Terms of Service

1. Introduction

These Terms of Service ("Terms") govern your use of the PicTools.AI website and the AI-powered tools we offer, including, but not limited to, the background remover, background changer, background blurrer, AI image generator, and other tools available on our site ("Service"). PicTools.AI is operated by Dice la cancion, S.L. ("Company", "we", "our").

Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard, and disclose information that results from your use of our web pages. Please read it here.

Your agreement with us includes these Terms and our Privacy Policy ("Agreements"). By using our Service, you acknowledge that you have read and understood, and agree to be bound by these Agreements. If you do not agree with the Agreements, you must not use the Service. These Terms apply to all visitors, users, and others who wish to access or use the Service.

2. Communications

By creating an account on our Service, you agree to subscribe to materials and information we may send you. However, you may opt out of receiving these communications by following the unsubscribe link or by emailing us at contact@pictools.ai. Please note that we will continue to send communications about critical or essential information related to your account, such as account access and payments, even if you choose not to receive other communications.

3. Purchases

If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct, and complete.

To facilitate payments and completion of Purchases, we use Stripe as our payment service provider. By submitting your information, you grant us the right to provide the information to Stripe, subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order, or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

4. Subscriptions

Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles may be monthly or annual, depending on the type of subscription plan you select when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or we cancel it. You may cancel your Subscription renewal through your online account management page.

A valid payment method, such as a credit card, may be required to process the payment for your subscription. You shall provide the Company with accurate and complete billing information including full name, address, zip code, telephone number, and valid payment method information when requested. By submitting such payment information, you automatically authorize the Company to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

5. Fee Changes

The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

The Company will provide you with reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

6. Refunds

Except when required by law, paid Subscription fees or any Purchase are non-refundable. At its sole discretion, the Company may offer a refund up to 2 days after a purchase, on the first payment of a subscription, and within one day of a subsequent purchase renewal. The Company may, at the time of service delivery or through its communication on the website, at its sole discretion, make an exception to the refund terms for specific purchases or subscriptions.

7. Content

You may provide input to the Service ("Input") and receive output from the Service based on the Input ("Output"). Input and Output are collectively referred to as "Content". You are responsible for Content, including ensuring it does not violate any applicable law or these Terms. You represent and warrant that you have all rights, licenses, and permissions necessary to provide the Input to our Services.

As between you and the Company, and to the extent permitted by applicable law, (a) you retain your rights to the Input and (b) you own the Output. We hereby assign to you all our right, title, and interest, if any, in and to the Output.

Our Service also allows you to post, link, store, share, and otherwise make available this Content. By posting Content on or through the Service, you represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

However, by posting Content using the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.

Content may be used to improve machine learning models trained to enhance the Service, and may be stored and processed separately for that purpose. While the data itself will be treated and deleted in accordance with the user's rights over their data, as set forth in these Terms of Service and the Privacy Policy, we will indefinitely retain the rights to the implicit learning gained by the machine learning models.

8. Prohibited Uses

You may use the Service only for lawful purposes and in accordance with the Terms. You agree not to use the Service:

In any way that violates any applicable national, state, local, or international law or regulation.
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise harmful behavior.
To generate or disseminate verifiably false information with the purpose of harming others.
To generate or disseminate personal identifiable information that can be used to harm an individual.
To defame, disparage, or otherwise harass others.
For fully automated decision making that adversely impacts an individual's legal rights or otherwise creates or modifies a binding, enforceable obligation.
For any use intended to or which has the effect of discriminating against or harming individuals or groups based on online or offline social behavior or known or predicted personal or personality characteristics.
To exploit any of the vulnerabilities of a specific group of persons based on their age, social, physical, or mental characteristics, in order to materially distort the behavior of a person pertaining to that group in a manner that causes or is likely to cause that person or another person physical or psychological harm.
For any use intended to or which has the effect of discriminating against individuals or groups based on legally protected characteristics or categories.
To provide medical advice and medical result interpretation.
To generate or disseminate information for the purpose of being used for the administration of justice, law enforcement, immigration or asylum processes, such as predicting an individual will commit fraud/crime.
To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.
In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by us, may harm or offend the Company or users of the Service or expose them to liability.

Additionally, you agree not to:

Use the Service in any manner that could disable, overburden, damage, or impair the Service or interfere with any other party's use of the Service.
Use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service.
Use any manual process to monitor or copy any of the material on the Service or for any other unauthorized purpose without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Service.
Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service.
Attack the Service via a denial-of-service attack or a distributed denial-of-service attack.
Take any action that may damage or falsify Company rating.
Otherwise attempt to interfere with the proper working of the Service.

9. Intellectual Property

The Service and its original content (excluding Content provided by users), features, and functionality are and will remain the exclusive property of the Company and its licensors. The Service is protected by copyright, trademark, and other laws of both Spain and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

10. Limitation of Liability

Except where prohibited by law, you will hold the Company and its directors, employees, and agents harmless for any indirect, punitive, special, incidental, or consequential damage, however it arises (including attorneys' fees and all related costs and expenses of litigation and arbitration, or at trial or on appeal, if any, whether or not litigation or arbitration is instituted), whether in an action of contract, negligence, or other tortious action, or arising out of or in connection with this agreement, including without limitation any claim for personal injury or property damage, arising from this agreement and any violation by you of any federal, state, or local laws, statutes, rules, or regulations, even if the Company has been previously advised of the possibility of such damage. Except where prohibited by law, if there is liability found on the part of the Company, it will be limited to the greater of the amount you paid for the Service that gave rise to the claim during the 12 months prior to the liability arising or one hundred dollars ($100), and under no circumstances will there be consequential or punitive damages.

11. Termination

We may suspend or terminate your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

12. Governing Law

These Terms shall be governed and construed in accordance with the laws of Spain, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

13. Changes to Service

We reserve the right to withdraw or amend our Service, and any service or material we provide via the Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service, or the entire Service, to users, including registered users.

14. Amendments to Terms

We may amend the Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.

Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

15. Contact Us

Please send your feedback, support requests, or other inquiries to contact@pictools.ai.

Last updated: 31-08-2024