Terms and Conditions of Use

These Terms and Conditions ("Terms") govern access to and use of booksmaker.ai and the Books Maker service (the "Service"), provided by Data Prompting S.r.l.s. ("Provider", "we"). By using the Service you fully accept these Terms. If you do not accept them, do not use the Service.

1. Definitions

• Provider: Data Prompting S.r.l.s., Viale Papiniano 22/B, 20123 Milan (MI), Italy, VAT 14802240961.
• User / you: the natural person using the Service.
• Consumer: a User acting for purposes outside their trade, business or profession, under EU consumer law and Italian Legislative Decree 206/2005 ("Consumer Code").
• User Content: prompts, texts, materials and instructions you enter into the Service.
• Generated Content: the books, texts, cover images and other outputs the Service produces from your inputs.
• Credits / Tokens: the prepaid units that allow you to use the generation features.

2. The Service

The Service is an AI-powered platform that assists Users in creating books, from ideation to publication (outline, chapter writing, editing, cover), with export to formats such as PDF, EPUB and DOCX. The Service is an assistive tool: creative control and responsibility for the final result remain with the User.

3. Requirements and account

• To use the Service you must be at least 18 years old and able to enter into a binding contract.
• You are responsible for the accuracy of the information you provide and for keeping your credentials confidential.
• You are responsible for all activity carried out through your account.

4. Payments, pricing and Merchant of Record

• The Service is offered on a pay-as-you-go basis: you purchase prepaid Credits (e.g. a €10 top-up with base model ~200 pages, premium ~30 pages, ultra ~15 pages, or up to 50 images at €0.20 each). A free Starter trial plan is available. There is no auto-renewing subscription, unless otherwise stated on the pricing page.
• Unless otherwise stated, purchased Credits do not expire.
• Sales and collection of payments are handled through Lemon Squeezy, acting as authorised reseller and "Merchant of Record". This means Lemon Squeezy is your contractual counterparty for payment, issues the tax documentation, and manages the application of VAT and sales taxes across jurisdictions. Lemon Squeezy's terms and privacy policy also apply to the payment.
• Prices may change; changes apply only to subsequent purchases and do not affect Credits already purchased.
• Prices are shown inclusive of VAT/taxes where required by the law applicable to your country.

5. Consumer right of withdrawal and immediate performance

The Service provides digital content and digital services performed immediately.

• When purchasing Credits, we ask for your express consent to begin performance immediately and your acknowledgement that, under the EU Consumer Rights Directive and Arts. 51(8) and 59(o) of the Italian Consumer Code, you lose your 14-day right of withdrawal for the part of the Service already performed (Credits already used to generate content).
• For Credits not yet used, a Consumer may withdraw within 14 days of purchase and obtain a refund of the unused portion by writing to support@booksmaker.ai.
• Nothing in these Terms limits the mandatory rights granted to Consumers by law.

6. Refunds

Without prejudice to the right of withdrawal (§5) and mandatory statutory rights, Credits already used are non-refundable. If a malfunction attributable to the Provider prevents use of Credits, we will offer to restore the Credits or refund the unused portion. Payment-related refund requests may also be handled through Lemon Squeezy as Merchant of Record.

7. Intellectual property

• User Content: you retain all rights in the materials and inputs you provide. You grant us a limited, non-exclusive, royalty-free licence strictly necessary to provide the Service (to process, host, transmit to AI providers and return the output to you). This licence does not include using your content to train AI models or for promotional purposes without your consent.
• Generated Content: subject to payment, you acquire the rights in the Generated Content to the extent such content is protectable and transferable under applicable law. The Provider claims no ownership over it.
• Platform: the software, the "Booksmaker" brand, the design and website content remain the property of the Provider or its licensors.

8. AI-generated content — important notices

• Generated Content is produced by artificial intelligence models and may not be protectable by copyright in some jurisdictions, or only partially, due to the absence or limited nature of human creative input.
• Generated Content may resemble third-party works. You are responsible for verifying its originality, accuracy and non-infringement of third-party rights before any publication or commercial use.
• If you publish on third-party platforms (e.g. Amazon KDP, Apple Books, Google Play Books, Kobo), you must comply with their terms, including any obligation — where required — to disclose the use of AI-generated content.
• The Provider does not warrant that Generated Content is fit for publication or suitable for any particular purpose.

9. Acceptable use

You agree not to use the Service to generate, upload or distribute content that:

• is unlawful, defamatory, obscene, or that incites hatred or violence;
• constitutes child sexual abuse material (CSAM) or otherwise unlawfully involves minors;
• infringes intellectual property rights, privacy rights or other rights of third parties;
• constitutes harmful disinformation, fraud or deception;
• contains malware or aims to compromise the security of the Service.

Reverse engineering, unauthorised automated use (scraping/bots) or resale of the Service without authorisation are also prohibited. Violations may result in suspension or closure of your account.

10. No warranty on output

The Service and the Generated Content are provided "as is". The Provider does not warrant the accuracy, completeness, reliability or fitness of the Generated Content. You use the Service and its results at your own risk, without prejudice to mandatory Consumer rights.

11. Limitation of liability

To the maximum extent permitted by applicable law:

• the Provider is not liable for indirect damages, loss of profit, loss of data or loss of opportunity arising from the use or unavailability of the Service;
• the Provider's total aggregate liability, on any basis, is limited to the amount paid by the User in the 12 months preceding the event.

Nothing in these Terms excludes or limits the Provider's liability for wilful misconduct or gross negligence, for death or personal injury, or any other liability that cannot be excluded by law. Consumers retain the mandatory rights granted by applicable consumer protection law.

12. Indemnity

You agree to hold the Provider harmless from third-party claims arising from your User Content or from your use of Generated Content in breach of these Terms or the law. This obligation applies to Consumers only to the extent permitted by law.

13. Suspension and termination

You may stop using the Service and delete your account at any time. The Provider may suspend or close your account in the event of a breach of these Terms or of legal obligations, giving reasonable notice where possible, except in cases of serious misconduct or security risk.

14. Changes to the Terms

The Provider may amend these Terms. Changes will be communicated via the website or by email with reasonable notice and will apply to subsequent use. If you do not accept them, you may stop using the Service.

15. Geographic availability

The Service is not offered in countries or territories subject to international embargoes or sanctions (EU, UN, U.S.), nor to persons subject to restrictive measures. You represent that you are not located in such a country and are not subject to such measures.

16. Governing law and jurisdiction

• These Terms are governed by Italian law.
• For Consumers: the more favourable mandatory provisions of the law of the Consumer's country of residence continue to apply (Reg. EU 593/2008 "Rome I", Art. 6). Disputes with Consumers are subject to the courts of the Consumer's place of residence or domicile, where mandatory.
• For non-consumer users: the exclusive jurisdiction of the courts of Milan, Italy.
• EU Consumers may also use the EU Online Dispute Resolution (ODR) platform.

17. Contact

Data Prompting S.r.l.s. – Viale Papiniano 22/B, 20123 Milan (MI), Italy
VAT 14802240961 – support@booksmaker.ai