PicStudio.AI operated by Prompt Hunt Inc. ("PicStudio.AI") provides image generation and headshot photography services, and related offerings (the "Services") to you, the user, subject to your acceptance of all the terms set forth in this Agreement, including these Terms and Conditions and all associated policies.

By accessing and using PicStudio.AI's Services, you signify your consent and agreement to be bound by this Agreement. Please take the time to carefully read and understand these Terms and Conditions, as they govern your rights and responsibilities regarding the generated assets ("Assets") and your use of the Services. Additionally, this Agreement covers crucial aspects such as arbitration and outlines our data handling practices in our privacy policy.

This Agreement is entered into by PicStudio.AI Inc. and the entity or individual accepting these terms ("Customer") and governs the Customer's access to and usage of the Services. The Effective Date of this Agreement is when the Customer first accesses and utilizes the Services or generates and receives Assets. Periodically, we may update and present the terms of this Agreement to the Customer. Continued usage of the Services after such updates constitutes the Customer's acceptance of the revised terms. If you do not agree with this Agreement, please discontinue using PicStudio.AI's Services.

Additional documents referenced herein, including the Community Guidelines provided below, also apply to the Customer's usage of the Services.

Service Availability and Quality

At PicStudio.AI, we are committed to continuously improving our Services to enhance your experience. This means that the Services are subject to updates, modifications, and changes, including, but not limited to, adjustments in the art style of Assets, algorithms utilized for generating Assets, and available features for Customers. However, we do not guarantee the quality, stability, uptime, or reliability of the Services.

Please refrain from creating dependencies on specific attributes of the Services or the Assets, as they may evolve over time. We shall not be held liable for any harm or inconvenience caused to you or your downstream customers resulting from your reliance on the Services.

Both the Services and the Assets are provided on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, whether express or implied. This includes, but is not limited to, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. As the Customer, you assume full responsibility for determining the suitability of using or redistributing the Assets and acknowledge the associated risks.

PicStudio.AI reserves the right to suspend or terminate your access to the Services at any time and for any reason. The usage of the Services for competitive research is strictly prohibited. Reverse engineering the Services or the Assets, as well as using automated tools to access, interact with, or generate Assets through the Services, is not allowed.

Please note that only one user is permitted to use the Services per registered account, and each user can have only one account. We retain the right to investigate any complaints or reported violations of our Terms of Service. In doing so, we may take appropriate actions, such as reporting suspected unlawful activities to law enforcement officials, regulators, or other third parties. Additionally, we may disclose any information deemed necessary or suitable to such individuals or entities, including user profiles, e-mail addresses, usage history, posted materials, IP addresses, and traffic information.

Age Requirements

By accessing and using the Services, you affirm that you are at least 13 years old and meet the minimum age of digital consent required in your country. If you are eligible to access the Services in your country but lack the authority to consent to our terms due to being underage, it is essential that your parent or legal guardian agrees to our terms on your behalf. We kindly request that you involve your parent or guardian in reading these terms together with you. As a parent or legal guardian, if you permit your teenager to utilize the Services, these terms equally apply to you, and you are responsible for monitoring your teenager's activities on the platform.

PicStudio.AI endeavors to ensure that its Services maintain a PG-13 and family-friendly standard. However, please be aware that the Assets are generated by an artificial intelligence system based on user queries. As this technology is constantly evolving, there may be instances where the results do not meet expectations. We do not guarantee the suitability of the generated Assets for individual Customers.

Your Information

When utilizing the Services, you may be required to provide PicStudio.AI with certain personal information such as your email address, user name, billing details, favorites, image outputs, and text prompts that you enter, or sample images that you upload to the platform. Our policy regarding the handling and usage of your personal information, along with the rights you possess concerning it, can be found [link to your privacy policy].

Both you, as the Customer, and PicStudio.AI agree to adhere to all applicable data protection laws. In the event that additional terms pertaining to data privacy or data transfers are necessary, both parties commit to collaborate in good faith to establish such terms.

Copyright and Trademark

As per applicable laws and subject to the following terms, you retain ownership of the content you upload ("Uploads") while acknowledging that PicStudio.AI owns all the generated content ("Generations"). Consequently, you hereby make any necessary assignments to effectuate this ownership arrangement.

PicStudio.AI grants you exclusive rights to reproduce and display the Generations you have created, and we undertake not to resell or use such Generations in any manner that would infringe upon your rights or those of your end users. Additionally, we will not assert any copyright claims in these Generations against you or your end users, provided that you adhere to these terms and our Content Policy.

In the event that you breach our terms or Content Policy, your rights to use the Generations may be revoked. However, we will provide you with written notice and a reasonable opportunity to rectify the violation, unless the breach is clearly illegal or abusive in nature.

Please be aware that similar or identical Generations may be created by other users utilizing their own prompts. Your exclusive rights extend only to the specific Generation you have personally created.

DMCA and Takedowns Policy

At PicStudio.AI, our Assets are generated using an artificial intelligence system trained on public datasets. As a result, there is a possibility that the produced Assets may unintentionally resemble copyright-protected material or trademarks owned by others. We are committed to respecting the rights of all copyright and trademark holders globally.

If you firmly believe that your copyright or trademark is being infringed by our Service, please reach out to us at info@prompthunt.com. We take such matters seriously and will promptly process your request.

Dispute Resolution and Governing Law

All legal claims arising out of or relating to this Agreement, including any disputes regarding the interpretation or performance of the Agreement ("Dispute"), will be governed by the laws of the Republic of Singapore.
The parties will make a genuine effort to settle any Dispute in good faith within 30 days from the date the Dispute arises. If the Dispute remains unresolved after the 30-day period, it shall be resolved through arbitration conducted by the Singaporean Arbitration Association’s International Centre for Dispute Resolution, following its Expedited Commercial Rules in effect as of the date of this Agreement ("Rules").
The parties will collaboratively choose one arbitrator for the arbitration proceedings, which will take place in English in Singapore.
Either party may seek injunctive relief from any competent court to safeguard its rights while the arbitration is pending. The arbitrator may also order equitable or injunctive relief consistent with the remedies and limitations specified in this Agreement.
The arbitral award resulting from the arbitration process will be final and binding on both parties, and its enforcement may be pursued in any competent court, including any court with jurisdiction over either party or its assets.
Each party will be responsible for bearing its own lawyers’ and experts’ fees and expenses, irrespective of the arbitrator’s final decision regarding the Dispute.

Ownership

Customer Ownership: When using our services, you retain complete ownership of all photos and data that you upload, store, or transmit through our platform. We do not assert any rights or ownership over your photos or data.
Non-Usage Without Explicit Consent: Respecting your privacy and ensuring the security of your photos and data is of utmost importance to us. We will not use, sell, rent, or exploit your photos or data without obtaining your explicit consent.
Consent for Specific Purposes: In certain instances, we may request your explicit consent to use your photos or data for specific purposes outlined in separate agreements, features, or functionalities within our services. Such consent will be obtained separately, and we will only utilize your photos or data in accordance with the terms specified in the specific consent provided.
Limited Data Processing: We may process your photos and data solely to provide our services to you, including storage, retrieval, backup, and data analysis, all in accordance with applicable privacy laws and regulations.
Data Security Measures: We implement reasonable security measures to protect your photos and data from unauthorized access, disclosure, alteration, or destruction. However, please be aware that while we strive to maintain the highest level of security, no method of transmission over the internet or electronic storage can be guaranteed to be 100% secure.
Third-Party Access: We will not grant access to your photos or data to any third parties, except when required by law, to fulfill legal obligations, enforce our rights, prevent fraud, or safeguard the rights, property, or safety of our users.
Data Deletion: After usage, any data will be automatically deleted within 30 days. Upon your request or termination of your account, we will erase your photos and data from our active databases, subject to any legal obligations or technical limitations that may prevent immediate deletion. It's important to note that residual copies of your photos or data may remain in our backup systems for a limited period.

Payment and Billing

For your use of the Services, we may send you invoices through a third-party payment service provider. In case of any conflict between the terms of this Agreement and the third party's terms of service, the third party's terms will govern and take precedence.

You have the freedom to cancel your plan at any time. Similarly, we retain the right to terminate your access to the Service for various reasons, including violations of the Community Guidelines or any other inappropriate use of the Service. In such cases, any outstanding usage fees will be charged immediately.

Upon purchase of our services, you acknowledge and agree that the fees paid for the creation of AI characters and generation of AI photos are non-refundable. This is due to the significant costs incurred, including the irreversible expense of GPU processing time as mandated by our upstream providers. By completing this transaction, you relinquish any right to a refund, understanding that this condition is critical for the financial viability of the service.

Community Guidelines

Be kind and respectful: We promote a positive and respectful environment for all users and staff. Please refrain from creating images or using text prompts that are disrespectful, aggressive, or abusive in nature. Violence or harassment of any kind will not be tolerated.
No adult content or gore: Our platform strictly prohibits the creation or sharing of adult content, gore, or visually shocking and disturbing materials. Certain text inputs may be automatically blocked to ensure compliance.
Respect others' creations: Avoid publicly reposting the creations of others without obtaining their permission. It's important to respect the intellectual property and creative efforts of fellow users.
Be cautious about sharing: While it's acceptable to share your creations outside of the HeadshotPro community, please consider how others might perceive your content. Exercise discretion and ensure your content aligns with appropriate guidelines.
Violations and consequences: Any violations of these rules may lead to bans from our services. We take these guidelines seriously to maintain a safe and respectful community for all users.

Limitation of Liability and Indemnity

Service "As Is": We provide the service on an "as is" basis and make no promises or guarantees about its performance or outcomes. You understand and agree that we shall not be held liable to you or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential, or exemplary damages, regardless of how they arise.
Your Responsibility: You are responsible for your use of the service. In the event that you cause harm to someone else or become involved in a dispute with a third party, we will not be involved or held responsible.
Intellectual Property Infringement: If you knowingly infringe someone else’s intellectual property rights, and this causes us financial losses, we reserve the right to seek compensation from you. We may also take further actions, such as attempting to recover our attorney’s fees through legal means. We strongly advise against engaging in any such activities.

In summary, while we strive to offer a reliable service, we cannot guarantee specific outcomes or be held liable for any damages. Your use of the service is at your own risk, and you must take responsibility for your actions. Please respect intellectual property rights and refrain from engaging in any activities that may result in financial losses for us or others.

Miscellaneous

Force Majeure: Neither party will be held liable for any failure or delay in performance under this Agreement if such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, terrorism, riots, or war.
No Agency: This Agreement does not establish an agency, partnership, or joint venture relationship between the parties. Each party shall act as an independent entity.
Severability: If any part of this Agreement is deemed invalid, illegal, or unenforceable, the remainder of the Agreement will remain in full force and effect.
No Third-Party Beneficiaries: This Agreement does not grant any rights or benefits to third parties unless expressly stated otherwise.
Survival: Certain sections and obligations within this Agreement will survive its termination. This particularly includes the provisions relating to intellectual property and privacy matters, which will continue to be in effect after the agreement has ended.