEME, which is the sole owner. The data entered by the User belongs to them and may be returned to them upon request. All these elements are protected under the rights of intellectual property and in particular copyright. Any reproduction, representation, use or adaptation, in any form whatsoever, partial or total of any or all of these elements, without prior authorization from TALEME, is strictly prohibited.

The stories, textual content, and illustrations created by the Application are the exclusive property of the Company. The Company grants the User a non-exclusive and non-transferable right to use the created stories, for strictly personal and non-commercial use.

Article 15: Customer Service

For any information or questions regarding the TaleMe Services, the User can contact TALEME via the website www.talemeapp.com by clicking on the "contact" tab or send a letter to the following address: TALEME Customer Service, 165 Avenue de Bretagne, 59000 Lille.

Article 16: Nullity of a Clause

In the event that one of the provisions of these General Terms is declared invalid or unenforceable for any reason whatsoever, the other provisions shall remain applicable without change.

Article 17: Applicable Law and Dispute

These General Terms and the subscriptions they regulate are subject to French law. In the event of a dispute, the parties will seek an amicable solution before any legal action. In the event of failure of these attempts, any disputes relating to the validity, interpretation and/or execution of these General Terms must be brought before the competent courts in accordance with the rules of law. The User is also informed that they may, in any case, resort to mediation, in particular with the Consumer Mediation Commission or with the existing sectoral mediation institutions, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.

Applicable Law and Competent Jurisdiction

These General Terms and Conditions of Sale and Use are subject to French law. Any dispute relating to their interpretation or execution will be subject to the jurisdiction of the Lille courts.

By using the Application, the User acknowledges having read and accepted these General Terms and Conditions of Sale and Use.

Last updated on 09/01/2024