Terms of Use for Fizlo
Effective Date: April 5, 2025
1. AGREEMENT BETWEEN USER AND FIZLO
This End User License Agreement ("EULA" or "Agreement") is a binding agreement between you ("End User" or "you") and Fizlo Pty Ltd ("Fizlo", "we", "us") regarding your use of the Fizlo mobile application (the "App"). This Agreement is not with Apple Inc. ("Apple"). Fizlo, not Apple, is solely responsible for the App and its content.
2. ACCEPTANCE OF TERMS
By downloading, installing, or using the App, you agree to be bound by this Agreement and our Privacy Policy. If you do not agree to these terms, you must not download, install, or use the App.
3. AGE RESTRICTION
You must be at least 18 years old to use this App. By using the App, you represent and warrant that you are 18 years of age or older.
4. SCOPE OF LICENSE
The license granted to you for the App is:
- Limited to a non-transferable, non-exclusive right to use the App on any Apple-branded products you own or control
- Subject to the Usage Rules set forth in Apple's App Store Terms of Service
- Limited to personal, non-commercial use
- Not inclusive of any ownership interest in the App
You may not: distribute, rent, lease, lend, sell, sublicense, assign, transfer, modify, adapt, translate, reverse engineer, decompile, or create derivative works of the App.
5. SERVICE DESCRIPTION
Fizlo generates stories for children based on information you provide. The App processes details you submit and uses third-party AI providers to generate narrative content and images. The content is provided for entertainment purposes only, and you are solely responsible for reviewing its appropriateness before sharing with children.
6. USER RESPONSIBILITIES
You agree to:
- Provide accurate, current, and complete information when using the App
- Ensure any information you submit does not violate third-party rights
- Review all generated content before sharing with children
- Acknowledge that generated content is not a substitute for professional advice or judgment
7. MAINTENANCE AND SUPPORT
Fizlo, not Apple, is solely responsible for providing maintenance and support services for the App. Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the App.
8. DATA COLLECTION AND PRIVACY
Your personal information, including details provided to generate content, is collected, stored, and processed in accordance with our Privacy Policy. We take reasonable measures to secure your information; however, no security measures are perfect or impenetrable.
9. WARRANTY
The App is provided "as is" and "as available" without warranty of any kind. To the maximum extent permitted by law, Fizlo disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.
Apple has no obligation whatsoever to furnish any warranty with respect to the App.
10. PRODUCT CLAIMS
Fizlo, not Apple, is responsible for addressing any claims relating to the App or your possession and/or use of the App, including but not limited to: product liability claims, any claim that the App fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection, privacy, or similar legislation.
11. INTELLECTUAL PROPERTY RIGHTS
You acknowledge that:
- All content generated by the App is the property of Fizlo
- All intellectual property rights in the App belong to Fizlo
- You may not reproduce, distribute, modify, or create derivative works from the content without prior written consent from Fizlo
In the event of any third-party claim that the App or your possession and use of the App infringes intellectual property rights, Fizlo, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim.
12. THIRD-PARTY SERVICES
The App uses third-party AI providers to generate content. Fizlo is not responsible for errors or issues arising from these third-party services. Your use of the App and reliance on its generated content is entirely at your own risk.
13. LEGAL COMPLIANCE
You represent and warrant that:
- You are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country
- You are not listed on any U.S. Government list of prohibited or restricted parties
- You will comply with all applicable laws and regulations in your use of the App
14. LIMITATION OF LIABILITY
In no event shall Fizlo, its affiliates, officers, directors, employees, or agents be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of the App. Some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages; in such cases, our liability shall be limited to the fullest extent permitted by applicable law.
15. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Fizlo from any claims arising out of or related to your use of the App, violation of this Agreement, or infringement of third-party rights.
16. DISPUTE RESOLUTION AND GOVERNING LAW
Governing Law: This Agreement shall be governed by Australian law
Jurisdiction: Legal actions shall be brought exclusively in Australian courts
Mandatory Arbitration: Disputes must be resolved by binding arbitration in Australia
17. THIRD-PARTY BENEFICIARY
Apple and its subsidiaries are third-party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary.
18. MODIFICATIONS TO TERMS
Fizlo reserves the right to modify this Agreement at any time. Your continued use following any changes constitutes acceptance of the new terms.
19. CONTACT INFORMATION
For questions regarding this Agreement, please contact:
Email: support@fizlo.ai
20. TERMINATION
This license is effective until terminated. Your rights under this license will terminate automatically without notice if you fail to comply with any of its terms. Upon termination, you shall cease all use of the App and destroy all copies.
By downloading, installing, or using the App, you acknowledge that you have read, understood, and agree to be bound by this Agreement.