These Terms of Use ("Terms") constitute a legal agreement between you ("User," "you," or "your") and CatGen ("CatGen," "we," "us," or "our"), governing your access to and use of the CatGen website, application, and services (collectively, the "Service").

IMPORTANT: BY ACCESSING, DOWNLOADING, INSTALLING, OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST NOT ACCESS OR USE THE SERVICE.

1. License to Use the Service

Subject to your compliance with these Terms, CatGen grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your personal, non-commercial purposes, specifically for generating AI-powered pet portraits as intended by the Service's functionalities.

2. User Responsibilities and Conduct

You agree to use the Service only for lawful purposes and in accordance with these Terms. You are solely responsible for your conduct while using the Service and for any content you provide, including compliance with applicable laws and regulations.

You agree not to, and not to permit others to:

• Use the Service for any illegal or unauthorized purpose.
• Upload, create, or share any content that is unlawful, harmful, abusive, defamatory, obscene, infringing, harassing, or otherwise objectionable.
• Violate the intellectual property rights or other rights of third parties, including by uploading images to which you do not own the rights or have necessary permissions.
• Attempt to reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service.
• Interfere with or disrupt the integrity or performance of the Service or its servers.
• Misuse the Service in a way that causes excessive API costs or strains our infrastructure, as further detailed in Section 7.

We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators, and reporting you to law enforcement authorities.

3. User Content

You retain ownership of any original images and content you upload or submit to the Service ("User Content").

By uploading User Content, you grant CatGen a limited, non-exclusive, worldwide, royalty-free, sublicensable license to use, host, store, reproduce, modify (e.g., for the purpose of image processing and generation), adapt, publish (solely for providing the Service to you), perform, display, and distribute such User Content. This license is for the sole purpose of operating, providing, improving, and developing the Service.

You represent and warrant that you own all rights to your User Content or, alternatively, that you have the right to grant us the license described above, and that your User Content does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity.

4. Generated Content

The AI-generated pet portraits ("Generated Content") created through the Service are derivative works based on your User Content and the AI models used by the Service.

Subject to your compliance with these Terms, CatGen grants you a license to use the Generated Content for personal, non-commercial purposes. For any commercial use of Generated Content, you are responsible for ensuring you have all necessary rights and permissions, which may be subject to the terms of the underlying AI models and their licensors. CatGen does not claim ownership over the copyright of the final Generated Content that is unique to your creation, but retains rights to the underlying technology and Service.

5. CatGen Intellectual Property

Excluding your User Content and your rights in Generated Content as described herein, the Service and all materials therein or transferred thereby, including, without limitation, software, images (excluding User Content and Generated Content), text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and all intellectual property rights related thereto, are the exclusive property of CatGen and its licensors.

Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any CatGen intellectual property.

6. Modifications to the Service

CatGen reserves the right, at its sole discretion, to modify, suspend, or discontinue, temporarily or permanently, the Service (or any part, feature, or content thereof) at any time with or without notice. You agree that CatGen shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service. We have no obligation to provide support, updates, or enhancements for the Service.

7. Third-Party APIs and Service Costs

The Service utilizes third-party APIs (e.g., Replicate API) for image generation, which incur operational costs. We implement measures to manage these costs, such as optimizing generation parameters and potentially rate-limiting or imposing usage restrictions.

You agree not to misuse the Service in any manner that results in excessive or abusive consumption of these third-party resources or intentionally inflates operational costs for CatGen. Such misuse may lead to suspension or termination of your access to the Service.

8. Privacy

Your privacy is important to us. Our collection and use of personal information in connection with your access to and use of the Service is described in our Privacy Policy, which is incorporated by reference into these Terms. Please review the Privacy Policy carefully.

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, CATGEN AND ITS AFFILIATES, LICENSORS, AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

CATGEN DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THAT ANY DEFECTS WILL BE CORRECTED; OR THAT THE RESULTS OF USING THE SERVICE (INCLUDING ANY GENERATED CONTENT) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. AI-GENERATED CONTENT CAN BE UNPREDICTABLE, AND WE DO NOT GUARANTEE SPECIFIC OUTCOMES, ACCURACY, OR QUALITY. YOU ACKNOWLEDGE THAT YOU USE THE SERVICE AT YOUR OWN RISK.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CATGEN, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY CONTENT OR SERVICES THEREIN, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CATGEN HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

CATGEN'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS SHALL NOT EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (USD $100.00) OR THE AMOUNT YOU HAVE PAID CATGEN, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICE GIVING RISE TO THE CLAIM.

11. Indemnification

You agree to defend, indemnify, and hold harmless CatGen, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service, including, but not limited to, your User Content, any use of the Service's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Service.

12. Termination

These Terms shall remain in effect until terminated by you or CatGen. We may, in our sole discretion, suspend or terminate your access to or use of the Service, at any time and for any reason or no reason, including if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms.

Upon termination, your right to use the Service will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. You may terminate these Terms by discontinuing your use of the Service and deleting your account, if applicable.

13. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect, which may include posting the updated Terms on the Service or notifying you through other communication channels. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Service.

14. Governing Law and Dispute Resolution

These Terms and your use of the Service shall be governed by and construed in accordance with the laws of [Your Jurisdiction/State, e.g., the State of California], without regard to its conflict of law principles.

Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in [Your City, Your Jurisdiction/State, e.g., San Francisco, California] before one arbitrator. The arbitration shall be administered by [Arbitration Association, e.g., JAMS] pursuant to its [Rules, e.g., Comprehensive Arbitration Rules and Procedures]. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

15. Severability

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

16. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by us on the Service, shall constitute the entire agreement between you and CatGen concerning the Service. It supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and CatGen with respect to the Service.

17. Contact Information

If you have any questions about these Terms, please contact us at:akfc58@gmail.com