1. Introduction
Welcome to PetFun. These Terms and Conditions (“Terms”) govern your use of the PetFun website, mobile application, and services (collectively, the “Service”). PetFun is a product operated by Mad Vault LLC (“we,” “us,” or “our”). By accessing or using the Service, you agree to be bound by these Terms.
2. Acceptance of Terms
By using PetFun, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Service.
3. Service Description
PetFun is an AI-powered platform that allows users to custom train AI models on photos of their pets and create imaginative scenarios featuring their pets. Our service uses state-of-the-art AI imaging models to produce hyperrealistic reproductions of pets in various environments and styles.
4. User Accounts and Registration
4.1. To use certain features of the Service, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process.
4.2. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
4.3. You must be at least 13 years old to use the Service. If you are under 18, you represent that you have your parent or guardian’s permission to use the Service.
5. User Content and Ownership
5.1. You retain full ownership of any original content you upload to the Service, including photos of your pets (“User Content”). Mad Vault LLC does not claim any ownership rights to your original User Content.
5.2. By uploading User Content, you grant Mad Vault LLC a limited, non-exclusive, worldwide, royalty-free licence to use, process, and analyse the User Content solely for the purpose of generating AI-created images through the PetFun Service. This licence does not extend to any use, reproduction, modification, or display of your original User Content beyond what is necessary to provide the PetFun Service.
5.3. You acknowledge and agree that Mad Vault LLC owns all rights, title, and interest in and to the AI-generated images created through the PetFun Service using your User Content (“AI-Generated Content”). By using the Service, you grant Mad Vault LLC a non-exclusive, worldwide, royalty-free, sub-licensable, and transferable licence to use, reproduce, modify, distribute, and display the AI-Generated Content for the purposes of operating, promoting, and improving the Service.
5.4. You represent and warrant that you have all necessary rights to grant the licences described in this section and that your User Content does not violate any third-party rights or applicable laws.
5.5. While Mad Vault LLC owns the AI-Generated Content, we grant you a personal, non-exclusive, non-transferable licence to use, share, and display the AI-Generated Content featuring your pets for personal, non-commercial purposes.
6. Intellectual Property Rights
6.1. The Service, including its software, features, and content (excluding User Content), is owned by Mad Vault LLC and is protected by copyright, trademark, and other intellectual property laws.
6.2. You may not copy, modify, distribute, sell, or lease any part of the Service without our prior written consent.
6.3. Copyright and Intellectual Property Policy
6.3.1. We respect the intellectual property rights of others and expect our users to do the same.
6.3.2. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, please follow our DMCA Notice procedure outlined in Section 16.
7. Prohibited Activities
You agree not to:
7.1. Use the Service for any illegal purpose or in violation of any local, state, national, or international law.
7.2. Upload content that infringes on the rights of others or violates their privacy.
7.3. Impersonate any person or entity or falsely state or misrepresent your affiliation with a person or entity.
7.4. Interfere with or disrupt the Service or servers or networks connected to the Service.
7.5. Attempt to gain unauthorized access to any portion of the Service or any other systems or networks connected to the Service.
8. Privacy Policy
Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand how we collect, use, and disclose information about you.
9. Payment & Refund Terms
9.1. PetFun operates on a one-time payment model. There are no recurring subscriptions at this time.
9.2. All payments are processed securely through Stripe, our third-party payment processor.
9.3. By making a payment, you agree to provide current, complete, and accurate purchase and account information.
9.4. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
9.5. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order.
9.6. Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
9.7. Refund Policy
Our AI photo generation service involves a two-step process: initial purchase and photo upload/training. Please note our refund policy carefully:
a) Before Photo Upload: If you have made a purchase but have not yet uploaded your photos for AI training, you may request a refund within 24 hours of your purchase.
b) After Photo Upload: Once you upload your photos and the AI training process begins, PetFun incurs substantial computational costs and GPU resources. At this point:
- The service is considered activated and in progress
- No refunds can be issued due to the immediate allocation of computing resources
- The AI training process cannot be reversed or halted
c) Credit Packages: All credit package purchases are final and non-refundable. This includes:
Individual credit purchases Bulk credit packages Promotional credit bundles Special offer credits
d) By uploading your photos for AI training, you explicitly acknowledge that:
You are initiating the service delivery
Significant GPU processing costs are being incurred
You waive any applicable cooling-off or withdrawal period that might otherwise apply to digital services
9.8. In exceptional circumstances where our service fails to deliver any results due to technical issues on our end, we may, at our sole discretion, offer a replacement generation.
10. Limitation of Liability
To the maximum extent permitted by law, Mad Vault LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from your use of the Service.
11. Disclaimer of Warranties
The Service is provided “as is” and “as available” without any warranties of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
12. Indemnification
You agree to indemnify and hold harmless Mad Vault LLC and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorneys’ fees) arising out of or related to your use of the Service or violation of these Terms.
13. Termination
We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.
14. Governing Law and Dispute Resolution
14.1. These Terms shall be governed by and construed in accordance with the laws of the State of Wyoming, United States of America, without regard to its conflict of law provisions.
14.2. Any dispute arising from or relating to these Terms or the Service shall be resolved exclusively in the courts located in Wyoming, United States of America.
14.3. You agree to submit to the personal jurisdiction of the courts located within Wyoming for the purpose of litigating all such claims or disputes.
15. Changes to Terms
We reserve the right to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
16. DMCA Notice and Procedure for Copyright Infringement Claims
17.1. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, please submit a written notification to our designated copyright agent containing the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
17.2. Please send DMCA notices to: [Insert designated copyright agent’s contact information] 17.3. We reserve the right to remove content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, we will also terminate a user’s account if the user is determined to be a repeat infringer.
17. Contact Information
If you have any questions about these Terms, please contact us at:
Mad Vault LLC
30 N Gould Street, Ste R
Sheridan, WY 82801
United States of America
Last updated: 9th November 2024