TWISTALE TERMS OF SERVICE AND USER AGREEMENT

1. PREAMBLE AND PRE-INCORPORATION AGREEMENT

1.1 Parties and Effective Date

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "You," or "Parent") and TWISTALE LLC (in formation), its founders, promoters, affiliates, and successors (collectively, "Twistale," "We," "Us," or "Our"). By accessing the website located at www.twistale.com (the "Site"), creating an account, or purchasing products, you agree to be bound by these Terms.

1.2 "LLC in Formation" Ratification and Novation

You acknowledge that at the time of your initial acceptance of these Terms, Twistale LLC is in the process of legal formation. You agree that:

• (a) Initial Contract: You are initially contracting with the promoters/founders of Twistale LLC.
• (b) Automatic Novation: Upon the filing and acceptance of Twistale LLC's Articles of Organization by the relevant state authority, this Agreement shall automatically and retroactively be ratified by and novated to Twistale LLC.
• (c) Release of Liability: Upon such ratification, the individual promoters and founders shall be fully released from any personal liability or obligations under this Agreement, and Twistale LLC shall assume all rights, duties, and liabilities hereunder.

2. ELIGIBILITY AND ACCOUNTS

2.1 Age Requirements (COPPA Compliance)

Twistale offers a platform for families, but legal contracts must be formed by adults.

Master Account: You must be at least 18 years of age or the age of legal majority in your jurisdiction to create a "Master Account" and purchase products.

Verification: We reserve the right to verify your age and parental status through approved mechanisms, including credit card verification, in compliance with the Children's Online Privacy Protection Act (COPPA).

2.2 Account Security

You are responsible for maintaining the confidentiality of your login credentials. You agree to accept responsibility for all activities that occur under your Master Account and any associated Child Profiles. You must notify us immediately of any unauthorized use. Twistale assumes no liability for loss or damage arising from your failure to comply with this section.

3. TERMS OF SALE (E-COMMERCE)

3.1 Order Acceptance and Cancellation

Your receipt of an order confirmation does not signify our acceptance of your order. Twistale reserves the right to accept or decline your order at any time for any reason, including but not limited to supply chain shortages, errors in product pricing, or suspicion of fraud.

3.2 Shipping and Risk of Loss

All purchases of physical items (books, merchandise) from Twistale are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier (e.g., USPS, UPS, FedEx). If a package is lost in transit, we will assist in filing a claim, but we are not liable for the loss.

3.3 Returns and Refunds

Physical Goods: Unopened and undamaged physical books and merchandise may be returned within 30 days of delivery for a refund to the original payment method. Shipping costs are non-refundable unless the return is due to our error.

Digital Goods: All sales of digital content (e.g. e-books, game credits, AI story generations or other) are FINAL AND NON-REFUNDABLE, except as required by applicable consumer protection law.

4. INTELLECTUAL PROPERTY AND CONTENT

4.1 Twistale Intellectual Property

All content on the Site—including text, graphics, logos, character names, game code, and audio—is the property of Twistale or its licensors and is protected by US and international copyright laws.

No Commercial Use: You may not use Twistale characters, stories, or trademarks for any commercial purpose (e.g., selling T-shirts with our characters) without express written permission.

4.2 User-Generated Content (UGC) & AI Stories

When you use our "Generate Personal Story" feature or post content:

License Grant: While you retain ownership of your specific input prompts, you hereby grant Twistale a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, and sublicensable license to use, reproduce, adapt, publish, distribute, and display any content you generate or submit. This allows us to feature your stories in our newsletters or marketing.

AI Ownership: You acknowledge that stories generated by our AI tools may not be unique and that the AI may generate similar content for other users. You do not acquire exclusive copyright ownership over the AI-generated structural elements.

Waiver: You waive any "moral rights" or rights of privacy/publicity in connection with your UGC.

4.3 Fictional Character Disclaimer

The blogs, diaries, and narratives written by characters on the Site are works of fiction. Names, characters, businesses, places, events, and incidents are either the products of the author's imagination or used in a fictitious manner. Any resemblance to actual persons, living or dead, or actual events is purely coincidental.

5. GAMES, VIRTUAL CURRENCY, AND LOYALTY

5.1 Twistale Loyalty Program

No Cash Value: "Coins," and other loyalty rewards are promotional codes with no cash value. They constitute a limited, revocable license to access features on the Site.

Non-Transferable: Points cannot be transferred, sold, or bequeathed.

Expiration: Unless prohibited by law, unredeemed points will expire after 12 months of account inactivity. Twistale reserves the right to terminate the loyalty program with 30 days' notice.

5.2 Game Conduct

You agree not to use cheats, automation software (bots), hacks, or any unauthorized third-party software to modify or interfere with Twistale games or score-keeping. We reserve the right to reset scores or ban accounts found tampering with game mechanics.

6. PROHIBITED CONDUCT AND SAFETY

Twistale is a safe harbor for children. You agree strictly to the following Code of Conduct:

• No PII: You will not post or share personal information (real name, address, school) of yourself or others in public areas.
• No Harassment: Bullying, hate speech, and sexual content are strictly prohibited and will result in an immediate ban.
• No Solicitation: You may not use the Site to advertise or solicit others to buy or sell products or services.

7. DISCLAIMERS AND LIMITATION OF LIABILITY

7.1 "As Is" Warranty

THE SITE, SERVICES, AND ALL INFORMATION, CONTENT, MATERIALS, AND PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TWISTALE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION CONTAINED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

7.2 Professional Advice Disclaimer

Content provided in character blogs or newsletters is for entertainment purposes only and does not constitute medical, legal, psychological, or financial advice. Do not rely on fictional characters for life decisions.

7.3 Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, TWISTALE LLC (IN FORMATION) AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

Liability Cap: IN NO EVENT SHALL TWISTALE'S TOTAL LIABILITY TO YOU EXCEED THE GREATER OF (A) THE TOTAL AMOUNT PAID BY YOU TO TWISTALE IN THE SIX (6) MONTHS PRIOR TO THE CLAIM, OR (B) $100.00.

8. DISPUTE RESOLUTION AND ARBITRATION

8.1 Binding Arbitration

ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR USE OF TWISTALE'S SERVICES OR PRODUCTS WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT.

The arbitration will be conducted or appointed by the Israeli Institute of Commercial Arbitration (IICA) under its rules.

8.2 Class Action Waiver

WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. IF A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.

8.3 Governing Law

These Terms are governed by the Israeli Arbitration Act, applicable Israeli law, and the laws of the State of Israel, without regard to principles of conflict of laws.

9. MISCELLANEOUS

9.1 Severability

If any provision of these Terms is deemed invalid or unenforceable, that provision shall be deemed severable and shall not affect the validity of the remaining provisions.

9.2 Modifications

We reserve the right to change these Terms at any time. We will provide notice of material changes via email or a prominent notice on the Site. Your continued use of the Site after such changes constitutes acceptance.