PetPortraitAi.com (“the Site”) is operated by Clear Solutions Online Ltd ("the Company," "we," or "us"). These Terms & Conditions ("T&Cs") govern your use of our website and the services provided therein ("Service"). By accessing or using our Service, you agree to be bound by these T&Cs, so please read them carefully.
PetPortraitAi.com is an AI-powered image generation platform that allows users ("User" or "you") to upload images of their pets ("Uploaded Content"). We utilize these images to train a custom AI model, which is then used to generate new images ("Generated Images") based on text prompts provided by the user. Our Service is available globally.
By registering for and accessing the Service, you represent and warrant that you are of legal age to enter into a binding contract in your jurisdiction. In jurisdictions where applicable, you further represent that you are at least 13 years of age. Should you be under the age required to form a binding contract under applicable law, you must not register for or use the Service.
- (a) Access to the Service is strictly contingent upon the registration and creation of an account.
- (b) During the registration process, you shall be required to provide a valid email address and to complete an email verification procedure.
- (c) Subsequent to the initial registration, you may be required to furnish additional information, including but not limited to pet details (such as pet type and images), which is essential for the proper functioning of the Service.
2.3 User Responsibilities
- (a) You agree that all information provided during the registration process is true, accurate, current, and complete, and you agree to update such information as necessary to maintain its truthfulness and accuracy.
- (b) You are solely responsible for maintaining the confidentiality of your account credentials and any activities that occur under your account.
- (c) You shall immediately notify the Company of any unauthorized use of your account or any other breach of security.
3. User Obligations & Conduct
3.1 Content Guidelines
- (a) Users shall upload only images of their own pets. The Service is expressly limited to pet images, and the upload of any images featuring human subjects is strictly prohibited.
- (b) All images submitted must be original, non-copyrighted, and must not contain any content that is explicit, pornographic, sexual, offensive, or otherwise illegal. In particular, users shall not upload images that include third-party copyrighted material or that might otherwise infringe upon the intellectual property rights or other rights of any third party.
- (c) The Service expressly prohibits the submission or generation of any images that depict minors, nor any content created with the intent to portray minors.
- (d) Users acknowledge and agree that the quality and effectiveness of the generated images are contingent upon the quality, variety, and sufficiency of the input images.The Company shall not be liable for any deficiencies in the generated images where such deficiencies arise solely from the nature or inadequacy of the input images provided by the user.
3.2 Prohibited Conduct
- (a) Users shall not engage in any conduct that interferes with or disrupts the operation of the Service, including but not limited to unauthorized access, spamming, harassment, or any unlawful behavior.
- (b) Users are expressly prohibited from using the Service in a manner that violates any applicable law or regulation, or that is intended to defame, abuse, or harass any person or entity.
3.3 Ownership and License Grants
- (a) Users retain ownership of all content uploaded to the Service. However, by submitting such content, you grant the Company a non-exclusive, royalty-free, worldwide, transferable, and sublicensable license to use, reproduce, modify, adapt, publish, and display such content solely for the purpose of operating, promoting, and improving the Service.
- (b) Similarly, users retain ownership of the assets, including Generated Images and associated text prompts, created through the Service. Notwithstanding the foregoing, users grant the Company a non-exclusive, royalty-free license to use these assets and associated data for operational and promotional purposes.
- (c) Users agree that the Company shall not be held liable for any claims arising from copyright infringement or any other legal violation resulting from content uploaded or generated by users.
3.4 Enforcement and Remedies
- (a) The Company reserves the right to remove, restrict, or modify any content that violates these Terms & Conditions or that, in our sole discretion, is deemed inappropriate or harmful to the Service or its users.
- (b) In the event of a violation of these terms, the Company may suspend or terminate the offending user’s account without prior notice and without liability.
- (c) Any credits or fees paid by the user are non-refundable in cases where images or accounts are removed due to violations of these Terms & Conditions.
4. Intellectual Property Rights
4.1 Ownership and License Grants
- (a) Users retain all rights, title, and interest in and to their Uploaded Content and any Generated Images produced through the Service.
- (b) By uploading content and utilizing the Service, you hereby grant the Company a non-exclusive, royalty-free, worldwide, transferable, and sublicensable license to use, reproduce, modify, adapt, publish, display, and distribute your Uploaded Content and Generated Images solely for the purposes of operating, promoting, and improving the Service, as well as for any related promotional or marketing activities.
4.2 Usage of Generated Content by Users
Notwithstanding the foregoing, you retain the right to use, reproduce, and distribute your Uploaded Content and Generated Images for both personal and commercial purposes without restriction.
4.3 Proprietary Rights in Underlying Technology
- (a) All rights, title, and interest in and to the underlying technology of the Service—including, but not limited to, the AI model, training data, algorithms, and all related trade secrets and proprietary information—are and shall remain the exclusive property of the Company.
- (b) Any attempt to reverse engineer, decompile, or otherwise derive the underlying source code or structure of the Service, in whole or in part, is strictly prohibited and shall constitute a material breach of these Terms & Conditions.
5. Data Usage & Privacy
5.1 Data Collection and Storage
- (a) The personal data that we collect from Users is limited to email addresses and pet images.
5.2 Usage of Data
- (a) Pet images submitted by Users are primarily utilized for training the AI model associated with the User’s account.
- (b) In addition, pet images may be employed for research and service improvement purposes, including the evaluation of alternative training settings to enhance performance and likeness in the generated outputs.
5.3 Data Sharing
- (a) Uploaded Content will be shared with third-party service providers for purposes directly related to the operation of the Service, including for the training of AI models.
- (b) Uploaded Content shared with third-party providers is currently removed by those third-parties within one hour of the creation of the respective model or image.
- (c) The Company also reserves the right to disclose User data when required by applicable law or in response to a valid legal process.
5.4 User Rights and Control
- (a) Users are entitled to exercise rights regarding their personal data in accordance with applicable jurisdictional requirements. Such rights may include, without limitation, accessing, updating, or requesting the deletion of their data.
- (b) Any inquiries or requests pertaining to the handling of personal data should be directed to the Company via the contact methods provided on PetPortraitAi.com.
5.5 Security Measures
- (a) The Site implements standard industry practices to protect the personal data of our Users from unauthorized access, alteration, disclosure, or destruction.
- (b) While specific security measures are not itemized herein, the Company remains committed to maintaining the confidentiality and integrity of User data.
6. Service Use & Limitations
6.1 Quality and Reliability
- (a) As a User, you acknowledge that the quality and accuracy of the Generated Images are inherently dependent upon the quality, variety, and sufficiency of the Uploaded Content provided by the User.
- (b) The Service is provided on an “as is” and “as available” basis, and the Company expressly disclaims any warranties or guarantees, whether express or implied, regarding the performance, reliability, or suitability of the Service.
- (c) While the Company is committed to continuously improving the performance of the Service and the likeness of the Generated Images, and will, where practicable, offer assistance to Users experiencing issues, no warranty is provided as to the overall quality or outcome of the generated images.
6.2 Availability and Performance
- (a) The Service is provided on an “as is” and “as available” basis. The Company does not warrant uninterrupted or error-free operation of the Service and shall not be held liable for any downtime, maintenance, or interruptions that may occur in connection with the Service.
6.3 Permissible Use
- (a) Users are authorized to use the Service as it is presented, provided that such use does not breach any provisions of these Terms & Conditions.
- (b) No additional restrictions are imposed on the manner in which Users may utilize the Service, aside from those expressly set forth herein.
6.4 Disclaimer of Liability
- (a) To the fullest extent permitted by applicable law, the Company shall not be liable for any direct, indirect, incidental, consequential, or special damages, including without limitation, loss of profits or data, arising from or related to the use or inability to use the Service, including any deficiencies in the quality or performance of the Generated Images.
- (b) Users acknowledge that they assume all risks associated with the use of the Service, and that the Company’s total liability for any claims arising under these Terms & Conditions shall be limited to the amount paid, if any, by the User for the use of the Service.
7. Payment & Subscription
7.1 Purchase of Credits
- (a) The Service is offered on a credit-based model. The Company reserves the right to alter the cost per credits, the number of credits used per image generation, and any other elements related to the pricing of the Service.
7.2 Payment Terms
- (a) Payments for credits shall be processed via Stripe, our designated billing provider.
- (b) The Service accepts various payment methods, including credit and debit cards, as facilitated by Stripe.
- (c) Payments are processed on a one-time basis, and there are no recurring billing or subscription-based charges associated with the Service.
7.3 Refund Policy
- (a) In the event that images are removed or an account is terminated due to a breach of these Terms & Conditions, any credits used in connection with such images, as well as any unused credits, shall not be eligible for a refund.
- (b) Refunds shall only be provided under the following circumstances:
- (i) If a user has paid for credits but has not proceeded to train their first model, a full refund may be issued.
- (ii) If a user has paid for credits and has trained their first model but has not generated any images, a refund of fifty percent (50%) of the purchase amount may be issued, and all credits will be removed from the User’s account.
- (c) No refunds shall be issued for cancellation or account deletion, unless requested before the use of any credits of the training of any model.
7.4 Disputes and Chargebacks
- (a) Any disputes or chargebacks initiated by Users regarding payments shall be handled in accordance with Stripe’s policies and applicable law.
- (b) Users agree that any chargeback or dispute may result in the immediate suspension or termination of their account and the forfeiture of all associated credits.
8. Disclaimer & Limitation of Liability
8.1 Warranty Disclaimers
- (a) THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE.
- (b) THE COMPANY MAKES NO WARRANTY THAT THE SERVICE, OR ITS OUTPUTS, WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
8.2 Limitation of Liability
- (a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, OR INABILITY TO USE THE SERVICE, OR ANY CONTENT UPLOADED OR GENERATED THROUGH THE SERVICE.
- (b) UNDER NO CIRCUMSTANCES SHALL THE TOTAL LIABILITY OF THE COMPANY FOR ANY CLAIM ARISING UNDER OR RELATING TO THESE TERMS EXCEED THE AMOUNT PAID, IF ANY, BY YOU FOR THE USE OF THE SERVICE.
8.3 Indemnification
You agree to indemnify, defend, and hold harmless the Company and its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with (a) your access to or use of the Service, (b) your Uploaded Content or Generated Images, or (c) any violation of these Terms & Conditions.
8.4 Additional Disclaimers
- (a) THE COMPANY DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE SERVICE OR ANY INFORMATION PROVIDED THEREIN, AND SHALL NOT BE HELD RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN THE SERVICE.
- (b) ANY INTERRUPTION, DELAY, OR FAILURE IN THE OPERATION OF THE SERVICE IS NOT CONSTITUTIVE OF A BREACH OF THESE TERMS, AND THE COMPANY SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES RESULTING THEREFROM.
- (c) THE FOREGOING DISCLAIMERS AND LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, EVEN IF A REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE.
9. Termination & Suspension
9.1 Grounds for Termination or Suspension
The Company reserves the right to suspend or terminate any User’s account immediately, without prior notice, in the event of any breach of these Terms & Conditions or any misuse of the Service. Such breaches may include, but are not limited to, uploading prohibited content, engaging in unlawful or harmful conduct, or otherwise violating any provision herein.
9.2 Notice and Remediation
- (a) In instances of non-severe violations, the Company may, at its sole discretion, provide notice to the User and an opportunity to remedy the violation prior to suspension or termination.
- (b) For severe or repeated violations, termination or suspension may be effected immediately, without prior notice or opportunity for remediation.
9.3 Effects of Termination or Suspension
- (a) Upon termination or suspension of a User’s account, the User’s access to the Service shall be revoked immediately.
- (b) All Uploaded Content, Generated Images, and any associated data stored on the Service will be permanently removed.
- (c) Any credits associated with the account, whether used or unused, shall be forfeited and will not be eligible for refund or reinstatement.
9.4 User-Initiated Termination
- (a) Users may terminate their accounts by submitting a termination request via email to the designated administrative contact.
- (b) By requesting termination, the User acknowledges and agrees that all associated data, including Uploaded Content, Generated Images, and any unused credits, will be permanently removed and will not be recoverable.
10. Governing Law & Dispute Resolution
10.1 Governing Law
These Terms & Conditions shall be governed by, and construed in accordance with, the laws of England and Wales, without regard to its conflict of law provisions.
10.2 Dispute Resolution
- (a) In the event of any dispute, controversy, or claim arising out of or relating to these Terms & Conditions or the Service, the parties shall attempt, in good faith, to resolve such dispute through negotiation.
- (b) If the dispute cannot be resolved through negotiation within a reasonable period, the parties agree to attempt to resolve the dispute through mediation before resorting to arbitration or litigation.
- (c) Any unresolved dispute shall be finally settled by the courts of England and Wales, which shall have exclusive jurisdiction over any such proceedings.
11. Modifications to Terms
11.1 Notification
The Company reserves the right to modify these Terms & Conditions at any time. Any such modifications will be posted on the PetPortraitAi.com website, and registered Users will be notified via email.
11.2 Effective Date
All changes to these Terms & Conditions shall become effective immediately upon posting, unless otherwise specified at the time of notification.
11.3 Continued Use
Your continued use of the Service following any modifications to these Terms shall constitute your acceptance of and agreement to the updated Terms.
11.4 Version Control
The current version of these Terms & Conditions is effective as of the date stated at the top of this page. It is the responsibility of Users to review these Terms periodically for any updates.
12. Miscellaneous
12.1 Entire Agreement
These Terms & Conditions, together with any policies or guidelines referenced herein, constitute the entire agreement between you and the Company with respect to the subject matter hereof and supersede all prior or contemporaneous understandings or agreements, whether written or oral.
12.2 Severability
If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from these Terms and the remaining provisions shall remain in full force and effect.
12.3 Waiver
No waiver by the Company of any breach or default under these Terms shall be deemed a waiver of any subsequent breach or default, whether of a similar or different nature.
12.4 Assignment
These Terms and any rights or obligations hereunder may not be assigned, transferred, or delegated by you without the prior written consent of the Company. The Company reserves the right to assign or transfer these Terms without restriction.
12.5 No Third-Party Beneficiaries
These Terms are intended solely for the benefit of the parties hereto and do not confer any rights or remedies to any third party.