Terms of service

Terms of Service: Custom Talking Pet AI Video Production

Effective Date:

These Terms of Service ("Terms") govern the relationship between Pup Culture Dog-U-Mentaries LLC ("we," "us," or "our") and the customer ("you" or "the Client") regarding the creation of custom AI-generated pet videos, greeting cards, and documentaries (the "Services").

By purchasing our Services, you agree to be bound by these Terms.

1. Description of Services

We provide creative video production services utilizing artificial intelligence (AI) technologies and traditional visual effect techniques to animate, voice, or otherwise enhance images and videos of pets provided by the Client. The final product is a digital video file ("the Media").

2. Client Responsibilities & Asset Ownership

Source Content: You represent and warrant that you are the legal owner of the pet featured in the provided assets (photos/videos) or have express permission from the owner to use their likeness.

Copyright Warranty: You warrant that you own the copyright or have a valid license for all images, music, or text you provide to us. You agree to indemnify Pup Culture Dog-U-Mentaries LLC against any third-party claims of copyright infringement related to assets you provided.

3. Intellectual Property Rights

The Media: Upon full payment, we grant you a non-exclusive, perpetual, worldwide license to use the Media for personal, non-commercial purposes (e.g., social media sharing, personal websites, family viewing).

Commercial Use: Unless a "Commercial License" is purchased separately, you may not resell the Media, use it for paid advertising, or use it for any revenue-generating activities.

Ownership: Pup Culture Dog-U-Mentaries LLC retains ownership of the underlying AI prompts, custom-trained models, and project files used to create the Media.

4. AI Limitations & Creative Nature

Expectation of Variance: You acknowledge that AI generation is an inherently unpredictable process. While we strive for high-quality likenesses, the Media may contain "hallucinations" or artifacts (e.g., slight anatomical inconsistencies or stylistic variations).

Artistic Discretion: Creative decisions regarding voiceovers, animation style, and narrative flow are at our sole professional discretion unless explicitly detailed in your order.

5. Payment, Revisions & Refunds

Payment Models:

Standard Items: Full payment is required upfront for greeting cards and fixed-price packages.

Custom Projects: A 50% non-refundable deposit is required to begin production, with the remaining 50% due upon approval of a watermarked preview.

Refund Policy: Due to the custom, labor-intensive nature of AI video production, all sales are final once production has commenced.

Revisions: Each package includes 1 round of minor revisions. Major changes to the original brief or requests for new source assets will incur additional fees.

6. Portfolio & Marketing Rights

Unless you explicitly opt out in writing at the time of purchase, you grant Pup Culture Dog-U-Mentaries LLC a royalty-free license to use snippets or the full version of the completed Media in our professional portfolio, social media, and marketing materials to showcase our services.

7. Data Privacy & Retention

Storage: We will retain your source assets for the duration of the project. Once the final Media is delivered, we reserve the right to delete source assets from our servers after 30 days.

Privacy: We will not sell your pet’s data or your contact information to third parties.

8. Prohibited Content

We reserve the right to refuse service for any request that:

Involves human deepfakes without express consent.

Depicts animal cruelty, gore, or offensive/hateful themes.

Violates the Terms of Service of our third-party AI tool providers (e.g., Runway, Kling, HeyGen).

9. Limitation of Liability

Pup Culture Dog-U-Mentaries LLC shall not be liable for any indirect, incidental, or consequential damages arising from the use or inability to use the Media. Our total liability is limited to the amount paid for the specific Service in question.

10. Governing Law

These Terms are governed by the laws of the State of Texas.

Contact Information:

For questions regarding these Terms, please contact:

pupculture.dogumentaries@gmail.com

www.dog-u-mentaries.com

11. General

1. 1)Independent Contractor Relationship. The relationship between the parties is that of independent contractors. Neither party will have authority to contract for or bind the other party in any manner whatsoever.
2. 2)Entire Agreement. This Agreement constitutes the entire agreement and understanding between the parties with respect to the subject matter herein and supersedes all prior written and oral agreements, discussions, or representations between the parties. In the event of any conflict between the Statement of Work and these Terms, the Statement of Work will control.
3. 3)Assignment and Subcontracting. This Agreement is binding upon and inures to the benefit of the parties and their respective successors and permitted assigns. Neither party may assign this Agreement, without the prior written consent of the other party; not to be unreasonably withheld. Any such attempted assignment, delegation or transfer in violation of this Section will be null and void. There are no intended third-party beneficiaries to this Agreement. Provider may subcontract any of its obligations under this Agreement; provided that Provider will remain liable for its obligations and all acts or omissions of its subcontractors.
4. 4)Force Majeure. Except for the payment of fees, neither party will be liable for failure or delay in performance to the extent caused by circumstances beyond its reasonable control.
5. 5)Governing Law; Consent to Personal Jurisdiction. This Agreement will be governed by the laws of the state or province (as applicable) of the principal place of business of Provider without regard to the conflicts of law provisions of any jurisdiction. To the extent that any lawsuit is permitted under this Agreement, the parties hereby expressly consent to the personal and exclusive jurisdiction and venue of the state and federal courts or other applicable courts located within the state or province (as applicable) of the principal place of business of Provider.
6. 6)Severability. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
7. 7)Modification, Waiver. No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, will be effective unless in a writing signed by the parties. Waiver by either party of a breach of any provision of this Agreement will not operate as a waiver of any other or subsequent breach.
8. 8)Notices. All notices, requests, consents, claims, demands, waivers, and other communications hereunder will be in writing and will be deemed to have been given (a) when delivered by hand (with written confirmation of receipt); (b) when received by the addressee if sent by a nationally recognized overnight courier (receipt requested); (c) on the date sent by email if sent during normal business hours, and on the next business day if sent after normal business hours; or (d) on the third day after the date mailed, by certified or registered mail, return receipt requested, postage prepaid. Such communications must be sent to the respective party at the addresses indicated on the Statement of Work (or at such other address for a party as will be specified in a notice given in accordance with this Section).
9. 9)Client Materials. Any materials provided by Client to Provider (“Client Materials”) are to be used by Provider solely to perform the Services. Client represents and warrants that (i) Client has all requisite ownership, rights, and licenses to Client Materials; and (ii) Client Materials, and Provider’s use thereof, will not infringe any intellectual property or other proprietary rights of any third party.
10. 10)Deliverables. Unless otherwise expressly set forth in the Statement of Work, all works of authorship and other materials or technology (i) created in the course of performing the Services; or (ii) that form all or part of a deliverable provided as part of the Services (excluding any Client Materials) (collectively, “Deliverables”) will be the sole property of Provider including all intellectual property rights therein. Provider may fully exploit any Deliverables for its own business purposes. Subject to final payment by Client of all amounts owed to Provider under the Statement of Work, Provider hereby grants to Client a nonexclusive, royalty-free, perpetual, irrevocable, worldwide, non-sublicensable, non-transferable, license to use, reproduce, manufacture, modify, distribute, import, and otherwise exploit any Deliverables provided to Client by Provider.
11. 11)Term. This Agreement commences and expires on the dates specified in the Statement of Work. If the Statement of Work does not specify the start or end date, this Agreement will commence upon the Effective Date and continues until the completion of the Service specified in the Statement of Work, unless earlier terminated as provided herein (the “Term”).
12. 12)Termination. Either party may terminate this Agreement upon written notice to the other party if the other party materially breaches this Agreement, and such breach is incapable of cure, or with respect to a material breach capable of cure, the breaching party does not cure such breach within thirty (30) days after receipt of written notice of such breach.
13. 13)Effects of Termination. Upon the effective date of termination of this Agreement for any reason, all rights and duties of the parties toward each other will expire, except: (i) Client will pay Provider all amounts owed but not paid for Services rendered through the effective date of expiration or termination; and (ii) Sections titled “Confidentiality,” “Ownership,” “Release,” “Indemnification,” and “Limitation of Liability” will survive.