Last updated: 03 October 2024

1. General

Pickatale AS and its affiliates throughout the world ("Pickatale", "us", "we" or "our") provide the reading platform (the "Pickatale Platform"), website and related services (commonly referred to as the "Services"). These terms and conditions of service (the "Terms") govern the end user’s use of the Services. When you access and/or use our Services, you represent that you have read, understood and agree to be bound by these Terms and our Acceptable Use Policy, including any future modifications. Pickatale may, at any time, amend or update these Terms.

IMPORTANT NOTE: Pickatale consists of a diverse group of people and as a company we are fully supportive and respectful of everyone’s differences. We strive to make our Services a positive, useful and safe user experience for you and other users. If you do not agree with these Terms, you are not authorised to use, access or participate in the Services. We reserve the right to ban any user, temporarily or permanently, upon any misuse (for example if you produce offensive material) of our Services or non-compliance with these Terms or Acceptable Use Policy. A ban may also result in the forfeit of any credits purchased.

2. Description of the services

The Services include the Pickatale platform (the "Pickatale Platform"), which is a subscription-based reading platform designed to encourage kids to read at home and in the classroom. In the Pickatale Platform you have access to an extensive interactive library and you can also make your own interactive book by using our AI features. Please note that your access to books and functionality may depend on your account and country from which you access the Pickatale Platform. To provide the AI features in the Pickatale Platform, we rely on third party services from amongst others OpenAI and Stability AI. You will find more information on AI features and links to relevant terms in section 7.

3. Access and acceptable use

3.1 Minimum age

You must be at least 13 (thirteen) years old to use the Services, unless you have a parent’s or guardian’s permission to use the Services and you are authorized to use our Services by your Organization.

3.2 Access and registration

You must provide accurate and complete information to register for a Pickatale account. You may not share your account or make your account available to anyone else and you are responsible for all activities that occur under your account.

3.3 Acceptable use

By using our Services, you confirm that you have read, that you will be bound by and adhere to our acceptable use policy (the "Acceptable UsePolicy"). Our Acceptable Use Policy contains ground rules on how you may and may not use the Pickatale platform, in particular with regard to the AI features. Our Acceptable Use Policy is an integral part of our Terms and a breach of the Acceptable Use Policy will also constitute a breach of our Terms.

4. Operation of the Services

Pickatale will use its best efforts to operate and maintain the Services. Pickatale may at any time update or modify the Services to improve functionality or for other reasons. Pickatale reserves the right to modify, terminate, cancel or refuse to provide the Services at any time due to business considerations or due to circumstances that may have affected Pickatale.

Pickatale remains owner of all rights, title, and interest in and to the Services, including the software, trademarks, designs and graphics on the Pickatale Platform.

5. Use of the Services

Subject to these Terms and the Acceptable Use Policy, Pickatale grants you a limited, non-exclusive right and non-transferrable right to download, install, access and use the Services, including to create content for reading, teaching or educational purposes, on a device you own or control.

When using the Services you must comply with these Terms, including our Acceptable Use Policy, and all applicable laws. Pickatale reserves the right to remove any content or to suspend your account should you use the Services in violation of these Terms.

6. Content

6.1 Your Content

When providing input to the AI features on the Pickatale Platform, you will receive output generated by the AI features. You are granted an exclusive right to use and modify such outputs on the Pickatale Platform in accordance with these Terms. Outputs generated by AI features on the Pickatale Platform as well as any modifications of such outputs are hereinafter referred to as "Your Content". Use of Your Content is strictly limited to use on the Pickatale Platform and for educational purposes. You may not use, distribute, reproduce, download and/or use any of Your Content for commercial purposes.

To the extent that Your Content includes modifications you have made to outputs generated by AI features on the Pickatale Platform, you hereby grant Pickatale the right to use such modifications in the same manner and for the same purposes as described in these Terms for the use of other parts of Your Content. You may keep Your Content private on the Pickatale Platform and Pickatale will only use such private content for the purpose of providing the Services to you and improving the services as described in these Terms.

You may also make Your Content public on the Pickatale Platform. If you have made Your Content public, Pickatale may use, copy, reproduce, process, modify, publish, and/or publicly display Your Content. In addition, other users may access and use Your Content as enabled by the Services.

You are responsible for Your Content, including ensuring that Your Content does not violate any applicable law, intellectual property right of any third party, or these Terms. Pickatale does not undertake any liability with regard to such violation.

Pickatale may use Your Content as necessary to (i) provide, maintain, develop and improve the Services, (ii) to comply with applicable law and (iii) monitor the adherence to and enforce these Terms and/or Acceptable Use Policy.

6.2 Similarity of content

Due to the nature of machine learning, output generated by the AI features ("Content") generated when you use our Services may not be unique as the Services may generate the same or similar content for more than one user. Furthermore, Content may be the same or similar to content that already exists. Content that is not generated by you, including content generated for other users, is not considered Your Content.

6.3 Third party content

You may access and use Content that has been made public by other users educational purposes and as set out in these Terms. Pickatale is not responsible for such content and assumes no liability for such content or the use thereof.

7. Third party providers of AI features

The AI features in the Pickatale Platform are based on services from third-parties providers, currently: OpenAI, Stability AI, Eleven Labs, DeepL and Replicate.

Any input may be used by these third parties providers for purposes related to their business, including model training and improvement.

You should not use or provide any information in your input that is sensitive, including your own or any other third person’s personal data. Any use of sensitive information is at your own risk and Pickatale does not undertake any liability with regards to your use of such information.

8. Privacy and data protection

You may read more about our processing of your personal data in the Privacy Notice.

9. Subscription, fee and payment

9.1 Subscription fees

The subscription fees for the Services are based on a monthly or annual fee and vary based on your country of residence. All fees are payable upfront and must be paid in full prior to accessing the Services.

For consumer customers all listed fees include applicable value added tax (VAT). Consumer customers are responsible for the full payment of the fees including VAT as specified at the time of purchase.Subscription fees for our business customers are subject to negotiations and do not include VAT or other taxes, which will be charged as applicable and are the responsibility of the B2B customer.

9.2 Payment

Payment of subscription fees must be made upfront. No access to the Services will be granted until payment is received in full. Accepted methods of payment will be outlined during the subscription process.

9.3 Amendments to pricing

Pickatale reserves the right to amend the subscription fees at any time. Such amendments will be effective for any new subscriptions or renewals that occur after the date the amended prices are published. Existing customers will be notified of any price changes and will have the option to cancel their subscription before such changes take effect.

10. Indemnity, disclaimer and limitations of liability

10.1 Indemnity

You will defend, indemnify and hold harmless Pickatale from and against any claims, losses, and expenses (including attorneys’ fees) arising from or relating to (i) a breach of these Terms by yourself, (ii) your use or misuse of the Services, including your input, Content and Your Content, and/or (iii) violation of applicable law.

10.2 Disclaimer: Services provided "as is"

The Services are offered "as is" and Pickatale makes no warranties with respect to the Services and the content contained therein, including warranties for merchantability, fitness for a particular purpose, non-infringement, or title. Moreover, Pickatale does not warrant that the Services will be uninterrupted, accurate or error free, or that any content will be secured or not lost or altered.

10.3 Limitation of liability

Pickatale, including its employees, officers, directors, and agents, shall not be liable for any kind of loss, injury, claim, or damages resulting from your use of the Services.

You are solely responsible for ensuring that your use of the Pickatale Platform complies with applicable law and does not violate the rights of any third party, including intellectual property rights. You assume all liability for any claims filed against you, including damages related to your use of the Platform.

Pickatale shall not be liable for any losses, injuries, claims, or damages from your violation or breach of the Terms.

11. Termination

Pickatale may, temporarily or permanently, terminate the Services or your user account, or remove you from the Pickatale Platform at any time, for any reason, solely at Pickatale's discretion. Upon termination, your right to use the Services will immediately cease without any right to get a refund or an exchange.

If you wish to terminate your account, you may simply discontinue using our Services. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

12. Export control

You represent and warrant that you will comply with any and all applicable sanctions and export controls issued by any sanctions authority relevant to either Pickatale or you, including the EU and its member states, the UN, the UK, the US, and Norway (each a "Sanctions Authority").

You represent and warrant that you are not designated on any sanctions or export control lists issued by any Sanctions Authority or acting on behalf of any persons or entity designated on such list.

13. General terms

13.1 Modifications of Terms

These Terms, our Acceptable Use Policy or other policies may be amended from time to time. If amended, Pickatale will provide a revised version of its Terms to the email associated with your account or by providing a notification on the Pickatale Platform. Amendments will become effective no sooner than 14 (fourteen) days after notice has been provided.

13.2 Feedback or complaints

Pickatale welcomes your feedback, comments, ideas, proposals and suggestions for improvements of the Pickatale Platform ("Feedback"). If you provide such feedback, Pickatale may use it without any restrictions or compensation to you.

If you believe that your intellectual property rights have been infringed, please send a notice to the address set out in section 15. We may remove public content and take other appropriate actions to prevent any infringement of intellectual property rights.

14. Governing law and jurisdiction

These Terms are governed by the laws of Norway and all claims arising out of or relating to these Terms be brought before the Oslo District Court.

15. Contact information

If you have any question regarding the Terms or feedback, please feel free to contact us at hei@pickatale.com.