Terms of Service

1. Agreement to These Terms

By downloading, accessing, or using Kimoa, you agree to these Terms of Service and to our Privacy Policy. If you do not agree, do not use Kimoa.

2. Who May Use Kimoa

Kimoa is designed for family bedtime use, but the account holder must be a parent or guardian who is at least 13 years old, or 16 years old in the EU or UK where required by local law. Kimoa does not offer child accounts or child profiles.

3. About the Service

Kimoa lets users request AI-generated bedtime stories, illustrated cover images, and narrated audio. Kimoa may change, improve, suspend, or remove features at any time.

4. Accounts and Security

You are responsible for maintaining the confidentiality of your account credentials and for activity that occurs under your account. You agree to provide accurate account information and to notify us promptly at support@kimoaplay.com if you believe your account has been accessed without authorization.

5. Ownership of Your Prompts and Generated Stories

As between you and Kimoa, you retain your rights in the prompts you submit and in the story outputs generated for your account, including generated story text, cover images, and narrated audio, to the extent those rights can exist under applicable law and the terms of the third-party AI providers involved in generation.

You give Kimoa a limited, non-exclusive license to host, store, reproduce, process, transmit, and display your prompts and generated outputs only as needed to operate, secure, improve, and support the service for you.

6. Our Rights in Kimoa

Kimoa, including the app, website, brand, software, design, and service content other than your own prompts and outputs, is owned by Every Toys Dream LLC or its licensors and is protected by applicable intellectual property laws.

7. Acceptable Use

You may not use Kimoa to create, request, store, or distribute content that:

• is sexual, exploitative, obscene, or otherwise inappropriate for a family bedtime product;
• is hateful, harassing, abusive, threatening, violent, or discriminatory;
• promotes illegal activity or is otherwise unlawful;
• infringes another person's intellectual property, privacy, publicity, or other rights;
• attempts to evade Kimoa's moderation, safety systems, or service limits;
• would violate Apple's user-generated content rules or app review guidelines.

We may block, refuse, remove, or limit content or accounts that violate these Terms, our moderation rules, or applicable law.

8. AI Output Disclaimer

Kimoa uses machine-generated content. Story text, images, and audio may contain inaccuracies, unexpected results, or content that does not perfectly match your request. Kimoa outputs are for entertainment purposes only and are not medical, legal, financial, educational, parenting, or other professional advice.

9. Subscriptions, Billing, and Cancellation

Kimoa may offer paid auto-renewing subscriptions, including monthly plans and, if introduced, annual plans. The subscription options, prices, billing periods, and included features shown in the app at the time of purchase control your purchase.

If you buy a subscription through Apple, your Apple account will be charged at confirmation of purchase, and your subscription will automatically renew unless you cancel at least 24 hours before the end of the current billing period. You can manage or cancel your subscription through your Apple account settings. If we later offer other purchase channels, the cancellation rules for that channel will be shown before purchase.

If you buy a subscription through Google Play, your Google Play account will be charged at the start of each billing period according to your subscription terms, and your subscription will continue until you cancel it. You can manage or cancel your subscription through Google Play, and if you cancel, you will generally keep access until the end of the current billing period unless Google Play states otherwise for your purchase or region.

If Kimoa offers a free story before subscription is required, that introductory access is separate from any paid subscription term.

10. Refunds

Purchases made through Apple are generally subject to Apple's billing and refund rules, and refund requests should be directed to Apple. If we ever offer direct web billing, any applicable refund terms for that billing method will be disclosed at checkout.

Purchases made through Google Play are generally subject to Google Play's billing and refund rules. Depending on timing and purchase details, you may request a refund through Google Play or contact us for purchase support and any refund handling available under our policies and applicable law.

11. Termination

You may stop using Kimoa at any time. We may suspend or terminate access to Kimoa if you violate these Terms, misuse the service, create safety risks, or if we need to protect the service, our users, or third parties.

12. Privacy

Our collection and use of personal information is described in our Privacy Policy.

13. Disclaimers and Limitation of Liability

Kimoa is provided on an "as is" and "as available" basis. To the fullest extent permitted by law, we disclaim warranties of any kind, whether express or implied. We are not liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of data, profits, goodwill, or business interruption arising from your use of Kimoa.

Apple is not a party to these Terms, and Every Toys Dream LLC, not Apple, is solely responsible for Kimoa, its content, maintenance, support, and any claims relating to the app or your use of it.

To the fullest extent permitted by law, our total liability for claims arising out of or related to Kimoa will not exceed the greater of the amount you paid us for Kimoa in the 12 months before the claim arose or $100 USD.

14. Governing Law

These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law rules, except where applicable law requires otherwise.

15. Changes to These Terms

We may update these Terms from time to time. If we make a material change, we will update the effective date above and may provide additional notice through the app, on the website, or by email when appropriate. Your continued use of Kimoa after the updated Terms take effect means you accept the updated Terms.

16. Contact Us

If you have questions about these Terms or need support, contact support@kimoaplay.com.