Terms of Service

1. Acceptance of Terms

By accessing or using the DearTiny website at deartiny.com (the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Service.

These Terms apply to all visitors, users, and others who access or use the Service, including parents and guardians who create personalized books on behalf of their children. You must be at least 18 years of age to use this Service. By using the Service, you represent and warrant that you are at least 18 years old.

2. Account Registration

To access certain features of the Service, you must create an account. When you create an account, you agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information to keep it accurate and complete
• Maintain the security of your password and accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account or any other breach of security

We reserve the right to suspend or terminate your account if any information provided is found to be inaccurate, incomplete, or fraudulent, or if you violate any provision of these Terms.

3. Products & Services

DearTiny provides the following products and services:

• Personalized children's books: AI-generated illustrated storybooks featuring your child as the main character, available as premium hardcover printed books
• Custom book creation: Tools to upload photos, select or generate stories, choose art styles, and customize text and layout using our interactive editor
• Merchandise: Personalized products including posters, mugs, stickers, and t-shirts featuring your child's AI-generated character
• Subscription service (DearTiny+): A monthly subscription plan that provides one personalized book per month along with additional benefits

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, including the availability of any feature, story template, or art style, with or without notice.

4. Pricing & Payment

Current pricing for our products is as follows:

• Single hardcover book: $49.99
• DearTiny+ subscription: $39.99/month (includes one hardcover book per month)
• Bulk discount: $39.99 per book when ordering 2 or more
• Standard shipping: $4.99 (free on orders over $75 or with DearTiny+ subscription)

All prices are in US dollars and are subject to change. We will notify existing subscribers of any price changes at least 30 days before they take effect. Applicable taxes will be calculated and added at checkout based on your shipping address.

Payments are processed securely through Stripe. By providing your payment information, you authorize us to charge the applicable fees to your payment method. You represent and warrant that you have the legal right to use any payment method you provide.

5. Subscription Terms

The DearTiny+ subscription is governed by the following terms:

• Billing: Subscriptions are billed on a recurring monthly basis. Your payment method will be charged automatically on the same day each month.
• Auto-renewal: Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date.
• Cancel anytime: You may cancel your subscription at any time through your account settings or by contacting us. Cancellation takes effect at the end of the current billing period. You will retain access to subscriber benefits until that date.
• Rollover credits: If you do not use your monthly book credit, it rolls over to the next month. You may accumulate up to 3 rollover credits. Unused credits beyond 3 are forfeited.
• Subscriber benefits: Active subscribers receive free standard shipping on all orders, 20% off merchandise, and access to exclusive subscriber-only story templates.

Upon cancellation, any unused rollover credits will remain available until the end of your current billing period. After that, unused credits expire and cannot be redeemed or refunded.

6. Intellectual Property

The DearTiny service, including its website, branding, software, story templates, and AI technology, is owned by DearTiny and is protected by copyright, trademark, and other intellectual property laws.

AI-Generated Content

When you create a personalized book using our Service, the AI-generated illustrations and any AI-generated story text are created specifically for you. You receive a non-exclusive, worldwide, royalty-free license to use, reproduce, and display the content of your personalized book for personal, non-commercial purposes. This means you may share your book, display it, and give it as a gift, but you may not reproduce it for sale or commercial distribution.

Our Content

All story templates, pre-written narratives, website design, logos, and other proprietary content remain the intellectual property of DearTiny. You may not copy, modify, distribute, or create derivative works from our content without express written permission.

7. User Content & Photos

License Grant

By uploading photos or other content to our Service, you grant DearTiny a limited, non-exclusive, royalty-free license to use, process, and store your content solely for the purpose of providing and improving our Service. This includes using uploaded photos to generate AI cartoon characters and producing your personalized books. This license terminates when you delete your content or your account.

Your Representations

By uploading content, you represent and warrant that:

• You own the photos you upload or have obtained permission from the photographer to use them
• You are the parent or legal guardian of any child depicted in the photos, or have obtained written consent from their parent or legal guardian
• The content does not violate the privacy rights, publicity rights, intellectual property rights, or any other rights of any person

Acceptable Use

You agree not to upload content that is illegal, harmful, threatening, abusive, defamatory, obscene, or otherwise objectionable. We reserve the right to remove any content that violates these Terms or that we find inappropriate, and to suspend or terminate accounts that engage in prohibited behavior.

8. Refund Policy

We stand behind the quality of every book we produce. We offer a 30-day money-back guarantee on all physical book orders. If you are not satisfied with your book due to quality issues, printing defects, or if you received the wrong order, we will provide a full refund or reprint at no additional cost.

For complete details on our refund process, what's covered, subscription cancellations, and non-refundable items, please see our full Refund Policy.

9. Shipping & Delivery

All books are printed on demand by our fulfillment partner, Gelato, using premium materials. Shipping terms are as follows:

• Production time: Books typically take 2-3 business days to print after you approve your order.
• Standard shipping (US): 3-5 business days after production. Cost: $4.99 (free for orders over $75 or with DearTiny+ subscription).
• International shipping: 7-14 business days after production. Costs vary by destination and are calculated at checkout.
• Expedited shipping: Available at an additional cost, calculated at checkout.

Delivery times are estimates and are not guaranteed. DearTiny is not responsible for delays caused by carriers, customs processing, or events beyond our control. Risk of loss and title for items purchased pass to you upon delivery to the carrier.

10. Limitation of Liability

To the maximum extent permitted by applicable law, DearTiny, its officers, directors, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:

• Your access to, use of, or inability to use the Service
• Any conduct or content of any third party on the Service, including the actions of printing and fulfillment partners
• Any content obtained from the Service
• Unauthorized access, use, or alteration of your content or transmissions

In no event shall our aggregate liability for all claims relating to the Service exceed the greater of one hundred dollars ($100) or the amount you paid to DearTiny in the twelve (12) months prior to the event giving rise to the liability.

The Service is provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the state and federal courts located in the State of Delaware.

Any claim or cause of action arising out of or related to your use of the Service or these Terms must be filed within one (1) year after such claim or cause of action arose, or it shall be forever barred.

12. Changes to Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion. When we make material changes, we will notify you by email or by posting a prominent notice on our website at least 30 days before the changes take effect. Your continued use of the Service after any changes constitutes your acceptance of the updated Terms.

13. Contact Us

If you have any questions about these Terms of Service, please contact us:

• Email: hello@deartiny.com
• Website: deartiny.com

See also our Privacy Policy and Refund Policy.