PetMuse Terms of Service

Introduction

Welcome to PetMuse! These Terms of Service ("Terms") govern your use of the PetMuse mobile application ("App," "Service") operated by JC Digital, LLC ("we," "our," or "us").

By creating an account or using PetMuse, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the App.

Please also review our Privacy Policy, which describes how we collect, use, and protect your personal information.

1. Description of Service

PetMuse is a mobile application that allows users to:

• Create pet profiles and upload photos of their pets
• Select from various artistic styles and templates
• Generate AI-powered artistic images of their pets using artificial intelligence
• Save and share generated artwork

Pet photos and generated images are stored locally on your device, not on our servers. The Service uses Google's Gemini AI technology to transform your pet photos into artistic images.

2. Account Registration

2.1 Eligibility

You must be at least 13 years old to use PetMuse. By creating an account, you represent that you are at least 13 years of age.

2.2 Account Security

You are responsible for:

• Providing accurate and complete registration information
• Maintaining the confidentiality of your password
• All activities that occur under your account
• Notifying us immediately of any unauthorized use of your account

We reserve the right to suspend or terminate accounts that violate these Terms.

2.3 Account Limits

• Maximum of 5 pet profiles per account
• 1-8 photos per pet profile
• One account per user

3. Credit System and Purchases

3.1 Credits

PetMuse uses a credit-based system for generating artwork:

• Starter Credits: New users receive free starter credits upon account creation
• Credit Costs: Different resolutions require different credit amounts:
  • 1K resolution: 1 credit
  • 2K resolution: 2 credits
  • 4K resolution: 4 credits
• No Expiration: Credits do not expire and remain in your account until used

3.2 Purchasing Credits

You may purchase additional credits through Apple's In-App Purchase system. All purchases are:

• Processed by Apple through the App Store
• Subject to Apple's terms and conditions
• Priced in your local currency as displayed at time of purchase

3.3 Refund Policy

Credits are non-refundable except as required by applicable law or Apple's refund policies.

• Successful generations: Credits used for successfully generated images are non-refundable, even if you are unsatisfied with the artistic result
• Failed generations: If a generation fails due to a technical error on our end, credits will NOT be deducted from your account
• Apple refunds: For purchase-related refunds, you must contact Apple directly through the App Store, as they process all payments

We do not offer refunds for:

• Unused credits
• Credits remaining when you delete your account
• Dissatisfaction with AI-generated results (due to the inherent variability of AI art)

3.4 Credit Deduction

Credits are only deducted upon successful completion of an image generation. If generation fails, your credits are not charged. We will retry failed generations up to 3 times before reporting a failure.

4. AI-Generated Content

4.1 SynthID Digital Watermark

Important: All images generated by PetMuse contain an invisible digital watermark called SynthID, embedded automatically by Google's Gemini AI system.

This watermark:

• Identifies the content as AI-generated
• Is invisible to the human eye
• Cannot be removed or disabled
• Persists even if the image is edited, cropped, or resized
• May be detected by AI content detection tools

By using PetMuse, you acknowledge and accept that all generated images will contain this watermark.

4.2 Ownership and Usage Rights

Images generated by PetMuse are created using artificial intelligence and are provided to you for personal, non-commercial use.

You MAY:

• Save generated images to your device
• Share generated images on social media with friends and family
• Print generated images for personal display in your home
• Use generated images as phone wallpapers, profile pictures, or personal gifts

You may NOT:

• Sell generated images as original artwork
• Claim generated images as hand-created by a human artist
• Use generated images for commercial purposes without explicit written permission from us
• Remove or attempt to remove the SynthID watermark
• Use generated images in any way that violates applicable laws
• License, sublicense, or transfer rights to generated images to third parties for commercial purposes

4.3 Artistic Style Disclaimer

PetMuse offers templates inspired by historical art movements and styles that are in the public domain (e.g., Renaissance, Baroque, Impressionism, Pop Art).

These templates are original AI-generated works inspired by these movements. They are:

• NOT reproductions of specific existing artworks
• NOT endorsed by or affiliated with any specific artist or artist estate
• NOT claimed to be created by any named artist

4.4 AI Limitations and Accuracy

All images are generated by artificial intelligence (Google Gemini). You acknowledge that:

• Results may vary: AI generation is inherently variable; the same inputs may produce different outputs
• No guarantees: We do not guarantee specific artistic outcomes, styles, or quality levels
• Unexpected results: The AI may occasionally produce unexpected, inaccurate, or unsatisfactory representations of your pet
• No resemblance guarantee: We are not responsible for any unintended resemblance to copyrighted works, trademarks, or real persons

We are not liable for:

• Variations in artistic style or quality between generations
• Unintended or inaccurate representations of your pet
• Generated images that do not match your expectations
• Any resemblance to copyrighted works or real persons

4.5 Attribution

Generated images should not be attributed to any specific human artist. If sharing generated images publicly, you are encouraged (but not required) to indicate they were created using AI.

5. User Content and Acceptable Use

5.1 Your Content

You retain ownership of the photos you upload to PetMuse ("User Content"). Your photos are stored locally on your device and are not stored on our servers. By uploading photos, you grant us a limited license to:

• Temporarily transmit your photos from your device to Google's Gemini API (via our server-side function) for the purpose of generating artwork
• Store metadata about your photos (such as filenames and pet associations) in our database
• Create and store thumbnails locally on your device for display in the App

This license terminates when you delete your pet profile, photos, or account.

5.2 Content Responsibility

You are solely responsible for the photos you upload. You represent and warrant that:

• You own or have the right to use all photos you upload
• Your photos do not infringe on any third party's intellectual property rights
• Your photos do not violate any applicable laws

5.3 Prohibited Content

You may NOT upload:

• Photos you do not own or have permission to use
• Photos containing other people without their consent
• Content depicting illegal activities
• Content that is obscene, defamatory, or harassing
• Content that violates any person's privacy rights
• Content that infringes on copyrights, trademarks, or other intellectual property
• Malicious files, viruses, or harmful code

5.4 Prohibited Uses

You agree NOT to:

• Use the Service for any illegal purpose
• Attempt to reverse engineer, decompile, or disassemble the App
• Attempt to gain unauthorized access to our systems or other users' accounts
• Use automated scripts, bots, or tools to access the Service
• Interfere with or disrupt the Service or servers
• Circumvent any usage limits, credit systems, or security measures
• Resell, redistribute, or commercially exploit the Service without authorization
• Use the Service to generate content that infringes on third-party rights

5.5 Enforcement

We reserve the right to:

• Remove any content that violates these Terms
• Suspend or terminate accounts that violate these Terms
• Report illegal activity to appropriate authorities
• Take legal action against violators

6. Intellectual Property

6.1 Our Property

PetMuse, including its design, features, code, graphics, logos, and trademarks, is owned by JC Digital, LLC and protected by intellectual property laws.

You may not copy, modify, distribute, sell, or lease any part of our Service without written permission.

6.2 Template Images

The artistic template images used in PetMuse are proprietary and may not be:

• Copied or downloaded separately from the Service
• Used outside of the PetMuse application
• Redistributed or resold

6.3 Feedback

If you provide feedback, suggestions, or ideas about the Service, you grant us the right to use such feedback without any obligation to you.

7. Third-Party Services

7.1 Apple App Store

The App is distributed through Apple's App Store. Your use is also subject to Apple's terms and conditions, including the Apple Media Services Terms and Conditions.

7.2 Google Gemini AI

Image generation is powered by Google's Gemini AI. By using the generation feature, your pet photos are processed by Google's systems subject to Google's terms of service.

7.3 Supabase

Our backend services are provided by Supabase. While we are responsible for how your data is handled within our application, Supabase's infrastructure is subject to their terms of service.

8. Disclaimers

8.1 "As Is" Service

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• WARRANTIES OF MERCHANTABILITY
• FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT
• ACCURACY OR RELIABILITY OF RESULTS

8.2 No Guarantee of Availability

We do not guarantee that the Service will be:

• Available at all times
• Uninterrupted or error-free
• Free of viruses or harmful components
• Compatible with all devices or operating systems

8.3 AI Results

We make no warranties regarding:

• The quality, accuracy, or suitability of AI-generated images
• The resemblance of generated images to your actual pet
• The artistic quality or style of generated images

9. Limitation of Liability

9.1 Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, JC DIGITAL, LLC SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, data, use, or goodwill
• Any damages arising from your use or inability to use the Service
• Any damages arising from AI-generated content

9.2 Maximum Liability

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM YOUR USE OF THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

9.3 Exceptions

Some jurisdictions do not allow the exclusion of certain warranties or limitations of liability. In such cases, the above limitations apply to the fullest extent permitted by law.

10. Indemnification

You agree to indemnify, defend, and hold harmless JC Digital, LLC, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Any content you upload to the Service

11. Account Termination

11.1 Termination by You

You may delete your account at any time through the Settings menu in the App. Upon deletion:

• Your account will be immediately deactivated
• You will have a 30-day grace period to reactivate
• After 30 days, all your server-side data (account information, pet profile metadata, generation metadata) will be permanently deleted from our database. Only anonymized purchase records are retained for legal compliance.
• Unused credits will be forfeited and are non-refundable
• Pet photos and generated images stored locally on your device are not affected by account deletion and remain until you delete them or uninstall the App

11.2 Termination by Us

We may suspend or terminate your account at any time if:

• You violate these Terms
• You engage in fraudulent or illegal activity
• Your account poses a security risk
• Required by law

11.3 Effect of Termination

Upon termination:

• Your right to use the Service immediately ceases
• We may delete your account data as described in our Privacy Policy
• Sections of these Terms that by their nature should survive will survive termination

12. Dispute Resolution

12.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of California, without regard to conflict of law principles.

12.2 Informal Resolution

Before filing any formal legal action, you agree to first contact us at support@petmuse.app to attempt to resolve any dispute informally. We will attempt to resolve disputes within 30 days.

12.3 Jurisdiction

Any legal action arising from these Terms shall be brought exclusively in the courts located in the State of California, and you consent to the jurisdiction of such courts.

13. Changes to Terms

We may modify these Terms at any time. When we make changes:

• We will update the "Last Updated" date at the top
• For material changes, we will notify you via email or in-app notification
• Continued use of the Service after changes constitutes acceptance of the new Terms

If you do not agree to modified Terms, you must stop using the Service and delete your account.

14. General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and JC Digital, LLC regarding the Service.

14.2 Severability

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

14.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

14.4 Assignment

You may not assign or transfer your rights under these Terms. We may assign our rights without restriction.

14.5 Contact

For questions about these Terms, please contact us at:

Email: support@petmuse.app

15. Summary of Key Terms