Terms of Service

1. What you're buying

A Petagotchi is a personalized digital pixel pet: a web app game with custom pixel art of your pet, made from the photos you send us. It costs $49, paid once, with no subscription.

• It runs in the browser on iPhone and Android and can be added to your home screen. No app download is needed.
• It's 100% digital. Nothing is physically shipped, including any device or keychain.
• Every order includes one free revision.

You must be at least 18 (or the age of majority where you live) to place an order. You can buy a Petagotchi as a gift for someone else; these Terms then also apply to the person you give it to.

2. Ordering and payment

Payment is taken at checkout through Stripe, which processes your card details. We don't store your card number. After checkout you'll fill in a Tally form with your pet's details and photos so we can make your pixel pet. Your order is confirmed once payment goes through.

3. Your photos and information

When you send us photos and details of your pet, you confirm that you took the photos or otherwise have the right to use them and to send them to us, and that they don't break anyone else's rights.

You keep ownership of your photos. You give us a non-exclusive, worldwide, royalty-free licence to use, copy and adapt them only to create, deliver, revise and support your pixel pet. We will only feature your pet in our marketing if you give us permission.

We may decline an order if the photos aren't usable or the content is inappropriate. If we decline, we'll refund you.

4. Delivery

We'll email you a personal link to your pixel pet. Your link arrives in 5–7 business days [PLACEHOLDER: confirm whether this counts from checkout or from when we receive your photos]. Due to high demand, delivery may take a few extra days. Delivery happens when we send the link to the email address you gave us. Please check your spam or promotions folder if you don't see it.

5. Your free revision

Each order includes one free revision. If something looks off (for example, "her ears are darker"), tell us what to change and we'll update your pixel pet. Extra revisions beyond the first are at our discretion.

6. Refunds

You can request a refund within 7 days of the day we deliver your pixel pet. Email us at [PLACEHOLDER: contact email] from the address you ordered with. Refunds are made to your original payment method through Stripe.

If a refund is given, we deactivate your pixel pet's link and remove your access, and you agree to stop using it. Because the game can be installed on your home screen and works offline, a copy already on a device may not be removed automatically.

Nothing in these Terms limits any rights you have under consumer protection laws that can't be waived.

7. Your licence and our rights

Once you've paid, we give you a personal, non-exclusive, non-transferable licence to use your pixel pet for your own non-commercial enjoyment (or that of the person you gift it to).

The Petagotchi game, its code, design, sounds, custom pixel art (including the pixel art of your pet), name and logo belong to us or our licensors. You may share screenshots and short clips of your pixel pet for personal, non-commercial use. You may not sell, resell, license or commercially use your pixel pet or its artwork without our written permission.

8. Using the service

• Your pixel pet saves its progress in your browser's local storage on your device. Clearing your browser data, switching browsers or devices, or deleting the home-screen app may erase that progress, and we can't restore it.
• We aim to keep your pixel pet and our website available, but we don't guarantee they'll always be available, uninterrupted or error-free. We may update, fix or change features over time.
• Your pixel pet depends on your browser and device. Browser or operating system changes outside our control may affect how it works.

9. Things you may not do

• Send us photos you don't have the right to use, or content that is illegal, hateful, sexual, violent or infringing.
• Copy, modify, reverse engineer, scrape or redistribute our game, code or artwork, except as the law allows.
• Share your personal link publicly or sell or transfer access to it, other than giving it as a gift.
• Interfere with or try to break the security of our website or service.
• Use Petagotchi in a way that breaks the law or these Terms.

If you break these Terms, we may deactivate your link.

10. Disclaimers

Your pixel pet is a stylised, custom pixel art version of your pet, so it won't look exactly like a photo. To the fullest extent allowed by law, Petagotchi is provided "as is" and "as available", without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement. Your rights to a revision and a refund are explained above.

11. Limitation of liability

To the fullest extent allowed by law, we are not liable for any indirect, incidental, special, consequential or punitive damages, or for lost data or game progress. Our total liability for any claim relating to Petagotchi is limited to the amount you paid for the order the claim relates to.

Some places don't allow these limits, so they may not fully apply to you. Nothing in these Terms limits liability that can't be limited by law.

12. Governing law

These Terms are governed by the laws of [PLACEHOLDER: governing law, e.g. the State of California, USA], without regard to its conflict-of-law rules. Any dispute will be handled by [PLACEHOLDER: courts, e.g. the state and federal courts in your chosen California county], unless the law where you live gives you the right to bring a claim in your local courts.

13. Changes to these Terms

We may update these Terms from time to time. When we do, we'll change the "Last updated" date at the top. The Terms in effect when you placed your order apply to that order, unless the law requires otherwise.

14. Contact us

• Email: [PLACEHOLDER: contact email]
• Post: [PLACEHOLDER: legal business name, e.g. APX Growth LLC], [PLACEHOLDER: business postal address]

Please also read our Privacy Policy.