Terms of Use and Sale

Draft text, pending the final version.

These terms and conditions of use and sale (the "Terms") govern the use of the Worldbuilder service and the purchase of its paid subscriptions. The service is published by Thomas Brunin, a French sole trader (the "Publisher"), whose details are given in the legal notice.

This English version is provided for convenience. If it differs from the French version, the French version prevails.

1. Purpose and acceptance

Worldbuilder is an online tool for creating fictional universes, available at worldbuilder.com, from nocteller.com/worldbuilder and from the mobile app (the "Service"). These Terms apply to anyone who creates an account (a "User"), and to any User who buys a paid subscription (a "Subscriber").

By creating an account, the User accepts these Terms. Buying a paid subscription also requires accepting them explicitly at checkout.

The rules specific to consumers (right of withdrawal, legal guarantee of conformity, mediation) apply to Users acting for purposes outside their trade or profession.

2. The Service

The Service lets Users create universes, sheets and sheet types, organise them in folders, connect them with tags and links, date them with custom calendars, display them on a timeline and write stories set in these universes. Its features change as described in section 10.

The Service also works offline: changes are first saved on the User's device, then sent to the Publisher's servers as soon as a connection is available (section 9).

The Service requires a device with an up-to-date browser and an internet connection, whose costs are borne by the User.

3. User account

3.1 Sign-up

Users sign up with an email address and a password or, where these options are offered, with a Google, Apple or Nocteller account. The User provides a valid email address that they own and keeps it up to date. Accounts are personal.

3.2 Minors

The Service is open to minors. A minor under 15 must get the consent of a person with parental responsibility before creating an account. A minor may only buy a paid subscription with the consent of their legal guardian.

3.3 Account security

The User keeps their credentials confidential and remains responsible for the use of their account. If they notice any unauthorised use, they change their password and notify the Publisher without delay.

4. Free plan and paid subscriptions

4.1 Free plan

Every account can use the Service for free, within the limits of the free plan: number of universes, number of sheets, number of temporalities per sheet and image storage space. These limits are shown on the Pricing page.

4.2 Paid subscriptions

Paid plans raise or remove these limits. Their name, content and price are shown on the Pricing page; those that apply to a Subscriber are the ones displayed when they subscribe. Subscriptions are bought from the Subscription page of the application.

4.3 Term and renewal

A monthly subscription runs for one month, an annual subscription for one year. Each renews automatically for a period of the same length unless cancelled (section 7.1).

For annual subscriptions, the Publisher emails the Subscriber no earlier than three months and no later than one month before the end of each period, stating the renewal date and how to cancel. If the Publisher fails to do so, the Subscriber may cancel free of charge at any time after the renewal, and is refunded within 30 days for the part of the price covering the remaining period (article L. 215-1 of the French Consumer Code).

4.4 Changing plans

The Subscriber can change plan or billing period from the Subscription page. Moving to a higher plan takes effect immediately; the amount due is shown before it is confirmed. Moving to a lower plan takes effect at the end of the current, already paid period: until then, the Subscriber keeps their current plan and can cancel the change.

4.5 Exceeding the limits

If an account's content exceeds the limits of its plan, for example after moving to a lower plan, a cancellation or a failed payment, nothing is deleted: all content can still be viewed, edited and exported. Only the creation of new items subject to a limit (universes, sheets, temporalities, images) is blocked while the account exceeds these limits.

The Publisher may change the limits of the free plan. Lowering these limits never deletes existing content and follows the rule above.

5. Prices and payment

Prices include all taxes and are charged in the currency displayed at checkout (euro, US dollar or pound sterling). Where the law requires it, VAT is charged at the rate of the Subscriber's country of residence; the final amount is shown before the payment is confirmed.

Payment is made by card, or by the other methods offered on the checkout page, through the payment provider Stripe Payments Europe, Ltd. The Publisher never has access to the Subscriber's full payment details.

Each period is paid in advance: at checkout, then at each renewal, by automatic charge to the saved payment method. An invoice is issued for each payment and sent to the Subscriber.

If a payment fails, it is retried automatically for a few days and the Subscriber is asked to update their payment method. If the payment ultimately fails, the subscription ends and the account returns to the free plan, as described in section 4.5.

The Publisher may change its prices. A new price only applies to an existing subscription from its next renewal, and only if the Subscriber was informed by email at least 30 days in advance. A Subscriber who does not accept the new price can cancel before the renewal.

6. Right of withdrawal

A consumer Subscriber has 14 days from the purchase of a paid subscription to withdraw, without giving any reason (articles L. 221-18 et seq. of the French Consumer Code).

A subscription gives immediate access to paid features: at checkout, the Subscriber expressly requests that it start before the end of the withdrawal period. If they then withdraw, they are refunded the price paid, minus an amount proportional to the subscription time used until they communicated their decision (article L. 221-25 of the French Consumer Code).

To withdraw, the Subscriber informs the Publisher of their decision before the period ends, with a clear statement sent to [email protected], for example using the form in the appendix. The Publisher acknowledges the withdrawal and refunds the Subscriber within 14 days, using the payment method used at checkout. The subscription then ends and the account returns to the free plan, as described in section 4.5.

7. Cancellation and account deletion

7.1 Cancellation by the Subscriber

The Subscriber can cancel their subscription at any time and at no cost, from the Subscription page of the application ("Cancel" button). Cancellation takes effect at the end of the current period: the Subscriber keeps their plan until then and can undo the cancellation in the meantime. The current period is not refunded, except in the cases set out in sections 4.3 and 6.

7.2 Account deletion

The User can delete their account at any time from their account settings. Deletion is immediate and permanent: all their universes, sheets, sheet types, tags and images are erased and cannot be recovered. It also ends any subscription immediately, without a refund for the current period, subject to the right of withdrawal (section 6). Before deleting their account, the User can download their data from the same settings.

7.3 Suspension or closure by the Publisher

If a User seriously breaches these Terms, in particular through illegal content, fraud or an attack on the security of the Service, the Publisher may suspend or close their account. Except in an emergency or where the law requires otherwise, the Publisher informs the User by email beforehand, giving its reasons, and the User can respond. If the account is closed, the User has 30 days to download their content, except illegal content, and is refunded the part of the price covering the unused period.

7.4 Discontinuation of the Service

If the Publisher discontinues the Service, it notifies Users by email at least 60 days in advance, lets them download their data during that time and refunds Subscribers the part of the price covering the unused period.

8. User content

8.1 Ownership

The User remains the sole owner of the universes, sheets, text, images and other content they create or upload in the Service (the "Content"). The Publisher acquires no rights over it, other than the licence below.

8.2 Hosting licence

To provide the Service, the User grants the Publisher a free, non-exclusive, worldwide right to host, copy, back up, convert and display their Content, solely to make it available to them on their devices and to operate and secure the Service. This licence ends when the Content is deleted, subject to the technical delays needed to erase backups.

8.3 Privacy of Content

Content is private. The Publisher does not publish it, share it with third parties, sell it or use it to train artificial intelligence models. The Publisher only accesses it when needed to maintain or secure the Service, at the User's request, or to comply with a legal obligation or a report of illegal content.

8.4 Rules of use

Fiction can deal with any subject, including the darkest ones. Content must nevertheless not break the law, for example by infringing the rights of others (copyright infringement, defamation, invasion of the privacy or image rights of a real person) or by including child sexual abuse material. The User warrants that they hold the necessary rights to the Content they upload, especially images.

The User must not use the Service to store files unrelated to their creations, bypass its limits, or disrupt its operation (abusive automated access, intrusion attempts, deliberate overloading).

8.5 Reporting illegal content

Anyone can report illegal content hosted by the Service by writing to [email protected]. The report states where the content is located, why it is considered illegal and the reporter's contact details. The Publisher handles reports diligently, may remove manifestly illegal content and informs the User concerned of its decision and reasons.

This address is also the Publisher's point of contact for authorities and users under the EU Digital Services Act (DSA). Communication can take place in French or English.

9. Syncing, backups and export

Changes made offline stay on the device until they are sent to the servers. They can be lost if the browser data is cleared, or the device is lost, before syncing. When working offline, the User should reconnect regularly. If the server rejects a change, the application warns the User.

The Publisher backs up hosted data regularly. The User can download their data at any time from their account settings, and is encouraged to do so regularly to keep their own copy.

10. Availability and changes to the Service

The Publisher strives to keep the Service available at all times, but cannot guarantee uninterrupted availability. The Service may be interrupted, in particular for maintenance, updates or outages. The Publisher announces planned interruptions in advance where possible.

The Publisher develops the Service: it may add, change or remove features for valid reasons (technical developments, security, improvement of the Service), at no extra cost to the Subscriber. If a change reduces access to or use of the Service by more than a minor extent, the consumer Subscriber is informed in advance and may cancel free of charge within 30 days of that notice or of the change, and is then refunded the part of the price covering the unused period.

11. Legal guarantee of conformity

The Publisher must provide a Service that conforms to the contract. It is liable for any lack of conformity that appears during the whole period the Service is supplied, under articles L. 224-25-12 et seq. of the French Consumer Code.

In the event of a lack of conformity, the consumer Subscriber is entitled to have the Service brought into conformity, free of charge and within a reasonable time. Failing that, or if the defect is serious, they may obtain a price reduction or terminate the contract and be refunded. They may also claim damages. To use this guarantee, they write to [email protected].

12. Liability

The Publisher is liable for the proper performance of the Service as provided by law. It is not liable where the damage results from the User's own fault (for example disclosing their credentials, or clearing their browser data before syncing), from the unforeseeable and unavoidable act of a third party, or from force majeure.

For business Users, the Publisher's liability is limited to direct and foreseeable damage, up to the amounts paid by the User in the twelve months before the event giving rise to the claim.

13. Link with Nocteller

Nocteller is another service of the Publisher. The User may, if they wish, sign in to Worldbuilder with their Nocteller account or access it from nocteller.com/worldbuilder. This link is optional: Worldbuilder can be used without a Nocteller account. Only the information needed to sign in (Nocteller identifier and email address) is exchanged between the two services. Nocteller remains governed by its own terms.

14. Personal data

The Publisher processes Users' personal data in accordance with the General Data Protection Regulation (GDPR) and the French Data Protection Act. The processing and Users' rights are described in the privacy policy.

15. Changes to these Terms

The Publisher may change these Terms, in particular to reflect changes to the Service or the law. It informs Users of any significant change by email or in the application at least 30 days before it takes effect. For an ongoing subscription, the new Terms apply from its next renewal.

A User who does not accept the new Terms can cancel their subscription or delete their account before they take effect.

16. Complaints, mediation and governing law

For any complaint, the User first writes to the Publisher at [email protected].

If this written complaint is not resolved, the consumer User can use, free of charge, the consumer mediator the Publisher belongs to: [mediator's name, address and website to be completed]. The request for mediation must be made within one year of the written complaint to the Publisher.

These Terms are governed by French law. A consumer User living in another country keeps the protection of the mandatory rules of their country of residence. In the event of a dispute, they may bring proceedings, at their choice, before the court of the place where they lived when they subscribed or when the damage occurred, or before any other court with jurisdiction under the law.

Appendix: model withdrawal form

Complete and return this form only if you wish to withdraw from the contract.