Terms of Service

Last updated: March 25, 2026 | Effective date: March 25, 2026

1. Agreement to Terms

By accessing and using gugugagapenguin.com ("Site," "we," "us," "our"), you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our Site. We reserve the right to modify these terms at any time. Your continued use of the Site following any changes constitutes your acceptance of the updated terms.

2. Use License

We grant you a limited, non-exclusive, revocable license to access and use our Site for personal, non-commercial purposes only. You may not:

  • Modify, copy, or distribute content without permission
  • Use our Site for commercial purposes (except authorized affiliate transactions)
  • Attempt to gain unauthorized access to our systems
  • Remove or alter copyright notices, disclaimers, or other attribution
  • Scrape, crawl, or automatically download our content (except for search engine indexing)

3. AI-Generated Content & Legal Disclaimers

Much of the content on this Site is AI-generated, including images, prompts, and guides created with tools such as Midjourney, Stable Diffusion, Kling AI, and HitPaw.

Copyright Status of AI-Generated Content:

The copyright status of AI-generated content is legally ambiguous and varies by jurisdiction. Some jurisdictions (including the US Copyright Office) do not extend copyright protection to purely AI-generated works without substantial human creative input. Other jurisdictions may recognize copyright depending on the degree of human authorship. The Gugugaga Penguin meme exists in this legal gray area. We make no guarantee regarding copyright ownership or enforceability.

Your Use of AI Content:

When you use our prompts or download our AI-generated content, you are responsible for ensuring your use complies with the terms of service of the AI tools used to generate that content. Some AI tools restrict commercial use; others require attribution. Review each tool's license before using the content commercially.

4. Intellectual Property Rights

Gugugaga Penguin Meme:

The Gugugaga Penguin meme is based on the Endministrator character from Arknights: Endfield, developed by Hypergryph. We are not affiliated with Hypergryph, Yostar, or the Arknights franchise. The meme itself is a community-created derivative work. Rights and ownership are unclear and may be disputed.

Site Content:

Unless otherwise noted, the text, guides, and original artwork on gugugagapenguin.com are licensed under Creative Commons Attribution 4.0 International (CC BY 4.0). This means you may use our content if you:

  • Provide attribution (link to gugugagapenguin.com)
  • Indicate if changes were made
  • Use the content for any purpose (including commercial)

Third-Party Content:

Content generated by third-party AI tools (Kling, Midjourney, Stable Diffusion, HitPaw) may be subject to those tools' licenses and terms of service. Always check the applicable terms before using this content commercially.

5. Affiliate Links & Disclosure

This Site contains affiliate links. We may earn a commission when you click these links and make a purchase. This includes:

  • HitPaw: 40% commission on purchases
  • Amazon Associates: Standard Amazon affiliate commission
  • Gumroad: Revenue from prompt sales
  • Other programs: Various affiliate partnerships

Important: Your purchase price is never affected by our affiliate relationship. We only earn a commission if a purchase is made. Affiliate disclosures are made within or near affiliate links when applicable. Our tool recommendations are based on our actual testing and user value, not affiliate commission rates.

These affiliate relationships help us keep gugugagapenguin.com free to use. We are transparent about our monetization practices and thank you for supporting our work.

6. Disclaimer of Accuracy

While we strive to provide accurate, helpful information, we make no warranty regarding the accuracy, completeness, or reliability of our content. The Site is provided "as is" without any guarantees.

Tool recommendations are based on our testing at the time of writing. AI tool features, pricing, and terms of service change frequently. Always verify current information directly with the tool providers before making purchasing decisions.

7. External Links & Third-Party Websites

Our Site contains links to external websites (affiliate partners, tool providers, educational resources). We are not responsible for the content, accuracy, or practices of external websites. Your use of external sites is governed by their own terms and privacy policies. We encourage you to review those policies before providing any information or making purchases.

8. Limitation of Liability

To the fullest extent permitted by law:

We are not liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business interruption, even if we have been advised of the possibility of such damages.

Our total liability to you shall not exceed the amount you paid to us in the past 12 months. If you have not made any payments, our liability is limited to $1.

This limitation applies to all claims, whether based on warranty, contract, tort (including negligence), strict liability, or any other legal theory.

9. Disclaimer of Warranties

The Site and all content are provided on an "AS IS" basis without warranties of any kind. We disclaim all warranties, express or implied, including:

  • Merchantability or fitness for a particular purpose
  • Uninterrupted or error-free service
  • Accuracy or completeness of information

10. Copyright & DMCA Notices

If you believe our Site infringes your copyright, please send a detailed notice to [email protected] including:

  • Your name, address, and contact information
  • A description of the copyrighted work you claim is infringed
  • The specific URL where the infringing content appears
  • Your statement that you believe in good faith that the use is not authorized
  • Your signature (physical or electronic)

We will investigate valid copyright claims and remove infringing content if substantiated. Repeated infringement claims may result in account termination.

11. Governing Law & Jurisdiction

These Terms of Service are governed by and construed in accordance with the laws of the United States, without regard to conflicts of law principles. Any legal action or proceeding shall be brought exclusively in the federal or state courts located in the United States.

12. Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision shall be severed, and the remaining provisions shall remain in full force and effect.

Questions About These Terms?

If you have questions about these Terms of Service, please contact us:

Email: [email protected]
Website: gugugagapenguin.com

Disclaimer: This is a template for informational purposes. Consult with a qualified attorney for legal advice specific to your situation. The copyright and legal status of AI-generated content is complex and evolving. This template provides general information only.