Last Updated Date: April 12th, 2024
1. General Terms
These Terms & Conditions ("Agreement") are a contract between you and PicsMe (referred to in this
Agreement as "PicsMe", "us", "we" or "our"), the provider of the PicsMe products and the services accessible
from the PicsMe mobile applications (which are collectively referred
to in this Agreement as the "Services").
In this Agreement, "you" refers both to you ("user" or "users") as an individual and to the entity you represent. If you violate
any of Terms & Conditions, we reserve the right to terminate your
account or block access to your account without notice.
You are agreeing to be bound by this Agreement . IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT ACCESS
AND IMMEDIATELY STOP USING THE SERVICES, CANCEL ANY ACCOUNT, AND
IMMEDIATELY UNINSTALL AND DELETE ANY COPIES OF ANY APPS OR SOFTWARE
INCLUDED IN THE SERVICE IN YOUR POSSESSION.
PLEASE BE AWARE THAT DUE TO DIFFERENCES IN LEGAL AND REGULATORY
REQUIREMENTS, THESE SERVICES MAY NOT BE AVAILABLE IN YOUR COUNTRY OR
REGION. IF YOUR COUNTRY OR REGION DOES NOT SUPPORT THIS SERVICE, WE
RECOMMEND THAT YOU COMPLY WITH LOCAL REGULATIONS AND VERIFY YOUR
ELIGIBILITY TO USE THE SERVICE BEFORE PROCEEDING. WE ARE NOT
RESPONSIBLE FOR ANY CONSEQUENCES THAT MAY ARISE FROM YOUR VIOLATION
OF APPLICABLE REGULATIONS.
2. Content of the Agreement
Agreement Content.
The content of the Agreement include the body of the Agreement and the
various rules that have been issued or may be issued in the future and
duly communicated by us. All the rules published by us are an
inseparable part of the Agreement and have the same legal effect as
the body of the Agreement. You undertake to accept and comply with the
provisions of all relevant rules when using the Services provided by
us.
Privacy Policy.
Your access to and use of the Services is also subject to our Privacy
Policy, the terms of which can be found directly on the Platform, or
where the Platform is made available for download, and are
incorporated herein by reference. By using the Services, you consent
to the terms of the Privacy Policy.
3. Your Account
Registering Your Account.
To access certain features of the Services, you may be required to
register an account on the Services ("Account"). In registering an Account on the Services, you shall (i) provide true, accurate, current, and complete information about
yourself as prompted by the registration form, and (ii) maintain and
promptly update the registration information to keep it true,
accurate, current, and complete.
Your Account Responsibilities.
You are responsible for all activities that occur under your Account.
You shall:
monitor your Account to restrict use by minors and accept full
responsibility for any unauthorized use of the Services by
minors.
not share your Account or password with anyone and notify us
immediately of any unauthorized use of your password or any other
breach of security.
not create an Account using a false identity or information.
Account Management.
If you provide any information that is untrue, inaccurate, incomplete,
or not current, or we have reasonable grounds to suspect that any
information you provide is untrue, inaccurate, incomplete, or not
current, we have the right to suspend or terminate your Account and
refuse any and all current or future use of the Services. We reserve
the right to remove or reclaim any usernames at any time and for any
reason, including but not limited to, claims by a third party that a
username violates the third party's rights.
4. User Conduct
You agree not to, and you will not permit others to:
Use the Services in any manner not permitted by this Agreement;
Use the Services for any purposes prohibited by applicable laws or
regulations, or in any manner that violates or infringes upon the
rights of others;
Import, submit, upload, publish, post, communicate, or transmit to
others in any way whatsoever, any unlawful, fraudulent, deceptive,
harmful, defamatory, inaccurate, abusive, offensive, threatening,
hateful, violent, harassing, discriminatory or racist content, or any
content that infringes or violates another person's rights (including,
but not limited to, intellectual property rights, and rights of
privacy and publicity)；
Copy (except as expressly permitted by this Agreement ) or modify the
Services;
Frame, mirror, display or incorporate the Service or any portion into
any other program, site, service or product;
Use the Service in a manner that interferes with, degrades, or
disrupts the integrity or performance of any of our networks,
technologies, products or services;
Use any data mining or similar automated or manual data extraction,
gathering or scraping methods in connection with the Services;
Circumvent, bypass, defeat, modify, tamper, or disable any content
protection system, digital rights management, security feature or
functionality in the Service.
5. User-Generated Content
The Services may provide features that allow you to insert or upload
as input text, images, video, audio, or other content ("Input"). Based on the Input, you may generate and receive as output
content such as text, images, video, or audio ("Output"). Your Input and Output are considered User-Generated Content ("Your Content") under this Agreement.
We do not claim any ownership rights to User-Generated Content. You
acknowledge and agree that you are solely responsible for the
content, legality, accuracy, and completeness of the inputs.
In order to allow us to operate, provide you with, and improve the
Services and our technologies (and to develop new ones), we must
obtain from you certain rights related to User-Generated Content that
is covered by intellectual property rights. You hereby grant us a license to use User-Generated Content for the
purposes of operating, developing, and improving the Services or new
technologies or services, except that we will only use your
User-Generated Content to improve the performance of machine
learning models with your prior consent, all in accordance with the
applicable privacy policy. You will not be entitled to compensation
for any use of User-Generated Content by us under this
Agreement.
You are solely responsible for the User-Generated Content, and you
represent and warrant that such content will not infringe upon or
violate the rights of any person, that it complies with these Terms
and any applicable law, and that you have all the rights and
authorizations necessary to grant the license in the paragraph above
and to upload, store, receive, create, modify, share or publish the
User-Generated Content on or through the Services.
Without limiting the section under "User Conduct", when using Generative AI Features, you will not, and will not
permit any person accessing the Services using your Account to do any
of the following:
Upload, generate, or distribute content that facilitates the
exploitation or abuse of children, including all child sexual abuse
materials and any portrayal of children that could result in their
sexual exploitation;
Upload, generate, or distribute content that contains or promotes
sexually explicit content or profanity, including pornography, or any
content or services intended to be sexually gratifying;
Perform or facilitate dangerous, illegal, or malicious activities,
including (a) facilitation or promotion of illegal activities or
violations of law, (b) abuse, harm, interference, or disruption of
services (such as spam, phishing, or malware), ©
attempts to override or circumvent safety filters or intentionally
drive the features to act in a manner that contravenes this Agreement
or other applicable policies, (d) generation or distribution of
content that may harm or discriminate against individuals or a group,
or promote any of the foregoing, and generation or distribution of
content intended to misinform, misrepresent, mislead, exploit, or harm
others;
Upload, generate, or distribute content that encourages the illegal
or inappropriate use of alcohol, tobacco, drugs, or the use of
explosives, firearms, ammunition, or certain firearms
accessories;
Upload, generate, or distribute content that promotes violence or
incite hatred against individuals or groups based on race or ethnic
origin, religion, disability, age, nationality, veteran status, sexual
orientation, gender, gender identity, caste, immigration status or any
other characteristic that is associated with systemic discrimination
or marginalization; or
Upload, generate, or distribute content that depicts gratuitous
violence or other dangerous activities.
6. Investigation
We may, but are not obligated to, investigate, monitor, pre-screen,
remove, refuse, or review the Services and/or Content, including Your
Content, at any time. You hereby provide your irrevocable consent to
such monitoring. You acknowledge and agree that you have no
expectation of privacy concerning the transmission of Your Content,
including without limitation chat, text, or voice
communications.
Without limiting the foregoing, we reserve the right to:
remove or refuse to post any of your Content for any or no reason in
our sole discretion;
take any action with respect to any of Your Content that we deem
necessary or appropriate in our sole discretion, including if we
believe that such Content violates this Agreement, infringes any
intellectual property right or other right of any person or entity,
threatens the personal safety of users of the Services or the public,
or could create liability for us; and/or
terminate or suspend your access to all or part of the Services for
any or no reason, including without limitation, any violation of this
Agreement. Upon determination of any possible violations by you of any
provision of this Agreement, we may, at our sole discretion
immediately terminate your license to use the Services, or change,
alter or remove Your Content, in whole or in part, without prior
notice to you.
7. Interactions with Other Users
User Responsibility.
You are solely responsible for your interactions with other users of
the Services and any other parties with whom you interact through the
Services; provided, however, that we reserve the right, but has no
obligation, to intercede in any disputes between you and any other
users. You agree that we will not be responsible for any liability
incurred as the result of your interactions with other users.
Content Provided by Other Users.
The Services may contain the Content provided by other users. We are
not responsible for and do not control the Content provided by other
users. We do not approve or endorse or make any representations or
warranties with respect to the Content. You use all Content and
interact with other users at your own risk.
8. Links to Other Websites
This Agreement applies only to the Services. The Services may contain
links to other websites not operated or controlled by PicsMe. We are not responsible for the content, accuracy or opinions
expressed in such websites, and such websites are not investigated,
monitored, or checked for accuracy or completeness by us.
Please remember that when you use a link to go from the Services to
another website, our Agreement is no longer in effect. Your browsing
and interaction on any other website, including those that have a link
on our platform, is subject to that website's own rules and policies.
Such third parties may use their own cookies or other methods to
collect information about you.
9. Purchases and Subscriptions
Upon expiration of the initial term of your subscription, whether
such subscription is weekly, monthly, quarterly, yearly, or
otherwise, your subscription will automatically renew for recurring
subscription periods of the same duration unless and until you
affirmatively cancel your subscription. If you have purchased your
subscription through an App, you can cancel your subscription or
automatic renewals any time in your account settings with the App
Stores according to the policies of each App Store. If you have purchased your subscription through the Site, you can
manage and cancel your subscription and any automatic renewals at
any time following the instructions in your subscription purchase or
renewal confirmation emails, or by following the instructions in the
applicable support page of the Service.
Uninstalling an app will not result in the cancellation of your
subscription. If you have begun a subscription period and you then
decide to cancel your subscription during such period, you will not
receive a refund for the fees you already paid for such subscription
period, and you will continue to be able to use the Service for which
you subscribed until the end of such subscription period.
The Services may enable you to purchase a limited, personal,
non-transferable, non-sublicensable, revocable license to use virtual
items or in-app consumables (collectively, the "Virtual Items"), which could include virtual cards, tokens or other units that can
be redeemed for additional features, enhancements, functionalities,
content, or services within the Service. You are only allowed to
purchase Virtual Items through the Service and you may only redeem or
use Virtual Items through the Service in which the Virtual Items are
purchased. All consumable in-app purchases made through the Service and all
Virtual Items (and all redemptions of Virtual Items) are final and
non-refundable. You agree that Virtual Items may be subject to an
expiration date and that, once expired, you will not receive any
refund or compensation for unused Virtual Items. You acknowledge
that you will not receive any refund or compensation for unused
Virtual Items when your access to the Service or your account (if
any) is suspended or terminated in accordance with this Agreement
.
We may provide you with gift cards or promotional codes that can be
redeemed for additional features, enhancements, functionalities,
content, services, or Virtual Items within a specified Service and for
a limited period, subject eligibility requirements (the "Promotional Codes"). Promotional Codes have no cash value, are personal,
non-transferable, non-sublicensable, and we are under no obligation to
provide any compensation in connection with a Promotional Code. The
Service may require that you create or log in to your account to use
Promotional Codes.
We may update or change our prices and payment terms (or add or
remove Virtual Items) from time to time to reflect circumstances such
as changes to the Service (including the addition of new features),
changes in our business, changes in legal, regulatory, or contractual
requirements, changes to the economic environment we operate in, or
other justifiable or business reasons. In such cases, we will notify
you in advance via email or a pop-up or push notification within the
Service. Any changes to applicable recurring subscription fees will
apply starting from the next subscription period (changes to
subscription fees will not apply retroactively). If you are a consumer
resident in the European Economic Area and do not agree with the new
price or payment terms, you will have the statutory right to cancel
your subscription and withdraw from this Agreement free of charge
before the new price or payment terms become effective by following
the instructions above.
The validity of this Agreement and the validity of any purchase
associated with the Service will be considered independently from each
other, meaning that the termination of such associated purchase will
not affect the validity of this Agreement, and the termination of this
Agreement may not affect the validity of such associated
purchase.
10. Procedure for Making Claims of Intellectual Property Right >
Infringement
If you believe that a work or other intellectual property has been
copied, posted, or used on the Services in a way that constitutes
infringement of intellectual property rights of yours or a third party
on whose behalf you are authorized to act, please provide our
designated intellectual property agent with the following
information:
an electronic or physical signature of the person authorized to act
on behalf of the owner of the copyright, trademark, or other
intellectual property right;
a description of the copyrighted work, trademark, or other
intellectual property right that you claim has been infringed;
a description of the location on the Services of the material that
you claim is infringing;
your address, telephone number, and email address;
a written statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright, trademark, or other
intellectual property right owner, its agent or the law; and
a statement by you, made under penalty of perjury, that the above
information in your notice is accurate and that you are the copyright,
trademark, or other intellectual property right owner or authorized to
act on the copyright, trademark, or other intellectual property right
owner's behalf.
The contact information for our designated agent for notice of claims
of infringement is as follows: [email protected]
11. Changes To Our Terms & Conditions
You acknowledge and agree that PicsMe may stop (permanently or
temporarily) providing the Services (or any features within the
Service) to you or to users generally at PicsMe's sole discretion,
without prior notice to you. You may stop using the Service at any
time. You do not need to specifically inform PicsMe when you stop
using the Service. You acknowledge and agree that if PicsMe disables
access to your Account, you may be prevented from accessing the
Services, your Account details or any files or other materials which
is contained in your Account.
If we decide to change our Terms & Conditions, we will post
those changes on this page, and/or update the Terms & Conditions
modification date below.
12. Updates to Our App
PicsMe may from time to time provide enhancements or improvements to
the features/ functionality of the app with or without notice and
without liability to you, which may include patches, bug fixes,
updates, upgrades and other modifications ("Updates").
Updates may modify or delete certain features and/or functionalities
of the app. You agree that PicsMe has no obligation to (i) provide any
Updates, or (ii) continue to provide or enable any features and/or
functionalities of the app to you.
You further agree that all Updates will be (i) deemed to constitute
an integral part of the app, and (ii) subject to the terms and
conditions of this Agreement.
13. Term and Termination
The Term of this Agreement commences on the date when you accept this
Agreement (as described above) and continues in full force and effect
while you use the Services unless terminated earlier in accordance
with this Agreement.
PicsMe may, in its sole discretion, at any time and for any or no
reason, suspend or terminate this Agreement with or without prior
notice.
This Agreement will terminate immediately, without prior notice from
PicsMe, if you fail to comply with any provision of this Agreement.
You may also terminate this Agreement by deleting the app and all
copies thereof from your device.
Upon termination of the Agreement, you shall cease all use of the app
and delete all copies of the app from your device.
Termination of the Agreement will not limit any of PicsMe's rights or
remedies at law or in equity in case of breach by you (during the term
of this Agreement) of any of your obligations under the present
Agreement.
14. Indemnification
You agree to indemnify and hold PicsMe and its parents, subsidiaries,
affiliates, officers, employees, agents, partners, and licensors (if
any) harmless from any claim or demand, including reasonable
attorneys' fees, due to or arising out of your: (a) use of the app;
(b) violation of this Agreement or any law or regulation; or © violation of any right of a third party.
15. Disclaimer of Warranties
The app is provided to you "AS IS" and "AS AVAILABLE" and with all
faults and defects without warranty of any kind. To the maximum
extent permitted under applicable law, PicsMe, on its own behalf and
on behalf of its affiliates and its and their respective licensors
and service providers, expressly disclaims all warranties, whether
express, implied, statutory or otherwise, with respect to the app,
including all implied warranties of merchantability, fitness for a
particular purpose, title and non-infringement, and warranties that
may arise out of course of dealing, course of performance, usage or
trade practice. Without limitation to the foregoing, PicsMe provides
no warranty or undertaking, and makes no representation of any kind
that the app will meet your requirements, achieve any intended
results, be compatible or work with any other software, , systems or
services, operate without interruption, meet any performance or
reliability standards or be error free or that any errors or defects
can or will be corrected.
Without limiting the foregoing, neither PicsMe nor any PicsMe's
provider makes any representation or warranty of any kind, express
or implied: (i) as to the operation or availability of the app, or
the information, content, and materials or products included
thereon; (ii) that the app will be uninterrupted or error-free;
(iii) as to the accuracy, reliability, or currency of any
information or content provided through the app; or (iv) that the
app, its servers, the content, or e-mails sent from or on behalf of
PicsMe are free of viruses, scripts, trojan horses, worms, malware,
timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of or limitations on
implied warranties or the limitations on the applicable statutory
rights of a consumer, so some or all of the above exclusions and
limitations may not apply to you.
16. Limitation of Liability
Notwithstanding any damages that you might incur, the entire
liability of PicsMe and any of its suppliers under any provision of
this Agreement and your exclusive remedy for all the foregoing shall
be limited to the amount actually paid by you for the app.
To the maximum extent permitted by applicable law, in no event shall
PicsMe or its suppliers be liable for any special, incidental,
indirect, or consequential damages whatsoever (including, but not
limited to, damages for loss of profits, for loss of data or other
information, for business interruption, for personal injury, for loss
of privacy arising out of or in any way related to the use of or
inability to use the app, third-party software and/or third-party
hardware used with the app, or otherwise in connection with any
provision of this Agreement), even if PicsMe or any supplier has been
advised of the possibility of such damages and even if the remedy
fails of its essential purpose.
Some states/jurisdictions do not allow the exclusion or limitation of
incidental or consequential damages, so the above limitation or
exclusion may not apply to you.
17. Severability
If any provision of this Agreement is held to be unenforceable or
invalid, such provision will be changed and interpreted to accomplish
the objectives of such provision to the greatest extent possible under
applicable law and the remaining provisions will continue in full
force and effect.
This Agreement, together with the Privacy Policy and any other legal
notices published by PicsMe on the Services, shall constitute the
entire agreement between you and PicsMe concerning the Services. If
any provision of this Agreement is deemed invalid by a court of
competent jurisdiction, the invalidity of such provision shall not
affect the validity of the remaining provisions of this Agreement,
which shall remain in full force and effect. No waiver of any term of
this Agreement shall be deemed a further or continuing waiver of such
term or any other term, and PicsMe's failure to assert any right or
provision under this Agreement shall not constitute a waiver of such
right or provision. YOU AND PICSME AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR
RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE
CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS
PERMANENTLY BARRED.
18. Waiver
Except as provided herein, the failure to exercise a right or to
require performance of an obligation under this Agreement shall not
affect a party's ability to exercise such right or require such
performance at any time thereafter nor shall be the waiver of a breach
constitute waiver of any subsequent breach.
19. Intellectual Property
Service Ownership.
The app and its entire contents, features and functionality (including
but not limited to all information, software, text, displays, images,
video and audio, and the design, selection, and arrangement thereof),
are owned by PicsMe, its licensors or other providers of such material
and are protected by TR and international copyright, trademark,
patent, trade secret and other intellectual property or proprietary
rights laws. The material may not be copied, modified, reproduced,
downloaded, or distributed in any way, in whole or in part, without
the express prior written permission of PicsMe, unless and except as
is expressly provided in these Terms & Conditions. Any
unauthorized use of the material is prohibited.
Service License.
Subject to your compliance with this Agreement, you are hereby granted
a non-exclusive, limited, non-transferable, non-sublicensable,
revocable license to access and use the Services, including to
download the app (if any) on a permitted device, and to access the
Services solely for non-commercial use. We reserve all rights not
expressly granted herein in the Services. You acknowledge and agree
that we may terminate this license at any time for any reason or no
reason.
20. International Users
The Services may be accessed from countries around the world and may
contain references to services and Content that are not available in
your country. These references do not imply that we intend to announce
such service or Content in your country. We make no representations
that the Services are appropriate or available for use in other
locations. Those who access or use the Services from other countries
do so at their own volition and are responsible for compliance with
local law.
21. Submissions and Privacy
If you submit or post any ideas, creative suggestions, designs,
photographs, information, advertisements, data or proposals, including
ideas for new or improved products, services, features, technologies
or promotions, you expressly agree that such submissions will
automatically be treated as non-confidential and non-proprietary and
will become the sole property of PicsMe without any compensation or
credit to you whatsoever. PicsMe and its affiliates shall have no
obligations with respect to such submissions or posts and may use the
ideas contained in such submissions or posts for any purposes in any
medium in perpetuity, including, but not limited to, developing,
manufacturing, and marketing products and services using such
ideas.
PicsMe may, from time to time, include contests, promotions,
sweepstakes, or other activities ("Promotions") that require you to
submit material or information concerning yourself. Please note that
all Promotions may be governed by separate rules that may contain
certain eligibility requirements, such as restrictions as to age and
geographic location. You are responsible to read all Promotions rules
to determine whether or not you are eligible to participate. If you
enter any Promotion, you agree to abide by and to comply with all
Promotions Rules.
Additional terms and conditions may apply to purchases of goods or
services on or through the Services, which terms and conditions are
made a part of this Agreement by this reference.
23. Typographical Errors
In the event a product and/or service is listed at an incorrect price
or with incorrect information due to typographical error, we shall
have the right to refuse or cancel any orders placed for the product
and/or service listed at the incorrect price. We shall have the right
to refuse or cancel any such order whether the order has been
confirmed and your credit card charged. If your credit card has
already been charged for the purchase and your order is canceled, we
shall immediately issue a credit to your credit card account or other
payment account in the amount of the charge.
24. Arbitration Agreement
This section applies to any dispute EXCEPT FOR DISPUTES RELATING TO
CLAIMS FOR INJUNCTIVE OR EQUITABLE RELIEF REGARDING THE ENFORCEMENT OR
VALIDITY OF YOUR OR PicsMe's INTELLECTUAL PROPERTY RIGHTS. The term
"Dispute" means any dispute, action, or other controversy between you
and PicsMe concerning the Services or this agreement, whether in
contract, warranty, tort, statute, regulation, ordinance, or any other
legal or equitable basis. "Dispute" will be given the broadest
possible meaning allowable under law.
In the event of a dispute, you or PicsMe must give the other a Notice
of Dispute, which is a written statement that sets forth the name,
address, and contact information of the party giving it, the facts
giving rise to the dispute, and the relief requested. You must send
any Notice of Dispute via email to: [email protected]
PicsMe will send any Notice of Dispute to you by mail to your address
if we have it, or otherwise to your email address. You and PicsMe will
attempt to resolve any dispute through informal negotiation within
sixty (60) days from the date the Notice of Dispute is sent. After
sixty (60) days, you or PicsMe may commence arbitration.
If you and PicsMe don't resolve any dispute by informal negotiation,
any other effort to resolve the dispute will be conducted exclusively
by binding arbitration as described in this section. You are giving up
the right to litigate (or participate in as a party or class member)
all disputes in court before a judge or jury. The dispute shall be
settled by binding arbitration in accordance with the commercial
arbitration rules of the American Arbitration Association. Either
party may seek any interim or preliminary injunctive relief from any
court of competent jurisdiction, as necessary to protect the party's
rights or property pending the completion of arbitration. Any and all
legal, accounting, and other costs, fees, and expenses incurred by the
prevailing party shall be borne by the party not prevailing in the
arbitration.
25. Supplemental Terms and Conditions for the United States
Export Control.
You agree that you will not export or re-export, directly or
indirectly the Services and/or other information or materials provided
by us hereunder, to any country for which the United States or any
other relevant jurisdiction requires any export license or other
governmental approval at the time of export without first obtaining
such license or approval. In particular, but without limitation, the
Services may not be exported or re-exported (a) into any U.S.
embargoed countries or any country that has been designated by the
U.S. Government as a "terrorist supporting" country, or (b) to anyone
listed on any U.S. Government list of prohibited or restricted
parties, including the U.S. Treasury Department's list of Specially
Designated Nationals or the U.S. Department of Commerce Denied
Person's List or Entity List.
California Consumer Rights Notice.
Under California Civil Code Section 1789.3, California users of the
Services receive the following specific consumer rights notice: The
Complaint Assistance Unit of the Division of Consumer Services of the
California Department of Consumer Affairs may be contacted in writing
at the contact information set forth at https://www.dca.ca.gov/about_us/contactus.shtml.
Users of the Services who are California residents and are under 18
years of age may request and obtain removal of User Content they
posted by contacting us at: [email protected]. All requests must be labeled "California Removal Request" on the
email subject line. All requests must provide a description of the
User Content you want removed and information reasonably sufficient to
permit us to locate that User Content. We do not accept California
Removal Requests via postal mail, telephone, or facsimile. We are not
responsible for notices that are not labeled or sent properly, and we
may not be able to respond if you do not provide adequate
information.
If you have any questions, feedback, or complaints regarding this
Agreement, or if you wish to contact us, please use the following
methods:
Contact us: [email protected]
Last Updated Date: April 12th, 2024
1. General Terms
These Terms & Conditions ("Agreement") are a contract between you and PicsMe (referred to in this Agreement as "PicsMe", "us", "we" or "our"), the provider of the PicsMe products and the services accessible from the PicsMe mobile applications (which are collectively referred to in this Agreement as the "Services").
In this Agreement, "you" refers both to you ("user" or "users") as an individual and to the entity you represent. If you violate any of Terms & Conditions, we reserve the right to terminate your account or block access to your account without notice.
You are agreeing to be bound by this Agreement . IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT ACCESS AND IMMEDIATELY STOP USING THE SERVICES, CANCEL ANY ACCOUNT, AND IMMEDIATELY UNINSTALL AND DELETE ANY COPIES OF ANY APPS OR SOFTWARE INCLUDED IN THE SERVICE IN YOUR POSSESSION.
PLEASE BE AWARE THAT DUE TO DIFFERENCES IN LEGAL AND REGULATORY REQUIREMENTS, THESE SERVICES MAY NOT BE AVAILABLE IN YOUR COUNTRY OR REGION. IF YOUR COUNTRY OR REGION DOES NOT SUPPORT THIS SERVICE, WE RECOMMEND THAT YOU COMPLY WITH LOCAL REGULATIONS AND VERIFY YOUR ELIGIBILITY TO USE THE SERVICE BEFORE PROCEEDING. WE ARE NOT RESPONSIBLE FOR ANY CONSEQUENCES THAT MAY ARISE FROM YOUR VIOLATION OF APPLICABLE REGULATIONS.
2. Content of the Agreement
Agreement Content. The content of the Agreement include the body of the Agreement and the various rules that have been issued or may be issued in the future and duly communicated by us. All the rules published by us are an inseparable part of the Agreement and have the same legal effect as the body of the Agreement. You undertake to accept and comply with the provisions of all relevant rules when using the Services provided by us.
Privacy Policy. Your access to and use of the Services is also subject to our Privacy Policy, the terms of which can be found directly on the Platform, or where the Platform is made available for download, and are incorporated herein by reference. By using the Services, you consent to the terms of the Privacy Policy.
3. Your Account
Registering Your Account. To access certain features of the Services, you may be required to register an account on the Services ("Account"). In registering an Account on the Services, you shall (i) provide true, accurate, current, and complete information about yourself as prompted by the registration form, and (ii) maintain and promptly update the registration information to keep it true, accurate, current, and complete.
Your Account Responsibilities. You are responsible for all activities that occur under your Account. You shall:
monitor your Account to restrict use by minors and accept full responsibility for any unauthorized use of the Services by minors.
not share your Account or password with anyone and notify us immediately of any unauthorized use of your password or any other breach of security.
not create an Account using a false identity or information.
Account Management. If you provide any information that is untrue, inaccurate, incomplete, or not current, or we have reasonable grounds to suspect that any information you provide is untrue, inaccurate, incomplete, or not current, we have the right to suspend or terminate your Account and refuse any and all current or future use of the Services. We reserve the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party's rights.
4. User Conduct
You agree not to, and you will not permit others to:
Use the Services in any manner not permitted by this Agreement;
Use the Services for any purposes prohibited by applicable laws or regulations, or in any manner that violates or infringes upon the rights of others;
Import, submit, upload, publish, post, communicate, or transmit to others in any way whatsoever, any unlawful, fraudulent, deceptive, harmful, defamatory, inaccurate, abusive, offensive, threatening, hateful, violent, harassing, discriminatory or racist content, or any content that infringes or violates another person's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity)；
Copy (except as expressly permitted by this Agreement ) or modify the Services;
Frame, mirror, display or incorporate the Service or any portion into any other program, site, service or product;
Use the Service in a manner that interferes with, degrades, or disrupts the integrity or performance of any of our networks, technologies, products or services;
Use any data mining or similar automated or manual data extraction, gathering or scraping methods in connection with the Services;
Circumvent, bypass, defeat, modify, tamper, or disable any content protection system, digital rights management, security feature or functionality in the Service.
5. User-Generated Content
The Services may provide features that allow you to insert or upload as input text, images, video, audio, or other content ("Input"). Based on the Input, you may generate and receive as output content such as text, images, video, or audio ("Output"). Your Input and Output are considered User-Generated Content ("Your Content") under this Agreement.
We do not claim any ownership rights to User-Generated Content. You acknowledge and agree that you are solely responsible for the content, legality, accuracy, and completeness of the inputs.
In order to allow us to operate, provide you with, and improve the Services and our technologies (and to develop new ones), we must obtain from you certain rights related to User-Generated Content that is covered by intellectual property rights. You hereby grant us a license to use User-Generated Content for the purposes of operating, developing, and improving the Services or new technologies or services, except that we will only use your User-Generated Content to improve the performance of machine learning models with your prior consent, all in accordance with the applicable privacy policy. You will not be entitled to compensation for any use of User-Generated Content by us under this Agreement.
You are solely responsible for the User-Generated Content, and you represent and warrant that such content will not infringe upon or violate the rights of any person, that it complies with these Terms and any applicable law, and that you have all the rights and authorizations necessary to grant the license in the paragraph above and to upload, store, receive, create, modify, share or publish the User-Generated Content on or through the Services.
Without limiting the section under "User Conduct", when using Generative AI Features, you will not, and will not permit any person accessing the Services using your Account to do any of the following:
Upload, generate, or distribute content that facilitates the exploitation or abuse of children, including all child sexual abuse materials and any portrayal of children that could result in their sexual exploitation;
Upload, generate, or distribute content that contains or promotes sexually explicit content or profanity, including pornography, or any content or services intended to be sexually gratifying;
Perform or facilitate dangerous, illegal, or malicious activities, including (a) facilitation or promotion of illegal activities or violations of law, (b) abuse, harm, interference, or disruption of services (such as spam, phishing, or malware), © attempts to override or circumvent safety filters or intentionally drive the features to act in a manner that contravenes this Agreement or other applicable policies, (d) generation or distribution of content that may harm or discriminate against individuals or a group, or promote any of the foregoing, and generation or distribution of content intended to misinform, misrepresent, mislead, exploit, or harm others;
Upload, generate, or distribute content that encourages the illegal or inappropriate use of alcohol, tobacco, drugs, or the use of explosives, firearms, ammunition, or certain firearms accessories;
Upload, generate, or distribute content that promotes violence or incite hatred against individuals or groups based on race or ethnic origin, religion, disability, age, nationality, veteran status, sexual orientation, gender, gender identity, caste, immigration status or any other characteristic that is associated with systemic discrimination or marginalization; or
Upload, generate, or distribute content that depicts gratuitous violence or other dangerous activities.
6. Investigation
We may, but are not obligated to, investigate, monitor, pre-screen, remove, refuse, or review the Services and/or Content, including Your Content, at any time. You hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation chat, text, or voice communications.
Without limiting the foregoing, we reserve the right to:
remove or refuse to post any of your Content for any or no reason in our sole discretion;
take any action with respect to any of Your Content that we deem necessary or appropriate in our sole discretion, including if we believe that such Content violates this Agreement, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public, or could create liability for us; and/or
terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of this Agreement. Upon determination of any possible violations by you of any provision of this Agreement, we may, at our sole discretion immediately terminate your license to use the Services, or change, alter or remove Your Content, in whole or in part, without prior notice to you.
7. Interactions with Other Users
User Responsibility. You are solely responsible for your interactions with other users of the Services and any other parties with whom you interact through the Services; provided, however, that we reserve the right, but has no obligation, to intercede in any disputes between you and any other users. You agree that we will not be responsible for any liability incurred as the result of your interactions with other users.
Content Provided by Other Users. The Services may contain the Content provided by other users. We are not responsible for and do not control the Content provided by other users. We do not approve or endorse or make any representations or warranties with respect to the Content. You use all Content and interact with other users at your own risk.
8. Links to Other Websites
This Agreement applies only to the Services. The Services may contain links to other websites not operated or controlled by PicsMe. We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored, or checked for accuracy or completeness by us. Please remember that when you use a link to go from the Services to another website, our Agreement is no longer in effect. Your browsing and interaction on any other website, including those that have a link on our platform, is subject to that website's own rules and policies. Such third parties may use their own cookies or other methods to collect information about you.
9. Purchases and Subscriptions
Upon expiration of the initial term of your subscription, whether such subscription is weekly, monthly, quarterly, yearly, or otherwise, your subscription will automatically renew for recurring subscription periods of the same duration unless and until you affirmatively cancel your subscription. If you have purchased your subscription through an App, you can cancel your subscription or automatic renewals any time in your account settings with the App Stores according to the policies of each App Store. If you have purchased your subscription through the Site, you can manage and cancel your subscription and any automatic renewals at any time following the instructions in your subscription purchase or renewal confirmation emails, or by following the instructions in the applicable support page of the Service.
Uninstalling an app will not result in the cancellation of your subscription. If you have begun a subscription period and you then decide to cancel your subscription during such period, you will not receive a refund for the fees you already paid for such subscription period, and you will continue to be able to use the Service for which you subscribed until the end of such subscription period.
The Services may enable you to purchase a limited, personal, non-transferable, non-sublicensable, revocable license to use virtual items or in-app consumables (collectively, the "Virtual Items"), which could include virtual cards, tokens or other units that can be redeemed for additional features, enhancements, functionalities, content, or services within the Service. You are only allowed to purchase Virtual Items through the Service and you may only redeem or use Virtual Items through the Service in which the Virtual Items are purchased. All consumable in-app purchases made through the Service and all Virtual Items (and all redemptions of Virtual Items) are final and non-refundable. You agree that Virtual Items may be subject to an expiration date and that, once expired, you will not receive any refund or compensation for unused Virtual Items. You acknowledge that you will not receive any refund or compensation for unused Virtual Items when your access to the Service or your account (if any) is suspended or terminated in accordance with this Agreement .
We may provide you with gift cards or promotional codes that can be redeemed for additional features, enhancements, functionalities, content, services, or Virtual Items within a specified Service and for a limited period, subject eligibility requirements (the "Promotional Codes"). Promotional Codes have no cash value, are personal, non-transferable, non-sublicensable, and we are under no obligation to provide any compensation in connection with a Promotional Code. The Service may require that you create or log in to your account to use Promotional Codes.
We may update or change our prices and payment terms (or add or remove Virtual Items) from time to time to reflect circumstances such as changes to the Service (including the addition of new features), changes in our business, changes in legal, regulatory, or contractual requirements, changes to the economic environment we operate in, or other justifiable or business reasons. In such cases, we will notify you in advance via email or a pop-up or push notification within the Service. Any changes to applicable recurring subscription fees will apply starting from the next subscription period (changes to subscription fees will not apply retroactively). If you are a consumer resident in the European Economic Area and do not agree with the new price or payment terms, you will have the statutory right to cancel your subscription and withdraw from this Agreement free of charge before the new price or payment terms become effective by following the instructions above.
The validity of this Agreement and the validity of any purchase associated with the Service will be considered independently from each other, meaning that the termination of such associated purchase will not affect the validity of this Agreement, and the termination of this Agreement may not affect the validity of such associated purchase.
10. Procedure for Making Claims of Intellectual Property Right > Infringement
If you believe that a work or other intellectual property has been copied, posted, or used on the Services in a way that constitutes infringement of intellectual property rights of yours or a third party on whose behalf you are authorized to act, please provide our designated intellectual property agent with the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright, trademark, or other intellectual property right;
a description of the copyrighted work, trademark, or other intellectual property right that you claim has been infringed;
a description of the location on the Services of the material that you claim is infringing;
your address, telephone number, and email address;
a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright, trademark, or other intellectual property right owner, its agent or the law; and
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright, trademark, or other intellectual property right owner or authorized to act on the copyright, trademark, or other intellectual property right owner's behalf.
The contact information for our designated agent for notice of claims of infringement is as follows: [email protected]
11. Changes To Our Terms & Conditions
You acknowledge and agree that PicsMe may stop (permanently or temporarily) providing the Services (or any features within the Service) to you or to users generally at PicsMe's sole discretion, without prior notice to you. You may stop using the Service at any time. You do not need to specifically inform PicsMe when you stop using the Service. You acknowledge and agree that if PicsMe disables access to your Account, you may be prevented from accessing the Services, your Account details or any files or other materials which is contained in your Account.
If we decide to change our Terms & Conditions, we will post those changes on this page, and/or update the Terms & Conditions modification date below.
12. Updates to Our App
PicsMe may from time to time provide enhancements or improvements to the features/ functionality of the app with or without notice and without liability to you, which may include patches, bug fixes, updates, upgrades and other modifications ("Updates").
Updates may modify or delete certain features and/or functionalities of the app. You agree that PicsMe has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any features and/or functionalities of the app to you.
You further agree that all Updates will be (i) deemed to constitute an integral part of the app, and (ii) subject to the terms and conditions of this Agreement.
13. Term and Termination
The Term of this Agreement commences on the date when you accept this Agreement (as described above) and continues in full force and effect while you use the Services unless terminated earlier in accordance with this Agreement.
PicsMe may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from PicsMe, if you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the app and all copies thereof from your device.
Upon termination of the Agreement, you shall cease all use of the app and delete all copies of the app from your device.
Termination of the Agreement will not limit any of PicsMe's rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.
14. Indemnification
You agree to indemnify and hold PicsMe and its parents, subsidiaries, affiliates, officers, employees, agents, partners, and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your: (a) use of the app; (b) violation of this Agreement or any law or regulation; or © violation of any right of a third party.
15. Disclaimer of Warranties
The app is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, PicsMe, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the app, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, PicsMe provides no warranty or undertaking, and makes no representation of any kind that the app will meet your requirements, achieve any intended results, be compatible or work with any other software, , systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither PicsMe nor any PicsMe's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the app, or the information, content, and materials or products included thereon; (ii) that the app will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the app; or (iv) that the app, its servers, the content, or e-mails sent from or on behalf of PicsMe are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.
16. Limitation of Liability
Notwithstanding any damages that you might incur, the entire liability of PicsMe and any of its suppliers under any provision of this Agreement and your exclusive remedy for all the foregoing shall be limited to the amount actually paid by you for the app.
To the maximum extent permitted by applicable law, in no event shall PicsMe or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the app, third-party software and/or third-party hardware used with the app, or otherwise in connection with any provision of this Agreement), even if PicsMe or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
17. Severability
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
This Agreement, together with the Privacy Policy and any other legal notices published by PicsMe on the Services, shall constitute the entire agreement between you and PicsMe concerning the Services. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and PicsMe's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. YOU AND PICSME AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
18. Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute waiver of any subsequent breach.
19. Intellectual Property
Service Ownership. The app and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned by PicsMe, its licensors or other providers of such material and are protected by TR and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The material may not be copied, modified, reproduced, downloaded, or distributed in any way, in whole or in part, without the express prior written permission of PicsMe, unless and except as is expressly provided in these Terms & Conditions. Any unauthorized use of the material is prohibited.
Service License. Subject to your compliance with this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable, revocable license to access and use the Services, including to download the app (if any) on a permitted device, and to access the Services solely for non-commercial use. We reserve all rights not expressly granted herein in the Services. You acknowledge and agree that we may terminate this license at any time for any reason or no reason.
20. International Users
The Services may be accessed from countries around the world and may contain references to services and Content that are not available in your country. These references do not imply that we intend to announce such service or Content in your country. We make no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other countries do so at their own volition and are responsible for compliance with local law.
21. Submissions and Privacy
If you submit or post any ideas, creative suggestions, designs, photographs, information, advertisements, data or proposals, including ideas for new or improved products, services, features, technologies or promotions, you expressly agree that such submissions will automatically be treated as non-confidential and non-proprietary and will become the sole property of PicsMe without any compensation or credit to you whatsoever. PicsMe and its affiliates shall have no obligations with respect to such submissions or posts and may use the ideas contained in such submissions or posts for any purposes in any medium in perpetuity, including, but not limited to, developing, manufacturing, and marketing products and services using such ideas.
22. Promotions
PicsMe may, from time to time, include contests, promotions, sweepstakes, or other activities ("Promotions") that require you to submit material or information concerning yourself. Please note that all Promotions may be governed by separate rules that may contain certain eligibility requirements, such as restrictions as to age and geographic location. You are responsible to read all Promotions rules to determine whether or not you are eligible to participate. If you enter any Promotion, you agree to abide by and to comply with all Promotions Rules.
Additional terms and conditions may apply to purchases of goods or services on or through the Services, which terms and conditions are made a part of this Agreement by this reference.
23. Typographical Errors
In the event a product and/or service is listed at an incorrect price or with incorrect information due to typographical error, we shall have the right to refuse or cancel any orders placed for the product and/or service listed at the incorrect price. We shall have the right to refuse or cancel any such order whether the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account or other payment account in the amount of the charge.
24. Arbitration Agreement
This section applies to any dispute EXCEPT FOR DISPUTES RELATING TO CLAIMS FOR INJUNCTIVE OR EQUITABLE RELIEF REGARDING THE ENFORCEMENT OR VALIDITY OF YOUR OR PicsMe's INTELLECTUAL PROPERTY RIGHTS. The term "Dispute" means any dispute, action, or other controversy between you and PicsMe concerning the Services or this agreement, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. "Dispute" will be given the broadest possible meaning allowable under law.
In the event of a dispute, you or PicsMe must give the other a Notice of Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. You must send any Notice of Dispute via email to: [email protected] PicsMe will send any Notice of Dispute to you by mail to your address if we have it, or otherwise to your email address. You and PicsMe will attempt to resolve any dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, you or PicsMe may commence arbitration.
If you and PicsMe don't resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by binding arbitration as described in this section. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. The dispute shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party's rights or property pending the completion of arbitration. Any and all legal, accounting, and other costs, fees, and expenses incurred by the prevailing party shall be borne by the party not prevailing in the arbitration.
25. Supplemental Terms and Conditions for the United States
Export Control. You agree that you will not export or re-export, directly or indirectly the Services and/or other information or materials provided by us hereunder, to any country for which the United States or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval. In particular, but without limitation, the Services may not be exported or re-exported (a) into any U.S. embargoed countries or any country that has been designated by the U.S. Government as a "terrorist supporting" country, or (b) to anyone listed on any U.S. Government list of prohibited or restricted parties, including the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List.
California Consumer Rights Notice. Under California Civil Code Section 1789.3, California users of the Services receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at the contact information set forth at https://www.dca.ca.gov/about_us/contactus.shtml.
Users of the Services who are California residents and are under 18 years of age may request and obtain removal of User Content they posted by contacting us at: [email protected]. All requests must be labeled "California Removal Request" on the email subject line. All requests must provide a description of the User Content you want removed and information reasonably sufficient to permit us to locate that User Content. We do not accept California Removal Requests via postal mail, telephone, or facsimile. We are not responsible for notices that are not labeled or sent properly, and we may not be able to respond if you do not provide adequate information.
26. Contact Us
If you have any questions, feedback, or complaints regarding this Agreement, or if you wish to contact us, please use the following methods:
Contact us: [email protected]