Terms of Service

Who We Are

Figtional is operated by Figtional Partnership, carrying on business as Figtional, a general partnership based in Ontario, Canada.

Our mailing address is 201 - 1065 Canadian Place, Mississauga, ON L4W 0C2, Canada. You can contact us at [email protected] or through our contact page.

Using Figtional

Figtional is intended to be used by adults. By using the Services, you confirm that you are at least the age of majority in your place of residence and are legally able to enter into a binding agreement with us.

If you provide a child's photo, name, age, pronouns, or other personal details, you confirm that you are the child's parent or legal guardian, or otherwise have all permissions and authority needed to provide that information and authorise our use of it to provide the Services.

We may refuse service, limit access, or cancel an order where we reasonably believe that use of the Services breaches these Terms, applicable law, or our content, safety, fraud, or fulfilment requirements.

Products and Personalisation

Figtional sells made-to-order personalised storybooks and related products. Available titles, languages, bindings, formats, features, and regions may change from time to time and may vary by product.

To create a book, you may provide information such as a child's name, an alternate-script name, gender or pronoun selections, author or dedication text, language choices, and a photo. Some books may support bilingual layouts or other optional personalisation features.

You are responsible for reviewing all personalisation details before placing your order. Any previews, sample spreads, mockups, or colour displays on the Services are illustrative only. Some personalised pages are generated only after purchase, and minor variations in layout, cropping, colour, paper, or print finish may occur.

Your Content and Permissions

You retain ownership of the names, photos, text, and other content you submit to personalise a book or otherwise use the Services. You grant us a non-exclusive, worldwide, royalty-free licence to host, store, copy, crop, resize, reproduce, adapt, and otherwise use that content solely as needed to operate the Services and fulfil your order, including generating previews, creating print-ready files, manufacturing books, providing customer support, preventing fraud, processing reprints or replacements, and maintaining reasonable backups.

You must not submit content that you do not have the right to use, or content that is unlawful, infringing, misleading, hateful, abusive, obscene, defamatory, or otherwise objectionable. We may review submitted content for compliance with these Terms and may refuse to process or fulfil an order if the content appears to breach them.

Orders

When you place an order, you are making an offer to buy a customised product. All orders are subject to availability, successful payment authorisation, and our acceptance.

A contract is formed only after successful payment processing and when we send you an order confirmation or otherwise notify you that your order has been accepted for fulfilment. Submitting checkout details or receiving an automated checkout acknowledgement does not by itself mean that we have accepted your order. We may decline or cancel an order before dispatch, including where there is a pricing or availability error, suspected fraud, a technical issue, or a problem with the submitted personalisation content.

If you notice an error in your order, contact us immediately. Because our products are made to your specification, changes may not be possible once production has begun.

Prices, Payment, and Taxes

Prices are shown in the currency presented on the Services or at checkout and may change before we accept your order. Shipping charges, taxes, and any similar charges will be shown at checkout where applicable. Import duties, customs charges, or similar local fees may be charged separately by your local authorities or carrier and are your responsibility unless we expressly state otherwise.

Payments are processed through third-party payment providers such as Stripe. By submitting payment details, you authorise us and our payment providers to charge the full amount due for your order, including shipping and taxes. We do not store your full payment card number or card security code on our own servers.

Despite our efforts, errors in pricing, product descriptions, or availability may occur. If we discover an error after you place an order, we may cancel the order, refuse acceptance, or contact you with corrected details before proceeding.

Shipping and Delivery

We deliver only to destinations made available at checkout. Production and delivery timeframes are estimates only and are not guaranteed. Delays may occur because of carriers, customs, weather, demand, supplier issues, or events outside our reasonable control.

You are responsible for providing a complete and accurate delivery address, email address, and other contact details. If an order is returned, delayed, or lost because of incorrect delivery information, refusal of delivery, or failure to collect the parcel, additional shipping or handling charges may apply.

Unless required otherwise by applicable law, risk in the product passes to you when the order is delivered to the delivery address you provided.

Cancellations, Returns, and Replacements

Because Figtional products are custom-made to your specification, you do not have a general right to cancel, return, or receive a refund once production has begun, except as required by applicable law.

If you need to cancel or correct an order, contact us at [email protected] as soon as possible. We will try to help before printing starts, but cannot guarantee changes after production begins.

If your order arrives damaged, materially defective, or affected by a production error, contact us within 30 days of delivery with your order number and clear photos. At our discretion, we may replace the product, issue store credit, or provide another appropriate remedy. Minor colour variation, normal wear, or mistakes in personalisation details submitted by you are not production defects.

Our Return Policy forms part of these Terms. Nothing in this section limits any non-waivable rights you may have under applicable consumer protection law in relation to faulty, damaged, or misdescribed goods.

Offers, Programmes, and Other Submissions

We may offer discount codes, promotional credits, share-your-book campaigns, ambassador or translator programmes, testimonials, reviews, and similar features. These offers are subject to any additional eligibility rules or instructions presented with the relevant feature and may be changed, suspended, withdrawn, or refused at any time.

Discount codes and promotional credits have no cash value, may not be combined unless expressly stated, and may be cancelled if issued in error or used fraudulently or in breach of these Terms.

If you submit photos, videos, reviews, testimonials, applications, feedback, or other material to us outside the core book personalisation flow, you confirm that you have the rights needed to do so. Where the submission includes a child or any other identifiable person, you confirm that you have all permissions and releases needed for the intended use. You retain ownership of your submission, but you grant us a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, adapt, review, moderate, and use that submission as needed to operate, administer, support, promote, or improve the relevant feature, in each case subject to any permissions or consents collected from you when you submit the material and to our Privacy Policy.

Participation in any ambassador, translator, review, or promotional programme does not create any employment, agency, franchise, joint venture, or partnership relationship between you and us.

Intellectual Property

All intellectual property rights in the Services, including our stories, artwork, templates, layouts, photographs, text, design, software, trademarks, logos, and brand assets, belong to us or our licensors.

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable right to access the Services and purchase our products for personal, non-commercial use. You must not copy, reproduce, sell, license, distribute, republish, frame, reverse engineer, scrape, or otherwise exploit any part of the Services or our content except as permitted by applicable law or with our prior written consent.

Acceptable Use

You must not use the Services to:

• break the law or violate the rights of any person or entity;
• upload or submit content that infringes intellectual property, privacy, publicity, or other rights;
• submit false, deceptive, abusive, hateful, obscene, or otherwise harmful material;
• interfere with the operation or security of the Services, or attempt to gain unauthorised access to systems or data;
• use bots, scrapers, data-mining tools, or similar automated means without our written permission;
• engage in fraudulent payments, abusive chargebacks, reselling without authorisation, or any activity intended to manipulate our promotions, pricing, reviews, or fulfilment processes; or
• use the Services or our content to build or market a competing product or service without our written consent.

Third-Party Services

The Services may include or rely on third-party providers such as payment processors, print and fulfilment partners, shipping carriers, analytics providers, CAPTCHA tools, or social media platforms. We are not responsible for third-party services, websites, or content, and your use of them may also be subject to their own terms and policies.

Disclaimers and Limitation of Liability

To the fullest extent permitted by law, the Services and all related content are provided on an "as is" and "as available" basis. We do not warrant that the Services will be uninterrupted, secure, or error-free, or that every preview, description, image, or item of information will be complete, accurate, or current.

To the fullest extent permitted by law, we exclude all implied warranties and will not be liable for any indirect, incidental, consequential, special, or punitive losses, or for any loss of profit, revenue, business, opportunity, data, or goodwill arising out of or in connection with the Services.

Our total liability arising out of or relating to the Services or any order will not exceed the amount you paid us for the specific order or service that gave rise to the claim.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including any non-waivable consumer rights or liability for fraud, wilful misconduct, or death or personal injury caused by negligence where applicable law does not permit that exclusion.

Governing Law and General Terms

These Terms and any non-contractual disputes arising out of or in connection with them are governed by the laws of Ontario and the federal laws of Canada applicable there, without regard to conflict of law principles.

The courts located in Toronto, Ontario will have exclusive jurisdiction over any dispute arising out of or in connection with these Terms or the Services, except to the extent that applicable consumer law gives you the right to bring a claim in another forum.

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect. Our failure to enforce any provision is not a waiver of that provision. These Terms, together with any policies expressly incorporated into them, form the entire agreement between you and us regarding the Services.

You agree to indemnify and hold us harmless from claims, losses, liabilities, and expenses arising from content you submit, your misuse of the Services, or your breach of these Terms.

Changes to These Terms

We may update these Terms from time to time to reflect changes to our Services, business practices, or legal obligations. When we do, we will post the updated version on this page and change the "Last updated" date above. Your continued use of the Services after the updated Terms take effect constitutes your acceptance of them.

Contact Us

If you have questions about these Terms of Service, please contact us at [email protected].

Figtional Partnership
201 - 1065 Canadian Place
Mississauga, ON L4W 0C2
Canada