Smitten Stories - Terms of Service
1. Acceptance of Terms
Welcome to Smitten Stories! These Terms of Service ("Terms") govern your access to and use of the Smitten Stories website (the "Site"), services, features, content, and applications (collectively, the "Services") offered by Smitten Stories. By accessing or using the Services, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you do not have permission to access or use the Services.
2. Age Restriction
The Services are intended solely for individuals who are 18 years of age or older. By accessing or using the Services, you represent and warrant that you are 18 years of age or older and have the legal capacity to enter into these Terms.
3. Description of Service
Smitten Stories is an online platform that allows users to generate erotic stories with customizable characters. We offer two service plans:
Free Service: This plan allows users to generate stories with basic features without the need to create an account.
Paid Plan: This plan provides users with premium features. Paid Plan users must create an account and provide payment information.
4. User Accounts (Paid Plan)
Account Creation: To access the Paid Plan, you must create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
Account Security: You are responsible for safeguarding your password and for any activities or actions under your account, whether or not you have authorized such activities or actions. You agree to immediately notify Smitten Stories of any unauthorized use of your account. Smitten Stories cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
5. Payment Terms (Paid Plan)
Fees: By subscribing to the Paid Plan, you agree to pay the applicable fees and any applicable taxes. Fees are subject to change upon notice.
Billing: We will bill you through a third-party payment processor. You authorize us to charge your chosen payment method for the total amount of your order, including any applicable taxes and fees.
Subscription Renewal: Your Paid Plan subscription will automatically renew at the end of each subscription period unless you cancel it before the renewal date.
Cancellation: You may cancel your Paid Plan subscription at any time. Cancellation will take effect at the end of the current billing cycle. No refunds will be provided for partial billing periods.
Ownership: You retain all ownership rights in the stories you generate using the Services ("User Content"). You are solely responsible for your User Content and the consequences of submitting and publishing it.
License Grant (Free Plan Users): If you are using the Free Plan, by submitting User Content to Smitten Stories, you grant Smitten Stories a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with the Services and Smitten Stories' (and its successors' and affiliates') business, including without limitation for training our AI models, promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels. No Use of Paid Plan User Content: If you are a Paid Plan user, Smitten Stories will not use your User Content for any purpose other than providing the Services to you. We will not use your User Content to train our AI models, nor will we reproduce, distribute, display, or create derivative works from your User Content without your explicit consent.
Prohibited Content: You agree not to generate or share User Content that:
- Depicts or is intended to depict minors (under 18) in any mature or inappropriate context. We have a zero-tolerance policy for this.
- Infringes any patent, trademark, trade secret, copyright, or other intellectual property rights of any party;
- Promotes or depicts rape, domestic abuse, non-consensual acts, or extreme violence;
- Contains brutal fights, graphic injuries, human death, or extreme violence;
- Sexual relations between humans and animals (e.g. bestiality).
- Contains "loli", "lolicon", "shota", "shotacon" content or any sexualized content involving minors;
- Depicts sexualized death, "vore", or "snuff" content;
- Contains non-consensual content where victims receive no enjoyment or are seriously harmed/abused/maimed/killed;
- Promotes or glorifies hate, intolerance, or violence towards any person or group;
- Is falsely labeled as being created or endorsed by another creator;
- Violates any applicable local, state, national, or international law.
Content Moderation: While Smitten Stories maintains the right to monitor and moderate content, we are not obligated to oversee: (a) content generated by users; (b) third-party content; or (c) how users interact with the Service. By using our Services, you understand and consent that Smitten Stories may, at its discretion, review, monitor, and record any information exchanged through the Service for operational purposes and content moderation. Such monitoring activities, if undertaken, do not make Smitten Stories liable for any content or damages resulting from content usage. Any monitoring activities will be conducted in accordance with our Privacy Policy.
Our moderation team has the authority to flag content or users based on reasonable judgment. When content is flagged, moderators will evaluate both context and intent in applying our Terms and policies. Upon receiving reports of potential Terms violations from users or content owners, Smitten Stories may conduct investigations and, at its sole discretion, remove any content without prior notification. To be clear, Smitten Stories prohibits any violations of these Terms on our Service. We reserve the right to block, filter, remove, or restrict access to any User Content transmitted through our Service, without incurring any liability to the content creator or other users.
7. Privacy
Your privacy is important to us. Our Privacy Policy explains how we collect, use, and disclose information about you. By accessing or using the Services, you signify your acknowledgment of and agreement to our Privacy Policy.
Paid Plan Users: We commit to not training our AI models on your User Content if you are a Paid Plan subscriber. Your generated stories will remain private and will not be used for model improvement unless you specifically opt-in to such use. Free plan users' generated content may be used to improve our AI model.
8. Intellectual Property
The Services and its original content (excluding User Content), features, and functionality are and will remain the exclusive property of Smitten Stories and its licensors. The Services are protected by copyright, trademark, and other laws of both the [Your Country] and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Smitten Stories.
9. Termination
We may terminate or suspend your account and bar access to the Services immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
10. Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SMITTEN STORIES DOES NOT WARRANT THAT (A) THE SERVICES WILL FUNCTION UNINTERRUPTED, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; (C) THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS.
11. Limitation of Liability
IN NO EVENT SHALL SMITTEN STORIES, NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; (C) ANY CONTENT OBTAINED FROM THE SERVICES; AND (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
12. Indemnification
You agree to defend, indemnify, and hold harmless Smitten Stories and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Services, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Services.
13. Governing Law
These Terms shall be governed and construed in accordance with the laws of New Jersey, United States, without regard to its conflict of law provisions.
14. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
15. Contact Us
If you have any questions about these Terms, please contact us at [email protected].