Terms and Conditions

These terms and conditions establish a binding contractual agreement between you (the visitor or user) and Picwand Studio (Picwand, our, us, or we) according to which you may visit the Picwand website at https://www.picwand.ai/ and view and use any and all products, services, and programs mentioned on the website.

Picwand reserves the right to change these terms and conditions, as well as the products, services, prices and programs mentioned on its website, at any time, and to seek all remedies at law and in equity for any violation of these terms and conditions. We also reserve the right to modify, suspend, or discontinue any part of the Services at any time without prior notice.

Use of Services

You acknowledge that content generated through AI may not always be accurate, complete, or suitable for all purposes, and you agree not to rely solely on such content.

You must be at least 18 years of age to use our Services. By using our Services, you represent and warrant that you meet this age requirement.

Subscription and Billing

Certain features of the Services may require payment. Subscriptions may automatically renew at the end of each billing cycle unless canceled prior to the renewal date. You are responsible for managing your subscriptions and any applicable fees.

User Accounts

To access certain features of our Services, you may be required to create a user account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We reserve the right to suspend or terminate your account if we suspect any unauthorized, fraudulent, or illegal activity, including the use of our services to process illegal or unauthorized images or videos.

Content and Copyright

All content on our website, including but not limited to text, graphics, logos, sounds, and software, is the copyrighted material of picwand.ai. All rights are reserved. You may use this content for personal, non-commercial use, and you may share it with third parties for their personal use, provided you acknowledge the source. Any other use or reproduction of our content is strictly prohibited without our prior written permission.

Picwand respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Picwand of your infringement claim in accordance with the procedure set forth below.

DMCA Notices: Picwand will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement.

The notification must be in writing and contain the following information:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. A description of the copyrighted work or other intellectual property that you claim has been infringed;
3. A description of where the material that you claim is infringing is located on the Services, with enough detail that we may find it on the Services;
4. Your address, telephone number, and email address;
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law.
6. A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Notification pursuant to the DMCA should be submitted to:

Email: DMCAAgent@picwand.ai

You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid. Emails or notices sent to Picwand without a proper subject line, or for purposes other than communication about intellectual property claims, may not be acknowledged or responded to.

Counter-Notices: If you believe that your Content was removed or disabled due to a DMCA notice, and you believe the Content is not infringing, you may send us a written counter-notice containing the following information:

1. Your physical or electronic signature;
2. Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
3. A statement that you have a good faith belief that the content was removed or disabled as a result of a mistake or a misidentification of the content;
4. Your name, address, telephone number, and email address;
5. A statement that you consent to the jurisdiction of the federal court located within Delaware and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If we receive a counter-notice, we will send a copy of the counter-notice to the original complaining party informing them that we will restore the removed/disabled content within 14 business days unless the original complaining party tells us they have filed a court action relating to the Content.

Repeat Infringer Policy: In accordance with the DMCA and other applicable laws, Picwand has adopted a policy of terminating, in appropriate circumstances and at our sole discretion, users who are deemed to be repeat infringers. Picwand may also, at its sole discretion, limit access to the Services or terminate the registrations of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Content Restrictions

You are prohibited from uploading, generating, or distributing any User Content that:

Is deceptive, fraudulent, or factually incorrect.
Violates any applicable laws, regulations, or legal requirements.
Involves the unauthorized manipulation or swapping of facial features.
Infringes upon the intellectual property rights of any third party—including but not limited to film, television, animation, video game characters, trademarks, and related assets.
Contains unsolicited advertising, political campaigning, promotional content, or any form of solicitation.
Discloses personal information of individuals without their explicit and prior consent.
Reveals information that you are not permitted to share under legal, contractual, or fiduciary agreements.
Endangers or exploits minors by exposing them to inappropriate, harmful, or age-unsuitable material.
Incorporates malicious software, viruses, Trojan horses, or any other harmful or disruptive code.
Depicts or contains sexually explicit material or themes.
Is deemed, at our sole discretion, inappropriate, disruptive to the user experience, or potentially harmful to us, our users, or any third party.

You agree not to use the Services to create deepfakes, misleading synthetic media, or content that may infringe upon the rights, privacy, or reputation of others. Failure to comply with these guidelines may lead to the suspension or permanent termination of your account.

Content Public Visibility

When you use uploaded materials to generate images or videos, you can choose to make the generated content public and publish it to the Explore community. If you choose to make your content public, you hereby grant us and our affiliates (including but not limited to products such as Picwand) a worldwide, perpetual, non-exclusive, sublicensable, transferable, royalty-free, and irrevocable license to use, display, download, and distribute any files or content you upload to the public section of the Picwand platform (including but not limited to models, images, training data, etc.) and their derivative works, or any assets generated based on your instructions, in existing or future networks and media. For the avoidance of doubt, we do not use your private (non-public) content for model training or public distribution without your consent.

This license applies to the Picwand platform and other related business platforms of the company, including, but not limited to, modifying, improving, and enhancing AI models, as well as promoting and redistributing all or part of the services and their derivative works through any media format or channel.

Intellectual Property Rights

The trademarks, logos, and service marks displayed on our Services ("Marks") are the property of picwand.ai or their respective owners. You are not permitted to use these Marks without our prior written consent or the consent of the respective owners.

Third-Party Websites and Services

Our Services may contain links to third-party websites or services that are not owned or controlled by picwand.ai. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. You are fully responsible for your interactions with these third parties and should review their terms and policies.

Your use of our Services is also governed by our Privacy Policy, which outlines how we collect, use, and protect your personal information. By using our Services, you consent to our collection and use of your personal information as described in the Privacy Policy.

Termination of Services

We reserve the right to terminate or suspend your access to our Services at any time, with or without cause, and with or without notice. Upon termination, your right to use our Services will cease immediately. Upon termination, we may delete or disable access to your account and associated data in accordance with applicable laws and our data retention policies.

Feedback and User Contributions

We welcome your feedback, comments, ideas, and suggestions to improve our services. By submitting feedback or contributions, you grant us the right to use them without any restriction or compensation to you.

Disclaimer

The Services are provided on an "as is" and "as available" basis. We do not guarantee that the Services will be uninterrupted, secure, or error-free, nor do we guarantee the accuracy, completeness, or reliability of any content or results generated through the Services.

Limitation of Liability

In no event shall picwand.ai be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use goodwill, or other intangible losses, resulting from (i) your use or inability to use our Services; (ii) any unauthorized access to or use of our servers and/or any personal information stored therein; (iii) any interruptions or cessation of our Services; (iv) any bugs, viruses, or the like transmitted to or through our Services by any third party; (v) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through our Services. Some jurisdictions do not allow the exclusion or limitation of certain liabilities, so some of the above limitations may not apply to you.

Indemnification

You agree to defend, indemnify, and hold harmless picwand.ai, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with your use of the Services or violation of these Terms.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law principles.