Terms of Service
These Terms of Service (“Terms”) govern your use of the Paint & Memories website (the “Site”) and any products or services provided through it.
Throughout the Site, the terms “we”, “us”, and “our” refer to Paint & Memories.
By accessing our Site or purchasing from us, you agree to be bound by these Terms, including any additional policies referenced here (such as our Privacy Policy).
If you do not agree to all of the Terms, you may not access the Site or use our services.
1. THE SERVICE
Paint & Memories provides custom pet artwork created using a combination of design tools, technology, and AI-assisted processes based on photos and information you upload.
By using our Service, you acknowledge that:
- The final artwork is a creative interpretation, not a photographic replica
- Results may vary depending on the quality of images provided
- Minor artistic variations are part of the process
2. ELIGIBILITY & ONLINE STORE TERMS
By agreeing to these Terms, you confirm that:
- You are at least the age of majority in your place of residence, or
- You have consent from a parent or legal guardian
You may not use our Site or products for any unlawful or unauthorised purpose, including violating intellectual property laws.
Any breach of these Terms may result in immediate termination of access to our Service.
3. ACCURACY OF INFORMATION
We aim to ensure all information on the Site is accurate and current, however:
- Content is provided for general information only
- We do not guarantee completeness or accuracy at all times
- Information may change without notice
You acknowledge that reliance on Site content is at your own risk.
4. PRICING & SERVICE CHANGES
Prices are subject to change without notice.
We reserve the right to:
- Modify or discontinue any part of the Service
- Update pricing, features, or offerings
We are not liable for any modification, suspension, or discontinuation of the Service.
5. PRODUCTS & ARTWORK
All artwork purchased through Paint & Memories is for personal use only.
You may not resell, license, or commercially exploit the artwork. You may not use the artwork for business branding, merchandise, marketing, or resale. You may not alter or redistribute the artwork for commercial gain.
We reserve the right to refuse or cancel orders at our discretion.
Copyright & Usage
All artwork created by Paint & Memories is protected by copyright.
When you purchase artwork from Paint & Memories, you are granted a non-exclusive, non-transferable licence to use the final artwork for personal, non-commercial purposes only.
This means you may:
- Display the artwork in your home
- Share the artwork on personal social media accounts (with credit appreciated but not required)
- Print copies for personal use
This licence does not allow you to:
- Sell, resell, or redistribute the artwork
- Use the artwork for commercial purposes, including advertising, branding, merchandise, or resale
- License the artwork to third parties
- Modify the artwork for commercial gain
Paint & Memories retains all rights, title, and interest in the artwork, including the underlying style, process, and intellectual property used to create it.
Any commercial use requires prior written permission from Paint & Memories and may be subject to an additional licensing fee.
If you have questions about permitted use or would like to request a commercial licence, please contact us at hello@paintandmemories.com
6. UPLOADED CONTENT & IMAGE RIGHTS
By uploading photos or content to the Site, you confirm that you own the rights to the images, or that you have permission to upload them.
You grant Paint & Memories a limited licence to use your images to create your artwork and to store files for order fulfilment, customer support, and reorders.
We will not sell your images or use them to train third-party AI models without your consent.
If you submit photos through reviews, testimonials, or feedback requests, you grant us permission to use those images for marketing and promotional purposes unless you explicitly request otherwise.
7. BILLING & ACCOUNT INFORMATION
We reserve the right to refuse or cancel orders and to limit quantities per customer or order. We may cancel orders suspected of fraud or misuse.
You agree to provide accurate and up-to-date billing and contact information.
8. THIRD-PARTY TOOLS & LINKS
We may provide access to third-party tools or links that we do not control. These are provided “as is” and “as available”.
We are not responsible for their content, accuracy, or any issues arising from their use. Use of third-party tools is at your own risk.
9. USER FEEDBACK & SUBMISSIONS
If you send us feedback, ideas, reviews, or suggestions, you agree that we may use them without obligation or compensation and we are not required to keep them confidential.
We may, but have no obligation to, monitor, edit, or remove content we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, obscene, or otherwise objectionable, or that violates any party’s intellectual property or these Terms.
10. PERSONAL INFORMATION
Your submission of personal information through the Site is governed by our Privacy Policy.
11. ERRORS & OMISSIONS
Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice.
We undertake no obligation to update, amend, or clarify information except as required by law.
12. PROHIBITED USES
You are prohibited from using the Site or its content for any unlawful purpose; to violate any laws or regulations; to infringe upon or violate our intellectual property rights or the intellectual property rights of others; to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate; to submit false or misleading information; to upload or transmit viruses or any malicious code; to collect or track the personal information of others; to spam, phish, pretext, spider, crawl, or scrape; or to interfere with or circumvent the security features of the Service or any related website.
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
13. DISCLAIMER & LIMITATION OF LIABILITY
We do not guarantee that your use of our Service will be uninterrupted, timely, secure, or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products delivered to you through the Service are provided “as is” and “as available”, without any representations, warranties, or conditions of any kind, either express or implied, including implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement, except as expressly stated by us.
To the fullest extent permitted by law, Paint & Memories (including our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, and licensors) will not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content posted, transmitted, or otherwise made available via the Service, even if advised of the possibility.
Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions our liability shall be limited to the maximum extent permitted by law.
14. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Paint & Memories and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms or your violation of any law or the rights of a third party.
15. SEVERABILITY
If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms. This does not affect the validity and enforceability of any other remaining provisions.
16. TERMINATION
These Terms are effective unless and until terminated by either you or us.
You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or by ceasing to use the Site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination, and/or we may deny you access to our Services (or any part thereof).
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
17. ENTIRE AGREEMENT
These Terms, together with any policies or operating rules posted by us on the Site, constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written.
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
18. GOVERNING LAW
These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New Zealand.
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check the Site periodically for changes.
Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.
20. CONTACT INFORMATION
Questions about these Terms should be sent to us at hello@paintandmemories.com