Pretend | Your content machine

Terms and Conditions

Last updated March 31, 2026

Overview

Pretend Group LLC ("Pretend," "we," "us," "our," or "Company") provides www.gopretend.com and related websites, applications, and creative services (collectively, the "Services") to you subject to these Terms and Conditions ("Terms").

Please read these Terms carefully. By accessing, browsing, or using our Services, you accept and agree to be bound by these Terms, our Privacy Policy, our Cookie Policy, and our Payment Terms & Billing Policy. If you do not agree to these Terms, you may not access or use the Services.

These Terms, together with our Privacy Policy and Billing Policy, constitute the entire agreement between you and Pretend regarding your use of the Services.

1. Modification of Terms

1.1 Changes to These Terms

We may modify these Terms at any time, including adding or removing terms. Modifications become effective upon posting to our website.

1.2 Material Changes Notification

For material changes (changes that restrict your rights or significantly alter obligations), we will:

Notify you via email at least 30 days before the change takes effect
Provide a clear explanation of the changes
Allow you to cancel your account without penalty before the change takes effect

1.3 Your Acceptance

Your continued use of the Services after modifications become effective constitutes your acceptance of the modified Terms. If you do not agree with any modification, you may cancel your subscription or stop using the Services.

2. Changes to Services

We may change, update, or discontinue any aspect of the Services at any time, including:

Features and functionality
Pricing and billing practices
Available file formats or project types
Service capacity or availability

We will notify you of significant changes (feature removal, service discontinuation) with reasonable advance notice. Minor updates may be made without notice.

3. Registration and Accounts

3.1 Account Creation

You may create an account through our online registration form. By registering, you:

Represent that all information provided is accurate, current, and complete
Agree to maintain and promptly update your information
Represent that you are at least 18 years old (or the age of majority in your jurisdiction)
Represent that you have the legal authority to enter into these Terms

3.2 Account Information

You are responsible for:

Maintaining the confidentiality of your password
All activities that occur under your account
Notifying us immediately of any unauthorized access
Obtaining and maintaining all necessary equipment for access (computer, internet connection, etc.)
Paying all charges associated with your account

3.3 Account Suspension and Termination

We may suspend or terminate your account if:

Your payment fails and is not resolved (see Payment Terms)
You violate these Terms or our policies
You engage in illegal activity or fraud
You infringe third-party intellectual property rights
We determine your account poses a security risk
You have not logged in for 12+ months (inactive account)

Upon suspension/termination, you lose access to paid features.

4. User Content Guidelines

4.1 Interactive Areas and User-Generated Content

Our Services may include interactive features such as:

Feedback forms and comments
Discussion forums or community features
Project collaboration tools
Customer testimonials or reviews

By submitting content to these areas ("User Content"), you:

Represent that you are 13 years of age or older
Represent that you have all necessary rights to submit the content
Assume all risks and liability for the content
Grant us the rights described in Section 4.2

Parental Consent for Minors: If you are under 18, you represent that you have obtained your parent/guardian's consent to use the Services.

4.2 Grant of Rights to Your User Content

By submitting User Content, you automatically grant Pretend:

A royalty-free, perpetual, irrevocable, non-exclusive, worldwide right and license to:
Use, publish, and reproduce your content
Modify, adapt, and create derivative works
Translate and distribute the content
Sublicense (through multiple tiers) to service providers
Incorporate into other works and services
Exploit in any form or media now known or future developed
Without payment to you or third parties
Moral Rights Waiver: You waive your moral rights in the content to the fullest extent permitted by law

Important: This license survives even after your account is deleted or your subscription ends.

Mitigation: You represent and warrant that:

You own or control the complete rights to the content
Neither the content nor its use will infringe third-party rights (copyright, privacy, publicity, etc.)
The content does not violate these Terms or any law
The content will not cause injury to any person or entity
You alone are liable for any damages resulting from the content

4.3 Prohibited Content

You agree NOT to submit User Content that:

Rights Violations

Violates or infringes third-party intellectual property (copyright, trademark, trade secret, right of publicity)
Defames, harasses, stalks, or threatens others
Violates anyone's right to privacy

Illegal or Harmful Content

Is knowingly false, misleading, or inaccurate
Violates any law or regulation
Advocates or instructs illegal activity
Poses a credible threat to personal or public safety
Depicts non-consensual sexual activity or violence

Offensive Content

Contains hate speech, bigotry, racism, or ethnic slurs
Contains profanity, vulgar language, or extreme abusiveness
Advocates violence or violent behavior
Contains pornography or sexually explicit content
Depicts pedophilia, incest, bestiality, or is otherwise obscene

Spam and Exploitation

Is "junk mail," spam, chain letters, or pyramid schemes
Uses others' names or likenesses without consent
Falsely advertises or impersonates someone else

Technical Issues

Contains viruses, malware, or harmful code
Disrupts or interferes with our Services
Violates our security systems

4.4 Our Content Moderation Practices

We may, but are not obligated to, monitor User Content
We reserve the right to remove, refuse, or edit User Content at our sole discretion
We are not responsible for accuracy or credibility of User Content
You assume all risks of exposure to User Content (offensive, harmful, inaccurate, deceptive, etc.)

4.5 You Are Not Endorsed By Us

You agree not to suggest, directly or indirectly, that Pretend endorses your User Content.

4.6 Third-Party Intellectual Property

You are liable for damages resulting from:

Copyright, trademark, or trade secret infringement
Violation of publicity rights or privacy
Defamation or libel
Breach of contract

The burden of proving content does NOT infringe third-party rights falls on you.

5. User Conduct Guidelines

When using our Services, you agree NOT to:

5.1 Interference and Disruption

Interfere with or disrupt our servers, networks, or systems
Disobey requirements, procedures, policies, or regulations

5.2 Unauthorized Reproduction

Reproduce, duplicate, copy, or sell any portion of the Services
Exploit the Services for commercial purposes without authorization
Mirror, scrape, or automate access to the Services

5.3 Illegal Activity

Engage in criminal offenses or civil violations
Use the Services to commit fraud or illegal acts

5.4 Impersonation and Misrepresentation

Impersonate any person or entity (including Pretend employees, affiliates, agents)
Falsely state or misrepresent your affiliation
Create a deceptive identity or use a fake name

5.5 Privacy Violations

Harvest, collect, or scrape personal information about other users
Post private information about third parties without consent
Interfere with other users' privacy rights

5.6 Restrictions on Automated Use

Use bots, scrapers, or automated systems to artificially inflate page views
Automate content uploads beyond human capacity
Use automation to bypass security or access controls

5.7 Conduct Standards

Any conduct we believe restricts others' use or enjoyment of the Services is prohibited.

6. Paid Services and Subscriptions

6.1 Subscription Pricing and Payment

Detailed pricing, plans, and payment terms are available at www.gopretend.com/#pricing
All pricing is subject to our Payment Terms & Billing Policy
Subscriptions automatically renew unless cancelled before renewal
You authorize recurring charges per the billing frequency you selected

6.2 Project Management

As part of your subscription, you can create projects with unique project identification numbers.

Project Closure Policy

We may close projects if:

You have not provided feedback or completion confirmation within 14 calendar days from delivery, regardless of project status
30 days have passed since project commencement with no feedback whatsoever

Upon closure, the project is considered complete. For unfinished work, you may create a new project.

6.3 Overage Charges

If you exceed plan limits (projects, revisions, storage), additional charges apply
We notify you before charging overages
Overages are billed on your next renewal date

6.4 Refunds

Refunds are governed by our Payment Terms & Billing Policy
30-day money-back guarantee applies to first subscriptions
After 30 days, refunds are generally non-refundable unless:
Service was unavailable for 5+ business days
We failed to deliver promised services
There was a billing error
Other extraordinary circumstances

6.5 Service Level Agreement (SLA)

We use reasonable efforts to maintain service availability
Estimated uptime: 99.5% per month
Planned maintenance may cause outages (notice provided when possible)
Emergency outages for security/critical issues may occur without notice
Service credits available for extended outages

7. Intellectual Property Rights

7.1 Our Intellectual Property

All content on our Services is owned by or licensed to Pretend:

Text, graphics, photos, trademarks, logos, icons
User interfaces, sounds, music, videos, artwork, software, code
Look and feel, layout, design, structure, color scheme
Selection, combination, and arrangement of content

This content is protected by copyright, trademark, trade dress, and intellectual property laws.

7.2 Your Use of Our Content

Except with our express written permission, you may NOT:

Copy, distribute, reproduce, or mirror our content
Frame our website or content
Publicly display, perform, or translate our content
Create derivative works from our content
Re-publish or transmit our content
Use content for commercial purposes

Limited use is permitted: you may view, download, and print content for personal, non-commercial use only.

7.3 Your Content Ownership

You retain ownership of creative work you create through our Services (designs, videos, edits, etc.). However, by submitting content, you grant us rights per Section 4.2.

8. Copyright, DMCA, and Intellectual Property

8.1 Respect for Intellectual Property

We respect third-party intellectual property rights and expect users to do the same. We may:

Terminate, discontinue, suspend, or restrict accounts of users who infringe IP rights
Remove, delete, erase, or disable access to infringing content

8.2 DMCA Copyright Infringement Notice

If you believe your copyrighted work is infringed on our Services, you may submit a DMCA notice. Your notice must include:

Identify the Work: The copyrighted work(s) allegedly infringed (or representative list)
Identify Infringing Material: The infringing content and information sufficient for us to locate it (including URL)
Your Information

Full legal name
Mailing address
Phone number
Email address
Electronic or physical signature

Good Faith Statement

"I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."

Accuracy Statement

"I hereby state that the information in this notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."

8.3 Submitting a DMCA Notice

Send to Our DMCA Agent:

Legal Department

Pretend Group LLC

Email: [admin@gopretend.com]

Mailing Address: 630 Alta Vista Dr, Suite 106, Vista, CA 92084

8.4 DMCA Notice Warnings

Important: Misrepresentations in a DMCA notice violate the DMCA and may result in liability for damages (including costs and attorney fees).

Before sending a notice, you MUST:

Consider copyright defenses and exceptions (fair use, parody, educational use)
Verify the content is actually on our Services
Consult an attorney if unsure

8.5 Counter-Notice

If your content was removed due to a DMCA notice, you may send a counter-notice if:

You believe the content does not infringe
You have authorization from the copyright owner
You believe the notice was submitted in error

Counter-notices must include similar information and statements as DMCA notices.

9. Disclaimer of Warranties

9.1 AS-IS Services

The Services are provided on an "AS-IS" basis without warranties of any kind, either express or implied.

We do NOT warrant that:

Use of the Services will be uninterrupted or error-free
Services will produce specific results
Information, services, or merchandise are accurate, reliable, or complete
Any defects will be corrected
The Services are free from viruses or harmful components

9.2 Implied Warranties Disclaimed

To the fullest extent permitted by law, we disclaim all implied warranties:

Merchantability (fitness for sale)
Fitness for a particular purpose
Title or non-infringement
Quiet enjoyment

Exceptions: Some jurisdictions don't allow disclaimer of implied warranties. If applicable, implied warranties cannot be excluded but may be limited.

9.3 Your Use at Your Risk

You acknowledge that:

Use of the Services is at your sole risk
You are responsible for determining whether the Services meet your needs
You are responsible for any consequences of using the Services
We are not liable for damage to your equipment or files

10. Limitation of Liability

10.1 Excluded Damages

TO THE FULLEST EXTENT PERMITTED BY LAW, PRETEND IS NOT LIABLE FOR:

Personal injury or property damage
Lost profits, revenue, or business opportunity
Lost data, files, or content
Loss of goodwill or reputation
Cost of substitute goods or services
Work stoppage or diminished productivity
Computer, device, or technology failure
Any form of direct, indirect, special, incidental, consequential, exemplary, or punitive damages

Even if we have been advised of the possibility of such damages.

10.2 Liability Limitation Applies To

This limitation applies regardless of the basis of the claim:

Breach of contract
Tort or negligence
Strict liability
Warranty claims
Any other cause of action
Error, omission, interruption, deletion, defect, or delay in service
Unauthorized access to or alteration of your data
Alleged computer viruses or communication line failure

10.3 Damages Cap

If applicable law does not allow the above limitation, liability is capped at:

The lesser of:
The actual damages you incur, or
The total amount you paid us in the 12 months preceding the claim

10.4 Unauthorized Access Disclaimer

We disclaim any and all liability for unauthorized access to or use of your personal information. By using the Services, you acknowledge and accept this disclaimer. If you don't agree, you should not use the Services.

10.5 User-Generated Content

We are NOT liable for:

Any defamatory, offensive, or illegal conduct by other users
Any User Content posted on the Services
Actions you take based on User Content

11. Indemnification

You agree to defend, indemnify, and hold harmless Pretend, its affiliates, and their respective:

Directors, officers, employees
Contractors and agents
Third-party content providers and licensors

From and against all claims, liabilities, damages, and expenses (including reasonable attorneys' fees) arising out of or related to:

Your use of the Services
Your User Content
Your violation of these Terms
Your violation of third-party rights
Your violation of any law or regulation

Our Rights: Pretend reserves the right to assume control of your defense. If we do, you must cooperate fully and reasonably with our defense strategy.

12. Termination

12.1 Termination Rights

We may terminate or suspend:

These Terms at any time, with or without notice
Your account access immediately if:
- You violate these Terms
- We determine your conduct is unacceptable
- You breach these Terms
- You engage in illegal activity
- Your account poses a security risk

12.2 Effect of Termination

Upon termination:

Your access to paid features is revoked
Your subscription is cancelled
Your account data is retained for 30 days
After retention period, data is permanently deleted
You may request data export before deletion

12.3 Surviving Provisions

These sections survive termination:

Section 4 (User Content)
Section 5 (User Conduct)
Section 7-11 (IP Rights, Copyright, Warranties, Liability, Indemnification)
Section 14 (Governing Law, Jurisdiction)
Any other provisions that by nature should survive termination

13. Governing Law and Dispute Resolution

13.1 Governing Law

These Terms are governed by and construed in accordance with:

The laws of the State of California, without regard to conflict of law principles
Applicable to contracts made, entered into, and performed entirely in California

13.2 Exclusive Jurisdiction

You irrevocably consent to exclusive jurisdiction in:

State or federal courts in San Diego County, California
For any disputes, claims, or controversies arising from these Terms or your use of the Services

13.3 Your Agreement and Waivers

By using the Services, you:

Agree not to commence litigation except in the courts specified above
Waive any objection to venue in San Diego County courts
Agree not to claim litigation is in an inconvenient forum
Waive your right to a jury trial

13.4 Alternative Dispute Resolution

Before pursuing litigation, either party may request:

Negotiation: Good faith attempt to resolve within 30 days
Mediation: If negotiation fails, either party may request mediation
Mediator: Mutually selected, neutral third party
Location: San Diego, California
Costs: Split equally between parties

Mediation does not waive any party's right to pursue litigation.

13.5 Arbitration

Disputes not resolved through negotiation or mediation may be arbitrated:

Arbitrator: Single arbitrator selected per JAMS or AAA rules
Costs: Pretend pays filing fees; other costs split per arbitrator ruling
Location: San Diego, California
Rules: JAMS Comprehensive Arbitration Rules, except where inconsistent with California law
Limited Appeal: Limited appeal rights; arbitration decision is final

14. Miscellaneous

14.1 Entire Agreement

These Terms, together with:

Privacy Policy
Cookie Policy
Payment Terms & Billing Policy
Data Processing Agreement (if applicable)

constitute the entire agreement between you and Pretend regarding the Services. All prior agreements are superseded.

14.2 Precedence

If there is a conflict between documents, the order of precedence is:

Data Processing Agreement (for GDPR data processing)
Terms and Conditions (this document)
Privacy Policy
Payment Terms & Billing Policy
Cookie Policy

14.3 Severability

If any provision is found invalid or unenforceable by a court:

That provision is severed
Remaining provisions remain in effect
The severed provision is replaced with valid language reflecting the original intent

14.4 No Waiver

No waiver of these Terms is valid unless in writing and signed by us
Failure to enforce a right doesn't forfeit the right
Waiving one provision doesn't waive others

14.5 No Third-Party Beneficiaries

These Terms benefit only you and Pretend. No third party has rights to enforce these Terms.

14.6 Relationship

Nothing in these Terms creates:

Partnership or joint venture
Agency or employment relationship
Authority to bind the other party
Obligation for either party to refer business

14.7 Assignment

You may not assign these Terms or your account without our written consent
Any attempted assignment without consent is void
We may assign to successors (merger, acquisition) with notice
Upon assignment, successor assumes all obligations

14.8 Notices

Notices to us: Email [admin@gopretend.com] or mail to 630 Alta Vista Dr, Suite 106, Vista, CA 92084
Notices to you: Email to address in your account or postal mail
Notices are effective when received