Taleborn Terms of Service

Welcome to the Terms of Service (these “Terms”) for the website taleborn.app (the “Website”), and the related mobile applications (the “App”) operated by Dwellun LLC (“Company”, “we”, or “us”), and together with any content, tools, features, and functionality offered on or through our Website and the App (the “Services”).

These Terms govern your access to and use of the Services. Please read these Terms carefully, as they include important information about your legal rights. By accessing and/or using the Services, you are agreeing to these Terms. If you do not understand or agree to these Terms, please do not use the Services.

For purposes of these Terms, “you” and “your” means you as the user of the Services. If you use the Services on behalf of a company or other entity then “you” includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity’s behalf.

Please note that Section 8 contains an arbitration clause and class action waiver. By agreeing to these Terms, you agree (a) to resolve all disputes with us through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and (b) that you waive your right to participate in class actions, class arbitrations, or representative actions. You have the right to opt-out of arbitration, as explained in Section 8.

1. Who May Use the Services

(UPDATED) You must be at least 18 years of age to access or use the Services. By using the Services, you represent and warrant that you meet this requirement and have the legal capacity to enter into a binding contract with us. If you do not meet this age requirement, you must not access or use the Services.

2. User Accounts, Subscriptions, and Refund Policy

Creating and Safeguarding Your Account.

To use certain parts of the Services, you may need to create an account (“Account”). You agree to provide us with accurate, complete, and updated information for your Account. You are solely responsible for any activity on your Account and for maintaining the confidentiality and security of your password. We are not liable for any acts or omissions by you in connection with your Account. You must immediately notify us at base@dwellun.com if you know or have any reason to suspect that your Account or password has been stolen, misappropriated, or otherwise compromised, or in case of any actual or suspected unauthorized use of your Account. Deleted accounts and content associated with deleted accounts cannot be recovered.

Paid Services and Subscriptions.

If you buy or subscribe to any of our paid Services, you agree to pay us the applicable fees and taxes in U.S. Dollars. As a benefit of an active paid subscription, you will receive an ad-free experience, meaning third-party advertisements will be removed from your Services experience. Failure to pay these fees and taxes will result in the termination of your access to the paid Services, and advertisements may resume. You agree that (a) we may store and continue billing your payment method (e.g. credit card) to avoid interruption of the Services, and (b) we may calculate taxes payable by you based on the billing information that you provide us at the time of purchase. We reserve the right to change our subscription plans or adjust pricing for the Services in any manner and at any time as we may determine in our sole and absolute discretion.

Subscription Renewals and Cancellations.

You agree that if you purchase a subscription to use a paid portion of the Services, your subscription will automatically renew at the subscription period frequency referenced on your subscription page (or if not designated, then monthly), and your payment method will automatically be charged at the start of each new subscription period. To avoid future subscription charges, you must cancel your subscription, in which case your cancellation will be effective at the end of your then-current subscription period. You can cancel your subscription through the subscription settings on your account page on the Services.

Refund Policy.

We offer a discretionary refund option under specific conditions outlined herein:

• Inactive Users (users who unintentionally continue their subscription without active usage) are eligible to request a refund for charges incurred after the last month of active use.
• Requests must be submitted via email to base@dwellun.com.
• All refund requests will be processed and issued at our sole discretion, except for payments made through the Apple App Store, which must be requested directly from Apple.

There are no refunds for partially used periods. Following any cancellation, you will continue to have access to the paid Services through the end of the paid subscription period. We reserve the right to amend this Refund Policy at any time.

Promotional Codes.

We may offer Promotional Codes that may be redeemed for free subscriptions or other features. You agree that Promotional Codes may not be duplicated, sold, or transferred, may be disabled by the Company at any time, are not valid for cash, and may expire prior to use.

3. Orders for Products, Services, and Virtual Currency

Payment.

The Services may permit you to purchase certain physical or digital items ("Offerings"). You acknowledge that all payment information is accurate. We reserve the right to discontinue or limit Offerings and refuse orders. You authorize us (or our payment processor such as Stripe) to charge your payment method. Orders will not be processed until full payment is received.

Changes and Pricing.

We may change pricing, availability, or features of Offerings at any time. We reserve the right to correct pricing errors and cancel orders purchased with pricing errors.

Order Confirmation.

Your receipt of an order confirmation does not signify our acceptance of your order. We reserve the right to accept or decline your order at our sole discretion. If canceled after billing, we will refund the amount.

Virtual Currency (Eterniums).

The Services may include a virtual, in-game currency known as "Eterniums." Eterniums may be purchased with real-world money or earned through your gameplay and interactions within the Services. You acknowledge and agree that Eterniums are licensed to you, not sold. They have no real-world monetary value and cannot be redeemed, cashed out, or exchanged for real money, physical goods, or services outside of the App.

All sales of Eterniums are final, and Eterniums are strictly non-refundable under any circumstances. This no-refund policy applies regardless of whether you use the Eterniums, whether your Account remains active, or if your Account is suspended or terminated. The Company reserves the right to manage, regulate, control, modify, or eliminate Eterniums and their pricing at our sole discretion, without any liability to you.

4. Location of Our Privacy Policy

Our Privacy Policy describes how we handle the information you provide to us. Please visit our Privacy Policy located at taleborn.app/uncategorized/privacy-policy/.

5. Rights We Grant You

License Grant.

Subject to your compliance with these Terms, the Company hereby grants to you a personal, worldwide, royalty-free, non-assignable, non-sublicensable, non-transferrable, and non-exclusive license to use the software provided to you as part of the Services. Your access and use may be interrupted for maintenance, updates, or other actions at the Company's discretion.

Restrictions On Your Use of the Services.

You may not: modify, copy, distribute, or reverse engineer the Services; use cheats, bots, or unauthorized third-party software; exploit the Services for commercial purposes; overburden or disrupt the Services; scrape or extract data; introduce viruses; or use the Services for illegal or harassing purposes.

Use of the App & Mobile Software from the Apple App Store.

You are responsible for the equipment and internet plans required to use the App. Standard Apple App Store terms apply if you download the App via Apple, including that Apple is not responsible for the App, maintenance, or claims related to it.

6. Ownership and Content

Ownership of the Services & Trademarks.

The Services and their contents are protected by intellectual property laws. The Company and its licensors own all rights, titles, and interests in the Services. The Company’s name, Taleborn, logos, and related designs are trademarks of the Company.

Ownership of Feedback.

Any feedback or suggestions you provide become the sole and exclusive property of the Company, which may use it without compensation to you.

Your Content License Grant.

By uploading content (“Your Content”), you grant us a worldwide, royalty-free, transferable license to access, host, store, reproduce, display, and modify Your Content to operate the Services. Other users may have the right to comment on or use Your Content depending on public sharing settings. You also agree to abide by the Community Guidelines (taleborn.app/community-guidelines).

(NEW) Explicit and Inappropriate Content.

You agree not to create, upload, or share content (including but not limited to characters, avatars, text, or images) that is overly sexually explicit, pornographic, or otherwise violates our Community Guidelines. We reserve the right, at our sole and absolute discretion, to review, modify, or permanently delete any characters or content that we determine to be too sexually explicit or inappropriate, with or without prior notice to you. Repeated violations of this rule may result in immediate suspension or termination of your Account.

Notice of Infringement – DMCA Policy.

If you believe materials on the Services infringe your copyright, please submit a written notification to our copyright agent at: Dwellun LLC, Attn: COPYRIGHT AGENT, 100 Lenox Rd, Brooklyn, NY 11226; or by email to base@dwellun.com, including all legally required information under 17 USC 512(c).

7. Disclaimers, Limitations of Liability, and Indemnification

Disclaimers.

YOUR ACCESS TO AND USE OF THE SERVICES ARE AT YOUR OWN RISK. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

Limitations of Liability.

TO THE EXTENT NOT PROHIBITED BY LAW, THE COMPANY ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. THE COMPANY ENTITIES’ TOTAL LIABILITY TO YOU SHALL NOT EXCEED $100.00 OR THE AMOUNT YOU PAID IN THE PAST SIX (6) MONTHS.

Indemnification.

You agree to defend, indemnify, and hold the Company Entities harmless from any claims, damages, or expenses arising from your violation of these Terms, third-party rights, your use of the Services, or Your Content.

8. Arbitration and Class Action Waiver

You agree to first attempt informal dispute resolution. Any remaining disputes will be resolved by binding individual arbitration administered by JAMS. Class actions and class arbitrations are not permitted. You may opt-out of arbitration by sending written notice to base@dwellun.com within thirty (30) days of agreeing to these Terms.

9. Additional Provisions

We may modify these Terms at any time; continued use constitutes acceptance. We may terminate or suspend your Account for breach of Terms. These Terms are governed by the laws of the State of Delaware. If any provision is found unlawful, it shall be severable and not affect the remaining provisions.

How to Contact Us.

You may contact us regarding the Services or these Terms at:

• Mailing Address: 100 Lenox Rd, Brooklyn, NY 11226
• Phone: (801) 477-6245
• Email: base@dwellun.com