Terms of Service
Last Updated: February 18, 2025
1. Acceptance of Terms
Welcome to Pictulary! These Terms of Service ("Terms") govern your use of Pictulary's website, mobile application, and related services (collectively, the "Service") operated by Pictulary ("we," "us," or "our").
By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of these Terms, then you may not access the Service.
2. Description of Service
Pictulary is an AI-powered image generation platform that allows users to create images from text prompts using artificial intelligence technology. Our Service includes:
- AI image generation from text prompts
- Image editing and enhancement tools
- Community features for sharing and discovering content
- User profiles and galleries
- Mobile and web applications
3. User Accounts
To use certain features of our Service, you must create an account. You agree to:
- Provide accurate, current, and complete information
- Maintain and update your account information
- Keep your password secure and confidential
- Be responsible for all activities under your account
- Notify us immediately of any unauthorized access
You must be at least 13 years old to create an account. Users under 18 must have parental consent.
4. Acceptable Use
You agree to use our Service only for lawful purposes and in accordance with these Terms. You agree NOT to:
- Generate illegal, harmful, or offensive content
- Create images that violate intellectual property rights
- Generate content depicting minors in inappropriate contexts
- Create deepfakes or misleading content of real people without consent
- Use the Service to harass, threaten, or harm others
- Attempt to reverse engineer or copy our AI models
- Use automated tools to access the Service without permission
- Violate any applicable laws or regulations
5. Content and Intellectual Property
5.1 Your Content
You retain ownership of the text prompts you input and any original content you upload. By using our Service, you grant us a license to use your prompts to generate images and improve our Service.
5.2 Generated Images
Images generated through our Service are owned by you, subject to these Terms. However, you acknowledge that:
- Similar images may be generated for other users from similar prompts
- We retain the right to use generated images for service improvement
- Public images may be used for marketing and promotional purposes
5.3 Our Intellectual Property
The Service, including our AI models, algorithms, software, and branding, is protected by intellectual property laws and remains our property.
6. Privacy
Your privacy is important to us. Please review our Privacy Policy, which explains how we collect, use, and protect your information when you use our Service.
7. Payments and Subscriptions
7.1 Paid Services
Some features of our Service require payment. By purchasing paid services, you agree to pay all applicable fees and taxes.
7.2 Subscriptions
Subscription services automatically renew unless cancelled. You can cancel your subscription at any time through your account settings.
7.3 Refunds
Refunds are generally not provided for digital services already rendered. However, we may provide refunds at our discretion or as required by law.
8. Service Availability
We strive to provide reliable service, but we cannot guarantee uninterrupted access. We may:
- Temporarily suspend service for maintenance
- Modify or discontinue features
- Implement usage limits
- Update our AI models and capabilities
9. Termination
Either party may terminate these Terms at any time. We may suspend or terminate your account if you violate these Terms. Upon termination:
- Your access to the Service will cease
- Your account data may be deleted
- Certain provisions of these Terms will survive termination
10. Disclaimers
THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not warrant that the Service will be uninterrupted, error-free, or secure. Generated images may not always meet your expectations or requirements.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR DATA.
OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE MONTHS PRECEDING THE CLAIM.
12. Indemnification
You agree to indemnify and hold us harmless from any claims, damages, or expenses arising from your use of the Service, violation of these Terms, or infringement of any rights of another.
13. Governing Law
These Terms shall be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to conflict of law principles.
14. Changes to Terms
We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on our website and updating the "Last Updated" date.
Your continued use of the Service after changes become effective constitutes acceptance of the new Terms.
15. Contact Information
If you have any questions about these Terms, please contact us:
These Terms of Service are effective as of February 18, 2025.