Terms and Conditions for DrawAlive

Terms and Conditions for DrawAlive
Last Updated: 2025/06/11

1. Agreement to Terms
By downloading, installing, or using the DrawAlive mobile application ("App"), you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, do not use the App.

These Terms constitute a legally binding agreement between you and DrawAlive ("Company," "we," "our," or "us").

2. Description of Service
DrawAlive is a mobile application that uses artificial intelligence to transform children's drawings into animated stories. The service includes:

Image Upload: Upload drawings and photos

AI Animation: Convert static images into animated videos

Story Creation: Generate narrated stories from your content

Content Management: Organize content into albums and collections

Sharing Features: Share created animations with others

3. User Accounts and Registration
3.1 Account Creation
You must provide accurate and current information during registration.

You are responsible for maintaining the confidentiality of your account credentials.

The account must be created and managed by a parent or legal guardian.

One person may not maintain multiple accounts.

3.2 Account Security
You are responsible for all activities under your account.

Notify us immediately of any unauthorized use of your account.

We are not liable for losses resulting from unauthorized account use.

3.3 Parental Supervision
Children under 13 should use the App under parental supervision.

Parents are responsible for their children's use of the App.

Parents may review and manage their children's content and activities.

4. Credit System and Payments
4.1 Credit-Based Service
The App operates on a credit-based system.

Credits are required to process animations.

Credit costs are clearly displayed before processing.

Current base cost: 20 credits per animation.

4.2 Credit Purchases
Credits can be purchased through in-app purchases.

Payments are processed through Apple App Store or Google Play Store.

All sales are final unless otherwise specified.

Credits do not expire unless your account is terminated.

4.3 Pricing and Changes
We reserve the right to modify pricing with 30 days notice.

Price changes do not affect previously purchased credits.

Promotional pricing may be offered at our discretion.

4.4 Refunds
Credit purchases are generally non-refundable.

We will provide a refund for credit purchases within 14 days, as long as no credits from that purchase have been used. Refunds may also be granted at our discretion for technical issues.

Contact support@drawalive.app for refund requests.

Refund requests must be made within 30 days of purchase.

4.5 Unused Credits Upon Service Termination
If we discontinue the service, users will receive 30 days advance notice.

During this 30-day period, unused credits remain available for use.

After the service ends, we will provide a prorated refund for unused credits from your most recent purchase.

5. User Content and Intellectual Property
5.1 Your Content
You retain ownership of original content you upload.

You grant us a license to process, store, and display your content as necessary to provide the service.

You are responsible for ensuring you have rights to upload content.

Do not upload copyrighted material without permission.

5.2 Generated Content
Animated videos created by our AI are owned by you.

You may use generated content for personal and commercial purposes.

Our AI processing technology, including all algorithms and models, remains our intellectual property. Your ownership of the generated content does not grant you any license or rights to this underlying technology.

We may use anonymized content for service improvement.

5.3 Content Standards
You agree not to upload content that:

Is illegal, harmful, or violates others' rights.

Contains inappropriate material for children.

Is defamatory, offensive, or harassing.

Infringes intellectual property rights.

Contains personal information of others without consent.

5.4 Content Moderation
We reserve the right to review and remove inappropriate content.

Automated systems may flag content for review.

Repeated violations may result in account suspension.

We are not obligated to monitor all user content.

6. Data Storage and Retention
6.1 Content Storage
Your content is stored on secure cloud servers.

We maintain backups for service reliability.

Storage is provided as part of the service.

6.2 Data Retention After Deletion
Deleted animations may be retained for up to 90 days for recovery purposes.

Financial and transaction records retained for 7 years for accounting compliance.

Customer support communications retained for 3 years.

Anonymous usage data may be retained indefinitely for analytics.

6.3 Account Deletion
You may delete your account at any time through the App settings.

Account deletion will permanently remove your personal data within 30 days.

Some data may be retained as required by law or legitimate business interests.

7. Service Availability and Modifications

7.1 Service Availability
We strive to provide continuous service but do not guarantee 100% uptime.
The service may be unavailable during maintenance, updates, or technical issues.
We are not liable for service interruptions beyond our reasonable control.

7.2 Service Modifications
We may modify, update, or discontinue features at any time.
Major changes will be communicated to users in advance.
Continued use after changes constitutes acceptance of modifications.

7.3 Service Termination
We may terminate or suspend the service at any time with 30 days notice.
During the notice period, users may continue to use existing credits.
We may immediately terminate service for violations of these Terms.
Upon termination, your right to use the service ceases immediately.

7.4 Service Continuity and Liability Disclaimer
Service Continuity:
We strive to maintain continuous availability of the DrawAlive service but do not guarantee uninterrupted access or profitability. We reserve the right to modify, suspend, or terminate all or any part of the service at any time for any reason, including lack of profitability. Where required by applicable law or platform policies (such as Apple’s App Store guidelines), we will provide reasonable advance notice of service discontinuation.

Data Security and Breach:
We implement commercially reasonable security measures to protect your data; however, no method of transmission or storage is completely secure. You acknowledge that use of the service involves some risk of unauthorized access or data loss. We disclaim liability for damages arising from unauthorized access, data breaches, loss, or corruption of your content, except to the extent prohibited by applicable law.

User Responsibility for Backups:
You are responsible for maintaining backups or copies of any content you upload or generate. We are not responsible for any loss, deletion, or corruption of your content.

Refunds and Credits:
Refunds and credit policies are governed by these Terms and applicable platform policies (including Apple’s App Store refund policies). Termination or suspension of your account may result in forfeiture of unused credits except where otherwise required by law or platform rules.

8. Privacy and Data Protection
8.1 Privacy Policy
Our Privacy Policy is incorporated into these Terms by reference.

We are committed to protecting your privacy and complying with GDPR.

Personal data is processed according to our Privacy Policy.

8.2 Data Processing
We process your data to provide and improve the service.

AI processing may involve third-party services under strict data protection agreements.

International data transfers are protected by appropriate safeguards.

9. Prohibited Uses
You may not use the App to:

Violate any applicable laws or regulations.

Impersonate others or provide false information.

Interfere with or disrupt the service or servers.

Attempt to gain unauthorized access to our systems.

Use automated tools to access the service without permission.

Upload malicious code or content.

Engage in any activity that could harm minors.

10. Disclaimers and Limitations of Liability
10.1 Service Disclaimer
The service is provided "as is" without warranties of any kind.

We do not guarantee the accuracy, completeness, or quality of AI-generated content.

Use of the service is at your own risk.

10.2 Limitation of Liability
Our liability is limited to the amount you paid for the service in the 12 months preceding the claim.

We are not liable for indirect, incidental, or consequential damages.

Some jurisdictions do not allow limitation of liability, so these limitations may not apply to you.

10.3 AI-Generated Content
AI-generated animations may not meet your expectations.

We do not guarantee specific outcomes or quality levels.

Technical limitations may affect animation quality.

11. Indemnification
You agree to indemnify and hold harmless DrawAlive, its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from:

Your use of the service.

Violation of these Terms.

Infringement of third-party rights.

Any content you upload or generate.

12. Dispute Resolution
12.1 Governing Law
These Terms are governed by the laws of [JURISDICTION], without regard to conflict of law principles.

12.2 Dispute Resolution Process
Initial disputes should be addressed through customer support.

Unresolved disputes may be subject to mediation.

Legal proceedings must be brought in the courts of [JURISDICTION].

12.3 EU Users
EU users retain the right to bring disputes in their country of residence and are protected by mandatory consumer protection laws.

13. Compliance and Legal Requirements
13.1 GDPR Compliance
We comply with the General Data Protection Regulation for EU users.

Users have rights regarding their personal data as outlined in our Privacy Policy.

Data processing is based on legal grounds including consent and legitimate interests.

13.2 COPPA Compliance
We comply with the Children's Online Privacy Protection Act.

We do not knowingly collect personal information from children under 13 without parental consent.

Parents may review and delete their children's information.

13.3 Platform Compliance
The App complies with Apple App Store and Google Play Store guidelines.

In-app purchases follow platform-specific policies.

Platform-specific terms may also apply.

14. Force Majeure
We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, strikes, or government actions.

15. Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

16. Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and DrawAlive regarding the service.

17. Changes to Terms
17.1 Notification of Changes
We may update these Terms periodically.

Material changes will be communicated through the App or email.

Continued use after changes constitutes acceptance.

17.2 Effective Date
Changes become effective immediately upon posting unless otherwise specified.

18. Age Requirements and Parental Consent
18.1 Minimum Age
Users must be at least 13 years old to create an account, or have an account created and managed by a parent or guardian.

Children under 13 may use the App with parental supervision and consent.

Parents are responsible for managing their children's use.

18.2 Parental Rights
Parents have the right to:

Review their children's content and account activity.

Delete their children's accounts and data.

Control their children's sharing and communication features.

19. Account Termination
19.1 Termination by User
You may terminate your account at any time.

Termination does not entitle you to a refund of unused credits.

Your data will be deleted according to our Privacy Policy.

19.2 Termination by Company
We may terminate your account for:

Violation of these Terms.

Fraudulent or illegal activity.

Extended periods of inactivity (with notice).

Business reasons (with 30 days notice).

20. Contact Information
For questions about these Terms:

Email: support@drawalive.app
Support: support@drawalive.app

For privacy-related inquiries:
Email: privacy@drawalive.app

Acknowledgment: By using DrawAlive, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.

These Terms are effective as of 2025/06/11 and were last updated on 2025/06/11.