Welcome to pictorios.com! We provide a platform where you can create artwork and visuals using AI image generation technology and explore other creative possibilities (“Platform”).
In these Terms of Service ("Terms"), "you" or "your" refers to you as an individual or any entity you are authorized to represent (such as your employer). "We," "us," or "our" refers to Novevisix OÜ, company number 17063370, registered address: Harju maakond, Tallinn, Põhja-Tallinna linnaosa, Kopli tn 27, 10412.
These Terms constitute a legally binding contract between you and us, outlining our responsibilities as a service provider and your obligations as a user. By accessing or using our Platform, you acknowledge that you have read, understood, and agreed to these Terms, as well as our other policies published at the Platform. If you do not agree to these terms, you may not use our Platform.
For any questions regarding these Terms, please contact us at support@pictorios.com .
1. Our Services
1.1 We provide you with access to AI image generation technology, allowing to create artwork and visuals. The Platform offers various features, tools, and resources to enhance the user experience. We reserve the right to modify, update, or discontinue any aspect of the Platform at our sole discretion.
1.2 Third-Party Products or Services: If you use third-party services in conjunction with ours, those parties are independent, and we are not liable for their goods or services unless otherwise agreed.
2. Eligibility
2.1. You may use our Platform only for lawful purposes and in compliance with all applicable laws and regulations. Access to our Platform is restricted to individuals who are at least 18 years old. If the age of majority in your jurisdiction or place of residence is higher, you must meet that age requirement.
2.2. By accessing or using our Website and Services, you represent and warrant that you have the legal capacity to enter into and form binding contracts under the applicable law.
2.3. Access to and use of our Platform may be restricted or prohibited in certain jurisdictions or territories due to legal or regulatory requirements. The following territories are specifically restricted: Afghanistan Albania Algeria Angola Belarus Bosnia and Herzegovina Bulgaria Burkina Faso Burundi Cameroon Central African Republic Chad China Croatia Cuba Democratic Republic of the Congo Democratic People's Republic of Korea (North Korea) Ethiopia Gabon Guatemala Guinea Guinea-Bissau Haiti Iran Iraq Kenya Kosovo Laos Lebanon Liberia Libya Madagascar Mali Moldova Monaco Montenegro Mozambique Myanmar (Burma) Namibia Nicaragua Niger Nigeria Northern Cyprus North Macedonia Philippines Republic of Congo Russia Senegal Serbia Sierra Leone Somalia South Africa South Sudan Sri Lanka Sudan Suriname Syria Tanzania Tunisia Venezuela Vietnam Yemen Zimbabwe as well as all disputed/occupied territories (e.g., Northern Cyprus, Crimea, Donetsk, Kherson, Luhansk and Zaporizhzhia territories etc.)
3. Account
3.1. To access certain Services or view specific areas of the Platform, you shall register by creating an account on our Platform (the “Account”), providing us with details such as your first name, last name, phone number, password, and email address.
3.2. You represent and warrant that all information you provide in connection with your Account is current, complete, and accurate, and that you will update this information as needed to keep it accurate. You agree to promptly update your Account and other details, including your email address, credit card information, and expiration dates, to facilitate transactions and ensure we can contact you when necessary. Any information you provide during registration will be managed in accordance with our Privacy Policy. It is crucial to maintain the confidentiality of your password.
3.3. Your Account will be linked to your personal email address, and it is prohibited to allow third parties access to your Account. You are responsible for safeguarding the confidentiality of your Account and password, and you agree to assume liability for all activities conducted under your Account.
3.4. We reserve the right to decline user registrations for valid and objective reasons, including but not limited to: violations of the Terms, implementation of fraud prevention measures, doubts about the user's identity, suspicion of spamming activities, uncertainty regarding the user's age, fraudulent behavior, or attempts to register in markets where the Company's services are unavailable.
3.5. Inactive accounts (12 months of inactivity) may be closed and deleted, resulting in the loss of any content. We will notify you before this happens.
4. Payment and Delivery Policy
4.1. Internal items: Our Platform are using points, which refers to internal virtual items which may be used by the user within the Platform for ordering services (“Points”). To access certain features or services on our Platform, you may need to fund your account by adding funds in exchange for Points, allowing you to access additional resources, tools, or premium features. Points can be replenished at a rate of 1 Euro per 1 Point, through ready-made packages or custom amounts.
4.2. Points Usage Policy: The Company grants you a limited, non-transferable, non-exclusive, and revocable license to use your Points solely within the Platform to purchase services associated with your Account. Points can only be redeemed within the Platform and cannot be exchanged for cash, resold, transferred for value, or purchased outside of the specified methods. The Company’s obligation regarding Points is fulfilled once Points are credited to your account.
4.3. Pricing: Prices for account top-ups and other services are clearly displayed on our Platform. We reserve the right to adjust prices at our discretion, with any changes communicated in advance.
4.4. Payment Methods: We accept VISA and Mastercard credit and debit cards. You are responsible for providing accurate and valid payment information, and by doing so, you confirm that you are authorized to use the specified payment method.
4.5. Refund Policy: Account top-ups converted into Points are generally non-refundable unless otherwise specified by us.
Digital artwork may be eligible for a refund if technical issues prevent access or use, or if the artwork has not been downloaded or accessed. Refund requests must be submitted to support@pictorios.com within 14 days of purchase, along with relevant order details, screenshots, or explanations. Refund decisions are at our sole discretion, and if approved, refunds are typically processed by crediting Points back to your account.
4.6. Taxes and Fees: Prices for account top-ups and services may be subject to applicable taxes, duties, or fees. You are responsible for any taxes or fees associated with your use of the Platform.
4.7. Third-Party Payment Processing: We may use third-party payment processors for account funding and payment transactions. These transactions are subject to the terms of the payment processors, and we are not liable for any actions, errors, or omissions by these third parties.
4.7. Purchase and Delivery: Points are credited to your account immediately upon successful top-up, enabling you to access eligible platform services without delay. For paid services requiring artwork or other deliverables, the result will be delivered to your account within 2 business days, unless otherwise communicated. Should you experience delays or issues with delivery, please contact our customer support team for assistance.
4.8. Cancellation: You may cancel your order at any time before payment without incurring charges. If payment has already been made, refer to the Refunds section of these Terms for guidance on cancellation and refund requests.
5. Platform License
5.1 You are granted a limited, non-transferable right to use our Platform while your account is active and in compliance with these Terms.
5.2 You must not: (a) Use the Platform unlawfully or in violation of any rights. (b) Disrupt the Platform or access it improperly. (c) Introduce viruses or malicious code. (d) Use unauthorized versions of the Platform. (e) Access data or accounts you are not authorized to access. (f) Use the Platform for unauthorized commercial purposes. (g) Circumvent security measures. (h) Use the Platform to transmit or create offensive, illegal, or otherwise inappropriate content.
6. Availability, Disruption, and Downtime
6.1. We strive for continuous availability of our services but cannot guarantee 100% uptime.
6.2. We are not liable for disruptions caused by third parties.
6.3. We will attempt to notify you of any disruptions in service.
7. Disclaimer regarding Generative AI
7.1. Our Platform uses generative AI, which may produce content that is not always accurate or reliable. You are responsible for verifying any content before use.
7.2. Our Platform and content generated by our services are provided on an "as-is" and "as available" basis without any warranties or representations, either expressed or implied. We do not guarantee the accuracy, reliability, or completeness of the platform's content or its suitability for any particular purpose.
8. User-Generated Content
8.1. When using our Platform, you may create content, including artwork, visuals, and other materials. You retain all copyright and ownership rights over the content you generate using our AI image generation technology. Any content you create on our platform is considered your intellectual property.
8.2. You are solely responsible for ensuring that the content you generate does not infringe on the intellectual property rights of others. By using our platform, you represent and warrant that you have the necessary rights, licenses, or permissions to use and share the content you create.
9. Intellectual Property Rights
9.1 All intellectual property rights, including but not limited to copyrights, trademarks, and patents, related to the platform, its services, design, source code, and any content within (excluding user-generated content), are owned by or licensed to us. You are not permitted to reproduce, distribute, modify, or create derivative works from any part of the platform without our prior written consent. This includes, but is not limited to, text, images, animations, databases, graphics, logos, trademarks, icons, buttons, pictures, videos, and sound recordings.
10. Privacy
10.1 We are committed to protecting your privacy, and our Privacy Policy is a crucial part of this Agreement. We strongly encourage you to review our Privacy Policy to understand how we collect and process your data. Please note that we are not responsible for the content or privacy practices of any third-party websites that may be linked to our Platform.
11. Limitation of Liability and Indemnification
11.1. LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY AND ITS AFFILIATES SHALL NOT BE LIABLE TO YOU FOR ANY CLAIMS ARISING OUT OF THIS AGREEMENT OR YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, BUSINESS OPPORTUNITIES, DATA, CONFIDENTIAL OR OTHER INFORMATION, LOSS OF PRIVACY, COSTS OF SUBSTITUTE GOODS OR SERVICES, FAILURE TO FULFILL ANY DUTY OF GOOD FAITH OR REASONABLE CARE, NEGLIGENCE, OR ANY OTHER CAUSE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE.
THE COMPANY AND ITS AFFILIATES’ LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE TOTAL FEES PAID OR PAYABLE BY YOU TO THE COMPANY FOR TWO MONTHS OF SERVICES DURING THE TERM OF THIS AGREEMENT, IF APPLICABLE.
THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY. YOU ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY IS A REASONABLE ALLOCATION OF RISK AND IS ESSENTIAL TO THE BASIS OF THE AGREEMENT BETWEEN YOU AND THE COMPANY. THE SERVICES WOULD NOT BE OFFERED WITHOUT THESE LIMITATIONS. THE ABOVE LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN YOUR JURISDICTION.
11.2. INDEMNIFICATION: YOU AGREE, ON BEHALF OF YOURSELF, YOUR REPRESENTATIVES, AND HEIRS, TO RELEASE, WAIVE, DISCHARGE, DEFEND, INDEMNIFY, AND HOLD HARMLESS THE COMPANY, INCLUDING ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, CONSULTANTS, REPRESENTATIVES, SUBLICENSEES, SUCCESSORS, AND ASSIGNS, FROM ANY AND ALL CLAIMS, ACTIONS, OR LOSSES ARISING FROM BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF PRIVACY, OR OTHER DAMAGES OR HARM, WHETHER TO YOU OR THIRD PARTIES, RESULTING FROM YOUR USE OF THE SERVICES.
12. Governing Law and Dispute Resolution
12.1. These Terms shall be governed by and interpreted in accordance with the laws of Estonia. Any disputes arising from or relating to these Terms shall fall under the exclusive jurisdiction of the courts of Estonia.
12.2. For out-of-court resolution of consumer disputes, the competent authority is the Consumer Protection and Technical Regulatory Authority, located at Endla 10A, 10122 Tallinn. Further information can be found at their website: https://ttja.ee/.
12.3. Additionally, disputes between the Company and the user arising under these Terms may be resolved through the European Commission’s online dispute resolution platform, available at http://ec.europa.eu/consumers/odr.
13. Modifications, Suspension and Termination
14.1. Modifications: We may amend these Terms at any time by providing you with notice. By continuing to use our Platform after the notice, or 30 days after notification (whichever is earlier), you agree to the revised Terms. If you do not agree, you may close your Account.
14.2. We may suspend your access to our services for violations of these Terms.
14.3 You may terminate these Terms at any time, and your termination will be effective at the end of the current subscription period.
Please review these Terms carefully. If you have any questions, feel free to contact us at support@pictorios.com .
These Terms were last updated on September 5, 2024.