Last updated on October 18, 2023
PicStudio.AI operated by Prompt Hunt Inc. ("PicStudio.AI") provides image generation and headshot photography services, and related offerings (the "Services") to you, the user, subject to your acceptance of all the terms set forth in this Agreement, including these Terms and Conditions and all associated policies.
By accessing and using PicStudio.AI's Services, you signify your consent and agreement to be bound by this Agreement. Please take the time to carefully read and understand these Terms and Conditions, as they govern your rights and responsibilities regarding the generated assets ("Assets") and your use of the Services. Additionally, this Agreement covers crucial aspects such as arbitration and outlines our data handling practices in our privacy policy.
This Agreement is entered into by PicStudio.AI Inc. and the entity or individual accepting these terms ("Customer") and governs the Customer's access to and usage of the Services. The Effective Date of this Agreement is when the Customer first accesses and utilizes the Services or generates and receives Assets. Periodically, we may update and present the terms of this Agreement to the Customer. Continued usage of the Services after such updates constitutes the Customer's acceptance of the revised terms. If you do not agree with this Agreement, please discontinue using PicStudio.AI's Services.
Additional documents referenced herein, including the Community Guidelines provided below, also apply to the Customer's usage of the Services.
At PicStudio.AI, we are committed to continuously improving our Services to enhance your experience. This means that the Services are subject to updates, modifications, and changes, including, but not limited to, adjustments in the art style of Assets, algorithms utilized for generating Assets, and available features for Customers. However, we do not guarantee the quality, stability, uptime, or reliability of the Services.
Please refrain from creating dependencies on specific attributes of the Services or the Assets, as they may evolve over time. We shall not be held liable for any harm or inconvenience caused to you or your downstream customers resulting from your reliance on the Services.
Both the Services and the Assets are provided on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, whether express or implied. This includes, but is not limited to, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. As the Customer, you assume full responsibility for determining the suitability of using or redistributing the Assets and acknowledge the associated risks.
PicStudio.AI reserves the right to suspend or terminate your access to the Services at any time and for any reason. The usage of the Services for competitive research is strictly prohibited. Reverse engineering the Services or the Assets, as well as using automated tools to access, interact with, or generate Assets through the Services, is not allowed.
Please note that only one user is permitted to use the Services per registered account, and each user can have only one account. We retain the right to investigate any complaints or reported violations of our Terms of Service. In doing so, we may take appropriate actions, such as reporting suspected unlawful activities to law enforcement officials, regulators, or other third parties. Additionally, we may disclose any information deemed necessary or suitable to such individuals or entities, including user profiles, e-mail addresses, usage history, posted materials, IP addresses, and traffic information.
By accessing and using the Services, you affirm that you are at least 13 years old and meet the minimum age of digital consent required in your country. If you are eligible to access the Services in your country but lack the authority to consent to our terms due to being underage, it is essential that your parent or legal guardian agrees to our terms on your behalf. We kindly request that you involve your parent or guardian in reading these terms together with you. As a parent or legal guardian, if you permit your teenager to utilize the Services, these terms equally apply to you, and you are responsible for monitoring your teenager's activities on the platform.
PicStudio.AI endeavors to ensure that its Services maintain a PG-13 and family-friendly standard. However, please be aware that the Assets are generated by an artificial intelligence system based on user queries. As this technology is constantly evolving, there may be instances where the results do not meet expectations. We do not guarantee the suitability of the generated Assets for individual Customers.
When utilizing the Services, you may be required to provide PicStudio.AI with certain personal information such as your email address, user name, billing details, favorites, image outputs, and text prompts that you enter, or sample images that you upload to the platform. Our policy regarding the handling and usage of your personal information, along with the rights you possess concerning it, can be found [link to your privacy policy].
Both you, as the Customer, and PicStudio.AI agree to adhere to all applicable data protection laws. In the event that additional terms pertaining to data privacy or data transfers are necessary, both parties commit to collaborate in good faith to establish such terms.
As per applicable laws and subject to the following terms, you retain ownership of the content you upload ("Uploads") while acknowledging that PicStudio.AI owns all the generated content ("Generations"). Consequently, you hereby make any necessary assignments to effectuate this ownership arrangement.
PicStudio.AI grants you exclusive rights to reproduce and display the Generations you have created, and we undertake not to resell or use such Generations in any manner that would infringe upon your rights or those of your end users. Additionally, we will not assert any copyright claims in these Generations against you or your end users, provided that you adhere to these terms and our Content Policy.
In the event that you breach our terms or Content Policy, your rights to use the Generations may be revoked. However, we will provide you with written notice and a reasonable opportunity to rectify the violation, unless the breach is clearly illegal or abusive in nature.
Please be aware that similar or identical Generations may be created by other users utilizing their own prompts. Your exclusive rights extend only to the specific Generation you have personally created.
PicStudio.AI is dedicated to fostering a positive and respectful community environment for all users. To maintain this standard, we have established the following Community Guidelines:
Respectful Content: Create and share content that is respectful, appropriate, and considerate of others.
No Illegal Activities: Do not use the Services for any illegal activities or to create content that promotes illegal activities.
No Harassment: Harassment, bullying, or any form of abusive behavior towards other users is strictly prohibited.
Appropriate Content: Ensure that all content created and shared is appropriate for a general audience and follows our content policies.
Respect Intellectual Property: Do not infringe upon the intellectual property rights of others.
Violation of these Community Guidelines may result in the suspension or termination of your account and access to the Services.
You understand and agree that PicStudio.AI shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or relating to your use of the Services or these Terms of Service.
You agree to indemnify, defend, and hold harmless PicStudio.AI, its officers, directors, employees, agents, and affiliates from any claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to your use of the Services or violation of these Terms of Service.
PicStudio.AI reserves the right to modify these Terms of Service at any time. We will notify you of any material changes by posting the new Terms of Service on our website. Your continued use of the Services following the posting of any changes constitutes your acceptance of such changes.
If you have any questions about these Terms of Service, please contact us at:
Email: supportteam@picstudio.ai
Last Updated: [Date]