Terms of Service

Welcome to WarmlyKept. These Terms describe the deal between you and us when you use our site, the Studio, and order any product. By using the site you agree to them; if you don’t, please don’t use it.

1. The service

WarmlyKept turns photos you upload into AI-styled artwork (the “Output”) which you can buy as a digital download or as a printed product (canvas, t-shirt, mug, etc.). Production and shipping of printed products is handled by Gelato.

2. Eligibility

• You must be at least 16 years old to use WarmlyKept.
• If you’re uploading a photo of a minor (child, niece, etc.), you must be their parent or legal guardian.
• You must have legal capacity to enter into a binding contract in the country you live in.

3. Your photo, your responsibility

By uploading a photo to the Studio, you confirm:

• You own the photo, or you have explicit permission from whoever does.
• You have the right to show every person depicted in the photo to an AI service and to have it printed on a product.
• The photo doesn’t infringe anyone else’s copyright, trademark, or other rights.
• The photo doesn’t contain illegal content, including (without limit) child sexual abuse material, non-consensual intimate imagery, or content that incites violence.

If we receive a credible report that your upload violates the above, we’ll remove it and may suspend your account. You keep ownership of the photo throughout — we never claim it.

4. Who owns the AI output

You own the AI-styled artwork generated from your photo, subject to the underlying rights you held in the original.

Be aware that generative AI works probabilistically:

• We cannot guarantee that any Output is unique. Another customer uploading a very similar photo with a very similar prompt could conceivably get a similar-looking result.
• Generative AI cannot be reliably copyrighted in some jurisdictions (e.g. the United States, where the Copyright Office has held that purely AI-generated works are not copyrightable). We can’t advise you on this — talk to a copyright lawyer if you’re relying on the Output commercially.

5. License you grant us

To run the service, you grant WarmlyKept a limited license to:

• Send your photo to OpenAI for AI generation.
• Send the resulting artwork to Dynamic Mockups to render product previews.
• Send the resulting artwork to Replicate (after you pay) to upscale it to print-ready resolution.
• Send the print-ready artwork plus your shipping address to Gelato when you order a printed product.
• Display a watermarked preview of the artwork in your cart, on your order page, and in your account.
• Keep the artwork in our private storage for up to 7 years to support reprints, refunds, and tax records.

This license is non-exclusive (you can do whatever you want with the Output too), royalty-free (we’re not paying you for the rights you grant us, and we’re not paying ourselves either), and limited to running the service.

We will not:

• Use your photo to train AI models.
• Use your artwork in marketing without separately asking your permission.
• Sell your photo or artwork to third parties.

6. Orders, payment, shipping

• Prices are shown in your local currency (AUD / NZD / USD / CAD / GBP), set by Shopify Markets at the time you check out.
• Payment is processed by Shopify. We never see your full card number.
• Printed products ship from a Gelato print partner local to your country (typically 3–5 business days for production, plus local courier delivery time on top).
• Digital downloads are emailed to you once your payment clears (usually within a few minutes).

7. Refunds & reprints

Because each printed product is made-to-order from your unique design, we can’t take generic returns the way mass-market retailers do. We will:

• Reprint or refund any product that arrives damaged or with a print defect, if you tell us within 30 days of delivery and send a photo of the issue.
• Refund digital downloads only if the file fails to deliver or is corrupt.
• Not refund a product because you’ve changed your mind about the AI style — please use the Studio preview to check you’re happy before you check out.

Email refund / reprint requests to hello@warmlykept.com.

8. Free credits, anti-abuse

Anonymous visitors get 3 free AI generations per device. Signed-in customers get 5 more on signup, 3 per day after that, and 3 bonus credits per paid order. We may reduce or revoke credits if we detect abuse (for example, mass account creation, automated requests, or attempts to bypass the watermark on previews).

9. Prohibited uses

Don’t use WarmlyKept to:

• Generate sexual, violent, hateful, or illegal content.
• Generate images of identifiable real people other than yourself (or someone who has explicitly agreed to be in the photo you uploaded) — no celebrity portraits, no deepfakes.
• Recreate copyrighted characters by name (Pikachu, Mickey Mouse, etc.). Our prompt-refinement model will refuse these, and OpenAI may refuse to render them as well.
• Try to bypass our quota system, scrape the service, or run it for somebody else as a paid intermediary without our written permission.

10. AI limitations

Generative AI sometimes produces unexpected results — extra fingers, oddly shaped jewelry, captions in a made-up language, weather that doesn’t match the original season, etc. We don’t guarantee a specific aesthetic outcome. If your first generation isn’t what you wanted, use another credit with a different style or a more specific prompt.

We don’t guarantee the AI will preserve every feature of the original photo. Faces stay recognizable in most cases but the AI may smooth, age, or otherwise transform them. If physical accuracy matters (e.g. an exact medical scar), AI styling probably isn’t the right product for you.

11. Service availability

We aim for high uptime but we don’t guarantee uninterrupted service. Third-party processors (OpenAI, Shopify, Cloudflare, Gelato, etc.) can have outages that affect us. We’re not liable for losses caused by such outages beyond what’s required by law.

12. Limitation of liability

To the maximum extent allowed by law, WarmlyKept’s total liability to you for any claim arising from these Terms or your use of the service is limited to the greater of (a) the total you’ve paid us in the 12 months before the claim arose, and (b) AUD 100.

Nothing in these Terms excludes liability that can’t be excluded under applicable consumer law (e.g. Australian Consumer Law, UK Consumer Rights Act, NZ Consumer Guarantees Act).

13. Changes to these Terms

We may update these Terms. If we change them materially, we’ll notify registered customers by email at least 14 days before the new version takes effect. Your continued use of the site after the effective date means you accept the updated Terms.

14. Governing law

These Terms are governed by the laws of Queensland, Australia, without regard to its conflicts-of-law rules. Disputes are subject to the exclusive jurisdiction of the courts of Queensland, except where mandatory consumer protection law gives you the right to sue in your home country.

15. Contact

Questions about these Terms: hello@warmlykept.com.

Privacy questions are answered in our Privacy Policy or by emailing privacy@warmlykept.com.