PitaHime Terms of Service

These Terms of Service ("Terms") govern your access to and use of PitaHime, a web-based platform for creating, managing, and streaming Live2D virtual avatar experiences, operated by [LEGAL_ENTITY] ("we", "us", "our") (the "Service"). By creating an account or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

1. Eligibility

You must be at least 13 years old (or the minimum digital consent age in your country) to use the Service. If you use the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

2. Accounts

• You are responsible for safeguarding your account credentials and for all activity under your account.
• You must provide accurate registration information, including a valid email address.
• We may suspend or terminate accounts that violate these Terms.

3. Subscriptions and Billing

• Paid plans are offered on a monthly or yearly subscription basis.
• Payments are processed by Paddle.com, acting as Merchant of Record. Paddle handles payment collection, invoicing, and applicable sales tax / VAT / GST on our behalf.
• Subscriptions automatically renew at the end of each billing cycle unless cancelled before the renewal date.
• You may cancel at any time from your account settings or by contacting support@pitahime.com. Cancellation takes effect at the end of the current billing period; you retain access until then.
• Prices are shown in USD at checkout. Paddle may display localized prices and taxes depending on your location.
• See our Refund Policy (/refund) for refund terms.

4. License to Use the Service

We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for personal or internal business purposes, in accordance with these Terms and your active subscription tier.

5. Your Content

• Your models and assets: You retain all rights to Live2D models, textures, avatars, and other materials you upload ("User Content"). You grant us a worldwide, non-exclusive license to host, store, and process User Content solely as necessary to operate the Service.
• Responsibility: You are solely responsible for User Content and confirm you hold the necessary rights (including any third-party licenses, e.g., Live2D model usage terms) to upload and use it within the Service.

6. Acceptable Use

You agree NOT to:

• Upload or stream content that is illegal, or that infringes intellectual property, privacy, or publicity rights of others;
• Upload sexual content involving minors (in any jurisdiction’s definition) — zero tolerance, immediate termination and legal referral;
• Reverse engineer, scrape, overload, or interfere with the Service or other users;
• Resell, redistribute, or share subscription access or downloaded model files outside the scope of your license;
• Circumvent encryption, access controls, or rate limits of the Service.

7. Model Protection and Download Terms

Downloaded model packages are encrypted and bound to your active subscription session. Redistribution, tampering, or attempted circumvention of these protections is a material breach of these Terms and may result in termination and legal action.

8. Service Availability

We aim for high availability but do not guarantee uninterrupted access. We may modify, suspend, or discontinue parts of the Service with reasonable notice where feasible.

9. Termination

We may suspend or terminate your account for material breach of these Terms, with notice where legally required. Upon termination, your right to use the Service ends; sections 5 (User Content license survives as needed for backups), 10, 11, 12, and 13 survive.

10. Disclaimer of Warranties

The Service is provided "as is" and "as available" without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement, to the maximum extent permitted by law.

11. Limitation of Liability

To the maximum extent permitted by law, [LEGAL_ENTITY] shall not be liable for indirect, incidental, special, consequential, or punitive damages, or for loss of profits, data, or goodwill, arising from your use of the Service. Our aggregate liability shall not exceed the amount you paid us in the 12 months preceding the claim.

12. Changes to These Terms

We may update these Terms. Material changes will be notified by email or in-product notice at least 14 days before taking effect. Continued use after the effective date constitutes acceptance.

13. Governing Law and Disputes

These Terms are governed by the laws of [JURISDICTION — to be confirmed with counsel]. Disputes shall first be attempted to be resolved by good-faith negotiation within 30 days; failing that, they shall be submitted to the exclusive jurisdiction of the courts of [JURISDICTION].

14. Contact

[LEGAL_ENTITY], [ADDRESS] — Email: support@pitahime.com