Terms of Service

Last updated: July 2026

1. Acceptance of Terms

By accessing or using DadTale (“the Service”), operated by Fireborne XIII Foundry LLC (“we,” “us,” or “our”), you agree to be bound by these Terms of Service and our Privacy Policy. Together, these documents form the entire agreement between you and Fireborne XIII Foundry LLC regarding your use of the Service. If you do not agree, do not use the Service.

2. Description of Service

DadTale creates personalized illustrated children's bedtime stories using photos you upload and information you provide (names, ages). The Service uses artificial intelligence to generate story text and illustrations. The Service is provided as a web application and is not currently available through mobile app stores.

3. Eligibility & Age Verification

You must be at least 18 years old and a parent or legal guardian of any child whose photos or information you submit. Before creating a story, you are required to affirmatively confirm your age and parental status by checking consent boxes on the story creation page. By doing so, you represent and warrant that:

  • You are at least 18 years of age.
  • You are the parent or legal guardian of the child whose photos and information you are submitting.
  • You have the legal authority to consent on behalf of the child for the collection and processing of their photos and personal information.
  • You are providing verifiable parental consent as required under the Children's Online Privacy Protection Act (COPPA).

For paid users, the credit card transaction via Stripe serves as additional verification that you are an adult, as children under 13 would not have access to a payment method.

4. User Content & Photos

You retain ownership of all photos you upload. By uploading photos, you grant Fireborne XIII Foundry LLC a limited, non-exclusive license to process them solely for the purpose of generating your personalized storybook. Photos are sent to OpenAI for AI image generation and are subject to OpenAI's Terms of Use.

We do not sell, share, or use your photos for any purpose other than generating your book. We do not use your photos to train AI models.

5. Biometric Data Consent

By uploading photos and checking the consent box on the story creation page, you acknowledge and agree that the AI image generation process may analyze facial geometry and features from your photos to produce illustrated likenesses. This processing may constitute the collection of biometric identifiers or biometric information under applicable state laws, including the Illinois Biometric Information Privacy Act (BIPA), the Texas Capture or Use of Biometric Identifier Act (CUBI), and Washington's biometric privacy law (RCW 19.375).

You provide informed, written consent to this collection and processing. Full details about our biometric data practices, including retention and destruction schedules, are provided in Section 5 of our Privacy Policy. You may withdraw consent at any time by requesting deletion of your photos.

6. Payments & Refunds

The Service offers a free 3-page preview. The full experience (complete storybook, PDF download, memory card, and sharing) is available for a one-time payment of $8 per book. Payments are processed securely via Stripe.

Fixes and refunds. If your book is not right, contact us at dad-tale-support@f13foundry.com and we will regenerate the pages you are unhappy with at no charge. If we cannot bring the book into conformity with what was described, you may request a full refund within 14 days of purchase. This does not limit your statutory rights: consumers in the EU and UK are entitled under Directive (EU) 2019/770 and the Consumer Rights Act 2015 to have non-conforming digital content brought into conformity and, failing that, to a price reduction or termination; consumers in Australia retain the guarantees of the Australian Consumer Law. See our Refunds & Fixes page.

7. AI-Generated Content & Copyright

Story text and illustrations are generated by artificial intelligence. While we strive for quality, we cannot guarantee that every generated image will be a perfect likeness. AI-generated content may occasionally contain imperfections.

You receive a non-exclusive, personal license to use the generated storybook for private, non-commercial purposes.

You may not upload a photo or reference a person unless you have the necessary permission. You may request removal of a generated likeness or other privacy concern by contacting dad-tale-support@f13foundry.com; we will review and address valid requests under our complaint and takedown process.

Important Copyright Notice: Under current United States Copyright Office guidance (2023), purely AI-generated images may not qualify for copyright protection. This means the AI-generated illustrations in your storybook may not be copyrightable. The story text, to the extent it reflects human-authored creative input, may be eligible for copyright. Fireborne XIII Foundry LLC makes no representations or warranties regarding the copyrightability of AI-generated content.

8. Prohibited Uses

You may not: upload photos of children who are not your own without consent; use the Service for any unlawful purpose; attempt to reverse-engineer, exploit, or overload the Service; redistribute generated content commercially.

9. Indemnification

You agree to indemnify, defend, and hold harmless Fireborne XIII Foundry LLC, its owners, members, employees, and affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the Service; (b) your violation of these Terms; (c) your uploading of photos or content that you do not have the right to use; (d) any misrepresentation regarding your parental or guardian status; or (e) any third-party claim related to content you uploaded or generated through the Service.

10. Data Retention & Deletion

Uploaded photos are deleted as the final step of generating your book, in practice within seconds of it finishing, and in all cases within 24 hours, and the same deletion runs if generation fails; see Section 5 of our Privacy Policy. Your completed books and saved memories are kept for as long as your account exists so you can access them, and are deleted when you delete your account. Incomplete or failed generations are removed automatically within 90 days. You may delete your account and all associated data at any time by using the “Delete My Account” button on the My Memories page, or by contacting dad-tale-support@f13foundry.com. You may also download a copy of all your data using the “Download My Data” button on the same page. See our Privacy Policy for details.

11. Limitation of Liability

THE SERVICE IS 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. FIREBORNE XIII FOUNDRY LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, ARISING FROM YOUR USE OF THE SERVICE. IN NO EVENT SHALL FIREBORNE XIII FOUNDRY LLC'S TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES; IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

12. Dispute Resolution & Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. Arbitration shall take place in the State of Texas, United States, and shall be conducted by a single arbitrator.

Class Action Waiver: You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive the right to participate in a class action lawsuit or class-wide arbitration.

30-Day Opt-Out: You may opt out of this arbitration agreement within 30 days of your first use of the Service. The fastest way is the one-click form below. You may also send written notice to dad-tale-support@f13foundry.com including your name, email address, and a clear statement that you wish to opt out. Either method works; if you opt out, disputes will be resolved in court under Section 13.

Must be within 30 days of first using DadTale. Opting out does not affect any other part of the Terms, and we will never treat you differently for using it.

Small Claims Exception: Notwithstanding the above, either party may bring an individual action in small claims court for disputes within the court's jurisdiction.

International Users: If you are located in the European Economic Area, United Kingdom, or Switzerland, nothing in this arbitration clause limits your right to bring proceedings before the courts of your country of residence or to file a complaint with your local data protection supervisory authority. Mandatory consumer protection laws of your jurisdiction apply regardless of this arbitration clause.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, United States, without regard to its conflict of law provisions. To the extent that arbitration does not apply, you consent to the exclusive jurisdiction of the state and federal courts located in Texas. If you are an EEA, UK, or Swiss resident, this choice of law does not deprive you of the protection of mandatory provisions of the consumer protection laws of your country of residence.

14. Force Majeure

Fireborne XIII Foundry LLC shall not be liable for any failure or delay in performing its obligations under these Terms due to causes beyond its reasonable control, including but not limited to: natural disasters, acts of government, internet or infrastructure outages, failures of third-party service providers (including OpenAI, Stripe, Vercel, and Supabase), cyberattacks, pandemics, or other events of force majeure. During such events, Fireborne XIII Foundry LLC's obligations are suspended for the duration of the event.

15. Assignment

Fireborne XIII Foundry LLC may assign or transfer these Terms, and any rights and licenses granted hereunder, in whole or in part, without restriction and without notice or your consent, including in connection with a merger, acquisition, or sale of assets. You may not assign or transfer these Terms or any rights hereunder without the prior written consent of Fireborne XIII Foundry LLC.

16. Accessibility

Fireborne XIII Foundry LLC is committed to making the Service accessible to all users, including individuals with disabilities. We strive to conform to the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA standards. If you experience any accessibility barriers while using the Service, please contact us at dad-tale-support@f13foundry.com with a description of the issue, and we will make reasonable efforts to provide an accessible alternative or resolve the barrier.

17. International Users

The Service is operated from the United States. If you access the Service from outside the United States, you do so at your own initiative and are responsible for compliance with local laws. By using the Service, you consent to the transfer of your data to the United States as described in our Privacy Policy.

If you are located in the European Economic Area, United Kingdom, or Switzerland, the following applies in addition to these Terms:

  • Your data is processed in accordance with the General Data Protection Regulation (GDPR) and/or UK GDPR. See our Privacy Policy for lawful bases, your rights, and data transfer safeguards.
  • Nothing in these Terms limits your rights under mandatory consumer protection laws in your jurisdiction.
  • You may bring legal proceedings in the courts of your country of residence.
  • You have the right to lodge a complaint with your local data protection supervisory authority.

18. Mobile Applications & App Stores

The Service is currently provided as a web application only. If DadTale is made available through a mobile application distributed via the Apple App Store, Google Play Store, or any other app store in the future, the following additional terms will apply:

  • These Terms are between you and Fireborne XIII Foundry LLC only, not with the app store provider.
  • The app store provider has no obligation to provide maintenance, support, or warranty for the app.
  • The app store provider is not responsible for any claims related to the app, including product liability, legal compliance, or intellectual property infringement.
  • The app store provider is a third-party beneficiary of these Terms and may enforce them against you.

19. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes by email or by posting a prominent notice on the Service at least 30 days before the changes take effect. Continued use of the Service after the effective date constitutes acceptance of the updated Terms.

20. Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

21. Contact

For questions about these Terms, contact us at:

Fireborne XIII Foundry LLC
Email: dad-tale-support@f13foundry.com
5900 Balcones Drive STE 100
Austin, TX 78731
United States

Terms of Service | DadTale