Terms of Service
Effective Date: April 18, 2026 · Operator: Elevate Co LLC
1. Agreement to Terms
These Terms govern use of Fabiale (fabiale.com) and Evianny (evianny.com), operated by Elevate Co LLC. By creating an account or using any part of our platform, you agree to these Terms.
2. Eligibility
- Must be 18+ to create an account or purchase services
- Must provide accurate registration information
- One account per couple or vendor entity
- Accounts may not be transferred or sold
3. Fabiale, Couple Accounts
3.1 Subscription
- $49 one-time setup fee, charged at sign-up
- $9/month or $90/year (two months free) for ongoing access; auto-renews on the cadence you choose
- Cancel anytime from dashboard settings
- Cancellation takes effect at the end of the current billing period
- The $49 setup fee is non-refundable; no refunds for partial recurring periods
3.2 Your Event Page
- You own your content (story, photos, event details)
- You grant Elevate Co LLC a limited license to store, display, and process content to provide the service
- You are responsible for having rights to all uploaded content
- Pages are public by default; you can unpublish at any time
3.3 AI-Generated Content
- AI (Claude API) generates page copy and design variants from your story
- You are responsible for reviewing and approving all AI-generated content before it goes live
- You may edit all AI-generated content from your dashboard
3.4 Photos & AI Enhancement
- By uploading photos, you confirm you have the right to use them
- Photos may be processed by our AI pipeline (upscaling, cropping, background extension)
- Original photos are always preserved; AI enhancement can be declined
4. Evianny, Event Childcare Service
4.1 Booking Terms
- Bookings confirmed upon receipt of full payment ($2,000/event)
- Must be booked at least 14 days before the event
- Confirmation email within 24 hours of payment
- Evianny may decline a booking if adequate staff cannot be arranged
4.2 Cancellation & Refunds
- 30+ days before event: full refund minus $150 processing fee
- 14–29 days before event: 50% refund
- Less than 14 days before event: no refund
- Evianny cancellation (our fault): full refund within 5 business days
- Force majeure: handled case by case
4.3 Service Standards
- All staff CPR and First Aid certified
- Background checks completed on all staff
- Staff-to-child ratios: 1:4 (ages 0–2), 1:6 (ages 3–5), 1:8 (ages 6–12)
- All allergies must be provided 48 hours before event
4.4 Parent Cam
- Provided as a convenience feature, not a safety guarantee
- We are not liable for technical stream failures
- Access codes must not be shared with non-parents or non-guardians
- Recording or redistribution of streams is strictly prohibited
4.5 Children's Information
- By providing children's data, you confirm you are the parent or legal guardian
- Used solely for childcare and curriculum assignment
- You authorize Evianny to act reasonably in an emergency
5. Vendor Accounts
- Three tiers: Niche ($600/yr), Regional ($1,500/yr), Premium ($3,000/yr)
- No free vendor tier
- Fabiale takes 10–15% commission on platform transactions
- Vendors are responsible for fulfilling their services
- Elevate Co LLC is not liable for vendor service quality or disputes
- We may remove listings that generate excessive disputes
6. Intellectual Property
6.1 Your Content
You retain ownership of all content you create. You grant Elevate Co LLC a non-exclusive, royalty-free license to store, display, and process your content solely to provide the services.
6.2 Our Intellectual Property
The following are proprietary to Elevate Co LLC:
- Fabiale and Evianny brand names, logos, trademarks
- Superheros of Life curriculum
- Memories in Motion brand name
- AI personalization engine, coloring book generation, curriculum matching, event-to-childcare pipeline, Parent Cam system
- All platform code, design systems, and UI components
6.3 AI-Generated Output
AI-generated content (page copy, design variants, coloring books) is for use on your event page only. You may not resell or redistribute AI-generated Fabiale output.
7. Prohibited Uses
You may not use the platform to:
- Violate any applicable law
- Upload content you don't have rights to
- Impersonate another person or entity
- Harvest data from other users
- Interfere with platform infrastructure
- Create fake events or fraudulent RSVPs
- Circumvent subscription or payment systems
8. Disclaimers
- Platform provided "as is" without warranties
- We do not guarantee uninterrupted service
- AI-generated content may contain inaccuracies
- We are not responsible for vendor services
- Evianny childcare is provided with reasonable professional care; we are not liable for minor accidents that occur despite proper supervision
9. Limitation of Liability
Elevate Co LLC's total liability for any claim shall not exceed the amount you paid in the 12 months preceding the claim. We are not liable for indirect, incidental, or consequential damages.
10. Indemnification
You agree to indemnify Elevate Co LLC from claims arising from your content, your use of the platform, or your violation of these Terms.
11. Account Termination
- You may delete your account anytime from settings
- We may suspend accounts for Terms violations
- Upon termination: page unpublished, data deleted within 30 days
- Confirmed Evianny bookings honored through event date
12. Governing Law
Texas law governs these Terms. Disputes resolved in Dallas County, Texas courts.
13. Changes
We will notify you of material changes by email and dashboard notice.
14. Contact
Email: legal@fabiale.com
Operator: Elevate Co LLC