Terms of Use

CACTUSPAINTS provides AI-generated caricature artwork. You upload a photograph and select options describing how you would like it drawn; our system generates a caricature illustration from that input using a third-party artificial-intelligence image model, and makes the resulting file available for you to download from your account.

All artwork is generated by artificial intelligence. No human artist draws, retouches or reviews your caricature. Output is produced automatically and will vary in quality and likeness depending on the photograph you supply and the options you select.

Our Services are digital only. We do not print, frame, ship or otherwise supply any physical goods.

You must create an account and verify your email address to use the Services. You must be at least 18 years old, or the age of majority where you live, whichever is greater.

You are responsible for keeping your password confidential and for all activity that takes place under your account. Tell us at contact@cactuspaints.com immediately if you believe your account has been accessed without your permission.

One person may hold one account. Creating additional accounts to claim the free welcome credit more than once is a breach of these Terms, and we may suspend accounts and cancel credits obtained that way.

The Services are paid for with credits. One credit generates one caricature. Credits are purchased in packs; current prices are shown on the credits page and may change at any time, though a change never affects credits you have already bought.

New accounts receive one free credit when they verify their email address. The free credit is granted once per account and carries no cash value.

Credits do not expire while your account is open and in good standing. Credits are not money, cannot be transferred between accounts, and cannot be exchanged for cash except where our Refund Policy or the law requires it.

A credit is deducted when a generation begins. If a generation does not complete successfully, the credit is returned to your account automatically. You are charged only for artwork you actually receive.

Credit purchases are processed by PayPal. We do not receive or store your card number or bank credentials. Your purchase is also subject to PayPal's own terms.

Prices are shown in US dollars and, unless stated otherwise, exclude any taxes that may apply where you live. Credits are added to your account as soon as PayPal confirms the payment.

You keep ownership of every photograph you upload. By uploading, you grant us a limited, worldwide, royalty-free licence to store and process that photograph, and to transmit it to our AI provider, for the sole purpose of generating your caricature and delivering it to you. That licence ends when the file is deleted.

You must have the right to upload every photograph you submit, including the consent of every identifiable person appearing in it. Do not upload photographs of other people without their permission, and do not upload photographs of children who are not in your care.

We never use your photographs or your generated artwork to train AI models, and we never use them in our marketing without asking you first.

You agree not to use the Services to create, and not to upload material intended to create:

• sexual or nude imagery, or any depiction of a minor in a sexual context;
• content depicting or promoting violence, self-harm, terrorism, or hatred against a group;
• content designed to harass, defame, humiliate, threaten or bully an identifiable person;
• political disinformation, fake news imagery, or anything presented as a genuine photograph of something that did not happen;
• imagery that infringes anyone's copyright, trade mark, or likeness rights, including photographs of public figures used without a lawful basis;
• anything unlawful where you are, or where we operate.

Our AI provider also applies its own automated content filters. A generation may be declined by those filters even where you believe it is acceptable; where that happens the credit is returned to you.

You also agree not to resell or redistribute access to the Services, not to attempt to extract our prompts or reverse-engineer the system, and not to use automated means to place generations beyond the rate limits published in your account.

Subject to your having paid for it and having complied with these Terms, you may use the caricatures you generate for personal and commercial purposes: printing, sharing, merchandise, marketing and resale of the image are all permitted.

Note that the legal status of copyright in purely AI-generated images is unsettled in many jurisdictions, and in the United States material generated without human authorship may not be protected by copyright at all. We therefore grant you every right we hold in the output and place no restriction on your use of it, but we cannot promise you an enforceable copyright in the artwork, and we cannot promise that a visually similar image will not be generated for someone else.

We retain ownership of the Services themselves — the site, our software, our prompts and our brand.

The Services depend on a third-party AI image provider. If that provider is unavailable, changes its models, alters its content policies, or discontinues its service, our Services may be interrupted, degraded or changed. We will make reasonable efforts to restore service or find an alternative provider, but we do not guarantee uninterrupted availability.

We may change, suspend or discontinue any part of the Services. If we permanently discontinue the Services, we will give you reasonable notice and refund the value of any unused credits on your account.

You may close your account at any time by contacting us. We may suspend or close an account that breaches these Terms, that we reasonably believe is being used fraudulently, or where required by law.

If we close your account for a breach of the Acceptable Use section, unused credits are forfeited. If we close it for any other reason, we will refund the value of unused credits.

The Services are provided "as is". We do not warrant that any particular caricature will resemble the person in your photograph, meet your expectations, or be suitable for any specific purpose. AI output is probabilistic; results vary, and a poor result is not by itself a defect. Our Refund Policy explains what we do when a generation goes wrong.

To the fullest extent permitted by law, we disclaim all implied warranties, including merchantability and fitness for a particular purpose.

To the fullest extent permitted by law, CACTUS PAL LLC will not be liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or goodwill, arising from your use of the Services.

Our total liability arising out of or relating to the Services is limited to the greater of (a) the total amount you paid us in the twelve months before the event giving rise to the claim, or (b) fifty US dollars.

Nothing in these Terms limits liability that cannot lawfully be limited, including liability for death or personal injury caused by negligence, or for fraud.

You agree to indemnify CACTUS PAL LLC against any claim, loss or expense arising from a photograph you uploaded without the necessary rights or consents, or from your use of generated artwork in breach of these Terms.

We may update these Terms. The "last updated" date above always reflects the current version. If a change materially reduces your rights, we will notify account holders by email before it takes effect. Continuing to use the Services after that point means you accept the updated Terms.

These Terms are governed by the laws of New Mexico, United States, without regard to conflict-of-law rules. The courts of that jurisdiction have exclusive jurisdiction over any dispute, except that either party may seek injunctive relief in any competent court.

If you are a consumer resident in the European Union or the United Kingdom, this clause does not deprive you of the protection of the mandatory consumer law of your country of residence.

CACTUS PAL LLC, trading as CACTUSPAINTS
8206 Louisiana Blvd Ne, Ste A Albuquerque NM 87113, United States
contact@cactuspaints.com