These Terms of Service ("Terms") are a legally binding agreement between you ("you," "User") and Mural & Pixel Graphics LLC dba PetHeroesAI("PetHeroesAI," "we," "us," "our") governing your access to and use of our websites, apps, and related services for AI photo and video creation (the "Services"). By creating an account, purchasing credits or subscriptions, generating content, or otherwise using the Services, you agree to these Terms.
1) Eligibility; Account
- You must be at least 13 years old (or the age of digital consent in your region) to use the Services; if you are under 18, you need permission from a parent/guardian.
- Provide accurate registration information and keep your credentials secure. You're responsible for all activity on your account.
- We may refuse, suspend, or terminate accounts that violate these Terms or our policies.
- Inactive accounts. If you do not log in to your account for 6 consecutive months, we reserve the right to delete all content associated with your account, including uploads, generated outputs, and account data. Please ensure you download and save any content you wish to keep before your account becomes inactive.
2) Services Overview
PetHeroesAI lets you upload images/video and prompts (e.g., pet photos) to generate new AI photos and videos, including likeness-based outputs. We also offer post-processing (e.g., upscaling) and preset storyboards. The Services evolve over time and features may change or be discontinued.
3) Your Content & Licenses
Your uploads remain yours. You keep all rights that you own in content you upload ("User Content"). You grant PetHeroesAI a worldwide, non-exclusive, royalty-free license to host, process, modify, and display User Content and generated outputs solely to operate, improve, secure, and support the Services (e.g., rendering jobs, caching, safety review, troubleshooting).
- No training without consent. We do not use customer uploads to train publicly available models without your explicit permission (see Privacy Policy).
- Permissions & likeness. You represent you have all rights needed for any image you submit (including pets and people) and that your use is lawful and respects others' privacy, publicity, and IP rights.
- Prohibited content. Do not upload or generate illegal content; sexually explicit content; content that is exploitative, harassing, hateful, or violent; or content that infringes IP or misuses personal data. We may block or remove content and report illegal activity.
4) Generated Outputs
Subject to these Terms and any third-party rights, you receive a non-exclusive license to use, copy, display, and monetize your outputs created via your account. Outputs may contain artifacts or inaccuracies; you are responsible for reviewing and ensuring compliance with law and third-party rights before publishing or commercial use.
5) Plans, Credits, and Payments
- Processor. Payments are processed by Stripe or another PCI-compliant provider. We do not store full card numbers.
- Credits/Tokens. Photo/video generation may consume credits (e.g., by duration for video). Credit pricing and consumption rules are shown in-product and may change prospectively. Credits are not legal tender and typically expire after 12 months unless required otherwise by law.
- Subscriptions. If you buy a subscription, it renews automatically each period unless canceled before renewal. You can cancel anytime in your account, effective at the end of the current period.
- Taxes. Prices exclude taxes unless stated. You are responsible for applicable taxes.
- Refunds. Except where required by law, all purchases are final. If generation fails due to a system error, we will restore credits or re-run the job.
6) Acceptable Use
- Do not attempt to reverse engineer, scrape, or abuse rate limits or security.
- Do not upload malware or interfere with the Services or other users.
- Do not use outputs to deceive about real-world facts (e.g., impersonation) or to violate rights (e.g., defamation, publicity, IP).
- If using likeness features, clearly disclose AI-assisted content where applicable and obtain necessary permissions.
7) Intellectual Property; DMCA
PetHeroesAI and its licensors own the Services, site design, software, models (excluding your uploads), and trademarks. You may not use our marks without permission. If you believe material on the Services infringes your copyright, send a DMCA notice to:
DMCA Agent: Legal, PetHeroesAI • contact@petheroesai.com
Your notice must include: (i) your signature; (ii) identification of the copyrighted work; (iii) identification of the material and its location; (iv) your contact info; (v) a good-faith statement that use is unauthorized; and (vi) a statement under penalty of perjury that the information is accurate and you are the owner or authorized agent.
8) Privacy
Our Privacy Policy explains how we collect and use personal information. By using the Services, you also agree to the Privacy Policy, including California disclosures and opt-out options for targeted ads.
9) Third-Party Services
Some features rely on third-party services (e.g., cloud hosting, model providers, analytics, payment processors). Your use of those services may be subject to their terms and privacy policies. We aren't responsible for third-party sites and services we don't control.
10) Changes to the Services or Terms
We may modify the Services or these Terms. If changes are material, we will provide reasonable notice (e.g., in-app, email, or site banner). Continued use after the effective date means you accept the updated Terms. If you don't agree, stop using the Services and, if applicable, cancel your subscription.
11) Disclaimers
THE SERVICES AND ALL OUTPUTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT OUTPUTS WILL BE ACCURATE OR SUITABLE FOR YOUR USE.
12) Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PETHEROESAI AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO PETHEROESAI IN THE 3 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY, OR (B) USD $100. SOME STATES DO NOT ALLOW LIMITATIONS; YOUR RIGHTS MAY VARY.
13) Indemnification
You will defend, indemnify, and hold harmless PetHeroesAI from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising from your User Content, your outputs, your use of the Services, or your violation of these Terms or applicable law.
14) Governing Law; Venue (California)
These Terms are governed by the laws of the State of California, without regard to conflict-of-law rules. Subject to the arbitration provision below, the exclusive venue for disputes that cannot be arbitrated will be the state or federal courts located in Sacramento County, California, and you consent to personal jurisdiction there.
15) Binding Arbitration; Class Action Waiver
PLEASE READ THIS CAREFULLY. Any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved by final and binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. You and PetHeroesAI agree to resolve disputes on an individual basis and not as a class or collective action. The arbitrator may award relief only to the individual party seeking relief.
- Opt-out: You can opt out of arbitration within 30 days of first accepting these Terms by emailing contact@petheroesai.com with subject "Arbitration Opt-Out."
- Small claims: Either party may bring an individual action in small claims court in Sacramento County, CA instead of arbitration.
- Fees/Location: AAA rules govern fees; for consumers, we will pay required portions where applicable. Unless you and we agree otherwise, the arbitration will be in Sacramento County, CA, or by video/phone as the arbitrator permits.
16) Suspension & Termination
We may suspend or terminate access if you violate these Terms, misuse the Services, or to comply with law or requests of authorities. You may stop using the Services at any time. Sections that by their nature should survive termination will survive (e.g., licenses to run the Service for past jobs, IP, payments due, disclaimers, limitations, indemnity, governing law, arbitration).
16A) Service Discontinuation
PetHeroesAI reserves the right to discontinue or shut down the Services at any time, for any reason, including but not limited to business closure, economic conditions, or strategic decisions. In the event of a planned service shutdown:
- Notice period. We will provide at least 30 days advance notice to active users via email and in-app notification before the Services cease operations.
- Data download. During the notice period, you will have the ability to download all of your generated content (photos, videos, and storyboards) from your library. After service closure, we cannot guarantee access to your data.
- Credit refunds. If you have unused credits or an active subscription at the time of shutdown announcement:
- Active subscription holders will receive a pro-rated refund for the unused portion of their current billing cycle.
- Users with unused credits purchased within the previous 90 days will receive a refund based on the original purchase price, minus any credits already consumed.
- Credits older than 90 days or included as promotional/bonus credits are not eligible for refund.
- Refund processing. Refunds will be issued to the original payment method within 30 days of service closure via Stripe or the original payment processor.
- Emergency closure. In the event of an unforeseen emergency requiring immediate service shutdown (e.g., legal requirement, force majeure), we will provide as much notice as reasonably possible and make commercially reasonable efforts to process refunds for active subscriptions and recent credit purchases, though timing may be extended beyond 30 days.
- No ongoing obligations. After service discontinuation, PetHeroesAI will have no further obligations to provide access, support, or maintain any data or generated content.
17) Communications
By providing your email, you agree to receive service messages. Marketing emails require your opt-in and can be unsubscribed at any time. For notices under these Terms, email contact@petheroesai.com.
18) General
- Entire agreement. These Terms (plus any order form and our Privacy Policy) are the entire agreement between you and us.
- Severability. If any provision is unenforceable, the rest remains in effect.
- Assignment. You may not assign these Terms without our consent; we may assign as part of a merger, sale, or reorganization.
- Force majeure. We are not liable for failures due to events beyond our reasonable control.
- Contact. Mural & Pixel Graphics LLC dba PetHeroesAI • contact@petheroesai.com
California-Specific Disclosures
- Auto-renewal disclosure. Subscriptions renew automatically until you cancel. You can cancel any time in your account. We will send a receipt and show renewal terms clearly at checkout.
- Refunds. Except where required by law, purchases are final; we restore credits for failed jobs.
- Do Not Sell/Share. See our Privacy Policy for California opt-out rights related to targeted advertising cookies.
- Pricing changes. We provide notice before subscription price changes take effect on your next billing cycle.
- Contact for consumer rights: contact@petheroesai.com