DRAWTOPIA TERMS OF SERVICE

To access certain features of Drawtopia, you may be required to create an account. When registering, you agree to provide true, accurate, current, and complete information. You are responsible for maintaining the confidentiality of your password and account credentials and are fully responsible for all activities that occur under your account.

• Notify us immediately of any unauthorized use of your account
• Ensure you fully log out of your account at the end of each session
• Set up your account in your own name or, if registering as a parent/guardian, in your own name with permission to manage a child's account

You agree to use Drawtopia only for lawful purposes and in accordance with these Terms. You must not:

1. Use Drawtopia to publish, post, distribute, or share any content that is hate speech, obscene, harassing, threatening, pornographic, abusive, or defamatory;
2. Use Drawtopia to violate any laws in your jurisdiction, including copyright and intellectual property laws;
3. Transmit any viruses, worms, malware, or destructive code;
4. Attempt to gain unauthorized access to Drawtopia systems or networks;
5. Collect or store personal information about other users without consent;
6. Engage in harassment, bullying, or other harmful behavior toward other users or our team;
7. Use Drawtopia in any automated manner without our written permission, including scraping, crawling, or data mining;
8. Resell, redistribute, or commercialize access to Drawtopia or any content generated through our Service, except as expressly permitted in writing.

Violation of these acceptable use restrictions may result in immediate suspension or termination of your account without liability to us.

For Users Under 13: If your child uses Drawtopia, we collect information necessary to provide the Service, as detailed in our Privacy Policy. Parents and guardians have the right to:

1. Access information we hold about their child
2. Request correction or deletion of their child's information
3. Withdraw consent and have the child's account terminated

To exercise these rights, contact us at hello@drawtopia.ai with proof of parental relationship.

No Directed Marketing to Children: We do not knowingly direct marketing or advertising to children under 13. Any communications to children under 13 will be educational and directly related to the Service.

Your Ownership: You retain all ownership rights to drawings and creations submitted by you or your child ("User Content").
You grant Drawtopia a non-exclusive, worldwide, royalty-free license to:

1. Use, display, and reproduce your User Content solely to provide the Service
2. Create derivative works (such as storybooks, animations, or interactive experiences) from your User Content
3. Store your User Content on our servers and backup systems

Marketing and Promotional Use: By using Drawtopia, you grant us permission to use, display, and reproduce User Content (including your child's drawings) in marketing materials, social media, advertising, case studies, and promotional communications. This consent applies unless you have opted out through your account settings.

If you do not wish your child's drawings to be used for marketing purposes, you may opt out at any time by contacting us at hello@drawtopia.ai.

Removal of Content: You may request deletion of your User Content at any time. Deleted content will be removed from active systems within 30 days, though copies in backup systems may persist for technical or legal reasons.

No Responsibility for Loss: Drawtopia is not responsible for loss, damage, or unauthorized access to User Content. We recommend you maintain your own backups of important creations.

All content, design, software, and technology associated with Drawtopia that we own or control (including the application, website, illustrations, graphics, code, and trademarks) are protected by copyright and intellectual property laws. You may not:

1. Reproduce, duplicate, or copy Drawtopia or any portion of it
2. Modify, adapt, translate, or reverse engineer our software
3. Disassemble or decompile our code or technology
4. Use our trademarks, logos, or brand names without written permission

The names "Drawtopia," "Zokus," and all associated logos are trademarks of Zokus, Inc. Unauthorized use is prohibited.

Drawtopia offers a freemium model: free features and optional paid subscriptions. By subscribing, you authorize us to charge your payment method for subscription fees. Subscriptions will continue until cancelled.

Subscription Management: You may cancel your subscription at any time through your account settings or by contacting us. Cancellation takes effect at the end of the current billing period. No refunds will be issued for the current billing period.

Price Changes: Prices are subject to change at any time. We will notify you of material price increases before charging your updated rate. Your continued use of paid services constitutes acceptance of the new price.

Billing Accuracy: You agree to provide current and accurate billing information. We reserve the right to refuse any order or to limit quantities purchased per account, household, or payment method.

All fees paid for subscriptions, digital assets, and AI-driven services are generally non-refundable. Because each interaction with our platform (generating a coloring page, creating a puzzle, converting a photo, or generating a story) consumes significant server and model processing costs, the service is considered consumed once used.

Exception: Refunds are available only if:

1. Your request is made within 3 days from the date of initial purchase; AND
2. You have performed fewer than 5 AI generations or creations across our apps (e.g., creating fewer than 5 coloring pages, puzzles, or stories).

If more than 5 generations have been made or the 3-day window has passed, the service is deemed fully consumed, and no refund will be issued.

Physical Books (30-Day Return Policy):

For physical storybooks ordered through Drawtopia, we offer a 30-day return policy. To be eligible for a return:

1. Your item must be in the same condition as received: unworn, unused, with all tags attached, and in original packaging
2. Return request must be submitted within 30 days of receiving the item
3. You must provide a receipt or proof of purchase

Items that do not meet these conditions are non-returnable. Return shipping costs are the customer's responsibility unless the item arrived defective or damaged.

Defective or Damaged Items: If you receive a defective or physically damaged product, contact us within 15 days with photographic evidence. We will arrange for replacement or store credit.

Drawtopia uses third-party services to deliver our platform and services. These include payment processors (Stripe, Shopify), cloud storage (AWS), analytics providers (Google Analytics, PostHog), image generation (Google Imagen 3), text generation (OpenAI), text-to-speech (Google TTS), advertising partners (Facebook/Meta pixel), and email delivery (Resend).

Your use of these services is subject to their respective terms and privacy policies. Drawtopia is not responsible for these third parties' collection, use, or disclosure of your information, except as described in our Privacy Policy.

We recommend reviewing the privacy policies of these third parties:

1. Stripe: https://stripe.com/privacy
2. Shopify: https://www.shopify.com/legal/privacy
3. AWS: https://aws.amazon.com/privacy
4. Google: https://policies.google.com/privacy
5. OpenAI: https://openai.com/privacy
6. Meta: https://www.facebook.com/privacy

As-Is Basis: Drawtopia is provided on an "as is" and "as available" basis. We expressly disclaim all warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, and that our service will be uninterrupted, error-free, or secure.

No Guarantee of Quality: We do not guarantee the quality, accuracy, or completeness of any content generated through our Service. Generated stories, images, or other outputs are provided for entertainment and educational purposes only. Parents should review all content before allowing children to view it.

Technical Issues: Drawtopia may be unavailable from time to time due to scheduled or unscheduled maintenance, technical failures, internet disruptions, or other causes beyond our control. We expressly disclaim any warranty regarding availability, performance, or reliability.

Third-Party Content: We are not responsible for the accuracy, quality, or legality of content created by third-party services we integrate (Google Imagen 3, OpenAI, etc.). Use of these services is at your own risk.

Maximum Liability: To the fullest extent permitted by law, Drawtopia's entire liability and your exclusive remedy for any claim related to our Service shall not exceed $100.

No Consequential Damages: In no event will Drawtopia be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, lost revenue, lost data, or business interruption, even if we have been advised of the possibility of such damages.

Applicability: These limitations apply regardless of whether damages arise from breach of contract, tort, negligence, or any other theory of liability.

You agree to indemnify, defend, and hold harmless Drawtopia, Zokus, Inc., and our officers, directors, employees, agents, and representatives from any claim, demand, loss, liability, or cost (including reasonable attorneys' fees) arising from:

1. Your use of Drawtopia
2. Your violation of these Terms
3. Your User Content or drawings
4. Your infringement of any third-party's intellectual property rights

Our Right to Terminate: Drawtopia reserves the right to suspend or terminate your account and access to the Service immediately, without notice or liability, for any reason, including:

1. Violation of these Terms
2. Suspected fraudulent or illegal activity
3. Non-payment of fees
4. Abuse of other users
5. Inactivity

Your Right to Terminate: You may cancel your account at any time by contacting us at hello@drawtopia.ai. Upon cancellation, your license to use Drawtopia terminates immediately.

Effects of Termination: Upon termination, you lose access to your account and all associated User Content, unless you have previously downloaded or saved it. We will delete your personal data within 30 days as described in our Privacy Policy.

Survival: Sections regarding intellectual property, indemnification, disclaimers, and limitation of liability survive termination.

We may update or modify these Terms at any time. Changes will be posted on this page with an updated effective date. Your continued use of Drawtopia following notice of changes constitutes your acceptance of the revised Terms. If you do not agree with changes, you must discontinue use of the Service.

Governing Law: These Terms are governed by the laws of the State of California, without regard to its conflict of law principles.

Venue: Any legal action or proceeding relating to these Terms or Drawtopia shall be brought exclusively in the state or federal courts located in California. You consent to the jurisdiction of these courts and waive any objections to venue.

Attorneys' Fees: If we prevail in any legal dispute, we may recover reasonable attorneys' fees and costs from you.

If any provision of these Terms is found to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it valid, or if that is not possible, it shall be severed. The remaining provisions shall continue in full force and effect.

Your use of Drawtopia is also governed by our Privacy Policy, available at https://drawtopia.ai/privacy. The Privacy Policy explains how we collect, use, disclose, and protect your personal information. By using Drawtopia, you consent to our collection and use of personal information as described in the Privacy Policy.

These Terms of Service, together with our Privacy Policy and any other policies posted on our website or app, constitute the entire agreement between you and Drawtopia regarding the Service and supersede all prior agreements, whether written or oral.

If you have any questions about these Terms of Service, please contact us:

Zokus, Inc. d/b/a Drawtopia

Email: hello@drawtopia.ai

Address: [Your company address]

Website: https://drawtopia.ai

No Waiver: Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or our right to enforce it.

Assignment: We may assign these Terms or any of our rights or obligations under these Terms without notice. You may not assign these Terms or your rights without our written consent.

Independent Counsel: We encourage you to consult with legal counsel before using Drawtopia, particularly if you are a parent or guardian of a child under 13.