Terms and Conditions of Use

Last updated: January 21, 2026

1. Identification and Acceptance

These Terms and Conditions regulate the use of the mobile application "TuHistoria.App" and its associated services (hereinafter, the "Service"), operated by Intelecta España, S.L. (hereinafter, the "Provider" or "We").

VAT Number: B72576176
Address: Av. Lluís Companys 29, Local 4, 08172 Sant Cugat del Vallès, Barcelona, Spain.

By registering and using the Service, you (hereinafter, the "User") agree to be legally bound by these terms. If you do not agree, please do not use the application.

However, in certain cases, contracting may be formalized directly with other companies of the Intelecta group (including Intelecta LLC, USA), which will be expressly notified to the client in the corresponding proposal, contract, or invoice.

2. Service Description and AI Usage

TuHistoria.App is a platform that uses advanced Generative Artificial Intelligence models (provided by third parties such as Google Cloud Vertex AI, OpenAI, and ElevenLabs) to create personalized children's stories (text, image, and audio) based on the parameters entered by the User.

2.1. Nature of Generated Content (AI Disclaimer)

The User acknowledges and accepts that:

• The content is automatically generated by algorithms and may contain inaccuracies, logical errors, or hallucinations (unrequested fictitious information).
• The content is not human-reviewed before delivery.
• Transparency (EU AI Act): All story content, illustrations, and audio are artificially generated. The User agrees not to remove any watermark or label identifying the content as AI-generated.

3. Registration and Parental Responsibility

3.1. Age Requirement and Verification

The Service is exclusively aimed at those over 18 years old (parents, guardians, or legal representatives). The User guarantees to be of legal age and have the legal capacity to contract.

Identity Verification: To prevent misuse and ensure the security of the service, verification of the email address is an obligatory requirement to unlock and use Artificial Intelligence functionalities.

3.2. Minors' Data

The User is solely responsible for the data of minors (names, ages, interests, photographs) entered into the application. By doing so, the User expressly declares to be the father, mother, or legal guardian of the minor and authorizes the processing of this data for story generation, in accordance with our Privacy Policy.

4. Credit System ("Magic Essence") and Payments

4.1. Acquiring Credits

The Service works through a prepaid credit system or subscriptions. Prices are clearly indicated in the application and include applicable taxes (VAT) according to the User's country of residence.

4.2. Consuming Credits

Credits are consumed the moment the User presses the button to "Generate Story." Due to the immediate computational cost of AI services, the credit is considered consumed even if the User is not subjectively satisfied with the creative result (except for an objective technical error, see point 4.4).

The User accepts that the length and literary style may vary depending on the complexity of the instructions, and an exact length in words or minutes is not guaranteed.

4.3. Right of Withdrawal (Exception for Digital Content)

Pursuant to current consumer regulations (Art. 103 subsections "a" and "m" of the TRLGDCU in Spain and equivalent European directives), the User acknowledges losing their right of withdrawal regarding the purchase of credits or subscriptions once the service has begun to be executed (i.e., once credits have been assigned to their account and are available for immediate use).

Additionally, the generated stories are goods made according to the consumer's specifications and clearly personalized (Art. 103.c), therefore no returns are accepted.

4.4. Refund Policy for Technical Failures

If a generation fails due to a verifiable technical error of the platform (e.g., server crash, incomplete story due to timeout), the system will attempt to refund the credit automatically. If this does not occur, the User has the right to claim the replacement of said credits by contacting support.

5. Intellectual Property and Licenses

5.1. Input Content (Inputs)

The User retains ownership of the names and data entered. The User guarantees that they have the right to use such data and that their "prompts" (instructions) do not infringe on copyrights, trademarks, or image rights of third parties (e.g., do not request stories about protected characters like "Mickey Mouse" or famous real people).

Indemnity: The User shall hold Intelecta España, S.L. harmless against any third-party claim derived from the use of names, brands, or protected figures introduced by the User.

Character Descriptions and Generation: The Service allows storing physical descriptions to personalize the stories' illustrations. If the User uses the automatic generation function through a photograph, they acknowledge that the AI performs a technical and automatic interpretation of the image to create a textual description. The Provider does not guarantee an exact or hyper-realistic resemblance. The User has the obligation to review and edit such description to ensure it is accurate and respectful, and guarantees that they hold the image rights of the uploaded photograph.

Image Privacy: The User acknowledges that, in case of uploading a photograph to generate a description, the platform does not keep the original photograph permanently, so any subsequent adjustment must be made to the stored text.

5.2. Output Content (Outputs)

Subject to compliance with these terms, the Provider grants the User a worldwide, non-exclusive, perpetual, and non-transferable license to use, reproduce, and display the generated stories for strictly personal and domestic (non-commercial) purposes.

The User does not acquire ownership of the underlying AI model.

5.3. Voice Models (Cloning)

In case you use the voice cloning function, the User guarantees that the voice used is their own. The User grants the platform a limited license for the use of said voice exclusively for the narration of their own stories. Any attempt to export or use the voice models outside the TuHistoria.App ecosystem for impersonation or commercial purposes is prohibited.

6. Conduct and Prohibited Uses ("Safety Filters")

It is strictly forbidden to attempt to deceive ("Jailbreak") the AI security filters to generate:

• Sexually explicit, violent, or hateful content.
• Content that promotes illegal activities or self-harm.
• Defamatory content or content that violates the privacy of third parties.

Violation of this clause will result in the immediate and irrevocable suspension of the account without the right to a refund of remaining credits.

7. Limitation of Liability

To the maximum extent permitted by law, the Provider shall not be responsible for:

• Service interruptions due to downtime of AI providers (Google, OpenAI, ElevenLabs).
• Loss of User data (it is recommended to make local backup copies of favorite stories).
• Indirect damages derived from the use of the application.

8. Modifications

The Provider reserves the right to modify these terms at any time. Material changes will be notified. Continued use implies acceptance.

9. Jurisdiction

These terms are governed by SPANISH law. For any litigation, the parties submit to the courts of the consumer's domicile if they reside in the EU, or otherwise to the courts of Sant Cugat del Vallès / Barcelona.

Contact for support and claims: info@tuhistoria.app