Terms of Use

1. About these terms

Pamtiva is operated by Pamtiva Studio Pty Ltd (ACN 701 225 201) ("Pamtiva", "we", "us", or "our"). These Terms of Use apply to the Pamtiva website, memory creator, accounts, AI features, purchases, exports, and private gift links (together, the "Service").

By creating an account, buying credits, or using the Service, you agree to these terms and our Privacy Policy. If you do not agree, do not use the Service.

You must be at least 18 years old and legally able to enter into this agreement. If you use Pamtiva for an organisation, you confirm that you have authority to bind it.

2. What Pamtiva provides

Pamtiva helps you select photos, draft and edit writing, arrange memories in visual templates, create still or Moving Memory keepsakes, download PNG, GIF, or MP4 outputs where offered, and send private memory gifts. Some features use artificial intelligence. Pamtiva is a creative service, not a permanent archival or backup service. Keep your own copies of important original photos and finished files.

Features may be described as previews, beta features, or coming soon. Their availability and design may change as we learn how people use the Service.

3. Your account

You must provide accurate account information and keep your sign-in details secure. You are responsible for activity under your account unless it results from something Pamtiva is responsible for. Tell us promptly at [email protected] if you believe your account or a private link has been compromised.

You may not sell, transfer, or allow another person to misuse your account. We may ask you to verify your identity before changing account details, processing a privacy request, or restoring access.

4. Your content and permissions

You keep ownership of the photos, prompts, notes, titles, messages, and other content you submit or create through Pamtiva ("Your Content").

You give Pamtiva a limited, non-exclusive, worldwide permission to host, copy, resize, process, render, display, and transmit Your Content only as reasonably needed to:

• provide the features you request, including AI assistance, exports, saved drafts, and private gifts;
• maintain, secure, troubleshoot, and improve the Service as described in the Privacy Policy; and
• comply with law and enforce these terms.

This permission ends when the relevant content is deleted, except for limited copies retained in backups, security logs, transaction records, or where retention is legally required. We do not claim ownership of Your Content or use personal memories for third-party advertising.

You confirm that you have the rights, permissions, and consents needed to upload and use Your Content, including photos of other people and children. Please use particular care with sensitive, intimate, or private material and do not include personal information that is unnecessary for the memory.

6. Personalisation and service improvement

If personalisation is enabled, Pamtiva may learn from choices you make, such as tone, note length, title selection, edits, and photo selections, to make future suggestions feel more like you. We may also use pseudonymised or aggregated interaction patterns to improve general recommendation and writing rules. Details and your choices are set out in the Privacy Policy.

7. Prices, credits, and payments

Prices, credit requirements, currency, and what is included will be shown before purchase. Prices are in Australian dollars unless the checkout states otherwise. Payments are processed by Stripe or another payment provider identified at checkout.

Credits are a limited permission to use eligible Pamtiva features. They are personal to your account, cannot be sold or transferred, and are not cash, stored value, or a bank deposit. We will tell you before purchase if credits have an expiry date or other material limitation.

If a payment fails, is reversed, or appears fraudulent, we may withhold the related credits or output while we investigate. Refunds, replacements, and other remedies are provided where required by law and may also be offered under any additional refund policy shown at purchase.

Promo codes and friend invitations

Promo codes and referral rewards are personal, have no cash value, cannot be sold or transferred, and may be limited by expiry date, eligible purchase, first-order status, account, email address, redemption count, or campaign availability. Unless checkout expressly says otherwise, only one percentage discount may be used per order.

The current friend invitation offer lets an eligible signed-in user invite up to three distinct new friends. Access may be limited to selected accounts or a private campaign and may not be available to every user. The same email cannot be invited twice. When a friend accepts using the invited email before completing an order, each eligible person receives one single-use 50% discount: the invited friend's reward is for their first order, and the inviter may earn up to three separate rewards for three accepted friends. Each referral reward expires 90 days after the invitation is accepted, with its exact validity date shown in the Service. The offer shown in the Service at the time of invitation controls if campaign details later change.

Only invite people you know and have a reasonable basis to contact. Do not use invitations for spam, bulk messaging, self-referrals, multiple accounts, misleading activity, or attempts to obtain rewards contrary to the offer. We may decline, reverse, or cancel a reward reasonably linked to duplicate, fraudulent, ineligible, or abusive activity, without limiting rights that cannot lawfully be excluded.

Nothing in these terms excludes, restricts, or modifies consumer guarantees or other rights that cannot lawfully be excluded, including rights under the Australian Consumer Law.

Printed memories

Before approving a print purchase, check the finished memory, print size, finish, any optional branding details, recipient, delivery address, and delivery method. Screen colours and physical print colours may vary, and the selected print ratio determines the final crop and page proportions.

Print orders are fulfilled by Prodigi through its distributed production and fulfilment network. Pamtiva sends Prodigi the finished print file, any generated branding artwork, product and order specifications, and the recipient and delivery details needed to produce and deliver the order. The expected fulfilment country, production partner, courier, timing, and tracking availability depend on the product and destination and may change if a lab or service becomes unavailable. International deliveries may be subject to customs, duties, taxes, or local delivery requirements unless checkout expressly says they are included.

Print orders can be cancelled only while Prodigi reports cancellation as available. If cancellation succeeds, you keep the completed digital memory and Pamtiva will return the eligible physical-print portion through the original Stripe payment where possible. Once fulfilment begins, cancellation may no longer be available. Contact [email protected] promptly about a damaged, defective, incorrect, or missing print so we can assess a replacement, refund, or other remedy under applicable law.

8. Private gift links

Gift links are designed to be unlisted and difficult to guess, but they are bearer links. A person with the link may be able to open the memory, including the selected photos used in an interactive Moving Memory, and may forward it or save what they see. You are responsible for choosing recipients and sharing links through an appropriate channel.

You can disable a Pamtiva gift link by deleting the gift from your account. Deleting a link does not remove copies already downloaded, captured, or forwarded by a recipient.

9. Acceptable use

You must not use Pamtiva to:

• break the law, violate another person's rights, or upload content you are not allowed to use;
• create, store, or share exploitative content involving children, non-consensual intimate material, credible threats, harassment, fraud, or content intended to cause serious harm;
• impersonate someone, deceive a recipient about who created a gift, or misuse another person's personal information;
• introduce malware, probe security, bypass access controls, overload the Service, scrape at scale, or interfere with another person's use;
• reverse engineer or extract models, source code, or protected systems except where the law expressly permits it; or
• use automated means to resell or reproduce the Service without our written permission.

We may remove or restrict content where reasonably necessary to address a credible legal, safety, security, or rights concern.

10. Pamtiva's intellectual property

Pamtiva and its licensors own the Service, software, brand, interface, templates, and original design elements, excluding Your Content. We give you a personal, limited, revocable, non-transferable right to use the Service in accordance with these terms.

You may use and print finished keepsakes for personal purposes and may share them with their intended recipients. You may not copy or sell Pamtiva's standalone templates, interface, brand assets, or software as your own product.

11. Third-party services

The Service relies on third parties for functions such as hosting, storage, AI, payments, email, sign-in, and sharing. If you choose to open or use a third-party service, its own terms and privacy policy also apply. We are not responsible for a third party's independent service or for content you send after leaving Pamtiva, but this does not limit rights you may have against us under applicable law.

12. Availability and changes

We work to keep Pamtiva reliable, but the Service may occasionally be unavailable because of maintenance, failures, security events, or circumstances beyond our reasonable control. We may improve, add, remove, or limit features. Where a change materially affects a paid feature you have already purchased, we will provide reasonable notice or an appropriate remedy where required by law.

13. Suspension, closure, and deletion

You may stop using Pamtiva at any time and can delete individual memories and gifts from your account. To request account closure, contact [email protected].

We may suspend or close access if you seriously or repeatedly breach these terms, create a material security or safety risk, fail to pay amounts due, or if we are legally required to do so. Where reasonable, we will give notice and an opportunity to address the issue. Sections that by their nature should continue, including ownership, payment records, liability, and dispute terms, survive closure.

14. Consumer guarantees and responsibility

Nothing in these terms excludes, restricts, or modifies any guarantee, right, or remedy that cannot lawfully be excluded. In Australia, this includes applicable guarantees under the Australian Consumer Law that services will be provided with due care and skill and be fit for disclosed purposes.

Subject to those non-excludable rights, Pamtiva does not promise that AI output will be factually accurate, unique, or emotionally right for every person, or that the Service will always be uninterrupted or preserve content forever. You retain responsibility for your original backups, final creative choices, permissions for Your Content, and the people with whom you share it.

15. Liability

To the maximum extent permitted by law, each party is responsible for loss that was reasonably foreseeable and directly caused by its breach, negligence, or unlawful conduct. Neither party is responsible for indirect or consequential loss that was not reasonably foreseeable when these terms were accepted.

Where the law permits a remedy for a service to be limited, Pamtiva may choose to supply the service again or pay the reasonable cost of having it supplied again. These limitations do not apply to fraud, wilful misconduct, personal injury caused by negligence, infringement of the other party's intellectual property rights, or any liability that law does not allow to be limited.

16. Governing law and disputes

These terms are governed by the laws of Victoria, Australia. Courts in Victoria have non-exclusive jurisdiction, which means you may still have rights to bring a claim elsewhere under mandatory consumer or other laws.

Before starting formal proceedings, please contact us and give both sides a reasonable opportunity to resolve the concern informally. This does not prevent either party from seeking urgent relief or using a regulator, tribunal, chargeback, or consumer remedy available by law.

17. Changes to these terms

We may update these terms to reflect Service, provider, or legal changes. We will publish the updated date and give reasonable additional notice of material changes. Changes will not remove rights or remedies that have already arisen. Continuing to use the Service after the effective date means you accept the updated terms.

18. Contact

Pamtiva Studio Pty Ltd
ACN: 701 225 201
Email: [email protected]