1. About these terms
Funky Fables (“Funky Fables”, “we”, “us”) is operated by [Company legal name] (ABN [ABN]), a company registered in Australia. These terms apply to our website at funkyfables.com, our iOS and Android apps, and the stories, narration and artwork available through them (together, the “Service”).
By creating an account or using the Service you agree to these terms and to our Privacy Policy and Children’s Privacy notice. If you do not agree, please do not use the Service.
2. Who can hold an account
- Only an adult can create or manage an account. You must be at least 18 years old and able to enter a binding contract where you live.
- Children cannot sign in on their own. The account holder signs in with their email address and uses profiles to let children listen.
- If you let a child use the Service, you are their parent or legal guardian (or have the guardian’s permission), you are responsible for what they do on your account, and you should supervise their use.
- You must give us a real email address that you control and keep your account secure. Anyone who can read the sign-in code sent to that email can enter the account, so protect it.
- You must provide accurate information, including each child’s date of birth, so we can suggest suitable stories.
3. Profiles and the family group
One account is for one family group: you and the people who normally live in your household. An account can hold up to 6 profiles, each with its own nickname, avatar, progress and favourites.
- You can use your account on several devices and in several places, such as at home, at a grandparent’s house or on a trip, and more than one device can play stories at the same time.
- You must not share an account across separate households, sell or rent access, or let people outside your family group use it. Splitting an account between friends or extended families is not allowed.
- We may apply reasonable limits to the number of profiles, devices or simultaneous streams on an account if we believe it is being used outside a single family group. We will tell you if this affects you.
- Profile nicknames should not be a child’s full name or contain contact details.
4. Access, not ownership
Funky Fables is a streaming service for stories, much like a video or music streaming service. We give you a limited, personal, non-exclusive, non-transferable, revocable licence to access and use the Service and its stories for your family’s private, non-commercial enjoyment, and only while your account is active and in good standing.
You do not buy, own or acquire any rights in any story, recording, illustration or other content, whether you listen online or offline, whether the plan is free or paid. Your access lasts only as long as your account is active and, for paid plans, only for the period you have paid for. When it ends, so does your right to the content.
5. Offline listening
The apps let you download stories to a device so you can listen without a connection. Downloads are part of your access, not a copy you own.
- Downloads are authorised only through the Funky Fables app and only for offline playback. They are stored in a protected form and work only inside the app, on your signed-in devices. See Copyright and Content Protection.
- You may not copy, extract, convert or move downloaded files, or use them outside the app.
- Downloads may stop working if you go a long period without connecting to the internet, if your account or plan ends, if the account is deleted or suspended, or if we remove the story. The app will tell you when this happens.
- We may limit the number of devices or downloads on an account.
6. Plans, free access and subscriptions
Today
The Service is currently free. We may introduce paid subscriptions, a limited free plan or other changes at any time. Free access is a courtesy and does not entitle you to free access in future. We will give you at least 30 days’ notice by email or in the Service before charging for anything you now use for free.
Paid subscriptions
When paid plans begin, the following will apply:
- Subscriptions are started and managed on our website, not inside the iOS or Android apps. A subscription applies to the account on every device where you are signed in. New accounts created in an app need an active plan on the website before they can listen.
- Payments are processed by Stripe. We never see or store your full card details.
- Prices, billing period and any trial are shown before you pay. Plans renew automatically until you cancel, and we will tell you in advance before a price change takes effect. Prices include GST where it applies.
- You can cancel at any time from your account. You keep access until the end of the period you have paid for.
- Except where the law gives you a right to a refund, including under the Australian Consumer Law, fees already paid are not refundable.
Free plan
We may offer a free plan that limits the number of stories that can be listened to each week. Limits are shown in the Service and may change with notice.
7. Using Funky Fables properly
You agree not to, and not to help or allow anyone else to:
- copy, record, scrape, download (other than the app’s offline feature), republish or redistribute the Service or its content;
- circumvent or remove technical protections, account limits or the household rules in section 3;
- use the content, or data from the Service, to train, test or improve any artificial intelligence or machine learning system;
- build derivative works, such as remixes, adaptations, audio clones or animations, or use the content commercially;
- use bots, scripts or automated tools to access the Service, or probe, overload or disrupt it;
- upload anything unlawful or harmful, or try to access another person’s account or data;
- use the Service in a way that breaks the law or these terms, or that could harm a child.
8. Copyright and ownership
All of the stories, text, narration and audio, music and sound effects, illustrations, characters, covers, avatars, page designs, logos, names (including “Funky Fables”), software and other material in the Service are owned by us or our licensors and are protected by Australian and international copyright, trade mark and other laws. All rights are reserved. Using the Service does not transfer any of those rights to you. Our Copyright and Content Protection page forms part of these terms and explains in detail what you may and may not do with our content. Nobody may copy, download, share or reuse it outside the Service without our express written permission.
Some content is produced with the help of AI tools under human direction and review, as described in our AI Policy. We own, or hold the rights we are able to hold in, that content to the fullest extent the law allows, and these terms apply to it in the same way.
If you send us feedback or ideas, we may use them without owing you anything. You keep any rights you have in your own material, and you grant us permission to use it to run the Service.
9. Reporting copyright infringement
We respect intellectual property rights and respond to notices of alleged infringement. If you believe content in or linked from the Service infringes your copyright, email support@funkyfables.com with the subject line “Copyright notice” and include:
- your name, address (or email) and phone number;
- a description of the work you say has been infringed;
- where the material appears in the Service, so that we can find it;
- a statement that you believe in good faith that the use is not authorised by you, your agent or the law;
- a statement that the information in your notice is accurate and that you are the owner or authorised to act for the owner; and
- your physical or electronic signature.
We may remove or disable access to the material while we review a notice. If you believe material was removed by mistake, you may send a counter-notice to the same address with your contact details, a description of the material, and an explanation of why you believe it was removed in error. We may end the accounts of people who repeatedly infringe copyright. Knowingly sending a false notice can have legal consequences.
10. Suspension and ending your account
- You can leave at any time. You can delete your account and all profiles from within the app and website, or by emailing us. See our Privacy Policy for what is deleted. Deleting your account does not cancel a paid plan automatically unless the plan is cancelled as well, and it does not entitle you to a refund.
- We can suspend or close an account if we reasonably believe it is being used in a way that breaks these terms or the law, harms children or other people, is shared outside a family group, is a security risk, is inactive for a long time, or has an unpaid balance. Where we can, and where it is safe to do so, we will tell you why and give you a chance to fix the problem first.
- When an account ends, your right to use the Service and any downloaded stories ends, and we may delete the account’s data as described in our Privacy Policy.
11. Changes and availability
We add, update and remove stories, features and plans over time, and the library is not guaranteed to contain any particular story. We aim to keep the Service available but it may occasionally be interrupted for maintenance or by events outside our control. We may change or stop parts of the Service. If we stop the whole Service, we will give reasonable notice and, if you have prepaid, a fair refund for the remaining period.
12. Apple App Store and Google Play
If you get our app from the Apple App Store or Google Play, the following also apply:
- These terms are between you and us, not Apple or Google. We, not Apple or Google, are responsible for the app, its content, support, maintenance and any warranty claims, to the extent they are not excluded by law.
- Our licence to you is limited to a non-transferable licence to use the app on devices you own or control, as the store’s usage rules allow.
- If the app fails to meet an applicable warranty, you may tell Apple or Google, who may refund the purchase price (if any). Apple and Google have no other warranty obligation for the app.
- Apple, Google and their subsidiaries are third-party beneficiaries of these terms and may enforce them against you (Apple only for the App Store version of the app).
- You confirm you are not in a country subject to a government embargo and are not on a list of prohibited or restricted parties, and you will follow any third-party terms that apply when you use the app, such as your mobile carrier’s.
- Questions, complaints and claims about the app can be sent to us at support@funkyfables.com. Our company details are [Company legal name] (ABN [ABN]), Australia.
13. Warranties and liability
Your rights under the Australian Consumer Law. Our services come with guarantees that cannot be excluded under the Australian Consumer Law, including that they will be provided with due care and skill and be fit for their purpose. Nothing in these terms limits any right you have under that law or any other law that cannot be limited.
Subject to that, we provide the Service “as is”. We do not promise it will be uninterrupted or error-free, or that it will suit every child. To the extent the law allows, we are not liable for any indirect or consequential loss, or for loss that was not reasonably foreseeable, and our total liability for a claim relating to the Service is limited to the amount you paid us in the 12 months before the claim (or, where the law allows us to choose, to resupplying the Service). We are not liable for how a child uses a device or listens to stories without supervision. Nothing here limits liability for death, personal injury, fraud or anything else that cannot lawfully be limited.
14. Governing law
These terms are governed by the laws of [State or Territory], Australia, and you and we submit to the non-exclusive jurisdiction of its courts. If you are a consumer outside Australia, you also keep the mandatory consumer protection rights of the country where you live. Please contact us first at support@funkyfables.com so we can try to resolve any dispute informally.
15. General and changes to these terms
- We may update these terms. For material changes we will give you at least 30 days’ notice by email or in the Service. If you keep using the Service after the change starts, you accept it. If you do not agree, you can delete your account first.
- If any part of these terms is unenforceable, the rest still applies.
- You cannot transfer your rights under these terms. We may transfer ours as part of a sale or reorganisation of our business.
- If we do not enforce a right straight away, we have not given it up.
- These terms, with the documents they refer to, are the whole agreement between you and us about the Service.
16. Contact us
[Company legal name] (ABN [ABN])
Email: support@funkyfables.com
Website: https://funkyfables.com