Terms of Service
Last updated: October 8, 2024
These Terms of Service (the Terms) govern your access to and use of the PICTUR AI platform. By using our services you agree to comply with these Terms and our Privacy Policy.
1. Acceptance of Terms
PICTUR AI (referred to as PICTUR, we, us, or our) provides AI-assisted creative tools accessible at pictur.ai and related subdomains. By accessing or using our services you agree to these Terms of Service (the Terms).
If you do not agree with these Terms or the policies referenced here, please discontinue use of the services immediately.
2. Eligibility and Accounts
You must be at least 16 years old, or the age of majority in your jurisdiction, to use PICTUR AI. Account registration may be required for certain features. You are responsible for maintaining the confidentiality of your login credentials and for all activity conducted under your account.
Notify us promptly if you suspect any unauthorized access to your account or security breach.
3. Usage Rights
We grant you a limited, non-transferable, non-exclusive license to access and use the services solely for lawful personal or internal business purposes.
You retain ownership of the assets you upload and any outputs you lawfully generate through the services. Subject to your compliance with these Terms, you may use, reproduce, and distribute generated outputs for commercial or non-commercial purposes.
4. Prohibited Conduct
To keep PICTUR AI safe and reliable for all users, you agree not to:
- Upload, generate, or share content that is unlawful, infringing, harassing, hateful, or otherwise objectionable.
- Reverse engineer, decompile, or attempt to extract source models or code from the services.
- Bypass, disable, or interfere with security features or rate limits.
- Use the services to train competing AI systems or distribute automated scripts that degrade performance.
- Impersonate another person or misrepresent your affiliation with any entity.
5. Fees, Credits, and Trials
Certain features may require payment or credit consumption. Prices, credit allowances, and plan benefits are described on our pricing page and may change with notice.
Unless otherwise stated, fees are non-refundable once services are rendered. Trials or promotional credits are subject to additional limitations communicated at the time of offer.
6. Intellectual Property
All intellectual property rights in the services, including underlying models, software, and branding, remain with PICTUR and its licensors. Except for the limited rights expressly granted in these Terms, no other rights are transferred to you.
You represent and warrant that you have the necessary rights to the content you upload and that your use does not infringe or violate third-party rights.
7. User Content and Feedback
You retain ownership of content you upload to the services. You grant us a limited license to host, process, and display that content solely for the purpose of providing the services to you.
If you provide feedback, suggestions, or ideas, you agree that we may use them without restriction or obligation to you.
8. Data Usage
We process content and metadata to operate, secure, and improve the services. PICTUR AI does not use customer uploads or outputs to train its machine learning models.
For additional details, please review our privacy practices outlined in the Privacy Policy.
9. Third-Party Services
We may integrate third-party services (for example, payment processors or storage providers). Your use of those services is subject to the third party’s terms, and PICTUR is not responsible for their actions or agreements.
10. Disclaimers
PICTUR provides the services on an as-is and as-available basis. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.
We do not guarantee uninterrupted access, error-free operation, or that generated content will meet your requirements.
11. Limitation of Liability
To the maximum extent permitted by law, PICTUR is not liable for any indirect, incidental, special, consequential, or exemplary damages arising from or relating to your use of the services.
Our total liability for any claim arising out of or relating to these Terms or the services will not exceed the greater of (a) the amounts you paid us in the twelve months preceding the claim, or (b) USD $100.
12. Indemnification
You agree to indemnify and hold harmless PICTUR, its affiliates, officers, directors, employees, and agents from any claims, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising from your use of the services, violation of these Terms, or infringement of any third-party rights.
13. Changes to the Services or Terms
We may update the services or these Terms from time to time. When we make material changes, we will provide notice by updating the Last Updated date above and, when appropriate, by additional notice.
Your continued use of the services after changes become effective constitutes acceptance of the revised Terms.
14. Governing Law
These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict of law principles. Any disputes arising under these Terms will be resolved in the state or federal courts located in Delaware, and you consent to their jurisdiction.
15. Contact
If you have questions about these Terms or the services, please contact us at [email protected]. You may also write to us at PICTUR AI, 651 N Broad St, Suite 206, Middletown, DE 19709 USA.