Terms of Service & Privacy Policy

 PAW ART AI - Terms of Service and Privacy Policy
Last updated and effective date: January 11, 2025

PLEASE READ THESE TERMS OF SERVICE ("AGREEMENT" OR "TERMS OF SERVICE") CAREFULLY BEFORE USING THE SERVICES OFFERED BY PAWARTAI.COM. THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE PAW ART AI WEBSITE AND ALL RELATED SERVICES, INCLUDING, WITHOUT LIMITATION, ANY FEATURES, CONTENT, WEBSITES (INCLUDING PAWARTAI.COM) OR APPLICATIONS OFFERED FROM TIME TO TIME BY PAW ART AI IN CONNECTION THEREWITH (COLLECTIVELY "SERVICE(S)"). BY USING THE SERVICES IN ANY MANNER, YOU AGREE TO BE BOUND BY THIS AGREEMENT.

"The Site" refers to the website operated by PAW ART AI, including but not limited to pawartai.com, as well as any associated applications, services, features, content, and functionalities offered by PAW ART AI.

 Acceptance of Terms of Service
The Service is offered subject to acceptance without modification of all of these Terms of Service and all other operating rules, policies and procedures that may be published from time to time in connection with the Services by PAW ART AI. In addition, some services offered through the Service may be subject to additional terms and conditions promulgated by PAW ART AI from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference.

PAW ART AI may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in such jurisdictions.

 Rules and Conduct
By using PAW ART AI, you agree that the Service is intended solely for the purpose of creating AI models of pets for whom you have ownership rights or explicit permission from the owner. You acknowledge and agree that when creating AI models of pets owned by others, you must have their express permission to use their pet photos and to create, train, and generate AI-generated images of them.

By using PAW ART AI to create an AI model, you confirm that:
- You are creating a model of your own pet or have permission from the pet owner
- You are over 18 years old (or the legal age in your country)
- The images you upload do not contain any inappropriate content or violate any laws
- You will not use the service to create images that promote animal abuse or harm

PAW ART AI's image creation functionality is strictly for lawful and ethical purposes. By using the app, you agree NOT to create or distribute images that:
1. Promote or depict animal abuse or cruelty
2. Create false or misleading pet-related content
3. Engage in or promote pet-related scams or fraud
4. Generate content that violates animal welfare laws
5. Create images that could cause harm to animals or their owners

You agree to only use the image creation functionality for positive and lawful purposes, such as but not limited to:
1. Creating pet portraits and artwork
2. Pet-related marketing campaigns for legitimate businesses
3. Educational content about pets
4. Personal pet memorabilia
5. Any other purpose that complies with applicable laws and this TOS

As a condition of use, you promise not to use the Service for any purpose that is prohibited by the Terms of Service. By way of example, and not as a limitation, you shall not (and shall not permit any third party to) take any action that:
- Would constitute a violation of any applicable law, rule or regulation
- Infringes upon any intellectual property or other right of any other person or entity
- Is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, or profane
- Creates content that exploits or abuses animals
- Generates or disseminates verifiably false information with the purpose of harming others
- Impersonates or attempts to impersonate others
- Creates content that implies or promotes support of illegal activities
- Creates content that promotes violence or harm to animals

Further, you shall not (directly or indirectly):
(i) Take any action that imposes or may impose an unreasonable or disproportionately large load on PAW ART AI's (or its third party providers') infrastructure
(ii) Interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service
(iii) Bypass any measures PAW ART AI may use to prevent or restrict access to the Service (or parts thereof)
(iv) Use any method to extract data from the Services, including web scraping, web harvesting, or web data extraction methods, other than as permitted through an allowable API
(v) Reverse assemble, reverse compile, decompile, translate or otherwise attempt to discover the source code or underlying components of models, algorithms, and systems of the Services that are not open (except to the extent such restrictions are contrary to applicable law)
(vi) Reproduce, duplicate, copy, sell, resell or exploit any portion of the Site, use of the Site, or access to the Site or any contact on the Site, without our express written permission

 DMCA and Takedowns Policy
PAW ART AI utilizes artificial intelligence systems to produce the Assets. Such Assets may be unintentionally similar to copyright protected material or trademarks held by others. We respect rights holders internationally and we ask our users to do the same. If you believe your copyright or trademark is being infringed by the Service, please write to legal@pawartai.com and we will process and investigate your request and take appropriate actions under the Digital Millennium Copyright Act and other applicable intellectual property laws with respect to any alleged or actual infringement.

 Modification of Terms of Service
At its sole discretion, PAW ART AI may modify or replace any of the Terms of Service, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the PAW ART AI website or Service or by sending you an email. PAW ART AI may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. It is your responsibility to check the Terms of Service periodically for changes. Your continued use of the Service following the posting of any changes to the Terms of Service constitutes acceptance of those changes.

 Trademarks and Patents
All PAW ART AI logos, marks and designations are trademarks or registered trademarks of PAW ART AI. All other trademarks mentioned in this website are the property of their respective owners. The trademarks and logos displayed on this website may not be used without the prior written consent of PAW ART AI or their respective owners. Portions, features and/or functionality of PAW ART AI's products may be protected under PAW ART AI patent applications or patents.

 Licensing Terms
Subject to your compliance with this Agreement, the conditions herein and any limitations applicable to PAW ART AI or by law:
(i) You are granted a non-exclusive, limited, non-transferable, non-sublicensable, non-assignable, freely revocable license to access and use the Service for business or personal use
(ii) You own all Assets you create with the Services
(iii) We hereby assign to you all rights, title and interest in and to such Assets for your personal or commercial use

Otherwise, PAW ART AI reserves all rights not expressly granted under these Terms of Service. Each person must have a unique account and you are responsible for any activity conducted on your account. A breach or violation of any of our Terms of Service may result in an immediate termination of your right to use our Service.

By using the Services, you grant to PAW ART AI, its successors, and assigns a perpetual, worldwide, non-exclusive, sublicensable, no-charge, royalty-free, irrevocable copyright license to use, copy, reproduce, process, adapt, modify, publish, transmit, prepare Derivative Works of, publicly display, publicly perform, sublicense, and/or distribute text prompts and images you input into the Services, or Assets produced by the Service at your direction. This license authorizes PAW ART AI to make the Assets available generally and to use such Assets as needed to provide, maintain, promote and improve the Services, as well as to comply with applicable law and enforce our policies. You agree that this license is provided with no compensation paid to you by PAW ART AI for your submission or creation of Assets, as the use of the Services by you is hereby agreed as being sufficient compensation for the grant of rights herein.

 Fees and Payments
PAW ART AI operates on a credit-based payment system. You can purchase credit packages that allow you to generate AI images of your pets. Each credit package contains a specific number of credits, and each image generation will consume a set number of credits from your account.

You agree that PAW ART AI provides you immediate access to digital content and begins service consumption immediately upon purchase of credits, without the standard 14-day withdrawal period. Therefore, you expressly waive your right to withdraw from this purchase. Due to the high costs of GPU processing, we're not able to offer refunds for purchased credits because we reserve servers and incur high costs for the service infrastructure.

Credits do not expire, but they are non-refundable and non-transferable. When you run out of credits, you will need to purchase additional credits to continue generating images. PAW ART AI reserves the right to change its prices, credit package offerings, and credit consumption rates at any time. Any such changes will not affect credits that have already been purchased.

Unless otherwise stated, your credit package fees ("Fees") do not include federal, state, local, and foreign taxes, duties, and other similar assessments ("Taxes"). You are responsible for all Taxes associated with your purchase and we may invoice you for such Taxes.

 Termination
PAW ART AI may terminate your access to all or any part of the Service at any time if you fail to comply with these Terms of Service, which may result in the forfeiture and destruction of all information associated with your account. Further, either party may terminate the Services for any reason and at any time upon written notice. If you wish to terminate your account, you may do so by following the instructions on the Service. Any fees paid hereunder are non-refundable. Upon any termination, all rights and licenses granted to you in this Agreement shall immediately terminate, but all provisions hereof which by their nature should survive termination shall survive termination, including, without limitation, warranty disclaimers, indemnity and limitations of liability.

 Indemnification
You shall defend, indemnify, and hold harmless PAW ART AI, its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers and representatives from all liabilities, losses, claims, and expenses, including reasonable attorneys' fees, that arise from or relate to (i) your use or misuse of, or access to, the Service, or (ii) your violation of the Terms of Service or any applicable law, contract, policy, regulation or other obligation. PAW ART AI reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with PAW ART AI in connection therewith.

 Limitation of Liability
IN NO EVENT SHALL PAW ART AI OR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, OR SUBSTITUTE GOODS OR SERVICES, (II) FOR YOUR RELIANCE ON THE SERVICE OR (III) FOR ANY DIRECT DAMAGES IN EXCESS (IN THE AGGREGATE) OF THE FEES PAID BY YOU FOR THE SERVICE OR, IF GREATER, $500. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

 Disclaimer
ALL USE OF THE SERVICE AND ANY CONTENT IS UNDERTAKEN ENTIRELY AT YOUR OWN RISK. THE SERVICE (INCLUDING, WITHOUT LIMITATION, THE PAW ART AI WEB APP AND ANY CONTENT) IS PROVIDED "AS IS" AND "AS AVAILABLE" AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.

 Age Requirements
By accessing the Services, you confirm that you're at least 18 years old and meet the minimum age of digital consent in your country. If you are not old enough to consent to our Terms of Service in your country, your parent or guardian must agree to this Agreement on your behalf.

Please ask your parent or guardian to read these terms with you. If you're a parent or legal guardian, and you allow your teenager to use the Services, then these terms also apply to you and you're responsible for your teenager's activity on the Services.

 Privacy Policy

 Information We Collect

We collect information about you and your pets when:

1. You directly provide it to us:
- Your name and contact information
- Payment information
- Pet information:
  - Pet name
  - Pet type/species
  - Breed
  - Age
  - Photos of your pets
  - Pet ownership verification (when required)

2. Automatically through our services:
- Website usage data
- Device information
- IP address and location data
- Service interaction data

 Use of Your Information

We use your information to:
- Provide and improve our services
- Process your payments
- Communicate with you about our services
- Personalize your experience
- Maintain and improve our AI models
- Comply with legal obligations
- Protect against fraud and abuse

 Information Sharing

We may share your information with:
- Service providers who help operate our platform
- Payment processors
- Legal authorities when required by law
- Business partners (with your consent)

We do not sell your personal information to third parties.

 Data Security

We implement appropriate technical and organizational measures to protect your information. However, no system is completely secure. We regularly review and update our security practices to maintain the safety of your information.

 Your Rights

Depending on your location, you may have certain rights regarding your personal information, including:
- The right to access your data
- The right to correct inaccurate data
- The right to delete your data
- The right to restrict processing
- The right to data portability
- The right to object to processing

To exercise these rights, please contact us at legal@pawartai.com.

 Cookies and Similar Technologies

We use cookies and similar technologies to:
- Keep you logged in
- Remember your preferences
- Understand how you use our service
- Improve our platform

You can control cookie settings through your browser preferences.

 Changes to Privacy Policy

We may update this privacy policy from time to time. We will notify you of any significant changes by posting the new policy on our website or sending you an email notification.

 Contact Us

For questions about these Terms or Privacy Policy, contact us at:

Email: legal@pawartai.com

PAW ART AI is committed to protecting your privacy and ensuring the ethical use of pet imagery. We appreciate your trust in our services.