Terms and conditions

1. Acceptance of Terms

These Terms of Service ("Agreement") govern your use of the Cartoonifier platform and services ("Services"). This explains what rights you have with respect to images and other assets which you might generate with the Service, or prompts you might enter into the Service (the “Assets”) By accessing and using the Services, you accept and agree to be bound by this Agreement. If you do not agree to these terms, please do not use the Services.

2. Registration and Account

To access certain features of Cartoonifier, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your password and any other credentials used to access your Cartoonifier account. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your account, whether or not you have authorized such activities or actions.

3. Use of the Service

Cartoonifier allows users to create and customize cartoons using artificial intelligence.

Free Users: Cartoons generated by free users are strictly for personal and non-commercial use.
Paid Users: Only users with a purchase history can use the generated cartoons for commercial purposes.

By using the Services, you agree not to:

Misuse or abuse our Services or any information included on the Cartoonifier platform.
Attempt to gain unauthorized access to our system or engage in any activity that interferes with the performance or security of our Services.
Replicate, duplicate, sell, or exploit any portion of the Services without express written permission from Cartoonifier, unless you're a premium user and the usage aligns with commercial use.
Post or transmit any form of malware, virus, or other malicious software.
Engage in any unlawful activity or solicit others to perform or participate in any unlawful acts.

4. Restrictions

The services provided by Cartoonifier are divided based on usage:

For Free Users: Cartoons can only be used for personal and non-commercial purposes. Unauthorized use of cartoons for commercial purposes will result in penalties or legal action.
For Premium Users: Cartoons can be used for both personal and commercial activities as per the terms of the premium subscription.
Unauthorized use of the Cartoonifier brand, logos, and other copyrighted content is prohibited regardless of the type of account. You agree not to modify, copy, distribute, or create derivative works based on the Cartoonifier Services, in whole or in part, without express written permission.

5. Intellectual Property Rights and Infringement Claims

We respect the intellectual property rights of others and are committed to helping protect your intellectual property rights. If you believe that your work has been copied in a way that constitutes copyright infringement on the Cartoonifier platform, please provide us with the following information:
Your physical or electronic signature, or a physical or electronic signature of a person authorized to act on your behalf;
Identification of the copyrighted work or trademark you claim has been infringed, or, if multiple copyrighted works or trademarks at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address);
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please send your claim of infringement to our designated contact (support@cartoonifier.com) with the subject line "Takedown request".

Upon receipt of a notice complying with the above, we will act swiftly to remove or disable access to the material claimed to be infringing and will follow up with the notifying party. Further, we may terminate user accounts of repeat infringers in accordance with our policies.
Please note, under Estonian and EU law, you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that material or activity is infringing your copyrights. Therefore, if you are unsure whether the material you are reporting is in fact infringing, you may wish to contact an attorney before filing a notification with us.

6. Dispute Resolution and Governing Law

Any disputes arising out of or relating to this Agreement will be governed by Estonian law and EU regulations. We encourage amicable resolution through negotiation; however, unresolved disputes will be subject to arbitration in Estonia in accordance with local laws.

7. Service Access and Rate Limiting

If You purchase an access plan to Cartoonifier, we strive to offer you seamless service. However, we reserve the right to rate limit You to ensure quality of service for all users and prevent server overloads.

8. Payment and Billing

We may invoice you for your access to Cartoonifier through a third-party payment service provider. The terms of service of that third-party payment provider will govern any payment disputes or issues, and will take precedence over this Agreement in the event of a conflict. You can cancel your subscription plan at any time. We also reserve the right to terminate or suspend your access to Cartoonifier for any reason, including if you violate our Community Guidelines or misuse the service. Any breach of the Community Guidelines will be considered a violation of this Agreement. Should your subscription be terminated, you will not receive a refund for the current billing period. However, no additional charges will be made once the current subscription period ends.

9. Community Guidelines

Respect and Kindness: Engage with other users and our staff in a respectful manner. Avoid using cartoons or prompts that can be seen as disrespectful, aggressive, or abusive. Harassment or violence will not be tolerated. Content Restrictions: Steer clear from creating or sharing cartoons that depict adult content, gore, or any visually shocking or disturbing imagery. We may automatically block certain inputs that violate this rule. Sharing Policy: Do not publicly repost or share the creations of others without obtaining their permission first. No Political Use: The use of Cartoonifier for political campaigns or attempts to influence the outcome of an election is prohibited. Mindful Sharing: While sharing your creations outside the Cartoonifier platform is permitted, always be mindful of the context and how others may perceive your content. Accountability: Breach of these guidelines can result in account suspension or a permanent ban from Cartoonifier. Our decision-making process may not always be democratic; abide by the rules to maintain your access. 10. Limitation of Liability and Indemnity Cartoonifier is provided on an "as is" basis. We do not make any explicit or implicit promises or guarantees regarding the service. You acknowledge and agree that Cartoonifier shall not be responsible or liable for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential, or exemplary damages arising out of your use of the service. You alone bear responsibility for your actions on Cartoonifier. If you harm another user or get involved in any disputes, Cartoonifier will not intervene or take sides. Infringing on someone's intellectual property rights can lead to consequences. If such actions lead to any financial or legal liabilities for Cartoonifier, you will be expected to bear the costs.

11. Miscellaneous

Force Majeure: Neither party will be responsible for delays or failures in performance resulting from acts beyond their control, such as natural disasters, acts of God, war, or terrorism. Relationship: This Agreement doesn't create any partnership, joint venture, or agency relationship between you and Cartoonifier. Severability: If any provision in this Agreement is deemed illegal or unenforceable, the rest of the Agreement remains valid. No Third-Party Beneficiaries: This Agreement is between you and Cartoonifier and doesn't grant rights to any third party, unless explicitly stated. Survival: Any obligations or terms that by their nature should continue beyond the termination of this Agreement will do so. Copyright Restrictions: Attempting to generate content that would result in copyright infringement is strictly prohibited. Users are solely responsible for ensuring that the content they create using Cartoonifier does not infringe upon any third-party rights.

12. Intellectual Property

All content and materials provided on Cartoonifier, including but not limited to the logo, design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement, are either copyrighted and owned by Andify OÜ., unauthorized use may violate copyright, trademark, and other laws.
You have permission to use the service and its content, but this does not mean you have rights to the underlying intellectual property. You may not reproduce, republish, distribute, assign, sublicense, sell, or modify any of the content. You may not use any of our trademarks, logos, domain names, and other distinctive brand features without our explicit consent.

You acknowledge that your uploaded images and prompts are your own, and you have the right to use them. You grant Cartoonifier a non-exclusive, royalty-free, worldwide, transferable, sub-licensable, and irrevocable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in connection with the Services.

You must not upload any content that you do not have the right to use, and you are solely responsible for any content you upload to Cartoonifier.
When creating an Cartoon of another person you must have their permission to do so. You are responsible for ensuring that your use of the Services does not infringe the intellectual property rights of any third party, in case of any infringement, you will be solely responsible for any damage or loss resulting from any infringement.

13. Data Protection and Privacy

By using Cartoonifier, you consent to the collection, storage, and processing of your personal data by us in accordance with our Privacy Policy. We prioritize your data's security and privacy and take necessary measures to protect it. However, the internet is not entirely secure, and we cannot guarantee the security of your data transmitted through our platform. Any transmission is at your own risk.

14. Termination

We reserve the right to terminate or suspend your access to Cartoonifier, without prior notice, for conduct that we believe violates this Agreement or is harmful to other users of Cartoonifier, us, or third parties, or for any other reason we deem necessary. Upon termination, your right to use Cartoonifier ceases immediately. All provisions of this Agreement which, by their nature, should survive termination, shall survive termination, including without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

15. Changes to This Agreement

We reserve the right, at our sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of Cartoonifier following the posting of any changes to this Agreement constitutes acceptance of those changes.

16. Feedback and Suggestions

If you send us any feedback or suggestions regarding Cartoonifier, you grant Cartoonifier an unlimited, irrevocable, perpetual, free license to use any such feedback or suggestions for any purpose without any obligation to you.

17. Contact

For any questions about these terms, please contact us at support@cartoonifier.com.