Terms and Conditions of Use

1. Definitions

• 1.1. Platform: Petpooja Studio either in form of website or in form of application.
• 1.2. Content or Image(s): All visual, photographic, illustrative, graphic, or similar image-based files made available for download on the Platform.
• 1.3. Material: Your own work—whether digital or physical—into which a downloaded Image is embedded or integrated As-Is, for the purpose of commercial marketing, displaying, branding, promotion for your business. Material may include menus, banners, brochures, posters, visiting cards, image display on aggregator delivery platforms, posts on your social media etc.
• 1.4. As-Is/As-Is Use: Usage of the Image in its original, unmodified form, except for non-substantive adjustments (e.g., cropping, scaling, background removal, or basic filters done using Services) necessary for layout purposes, without altering the Image’s context or source.
• 1.5. Credits: The internal unit of value used on the Platform to download Images. Each download deducts credits from your balance based on the Image type.
• 1.6. Services: Any service or tools including but not limited to cropping, scaling, background removal, or basic filters of Images, generating of Images via AI etc., provided by Us on the Platform.

2. Account and Access

• 2.1. Eligibility: You must be at least 18 years old and have the legal capacity to enter into this agreement under applicable laws.
• 2.2. Registration: To access the Platform, you must create an account using accurate, current, and complete information.
• 2.3. Account Security: You are liable for all activity under your account. Notify us immediately if you detect any unauthorized access or breach. It is your sole responsibility to ensure that any of your representatives or any individual accessing or using our Services through your account is made fully aware of, and complies with, these Terms. You shall be liable for any actions or omissions of such individuals as if they were your own.
• You further agree to indemnify and hold us harmless from any losses, damages, claims, or liabilities incurred by us arising out of or in connection with any act or omission of such individuals. We shall not have any liability or obligation whatsoever towards such individuals, whether arising from contract, tort, or otherwise.

3. Subscription, Credits, and Payment Terms

• 3.1. Plans and Pricing: Access to downloadable Images is granted under various subscription plans. Each plan offers a fixed number of Credits. You can review these plans on [insert platform URL] and avail Services accordingly.
• 3.2. Billing and Renewal: You shall be billed in advance for the plan you have subscribed to. Once the tenure of the plan is completed, you will not be able to use any unused Credits. All the Services shall be immediately terminated/suspended once the tenure of the subscribed plan is completed. In case all the Credits are used before completion of tenure of the subscription plan, no extra Credit shall be issued to You. In such case you may renew the same plan or subscribe to a different Plan, according to your usage and business need.
• 3.3. Refunds and Chargebacks:
  • All subscription fees paid are strictly non-refundable.
  • Even if you terminate your subscription early or do not use all Credits, no refunds will be issued, as access to the platform and its licensed content was provided. No refunds are issued for unused Credits.
  • No pro-rata refunds are available.
  • Refunds are only provided in the event of:
    • Duplicate payments or billing errors caused by us.
    • As required by applicable Indian law.
• 3.4. Upgrade/Downgrade: You may change your plan anytime. Upgrades are effective immediately; downgrades take effect from the next billing cycle.
• 3.5. Credits: Definition and Use
  • Credits are deducted for each Image downloaded based on its type and as mentioned on the Platform.
  • Credits are valid only during your active subscription period and will not carry forward after plan expiry. Unused credits expire at the end of your subscription.
  • Free or promotional Credits may be offered to you, at the sole discretion of Petpooja. Such free or promotional Credits may be revoked at any time, without any reason at the sole discretion of Petpooja. In case of such revocation by Petpooja, you shall not be entitled to any refunds, benefits and other compensation.
  • Misuse or abuse of Credits (e.g., bots, fraudulent activity) may result in revocation and account termination on immediate basis.
  • Petpooja reserves right to terminate/suspend its Services immediately at any time, without issuing any refunds or other benefits, if in case:
    • You didn’t comply with the terms of License Grant.
    • If Petpooja has sufficient reason to believe that you have misused the Services, tried to defraud Petpooja, breach any terms of this Agreement.

4. License and Usage Rights

• 4.1. License Grant: During an active subscription, you are granted a limited, non-exclusive, non-transferable, revocable license to:
  • Download and use Images As-Is.
  • Incorporate them into your own Material for commercial purposes only.
• 4.2. License Duration: Usage is permitted during the subscription term. Materials created during the active term may continue to be used post-subscription.
• 4.3. Territorial Scope: This license is valid globally, subject to Indian law.
• 4.4. No Competing Use: You shall not use the Content in a manner that competes with or substitutes the Platform, including bulk export or reproduction of Content/Image for distribution. You shall not share, distribute, sublicense, or make available any Image in its standalone form, whether digitally or physically. Images may only be shared or published when they are incorporated As-Is into your own Material, in accordance with the license granted under these Terms. Any attempt to distribute the Image separately from your Material constitutes a violation of these Terms and may result in immediate suspension or termination of your account. Further, Petpooja reserves right to take appropriate legal remedy and claim damages for breach of any conditions of these Terms.
• 4.5 Copyright: All the intellectual property rights associated with Images are vested with Petpooja. Petpooja is the sole and exclusive owner of the Images. By virtue of this agreement, you are granted only a limited, non-exclusive right to use the Images on an As-Is basis, strictly in accordance with the terms set forth herein. Furthermore, you hereby acknowledge and agree that Petpooja reserves the right to require you, at any time during or after the term of your subscription plan, to cease using any Image incorporated in your Materials. Even after your subscription is terminated, you remain bound by the obligations set out in this section. You agree not to use or continue using any Image in a manner inconsistent with the Petpooja's request, intellectual property rights, or these Terms. Failure to comply with a revocation notice or unauthorized use of Images shall constitute a material breach of this agreement. Petpooja reserves right to pursue any available legal remedy, including inj unctive relief, takedown notices, and claims for damages or costs. This indemnity obligation will survive the termination or expiration of these Terms and your use of the Services.

5. Prohibited Uses

5.1. Prohibited Uses of Image are including but not limiting to:

• Redistributing, reselling, sublicensing, or making the Images available for download by others.
• Using Images in apps, templates, or file-sharing platforms.
• Using for personal or editorial purposes.
• Using in defamatory, obscene, or unlawful content.
• Using in AI training, deep learning, or generative models.
• Circumventing the Platform’s intended usage or access protocols.

6. As-Is Image Use Requirement

• 6.1. No Modification: You must use the Image As-Is, you shall not make any modification without written prior permission of the Petpooja.
• 6.2. Attribution: No attribution to Petpooja Studio/Petpooja is required unless specifically mentioned in the respective Image.
• 6.3. No Derivative Works: Creating new works based on the Image is prohibited. The Image must remain a background or secondary component in your Material.
• 6.4. Intellectual Property Reservation: All modifications or enhancements you make using the Image remain the property of Petpooja unless you have created a distinct Material in compliance with these Terms.

7. Intellectual Property Rights

• 7.1. Ownership: All Images, contents of the Platform, source codes, algorithms, know-hows, pricing, Services etc. (Petpooja’s IP), shall remain the sole and exclusive property of Petpooja, including but not limited to copyrights, trademarks, service marks, trade dress, look and feel, and other proprietary rights. You shall not, directly or indirectly, modify, reverse engineer, decompile, disassemble, translate, attempt to derive the source code of, or create derivative works based on any of Petpooja’s IP unless contrary is mentioned in these Terms. Any such activity shall constitute a material breach of these Terms and may result in immediate termination of your access to the Petpooja Studio, along with legal action, including injunctive relief and claims for damages.
• 7.2. No Transfer: These Terms do not transfer any intellectual property rights to you. You are granted limited rights to use Services solely for permitted use as defined herein.
• 7.3. Infringement Notification: If you believe any Image or Content on the Platform infringes your rights, you may notify us via email at [insert email].
• 7.4. Misuse of Content: Any use of Content that exceeds the scope of these Terms will result in immediate termination of your account and potential legal action, including but not limited to seeking injunctions, damages, and costs.
• 7.5. Reservation of Rights: All rights not expressly granted to you under these Terms are reserved by Petpooja.

8. Termination

• 8.1. Termination by User: You may cancel your subscription at any time.
• 8.2. Termination by Us: We may terminate or suspend your account immediately, without any liability to issue refund, in case you:
  • Breach of these Terms
  • Non-payment or fraudulent activity
  • Misuse of the Platform or its Content
  • Incapacity of Petpooja to render such Services
• 8.3. Post-Termination Rights: You may retain Materials created during the valid subscription but may not download new Images.

9. Disclaimers

• Platform access may be interrupted for maintenance or Force Majeure events. Force Majeure includes but not limits to war, internet shutdown, act of god, cyber attack or any other event which is not in control of Petpooja.
• All Content and Services are provided As-Is basis without warranties.
• We do not guarantee that your use of Images will not infringe third-party rights.

10. Limitation of Liability and Indemnity

To the fullest extent permitted by applicable law, we shall not be liable for any indirect, incidental, special, consequential, or exemplary damages, including but not limited to loss of profits, data, goodwill, or other intangible losses, arising out of or in connection with your use of the Platform or any Image. In any event, our total aggregate liability, whether in contract, tort (including negligence and third party intellectual property right infringement), or otherwise, shall not exceed the monetary value equivalent to the aggregate number of Credits actually used by you in the immediately preceding calendar month. By accepting these Terms, you agree to indemnify and hold harmless Petpooja from and against any and all losses, damages, liabilities, claims, costs, or expenses incurred by or asserted against Petpooja, arising out of or in connection with any act or omission on your part. This clause will survive the termination or expiration of these Terms and your use of the Services.

11. Privacy and Cookies

We care for your privacy and we use utmost efforts to protect your data. To know how we collect, store, process, use your data you may see our Privacy Policy and Cookie Policy.

12. Feed Backs and Reviews

We value your feedback and continuously strive to improve Our services based on your inputs. By using Our services, you hereby provide your consent for us to display your feedback and testimonials for promotional and advertising purposes. Furthermore, you grant us a non-exclusive, royalty-free, worldwide right and license to use, reproduce, and display your logo and/or trademark solely for the purpose of marketing, promotion, and advertising of our services. Such usage shall be in a manner that does not adversely affect your brand reputation or goodwill. Further, you give your consent to Us for using your feedback and testimonials to improve our Services and train our AI.

13. Third-Party Content and Services

You hereby consent to Our display of advertisements and promotional content, including those provided by third parties, within the Platform. We shall not be held liable for the content, accuracy, or legality of any such third-party advertisements. From time to time, we may offer you access to integrations or services provided by third parties through the Platform. By choosing to use such services, you agree to comply with the applicable terms and conditions of those third parties. Petpooja shall not be liable for any loss, damage, or claim arising out of or related to your use of such third-party services. Furthermore, you agree to indemnify and hold harmless Petpooja from and against any claims, liabilities, damages, or expenses (including legal fees) that may be brought or incurred by any third party as a result of your use of such third-party services via the Platform.

14. Governing Law and Jurisdiction

These Terms are governed by the Laws of India and competent courts of Ahmedabad, Gujarat shall have exclusive jurisdiction over any dispute arising out of these Terms. This indemnity obligation will survive the termination or expiration of these Terms and your use of the Services.

15. Changes to Terms

We may modify these Terms at any time and hence, we suggest you to review Terms from time to time. Continued use of the Platform after such changes constitutes your acceptance to such changed and modified terms.

16. Contact Us

In case of any questions, queries, grievances or concerns regarding these Terms, Petpooja Studio or Services, you may contact us on [insert contact details].

17. Entire Agreement

These Terms constitute the entire agreement between you and Petpooja with respect to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether oral or written.

18. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

19. No Waiver

The failure of Petpooja to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

20. Assignment

You may not assign or transfer your rights or obligations under these Terms without prior written consent from Petpooja. Petpooja may freely assign its rights and obligations without restriction.

21. Notices

All notices or other communications required or permitted under these Terms shall be in writing and sent to the designated contact details of Petpooja as provided in these Terms. Further, any notice to you shall be deemed duly delivered by Petpooja if sent to your registered email address. It shall be presumed that you have received and read such notice within three (3) days of its date of transmission.