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Painty.cc - AI Photo Editor

TERMS OF SERVICE
Service Agreement

Effective date: December 6, 2025

Before using the Service, please carefully read these Terms of Service. Use of the Service constitutes full and unconditional acceptance of all terms of this Offer. If you do not agree with any of the terms, do not use the Service.

1. General Provisions

These Terms of Service contain the conditions for concluding a Service Agreement (hereinafter referred to as the "Service Agreement" and/or "Agreement"). This offer is addressed to one or more specific persons and expresses the intention of the person making the offer to consider themselves as having concluded an Agreement with the addressee who accepts the offer.

Performance of the actions specified in this Offer confirms the consent of both Parties to conclude a Service Agreement under the terms, procedure and scope set forth in this Offer.

The text below is an official public offer from the Service Provider addressed to interested parties to conclude a Service Agreement.

The Service Agreement is considered concluded and comes into force from the moment the Parties perform the actions provided for in this Offer, which means unconditional and complete acceptance of all terms of this Offer without any exceptions or restrictions.

Terms and Definitions:

Agreement – the text of this Offer with Appendices, which are an integral part of this Offer, accepted by the Customer by performing conclusive actions provided for by this Offer.

Conclusive actions — behavior that expresses consent to the counterparty's offer to conclude, amend or terminate an agreement. The actions consist of full or partial fulfillment of the conditions proposed by the counterparty.

Service Provider's Website – software and information available via the Internet at domain name and address: https://painty.cc/

Parties to the Agreement (Parties) – Service Provider and Customer.

Service – a service provided by the Service Provider to the Customer in accordance with the procedure and on the terms established by this Offer (AI-powered photo editing and generation).

Credits – internal units of the Service used to pay for the use of AI features (one credit typically equals one photo edit or one image generation). Credits do not expire unless explicitly stated in the tariff plan description and have no monetary value outside of the Service.

2. Subject of the Agreement

  1. The Service Provider undertakes to provide Services to the Customer, and the Customer undertakes to pay for them in the amount, manner and terms established by this Agreement.
  2. Service name, quantity, procedures and other conditions are determined by the Service Provider during order placement or are established on the website https://painty.cc/
  3. The Service Provider provides Services under this Agreement personally or with the involvement of third parties (including but not limited to Polar.sh as merchant of record for payments, AI providers for image processing, and S3-compatible storage providers), and the Service Provider is responsible to the Customer for the actions of third parties as for its own.
  4. The Agreement is concluded by accepting this Offer through the performance of conclusive actions expressed in:
    • actions related to account registration on the Service Provider's Website when account registration is required;
    • submission of an order by the Customer to the Service Provider for the provision of Services;
    • actions related to payment for Services by the Customer;
    • actions related to the provision of Services by the Service Provider.
    This list is not exhaustive; there may be other actions that clearly express a person's intention to accept the counterparty's offer.

3. Rights and Obligations of the Parties

3.1. Rights and Obligations of the Service Provider:

  1. The Service Provider undertakes to provide Services in accordance with the provisions of this Agreement, within the time frame and scope specified in this Agreement and/or as indicated on the Service Provider's Website.
  2. The Service Provider undertakes to provide the Customer with access to the sections of the Website necessary to obtain information.
  3. The Service Provider is responsible for the storage and processing of the Customer's personal data, ensures the confidentiality of this data and uses it exclusively for the quality provision of Services to the Customer, as detailed in the Privacy Policy.
  4. The Service Provider reserves the right to change the terms (period) of provision of Services and the terms of this Offer unilaterally without prior notice to the Customer, by publishing these changes on the Service Provider's Website. New/changed terms indicated on the Website apply only to newly concluded Agreements.
  5. The Service Provider has the right to suspend or terminate access to the Service if the Customer violates the terms of this Agreement, attempts to abuse the Service (including but not limited to multiple account creation to obtain free credits, automated scraping, or reverse-engineering of the Service).

3.2. Rights and Obligations of the Customer:

  1. The Customer is obliged to provide accurate information about themselves when receiving the relevant Services.
  2. The Customer undertakes not to reproduce, repeat, copy, sell, or use for any purpose the information and materials that have become available to them in connection with the provision of Services, except for personal use by the Customer themselves without providing any form of access to any third parties.
  3. The Customer undertakes to accept the Services provided by the Service Provider.
  4. The Customer is solely responsible for any content (photos, images, prompts) they upload to the Service, and confirms they have the legal right to use and process such content. The Customer must not upload content that infringes third-party copyrights, contains illegal material, depicts minors in inappropriate contexts, or violates applicable laws.
  5. The Customer has the right to demand a refund from the Service Provider for services not provided, poorly provided services, services provided in violation of deadlines, as well as if the Customer decides to refuse services for reasons not related to breach of obligations by the Service Provider, exclusively on the grounds provided by applicable law.
  6. The Customer guarantees that all terms of the Agreement are clear to them; the Customer accepts the terms without reservations and in full.

4. Price and Payment Procedure

  1. Service costs and payment procedures are determined during order placement or are established on the website: https://painty.cc/
  2. All payments under the Agreement are processed through Polar.sh as merchant of record. Polar.sh handles invoicing, tax compliance, and payment processing on behalf of the Service Provider. Prices are quoted in USD.
  3. Credits are granted to the Customer's account immediately upon successful payment confirmation by Polar.sh.
  4. Subscription plans (if any) renew automatically at the end of each billing period until canceled by the Customer through the Customer Portal accessible at /api/portal.

5. Confidentiality and Security

  1. In implementing this Agreement, the Parties ensure the confidentiality and security of personal data in accordance with applicable data protection laws and regulations.
  2. The Parties undertake to maintain the confidentiality of information received during the execution of this Agreement and to take all possible measures to protect the received information from disclosure.
  3. Detailed information on personal data processing is set out in the Privacy Policy, which is an integral part of this Agreement.

6. Force Majeure

  1. The Parties are released from liability for non-performance or improper performance of obligations under the Agreement if proper performance became impossible due to force majeure, i.e. extraordinary and unavoidable circumstances under these conditions, which include: prohibitory actions of authorities, epidemics, blockade, embargo, earthquakes, floods, fires or other natural disasters.
  2. If these circumstances occur, the Party must notify the other Party within 30 (thirty) business days.
  3. A document issued by an authorized state body is sufficient confirmation of the existence and duration of force majeure.
  4. If force majeure circumstances continue for more than 60 (sixty) business days, each Party has the right to refuse this Agreement unilaterally.

7. Liability of the Parties

  1. In case of non-performance and/or improper performance of their obligations under the Agreement, the Parties bear liability in accordance with the terms of this Offer.
  2. The Service Provider is not liable for non-performance and/or improper performance of obligations under the Agreement if such non-performance and/or improper performance occurred due to the fault of the Customer.
  3. The Service is provided "as is". The Service Provider does not warrant that AI-generated content will meet specific quality expectations, factual accuracy, or aesthetic standards. The Customer acknowledges that AI outputs may contain artifacts, errors or unexpected results.
  4. The Party that has not fulfilled or improperly fulfilled its obligations under the Agreement is obliged to compensate the other Party for losses caused by such violations.

8. Validity Period of this Offer

  1. The Offer comes into force from the moment it is posted on the Service Provider's Website and is valid until it is withdrawn by the Service Provider.
  2. The Service Provider reserves the right to make changes to the terms of the Offer and/or withdraw the Offer at any time at its discretion. Information about changes or withdrawal of the Offer is communicated to the Customer at the choice of the Service Provider by posting on the Service Provider's website, in the Customer's Personal Account, or by sending an appropriate notification to the email specified by the Customer.
  3. The Agreement comes into force from the moment the Customer accepts the terms of the Offer and is valid until the Parties fully fulfill their obligations under the Agreement.
  4. Changes made by the Service Provider to the Agreement and published on the website in the form of an updated Offer are considered accepted by the Customer in full.

9. Additional Terms

  1. The Agreement, its conclusion and execution are governed by the laws of the Republic of Armenia and applicable international treaties. All issues not regulated by this Offer or not fully regulated are governed in accordance with applicable law.
  2. In the event of a dispute that may arise between the Parties during the performance of their obligations under the Agreement concluded under the terms of this Offer, the Parties are obliged to resolve the dispute peacefully before starting legal proceedings. Pre-trial dispute resolution procedure is mandatory.
  3. The Parties have determined English as the language of the Agreement concluded under the terms of this Offer, as well as the language used in any interaction between the Parties (including correspondence, provision of requirements/notifications/clarifications, provision of documents, etc.).
  4. If the Service Provider's Website contains links to other websites and materials of third parties, such links are posted solely for informational purposes, and the Service Provider has no control over the content of such sites or materials. The Service Provider is not responsible for any losses or damages that may arise from the use of such links.

10. Service Provider Details

Legal name: PE (IE) Sholokhov Mikhail

TIN: 20241649

Registration number: 286.1574050

Registered address: 81/1, Manushyan str., Arabkir, Yerevan, 0012, RA (Republic of Armenia)

Contact email: [email protected]

Website: https://painty.cc

Merchant of record: Polar Software Inc. (Polar.sh) — handles payments, invoices and tax compliance on behalf of the Service Provider.