The fine print, in plain words.

Section i.Definitions.

When we use these terms in this agreement, here's what they mean:

• "Fablr," "we," "us," or "our" — Fablr, LLC, a California limited liability company.
• "Services" — our website, apps, AI tools, and all related features.
• "You" or "your" — anyone who uses our Services.
• "Account" — your registered user account.
• "User Content" — everything you upload, create, or provide (text, photos, videos, audio, etc.).
• "One-year plan" — your paid one-year term of access to Fablr's full features.
• "Storyteller" — the person whose story is being preserved.
• "Collaborator" — anyone you invite to help with or view content.

Section ii.Acceptance and changes to terms.

ii.1 Accepting these terms

By creating an account, buying a plan, finishing the setup on a private storyteller link, or using Fablr in any way (including by phone), you agree to these Terms and our Privacy Policy.

If someone bought Fablr for you: before your first recording or phone conversation, you open your private link, confirm you are 18 or older, and agree to these Terms, our Privacy Policy, and voice recording. When you do, you agree to these Terms yourself, including the arbitration agreement and class-action waiver in Section xv. The person who bought Fablr for you cannot agree for you.

ii.2 Who can use Fablr

You must be 18 or older and able to understand and agree to these Terms yourself. Fablr is built for adult storytellers in the United States. If someone you want to give Fablr to cannot understand what recording or phone calls mean, please do not set Fablr up for them.

ii.3 Changes to these terms

We may update these Terms from time to time. When we make material changes, we'll:

• Post the updated Terms on our website.
• Email you at least 30 days before the changes take effect.
• Show you a notice on the service.

If you continue using Fablr after the changes take effect, you're agreeing to the new Terms. If you don't agree, you can stop using the service or close your account.

Section iii.Service description.

iii.1 What Fablr does

Fablr helps you preserve stories and memories by:

• Creating, editing, and organizing personal narratives.
• Uploading and storing photos, voice recordings, and text.
• Using AI tools to help write and organize stories.
• Collaborating with family and friends.
• Downloading your book and an archive of your content.
• Creating memory books and collections.

iii.2 Service availability

We work hard to keep Fablr running smoothly, but we can't guarantee 100% uptime. The service may be unavailable due to:

• Scheduled maintenance (we'll give you notice when possible).
• Technical issues.
• Updates or improvements.

iii.3 Changes to the service

We may modify, suspend, or discontinue features at any time. If we discontinue a major part of the service you're using, we'll:

• Give you at least 90 days' notice.
• Let you export your content.
• Refund any unused portion of your paid plan term.

iii.4 Beta features

We sometimes offer experimental "beta" features. These are provided as-is and may change or disappear without notice. Use them at your own risk.

iii.5 Phone calls with the biographer

Where phone calls are offered, a storyteller in the United States can talk with the biographer on an ordinary phone, including a landline.

• An AI, not a person: the biographer on the phone is an artificial intelligence (a computer voice), not a person. OpenAI's AI models hear and answer what you say, and Twilio and LiveKit carry the call.
• How calls start: a family member who bought Fablr can save the storyteller's phone number and suggested call times. We never place a scheduled call to that number until the storyteller has finished the setup on their private link, called Fablr from that number, heard our recorded notice, and pressed 1.
• Your permission for our calls: by pressing 1 on that call, you agree that Fablr may call that number at the chosen times, using an AI voice and prerecorded messages, to talk with you about your life story. These are service calls, not sales calls. We call only between 9 A.M. and 8 P.M. your local time. We do not leave messages, but if voicemail answers, it may record our short recorded greeting, which names Fablr and gives our number.
• Every call asks first: every call, whether you call us or we call you, starts with a short recorded notice. Nothing you say is recorded, written down, or sent to the AI until you press 1 on that call. After you press 1, the call is recorded, processed live by OpenAI and LiveKit, written down, and saved with your book.
• Who is on the line: please take Fablr calls where other people cannot listen in or join. If someone else is on the line or on speakerphone, tell them the call is recorded, or ask them to hang up. Do not let a child take part in a call.
• How to stop calls: press 9 on any call. That is the surest way, and it works at once. You can also email [email protected] or tell us in any other reasonable way, including telling the biographer you want the calls to stop. We stop calls within 10 business days of any request, and usually right away.
• Number changes: if the storyteller changes or gives up their phone number, tell us or update it on Fablr right away. A new number needs a new yes from the storyteller.
• Costs: phone conversations use the conversation time included with your plan. Fablr charges nothing extra, but your phone company's normal rates may apply.

Section iv.Account registration and security.

iv.1 Creating your account

To use certain features, you need to create an account with accurate information. You agree to:

• Provide truthful information.
• Keep your information up to date.
• Keep your password secure.
• Take responsibility for everything that happens under your account.

iv.2 Account security

You're responsible for:

• Protecting your password.
• All activity on your account (even if someone else uses it).
• Telling us immediately if you think someone accessed your account without permission (email [email protected]).

We're not liable for losses from unauthorized access if you didn't keep your account secure.

iv.3 Sharing access

You can invite Collaborators to see specific content, but you're still responsible for everything that happens under your account. Don't share your login credentials.

Section v.Your content — ownership and license.

v.1 You own your stories

You retain full ownership of everything you create or upload to Fablr. Your stories and memories belong to you.

v.2 Limited license to Fablr

When you upload content, you give Fablr a limited license to:

• Store and back up your content.
• Display it to you and people you invite.
• Process it with AI tools to run your conversations and write your stories.
• Create products you order (like printed books).
• Provide customer support.
• Comply with legal requirements.
• Improve Fablr using de-identified transcripts, as described in section v.3, unless you turn this off.

This license is:

• Limited to providing services to you and improving Fablr as described in v.3.
• Non-exclusive — you can use your content anywhere.
• Revocable — it ends when you delete your content. A model already trained is not retrained (see v.3).
• Not transferable, except if we're acquired or merge.

v.3 What we don't do with your content

We will NOT:

• Use your stories for marketing without your permission.
• Share your content with third parties without your consent, except the service providers that help us run Fablr, such as our AI, storage, and printing providers, as our Privacy Policy describes.
• Let our AI vendors, like OpenAI, train their models on your content.
• Train AI on your voice recordings without asking you separately.
• Sell or license your content to anyone.

How we may improve Fablr: Fablr may learn from transcripts of your conversations to become a better biographer, including AI models we build ourselves. Before we use a transcript, we take out personal details of you and anyone you mention, including details about health, religion, or sex life, and we remove any link to your account. This covers only conversations you have yourself, never a storyteller who records from a private link you set up, a contributor, or a homepage demo. You can turn this off anytime in Privacy Settings, under Help improve Fablr. From then on, your conversations stay out of any new training; a model already trained is not retrained. Our Privacy Policy explains the details.

v.4 Your responsibilities

By uploading content, you promise that:

• You own it or have permission to share it.
• It doesn't violate anyone's copyright, privacy rights, or other rights.
• It doesn't violate any laws.
• You have consent from anyone who appears in photos or videos.
• You have parental consent if content includes minors.

You're responsible for your content and any problems that arise from it.

Stories involving other people

When your stories mention or describe other people (living or deceased), you are responsible for:

• Ensuring you have the right to share information about them.
• Not publishing false statements that could harm their reputation (defamation).
• Respecting their privacy, especially regarding sensitive personal matters.
• Obtaining appropriate consent when sharing private facts about identifiable individuals.

Stories involving minors

If your stories mention or describe minors (anyone under 18):

• Your own children / grandchildren: you may include them in your stories as their parent or guardian.
• Other people's children: you should have permission from their parent or guardian before including identifiable information about them.
• Avoid sharing sensitive, embarrassing, or private information about any minor that could affect them in the future.
• Consider that stories may be shared or published — minors cannot consent to their own digital footprint.

Fablr is not responsible for any claims arising from your stories about other people, including minors.

v.5 Back up your content

v.6 Deleting your content

You can delete content anytime. When you delete:

• A story or chapter you delete goes to trash, where you can restore it for 30 days. After that it is permanently deleted. Voice recordings you delete in Privacy settings are deleted without a trash step.
• It's permanently deleted from our backups within 90 days.
• Our license to use it ends after permanent deletion, and your content stays out of any new training. A model already trained is not retrained (see v.3).
• We may keep minimal information required by law (for fraud prevention, dispute resolution, etc.).

v.7 When you purchased Fablr for someone else

If you set up Fablr for another person as their storyteller, the stories, chapters, and photos they record belong to them, not to you. You are the steward of that archive.

As the steward you can, at any time:

• Read their stories, play their recordings, and download their book. A full archive download of their material is checked by our team for privacy first.
• Turn off a public link that already exists, and make their biography private again if it is public.
• Order printed books, including the codes printed in the book that play their recordings, and invite trusted family or friends to read and contribute privately.

While their book is open (during their plan, before it ends, is refunded, or is closed), you can also help with it:

• Edit the text and titles of their stories and chapters, restore an earlier version, and accept a proposed draft.
• Add, caption, reorder, and remove photos on their stories.
• Move a chapter to trash, and restore it from trash.

As the steward you cannot:

• Record for them, or speak or agree for them.
• Confirm the author name printed on their book, or approve a chapter for them.
• Permanently delete their content.
• Delete their biography.
• Create a new public link, or extend one that exists.
• Make their biography public on the web.

Their stories stay theirs even when you help edit them. When their book closes, your editing stops and the content is read-only for you again. This applies to every place you reach Fablr, including the website, the mobile app, and the API.

Your promises when you set up Fablr or a phone number for someone else:

• The storyteller is 18 or older, lives in the United States, and can understand and agree to Fablr themselves.
• Any phone number you give us is the storyteller's own current U.S. number, and they have said you may share it with us.
• You will never finish the storyteller's setup, tick their boxes, or press 1 on a call in their place.
• You will update or remove the number right away if the storyteller changes it or asks not to be called.

v.8 Our templates

While you own your content, we own our templates, layouts, and designs. You can only use our templates within Fablr.

Section vi.Acceptable use policy.

vi.1 Proper use

Use Fablr only for personal storytelling, memory preservation, and family history. Use it legally and in accordance with these Terms.

vi.2 Don't do these things

Content you can't upload:

• Illegal, harmful, threatening, abusive, or harassing content.
• Content that infringes copyrights, trademarks, or other rights.
• Viruses, malware, or harmful code.
• Spam or unsolicited advertising.

Actions you can't take:

• Violate any laws.
• Impersonate others or misrepresent yourself.
• Try to hack, disrupt, or gain unauthorized access.
• Use bots, scrapers, or automated tools without permission.
• Reverse engineer or copy our code.
• Remove copyright notices or labels.
• Use Fablr for commercial purposes we haven't authorized.
• Resell or sublicense access to Fablr.

vi.3 Enforcement

We can (but aren't required to):

• Monitor content for Terms violations.
• Remove content that violates these Terms.
• Suspend or terminate accounts that violate these Terms.
• Report illegal activity to law enforcement.

We don't systematically review all content. You use the service at your own risk.

Section vii.One-year plan, payments, and refunds.

vii.1 One-year plan

Some features require purchasing a paid one-year plan. See our pricing page for the current price and included features.

Each purchased biography includes 15 hours of connected, guided conversation time during its one-year term. The time is shared by the storyteller and any family contributors; there is no limit on the number of conversations within those hours. Each conversation can last up to 60 minutes. If the included time runs out during a conversation, you get about 10 more minutes to finish, and then the biographer wraps up and the conversation ends. Once the included time has been used, new conversations cannot start until more time is added. You can buy an extra hour for $10 in Membership settings. Contact [email protected] for help continuing. This does not affect access to stories already created or your included book.

vii.2 Payment terms

When you purchase a plan, you agree to pay all fees and taxes. You authorize us (or our payment processor, like Stripe) to charge your payment method for:

• The one-time plan fee.
• For the monthly plan, the monthly fee each month until you cancel.
• Additional products or services you purchase.

All prices are in U.S. dollars. You're responsible for any applicable taxes.

vii.3 One-year plan: no auto-renewal

We will send you reminder emails as your one-year term approaches its end, but no charges will occur unless you actively choose to renew.

To renew your plan: go to your account settings or visit our pricing page when your one-year term ends.

vii.3a Monthly plan: automatic renewal

• What each month includes: 3 hours of conversation. Unused hours do not roll over to the next month. Extra hours are $10 each, charged once when you buy them.
• The printed book: not included in the monthly fee. You can order a hardcover separately, at the price shown when you order, plus shipping.
• How to cancel: anytime, in one click, with Cancel plan in Membership settings. Canceling stops all future monthly charges. You can keep talking until the end of the month you have already paid for.
• After you cancel: your stories, your book, and its downloads stay in your account, with no fee to keep them, and you can still order a printed book.
• Refunds: your first monthly payment is refundable if you ask within 30 days of it, in Membership settings or by emailing [email protected]. A refund ends talking and editing right away and leaves you 90 days to read and download your stories, as in Section vii.6. Later monthly payments are not refunded once charged, and canceling stops the next one.
• Price changes: if the monthly price changes, we email you at least 30 days before the first charge at the new price, so you can cancel first if you like.
• Reminders: we email you when each month renews, and when a payment fails.

vii.4 One-year plan price changes

We can change our prices anytime. For an existing plan: Monthly plan price changes follow Section vii.3a.

• Changes don't affect your current one-year term — you pay the price you originally agreed to.
• New prices only apply if you choose to purchase another one-year term after your current term ends.
• We'll notify you of any price changes via email.

vii.5 When your one-year term ends

Your plan does not auto-renew. At the end of the term, your ability to create or edit stories ends automatically, but access to existing work continues while your account and content are retained under these Terms. You can choose to purchase another one-year term at any time.

When your one-year term ends:

• During your one-year term — you have full access to all included features.
• After your term ends — while your account and content are retained under these Terms, you can continue to read your existing stories, download your completed book, and order additional printed copies. Purchase another one-year term to add new conversations, stories, edits, or photos.

No refunds for partial terms (except as described below in our refund policy).

vii.6 Refund policy

What isn't refundable:

• Custom printed books are not refundable. Printed books are made to order, so all book purchases are final sale.
• Physical products that have shipped can't be returned.

Other limitations:

• The money-back guarantee is only available for your first plan purchase.
• Refunds go to your original payment method within 10 business days.
• You may export your content before requesting a refund or during the 90-day read-only window. After that window, create and edit access stays off and read access ends unless you buy a new plan.

Defective products: Printed books cannot be returned or exchanged (unless there is a defect caused by the printer or shipping carrier). We will replace products that arrive with printing defects or shipping damage. We ask that you send us photographs for our documentation — submit them through your My Compilations page or email [email protected]. Reprints are not available for issues present in the preview, only for defects from the printer. Read the full reprint policy.

vii.7 If we terminate your account

We can suspend or terminate your account for:

• Violating these Terms.
• Fraud or illegal activity.
• Not paying fees.
• Law enforcement or legal requirements.

We may also terminate your account for any reason not listed above; in that case, we will treat the termination as "without cause" (see below).

If we terminate:

• For Terms violations, fraud, or non-payment: no refund, but you get at least 7 days to download your content.
• Without cause: you get a prorated refund and at least 30 days to download your content.

We'll email you at your registered email address.

Section viii.Intellectual property and copyright.

viii.1 Fablr's intellectual property

We own the Fablr platform, including all code, features, designs, graphics, logos, and trademarks (except your content). These are protected by copyright, trademark, and patent laws.

You get a limited license to use Fablr for its intended purpose. You can't:

• Copy, distribute, or modify the platform.
• Use our trademarks or logos without permission.
• Reverse engineer our code.

viii.2 Your feedback

If you give us suggestions or feedback about Fablr, we can use it freely without any obligation to you.

viii.3 Copyright infringement reports

We respect intellectual property rights and review copyright complaints about material hosted on Fablr.

Copyright contact information

Submitting a copyright complaint

If you believe that material on Fablr.ai infringes your copyright, please send a written notice to our copyright contact with enough information for us to review and locate the material. Please include:

• Your physical or electronic signature.
• Identification of the copyrighted work claimed to have been infringed, or, if multiple works are involved, a representative list.
• Identification of the material claimed to be infringing, and information reasonably sufficient to permit us to locate the material (such as a specific URL).
• Your contact information (name, address, telephone number, and email).
• A statement that you have a good-faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in your notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Send your notice to [email protected] or by mail to the copyright contact address above. When we receive a credible complaint, Fablr may remove or disable access to the material and notify the affected user.

Responding to a removal

If you believe that your material was removed or disabled by mistake or misidentification, you may send a written response to our copyright contact with:

• Your physical or electronic signature.
• Identification of the material that has been removed or to which access has been disabled, and the location where it appeared before removal.
• A statement, under penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of mistake or misidentification.
• Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the district where your address is, and that you will accept service of process from the person who sent the complaint or their agent.
• Any additional information that helps us evaluate your response.

We may forward your response to the complainant and may restore the material if appropriate.

Repeat infringer policy

Fablr respects the intellectual property rights of others and expects its users to do the same. In appropriate circumstances, Fablr will terminate accounts or restrict access for users who repeatedly infringe copyrights or other intellectual property rights.

Section ix.Third-party services.

ix.1 Links and integrations

Fablr may link to or integrate with third-party websites, apps, or services. We don't control these third-party services and aren't responsible for:

• Their content or privacy practices.
• Your interactions with them.
• Any losses from using them.

Use third-party services at your own risk and read their own terms and privacy policies.

ix.2 Payment processing

Payments are processed by third-party processors (like Stripe). We don't store your complete credit card information. Payment processing is subject to the processor's terms and privacy policy.

ix.3 Affiliate and referral programs

Fablr runs its affiliate and referral program through Rewardful. Publishers, partners, and creators who send visitors to Fablr may earn a commission on purchases those visitors make. Participating in this program does not change the price you pay. When you arrive through a referral link, a first-party cookie may be set to credit the referring partner, as described in our Privacy Policy. Any third party who promotes Fablr for a commission is responsible for clearly and conspicuously disclosing that affiliate relationship in accordance with FTC guidelines and applicable law.

Section x.Service disclaimers.

The service is provided "AS IS" and "AS AVAILABLE" without any warranties.

x.1 No warranties

We disclaim all warranties, including:

• Warranties of merchantability or fitness for a particular purpose.
• Warranties that the service will be uninterrupted, secure, or error-free.
• Warranties about the accuracy or reliability of content.
• Warranties that defects will be corrected.

x.2 AI-generated content

Our AI tools are designed to help you create stories. We don't guarantee AI-generated content will be accurate, appropriate, or error-free. You're responsible for reviewing and approving all AI-generated content before using or sharing it.

AI limitations you should know:

• AI may generate incorrect dates, names, places, or historical details ("hallucinations").
• AI may misremember or combine details from different conversations.
• AI-generated content should be fact-checked before publishing or sharing.
• You are solely responsible for verifying the accuracy of your final stories.

x.3 Not medical or mental-health services

Fablr is a storytelling platform, not a healthcare provider. Recalling personal memories may bring up difficult emotions. Our service is not a substitute for professional therapy, counseling, or mental-health services. If you experience emotional distress while using Fablr, please consult a qualified mental-health professional.

Additionally, any health-related information you share in your stories is for personal narrative purposes only. Fablr does not provide medical advice, and our service is not HIPAA-compliant. Do not rely on Fablr for medical record-keeping or health-related decisions.

Not for emergencies: the biographer and Fablr's phone line cannot call 911, reach emergency services, or help in an emergency. If you or someone with you has a medical emergency, feels unsafe, or is thinking about self-harm, hang up and call 911, or call or text 988 for the Suicide & Crisis Lifeline.

x.4 No guarantee of data preservation

While we back up your content, we don't guarantee it will never be lost, corrupted, or deleted. You must maintain your own backups.

x.5 State-specific rights

Some states don't allow exclusion of certain warranties. If you're in one of those states, the exclusions above may not fully apply to you.

Section xi.Limitation of liability.

To the maximum extent permitted by California law:

xi.1 No liability for these damages

Fablr and its team are not liable for:

• Indirect, incidental, special, consequential, or punitive damages.
• Lost profits, revenue, or data.
• Loss of goodwill or reputation.
• Business interruption.
• Cost of substitute services.

This applies regardless of the legal theory and even if we knew these damages were possible.

These exclusions and limits do not apply to fraud, willful misconduct, personal injury caused by our negligence, or any other liability or remedy that the law does not allow us to exclude or limit.

xi.2 Total liability cap

Our total liability to you for all claims is limited to the greater of: the amount you paid us in the 12 months before the claim, or $100.

xi.3 What this covers

These limitations apply to claims about:

• Using or being unable to use the service.
• Unauthorized access to your content.
• Third-party conduct on the service.
• Anything else related to the service.

xi.4 Why these limits exist

These limitations reflect the allocation of risk between you and Fablr and are a material part of our agreement.

xi.5 State-specific rights

California and some other states don't allow limitation of liability for certain damages. If you're in one of those states, some limitations may not apply to you.

Section xii.Indemnification.

xii.1 You agree to protect Fablr

You agree to reimburse Fablr and its team for any third-party claims, damages, losses, or expenses (including reasonable attorney fees) that arise directly from:

• Content that you uploaded or created on the service.
• Your violation of these Terms.
• Your violation of any third party's rights.
• Giving us a phone number that is not yours or the storyteller's, or agreeing to anything for a storyteller without their permission.
• Letting another person take part in a recorded call without telling them it is recorded.

xii.2 How this works

If someone makes a claim against us because of something you did:

• We'll notify you promptly.
• We'll cooperate with you.
• You can control the defense.
• You can't settle without our approval if it affects us or doesn't fully release us.

Section xiii.Termination.

xiii.1 When these terms start

These Terms start when you first use Fablr and continue until terminated.

xiii.2 You can leave anytime

Terminate anytime by:

• Deleting your account in the Fablr iPhone or iPad app (Settings), or asking us to delete it on our privacy rights request form.
• Stopping use of the service.
• Emailing [email protected].

xiii.3 We can terminate too

We can suspend or terminate your access anytime, with or without cause. Reasons might include:

• Terms violations.
• Fraud or illegal activity.
• Extended inactivity (12 months or more without logging in or having a conversation).
• Law enforcement requests.
• Technical or security issues.
• Service discontinuation.

xiii.4 What happens after termination

When these Terms end:

• Your right to use Fablr stops immediately.
• Your paid plan access ends (subject to the refund terms above).
• You must stop using the service.
• Some sections survive — like liability limits, arbitration, and these termination terms.

xiii.5 Your data after termination

• If you delete your account in the app: you are signed out right away, and the account and its content are permanently deleted 30 days later. Write to us within those 30 days if you change your mind. Download your book and your archive before you delete.
• If you ask us to delete your data on our privacy rights request form: we delete it once we have confirmed the request comes from you, without a waiting period.
• If you simply stop using Fablr: your account and content stay, subject to Section xiii.3 and our Privacy Policy.
• If we terminate for cause: at least 7 days to download your content.
• If we terminate without cause: at least 30 days to download your content.

After these periods, we may permanently delete your content.

Section xiv.Dispute resolution.

xiv.1 Try to resolve issues informally first

Before filing any legal claim, contact us at [email protected] to try to resolve the issue. We'll work with you in good faith for 60 days. If we can't resolve it, either party can proceed with arbitration. Any deadline for bringing a claim, including a statute of limitations, is paused during those 60 days.

xiv.2 California law applies

These Terms are governed by California law, without regard to conflict-of-law rules.

xiv.3 Where legal actions happen

Subject to the arbitration provisions below, any legal action must be brought in California courts, and you consent to jurisdiction there.

Section xv.Arbitration and class-action waiver.

xv.1 Agreement to arbitrate

You and Fablr agree that disputes will be resolved through binding individual arbitration, not in court (except for the exceptions listed below).

This is governed by the Federal Arbitration Act and applies to all disputes, whether based on contract, tort, statute, fraud, or any other legal theory.

xv.2 Arbitration process

Arbitration will be conducted by JAMS (Judicial Arbitration and Mediation Services) using their Streamlined Arbitration Rules, together with the JAMS Consumer Arbitration Minimum Standards.

• Location: by phone or video, or in person in the county where you live or another place we both agree on.
• Costs: you pay no more than the consumer filing fee the JAMS Consumer Minimum Standards allow. Fablr pays all other JAMS filing, administration, and arbitrator fees.
• Attorney fees: each party pays its own attorney fees, unless the arbitrator awards fees to you under a law that allows it.
• Remedies: the arbitrator can award you the same individual relief a court could.
• Decision: the arbitrator's decision is final and binding.

xv.3 No class actions

You and Fablr agree disputes will be resolved only on an individual basis, not as a class action, consolidated action, or representative action.

The arbitrator can't consolidate multiple people's claims or preside over any class proceeding.

If a court decides that this class-action waiver cannot be enforced for a particular claim or request for relief, such as public injunctive relief where the law does not allow it to be waived, then that claim or relief is separated from the arbitration, paused until the arbitration ends, and decided by a court. Everything else stays in individual arbitration.

xv.4 Exceptions to arbitration

These disputes are not subject to arbitration:

• Small-claims court cases (if they stay in small-claims court and remain individual).
• Claims for intellectual property infringement requiring injunctive relief.

xv.5 You can opt out

To opt out, email or mail us:

Include your name, address, email, and a clear statement that you want to opt out of arbitration.

If you opt out, everything else in these Terms still applies, but disputes go to court instead.

xv.6 This survives termination

This arbitration agreement survives even if these Terms end or your account is closed.

Section xvi.Force majeure.

We're not liable for delays or failures to perform due to events beyond our reasonable control, including:

• Natural disasters, pandemics, or acts of God.
• War, terrorism, or government actions.
• Internet or telecommunications failures.
• Strikes or labor disputes.
• Cyberattacks or security incidents.

If a force majeure event lasts more than 90 days, either party can terminate the affected paid plan with a prorated refund.

Section xvii.General provisions.

xvii.1 Entire agreement

These Terms and our Privacy Policy are the complete agreement between you and Fablr about the service. They replace all prior agreements.

xvii.2 Severability

If any part of these Terms is found invalid or unenforceable, the rest remains in effect.

xvii.3 No waiver

If we don't enforce a provision, that doesn't mean we waive our right to enforce it later. Waivers must be in writing.

xvii.4 Assignment

You can't transfer these Terms to anyone else without our permission. We can transfer them, including in connection with a merger, acquisition, or sale.

xvii.5 No third-party rights

These Terms give rights and benefits only to you and Fablr, not to anyone else.

xvii.6 Notices

We'll send you notices by email to your registered address or by posting in your account. Send us notices at:

xvii.7 Language

These Terms are in English. Any translations are for convenience only.

xvii.8 Relationship

Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship.

xvii.9 Export control

You can't use Fablr in violation of U.S. export laws. You confirm you're not in an embargoed country or on any U.S. government restricted-party list.

xvii.10 Government users

If you're a U.S. government entity, the service is a "Commercial Item" under federal regulations, and your rights are limited to those in these Terms.

xvii.11 California residents

California Consumer Rights Notice: under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs:

• Mail: 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834.
• Phone: (916) 445-1254 or (800) 952-5210.

Section xviii.Contact information.