Terms of Service

1. ACCEPTANCE OF TERMS

1.1 Agreement to Terms

By accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference and complies with the Personal Data Protection Act B.E. 2562 (PDPA) of Thailand. If you do not agree to these Terms, you must not access or use the Services.

1.2 Eligibility

You represent and warrant that you are at least 18 years of age or the age of legal majority in your jurisdiction. If you are using the Services on behalf of a legal entity, you represent that you have the authority to bind that entity to these Terms.

2. THE SERVICES

2.1 License Grant

Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Services for your personal or internal business purposes.

2.2 Service Modifications

We reserve the right to modify, suspend, or discontinue any part of the Services at any time, with or without notice. We shall not be liable to you or any third party for any such modification, suspension, or discontinuance.

3. USER ACCOUNTS

3.1 Registration

To access certain features, you must create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information as necessary.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately at contact@talestudio.ai of any unauthorized use or security breach.

4. OWNERSHIP AND INTELLECTUAL PROPERTY

4.1 Company Technology

The Company and its licensors retain all right, title, and interest, including all intellectual property rights, in and to the Services, the underlying technology, and any software, algorithms, or documentation provided by the Company.

4.2 User Content (Input)

You retain all ownership rights in the data, text, or materials you upload or submit to the Services ("Input"). By providing Input, you grant the Company a worldwide, royalty-free, and non-exclusive license to use, host, store, and reproduce such Input solely as necessary to provide and improve the Services.

4.3 AI-Generated Output

Subject to your compliance with these Terms and payment of all applicable fees, the Company hereby assigns to you all its right, title, and interest (if any) in and to the content generated by the AI based on your Input ("Output"). You are responsible for the use of the Output and for ensuring it does not violate any applicable laws or third-party rights.

4.4 Training and Improvement

Notwithstanding Section 4.3, you grant the Company a perpetual, irrevocable, worldwide license to use both Input and Output in an anonymized and aggregated format to train, tune, and improve our machine learning models and Services, in compliance with the PDPA.

5. PROHIBITED CONDUCT AND CONTENT

5.1 Restrictions

You agree not to, and shall not permit any third party to:

• Use the Services to create, upload, or distribute content that is illegal, defamatory, obscene, or violates the Computer Crimes Act B.E. 2550 (2007) and its amendments.
• Generate "Deepfakes" or synthetic media intended to mislead, defraud, or harm the reputation of any individual or the Thai monarchy.
• Reverse engineer, decompile, or attempt to extract the source code or underlying algorithms of the Services.
• Use the Services to develop a competing machine learning model or service.
• Bypass any security measures or usage limits established by the Company.

5.2 Content Monitoring

While the Company has no obligation to monitor User Content, we reserve the right to remove any Input or Output that we determine, in our sole discretion, violates these Terms or applicable law.

6. THIRD-PARTY SERVICES

The Services may integrate with or provide links to third-party platforms (e.g., AI model providers or payment processors). Your use of such third-party services is subject to their respective terms and conditions. The Company is not responsible for the availability or accuracy of such services.

7. SERVICE CREDITS

The Company may offer "Credits" to be used for generating Output. Credits are non-transferable, have no cash value, and expire as specified at the time of purchase or grant. Unless otherwise stated, unused Credits do not roll over to subsequent billing cycles.

8. FEES AND PAYMENT

8.1 Pricing

Fees for the Services are as set forth on the Company's website. We reserve the right to change our pricing at any time, with notice provided to you via the email associated with your account.

8.2 Payment

You authorize the Company (or our third-party payment processor) to charge your chosen payment method for all applicable fees. All fees are quoted in Thai Baht (THB) or US Dollars (USD) as indicated at checkout.

9. CANCELLATION AND REFUNDS

9.1 Cancellation

You may cancel your subscription at any time through your account settings. Cancellation will take effect at the end of the current billing period.

9.2 No Refunds

Except as required by Thai law or specifically stated herein, all fees are non-refundable.

9.3 Administrative Fee

If the Company, in its sole discretion, grants a refund, a 6% administrative and service fee will be deducted from the total refund amount to cover transaction costs.

10. SUBSCRIPTIONS

10.1 Subscription Cycle

Subscriptions are billed on a recurring basis (monthly or annually). Your subscription will automatically renew unless cancelled.

10.2 Credit Allocation

Each subscription tier includes a specific allocation of Credits. These are granted at the start of each billing cycle.

10.3 Unused Credits

Unless otherwise specified in your plan, unused monthly Credits expire at the end of the billing period and do not roll over.

10.4 Failed Payments

If a payment fails, the Company reserves the right to suspend access to premium features until the balance is settled.

10.5 Upgrades and Downgrades

(i) Upgrades: If you upgrade your plan, the change will take effect immediately, and you will be charged a prorated amount for the remainder of the cycle.

(ii) Downgrades: If you downgrade your plan, the change will take effect at the start of the next billing cycle. The Company is not responsible for any loss of content, data, or features resulting from a reduction in storage or service tier.

11. TERMINATION

11.1 Termination by Company

We may terminate or suspend your account and access to the Services immediately, without prior notice or liability, for any reason, including if you breach these Terms or if we are required to do so by law (e.g., under the PDPA or Computer Crimes Act).

11.2 Effect of Termination

Upon termination, your right to use the Services will cease immediately. All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

12. DISCLAIMER OF WARRANTIES

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE OUTPUT WILL BE ACCURATE, RELIABLE, OR FREE FROM ERROR.

13. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY THAI LAW, THE TALE COMPANY LIMITED 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, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

14. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless the Company and its officers, directors, and employees from and against any claims, liabilities, damages, losses, and expenses arising out of or in any way connected with your access to or use of the Services, your Input, or your violation of these Terms.

15. GOVERNING LAW AND DISPUTE RESOLUTION

15.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Kingdom of Thailand.

15.2 Dispute Resolution

Any dispute arising out of or in connection with these Terms shall first be attempted to be settled through good-faith negotiations.

15.3 Arbitration

If negotiations fail, the dispute shall be referred to and finally resolved by arbitration administered by the Thailand Arbitration Center (THAC) or the Thai Arbitration Institute (TAI) in Bangkok, in accordance with their rules in force at the time. The language of the arbitration shall be English or Thai, as agreed by the parties.

16. CLASS ACTION WAIVER

To the extent permitted by law, you agree that any proceedings to resolve a dispute will be conducted solely on an individual basis and not in a class, consolidated, or representative action.

17. GENERAL PROVISIONS

17.1 Entire Agreement

These Terms constitute the entire agreement between you and the Company regarding the Services.

17.2 Severability

If any provision of these Terms is held to be unenforceable or invalid, the remaining provisions will remain in full force and effect.

17.3 Assignment

The Company may assign its rights and obligations under these Terms without your consent. You may not assign your rights without our prior written approval.

17.4 Force Majeure

The Company shall not be liable for any failure to perform resulting from causes outside its reasonable control, including acts of God, war, riot, or network failures.

17.5 Language

The controlling language of these Terms is English. Any translation provided is for convenience only.

17.6 Contact Information

For any questions regarding these Terms, please contact us at:

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