Effective Date: February 18, 2024
Welcome to PicPlay – AI Art Generator, the innovative mobile photo editor developed by Prominent IT Tech Solutions, LLC ("Company," "we," "us," or "our"), a leading mobile technology company specializing in deep learning-related products. Our mission is to elevate mobile photography creation using advanced technologies such as neural networks, deep learning, and computer vision techniques, providing users with novel ways to express their emotions through their cameras.
These Terms of Use ("Terms") are applicable to all users and individuals who download, install, register, access, or use ("Use" and "Users," "you," respectively) our mobile application, PicPlay AI Art Generator ("PicPlay" or "application").
By Using PicPlay, you enter into a binding contract with us, and acceptance of these Terms signifies your agreement on behalf of yourself or the entity you represent in connection with PicPlay. If you are Using PicPlay on behalf of another individual or entity, you assert that you are authorized to accept these Terms on their behalf, and the respective person or entity agrees to be accountable to us for any violations.
Your Use of PicPlay constitutes acceptance of these Terms. If you disagree with these Terms, including the mandatory arbitration provision and class action waiver in Section 15 (Dispute Resolution; Binding Arbitration), please refrain from Using PicPlay. Continued Use of PicPlay implies your ongoing acceptance of these Terms.
For any inquiries about these Terms or PicPlay, please reach out to us (refer to the "How to Contact Us" section for contact information).
PicPlay is an application-based software leveraging advanced artificial intelligence algorithms to metamorphose your photos into artistic masterpieces. It offers functionalities such as altering backgrounds or foregrounds, overlaying objects with diverse elements, and replicating styles or effects from other images. The artificial intelligence algorithms draw inspiration from a myriad of renowned artists' styles.
With PicPlay, you have the option to (i) capture photos within the application or (ii) import existing photos into the application. Subsequently, you can apply an array of stylized filters or effects to these photos. Once a filter or effect is chosen, PicPlay's algorithm engages, orchestrating a transformative process on the photo. The final result can be shared on social media platforms or stored for personal use.
General Age Limitation:
To use PicPlay, you must be a minimum of 13 years old. If you are under 18 years of age (or below the legal majority age in your jurisdiction), your use of PicPlay must be supervised by a parent or legal guardian who consents to be bound by these Terms. Parents or legal guardians of users under 18 (or below the legal majority age) accept full responsibility for the actions of such users in connection with PicPlay.
Age Limitation for European Economic Area (“EEA”) Residents:
In compliance with the General Data Protection Regulation (“GDPR”), PicPlay requires users in the European Economic Area to be at least 16 years old. Usage by EEA residents under 16 years old is not permitted as dictated by applicable law. If you are aware of any user under 16 utilizing PicPlay, please contact us (refer to How to Contact Us Section), and we will take necessary measures to prevent their use.
By accessing PicPlay, you affirm that you possess the authority to enter into this agreement without violating any existing agreements, ensuring you have not been previously suspended or removed from using PicPlay. Additionally, you commit to using PicPlay in compliance with all relevant laws, and it is not accessible to users previously prohibited from usage.
For certain features or functionalities within PicPlay, which may be introduced and maintained at our discretion, you may need to create an account with us ("Account"). By establishing an Account, you commit to: (i) furnish accurate, up-to-date, and comprehensive information for your Account, (ii) regularly update your Account details as required, (iii) safeguard the security of your Account login information, (iv) be accountable for actions or oversights of any third party authorized to use PicPlay on your behalf, and (v) promptly inform us of any identified or suspected security breaches associated with your Account. You bear full responsibility for upholding the confidentiality of your Account login information and all activities occurring within your Account. We disclaim any liability for losses or damages resulting from your non-compliance with the aforementioned stipulations.
Registration of your Account can be facilitated using a valid account from the app store or marketplace where PicPlay was downloaded (e.g., Apple App Store, Google Play, etc.)—referred to as a "Third-Party Account." When registering your Account through a Third-Party Account, you grant PicPlay access to your Third-Party Account in accordance with the applicable terms and conditions governing your use of both PicPlay and the Third-Party Account. PLEASE NOTE THAT YOUR INTERACTION WITH THIRD-PARTY SERVICE PROVIDERS LINKED TO YOUR THIRD-PARTY ACCOUNTS IS EXCLUSIVELY GOVERNED BY YOUR AGREEMENT(S) WITH THOSE THIRD-PARTY SERVICE PROVIDERS.
For details on the collection, utilization, and disclosure of your information during your use of PicPlay, please consult our Privacy Policy. The transfer and storage of your information while using PicPlay are regulated by our Privacy Policy. By using PicPlay, you acknowledge and consent to the terms outlined in our Privacy Policy.
PicPlay enables you to upload, edit, create, store, and share photos ("User Content"). With the exception of the Company License granted below, you retain all rights to your User Content, maintaining ownership between you and us.
By granting us a Company License, you provide a perpetual, revocable, nonexclusive, royalty-free, worldwide, fully-paid, transferable, sub-licensable license to utilize, reproduce, modify, adapt, translate, and create derivative works from your User Content. This license is without additional compensation to you, always subject to your explicit consent as required by applicable law and outlined in our Privacy Policy. The Company License is strictly for operating, developing, providing, and improving PicPlay, as well as researching, developing, and enhancing our existing and new products, including but not limited to PicPlay, unless you have explicitly consented to a different purpose required by applicable law.
You also grant consent for us to use the User Content, irrespective of whether it includes an individual’s name, likeness, or persona, to an extent sufficient to indicate the individual’s identity. You acknowledge that our use of your User Content will not result in any harm to you or any authorized person acting on your behalf.
You represent and warrant that: (i) you own the User Content stylized by you on or through PicPlay or have the right to grant the rights and licenses described in these Terms; (ii) you agree to pay all royalties, fees, and any other monies owed due to the User Content you stylize on or through PicPlay; and (iii) you have the legal right and capacity to enter into these Terms in your jurisdiction.
You are prohibited from uploading, editing, creating, storing, or sharing any User Content that violates these Terms or for which you do not possess all the necessary rights to grant us the Company License as described above.
We will not be held liable to you for any modification, suspension, or discontinuation of PicPlay or the loss of any User Content.
When utilizing PicPlay, users must comply with applicable laws, third-party rights, and the terms outlined by the Company, taking sole responsibility for their conduct. Users agree not to engage in the following:
Users may only share non-confidential user content with necessary rights to disclose, avoiding any content that is:
PicPlay reserves the right to monitor user conduct, investigate violations, and cooperate with law enforcement authorities to prosecute violators. The discretion to suspend or discontinue PicPlay, introduce features, impose limitations, or restrict access is reserved.
PicPlay, along with its content, encompassing text, graphics, images, photographs, videos, illustrations, trademarks, trade names, page headers, button icons, scripts, service marks, logos, slogans, filters, tools, user-generated tools, and other materials (collectively referred to as "PicPlay Content"), is either owned by us or licensed to us, safeguarded under both United States and foreign laws. With the exception of explicit statements in these Terms, we and our licensors reserve all rights, titles, and interests, including intellectual property rights, in and to PicPlay and the PicPlay Content. Your utilization of the PicPlay Content is perpetually governed by these Terms, and if applicable, additional terms and conditions that we may communicate to you, such as terms from our licensors ("Supplemental Terms"). Supplemental Terms are hereby integrated into these Terms by reference, and in case of any conflict or inconsistency, the latter shall prevail.
You are hereby granted a limited, nonexclusive, nontransferable, nonsublicensable, revocable license (referred to as "User License") to use PicPlay and the PicPlay Content for your personal use. However, this User License is contingent on compliance with these Terms and, if applicable, the Supplemental Terms and does not encompass the right to: (i) sell, resell, or commercially use PicPlay or the PicPlay Content; (ii) copy, reproduce, distribute, publicly perform, or publicly display the PicPlay Content, except as expressly permitted by us or our licensors; (iii) modify the PicPlay Content, remove proprietary rights notices or markings, or make any derivative uses of PicPlay or the PicPlay Content, except as expressly set forth in these Terms and the Supplemental Terms; (iv) employ data mining, robots, or similar data gathering methods; or (v) use PicPlay or the PicPlay Content other than expressly provided in these Terms and the Supplemental Terms. Unauthorized use beyond what is specifically authorized herein, without our prior written permission, is strictly prohibited and will result in the termination of the User License granted under these Terms and, if applicable, the Supplemental Terms. You must not remove, alter, or conceal any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the PicPlay Content.
PicPlay may offer virtual services or tools that can be licensed for a fee, typically through in-app purchases ("Purchased Content"). Usage of Purchased Content is restricted to individuals over 18 years old (or the age of legal majority in their jurisdiction) on a limited, personal, nontransferable, nonsublicensable, and revocable basis for non-commercial purposes only. We retain the right to manage, regulate, control, modify, or eliminate Purchased Content at our discretion, including subscriptions, after a specified time as outlined in the respective subscription terms.
Upon the availability of Purchased Content (and for subscriptions, after a specified time under the subscription terms), our obligation to provide the Purchased Content is considered fulfilled. We make no guarantee regarding the ongoing availability of Purchased Content to the purchaser, nor do we assure continuous support for Purchased Content by PicPlay (unless specified otherwise in subscription terms). REGARDLESS OF ANY CONTRARY PROVISION HEREIN AND SUBJECT TO MANDATORY LEGISLATION, YOU ACKNOWLEDGE THAT WE ARE NOT OBLIGATED TO PROVIDE A REFUND FOR THE PURCHASED CONTENT FOR ANY REASON. You will not receive compensation or money for any unused Purchased Content, whether the loss was voluntary or involuntary.
For security and privacy reasons, we cannot view, access, or modify any financial transactions related to Apple or Google LLC in-app subscriptions. If you require a refund, we encourage you to contact the respective support teams of Apple or Google LLC regarding your subscription.
PicPlay is committed to respecting the legitimate rights of copyright owners and will address notices of alleged copyright infringement in compliance with applicable law. If you believe that any materials on PicPlay, such as text, graphics, photos, audio, music, videos, or other works, have been copied in a way that constitutes copyright infringement, you can request the removal of that content by submitting a written notification to our designated copyright agent.
In accordance with the Digital Millennium Copyright Act (DMCA), your written notice ("DMCA Notice") must include the following:
Please ensure compliance with all requirements of Section 512(c)(3) of the DMCA for the effectiveness of your DMCA Notice. Knowingly misrepresenting copyright infringement may result in liability under Section 512(f) of the DMCA. We will take reasonable steps to disable access to PicPlay for Users found to have repeatedly infringed copyrights.
To the maximum extent allowed by law, you agree to indemnify, defend, and hold PicPlay and its officers, directors, agents, partners, and employees ("Company Parties") harmless from any claims arising from your use of PicPlay, User Content, or violation of these Terms. This indemnity is supplementary to other written agreements.
PicPlay does not endorse, control, or take responsibility for User Content, third-party content, or linked materials on the app. Your use of PicPlay and any third-party resources is at your own risk. The app is provided "as is" without warranties, and we do not guarantee accuracy, completeness, or error-free operation. You assume all risks.
PicPlay and its affiliates shall not be liable for any indirect, consequential, exemplary, incidental, punitive, or special damages or lost profits, regardless of the legal theory. The total liability for any claim related to PicPlay or these Terms is limited to the amount paid, if any, by you to use PicPlay. In no event will PicPlay's total liability exceed the amounts you've paid or ten ($10) U.S. dollars if no payment obligations exist. These limitations are fundamental elements of the agreement and do not apply to fraud, intentional misconduct, or matters where liability cannot be excluded under applicable law. Some jurisdictions may not allow certain exclusions or limitations, affecting their applicability.
To the fullest extent permitted by applicable law, you release PicPlay and its affiliates from all responsibility, liability, claims, demands, and damages arising from disputes between users and the acts or omissions of third parties, known or unknown. You expressly waive any rights under California Civil Code § 1542 or other laws limiting the release's coverage to claims known or suspected at the time of agreement.
Carefully review this section, as it mandates arbitration for certain disputes with PicPlay and outlines relief-seeking limitations. Apart from small claims handled individually in the county of your billing address or disputes seeking injunctive relief for alleged intellectual property misuse, both parties waive jury trial rights. All disputes will undergo confidential binding arbitration in Santa Clara County, California, following the Streamlined Arbitration Rules and Procedures of the Judicial Arbitration and Mediation Services (JAMS). This applies to individual arbitration only, not as a class or representative proceeding. The Federal Arbitration Act governs these terms, giving the arbitrator exclusive authority over procedural and substantive decisions. Any claim related to these terms or PicPlay must be filed within one year; otherwise, it's permanently barred. You can opt out of binding arbitration within 30 days by notifying PicPlay via email at PhotoAIArtGenerator@gmail.com, choosing Section 16 for dispute resolution.
PicPlay's Terms and your usage fall under California law, interpreted and enforced without consideration of conflict of law rules. Disputes not subject to arbitration or small claims court will be resolved in California's state or federal courts, specifically in Santa Clara County.
PicPlay reserves the right to modify these Terms periodically. Altered Terms will be posted with an updated "Effective date," and it is your responsibility to regularly review the terms. While we may attempt to notify you through PicPlay, the amended terms take effect immediately upon posting. By continuing to use PicPlay after the notice, you confirm acceptance of the changes. If you disagree with the revised terms, you must discontinue use of PicPlay.
By utilizing PicPlay, you consent to receiving electronic communications from us, encompassing emails, push notifications, and posted notices on the PicPlay platform. Whether you interact with PicPlay or communicate via email, these electronic communications form part of our interaction. You agree to receive such communications in electronic form for contractual purposes, acknowledging that they satisfy legal requirements as if in writing. This consent does not affect your statutory rights. Communications may include operational updates, Privacy Policy and Terms revisions, as well as information about new features and promotional content related to PicPlay and Company products. Opt-out options for promotional emails and push notifications are available through provided links, PicPlay settings on your mobile device, or by contacting us directly.
PicPlay reserves the sole and discretionary right to terminate your PicPlay usage without notice. We hold no responsibility for any loss or harm arising from your inability to use PicPlay. In the event of termination, discontinuation, or cancellation of PicPlay, key provisions in these Terms will endure. This includes, but is not limited to, ownership terms, warranty disclaimers, limitations of liability, and dispute resolution provisions, ensuring the preservation of essential terms beyond the conclusion of your PicPlay usage.
If you are utilizing PicPlay on a device operating on the iOS mobile system ("App") by Apple Inc. ("Apple"), the following terms are applicable:
If you have any questions, complaints or claims with respect to these Terms or PicPlay, please contact us via email at PhotoAIArtGenerator@gmail.com
These Terms encompass the entire agreement governing your use of PicPlay, superseding any prior oral or written agreements between you and the Company. They are presented solely in the English language, and you waive any requirement for localization or non-electronic records delivery. The failure to enforce any provision doesn't waive that right, requiring a written waiver from the Company. Remedies exercised under these Terms won't prejudice other available remedies. If any provision is deemed invalid, the rest remains enforceable to the maximum extent permissible. Section titles are for convenience only. These Terms are for your and the Company's benefit and confer no third-party beneficiary rights. You can't transfer rights without consent, while we can freely do so. These Terms bind parties, successors, and assigns, ensuring continuity and adherence to obligations.