These Terms of Service (the "Agreement") are a binding contract between you ("You," "Your," or "User") and Fableform, Inc., a Delaware corporation with offices at 1111 6th Ave Ste 550 PMB 584726, San Diego, California 92101-5211 ("Fableform," "we," "us," or "our"). This Agreement governs Your access to and use of Fableform's websites, applications, software interfaces, desktop software, and all related services, features, and tools (collectively, the "Services"), including but not limited to, the AI-orchestrated film production platform available at fableform.ai.
PLEASE READ THIS AGREEMENT CAREFULLY. By creating an account, accessing the Services, generating any “Output” (as defined below) through the Services, or by clicking "I Agree" (or a similar control), You acknowledge that You have read, understood, and agree to be bound by this Agreement, the Acceptable Use Policy described in Section 9, the Privacy Policy, and any other policies referenced herein. If You do not agree, You are not authorized to access or use the Services and must not access or use the Services.
SECTION 24 OF THIS AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS. PLEASE READ IT CAREFULLY, TOGETHER WITH ALL OTHER TERMS OF THIS AGREEMENT.
This Agreement, together with any order form, subscription plan terms, supplemental terms, or policies referenced herein or presented to You within the Services, constitutes the entire agreement between You and Fableform with respect to the Services.
If You are entering into this Agreement on behalf of a company, organization, studio, agency, production entity, or any other legal entity (an "Entity"), You represent and warrant that You have the legal authority to bind that Entity, and "You" and "Your" refer to that Entity. If You do not have such authority, You must not accept this Agreement and are not authorized to access or use the Services and must not access or use the Services.
Fableform may modify this Agreement from time to time. Material changes will be communicated as set forth in Section 19. Your continued use of the Services after the effective date of any modification constitutes Your acceptance of the modified Agreement.
In addition to terms defined elsewhere in this Agreement, the following definitions apply:
The Services are intended for use by individuals who are at least eighteen (18) years of age. By accessing or using the Services, You represent and warrant that You are at least 18 years old and have the legal capacity to enter into this Agreement. The Services are not intended for, and may not be used by, individuals under 18.
You agree to provide accurate, current, and complete information during registration and to keep that information up to date. You may not register an Account using false or misleading information, impersonate another person, or use automated means to create Accounts.
You are responsible for safeguarding Your Account credentials and for all activities that occur under Your Account. You must notify Fableform promptly of any unauthorized access to or use of Your Account. Fableform is not liable for losses arising from unauthorized use of Your Account that results from Your failure to safeguard credentials.
Unless expressly authorized in writing by Fableform, You may not share Your Account credentials, allow others to access the Services using Your Account, or operate multiple Accounts to circumvent usage restrictions or limits.
You represent and warrant that You are not: (a) located in, organized under the laws of, or a resident of any country or territory subject to comprehensive U.S. trade sanctions or embargoes; (b) on any restricted-party list maintained by the U.S. government, the United Nations Security Council, the European Union, or the United Kingdom; or (c) using the Services on behalf of any such person or entity.
Access to the Services requires a paid subscription, license, or other fee-based plan (each, a "Plan"). The features, limits, and pricing of each Plan are set forth on the Services or in an applicable order form, and may be modified by Fableform from time to time.
You agree to pay all fees associated with Your Plan in the currency and on the schedule specified at the time of purchase. Unless otherwise stated, all fees are non-refundable. You authorize Fableform and its payment processors to charge Your designated payment method for all applicable fees, taxes, and other charges.
Subscriptions automatically renew at the end of each billing period at the then-current rates unless You cancel before the renewal date in accordance with the cancellation procedures set forth in the Services.
Fees are exclusive of taxes, levies, duties, and similar governmental assessments, all of which are Your responsibility unless otherwise required by law.
Usage of certain features is paid from the prepaid balance in Your Account (Your "Film Fund"). Your Film Fund balance carries over from month to month for as long as Your Account remains active. Film Fund balances have no cash value, are non-transferable, and are non-refundable except where required by law or where Fableform discontinues the Services, in which case Fableform will give reasonable advance notice so that You have an opportunity to use any remaining credits prior to such discontinuation. If Fableform terminates Your Account for breach of this Agreement, any unused balance in Your Film Fund is forfeited to the maximum extent permissible under applicable law. Certain features may also be subject to usage caps, rate limits, and/or fair-use restrictions, and Fableform may suspend or throttle access if You exceed applicable limits.
Fableform may, in its sole discretion, offer free trials, previews, or beta features. Beta features are provided "AS IS," may be modified or discontinued at any time, and may be subject to additional terms presented at the time of access.
Subject to Your continuing compliance with this Agreement and payment of applicable fees, Fableform grants You a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services solely for Your internal business or personal creative purposes during the term of this Agreement.
Except for the rights expressly granted in this Agreement, all rights, title, and interest in and to the Services, including all software, models, trained weights, algorithms, user interfaces, designs, trademarks, logos, documentation, and any improvements thereto, are and shall remain the exclusive property of Fableform and its licensors. No rights are granted by implication, estoppel, or otherwise.
You shall not, and shall not permit any third party to:
As between You and Fableform, You retain all right, title, and interest in Your Inputs, subject to the licenses granted in this Agreement.
You grant Fableform a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, transmit, modify, create derivative works from, and process Your Inputs solely as necessary to: (a) operate, maintain, and provide the Services to You; (b) generate Outputs at Your direction, including by transmitting Your Inputs to the Third-Party Model providers that perform the requested task; (c) enforce this Agreement and applicable policies; (d) comply with applicable law and respond to legal process; and (e) preserve, protect, and defend the rights, property, and safety of Fableform, its Users, relevant third parties, and the public.
Fableform does not use Your Inputs or Outputs to train, retrain, fine-tune, or otherwise improve any artificial intelligence model. Fableform uses Third-Party Model providers under terms or account settings that are intended to prevent the providers from training their models on Inputs and Outputs submitted through the Services; those commitments are made to Fableform by the providers under their own terms, as described in the Privacy Policy. Nothwithstanding the foregoing, any such Provider’s commitments may change over time and are out of Fableform’s control. You are solely responsible for reviewing any such Third-Party Model provider commitments in connection with Your use of any Third-Party Model. You assume full responsibility for all risks, decisions, actions, omissions, and outcomes resulting from such use or reliance thereon. You shall remain solely responsible and liable for any disputes (including, but not limited to, any intellectual property-related disputes) arising from Your use of any Third-Party Model. Any disputes arising between You and any Third-Party Model provider are solely between You and them, and You agree not to hold Fableform liable for any losses arising from Your use or reliance on such Third-Party Models. Fableform shall have no obligation to become involved in any such disputes. Fableform may use de-identified, aggregated usage metadata that does not include the content of Your Inputs or Outputs for analytics and performance metrics, operational logs, diagnostic telemetry, abuse prevention, and Service and safety improvement purposes.
You are solely and fully responsible and liable for the Input when using the Services including, but not limited to, compliance with any and all applicable laws (including data protection laws). You represent and warrant that You own or have obtained all rights, licenses, consents, and permissions necessary to provide each Input to Fableform, to authorize the licenses granted herein, and to use the resulting Outputs as You intend, including with respect to copyright, trademark, rights of publicity, privacy, contractual, union, guild, performer, and other rights of any third party. You are solely responsible for reviewing and evaluating the Services and their Outputs to ensure their appropriateness for your intended purposes. You assume full liability and responsibility for all risks, decisions, actions, omissions, and outcomes resulting from such use or reliance thereon. Except as otherwise expressly set forth in this Agreement, you agree not to hold Fableform liable for any losses arising from the use or reliance on such Services or Output.
Unless expressly contemplated under a separate written agreement that addresses such data (including any required Business Associate Agreement, Data Processing Addendum, or equivalent), You shall not submit to the Services any (a) protected health information governed by HIPAA, (b) financial account credentials or full payment card data, (c) government-issued identifiers, (d) information from minors, or (e) data from data subjects whose collection or processing through the Services would violate applicable law.
As between You and Fableform, and subject to Your compliance with this Agreement and payment of all applicable fees, Fableform assigns to You all right, title, and interest that Fableform may have in the Outputs You generate through the Services. Fableform makes no claim of ownership in Your Outputs. You are solely responsible and liable for all risks from, and all decisions, actions, omissions, and all other outcomes resulting from Your use of or reliance on any Output. You shall bear all risks arising from any reliance on the effectiveness, accuracy, completeness, legality, non-discrimination, non-infringement, suitability, merchantability, quality or fitness for a particular purpose of such Output. User hereby agrees not to hold Fableform responsible or liable for, and hereby irrevocably waives any and all claims against Fableform that it may have at any time during or after the term of the Agreement with respect to any losses arising from its use of any Output. Additionally, if You use any Output or data (other than data provided by Fableform) for model training, fine-tuning, or development in connection with its use of the Services, You shall be solely and fully responsible and liable for all losses and disputes arising therefrom.
The assignment in Section 8.1 conveys only such rights as Fableform itself holds. Fableform makes no representation or warranty regarding the copyrightability, originality, or non-infringement of any Output. You acknowledge that under current U.S. law and other applicable law, purely AI-generated material may not be eligible for copyright protection absent sufficient human authorship, and that legal frameworks governing AI-generated content are evolving.
Outputs are not unique. Other Users may submit similar Inputs and receive similar or identical Outputs. Fableform makes no representation that any Output is or will be unique to You, and you acknowledge and agree that the generation of similar Output for another user does not constitute infringement of Your rights, nor does Fableform owe you any duty of exclusivity or protection against similar generations.
Subject to Your compliance with this Agreement (including the AUP), any Plan-specific restrictions, and any restrictions that apply to the Third-Party Model used to generate an Output (see Section 13), You may use Your Outputs for personal and commercial purposes, including in client projects, advertising, film, television, streaming, social media, and other distribution channels.
Fableform may embed AI-provenance metadata, including C2PA-compliant credentials, invisible watermarks, content credentials, and other markers, into Outputs. You shall not remove, alter, obscure, or interfere with such metadata, watermarks, or credentials, except as expressly permitted by applicable law or by Fableform in writing.
Fableform does not defend or indemnify You against third-party claims relating to Your Inputs or Outputs. Some Third-Party Model providers offer intellectual property protections under their own terms; any such protections run to Fableform, not to You, and are subject to the providers' exclusions (including for modified Outputs and trademark claims arising from commercial use).
If Fableform receives a notice alleging that an Output You generated infringes or violates the rights of a third party, Fableform may forward the notice to You, and You agree to immediately stop using and distributing the identified Output until the matter is resolved. If you fail to immediately cease use and distribution upon notice, Fableform reserves the right to immediately suspend or terminate Your account and revoke any licenses or rights assigned herein regarding the contested Output.
Your use of the Services is governed by the Fableform Acceptable Use Policy (the "AUP"), available at fableform.ai/aup, which is incorporated into this Agreement by reference. The AUP applies to all Inputs, Outputs, User Content, and conduct on or through the Services. Fableform may update the AUP from time to time as described in the AUP. Violations of the AUP may result in immediate suspension or termination of Your Account, removal of content, reporting to law enforcement or other authorities, and pursuit of any other remedies available at law or in equity.
You represent, warrant, and covenant to Fableform on a continuing basis that:
The Services rely on machine learning and probabilistic models. Outputs may be inaccurate, incomplete, biased, offensive, surprising, infringing, or unsuitable for Your intended purpose. You are solely responsible for evaluating each Output for fitness, accuracy, legality, and appropriateness before using or distributing it.
The Services do not provide legal, medical, financial, or other professional advice. Outputs must not be relied upon as a substitute for professional judgment. You shall not use Outputs to make decisions that could have a material legal or material adverse impact on any individual (for example, in connection with credit, employment, housing, insurance, education, immigration, or healthcare).
The Services may produce content that misstates facts, fabricates references, misrepresents real persons, infringes the intellectual or personal rights of third parties and individuals, or contains other errors. You shall use human review and exercise independent judgment, particularly when Outputs reference real persons, organizations, products, places, or events.
You acknowledge that legal authorities, including the U.S. Copyright Office, have indicated that purely AI-generated material may not qualify for copyright protection absent sufficient human authorship. Fableform makes no representation or warranty regarding the copyrightability or registrability of any Output.
The Services orchestrate Third-Party Models, services, and software interfaces (which may include, by way of example and not limitation, video generation, image generation, voice synthesis, and language models supplied by third-party providers). Each Third-Party Model is subject to its provider's agreement, usage policies and content restrictions (together, the "Provider Policies"), which Fableform identifies in the Services and which are incorporated into this Agreement with respect to Your use of that model. You are solely responsible for reviewing, and You agree to comply with, the Provider Policies in connection with Your use of any Third-Party Model. You may use Your own Input and the Output, provided such use complies with the relevant Provider Policies. You assume full responsibility for all risks, decisions, actions, omissions, and outcomes resulting from such use or reliance thereon. You shall remain solely responsible and liable for any disputes (including, but not limited to, any intellectual property-related disputes) arising from Your use of any Output or otherwise arising from Your use of any Third-Party Model. You are not a party to, and have no rights under, Fableform's agreements with its providers. Any disputes arising between You and any Third-Party Model provider are solely between You and them, and You agree not to hold Fableform liable for any losses arising from Your use or reliance on such Third-Party Models. Fableform shall have no obligation to become involved in any such disputes.
Fableform does not endorse Third-Party Models. Where third-party providers impose content restrictions (for example, prohibitions on real-person likeness, sexually explicit content, or political content) that are stricter than those in this Agreement or the AUP, the stricter restrictions apply to Your use of the relevant Third-Party Model through the Services.
Fableform may add, remove, modify, throttle, or discontinue any Third-Party Model at any time, with or without notice. Fableform is not liable for any disruption, failure, or modification of any Third-Party Model.
Fableform's Third-Party Model providers hold Fableform responsible for the conduct of its Users and may restrict Fableform's access to a model because of a single User's violation. Fableform may, in its sole discretion, therefore block particular requests, restrict Your access to any Third-Party Model, or suspend Your Account where it reasonably believes Your use violates, or is likely to violate, the Third-Party Model Provider Policies.
Some Third-Party Models may be offered by their providers as preview, experimental, or early-access releases, and Fableform will identify them as such in the Services. Outputs from any such preview Third-Party Models may be subject to additional restrictions on commercial use imposed by the provider, and no Third-Party Model provider intellectual property protections apply to them.
Fableform may, but has no obligation to, monitor, review, scan, filter, block, or remove Inputs, Outputs, or other User Content. Fableform may use automated tools, human reviewers, or both. The absence of action does not imply approval, and the presence of action does not imply liability.
To report a violation of this Agreement or the AUP, contact Fableform at reportabuse@fableform.ai. Reports should include sufficient detail to permit investigation, including identifying information, links, timestamps, and a description of the violation.
Fableform may, in its sole discretion and without liability, take any of the following actions in response to a suspected violation: (a) warn the User; (b) remove or disable access to specific content; (c) restrict, suspend, or terminate the User's Account; (d) revoke licenses to Outputs generated in violation of this Agreement; (e) refer the matter to law enforcement, regulators, payment processors, or affected third parties; and/or (f) pursue any other remedies available at law or in equity.
Fableform uses automated tools, including third-party services, to screen images You upload or generate for prohibited content and for the likeness of real persons, which may involve detecting faces and recognizing public figures (“Automated Screening”). By accepting this Agreement, You consent to Automated Screening of Your User Content. You represent and warrant that You have obtained all consents, releases, and notices required under applicable biometric privacy and other laws from every individual whose face or likeness appears in User Content You submit, and You shall defend, indemnify, and hold harmless the Fableform Parties from any Claims arising from Your failure to do so.
Fableform respects intellectual property rights. If You believe that material accessible on or through the Services infringes Your copyright, You may submit a notice in compliance with the Digital Millennium Copyright Act (the "DMCA"), 17 U.S.C. § 512, to Fableform's designated copyright agent at:
DMCA Agent: Laurence S. Donahue, Esq.
Law 4 Small Business (L4SB)
6801 Jefferson St. NE, Ste. 220
Albuquerque, NM 87109
Phone: 505-715-5700
Email: LegalResponseTeam@L4SB.com
A valid DMCA notice must include: (a) a physical or electronic signature of a person authorized to act on behalf of the copyright owner; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material claimed to be infringing and information reasonably sufficient to permit Fableform to locate it; (d) Your contact information; (e) a statement that You have a good-faith belief that the use is not authorized; and (f) a statement, under penalty of perjury, that the information in the notice is accurate and that You are authorized to act on behalf of the copyright owner.
If material You posted has been removed in response to a DMCA notice, You may submit a counter-notice that includes the elements required by 17 U.S.C. § 512(g).
Fableform reserves the absolute right, in its sole discretion, to terminate the Accounts of infringers as referenced in this Agreement in appropriate circumstances.
Fableform may suspend or terminate Your Account or access to all or part of the Services at any time, with or without notice, for any reason, including but not limited to: (a) Your breach of this Agreement; (b) a suspected or actual violation of the AUP; (c) non-payment of fees; (d) risk to the safety, security, or operation of the Services or other Users; (e) requirements of applicable law; and/or (f) discontinuation of the Services.
You may terminate Your Account at any time by following the cancellation procedures set forth in the Services. Termination by You does not entitle You to a refund of fees paid for the current billing period unless required by applicable law.
Upon termination: (a) Your right to access and use the Services ceases; (b) Fableform may, in its discretion, delete or retain the User Content held on Fableform's servers in accordance with applicable law and the Privacy Policy; (c) any outstanding fees become immediately due and payable; and (d) the provisions of this Agreement that by their nature should survive termination shall survive (see Section 29).
You are responsible for preserving Your media and project files. Your media and project files are stored in the location You choose, such as Your local device or a network drive You select, and remain in Your possession after termination. For projects synced to Your Account, Fableform stores project content on its servers as described in the Privacy Policy. Where reasonably feasible and consistent with applicable law, Fableform will make a reasonable effort to enable You to export that project data and Your Account data held on Fableform's servers for a limited period following termination.
Each party shall protect the other party's confidential information using at least the same degree of care it uses to protect its own confidential information of similar importance, and in no event less than reasonable care. Confidential information shall not be disclosed to third parties or used for any purpose outside the scope of this Agreement, except as necessary to perform under this Agreement or as required by applicable law.
Where You have entered into a separate enterprise services agreement, master services agreement, data processing addendum, or similar instrument with Fableform, the terms of that instrument shall control over conflicting provisions of this Agreement with respect to confidentiality, data security, data processing, and audit rights.
Fableform recognizes that film, advertising, and entertainment workflows often involve highly confidential pre-release content. Fableform implements technical and organizational safeguards designed to protect the confidentiality of such content, as described on Fableform's Security page. Any additional safeguards available to enterprise customers will be set forth in a separate written agreement or order form.
You are responsible for preserving Your media and project files. You choose where Your media and project files are stored. Fableform is not a backup or archival service, and You are responsible for maintaining backups of Your media and project files. For projects synced to Your Account, Fableform stores the project's contents and rolling autosave backups on its servers so that Your devices and collaborators stay in sync. Fableform does not keep Your media files beyond the temporary processing described in the Privacy Policy. If You use a third-party storage or network drive service (for example, to share media with Your team), that service is governed by its provider's terms, and Fableform is not responsible for its availability, security, or handling of Your files.
Fableform's collection, use, and disclosure of personal information are described in the Fableform Privacy Policy, which is incorporated into this Agreement by reference. By using the Services, You consent to such collection, use, and disclosure as described in the Privacy Policy.
Fableform may amend this Agreement at any time. Material changes will be communicated by posting the updated Agreement on the Services and, where reasonably practicable, by additional notice (such as email or in-product notice). Amendments are effective on the date posted unless otherwise stated. Continued use of the Services after the effective date constitutes acceptance.
Fableform may modify, enhance, or discontinue all or part of the Services at any time. Where commercially reasonable, Fableform will provide advance notice of material adverse changes to paid features.
THE SERVICES, INCLUDING ALL OUTPUTS, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FABLEFORM AND ITS AFFILIATES, OFFICERS, DIRECTORS, STOCKHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, SUPPLIERS, AND LICENSORS (COLLECTIVELY, THE "FABLEFORM PARTIES") DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, ORIGINALITY, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
WITHOUT LIMITING THE FOREGOING, THE FABLEFORM PARTIES DO NOT WARRANT THAT (A) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) ANY OUTPUT WILL BE ACCURATE, ORIGINAL, NON-INFRINGING, OR FIT FOR YOUR PURPOSE; (C) ANY OUTPUT WILL QUALIFY FOR COPYRIGHT, TRADEMARK, OR OTHER INTELLECTUAL PROPERTY PROTECTION; (D) DEFECTS WILL BE CORRECTED; OR (E) THE SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU ASSUME ALL RISK ASSOCIATED WITH YOUR USE OF THE SERVICES AND OUTPUTS, INCLUDING WITH RESPECT TO COMMERCIAL EXPLOITATION, DISTRIBUTION, AND THIRD-PARTY CLAIMS.
Some jurisdictions do not allow the exclusion of certain warranties. To the extent such exclusions are not permitted, the foregoing exclusions apply to the maximum extent permitted by applicable law.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE FABLEFORM PARTIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST GOODWILL, LOST BUSINESS OPPORTUNITY, BUSINESS INTERRUPTION, LOSS OF DATA, COST OF SUBSTITUTE GOODS OR SERVICES, OR REPUTATIONAL HARM, ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE SERVICES, OR ANY OUTPUT, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND WHETHER OR NOT FABLEFORM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY EVENT, THE AGGREGATE LIABILITY OF THE FABLEFORM PARTIES ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE SERVICES, AND ALL OUTPUTS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO FABLEFORM FOR THE SERVICES IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM AND (B) ONE HUNDRED U.S. DOLLARS (US$100).
The limitations in this Section 21 apply to the maximum extent permitted by applicable law and shall apply even if any limited remedy is found to have failed of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of liability for certain damages, so the above limitations may not apply to You in full.
To the fullest extent permitted by applicable law, You shall defend, indemnify, and hold harmless the Fableform Parties from and against any and all third-party claims, demands, suits, actions, proceedings, investigations, losses, damages, fines, penalties, settlements, judgments, and expenses (including reasonable attorneys' fees, expert witness fees, and court costs) (collectively, "Claims") arising out of or related to:
Fableform may, at its option and expense, assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which case You shall cooperate fully with Fableform in asserting all available defenses. You shall not settle any Claim without Fableform's prior written consent (not to be unreasonably withheld) if the settlement requires any admission, payment, or undertaking from any Fableform Party.
This Agreement is governed by and construed in accordance with the laws of the State of California, without regard to its conflict-of-law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Subject to Section 24 (Mandatory Arbitration), the state and federal courts located in San Diego County, California shall have exclusive jurisdiction over any dispute arising under or relating to this Agreement, and the parties hereby submit to the personal jurisdiction of those courts and waive any objection based on inconvenient forum.
Except as provided in Section 24.4, any dispute, claim, or controversy arising out of or relating to this Agreement or the Services (a "Dispute") shall be resolved exclusively by final and binding individual arbitration administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures (or, for consumer disputes, its Streamlined Arbitration Rules and Procedures), as then in effect. The arbitration shall be conducted by a single arbitrator who is a retired judge or attorney experienced in commercial and intellectual property matters. If twenty-five (25) or more similar disputes are asserted against Fableform by the same or coordinated counsel, the claims must be resolved in batched proceedings of twenty-five (25) to fifty (50) claims at one time, staying all other filings and administrative fees until each batch completes.
The seat of arbitration shall be San Diego County, California. The arbitration may be conducted by videoconference. The arbitrator shall have the exclusive authority to resolve all Disputes, including the scope, enforceability, and interpretation of this arbitration agreement, except as provided in Section 24.4.
YOU AND FABLEFORM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. Class arbitrations, class actions, and representative actions are prohibited. The arbitrator may award only individual relief and may not order non-individual or class-wide relief. YOU AND FABLEFORM FURTHER WAIVE ANY RIGHT TO TRIAL BY JURY.
Notwithstanding Section 24.1, the following Disputes are not subject to arbitration: (a) claims that may be brought in small-claims court provided the dispute remains there; (b) claims for injunctive or other equitable relief to prevent or stop the unauthorized use of, or infringement of, intellectual property or violation of confidentiality obligations; and (c) any other Dispute that applicable law expressly prohibits being subject to arbitration.
You may opt out of this arbitration agreement by sending written notice of opt-out to Fableform at legal@fableform.ai within thirty (30) days of first accepting this Agreement. The notice must include Your name, Account email, and a clear statement that You wish to opt out of arbitration.
Neither party shall be liable for any delay or failure to perform (other than payment obligations) resulting from causes beyond its reasonable control, including acts of God, natural disasters, fires, floods, earthquakes, pandemics, epidemics, war, terrorism, civil unrest, governmental action, labor disputes, internet or telecommunications failures, power failures, supply-chain disruptions, cyberattacks (including, without limitation, agentic AI attacks), or failures of third-party services or models.
You may not assign or transfer this Agreement, by operation of law or otherwise, without Fableform's prior written consent. Any attempted assignment in violation of this Section is void. Fableform may assign or transfer this Agreement, in whole or in part, without restriction, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. This Agreement binds and inures to the benefit of the parties, their permitted successors, and assigns.
Notices to Fableform must be sent in writing to: Fableform, Inc., 1111 6th Ave Ste 550 PMB 584726, San Diego, California 92101-5211, Attn: Legal, with a copy by email to legal@fableform.ai. Notices to You may be delivered by email to the address associated with Your Account, by posting in the Services, or by other reasonable means. Notices are deemed given upon receipt (for postal mail), upon transmission (for email), or upon posting (for in-Service notices).
This Agreement, together with all policies and supplemental terms incorporated by reference, constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior or contemporaneous agreements, communications, and understandings, whether written or oral, with respect to that subject matter.
If any provision of this Agreement is held to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, or, if it cannot be so modified, shall be severed, and the remaining provisions shall remain in full force and effect.
The failure of either party to enforce any provision of this Agreement shall not constitute a waiver of that provision or any other provision.
Headings are for convenience only and shall not affect the interpretation of this Agreement. The terms "including" and "include" mean "including without limitation."
The parties are independent contractors. Nothing in this Agreement creates a partnership, joint venture, agency, or employment relationship.
Except for the Fableform Parties (who are intended third-party beneficiaries of Sections 20, 21, and 22), this Agreement does not create any third-party beneficiary rights.
The following Sections survive termination of this Agreement: Section 2 (Definitions), Section 5.2 (Reservation of Rights), Section 6 (Restrictions), Section 7 (Inputs), Section 8 (Outputs and Ownership), Section 10 (Representations and Warranties), Section 11 (AI Acknowledgments), Section 14 (Enforcement), Section 17 (Confidentiality), Section 20 (Disclaimers), Section 21 (Limitation of Liability), Section 22 (Indemnification), Section 23 (Governing Law), Section 24 (Arbitration), Section 27 (Notices), Section 28 (Construction), Section 29 (Survival), and any other provisions that by their nature should survive.
Questions about this Agreement may be directed to:
Fableform, Inc.
1111 6th Ave Ste 550 PMB 584726
San Diego, California 92101-5211
Attn: Legal
Email: legal@fableform.ai
California residents: If You have a complaint that has not been resolved to Your satisfaction, You may report it to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.