XSTORY.IO – TERMS OF USE

Last updated: May 15, 2024

Welcome to xstory.io ("XStory", "we", "our", or "us"). These Terms of Use ("Terms") are a legally binding contract between you ("you" or "User") and XStory governing your access to and use of our website, mobile applications, APIs, and any related services (collectively, the "Service"). By accessing or using the Service you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not access or use the Service.

Summary – This document explains what you can and cannot do on XStory, what rights you grant us, subscription and payment terms, disclaimers, and how disputes will be resolved. Read carefully!

1. ELIGIBILITY & ACCOUNT REGISTRATION

1.1 Age Requirement.

You must be at least 18 years old to create an account or to access content designated as mature or age‑restricted. If you are 13–17, you may only access non‑mature content and only with verifiable consent from a parent or legal guardian. XStory does not knowingly provide the Service to children under 13.

1.2 Account Information.

When you create an account you must provide accurate, current, and complete information and keep it updated. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account.

1.3 Security Notice.

Notify us immediately at support@xstory.io of any unauthorized use or security breach. We may suspend or terminate your account to protect you, other users, or the Service.

2. HOW THE SERVICE WORKS

2.1 User Prompts; AI‑Generated Content.

You may submit text prompts ("Prompts") to our generative‑AI model. The model produces story text, images, or other content ("AI Content"). Prompts are not stored once your AI request has been processed, except transiently in memory for operational purposes. We may retain AI Content you choose to publish or share on XStory.

2.2 Interactive Features.

Users may read AI‑generated stories, post comments, react, and share links. Comments are user‑generated and subject to Section 4.

2.3 Credits & Subscriptions.

• Free accounts receive a limited number of monthly generation credits. • Paid XStory Pro subscriptions unlock additional credits and premium features, as described at checkout.

3. SUBSCRIPTIONS, FEES & PAYMENT

3.1 Pricing.

Prices, credit allotments, and feature sets are shown at the time of purchase and are subject to change with 30 days' notice.

3.2 Billing & Renewal.

Subscriptions automatically renew on the cadence you select (monthly or annually) unless you cancel before the renewal date. The applicable fee plus taxes will be charged to your chosen payment method.

3.3 Trials.

If we offer a free or discounted trial, you will be charged the full subscription price at the end of the trial unless you cancel beforehand.

3.4 Cancellation.

You may cancel at any time in your account settings. Benefits remain active until the end of the current billing cycle and no refunds or pro‑rations are provided except where required by law.

3.5 Chargebacks & Fraud.

We may suspend or terminate your account if a payment is reversed, disputed, or deemed fraudulent.

4. USER CONTENT & LICENSES

4.1 Your Comments & Reactions.

"User Content" means any text, images, or other materials that you post or transmit on the Service (excluding AI Content generated by XStory). You retain ownership of your User Content.

4.2 License to XStory.

By posting User Content you grant XStory a worldwide, non‑exclusive, royalty‑free license to host, store, display, reproduce, and distribute your User Content for the purpose of operating and improving the Service.

4.3 License to Other Users.

You also grant each User of the Service a worldwide, non‑exclusive license to access and display your User Content through the Service, subject to these Terms.

4.4 AI Content Ownership.

As between you and XStory, XStory owns all AI Content generated by the Service. We grant you a personal, non‑exclusive, revocable license to use, share, and adapt AI Content for any lawful purpose, including commercial use, provided you comply with these Terms.

4.5 Takedown Requests.

We comply with the U.S. Digital Millennium Copyright Act ("DMCA") and privacy laws. Email support@xstory.io for infringement notices or content removal requests.

5. PROHIBITED CONDUCT

You agree not to:

  • Violate any applicable law or regulation.
  • Submit Prompts or Comments that are defamatory, obscene, hateful, harassing, or that exploit minors.
  • Generate or distribute content depicting sexual minors, non‑consensual acts, or other illegal material.
  • Use the Service to train competing AI models, scrape data, or reverse‑engineer our source code or algorithms.
  • Circumvent or manipulate credit limits, subscription fees, or security features.
  • Transmit viruses, malware, or spam.
  • Interfere with or disrupt the Service or servers.

We may remove content, suspend, or terminate accounts that violate these Terms.

6. INTELLECTUAL PROPERTY

All software, interfaces, graphics, databases, and other elements of the Service ("XStory Materials") are the property of XStory or its licensors and are protected by U.S. and international intellectual‑property laws. Except for the rights expressly granted to you, XStory reserves all rights in XStory Materials.

7. THIRD‑PARTY SERVICES

The Service integrates third‑party providers for AI processing, payments, analytics, and advertising. We do not control these third‑party services and are not responsible for their content or practices. Your use of third‑party services may be governed by separate terms.

8. PRIVACY & DATA

For information on how we collect, use, and share personal data, please see our Privacy Policy. Key points:

  • Prompts are not stored post‑processing.
  • We store AI Content you choose to publish and comments you post.
  • We use cookies and analytics to improve the Service.

9. SERVICE AVAILABILITY & MODIFICATIONS

We may modify, suspend, or discontinue the Service (or any part) at any time, with or without notice. We will make reasonable efforts to provide advance notice of material changes that negatively affect paid features.

10. TERMINATION

We may terminate or suspend your account at any time, for any reason, including violation of these Terms. You may delete your account at any time in settings. Sections 4–15 survive termination.

11. DISCLAIMER OF WARRANTIES

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." XSTORY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON‑INFRINGEMENT. WE DO NOT WARRANT THAT AI CONTENT WILL BE ACCURATE, COMPLETE, OR FREE OF OFFENSIVE MATERIAL.

12. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, XSTORY AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE SHALL NOT EXCEED THE GREATER OF USD 100 OR THE AMOUNT YOU PAID XSTORY IN THE 12 MONTHS PRECEDING THE CLAIM.

13. INDEMNIFICATION

You agree to indemnify and hold harmless XStory, its officers, directors, employees, and agents from any claims, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Service or violation of these Terms.

14. GOVERNING LAW & DISPUTE RESOLUTION

These Terms are governed by the laws of the State of Delaware, USA without regard to conflict‑of‑laws principles. You and XStory agree to resolve any dispute through binding arbitration in Wilmington, Delaware under the JAMS Streamlined Rules. You waive the right to a jury trial and to participate in class actions. Nothing limits either party's right to seek injunctive relief in court.

15. CHANGES TO THESE TERMS

We may update these Terms periodically. If we make material changes we will provide notice (e.g., by email or in‑app) at least 30 days before the new Terms take effect. Continued use of the Service after the effective date constitutes acceptance.

16. EXPORT & SANCTIONS COMPLIANCE

You may not use the Service if you are located in or are a resident of any country subject to U.S. trade sanctions or if you are on any U.S. government list of prohibited or restricted parties.

17. CONTACT US

Questions about these Terms? Email support@xstory.io


By creating an account or otherwise using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms.