Terms of Service
Last updated: 26 April 2026
These Terms of Service (“Terms”) govern your access to and use of the website at theelephantstrunk.shop (the “Service”) operated by The Elephant's Trunk Pvt. Ltd. (“we”, “us”, or “The Elephant's Trunk”). By creating an account, placing an order, or otherwise using the Service you agree to be bound by these Terms.
1. Eligibility
You must be at least 18 years old and capable of entering into a legally binding contract under the Indian Contract Act, 1872, to use the Service. If you are uploading reference photos of a child, you confirm you are the parent or legal guardian of that child, or that you have explicit permission from the parent/guardian to use the photo for the purpose of generating a storybook.
2. Account
- You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account.
- Notify us immediately at tanya@theelephantstrunk.shop if you suspect any unauthorised use.
- We may suspend or terminate accounts that violate these Terms or applicable law.
3. Orders, pricing, and payment
- All prices are listed in Indian Rupees (INR) inclusive of applicable GST unless stated otherwise. International orders are billed in the currency shown at checkout.
- An order is confirmed only when you receive an order confirmation email from us. Until then, items in your cart are not reserved.
- Payment is processed by our payment partners (Stripe, Razorpay). We do not store full payment-instrument details on our servers.
- We may decline or cancel an order if we reasonably suspect fraud, payment failure, mispricing, or unavailability of materials.
4. Personalised content & intellectual property
4.1. Your content
You retain ownership of the reference photos, names, and other inputs you provide (“Your Content”). By submitting Your Content, you grant The Elephant's Trunk a non-exclusive, royalty-free, worldwide licence to use Your Content solelyfor the purpose of creating, fulfilling, and supporting your specific order. We do not use Your Content to train AI models or for any other purpose.
4.2. Generated storybooks
The illustrations, text, and final printed/digital storybook produced for your order are licensed to you for personal, non-commercial use (printing, reading, gifting, sharing on social media). Resale or commercial reproduction is not permitted.
4.3. Our IP
The Service's code, design, brand assets, and underlying AI prompts and templates are the intellectual property of The Elephant's Trunk Pvt. Ltd.. You may not copy, modify, or reverse-engineer them.
5. Acceptable use
You agree not to:
- Upload photos of any person without consent (or, for minors, without parent/guardian consent).
- Upload content that is unlawful, sexually explicit, hateful, defamatory, or that promotes harm to children.
- Use the Service to impersonate any other person or to misrepresent identity.
- Attempt to scrape, reverse-engineer, or attack the Service or its underlying infrastructure.
- Resell, sub-licence, or commercially exploit the Service or its outputs without our prior written consent.
We may remove content and suspend or terminate accounts that violate these rules.
6. Shipping, delivery & customs
- Estimated delivery times are shown at checkout and are best-efforts only. Actual times depend on the carrier and destination.
- Risk of loss and title for purchased printed books pass to you upon delivery to the carrier.
- For international orders, customs duties and import taxes are the responsibility of the recipient.
7. Cancellations, refunds & returns
- You may cancel an order for a full refund before we start the personalisation process (typically within 1 hour of order confirmation).
- Once illustrations have started generating, the order cannot be cancelled because the personalised output is not resaleable.
- If a printed book arrives damaged or with a defect attributable to us, contact tanya@theelephantstrunk.shop within 7 days of delivery with photos. We will reprint and reship at no charge, or refund at our discretion.
- We do not accept returns of personalised books for reasons other than defects.
8. Disclaimers
The Service is provided on an “as is” and “as available” basis. While we work hard to keep the Service running and the AI outputs delightful, we do not warrant that:
- The Service will be uninterrupted, timely, or error-free.
- The AI-generated illustrations will exactly match a specific likeness or expectation. Outputs are creative interpretations.
- Any specific results will be achieved.
9. Limitation of liability
To the maximum extent permitted by Indian law, The Elephant's Trunk Pvt. Ltd. and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of your use of the Service. Our aggregate liability for any claim arising out of or relating to these Terms or the Service shall not exceed the amount you paid us for the order giving rise to the claim (or, if no payment, INR 1,000).
10. Indemnity
You agree to indemnify and hold harmless The Elephant's Trunk Pvt. Ltd. from any claim, loss, liability, or expense (including reasonable legal fees) arising from your breach of these Terms, your violation of any law, or your infringement of any third-party rights — including, in particular, any claim arising from your uploading photos of any person without their (or their parent/guardian's) consent.
11. Termination
You may delete your account at any time from the account settings page or by emailing tanya@theelephantstrunk.shop. We may suspend or terminate your access immediately if we reasonably believe you have violated these Terms or applicable law. Sections 4 (Intellectual Property), 8 (Disclaimers), 9 (Limitation of Liability), 10 (Indemnity), 12 (Governing Law), and 13 (Contact) survive termination.
12. Governing law & jurisdiction
These Terms are governed by the laws of India, without regard to conflict-of-law principles. Any dispute arising out of or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts located in India.
13. Changes to these Terms
We may update these Terms from time to time. Material changes will be notified via email and announced on this page at least 7 days before they take effect. Continued use of the Service after the effective date constitutes acceptance of the revised Terms.
14. Contact
For questions about these Terms, write to tanya@theelephantstrunk.shop.
