Terms and Conditions

1. Acceptance of Terms

By accessing and using Cartoonify (the "Service"), you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to these Terms and Conditions, please do not use our Service.

We reserve the right to modify these terms at any time. Your continued use of the Service following any changes indicates your acceptance of the new terms.

2. Service Description

Cartoonify provides AI-powered portrait generation services that transform user-uploaded photographs into artistic renditions in various styles. The Service includes:

• AI portrait generation from uploaded photographs
• Preview generation with watermarks
• High-resolution digital download purchases
• User account management and upload history

3. User Responsibilities and Prohibited Content

By uploading photographs to our Service, you represent and warrant that:

• You own all rights to the uploaded photographs or have obtained all necessary permissions
• The photographs do not violate any third-party rights, including copyright, trademark, privacy, or publicity rights
• You have consent from any individuals depicted in the photographs
• The content does not contain illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable material

You are strictly prohibited from uploading photographs of minors without verifiable parental consent, celebrity photographs without proper licensing, or any copyrighted material without authorization.

4. Intellectual Property Rights

4.1 Your Content: You retain all ownership rights to the photographs you upload. By uploading content, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, and process your photographs solely for the purpose of providing the Service.

4.2 Generated Portraits: AI-generated portraits are derivative works. Upon purchase of a digital download, you receive a non-exclusive, perpetual license to use the portrait for personal and commercial purposes. However, you acknowledge that similar or identical portraits may be generated for other users using similar source photographs.

4.3 Our Intellectual Property: The Service, including all software, algorithms, designs, trademarks, and branding, remains our exclusive property. You may not copy, modify, distribute, or reverse engineer any part of our Service.

5. Limitation of Liability and Disclaimers

THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

5.1 No Warranties: We do not warrant that the Service will be uninterrupted, error-free, or completely secure. We make no guarantees regarding the quality, accuracy, or suitability of AI-generated portraits for any particular purpose.

5.2 Limitation of Damages: TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, DATA LOSS, OR BUSINESS INTERRUPTION ARISING FROM YOUR USE OF THE SERVICE.

5.3 Maximum Liability: Our total liability to you for any claims arising from the Service shall not exceed the amount you paid us in the twelve (12) months preceding the claim, or $100, whichever is less.

5.4 Third-Party Rights: You acknowledge and agree that you are solely responsible for ensuring you have all necessary rights and permissions for uploaded content. We are not liable for any claims, damages, or legal actions arising from your violation of third-party rights, including but not limited to copyright infringement, trademark violations, or privacy violations.

6. Indemnification

You agree to indemnify, defend, and hold harmless Cartoonify, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the Service; (b) your uploaded content; (c) your violation of these Terms; (d) your violation of any third-party rights, including intellectual property, privacy, or publicity rights; or (e) any unauthorized or illegal use of your account.

7. Payment Terms and Refunds

7.1 Pricing: Digital portrait downloads are priced as displayed at the time of purchase. All prices are in USD unless otherwise stated.

7.2 Payment Processing: Payments are processed securely through third-party payment processors (Stripe). By making a purchase, you agree to the payment processor's terms of service.

7.3 Refund Policy: Due to the digital nature of our products and the availability of free previews, all sales are final. Refunds are granted solely at our discretion and only in cases of technical failure preventing download access.

8. Account Termination

We reserve the right to suspend or terminate your account and access to the Service at any time, without notice, for conduct that we believe violates these Terms, is harmful to other users, or is otherwise objectionable. You may delete your account at any time through your account settings.

9. Dispute Resolution and Governing Law

9.1 Governing Law: These Terms shall be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law provisions.

9.2 Arbitration: Any dispute arising from these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of [Arbitration Association], except where prohibited by law.

9.3 Class Action Waiver: You agree to resolve disputes individually and waive any right to participate in class action lawsuits or class-wide arbitration.

10. Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, riots, labor disputes, or government actions.

11. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

12. Contact Information

For questions about these Terms and Conditions, please contact us at: help@mytoonphoto.com