Terms of Service

1. Introduction

Welcome to PandaVision ("Platform"), a product and service operated by Casa Lunera ("we," "us," or "our"), a company incorporated in Victoria, Australia.

By creating an account, accessing, or using PandaVision Studio and our related AI generation tools (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must not access or use the Services.

2. Eligibility and Authority

• Age Requirement: You must be at least 13 years old to use the Services. If you are under 18, you represent that you have your parent or guardian’s permission to use the Services.
• B2B Use: If you are using the Services on behalf of a business or entity, you represent that you have the authority to bind that entity to these Terms.

3. Account Security (ISO 27001 Compliance)

To maintain the integrity and security of the Platform in alignment with ISO/IEC 27001 standards, you agree to:

• Credential Protection: Keep your login credentials (password, OAuth tokens) confidential. You are responsible for all activity that occurs under your account.
• No Sharing: Do not share your account access with others.
• Immediate Notification: Notify us immediately at operations@casalunera.com if you suspect unauthorized access to your account.

4. User Content and AI Generations

4.1 Your Content (Input)

You retain all ownership rights to the text prompts, images, audio, and video files you upload to the Platform ("Input Data"). By uploading Input Data, you grant Casa Lunera a worldwide, non-exclusive, royalty-free license to process, host, and reproduce the Input Data solely for the purpose of generating your requested output.

4.2 AI-Generated Output

Subject to your compliance with these Terms:

• Ownership: You own all rights, title, and interest in the content generated by the Services using your Input Data ("Output").
• Commercial Use: You are free to use your Output for personal or commercial purposes, subject to applicable laws.
• No Model Training: We do not claim ownership of your Output, nor do we use your Output to train our internal AI foundation models.

4.3 Third-Party AI Models

The Services integrate with third-party AI providers (e.g., Google Gemini, Veo, ElevenLabs). You acknowledge that your Input Data may be processed by these third parties strictly for the purpose of inference (generation).

5. Acceptable Use Policy

You agree NOT to use PandaVision to:

1. Generate Child Sexual Abuse Material (CSAM) or any content that exploits or harms minors.
2. Generate non-consensual sexual content (e.g., "deepfakes").
3. Infringe upon the intellectual property, privacy, or publicity rights of others.
4. Generate content that promotes violence, hate speech, or illegal acts.
5. Attempt to reverse engineer, scrape, or disrupt the integrity of the Platform.

Enforcement: We reserve the right to suspend or terminate your account immediately, without refund, if you violate this policy. We may report illegal content to law enforcement agencies as required by Australian and international law.

6. Fees and Payment

• Subscriptions: Paid services are billed in advance on a recurring basis (monthly or annually).
• Payment Processors: Payments are processed via secure third-party providers (e.g., Stripe). We do not store your credit card details.
• Cancellations: You may cancel your subscription at any time. Your access will continue until the end of the current billing cycle.
• Refunds: Refunds are provided at our discretion or where required by the Australian Consumer Law.

7. Limitation of Liability

To the maximum extent permitted by applicable law, including the Competition and Consumer Act 2010 (Cth):

• "As Is" Basis: The Services are provided "as is" and "as available" without warranties of any kind, whether express or implied.
• No Consequential Damages: Casa Lunera shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, use, or goodwill.
• Liability Cap: Our total liability to you for any claims arising out of these Terms or the Services shall not exceed the amount you paid us in the 12 months preceding the claim.

Australian Consumer Law Notice: Nothing in these Terms excludes, restricts, or modifies any guarantee, warranty, term, or remedy implied or imposed by the Australian Consumer Law which cannot be lawfully excluded or limited.

8. Indemnification

You agree to indemnify, defend, and hold harmless Casa Lunera, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including legal fees) arising out of:

• Your violation of these Terms.
• Your violation of any third-party right, including intellectual property or privacy rights.
• Your use of the Output generated by the Services.

9. Governing Law and Dispute Resolution

• Governing Law: These Terms are governed by the laws of Victoria, Australia.
• Jurisdiction: You agree to submit to the exclusive jurisdiction of the courts located in Victoria, Australia, for the resolution of any disputes.
• Amicable Resolution: Before filing a claim, you agree to try to resolve the dispute informally by contacting operations@casalunera.com.

10. Modifications to Terms

We may revise these Terms from time to time to reflect changes in the law, our Services, or our business practices.

• Notification: We will provide notice of material changes via email or a prominent notification on the Platform.
• Continued Use: Your continued use of the Services after the effective date of the revised Terms constitutes your acceptance of the changes.

11. Contact Information

For legal inquiries or questions regarding these Terms, please contact: