Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Pimpcasso LLC, a Delaware limited liability company ("Pimpcasso," "we," "us," or "our"), governing your access to and use of the Pimpcasso website, application, and AI-powered image analysis service (collectively, the "Service").

By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must not access or use the Service.

You must be at least 18 years old to use this Service. By using the Service, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into these Terms.

2. Description of Service

Pimpcasso is an AI-powered image analysis service that generates text prompts from uploaded images. The Service uses artificial intelligence, including third-party AI providers such as OpenAI, to analyze visual content and produce descriptive prompts suitable for use with AI image generation tools.

AI Output Disclaimer: The prompts generated by our Service are produced by artificial intelligence and may not be perfect, complete, or accurate. Different AI image generators may interpret prompts differently, and results will vary. We do not guarantee that generated prompts will produce any specific outcome when used with third-party tools.

3. User Accounts

• You must provide a valid email address to create an account.
• You are responsible for maintaining the confidentiality and security of your account credentials.
• You must not share your account credentials with others or allow others to access your account.
• You are responsible for all activities that occur under your account.
• You must notify us immediately at security@pimpcasso.com of any unauthorized access or use of your account.
• You may not transfer or assign your account to any third party without our prior written consent.

4. Acceptable Use Policy

You agree not to use the Service to:

• Upload, transmit, or process any content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable.
• Upload images containing child sexual abuse material (CSAM) or any content exploiting minors.
• Upload images you do not have the legal right to use, including images that infringe on third-party copyrights, trademarks, or other intellectual property rights.
• Upload images containing personal information of others without their consent.
• Attempt to circumvent usage limits, security measures, or access controls.
• Use the Service to generate content intended for illegal purposes, fraud, or harassment.
• Reverse engineer, decompile, disassemble, or attempt to extract source code or AI models from the Service.
• Resell, redistribute, sublicense, or commercially exploit the Service without our express written authorization.
• Use automated scripts, bots, or other means to access the Service in a manner that exceeds reasonable usage.
• Interfere with or disrupt the integrity or performance of the Service.

We reserve the right to investigate and take appropriate action, including suspending or terminating your account, for any violation of this Acceptable Use Policy.

5. Content and Intellectual Property

Your Content

• You retain all ownership rights in the images you upload to the Service ("Your Content").
• By uploading images, you grant Pimpcasso a limited, non-exclusive, worldwide, royalty-free license to process, analyze, store, and transmit Your Content solely for the purpose of providing the Service to you.
• This license includes the right to share Your Content with our third-party AI providers (such as OpenAI) for processing.
• This license terminates when you delete Your Content or your account, except as required for backup, archival, or legal purposes.

Generated Output

• Prompts and analysis results generated by the Service ("Output") are provided for your personal and commercial use without restriction, subject to these Terms.
• We do not claim ownership of the Output generated from Your Content.
• You acknowledge that similar or identical Output may be generated for other users who upload similar images.

Our Intellectual Property

The Service, including its design, features, functionality, AI models, algorithms, software, and documentation, is owned by Pimpcasso and protected by intellectual property laws. Nothing in these Terms grants you any right, title, or interest in our intellectual property except as expressly set forth herein.

6. Credits, Payments, and Refunds

Credits

• Free accounts receive 5 lifetime credits upon registration.
• Paid subscriptions provide a monthly allocation of credits as specified in your plan.
• Unused credits do not roll over between billing periods and expire at the end of each billing cycle.
• Credits have no cash value and are non-transferable.

Payments

• All payments are processed securely through Stripe. We do not store your payment card information.
• Subscription fees are billed in advance on a monthly recurring basis.
• You authorize us to charge your payment method for all fees associated with your subscription.
• Prices are subject to change with 30 days' advance notice. Changes will not affect your current billing period.

Refund Policy

• Within 7 days: If you are dissatisfied with your first paid subscription, you may request a full refund within 7 days of your initial purchase, provided you have used fewer than 10% of your monthly credits.
• Service issues: If the Service experiences significant downtime or technical issues preventing your use, we may provide prorated credits or refunds at our discretion.
• No refunds: We do not provide refunds for unused credits, partial months, or cancellations after the 7-day period.
• To request a refund, contact billing@pimpcasso.com with your account email and reason for the request.

Cancellation

You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of your current billing period. You will retain access to paid features until that date.

7. Copyright and DMCA Policy

We respect the intellectual property rights of others. If you believe that any content on the Service infringes your copyright, please submit a DMCA takedown notice to our designated copyright agent:

Your notice must include:

• A physical or electronic signature of the copyright owner or authorized agent.
• Identification of the copyrighted work claimed to be infringed.
• Identification of the material to be removed, with sufficient information to locate it.
• Your contact information (address, telephone, email).
• A statement that you have a good faith belief the use is not authorized.
• A statement, under penalty of perjury, that the information is accurate and you are authorized to act on behalf of the copyright owner.

We may terminate accounts of users who are repeat infringers.

8. Service Availability

We strive to maintain high availability but do not guarantee uninterrupted, error-free, or secure access to the Service. The Service is provided on an "as available" basis.

We may modify, suspend, or discontinue any part of the Service at any time. For material changes that negatively affect your use, we will provide at least 30 days' advance notice when practicable.

9. Disclaimer of Warranties

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, PIMPCASSO DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
• WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR QUALITY OF ANY AI-GENERATED OUTPUT.
• WARRANTIES THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.

You acknowledge that AI technology is evolving and may produce unexpected, inaccurate, or inappropriate results. You use the Service and rely on its Output at your own risk.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PIMPCASSO AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES.
• COST OF SUBSTITUTE SERVICES.
• DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE.
• DAMAGES ARISING FROM AI-GENERATED OUTPUT OR ITS USE WITH THIRD-PARTY TOOLS.

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

Some jurisdictions do not allow limitation of liability for certain damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

11. Indemnification

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

• Your use of the Service.
• Your Content or any content you upload to the Service.
• Your violation of these Terms.
• Your violation of any third-party rights, including intellectual property rights.
• Any claim that Your Content caused damage to a third party.

12. Termination

• We may suspend or terminate your account immediately for violations of these Terms, illegal activity, or conduct that we determine is harmful to other users or the Service.
• We may terminate your account with 30 days' notice for any other reason.
• You may cancel your account at any time through your account settings or by contacting support@pimpcasso.com.
• Upon termination, your right to access the Service ceases immediately.
• We may retain certain data as required by law or for legitimate business purposes.
• Sections 5, 9, 10, 11, 13, and 14 survive termination of these Terms.

13. Dispute Resolution and Arbitration

Informal Resolution

Before initiating any formal dispute resolution, you agree to contact us at legal@pimpcasso.com and attempt to resolve the dispute informally for at least 30 days.

Binding Arbitration

If we cannot resolve a dispute informally, you and Pimpcasso agree to resolve any dispute, claim, or controversy arising from these Terms or the Service through binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The arbitration will be conducted in English, in Delaware, USA, or remotely via video conference.

Class Action Waiver

YOU AND PIMPCASSO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

Exceptions

Either party may bring claims in small claims court if eligible. Either party may seek injunctive relief in any court of competent jurisdiction for intellectual property infringement or unauthorized access to the Service.

14. Governing Law

These Terms and any dispute arising from your use of the Service shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles.

For any disputes not subject to arbitration, you consent to the exclusive jurisdiction and venue of the state and federal courts located in Delaware.

15. Force Majeure

Pimpcasso shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to: acts of God, natural disasters, war, terrorism, riots, embargoes, acts of government, labor disputes, equipment failures, internet or telecommunications outages, cyberattacks, or failures of third-party service providers (including AI providers).

16. General Provisions

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Pimpcasso regarding the Service and supersede all prior agreements and understandings.

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.

Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.

Notices

We may provide notices to you via email to the address associated with your account, in-app notifications, or by posting on the Service. You agree that such notices are effective upon sending or posting.

17. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes by email or prominent notice on the Service at least 30 days before changes take effect. Your continued use of the Service after changes become effective constitutes acceptance of the revised Terms.

If you do not agree to the revised Terms, you must stop using the Service and may cancel your account.

18. Contact Information

For questions about these Terms, contact us at: