Terms of Service

Overview

This website is operated by Silver Stream Studio LLC. Throughout the site, the terms "we," "us," and "our" refer to BarkLab, operated by Silver Stream Studio LLC. BarkLab offers this website, including all information, tools, and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service," "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, customers, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.

1. Online Store Terms

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

2. AI Art Generation Services

BarkLab provides an AI-powered service that transforms photographs of dogs into curated art styles and renders them on physical products. By using our AI art generation features, you agree to the following terms:

2.1 Your Uploaded Content

Ownership: You retain all rights to the photographs you upload. By uploading a photograph, you grant BarkLab a limited, non-exclusive, worldwide, royalty-free license to use, process, transmit, and store your photograph solely for the purpose of providing our Services to you (generating AI art, rendering product mockups, and fulfilling your orders).

This license terminates when you request deletion of your uploaded content or when your session data expires, except as needed to fulfill existing orders.

We do not claim ownership of your uploaded photographs.

Your Representations and Warranties: By uploading any photograph or image to BarkLab, you represent and warrant that:

• You are the sole owner of the photograph, or you have obtained all necessary rights, licenses, consents, and permissions from the rights holder to upload and use the photograph through our Services.
• The photograph does not contain any trademarks, logos, copyrighted material, or other intellectual property belonging to a third party, unless you have obtained explicit written permission from the rights holder to use such material in AI-generated artwork and on physical products.
• The photograph and any resulting AI-generated artwork and products will not infringe upon, misappropriate, or violate any third party's intellectual property rights, rights of publicity, rights of privacy, or any other proprietary or legal rights.

You understand that BarkLab does not verify or screen uploaded photographs for intellectual property compliance. You accept sole responsibility for ensuring that your uploaded content does not violate any third-party rights.

If you upload an image containing third-party intellectual property (including but not limited to trademarked characters, logos, copyrighted artwork, or celebrity likenesses) and purchase a product featuring that content, you assume all legal liability for any resulting intellectual property claims. BarkLab is not responsible for and expressly disclaims any liability arising from intellectual property disputes related to user-uploaded content.

2.2 AI-Generated Artwork

Intellectual Property in Generated Art: All AI-generated artwork created by BarkLab is produced through our proprietary AI pipeline, curated style configurations, and prompt engineering. BarkLab and its licensors retain all right, title, and interest (including all intellectual property rights) in and to the AI-generated artwork. You do not acquire any ownership rights in AI-generated artwork by using our Services or purchasing products.

License Grant Upon Purchase: Upon purchase of a physical product or digital download featuring AI-generated artwork, BarkLab grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to use the artwork solely for personal, non-commercial purposes. This includes displaying and sharing the physical product you purchased, and using digital downloads as personal wallpapers or prints for your own home.

• You may not resell, sublicense, reproduce for sale, or commercially distribute the AI-generated artwork in any form, whether as a standalone file, on physical merchandise, or as part of any product or service you offer to others.
• You may not register or attempt to register any trademark, copyright, or other intellectual property claim over AI-generated artwork produced by BarkLab.
• This license does not transfer to any third party. If you gift a BarkLab product, the recipient receives the physical product only, not a license to reproduce the artwork.

BarkLab retains the unrestricted right to use all AI-generated artwork (without your personal information) for internal purposes including quality assurance, model improvement, service optimization, and training of our AI systems.

2.3 Acceptable Use of AI Services

You agree not to use our AI art generation services to:

• Upload images you do not own or have permission to use.
• Upload images containing illegal, harmful, abusive, or offensive content.
• Upload images of humans or non-dog animals (our service is designed exclusively for dogs; cat and other pet support may be added in future phases).
• Attempt to circumvent rate limits, abuse the generation pipeline, or use automated tools to submit bulk generation requests.
• Attempt to reverse-engineer, extract, or replicate our AI models, prompts, or style configurations.
• Use the service to generate content that infringes on any intellectual property rights.

2.4 AI Output Disclaimer and Assumption of Risk

AI-generated artwork is produced by machine learning models and may vary in quality, accuracy, and consistency. While we curate and optimize our art styles for the best possible results across diverse dog breeds, we cannot guarantee that every generation will meet your expectations. Specifically:

• Colors in the AI-generated preview may differ from the final printed product due to differences between screen displays and physical printing processes.
• AI art is generated at preview resolution (512–1024 pixels) and upscaled to print resolution at the time of purchase. Upscaling artifacts may occasionally be visible on very large format prints.
• Results may vary by dog breed, photograph quality, lighting conditions, and pose.

Assumption of Risk: You acknowledge and agree that AI-generated artwork is inherently unpredictable, that results are not guaranteed, and that by using the Service you assume all risk associated with the quality, accuracy, suitability, and appearance of AI-generated outputs. You agree that dissatisfaction with AI-generated artwork does not constitute grounds for a claim against BarkLab.

2.5 Service Availability

BarkLab's AI art generation services depend on third-party infrastructure, including AI model providers, cloud hosting, and fulfillment partners. We do not guarantee that the AI generation service, product mockup rendering, or any other feature of the Service will be available at all times or without interruption. We reserve the right to modify, suspend, or discontinue any art style, collection, product, feature, or aspect of the Service at any time, with or without notice, and without liability to you. Scheduled maintenance, third-party outages, and force majeure events (see Section 13) may affect availability.

3. Products and Fulfillment

BarkLab products are manufactured and shipped by third-party print-on-demand fulfillment partners. By placing an order, you acknowledge that:

• Your shipping address and order details will be transmitted to our fulfillment partners for production and delivery.
• Production times, shipping times, and product availability are subject to our fulfillment partners' capacity and policies.
• Product mockups displayed on the Site are digitally rendered representations. While we strive for accuracy, the final printed product may differ slightly in color, size, and positioning from the on-screen preview.
• Product mockups displayed on the Site are digital approximations generated by rendering services. Actual printed products may vary from mockups in color accuracy, image placement, sizing, cropping, and overall appearance due to differences in rendering engines, print processes, materials, and display calibration. Mockups are provided for illustrative purposes only and do not constitute a guarantee of the final product's appearance.

Right to Refuse or Cancel Orders: We reserve the right, in our sole discretion, to refuse or cancel any order for any reason, including but not limited to: product or service availability, errors in product or pricing information, suspected fraud, or if we believe the uploaded content violates these Terms or any applicable law. If we cancel an order after payment has been processed, we will issue a full refund to the original payment method. We may limit or cancel quantities purchased per person, per household, or per order.

4. Pricing and Payment

Prices for our products are listed in USD and are subject to change without notice. We reserve the right to modify or discontinue any product at any time without notice. We shall not be liable to you or to any third party for any modification, price change, or discontinuance of any product.

In the event of a pricing error on our Site, we reserve the right to cancel any orders placed at the incorrect price, even after order confirmation. We will notify you of the cancellation and issue a full refund. We are not obligated to fulfill orders at an erroneous price.

5. Refunds and Returns

Because BarkLab products are custom-made with your AI-generated artwork, we generally cannot accept returns or exchanges for buyer's remorse. However, if your product arrives damaged, defective, or significantly different from the product mockup displayed at the time of purchase, please contact us within 14 days of delivery.

At our sole discretion, we may offer a replacement, store credit, or refund to the original payment method. The remedy provided will be determined based on the nature of the issue, and our determination is final. Store credit is non-transferable, has no cash value, and expires 12 months from the date of issuance.

Digital downloads are non-refundable once delivered. AI art generation previews are provided free of charge and are not subject to refund.

6. Intellectual Property

The BarkLab name, logo, art style names, website design, and all associated visual branding are the intellectual property of Silver Stream Studio LLC. Our curated AI art styles, prompt configurations, and pipeline architecture are proprietary trade secrets.

You may not copy, reproduce, modify, distribute, or create derivative works from any content on our Site (excluding the AI-generated artwork of your own dog, subject to the license granted in Section 2.2).

7. User Content and Social Sharing

If you opt in to allow us to feature your dog's artwork (see our Privacy Policy, Section 8), you grant BarkLab a non-exclusive, worldwide, royalty-free, perpetual, irrevocable license to use, display, reproduce, modify, and distribute both your original uploaded photograph and any AI-generated artwork derived from it for marketing, advertising, social media, promotional purposes, and example galleries, in any media or format now known or later developed. You may request removal of your content from future use by contacting us, but you acknowledge that content already published or distributed prior to your request may not be fully retrievable.

You are solely responsible for any content you share publicly from BarkLab, including on social media. We are not responsible for how third parties may use content you choose to share.

8. Referral Program

BarkLab may offer a referral program that allows you to upload a photograph of a friend's dog and send them a free AI art preview. By participating:

• You represent that you have the photograph owner's permission to upload their dog's photo.
• The referred person will receive a link to view their dog's AI-generated art. They are not obligated to purchase.
• Referral credits and discounts are subject to the specific terms of the referral program in effect at the time and may be modified or discontinued at our discretion.

9. General Conditions

We reserve the right to refuse Service to anyone for any reason at any time. You understand that your content may be transmitted over various networks and adapted to conform to technical requirements of connecting networks or devices. All data transmission between your browser and our servers uses encryption in transit.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service without express written permission from us.

Electronic Communications Consent: By using the Service or providing your email address, you consent to receive electronic communications from BarkLab, including order confirmations, shipping notifications, customer service responses, and (if you have opted in) marketing communications. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.

10. Accuracy, Completeness, and Timeliness of Information

We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.

11. Third-Party Links

Certain content, products, and Services available via our Service may include materials from third parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third parties.

12. Prohibited Uses

In addition to other prohibitions set forth in these Terms, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code; (h) to collect or track the personal information of others; (i) to spam, phish, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service. We reserve the right to terminate your use of the Service for violating any prohibited uses.

13. Disclaimer of Warranties; Limitation of Liability

We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results obtained from the use of the Service, including AI-generated artwork, will be accurate, reliable, or meet your expectations.

The Service and all products and Services delivered to you through the Service are provided "as is" and "as available" for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall BarkLab, Silver Stream Studio LLC, our directors, officers, employees, affiliates, agents, contractors, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of the Service or any products procured using the Service, even if advised of their possibility.

Aggregate Liability Cap: To the maximum extent permitted by applicable law, our total cumulative liability to you for all claims arising out of or relating to these Terms or the Service, whether in contract, tort, strict liability, or any other legal theory, shall not exceed the greater of (a) the total amounts you have paid to BarkLab in the twelve (12) months immediately preceding the event giving rise to the claim, or (b) one hundred U.S. dollars ($100.00).

AI-Specific Disclaimer: Without limiting any of the foregoing, BarkLab specifically disclaims all liability for: the quality, accuracy, or suitability of AI-generated artwork; any emotional distress, embarrassment, or reputational harm alleged to result from AI-generated outputs; any resemblance of AI-generated artwork to third-party works, styles, or intellectual property; and any differences between on-screen previews and physical printed products.

13.1 Force Majeure

BarkLab shall not be liable for any failure or delay in performing any obligation under these Terms where such failure or delay results from any cause beyond our reasonable control, including but not limited to: acts of God, natural disasters, pandemic, epidemic, fire, flood, earthquake, war, terrorism, civil unrest, government actions or orders, labor disputes, power outages, internet or telecommunications failures, third-party service provider outages (including AI model providers, cloud hosting, and fulfillment partners), supply chain disruptions, cyberattacks, or any other event outside our reasonable control. During such events, our obligations under these Terms are suspended for the duration of the event.

14. Indemnification

You agree to indemnify, defend, and hold harmless BarkLab, Silver Stream Studio LLC, and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, and employees from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Service, your violation of any law, your uploaded content, or your use of the AI art generation services.

Without limiting the foregoing, you specifically agree to indemnify and hold BarkLab harmless from any and all claims, damages, losses, costs, and expenses (including reasonable legal fees) arising from or related to: (a) any intellectual property infringement, trademark violation, or misappropriation claim resulting from photographs or images you upload to our Services; (b) any claim that AI-generated artwork derived from your uploaded content infringes a third party's intellectual property rights, rights of publicity, or other proprietary rights; and (c) any products manufactured and shipped using artwork generated from your uploaded content. You acknowledge that BarkLab does not screen uploads for intellectual property compliance and that the responsibility for ensuring lawful use of uploaded content rests solely with you.

15. Dispute Resolution and Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

15.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first contact us at the address provided in Section 22 and attempt to resolve the dispute informally for at least thirty (30) days. If we are unable to resolve the dispute informally, either party may proceed as described below.

15.2 Binding Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms of Service or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules then in effect. The arbitration shall be conducted by a single arbitrator, in the English language, and shall take place in the State of Delaware or, at the election of the claimant, remotely by videoconference.

The arbitrator shall have the authority to award any relief that would be available in a court of competent jurisdiction, including injunctive or declaratory relief. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

You and BarkLab each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

15.3 Class Action Waiver

YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND BARKLAB ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.

15.4 Exceptions

Notwithstanding the foregoing, either party may bring an individual action in small claims court for disputes within the jurisdiction of such court. Either party may also seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights.

15.5 Opt-Out

You may opt out of this arbitration agreement by sending written notice to us at the contact address in Section 22 within thirty (30) days of first accepting these Terms of Service. Your notice must include your name, mailing address, and a clear statement that you wish to opt out of the arbitration agreement. If you opt out, you and BarkLab may pursue claims against one another in court. Opting out of arbitration does not affect any other provision of these Terms.

16. Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.

17. Termination

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by ceasing use of our Services. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may terminate this agreement at any time without notice and may deny you access to our Services.

Upon termination, your license to use AI-generated artwork (Section 2.2) survives for artwork associated with completed purchases. Your uploaded photographs will be deleted according to our data retention policies described in our Privacy Policy.

18. Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us.

19. Assignment

You may not assign, delegate, or transfer these Terms of Service or any of your rights or obligations hereunder without our prior written consent. BarkLab may freely assign, delegate, or transfer these Terms and any of its rights and obligations hereunder, in whole or in part, without your consent and without notice to you, including in connection with a merger, acquisition, reorganization, or sale of all or substantially all of our assets. Any attempted assignment in violation of this section is void. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties and their permitted successors and assigns.

20. Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. To the extent that any lawsuit or court proceeding is permitted hereunder, you and BarkLab agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in the State of Delaware.

21. Changes to Terms of Service

You can review the most current version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

22. Contact Information

Questions about the Terms of Service should be sent to us at: