Terms of Service

The terms and conditions governing the use of our services

2025/01/24

Agreement to Terms

By accessing or using our pet photo AI generation service (the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use the Service.

Last Updated: January 24, 2025

Eligibility

You must be at least 13 years old (or the age of digital consent in your jurisdiction) to use the Service. By using the Service, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms.

If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

Account Registration and Security

Account Creation

  • You must provide accurate, complete, and current information during registration
  • You may register using email/password or social login providers (Google, etc.)
  • You are responsible for maintaining the confidentiality of your account credentials
  • You must notify us immediately of any unauthorized access or security breach

Account Responsibilities

  • You are responsible for all activities that occur under your account
  • You may not share your account with others or allow others to access your account
  • You may not create multiple accounts to circumvent restrictions or abuse the Service
  • We reserve the right to suspend or terminate accounts that violate these Terms

Service Description

AI Photo Generation

Our Service allows you to:

  • Upload photos of your pets
  • Generate AI-powered professional portraits and images
  • Access and download your generated images
  • Manage your photo library and generation history

Credits and Usage

  • Each generation consumes credits from your account balance
  • Credits are allocated based on your subscription plan or purchased packages
  • Free plan users receive limited credits that expire after 30 days
  • Premium plan subscribers receive monthly credit allocations
  • Purchased credit packages expire according to their specified duration
  • Unused credits may expire and are not refundable

Subscriptions and Payments

Subscription Plans

We offer several subscription options:

  • Free Plan: Limited credits with monthly refresh
  • Pro Plan: Monthly or annual subscription with increased credits
  • Lifetime Plan: One-time payment for lifetime access with credits

Payment Terms

  • All prices are in USD and subject to change with notice
  • Subscription payments are processed through Creem or other payment service providers
  • Monthly subscriptions renew automatically unless cancelled
  • Annual subscriptions renew automatically each year unless cancelled
  • You can cancel your subscription at any time through your account settings

Billing and Refunds

  • Subscription fees are charged in advance on a recurring basis
  • No refunds will be provided for partial subscription periods
  • Credit purchases are final and non-refundable
  • If you cancel a subscription, you retain access until the end of the current billing period
  • We may offer promotional pricing or trial periods at our discretion

Price Changes

  • We may change subscription prices with 30 days' advance notice
  • Price changes will not affect your current billing cycle
  • Continued use after price changes constitutes acceptance of new pricing

Content and Intellectual Property

Your Content (Uploaded Photos)

  • You retain all ownership rights to photos you upload
  • You grant us a limited license to process, store, and generate AI images from your photos
  • This license includes the right to use third-party AI services for generation purposes
  • You represent and warrant that you have the right to upload and use all photos you submit
  • You are solely responsible for ensuring uploaded content does not violate any laws or third-party rights

Generated Content

  • AI-generated images created by the Service are considered your content
  • You have the right to use, modify, and commercialize generated images
  • We retain a limited license to use generated images for service improvement and marketing (with your permission)
  • Generated images may have certain limitations based on the AI models used

Prohibited Content

You may not upload photos that:

  • Contain illegal, harmful, threatening, abusive, or offensive content
  • Violate any person's privacy, publicity, or intellectual property rights
  • Contain malware, viruses, or other harmful code
  • Depict minors in any way (our Service is for pet photos only)
  • Violate any applicable laws or regulations

Our Intellectual Property

  • The Service, including its software, design, features, and branding, is our property
  • Our trademarks, logos, and service marks are protected intellectual property
  • You may not copy, modify, distribute, or reverse engineer any part of the Service
  • These Terms do not grant you any ownership rights in the Service

Acceptable Use Policy

You agree not to:

Service Abuse

  • Attempt to circumvent any limitations or restrictions on the Service
  • Use the Service in a way that could damage, disable, or impair our servers or networks
  • Use automated tools, scripts, or bots without authorization
  • Create fake accounts or impersonate others
  • Engage in any activity that interferes with other users' access to the Service

Harmful Activities

  • Upload malicious code, viruses, or harmful software
  • Attempt to gain unauthorized access to our systems or other users' accounts
  • Conduct any security testing or penetration testing without written permission
  • Scrape, harvest, or collect data from the Service without authorization
  • Use the Service for any illegal purpose or in violation of any laws
  • Infringe upon others' intellectual property, privacy, or other rights
  • Engage in fraud, misrepresentation, or deceptive practices
  • Violate export control or sanctions laws

AI Ethics

  • Use the Service to generate harmful, offensive, or misleading content
  • Attempt to reverse engineer or replicate our AI models
  • Use generated content in a way that violates our acceptable use guidelines

Service Availability and Modifications

Service Availability

  • We strive to provide reliable service but do not guarantee uninterrupted access
  • The Service is provided "as is" and "as available" without warranties
  • We may experience downtime for maintenance, updates, or technical issues
  • We are not liable for any service interruptions or data loss

Service Changes

  • We may modify, suspend, or discontinue any part of the Service at any time
  • We may add, remove, or modify features or functionality
  • Significant changes will be communicated to users in advance when possible
  • Continued use after changes constitutes acceptance of modifications

Data and Privacy

Your use of the Service is also governed by our Privacy Policy, which explains how we collect, use, and protect your information. Key points include:

  • We collect personal information, uploaded photos, and usage data
  • We use third-party AI providers to process images
  • We implement security measures to protect your data
  • You have rights to access, correct, and delete your data
  • Please review our Privacy Policy for complete details

Third-Party Services

AI Providers

  • We use third-party AI services (OpenAI, Replicate, etc.) for image generation
  • These providers have their own terms and policies
  • We are not responsible for third-party service issues or outages
  • Generated content quality depends partly on third-party AI capabilities

Payment Processing

  • Payments are processed by Creem or other payment service providers, subject to their terms of service
  • We do not store complete payment card information
  • Payment disputes should be directed to the respective payment processor

Other Integrations

  • We may integrate with other services (analytics, customer support, etc.)
  • Use of integrated services may be subject to additional terms
  • We are not responsible for third-party service practices or policies

Disclaimers and Limitations of Liability

Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • Warranties of merchantability, fitness for a particular purpose, or non-infringement
  • Warranties that the Service will be uninterrupted, secure, or error-free
  • Warranties regarding the quality, accuracy, or reliability of generated content
  • Warranties that defects will be corrected or that the Service is free from harmful components

AI-Generated Content Disclaimer

  • AI-generated images are created by algorithms and may not always meet your expectations
  • We do not guarantee the quality, accuracy, or suitability of generated content
  • Generated images may contain unexpected artifacts, errors, or inconsistencies
  • You are responsible for reviewing and approving generated content before use

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR:

  • Any indirect, incidental, special, consequential, or punitive damages
  • Loss of profits, revenue, data, use, or other economic advantage
  • Service interruptions, errors, or defects
  • Unauthorized access to or alteration of your transmissions or data
  • Statements or conduct of any third party on the Service
  • Any matter beyond our reasonable control

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.

Exceptions

Some jurisdictions do not allow certain limitations of liability. In such cases, our liability will be limited to the maximum extent permitted by law.

Indemnification

You agree to indemnify, defend, and hold harmless us, our affiliates, officers, directors, employees, and agents from any claims, losses, damages, liabilities, and expenses (including legal fees) arising from:

  • Your use or misuse of the Service
  • Your violation of these Terms
  • Your violation of any rights of another party
  • Your uploaded content or generated content
  • Your violation of any laws or regulations

Termination

Termination by You

  • You may terminate your account at any time through your account settings
  • Upon termination, your data will be deleted according to our Privacy Policy
  • You remain responsible for all charges incurred before termination
  • No refunds will be provided for unused subscription time or credits

Termination by Us

We may suspend or terminate your account immediately if:

  • You violate these Terms or our policies
  • Your account is used for fraudulent or illegal activities
  • Required by law or legal authorities
  • Your account remains inactive for an extended period
  • We decide to discontinue the Service

Effect of Termination

Upon termination:

  • Your access to the Service will be immediately revoked
  • Your uploaded photos and generated images may be deleted
  • We may retain certain information as required by law or for legitimate business purposes
  • Provisions that by their nature should survive will continue to apply

Dispute Resolution

Governing Law

These Terms are governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law provisions.

Arbitration

Any disputes arising from these Terms or the Service shall be resolved through binding arbitration, except where prohibited by law. You waive the right to participate in class actions or class arbitrations.

Exceptions to Arbitration

Either party may seek injunctive relief in court to protect intellectual property rights or prevent unauthorized use of the Service.

Informal Resolution

Before initiating arbitration, you agree to attempt to resolve disputes informally by contacting us with a description of the dispute and proposed resolution.

General Terms

Entire Agreement

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and us regarding the Service.

Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full effect.

Waiver

Our failure to enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

Assignment

You may not assign or transfer these Terms without our written consent. We may assign these Terms to any affiliate or successor.

Force Majeure

We are not liable for any failure or delay in performing obligations due to circumstances beyond our reasonable control.

Notices

Notices to you may be sent via email, Service notifications, or by posting on our website. You should send legal notices to us via the contact information provided below.

Relationship

Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and us.

English Language

These Terms are drafted in English. Any translations are provided for convenience only. In case of conflicts, the English version prevails.

Updates to Terms

We may update these Terms from time to time. Changes will be effective when posted with an updated "Last Updated" date. For material changes:

  • We will provide notice via email or Service notification
  • Continued use after changes constitutes acceptance of new Terms
  • If you do not agree to changes, you should stop using the Service and terminate your account

Acknowledgment

By using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy.