TERMS OF SERVICE / PUBLIC OFFER
Effective Date: 2025
These Terms of Service constitute a legally binding agreement between you (“User”) and Black Pixel AI Inc. (“Company”) governing the use of the website https://everstory-ai.com and related services (the “Services”).
By accessing or using the Services, you confirm your full acceptance of these Terms. If you do not agree with any provision of these Terms, you must not use the Services.

1. Company Information
Black Pixel AI Inc.
200 Continental Drive, Suite 40
Newark, DE 19713, United States
Email: official@blackpixel.ai
Website: https://everstory-ai.com

2. Description of ServicesThe Company provides digital and physical personalized products, including but not limited to AR photo books, animated memory cards, and voice-enabled photo products, created using photos, audio, video, and text provided by the User.
The Company reserves the right to modify, suspend, or discontinue any part of the Services at any time.

3. EligibilityOnly individuals who are at least 18 years old may use the Services. By using the Services, you confirm that you meet this requirement and have full legal capacity to enter into this agreement.

4. User Content and LicenseYou retain full ownership of any photos, audio, video, and text that you upload to the Services (“User Content”). By uploading such content, you grant the Company a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, animate, print, store, and deliver such content solely for the purpose of fulfilling your order, providing customer support, performing quality control, and enabling repeat orders.
The Company shall not use your identifiable User Content for advertising or promotional purposes without your explicit written consent.

5. PaymentsAll payments are processed through Stripe or other authorized payment processors. All prices are displayed in U.S. dollars unless otherwise stated. Production of personalized products begins only after full payment has been successfully completed.

6. Storage of User Content and Repeat OrdersUser Content, including photographs, audio recordings, videos, and project data, is stored only for as long as reasonably necessary for the purposes of repeat orders, customer order history, technical support, quality control, and legal compliance, unless the User submits a deletion request.

7. Refund PolicyDue to the personalized nature of the products, refunds are only available if the delivered product is defective or does not materially match the confirmed order. All claims must be submitted within seven (7) calendar days from the date of delivery and must be supported by photographic evidence.

8. Prohibited ContentThe User agrees not to upload any content that is illegal, infringes intellectual property rights, contains sexual content involving minors, promotes violence or hatred, contains malware, or otherwise violates applicable law. The Company reserves the right to refuse processing of any order that violates these rules.

9. AI, AR, AND AUTOMATED PROCESSING DISCLAIMERThe User acknowledges and agrees that certain Services involve automated processing, artificial intelligence, animation, and augmented reality technologies. The visual and aesthetic results may vary due to technical limitations. The Company does not guarantee any specific artistic or visual outcome beyond technical compliance with the order specifications.

10. Disclaimer of WarrantiesThe Services are provided on an “as is” and “as available” basis, without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, accuracy, or non-infringement.

11. Limitation of LiabilityTo the maximum extent permitted by law, the Company’s total liability for any claim arising out of or related to the Services shall not exceed the total amount actually paid by the User for the relevant order.

12. IndemnificationThe User agrees to indemnify, defend, and hold harmless the Company, its officers, directors, employees, and partners from and against any claims, damages, losses, liabilities, and expenses (including legal fees) arising from the User’s violation of these Terms, misuse of the Services, or infringement of any third-party rights, including intellectual property rights.

13. TerminationThe Company reserves the right to suspend or terminate the User’s access to the Services at any time, without notice, in the event of a violation of these Terms or applicable law.

14. Governing Law and JurisdictionThese Terms shall be governed by and interpreted in accordance with the laws of the State of Delaware, United States of America. Any disputes shall be resolved exclusively in the state or federal courts located in the State of Delaware.

15. AmendmentsThe Company reserves the right to modify these Terms at any time. Updated Terms become effective upon publication on the website. Continued use of the Services after publication constitutes acceptance of the updated Terms.