Terms of Service

1. Agreement and parties

These Terms are a contract between you and the individual developer (sole proprietor) who develops and operates DeskSprite under the laws of China ("DeskSprite", "we", "us").

• Minimum age. You must be at least 13 years old to use the service. If you are below the age of legal majority in your jurisdiction, you may use the service only with the permission and supervision of a parent or legal guardian, and purchases may only be made by an adult or with their authorization.
• Related documents. These Terms incorporate our Privacy Policy, Acceptable Use Policy and Refund Policy. Together they form the entire agreement between you and us regarding the service, and they supersede any prior arrangements.

2. The service

DeskSprite consists of a desktop pet application for Windows and macOS, and a website for browsing, purchasing and account management. All paid products are AI digital products: entitlements (member pets, memberships, AI customization quota) and AI-generated content (custom pets) are created and made available to you immediately and automatically upon payment. No physical goods are shipped.

3. Accounts

• You sign in with Google; we receive your email, display name and profile picture (see the Privacy Policy).
• You must provide accurate information and keep your Google account secure. You are responsible for all activity under your account.
• Accounts are personal and must not be transferred or sold. Entitlements (pets, memberships, quota) are tied to your account.
• We may suspend or restrict an account that violates these Terms, is used fraudulently, or creates security or legal risk (see section 13).

4. Products, pricing and plans

We operate a hybrid billing model: auto-renewing subscriptions plus one-time purchases.

• Membership subscription. A recurring plan that unlocks all premium pets and includes AI customization quota. The billing period (for example monthly or yearly) and the exact price are shown at checkout before you pay. Your subscription automatically renews each period until cancelled (see sections 5 and 6).
• Lifetime membership. A one-time purchase that permanently unlocks all premium pets, including AI customization quota as described on the pricing page. It never renews.
• AI customization quota. Quota included with a membership is granted when you purchase. Additional quota may also be purchased or granted separately. All quota goes into a single balance that accumulates and never expires while your account exists. Using the AI customization feature itself requires an active membership; each generation consumes one credit from your balance.
• Custom pets and membership status. AI-generated custom pets remain tied to an active membership: when a membership ends, they lock, and everything is restored automatically when you subscribe again. This is described on the pricing page before purchase.
• Prices and taxes. All prices are shown on the pricing page and at checkout before you pay. Unless stated otherwise, prices exclude any applicable taxes, which you are responsible for where they apply.
• Price changes. We may change prices prospectively with at least 14 days' notice (section 15). Changes never affect the period you have already paid for.

5. Payment, authorization and recurring billing

Payments are processed by our payment processor, Waffo Pancake. Card data is handled on their PCI-DSS-compliant checkout and is never stored on our servers.

1. Auto-renewal authorization. When you purchase a subscription, you expressly authorize us to charge your saved payment method automatically at the start of each billing period, at the then-current rate, until you cancel. You will always see the amount before each purchase; the charge itself happens automatically under this authorization.
2. One-time purchases. Lifetime memberships and separately purchased AI customization quota are charged once, at the moment of purchase. There is no auto-top-up or re-order for one-time products: nothing is ever charged again without a new purchase you initiate.
3. Taxes. Unless stated otherwise at checkout, prices exclude applicable taxes; where such taxes apply, they are your responsibility and we may collect them as required by law.

6. Cancelling your subscription

• You can cancel auto-renewal at any time from the client ("Account → My membership → Manage subscription") or by contacting us (section 16). No reason is required.
• Cancelling stops future charges only. Your benefits stay active until the end of the period you have already paid for; after that, the subscription simply does not renew.

7. Refunds

Our Refund Policy — incorporated into these Terms — governs refunds. In summary:

• 7-day unused-benefit guarantee. If you have not used any benefit of a membership purchase (including unlocking a member pet or submitting an AI customization), you can request a full refund within 7 days of the charge. This applies to first purchases, renewal charges made by mistake, and lifetime memberships.
• AI customization quota. Purchased quota that has not yet been used to generate a pet can be refunded under the same 7-day rules as the membership it belongs to. Once generation has started, the service is deemed delivered and is non-refundable, even if you are not satisfied with the result.
• Failed generations. If a generation job fails on our side, the quota is returned to your balance automatically.
• Duplicate charges. If you are ever charged twice for the same subscription period by our error, the duplicate charge is refunded in full.
• EU statutory withdrawal. If you purchase from the EU/UK, you have a statutory 14-day right of withdrawal for digital services. By purchasing a subscription, you expressly consent to immediate performance and acknowledge that this right is lost once the service has been fully delivered — for a subscription, after the initial period has started and you have used any benefit.

A refund removes the entitlements bought with the refunded order, as if the membership had expired. Where mandatory consumer law grants you rights beyond this section, the law prevails.

8. Billing disputes

If you do not recognize a charge or believe it was wrong, contact us first (section 16) — ideally within 60 days of the charge. We will investigate in good faith and reply within 2 business days. Raising a chargeback with your bank without first contacting us may result in entitlements being suspended until the dispute is resolved.

9. AI-generated content and intellectual property

• Our service. The DeskSprite application, website, built-in pets and all related content are our intellectual property (or our licensors'). We grant you a personal, non-exclusive, non-transferable right to use them as intended by the service.
• Your inputs. You keep ownership of the photos and text you submit for customization. You grant us only the limited, revocable license needed to process them to generate your pet (including transmitting them to third-party AI providers). You confirm that you have the necessary rights to your submissions — in particular for photos of people, that you have their consent.
• Outputs. Subject to these Terms and to payment, you may use the custom pets generated for you for personal use within the DeskSprite application. Access to custom pets is tied to your membership status (section 4).
• No training on your data. We do not use your inputs or outputs to train our own or third-party AI models, and we do not authorize you to use the service's outputs to train competing products.
• Generation is stochastic. AI generation is probabilistic: results may vary between runs and may not match your expectations. You can re-run customization with new inputs while quota remains. A failed job (on our side) returns your quota automatically and is not a successful delivery.
• Third-party models. Generation relies on third-party AI services (image generation via the gpt-image-2 model accessed through API service providers; video generation via Seedance models on ByteDance's Volcano Engine), which are subject to their own terms.

10. Acceptable use and content standards

AI customization inputs and outputs must comply with our Acceptable Use Policy, which is incorporated into these Terms. In particular, generating content in the following categories is strictly prohibited:

1. Sexual / NSFW content;
2. Violence and gore;
3. Hate speech and harassment;
4. Child safety violations, including any sexualization of minors (CSAM);
5. Deepfakes and impersonation of real people without their consent;
6. Copyright or trademark infringement.

Zero-tolerance content (such as CSAM) leads to an immediate permanent ban and, where required by law, a report to the authorities. To report violating content, email [email protected] (subject "Report") or use the Feedback page; the Acceptable Use Policy describes our moderation process and response times.

You also agree not to:

• Upload malware, probe or disrupt the service, or access it in unauthorized ways (including automated scraping or bypassing technical limits);
• Reverse engineer the application except where permitted by mandatory law;
• Resell, share or transfer accounts or entitlements, or circumvent purchase and quota rules;
• Abuse refunds or chargebacks, or otherwise violate card-network rules;
• Use the service in violation of applicable laws.

11. Data, privacy and security

• Our handling of personal data is described in the Privacy Policy: https://desksprite.com/privacy.
• Payments are processed by Waffo Pancake on a PCI-DSS-compliant checkout; card data is never stored on our servers.
• When your account is terminated or deleted, account data is retained for up to 90 days and then deleted, except where longer retention is required by law.
• In case of a personal data breach, we notify affected users and the competent authority without undue delay, aiming for 72 hours (see the Privacy Policy, section 6).

12. Disclaimer of warranties; limitation of liability

The service is provided "as is" and "as available" to the extent permitted by law. We do not promise that it will be uninterrupted or error-free, or that AI-generated content will meet your expectations (see section 9).

To the extent permitted by law, neither party is liable for indirect, incidental or consequential damages. Our total liability for any claim is limited to the greater of: the amount you paid us in the 12 months before the claim, or the amount you paid for the order giving rise to the claim. Nothing in these Terms limits liability that cannot be limited by law (including for intent, gross negligence, or statutory consumer rights).

13. Term and termination

• These Terms apply while you use the service. You may stop at any time and request account deletion (section 16; see the Privacy Policy on what deletion means).
• We may suspend or terminate an account for material breach of these Terms (for example section 10) or fraud. We will give notice where practicable.
• If we terminate your paid subscription without cause, we refund the unused portion of the current period pro rata.
• Sections 9, 11, 12 and 14 survive termination.

14. Governing law and dispute resolution

These Terms are governed by the laws of China, excluding conflict-of-law rules. Before starting formal proceedings, please contact us first (section 16): we commit to working in good faith toward a resolution for at least 30 days. Nothing here deprives consumers of the right to bring claims before the courts of their place of residence where mandatory law so provides.

15. Changes to these Terms

We may update these Terms as the service evolves. If a change materially reduces your rights, we will announce it via the website (and, for subscribers, in the app) at least 14 days before it takes effect, with a new version number and effective date. If you do not agree to the updated Terms, you may cancel your subscription before the effective date; continued use after that date means you accept them.

16. Contact us