TERMS OF USE

Effective date: 26 Feburary, 2023

At PicAIso (“Company”, “we”, “us” or “our”), we are excited to bring novel technology to help people express themselves in new artistic ways.

These Terms of Use (these “Terms”) apply to all users and others (“Users”, “you”, as applicable) who register with, access, or use (“Use”, “Using”) our software service PicAIso (“PicAIso” or “application”).

By Using PicAIso, you agree to these Terms. If you do not agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 15 (Dispute Resolution; Binding Arbitration), do not Use PicAIso. Your continued Use of PicAIso will confirm your acceptance of these Terms.

These Terms are a binding contract between you and us. You are accepting and agreeing to these Terms on behalf of yourself or the entity that you represent in connection with the Use of PicAIso. If you are Using PicAIso on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person, or entity’s behalf and that such person or entity agrees to be responsible to us if you or the other person or entity violates these Terms.

BY USING THE APPLICATION, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THE TERMS AND YOU EXPLICITLY CONFIRM THAT YOU ARE AT LEAST 18/21 YEARS OLD (AS APPLICABLE IN YOUR JURISDICTION). If you have any questions about these Terms or PicAIso, please contact us via our website's contact page.

How does PicAIso work?

  • User uploads 10 to 20 photos and selects their gender.
  • With this data, a textual embedding model is trained and applied to an existing Stable Diffusion model.
  • By applying the trained textual embedding model to the existing Stable Diffusion model and a customized textual prompt, personalized avatars are generated.
  • After the avatars are generated, the textual embedding model, along with uploaded photos, are retained on the servers of our third-party partners. Upon the request of account owners, this data will be removed from the servers of our third-party partners. We set certain restrictions to the use the avatars in restricted cases (e.g., using nude photos, using photos of other people without their consent e.t.c.). The full list of restrictions you can find in Section 6.
  • We do not use your Personal Data to generally train and/or create our separate artificial intelligence/products.

We do our best to moderate the settings of the AI model, however, it is still possible that you may encounter content that you may see as inappropriate for you. Please contact us via our website's contact page if you find any of the content to be offensive or inappropriate to you, we will promptly take the action and it will help us to train the algorithm better.

Also, we expect and appreciate you observing the rules of PicAIso Use listed in Section 6 of these Terms.

1. DESCRIPTION OF SERVICES     

PicAIso is a software service that accepts user-uploaded images, uses them to train machine learning models, and allows the generation of avatars or digital characters from the trained models. The application allows you to (a) upload photos onto our application; (b) generate images. Any processing of photos you submit through PicAIso are governed by our Privacy Policy.

Without prior notice to you, we may change, expand, and improve the application. We may also, at any time, cease to continue operating part or all of the application or selectively disable certain features of the application. Your use of the application does not entitle you to the continued provision or availability of the application. Any modification or elimination of PicAIso or any particular features will be done at our sole discretion.

2. ELIGIBILITY

TL;DR: If you want to generate personalized avatars, you must be of the age of legal majority (it means you must be both: at least 18 years of age; and of the age of majority under the laws of your jurisdiction). This age limitation arises from the fact that AI is unpredictable and, though we do our best to configure the safety settings, we do not want to harm any minors with any unexpected content.

General age limitation. You must be at least 18 years of age to Use PicAIso. If you are under 18 years of age (or the age of legal majority where you live), you may only Use PicAIso under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a User under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such User in connection with PicAIso.

 If you are aware of anyone younger than 18 using PicAIso, please contact us via our website's contact page and we will take reasonable steps to preclude such person from PicAIso Use.

You represent and warrant that you have the full power and authority to enter into this agreement and that in doing so you will not violate any other agreement to which you are a party and that you have not been previously suspended or removed from Using PicAIso. You further agree to Use PicAIso in compliance with all applicable laws and to provide only true and accurate information to us. PicAIso is not available to any Users previously prohibited from Using it.

3. USER ACCOUNTS AND ACCOUNT SECURITY

TL;DR: you can create an account in PicAIso, and you are responsible for maintaining confidentiality and control over your account by setting a secure password.

Certain PicAIso features or functionalities, that we may establish and maintain from time to time and in our sole discretion, may require you to register an account with us (“Account”). By creating an Account, you agree to: (i) provide accurate, current, and complete information for your Account, (ii) maintain and promptly update, as necessary, your Account information, (iii) maintain the security of your Account login information, (iv) be responsible for all activity that occurs via your account even if that activity is not by you or is without your knowledge or consent, and (v) immediately notify us if you discover or otherwise suspect any security breaches related to your Account. You are entirely responsible for maintaining the confidentiality, security and control of your Account login information and for all activities that occur in your Account. We are not liable for any loss or damage arising from your failure to comply with the above requirements.

4. PRIVACY

Please refer to our Privacy Policy for information about how we collect, process and transfer information about you when you Use PicAIso. Transfer and storage of information about you, whilst you Use PicAIso, is governed by our Privacy Policy. You acknowledge and agree that your Use of PicAIso is subject to our Privacy Policy.

5. USER CONTENT

TL;DR: You can upload your photos to create personalized avatars. Both your original content and your AI-generated content belong to you, and we claim no ownership over such content. You would need to give us a permission to use that content (to process it or for our AI to generate your avatars). You take this permission away when you delete any of your content from the service or delete your account and its data.

PicAIso may allow you to upload, edit, create AI-generated, and store content, including your photos (“User Content”). We do not claim ownership over your User Content, including AI-generated content you create Using PicAIso (for the purposes of these Terms, the term “User Content” explicitly includes any AI-generated content you create by Using the application).

We want you to enjoy the functionality of PicAIso seamlessly. Therefore, we would require a permit (called a license and referenced as a “Company License” explained further) to use your User Content uploaded to, downloaded from, and stored within our services. We would like to highlight that the Company license is limited to the purpose of our usage of your User Content and the parties we might share this User Content with. We do not sell any of your User Content with any third parties and use it for ensuring the appropriate functionality of the service only. 

Therefore, solely for the purposes of operating or improving PicAIso, you grant us a time-limited, revocable, non-exclusive, royalty-free, worldwide, fully-paid, transferable, sub-licensable license to use, reproduce, modify, distribute, create derivative works of your User Content, without any additional compensation to you and always subject to your additional explicit consent for such use where required by applicable law and as stated in our Privacy Policy. The Company License is for the limited purpose of operating PicAIso and improving our existing and new products, including but not limited to training PicAIso's AI within and solely for your Use of personalized avatar feature of the application or if otherwise implied by the Using of PicAIso and its services, unless you have provided us your additional explicit consent for the different purpose where required by applicable law. The Company License is time-limited in the sense that it automatically terminates when you delete the User Content from PicAIso’s library or by terminating your account with deletion of data associated with it. Moreover, the Company License in relation to User Content you upload to PicAIso to generate personalized avatars is automatically terminated when your data is deleted.​​

You acknowledge and agree that our use of your User Content will not result in any injury to you or to any person you authorized to act on your behalf.

TL;DR: here we impose some rules as to the content you may want to upload. Namely, you should own the photos you upload, and if you don’t, then you should hold a proper license to upload such content to PicAIso. Also, in case you wish to upload a photo or video depicting your friend or anyone else other than you, you must do so only with their consent. In case you upload someone else’s content to PicAIso and we receive claims, you will indemnify PicAIso for such claims (it means that we will ask you to financially compensate us these claims). We encourage you to observe these rules and not harm others using their content without consent.

You represent and warrant that: (i) you own the User Content edited and adjusted by you on or through PicAIso or otherwise have the right to grant the rights and licenses set forth in these Terms; (ii) you agree to pay for all royalties, fees, and any other monies owed by reason of the User Content you intend to edit and adjust on or through PicAIso and approve to us that any usage of third-party User Content is otherwise cleared by you with the respective rightholder; (iii) in case the User Content depicts third parties, you have received all the necessary consents from them to upload it to PicAIso; and (iv) you have the legal right and capacity to enter into these Terms in your jurisdiction.

You must not upload, edit, create, store or share any User Content that violates these Terms or to which you do not have all the rights necessary to grant us the Company License described above. You, furthermore, agree to indemnify, defend and hold PicAIso harmless for any unauthorized use of third-party User Content you might commit (both intentionally or unintentionally) in accordance with Section 11 “Indemnification” of these Terms.

You acknowledge that PicAIso is supported by advertising revenue and may display advertisements and promotions, and you hereby agree that we may place such advertisements and promotions on PicAIso or in conjunction with your User Content. The manner, mode and extent of such advertisements and promotions are subject to change without specific notice to you. We will not be liable to you for any modification, suspension or discontinuation of PicAIso, or the loss of any User Content, if this loss occurs outside of our control (e.g., due to a security breach). However, we hereby commit to informing you of such security incident in accordance with our Privacy Policy (and its Section 8 “Data Security”).

6. PROHIBITED CONDUCT AND CONTENT

TL;DR: The list below may be indeed too long to read, but it lists some ways of using PicAIso that breach the agreement between you and us. PicAIso is made for your entertainment, and we want everyone to respect each other and not ruin the user experience for each other by misuse of PicAIso.

Use of AI-generated content

General rules. You will not violate any applicable contract, intellectual property law, any other applicable law or other third-party rights (including the Company rights) or commit a tort, and you are solely responsible for your conduct while Using PicAIso.

You represent, warrant and agree that you will not Use PicAIso by uploading the User Content or otherwise (all of the following conduct includes any attempts to perform any of the following):

You may only share the User Content that is non-confidential and you have all necessary rights to disclose. You may not upload, edit, create, store or share any User Content that:

Due to the fact that we use Stable Diffusion AI technology in PicAIso for generation of content, you additionally represent, warrant and agree that you will not Use PicAIso feature with Stable Diffusion AI technology and (or) Stable Diffusion AI technology (Copyright (c) 2022 Robin Rombach and Patrick Esser and contributors) in the following ways, which are explicitly prohibited under the Stable Diffusion AI technology license (Attachment A), and, in particular:

You, furthermore, agree to abide by the Stable Diffusion AI technology license, incorporated herein by reference, including its Attachment A.  

We have the right to monitor your Use of PicAIso to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We have the right to investigate violations of these Terms or conduct that affects PicAIso. We may also consult and cooperate with law enforcement authorities to prosecute Users who violate the applicable law.

We reserve the right to, in our discretion and at any time, suspend or discontinue PicAIso, introduce new features or impose limitations on certain features, or restrict access to PicAIso.

7.LIMITED LICENSE; COPYRIGHT AND TRADEMARK

TL;DR: this is to say that everything you see on our service (apart from your photos, or generated content) is owned or licensed to PicAIso. And we allow you to enjoy the functionality of our service to its fullest, but if you want to use any elements of our service outside the service, you must ask for our consent.

Everything you can read below is NOT about User Content.

PicAIso and the text, graphics, images, photographs, videos, audio, music, illustrations, trademarks, trade names, page headers, button and application icons, scripts, service marks, logos, slogans, filters, tools, and other content contained therein, excluding your User Content (collectively, “PicAIso Content”) (and intellectual property rights in or to the preceding items) are owned by us or licensed to us and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, we and our licensors, as applicable, reserve all rights, title and interests (including without limitation all intellectual rights) in and to PicAIso and the PicAIso Content. Your use of the PicAIso Content shall be always subject to these Terms and, if applicable, additional terms and conditions that we may communicate to you from time to time, such as terms and conditions from our licensors (such additional terms, "Supplemental Terms"). Such Supplemental Terms are hereby incorporated into these Terms by reference. To the extent of any conflict or inconsistency between these Terms and Supplemental Terms the latter shall govern. You are hereby granted a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to Use PicAIso and the PicAIso Content for your own personal use (“User License”); however, such User License is subject to these Terms and (if applicable) the Supplemental Terms and does not include any right to: (i) sell, resell or commercially use PicAIso or the PicAIso Content; (ii) copy, reproduce, distribute, publicly perform or publicly display the PicAIso Content, except as expressly permitted by us or our licensors; (iii) modify the PicAIso Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of PicAIso or the PicAIso Content, except as expressly set forth in these Terms and the Supplemental Terms; (iv) use any data mining, robots or similar data gathering or extraction methods; or (v) Use PicAIso or the PicAIso Content other than as expressly provided in these Terms and the Supplemental Terms. Any Use of PicAIso or the PicAIso Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the User License granted under these Terms and (if applicable) the Supplemental Terms. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the PicAIso Content.

 

8. SERVICE PURCHASES

TL;DR: There are contents and features of PicAIso that are only available with payment to PicAIso. To pay for subscription or any additional features, you must be over 18. Queries and requests for refunds should be directed to PicAIso.

Some functionalities and features of the application are free of charge. We also offer access to enhanced services and additional features for a fee (“Purchased Content”).
You may only use the Purchased Content if you are over 18 years old (or of age of legal majority where you live, if different), and only on a limited, personal, non-transferable, non-sublicensable and revocable basis.     

Please contact PicAIso regarding any refunds or to manage your Purchased Content.


NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN AND SUBJECT TO MANDATORY LEGISLATION, YOU ACKNOWLEDGE THAT WE ARE NOT REQUIRED TO PROVIDE A REFUND FOR THE PURCHASED CONTENT FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR THE UNUSED PURCHASED CONTENT, WHETHER YOUR LOSS WAS VOLUNTARY OR INVOLUNTARY.

9. COPYRIGHT INFRINGEMENT

TL;DR: If our service displays any content that infringes someone’s copyright, please let us know about it. You can find all the details on how to notify us below.

It is our policy to respect the legitimate rights of copyright owners, and we will respond to notices of alleged copyright infringement that comply with applicable law. If you believe that any text, graphics, photos, audio, music, videos or other materials or works, including any User Content, uploaded, downloaded or appearing on PicAIso have been copied in a way that constitutes copyright infringement, you may request removal of that User Content (or access to it) from PicAIso by submitting a request to PicAIso via our website's contact page.

In accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), such request ("DMCA Notice") must include substantially the following:

If you fail to comply with any of the above requirements to the DMCA Notice, your DMCA Notice may not be effective and, therefore, will be disregarded and not enforced by us. This does not preclude you from sending a follow-up DMCA notice on the same.

Please be aware that if you knowingly materially misrepresent that any material, including User Content, or activity within PicAIso is infringing your copyright or the copyright of a person that you know, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

If we become aware that any of our Users have repeatedly infringed copyrights, we will take reasonable steps to disable access to PicAIso for such Users.

10. FEEDBACK

TL;DR: we will be happy to receive your feedback about the app. Please note that your feedback is not confidential and we will be able to use it (for example, to display on our website or to post in our social media).

We welcome any your feedback, questions, comments, suggestions, ideas, original or creative materials or other information you submit about us or PicAIso (collectively, “Feedback”). You can submit Feedback by using ”Send Feedback“ button in PicAIso webpages (or by contacting us via our website's contact page. Your Feedback is non-confidential and will become our sole property once submitted to us. We will own exclusive rights, including, without limitation, all intellectual property rights, in and to your Feedback and will be entitled to the unrestricted use and dissemination of your Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You also have the right to amend and supplement your Feedback to us, which we will take into account to provide accurate information to other users about PicAIsouser experience. If we decide to make your Feedback public, we will not use any of your personal data, unless you explicitly consent to it.

11. INDEMNIFICATION

TL;DR: if you breach the rules, and we receive claims for it, we maymay ask you to compensate us financially.

To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless us and each of our respective officers, directors, agents, partners and employees (individually and collectively, “Company Parties”) from and against any loss, liability, claim, demand, damages, expenses or costs (“Claims”) arising out of or related to (i) your Use of PicAIso; (ii) your User Content or Feedback; (iii) your violation of these Terms; (iv) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); and (v) your conduct in connection with PicAIso. You agree to promptly notify the Company Parties of any third party Claims, cooperate with the Company Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You also agree that the Company Parties will have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and us or the other Company Parties.

12. DISCLAIMERS

TL;DR: Sometimes the things may not work out as planned. And we don’t claim or guarantee that PicAIso will always work perfectly. Just as we can’t claim or guarantee that you won’t see any unexpected results while generating your personalized avatars – it’s very unpredictable, although we are always working on AI’s safety settings. We would highly appreciate your assistance, so if you see any offensive content generated by the AI, please report such content to us via our website's contact page to help us improve PicAIso's user experience.

We do not control, endorse or take responsibility for any User Content (and its loss) or third-party content available on or linked to PicAIso. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.

Your Use of PicAIso is at your sole risk. PicAIso is provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, we do not represent or warrant that PicAIso is accurate, complete, reliable, current, error-free or free of viruses or harmful components. You assume the entire risk as to the quality and performance of PicAIso within your Use.

PicAIso leverages external technology Stable Diffusion AI. Due to this, we cannot fully control the results generated by the personalized avatar, and therefore these avatars in no way represent our official policy or position on religion, ethnic group, club, organization, company, individual, or anyone or anything. We make reasonable efforts to moderate the personalized avatars feature by configuring the AI setting, which, in any case, are only those that are accessible to us. We do not and cannot moderate the User Content. By agreeing to the Terms and/or purchasing a subscription, you agree to the above disclaimer and waive any claims against us due to the generated avatars. In case you find the avatars offensive or otherwise unacceptable, please let us know by reaching out to us via our website's contact page.

13. LIMITATION OF LIABILITY

The Company and the other Company Parties will not be liable to you under any theory of liability — whether based in contract, tort, negligence, strict liability, warranty, or otherwise — for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if you have been advised of the possibility of such damages.

The total liability of the Company and the other Company Parties, for any claim arising out of or relating to these Terms or PicAIso, regardless of the form of the action, is limited to the amount paid, if any, by you to Use PicAIso. In no event will the Company’s total liability arising out of or in connection with these Terms or from the Use of or inability to Use PicAIso exceed the amounts you have paid to Use PicAIso or ten ($10) U.S. dollars, if you have not had any payment obligations to the Company, as applicable. The exclusion and limitations of damages set forth above are fundamental elements of the basis of the bargain between the Company and you.

The limitations set forth in this Section will not limit or exclude liability for fraud or intentional misconduct of the Company or the other Company Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

14. RELEASE

To the fullest extent permitted by applicable law, you release the Company and the other Company Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between the Users and the acts or omissions of third parties. You expressly waive any rights you may have under California Civil Code § 1542 as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

15. DISPUTE RESOLUTION; BINDING ARBITRATION

Please read the following Section carefully because it requires you to arbitrate certain disputes and claims with the Company and limits the manner in which you can seek relief from us.

Except for small claims disputes in which you or the Company seek to bring an individual action in small claims court located in the county of your billing address or disputes in which you or the Company seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and the Company waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or PicAIso resolved in court. Instead, all disputes arising out of or relating to these Terms or PicAIso will be resolved through confidential binding arbitration held in Santa Clara County, California in accordance with the Streamlined Arbitration Rules and Procedures (“Rules”) of the Judicial Arbitration and Mediation Services (“JAMS”), which are available on the JAMS website and hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.

     

ANY ARBITRATION UNDER THESE TERMS BY EITHER YOU OR US WILL ONLY BE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, REPRESENTATIVE ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED. YOU WAIVE ANY RIGHT TO HAVE YOUR CASE DECIDED BY A JURY AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST US.

 

You and the Company agree that these Terms affect interstate commerce and that the enforceability of this Section 15 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (“FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. You and the Company agree that for any arbitration you initiate, you will pay the filing fee and the Company will pay the remaining JAMS fees and costs. For any arbitration initiated by the Company, the Company will pay all JAMS fees and costs. You and the Company agree that the state or federal courts of the State of California and the United States sitting in Santa Clara County, California have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.

ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR PICAISO MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM AROSE; OTHERWISE, THE CLAIM IS PERMANENTLY BARRED, WHICH MEANS THAT YOU AND THE COMPANY WILL NOT HAVE THE RIGHT TO ASSERT THE CLAIM.

You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section 15 by notifying the Company. The notification must be sent via our website's contact page

In order to be effective, the opt-out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 16.

16. GOVERNING LAW AND VENUE

TL;DR: this agreement is governed by California law.

These Terms and your Use of PicAIso will be governed by, construed and enforced in accordance with the laws of California, without regard to conflict of law rules or principles (whether of California or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. However, some countries (including those in the European Union) have laws that require agreements to be governed by the local laws of the user's country. This paragraph doesn’t override those laws.

Any dispute between you and the Company that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of California and the United States, respectively, sitting in Santa Clara County, California.

17. CHANGES TO THESE TERMS

We may make changes to these Terms from time to time. If we make changes, we will post the amended Terms and update the “Effective date” above. In case we make substantial changes to the Terms (including the changes which might affect your rights), we will always notify you via in-app consent, email, or any other means of communication we may deem fit. If you do not agree to the amended terms, you must stop Using PicAIso. Your continued Use of PicAIso after we provide the notice will imply your acceptance of those changes.     

18. ELECTRONIC COMMUNICATIONS

By Using PicAIso, you also agree to receive electronic communications from us, including via email, push notifications and by posting notices on PicAIso. The communications between you and us may take place via electronic means, whether you Use PicAIso or send us emails, or whether we post notices on PicAIso or communicate with you via email. These communications may include notices about PicAIso and the Purchased Content and are part of your relationship with us. For contractual purposes, you: (i) consent to receive communications from us in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights. Communications from us and our affiliated companies may include but are not limited to: operational communications concerning your Account or the Use of PicAIso (e.g., technical and security notices, updates to the Privacy Policy and Terms), and updates concerning new and existing features (e.g., changes/updates to features of PicAIso and their scope, prices of services).

You may opt-out of receiving promotional emails from us at any time through any of the following methods:

19. TERMINATION

We reserve the right, without notice and in our sole discretion, to terminate your right to Use PicAIso. We are not responsible for any loss or harm related to your inability to Use PicAIso. Upon any termination, discontinuation or cancellation of PicAIso, all provisions of these Terms, which by their nature should survive, will survive, including without limitation, ownership provisions, warranty disclaimers, limitations of liability and dispute resolution provisions.

20. EXPORT AND ECONOMIC SANCTIONS CONTROL

The application and artificial intelligence may be subject to export and re-export control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State. You represent and warrant that you are (1) not located in any country or region that is subject to a U.S. government embargo, and (2) are not a denied party as specified in the regulations listed above.

You agree to comply with all U.S. and foreign export laws and regulations to ensure that neither the application nor any technical data related thereto nor any direct product or products derived from or based on such technology received from PicAIso under these Terms of Use thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.

21. ADDENDUMS

22. HOW TO CONTACT US

If you have any questions, complaints or claims with respect to these Terms or PicAIso, please contact us via our website's contact page.

23. MISCELLANEOUS