Terms of Service

PLEASE READ THESE TERMS OF SERVICE (“TERMS” OR “AGREEMENT”) CAREFULLY BEFORE ACCESSING OR USING THE SERVICES PROVIDED BY PICTURALABS (“WE,” “US,” OR “OUR”).

Welcome to PicturaLabs, an AI-powered image generation platform accessible at www.picturalabs.com (the “Site”). These Terms govern your access to and use of our website and all related products, services, features, tools, content, and applications offered by PicturaLabs from time to time (collectively, the “Service”).

The Service is offered subject to your acceptance, without modification, of these Terms, as well as any additional operating rules, policies, guidelines, or procedures that may be published by PicturaLabs from time to time in connection with the Service, including but not limited to our Privacy Policy. All such additional policies are hereby incorporated into these Terms by reference.

Certain features or services offered through the Service may be subject to additional terms and conditions. Your use of such features or services constitutes your acceptance of any applicable additional terms, which shall form part of these Terms.

By accessing or using the Site or the Service in any manner, you agree to be legally bound by these Terms. If you do not agree with any part of these Terms, you must not access or use the Site or the Service.

PicturaLabs reserves the right, in its sole discretion, to refuse access to the Service to any person or entity, and to modify eligibility criteria at any time, to the extent permitted by applicable law. This provision is void where prohibited by law, and the right to access the Service is revoked in such jurisdictions.

Your continued use of PicturaLabs constitutes your acceptance of these Terms and any updates or modifications thereto.

PicturaLabs is a brand of Innomaition Agency, operated by Anton Popovitch. Registered address: 20457 Hamburg, Germany

If you have any questions or concerns regarding these Terms or the Service, please refer to our Privacy Policy or contact us at support@picturalabs.com.

Eligibility

To use the Service, you must be at least 18 years old or have reached the age of majority in your jurisdiction, whichever is higher. By accessing or using the Service, you represent and warrant that you meet this requirement.

If you are using the Service on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms.

Permitted Use of the Service

PicturaLabs provides an AI-powered image generation platform intended for lawful, ethical, and creative use. We grant you a limited, non-exclusive, non-transferable, and revocable license to use the Service solely in accordance with these Terms.

You agree to use the Service only for purposes that comply with applicable laws and regulations and do not infringe the rights of others.

User Content and Consent

You are solely responsible for all content, including images, text, or other materials, that you upload, generate, or share using the Service (“User Content”).

By using the Service, you represent and warrant that:

- You own or have all necessary rights, licenses, and permissions to upload or generate the User Content.

- Any individual depicted in User Content has given explicit consent for their likeness to be used, where applicable.

- You will not upload, generate, or share any content depicting minors (individuals under the age of 18).

PicturaLabs strictly prohibits the use of the Service to create, upload, or distribute any content involving minors. We reserve the right to monitor and review content and, where required by law, remove such content and report potential violations to the appropriate authorities.

Prohibited Conduct

You agree not to use the Service to create, upload, generate, distribute, or share any content that:

- Is unlawful, harmful, abusive, harassing, defamatory, misleading, fraudulent, obscene, or otherwise objectionable.

- Infringes upon intellectual property rights, privacy rights, or other rights of any third party.

- Impersonates any individual or entity or misrepresents affiliation.

- Includes unauthorized face-swapping, identity misuse, or deceptive AI-generated content.

- Promotes scams, fraud, illegal activities, or the sale of illegal products or services.

- Contains political campaigning, advocacy, or misinformation.

- Includes violent, hateful, or discriminatory content.

- Contains explicit sexual content, pornography, or nudity.

- Endangers, exploits, or harms children in any way.

- Contains malware, viruses, or any code intended to disrupt or harm systems or users.

Any violation of these rules may result in suspension or termination of your account, at our sole discretion.

Technical and Platform Misuse

You further agree not to:

- Interfere with or disrupt the integrity or performance of the Service or its infrastructure.

- Attempt to bypass security measures or access restricted areas of the Service.

- Use automated systems (including bots, scrapers, or data harvesting tools) to access the Service, except where explicitly permitted.

- Reverse engineer, decompile, or attempt to extract the source code, models, algorithms, or underlying systems of the Service, except where prohibited by law.

- Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without our prior written consent.

Enforcement

PicturaLabs reserves the right, but is not obligated, to investigate and take appropriate action against any violation of these Terms, including removing content, suspending or terminating accounts, and cooperating with law enforcement authorities where required by law.

PicturaLabs uses artificial intelligence technologies to generate images and other visual content. Due to the nature of AI-generated output, certain results may, in rare cases, resemble existing copyrighted works, trademarks, or other protected materials.

We respect the intellectual property rights of creators and rights holders worldwide and expect all users of the Service to do the same. PicturaLabs is committed to responding appropriately to valid notices of alleged copyright or intellectual property infringement in accordance with applicable laws, including the U.S. Digital Millennium Copyright Act (DMCA) and relevant European Union copyright regulations.

PicturaLabs reserves the right, at its sole discretion, to update, modify, or replace these Terms at any time. We may also change, suspend, or discontinue all or any part of the Service, including the availability of features, content, or functionality, at any time.

Where required by applicable law, we will make reasonable efforts to notify users of material changes to these Terms, such as by email or through notices within the Service. However, it remains your responsibility to review these Terms periodically to stay informed of any updates.

Your continued access to or use of the Service after revised Terms become effective constitutes your acceptance of the updated Terms.

License to Use the Service

Subject to your compliance with these Terms and any applicable laws, PicturaLabs grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for personal or commercial purposes, as permitted by your subscription plan.

All rights not expressly granted to you under these Terms are reserved by PicturaLabs.

Each user must maintain a single, unique account. You are solely responsible for all activities conducted through your account. Any violation of these Terms may result in suspension or termination of your access to the Service.

Ownership of Generated Content

As between you and PicturaLabs, you retain ownership of the images and other visual content generated through the Service at your direction (“Generated Assets”), subject to your compliance with these Terms and applicable law.

To the extent permitted by law, PicturaLabs assigns to you all rights, title, and interest it may have in the Generated Assets, allowing you to use them for personal or commercial purposes, unless otherwise restricted by these Terms.

License Granted to PicturaLabs

By using the Service, you grant PicturaLabs a perpetual, worldwide, non-exclusive, royalty-free, irrevocable, and sublicensable license to use, reproduce, process, adapt, modify, publish, display, distribute, and create derivative works from:

- any prompts, images, or other content you submit to the Service, and

- any Generated Assets produced at your direction,

solely for the purposes of operating, maintaining, improving, promoting, and securing the Service, as well as complying with legal obligations and enforcing our policies.

No compensation is owed to you for this license, as access to and use of the Service constitutes sufficient consideration for the rights granted herein.

Public Content and Other Users

If you choose to make any Generated Assets publicly available through features of the Service, you grant other users a non-exclusive, royalty-free, worldwide license to access and use such content solely as enabled by the Service's functionality.

The licenses granted to PicturaLabs under this section shall survive termination of these Terms for any reason.

PicturaLabs does not use user-submitted content, prompts, uploaded materials, or Generated Assets to train, fine-tune, or improve general-purpose artificial intelligence models.

User Content and Generated Assets are processed solely for the purpose of providing the requested Service, including generating images, operating and maintaining the platform, ensuring security, preventing abuse, and complying with applicable legal obligations.

PicturaLabs utilizes third-party infrastructure and AI service providers to perform image generation. Such providers process data exclusively to deliver the requested output and are not permitted to use User Content or Generated Assets for their own model training or improvement on behalf of PicturaLabs.

Nothing in this section affects or limits your ownership rights in Generated Assets as described in these Terms.

The Service uses artificial intelligence technologies to generate images and other visual content ("AI-Generated Content"). Due to the probabilistic nature of artificial intelligence systems, AI-Generated Content may be inaccurate, incomplete, misleading, or not reflect real-world facts.

PicturaLabs does not guarantee that AI-Generated Content will be unique, original, error-free, or free from similarities to existing works, trademarks, or other protected materials. You acknowledge and agree that you are solely responsible for reviewing, verifying, and evaluating the suitability of any AI-Generated Content before using it for personal, commercial, or public purposes.

AI-Generated Content is provided for general creative and informational purposes only and does not constitute professional, legal, medical, financial, or other regulated advice. You should not rely on AI-Generated Content as a substitute for professional judgment or independent verification.

You assume all risks associated with the use, publication, distribution, or commercial exploitation of AI-Generated Content, including compliance with applicable laws, third-party rights, and industry-specific regulations. PicturaLabs shall not be liable for any claims, damages, or losses arising from your use of AI-Generated Content, except where liability cannot be excluded under applicable law.

Paid Subscriptions and Billing

PicturaLabs offers access to the Service through paid subscription plans, which may be billed on a monthly or yearly basis, as described on the Site. Subscriptions automatically renew for the same billing period unless canceled prior to the renewal date.

You may manage or cancel your subscription at any time through your account's billing settings. Cancellation will take effect at the end of the current billing period. No refunds or credits will be issued for any fees already paid, except where required by applicable law.

Immediate Access and Waiver of Withdrawal Right

By purchasing a subscription, you acknowledge and agree that access to digital content and AI-powered services is provided immediately upon purchase. To the extent permitted by applicable law, you expressly consent to the immediate performance of the Service and acknowledge that you may lose any statutory right of withdrawal once the Service has begun.

Due to the nature of AI services and the immediate allocation of computational resources, PicturaLabs does not offer refunds for unused time, credits, or partially used subscriptions, except where legally required.

Pricing Changes

PicturaLabs reserves the right to modify subscription fees, pricing structures, included features, or service offerings at any time. Any changes to subscription pricing will apply at the start of your next renewal period, unless otherwise required by law.

Taxes

Unless otherwise stated, subscription fees do not include any applicable taxes, levies, duties, or governmental assessments. You are responsible for the payment of all applicable taxes related to your purchase, and such taxes may be added to your invoice where required.

Payment Processing

PicturaLabs does not directly process payments through the Site. All payments are securely processed by Paddle, which acts as the Merchant of Record (MoR). By providing your payment information, you authorize Paddle to charge the applicable subscription fees and any related taxes to your selected payment method in accordance with Paddle's terms and policies.

If PicturaLabs offers a free tier or trial, you may not create multiple accounts to circumvent usage limits or gain additional free access. We reserve the right to suspend or terminate access, or to charge standard fees, if we determine that free-tier access is being abused or used in bad faith.

If any payment becomes overdue, we reserve the right to suspend or restrict access to the Service until payment is received, after providing reasonable notice where required by law.

PicturaLabs reserves the right to suspend or terminate your account or access to all or any part of the Service at any time, with or without notice, if we reasonably determine that:

- you have violated these Terms or any applicable laws or regulations;

- you have engaged in fraudulent, abusive, or unlawful behavior;

- your use of the Service poses a risk to the Service, other users, or PicturaLabs; or

- we are required to do so by law, regulation, or governmental request.

You may terminate your account at any time by following the instructions provided within the Service. Termination will take effect once your request has been processed.

Upon termination for any reason:

- your right to access and use the Service will immediately cease;

- any fees already paid are non-refundable, except where required by applicable law;

- we may delete or deactivate your account and associated data in accordance with our data retention policies and applicable law.

All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, disclaimers, limitations of liability, and indemnification obligations.

You agree to indemnify, defend, and hold harmless PicturaLabs, its affiliates, and their respective officers, directors, employees, contractors, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

- your access to or use of the Service;

- your violation of these Terms or any applicable law or regulation;

- any User Content you upload, generate, submit, or share through the Service;

- your infringement of any intellectual property, privacy, or other rights of any third party; or

- your breach of any representations or warranties made under these Terms.

PicturaLabs reserves the right to assume exclusive control of the defense of any matter subject to indemnification by you, in which case you agree to cooperate fully with such defense.

These Legal Terms are governed by and interpreted following the laws of Germany, and the use of the United Nations Convention of Contracts for the International Sales of Goods is expressly excluded. If your habitual residence is in the EU, and you are a consumer, you additionally possess the protection provided to you by obligatory provisions of the law in your country of residence. PicturaLabs and yourself both agree to submit to the non-exclusive jurisdiction of the courts of Hamburg, which means that you may make a claim to defend your consumer protection rights in regards to these Legal Terms in Germany, or in the EU country in which you reside.

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, PICTURALABS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICE. PICTURALABS SHALL BE LIABLE WITHOUT LIMITATION FOR DAMAGES RESULTING FROM INTENT, GROSS NEGLIGENCE, OR FROM INJURY TO LIFE, BODY, OR HEALTH, AS WELL AS UNDER MANDATORY STATUTORY LIABILITY, INCLUDING LIABILITY UNDER APPLICABLE PRODUCT LIABILITY LAWS. IN CASE OF SLIGHT NEGLIGENCE, PICTURALABS SHALL ONLY BE LIABLE FOR THE BREACH OF ESSENTIAL CONTRACTUAL OBLIGATIONS (CARDINAL OBLIGATIONS), AND SUCH LIABILITY SHALL BE LIMITED TO THE TYPICAL, FORESEEABLE DAMAGES. IN ALL OTHER CASES, PICTURALABS' TOTAL LIABILITY SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE SERVICE DURING THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THE FOREGOING LIMITATIONS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE EUROPEAN UNION AND NATIONAL LAWS.

The failure of PicturaLabs to enforce any right or provision of these Terms shall not be construed as a waiver of such right or provision. Any waiver of a term or condition shall apply only to the specific instance for which it is given and shall not constitute a continuing or further waiver of any other term, condition, or right under these Terms. If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be enforced to the maximum extent permitted by applicable law, and the remaining provisions shall continue in full force and effect. Where necessary, the invalid or unenforceable provision shall be replaced by a valid and enforceable provision that most closely reflects the original intent of the parties.

PicturaLabs shall not be liable for any failure or delay in the performance of its obligations under these Terms where such failure or delay results from events beyond its reasonable control ("Force Majeure Events"). Force Majeure Events include, but are not limited to, natural disasters, acts of war or terrorism, civil unrest, pandemics, labor disputes, governmental orders or regulatory changes, power or internet outages, failures of third-party service providers or infrastructure (including cloud services, data centers, and AI or GPU providers), cyberattacks, or other events that could not reasonably have been foreseen or prevented.

During the occurrence of a Force Majeure Event, PicturaLabs' obligations under these Terms shall be suspended for the duration of the event to the extent affected. PicturaLabs will make reasonable efforts to resume the Service as soon as practicable once the Force Majeure Event has ceased. Nothing in this section shall exclude or limit liability where such exclusion or limitation is not permitted under applicable law.

The Service may contain links to third-party websites or services that are not owned or controlled by PicturaLabs. These Terms apply solely to the PicturaLabs website and the Service and do not govern any third-party websites, content, or services. If you access third-party websites through links provided on the Service, you do so at your own risk, and PicturaLabs assumes no responsibility for the content, terms, policies, or practices of such third parties. Likewise, if you access the Service through a link from another website, the terms and conditions of that website do not apply to PicturaLabs or the Service. You may create a hyperlink to the PicturaLabs website provided that such link does not suggest or imply any affiliation, sponsorship, endorsement, or approval by PicturaLabs. Any reference to PicturaLabs, its products, services, trademarks, logos, or other proprietary materials by you or any third party does not constitute an endorsement or recommendation unless expressly agreed to by PicturaLabs in writing. Without our prior written consent, you may not frame, inline link, scrape, mirror, or otherwise incorporate any part of the Service, including content, images, or intellectual property, into another website, application, or service, except as expressly permitted under a separate license or agreement with PicturaLabs.

By accessing or using the Service, you confirm that you are at least 18 years old or have reached the minimum age of digital consent in your country of residence, whichever is higher. If you are not legally able to consent to these Terms in your jurisdiction, you may only use the Service with the involvement and consent of a parent or legal guardian, who must agree to these Terms on your behalf.

Parents or legal guardians who permit a minor to access or use the Service acknowledge that these Terms apply to them and that they are responsible for the minor's activities on the Service. PicturaLabs makes no representations or guarantees regarding the suitability of any generated images or content for any specific user.

These Terms constitute the entire agreement between you and PicturaLabs regarding your access to and use of the Service and supersede all prior or contemporaneous agreements, communications, or understandings, whether oral, written, or electronic. If any provision of these Terms is held to be invalid, illegal, or unenforceable, such provision shall be limited or modified to the minimum extent necessary to render it enforceable, and the remaining provisions shall continue in full force and effect. The failure of either party to enforce any right or provision under these Terms shall not constitute a waiver of such right or provision. PicturaLabs shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control. These Terms are personal to you and may not be assigned or transferred by you without the prior written consent of PicturaLabs. PicturaLabs may freely assign, transfer, or delegate its rights and obligations under these Terms without restriction. Nothing in these Terms creates any agency, partnership, joint venture, employment, or fiduciary relationship between you and PicturaLabs. Unless otherwise specified, any notices under these Terms shall be provided in writing and shall be deemed given when delivered personally, sent by email with confirmation of receipt, or sent via a recognized overnight delivery service.