Thank you for choosing to use the Showrunner platform. These Terms of Service establish the legal relationship between Fable, Inc. (“Fable,” “we,” “our”) and the individual or entity (“Customer,” “you,” “your”) who accesses or uses our services, applications, or platform via our website at Fable.com (the “Site”), through any of our Discord servers, or by any other means (collectively, the “Services”). These Terms clarify your rights concerning any images, videos, or other digital assets (“Assets”) generated through the Service, the prompts or inputs (“Inputs”) you submit, your use of the Services, and other critical provisions such as dispute resolution mechanisms like arbitration. Please read these Terms carefully, along with our Privacy Policy and other referenced documents, including the Community Guidelines.

​

BY CLICKING “I ACCEPT ,” OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING FABLE’S PRIVACY POLICY (TOGETHER, THIS “AGREEMENT” OR THESE “TERMS ”). If you are not eligible, or do not agree to These Terms, then you do not have our permission to use the Service. YOUR USE OF THE SERVICE, AND FABLE’S PROVISION OF THE SERVICES TO YOU, CONSTITUTES AN AGREEMENT BY FABLE AND BY YOU TO BE BOUND BY THIS AGREEMENT.

​

ARBITRATION NOTICE. Except for certain kinds of disputes described in Section 11, you agree that disputes arising under this Agreement will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND FABLE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.

​

1.    Service Availability, Performance, and Restrictions
Fable continuously endeavors to enhance the Services; however, the Services are subject to modifications, updates, and changes at any time, including but not limited to alterations in the art style of Assets, the algorithms used to generate Assets, and available features. We provide no guarantees regarding the quality, stability, uptime, or reliability of the Services. You are advised not to rely on any specific attributes of the Services or Assets, as dependencies may be removed or altered without prior notice. Fable shall not be liable for any damages or harm resulting from your reliance on the Services or Assets.

The Services and Assets are provided on an “AS IS” basis, without any warranties of any kind, whether express, implied, or statutory, including but not limited to warranties of title, non-infringement, merchantability, or fitness for a particular purpose. It is your sole responsibility to evaluate the suitability of the Services and Assets for your intended use and to bear any risks arising from such use.

Fable reserves the right, at its sole discretion, to suspend, limit, or terminate your access to the Services at any time and for any reason. You agree not to use the Services to develop or offer any competitive products or services, nor to reverse engineer, decompile, disassemble, or attempt to derive source code from the Services or Assets. You shall not use automated tools or scripts to access, interact with, or generate Assets through the Services, nor resell or redistribute access or use of the Services. Each registered account is for a single user; multiple users may not share a single account.

You agree not to use the Services to infringe or attempt to infringe upon the intellectual property rights of others, including copyrights, patents, or trademarks. Violations may result in legal action, account suspension, or permanent ban from the Services.

Fable reserves the right to investigate complaints or reports of violations of this Agreement and to take appropriate actions, including but not limited to reporting suspected unlawful activity to law enforcement authorities, regulators, or other relevant third parties. We may disclose user information, including profiles, email addresses, usage data, posted content, IP addresses, and traffic information, when deemed necessary or appropriate for such investigations or legal proceedings.

 

2.    User Requirements
By accessing or using the Services, you represent and warrant that you are at least 18 years old and meet the minimum age of legal consent applicable in your jurisdiction. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms. If you are of legal age to access the Services but are not authorized to provide consent on your own behalf, a parent or legal guardian must review and agree to these Terms on your behalf.

While Fable strives to make its Services appropriate for a general audience, including PG-13 and family-friendly content, the Assets are generated by an artificial intelligence system based on user inputs. As this is a developing technology, the outputs may not always be suitable or accurate. Fable makes no guarantees regarding the appropriateness, safety, or suitability of the Assets for any particular user or purpose.

 

3.    Your Information
By utilizing the Services, you may provide Fable with certain personal information, including but not limited to your email address, username, billing information, preferences, output data, text prompts entered by you, or sample images, audio recordings, or other content uploaded to the Service. Our collection, use, and protection of your personal information are governed by our Privacy Policy, which can be accessed here.

 

4.    No Fees
Fable currently offers the Services for free, but Fable has the right to start charging for the user of the Services at a future date. In exchange for using the Services at no charge, Fable reserves the right to include a “Try Showrunner.xyz” watermark in all videos and You agree not to remove or alter it.

​

5.    Content Rights
a.    Your Rights and Responsibilities
For shows that you create, you retain ownership of all Assets you have created using the Services to the maximum extent permitted by applicable law, subject to certain limitations:

●    Your ownership rights are subject to the terms of this Agreement and the rights of third parties.
●    If you are a corporate entity or an employee of a company with annual revenue exceeding $250,000 USD, you must be a paid subscriber to access the Services.
●    If you enhance or upscale images originally created by others, the ownership of those original images remains with the original creators.

For detailed information regarding intellectual property rights and their current legal status in your jurisdiction, you should consult your own legal counsel. 

b.    User Content 
Any inputs, assets, or other materials such as messages, photos, audio recordings, text scripts, or other content that you submit to or generate using the Services (collectively, “Content”) are your sole responsibility. You warrant that all Content you provide or create does not infringe upon the rights of third parties, complies with applicable laws, and complies with this Agreement. You affirm that you have obtained all necessary rights, licenses, or permissions to use, upload, share, or disseminate the Content through the Services.

c.    Licenses Granted to Fable
By using the Services, You grant to Fable, its affiliates, successors, and assigns a perpetual, worldwide, non-exclusive, sublicensable, fully paid-up, royalty-free, irrevocable license to host, store, transfer, publicly display, publicly perform (including by means of a digital audio transmission), communicate to the public, reproduce, modify for the purpose of formatting for display, create derivative works of, and distribute the Content You input into the Services, as well as any Assets produced by You through the Service, in whole or in part, in any media formats and through any media channels, in each instance whether now known or hereafter developed. This license survives termination of this Agreement by any party, for any reason.

d.    Remixing and Open Community Use
Please be advised that Fable operates as an open community platform, where Content posted in public spaces, such as chatrooms or shared environments, is accessible to other users and may be remixed or reused by others. Content posted publicly on or generated through the Services is viewable and remixable. You explicitly grant Fable the necessary rights and licenses to facilitate this functionality. Note that any Assets you create or share in shared or public environments, such as Discord chatrooms, are accessible to all participants in that environment, and consequently, may be viewed, used, or remixed by anyone present, and you hereby authorize the same.

 

6.    DMCA and Takedown Policy
We respect the intellectual property rights of others. If you believe that material available via or linked to from the Services infringes your copyright, please contact us in accordance with our Digital Millennium Copyright Act Policy. 

 

7.   Community Guidelines 
You agree that you will not under any circumstances violate our Community Guidelines,  as may be updated from time to time.
 

8.    Modifications to the Services

Fable reserves the right to modify or discontinue any portion of the Service, including changes to pricing and features, at any time without prior notice. Furthermore, Fable reserves the right to terminate your access to the Services for any reason or no reason, including violations of the Community Guidelines or other inappropriate use of the Service. Any breach of the Community Guidelines constitutes a breach of this Agreement.

 

9. Limitation of Liability and Indemnity

THE SERVICES ARE PROVIDED ON AN “AS IS” AND ON AN “AS AVAILABLE” BASIS, AND FABLE MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICES, INCLUDING: (a) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (b)  ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. FABLE DOES NOT WARRANT THAT THE SERVICES OR ANY PORTION OF THE SERVICES, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICES, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND FABLE DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.

​

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU ACKNOWLEDGE AND AGREE THAT FABLE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, USE, GOODWILL, OR DATA, ARISING FROM OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE SERVICES, REGARDLESS OF THE CAUSE OR THEORY OF LIABILITY, AND WHETHER OR NOT FABLE HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

​

EXCEPT AS PROVIDED IN SECTIONS 11.E (COMMENCING ARBITRATION) AND 11.G (ARBITRATION RELIEF) AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF FABLE TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICES OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (a)  THE AMOUNT YOU HAVE PAID TO FABLE FOR ACCESS TO AND USE OF THE SERVICES IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO THE CLAIM AND (b) US$100.

​

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

​

You are solely responsible for your interactions and conduct when using the Services. Fable shall not be liable for any harm, damages, or disputes related to your conduct or interactions with third parties. To the maximum extent permitted by law, you agree to indemnify, defend, and hold harmless Fable, its affiliates, and its personnel from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to your use of the Services or Assets, your violation of these Terms, or your infringement of third-party rights.

 

You and Fable agree that any claim or cause of action arising out of or relating to the Services must be commenced within one (1) year after the cause of action accrues, or such claim or cause of action shall be permanently barred.

 

10.    Fable’s Showrunner Editor Terms 
The Showrunner Editor (“Editor”) is a tool included as part of the Services and is subject to the terms and conditions set forth in this Agreement. By accessing and using the Editor, you agree to abide by the provisions outlined herein, which govern your access, use, and conduct regarding the Editor. If you do not agree to these terms, you must refrain from using the Editor and disable your access immediately.

a.    Access and Restrictions
Subject to your compliance with this Agreement, Fable grants you a limited, non-exclusive, non-transferable license to access and use the Editor solely for personal or authorized purposes. You agree not to violate any applicable laws, this Agreement, the Fable Community Guidelines, or any other policies or guidelines provided by Fable during your use of the Editor. You represent and warrant that you meet all applicable age requirements specified in this Agreement. Fable reserves the right, at its sole discretion, to remove any content uploaded or generated through the Editor, as well as to suspend or terminate your access to the Editor at any time and for any reason.

​

b.    Content
You are solely responsible for all content, including images, audio recordings, prompts, scripts and other materials (“Content”) that you input into or generate using the Editor. You affirm that you possess all necessary rights, licenses, and permissions to upload, modify, produce, and share such Content. You further warrant that all Content you provide or generate does not infringe or violate the intellectual property or privacy rights of any third party. You agree not to upload or generate Content that infringes, or is unlawful, defamatory, or invasive of third-party rights.

 

11.    Dispute Resolution and Arbitration 

a.    Generally
Except as described in Section 11.b (Exceptions) and 11.c (Opt-Out), you and Fable agree that every dispute arising in connection with these Terms, the Services, or communications from us will be resolved through binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, is less formal than a court proceeding, may allow for more limited discovery than in court, and is subject to very limited review by courts. This agreement to arbitrate disputes includes all claims whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. Any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement will be resolved by the arbitrator.
YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND FABLE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

b.    Exceptions
Although we are agreeing to arbitrate most disputes between us, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in a court of law in aid of arbitration; or (iv) to file suit in a court of law to address an intellectual property infringement claim.

 

c.    Opt-Out
 If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 11 (Dispute Resolution and Arbitration) within 30 days after the date that you agree to these Terms by sending a letter to Fable Studio, Inc., Attention: Legal Department – Arbitration Opt-Out, 5214 Diamond St., San Francisco, CA 95131 that specifies: your full legal name, the email address associated with your account on the Services, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once Fable receives your Opt-Out Notice, this Section 11 (Dispute Resolution and Arbitration) will be void and any action arising out of these Terms will be resolved as set forth in Section 12.f (Governing Law). The remaining provisions of these Terms will not be affected by your Opt-Out Notice.

 

d.  Arbitrator

This arbitration agreement, and any arbitration between us, is subject to the Federal Arbitration Act and will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at +1-800-778-7879, or by contacting Fable.

​

e.    Commencing Arbitration
Before initiating arbitration, a party must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Fable’s address for Notice is: Fable Studio, Inc., 5214 Diamond St., San Francisco, CA 95131. The Notice of Arbitration must: (i) identify the name or account number of the party making the claim; (ii) describe the nature and basis of the claim or dispute; and (iii) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or Fable may commence an arbitration proceeding. The payment of all fees will be governed by the AAA Rules.

f.    Arbitration Proceedings
Any arbitration hearing will take place in the county and state of your residence unless we agree otherwise or, if the claim is for US$10,000 or less (and does not seek injunctive relief), you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a telephonic or video hearing; or (iii) by an in-person hearing as established by the AAA Rules in the county (or parish) of your residence. During the arbitration, the amount of any settlement offer made by you or Fable must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. 

g.    Arbitration Relief
Except as provided in Section 11.h (No Class Actions), the arbitrator can award any relief that would be available if the claims had been brought in a court of competent jurisdiction. If the arbitrator awards you an amount higher than the last written settlement amount offered by Fable before an arbitrator was selected, Fable will pay to you the higher of: (i) the amount awarded by the arbitrator and (ii) US$10,000. The arbitrator’s award shall be final and binding on all parties , except (1) for judicial review expressly permitted by law or (2) if the arbitrator’s award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator‘s application or conclusions of law. Judgment on the award may be entered in any court having jurisdiction.

h.    No Class Actions
YOU AND FABLE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. 

i.    Modifications to this Arbitration Provision
If Fable makes any substantive change to this arbitration provision, you may reject the change by sending us written notice within 30 days of the change to Fable’s address for Notice of Arbitration, in which case your account with Fable will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.

j.    Enforceability
If Section 11.h (No Class Actions) or the entirety of this Section 11 (Dispute Resolution and Arbitration) is found to be unenforceable, or if Fable receives an Opt-Out Notice from you, then the entirety of this Section 11 (Dispute Resolution and Arbitration) will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 12.f (Governing Law) will govern any action arising out of or related to these Terms. 

​

12.    Miscellaneous

a.    General Terms
These Terms, including Fable’s Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Fable regarding your use of the Services. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms and all rights granted under these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself.

b.    Force Majeure
Neither party shall be held liable for failure or delay in performance arising from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, terrorism, riots, war, or other events beyond the party’s control.

​

c.    No Third-Party Beneficiaries
This Agreement is for the benefit of the parties only and does not confer any rights, remedies, or benefits upon any third parties unless explicitly stated herein.

​

d.    No Agency
This Agreement does not create any agency, partnership, joint venture, or employment relationship between the parties. Neither party shall have authority to bind or obligate the other in any manner.

​

e.    Survival

Sections of this Agreement and associated obligations that by their nature would reasonably be expected to survive termination or expiration of this Agreement, including but not limited to intellectual property rights and confidentiality/privacy provisions, shall survive any such termination.

​

f.    Severability

If any provision of this Agreement is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

​

g.    Governing Law
This Agreement shall be governed solely by the laws of the State of California, USA, without regard to conflicts of law principles. You and Fable submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Santa Clara County, California for resolution of any lawsuit or court proceeding permitted under these Terms.

h.    Modification of Terms 
We may, from time to time, change these Terms. Please check these Terms periodically for changes. Revisions will be effective immediately except that, for existing users, material revisions will be effective 30 days after posting or notice to you of the revisions unless otherwise stated. We may require that you accept modified Terms in order to continue to use the Service.  If you do not agree to the modified Terms, then you should discontinue your use of the Services. Except as expressly permitted in this Section 12.g, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms.

 

i.    Consent to Electronic Communications
You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
 

​

​

​
 

​
 

​
 

​

​

​
 

​
 

​