Commercial License

This Commercial License Agreement ("License") governs your rights to use digitally generated portrait artwork ("Portraits") created through Capy Studio, a product of Capybara Ninja Inc. ("Company," "we," "us," or "our"). By completing a purchase, you ("Licensee") agree to the terms outlined below.

1. License Grant

Upon completing a paid purchase, Capybara Ninja Inc. grants you a perpetual, worldwide, non-exclusive, royalty-free license to use your purchased Portrait(s) for both personal and commercial purposes, subject to the terms and restrictions set forth in this agreement.

This license is included with every Digital Portrait purchase (from $18.99) at no additional cost. There are no hidden fees, tiers, or upgrade requirements to unlock commercial use.

2. Permitted Uses

You are free to use your purchased Portraits in a wide range of personal and commercial applications, including but not limited to:

• Personal Use: Display in your home, use as device wallpapers, profile pictures, personal websites, gifts to friends and family, personal social media posts, and personal printing.
• Social Media: Post on any social media platform (Instagram, Facebook, TikTok, X/Twitter, LinkedIn, etc.) with or without attribution to Capy Studio.
• Marketing and Branding: Use in business marketing materials, advertising campaigns, brand assets, pitch decks, presentations, email headers, and promotional content.
• Merchandise and Products: Print on physical products for sale, including but not limited to apparel, mugs, phone cases, posters, stickers, greeting cards, and other merchandise.
• Editorial and Publishing: Include in books, magazines, blog posts, articles, newsletters, podcasts (as cover art), and other editorial content.
• Streaming and Video: Use as overlays, thumbnails, channel art, or supplementary visuals in video content on YouTube, Twitch, and other streaming platforms.
• Business Applications: Use in internal business communications, team profiles, company directories, event materials, and corporate branding.

3. Restrictions

This license does not grant unlimited rights. The following uses are expressly prohibited:

• Resale of Digital Files: You may not resell, sublicense, redistribute, or offer the Portrait digital files themselves (in their original or minimally modified form) as standalone digital products, stock images, or downloadable assets.
• Model Training Data: You may not use Portraits as training data, input material, or fine-tuning datasets for any machine learning model, neural network, or artificial intelligence system.
• Watermark Circumvention: You may not remove, alter, obscure, or circumvent the watermark on unpurchased preview images. Watermarked previews are provided for evaluation purposes only.
• Illegal or Harmful Use: You may not use Portraits in any manner that is illegal, fraudulent, defamatory, obscene, threatening, harassing, or that violates the rights of any third party.
• Impersonation and Deepfakes: You may not use Portraits to impersonate another person, create misleading identity documents, or produce deceptive deepfake content intended to mislead.
• Sensitive Contexts: You may not use Portraits in contexts that could imply endorsement of political campaigns, pharmaceutical products, adult content, gambling, tobacco, or firearms without express written permission from Capybara Ninja Inc.
• Trademark Registration: You may not register a Portrait as a trademark, service mark, or logo without prior written consent from Capybara Ninja Inc.

4. Ownership and Intellectual Property

The license granted herein is a license to use, not a transfer of ownership. Capybara Ninja Inc. retains all rights, title, and interest in the underlying models, rendering processes, artistic styles, and technology used to create the Portraits. You own the specific output file(s) generated from your uploaded photograph, subject to the restrictions in this agreement.

You retain full ownership of the original photograph(s) you uploaded. The Portrait is a derivative work created through digital transformation, and your rights to the Portrait are governed by this License.

5. Attribution

Attribution is appreciated but never required. If you choose to credit us, any of the following formats are welcome:

• "Created with Capy Studio"
• "Portrait by Capy Studio (capystudio.art)"
• A link to our website: capystudio.art
• A social media tag or mention of our official accounts

We love seeing how our portraits are used. If you share your portrait publicly and tag us, it brightens our day, but it is entirely at your discretion.

6. Unpurchased Previews

Watermarked preview images generated by the Service are provided free of charge for evaluation purposes only. Previews may not be used commercially, shared publicly (except for the purpose of seeking feedback before purchase), or reproduced. The watermark is a digital rights management measure and must not be tampered with. To obtain clean, licensable files, a purchase is required.

7. License Duration and Termination

This license is perpetual, meaning it does not expire as long as you comply with its terms. However, Capybara Ninja Inc. reserves the right to terminate this license if you materially breach any of its terms. In the event of termination, you must cease all use of the Portrait(s) and destroy any copies in your possession.

If your purchase is refunded, the commercial license associated with that purchase is revoked, and you must discontinue use of the Portrait(s) and remove them from any published materials within a reasonable timeframe.

8. Liability and Warranties

Portraits are provided "as is." Capybara Ninja Inc. makes no representations or warranties regarding the suitability of any Portrait for a particular commercial purpose. We do not guarantee that Portraits will be free from defects, that they will meet specific artistic expectations, or that their use will not infringe third-party rights (particularly if the original uploaded photograph contained third-party intellectual property).

You are solely responsible for ensuring that your use of the Portrait complies with applicable laws and does not infringe on the rights of others, including the rights of individuals depicted in the original photograph. If your Portrait is based on a photo of another person, you must have that person's consent for the intended commercial use.

9. Transfer of License

This license is granted to you personally and is non-transferable. You may not transfer, assign, or sublicense your rights under this agreement to another party without prior written consent from Capybara Ninja Inc. However, you may provide Portraits to clients or third parties as part of a larger work or deliverable (for example, a marketing campaign you produced for a client), provided the Portrait is not the sole or primary deliverable.

10. Contact and Licensing Questions

If you have questions about what is permitted under this License, need clarification on a specific use case, or wish to request an exception to any restriction, please contact us:

• Email: team@capystudio.art
• Support: Visit our Support page
• Company: Capybara Ninja Inc.

We are happy to work with you on licensing questions and will respond within two (2) business days.

This commercial license is provided as a template and does not constitute legal advice. We recommend consulting with a qualified intellectual property attorney to ensure your intended use complies with applicable laws and regulations.