These Terms and Conditions ("Terms") govern your access to and use of EZ Tale (the "App"), a bedtime storytelling companion created and operated by Ben Swieskowski ("I," "me," or "my"), located in Brooklyn, New York.
By accessing or using EZ Tale, you agree to be bound by these Terms. If you do not agree, do not use the App.
EZ Tale provides a curated collection of classic bedtime stories retold for parents to read aloud to children. The App includes features for reading, listening via text-to-speech, and following along with voice recognition. All stories currently included in the App are adapted from works in the public domain.
While the underlying stories are drawn from public domain sources, the specific adaptations, retellings, and original text as presented in EZ Tale are the creative work of Ben Swieskowski. The App itself — including its design, user interface, source code, algorithms, visual identity, and the "EZ Tale" name and logo — is the exclusive intellectual property of Ben Swieskowski and is protected by applicable intellectual property laws.
You may not reproduce, copy, distribute, modify, or create derivative works from the App's design, code, or branding without prior written permission. The story texts themselves, being adapted from public domain works, may be freely shared in your own words but not copied verbatim from the App.
Subject to these Terms, I grant you a limited, non-exclusive, non-transferable, revocable license to access and use EZ Tale solely for your personal, non-commercial use. This license does not include any right to sublicense, sell, resell, transfer, or commercially exploit the App or any content within it.
This license may be revoked at any time, for any reason, without notice.
EZ Tale is designed for use by parents, caregivers, and guardians with children. The parent or caregiver is the intended operator of the App. Children may listen to or view stories under the supervision of an adult.
By using the App, you represent that you are at least 18 years old, or that you are at least 13 years old and using the App under the supervision of a parent or guardian who has reviewed and agreed to these Terms.
You agree not to:
EZ Tale may offer additional story packs, premium content, or other paid features in the future. Any such purchases will be processed through a third-party payment provider and will be subject to that provider's terms and conditions. Pricing, availability, and refund policies for paid content will be disclosed at the time of purchase.
Nothing in these Terms obligates me to offer — or you to purchase — any paid feature. Free content currently available in the App may remain free or may change at my discretion.
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, I DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
I do not warrant that the App will be uninterrupted, error-free, secure, or free of harmful components. The text-to-speech and voice recognition features rely on your device's built-in capabilities and may vary in quality and availability across devices and browsers.
TO THE FULLEST EXTENT PERMITTED BY LAW, BEN SWIESKOWSKI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES — INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF PROFITS, OR LOSS OF OTHER INTANGIBLE LOSSES — ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE APP, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL MY TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE APP EXCEED ONE HUNDRED US DOLLARS ($100).
You agree to defend, indemnify, and hold harmless Ben Swieskowski from and against any claims, damages, obligations, losses, liabilities, costs, or expenses (including attorneys' fees) arising from: (a) your use of the App in violation of these Terms; (b) your violation of any third-party rights; or (c) your violation of any applicable law or regulation.
I reserve the right to modify, suspend, or discontinue the App — or any part of it — at any time without notice or liability. I also reserve the right to update these Terms at any time. Updates will be indicated by a revised "last updated" date at the top of this page. Your continued use of the App after any update constitutes your acceptance of the revised Terms.
These Terms are governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. Any dispute arising from or relating to these Terms or the App shall be subject to the exclusive jurisdiction of the state and federal courts located in Kings County (Brooklyn), New York, and you consent to personal jurisdiction in those courts.
Before initiating any formal proceeding, you agree to attempt to resolve any dispute informally by contacting me at the address below. I will attempt to resolve the dispute within 30 days of receipt.
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
These Terms, together with the Privacy Policy, constitute the entire agreement between you and Ben Swieskowski regarding the App and supersede all prior understandings or agreements.
For questions about these Terms or to request permission to use EZ Tale content:
Ben Swieskowski
support@eztale.com