Terms of Service

This document constitutes a legally binding agreement between you ("User," "you," or "your") and The Tale Company Limited, a company registered under the laws of the Kingdom of Thailand, operating the platform known as "Tale" ("Company," "we," or "our"), accessible at talestudio.ai and the Tale Studio application (collectively the "Platform" or "Services").

This document is divided into two parts, as follows:

• Part I – General Terms of Service: applicable to all Users of the Platform, whether on a free or paid basis.
• Part II – Terms of Paid Service: applicable to Users who subscribe to a paid plan or purchase Credits (Credits). Part II supplements and must be read together with Part I.

BY TICKING THE ACCEPTANCE CHECKBOX AND/OR ACCESSING OR USING THE PLATFORM IN ANY MANNER, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS ENTIRE AGREEMENT INCLUDING PART I AND PART II. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE PLATFORM.

Part I – General Terms of Service

1. Definitions

For the purposes of this Agreement, the following terms shall have the meanings set out below:

• "Agreement" means this document in its entirety, comprising Part I (General Terms of Service) and Part II (Terms of Paid Service), together with the Privacy Policy and any other policies incorporated herein by reference.
• "Company" means The Tale Company Limited, a company registered in Thailand, operating the Platform.
• "Content" means any data, text, images, video, audio, prompts (Prompt), or other materials submitted to or created through the Platform, including Input and Output.
• "Credits" means the virtual currency used on the Platform to access content generation features, as further described in Part II.
• "Input" means any content submitted by a User to the Platform for the purpose of generating Output, including text, images, or other materials.
• "Output" means any content generated by the Platform's artificial intelligence system in response to a User's Input.
• "Platform" means the Tale application, website at talestudio.ai, and all related features, tools, and services operated by the Company.
• "Privacy Policy" means the Company's privacy policy as published on the Platform from time to time, governing the collection, use, and processing of personal data.
• "Services" means all features, tools, functions, and services provided by the Company through the Platform.
• "User" means any individual who accesses or uses the Platform, whether on a free or paid basis.

2. Acceptance of Terms

2.1 Binding Agreement

By ticking the acceptance checkbox at the time of account registration, or by accessing or using the Platform in any manner, the User agrees to be bound by this Agreement. This Agreement constitutes a legally binding contract between the User and the Company under the laws of the Kingdom of Thailand. The parties acknowledge that electronic acceptance of this Agreement, including by means of ticking the acceptance checkbox, has the same legal effect as a written signature, in accordance with the Electronic Transactions Act B.E. 2544 (2001) and its amendments.

2.2 Modification of Terms

The Company reserves the right to amend this Agreement at any time. In the event of material amendments, the Company shall notify the User a reasonable time in advance before the new terms take effect, via the email address associated with the User's account, or through a prominent notice on the Platform. In the case of material amendments, the Company may require the User to express acceptance (such as clicking an accept button on screen) before the User may continue using the Platform. In any case, the User's continued access to or use of the Platform after the date on which the amended terms take effect shall be deemed to constitute the User's reading, understanding, and agreement to be bound by the amended Agreement.

2.3 Eligibility

Access to and use of the Platform is restricted to individuals who:

• are at least eighteen (18) years of age.

This Platform is primarily intended to serve users in the Kingdom of Thailand only. Access or use from outside Thailand is entirely at the User's own risk and responsibility to comply with the laws of such locality.

2.4 Capacity

By accepting this Agreement, the User represents and warrants that they have the legal capacity to enter into a binding contract. If a User accesses the Platform on behalf of a legal entity, the User represents and warrants that they are duly authorised to bind that entity to this Agreement.

3. Account Registration and Security

3.1 Registration Requirement

Access to the Platform requires the creation of a user account. The User agrees to provide accurate, complete, and current information during the registration process and to update such information promptly as necessary to maintain its accuracy.

3.2 Account Security

The User is solely responsible for maintaining the confidentiality of their account credentials and for all activities conducted under their account. The User must notify the Company immediately at support@talestudio.ai upon becoming aware of any unauthorised access to or use of their account. The Company shall not be liable for any loss or damage arising from the User's failure to comply with this account security obligation.

3.3 Account Restrictions

Each account is for the personal use of a single individual only. The User must not:

• share account credentials with any third party;
• create or maintain more than one account;
• register an account using false or misleading information;
• use another User's account without authorisation.

3.4 Account Deletion

The User may request deletion of their account at any time through the account settings or by contacting the Company at support@talestudio.ai. Upon account deletion:

• all personal data associated with the account shall be deleted within ninety (90) days of the deletion request, except for data that the Company is required to retain by law or for the Company's legitimate legal interests (such as the exercise of legal claims or the investigation of fraud), all in accordance with the Privacy Policy of the Company, pursuant to the Personal Data Protection Act B.E. 2562 ("PDPA");
• all unused Credits, whether Monthly Credits, Top-Up Credits, or promotional credits granted by the Company, shall be immediately and irrevocably forfeited;
• no refund shall be payable in respect of any unused Credits, prepaid fees, or remaining subscription period.

4. Licence Grant

4.1 Limited Licence

Subject to the User's compliance with this Agreement, the Company grants the User a limited, non-exclusive, non-transferable, non-sublicensable, and revocable licence to access and use the Platform for personal and non-commercial purposes only, unless the User holds an active paid subscription as described in Part II – Terms of Paid Service.

4.2 Restrictions

The licence granted under Clause 4.1 does not permit the User to:

• reproduce, distribute, modify, or create derivative works from any part of the Platform or related technology;
• reverse engineer, decompile, or attempt to extract the source code or algorithms of the Platform;
• use the Platform to develop, train, or improve a competing artificial intelligence model or service;
• access the Platform by automated means, including bots, data interceptors, or crawlers, without the prior written consent of the Company;
• sublicense, sell, resell, or commercially exploit the Platform or any Output, except as expressly permitted under Part II – Terms of Paid Service;
• circumvent any security measures, usage limits, or access controls implemented by the Company.

4.3 Reservation of Rights

All rights not expressly granted to the User under this Agreement are reserved by the Company and its licensors.

5. Intellectual Property

5.1 Company Technology

The Company and its licensors reserve all rights, title, and interest in the Platform, including all intellectual property rights in the related technology, software, algorithms, interfaces, branding, and documentation. Nothing in this Agreement shall be construed as transferring such rights to the User.

5.2 User Input

The User retains all ownership rights in their Input. By submitting Input to the Platform, the User grants the Company a worldwide, royalty-free, non-exclusive licence to use, host, store, reproduce, and process such Input solely to the extent necessary to provide the Services and as further described in Clause 5.5.

5.3 AI-Generated Output

The Company does not claim ownership of Output generated by the Platform. To the extent that intellectual property rights in AI-generated Output are recognised and capable of assignment under applicable Thai law, the Company assigns all rights, title, and interest (if any) in such Output to the User. The User acknowledges that the legal status of intellectual property rights in AI-generated works is under ongoing legal development in Thailand and internationally, and the Company makes no warranty as to the extent of intellectual property protection available in respect of any Output.

5.4 Restrictions on Use of Output

The use of Output is subject to the following restrictions:

• Free tier Users may use Output for personal and non-commercial purposes only. Commercial use of Output by free tier Users is strictly prohibited.
• Paid tier Users may use Output for both personal and commercial purposes, subject to compliance with this Agreement and applicable law.
• No User may use Output to infringe the intellectual property rights, personality rights, or other rights of any third party.
• No User may use Output in a manner that violates applicable Thai law.

5.5 Licence to Company for Marketing Purposes

By using the Platform, the User grants the Company a non-exclusive, royalty-free, worldwide, sublicensable licence to use, reproduce, display, and distribute Output that the User has chosen to set as public or has published publicly on the Platform only, for the purposes of promoting, marketing, and publicising the Platform and the Company's services. The Company shall use reasonable efforts to attribute Output to the User where practicable, but is not obligated to do so.

5.6 Licence for Training and Improvement

Subject to the Personal Data Protection Act B.E. 2562, the User grants the Company a perpetual, irrevocable, worldwide, royalty-free licence to use Input and Output that has been subjected to an absolute anonymisation process and aggregated (Anonymized and Aggregated Data) only, for the purposes of training, tuning, and improving the Company's machine learning models (Machine Learning), algorithms, and Platform.

6. User Responsibility for Input Content

6.1 Warranties Regarding Input

By submitting any Input to the Platform, the User represents and warrants that:

• the User is the owner of all intellectual property rights in the Input, or has obtained all necessary licences, permissions, and consents from the relevant rights holders to submit such Input for the purposes of using the Platform;
• where the Input contains the likeness, image, voice, name, or personal data of any identifiable individual other than the User, the User has obtained the express prior consent of that individual;
• the Input does not infringe the intellectual property rights, privacy rights, personality rights, right to privacy, or any other rights of any third party;
• the Input does not contain any material that is unlawful, defamatory, or in violation of any applicable laws or regulations of the Kingdom of Thailand;
• the User's submission of the Input and the Company's use thereof in accordance with this Agreement will not give rise to any liability on the part of the Company toward any third party.

6.2 Third-Party Claims

In the event that any third party brings a claim, legal action, demand, or proceeding against the Company arising out of or in connection with Input submitted by the User, or any Output arising from such Input, including but not limited to claims of intellectual property infringement, breach of privacy, defamation, or unauthorised use of likeness, the User shall:

• be solely responsible for defending and resolving such claim at the User's own expense;
• indemnify and hold harmless the Company, its directors, officers, employees, agents, and successors from and against all losses, damages, liabilities, costs, and expenses (including legal fees on a full indemnity basis) arising from or in connection with such claim;
• cooperate fully with the Company in defending such claim if the Company elects to participate in or assume control of the defence.

6.3 Company's Right of Recourse

Where the Company suffers or incurs any loss, damage, liability, penalty, fine, or legal costs, including costs imposed by a court, regulatory authority, or third party, as a direct or indirect result of the User's Input, Output arising from such Input, or the User's breach of the warranties set out in Clause 6.1, the Company reserves the right to pursue the User for full recovery of all such amounts through any legal means available under the laws of the Kingdom of Thailand. The Company's right of recourse under this Clause is in addition to, and does not limit, any other rights or remedies available to the Company under this Agreement or applicable law.

6.4 Company's Right to Manage Content

The Company reserves the right (but is under no obligation) to screen, review, reject, remove, or suspend access to any Input or Output on the Platform immediately without prior notice, if the Company in good faith believes that such content violates this Agreement, applicable law, or the rights of third parties.

7. Prohibited Conduct and Content

7.1 General Prohibitions

The User acknowledges that the Platform operates under the laws of the Kingdom of Thailand, including the Computer Crimes Act B.E. 2550 (2007) and its amendments, which impose criminal and civil liability for certain online conduct. The User agrees not to use the Platform to create, upload, download, transmit, distribute, or exploit in any manner, or to conduct any activity that:

• constitutes, facilitates, or promotes any illegal act or omission under the laws of the Kingdom of Thailand, including but not limited to offences under the Computer Crimes Act B.E. 2550 (2007);
• is defamatory, libellous, makes false allegations, is damaging, or is harmful to the reputation of any individual or entity;
• violates the lèse-majesté laws of Thailand, or is disrespectful of the Thai monarchy or national institutions;
• constitutes violence, gore, graphic depictions of harm, or content that glorifies or incites violence against oneself, others, or any group of persons;
• constitutes or contains pornographic, obscene, or sexually explicit material of any nature;
• constitutes child sexual abuse material (CSAM), or any content that sexualises, exploits, harms, or endangers children;
• constitutes non-consensual intimate content;
• constitutes overtly sexually explicit content — such as content created for pornographic purposes or to satisfy sexual desire;
• or constitutes content that violates the privacy or dignity of any individual;
• constitutes or facilitates deepfakes (Deepfake), synthetic media, or content created by artificial intelligence with the intent to deceive, defraud, defame, or harm any individual;
• surveils, spies upon, or stalks any individual without consent;
• constitutes impersonation, or is intended to cause others to misunderstand that Output created by artificial intelligence on this Platform is entirely the creative work of a human;
• constitutes hate speech, or content that discriminates against, degrades, or incites hatred toward any person or group based on race, ethnicity, nationality, religion, gender, sexual orientation, disability, or other protected characteristics;
• constitutes phishing (Phishing), fraud, impersonation, or any other form of deception;
• contains malware, viruses, trojans, ransomware, or any malicious code or software;
• infringes the intellectual property rights, privacy rights, or other proprietary rights of any third party;
• facilitates or promotes the use of illegal drugs, weapons, or other controlled substances;
• facilitates, promotes, or solicits participation in illegal gambling or online gambling;
• constitutes unsolicited commercial communications, spam, or chain messages;
• constitutes content that provides specific medical advice, disease diagnosis, legal advice, or financial and investment advice, including using Output for automated decision-making that affects the rights, freedoms, or legal status of individuals;
• promotes terrorism or extremist violence;
• violates the rights of others, including privacy rights and intellectual property rights, such as using personal data or biometric data (Biometrics) without legally required consent;
• places the security systems of others' services involved at risk, including creating or disseminating content that supports or facilitates:
  • generating hatred or hate speech (Hate Speech), harassment, bullying (Bullying), intimidation, abuse, or denigration of others;
  • automated decision-making that has a negative impact on the rights of individuals in sensitive fields, including employment, medical/public health, finance, law, housing, insurance, or social welfare, without human oversight;
  • facilitates misleading claims about governmental or democratic processes, or promotes harmful health practices.

7.2 Content Monitoring and Removal

The Company reserves the right, but is under no obligation, to monitor, review, and remove any content that it determines, in its sole discretion, violates this Agreement or applicable law. The Company may take any action it deems appropriate in response to prohibited content, including suspending or terminating the User's account. Users may report inappropriate content or conduct by other persons that violates these terms through the Report/Flag function within the application, or by contacting the Company through the designated channel, and the Company will investigate and take decisive measures to manage such content, including removing the content, suspending, or immediately terminating the account of the offending User as deemed appropriate.

8. Third-Party Services and AI Model Providers

8.1 Third-Party Integrations

The Platform may integrate with or make use of third-party services, including artificial intelligence model providers and payment processors. The User's use of such third-party services is subject to the applicable terms and conditions and privacy policies of the relevant third-party provider. The Company is not responsible for the availability, accuracy, performance, or data handling practices of any third-party services.

8.2 AI Model Providers

The Platform is powered in part by third-party artificial intelligence infrastructure, including services provided by OpenAI, LLC and Google LLC, and/or other providers as the Company deems appropriate in the future (collectively, "AI Providers"). The following terms apply in respect of the Company's use of AI Providers.

(a) Transmission of Input

By submitting Input to the Platform, the User acknowledges and agrees that such Input will be transmitted to and processed by one or more AI Providers for the purpose of generating Output. Once transmitted, Input is subject to the data retention, processing, and privacy practices of the relevant AI Provider, over which the Company has no control. The Company recommends that the User review the privacy policies of the AI Providers before submitting any Input.

• OpenAI Privacy Policy: https://openai.com/policies/privacy-policy
• Google Privacy Policy: https://policies.google.com/privacy

(b) Model Behaviour and Output

The nature, capability, quality, and behaviour of Output is determined in whole or in part by the AI Providers' models, which are owned, operated, and controlled exclusively by the AI Providers. The Company does not control the relevant models and makes no warranty as to the consistency, accuracy, suitability, or continued availability of any particular model behaviour or Output characteristic. Any change to an AI Provider's model, including updates, modifications, capability restrictions, or deprecations, may affect Output generated through the Platform without notice to the Company or the User.

(c) AI Provider Policy Changes

The AI Providers publish and may amend their own usage policies, acceptable use policies, and terms of service from time to time. The Company's ability to offer certain features or to permit certain types of generation through the Platform is subject to and constrained by the AI Providers' then-current policies. The Company reserves the right to restrict, modify, or withdraw any feature or type of generation at any time without prior notice, where required to maintain compliance with the AI Providers' policies. Such restriction or withdrawal shall not constitute a breach of this Agreement and shall not give rise to any right to a refund, compensation, or other remedy on the part of the User.

(d) Refused or Restricted Generations

Certain types of Input may be refused, filtered, or restricted by the AI Providers' systems, regardless of whether such Input would otherwise be permitted under the prohibited content provisions of Clause 7 of this Agreement. The Company is not liable for any refusal or restriction of Output attributable to the AI Providers' systems or policies. Credits consumed in connection with a generation that is refused or materially restricted by an AI Provider's systems may be subject to the Credit dispute mechanism set out in Clause 5.5 of Part II, at the Company's sole discretion.

(e) Service Continuity

The Platform's ability to provide generation services is contingent upon the Company's continued access to the AI Providers' Application Programming Interfaces ("APIs"). In the event that an AI Provider suspends, restricts, or terminates the Company's API access for any reason, including but not limited to the Company's alleged non-compliance with the AI Provider's policies, changes to the AI Provider's commercial terms, or the AI Provider's cessation of a relevant service, the Platform may be partially or wholly unavailable. The Company shall not be liable to the User for any loss, damage, or inconvenience arising from such interruption, and such interruption shall be treated as a force majeure event for the purposes of Clause 16.5 of Part I.

(f) No Endorsement

The Company's use of OpenAI and Google services does not constitute an endorsement of those providers or their products. The Company makes no representation or warranty regarding the AI Providers' services, reliability, security, or compliance with applicable law.

9. Personal Data and Privacy

9.1 PDPA Compliance

The Company attaches importance to the protection of Users' personal data. The Company shall collect, use, and process personal data under the provisions of the Personal Data Protection Act B.E. 2562 and related laws. The details of personal data processing and Users' various rights are specifically set out in the Company's "Privacy Policy," which is separate from this Agreement and may be accessed and reviewed at any time on the Platform.

9.2 Data Retention

Upon receipt of a valid account deletion request, the Company shall delete or destroy the User's personal data within ninety (90) days, in accordance with the notification on Criteria for Personal Data Deletion, Destruction, and De-identification issued by the Personal Data Protection Committee of Thailand, effective November 11, 2024. Notwithstanding the foregoing, the Company reserves the right to retain some or all of the User's personal data for such period as is necessary where the Company has a legal necessity and legitimate legal basis (such as compliance with tax and accounting laws, fraud investigation, or for the establishment of the Company's legal claims), before destroying such data when the necessity has ended.

9.3 Data Subject Rights

In accordance with the PDPA, Users have the right to access, correct, delete, restrict processing of, and obtain a copy of their personal data. Requests may be submitted to the Company at support@talestudio.ai.

10. User Community and Content Sharing

10.1 Community Gallery

The Platform may offer features that allow Users to share, publish, or display their Output within the Platform community. By choosing to share Output through such features, the User:

• grants other Users a non-exclusive licence to view such Output within the Platform;
• acknowledges that shared Output may be visible to all Users of the Platform;
• represents and warrants that the shared Output complies with the prohibited content restrictions set out in Clause 7.

10.2 Responsibility for Shared Content

The User is solely responsible for any content they choose to share on the Platform. The Company is not responsible for and does not endorse any content shared by Users.

10.3 UGC Moderation

To maintain a positive atmosphere and safety within the community, Users have the right to use in-application functions to "Report" inappropriate content or "Block" other unwanted Users at any time. The Company reserves the absolute right, at its sole discretion, to inspect, caution, hide, or immediately remove any content from the community gallery without prior notice, as well as the right to permanently suspend or terminate the account of any User who posts content in violation of Clause 7 or content that the Company deems inappropriate to the community.

11. Disclaimer of Warranties

The Platform and all Services are provided on an "as is" and "as available" basis without warranty of any kind. To the maximum extent permitted by applicable Thai law, the Company expressly disclaims all warranties, whether express, implied, statutory, or otherwise, including without limitation any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. The Platform and all Services are provided "as is" (As Is) and "as available" (As Available) without any warranty of quality or performance whatsoever. To the maximum extent permitted by applicable Thai law, the Company expressly disclaims all warranties, whether express, implied, statutory, or otherwise, including without limitation the implied warranties of Merchantability, Fitness for a Particular Purpose, Title, and Non-infringement.

The Company does not warrant that:

• (a) the Platform will operate in an uninterrupted, timely, secure, or error-free manner;
• (b) any Output will be accurate, complete, reliable, or fit for the User's particular purpose; or
• (c) any defects or errors in the Platform will be corrected.

The User acknowledges and agrees that the use of artificial intelligence technology involves inherent uncertainty and that Output may not accurately or completely reflect real persons, places, facts, or circumstances, and that Hallucination may occur. The User is solely responsible for evaluating the accuracy and suitability of any Output before relying on or using it.

12. Limitation of Liability

To the maximum extent permitted by the laws of the Kingdom of Thailand, and except in cases arising from the intentional wrongdoing or gross negligence of the Company, the Company, its directors, officers, employees, agents, and licensors shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including without limitation any loss of profits, revenue, data, business reputation, or other non-monetary losses arising out of or in connection with:

• the User's access to or use of, or inability to access or use, the Platform or Services;
• any Output generated through the Platform;
• any unauthorised access to or alteration of the User's account or data;
• the conduct or content of any third party on or through the Platform; or
• any other matter relating to the Platform or this Agreement.

In no event shall the Company's total aggregate liability to the User exceed the amount actually paid by the User to the Company in the three (3) months immediately preceding the event giving rise to the claim, or two thousand Thai Baht (THB 2,000), whichever is greater. Nothing in this Clause shall exclude or limit the Company's liability to the extent that such exclusion or limitation is not permitted under applicable Thai law.

13. Indemnification

The User agrees to defend, indemnify, and hold harmless the Company, its directors, officers, employees, agents, successors, and assigns from and against any and all claims, liabilities, damages, losses, costs, and expenses (including litigation costs and fees, court fees, and legal fees on a basis of amounts actually paid and reasonably incurred) arising out of or in connection with:

• the User's access to or use of the Platform;
• Input submitted or Output used by the User;
• the User's breach of any provision of this Agreement;
• the User's violation of any applicable law or regulation; or
• the User's infringement of the rights of any third party.

14. Termination and Suspension

14.1 Termination by the User

The User has the right to terminate use of the Platform or request deletion of their user account at any time through the function designated within the application, or by contacting the Company through the channels specified in this Agreement. The consequences of termination and credit forfeiture shall be as set out in Clauses 3.4 and 14.3.

14.2 Termination by the Company

The Company may suspend or terminate a User's account and access to the Platform immediately, at its sole discretion and without prior notice or liability, where:

• the User has breached any provision of this Agreement;
• the User has engaged in conduct that the Company determines, in its sole discretion, to be harmful to the Platform, other Users, or third parties;
• the Company is required to do so by applicable law, court order, or regulatory directive; or
• continued provision of the Services to the User would expose the Company to legal or regulatory risk.

14.3 Effect of Termination

Upon termination or suspension of a User's account:

• the User's licence to access and use the Platform shall immediately cease;
• all unused Credits shall be forfeited with no right to reclaim;
• any outstanding subscription fees shall remain due and payable;
• provisions of this Agreement that by their nature should survive termination shall continue in full force and effect, including Clauses 5, 6, 11, 12, 13, and 16, and other provisions intended to have permanent effect.

15. Governing Law and Dispute Resolution

15.1 Governing Law

This Agreement is subject to and shall be construed in accordance with the laws of the Kingdom of Thailand, without regard to conflict of law principles.

15.2 Jurisdiction

Subject to applicable consumer protection laws, both parties agree that the courts of Bangkok, Thailand shall have jurisdiction to hear and determine any dispute, claim, or controversy arising out of or in connection with this Agreement, the Platform, or the Services.

15.3 Pre-Litigation Resolution

Prior to commencing any legal proceedings, the parties agree to attempt to resolve any dispute through good-faith negotiations for a period of not less than thirty (30) days from the date on which one party provides written notice to the other regarding the dispute.

16. General Provisions

16.1 Entire Agreement

This Agreement, together with the Privacy Policy and any other policies incorporated herein by reference, constitutes the entire agreement between the User and the Company with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations, and discussions, whether oral or written, between the parties.

16.2 Severability

If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be amended to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

16.3 Waiver

No failure or delay by either party in exercising any right under this Agreement shall constitute a waiver of that right. A waiver of any provision of this Agreement on one occasion shall not be construed as a waiver of any other provision or of the same provision on any other occasion.

16.4 Assignment

The Company may assign or transfer its rights and obligations under this Agreement to any affiliate, successor, or acquirer without the User's prior consent. The User may not assign or transfer any of their rights or obligations under this Agreement without the prior written consent of the Company.

16.5 Force Majeure

The Company shall not be liable for any failure or delay in performance of its obligations under this Agreement where such failure or delay results from causes beyond the Company's reasonable control, including natural disasters, catastrophes, war, civil unrest, governmental action, pandemics, network or infrastructure failure, cyberattacks, or the unavailability of third-party artificial intelligence model services.

16.6 Language

This Agreement is prepared in both Thai and English versions, both of which are legally binding and effective in parallel. However, in the event of any conflict, inconsistency, or ambiguity in interpretation between the Thai version and the English version, the parties agree to regard the Thai version as the governing language for enforcement and interpretation under the laws of the Kingdom of Thailand.

17. Contact Information

For any enquiries, complaints, or notices regarding this Agreement, please contact the Company at:

The Tale Company Limited
Email: support@talestudio.ai
Address: 75/8 Grand Crystal, Pradit-Manutham Road, Nuanchan, Buengkum, Bangkok 10230

Part II – Terms of Paid Service

This Part II ("Terms of Paid Service") constitutes additional terms and an integral part of the service agreement in Part I, governing subscriptions, purchases of Credits, and access to all paid features or services on the Platform. In the event of any conflict or ambiguity between the provisions of this Part II and Part I, the provisions of this Part II shall prevail in so far as they relate to paid services and all financial transactions. All terms or specific definitions used in this Part II shall have the same meanings as defined in Part I, unless specifically defined otherwise in this Part.

1. Tale Credits (TC)

1.1 Nature of Credits

Tale Credits ("TC") are the sole virtual currency used on the Platform to access content generation features and paid services. Credits:

• have no monetary value and do not constitute legal tender, prepaid payment instruments, vouchers, or electronic money;
• cannot be exchanged, redeemed, or converted into cash or any other currency or medium of exchange;
• cannot be transferred between Users or between accounts;
• cannot be refunded or converted to other benefits, except as expressly required by applicable Thai law.

1.2 Types of Credits

(a) Monthly Credits

• The Company may, at its sole discretion, allocate complimentary Monthly Credits to Users. The amount of such Credits (if any) shall be as specified on the Platform from time to time and is subject to change or withdrawal without prior notice.
• Paid tier Users shall receive Monthly Credits in accordance with their subscription plan, as specified on the Platform at the time of subscription.
• Monthly Credits are valid for 2 months from the date of allocation. Unused Monthly Credits shall expire at the end of the validity period and shall not be carried forward under any circumstances.

(b) Top-Up Credits

• Top-Up Credits may be purchased by paid tier Users only.
• Top-Up Credits are valid for 1 year from the date of purchase.
• Top-Up Credits are non-transferable and non-refundable.

1.3 Credit Consumption Order

Where a User holds multiple types of Credits, Credits with the shortest remaining validity period shall be consumed first, regardless of the type of Credits or the order in which Credits were received.

1.4 Top-Up Credit Packages

Top-Up Credit packages are available for purchase by paid tier Users. The available packages, including applicable prices and Credit amounts, shall be displayed on the Platform from time to time, and may be changed at the Company's sole discretion without prior notice. The Company may offer promotional bonus Credits for certain packages. Promotional bonus Credits are subject to availability and may be added, modified, or withdrawn at any time without prior notice. Promotional bonus Credits are subject to the same terms as Top-Up Credits, unless other conditions are specified on the Platform.

1.5 Expiry and Forfeiture

Credits shall be immediately and irrevocably forfeited, and the User shall have no right to claim a refund or any compensation, in the following circumstances:

• expiry of the applicable validity period;
• cancellation or deletion of the User's account for any reason;
• termination of the User's account by the Company pursuant to Clause 14 of Part I.

For the avoidance of doubt, Credits shall not be forfeited as a result of a plan upgrade or downgrade. Upon any change in subscription plan, Credits already allocated to the User shall retain their original validity period and remain available for use, subject only to changes in feature access applicable to the User's new plan.

2. Subscription Plans

2.1 Available Plans

The Company offers subscription plans as described on the Platform from time to time. Current plans include a free tier and one or more paid tiers. The specific features, Credit allocations, and pricing applicable to each plan shall be as displayed on the Platform at the time of subscription and may be subject to change pursuant to Clause 2.4.

2.2 Free Tier

The free tier provides limited access to the Platform at no charge. Free tier Users:

• may receive complimentary Credits at the Company's discretion, in amounts and subject to conditions as specified on the Platform from time to time;
• are subject to restrictions on the number of concurrent generations and accessible features as specified on the Platform;
• have a watermark (Watermark) displayed on all Output generated through the Platform, and Users are prohibited from removing, hiding, or altering the watermark by any means;
• may use Output for personal and non-commercial purposes only.

2.3 Paid Tier

Paid tier subscribers shall receive access to additional features, higher Credit allocations, removal of watermarks from Output, increased concurrent generation capacity according to the package, as well as the right to use Output for commercial purposes (Commercial Use), within the scope and conditions set out in Clause 5 of Part I of this Agreement. Full details shall be displayed on the Platform according to the plan the User selects.

2.4 Changes to Plans and Pricing

The Company reserves the right to introduce new subscription plans, amend or update existing plans, or adjust service rates according to business discretion. In the event of an increase in service rates, the Company shall notify Users in writing at least thirty (30) days before the new rates take effect, via email or through a notice on the Platform. If a User does not consent to such pricing changes, the User has the right and obligation to cancel the subscription in accordance with the procedure in Clause 3.4 before the next scheduled payment date. If the User continues to use the services after the expiry of the notice period, the User shall be deemed to have impliedly consented to payment at the new rate (subject to the conditions and payment systems of Apple App Store or Google Play Store as applicable).

3. Subscription Terms

3.1 Subscription Period and Auto-Renewal

Paid subscriptions shall be charged on a recurring and continuous basis per monthly cycle, or per selected service cycle, with the system automatically renewing membership and deducting charges (Auto-Renew) on the commencement date of each new billing cycle at the then-current service rate, unless the User has completed cancellation of the subscription pursuant to Clause 3.4. By selecting the service, the User consents to and authorises the Company, or the relevant payment service providers (including Apple App Store and Google Play Store), to deduct charges from the payment method the User has linked in the system.

3.2 Credit Allocation on Renewal

Monthly Credits shall be allocated at the commencement of each billing period. Monthly Credits from the preceding billing period that remain unused shall expire and shall not be carried forward to the next period, unless the validity of the Credits extends beyond the billing period pursuant to Clause 1.2.

3.3 Upgrades and Downgrades

(a) Upgrades: A plan upgrade shall take effect immediately upon payment. The User shall be charged a prorated amount for the remainder of the current billing period, calculated based on the price difference between the existing and new plan. The validity period of Credits held at the time of upgrade shall not be affected.

(b) Downgrades: A plan downgrade shall take effect at the commencement of the next billing period. The Company is not liable for any loss of features, content, or credits resulting from a downgrade. The validity period of Credits held at the time of downgrade shall not be affected.

3.4 Cancellation

In the event that a User pays via Apple In-App Purchase or Google Play Billing, the User must independently cancel the auto-renewal through Apple or Google account settings only. For subscriptions made directly through the Company's website, the User may cancel through the settings menu on the website or by sending a request to support@talestudio.ai. Cancellation must be completed at least twenty-four (24) hours before the start of the next billing cycle. Upon cancellation:

• the User may continue to access and use paid tier features until the end of the current billing period;
• the system shall not renew and shall not charge for the next billing cycle;
• neither the Company nor third-party platforms have a refund policy for the unused portion of the current billing cycle, unless this is subject to the discretion and refund conditions of Apple or Google through which the User submits a request through such Store system;
• Monthly Credits shall remain usable until they reach the 2-month expiry pursuant to Clause 1.2(a), and Top-Up Credits (if any) shall remain usable until they reach the 1-year expiry pursuant to Clause 1.2(b).

3.5 Failed Payments and Grace Period

In the event that a scheduled payment fails, the Company shall:

• notify the User via the email address associated with their account;
• provide a grace period of sixteen (16) calendar days from the original payment date, during which the User may settle the outstanding payment and retain access to paid features;
• if the sixteen (16)-day grace period expires without a successful payment, automatically downgrade the User's account to the free tier.

Upon downgrade due to payment failure, Top-Up Credits previously purchased by the User shall remain and expire according to their original 1-year term from the date of purchase, subject in all respects to the credit forfeiture rules in Clause 1.5. The Company and third-party platforms reserve the right to attempt to collect outstanding payments during the grace period, and persistent outstanding payments may result in the account being suspended pursuant to the conditions of Part I.

4. Fees and Payment

4.1 Pricing

All fees are quoted in Thai Baht (THB) and are inclusive of applicable VAT unless otherwise stated. Current pricing is displayed on the Platform and may be subject to change pursuant to Clause 2.4.

4.2 Payment Authorisation

By subscribing to a paid plan or purchasing Top-Up Credits, the User expresses consent to and authorises the Company, or the designated third-party payment service provider, to collect and deduct service fees from the payment method the User has selected and linked in the system. The Company shall allocate Credits or unlock paid features to the User only after the Company has received a successful and valid payment confirmation signal from the payment service provider. The User has the duty and responsibility to ensure that their payment method has sufficient credit limit or balance in each billing cycle.

4.3 Payment Processors

Payment processing on the Platform is handled by third-party payment service providers as follows, depending on the channel through which the User subscribed:

(a) Web Platform

Payments made through the Tale web platform (talestudio.ai) are processed by Omise Co., Ltd. ("Omise"). The User's payment information submitted through the web platform is subject to Omise's terms of service and privacy policy. The Company has no policy of accessing, storing, or processing any credit card or personal financial information of Users on the Company's own server systems directly.

(b) iOS Application

Subscriptions and in-app purchases made through the Tale iOS application are processed by Apple Inc. through the Apple App Store. Such transactions are subject to Apple's Terms and Conditions and Apple's Privacy Policy. The Company does not process or store payment information submitted through the Apple App Store.

(c) Android Application

Subscriptions and in-app purchases made through the Tale Android application are processed by Google LLC through the Google Play Store. Such transactions are subject to Google Play's Terms of Service and Google's Privacy Policy. The Company does not process or store payment information submitted through the Google Play Store.

(d) Subscription Management by Platform

The User's ability to manage, modify, or cancel their subscription is strictly determined by the platform through which the User originally subscribed. The following rules apply:

• Web subscriptions: must be managed exclusively through the User's account settings on the Tale web platform (talestudio.ai). Web subscriptions cannot be managed, modified, or cancelled through the Tale mobile application, Apple App Store, or Google Play Store.
• iOS subscriptions: must be managed through the User's Apple ID subscription settings on their iOS device or via the App Store. They may also be managed through the Tale mobile application to the extent that such functionality is available. The Company is unable to modify or cancel iOS subscriptions on the User's behalf.
• Android subscriptions: must be managed through the User's Google account subscription settings via the Google Play Store. They may also be managed through the Tale mobile application to the extent that such functionality is available. The Company is unable to modify or cancel Android subscriptions on the User's behalf.

The User acknowledges that subscription management rules imposed by Apple and Google are outside the Company's control, and the Company shall not be liable for any failure, delay, or error in subscription modification or cancellation attributable to the Apple App Store or Google Play Store.

4.4 Responsibility for Payment Errors

The Company shall not be liable for any errors, delays, failures, or duplicate transactions in the payment processing process, arising from the payment service provider's system (Payment Gateway), internet network disruptions, or issues originating from the User's own financial institution or bank. The User has the duty to independently investigate and liaise with such financial service provider or bank to resolve any errors that occur.

5. Refund Policy

5.1 No Refunds on Subscriptions

All subscription fees are non-refundable. The User is not entitled to a refund of subscription fees for any unused portion of a billing period, whether upon cancellation, downgrade, or termination of the User's account.

5.2 No Refunds on Credits

All Credits, whether Monthly Credits or Top-Up Credits, are non-refundable and may not be exchanged for cash or any other medium of value under any circumstances.

5.3 Exception

Notwithstanding Clauses 5.1 and 5.2, nothing in this Agreement limits any rights the User may have under applicable Thai consumer protection laws that cannot be lawfully excluded or restricted.

5.4 Administrative Fee

In exceptional cases beyond those required by law, where the Company has exercised its sole and absolute discretion to approve a refund to alleviate damage to the User, the Company reserves the right to deduct an administrative and service fee at the rate of six percent (6%) of the total amount to be refunded, as actual administrative costs and Payment Gateway Fee incurred.

5.5 Credit Dispute – Materially Incorrect Output

Notwithstanding Clause 5.2, a User may submit a complaint to the Company where Output is so materially and fundamentally inconsistent with the User's Input as to bear no reasonable relationship to the intended generation ("Material Output Failure"). To submit a complaint under this Clause, the User must:

• contact the Company at support@talestudio.ai within seven (7) days from the date the system processed the Output of that particular transaction;
• provide the Company with the original Input, the disputed Output, and a written explanation of the nature of the alleged Material Output Failure.

Upon receipt of a complaint, the Company shall evaluate the submission and determine, at its sole discretion, whether a Material Output Failure has occurred. The Company's determination shall be final. In the event that the Company agrees that a system failure genuinely occurred, the Company shall remedy the User by returning Credits in the amount equal to those lost in that particular transaction back to the account, which shall constitute the sole form of remedy that the Company will provide. The returned Credits shall have the following specific conditions:

• they shall be classified as "Compensatory Credits" (Compensatory Credits);
• they shall have a limited validity period of only two (2) months from the date of receipt of compensation, and if not used in full, shall be immediately forfeited with no carry-forward;
• they have no monetary value and may not be exchanged for cash or any other consideration outside the Platform.

The Company's exercise of discretion to refuse Credits in certain cases shall not constitute a breach of this Agreement, and the provisions of this Clause do not create any right on the part of the User to claim cash, a refund of fees, or compensation in any form other than the Compensatory Credits specified by the Company.

6. Watermark

All Output — whether text, images, audio, or any content — generated by free tier Users shall always have the Platform's trademark or watermark displayed on it. The right to download or generate Output without a watermark is reserved exclusively for Users who are on a paid subscription plan with a normal status in the system. Free tier Users agree that they shall not take any action, whether by technical means, image cropping, use of external software, or any other method, to remove, hide, conceal, or truncate the Platform's watermark from Output. Any attempt or commission of any such action shall be deemed a material breach of this Agreement, entitling the Company to suspend system access or immediately terminate that User's account without prior notice.

7. Commercial Use of Output

The right to use Output generated from the Platform for commercial purposes is subject to the following restrictions and conditions:

• Free Tier Users: are granted the right to use Output for personal and non-commercial purposes (Non-Commercial Use) only. Free tier Users are strictly prohibited from using Output generated under a free account for commercial purposes, whether through a single account or multiple accounts held by the same individual or legal entity.
• Paid Tier Users: are granted the permanent right to use Output for commercial purposes, exclusively for Output generated while the User's account has a paid subscriber status.

For the purposes of this Clause, "commercial purposes" means using any Output in a manner that relates to trade, business operation, professional practice, or profit-seeking activities in all forms, including but not limited to use in advertising and public relations, marketing, product design, creating deliverables to be submitted and charged to clients, or the resale (Resale), exchange, or licensing of Output to external parties.

8. Termination of Paid Services

In addition to the termination provisions set out in Clause 14 of Part I, the Company may immediately suspend or terminate the User's access to paid features without prior notice where:

• the User is in breach of any provision of Part II;
• the User has failed to pay fees due and the grace period under Clause 3.5 has expired; or
• the Company discontinues the relevant paid service.

Upon termination of paid services for any reason or by either party, all Credits that remain unused and outstanding in the User's account shall be immediately and irrevocably forfeited, and the User shall have no right to claim compensation or a refund of pre-paid service fees for that billing cycle, unless applicable Thai law expressly provides otherwise.

9. General Provisions

Part II is incorporated into and forms an integral part of the Agreement. All general provisions set out in Clause 16 of Part I shall be binding and equally applicable to Part II. In the event of any inconsistency between Part I and Part II, Part II shall prevail with respect to matters concerning paid services, Credits, subscriptions, fees, and refunds.

10. Contact for Billing Enquiries

For any enquiries relating to subscriptions, Credits, billing, or refunds, please contact the Company at:

The Tale Company Limited
Email: support@talestudio.ai
Address: 75/8 Grand Crystal, Pradit-Manutham Road, Nuanchan, Buengkum, Bangkok 10230