Terms of Service

1.Acceptance of these Terms

You accept these Terms by any of the following: installing or opening the app, making a hero, adding an email, or subscribing to Premium. Acceptance is by conduct; you do not need to sign anything.

You must be an adult (18 or over, or the age of majority where you live) to accept these Terms. If you let a child use the app, you accept these Terms on the child’s behalf and are responsible for the child’s use of the Service.

These Terms constitute an electronic record under the Information Technology Act, 2000 and do not require any physical or digital signature.

2.Definitions

• "Account": the account our server creates for the app on first launch, identified by a random ID, together with everything held on it (its heroes, its plan and, if added, an email address).
• "Hero": a cartoon character drawn by the Service from a photo, with the name you give it.
• "Photo": the photo of a child that you take or choose in the app to make a Hero.
• "Premium": the paid subscription described in "Premium subscriptions".
• "Content": the stories, episodes, characters, artwork, narration, music and sound in the app, and the app itself.
• "Store": Google Play or the Apple App Store, whichever you obtained the app from.

3.Who may use the Service

The app is designed for children aged about 3 to 8, under the supervision of a parent or guardian. Children use the kids’ area: they pick a hero and a story and watch.

Everything else is for adults only: making a Hero, subscribing or restoring purchases, adding an email, changing settings and following links out of the app. These sit behind a parental gate. The gate is designed to keep young children out, not to verify identity; you must not help a child get past it, and you are responsible for anything done through the grown-ups’ area on your phone.

You may not use the Service if you are barred from doing so under any applicable law, or if we have previously terminated an Account of yours for breach.

4.Your Account and your phones

There is no sign-up. On first launch the app creates an anonymous Account and remembers the phone, so that reinstalling the app on the same phone gives the same Account back. Whoever has the phone, or the email address added to the Account, controls the Account.

• Email (optional). You can add an email address in the grown-ups’ Account page and sign in with a 6-digit code sent to it. This lets you use your Heroes and Premium on another phone.
• Two phones at a time. An Account with an email can be used on up to two phones at once. Signing in on a third phone signs the oldest one out; that phone goes back to its own Account.
• One free allowance per phone. The free plan’s Hero allowance belongs to the phone as well as the Account. Reinstalling the app, clearing its data, signing out or deleting your data does not give a phone a new free allowance.
• Losing a phone. If you never added an email and the phone is lost, reset or replaced, the Account cannot be moved to another phone and we cannot recover it for you. A Premium subscription can still be restored on a new phone through the Store with the same Store account.
• Your responsibility. You are responsible for everything done through your Account, and for keeping control of your phone and your email address. You may not share, sell or transfer an Account, or create Accounts by automated means.

5.Making a Hero: the photos you may use

By taking or choosing a Photo in the app, you confirm that:

• you are the parent or legal guardian of the child in the Photo, or you have the permission of that child’s parent or legal guardian to use the Photo to make a Hero;
• the Photo shows that one child, and no one else; you must not upload a photo of any other person, adult or child;
• you have the right to use the Photo, and using it in the Service does not infringe anyone else’s rights; and
• you have read the "Before we start" screen and the Privacy Policy, and you agree to the Photo being sent to our server and processed by our AI drawing service (Anthropic’s Claude) to draw the Hero, as described there.

We do not keep the Photo. We use it once to draw the Hero and keep the drawing and the name you give it. You grant us a limited, worldwide, royalty-free licence to process the Photo, the drawing and the name only as needed to provide the Service to you, for as long as the Hero exists.

The AI and its safety checks may decline a Photo, for example one that shows no person, more than one person, or anything unsuitable. You must not try to get around those checks or use the Service to draw anything harmful, offensive or unlawful.

6.Heroes are cartoon interpretations

A Hero is a storybook cartoon, not a portrait. It is drawn by our software from a description that an AI model makes from the Photo, using a fixed set of cartoon shapes, colours and clothes.

• It will not be an exact likeness. Hair, skin tone, clothes, glasses and other details are simplified, and the AI may misread or leave out some of them. Logos, text and characters on clothing are never copied, and face coverings are not drawn.
• Results vary. The same Photo can give a slightly different Hero each time. If you are not happy with a Hero, you can try another photo within your plan’s limits.
• No guarantee. We do not promise that a Hero can be drawn from any particular Photo, or that a Hero will look the way you expect.

7.Licence to use the app

Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable licence to install and use Bedtime Heroes on devices you own or control, for the private, non-commercial enjoyment of you and your family. This is a licence to use, not a sale, and no ownership passes to you.

The licence ends automatically when your right to use the Service ends, and you must then stop using the app and delete it.

8.Free plan and Premium

Bedtime Heroes can be used without paying. The free plan includes the stories marked as free in the app, one Hero and a small number of Hero drawings in total (currently 3, counted per Account and per phone).

Premium unlocks every fairy tale and every Starlight Adventures episode, up to 5 Heroes, more Hero drawings (currently up to 10 a day), and stories downloaded for offline play. The paywall in the app always shows what each plan includes.

We may change what each plan includes, for example by adding stories. Where a change materially reduces what a current Premium subscription includes, we will give reasonable notice in the app.

9.Premium subscriptions

Billing. Premium is sold as an in-app subscription through Google Play on Android and the Apple App Store on iPhone, under the Store’s terms and payment methods, at the price shown in the app in your Store currency, inclusive of any taxes the Store collects. We never receive your card, UPI or bank details. We use RevenueCat to process subscriptions on our behalf.

• Plans. Yearly or monthly. Both renew automatically at the end of each period, at the then-current price, and the Store charges your payment method, until you cancel.
• Free trial. The yearly plan comes with a 7-day free trial for new subscribers. An Account that has had Premium before, or a Store account that has had the trial, may not be offered it again. Unless you cancel before the trial ends, the yearly price is charged when it ends and the subscription renews every year after that.
• Cancelling. Cancel any time in the Store: in Google Play on Android, or on iPhone in Settings → Apple Account → Subscriptions. The app’s Plan page has a "Manage in Google Play" or "Manage in App Store" button that takes you there. We cannot cancel for you, and uninstalling the app or deleting your data does not cancel a subscription. After you cancel, Premium stays on until the end of the period you have paid for, then the Account returns to the free plan.
• Payment problems. If a renewal payment fails, the Store may give you a grace period to fix it; Premium ends if it is not fixed.
• Restoring. Premium belongs to the Account that bought it. You can restore it on a new phone with the same Store account ("Restore purchases"), or by signing in with the email added to the Account.
• Price changes. We may change subscription prices. The Store tells you before a price increase applies to your subscription, and asks for your agreement where its rules or the law require it. A change never affects a period you have already paid for.
• Delivery. Premium turns on once our server has confirmed the purchase, normally within seconds. If it has not, use Restore purchases or contact us.

10.Refunds

We do not issue refunds ourselves. Because the Store is the merchant, any refund request must be made to the Store under its own refund policy and time limits: Google Play’s refund policy, or Apple’s process for requesting a refund. We cannot issue, compel or reverse a Store refund. If a subscription is refunded, Premium ends.

If you were charged in error or something went wrong, write to us at [email protected] with your Store order number, and we will help with your request to the Store.

Nothing in this section limits any right you have that cannot lawfully be excluded, including under the Consumer Protection Act, 2019 or the consumer law of the country you live in.

11.Stories, characters and intellectual property

The Service and its Content, including the Bedtime Heroes and Navaye names and logos, the Starlight Adventures series, the characters Tilo the firefly and Grumble the cloud, our retellings of fairy tales, and all artwork, animation, narration, music, sound, text and software, are owned by Navaye or its licensors and protected by Indian and international intellectual property law. The traditional fairy tales themselves are in the public domain; our versions of them are not. All rights not expressly granted are reserved.

You may watch the Content in the app for your family’s private enjoyment. You may not copy, record, rebroadcast, publicly perform, sell or distribute it, or use it to train any AI model, except where the law allows despite this restriction.

The Heroes are drawn by our software for you to use in the app. You may take screenshots of your own child’s Hero for personal, non-commercial use.

The app includes third-party works, such as fonts and open-source software, used under their own licences. Those licences govern your use of the works they cover, and nothing in these Terms limits the rights they give you.

If you send us feedback, suggestions or ideas, you grant us a perpetual, irrevocable, worldwide, royalty-free right to use them without restriction, attribution or compensation.

12.Acceptable use

You must use the Service lawfully and as intended. You must not, and must not help anyone else to:

• Upload a photo of anyone other than a child you are the parent or legal guardian of, or have that guardian’s permission for, or a photo you have no right to use.
• Use the Service to draw, identify, track or harass any person, or for anything harmful, sexual, hateful or unlawful.
• Tamper with, modify, repackage, reverse engineer, decompile or disassemble the app, or extract its code, keys, credentials or Content, except to the narrow extent such a restriction is unenforceable under applicable law.
• Get around the parental gate on a child’s behalf, the plan limits, or the per-phone free allowance, for example by faking device identifiers or creating Accounts by automated means.
• Access or try to access another person’s Account, or our servers, other than through the app as designed.
• Probe, scan or test the vulnerability of the Service, breach or get around any security or rate limit, or impose an unreasonable load on it.
• Use the Service in breach of the Store’s terms or any law.

We may refuse, reverse or remove anything that results from a breach of this section, including a Hero. We may investigate suspected breaches, and may preserve and disclose information where we believe in good faith it is necessary to comply with the law, enforce these Terms, or protect the rights, safety or property of any person, in particular a child.

13.Availability, downloads and updates

We aim to keep the Service available, but we do not promise any level of uptime, and it may be unavailable for maintenance, upgrades, provider failures or reasons outside our control.

Stories built into the app and stories you have downloaded play without a connection. Making a Hero, downloading stories, subscribing, restoring purchases and signing in need a connection.

We may add, change, restrict or remove features and stories. We may require you to update to a supported version to keep using the app; the app tells you when an update is needed, and older versions may stop working.

14.Third-party services

The Service relies on third parties, including Google (Google Play and Play Billing), Apple (the App Store and In-App Purchase), Supabase (our servers), Anthropic (the AI that helps draw Heroes), RevenueCat (subscriptions) and Resend (sign-in emails). Those services are governed by their own terms and privacy policies, not ours.

We are not responsible for the availability, accuracy, security or acts of any third party, and a failure, outage or policy change on their side is not a breach of these Terms by us.

Google and Apple are not parties to these Terms, have no obligation to provide support for the app, and are not responsible for any claim relating to it, except as their own Store terms require.

15.Suspension and termination

By you. You may stop using the app at any time, and delete your data in the app (grown-ups’ area → Privacy & data → Delete all data) or ask us to delete it, as described at navaye.com/bedtime-heroes/delete-account. Deleting your data removes your Account and its Heroes permanently. It does not cancel a Store subscription; cancel that in the Store first.

By us. We may suspend or terminate your access to all or part of the Service, or remove a Hero, if we reasonably believe that:

• you have breached these Terms, particularly "Making a Hero: the photos you may use" or "Acceptable use";
• your use exposes us, a child or any other person to legal liability, security risk or harm; or
• we are required to do so by law, or by Google or Apple.

Where the breach can be put right and the risk allows, we will tell you what is wrong and give you a reasonable chance to fix it first. Where it cannot, we will not. Termination for breach does not entitle you to any refund.

Ending the Service. We may discontinue the Service entirely. If we do, we will give at least 30 days’ notice in the app or on this website, and we will stop selling new subscriptions when we give that notice. Refunds for any unused period are a matter for the Store under its policies and the law.

16.Disclaimers

The Service is provided "as is" and "as available", without warranty of any kind. To the fullest extent permitted by law we disclaim all warranties, express, implied or statutory, including merchantability, fitness for a particular purpose, title and non-infringement.

Without limiting that, we do not warrant that the Service will be uninterrupted, timely, secure or error-free, that defects will be corrected, that a Hero can be drawn from any Photo or will look as you expect, or that Heroes or downloads will never be lost.

You further acknowledge that:

• Supervision. The app is entertainment for children, not a substitute for a grown-up’s care. Decide how much screen time is right for your child; the Bedtime settings in the grown-ups’ area can help.
• AI. Heroes are drawn with the help of an AI model, whose output can be imperfect or unexpected.

Nothing in these Terms affects your statutory rights as a consumer that cannot be excluded.

17.Limitation of liability

To the fullest extent permitted by law, and regardless of the form of action:

• We will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, nor for loss of profit, revenue, goodwill, opportunity, data, Heroes or downloads, even if we were advised such loss was possible.
• Our total aggregate liability arising out of or relating to the Service or these Terms is limited to the amount you actually paid for Premium in the twelve months immediately before the event giving rise to the claim, or ₹5,000 (five thousand Indian Rupees), whichever is lower.
• If you have paid nothing, our aggregate liability is limited to ₹1,000 (one thousand Indian Rupees).

These limits apply in aggregate across all claims, not per claim.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for fraud, fraudulent misrepresentation, wilful misconduct, gross negligence, or death or personal injury caused by our negligence, or your statutory rights as a consumer or under data protection law.

Any claim must be brought within one year of the date on which the cause of action arose, failing which it is permanently barred, except where a longer period is mandatory under the Limitation Act, 1963 or other applicable law.

18.Indemnity

To the extent permitted by law, you will indemnify and hold harmless Navaye, its proprietor, employees, contractors and service providers from and against all claims, losses, liabilities and costs (including reasonable legal fees) arising out of your breach of these Terms or of any law, in particular by uploading a photo you were not entitled to use, or your misuse of the Service.

This indemnity survives termination.

19.Force majeure

We are not liable for any failure or delay in performing caused by events beyond our reasonable control, including natural disaster, epidemic, war, terrorism, civil unrest, strike, fire, flood, power or telecom failure, internet outage, cyber-attack, failure of a third-party provider, or any act, order or restriction of a government or regulator.

20.Notices and communications

We give notice in the app or by a posting on this website, and, where an Account has an email address and the matter concerns that Account, by email. Such notice is effective when shown, posted or sent.

You must send notices to us at [email protected], and they are effective on our acknowledgement or two business days after sending, whichever is earlier.

21.Changes to these Terms

We may amend these Terms. The "last updated" date at the top always reflects the current version, and the current version is the one that governs.

For material changes we will give at least 14 days’ notice in the app before they take effect. For changes that are immaterial, that correct errors, or that are required to comply with law with immediate effect, the amended Terms apply as soon as they are posted.

If you do not accept an amendment, your remedy is to stop using the app, and cancel any subscription, before it takes effect. Continuing to use the app afterwards means you accept it.

22.Governing law, arbitration, and jurisdiction

These Terms and any dispute arising out of or relating to them or the Service, whether in contract, tort or otherwise, are governed by the laws of India, without regard to conflict-of-laws rules.

Good-faith resolution first. Before commencing any proceeding, the parties will attempt in good faith to resolve the dispute by written notice and discussion for 30 days.

Arbitration. Any dispute not resolved in that period will be referred to and finally resolved by arbitration by a sole arbitrator under the Arbitration and Conciliation Act, 1996 and any statutory amendment or re-enactment of it. The seat and venue of arbitration is Gwalior, Madhya Pradesh, India, the language is English, and the award is final and binding. Each party bears its own costs unless the arbitrator directs otherwise.

Individual basis only. Disputes will be resolved individually. Neither party may bring a claim as a plaintiff or class member in any purported class, collective or representative proceeding.

Courts. Subject to the arbitration agreement above, the courts at Gwalior, Madhya Pradesh, India have exclusive jurisdiction over all matters arising out of these Terms, including applications for interim relief in aid of arbitration.

Nothing in this section affects any right you have to approach a consumer forum under the Consumer Protection Act, 2019, or the Data Protection Board of India under the Digital Personal Data Protection Act, 2023. If you are a consumer living outside India, you also keep the protection of the mandatory provisions of the law of the country where you live, and where that law gives you the right to bring proceedings in your local courts, nothing in this section takes that right away.

23.Grievance redressal

In accordance with the Information Technology Act, 2000 and rules made under it, complaints about the Service may be addressed to our Grievance Officer:

Grievance Officer
Navaye (sole proprietorship)
Gwalior, Madhya Pradesh, India
Email: [email protected]

We acknowledge complaints within 24 hours and endeavour to resolve them within 15 days of receipt. Please include a clear description of the issue and, for a subscription, the Store order number.

24.General

• Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and us about the Service, and supersede every prior understanding about it. The Store’s own terms also apply to your purchases.
• Severability. If any provision is held invalid or unenforceable, it is to be modified to the minimum extent necessary to make it enforceable, or, if that is not possible, severed. The rest remains in full force.
• No waiver. A failure or delay in enforcing any provision is not a waiver of it.
• Assignment. You may not assign or transfer these Terms or any right under them. We may assign them to a successor in connection with a merger, acquisition or sale of the business, on notice to you.
• Survival. The sections on photos, intellectual property, disclaimers, limitation of liability, indemnity, governing law and this General section survive termination.
• Third-party rights. Except as stated for Google and Apple, no one other than you and us has any right to enforce these Terms.
• Language. These Terms are drafted in English. Any translation is provided for convenience only, and the English version prevails in the event of a conflict.
• Headings. Headings are for reference only and do not affect interpretation.

25.Contact

Questions about these Terms:

Navaye (sole proprietorship)
Gwalior, Madhya Pradesh, India
Email: [email protected]

Please put "Bedtime Heroes" in the subject line.