Terms and Conditions of Use

Last updated: June 5, 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., a subsidiary fully owned by MacalTech Holding 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 related to international distribution, commercialization, or billing, contracting may be formalized directly with other group companies (including Intelecta Global LLC, United States), which will be expressly communicated 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 Gemini Enterprise Agent Platform, OpenAI, and Modal.com for OmniVoice execution) 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:

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 and Payment Gateways

The Service operates through a prepaid credit system or subscriptions. Payments are processed securely through official in-app purchase systems (Apple App Store and Google Play Store), or through authorized external payment gateways (such as Stripe).

Prices are clearly shown in the application before purchase and include applicable taxes (such as VAT) according to the User's country of residence.

4.2. Third-Party Billing and Refund Terms

The User acknowledges and accepts that any financial transaction, billing, or charge management carried out through Apple App Store or Google Play Store is governed exclusively by Apple Inc. or Google LLC terms and conditions, respectively.

If the User requests a monetary refund for a purchase made through these app stores, they must process the request directly with the relevant platform according to its support channels. The Provider has no authority to reverse charges or issue direct monetary refunds for transactions processed by Apple or Google. Purchases made directly via Stripe are handled under the Provider's technical-failure policy (see point 4.5).

4.3. 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 4.5).

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.

4.4. 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.

4.5. 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 (Biometric Cloning)

If the voice cloning feature is used, the User grants explicit consent for processing biometric data and guarantees that the voice sample used is strictly their own. Voice synthesis is processed through the OmniVoice model running on Modal.com cloud infrastructure.

The User grants the platform a limited license to use the generated synthetic voice model (Voice ID) exclusively to narrate their own stories within the app. Any attempt to export, download, or use voice models outside the TuHistoria.App ecosystem for commercial purposes or impersonation is strictly prohibited.

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

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

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:

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