Mondow Terms of Service

Welcome to Mondow. These Terms of Service (the "Terms") govern your access to and use of the Mondow website at mondow.world and related products and services (together, the "Service"). The Service is provided by Mondow Inc., a Delaware corporation ("Mondow," "we," "us," or "our").

Please read these Terms carefully. By creating an account or otherwise using the Service, you agree to be bound by these Terms and by our Privacy Policy, which is part of these Terms. If you do not agree, please do not use the Service.

Mondow is designed for children, and only an adult may agree to these Terms. If you are under 18, you may not create an account or accept these Terms. A parent or legal guardian must set up and control any account, and does so on behalf of themselves and any child they permit to use the Service.

Mondow is currently a free beta version. It is still being developed and tested, so it may have bugs or errors, may be unavailable at times, and may change as we improve it. Please stay involved in and supervise your child's use, and see Section 3 and the disclaimers below.

1. Who may use the Service

To create an account and accept these Terms, you must be at least 18 years old, a resident of the United States, and the parent or legal guardian of any child who will use the Service under your account. During our beta, the Service is offered only in the United States.

The Service is intended for use by children under the supervision of a parent or guardian. A child may use the Service only through an account created and controlled by their parent or legal guardian, and only with that adult's permission.

By allowing a child to use the Service, you represent and warrant that you are the parent or legal guardian of that child, that you have the authority to agree to these Terms on their behalf, and that you consent to their use of the Service and to our collection and use of their information as described in our Privacy Policy.

2. Children's privacy and parental consent

Protecting children is central to how we build Mondow. The Service is intended for children, most of whom are under the age of 13, and we design it to comply with the Children's Online Privacy Protection Act ("COPPA") and other applicable laws. We apply the same protections to every child who uses the Service, whatever their age.

We collect only the limited personal information needed to provide the Service, as described in our Privacy Policy. We obtain your consent before you can add a child to your account; that consent covers every child you add, and we ask for it again whenever these Terms or our Privacy Policy change.

As a parent or guardian, you may review the personal information we have collected about your child, delete it, and refuse to permit any further collection or use of it. You can exercise these rights and learn more by reading our Privacy Policy or by contacting us at support@mondow.world.

Our Privacy Policy explains what we collect, how we use it, who we share it with, and the choices you have. Please read it carefully, as it forms part of these Terms.

3. The Service

Mondow is a creative platform where a child invents characters, stories, and worlds together with an artificial intelligence creative partner, by typing or by speaking, and keeps what they make as illustrated storybooks. Everything a child creates gathers into a persistent "Worldbook" that the Service maintains for them.

Mondow is a creative tool, not an open-ended chat companion. The artificial intelligence is designed to stay inside a bounded creative experience.

The Service is under active development. We may add, change, suspend, or remove features at any time, and we may set limits on certain features or restrict access to parts or all of the Service, without notice or liability.

Beta version. The Service is currently offered as a free beta, or early, version. It is still being developed and tested, which means it may contain bugs, errors, or inaccuracies, may be interrupted or unavailable at times, and may not always work as intended, including the stories and illustrations it generates. Features may change or be removed as we learn from how families use it. Because it is an early version, a parent or guardian should stay involved in and supervise their child's use, and should not rely on the Service to always be available, complete, or error-free. You use a beta version at your own discretion and risk, as further described in the disclaimers below.

4. Your account

You are responsible for the information you provide, for keeping your login credentials and your kid-mode PIN secure, and for all activity that occurs under your account, including your child's use of the Service. You agree to provide accurate and complete information and to keep it up to date.

Please tell us promptly at support@mondow.world if you believe your account has been accessed without your permission. We are not responsible for losses caused by unauthorized use of your account that results from your failure to keep your credentials secure.

5. Your representations

By using the Service, you represent and agree that all information you provide is true, accurate, and current, and that you will keep it up to date. You represent that you have the legal capacity to agree to these Terms and that you are at least 18 years old. You agree that you will not access the Service through automated or non-human means except through features we provide, that you will not use the Service for any illegal or unauthorized purpose, and that your use of the Service will comply with these Terms and all applicable laws.

6. Fees and future paid features

The Service is currently free. We do not charge subscription fees, and we do not currently process payments.

We may introduce paid features in the future, such as a paid subscription tier. If we do, we will show you the features and price of each paid offering before you buy, we will not charge you anything without your affirmative agreement, and the following will apply to any purchase you choose to make:

Billing and renewal. Paid subscriptions would be billed in advance on a recurring basis, monthly or annually depending on the plan you choose, and would renew automatically at the end of each billing cycle at the then-current price unless you cancel before the renewal date. By starting a paid subscription, you would authorize us and our payment processor to charge your payment method each cycle.

Cancellation. You would be able to cancel at any time through your account or by contacting us at support@mondow.world. Cancellation would take effect at the end of the current billing cycle, and you would keep access to paid features until then.

Price changes. If we change a subscription price, we will give you advance notice, and the change will take effect at your next billing cycle after the notice. If you do not agree to a price change, you may cancel before it takes effect.

Payment processing and taxes. Payments would be handled by a third-party payment processor, subject to its own terms. You would be responsible for any applicable taxes unless we are required to collect them.

Free tier and trials. We may offer a free tier or free trials, and we may change or discontinue any free offering at any time.

7. Printed books and other physical products

We do not currently sell printed books or other physical products. If we offer them in the future, the price, shipping cost, and estimated delivery time will be shown before you complete an order, and the refund terms in Section 8 will apply. Delivery times would be estimates and would not be guaranteed. Because printed books would be made to order from your child's own creations, they would be custom products.

8. Refunds and returns

If and when we offer paid features, the following will apply, except where the law requires otherwise:

Subscriptions. Subscription fees would be non-refundable, and we would not provide refunds or credits for partial billing periods. When you cancel, you would keep access until the end of the period you have paid for.

Printed books. If a printed book arrived damaged or defective, or if there were an error in your order that was our fault, you could contact us at support@mondow.world within 14 days of delivery, and we would replace or refund it. Because printed books would be custom made from your child's creations, we would otherwise be unable to accept returns.

Your consumer rights. Nothing in these Terms limits any refund or cancellation right you have under the laws that apply to you.

9. Artificial intelligence and generated content

The Service uses artificial intelligence, provided by third-party providers such as Google, to help create stories, characters, and illustrations. You understand and agree that:

• Content generated by artificial intelligence may be unexpected, may contain errors, and may not always match what you or your child intended.
• We design the Service to keep the experience age-appropriate and inside a bounded creative frame, and we apply content filtering and other safeguards, as described in our Privacy Policy. Even so, we cannot guarantee that generated content will always be accurate, appropriate, or free from error, and our filters do not detect personal details a child may type.
• Because of this, a parent or guardian should stay involved in and supervise their child's use of the Service.
• If your child uses the voice feature, speech recognition may mis-hear or mis-transcribe what they say.
• Generated content is provided for personal, family, and entertainment use. It is not professional, educational, medical, or other expert advice.

10. Content and ownership

To make clear who owns what, this section separates the material you and your child provide from the material the Service creates and provides.

What is yours. "Your Content" means the original creative expression that you or your child directly author and provide, such as the words your child writes, the names and descriptions of the characters they invent, and the story ideas and choices they contribute. As between you and Mondow, you and your child keep ownership of Your Content. We do not claim to own your child's original stories or characters.

The license you grant to us. So that we can operate and provide the Service, you grant Mondow a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, adapt, translate, modify, create derivative works from, and publicly display Your Content, in order to operate, provide, maintain, secure, and improve the Service and to deliver features you request, such as generating illustrations and stories and maintaining the Worldbook. This includes sending Your Content to the third-party artificial intelligence providers we use to generate stories and illustrations, as described in our Privacy Policy. This license lasts while Your Content is stored in the Service and ends within a reasonable time after you delete Your Content or your account, except for backup copies kept for a limited period and for de-identified or aggregated information as described below. We handle any use of a child's personal information as described in our Privacy Policy.

What is ours. Everything the Service creates or provides is owned by Mondow or its licensors. This includes the illustrations, artwork, and other visual output the Service generates, the finished illustrated stories and books it produces, and the structure, organization, and compiled form of the Worldbook (together, "Mondow Content"). The Service itself, including our software and the Mondow name and marks, is also ours, as described in Section 12. Except for the limited license below, we reserve all rights in Mondow Content.

Your right to use what the Service makes. We grant you and your child a personal, non-exclusive, non-transferable, non-sublicensable, and revocable license to access, view, and enjoy the illustrated stories, books, and other output the Service creates for you, and to download or print them where we make that available, for your own personal, family, and non-commercial use. You may not sell, license, publish, or otherwise commercially exploit Mondow Content, and you may not use the Service or Mondow Content to build, train, or improve any competing product or service.

No obligation to export. We are not required to provide Your Content or Mondow Content in any portable or reusable format, or in a form suitable for use in another product or service, except where the law requires it or where we choose to offer it.

De-identified and aggregated data. We may create and use de-identified or aggregated information derived from use of the Service to operate, analyze, and improve it, consistent with our Privacy Policy and with COPPA. We will not use a child's personal information except as described in our Privacy Policy.

Feedback. If you send us ideas, suggestions, or feedback about the Service, including through the feedback button in the Service, you grant us a perpetual, irrevocable, royalty-free license to use them, with no obligation to you.

Featured creations. With your approval, a finished story or a character your child made can be featured on our website, as described in our Privacy Policy. Nothing is featured unless you approve that specific creation, and we may decline to feature any creation. When you approve one, you grant Mondow a non-exclusive, royalty-free, worldwide license to display that creation publicly on our website, together with the byline described in our Privacy Policy (your child's first name or a pen name you choose, and their age), and, for a featured character, to let other families' children add their own copy of that character to their stories. You can withdraw your approval at any time, as described in our Privacy Policy, and we will remove the creation from our website within 7 days. Withdrawing stops any new copies of a featured character being made; copies other children added before then remain in their stories, and this license continues for those copies.

11. Acceptable use

You agree not to, and not to allow anyone using your account to:

• Use the Service in any way that is unlawful or harmful, or that violates these Terms.
• Attempt to bypass, disable, or interfere with any safety, security, or filtering feature of the Service, including kid mode and the kid-mode PIN.
• Try to prompt or manipulate the artificial intelligence into producing content that is harmful, hateful, sexual, violent, or otherwise inappropriate, especially for a child.
• Upload or create content that infringes the rights of others, or that is illegal, harmful, or offensive.
• Copy, scrape, reverse engineer, decompile, or attempt to extract the source code or underlying technology of the Service, except to the limited extent this restriction is not permitted by law.
• Resell, rent, or commercially exploit the Service or its content without our written permission.
• Use the Service to build or train a competing product or service.
• Interfere with or disrupt the Service, its servers, or its networks, or attempt to gain unauthorized access to any part of it.

We may investigate and take appropriate action, including suspending or terminating access, if we believe these rules have been broken.

12. Our intellectual property

The Service, including our software, design, text, graphics, logos, and the Mondow name and marks, is owned by Mondow or its licensors and is protected by intellectual property laws. The artificial intelligence models used by the Service are provided by third parties under license to us. Except for the rights we expressly grant you in these Terms, we reserve all rights in the Service.

We grant you a limited, personal, non-exclusive, non-transferable, and revocable license to access and use the Service for you and your child's personal, non-commercial use, subject to these Terms.

13. Copyright complaints

We respect the intellectual property rights of others. If you believe that content available through the Service infringes a copyright you own or control, please send a written notice to us at support@mondow.world that includes the following: a description of the copyrighted work you believe has been infringed, a description of where the material you believe is infringing is located within the Service, your name and contact information, a statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law, and a statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or are authorized to act on the owner's behalf.

We may remove material that we believe in good faith infringes the rights of others, and we may disable or terminate the accounts of people who infringe repeatedly.

14. Third-party services

The Service relies on services provided by third parties, including authentication, hosting, database, analytics, and artificial intelligence providers, which are identified in our Privacy Policy. We are not responsible for third-party services, and your use of them may be subject to their own terms and privacy policies.

15. Mobile applications and app stores

If you download a Mondow application from a third-party app store, such as the Apple App Store or Google Play (each an "App Store"), your use of that application will also be subject to the App Store's terms, and the following will apply. The license we grant you to use the application will be limited to use on a device that you own or control and subject to the App Store's usage rules. The App Store will have no obligation to provide maintenance or support for the application. The App Store will not be responsible for the application, its content, or any claims relating to it, including claims that the application does not conform to a legal or regulatory requirement, and any product warranty claims will be our responsibility to the extent required by law. Any purchase made through an App Store, including renewals, cancellations, and refunds, will be managed through your App Store account and governed by the App Store's terms. The relevant App Store and its affiliates will be third-party beneficiaries of these Terms as they relate to your use of the application, and may enforce these Terms against you.

16. Termination

You may stop using the Service at any time. You can delete a child's profile, and everything your child has created, from your account settings. To delete your entire account, contact us at support@mondow.world and we will do so within 30 days, as described in our Privacy Policy.

We may suspend or terminate your access to the Service, in whole or in part, at any time if you violate these Terms, if the law requires it, or if we reasonably believe it is necessary to protect the Service, other users, or children. Where it is practical and appropriate, we will give you notice.

When these Terms end, your right to use the Service stops. The sections that by their nature should survive termination, including ownership, the licenses you have granted, disclaimers, limitations of liability, indemnification, and the sections on governing law and disputes, will continue to apply.

17. Disclaimers

The Service is provided on an "as is" and "as available" basis. To the fullest extent permitted by law, Mondow disclaims all warranties of any kind, whether express or implied, including the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

We do not warrant that the Service will be uninterrupted, secure, or error-free, that content generated by the Service will be accurate or appropriate, or that the Service will meet your expectations. You use the Service at your own discretion and risk, and a parent or guardian is responsible for supervising a child's use.

Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you.

18. Limitation of liability

To the fullest extent permitted by law, Mondow and its officers, directors, employees, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, data, goodwill, or other intangible losses, that arise out of or relate to your use of, or inability to use, the Service.

To the fullest extent permitted by law, the total liability of Mondow for all claims arising out of or relating to these Terms or the Service will not exceed the greater of the amount you paid to Mondow in the twelve months before the event that gave rise to the claim, or one hundred United States dollars.

Some jurisdictions do not allow certain limitations of liability, so some of these limitations may not apply to you.

19. Indemnification

You agree to indemnify and hold harmless Mondow and its officers, directors, employees, and agents from any claims, damages, losses, and expenses, including reasonable legal fees, that arise out of or relate to your or your child's use of the Service, your violation of these Terms, or your violation of the rights of any third party.

20. Changes to these Terms

We may update these Terms from time to time. Whenever we change them, you will be asked to review and accept the new version the next time you use the Service. If we make material changes, we will also let you know by a reasonable means, such as by contacting you. The "Last updated" date at the top shows when the Terms were last changed.

If you do not agree to updated Terms, please stop using the Service and contact us to delete your account.

21. Governing law and disputes

These Terms are governed by the laws of the State of California, without regard to its conflict of laws rules, except where the consumer protection laws of the place you live require otherwise.

Please contact us first. If you have a concern or a dispute, please contact us at support@mondow.world before taking any other step. We will try in good faith to resolve it with you.

If we cannot resolve a dispute informally, the state and federal courts located in the State of California will have exclusive jurisdiction over it, and you and Mondow consent to the personal jurisdiction of those courts, except where the laws that apply to you provide otherwise.

22. General

Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and Mondow about the Service, and they replace any earlier agreements.

Severability. If any part of these Terms is found to be unenforceable, the rest will remain in effect.

No waiver. If we do not enforce a part of these Terms, that is not a waiver of our right to do so later.

Assignment. You may not transfer your rights or obligations under these Terms without our consent. We may transfer ours, for example in connection with a merger, acquisition, or sale of assets, subject to the notice commitments in our Privacy Policy.

Force majeure. We are not responsible for any delay or failure caused by events beyond our reasonable control.

Electronic communications. By using the Service, you consent to receive communications from us electronically, such as by email or by notices posted within the Service. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing. If we email you updates about Mondow, you will be able to stop them at any time using the unsubscribe link in any such email.

Corrections. The Service may contain errors or inaccuracies, for example in descriptions or availability. We may correct any errors or inaccuracies and update the Service at any time, without prior notice.

For California users. Under California Civil Code Section 1789.3, California users are entitled to the following notice. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at 1-800-952-5210.

Notices. We may give you notices through the Service or by using the contact information associated with your account.

23. Contact us

If you have questions about these Terms, please contact us:

Mondow Inc.
support@mondow.world