Terms of use agreement

Last Updated: December 7, 2023

Thank you for your interest in the Five & Done, LLC (“Nella,” “we,” “us,” “our”) story-telling application (“Nella App”). This Terms of Use Agreement (“Agreement”) governs your use of our website, NellaStories.com (the "Site"), and the Nella App (collectively, the “Services”). You signify your assent to this Agreement by using the Website. Please do not use or continue to access the Website if you do not agree to be bound by this Agreement. If you are using the Nella App on your mobile device, then you signify your assent to this Agreement when you first open the Nella App on your mobile device. Please do not use or continue to access the Nella App if you do not agree to be bound by this Agreement.

YOUR USE OF THE SERVICES

THE NELLA APP IS INTENDED FOR ADULTS TO CREATE STORIES FOR CHILDREN UNDER THE AGE OF 13 (“CHILD” OR “CHILDREN”). WE ARE NOT RESPONSIBLE FOR MONITORING ANY INFORMATION YOU SUBMIT THROUGH THE NELLA APP. YOU ARE SOLELY RESPONSIBLE FOR MONITORING HOW THE NELLA APP IS USED ON YOUR MOBILE DEVICE AND ANY INFORMATION SUBMITTED USING YOUR NELLA ACCOUNT. NEITHER WE, THE NELLA APP, OR THE SITE SOLICIT OR KNOWINGLY COLLECT PERSONAL INFORMATION OF CHILDREN. PLEASE DO NOT SUBMIT ANY PERSONAL INFORMATION OF A CHILD OR OF ANYONE ELSE WHO HAS NOT GIVEN YOU CONSENT TO DO SO THROUGH THE NELLA APP OR THE SITE. FOR MORE INFORMATION ABOUT HOW WE PROCESS PERSONAL INFORMATION, PLEASE SEE OUR PRIVACY POLICY.

You are responsible for your use of the Services. You must have a parent or legal guardian review this Agreement with you and agree to it on your behalf if you are not of legal age to form a binding contract with us (age 18 in most states). If you have authorized or registered another person to use the Services, including a minor, you are fully responsible for that person’s use of the Services and the consequences of that person’s misuse of the Services. The parent or legal guardian of a minor must affirmatively consent to such minor’s use of our Services. You may only use the Services in compliance with this Agreement and all applicable laws and regulations.

YOUR NELLA APP ACCOUNT

You must have an Apple ID or Google Account to download and create an account to use the Nella App. We reserve the right in our sole discretion to change and disable any account that does not meet our naming standards.

Your Nella account is personal to you and you may not share it or allow any other person to utilize your account. You may not use another person’s Nella account. You are responsible for all activities that occur under your account. You must immediately notify us if your registration information changes.

The Nella App may allow you to store your login credentials in your mobile device so that you can be automatically logged in each time you access the Nella App. If someone else has access to your mobile device the automatic login feature will allow that person to have access to your Nella App account. You are responsible for all damages resulting from unauthorized access to the Nella App from your account. You must immediately notify us if you learn of or have reason to suspect any unauthorized use of your account or any other breach of security.

PRIVACY

We collect, store, and use data collected from you in accordance with our Privacy Policy, located at https://www.nellastories.com/legal/privacy-policy.

USER CONTENT

You may have the opportunity to input word prompts to create stories on the Nella App (“User Content”). User Content uploaded or provided through the Nella App may be protected by copyrights, patents, trademarks, trade secrets, or other intellectual property laws. You understand and agree that these rights in User Content are valid and protected in all forms, media, and technologies existing now or developed in the future. You may not obscure or remove any proprietary rights notices contained in or on User Content. Any unauthorized use of User Content, whether owned by us or other parties, may violate copyright laws, trademark laws, privacy and publicity laws and communications regulations and statutes. We will not be liable for User Content uploaded or posted to the Services by you or any other user.

We do not claim ownership rights in User Content, but by uploading, transmitting, or posting User Content to the Nella App, you hereby grant to us a non-exclusive, transferable, worldwide, irrevocable, royalty-free license to use, reproduce, modify, edit, adapt, publish, translate, display, host, store, distribute, sublicense, and create derivative works and compilations incorporating User Content as part of providing the Services. You represent and warrant that you have all rights and authority to grant us the license herein to the User Content you post or upload to the Services.

You are responsible for your User Content and for the consequences and liability related to or connected with User Content and your use of any User Content you access or obtain through the Services.

We do not pre-screen or approve User Content but we reserve the right to remove User Content that we believe is infringing, offensive, objectionable, or illegal at our sole discretion and without liability to you or any other person.

YOUR LICENSE TO USE THE SERVICES

We grant to you a limited, non-exclusive, non-assignable, non-transferable license to access and use the Services for your own personal, non-commercial purposes, subject to your agreement to and compliance with this Agreement. We reserve all rights not otherwise expressly granted by this Agreement. You may not: rent or sell the Services to a third party, copy or reverse engineer the Services, create derivative works of the Services, change or alter User Content or notices, use a bot or other automatic process to harvest information or User Content on the Services, introduce a virus or malicious code into the Services, use the Services to violate a third party’s intellectual property rights, send advertisements or spam using or through the Services, use any information in the Services to create a competing service, engage in any activity that violates this Agreement or any applicable law or regulation, or permit or allow any third party to engage in or otherwise violate the foregoing restrictions.

USAGE AND LIMITATIONS

We do not guarantee that the Services will be compatible or operate with your web browser, mobile device, Internet provider’s service plan, mobile carrier’s service plan, or any other piece of hardware, software, equipment, or device you use to access or use the Services. You are responsible for providing, maintaining, and ensuring the compatibility of all hardware, software, and other system requirements necessary for your access to and use of the Services. You are also responsible for all third party charges and fees, including to your Internet service provider and mobile carrier, in connection with your access and use of the Services and for complying with any contracts, terms of service agreements, and restrictions associated with such third party services.

The quality and availability of the Services may be affected by factors outside of our control because the Services are provided over the Internet. We will not be liable for damages or losses related to the Services being unavailable.

OUR RIGHTS AND OWNERSHIP

We may discontinue or alter any aspect of the Services, restrict the time the Services is available, install bug fixes, updates, patches, and other upgrades to the Services, and restrict the amount of use permitted at our sole discretion and without prior notice or liability to you. Your only remedy is to discontinue using the Services if you do not want a modification we make to the Services.

The Nella App, and any update(s) thereto, is our copyrighted property and it may not be reproduced, recreated, modified, accessed, or used in any manner contrary to what is allowed by this Agreement or disseminated or distributed to any other person. The stories or outputs generated from User Content, our images, trademarks, service marks, logos and other content that we display in the Services and all accounts, features, and components of the Services are our property. Third party materials in the Services are licensed to us and these third parties may enforce their ownership rights against you if you violate the terms of this Agreement. Any feedback or suggestions you give to us about the Services is voluntary and we may use such feedback or suggestions in our sole discretion without obligation to you.

DISCLAIMERS

To the fullest extent allowed under applicable law, we expressly disclaim all warranties, express, implied, or otherwise, including without limitation, warranties of merchantability, title, non-infringement, suitability, integration, currentness, accuracy, and fitness for a particular purpose. We do not warrant that the Services will be malware or virus free. We specifically disclaim any representations that the Services will meet your requirements, that access to or operation or use of the Services will be uninterrupted or error free, that defects in the Services, if any, will be corrected, or that results will be timely, accurate, adequate or complete. The Services are provided “as is” and “as available” and we do not guarantee the Services’ availability or uptime. We do not warrant or represent that use of the Services will result in compliance with any applicable laws or regulations, and you understand that you are solely responsible for ensuring compliance with any and all applicable laws and regulations.

LIMITATION OF LIABILITY

To the fullest extent permitted by law, under no circumstance will we be responsible for lost profits, revenues, financial losses, or indirect, special, consequential, exemplary, or punitive damages. To the fullest extent permitted by law, our total liability for any claims under this Agreement, including for any implied warranties, is limited to the greater of the amount you paid to us during the 6 months prior to the event giving rise to the claim or $100.00. The limitations of this section will apply to any theory of liability, whether based on warranty, contract, statute, tort (including negligence) or otherwise, and whether or not we have been informed of the possibility of any such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

INDEMNIFICATION

You agree to defend, indemnify, and hold Five & Done, LLC and our officers, members, managers, employees, and agents harmless from and against any and all claims, liabilities, damages, losses, demands, or expenses, including attorney’s fees and costs and expenses, arising out of or in any way connected with your use of the Services, your breach or alleged breach of this Agreement, your unauthorized use of User Content, unauthorized use of your Nella account, or your violation of any rights of any other person.

TERMINATION

This Agreement is effective until you or Nella terminates it. You may terminate this Agreement at any time by discontinuing your use of the Services. We may terminate this Agreement at any time and for any reason without prior notice to you, and accordingly, we may deny you access to the Services. Termination of this Agreement will not affect any right or relief to which we are entitled at law or in equity. Upon termination of this Agreement, you must terminate all use of the Services and any information or materials that have been provided to you. The terms and conditions in this Agreement that by their nature and context are intended to survive any termination of this Agreement will survive such termination and will be fully enforceable thereafter.

LINKS

We do not post links to third-party websites in the Nella App. We may post links to third-party websites that are not owned or operated by us on our website. Please be aware that we are not responsible or liable for any content, advertising, products, or other materials from such third-party websites or for any privacy or other practices of the third parties operating those websites.

COMPLIANCE WITH NON-US LAW

We do not make any representation that the Services, User Content, or other material or information provided through the Services is appropriate to or available in locations outside of the United States. You may not use the Services or export User Content in violation of United States export laws, regulations, or restrictions. If you access the Services from outside of the United States, you are responsible for compliance with all applicable laws.

GOVERNING LAW AND OTHER MISCELLANEOUS TERMS

This Agreement and any claim related thereto will be governed by the laws of California, without reference to its conflicts or choice of law principles. All claims and disputes arising under this Agreement will be brought solely in any court located in California. You irrevocably submit and consent to the personal jurisdiction of such courts.

We have the right to enforce the provisions of this Agreement by injunction (without necessity of posting bond), specific performance, or other equitable relief without prejudice to any other rights and remedies we may have for your breach of this Agreement.

This Agreement controls the relationship between Nella and you. This Agreement does not create any third-party beneficiary rights.

Our failure to enforce the provisions of this Agreement does not constitute a waiver of our right to enforce them.

If any term or provision of this Agreement is held to be invalid or unenforceable, the remaining terms and provisions of this Agreement will remain in full force and effect, and the invalid or unenforceable term or provision will not be considered to be part of this Agreement.

In the event of a conflict between this Agreement and any additional policies, procedures, disclaimers, guidelines, rules, terms, or conditions of specific application, the additional policies, procedures, disclaimers, guidelines, rules, terms, or conditions of specific application will control.

CHANGES TO THIS AGREEMENT

We reserve the right to change, modify, add, or remove portions of this Agreement. We will post notice of modifications to this Agreement on this page and we will attempt to notify you through your Nella account. Changes will become effective immediately (as indicated by the “Last Updated” date above) but will not apply retroactively. If you do not agree to the modified Agreement, you should immediately discontinue your use of the Services.

If you have any questions or would like further clarification about the Services or this Agreement, please e-mail us at info@nellastories.com.