Terms & Conditions

What these Terms Cover: These Terms contain the terms and conditions on which we supply the Products to you, whether these are goods and/or digital content.

Please read these Terms carefully before you accept these Terms (by ordering Products from us).

How to tell us about problems: If you have any questions, feedback or complaints about the Products, please contact us to discuss using our contact details below.

Our contact details: Animade AI Ltd is a company registered in England and Wales.

Our company registration number is 15831052. Phone number: +44 7906 517760

Geographical address: Winchmore Chalk Lane, East Horsley, Surrey, KT24 6TH, United Kingdom

Email address: Animade.World@Gmail.com

Introduction
1. This website (Site) is operated by Animade AI Ltd, a company registered in England and Wales, with company registration number 15831052 (we, our or us). These terms and conditions (Terms) are between us and you, the person placing an order for products (featuring your Designs) (Products) through the Site.
2. If you are using the Site on behalf of your employer or a business entity, you, in your individual capacity, represent and warrant that you are authorised to act on behalf of your employer or the business entity and to bind the entity and the entity’s personnel to these Terms.
Use of the Site
1. You accept these Terms by placing an order via the Site or by creating an Account.
2. You must not use the Site and/or place an order for Products through the Site unless you are at least 16 years old.
3. When using the Site, you must not do or attempt to do anything that is unlawful or inappropriate, including:
  1. anything that would constitute a breach of an individual’s privacy including uploading private or personal data without an individual's consent) or any other legal rights (including Intellectual Property Rights)
  2. using the Site to defame, harass, threaten, menace or offend any person
  3. using the Site for unlawful purposes;
  4. interfering with any user of the Site;
  5. tampering with or modifying the Site (including by transmitting viruses and using trojan horses);
  6. using the Site to send unsolicited electronic messages;
  7. create Designs, order Products or otherwise use our Site in any way that would or may infringe the Intellectual Property Rights or any third party;
  8. using data mining, robots, screen scraping or similar data gathering and extraction tools on the Site; or
  9. facilitating or assisting a third party to do any of the above acts.
4. We may use third-party APIs and other providers on our Site, including OpenAI, ModelsLab, and Printful API(s). Your use of OpenAI, ModelsLab, and Printful and any other third party APIs on our Site is subject to their Additional Terms of Service.
Accounts
1. You may purchase the Products from us without an account (Guest Checkout) or you may choose to create an account with us which allows you to review your order history, save and access your previously generated Designs or save your wish list.
2. You must ensure that any personal data you give to us when creating an account is accurate and up-to-date.
3. It is your responsibility to keep your account details confidential. You are responsible for all activity on your account, including purchases made using your account details.
Orders
1. You may order Products from us as set out on the Site. If you place an order for Products on our Site, you are making an order to purchase the Product(s) for the price listed on the Site (including the delivery fees or other applicable charges and taxes).
2. It is your responsibility to check the order details, the selected Products, the Designs, delivery details and pricing, before you submit your order through the Site. Once you submit an order successfully on the Site, a binding agreement is formed for the supply of Products to you in accordance with these Terms.
3. When you order and pay on the Site and your payment has been validated, we will provide you with an order confirmation email, which may include an order number, an order ID, the delivery and billing addresses and a description of what was ordered.
4. Please be aware that some of the Products sold through the Site may not be suitable for children under 18 years old. Please take extra care when ordering Products for children under 18 years old.
5. All purchases made through the Site are subject to availability. We do our best to keep Products in stock and to keep the Site up to date with the availability of Products.
6. We may cancel, at any time before delivery and for whatever reason, an order that we have previously accepted, including where there is a considerable delay in dispatching your order, if for any reason we cannot supply the Products you order (for example for an event beyond our reasonable control) or if the Products ordered were subject to an error on our Site (for example they were out of stock or in relation to a description, price or image) or we become aware that any Personalised Products or Designs infringe the Intellectual Property Rights of any third party. We will contact you using the details you provided when you placed your order.
7. You acknowledge and agree that we use Printful to fulfil orders for Products on our Site, and that all orders are subject to Printful’s terms and conditions as amended from time to time, currently located at https://www.printful.com/policies/terms-of-service. If there are any inconsistencies between those terms and these Terms, these Terms prevail.
Price and payments
1. You must pay us the purchase price of each Product you order, plus any applicable delivery costs as set out on the Site (the Price) in accordance with this clause. Unless stated otherwise on the Site, all amounts are stated in pounds, being the currency of the UK from time to time, and are inclusive of value added tax (or any equivalent tax in the UK) (VAT), (where applicable).
2. You must pay the Price upfront using one of the methods set out on the Site.
3. You must not pay, or attempt to pay, the Price by fraudulent or unlawful means. If you make a payment by debit card or credit card, you warrant that you are authorised to use the debit card or credit card to make the payment.
4. The payment methods we offer are set out on the Site. We may offer payment through a third-party provider for example, Stripe and Paypal. You acknowledge and agree that we have no control over the actions of the third-party provider, and your use of the third-party payment method may be subject to additional terms and conditions. We do not store any credit card details, and all payment information is collected and stored through our third-party payment processor.
5. Where you order the Products for delivery outside of the UK, you may need to pay custom charges or taxes in addition to the Price.
6. We may, from time to time, issue promotional discount codes for certain Products on the Site. To claim the discount, you must enter the promotional discount code at the time of submitting your order through the Site. The conditions of use relating to promotional discount codes will be set out on the Site. We may also from time to time run competitions on the Site or on social media. These competitions are subject to terms and conditions which will be made available on the Site at the time of the competition.
Supply of the Products
1. In consideration of your payment of the Price, we will provide the Products in accordance with these Terms and all applicable laws, whether ourselves or through our personnel.
Governing Law and Jurisdiction
1. Our Site facilitates text-to-image designs generated using Artificial Intelligence (Designs), and you are then able to apply these Designs to products on our Site to order.
2. Designs that you create are generated by computers through third-party Artificial Intelligence sites (AI Generated Content). AI Generated Content is made available to you on an “as is” basis for use by you at your own risk.
3. To the maximum extent permitted by law:
  1. we make no representations, warranties, assurances or guarantees of any kind, whether express or implied, with respect to AI Generated Content, including, without limitation, non-infringement of Intellectual Property Rights or other third party rights;
  2. we will not be liable for, and you waive and release us from and against, any Liability (however suffered, and to whoever suffered) arising from or connected with your reproduction of, commercial exploitation, publication, or any use of AI Generated Content, the Designs and the Products that you order applying those Designs; and
  3. You indemnify us from any Liability that we suffer or incur arising from or in connection with your Designs and Products infringing the Intellectual Property Rights of any third party
4. Subject to anything to the contrary in the third party Artificial Intelligence provider’s Additional Terms of Service, you own the Designs that you generate. You grant us a non-exclusive, world-wide, royalty free, sublicensable, transferrable licence to use the Designs and AI Generated Content in order to provide you the Products and otherwise perform our obligations and exercise remedies under these Terms.
Delivery, title and risk
1. We will deliver the Products to the delivery address you provide when making your order. We currently deliver to the areas set out on the Site. Please refer to the delivery information on the Site to ensure you are in our delivery area.
2. We normally dispatch Products within 2 to 5 Business Days of receiving an order, unless otherwise noted on the Site. Any delivery periods displayed on the Site are estimates only, based on the information provided by the delivery company.
3. If you need to change the delivery day or delivery address, please notify us within [24] hours in writing or via the Site.
4. We deliver the Products using a range of delivery methods. You may need to sign for some deliveries. If neither you nor your authorised representative is at the delivery address to accept delivery, you agree that we may leave the Products at your premises.
5. Where you are a business, risk in the Products will pass to you as soon as they are delivered to the delivery address you provided in your order.
6. Where you are a consumer, risk in the Products will pass to you when the Products have come into your physical possession.
Change of mind returns (Businesses)
1. This clause 10 applies if you are not a “consumer”, as defined under the Consumer Rights Act 2015.
2. We do not accept returns for change of mind or other circumstances.
Change of mind returns (Consumers)
1. Subject to the remainder of this clause, if the Products are goods, you have 14 days after the day you (or someone you nominate) receive the Products, to change your mind and cancel these Terms. Where the Products are split into several deliveries over different days, you have until 14 days after the day you (or someone you nominate) receives the last delivery, to change your mind.
2. When you don't have the right to change your mind: You do not have a right to change your mind in respect of:
  1. Products with your Designs;
  2. digital Products after you have started to download or stream these;
  3. Products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
  4. Products you have damaged, or that are no longer in their original condition (including where you have cut tags off);
  5. sealed audio or sealed video recordings or sealed computer software, once these products are unsealed after you receive them; and
  6. any Products which become mixed inseparably with other items after their delivery
3. Tell us you want to cancel these Terms: If you want to cancel or terminate these Terms and request a change of mind return, you should contact us and use the Model Cancellation Form at Attachment 1.
Returning Products to us
1. Costs of return: We will pay the costs of return:
  1. if the Products are faulty or misdescribed; or
  2. an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
2. When your refund will be made: We will make any refunds due to you as soon as possible.
Your Warranties
1. You represent, warrant and agree that:
  1. you will not use our Site, including Our Intellectual Property, in any way that competes with our business;
  2. there are no legal restrictions preventing you from entering into these Terms;
  3. all information and documentation that you provide to us in connection with these Terms is true, correct and complete; and
  4. you have not relied on any representations or warranties made by us in relation to the Site, Designs or Products (including as to whether the Site is or will be fit or suitable for your particular purposes), unless expressly stipulated in these Terms.
Limitations on and exclusions to our liability
1. The restrictions on liability in this clause 14 apply to every liability arising under or in connection with these Terms including liability in statute, contract, equity, tort (including negligence), misrepresentation, restitution, indemnity or otherwise.
2. Nothing in these Terms limits any liability which cannot legally be limited, including liability for:
  1. death or personal injury caused by negligence;
  2. fraud or fraudulent misrepresentation;
  3. breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession); and
  4. defective products under the Consumer Protection Act 1987.
3. This clause 14(c) applies to the extent that the Products are digital content. If the Products are defective and they damage a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow our instructions or to have in place the minimum system requirements advised by us
4. This clause 140 applies if you are not a “consumer”, as defined under the Consumer Rights Act 2015. Subject to clauses
5. (damage caused by defective digital content) and 14(b) (liability which cannot legally be limited), but despite anything to the contrary, to the maximum extent permitted by law:
  1. neither Party will be liable for any Consequential Loss;
  2. a party’s liability for any liability under these Terms will be reduced proportionately to the extent the relevant liability was caused or contributed to by the acts or omissions of the other party, including any failure by that other party to mitigate its loss; and
  3. our aggregate liability for any liability arising from or in connection with these Terms will be limited to us resupplying the Products to you or, in our sole discretion, to us repaying you the amount of the Price paid by you to us in respect of the supply of the relevant Products to which the Liability relates.
6. This clause 14(d) applies if you are a “consumer”, as defined under the Consumer Rights Act 2015.
  1. we only supply the Products for domestic and private use to consumers. Where you are a consumer and you use the Products for any commercial, business or re-sale purpose we will have no liability to you for liability involving any loss of profit, loss of business, business interruption, or loss of business opportunity; and
  2. subject to clauses clause 14(c) (damage caused by defective digital content) and 14(b) (liability which cannot legally be limited), but despite anything to the contrary, if either Party fails to comply with these Terms, neither Party will be responsible for any losses that the other Party suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these Terms.
7. We have given commitments as to the compliance of the Products with these Terms and applicable Laws in clause 7. In view of these commitments, the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 are, to the maximum extent permitted by law, excluded from these Terms.
8. We have given commitments as to the compliance of the Products with these Terms and applicable Laws in clause 7. In view of these commitments, the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 are, to the maximum extent permitted by law, excluded from these Terms.
9. Without limiting your right to cancel these Terms under clause 11, but despite anything else to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against any liability caused or contributed to by, arising from or connected with any event or circumstance which is beyond our reasonable control including but not limited to, acts of God including fire, hurricane, typhoon, earthquake, landslide, tsunami, mudslide or other catastrophic natural disaster, civil riot, civil rebellion, revolution, terrorism, insurrection, militarily usurped power, act of sabotage, act of a public enemy, war (whether declared or not) or other like hostilities, ionising radiation, contamination by radioactivity, nuclear, chemical or biological contamination, any widespread illness, quarantine or government sanctioned ordinance or shutdown, pandemic (including COVID-19 and any variations or mutations to this disease or illness) or epidemic.
Intellectual property
1. All Intellectual Property (including copyright) developed, adapted, modified or created by us or our personnel (including in connection with the Terms, any content on the Site, and the Products) (Our Intellectual Property) will at all times vest, or remain vested, in us. For the avoidance of doubt, Our Intellectual Property does not include your Designs.
2. We authorise you to use Our Intellectual Property solely for your non-commercial use, and for the purpose of using our Site. and in the manner in which it was intended to be used.
3. You must not, without our prior written consent:
  1. copy (in whole or in part) any of Our Intellectual Property, or reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party; or
  2. breach any Intellectual Property Rights connected with the Site or the products.
4. You own all data, information, personal data, or content you upload onto the Site (Your Data), as well as any data or information output from the Site using Your Data as input, including the Designs (Output Data).
5. You grant us a limited licence to copy, transmit, store, backup and/or otherwise access or use Your Data and the Output Data to:
  1. communicate with you;
  2. allow you to use our Site and otherwise perform our obligations under these Terms;
  3. diagnose problems with the Site;
  4. enhance and otherwise modify the Site;
  5. develop other services, provided we de-identify Your Data; and
  6. as reasonably required to perform our obligations under these Terms.
6. You agree that you are solely responsible for all of Your Data and Output Data. You represent, undertake and warrant that:
  1. you are either the sole and exclusive owner of Your Data or you have all rights, licences, consents and releases that are necessary to grant to us the rights in Your Data (as contemplated by these Terms); and
  2. neither Your Data nor the posting, uploading, publication, submission or transmission of Your Data or our use of Your Data and Output Data will infringe, misappropriate or violate a third party’s rights (including Intellectual Property Rights, or rights of publicity or privacy), or result in the violation of any applicable law or regulation.
7. We do not endorse or approve, and are not responsible for, any of Your Data or Output Data.
8. You are responsible for (meaning we are not liable for) the integrity of Your Data on your systems, networks or any device controlled by you.
9. You acknowledge and agree that the Site and the integrity and accuracy of the Output Data is reliant on the accuracy and completeness of Your Data, and the provision by you of Your Data that is inaccurate or incomplete may affect the use, output and operation of the Site.
10. This clause will survive the termination or expiry of these Terms.
Content you upload
1. We encourage you to interact with the Site and with us on social media! You may be permitted to post, upload, publish, submit or transmit relevant information and content, but excluding the Designs (User Content) on the Site. We may run campaigns via the Site and via social media that encourage you to post User Content on social media using specific hashtags (#) (Tag).
2. If you make any User Content available on or through the Site, including on social media using a Tag, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of the Site and our social media platforms. You may request that any of your User Content is removed from the Site or social media by sending us an email to the address at the beginning of these Terms. We will endeavour to action any removal requests within a reasonable time.
3. You agree that you are solely responsible for all User Content that you make available on or through the Site, including on social media using a Tag. You represent and warrant that:
  1. you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and
  2. neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site (including on social media) will infringe a third party’s rights (including Intellectual Property Rights, or rights of publicity or privacy) or breach any applicable law or regulation.
4. We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.
General
1. Contracts (Rights of Third Parties) Act 1999: Notwithstanding any other provision of these Terms, nothing in these Terms confers or is intended to confer any right to enforce any of its terms on any person who is not a party to it.
2. Disputes: Where you are a consumer, if you are not happy with how we have handled any complaint, you may wish to resolve the situation through alternative dispute resolution. This is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. You may contact the alternative dispute resolution provider we use. You can submit a complaint to The Centre for Effective Dispute Resolution via their website at https://www.cedr.com/. The Centre for Effective Dispute Resolution will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings. Where you are not a consumer, neither party may commence court proceedings relating to any dispute arising from, or in connection with, these Terms without first meeting with the other party to seek (in good faith) to resolve that dispute (unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause).
3. Marketing: You agree that we may send you electronic communications about our products and services. You may opt- out at any time by using the unsubscribe function in our electronic communications.
4. Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided when you submitted your order or in your account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
5. Feedback and complaints: We are always looking to improve our services. If you have any feedback or a complaint, please notify us on our contact details below and we will take reasonable steps to address any concerns you have.
6. Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent.
7. Entire agreement: Subject to your consumer law rights (if any), these terms contain the entire understanding and agreement between you and us in respect of their subject matter. Each Party agrees that it will have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms.
8. Amendment: We may, at any time and at our discretion, vary these Terms by publishing varied terms on the Site. Prior to placing an order, we recommend you carefully read the terms that are in effect at that time to ensure you understand and agree to them. For any order that has been accepted by us, the terms and conditions that apply will be the ones that were in effect (and which you agreed to) when you placed your order.
9. Governing law: These Terms are governed by the laws of England and Wales. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in England and Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts. The Site may be accessed in the UK and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside of the UK. If you access the Site from outside the UK, you do so at your own risk and are responsible for complying with the laws in the place you access the Site.
10. Product Warranty: We may offer a product warranty for some Products, as expressly set out on our website.
11. Third party sites: The Site may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase products from a third party website linked from the Site, such third party provides the products to you, not us.
12. Privacy: All personal data you provide to us will be treated in accordance with our privacy policy. You can find our privacy policy on our website. To the extent that we act as the Processor of any Personal Data of which you are the Controller (as these terms are defined in the UK GDPR), our Data Processing Addendum (available on our website here) forms part of this Agreement.
Definitions
1. Additional Terms of Service means the terms and conditions of any third-party API or other providers that we use in connection with our Site from time to time. For example, we currently use OpenAI (whose terms can be found here: https://openai.com/policies ) and ModelsLab (whose terms can be found here https://modelslab.com/p/Terms-and-Conditions Stripe (whose terms can be found here https://stripe.com/legal/ssa)
2. Business Day means a day on which banks are open for general banking business in England and Wales, excluding Saturdays, Sundays and public holidays.
3. Consequential Loss includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
4. Consumer Laws means any laws applying to you as a consumer, including the Consumer Rights Act 2015 and The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
5. Intellectual Property or Intellectual Property Rights means any copyright, registered or unregistered designs, patents or trademarks, business names, get-up, goodwill, domain names, know-how, inventions, processes, trade secrets or confidential information, circuit layouts, software, computer programs, databases or source codes, including any application for registration of, and any improvements, enhancements or modifications of, the foregoing, and any right to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future, including in respect of the foregoing.
6. Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), misrepresentation, restitution, indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise.