Terms of Service

Whimsical.Pet is an AI-powered creative platform that transforms your pet photos into custom digital portrait artwork (“portraits”). We also offer optional physical print products fulfilled through a third-party print-on-demand partner. The Service includes account creation, photo upload, AI portrait generation, digital download delivery, and optional print ordering.

You must be at least 18 years of age to use this Service. By using the Service, you represent and warrant that you are 18 years of age or older. The Service is not directed at, and we do not knowingly permit use by, persons under 18.

You may create only one account per person. Creating multiple accounts to circumvent purchase limits, receive duplicate promotions, or for any other reason is prohibited and may result in termination of all associated accounts.

You must provide accurate, current, and complete information during registration. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify us immediately at support@whimsical.pet if you suspect unauthorized access.

We reserve the right to suspend or terminate accounts that violate these Terms or are used for fraudulent activity.

Your photos: You retain full ownership and intellectual property rights to any original photos you upload to Whimsical.Pet.

License you grant us: By uploading a photo, you grant Whimsical.Pet a non-exclusive, royalty-free, worldwide license to store, process, and display your uploaded photos solely for the purpose of generating your portrait and making it available through your gallery. This license terminates when you delete your account or request deletion of the photo.

Your representations: By uploading a photo, you represent and warrant that:

• You own or have the right to use the photo.
• The photo does not depict any person in a manner that violates their privacy or rights.
• The photo does not contain illegal content of any kind.

Our rights: AI-generated portrait artwork produced by the Whimsical.Pet platform is owned by Whimsical.Pet. We retain all intellectual property rights in the stylistic output, AI models, and generation methodology.

Your license: Upon purchase, we grant you a non-exclusive, non-transferable, personal use license to:

• Download, print, display, and share your portrait for personal, non-commercial purposes.
• Use your portrait as personal social media imagery, home decoration, or gifts.

Restrictions: You may not:

• Sell, sublicense, or commercially exploit the portrait artwork without prior written consent from Whimsical.Pet.
• Use portraits to train competing AI models.
• Remove or alter any watermarks applied to preview images.

All prices are displayed in USD at checkout. We reserve the right to change pricing at any time. Prices displayed at the time of your completed purchase are final for that transaction.

Payment is processed by a third-party payment processor. We do not store your full payment card details.

• Price: $25 per portrait (or as displayed at checkout).
• Delivery: Digital portrait files are delivered instantly upon payment confirmation via download link to your account gallery.
• Refund policy: All sales of digital downloads are final and non-refundable. Digital portraits are custom-generated to your specifications and delivered instantly — they cannot be “returned.” This applies under both US commercial practice and EU Consumer Rights Directive Article 16(c) (custom/personalised goods). If you experience a technical failure that prevents download access, contact us at support@whimsical.pet and we will restore access.

Physical print products are fulfilled by a third-party print-on-demand partner. By ordering a physical print:

• You authorize us to share your portrait file and shipping address with our fulfillment partner.
• Shipping times vary by destination and are estimates only.
• Production times are typically 2–7 business days, and shipping adds additional time depending on your location.

Custom products — no general right of return: All physical products are custom-made to your specifications and are therefore exempt from standard return and cooling-off policies (including EU Consumer Rights Directive Article 16(c)). We do not offer refunds for change of mind, buyer's remorse, incorrect shipping addresses provided by the customer, or carrier delays.

Damaged or defective items: If your print arrives physically damaged, defective in print quality, or significantly different from the digital preview shown at checkout, contact us at support@whimsical.pet within 14 days of delivery with photo evidence. Our first remedy will be a free replacement reprint. Refunds are issued only at our sole discretion in exceptional circumstances where a replacement cannot resolve the issue.

You agree not to use the Service to:

• Upload photos that contain illegal content, including but not limited to child sexual abuse material (CSAM). Such uploads will be reported to appropriate authorities.
• Upload photos of people without their consent in a manner that violates their rights or privacy.
• Generate portraits intended to defame, harass, or harm any individual or group.
• Attempt to reverse-engineer, extract, or copy our AI models or generation systems.
• Use automated tools to scrape, bulk-generate, or abuse the platform in ways that exceed normal personal use.
• Violate any applicable local, state, national, or international law.

We reserve the right to remove content and terminate accounts that violate these prohibitions without notice or refund.

All elements of the Whimsical.Pet platform — including the website design, software, trademarks, brand name, and AI generation system — are owned by Whimsical.Pet and protected by applicable intellectual property laws. Nothing in these Terms grants you any right to use our trademarks or platform IP beyond what is expressly stated.

The Service is provided “as is” and “as available” without warranties of any kind, either express or implied. To the fullest extent permitted by law, Whimsical.Pet disclaims all implied warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that:

• The Service will be uninterrupted, error-free, or free of viruses.
• AI-generated portraits will meet your artistic expectations (portrait generation is inherently a creative and probabilistic process).
• Physical print colors will exactly match your screen display (monitor calibration and printing processes vary).

To the maximum extent permitted by applicable law, in no event shall Whimsical.Pet, its owners, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or goodwill, arising from your use of the Service.

Our total liability to you for any claim arising from these Terms or your use of the Service shall not exceed the greater of (a) the amount you paid to Whimsical.Pet in the twelve months preceding the claim, or (b) fifty dollars ($50).

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability, so some of the above may not apply to you.

You agree to indemnify, defend, and hold harmless Whimsical.Pet and its owners, employees, and agents from and against any claims, liabilities, damages, losses, or expenses (including reasonable attorneys' fees) arising out of or in connection with: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any third-party rights; or (d) any content you upload or transmit through the Service.

These Terms are governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.

Any dispute arising from these Terms or your use of the Service shall be resolved by binding arbitration in California in accordance with the American Arbitration Association (AAA) rules, except that either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent or stop infringement of intellectual property rights.

You waive any right to participate in a class action lawsuit or class-wide arbitration.

We reserve the right to modify, suspend, or discontinue the Service or any part of it at any time with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

We reserve the right to update these Terms at any time. We will post the revised Terms on this page with a new “Last Updated” date. Your continued use of the Service after changes are posted constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Service.

For material changes, we will attempt to provide notice via email to registered users at least 7 days before the change takes effect.

We may suspend or terminate your account and access to the Service at any time, for any reason, including violation of these Terms, without notice or liability. Upon termination, your right to use the Service ceases immediately. Provisions that by their nature should survive termination (including ownership, disclaimer of warranties, limitation of liability, and governing law) shall survive.

Whimsical.Pet
Email: support@whimsical.pet
Location: California, United States