Terms of Service

TERMS OF SERVICE - Once Upon Me

Effective Date: 29th April 2025

THIS TERMS OF SERVICE AGREEMENT ("Agreement", "Terms") is a legally binding contract between HereNow AI Labs Private Limited, a company incorporated under the Companies Act 2013, having Corporate Identification Number (CIN) U62099DL2024PTC435645 and its registered office at A23/16V PH3, MANGAL APT. V. ENCLAVE, East Delhi, New Delhi‑110096, India ("Company", "Once Upon Me", "we", "our", "us") and the person who accesses, browses or otherwise uses the Services (defined below) ("you", "your", "User", and where the context so admits, "Parent/Guardian").

By accessing or using any part of the Services, you confirm that you have read, understood, and agree to be bound by these Terms as well as our Privacy Policy, Refund & Cancellation Policy and any other policy referenced herein (collectively, the "Policies"). IF YOU DO NOT ACCEPT ALL OF THE TERMS, YOU MUST NOT ACCESS OR USE THE SERVICES.

1. DEFINITIONS

1.1 "Child" means a natural person who has not attained the age of eighteen (18) years.

1.2 "Personal Data" means any data about a living individual who can be identified from such data, including Sensitive Personal Data as defined in the Digital Personal Data Protection Act 2023 ("DPDP Act").

1.3 "Product" means the personalised hard‑cover storybook or any other customised work produced and supplied by the Company pursuant to an Order.

1.4 "Services" means (a) the website located at https://onceuponme.studio, its sub‑domains and any successor site ("Site"), and (b) all functionality offered through the Site including customisation, ordering, payment processing, printing, and delivery of Products.

1.5 "User Content" means photographs, names, demographic details, text or other material submitted or uploaded by you for the purpose of availing the Services.

1.6 Headings are for convenience only and shall not affect interpretation.

2. ELIGIBILITY AND CAPACITY

2.1 You represent and warrant that you have the legal capacity to contract under the Indian Contract Act 1872. If you are a Parent/Guardian acting on behalf of a Child, you represent that you are legally competent to give consent on behalf of the Child and to agree to these Terms.

3. DESCRIPTION OF SERVICES

3.1 Once Upon Me creates personalised children’s storybooks by utilising User Content together with proprietary text and AI‑generated illustrations. A concise overview of the production workflow is provided on the Site.

3.2 The Company reserves the right to modify, suspend, or discontinue any aspect of the Services at any time without prior notice. Such modification shall not affect Orders already accepted by the Company.

4. USER OBLIGATIONS AND CONDUCT

4.3 The Company may, at its sole discretion, suspend or terminate your access to the Services for breach of this Clause 4.

5. ORDERS, PRICING, TAXES AND PAYMENT

5.1 All prices displayed on the Site are in Indian Rupees (INR) and, unless expressly stated otherwise.

5.2 Prices and discounts are subject to change without notice; however, such changes will not affect Orders already accepted by the Company.

5.3 Payment must be made in full at the time of placing the Order through the payment gateway(s) integrated on the Site (e.g., Razorpay). You agree to be bound by the gateway’s own terms and conditions.

5.4 An Order becomes binding on you once payment is successfully processed. Owing to the personalised nature of the Products, Orders may not be cancelled or amended after one (1) hour from confirmation, save as provided in Clause 7.

5.5 The Company reserves the right to refuse or cancel an Order, in which case any payment already made shall be refunded to you within seven (7) business days.

6. SHIPPING & DELIVERY

6.1 The Company ships Products only within India. Unless otherwise specified on the Site, Products are dispatched within seven (7) to ten (10) business days of Order confirmation. Estimated delivery to most pin‑codes is three (3) to seven (7) business days post‑dispatch.

6.2 Delivery timelines are indicative and subject to delays caused by events beyond the Company’s control. Risk of loss passes to you upon delivery of the Product to the carrier.

6.3 You must inspect the package upon delivery and notify the Company of any transit damage within forty‑eight (48) hours, providing photographic evidence.

7. RETURN, CANCELLATION AND REPLACEMENT POLICY

7.1 Given the customised nature of the Products, the Company does not accept returns or provide refunds once printing has commenced.

7.2 Notwithstanding Clause 7.1, the Company will replace or refund any Product that is defective, misprinted, or materially different from the Order due to the Company’s error, provided you notify the Company within seven (7) days of delivery.

7.3 Any refund will be processed to the original payment method within seven (7) business days of approval.

8. INTELLECTUAL PROPERTY

8.1 All content and materials on the Site, including but not limited to text, graphics, logos, software and AI‑generated illustrations, are owned by or licensed to the Company and are protected under applicable intellectual‑property laws.

8.2 Subject to your compliance with these Terms, the Company grants you a limited, non‑exclusive, non‑transferable, revocable licence to use the Product for personal, non‑commercial purposes only.

9. USER CONTENT LICENCE

9.1 You retain ownership of all User Content. By uploading User Content, you grant the Company a worldwide, non‑exclusive, royalty‑free licence to use, reproduce, modify, adapt and display such User Content solely for the purpose of creating and delivering the Product and for internal archival purposes for a period of thirty (30) days after delivery, unless you expressly consent to a longer retention.

9.2 You expressly authorise the Company to process the Personal Data of Children included in the User Content for the aforementioned purpose, acting as a Data Fiduciary under the DPDP Act.

10. DATA PROTECTION AND PRIVACY

10.1 The Company collects, uses, stores and discloses Personal Data in accordance with its Privacy Policy, which forms an integral part of these Terms.

10.2 Lawful basis for processing children’s data is *verifiable parental consent* as required under Sections 3 and 4 of the DPDP Act.

11. THIRD‑PARTY SERVICES

11.1 The Services may contain links to or integrate third‑party services (including printers, payment gateways and logistics providers). The Company is not responsible for and does not endorse the content, privacy policies or practices of any third‑party services.

12. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

12.1 The Services are provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, express or implied.

12.2 To the fullest extent permitted by law, the Company disclaims all liability for indirect, incidental, special, consequential or punitive damages, or for loss of profits, revenue, data or goodwill. The Company’s aggregate liability for any claim shall not exceed the amount actually paid by you for the Product giving rise to such claim.

12.3 Nothing in these Terms limits liability for (a) death or personal injury caused by negligence, (b) fraud, or (c) any liability that cannot be excluded under applicable law.

13. INDEMNITY

You agree to indemnify, defend and hold harmless the Company, its officers, directors, employees and agents from and against any and all claims, damages, losses, liabilities and expenses (including reasonable attorney’s fees) arising out of or related to (a) your breach of these Terms, (b) your violation of any law or third‑party right, or (c) User Content you provide.

14. FORCE MAJEURE

The Company shall not be liable for any delay or failure to perform its obligations caused by events beyond its reasonable control, including but not limited to acts of God, pandemics, government lockdowns, war, riot, labour strikes, shortage of raw materials or failure of public or private telecommunications networks.

15. TERMINATION AND SUSPENSION

15.1 The Company may suspend or terminate your access to the Services with immediate effect if you breach these Terms or applicable law.

15.2 Clauses which by their nature are intended to survive termination (including but not limited to Clauses 8, 9, 12, 13 and 19) shall so survive.

16. DISPUTE RESOLUTION AND GOVERNING LAW

16.1 These Terms shall be governed by and construed in accordance with the laws of India.

16.2 Any dispute, controversy or claim arising out of or in connection with these Terms shall first be resolved by amicable negotiation. Failing such resolution within thirty (30) days, the dispute shall be referred to arbitration in accordance with the Arbitration and Conciliation Act 1996. The arbitral tribunal shall consist of a sole arbitrator appointed by the Company and the User by mutual agreement, failing which in accordance with the said Act. The seat and venue of arbitration shall be New Delhi, India. The arbitration proceedings shall be conducted in English.

16.3 Subject to Clause 16.2, the courts at New Delhi, India shall have exclusive jurisdiction.

17. NOTICES AND GRIEVANCE REDRESSAL

17.1 All notices under these Terms shall be in writing and deemed duly given when delivered by hand, electronic mail or registered post to the addresses set out below.

18. ASSIGNMENT

The Company may assign or transfer its rights and obligations under these Terms, in whole or in part, to any affiliate or in connection with a merger, acquisition, corporate reorganisation or sale of substantially all of its assets. You may not assign your rights hereunder without the Company’s prior written consent.

19. MISCELLANEOUS

19.1 No Partnership. Nothing in these Terms shall be construed to create a partnership, joint venture, employment or agency relationship between you and the Company.

19.2 Severability. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be severed and the remaining provisions shall remain in full force and effect.

19.3 Waiver. No failure or delay by the Company in exercising any right hereunder shall operate as a waiver thereof.

19.4 Entire Agreement. These Terms, together with the Policies, constitute the entire agreement between you and the Company and supersede all prior understandings.

19.5 Headings. Clause headings are inserted for convenience only and shall not affect the interpretation of these Terms.

20. CHANGES TO TERMS

The Company reserves the right to amend these Terms at any time. Material changes will be notified via the Site or by e‑mail. Continued use of the Services following the effective date of any such amendment constitutes acceptance of the revised Terms.

21. CONTACT INFORMATION

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