Legal

Terms & Conditions

Effective date: 28.06.2025

1. Introduction

Welcome to Fabily.ai ("Fabily", "we", "our", "us"). Fabily is an Australian-owned platform where families can co-create AI-personalised stories, characters, and books for children. We offer our services through our website, apps, and other online platforms ("Services"). By accessing or using our Services, you agree to these Terms and Conditions ("Terms"). If you do not agree, please discontinue use of our Services.

2. Eligibility

• You must be 18 years or older to create an account and purchase products.
• By using our Services, you confirm you are the parent or legal guardian of any child whose details you provide, and that you have legal authority to give that information.

3. AI-Generated Content & Creative Variability

• Fabily uses third-party AI providers to create custom storybooks, characters, and artwork based on your inputs.
• AI outputs may contain creative variations, unexpected features, or minor inaccuracies (e.g., unusual artistic details such as extra fingers).
• All content is intended for educational and entertainment purposes.
• We recommend parental review before sharing content with children.
• We are not liable for perceived errors or unintended creative outcomes in AI-generated content.

4. Avatars & Image Customisation

• All avatars are fictional and created using our proprietary 3D model system.
• We do not allow uploads of real-life photos of children.
• Avatar data is securely stored and can be retrieved, edited, or deleted upon request.

5. Subscription Plans & Payment

We offer free and paid subscription plans as outlined on our website. By subscribing, you agree to:

• Pay applicable fees via approved payment methods.
• Ensure your billing details are accurate and up to date.
• Understand that subscriptions auto-renew unless cancelled before the next billing date.

6. Refunds & Cancellations

Due to the personalised nature of our products:

• Digital products (eBooks, audio, avatars) are non-refundable once delivered.
• Printed books are refundable or replaceable only if damaged, misprinted, or incorrect due to our error.
• You can cancel your subscription anytime via your account dashboard to avoid the next billing cycle.

7. Intellectual Property

• All Fabily content, illustrations, code, and branding remain the property of Fabily or its licensors.
• You receive a personal, non-commercial licence to use your generated content.
• You may share your stories privately or on personal social channels, but commercial use is prohibited without written permission.

8. User-Generated Content (UGC)

By sharing content with us (e.g., tagging @fabily.ai, submitting photos, or providing testimonials), you grant us a royalty-free, worldwide licence to use that content for marketing and community engagement. You can revoke this licence by contacting us.

9. Data & Privacy

We handle personal information in accordance with our Privacy Policy. We comply with the Australian Privacy Act 1988 (Cth), the Australian Privacy Principles, and applicable international privacy standards.

We work with trusted third-party service providers in areas such as:

• AI content generation
• Hosting and infrastructure
• Payment processing
• Email delivery
• Database storage
• Security and performance

These providers are carefully selected and required to meet strict privacy and security standards. For privacy and security reasons, we do not publish a full list of our providers publicly, but you can request it for compliance purposes by contacting hello@fabily.ai.

10. Limitation of Liability

To the fullest extent permitted by law:

• We are not liable for indirect, incidental, or consequential damages.
• Our total liability is limited to the amount you paid for the relevant product or service.
• Nothing in these Terms limits your rights under the Australian Consumer Law.

11. Dispute Resolution

Before taking legal action, you agree to:

• Contact our support team at hello@fabily.ai to explain your concern.
• Allow us up to 14 business days to respond.
• Participate in good-faith mediation if the matter cannot be resolved informally.

12. Changes to These Terms

We may update these Terms from time to time. If changes are significant, we will notify you by email or through the platform. Continued use of our Services means you accept the updated Terms.

13. Governing Law

These Terms are governed by the laws of South Australia, Australia.

14. Contact Us

Fabily.ai Legal Team
Email: hello@fabily.ai
Location: Adelaide, South Australia