Terms of Service

Welcome to Cherished Memories Studio.

These Terms of Service (“Terms”) govern your access to and use of the website, online store, platform, products, services, tools, and other offerings provided by Layer3D Solutions, Inc., doing business as Cherished Memories Studio.

Throughout these Terms, “Cherished Memories Studio,” “we,” “us,” and “our” refer to Cherished Memories Studio and/or Layer3D Solutions, Inc.

Our Services may rely in part on Shopify and other third-party technology, infrastructure, payment, production, artificial intelligence, and service providers.

By accessing, browsing, registering for, purchasing from, or otherwise using any portion of our Services, you agree to these Terms, our Privacy Policy, Refund Policy, Shipping Policy, and any other policies or rules incorporated into these Terms by reference.

If you do not agree to these Terms, you may not access or use our Services.

1. Eligibility and Accounts

By accessing or using our Services, you confirm that:

You are at least the age of majority in your jurisdiction, or you otherwise have the legal authority and any required consent to use the Services;
All information you provide to us is truthful, accurate, current, and complete;
You will keep your account credentials secure and confidential; and
You are responsible for activity conducted through your account.

Your account is personal to you. You may not sell, transfer, assign, sublicense, or otherwise provide your account to another person without our prior written authorization.

2. Our Services

Cherished Memories Studio offers a variety of digital and physical products and related services. Depending on the product or feature you select, our Services may include:

AI-generated or otherwise digitally generated content created through our platform;
Credits, tokens, prepaid balances, subscriptions, or other usage-based features;
Customized digital products that may involve AI processing and human artist involvement;
Personalized physical products based on designs, models, images, or other customer-selected materials;
Product previews, renderings, customization tools, and related features; and
Other services, products, or features that we may introduce in the future.

Not every digital result is intended to be production-ready. Certain outputs may constitute previews, concepts, drafts, or preliminary digital results. Depending on the product, additional artist involvement, technical refinement, optimization, formatting, or physical manufacturing may be required before a final product can be delivered.

3. Customer Content and Uploaded Materials

Our Services may allow you to upload, submit, transmit, or otherwise provide materials to us. These materials may include photographs, prompts, written descriptions, artwork, references, likenesses, character information, logos, trademarks, brand assets, files, and other materials (collectively, “Customer Content”).

3.1 Your Responsibilities Regarding Customer Content

By submitting Customer Content, you represent and warrant that:

You own the Customer Content or have obtained all rights, licenses, permissions, and authorizations necessary for us to use it as contemplated by these Terms;
Your Customer Content does not violate or infringe any copyright, trademark, patent, privacy, publicity, contractual, or other rights belonging to another person or entity;
If your Customer Content contains or depicts another person, you have obtained any consent or authorization required for us to process and use that material for the purposes described in these Terms;
You will not submit photographs depicting minors unless you are the minor’s parent or legal guardian and are authorized to provide the material;
You will not submit identifiable images or likenesses of celebrities, public figures, or other individuals whose rights of publicity may be implicated unless you have obtained appropriate written authorization;
Your Customer Content complies with all applicable laws; and
Your Customer Content does not otherwise violate these Terms.

You are solely responsible for ensuring that you have the necessary rights and permissions before submitting any material to us.

3.2 Permission to Process Customer Content

When you submit Customer Content, you grant Cherished Memories Studio and Layer3D Solutions, Inc. a non-exclusive, worldwide, royalty-free license to access, host, store, reproduce, copy, transmit, modify, adapt, process, and create derivative versions of that Customer Content as reasonably necessary to operate and provide the Services.

This permission includes the ability to provide relevant Customer Content to third-party service providers, artists, contractors, AI providers, manufacturers, production companies, fulfillment providers, and other partners when doing so is necessary to create, process, complete, deliver, or support the product or service you requested.

The license described above is limited to the purposes of providing and operating the Services and fulfilling your orders.

When you stop using the Services, we will not use your Customer Content to initiate new processing solely for the purpose of providing Services to you. However, we may retain copies when reasonably necessary for legal compliance, recordkeeping, security, fraud prevention, dispute resolution, enforcement of our agreements, or other purposes described in our Privacy Policy.

3.3 Marketing and Promotional Use

We may occasionally ask you for separate permission to use a particular product, image, or output created from your Customer Content for promotional or marketing purposes.

Examples may include displaying a output in our online gallery, website, social media, advertisements, promotional materials, or other marketing channels.

We will only use identifiable Customer-Specific Outputs for these purposes when you have provided the applicable separate consent, except where the material has been fully anonymized and no identifiable likeness or personal information remains.

3.4 Content We May Reject

We reserve the right to decline, restrict, suspend, remove, or refuse to process any Customer Content that we reasonably believe:

Violates these Terms;
Violates applicable law;
Infringes the rights of another person or business;
Creates a security or operational risk; or
Could expose us or our partners to legal liability.

We may take such action with or without prior notice where reasonably necessary.

4. Products, Outputs, and Product Variations

We make reasonable efforts to accurately describe and display our products and Services. However, because some of our products involve artificial intelligence, digital rendering, human artistic interpretation, or physical manufacturing, results may vary.

You acknowledge that:

AI-generated content can differ from one generation to another;
Some instant digital outputs may be preliminary and not suitable for production;
Artist-assisted products may involve subjective artistic interpretation;
Digital previews and renderings may differ from final products;
Physical products may differ from digital previews;
Colors may appear differently depending on displays and device settings;
Physical materials, manufacturing processes, printing techniques, and production tolerances may affect the final appearance; and
Unless expressly stated otherwise, we do not guarantee that an output will be compatible with a particular third-party platform, software application, game engine, printer, marketplace, or commercial use.

A preview, rendering, or example image should not be understood as a guarantee that the final digital or physical product will be identical in every respect.

4.1 AI-Generated Content

You understand that some of our Services use artificial intelligence and machine learning systems.

Because these systems generate content algorithmically:

Results may contain errors, distortions, artifacts, or unexpected features;
An output may coincidentally resemble an existing work, person, character, style, or other third-party material;
Certain outputs may not be appropriate for every commercial application;
Third-party platforms may apply their own content, copyright, trademark, or automated rights-management policies;
Audio, music, video, images, or other generated material may occasionally trigger automated claims or content restrictions on third-party services; and
We cannot control how third-party platforms evaluate, classify, restrict, or accept generated content.

You are responsible for reviewing your output before using, publishing, selling, distributing, or otherwise making it available to others.

You are also responsible for ensuring that your intended use complies with applicable laws and the rules, policies, and terms of any third-party platform where you use or distribute the output.

We do not guarantee that AI-generated content will be free of errors, third-party claims, automated platform restrictions, or other unexpected results.

5. Orders and Order Acceptance

Submitting an order through our Services constitutes your request to purchase the selected products or Services. An order is not necessarily accepted simply because you receive an order confirmation or because your payment method has been authorized.

We reserve the right to accept, decline, limit, or cancel an order at our discretion, subject to applicable law.

Reasons for cancellation or refusal may include:

Incorrect or incomplete information;
Suspected fraud or unauthorized activity;
Abuse or misuse of our Services;
Prohibited or unlawful Customer Content;
Technical or system errors;
Product or service availability;
Compliance requirements;
Legal or regulatory concerns; or
Other legitimate business reasons.

Your purchases are also subject to our applicable Refund Policy and Shipping Policy.

6. Credits, Digital Products, and Custom Orders

Certain products and Services offered by Cherished Memories Studio are customized or digitally generated and therefore may be subject to different cancellation and refund rules than ordinary retail products.

6.1 Credits and Prepaid Services

Credits, tokens, prepaid balances, usage packages, subscriptions, and similar purchases are generally non-refundable once purchased, except where a refund is required by law or where we determine that a billing error attributable to us occurred.

6.2 Instant Digital Outputs

Digital content generated immediately through the platform is generally non-refundable once the generation process has begun or the output has been rendered, displayed, processed, downloaded, or otherwise made available to you.

6.3 Production-Ready Digital Products

Production-ready customized digital products may require AI processing, artist time, internal project assignment, editing, technical refinement, quality control, and other work specifically associated with your order.

Because these products are customized, they are generally non-refundable once production or other substantive work has begun.

6.4 Customized Physical Products

Customized physical products are produced specifically for you and are generally non-refundable once manufacturing, printing, fabrication, or other physical production has started.

6.5 Order Cancellation

Requests to cancel a customized order should generally be submitted within twenty-four (24) hours of placing the order.

Submitting a cancellation request within twenty-four (24) hours does not automatically guarantee a full refund.

The amount, if any, that may be refunded will depend on whether work has already begun, including artist assignment, AI processing, customization, technical preparation, manufacturing, or other production activities.

Please refer to our Refund Policy for the complete cancellation and refund terms applicable to your purchase.

7. Prices, Payments, and Billing

Prices, product availability, discounts, promotions, and other commercial terms may change at any time unless otherwise required by law.

Unless specifically stated otherwise, listed prices may not include:

Sales or other applicable taxes;
Shipping charges;
Customs duties;
Import fees; or
Other governmental or third-party charges.

You agree to provide accurate and complete billing information and to maintain current payment information for your account.

By submitting a payment method, you authorize us or our authorized payment processor to charge the applicable amount for your purchase.

If we discover a billing error attributable to us, we will investigate the issue and, where appropriate, correct the error or provide an applicable adjustment.

8. Shipping and Delivery

Any delivery dates or timeframes provided by Cherished Memories Studio are estimates unless we expressly state otherwise in writing.

We are not responsible for delays resulting from circumstances outside our reasonable control, including:

Carrier delays;
Customs processing;
Supplier delays;
Manufacturing delays;
Shipping interruptions;
Natural disasters;
Government actions;
Severe weather;
Labor disruptions; or
Other force majeure events.

Ownership and risk of loss for physical products will transfer in accordance with applicable law and the shipping terms associated with the applicable order.

Please review our Shipping Policy for additional information regarding delivery.

9. Intellectual Property

9.1 Our Intellectual Property

All intellectual property rights associated with Cherished Memories Studio and its Services remain owned by us or our licensors unless expressly stated otherwise.

This includes, among other things:

Our website;
Platform software;
Applications and interfaces;
Tools and functionality;
Source code;
Branding;
Trade names;
Logos;
Trademarks;
Graphics;
Written content;
Templates;
Designs;
Pre-existing digital assets;
Platform components; and
Other proprietary materials.

Except where expressly permitted by these Terms or applicable law, you may not:

Copy, reproduce, modify, republish, distribute, or create derivative works from our Services;
Scrape, extract, harvest, or systematically collect information or content from our Services;
Use automated bots, crawlers, or similar systems to access our Services without our written authorization;
Reverse engineer, decompile, disassemble, or attempt to discover the source code, underlying models, or technical architecture of our Services; or
Use our Services, proprietary materials, or outputs to develop or train a competing artificial intelligence or machine learning system unless we have expressly authorized such use in writing.

9.2 Ownership of Customized Outputs

Subject to your payment in full, compliance with these Terms, and any product-specific restrictions disclosed at the time of purchase, you retain ownership of digital outputs and physical products specifically created for you through a paid order (“Customer-Specific Outputs”), to the extent ownership of those materials is legally available.

For clarity:

You may generally use Customer-Specific Outputs for personal purposes and, unless otherwise restricted, commercial purposes;
We do not claim ownership of copyright in Customer-Specific Outputs solely because we created or processed them for you;
Our pre-existing intellectual property, including templates, base assets, software, rigs, systems, designs, tools, and platform components, remains our property or the property of our licensors;
Any of our pre-existing intellectual property incorporated into a Customer-Specific Output is provided to you only as part of the applicable output and on a non-exclusive basis for your permitted use of that output;
Third-party AI providers, asset libraries, software providers, or licensors may impose additional terms or restrictions on certain components, and you agree to comply with those requirements;
Certain outputs may contain attribution, watermarking, technical metadata, or other markings required by us or an upstream provider; and
You may not use a Customer-Specific Output in a manner that violates applicable law, infringes another party’s rights, or violates these Terms.

We may retain and use Customer-Specific Outputs internally when reasonably necessary for recordkeeping, security, fraud prevention, customer support, dispute resolution, legal compliance, or enforcement of our agreements. Promotional or marketing use of identifiable Customer-Specific Outputs is subject to the consent requirements described in Section 3.3.

9.3 Free, Trial, Beta, and Unpaid Features

Outputs created through free, trial, beta, promotional, or otherwise unpaid features may be subject to different ownership or usage terms.

Where a particular feature has its own terms, those terms will control.

Unless otherwise stated, outputs generated through unpaid features are provided to you for personal, non-commercial use only.

10. Third-Party Tools, Integrations, and Links

Our Services may contain or rely upon third-party applications, integrations, tools, content, websites, or services.

These third-party services may have their own terms, privacy policies, security practices, and availability requirements.

We do not control and are not responsible for third-party services, including their availability, content, policies, security, or performance.

Your use of third-party services is at your own risk and may be subject to the third party’s separate terms.

11. Shopify

Certain portions of Cherished Memories Studio’s online store and Services may be supported by Shopify.

However, purchases made through our store are transactions between you and Cherished Memories Studio, not between you and Shopify.

To the fullest extent permitted by law, Shopify is not responsible for the products, services, fulfillment, or other obligations arising from transactions between you and us.

12. Privacy

Your use of our Services is also governed by our Privacy Policy, which explains how we collect, use, disclose, retain, and otherwise process personal information.

Because our Services may involve Shopify, AI providers, hosting companies, payment processors, production partners, and other third-party providers, information submitted through our Services may also be processed by those providers in accordance with applicable terms and policies.

Please review our Privacy Policy for additional information.

13. Feedback and Suggestions

If you voluntarily provide feedback, ideas, suggestions, reviews, recommendations, or other comments concerning our Services, you grant us a perpetual, worldwide, royalty-free, transferable, and sublicensable right to use, reproduce, modify, publish, distribute, display, and otherwise utilize that feedback for any lawful business purpose.

You will not be entitled to compensation for our use of such feedback.

14. Prohibited Uses

You may not use our Services:

For unlawful, fraudulent, deceptive, abusive, or unauthorized purposes;
In a manner that infringes or misappropriates another party’s intellectual property, privacy, publicity, contractual, or other rights;
To submit unlawful, harmful, or prohibited materials;
To harass, threaten, defame, impersonate, or intimidate another person;
To transmit malware, viruses, malicious code, or other harmful technology;
To scrape, crawl, extract, or systematically collect information from our Services;
To circumvent security measures, usage restrictions, rate limits, authentication systems, or access controls;
To use our Services or outputs in violation of applicable law or third-party platform rules; or
To submit materials you do not have the legal right or permission to use.

14.1 Additional Restrictions for AI Features

You may not use our Services to generate, manipulate, or distribute content that:

Uses an identifiable person’s likeness without appropriate authorization, particularly where the content could falsely imply that the person engaged in an activity, made a statement, or endorsed something they did not;
Creates or distributes non-consensual intimate imagery or sexually explicit material involving real individuals without appropriate consent;
Sexualizes or depicts minors in sexual, exploitative, or otherwise inappropriate contexts;
Is intended to facilitate fraud, deception, impersonation, or misleading manipulation, including deceptive deepfakes or fabricated identities;
Uses copyrighted characters, trademarks, branded materials, or other protected intellectual property without the necessary authorization;
Promotes terrorism, extremism, unlawful violence, self-harm, or illegal conduct;
Is intended to stalk, threaten, harass, intimidate, or defame another person; or
Otherwise violates applicable law or the rights of another person or organization.

If we reasonably believe that you have violated these Terms, we may suspend or terminate your access to the Services. Where appropriate or legally required, we may also report suspected unlawful activity to law enforcement or cooperate with lawful investigations.

15. Automated and Agent-Based Access

Unless we have expressly authorized it, automated agents, bots, crawlers, scrapers, semi-autonomous systems, and similar technologies may not access, interact with, or systematically collect information from our Services.

We may implement technical, contractual, or other measures to identify, restrict, or prevent unauthorized automated access.

16. Suspension and Termination

We may suspend, restrict, or terminate your access to some or all of our Services if we reasonably believe that:

You have violated these Terms;
Your activity creates a security, legal, operational, or financial risk;
You have misused our platform;
You have engaged in fraudulent or abusive conduct; or
Suspension or termination is otherwise necessary to protect our business, users, or Services.

Where appropriate, we may provide notice before taking such action, but we may act without prior notice when circumstances reasonably require immediate action.

Any provisions that by their nature are intended to continue after termination will remain effective following termination.

17. Disclaimer of Warranties

To the maximum extent permitted by applicable law, our Services, products, digital outputs, physical products, and related features are provided on an “as is” and “as available” basis.

We disclaim all warranties, representations, and conditions, whether express, implied, statutory, or otherwise, including implied warranties of:

Merchantability;
Fitness for a particular purpose;
Title;
Non-infringement; and
Accuracy or reliability.

We do not guarantee that:

Our Services will always be available or uninterrupted;
Our Services will be secure or completely free from errors;
Products or outputs will meet your subjective expectations;
AI-generated outputs will be accurate or free from artifacts, distortions, errors, or unexpected results;
An output will necessarily be production-ready or commercially suitable unless expressly identified as such;
A physical product will exactly match a digital rendering or preview; or
Any output will be accepted, approved, or unrestricted by a particular third-party platform, marketplace, software application, or distribution service.

Nothing in these Terms excludes or limits warranties or rights that cannot legally be excluded or limited under applicable law.

18. Limitation of Liability

To the fullest extent permitted by law, Cherished Memories Studio, Layer3D Solutions, Inc., and our affiliates, officers, directors, employees, contractors, licensors, service providers, and business partners will not be responsible for indirect, incidental, special, consequential, exemplary, or punitive damages arising from or related to your use of the Services.

This includes, where permitted by law, losses involving:

Profits;
Revenue;
Business opportunities;
Goodwill;
Business interruption;
Data; or
Other intangible losses.

To the maximum extent permitted by applicable law, our aggregate liability for any claim arising from or relating to the Services will not exceed the amount you actually paid us for the specific product or service that gave rise to the claim.

Nothing in these Terms is intended to exclude liability that cannot legally be excluded under applicable law.

19. Indemnification

To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Cherished Memories Studio, Layer3D Solutions, Inc., and our affiliates, employees, contractors, licensors, service providers, partners, and representatives from claims, losses, liabilities, damages, costs, and expenses, including reasonable legal fees, arising from or related to:

Your violation of these Terms;
Your Customer Content or other materials submitted to us;
Claims that your Customer Content infringes another person’s intellectual property, privacy, publicity, contractual, or other rights;
Your use, publication, sale, distribution, or other exploitation of an output;
Your use of copyrighted characters, trademarks, celebrity likenesses, brand assets, or other protected materials that you supplied or requested;
Your misuse of the Services; or
Your violation of applicable law or the terms or rights of a third party.

This indemnification obligation will survive termination of these Terms and termination or closure of your account.

20. Severability

If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will be modified or limited to the minimum extent necessary to make it enforceable, if possible.

If modification is not possible, the affected provision will be severed to the extent required, and the remaining provisions will continue in full force and effect.

21. Entire Agreement and Waiver

These Terms, together with our Privacy Policy, Refund Policy, Shipping Policy, and any other policies expressly incorporated into these Terms, constitute the entire agreement between you and us concerning your use of the Services.

They replace any prior or contemporaneous agreements, understandings, or representations concerning the same subject matter.

If we do not immediately enforce a provision of these Terms, that does not mean we have waived our right to enforce that provision later.

22. Assignment

You may not assign, transfer, delegate, or otherwise dispose of your rights or obligations under these Terms without our prior written consent.

We may assign or transfer these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, corporate restructuring, financing, or sale of assets.

23. Governing Law and Jurisdiction

These Terms and any dispute arising from or relating to these Terms or your use of the Services will be governed by the laws of the State of Delaware, United States, without regard to conflict-of-law principles.

Subject to any rights that cannot legally be waived or restricted, disputes arising from or relating to these Terms or the Services will be subject to the exclusive jurisdiction of the applicable state or federal courts located in Delaware, United States.

23.1 Statutory Consumer Rights

Certain jurisdictions provide consumers with statutory rights, guarantees, or remedies that cannot be waived, excluded, or limited by contract.

Nothing in these Terms is intended to eliminate or restrict any such non-waivable rights.

To the extent applicable law provides you with rights that conflict with these Terms, those statutory rights will apply.

24. Force Majeure

We will not be responsible for a delay or failure to perform an obligation under these Terms when the delay or failure results from circumstances beyond our reasonable control.

Such circumstances may include:

Natural disasters;
Severe weather;
Acts of God;
War;
Terrorism;
Civil unrest;
Government actions;
Pandemics or epidemics;
Labor disputes;
Power outages;
Internet or telecommunications failures;
Cyberattacks;
Supplier interruptions;
Service-provider failures;
Transportation disruptions; or
Other events beyond our reasonable control.

25. Changes to These Terms

We may revise these Terms from time to time to reflect changes to our Services, business practices, technology, legal requirements, or other circumstances.

When we update these Terms, we will publish the revised version on our website and update the “Last Updated” date.

For non-material changes, such as grammatical corrections, clarifications, formatting changes, or minor updates, your continued use of the Services after the revised Terms become effective will constitute acceptance of the updated Terms to the extent permitted by law.

For material changes affecting significant matters such as fees, liability, Customer Content, or your rights and obligations, we will provide reasonable advance notice through the Services, email, or another appropriate communication method where required by applicable law.