Effective Date: June 7, 2026 · Last Updated: June 7, 2026
These Terms of Service (the “Agreement”) are a binding contract between you (“You,” “Your,” or “User”) and Fableform LLC, a California limited liability company 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, application programming 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 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 set forth in Section 9, the Privacy Policy, and any other policies referenced herein. If You do not agree, You 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.
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 must not access 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 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 certain 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.
Certain features may be subject to compute credits, usage caps, rate limits, or fair-use restrictions. Unused credits do not roll over unless expressly stated. 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; (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, and the public.
Except as separately and expressly authorized by You in a written agreement or in Your Account settings, Fableform shall not use Your Inputs or Outputs to train, retrain, fine-tune, or otherwise improve generally available foundation models. Notwithstanding the foregoing, Fableform may use de-identified, aggregated metadata derived from usage of the Services for analytics, abuse prevention, and Service improvement purposes.
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.
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.
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, 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.
Subject to Your compliance with this Agreement (including Section 9) and any Plan-specific restrictions, 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.
This Section 9 sets forth the Acceptable Use Policy (the “AUP”). 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. 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.
Fableform is an AI-orchestrated platform built for professional filmmakers, commercial directors, and studio clients. Although certain forms of artistic expression involving difficult subject matter are permitted in legitimate professional film and commercial production, the categories of content described below are prohibited regardless of artistic, satirical, journalistic, educational, or research framing.
You shall not use the Services to create, upload, request, generate, transmit, store, or distribute any content that:
Fableform reports apparent CSAM to the National Center for Missing & Exploited Children (NCMEC) and cooperates with law enforcement. Accounts associated with CSAM are terminated immediately and permanently.
You shall not use the Services to create or distribute pornographic content, sexually explicit content, or non-consensual intimate imagery, including:
Limited adult content for legitimate, age-restricted, professionally produced contexts may be permitted only under a separate written agreement with Fableform that includes age verification, performer consent, and appropriate distribution controls.
You shall not use the Services to create, generate, alter, or distribute content depicting the Likeness of any identifiable real person, including any celebrity, athlete, musician, actor, politician, executive, journalist, or private individual (living or deceased), except where:
In all cases, Fableform reserves the right to refuse, remove, or block any content depicting a real person, regardless of consent, where Fableform reasonably determines such content presents legal, reputational, or safety risk.
You acknowledge that California Civil Code Sections 3344 and 3344.1, New York Civil Rights Law Sections 50, 51, and other state and federal laws (including but not limited to the federal ELVIS Act, where applicable, and laws in Tennessee, Illinois, Texas, and other jurisdictions) protect the rights of publicity of natural persons. You are solely responsible for compliance with all such laws and for obtaining all required clearances.
You shall not use the Services to clone, synthesize, imitate, or replicate the voice, vocal style, or other audible characteristics of any real person without that person's verifiable, informed, written consent. This prohibition applies whether the synthesis is generated from a sample, a description, or by any other means, and includes voiceover, dialogue replacement, performance simulation, and audio in video Outputs.
You shall not use the Services to create or distribute content intended to deceive a person into believing the content is authentic, unaltered, or attributable to a person who did not create or authorize it. Without limiting the foregoing, You shall not use the Services to:
Where state or federal law (including but not limited to AI disclosure laws in California, Texas, and other jurisdictions) requires that AI-generated content be labeled or disclosed, You are solely responsible for compliance with all such labeling and disclosure obligations.
You shall not use the Services to create, generate, or distribute content intended to:
You shall not use the Services to create or distribute content that:
Depictions of violence in the context of legitimate professionally produced film, television, journalism, education, or art are not categorically prohibited where consistent with applicable law, but are subject to Fableform's review and may be moderated.
You shall not use the Services to create or distribute content that promotes, glorifies, encourages, or provides instructions for self-harm, suicide, eating disorders, or other dangerous activities. Fictional treatments of these subjects in legitimate creative works are permitted only where they comply with applicable industry safe-messaging guidelines and applicable law.
You shall not use the Services to plan, facilitate, or commit any unlawful activity, including but not limited to the creation of content that:
You shall not use the Services to:
You shall not (a) represent that an Output was created by a human when it was wholly or substantially AI-generated, where such representation is material to the audience or required to be disclosed by law, contract, or applicable industry standard (including but not limited to standards published by SAG-AFTRA, the DGA, the WGA, the AMPTP, or comparable organizations); or (b) submit Outputs to award programs, festivals, certifications, or rights registries that prohibit AI-generated content without disclosing the AI-generated nature of the work.
You shall not remove, alter, obscure, encode around, or otherwise interfere with any provenance metadata, content credentials, watermarks, fingerprints, or similar markers embedded in or applied to Outputs by Fableform or by Third-Party Models, except as expressly authorized by Fableform in writing.
You shall not use the Services to:
You shall not use the Services to:
The categories above are not exhaustive. Fableform reserves the right to add to, modify, or interpret the AUP, and to take action against conduct that, in Fableform's reasonable judgment, violates the spirit of the AUP, threatens the safety of Users or third parties, or exposes Fableform to legal, reputational, or operational risk.
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, 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 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, 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 may include a Marketplace through which Users may license, sell, exchange, or acquire rights-cleared Assets. Marketplace transactions are governed by this Agreement and any supplemental marketplace terms presented at the time of transaction.
If You list, offer, or sell any Asset through the Marketplace as a seller (“Seller”), You represent and warrant that (a) You own or have the right to license the Asset and all elements thereof; (b) You have obtained all necessary consents, releases, and clearances, including with respect to any Likeness, music, location, prop, vehicle, or other depicted element; (c) the Asset does not infringe or violate the rights of any third party; (d) the Asset complies with the AUP; and (e) all metadata, descriptions, and rights statements You provide are accurate and complete.
If You acquire or license an Asset through the Marketplace as a buyer (“Buyer”), Your rights in that Asset are defined by the license terms presented at the time of acquisition. Fableform is not a party to the underlying agreement between Buyer and Seller (except where Fableform expressly acts as a counterparty), and is not responsible for the performance of either party.
Fableform may, at its discretion, record provenance, attribution, or licensing data for Marketplace Assets to a public or private blockchain or distributed ledger. You acknowledge that records committed to a blockchain may be immutable, persistent, and publicly viewable, and that Fableform cannot guarantee deletion of such records.
Fableform may charge transaction fees, payout fees, or commissions in connection with Marketplace transactions, as disclosed at the time of transaction.
The Services orchestrate Third-Party Models, services, and APIs (which may include, by way of example and not limitation, video generation, image generation, voice synthesis, and language models supplied by third-party providers). Use of Third-Party Models is subject to the applicable third-party terms of service, acceptable use policies, and content restrictions, in addition to this Agreement.
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 deepfakes) that are stricter than those in this Agreement, the stricter restrictions apply to Your use of the relevant Third-Party Model through the Services.
Third-Party Models may be added, removed, modified, throttled, or discontinued at any time, with or without notice. Fableform is not liable for any disruption, failure, or modification of any Third-Party Model.
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: warn the User; remove or disable access to specific content; restrict, suspend, or terminate the User's Account; revoke licenses to Outputs generated in violation of this Agreement; refer the matter to law enforcement, regulators, payment processors, or affected third parties; and pursue any other remedies available at law or in equity.
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: Law 4 Small Business (L4SB)
6801 Jefferson St. NE, Ste. 220
Albuquerque, NM 87109
Office: (888) 992-4952 | Fax: (505) 435-9137
Email: ldonahue@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 terminates the Accounts of repeat infringers 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, 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 Your User Content in accordance with applicable law and Fableform's data retention practices; (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).
Where reasonably feasible and consistent with applicable law, Fableform will make a reasonable effort to enable You to export Your User Content for a limited period following termination. You are responsible for downloading or otherwise preserving Your User Content.
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. Specific safeguards available to enterprise customers (including Single Sign-On, customer-managed encryption keys, dedicated workspaces, and audit logging) may be set forth in supplemental documentation or order forms.
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, MEMBERS, MANAGERS, 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.
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, 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 LLC, 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:
Mail:
Fableform LLC
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.