Terms of Service

Welcome to petphoto.ai. These Terms of Service ("Terms") govern your access to and use of the petphoto.ai website and services (collectively, the "Service").

By accessing or using our Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use the Service. We recommend that you print or save a copy of these Terms for your records.

To use our Service, you must:

• Be at least 13 years of age
• If you are under 18 years of age, have the consent of a parent or legal guardian to use the Service and agree to these Terms
• Have the legal capacity to enter into a binding agreement with us
• Not be prohibited from using the Service under applicable law

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

petphoto.ai provides AI-powered pet photo transformation services. Our Service allows you to:

• Upload photos of your pets and create AI-generated stylized versions
• Use text prompts to guide the AI in creating unique transformations
• Store and manage your uploaded and generated images
• Download and share your generated images

The Service uses Google's Gemini AI technology to generate images based on your uploaded photos and text prompts. Results are generated through artificial intelligence and may vary in style and quality.

To access certain features of the Service, you must create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and update your information as needed
• Keep your account credentials secure and confidential
• Not share your account with others or allow others to access your account
• Notify us immediately of any unauthorized access to or use of your account

You are responsible for all activities that occur under your account. We reserve the right to suspend or terminate accounts that violate these Terms or that we reasonably believe may be compromised.

Our Service operates on a credit-based system:

• Free Credits: New users receive 2 free credits upon registration
• Credit Usage: Each image generation consumes 1 credit
• Purchasing Credits: Additional credits can be purchased through our payment processor, Stripe
• Non-Refundable: All credit purchases are final and non-refundable, except as required by applicable law
• No Expiration: Credits do not expire and remain in your account until used
• System Errors: If image generation fails due to a system error on our end, your credit will be refunded automatically
• Price Changes: We may change credit pricing at any time; however, price changes will not affect credits you have already purchased

By making a purchase, you authorize us to charge your payment method for the total amount of your order. All payments are processed securely through Stripe, and we do not store your payment card details.

Ownership: You retain all ownership rights to the images you upload to the Service ("User Content"). We do not claim ownership of your User Content.

License Grant: By uploading images, you grant us a limited, non-exclusive, royalty-free license to use, process, store, and display your User Content solely for the purpose of providing and improving the Service.

Content Restrictions: You agree not to upload content that:

• You do not own or have the legal right to use
• Contains images of humans without their explicit consent
• Is illegal, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable
• Contains explicit, pornographic, or sexually suggestive material
• Promotes violence, discrimination, or illegal activities
• Infringes on any patent, trademark, copyright, or other intellectual property rights
• Contains viruses, malware, or any other harmful code

We reserve the right to remove any content that violates these Terms or that we deem inappropriate, without prior notice.

Ownership: You own the AI-generated images created from your uploads and prompts ("Generated Content"). You may use Generated Content for any lawful purpose, including personal and commercial use.

Quality Disclaimer: AI-generated images are created through artificial intelligence, and results may vary. Please be aware that:

• Generated images may not always accurately reflect your original photo or expectations
• The AI interprets prompts and images artistically, and results are not guaranteed
• Quality, style, and accuracy of output can vary based on input quality, prompts, and other factors
• We cannot guarantee specific results or that the AI will produce any particular style or outcome

Your Responsibility: You are solely responsible for how you use Generated Content. We are not liable for any claims arising from your use or distribution of Generated Content.

Your Intellectual Property: As stated above, you retain ownership of your User Content and Generated Content.

Our Intellectual Property: The Service, including its original content (excluding User Content and Generated Content), features, functionality, software, website design, graphics, and branding (including the petphoto.ai name and logo), are owned by petphoto.ai and are protected by copyright, trademark, and other intellectual property laws.

You may not copy, modify, distribute, sell, or lease any part of our Service or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless applicable laws prohibit these restrictions or you have our written permission.

You agree not to engage in any of the following prohibited activities:

• Using the Service for any illegal purpose or in violation of any applicable laws or regulations
• Harassing, abusing, threatening, or intimidating other users
• Attempting to gain unauthorized access to the Service, other user accounts, or computer systems or networks
• Using automated scripts, bots, or other automated means to access or interact with the Service without our express written permission
• Reverse engineering, decompiling, or attempting to derive the source code of the AI models or any other proprietary technology
• Interfering with or disrupting the Service or servers or networks connected to the Service
• Reselling, sublicensing, or transferring credits or access to the Service
• Creating false, misleading, or fraudulent content with intent to deceive
• Circumventing any rate limits, security measures, or access controls
• Using the Service in any manner that could damage, disable, overburden, or impair it

Your privacy is important to us. Our Privacy Policy explains how we collect, use, and protect your personal information. By using the Service, you consent to our data practices as described in our Privacy Policy.

Image Storage: Your uploaded images and generated images are stored on our servers indefinitely unless you choose to delete them. You can delete your generated images at any time through the My Images page. Deletion is permanent and cannot be undone.

Data Processing: When you use our Service, your images and prompts are processed by our AI systems to generate output. This processing is essential to providing the Service.

Our Service relies on third-party services to function. By using our Service, you acknowledge and agree that:

• AI Processing: Image generation is powered by Google's Gemini AI. Your images and prompts are processed by Google's systems.
• Authentication: User authentication is provided by Clerk. Your account information is subject to Clerk's terms and privacy practices.
• Payments: Payment processing is handled by Stripe. Your payment information is subject to Stripe's terms and privacy policy.
• Storage: Images may be stored using Cloudflare R2 or similar cloud storage services.

We are not responsible for the actions, content, information, or data of these third parties. You should review their terms and privacy policies before using our Service.

We strive to provide a reliable Service, but we do not guarantee that the Service will be available at all times. The Service may be subject to:

• Scheduled maintenance and updates
• Unplanned outages or technical difficulties
• Temporary suspension for security or operational reasons

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. This includes adding or removing features, changing functionality, or adjusting usage limits. We will make reasonable efforts to notify you of material changes that significantly affect your use of the Service.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

We do not warrant that:

• The Service will meet your specific requirements or expectations
• The Service will be uninterrupted, timely, secure, or error-free
• The results from using the Service, including AI-generated images, will be accurate, reliable, or of any particular quality
• Any errors in the Service will be corrected

Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PETPHOTOS.AI AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, or data
• Business interruption
• Loss of goodwill or reputation
• Cost of substitute services
• Any damages resulting from unauthorized access to or alteration of your data
• Any damages resulting from the conduct of third parties on the Service

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE EXCEED THE AMOUNT YOU PAID TO US FOR CREDITS IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.

You agree to indemnify, defend, and hold harmless petphoto.ai and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorney's fees) arising from:

• Your use of or access to the Service
• Your violation of these Terms
• Your User Content or Generated Content, including any claims that it infringes on third-party rights
• Your violation of any applicable laws, regulations, or third-party rights
• Any misrepresentation made by you

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of such claims.

By You: You may terminate your account at any time by deleting your account through your account settings or by contacting us. Upon termination, you will lose access to the Service and any unused credits.

By Us: We may suspend or terminate your account and access to the Service at any time, with or without cause, and with or without notice. Reasons for termination may include, but are not limited to:

• Violation of these Terms
• Conduct that we believe is harmful to other users or the Service
• Extended periods of inactivity
• Requests from law enforcement or government agencies
• Discontinuation of the Service

Effect of Termination: Upon termination, your right to use the Service will immediately cease. Unused credits are not refundable upon termination. Sections of these Terms that by their nature should survive termination will survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and petphoto.ai regarding the Service and supersede all prior agreements and understandings.

Severability: If any provision of these Terms is found to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.

Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights or any other rights.

Assignment: You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

Changes to Terms: We may revise these Terms from time to time. We will notify users of material changes by posting the updated Terms on this page with a new "Last updated" date. Your continued use of the Service after changes take effect constitutes your acceptance of the revised Terms.

Dispute Resolution: If you have a dispute with us, you agree to first contact us and attempt to resolve the dispute informally. If we are unable to resolve the dispute informally, you and we agree to resolve any claims through the courts.

If you have any questions, concerns, or feedback about these Terms of Service or the Service, please contact us at:

support@petphoto.ai

We will make every effort to respond to your inquiry in a timely manner.