Terms of Service

Welcome to YTHEO ("YTHEO", "we", "us", "our"). These Terms of Service (the "Terms") form a legally binding agreement between you ("you", "your", "Customer") and YTHEO governing your access to and use of our website, services, and the physical products we produce and ship (collectively, the "Services").

By accessing the site, uploading a photo, placing an order, or otherwise using the Services, you agree to be bound by these Terms and our Privacy Policy,Cookie Policy,Shipping Policy, andReturns Policy, each of which is incorporated here by reference. If you do not agree, do not use the Services.

1. Eligibility

You must be at least 18 years old and legally able to enter into a binding contract to use the Services. By using the Services you represent that you meet these requirements and that any information you provide is accurate, current, and complete.

2. The Services

YTHEO lets you upload a photo of your pet, select a theme, and order a printed portrait featuring an artistic rendering generated from your photo. Orders are produced on demand and fulfilled by our print partners. We reserve the right to modify, suspend, or discontinue any part of the Services at any time, with or without notice, provided that any confirmed, paid order will be honored at the price and specifications confirmed at checkout.

3. Accounts and Guest Checkout

You may place orders as a guest. If we offer accounts in the future, you are responsible for keeping your credentials confidential and for all activity that occurs under your account. Notify us immediately atstudio@ytheo.com if you suspect unauthorized use.

4. Orders, Pricing, and Payment

Prices, sizes, finishes, and shipping estimates are shown at checkout and may change at any time for future orders; the price you see and confirm at the time you place your order is binding for that order. Applicable sales taxes and duties, if any, will be calculated and disclosed at checkout where required by law.

All payments are processed by our third-party payment processor (currently Stripe, Inc.). We do not store full payment card details on our servers. By submitting payment information you authorize us and our payment processor to charge the applicable amount to your chosen payment method.

We reserve the right to refuse or cancel any order at our discretion, including where we suspect fraud, unauthorized use, or a breach of these Terms. If we cancel an order that has already been charged, we will issue a full refund to the original payment method.

5. Your Content

"Your Content" means any photo, image, text, or other material you upload, submit, or provide to us in connection with the Services.

You keep ownership of Your Content. You grant YTHEO a non-exclusive, worldwide, royalty-free licence to host, store, copy, modify, adapt, and process Your Content solely for the purpose of providing the Services to you (including generating previews, producing the printed product, fulfilling your order, and providing customer support).

You represent and warrant that:

• You own Your Content or have obtained all necessary rights, licences, consents, and permissions to upload it and to grant the licence above.
• Your Content does not infringe or violate the intellectual-property rights, privacy rights, publicity rights, or other rights of any third party.
• Your Content does not contain material that is unlawful, obscene, defamatory, harassing, hateful, sexually explicit, or that depicts minors in any inappropriate context.
• If Your Content depicts a person other than yourself, or a pet belonging to someone other than yourself, you have obtained that person's permission.

We may refuse, remove, or decline to produce any content that violates these Terms or that we reasonably believe is unlawful or inappropriate, and may cancel the associated order with a full refund.

6. Prohibited Uses

You agree not to use the Services to:

• Violate any applicable law, regulation, or third-party right;
• Upload content featuring identifiable third parties without their consent;
• Upload content designed to harass, defame, or harm others;
• Upload images of minors without parental or guardian consent;
• Attempt to reverse-engineer, scrape, or extract our generative models, prompts, or other proprietary systems;
• Introduce malware, interfere with the Services, or circumvent security features;
• Resell or redistribute the Services without our prior written consent.

7. Generated Artwork

The portrait we produce is a new, custom artwork (the "Output") created by our generative tools using Your Content as a reference input. Because Output is inherently dependent on inputs and algorithmic processes, we cannot guarantee that any two pieces of Output will be identical, and the Output may differ from the previews shown before purchase in minor respects.

Subject to your full payment and compliance with these Terms, YTHEO grants you a worldwide, non-exclusive, royalty-free, perpetual licence to use the Output for personal, non-commercial purposes, including hanging it in your home, gifting it, and sharing photographs of it on social media. Commercial reproduction, resale, or redistribution of the Output is not permitted without our prior written consent.

You acknowledge that similar Output may be generated for other customers whose inputs or theme selections are similar, and that YTHEO retains the right to create and sell similar Output to other customers.

Unpurchased Output. If you generate Output but do not complete a purchase within 30 days, you grant YTHEO a perpetual, royalty-free, worldwide licence to use that Output (and only the generated Output, not your original uploaded photo) as an example in our marketing materials, community galleries, social media, and similar surfaces. We will not identify you by name or share any personally identifying information alongside it. Once you complete a purchase, the Output from that order is exclusively yours and is removed from any marketing use.

8. Intellectual Property

The Services, including the website, brand, logos, copy, templates, themes, photography, user interface, software, and generative models, are owned by YTHEO or its licensors and are protected by copyright, trademark, and other intellectual-property laws. Nothing in these Terms grants you any right in or to those materials except the limited right to use the Services as expressly described.

9. Production, Shipping, and Delivery

Production and shipping timelines are estimates, not guarantees, and may vary with carrier performance, peak periods, and events outside our reasonable control. Title and risk of loss pass to you upon our delivery of the portrait to the carrier. Full details are in ourShipping Policy.

10. Returns, Refunds, and Reprints

Each portrait is custom-made to your order, so we do not accept buyer's-remorse returns. We do offer refunds or reprints for quality defects, damage in transit, and order mistakes under the terms set out in our Returns Policy.

11. Disclaimer of Warranties

The Services and Output are provided "as is" and"as available". To the fullest extent permitted by law, YTHEO disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from a course of dealing. We do not warrant that the Services will be uninterrupted, error-free, or that the Output will match your expectations precisely.

Some jurisdictions do not allow the exclusion of certain implied warranties, so the exclusions above may not apply to you in full.

12. Limitation of Liability

To the fullest extent permitted by law, YTHEO and its affiliates, officers, employees, agents, and suppliers shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, goodwill, data, or other intangible losses, arising out of or related to the Services, the Output, or these Terms, whether based on contract, tort, negligence, strict liability, or any other legal theory.

Our total aggregate liability for any claim arising out of or relating to the Services or these Terms is limited to the amount you paid to us for the specific order giving rise to the claim in the 12 months preceding the event that gave rise to the liability.

13. Indemnification

You agree to defend, indemnify, and hold harmless YTHEO and its affiliates, officers, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Services;
• Your breach of these Terms;
• Your Content, including any claim that Your Content infringes or violates a third party's rights;
• Your violation of any law or regulation.

14. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-laws rules. Any dispute arising out of or relating to these Terms or the Services shall be resolved exclusively through binding arbitration administered by the American Arbitration Association in accordance with its Consumer Arbitration Rules, except that either party may bring an individual action in small-claims court.

Class-action waiver. You and YTHEO agree that any dispute will be brought in an individual capacity, not as a plaintiff or class member in any purported class or representative proceeding.

If arbitration is unavailable for any reason, the state and federal courts located in Delaware will have exclusive jurisdiction.

15. Termination

We may suspend or terminate your access to the Services at any time, with or without notice, if we reasonably believe you have violated these Terms. You may stop using the Services at any time. Sections that by their nature should survive termination (including Sections 5-8 and 11-16) will survive.

16. Changes to These Terms

We may update these Terms from time to time. The "Last updated" date at the top of this page shows when the most recent change was made. We will make reasonable efforts to notify you of material changes. Your continued use of the Services after an update constitutes acceptance of the updated Terms.

17. Miscellaneous

Entire agreement. These Terms, together with the policies referenced above, constitute the entire agreement between you and YTHEO regarding the Services and supersede any prior agreements.

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

Waiver. Our failure to enforce any provision is not a waiver of that provision.

Assignment. You may not assign your rights under these Terms without our prior written consent. We may assign our rights without notice.

Notices. We may send notices by email to the address you provided at checkout. You may send notices to us atstudio@ytheo.com.

Force majeure. Neither party will be liable for delays or failures in performance caused by events beyond its reasonable control, including natural disasters, acts of government, labor disputes, and carrier failures.

18. Contact

Questions about these Terms? Emailstudio@ytheo.com.