Welcome to Toe-Curling Tales LLC. These Terms of Service ("Terms") govern your use of our services and constitute a legally binding agreement between Toe-Curling Tales LLC ("Company," "we," "us," or "our") and each client ("Client," "you," or "your"). By engaging with our services, you accept these Terms. Please read them carefully.

1. Definitions

"Company" refers to Toe-Curling Tales LLC, including all affiliated staff, contractors, and associated entities.

"Client" refers to the individual or legal entity purchasing Services from the Company.

"Services" refers to the professional offerings provided by the Company: Draft Zero Development, Beta Read, and Audiobook Narration.

"Deliverables" refers to the final products provided by the Company to the Client as outlined for each Service.

"Rights Holder" refers to the Client or entity owning rights to materials provided for Audiobook Narration services.

"Project" means a distinct engagement initiated through an agreement and payment for any Service.

2. Services Offered

Toe-Curling Tales LLC provides the following Services, specializing in speculative and romantic fantasy including paranormal romance, romantasy, urban fantasy, dark fantasy, supernatural thriller, gothic fantasy, paranormal cozy mystery, magical academy, supernatural suspense, and occult detective fiction. Other genres are considered on a case-by-case basis.

A. Draft Zero Development

Foundation-building services for authors who need to rebuild a story from the ground up before writing or rewriting. Services include stress-testing worldbuilding, plot architecture, and story logic through collaborative sessions and between-session development work.

Service Options:

• Foundation Partnership (Monthly): Ongoing collaboration with 60-minute sessions (2, 3, or 4 sessions per month depending on tier), between-session development work, written feedback before each session, session summaries, and email support. Minimum 2-month commitment, then month-to-month.

• 60-Minute Single Session: One session with advance material review and written summary. For focused help on a specific element or to explore whether Foundation Partnership is the right fit.

B. Beta Read

Professional beta reading services that bridge casual reader feedback and developmental editing. Services provide honest reader response paired with editorial instincts, including reader report, annotated manuscripts, and tracking of character arcs, pacing, emotional engagement, worldbuilding, and continuity.

Service Options:

• Standard Beta Read: Complete feedback package with annotated manuscript. Delivery: 3–4 weeks.

• Beta Read Plus: Standard package plus 45-minute video or phone call to discuss feedback. Delivery: 3–4 weeks; call scheduled within 1 week of delivery.

• Serialized Beta Read: Feedback delivered per chunk (approximately 10 chapters or 25,000 words) as author drafts or revises. Delivery: 1–2 weeks per chunk. Minimum 2-chunk commitment.

• Series Continuity Add-On: Tracking continuity from previous installments in a series. Requires that the Company has read the previous book(s). If the Company needs to read prior books first, standard beta read rates apply.

C. Audiobook Narration

Professional audiobook narration with immersive character portrayal and consistent performances. The Company partners with a professional production team to deliver industry-standard, retail-ready audio meeting ACX specifications.

Service Options:

• Per Finished Hour (PFH) Production Package: Full narration and post-production services. Includes narration and professional post-production (editing, proofing, mastering to retail specifications).

• Rush Service: Expedited production, subject to availability.

• Royalty Share Plus (RS+) Package: Production costs paid upfront with narrator compensation through ongoing royalty share (7-year term per ACX agreement). ACX platform distribution only.

• Premium Checkpoint Review Service Add-On: Periodic review of raw recordings (every 3 chapters or 2.5 finished hours) for collaborative oversight during production.

3. Pricing and Payment

Pricing for Services is as specified on the Company's website and confirmed in writing prior to Project commencement. The Company reserves the right to adjust pricing for future Projects; such changes will not affect current agreements.

A. Draft Zero Development

• Foundation Partnership: Payment due on the 1st of each month. Minimum 2-month commitment, then month-to-month.

• Single Session: Invoice sent after session.

• Mid-month starts prorated accordingly.

B. Beta Read

• Invoice sent upon booking. Payment is due before reading begins.

• Serialized Beta Read: Payment due before each chunk is read.

• Rush delivery: +50% fee (subject to availability).

C. Audiobook Narration

• 50% deposit required upon approval of the 15-minute sample.

• Royalty Share Plus: Full production cost ($150 PFH x estimated hours) due before production begins.

• Final finished hours are rounded to the nearest whole hour.

• Remaining balance due within 30 business days of final invoice.

• The Company retains rights to audio recordings until payment is received in full, at which point ownership of mastered audio files transfers to the Client.

D. General Payment Terms

• All payments shall be made in United States Dollars (USD).

• The Client is solely responsible for any taxes, bank fees, or currency conversion costs incurred on their end when making payment.

• Late payments may result in suspension of Services until payment is received.

4. Cancellation and Refund Policy

Cancellation requests must be submitted in writing.

A. Draft Zero Development

• Pause: One 30-day pause permitted with 2 weeks' notice.

• Termination: 30-day notice required. No refunds for the current month.

• Non-response: After 14 days without communication, services pause until contact resumes.

B. Beta Read

• Before reading begins: Full refund minus $25 administrative fee.

• After reading begins: No refund; partial feedback delivered for work completed.

• If the Company cannot complete: Full refund or option to reschedule.

C. Audiobook Narration

• Before 15-minute sample approval: No charge.

• After 15-minute sample approval: 50% kill fee.

• If the Company cancels: 100% refund of deposit.

• No partial or raw audio files delivered upon cancellation.

5. Client Responsibilities

The success of each Project relies on active Client participation. By engaging our Services, the Client agrees to the following:

A. Material Submission

• Draft Zero Development: Submit materials at least 3 business days before scheduled session. Materials may include outlines, worldbuilding notes, character sketches, plot summaries, or drafts of specific sections.

• Beta Read: Provide complete manuscript (Microsoft Word, .docx preferred), content/trigger warnings if applicable, and context on process stage.

• Audiobook Narration: Provide complete, fully proofed, edited, and record-ready manuscript (Microsoft Word preferred); confirmation of full legal rights to the material; character and pronunciation guide; technical specifications and timeline preferences; and front/back matter preferences.

B. Timely Communication

The Client agrees to respond to Company inquiries within reasonable timeframes. Delayed communication may impact delivery timelines, for which the Company assumes no responsibility.

C. Content Approvals

• Audiobook Narration: 10-business-day review period for final files. All corrections must be submitted together in one comprehensive review using the provided spreadsheet.

• A lack of response within the specified review periods may result in automatic approval.

D. Rescheduling

• Draft Zero Development: 24-hour notice required to reschedule without losing the session. Missed sessions without notice are forfeited.

• Beta Read Plus: 24-hour notice required to reschedule the call. Missed calls without notice are forfeited.

6. Service-Specific Terms

A. Draft Zero Development

• Consultation: Free 30-minute consultation available to determine fit before engagement.

• Session Work: The Company reviews submitted materials, stress-tests them against story logic, and provides written feedback before each session. Sessions are collaborative discussions where the Client makes all creative decisions.

• Deliverables: The Client maintains their own foundation documents. The Company provides feedback on each iteration. Deliverables include session summaries and written feedback.

• Session Recordings: Available upon request.

B. Beta Read

• Deliverables: Reader report, annotated manuscript with in-line reactions, character arc and consistency tracking, pacing and structure observations, emotional engagement tracking, worldbuilding and continuity notes, and summary of patterns and priorities.

• Follow-Up Reads: Same manuscript post-revision: 50% of original rate. Focused re-read (specific sections): $50–$100 depending on scope.

• Series Continuity: +$75 per prior book the Company needs to reference. If the Company needs to read prior books first, standard beta read rates apply.

C. Audiobook Narration

• Custom Audition: Free audition (up to 5 minutes) available upon request to help Client determine fit before commitment.

• 15-Minute Sample: Up to two rounds of artistic revisions included (tone, pacing, character voice adjustments). Written approval required before full production begins.

• Production Timelines: Timelines begin once all materials are received (final manuscript, pronunciation guide, deposit, and signed agreement). General estimates: 15-minute sample (1–2 weeks); 8-hour audiobook (~72,000 words): 13–16 weeks; 10-hour audiobook (~90,000 words): 14–17 weeks.

• Deliverables: Fully narrated and produced audiobook per approved specifications; separated, labeled chapter files; opening and closing credits; retail sample; ACX-compliant mastered audio (192 kbps or higher MP3, 44.1 kHz, 16-bit, proper noise floor and levels).

• File Access: Final Deliverables are provided via a secure, password-protected OneDrive link that remains active for 30 days after delivery notification. The Client is responsible for downloading and backing up all files within this window. Re-delivery within the one-year retention period is available for a $25 administrative fee. After the retention period, files are securely deleted and re-delivery is not available.

• Revision Fees: 5 or fewer corrections are included. Corrections beyond 5 resulting from performance preferences, manuscript typos, or missed pronunciations may incur additional fees ($50 for 6–10, $80 for 11–15, $120 for 16–20, custom quote for 21+). Misreads not caught during the narrator's quality control are included at no charge.

• Manuscript Changes After Recording: $25 per 300 words ($25 minimum). Changes exceeding 5% of total runtime quoted individually and may affect timeline.

7. Project Delays

A. Client Delays

• Draft Zero Development: After 14 days without communication, services pause until contact resumes.

• Audiobook Narration: Up to 30 days with written notice; timeline adjusts accordingly. Beyond 30 days: $50 weekly hold fee. After 90 days of inactivity, the Company may request release from the project. If no response is received within 14 days of the release request, the Company is released with payment for all completed work.

B. Company Delays

If the Company experiences a delay, the timeline will be extended accordingly. The Company will provide regular status updates throughout any delay period.

8. Rights and Ownership

A. Client Rights

• The Client retains all rights to their manuscript and creative work.

• Beta Read feedback and Draft Zero Development session materials are provided for the Client's personal use in developing their work.

B. Company Rights

• Audiobook Narration: The Company retains rights to audio recordings until payment is received in full, at which point ownership of mastered audio files transfers to the Client.

• Voice prints and vocal characteristics remain the Company's property.

• Narrator credit is required on the final audiobook product.

• The Company retains intellectual property rights over proprietary methodologies, evaluation frameworks, and feedback structures.

C. Prohibited Uses

The Client may not, without express written permission:

• Use any audio recordings for AI training or voice cloning

• Distribute audio recordings through unauthorized channels

• Repurpose audio recordings without permission

• Publish or publicly distribute evaluation or feedback materials (sharing with editors, agents, or critique partners for revision purposes is permitted)

• Use any materials for automated processing or data mining

9. Confidentiality

• Company Confidentiality: The Company treats all manuscripts as confidential by default. The Company agrees not to disclose or misuse any unpublished manuscripts, scripts, or proprietary materials provided by the Client. Information is only shared internally with staff and contractors on a need-to-know basis and solely for the purpose of fulfilling the contracted Services.

• Client Confidentiality: The Client agrees to maintain confidentiality regarding any proprietary methodologies, processes, or frameworks shared by the Company.

• NDA Availability: If the Client requires a formal NDA, the Company is willing to sign one.

10. Communication

• Email response within 3 business days.

• All project-related communications and approvals are documented in writing.

• Changes to scope, timeline, or deliverables must be agreed upon in writing.

11. Services Not Included

Unless otherwise specified in a separate agreement, the following are not included in any Service:

• Manuscript rewrites, line editing, copyediting, or proofreading

• Sound effects or music (Audiobook Narration)

• Marketing services

• Distribution services

12. Professional Disclaimer

• Subjectivity of Feedback: The Client understands that evaluations, commentary, and creative feedback are inherently subjective and may not represent a universal consensus within the industry.

• No Guarantee of Success: All feedback, observations, and suggestions are advisory in nature and do not constitute any guarantee of publication, agent representation, market performance, reader engagement, or commercial success.

• Client Responsibility: The Client retains sole responsibility for all creative, editorial, and business decisions regarding their work.

13. Limitation of Liability

• Under no circumstances shall the Company be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to damages for lost profits, loss of data, business interruption, or any other commercial or economic losses.

• The Client assumes full responsibility for the use, application, and interpretation of all Deliverables.

• In any event where liability is imposed, the total liability of the Company shall not exceed the total fees paid by the Client for the specific Service from which the claim arises.

14. Indemnification

The Client agrees to defend, indemnify, and hold harmless Toe-Curling Tales LLC, its officers, employees, contractors, and agents from any and all claims, liabilities, damages, losses, and expenses arising out of or connected to: (a) any unauthorized or improper use of the Company's Deliverables; (b) any breach of these Terms by the Client; (c) any content provided by the Client that infringes the rights of third parties.

15. Force Majeure

The Company shall not be liable for any delay or failure to perform its obligations if such delay or failure results from events beyond its reasonable control, including but not limited to natural disasters, acts of government, system failures, or outages in third-party services. If a Force Majeure event occurs, the Company reserves the right to suspend or extend delivery timelines.

16. Governing Law and Jurisdiction

• These Terms shall be governed by and construed in accordance with the laws of the State of California.

• The Client agrees to submit to the exclusive jurisdiction of the state and federal courts located in Orange County, California.

• The Client agrees to resolve any disputes on an individual basis and waives the right to participate in class actions or consolidated legal proceedings.

17. Termination of Services

The Company may terminate or suspend Services in the following instances:

• Non-Payment: If the Client fails to meet payment deadlines, the Company reserves the right to suspend all work until payment is received.

• Breach of Terms: Any breach of these Terms by the Client may result in immediate termination of Services.

• Company Discretion: The Company may terminate Services if it determines that continued engagement is impractical or detrimental to the Company's interests.

Post-Termination:

• The Client is required to remit any outstanding balances for Services rendered.

• Termination does not waive the Company's right to pursue additional remedies if Terms have been violated.

18. Marketing and Publicity Rights

• Both parties may promote final audiobooks through standard channels.

• With Client consent, the Company may use project details for portfolios, case studies, and marketing materials.

• Clients who prefer not to have their projects publicly associated with the Company may opt out in writing before project completion.

• The Company will not disclose any sensitive or confidential information without the Client's express approval.

19. Data Security and Privacy

Toe-Curling Tales LLC is committed to safeguarding Client data and maintaining industry-standard data security protocols. By using the Company's Services, the Client consents to the data-handling practices outlined in the Company's Privacy Policy.

20. Amendments and Modifications

• These Terms are subject to periodic review and may be amended at the sole discretion of the Company.

• Continued use of Services after changes are made signifies acceptance of those changes.

• Modifications to individual project scope, timeline, or fees require written agreement from both parties.

21. Miscellaneous Provisions

• Entire Agreement: These Terms, together with any written service agreements, represent the entire understanding between the Client and the Company.

• Severability: If any provision of these Terms is found invalid or unenforceable, all other provisions shall remain valid and enforceable.

• Waiver: No waiver by the Company of any provision shall be effective unless in writing. Failure to enforce any right shall not constitute a waiver of that right.

• Assignment: The Client shall not assign or transfer rights or obligations under these Terms without prior written consent of the Company.

Acceptance

By engaging in our Services, the Client acknowledges that they have read, understood, and agreed to these Terms in full.

Questions about these Terms?

Contact us at ashley@toecurlingtales.com