Definitions
When we use capitalised terms in these Terms, they have the meanings set out below:
Acceptance of Terms
These Terms constitute a legally binding agreement between you and the Company governing your access to and use of the App. By creating an account, downloading, accessing, or using the App in any way, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.
If you do not agree to these Terms, you must not access or use the App.
We reserve the right to update or modify these Terms at any time, in our sole discretion. When we make material changes, we will notify you through the App or via the email address associated with your account. We will also update the "Last Updated" date at the top of this page. Your continued use of the App following any such notice constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, your sole remedy is to stop using the App and delete your account.
Any supplemental terms, policies, or guidelines we post within the App are incorporated into these Terms by reference.
Eligibility
The App is intended exclusively for individuals who are at least eighteen (18) years of age. By accessing or using the App, you represent and warrant that:
- You are at least 18 years old.
- You have the legal capacity to enter into a binding agreement.
- You are not prohibited from using the App under the laws of your jurisdiction.
- Your use of the App will comply with all applicable local, provincial, state, national, and international laws and regulations.
If you are under 18 years of age, you are strictly prohibited from creating an account or using the App in any manner. We reserve the right to terminate any account that we reasonably believe belongs to an individual under 18 and to delete all associated data.
Your Account
To access certain features of the App, you must register for an account by providing a valid email address and choosing a username. You represent and warrant that all registration information you provide is truthful, accurate, and current, and you agree to update it promptly if anything changes.
You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account, whether or not you authorised it. You agree to notify us immediately at support@getfated.com if you become aware of any unauthorised use of your account.
We reserve the right to reclaim, suspend, or terminate any username that we determine, in our sole discretion, is inappropriate, misleading, or otherwise objectionable. We are not liable for any loss or damage arising from your failure to protect your account information.
Licence to Use Fated
Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the App on devices you own or control, solely for your personal, non-commercial entertainment purposes.
This licence does not include any right to:
- Resell, lease, lend, or commercially exploit the App or any Fated Content.
- Copy, reproduce, distribute, publicly display, or create derivative works from any Fated Content, except as expressly permitted by these Terms.
- Decompile, reverse-engineer, disassemble, or attempt to derive the source code of the App or any underlying AI models or systems.
- Remove, alter, or obscure any copyright, trademark, or other proprietary notices on the App.
- Use the App or Fated Content to train, develop, or improve any machine learning model, AI system, or competing product or service.
All rights not expressly granted to you are reserved by the Company and its licensors.
App Store Terms
Apple App Store
If you access the App through the Apple App Store, you acknowledge and agree that:
- These Terms are between you and the Company only, not Apple Inc. ("Apple"). Apple is not responsible for the App or its content.
- Your licence to use the App is limited to a non-transferable licence on any Apple-branded device you own or control, subject to the Usage Rules in the Apple Media Services Terms of Service.
- The Company, not Apple, is solely responsible for any maintenance and support services. Apple has no obligation to provide any maintenance or support.
- If the App fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price (if any). To the maximum extent permitted by law, Apple has no other warranty obligation.
- The Company, not Apple, is responsible for addressing any claims relating to the App, including product liability, consumer protection, or intellectual property claims.
- In the event of any third-party claim that the App infringes that party's intellectual property rights, the Company — not Apple — is solely responsible for the investigation, defence, settlement, and discharge of such claim.
- Apple and its subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance, Apple will have the right to enforce these Terms against you as a third-party beneficiary.
Google Play Store
If you access the App through Google Play, you acknowledge and agree that:
- These Terms are between you and the Company only, not Google LLC ("Google"). Google is not responsible for the App or its content.
- Your use of the App is subject to the then-current Google Play Terms of Service.
- Google is only a provider of the Play Store and has no obligation or liability to you with respect to the App or these Terms.
- The Company, not Google, is solely responsible for the App, including product liability, regulatory compliance, and claims arising under consumer protection, privacy, or similar legislation.
AI-Generated Content
The App utilises generative artificial intelligence technology provided by third-party services (including, without limitation, Anthropic, Google, and Mistral AI) to produce interactive narrative content. By using the App, you acknowledge and agree that:
- AI is inherently unpredictable. AI Content is generated algorithmically and may contain errors, inconsistencies, inaccuracies, repetitions, or unexpected outputs. The Company does not guarantee the quality, accuracy, appropriateness, or suitability of any AI Content.
- Entertainment only. AI Content is provided solely for entertainment purposes. Nothing in the App constitutes professional, medical, psychological, legal, financial, or any other form of advice. You should not rely on AI Content for any decisions affecting your health, safety, finances, or legal rights.
- No endorsement. The views, opinions, and statements expressed by AI-generated characters do not reflect the views of the Company, its employees, or its partners.
- You assume the risk. You are solely responsible for your interpretation of, reliance on, or emotional response to AI Content.
- Third-party AI providers. We use third-party AI services to generate content. While we take reasonable steps to ensure quality, we are not liable for any output produced by these third-party systems. These providers process your inputs as necessary to generate responses and are contractually restricted from using your data for independent purposes.
Mature Content & Warnings
The App contains content intended for adult audiences, including but not limited to:
- Sexually explicit material and depictions of intimate encounters.
- Strong language and adult themes.
- Fantasy violence, emotional intensity, and dark romantic themes.
Content within the App may be comparable to — or exceed — the explicitness found in published romance and erotic fiction. By using the App, you confirm that you are of legal age in your jurisdiction to access such content, and that you voluntarily choose to engage with it. The Company is not responsible for any discomfort, distress, or offence caused by AI Content or story themes.
Intellectual Property
All Fated Content is the exclusive property of the Company or its licensors and is protected by Canadian and international copyright, trademark, trade secret, and other intellectual property laws. This includes, without limitation, all stories, character names, character likenesses, world-building elements, logos, trademarks, service marks, AI-generated narratives, user interface designs, graphics, audio, video, and software code.
No portion of Fated Content may be reproduced, distributed, modified, transmitted, reused, downloaded, reposted, or otherwise exploited for any purpose without the Company's express prior written consent, except as expressly permitted by these Terms.
The Fated name, logo, and all related marks are trademarks of the Company. You may not use them without our prior written permission.
User Content & Feedback
Licence to User Content
To the extent that the App permits you to submit, post, or transmit any User Content — whether through your profile, account settings, support channels, community features, text-based interactions, or any other functionality we may introduce from time to time — you grant the Company a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, fully sub-licensable, and transferable licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in any media, for any purpose, including improving the App and training our AI systems.
You represent and warrant that you own or have the necessary rights to grant this licence, and that your User Content does not infringe any third party's rights. The Company is not obligated to use, display, or retain any User Content and may remove or modify it at any time, in its sole discretion, without notice.
Narrative Choices & Story Outputs
Narrative choices presented to you within the App (such as dialogue options, plot decisions, and action selections) are part of the Fated Content and are the intellectual property of the Company. All resulting narrative outputs, story branches, AI-generated text, and derivative content produced by the App — whether in response to your selections or otherwise — are and remain the exclusive intellectual property of the Company.
Feedback & Submissions
Any feedback, suggestions, ideas, feature requests, or other submissions you provide to us ("Feedback") are non-confidential and become our sole property. We may use, reproduce, and commercialise Feedback for any purpose without acknowledgment, compensation, or obligation to you. You waive any moral rights in such Feedback to the extent permitted by law.
User Conduct
You agree that you will not:
- Use the App to generate, store, or transmit any content that is unlawful, threatening, abusive, harassing, defamatory, or otherwise objectionable under applicable law.
- Attempt to reverse-engineer, decompile, disassemble, or derive the source code of the App, any AI models, or any safety or content moderation systems.
- Circumvent, disable, or interfere with any security, access control, content moderation, or technical protection features of the App.
- Use automated systems, bots, scrapers, spiders, crawlers, or similar tools to access, collect data from, or interact with the App without our express written consent.
- Use the App to harass, stalk, threaten, abuse, or violate the legal rights of any person.
- Impersonate any person or entity, or misrepresent your identity or affiliation.
- Transmit viruses, malware, worms, or any other harmful or disruptive code through the App.
- Use the App or any Fated Content for any commercial purpose, revenue-generating endeavour, or competitive analysis.
- Systematically download, collect, or store Fated Content to create databases, compilations, or datasets without written permission.
- Interfere with or create an undue burden on the App, its servers, or the networks connected to them.
- Sell, transfer, or assign your account or any account access to another person.
- Use Fated Content or AI Content to train, develop, or improve any machine learning model, AI system, or competing product.
We reserve the right to investigate violations of these Terms and to suspend or terminate your account at any time, for any reason or no reason, with or without notice, in our sole discretion.
Subscriptions & Payments
Certain features of the App may require a paid subscription or one-time purchase. By purchasing a subscription or making an in-app purchase, you agree to the following:
- Pricing. Prices for subscriptions and in-app purchases are stated at the time of purchase and may change at any time. Price changes will not affect active subscription periods but will apply upon renewal.
- Payment processing. Purchases made through the Apple App Store are charged to your Apple ID. Purchases through Google Play are charged to your Google account. Web-based purchases may be processed through Stripe or other third-party payment processors. The Company does not directly store your credit card or payment details.
- Auto-renewal. Subscriptions automatically renew unless you cancel at least 24 hours before the end of the current billing period. You can manage or cancel subscriptions through your App Store settings, Google Play settings, or account settings within the App, as applicable.
- Refunds. Refund requests for purchases made through the Apple App Store or Google Play must be directed to Apple or Google, respectively, in accordance with their refund policies. For web-based purchases, please contact us at support@getfated.com.
- Taxes. You are responsible for all applicable taxes associated with your purchases, unless otherwise required by law.
- Free trials. If we offer a free trial, you may be required to provide a valid payment method. Unless you cancel before the trial ends, your payment method will be charged for the subscription at the then-current rate.
Third-Party Services & Links
The App may contain links to third-party websites, services, or content ("Third-Party Services") that are not owned or controlled by the Company. We have no control over and assume no responsibility for the content, privacy policies, terms, or practices of any Third-Party Services.
Your use of Third-Party Services is at your own risk and subject to the terms and conditions of those services. We encourage you to review the terms and privacy policies of any Third-Party Services you access. The inclusion of any link does not imply endorsement or affiliation.
Electronic Communications
When you use the App or send emails or other communications to us, you are communicating with us electronically. You consent to receive communications from us electronically, including via email, push notifications, in-app messages, and notices posted within the App.
You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.
Service Modifications
We reserve the right to modify, update, suspend, or discontinue the App (or any part of it), temporarily or permanently, at any time and for any reason, with or without notice. This includes adding or removing stories, features, content, or functionality.
We are not liable to you or any third party for any modification, suspension, or discontinuation of the App. We make no guarantee as to the availability of specific stories, characters, or content.
Disclaimer of Warranties
THE APP, ALL FATED CONTENT, AND ALL AI CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, AND ACCURACY.
THE COMPANY DOES NOT WARRANT THAT: (A) THE APP WILL BE AVAILABLE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) ANY DEFECTS WILL BE CORRECTED; (C) THE APP OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) ANY AI CONTENT WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT, APPROPRIATE, OR SUITABLE FOR ANY PURPOSE.
Some jurisdictions do not allow the exclusion of certain warranties. In such jurisdictions, these exclusions apply to the maximum extent permitted by applicable law.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE FATED PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, PERSONAL INFORMATION, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR ACCESS TO, USE OF, OR INABILITY TO USE THE APP; (B) ANY AI CONTENT, FATED CONTENT, OR USER CONTENT; (C) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON OR THROUGH THE APP; OR (D) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR DATA — REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF THE FATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE AGGREGATE LIABILITY OF THE FATED PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE APP SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNTS YOU PAID TO THE COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED CANADIAN DOLLARS (CAD $100.00).
Some jurisdictions do not allow the limitation or exclusion of liability for certain damages. In such jurisdictions, our liability is limited to the fullest extent permitted by applicable law.
Indemnification
You agree to indemnify, defend, and hold harmless the Fated Parties from and against any and all claims, actions, demands, liabilities, damages, losses, costs, and expenses (including reasonable legal fees and disbursements) arising out of or relating to:
- Your access to or use of the App.
- Any User Content you submit, post, or transmit.
- Your violation of these Terms or any applicable law.
- Your violation of any third party's rights, including intellectual property or privacy rights.
- Any dispute between you and another user or third party arising from your use of the App.
The Company reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us. You agree to cooperate with our defence of any such claim. This obligation survives the termination of your account and these Terms.
Waiver & Release of Claims
To the fullest extent permitted by applicable law, you hereby waive, release, and discharge the Fated Parties from any and all claims, actions, demands, and causes of action — whether known or unknown, suspected or unsuspected, disclosed or undisclosed — that you have or may have arising out of or relating to your use of the App, any AI Content, any Fated Content, any User Content, or any interaction with other users.
You acknowledge that you may later discover facts or claims different from or in addition to those you now know or believe to exist. You agree that this release remains effective notwithstanding any such discovery.
Class Action Waiver
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND THE COMPANY AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AGAINST THE FATED PARTIES.
If a court or arbitrator determines that this class action waiver is void or unenforceable for any reason, or that a dispute may proceed on a class basis, then the dispute shall proceed exclusively in the courts identified in the Governing Law section below, and the parties shall not be entitled to arbitration.
Copyright Complaints
We respect the intellectual property rights of others. If you believe that content available through the App infringes your copyright, please submit a written notification to us at support@getfated.com that includes:
- A description of the copyrighted work you claim has been infringed.
- A description of the infringing material and its location within the App.
- Your contact information (name, address, email, phone number).
- A statement that you have a good-faith belief that the use is not authorised by the copyright owner, its agent, or the law.
- A statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorised to act on the owner's behalf.
- Your physical or electronic signature.
We will investigate legitimate complaints and take appropriate action, which may include removing or disabling access to the allegedly infringing content.
Termination
We may suspend or terminate your access to the App at any time, for any reason or no reason, with or without notice, in our sole discretion. Reasons for termination may include, without limitation, breach of these Terms, fraudulent or illegal activity, extended periods of inactivity, or requests by law enforcement.
You may terminate your account at any time through the in-app account settings or by contacting us at support@getfated.com.
Upon termination:
- All licences granted to you under these Terms immediately cease.
- You must cease all use of the App.
- We may (but are not obligated to) delete your account data, story progress, and User Content.
- Any outstanding payment obligations survive termination.
The following sections survive termination: Definitions, Intellectual Property, User Content & Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, Waiver & Release of Claims, Class Action Waiver, Governing Law & Disputes, and General Provisions.
Governing Law & Disputes
These Terms and any dispute arising out of or in connection with them or your use of the App shall be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict-of-law principles.
Subject to the Class Action Waiver in Section 20 above, any dispute, controversy, or claim that cannot be resolved informally shall be resolved exclusively in the courts of competent jurisdiction located in Vancouver, British Columbia, Canada. You hereby irrevocably consent and submit to the personal and exclusive jurisdiction of such courts and waive any objection as to inconvenient forum.
Notwithstanding the foregoing, the Company may seek injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property rights.
General Provisions
Entire Agreement
These Terms, together with the Privacy Policy and any supplemental terms posted within the App, constitute the entire agreement between you and the Company regarding the App and supersede all prior agreements, understandings, and communications — whether oral or written.
Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.
No Waiver
Our failure to enforce any right or provision of these Terms at any time shall not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorised representative of the Company.
Assignment
You may not assign, transfer, or delegate these Terms or any of your rights or obligations without the Company's prior written consent. The Company may freely assign these Terms, in whole or in part, without restriction and without notice to you, including in connection with a merger, acquisition, corporate reorganisation, or sale of assets.
Force Majeure
The Company shall not be liable for any failure or delay in performing its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, epidemics, pandemics, war, terrorism, riots, government actions, power failures, internet or telecommunications failures, or failures of third-party service providers.
Headings
Section headings and the "In plain language" summaries in these Terms are for convenience only and have no legal effect. In the event of any conflict between a summary and the legal text of a section, the legal text shall prevail.
Language
The parties have expressly required that these Terms and all related documents be drawn up in English. Les parties aux présentes ont expressément exigé que la présente entente et tous les documents qui y sont liés soient rédigés en anglais.
Contact
If you have any questions, concerns, or feedback about these Terms, please contact us:
Callisto Media Corp.
Vancouver, British Columbia, Canada
Email: support@getfated.com