Terms of Service

1. Agreement to Terms

By accessing and using Hear Their Name (the "Service"), you agree to be bound by these Terms of Service ("Terms"). These Terms form a legally binding agreement between you and BuiltSmarter, operator of Hear Their Name. If you do not agree to these Terms, please do not use the Service.

Hear Their Name is designed for creating personalised audio stories for children aged 2-14. By purchasing and using this Service, you confirm that you are the parent or legal guardian of the child for whom you are creating stories, or you have parental consent to do so.

2. Service Description

Hear Their Name is a personalised audio story creation service. Here's what we provide:

• Personalised audio stories tailored to your child's name, age, interests, and preferences
• One-time payment of GBP 19.99 for story creation and delivery
• Stories generated using artificial intelligence (Anthropic Claude) and synthesised voice narration (ElevenLabs)
• Stories delivered and stored in our cloud system (Supabase) for indefinite access
• Email support and account management

3. Eligibility and Account Responsibility

To use Hear Their Name, you must:

• Be at least 18 years old or have parental consent
• Be the parent or legal guardian of the child for whom you are purchasing stories
• Provide accurate and truthful information during account registration
• Maintain the confidentiality of your account credentials
• Accept responsibility for all activity on your account

You are responsible for keeping your login information secure. If you suspect unauthorised access, notify us immediately at jamie@heartheirname.com.

4. Payment and Pricing

Pricing:

Stories are priced at GBP 19.99 per story, plus applicable UK VAT if applicable. Prices are subject to change with notice.

Payment Processing:

• Payments are processed securely via Stripe
• Hear Their Name does not store or have access to your credit or debit card details
• By providing payment information, you authorise the charge to your account
• Receipts are provided via email for your records

Billing Errors:

If you believe you have been charged in error, contact jamie@heartheirname.com within 30 days with evidence of the disputed charge. We will investigate and resolve the matter promptly.

5. Refund Policy

How to Request a Refund:

1. Email jamie@heartheirname.com with your request
2. Include your order number and reason for the refund
3. We will process your refund within 10 business days
4. Refunds will be credited back to your original payment method

Refund Conditions:

• Refunds are available for 30 days from the date of purchase
• After 30 days, refunds are at our discretion
• We reserve the right to refuse refunds for fraudulent purchases

6. Intellectual Property Rights

Your Content:

You retain all rights to the personal information and preferences you provide to create stories (your child's name, interests, etc.). However, you grant Hear Their Name the right to use this information solely to create personalised stories for you.

Generated Stories:

Stories created using the Service are generated for your personal use only. You may download, store, and share these stories with your child and family members. You may not:

• Republish or redistribute stories publicly or commercially
• Use stories for commercial purposes without written permission
• Claim authorship of stories or modify them for resale
• Use stories to train other AI models without permission

Hear Their Name Content:

All Hear Their Name branding, website design, software, and service materials are owned by BuiltSmarter and protected by copyright and trademark law. You may not copy, modify, or distribute these materials without permission.

7. User Conduct and Prohibited Activities

You agree not to use Hear Their Name for any illegal, harmful, or abusive purposes. Specifically, you must not:

• Violate any local, national, or international laws
• Provide false information about a child's identity or age
• Harass, abuse, or threaten other users or staff
• Attempt to access unauthorised areas of the Service
• Upload or share malware, viruses, or harmful code
• Use the Service to create content that is illegal, harmful to children, or exploitative
• Attempt to reverse engineer, decompile, or hack the Service
• Resell or redistribute the Service without authorisation
• Use automated tools (bots, scrapers) without permission
• Interfere with the normal operation of the Service

Violation of these terms may result in immediate account termination and legal action.

8. Child Safety and Parental Responsibility

Hear Their Name is designed to be safe and age-appropriate for children aged 2-14. However, as a parent or guardian, you are responsible for:

• Supervising your child's use of the Service in accordance with their age
• Ensuring the personal information you provide is accurate
• Monitoring your child's interaction with the Service
• Setting appropriate screen time limits
• Reviewing the stories created before your child listens

While we take reasonable steps to ensure stories are safe and appropriate, you acknowledge that no system is perfect. Report any concerns about content safety to jamie@heartheirname.com immediately.

9. Limitation of Liability

To the maximum extent permitted by law, BuiltSmarter is not liable for:

• Indirect, incidental, or consequential damages
• Loss of profits, data, or goodwill
• Service interruptions or technical failures
• The quality or accuracy of generated stories
• Third-party service failures (Stripe, Supabase, ElevenLabs, etc.)

Our total liability for any claim arising from these Terms or your use of the Service is limited to the amount you paid for the Service (GBP 19.99).

10. Service Availability and Maintenance

We aim to maintain Hear Their Name 24/7, but we do not guarantee uninterrupted availability. We may temporarily suspend or interrupt the Service for:

• Scheduled maintenance and updates
• Emergency repairs and security patches
• Technical issues beyond our control
• Third-party service outages

We will provide reasonable notice where possible. We are not liable for loss or damage resulting from these interruptions.

11. Termination of Service

By You:

You may request account termination at any time by emailing jamie@heartheirname.com. Upon termination, you will lose access to your account and downloaded stories (unless you have previously downloaded them). You will not receive refunds for previously purchased stories.

By Us:

We reserve the right to suspend or terminate your account immediately if you:

• Violate these Terms of Service
• Violate applicable laws
• Engage in fraud or misrepresentation
• Abuse the Service or other users
• Fail to pay for services

Upon termination, your personal data will be handled according to our Privacy Policy.

12. Third-Party Services

Hear Their Name uses third-party services to deliver the Service. These include Stripe (payments), Supabase (storage), ElevenLabs (voice), and Anthropic (AI). These services are subject to their own terms and privacy policies. We are not responsible for their services, but we have contractual agreements to ensure they protect your data.

Your use of Hear Their Name constitutes acceptance of the terms of these third-party services where applicable.

13. Warranty Disclaimer

The Service is provided "as is" without warranties of any kind, express or implied. We do not warrant that:

• Stories will meet your specific expectations
• The Service is error-free or uninterrupted
• Generated content will always be accurate or appropriate
• Voice narration quality will be perfect

AI-generated content may occasionally contain errors or oddities. While we review stories for safety, you are responsible for reviewing content before sharing with your child.

14. Indemnification

You agree to indemnify and hold harmless BuiltSmarter, its directors, employees, and agents from any claims, damages, or costs arising from:

• Your violation of these Terms
• Your misuse of the Service
• Content you provide for story creation
• Your violation of third-party rights
• Your violation of applicable laws

15. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes via email to the address on your account, and we will update the "Last Updated" date on this page. Your continued use of the Service after changes become effective constitutes your acceptance of the updated Terms.

16. Governing Law and Dispute Resolution

Governing Law:

These Terms are governed by and construed in accordance with English law and the laws of the United Kingdom. Any legal action or dispute must be resolved in the courts of England and Wales.

Dispute Resolution:

Before pursuing legal action, we encourage you to contact us to resolve disputes informally. Email jamie@heartheirname.com with a detailed description of your dispute. We will respond within 14 days and attempt to reach a resolution.

17. Contact Information

For questions about these Terms, to report violations, or to pursue disputes, please contact:

18. Severability

If any provision of these Terms is found to be unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, or if that is not possible, it will be severed. The remaining provisions will continue in full force and effect.

19. Entire Agreement

These Terms of Service, together with our Privacy Policy, constitute the entire agreement between you and BuiltSmarter regarding your use of Hear Their Name. These Terms supersede all prior agreements and understandings, whether written or oral.

20. Acknowledgment

By clicking "I Agree" during account creation or by using Hear Their Name, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy.