Terms of Service
Last updated: July 1, 2026
Welcome to Inky ("Inky," "we," "us," or "our"), an AI-powered story generation service operated by Total Ventures LLC. By accessing or using the Inky mobile app, website, or related services (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use the Service.
1. Acceptance of Terms
By creating an account, downloading the app, or using any part of the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are using the Service on behalf of a minor, you represent that you are the parent or legal guardian and that you accept these Terms on behalf of yourself and the child.
2. Description of Service
Inky provides an AI-powered story generation platform designed for children and families. The Service allows users to:
- Create personalized, AI-generated storybooks with illustrations
- Choose story length (Short: 10 pages, Standard: 20 pages, Epic: 30 pages)
- Manage reader profiles with age-appropriate settings
- Read, download, and share stories
- Explore and discover community stories
- Purchase credits to generate new stories
We use artificial intelligence (including Google Gemini) to generate story text and images. Story generation consumes credits. We reserve the right to modify, suspend, or discontinue any part of the Service at any time.
3. Eligibility
The Inky Service is directed to children and is intended to be used by a child under the supervision of a parent or legal guardian. The account holder must be an adult (18 years of age or older) who registers and controls the account on behalf of the child. The account holder provides verifiable parental consent before any personal information is collected from a child, as described in Section 16.5. We do not rely on a self-attested "13 or older" account as the gate for a child's use of the Service; instead, we run a full COPPA program (Section 16.5). By using the Service, you represent that you are at least 18 and are the parent or legal guardian accepting these Terms on behalf of yourself and the child.
4. Account Registration and Security
To access certain features, you must create an account using email or Sign in with Apple. You agree to provide accurate, current, and complete information and to keep your account credentials secure. You are responsible for all activities that occur under your account. Notify us immediately at support@inkyverse.io of any unauthorized use.
5. Credits and Purchases
Story generation requires credits. Credits are consumed as follows: Short stories (10 pages) = 1 credit; Standard stories (20 pages) = 2 credits; Epic stories (30 pages) = 3 credits. New users receive starter credits upon signup. Additional credits may be purchased through in-app purchases (Apple App Store or web).
All purchases are final. Credits are non-refundable except as required by law or as stated in our Refund Policy. Unused credits do not expire. Prices are subject to change. By completing a purchase, you agree to the applicable payment terms.
6. User Content and Conduct
You may create stories, profiles, and other content ("User Content"). You retain ownership of your User Content but grant us a worldwide, non-exclusive, royalty-free license to host, store, display, and process your content solely as necessary to operate, secure, and provide the Service to you. This operating license does not grant any artificial-intelligence training or Service-Improvement right; any use of data to improve or train AI is governed exclusively by Sections 16.3(b) and 16.5(5) (opt-in and off by default) and never by this blanket license.
You agree not to use the Service to create content that is illegal, harmful, threatening, abusive, defamatory, or otherwise objectionable. We may remove content that violates these Terms or our community guidelines. We reserve the right to suspend or terminate accounts that repeatedly violate our policies.
6.1 Content Policy — Prohibited Content
Inky is an all-ages storytelling product. You may not create, request, upload, or attempt to generate content that: is sexual or pornographic; sexually exploits or sexualizes a minor in any form, whether real or fictional; is graphically violent or gratuitously gory; provides instructions or encouragement for self-harm, weapons, or other serious illegal activity; is hateful or harassing toward a protected group; or that sexualizes or defames a real, identifiable person. Creative themes that are dark but age-appropriate — peril, villains, grief, illness, and hardship — are welcome.
We use automated systems to enforce this policy before content is generated. Prohibited requests are refused and logged. Repeated violations lead to permanent closure of your account. Any attempt to sexualize a minor results in immediate account closure, preservation of associated records, and, where required by law, reporting to the National Center for Missing & Exploited Children (NCMEC) and/or law enforcement. If your account is closed and you believe it was a mistake, you may contact us at support@inkyverse.io; certain closures required by law are not subject to appeal.
7. Intellectual Property and Your License to Stories
This Section governs your license to use the stories you create. It does not change the ownership allocation in Section 16.2; it states, as a matter of contract and regardless of the copyright status of Generated Content or who may hold it, the scope of the use we permit. Subject to these Terms, we grant you a limited, personal, revocable, non-exclusive, non-transferable, and non-sublicensable license to use, read, download, print for your own use, and share the stories you create for personal, non-commercial purposes. You may keep stories private, share them via link, or publish them to the Inky Community.
Commercial use is reserved. Except where we expressly authorize it in writing, you may not sell, license, sublicense, or offer for sale any story or other Generated Content, or any product or derivative based on it, and you may not reproduce or distribute it for any commercial purpose. We may make commercial or distribution options available through the Service from time to time; any such use is governed by the separate terms we provide for it. All rights not expressly granted to you are reserved.
Other restrictions. You also may not: (a) represent that Inky or Total Ventures LLC endorses you or your use of Generated Content; (b) use the Service or any Generated Content to develop, train, evaluate, or improve any competing product, model, dataset, or service; (c) scrape, bulk-export, frame, reverse engineer, or use any automated means to access the Service or extract its content; or (d) remove, obscure, or alter any Inky provenance line, watermark, QR code, or attribution carried by a story or its export.
Our trademarks, logos, and names, and the design, software, prompts, models, and systems behind the Service, are owned by Total Ventures LLC and its licensors. You may not use them without our prior written consent.
8. Privacy
Your privacy is important to us. Our collection and use of personal information is described in our Privacy Policy. By using the Service, you consent to such collection and use. We comply with the Children's Online Privacy Protection Act (COPPA) where applicable.
9. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. AI-GENERATED CONTENT MAY CONTAIN INACCURACIES OR UNEXPECTED ELEMENTS.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, TOTAL VENTURES LLC AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
11. Indemnification
You agree to indemnify and hold harmless Total Ventures LLC, its affiliates, and their respective officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from your use of the Service, your User Content, or your violation of these Terms.
12. Modifications
We may modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website or through the app. Your continued use of the Service after such notice constitutes acceptance of the revised Terms. If you do not agree, you must stop using the Service. However, material changes to Section 16 (Data Rights, De-Identification & AI Improvement) are not effected by passive "continued use": Section 16.15 governs those changes and requires your affirmative opt-in (for child-linked accounts, parental opt-in via the verifiable-consent method) before any new or expanded data use takes effect.
13. Termination
We may suspend or terminate your account and access to the Service at any time for any reason, including violation of these Terms. You may delete your account at any time through the app (Settings → Account → Delete Account). Upon termination, your right to use the Service ceases immediately. Provisions that by their nature should survive (including Intellectual Property, Disclaimers, Limitation of Liability, and Indemnification) shall survive termination.
14. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of Wyoming, United States, without regard to conflict of law principles, consistent with our state of organization. Any dispute arising from these Terms or the Service may be brought in the state or federal courts located in Wyoming, and you consent to the personal jurisdiction of such courts. This forum is non-exclusive and does not waive, limit, or deprive you of any non-waivable consumer-protection or data-privacy right, or any home forum, available to you under the law of your state or country of residence, as further provided in Section 16.12.
15. General
These Terms constitute the entire agreement between you and Total Ventures LLC regarding the Service. If any provision is found unenforceable, the remaining provisions shall remain in effect. Our failure to enforce any right shall not constitute a waiver. These Terms are written in English; any translation is provided for convenience only, and if there is any conflict, the English version controls. You may not assign these Terms; we may assign them, except that any assignment involving your Personal Information or De-Identified Data is subject to the conditions in Section 16.12(3) (transfer only as part of a sale of all or substantially all of the business, to a successor bound to protections at least as protective, with the children's-data, fresh-consent, and prior-notice safeguards stated there).
16. Data Rights, De-Identification & AI Improvement
This Section governs the subjects it addresses — your content, de-identification, AI improvement, children's and teens' data, your data rights, retention, security, AI transparency, and transfer of the business. If this Section conflicts with another provision of the Terms or with the Privacy Policy, the provision more protective of you (and, for a Child or other Minor, more protective of the Minor) controls. Defined terms have the meanings in Section 16.1.
16.1 Definitions
For purposes of this Section, the following capitalized terms apply and supplement any definitions in the main Terms:
- "Company" means Total Ventures LLC, a Wyoming limited liability company, mailing address 30 N Gould St Ste R, Sheridan, WY 82801, operator of the Inky service (the "Service").
- "Account Holder" means the adult (18 or older) who registers and controls an account. For any account used by or on behalf of a Minor, the Account Holder is the parent or legal guardian who has provided the consent required by Section 16.5.
- "Child" means a natural person under 13, or under the higher age of digital consent applicable in the user's jurisdiction where a higher age applies by law (for example, up to 16 under Article 8 of the EU GDPR as implemented in the relevant Member State; 13 under the UK GDPR).
- "Minor" means any natural person under 18.
- "User Content" means the inputs you provide to the Service — text prompts, character descriptions, story parameters, uploaded images or photographs, audio, and selections — and the story outputs generated for you (text, illustrations, narration, and compiled books).
- "Uploaded Likeness Media" means any photograph, image, audio recording, voice sample, or other media that depicts, records, or identifies an identifiable natural person (including any Child or other Minor) that is uploaded to the Service; any biometric identifier or biometric-derived data (including a faceprint, facial template, voiceprint, or other template used or capable of being used for automated or semi-automated recognition); and any Likeness-Derived Output.
- "Likeness-Derived Output" means any avatar, illustration, image, or audio output generated from Uploaded Likeness Media that preserves a recognizable likeness of an identifiable natural person. A Likeness-Derived Output is treated as Uploaded Likeness Media for all purposes of this Section. (Avatars chosen from in-app selections, emojis, or generic art depicting no identifiable real person are not Uploaded Likeness Media.)
- "Generation Data" means the technical and behavioral data produced when the Service generates content: prompts and parameters, intermediate representations (for example, scene/structure descriptors and "bible"/style references), generated images and text, accessibility metadata (for example, alt-text), narration or voice-configuration data, and your interaction signals (for example, accept, reject, regenerate, edit, and rating events).
- "Observed Data" means the subset of Generation Data consisting of raw interaction signals tied to your account (for example, your individual accept/reject/regenerate/rating events and reading activity), as distinct from inferences, profiles, or synthesized artifacts Company derives.
- "Child-Originated Content" means any User Content or free-text Generation Data — including a Child's prompts, character descriptions, voice/narration data, and the resulting story text — that originates from, or was created for, a Child reader profile.
- "Personal Information" means information that identifies, relates to, describes, or could reasonably be linked, directly or indirectly, with a particular natural person or household, as defined under applicable law (including the CCPA/CPRA and the GDPR/UK GDPR), and includes biometric identifiers and government-issued identifiers where collected.
- "De-Identified Data" means data derived from Generation Data and processed so that it cannot reasonably be used to identify, relate to, describe, be associated with, or be linked, directly or indirectly, to a particular natural person or household, consistent with Section 16.4, and from which all direct and indirect identifiers, all Uploaded Likeness Media, all voice/audio-derived data, and all Child-Originated Content have been removed or excluded. The default and presumptively-permitted form of De-Identified Data is aggregated or statistical output.
- "Anonymised Data" means data irreversibly altered so the data subject is no longer identifiable by any party, including Company, by any means reasonably likely to be used — meeting the Recital 26 GDPR standard — with the source User Content and any re-identification keys destroyed. Anonymised Data is the only De-Identified-tier data that may be derived from, or retained with respect to, an EEA/UK user, and only as provided in Section 16.11.
- "Derived Materials" means the models, model weights, embeddings, evaluation sets, benchmarks, aggregated statistics, training corpora, software, and compilations Company creates or trains using De-Identified Data.
- "Service Improvement" means developing, training, fine-tuning, evaluating, benchmarking, debugging, securing, and improving the quality and safety of the Service and Company's current and future products, excluding any use of Uploaded Likeness Media, any voice/audio-derived data, or any Child-Originated Content.
- "Change of Control" means a merger, acquisition, reorganization, financing, bankruptcy or insolvency proceeding, or sale of all or substantially all of Company's assets in which a third party assumes control of all or part of the business.
16.2 Ownership of your content
As between you and Company, you retain all ownership rights you have in your User Content. Nothing in this Section transfers ownership of your User Content, your characters, or your story-worlds to Company. The licenses in Section 16.3 are limited to their stated purposes and do not make your User Content available to other users except where the Account Holder affirmatively chooses to publish or share it under Section 16.6(4).
16.3 Licenses; Company's interest in De-Identified Data and Derived Materials
(a) Operating license (revocable; ends on deletion). You grant Company a worldwide, non-exclusive, royalty-free, fully paid-up, and sublicensable (solely to service providers acting on Company's behalf under written confidentiality and data-protection obligations) license to host, store, reproduce, process, display, and create derivative representations of your User Content solely as necessary to operate, secure, and provide the Service to you — for example, to generate, render, store, and let you print and share your stories. This operating license is revocable: it ends with respect to identifiable User Content when you delete that content or your account, subject only to the limited retention permitted by Section 16.8. This operating license does not authorize, and is separate from, any AI-improvement or training use, which is governed solely by Sections 16.3(b) and 16.5(5).
(b) AI Improvement — optional, consent-gated, scoped to the de-identified derivative only. (This is the only provision under which any of your data may be used to improve or train AI. It is OFF by default.) Subject to the exclusions and protections in Sections 16.5 and 16.6, and only where the Account Holder has affirmatively enabled Service Improvement under Section 16.5(5) (which is off by default and obtained as a step separate from accepting these Terms), you grant Company the right to create De-Identified Data from Generation Data — excluding Uploaded Likeness Media, all voice/audio-derived data, and all Child-Originated Content — and to use that De-Identified Data for Service Improvement. The right to create De-Identified Data is revocable and ends on deletion or opt-out as to any Generation Data not yet de-identified. The perpetual and irrevocable component of this grant attaches only to data already de-identified to the Section 16.4 standard before it enters any training corpus — that is, to the De-Identified derivative, which is no longer your or your child's Personal Information — and never to your underlying User Content or to any identifiable Generation Data, which remain subject to your deletion rights. The Account Holder's enabling of Service Improvement is supported by consideration including the starter credits and continued provision of the Service.
(c) Company's interest in the resulting asset — trade secret + artifact ownership + exclusivity, not a copyright assignment. Because facts and identifier-stripped data are not subject to copyright (Feist Publications v. Rural Telephone Service Co., 499 U.S. 340 (1991)), Company does not claim, and you do not assign, copyright in De-Identified Data as such. Instead:
- Trade secret / confidential information. The De-Identified Data, training corpora, model weights, embeddings, evaluation sets, and other Derived Materials are Company's confidential information and trade secrets, maintained under reasonable measures to preserve secrecy (access controls, confidentiality obligations, and marking).
- Ownership of artifacts. As between you and Company, Company owns all right, title, and interest in the models, software, compilations, aggregated statistics, and other Derived Materials it creates. This ownership is in the artifacts and compilations Company authors; it is not a claim of ownership over any underlying fact, and not a claim of ownership over your User Content, which remains yours under Section 16.2.
- Exclusivity covenant. With respect to De-Identified Data lawfully created under this Section, you covenant not to assert any right in that De-Identified Data and you grant Company an exclusive, perpetual, irrevocable right to use it.
- Residual assignment (belt-and-suspenders). To the extent any proprietary right nonetheless subsists in De-Identified Data and is capable of assignment, you assign it to Company — but the parties acknowledge this residual assignment is not the load-bearing basis for Company's interest, which rests on items (1)–(3).
(d) No override of your legal rights. Nothing in this Section 16.3 limits your statutory right to delete your data or your child's data, to withdraw consent, or any other non-waivable right, or limits Company's obligation to delete or destroy any model, dataset, or other material when required by law or by order of a court or regulator (including any algorithmic-disgorgement order).
16.4 De-Identification standard (and Company's public commitment)
Before any Generation Data is used for Service Improvement, Company processes it so that it qualifies as De-Identified Data. Company:
- Removes or excludes all direct identifiers (for example, names, email addresses, account or device identifiers, precise location), all Uploaded Likeness Media, all voice/audio-derived data, and all Child-Originated Content;
- Removes or generalizes indirect identifiers that could reasonably permit re-identification, alone or in combination, and mechanically scrubs and re-checks any free text before any free-text-derived signal may be used (raw prompts and raw story text are never used in identifiable form);
- Applies a de-identification methodology consistent with NIST Special Publication 800-188 and the definition of "deidentified" information in California Civil Code § 1798.140(m), treating aggregated and statistical outputs as the default and presumptively-permitted form, and using record-level de-identified data only where a documented re-identification-risk assessment (under a motivated-intruder model) confirms the residual risk of re-identification is very small;
- Implements reasonable technical and organizational measures to prevent re-identification; and
- Satisfies, and publicly commits to, the three-part standard recognized by the FTC and codified at California Civil Code § 1798.140(m): (a) Company takes reasonable measures to ensure the data cannot reasonably be linked to any consumer or household; (b) Company publicly commits to maintain and use the data only in de-identified form and will not attempt to re-identify it, except solely to test that the de-identification is effective (then re-suppress); and (c) Company contractually obligates every recipient of De-Identified Data — including any service provider and any successor or acquirer under Section 16.12(3) — to comply with all of these obligations.
Company does not describe De-Identified Data as "anonymous," "untraceable," or "industry-standard," and does not represent that any de-identification is incapable of being defeated. Company represents only that De-Identified Data is not reasonably linkable to you or your child. (The stricter "Anonymised Data" standard governs EEA/UK users under Section 16.11.)
16.5 Children's data — COPPA and the 2025 Rule
This Section 16.5 controls over any conflicting provision for any account used by or on behalf of a Child. The Service is directed to children; Company runs a full COPPA program and does not rely on any "account holder must be 13+" framing to avoid it.
- Verifiable parental consent before collection. At the point an Account Holder creates the first Child reader profile (not merely at adult account signup), Company presents a COPPA direct notice — identifying the information collected, how it is used, that it is not disclosed to third parties for their own purposes, the named service providers in Section 16.6 / the Privacy Policy, and the parent's rights — and obtains verifiable parental consent before collecting a Child's Personal Information. Company's primary method is "email-plus" under 16 C.F.R. § 312.5(b)(2): the Account Holder gives affirmative consent and completes a confirmatory second step sent to the Account Holder's email and requiring the Account Holder to act. Where consent is captured in connection with an online-payment transaction (for example, a credit purchase processed by Apple or RevenueCat), Company may rely on the payment-card method under § 312.5(b)(2). "Email-plus" is available because Company does not disclose a Child's Personal Information to third parties for any non-integral purpose. Company records, for each consent, the Account Holder's identity, the timestamp, the method, the document version, and completion of the second step.
- No AI training on a Child's data — ever, and absolutely. No Uploaded Likeness Media and no Child-Originated Content (including a Child's prompts, character descriptions, story text, and voice/narration data) is ever included in De-Identified Data, a training corpus, or any Derived Materials, and none is ever used to train, fine-tune, evaluate, or develop any model, for Company or any third party, and none is ever used for any cross-customer or general Service Improvement. A Child's photo, voice, and stories are used solely to generate that Account Holder's own stories, and are retained and deleted under Section 16.8. Because the FTC's 2025 COPPA Rule treats using a child's Personal Information "to train or otherwise develop artificial intelligence technologies" as a disclosure that is not integral to the Service and requires separate verifiable parental consent, Company avoids that trigger entirely by keeping all Child data out of the training path and will not seek to reabsorb Child data into training under any generalized "Service Improvement" language. This exclusion cannot be overridden by any account setting.
- No sale, no targeted advertising, no profiling. Company does not sell or "share" (as defined under the CCPA/CPRA) a Child's Personal Information, does not use it for targeted or behavioral advertising, and does not use it to build advertising or commercial profiles.
- Parental rights and controls. The Account Holder may review the Child's Personal Information, direct Company to delete it, refuse further collection, and control whether any of the Child's content is published or shared, in-app via Settings → Privacy or by emailing legal@inkyverse.io. Any publication or sharing of a Child's content requires the Account Holder's affirmative action; a Child profile cannot itself make content public.
- Service Improvement is off by default and parent-controlled. Service Improvement using a non-Child user's De-Identified Data is disabled by default and applies only if the Account Holder affirmatively enables it through a distinct, clearly-labeled, separately-clicked choice, not part of accepting these Terms; the Account Holder may disable it at any time. For Child-Originated Content this control is irrelevant — such content is categorically excluded from Service Improvement under Section 16.5(2) regardless of any setting.
- No engagement exploitation. Company will not use Service Improvement to develop features that exploit the developmental vulnerabilities of Minors or that are designed to maximize compulsive engagement.
16.6 Prohibited uses (what Company will never do)
Notwithstanding any other provision, Company will not:
- Sell, rent, or license your Personal Information to any third party for that third party's own purposes;
- Use your Uploaded Likeness Media, any Likeness-Derived Output, any voice/audio-derived data, any Child-Originated Content, or any identifiable User Content to train, fine-tune, evaluate, or develop AI models for the benefit of other users or third parties (only De-Identified Data — which excludes all of the foregoing — may be used for Service Improvement, and only where enabled under Section 16.5(5));
- Create or use any server-side voiceprint, or use voice or audio for any cross-customer Service Improvement or de-identification. Voice input is processed on your device (Apple Speech) and is not stored or transmitted by Company; only transcribed text you submit becomes User Content. Voice/audio-derived data is categorically excluded from De-Identified Data and training (Company treats voice as too sensitive and too re-identifiable to de-identify);
- Make your private User Content available to other users except content the Account Holder affirmatively publishes or shares;
- Use your data for third-party advertising or behavioral profiling, or place third-party advertising trackers in the Service; or
- Re-identify De-Identified Data or attempt to associate it with you or any individual, except solely to validate de-identification under Section 16.4.
16.7 Teen (Minor) protections — single under-18 floor
In addition to the Child protections in Section 16.5, for any user Company has actual knowledge is a Minor (under 18), Company will not: (a) sell or "share" their Personal Information; (b) serve targeted or cross-context behavioral advertising; (c) process their Personal Information for profiling that produces legal or similarly significant effects; or (d) use their Personal Information for any cross-customer Service Improvement beyond aggregate De-Identified Data, and never where the user is a Child. Consistent with the CCPA/CPRA and the minors'-privacy laws of Connecticut, Colorado, Oregon, and other states, Company does not sell or "share" the Personal Information of any user it has actual knowledge is under 16, requires opt-in before any processing of a known Minor's data for targeted advertising or covered profiling, and treats such information as sensitive personal information used only for the limited, permitted purposes of operating the Service. Child and Minor profiles default to the most protective privacy settings.
16.8 Retention and security (written policy; no indefinite retention)
Company maintains a written data-retention policy, published in the Privacy Policy, and does not retain children's Personal Information indefinitely. For each category it states the purpose of collection, the business need for retention, and the deletion timeframe:
| Category | Purpose of collection | Business need for retention | Deletion timeframe |
|---|---|---|---|
| Uploaded Likeness Media (a Child's or any person's photo/voice and any Likeness-Derived Output) | Generate the Account Holder's own story | Single generation session only | Deleted or irreversibly disassociated within 7 days of fulfilling the generation purpose; not persisted beyond the generation session as a target |
| Identifiable User Content (stories, prompts, profile content) | Provide the Service to you | Active account use | Deleted within 30 days of account or content deletion |
| Child Personal Information (profile, birthdate, reading data) | Personalize age-appropriate content | Active account use | Deleted within 30 days of account or profile deletion |
| Purchase records (via Apple / RevenueCat) | Tax, fraud, and accounting compliance | Required by law | Retained the minimum period required by applicable law, then deleted |
| Consent records (version, timestamp, method, VPC completion) | Prove lawful consent and that deletion occurred | Compliance / evidentiary | Retained for the life of the account plus the applicable limitations period; these are not the child's content |
Company maintains a written information security program with designated personnel, periodic risk assessment, reasonable administrative, technical, and physical safeguards appropriate to the sensitivity of the data (including Children's data), encryption and access controls, testing, and at least annual review.
16.9 Your rights and data portability
Subject to applicable law:
- Access, correction, deletion. You may access, correct, or delete your account and your User Content in-app via Settings → Account (deletion via Settings → Account → Delete Account), or by emailing legal@inkyverse.io.
- Portability — provided and observed data, not inferences. Where required by law (for example, GDPR/UK GDPR Article 20 and the CCPA/CPRA), Company will provide, in a structured, commonly-used, machine-readable format, the Personal Information and User Content you provided to the Service and your Observed Data (your raw interaction signals tied to your account), because both are "provided by" you. This right does not extend to Company-generated inferences, profiles, synthesized "bible"/style references, embeddings, model weights, De-Identified Data, or other Derived Materials, which are not "provided by" you.
- Effect of deletion. When you delete your account or specific User Content, Company will delete or irreversibly disassociate the associated Personal Information within the Section 16.8 timeframes. De-Identified Data already created in compliance with Section 16.4 before deletion is no longer your or your child's Personal Information, is not reversible to you, and therefore survives deletion. Nothing in this paragraph limits your statutory deletion or erasure rights, or Company's obligation to delete or destroy any dataset or model when required by law or by a court or regulator. For EEA/UK users, only Anonymised Data (not merely de-identified-but-relinkable data) survives an erasure request, per Section 16.11.
16.10 AI transparency
The Service uses an AI system (Google Gemini) to generate stories and illustrations. You are interacting with AI; all story text and images are AI-generated. Company marks AI-generated images and text in a machine-readable, detectable format (for example, content-credential metadata or a watermark) consistent with Article 50 of the EU AI Act, and will maintain such marking no later than 2 August 2026.
16.11 EU/UK users (EEA, Switzerland, and the United Kingdom)
For users Company identifies as located in the EEA, Switzerland, or the UK (by Account-Holder-provided country and app-store storefront):
- Improvement off; data ring-fenced. Service Improvement is off for EEA/UK accounts, and their User Content and Generation Data are excluded entirely from De-Identified Data, training corpora, and Derived Materials, unless the Account Holder gives separate, specific, informed, and freely-revocable consent (and, for a Child, verifiable parental consent meeting the applicable Article 8 age with reasonable verification of parental authority) — and even then Company uses only Anonymised Data. Company does not rely on "legitimate interest" to train on data derived from Minors, and does not treat any improvement processing of a Minor's data as "strictly necessary."
- Lawful basis and revocability. Any EEA/UK improvement processing rests on Article 6(1)(a)/Article 8 consent, not on the licenses in Section 16.3; the "perpetual and irrevocable" component of Section 16.3(b) does not apply to EEA/UK users (Article 7(3): consent is always revocable). The only durable EEA/UK asset is Anonymised Data, which survives revocation because it is no longer personal data.
- Erasure (Article 17). On an erasure request, Company deletes the user's personal data, including any de-identified-but-relinkable data, and re-derives affected Derived Materials without the erased subject where required; only Anonymised Data is retained. Company treats its "improvement set" as pseudonymous (still personal data) for itself as controller so long as it holds any linking key or source data, and honors Article 17 against it accordingly.
- Processor and transfer mechanics; rights; representative. Google (Gemini) and other EEA/UK processors operate under Article 28 data-processing terms, and any transfer to a non-adequate country uses an Article 46 mechanism (Standard Contractual Clauses plus a transfer-risk assessment). EEA/UK users retain their non-waivable data-subject rights regardless of the governing-law choice in Section 16.12. Company will conduct a Data Protection Impact Assessment (Article 35) for the children's-data processing, apply UK Age-Appropriate Design Code high-privacy-by-default and data-minimisation duties to all under-18 EEA/UK users, and designate any Article 27 EU/UK representative required by law. (If Company elects not to serve EEA/UK users, it will geo-decline EEA/UK registration and state so; this Section then does not apply.)
16.12 Governing law; savings clause; assignment and Change of Control
- Governing law (reconciled to the entity). These Terms and this Section are governed by the laws of the State of Wyoming, United States, without regard to conflict-of-law principles, consistent with Company's state of organization. The existing Delaware governing-law/venue provision is amended to Wyoming, and the dispute-resolution forum is made non-exclusive so it is not used to deprive a consumer of a home forum.
- Savings clause. Nothing in the choice of law or forum waives or limits any non-waivable consumer-protection or data-privacy right you have under the law of your state or country of residence — including the CCPA/CPRA (which voids contractual waivers, Cal. Civ. Code § 1798.192) and the comparable laws of Colorado, Connecticut, Texas, Oregon, Virginia, Utah, Montana, Delaware, Florida, and other jurisdictions, COPPA, and the GDPR/UK GDPR for EEA/UK users. For any claim that cannot lawfully be subjected to an out-of-state forum, the forum selection does not apply.
- Transfer only as part of the business; buyer bound; you are told first. Company's rights under this Section inure to its successors and assigns and survive a Change of Control. In a Change of Control, User Content, Personal Information, De-Identified Data, and Derived Materials may be transferred only as part of a sale of all or substantially all of Company's assets or business as a going concern — never as a standalone sale of data and never as financing collateral — and only if the acquirer or successor: (a) continues the same line of business or obtains fresh consent before any materially different use; (b) is contractually bound to the then-current Privacy Policy and to protections at least as protective as this Section — including the Children's-data protections in Section 16.5, the teen floor in Section 16.7, the prohibited uses in Section 16.6, and (as a recipient of De-Identified Data) all three obligations in Section 16.4(5) (the § 1798.140(m) recipient flow-down); (c) obtains affirmative opt-in consent before any materially different use of a Minor's Personal Information, and obtains any fresh verifiable parental consent COPPA requires before any new or materially different use of a Child's data, honoring the specific promises under which the data was collected; and (d) gives affected users prior notice and an opportunity to opt out or delete before any transfer that changes the controller. In any bankruptcy or insolvency proceeding, Company will support the appointment of a consumer-privacy ombudsman where required and a court finding that the transfer is consistent with this policy, so the transfer is permitted under 11 U.S.C. §§ 332 and 363(b)(1). Child-identifiable data is kept out of the transferable asset to the maximum extent possible, so that only the clean, de-identified derived corpus and Derived Materials are ever in scope of a sale.
- Assignment harmonization. The general assignment provision of the main Terms is subject to this Section 16.12(3) for any assignment involving Personal Information or De-Identified Data.
16.13 Disgorgement-proof provenance (the asset is clean by design)
Only De-Identified Data derived from inputs that (i) were contributed by an Account Holder who affirmatively enabled Service Improvement under Section 16.5(5), and (ii) contain no Uploaded Likeness Media, no Likeness-Derived Output, no voice/audio-derived data, and no Child-Originated Content, may enter any training corpus. Company maintains an auditable, append-only consent-and-provenance record binding each training input to its consent event (document type, version, server timestamp, platform, method, and — for Child-linked accounts — the verifiable-parental-consent method and completion). This makes the "never your child's data for training" promise literally true and keeps the Derived Materials a clean, transferable asset rather than material subject to disgorgement.
16.14 Survival and precedence
Sections 16.2 (Ownership), 16.3(b)–(d) (improvement right, Company's interest, no-override), 16.4 (De-Identification and public commitment), 16.6 (Prohibited Uses), 16.7 (Teen floor), 16.9 (Rights), 16.11 (EU/UK), 16.12 (Governing law and Change of Control), and 16.13 (Provenance) survive termination of your account and these Terms. In a conflict between this Section and the Privacy Policy, the provision more protective of the user (and, for a Minor, the Minor) controls.
16.15 Changes to this Section; rollout to existing users
Company will not apply this Section's Service-Improvement terms to any existing user's data on a passive "continued use" basis. Company will obtain affirmative opt-in (for Child-linked accounts, parental opt-in via the verifiable-consent method) through a re-consent prompt before any of that user's prior or future Generation Data enters the de-identification or training pipeline; the default remains off until opt-in, and any data collected before opt-in is quarantined and excluded from the corpus. Company versions these documents, records each acceptance (document, version, timestamp, method, and — for Child accounts — the verifiable-consent method and completion), and notifies users of material changes.
17. Contact
Questions about these Terms? Contact us:
- Email: support@inkyverse.io
- Website: https://www.inkyverse.io
- Support: https://www.inkyverse.io/support
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