DAMN DONKEY TERMS AND CONDITIONS

Last updated: 01 November 2026

1. About us and these Terms

1.1. These Terms and Conditions (Terms) govern your use of Damn Donkey’s website (together, the Platform) and your purchase of our personalised comic book , figures and related products and services, printing and delivery services.

1.2. Your contracting party is "Damn Donkey Comics Inc., a Delaware Corporation" (Damn Donkey, we, us or our).

Registered office and postal address: 169 Madison Av. STE 38346, New York, NY 10016 USA.

Company registration number and jurisdiction of formation: 10515842

Customer service and legal enquiries: support@damndonkeycomics.com

Privacy enquiries: privacy@damndonkeycomics.com

Telephone: +1 240-949-6747

1.3. Damn Donkey enables customers to provide personal details, stories, photographs and other materials for a special private occasion. We use artificial intelligence and associated design tools to create a personalised comic illustrated book, which is then printed and delivered as a physical product.

1.4. These Terms cover both the digital creation process and the supply of the printed book. A downloadable digital book, editable source file, additional revision service or other separate deliverable is included only where expressly stated in your order.

1.5. Please read these Terms before creating an account, submitting materials or placing an order. We will ask you to accept them when registering or purchasing. You may save or print a copy, and we will provide your order confirmation and the applicable Terms in a form you can retain.

1.6. Your contract comprises these Terms, the product description and any order-specific specifications or additional conditions expressly agreed before purchase. An expressly agreed order-specific provision takes priority over these Terms only for the matter it specifically addresses. Mandatory consumer rights always take priority.

1.7. Our Privacy Policy, available through the Platform, explains how we process personal data. Accepting these Terms does not itself constitute consent to marketing or to processing that legally requires separate consent.

1.8. These Terms are intended for consumers purchasing mainly for personal, domestic or private purposes. Commercial publishing, resale and business use require a separate written agreement.

2. Definitions

In these Terms:

Book means each bespoke physical item ordered through the Platform, including a personalized comic book, extra copies, a personalized figure and any bundled items such as postcards, stickers, and other products as we will offer from time to time .

Creation Services means the AI-assisted generation, personalization, layout, preview and any expressly included editing or revision services associated with an order.

Customer Materials means all information and materials submitted by you or on your behalf, including names, personal details, descriptions, stories, prompts, photographs, images, messages and instructions.

Generated Content means text, illustrations, layouts and other content generated or prepared through the Creation Services using Customer Materials.

Order means your request to purchase a Book and any associated services.

Proof means a preview or version of the proposed Book made available for your review and approval.

Services means the Platform, Creation Services, printing, fulfilment and delivery services.

you or your means the person using the Platform or placing an Order.

3. Eligibility, accounts and security

3.1. You must be at least 18 years old and legally capable of entering into a binding contract to create an account or place an Order. A Book may feature or be intended for a child, but an eligible adult must manage the Order.

3.2. You must provide accurate and current account, billing and delivery information and keep your contact details up to date.

3.3. You must keep your login credentials secure, not share them with unauthorised persons and notify us promptly if you suspect unauthorised access.

3.4. You are responsible for activity you authorise through your account and for losses caused by your fraudulent conduct or failure to take reasonable security precautions. You are not automatically responsible for all unauthorised activity, and this clause does not reduce our responsibility for security failures attributable to us.

3.5. We may carry out reasonable identity, payment, fraud prevention and rights verification checks. Any request for supporting information will be proportionate to the circumstances.

4. Access to the Platform

4.1. We grant you a limited, non-exclusive, non-transferable licence to use the Platform for its intended personal, non-commercial purposes while complying with these Terms.

4.2. Technical requirements, supported devices and any applicable usage limits will be stated on the Platform. You are responsible for your device, internet access and network charges.

4.3. We will provide updates, including security updates, where required by applicable law. You should install updates within a reasonable time. We are not responsible for a problem caused solely by your failure to install an update where we informed you of its availability and the consequences of not installing it, and adequate installation instructions were provided.

4.4. We may temporarily interrupt access for maintenance, security or technical reasons. Where reasonably practicable, we will provide advance notice of material planned interruptions.

4.5. We do not promise uninterrupted access or permanent availability of free features. Changes to the Platform will not remove your rights in an accepted Order or reduce any paid-for functionality contrary to applicable law.

4.6. The Platform is not a permanent archive or general-purpose storage service. Keep your own copies of Customer Materials and any digital deliverables made available to you.

5. Customer Materials and third-party permissions

5.1. You are responsible for selecting the Customer Materials and ensuring that they are suitable for the intended Book, occasion, recipient and audience.

5.2. You confirm that:

(a) you own the Customer Materials or have all permissions and licences needed for their submission, AI-assisted adaptation, incorporation into the Book, printing and intended private use;

(b) your instructions and Customer Materials do not infringe copyright, trade marks, privacy, publicity, confidentiality or other third-party rights;

(c) you have obtained any necessary permissions from photographers, authors and other rights holders; permission from the person depicted does not necessarily include permission from the photographer;

(d) factual information supplied as factual is accurate to the best of your knowledge; and

(e) your submission and intended use comply with applicable law and these Terms.

5.3. Where Customer Materials identify or depict another person, you must have a lawful basis for providing their personal data and obtain all consents, releases and permissions legally required for:

(a) disclosure to us and the service providers involved in fulfilling the Order;

(b) processing through AI tools to create a fictionalized or stylised comic portrayal;

(d) provision of the Book to the intended recipient and other people with whom you intend to share it.

Note: This clause does not apply to public figures shown in parody under clause 6.5, but clause 6 still applies

5.4. Where consent or permission is required, it must cover the actual intended use and be documented where legally required. You must provide reasonable evidence if we request it to investigate a genuine rights or safety concern. The fact that a Book is intended as a surprise or private gift does not remove legal requirements.

5.5. For a person under 18, you must be their parent or legal guardian or obtain permission from an authorised parent or legal guardian, together with any permission from the child required by applicable law.

5.6. Submit only personal information reasonably necessary for the Book. Do not submit identity documents, payment credentials, passwords, precise location information or unnecessary sensitive information. We use the photos you upload only to draw the people in your Book. We do not create or keep face-recognition templates and do not use photos to identify anyone. We delete uploaded photos 90 days after delivery unless you ask us to keep them for reorders. Do not submit health, sexual, religious or other specially protected information .

5.7. Tell us promptly if you become aware that a necessary permission was not obtained, has been withdrawn or is disputed. We will assess the appropriate response, which may include pausing production or restricting access. Withdrawal cannot physically recall Books already lawfully printed or delivered and does not affect processing that was lawful before withdrawal.

5.8. Your obligations under this clause do not transfer our own data protection or other legal responsibilities to you.

6. Acceptable use

6.1. You must not submit, request, generate or distribute content that:

(a) is unlawful, defamatory, fraudulent, threatening, harassing or intended to humiliate or harm another person;

(b) infringes intellectual property, privacy, publicity or confidentiality rights;

(d) contains pornography, sexually explicit material, sexualised depictions of children or other exploitative content;

(e) involves non-consensual intimate imagery or deceptive impersonation likely to cause harm;

(f) falsely suggests another person’s endorsement, authorship or participation; or

(g) is otherwise seriously offensive or inappropriate for the requested product or audience.

6.2. Fiction, parody and affectionate private humor are permitted only where lawful and consistent with these Terms. Describing material as a joke does not excuse harassment, infringement or unlawful disclosure.

6.3. You must not misuse the Platform, introduce malware, access another person’s account or materials without authority, scrape the Platform, circumvent safety controls, interfere with security, conduct automated bulk generation without permission or reverse engineer software except where applicable law expressly permits it.

6.4. We may apply reasonable usage limits disclosed before purchase. We will not retrospectively reduce an allowance purchased for an existing Order without an appropriate remedy.

6.5. Books about public figures (such as politicians, celebrities or athletes) are parody and creative commentary for personal non-commercial use only. They don't show real events and don't mean that person endorses us or you. We may refuse any request that is defamatory, sexual, hateful, harassing or suggests a real endorsement or otherwise illegal. You may not use such a Book commercially

7. AI-generated content and creative limitations

7.1. The Creation Services use generative AI. The pictures and text in your Book are made with AI, and digital files may carry an invisible mark that shows this. Generated Content is a creative interpretation of your inputs, not a factual record or a promise of an exact likeness.

7.2. AI outputs may contain invented details, inaccuracies, omissions, unexpected wording, visual artefacts or inconsistencies between illustrations. Names, ages, relationships, appearances, settings and events may be interpreted incorrectly.

7.3. Outputs may vary between generations, even when the same materials or instructions are used. unless expressly agreed, we do not guarantee,:

(a) an exact resemblance to a person or photograph;

(b) a particular artistic result or emotional response;

(d) originality or exclusivity of every element; or

(e) that every AI-generated element qualifies for copyright protection.

7.4. These limitations do not excuse failure to meet the agreed product description, approved Proof or applicable standards of quality, fitness for purpose and reasonable care and skill.

7.5. Sample Books and illustrations demonstrate possible styles and formats. They do not guarantee an identical result, but any specific characteristics expressly promised for your Order form part of the contract.

7.6. Generated Content is intended for creative entertainment and private occasions, not legal, medical, financial or other professional advice, or evidence of actual events.

7.7. You must not knowingly present fictional or AI-altered depictions as authentic evidence or use them deceptively.

8. Review, revisions and approval

8.1. Before purchasing, we will explain whether your Order includes a Proof, the stage at which approval is required and the number and scope of included revisions or regenerations.

8.2. Where a Proof is provided, review all pages carefully, including names, spelling, dates, relationships, text, illustrations, cropping, layout, cover details and suitability for the intended audience.

8.3. Approval authorises us to print the approved version. Where the ordering process permits you to proceed without Proof, that choice will be clearly identified before you commit to purchase.

8.4. Each Order has two review steps: (a) your characters and story outline, and (b) your finished pages. We will contact you by email, when each is ready. First you will receive the cover and a summary of the story and a separate link to the characters. You have 24 hours to approve each step, and you can ask us for more time. Reporting a problem pauses the clock. If you do not respond, after at least one reminder, the version shown is treated as approved. After you approve your finished pages, we wait 24 more hours before printing, so you can still tell us about a problem . You can cancel any time prior to final approval and get a refund as set out in clause 13. We explain this before you place your order.

8.5. The pages you approve, by pressing the "Approve for print" button including the art style, the likeness of each person and any visible AI details, are the agreed description of your Book. By approving them you confirm that you checked them and accept those features. This does not cover printing defects damage in transit, or differences between the approved pages and the printed Book, which remain our responsibility under clause 14.

8.6. We are not normally responsible for an error originating in your Customer Materials or instructions that was clearly visible in Proof and expressly approved by you. This does not exclude responsibility for our own breach, an undisclosed error, a production error or any mandatory consumer remedy.

8.7. We will obtain fresh approval for a material change to approved content before printing. Minor technical adjustments necessary for printing may be made without further approval if they do not materially change the Book.

8.8. Additional discretionary revisions may incur a charge disclosed and agreed in advance. We will not charge to correct a failure for which we are legally responsible.

9. Content checks and refusal of content

9.1. We may use automated checks and authorised human review where reasonably necessary for fulfilment, quality assurance, safety, fraud prevention, complaints or legal compliance.

9.2. We may refuse, restrict or remove Customer Materials or Generated Content where we reasonably believe they breach these Terms, infringe rights, create a material safety risk or cannot lawfully be produced or delivered.

9.3. Where practicable, we will explain the concern and allow you to provide clarification or replacement materials. We may suggest edits, but material changes to approved content require your approval.

9.4. We may pause or cancel an Order where the issue cannot reasonably be resolved. Refunds will be handled under clause 13. We will not deliver content we reasonably believe to be unlawful merely because it was previously approved.

9.5. Checks do not guarantee that all problematic content will be detected. We remain responsible for legal obligations that apply to our own conduct and Services.

9.6. We may preserve and disclose relevant information where legally required or otherwise lawfully necessary to address serious unlawful activity, protect rights or respond to a valid authority request.

9.7.

10. Orders and contract formation

10.1. The Platform will identify the Book’s principal specifications, available options, included Creation Services, price and delivery arrangements before you place an Order.

10.2. You will have an opportunity to check and correct your Order before submitting it. By selecting the payment or order button, you make an offer to purchase and acknowledge any clearly identified payment obligation.

10.3. An automated acknowledgement confirms receipt only. A contract is formed when we send your order confirmation email. If we later find that we can't lawfully make your Book (clause 9), we will cancel the Order and refund you in full .

10.4. We may decline an Order before acceptance for a legitimate reason, including inability to obtain payment, unavailable materials or delivery services, suspected fraud, prohibited content or a material pricing error. We will notify you and promptly return any payment collected for a declined Order.

10.5. If we identify an obvious pricing or description error before acceptance, we will explain it and give you the option to proceed on the corrected basis or cancel. We will not automatically charge a higher amount.

10.6. Once accepted, we will not materially change the Book’s agreed specifications or price without your agreement. If an agreed specification becomes unavailable, we will offer a suitable alternative for your approval or refund the affected Order.

10.7. Save your order confirmation and reference number. Each Order is a separate contract unless expressly agreed otherwise.

11. Prices, payment and promotions

11.1. Prices and the payment currency are displayed before purchase. Applicable taxes will be included or separately itemised as required by local law. Delivery charges and optional extras will be shown before you commit to pay.

11.2. If import duties or destination charges are payable by you, we will disclose this before purchase and state the amount where reasonably calculable, or explain how it is determined. You are not responsible for undisclosed charges where the law requires advance disclosure.

11.3. Payment methods are those offered at checkout. You confirm that you are authorised to use the selected payment method.

11.4. Unless expressly stated otherwise, payment is due when you place the Order and may be collected before acceptance. Collection does not itself constitute acceptance.

11.5. We may pause work if payment fails or is reversed, after notifying you and allowing a reasonable opportunity to resolve the issue where appropriate. This does not restrict your right to dispute an unauthorised or incorrect payment.

11.6. Promotional codes apply only within their stated validity period and conditions. We may refuse a code that is expired, fraudulently obtained or used contrary to disclosed conditions, but will not retrospectively withdraw a valid agreed discount.

11.7. An Order is a one-off purchase unless a separate recurring arrangement is clearly described and expressly accepted. Placing an Order does not automatically enrol you in a subscription.

12. Production, delivery, ownership and risk

12.1. Production begins only after acceptance, successful payment and receipt of all required materials and approvals, unless we expressly agree otherwise.

12.2. Production and delivery periods will be explained before purchase. We will distinguish estimates from agreed delivery deadlines. If a particular occasion date is essential, tell us before ordering and obtain our express agreement to deliver by that date.

12.3. Where no delivery date has been agreed, we will deliver without undue delay and, where applicable law requires, within 30 days of contract formation.

12.4. Delays caused by missing information, requested changes or delayed approval may affect delivery. We will explain any material effect and agree a revised timetable where appropriate.

12.5. If we miss an agreed delivery deadline, you may require delivery within an additional reasonable period and cancel if we fail to meet it. You may cancel immediately where we refuse delivery or timely delivery was essential and this was agreed or apparent from the circumstances. Any additional mandatory rights remain unaffected.

12.6. We may use third-party printers, fulfilment providers and carriers. We remain your contracting party and are responsible for performance of our contractual obligations.

12.7. Normal, minor differences between screen displays and print may occur because of display settings, paper, ink and printing processes. Such differences are not defects if they are reasonable, consistent with the description and do not materially affect quality. This does not permit material departures from an approved Proof.

12.8. You must provide a complete delivery address and reasonable delivery instructions. If delivery fails because of an error attributable to you, we may charge reasonable, evidenced redelivery costs disclosed before redelivery. We will not charge you for redelivery caused by our or our carrier’s error.

12.9. We may split an Order into separate deliveries without additional delivery charges unless otherwise agreed. This will not deprive you of rights where the Order’s purpose requires delivery together.

12.10. Risk of loss or damage passes when you or a person you nominate takes physical possession of the Book. If you independently commission a carrier not offered by us, risk may pass when that carrier receives it, where permitted by law.

12.11. Ownership of the physical Book passes when we have received full payment and the Book has been delivered. Ownership of the physical copy does not transfer intellectual property rights.

12.12. Contact us promptly if the Book appears damaged or is not delivered. A carrier’s delivery record is relevant evidence but is not conclusive where you reasonably dispute receipt.

13. Changes, cancellations and refunds

Bespoke Books

13.1. Each Book is made to your specifications or clearly personalised. Where applicable law excludes personalised goods from change-of-mind cancellation rights, you do not have a statutory cooling-off right for the Book, including under the usual UK and EU distance-selling cancellation rules. This exception may apply before printing begins.

13.2. This does not affect your rights concerning defective, misdescribed, undelivered or otherwise non-conforming Books or Services.

13.3. Contact us as soon as possible if you wish to change or cancel an Order.

You can cancel your Order at these stages: (a) before you approve your characters and story outline: full refund; (b) after that, until you approve your finished pages: 90% refund, because the story has been written and the pages drawn; (c) after you approve your finished pages: your Book goes to print and can't be cancelled, but your rights under clause 14 remain. To cancel, use the review page or email support@damndonkeycomics.com.

13.4. Once printing or dispatch has begun, changes or discretionary cancellation will not be possible.

Separate digital content and services

13.5. If you purchase separately supplied digital content or Creation Services carrying statutory cancellation rights, those rights apply independently of the personalised goods exception. We will not label an inseparable part of the Book purchase as a separate service merely to avoid cancellation obligations.

13.6. For UK and EU consumers, a qualifying service or digital-content contract normally carries a 14-day cancellation period beginning when the contract is concluded, subject to applicable law and any required extension for missing cancellation information.

13.7. If you ask us to begin a qualifying service during that period, we will obtain any legally required express request. If you then cancel, you may owe a proportionate amount for services properly supplied, but only where the legal conditions for charging are satisfied. The cancellation right is lost on full performance only where the required prior consent and acknowledgement have been obtained.

13.8. For digital content supplied otherwise than on a tangible medium, early supply removes a cancellation right only where we have obtained the legally required prior express consent and acknowledgement of its loss and provided the required confirmation. Accepting these Terms alone does not provide that separate consent.

13.9. To exercise a cancellation right, send us a clear statement using the contact details in clause 1. You may use the form at the end of these Terms, but it is not compulsory. Sending notice before the deadline is sufficient.

Cancellation by us and refunds

13.10. If we cancel because we cannot fulfil the Order or for another reason not attributable to your breach, we will refund all payments for the affected Book and associated services that provide you with no independent benefit.

13.11. If cancellation results from your material breach, prohibited content or failure to provide necessary information after reasonable reminders, any amount retained must be legally recoverable, proportionate and calculated under clause 13.3 . We will not impose an automatic penalty.

13.12. Refunds will be made without undue delay and normally within 14 days of the relevant cancellation or refund entitlement being established, or sooner where required by law, using the original payment method unless you agree otherwise. We will not charge a refund fee.

14. Defective Books and Services

14.1. We will supply Books that conform to the agreed description and approved Proof, are of satisfactory quality and meet applicable statutory standards. We will perform the Creation Services with reasonable care and skill and provide digital content that meets applicable legal requirements.

14.2. If a Book is damaged, misprinted, materially different from the approved version or otherwise non-conforming, contact us with your Order number and a description of the problem. Photographs may help us investigate, but we will not demand unnecessary personal information or impose unreasonable evidence requirements.

14.3. Please report problems promptly. No voluntary reporting request in these Terms shortens a statutory claim period or removes rights because you did not report a defect immediately.

14.4. Depending on applicable law and the circumstances, you may be entitled to repair, replacement or reprinting, repeat performance, a price reduction, rejection or a refund. Where no mandatory remedy determines the outcome, we will offer a free reprint or full refund for a materially defective Book.

14.5. For UK consumers, statutory rights may include a 30-day short-term right to reject faulty goods and subsequent repair, replacement, price reduction or final rejection rights. The personalised nature of the Book does not remove these rights.

14.6. We will bear reasonable return and replacement delivery costs for a valid defect claim. Do not return a Book before receiving return instructions unless necessary to exercise a legal right.

14.7. A Book is not defective solely because you change your mind about an approved creative choice, provided it otherwise meets the contract and legal requirements. We do not exclude liability for an AI error merely because AI was used.

14.8. We are not responsible for damage caused after delivery by misuse, accidental damage or ordinary wear, except to the extent the underlying cause is attributable to us.

14.9. If you live in Australia: Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Our reprint promise in this clause is in addition to these rights. To claim, contact support@damndonkeycomics.com

15. Intellectual property and licenses

15.1. You retain ownership of the intellectual property rights you hold in Customer Materials. Nothing in these Terms transfers ownership of your personal photographs, stories or other original materials to us.

15.2. You grant us a non-exclusive, royalty-free, worldwide licence to host, reproduce, transmit, adapt and incorporate Customer Materials into Generated Content and Books solely as reasonably necessary to:

(a) provide previews and fulfil your Order;

(b) operate relevant account and sharing features you request;

(d) investigate misuse, resolve disputes and meet legal obligations.

15.3. We may sublicense those rights only to providers involved in those purposes, including AI, hosting, printing and delivery providers, subject to appropriate restrictions. The licence lasts only as long as reasonably necessary for those purposes and applicable retention requirements. It is not a general perpetual advertising licence.

15.4. We and our licensors retain rights in the Platform, software, trade marks, templates, design systems and other pre-existing materials. To the extent legally protectable rights arise in Generated Content created by us or on our behalf, those rights remain with us or the relevant rights holder, excluding your Customer Materials.

15.5. After full payment, we grant you a worldwide, perpetual, non-exclusive, royalty-free license to use the Book and any digital version expressly supplied for personal, non-commercial purposes, including giving the Book as a gift, sharing it with family and friends, and posting photos or videos of it on your personal social media on your own responsibility and cost bearing all risks involved. You may allow the gift recipient the same personal use. We'd love a tag: @damndonkeycomics .

15.6. This licence does not include commercial publication, commercial reproduction, merchandising, resale of newly manufactured copies, use of our branding or access to editable source files. It does not restrict rights you independently hold in Customer Materials or rights that cannot lawfully be restricted, including rights concerning disposal of a lawfully owned physical copy.

15.7. Similar content may be generated for other customers. We do not promise exclusive rights in an artistic style, general idea or unprotectable AI output. This does not authorise us to disclose or reuse your identifiable private materials for another customer.

15.8. Public sharing by you remains subject to third-party rights and applicable law. Purchasing a Book does not give you rights in another person’s likeness or protected work beyond permissions lawfully obtained.

15.9. We will not use identifiable Customer Materials or personalised Generated Content in advertising, public examples or promotional campaigns without a separate, specific authorisation and any legally required consent. Merely placing an Order, posting a review or tagging us does not grant that permission. If you send us content, or reply 'yes' when we ask to feature your post, you allow us to share it on our channels and in our ads on the terms shown when we ask. You can stop future use at any time. We may also use your Customer Materials and Generated Content to create personalized products and offers sent only to you. You can opt out at any time, and we will stop.

16. Privacy, AI processing and confidentiality

16.1. We process personal data in accordance with applicable data protection laws and our Privacy Policy. That notice explains purposes, legal bases, recipient categories, retention, international transfers and individual rights.

16.2. Fulfilling an Order may require disclosure of relevant Customer Materials and Generated Content to AI providers, hosting providers, authorised personnel, printers and fulfilment providers. Carriers receive information necessary for delivery, not unrestricted access to your Book content.

16.3. We will use appropriate contractual, technical and organisational safeguards and any legally required mechanisms for international transfers. We remain responsible for obligations imposed on us by law.

16.4. Customer Materials and personalised Generated Content are treated as private by default. They will not be publicly displayed or made available to other customers unless you deliberately use an available sharing feature or separately authorise publication.

16.5. We will not use, or authorize our AI providers to use, identifiable Customer Materials or personalised Generated Content to train general-purpose AI models without a separate opt-in and a lawful basis. Any optional training use will be explained before consent is sought and will not be a condition of buying a Book.

16.6. Access by personnel and providers will be limited to legitimate operational, support, safety and legal needs. We cannot promise absolute security, but this does not reduce our duty to implement appropriate safeguards or our responsibility for security failures.

16.7. Retention will be limited to what is necessary for the disclosed purposes. Account closure does not require immediate deletion of records that must lawfully be retained, but does not justify indefinite retention of all Book content.

16.8. You and other individuals may exercise applicable privacy rights using the Privacy Policy contact details. We may need to verify identity and consider the rights of others before responding.

16.9. Deleting an account or digital file does not retrieve physical Books already delivered or copies independently retained by recipients.

17. Third-party services

17.1. The Platform may offer optional links or integrations with independent services. If you choose to connect an external account, you authorise access only to the extent indicated in the relevant permission process. You may disconnect it through the available setting.

17.2. Independent services are subject to their own terms and privacy notices. We are not responsible for an independent service’s conduct merely because we link to it, but remain responsible for our own selection, integration and performance where the law requires.

17.3. AI, printing and delivery providers used by us to fulfil your Order are our suppliers. Their involvement does not remove your contractual rights against us.

18. Intellectual property and privacy complaints

18.1. If you believe Customer Materials, Generated Content or a Book infringes your rights, contact us using clause 1 and identify the material, the right concerned, the basis of the complaint and how we can contact you.

18.2. We will assess complaints fairly and take action required by law, which may include requesting information, restricting access, pausing production, removing content or notifying the affected customer. We will provide an opportunity to respond where appropriate and legally permitted.

18.3. Where the United States Digital Millennium Copyright Act applies, copyright notices and counter-notices must satisfy its statutory requirements. Current designated-agent contact details will be made available through the Platform.

18.4. A copyright notice must include identification of the protected work and allegedly infringing material, sufficient location information, contact details, an authorised signature, a good-faith statement and the required statement of accuracy and authority under penalty of perjury.

18.5. A counter-notice must include the removed material’s identification and former location, your contact details and signature, the required good-faith statement under penalty of perjury, and the statutory consent to jurisdiction and acceptance of service.

18.6. We may terminate repeat infringers’ accounts in appropriate circumstances. Knowingly false notices or counter-notices may have legal consequences.

19. Suspension and account termination

19.1. You may stop using the Platform or request account closure at any time. Account closure does not itself cancel an accepted Order or remove payment obligations lawfully incurred.

19.2. We may suspend access or an affected Order where reasonably necessary to address a material breach, suspected fraud, security risk, disputed permissions or a legal requirement.

19.3. Where the issue can be remedied, we will normally provide notice and a reasonable opportunity to remedy it. Immediate action may be taken where delay would create a serious risk, facilitate unlawful conduct or breach the law.

19.4. We may discontinue the ongoing free account service on at least two months’ notice, unless a shorter period is justified by a serious legal or security reason. We will fulfil accepted Orders or provide the appropriate refund.

19.5. Where lawful and practicable, we will allow a reasonable opportunity to download available materials before permanent closure. Deletion remains subject to Clause 16 and the Privacy Policy

19.6. Suspension or termination does not remove accrued consumer rights, valid personal-use licences for paid deliverables, privacy rights or rights to refunds and remedies.

20. Our responsibility and limitations of liability

20.1. Nothing in these Terms excludes or limits liability for:

(a) death or personal injury caused by negligence;

(b) fraud or fraudulent misrepresentation;

(d) mandatory product liability;

(e) breach of statutory consumer rights, data protection rights or other obligations to the extent liability cannot lawfully be limited; or

(f) any other liability that cannot legally be excluded or restricted.

20.2. Subject to clause 20.1, we are responsible for loss or damage that is a reasonably foreseeable result of our breach of contract or failure to use reasonable care and skill. Loss is foreseeable if it was an obvious consequence or was contemplated by both parties when the contract was made.

20.3. The Services are supplied for private consumer use. We are not responsible for business losses, including lost business profits, revenue, business opportunity or business interruption arising from use outside that purpose, except where liability cannot lawfully be excluded.

20.4. We are not responsible to the extent a loss is caused by your unlawful instructions, a breach of these Terms or an approved customer-originated error for which we are not otherwise responsible. We remain responsible for our own contribution to the loss.

20.5. For consumers in the United States only, to the extent permitted by applicable law and subject to clause 20.1:

(a) we exclude indirect, incidental, special, consequential, exemplary and punitive damages; and

(b) our total liability arising from an affected Order is limited to the greater of the amount paid for that Order or US$100. These limits apply only to the extent the law allows .

These restrictions do not apply to privacy or data security breaches, infringement caused by us independently of your materials or instructions, or statutory remedies that cannot lawfully be limited. If a restriction is not permitted in your jurisdiction, it does not apply.

20.6. We do not exclude responsibility simply because a loss involves an AI provider, printer, carrier or other supplier appointed by us.

20.7. Any descriptions of AI limitations, technical interruptions or creative variability must be read alongside our express commitments and your statutory rights. They are not blanket “as is” exclusions of consumer protection.

21. Your responsibility for third-party claims

21.1. To the extent permitted by law, you are responsible for reasonable losses and costs we incur because of a third-party claim directly caused by your deliberate or negligent breach of clause 5 or 6.

21.2. This responsibility applies only to losses that were reasonably foreseeable, are established or reasonably settled, and could not reasonably have been avoided or reduced.

21.3. You are not responsible for claims caused by our breach, negligence, unauthorised use of your materials or modifications outside your instructions and the agreed Services.

21.4. We will notify you of a relevant claim, provide reasonable information and allow you to participate in the response. We will not agree a settlement imposing an admission or non-monetary obligation on you without your consent. Legal costs must be reasonable and proportionate.

21.5. This clause does not create an unlimited obligation to reimburse us for every complaint or remove any mandatory consumer protection.

22. Events outside our reasonable control

22.1. If an event outside our reasonable control affects performance, we will notify you promptly, take reasonable steps to minimize its effect and explain any revised timetable.

22.2. We are not excused from performance merely because a supplier fails where the problem could reasonably have been prevented, overcome or addressed by an alternative supplier.

22.3. If the event causes a substantial delay, you may cancel the affected unfulfilled part of the Order and receive a refund for Books and services not supplied, including associated elements that provide no independent benefit.

22.4. This clause does not remove statutory delivery rights or permit us to retain payment indefinitely without supplying the agreed Book.

23. Communications and marketing

23.1. We may send account, security, approval, payment and delivery communications using the contact details you provide.

23.2. Marketing communications are optional and will be sent only where permitted by law and on the basis of any required consent. Consent to marketing is not a condition of purchase.

23.3. You may unsubscribe using the instructions in a message or by contacting us. Where text messaging is offered, you may reply STOP or use another legally recognized reasonable method. We will honor withdrawal requests as required by law.

23.4. Unsubscribing from marketing does not prevent necessary non-marketing communications about an existing Order or account.

24. Changes to these terms

24.1. The Terms accepted when an Order is formed govern that Order unless you agree to a change or a change is required by law.

24.2. We may update these Terms for future Orders and ongoing Platform use to reflect legal, security, technical or operational changes. We will identify the updated version and give reasonable advance notice of material changes where appropriate.

24.3. Where consent is legally required, we will obtain it. We will not rely solely on posting revised Terms to impose a materially adverse retrospective change.

24.4. If you do not accept updated terms for ongoing account use, you may close your account without losing rights in existing Orders or paid deliverables.

25. Complaints, governing law and disputes

25.1. Please contact us using clause 1 with your Order reference and a description of the issue. We will investigate and seek to resolve complaints fairly and promptly.

25.2. These Terms and Orders are governed by the laws of the State of New York and applicable US federal law. If you live outside the United States, this choice does not take away the protection of the mandatory consumer laws of the country where you live. You may bring proceedings in any court available to you under mandatory law, including courts of your habitual residence where applicable. Otherwise, the courts in New York County, New York have non-exclusive jurisdiction. We will bring consumer proceedings only in a court permitted by applicable law.

25.3. If you live in the United States, you and we agree to resolve any dispute by individual binding arbitration under the American Arbitration Association Consumer Arbitration Rules, not in court, except that either of us may bring an individual claim in small claims court. You and we waive any right to a jury trial and to bring or join a class or representative action. You can opt out of this clause by emailing support@damndonkeycomics.com within 30 days of first accepting these Terms. This clause does not apply to customers outside the United States.

25.4. If a complaint cannot be resolved, we will provide information about any alternative dispute resolution body we are legally required to identify and whether we are obliged or willing to participate.

25.5. Statutory limitation periods apply. These Terms do not impose a shorter contractual deadline for bringing a claim.

26. General provisions

26.1. These Terms and the documents identified in clause 1.6 constitute the agreement concerning the relevant Services. They do not exclude liability for misleading statements or override pre-contract information that is binding under consumer law.

26.2. We may transfer our rights and obligations to another organisation only where this does not materially prejudice your rights. We will notify you and remain responsible unless the transfer lawfully releases us.

26.3. You may transfer contractual rights and obligations with our reasonable written consent. Giving a paid-for Book as a gift and allowing the recipient the personal use described in clause 15 does not require further consent.

26.4. If a provision is unlawful or unenforceable, it will be disapplied to the necessary extent and the remaining provisions will continue, provided the agreement can fairly operate without it. An unfair consumer term will not automatically be replaced by a term imposing substantially the same unfair effect.

26.5. A failure or delay in enforcing a right is not a waiver of that right.

26.6. Except where expressly stated or required by law, these Terms do not give a third party an independent right to enforce them. This does not restrict a recipient’s rights arising independently under applicable law.

26.7. The contract is concluded in English. Any translation is for convenience unless mandatory law requires otherwise.

Model cancellation form

Complete and send this form only if you wish to exercise an applicable cancellation right. It does not create a change-of-mind cancellation right for a bespoke Book where that right is lawfully excluded.

To: Damn Donkey Comics Inc.

Postal address: 169 Madison Ave, STE 38346, New York, NY 10016, USA.

Email: support@damndonkeycomics.com

I/We hereby give notice that I/we cancel my/our contract for the supply of the following goods, digital content or services:

Description: ____________________

Order number: ____________________

Ordered on / received on: ____________________

Name of consumer(s): ____________________

Address of consumer(s): ____________________

Signature of consumer(s), only if submitted on paper: ____________________

Date: ____________________