Welcome to KPainter. These Terms of Use apply to your access to and use of the KPainter website, web application, paid features, uploads, generations, edits, exports, and related services (collectively, the “Services”).

By accessing or using the Services, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Services.

1. Scope and Contract Formation

The Services are provided by Originwise Inc. (“Originwise,” “we,” “us,” or “our”). Your agreement with us is formed when you first access, register for, log into, purchase, or otherwise use the Services.

Additional service rules, pricing pages, billing notices, promotion rules, community standards, technical restrictions, and feature-specific terms that we publish through the website, product interface, checkout page, campaign page, or related notices form part of these Terms.

2. Eligibility, Accounts, and Security

You represent that you have the legal capacity to enter into these Terms. If your jurisdiction imposes additional rules for minors using online services, you must obtain any required parental or guardian consent; where prohibited by law, you may not use the Services.

You must provide accurate, current, and complete registration and payment information and keep it updated. You are responsible for safeguarding your account, verification codes, credentials, and third-party login authorizations, and you may not sell, lend, transfer, or share your account with unauthorized persons.

To the fullest extent permitted by law, risks and losses arising from poor credential management, insecure devices, phishing, malware, or unauthorized access through your environment are your responsibility, except to the extent mandatory law requires otherwise.

3. Nature of the Service and AI Output Notice

KPainter provides AI-based content generation, editing, transformation, layout, export, and related workflow tools. The Services may rely on third-party models, cloud providers, payment processors, identity providers, delivery infrastructure, security vendors, or browser capabilities.

You understand and agree that AI-generated output may be inaccurate, incomplete, biased, non-unique, misleading, or unsuitable for your purpose. Output is not medical, legal, tax, accounting, financial, investment, educational, psychological, or other professional advice. You are solely responsible for reviewing and validating output before relying on it.

You may not use the Services or any output in high-risk scenarios, including decisions with legal or similarly significant effects on individuals, medical diagnosis, emergency response, unlawful surveillance, discriminatory decision-making, or other prohibited uses, unless we expressly authorize such use in writing and you satisfy all applicable legal requirements.

4. User Content and License

“Input” means any text, image, audio, video, file, link, metadata, prompt, document, or other material you upload, submit, paste, synchronize, or otherwise provide to the Services. “Output” means any material generated, returned, transformed, or edited by the Services based on Input or related instructions. Input and Output together are “User Content.”

You represent and warrant that you have all rights, permissions, consents, and lawful bases necessary to provide and use User Content, and that your User Content and your use of the Services will not infringe any intellectual property, privacy, publicity, personal information, or other rights of any third party or violate applicable law.

To the fullest extent permitted by applicable law, and solely as necessary to provide, maintain, protect, audit, bill, troubleshoot, secure, improve, develop, and train the Services and related models, algorithms, features, and workflows, you grant us a non-exclusive, worldwide, sublicensable, transferable, royalty-free license to use, host, store, copy, process, modify, translate, transform, annotate, evaluate, and analyze Input and any Output required for those purposes.

Where applicable law requires additional consent, opt-out mechanisms, anonymization, or purpose limitation, we will handle User Content in accordance with such law. You understand that, where lawful and consistent with product settings and contractual commitments, we may use User Content or de-identified/aggregated derivatives to improve the Services.

5. Prohibited Conduct

You may not, directly or indirectly:

• use the Services in violation of law, regulation, export control, sanctions rules, or court or administrative orders;
• upload, generate, distribute, or facilitate unlawful, harmful, fraudulent, infringing, harassing, discriminatory, defamatory, misleading deepfake, minor-exploitative, or privacy-invasive content;
• use the Services to develop, train, distill, evaluate, or optimize competing models, services, datasets, or workflows, or circumvent any limits, quotas, security controls, or access restrictions;
• reverse engineer, scrape, mirror, copy, resell, sublicense, disrupt, inject malicious code into, or otherwise impair the stability or security of the Services;
• impersonate others, falsify source or identity, create sham transactions, engage in chargeback abuse, exploit promotions, bypass billing, or profit from bugs or loopholes;
• misrepresent output as entirely human-created where such representation is misleading or legally sensitive.

6. Intellectual Property

Except for the limited right to use the Services expressly granted under these Terms, the Services and all related interfaces, code, designs, trademarks, logos, databases, workflows, templates, prompt libraries, pricing rules, and related intellectual property are owned by us or our licensors.

These Terms do not transfer ownership of any intellectual property to you. We reserve all rights not expressly granted.

7. Paid Services, Credits, and Subscriptions

Certain features require credits, subscriptions, or other paid access. Prices, billing intervals, currency, taxes, promotional conditions, feature scope, validity periods, renewal mechanics, and usage limits are those shown to you at the time of purchase or otherwise displayed in the product.

Unless expressly stated otherwise, credits are a limited internal consumption right for use within the Services only. Credits are not cash, do not accrue interest, are not redeemable, are not transferable, and may not be sold, pooled, or combined across accounts. To the extent permitted by law, we may issue, freeze, deduct, expire, revoke, or adjust credits for security, compliance, system integrity, pricing, package changes, or promotion-rule enforcement.

Subscriptions are generally prepaid and may renew automatically at the selected billing interval until cancelled before the next renewal date. You authorize us and our payment providers to charge the applicable fees, taxes, processing costs, and lawful currency-conversion differences.

If payment fails, your account is delinquent, a chargeback or dispute is initiated, our fraud systems are triggered, or you breach these Terms, we may suspend or restrict access to relevant features, exports, credits, campaigns, or account functionality until the issue is resolved.

8. Refunds, Withdrawal Rights, and Billing Disputes

To the fullest extent permitted by applicable law, all fees are final and non-refundable except where:

• mandatory law gives you a non-waivable refund, withdrawal, cooling-off, or cancellation right;
• we expressly promise a refund in an order page, promotion rule, or written communication; or
• we confirm a duplicate charge, obvious billing error, or another legally refundable case.

To the fullest extent permitted by law, refunds, prorated refunds, or partial refunds are generally unavailable for used credits, partially consumed subscriptions, dissatisfaction, mistaken purchases, failure to review feature descriptions, browser/device/network incompatibility, third-party software conflicts, account sharing, suspension or termination for breach, expiration of promotions, downgrade choices, or unused service time within an active billing cycle.

If you dispute a charge, you must first contact us at support@originwise.ai and provide reasonable order details and supporting materials. If you initiate a chargeback, reversal, or payment dispute before contacting us, we may suspend your account, freeze associated benefits, and require reimbursement of the disputed amount, fees, and our reasonable losses resulting from the dispute process.

Different countries and regions may impose mandatory rules for digital-content cancellation, automatic renewals, consumer withdrawal rights, or refund limitations. If those mandatory rules apply to you, they control to that extent.

9. Service Changes, Interruptions, and Termination

We may change, add, restrict, suspend, or discontinue any part of the Services, including features, models, plans, APIs, export formats, or geographic availability, for product, technical, cost, legal, security, or commercial reasons.

To the fullest extent permitted by law, if you breach these Terms, create security risk, engage in fraud or abuse, fail to pay, initiate bad-faith disputes, infringe third-party rights, or expose us to legal, reputational, or business risk, we may suspend, limit, or terminate your access without prior notice.

After termination, we may retain, delete, anonymize, or otherwise process relevant data, logs, billing records, and backups in accordance with our Privacy Policy and applicable law. Termination does not affect payment obligations, indemnities, limitations of liability, dispute-resolution clauses, or provisions that by their nature survive.

10. Disclaimers and Limitation of Liability

To the fullest extent permitted by law, the Services are provided on an “as is,” “as available” basis without warranties of any kind, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, non-infringement, uninterrupted availability, or compatibility with your environment.

To the fullest extent permitted by law, we are not liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenue, goodwill, opportunity, business, anticipated savings, or data.

To the fullest extent permitted by law, our aggregate liability arising out of or relating to these Terms or the Services will not exceed the total amount you paid us for the relevant Services during the 12 months preceding the event giving rise to the claim. If you have paid us nothing during that period, our total liability is capped at RMB 500 unless mandatory law requires otherwise.

11. Indemnification

You will indemnify, defend, and hold harmless Originwise, its affiliates, officers, employees, partners, licensors, and payment providers from and against claims, investigations, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Services, your User Content, your breach of these Terms, your infringement of third-party rights, or your violation of applicable law.

12. Governing Law, Dispute Resolution, and Mandatory Regional Rules

Except to the extent mandatory law provides otherwise, these Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law rules. Any dispute arising out of or related to these Terms or the Services that cannot be resolved through good-faith consultation shall be resolved exclusively in the state or federal courts located in the State of Delaware, and each party consents to the jurisdiction of those courts.

If the consumer-protection, privacy, automatic-renewal, digital-content withdrawal, or unfair-term laws of your country or region give you additional non-waivable rights, those mandatory rules prevail to the extent they apply, and the remainder of these Terms remains in force.

13. Updates and Interpretation

We may update these Terms from time to time for business, legal, regulatory, product, billing, or security reasons. Updated Terms become effective when posted or on the date stated in the relevant notice. Where required by law, we will provide additional notice.

To the fullest extent permitted by law, we reserve the final reasonable right to interpret and apply these Terms, service rules, promotion rules, credit rules, pricing rules, risk-control rules, and feature-eligibility conditions; however, this does not limit your mandatory legal rights, the authority of regulators, or the final adjudicatory power of a competent court or tribunal.

14. Contact Us

If you have questions about these Terms, orders, billing, refund requests, or disputes, contact us at support@originwise.ai.