Terms of Service
Last updated: January 15, 2025
1. Introduction
Welcome to Pictomancer.ai (“we”, “us”, or “our”). These Terms of Service (“Terms”) govern your use of our AI-powered image optimization and enhancement API services (“Services”).
By accessing or using our Services, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access the Services.
Company Information:
- Service Provider: Pictomancer.ai
- Registered in Spain
- Email: legal@pictomancer.ai
- Customer Service: support@pictomancer.ai
2. Definitions
- “API” means our Application Programming Interface for image processing
- “Services” means the image optimization and enhancement services we provide
- “User” or “you” means any individual or entity using our Services
- “Content” means any images, data, or other materials you upload or submit
3. Acceptance of Terms
You must be at least 18 years old to use our Services. By using our Services, you represent that you have the legal capacity to enter into these Terms.
4. Description of Services
Pictomancer.ai provides AI-powered image processing services including:
- Image optimization and compression
- AI-powered image enhancement
- Background removal
- Format conversion
- Other image processing capabilities
5. User Accounts and Registration
5.1 Account Creation
To access our Services, you must create an account providing accurate and complete information.
5.2 Account Security
You are responsible for maintaining the security of your account credentials and for all activities under your account.
5.3 Account Suspension
We may suspend or terminate your account for violation of these Terms or applicable laws.
6. API Usage and Limitations
6.1 Fair Use
You agree to use our API in accordance with our usage policies and rate limits.
6.2 Prohibited Uses
You may not use our Services to:
- Process illegal, harmful, or offensive content
- Violate third-party intellectual property rights
- Engage in fraudulent or deceptive practices
- Attempt to reverse engineer our Services
- Use our Services for competing services
6.3 Content Restrictions
You must have the right to upload and process any images you submit to our Services.
7. Pricing and Payment
7.1 Fees
Current pricing is available on our website. We may change prices with 30 days’ notice.
7.2 Payment Terms
- Payments are due immediately upon invoice
- All fees are non-refundable except as required by law
- We may suspend Services for non-payment
7.3 Taxes
You are responsible for applicable taxes in your jurisdiction.
8. Intellectual Property
8.1 Your Content
You retain ownership of images you upload. You grant us a temporary license to process your images as necessary to provide the Services.
8.2 Our IP
Our Services, API, and technology are protected by intellectual property laws. You may not copy, modify, or distribute our intellectual property.
9. Data Processing and Privacy
Image processing is subject to our Privacy Policy. Images are processed and deleted in accordance with our data retention policies.
10. Service Availability
10.1 Uptime
We strive for high availability but do not guarantee uninterrupted service.
10.2 Maintenance
We may perform maintenance that temporarily affects service availability.
11. Limitation of Liability
11.1 Service Limitations
Our Services are provided “as is” without warranties of any kind.
11.2 Liability Cap
Our liability is limited to the amount you paid for Services in the 12 months preceding the claim.
11.3 Excluded Damages
We are not liable for indirect, incidental, or consequential damages.
12. Indemnification
You agree to indemnify us against claims arising from your use of our Services or violation of these Terms.
13. Termination
13.1 Termination by You
You may terminate your account at any time by contacting support.
13.2 Termination by Us
We may terminate your account for material breach of these Terms.
13.3 Effect of Termination
Upon termination, your access to Services will cease, and we may delete your account data.
14. Governing Law and Jurisdiction
These Terms are governed by Spanish law. Any disputes will be resolved in Spanish courts, subject to EU consumer protection laws.
15. Consumer Rights (EU)
If you are a consumer in the EU, you have additional rights under EU consumer protection laws, including:
- Right of withdrawal (14 days for certain services)
- Legal warranty rights
- Unfair terms protection
16. Dispute Resolution
16.1 Negotiation
We encourage resolving disputes through direct negotiation.
16.2 Mediation
Disputes may be resolved through mediation before litigation.
16.3 Online Dispute Resolution
EU consumers can use the EU Online Dispute Resolution platform: https://ec.europa.eu/consumers/odr/
17. Force Majeure
We are not liable for delays or failures due to circumstances beyond our reasonable control.
18. Modifications
We may modify these Terms with 30 days’ notice. Continued use constitutes acceptance of modified Terms.
19. Severability
If any provision of these Terms is invalid, the remaining provisions remain in effect.
20. Contact Information
For questions about these Terms:
- Email: legal@pictomancer.ai
- Address: [Spanish registered office address]
For customer support:
- Email: support@pictomancer.ai
These Terms are governed by Spanish law and comply with EU consumer protection regulations.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Translation Interpretation
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
Contact Us
If you have any questions about these Terms and Conditions, You can contact us:
- By email: somecoolemail@domain.com