Terms of Service

1. Acceptance of Terms

1.1 Agreement to Terms

By downloading, installing, accessing, or using the Bairn mobile application ("App") or any services provided by Bairn, LLC ("Bairn," "we," "us," or "our"), you ("User," "you," or "your") agree to be bound by these Terms of Service ("Terms"). These Terms constitute a legally binding agreement between you and Bairn, LLC, a Delaware limited liability company.

1.2 Parental Authority and Responsibility

IMPORTANT: Bairn is designed for children ages 2-12. Parents or legal guardians must accept these Terms on behalf of their children and are fully responsible for:

• All account activity and content creation
• Supervising their children's use of the Service
• Ensuring compliance with these Terms
• Managing all privacy settings and parental controls

1.3 Age Requirements

• Users must be at least 18 years old to create an account
• The Service is intended for children ages 2-12 under parental supervision
• Parents must provide accurate age information for their children

1.4 Updates to Terms

We may modify these Terms at any time. Significant changes will be communicated via email notification, in-app notifications, and updates posted on our website. Continued use of the Service after changes constitutes acceptance of the updated Terms.

2. Service Description

2.1 Bairn Platform Services

Bairn provides an AI-powered platform that creates personalized stories and educational podcasts for children, including:

Content Generation Services:

• AI-generated personalized stories using 11 different story archetypes
• Educational podcasts in multiple formats (dialogue, bulletin, interview, narrative)
• Voice conversation interface for content customization
• Professional-quality audio narration using advanced text-to-speech technology
• AI-generated illustrations for stories

Account and Profile Management:

• Child profile creation and management supporting up to 5 children (Premium plan)
• Content library organization and access
• Age-appropriate content filtering and safety controls
• Cross-device synchronization

Platform Access:

• iOS mobile application (iPhone and iPad)
• Offline content download and playback capabilities

2.2 Subscription Plans

Novella Plan (Free):

• 3 personalized stories (lifetime limit)
• 1 story archetype (Epic Quest)
• 1 child profile
• Basic voice options (Thade voice)

Opus Plan (Premium) — $49.99/month or $479/year:

• Unlimited personalized stories and podcasts
• All 11 story archetypes
• Up to 5 child profiles
• All voice options (Thade, Lori, Nelson, Paris)
• Advanced content filtering controls
• Priority content generation

2.3 Service Limitations

• Content is generated by AI and may not always meet exact expectations
• Generation times vary based on complexity and server capacity
• Internet connection required for content generation and account synchronization
• Some content requests may be declined for safety or appropriateness reasons
• Service availability subject to maintenance windows and technical issues

3. User Responsibilities

3.1 Account Security

You must:

• Maintain secure passwords and protect account credentials
• Take responsibility for all activity on your account
• Notify Bairn immediately of suspected unauthorized access
• Not share account credentials with unauthorized parties

3.2 Accurate Information

You must provide:

• Accurate, current information during account creation
• Truthful and age-appropriate child profile information
• Updates when information changes

False information may result in account suspension or termination.

3.3 Responsible Use

• Accounts are for personal, non-commercial family use only
• You must supervise children's use of Bairn services
• You must comply with all applicable laws and regulations
• You must respect content safety guidelines and community standards

3.4 Voice Conversation Guidelines

When using voice features:

• Conversations should be appropriate for family-friendly content
• Do not share personal information beyond what's necessary for personalization
• Do not attempt to manipulate AI systems inappropriately
• Offensive, inappropriate, or harmful language is prohibited

4. Prohibited Activities

4.1 Account Misuse

You may not:

• Attempt to access other users' accounts or data
• Use automated systems to create accounts or access services
• Share accounts with individuals outside your immediate family
• Create multiple accounts to circumvent service limitations

4.2 System Interference

You may not:

• Attempt to disrupt or interfere with Bairn services
• Introduce viruses, malware, or other harmful code
• Reverse engineer, hack, or attempt to compromise Bairn systems
• Overload systems with excessive requests or usage

4.3 Content Violations

You may not request:

• Violent, harmful, or age-inappropriate content
• Content that violates safety guidelines
• Content using profanity, offensive language, or inappropriate themes
• Content that promotes dangerous or illegal activities

4.4 Commercial Use

You may not:

• Use generated content for commercial purposes without explicit written authorization
• Resell, license, or distribute Bairn content to third parties
• Use Bairn services to create content for other commercial platforms
• Claim ownership or copyright over AI-generated content

5. Intellectual Property Rights

5.1 Bairn's Intellectual Property

Bairn owns all rights to:

• The platform, software, and AI technology
• Platform algorithms and processes
• Trademarks, service marks, and trade names

Users receive a limited, non-exclusive license to use services for personal family use only.

5.2 AI-Generated Content Ownership

• User Rights: You own the personalized stories and podcasts generated specifically for your family
• Bairn Rights: Bairn retains rights to use anonymized, aggregated data for service improvement and research
• Restrictions: Content cannot be used commercially without explicit written permission
• Service Improvement: Bairn may analyze content patterns to improve AI generation quality

5.3 User-Provided Content

• Voice Input: You retain ownership of original voice input and personal information
• License Grant: You grant Bairn a license to use input for content generation and service improvement
• Child Profiles: You own all information provided in child profiles
• Deletion Rights: You may request deletion of voice data and personal input at any time

6. Privacy and Data Protection

6.1 Privacy Policy

Your privacy is governed by our Privacy Policy, which is incorporated by reference into these Terms. Our Privacy Policy details what information we collect and how we use it, your privacy rights and controls, how we protect children's information under COPPA, and our data security measures and retention policies.

6.2 Children's Privacy

We comply with the Children's Online Privacy Protection Act (COPPA) and:

• Only collect information necessary for service provision
• Require verifiable parental consent for data collection from children under 13
• Provide parents with control over their children's information
• Implement enhanced security measures for children's data

7. Subscription and Payment Terms

7.1 Billing and Payment

• Subscriptions are billed monthly or annually through Apple's App Store
• Payment is required in advance for subscription periods
• Subscriptions automatically renew unless cancelled 24 hours before renewal
• All payments are processed securely through Apple's billing system

7.2 Cancellation and Refunds

• You may cancel your subscription at any time through your Apple ID account settings
• Cancellation takes effect at the end of the current billing period
• No refunds are provided for partial billing periods
• Refunds may be provided for technical issues preventing service use
• Refund requests must be submitted within 30 days of billing

7.3 Price Changes

• Subscription prices may change with 30 days' advance notice
• Price changes apply to subsequent billing periods
• You may cancel if you disagree with price changes

8. Content Standards and Safety

8.1 Child Safety Requirements

All content must:

• Meet strict age-appropriateness standards
• Be filtered for safety, educational value, and developmental suitability
• Comply with our community guidelines
• Support positive character development and learning

8.2 Content Moderation

We employ:

• AI-powered pre-generation safety filtering
• Real-time content monitoring during generation
• Post-generation automated safety scanning
• Human review for flagged content
• Immediate blocking of inappropriate content

8.3 Safety Reporting

Users must report safety concerns or inappropriate content immediately, use our safety reporting tools responsibly, and cooperate with safety investigations. Safety reports are investigated promptly by our child safety experts.

9. Service Availability and Support

9.1 Service Level Expectations

• Services are available 24/7 with scheduled maintenance windows
• Maintenance notifications provided in advance when possible
• Emergency maintenance may be performed without advance notice
• We strive to minimize service interruptions

9.2 Customer Support

Contact Information:

• General Support: [email protected]
• Safety Concerns: [email protected]
• Legal Matters: [email protected]

Support response times may vary by subscription level. Safety concerns receive priority response. We aim to respond to all inquiries within 48 hours.

10. Disclaimers and Limitations of Liability

10.1 Service Disclaimers

The Service is provided "as is" and "as available" without warranties of any kind. Bairn disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement; accuracy, reliability, or completeness of content; uninterrupted or error-free service; and security of data transmission.

10.2 Limitation of Liability

To the maximum extent permitted by law, Bairn's total liability shall not exceed: for Novella (Free) users, $100; for Opus (Premium) users, the amount paid for your subscription in the 12 months preceding the claim.

Bairn shall not be liable for indirect, incidental, special, consequential, or punitive damages; loss of profits, data, use, or goodwill; interruption of business; or damages arising from third-party services.

10.3 Third-Party Services

Our Service integrates with third-party services including OpenAI for story and podcast text generation, Cartesia for text-to-speech audio narration, Clerk for authentication, Apple App Store for payments, and Cloudflare R2 for content storage. We are not responsible for the availability, functionality, or policies of these third-party services.

11. Indemnification

You agree to indemnify, defend, and hold harmless Bairn, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from your use of the Service, your violation of these Terms, your violation of any third-party rights, or content you create or submit through the Service.

12. Termination

12.1 Termination by You

You may terminate your account at any time by:

• Contacting customer support
• Following in-app account deletion procedures
• Cancelling your subscription through Apple App Store

12.2 Termination by Bairn

We may suspend or terminate your account for:

• Violation of these Terms
• Fraudulent or illegal activity
• Safety violations
• Non-payment of subscription fees

12.3 Effect of Termination

Upon termination:

• Your access to the Service will cease
• Your data will be deleted within 30 days (unless legally required to retain)
• Generated content may be retained for your access during the 30-day period
• Subscription fees are non-refundable except as required by law

13. Dispute Resolution

13.1 Mandatory Arbitration

Any dispute arising from these Terms or your use of the Service shall be resolved through binding arbitration rather than in court, except for claims for injunctive relief, claims related to intellectual property, and small claims court matters under $10,000.

13.2 Arbitration Procedures

Arbitration shall be conducted by the American Arbitration Association (AAA), under AAA's Consumer Arbitration Rules, in San Francisco, California (or your location if more than 100 miles from San Francisco), before a single arbitrator.

13.3 Class Action Waiver

You agree that disputes must be brought individually and not as part of a class action, collective action, or representative proceeding.

13.4 Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles.

14. General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Bairn regarding the Service.

14.2 Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions will remain in full force and effect.

14.3 Assignment

Bairn may assign these Terms and its rights hereunder. You may not assign your rights under these Terms without our written consent.

14.4 No Waiver

Failure to enforce any provision of these Terms does not constitute a waiver of that provision.

14.5 Force Majeure

Bairn is not liable for delays or failures due to circumstances beyond our reasonable control.

14.6 Survival

Provisions that by their nature should survive termination will survive, including intellectual property, disclaimers, limitation of liability, and dispute resolution.

15. Contact Information

Bairn, LLC
2261 Market Street STE 85719
San Francisco, CA 94114
Phone: (415) 683-0504
Email: [email protected]

For specific inquiries:

• General Support: [email protected]
• Privacy Questions: [email protected]
• Safety Concerns: [email protected]