[DRAFT — pending legal review] This document has not been reviewed by a lawyer. Do not treat it as final legal text. All sections marked [TBD] require confirmation before going live.

Terms of Service

Last updated: [TBD — insert date before launch]

Welcome to Clouds' Children. By accessing or using our platform at cloudyapp.io and associated subdomains, you agree to these Terms of Service. If you do not agree, do not use the platform.

If you are creating an account on behalf of a child under 13, you represent that you are the parent or legal guardian and that you accept these Terms on the child's behalf.

1. Acceptable Use

You agree not to:

Use the platform for any unlawful purpose or in violation of these Terms.
Upload, share, or generate content that is harmful, abusive, hateful, obscene, or inappropriate for children.
Attempt to circumvent or interfere with any safety filters, age verification, or parental consent mechanisms.
Impersonate another person or provide false information during registration.
Attempt to access another user's account or data without authorisation.
Reverse engineer, scrape, or otherwise extract data from the platform without our written consent.
Use automated tools (bots, scrapers) against the platform without express written permission.

We reserve the right to suspend or terminate any account that violates these rules without notice.

2. Account Terms

Adult accounts: Must be created by a person aged 18 or older. You are responsible for all activity under your account.
Hero (child) accounts: Require verified parental consent before activation. The responsible adult account is jointly accountable for the child's use.
You must keep your login credentials secure and notify us immediately at privacy@cloudyapp.io if you suspect unauthorised access.
We reserve the right to refuse registration or suspend accounts at our discretion, particularly where safety, legal compliance, or community standards are at risk.

3. Subscription and Paid Features

[TBD — Stripe payment integration. When the platform offers paid tiers, this section will detail: pricing, billing frequency, free trial terms, upgrade/downgrade policy, refund policy, and how to cancel. Until then, all features are provided free of charge during the beta period.]

4. Intellectual Property

Platform content

All platform software, design, graphics, educational content, character art, and trademarks are owned by or licensed to Clouds' Children and are protected by copyright and other intellectual property laws. You may not copy, distribute, or create derivative works without our express written consent.

User-generated content

Stories and content generated by or for users through the platform are co-created using AI models. By using the platform, you grant Clouds' Children a non-exclusive, worldwide, royalty-free licence to store, display, and process that content for the purpose of delivering the service.

You retain any rights you may have in the creative inputs you provide. You represent that your inputs do not infringe any third-party intellectual property rights.

[TBD — legal counsel to confirm AI-generated content ownership position under applicable law.]

5. Disclaimer of Warranties and Limitation of Liability

The platform is provided "as is" and "as available" without warranties of any kind, express or implied, including but not limited to merchantability, fitness for a particular purpose, or non-infringement.

To the maximum extent permitted by applicable law, Clouds' Children shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the platform, even if we have been advised of the possibility of such damages.

Our total liability for any claim arising out of or relating to these Terms shall not exceed [TBD — e.g. the amount paid by you in the twelve months preceding the claim, or €100, whichever is greater].

Nothing in these Terms limits liability for death, personal injury, fraud, or any liability that cannot be excluded under applicable law.

6. Termination

You may delete your account at any time via the account settings page or by contacting privacy@cloudyapp.io.

We may suspend or terminate your account immediately if you breach these Terms, for legal or safety reasons, or if the platform is discontinued. We will make reasonable efforts to notify you where possible.

Upon termination, your right to use the platform ceases immediately. Data deletion follows the retention schedule described in our Privacy Policy.

7. Governing Law and Dispute Resolution

These Terms are governed by the laws of [TBD — to be confirmed: likely France or US-Delaware]. Any dispute arising from these Terms shall be subject to the exclusive jurisdiction of the courts of [TBD — jurisdiction to be confirmed].

If you are a consumer in the EU, you retain the benefit of any mandatory consumer protection provisions of the law of your country of residence.

8. General Provisions

Entire agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Clouds' Children regarding your use of the platform.
Severability: If any provision is found unenforceable, the remaining provisions remain in full force.
Waiver: Failure to enforce any right under these Terms does not constitute a waiver of that right.
Changes: We may update these Terms at any time. Material changes will be communicated via email or a prominent notice on the platform. Continued use after the effective date constitutes acceptance.

9. Contact

For questions about these Terms:
privacy@cloudyapp.io
[TBD — postal address]

See also: Privacy Policy