Terms of use and sale

These terms of use and sale (the "Terms") govern access to and use of the Lunalulu mobile application, as well as subscription to its paid offer. They form a contract between you and the publisher. If you do not accept them, do not install or use the App.

1. Definitions

• App: the Lunalulu mobile application, for iPhone, iPad and Android, including its content, its updates and the online services associated with it.
• Publisher, "we": BAUGEY MATHEO, doing business as DEVOLIM, identified in Article 2.
• User, "you": any adult individual who installs and uses the App for personal and family purposes.
• Stories: the audio stories offered in the App, told by the Storyteller or with your Voice, with their characters' lines.
• Storyteller: the narration voice offered by default in the App.
• Voice: the synthetic voice created, with your consent, from the recording of your own voice, and used to read the narrator's passages of the Stories.
• Lunalulu+ Offer: the optional paid offer giving access to additional features, described in Article 11.
• Moons: the units, with no monetary value, used to have a Story told with a Voice, described in Article 11a.
• Created Story: a Story written at your request by an artificial intelligence, with "Create a story" (Article 8a).
• Platform: Apple's App Store or Google's Google Play, which distribute the App and sell the Lunalulu+ Offer.

2. Publisher

The App is published by BAUGEY MATHEO, sole trader (EI), trading as DEVOLIM, 248 rue de Bègles, 33800 Bordeaux, France, SIREN 948 000 757. Contact: [email protected]. The legal notice supplements these Terms.

3. Purpose

The Terms set out the rules for using the App, the mutual commitments of the Publisher and the User, and the terms of sale of the Lunalulu+ Offer. The privacy policy forms an integral part of the Terms.

4. Acceptance

By installing or using the App, you accept these Terms, which are available at any time from the App (Settings, "Terms of use") and on this website. Creating your Voice is also subject to a separate, express consent, obtained in the App before any recording (Article 7).

5. Conditions of access

• The App is intended for adults. Recording a Voice and subscribing to the Lunalulu+ Offer are reserved for adults. Children listen to the Stories under the responsibility of the adult using the App (Article 9).
• The App is free to download. It works without an account: you are not asked for any name, email address or password. An anonymous technical identifier, specific to your installation, is created automatically.
• The App, the Stories and the Voice are available in French, English (US and UK), German, Spanish (Mexico and Spain), Brazilian Portuguese, Italian, Dutch, Japanese, Korean, Polish, Swedish, Norwegian, Danish and Turkish. The App is displayed in the phone's language when that language is offered, and in English otherwise. The Stories are adapted to each language and its country, with their own storytellers, and the Voice is created in the App's language.
• You need a compatible, up-to-date phone. Creating your Voice, downloading and preparing Stories and making purchases require an internet connection, at your own expense depending on your plan. A Story that has been downloaded or already prepared can be played without a connection.

6. Description of the service

The App offers, in particular: a catalog of bedtime Stories, sorted by theme; listening to them in the Storyteller's voice; creating a Voice from a short recording of your voice, and listening to the Stories with this Voice as the narrator, the characters having their own voices; creating, with the Lunalulu+ Offer, Stories written for your child by artificial intelligence based on a short scenario, then told in your Voice or by one of the App's storytellers ("Create a story," Article 8a); soft music tracks, which can keep playing after the story, some of which are reserved for the Lunalulu+ Offer and downloaded on demand; downloading the Storyteller's Stories and keeping prepared Stories on the phone, for listening without a connection; favorites; sending ideas and reports to the team. The catalog grows over time. Features may change under the conditions of Article 13.

Listening to the catalog Stories in the Storyteller's voice is available without a subscription. Listening to Stories in your Voice is part of the Lunalulu+ Offer, including during any trial period, and uses Moons (Article 11a); no excerpt is prepared with your Voice for free. "Create a story" is also part of the Lunalulu+ Offer: writing uses no Moons, having the Story told does (Article 8a). The music tracks reserved for the Lunalulu+ Offer are downloaded on demand, with an internet connection, and then stay on the phone; they only play while the Lunalulu+ Offer is active, otherwise a track available without a subscription plays in their place.

7. Your voice

Creating your Voice requires your express consent, given in the App after information on how it works. By giving it, you represent and warrant that:

• you are an adult;
• you are recording your own voice, and only yours. It is prohibited to record, have recorded or distribute through the App the voice of another person, adult or child, including a family member, even with their consent, as well as any pre-existing recording (message, video, broadcast);
• you agree that your recording will be sent to our speech synthesis provider, under the conditions described in the privacy policy.

Several Voices may be associated with your installation of the App, up to the limit shown in the App; adding a Voice beyond the first is part of the Lunalulu+ Offer. Each Voice belongs to an adult who records it themselves and gives their own consent. Re-recording a Voice replaces the previous one. Each Voice can be deleted at any time (Settings, "Your voices"): it is then deleted at our provider, along with the Stories prepared with it, without affecting the other Voices. Each person remains the holder of the rights to their voice and authorizes the Publisher and its provider to create and use their Voice solely for the operation of the App, for you, until it is deleted.

Using another person's voice without their consent may also be a criminal offense: Article 226-8 of the French Criminal Code punishes with one year's imprisonment and a fine of 15,000 euros (2 years and 45,000 euros when committed through an online public communication service) making available to the public or to a third party audio content generated by algorithmic processing that represents a person's words, without their consent, if it is not obvious that it is such content or if this is not expressly stated.

In the event of use contrary to this article, the Publisher may delete the Voice concerned and restrict access to the App's online services, without prejudice to any action that the person whose voice was used may bring.

8. Synthetic voice and generated stories

• Your Voice is a synthetic voice produced automatically by our provider's artificial intelligence system: it strives to sound like you, without being able to reproduce your voice, intonation or accent exactly. The quality of the result depends in particular on the recording (noise, distance, pace).
• Stories generated with your Voice are provided for strictly private and family use, within the App. It is prohibited to extract them in order to distribute them publicly, post them on a social network or platform, sell them, or use them to make people believe that you or a third party said something.
• Preparing a Story with your Voice requires an internet connection and may take a moment the first time. It is part of the Lunalulu+ Offer: each Story told with a Voice uses Moons (Article 11a). Technical limits, shown in the App when they apply, also protect the service against abusive use.

8a. Create a story

• With the Lunalulu+ Offer, you can have a Story written based on a short scenario (hero's first name, theme, an idea, length, age), then have it told in your Voice or by one of the App's storytellers, or keep it without a voice (text only). The Story is written by artificial intelligence (an OpenAI language model): it may contain awkward passages or errors. You read it over before its audio is produced; you can edit it yourself, by hand, as many times as you like, and also ask Hibou for up to 3 revisions with a short instruction. You remain the judge of whether it is suitable for your child, including the passages you edited.
• The content is checked automatically: violence, sexual content, hate, incitement to danger, other people's personal data, and the use of protected characters, brands or works are refused. You agree not to attempt to circumvent these checks, to provide only information and photos you have the right to use, and not to provide a last name, address, contact details or health information.
• Created Stories are reserved for strictly private and family use, under the conditions of Article 8. They are kept on your phone; their audio stays on our servers for 7 days at most after it is made, while it is downloaded.
• Writing Stories with Hibou is unlimited within normal personal use: as a guide, 30 requests per day and 500 per month (writing and revisions by Hibou included), beyond which writing resumes the next day or the next month. The edits you make yourself, by hand, count neither toward these requests nor toward the 3 revisions by Hibou, and use no Moons; a technical rate limit only protects the service against abusive or automated use. Each Story lasts 3, 5 or 7 minutes. Having it told uses Moons (Article 11a), whether it is told in your Voice or by a storyteller: 1 Moon, or 2 for a 7-minute Story, for each voice chosen. Keeping the Story without a voice uses no Moons. After a revision, the Story can be made again with the same Voice without a new Moon, within the limit shown in the App. A created Story and its revisions are not refundable once produced; a technical failure does not count against anything.

8b. AI-generated content

In accordance with Article 50 of Regulation (EU) 2024/1689 on artificial intelligence, we inform you that: the Voices, including yours, are synthetic voices produced by an artificial intelligence system; Created Stories are written by an artificial intelligence system; every audio file made with a synthetic voice carries a machine-readable label stating that it was generated by artificial intelligence. You agree not to remove or alter this label, and never to present a Story prepared with a Voice as a real recording of the person.

9. Use with children

The Stories are written for children; the App itself is used by an adult, who remains responsible for its use with them. The App does not replace an adult's presence or supervision. We recommend that you start the Story yourself, set a moderate volume, avoid prolonged listening through headphones or earbuds for young children, and place the phone out of reach and away from the bed. You remain the judge of whether a Story is suitable for your child's age and sensitivity.

Catalog Stories and Created Stories are designed for children aged 3 to 10. Created Stories are checked automatically before they are delivered (Article 8a); if this check cannot take place, the Story is not delivered. Since no automatic check is perfect, you can report from the App any Story or passage that seems inappropriate: every report is reviewed (Article 21a).

10. Permitted use and prohibitions

The App is reserved for personal, family and non-commercial use. In particular, you agree not to:

• use the App in a way that is contrary to its purpose, to these Terms or to the law;
• record a voice other than your own, or misuse your Voice or the Stories in the ways prohibited by Articles 7 and 8;
• circumvent or attempt to circumvent the protections, the usage limits or access to the Lunalulu+ Offer;
• extract, copy or reuse the Stories and the App's content in an automated or large-scale manner, or in order to redistribute them;
• decompile, disassemble or reverse engineer the App, except in the cases expressly permitted by law;
• disrupt the operation of the App or of the servers associated with it;
• send the team unlawful content or information about third parties without their consent.

In the event of a breach, the Publisher may restrict access to the App's online services, under the conditions of Article 17.

11. Lunalulu+ offer (terms of sale)

The App may offer a paid option (auto-renewing subscription and/or in-app purchase) giving access to additional features. The nature of the offer, its price, its duration, its renewal terms and, where applicable, whether a free trial is offered and for how long, are shown in the App and by the Platform (App Store or Google Play) before you confirm any purchase; this information may change and the version displayed at the time of purchase prevails.

Price and payment

Prices are those shown in the App and by the Platform at the time of purchase, including all taxes, in your account's currency. They may vary by country and change over time; any increase is notified to you by the Platform before it takes effect, according to its rules. Payment is made through your Apple or Google account: the Publisher receives neither your payment details nor your identity.

Trial period

When a free trial period is offered, its terms are those shown at the time of subscription. Unless canceled at least 24 hours before it ends, the subscription continues automatically and the current price is charged by the Platform.

Renewal and cancellation

The subscription is renewed automatically for the same period at the end of each period, unless canceled at least 24 hours before it ends. You can cancel at any time from your Platform account settings (uninstalling the App does not cancel the subscription):

• iPhone and iPad: apps.apple.com/account/subscriptions
• Android: play.google.com/store/account/subscriptions

Cancellation takes effect at the end of the current period; access to the paid features is maintained until then.

Right of withdrawal

Consumers in principle have 14 days to withdraw from a distance contract. For the Lunalulu+ Offer subscription, which is a digital service, this right is exercised with the Platform; if you asked for the service to start during this period, the amount corresponding to the service supplied until withdrawal may remain payable (Article L.221-25 of the French Consumer Code). For Moons and Created Stories, which are digital content not supplied on a tangible medium, the right of withdrawal can no longer be exercised once their supply has begun, that is, as soon as a Moon is used or a Created Story is produced, where you gave your prior express consent, acknowledged that you thereby lose your right of withdrawal, and confirmation of this consent was provided to you on a durable medium (Article L.221-28, 13°, of the French Consumer Code), in particular when purchasing from the Platform, under its terms. Since in-app purchases are made with Apple or Google, the right of withdrawal and its exceptions are exercised with the Platform concerned, according to its terms.

Refunds

Payments are collected by Apple or Google. Any refund request is therefore handled by the Platform concerned: reportaproblem.apple.com for iPhone and iPad, or Google Play support for Android. The Publisher does not have the technical ability to issue a refund itself.

Restoring purchases

On a new phone, the Lunalulu+ Offer can be recovered with the same Apple or Google account, using the App's "Restore purchases" feature. Your Voice, linked to your old installation, is not transferred: simply record it again.

11a. Moons

• What a Moon is for. 1 Moon lets you have 1 catalog Story told with a Voice, or have 1 Created Story told, with a Voice or by a storyteller (2 Moons for a 7-minute Created Story). A Story already paid for in the current cycle can be played again without a new Moon; the same Story with another Voice uses one more Moon. A Created Story that you edit after it has been told is made again without a new Moon, with the same Voice, up to twice, if no more than 1,500 characters have changed since the last paid telling; beyond that (for example, a rewritten Story), having it told uses its Moons again. Listening to a catalog Story with the Storyteller requires no Moon.
• Lunalulu+ Offer Moons. The Lunalulu+ Offer gives 15 Moons per cycle (3 during the free trial). A cycle lasts one month and starts on the anniversary date of your subscription: at each renewal for the monthly subscription, every month on the same date for the annual subscription. Unused Moons carry over to the next cycle, without the cycle's Moons exceeding 25; those from the free trial do not carry over. They end with the subscription.
• Pack of 10 Moons. Moons can be bought in packs of 10, as an in-app purchase, at the price shown in the App and by the Platform. Purchased Moons never expire: they have no validity period and remain available for as long as the App is offered, including after "Erase everything" or a long period without opening the App (subject to "Discontinuation of the service" below). They come on top of the cap of 25, and are used after the cycle's Moons. They are used with an active Lunalulu+ Offer: without a subscription, they are kept and become usable again as soon as the Lunalulu+ Offer is resumed. "Restore purchases" brings them back with the same Apple or Google account.
• Nature of Moons. Moons have no monetary value and cannot be exchanged, transferred to another person or converted into money. A Moon that has been used is not refundable. A Moon is not deducted if the Story fails to be made for a technical reason. A pack refunded by the Platform no longer gives a right to the corresponding Moons.
• Discontinuation of the service. If the App or the feature of telling stories with a Voice is permanently discontinued, the Publisher informs you in advance in the App and, upon simple request to [email protected], refunds the value of unused purchased Moons, pro rata to the price paid for the pack.

12. Legal guarantee of conformity

Consumers benefit from the legal guarantee of conformity applicable to digital content and services, provided for in Articles L.224-25-12 et seq. of the French Consumer Code. They have two years from the supply of the digital content to obtain its conformity, free of charge and without major inconvenience. When the digital content or service is supplied continuously, as with a subscription, the Publisher is liable for any lack of conformity that appears throughout the supply period.

13. Availability and changes

The Publisher strives to ensure that the App works properly, without being able to guarantee continuous availability of the online services (catalog, Voice creation, Story preparation, purchase verification), which may be interrupted for maintenance, updates, technical incidents, heavy traffic or the failure of a provider, in particular the speech synthesis provider. Stories already downloaded or prepared remain available on the phone, offline.

The Publisher may change the App and its catalog, add, modify or remove Stories or features, in particular to improve it, adapt it to the law or strengthen security, while respecting the rights you hold under the current Lunalulu+ Offer and the legal guarantee. If a change negatively and more than trivially affects your access to or use of the App, you are informed in advance and you may terminate the contract under the conditions provided for by the French Consumer Code. If the App or the Lunalulu+ Offer is permanently discontinued, the Publisher informs you in the App with reasonable notice, stops new subscriptions and refunds unused purchased Moons under the conditions of Article 11a.

14. Intellectual property

The App and its elements (Stories, texts, characters, audio recordings, voices of the Storyteller and the characters, interface, illustrations, animations, code, the character Hibou and the name of the App) belong to the Publisher or are licensed to it. These Terms grant you a personal, non-exclusive and non-transferable license to use the App and listen to the Stories on your devices, for your personal and family needs, in compliance with the Platform's rules. This license ends when you stop using the App, or when the Publisher restricts your access for a serious breach of these Terms, under the conditions of Article 17; it cannot be withdrawn arbitrarily, and its end does not deprive you of the rights you hold under a current subscription period, purchased Moons (Article 11a) or the law. A Story prepared with your Voice remains a work of the Publisher: you may listen to it in the App, within the limits of Article 8. Any unauthorized reproduction or use is prohibited.

15. Liability

The Publisher provides the App with care and is liable for its obligations under the conditions provided for by law. To the extent permitted by law, the Publisher cannot be held liable for:

• a voice recording made in breach of Article 7, or a use of your Voice or the Stories contrary to Article 8, for which you are responsible;
• an imperfect resemblance between your Voice and your real voice;
• use of the App with children without an adult's supervision, or contrary to the recommendations of Article 9;
• a temporary interruption of the online services, or the temporary unavailability of a Story;
• the loss of Stories kept on the phone, due to your phone, uninstalling the App or using "Erase everything"; they can be prepared again under the App's conditions;
• the operation of third-party services (Platforms, your carrier's network);
• indirect damages, that is, those that do not result directly from a failure by the Publisher.

No promise of sleep. The App offers stories and a bedtime routine: it does not guarantee that your child will fall asleep, nor any effect on the length or quality of their sleep. It does not replace the advice of a doctor or health professional, in particular for sleep problems.

Not an emergency service. The App is neither an emergency service nor a child monitoring device: it detects nothing, alerts no one and cannot be used to raise an alarm. In an emergency, contact your country's emergency services immediately.

Nothing in these Terms is intended to exclude or limit the Publisher's liability for gross negligence or willful misconduct, for personal injury attributable to it, or to deprive consumers of the rights granted to them by law, in particular under the legal guarantee of conformity. The limitations above apply only to the extent permitted by law.

16. Force majeure

The Publisher cannot be held liable for a failure resulting from force majeure within the meaning of Article 1218 of the French Civil Code, in particular a widespread network outage, the failure of a host or an essential provider, a cyberattack, a natural disaster or a decision by an authority.

17. End of use

You can stop using the App at any time. Before uninstalling it, tap "Erase everything" (Settings): your Voice is deleted at our provider and the data our servers keep about your anonymous identifier is erased, under the conditions of the privacy policy. Uninstalling alone does not delete them. Remember also to cancel your subscription with the Platform: uninstalling does not cancel it.

In the event of a serious breach of these Terms (in particular recording someone else's voice, distributing generated Stories, abusive or automated use, attempts to compromise the security of the service), the Publisher may, after informing you where possible, delete the Voice concerned and suspend or restrict access to the App's online services.

18. Third-party services

The App relies on providers (speech synthesis, hosting, subscription management) and on the Platforms, which distribute the App and sell the Lunalulu+ Offer. Use of the Platforms is subject to their own terms. Links to external websites open in your browser, under the responsibility of those websites.

19. Personal data

The processing of personal data, including your voice, is described in the privacy policy, which forms an integral part of these Terms.

20. Changes to the terms

The Terms may change, in particular as the App or the law evolves. The version in force is the one published on this website, dated at the top of the page. Significant changes are announced in the App; if you refuse them, you can stop using the App and cancel your subscription under the conditions of Article 11. Changes do not apply retroactively to a subscription period already paid for.

21. Complaints

Subscriptions and in-app purchases are sold by Apple (App Store) or Google (Google Play), with whom the sales contract is concluded; DEVOLIM provides the service. Refund requests and complaints about a payment are made to them (reportaproblem.apple.com for Apple, play.google.com for Google). Any other complaint may be sent to [email protected].

21a. Reports and point of contact

Single point of contact. In accordance with Articles 11 and 12 of Regulation (EU) 2022/2065 (the Digital Services Act), the Publisher's single point of contact, for users as well as for the authorities of the Member States, the European Commission and the European Board for Digital Services, is [email protected]. You can write to us in French or in English.

Reporting content. You can report a Story or a passage directly in the App, or report to us at this address any content you consider illegal or contrary to these Terms (Article 16 of the same Regulation). So that we can review it, please state: the reasons why you consider the content illegal or inappropriate; the Story and passage concerned; your name and email address (except for child sexual abuse material); and a statement confirming your good-faith belief that the information provided is accurate and complete. We acknowledge receipt of reports sent by email, review them diligently and objectively, and inform you of our decision and of the available means of redress.

Moderation. Texts written or revised by artificial intelligence are checked automatically before they are delivered, by OpenAI's moderation service and by rules given to the model; reports are reviewed by a person. When we refuse or remove content, delete a Voice or restrict access to the online services, we give you the reasons clearly and specifically: the facts and the basis for the decision (a rule of these Terms or a legal provision), any use of automated means, and your means of redress (Article 17 of the same Regulation). You can challenge the decision by replying to our message, or bring the matter before the competent court. Where information gives rise to a suspicion of an offense threatening a person's life or safety, we inform the competent authorities (Article 18 of the same Regulation).

22. Governing law and jurisdiction

These terms are governed by French law. In the event of a dispute, and failing an amicable resolution, the French courts have jurisdiction. Consumers retain the option of bringing proceedings before the court of their place of residence. Consumers residing in another Member State of the European Union retain the benefit of the mandatory provisions of the law of their country of residence.

23. General provisions

If any provision of these Terms is declared void or unenforceable, the other provisions remain in force. The Publisher's failure to invoke a breach does not constitute a waiver of the right to invoke it later. The Terms and the privacy policy, together with the information presented in the App and by the Platform at the time of purchase, form the agreement between you and the Publisher regarding the App; this provision does not deprive you of any right granted to you by law, in particular regarding pre-contractual information and the way the service is presented. The Platform's terms also apply to purchases and downloads.

24. Language

These terms are written in French. In the event of any discrepancy between the French version and a translation, the French version prevails.