Terms of Service

Last updated: 2026-06-16

These Terms of Service ("Terms") are a binding agreement between you and Pictage.ai Inc. ("Pictage", "we", "us", or "our") and govern your access to and use of pictage and its websites, applications, and APIs (the "Service"), reachable at https://pictage.ai and https://pictage.com.

By accessing or using the Service, or by clicking to accept, you agree to these Terms. If you do not agree, do not use the Service. If you use the Service on behalf of a business, you represent that you are authorized to bind that business, and "you" includes that business.

1. Eligibility

You must be at least 18 years old, or the age of majority in your jurisdiction if greater, to use the Service. By using the Service you represent that you meet this requirement and are not barred from using it under any applicable law.

2. Beta / evaluation service

The Service is currently offered on a beta, evaluation, and "as available" basis and is under active development. Features may change, be added, be removed, or stop working without notice; the Service may be unavailable; and data may be lost or corrupted. You should keep your own independent copies of any content and outputs you care about, and you must not rely on the Service as the sole repository of, or system of record for, your work. We may discontinue the Service, in whole or in part, at any time.

3. Account registration

To access certain features you must create an account. You agree to provide accurate, current, and complete information; keep your authentication credentials secure; be responsible for all activity under your account; and notify us promptly at support@pictage.ai of any unauthorized access. You are responsible for any third party you invite to, or to whom you grant access through, your account, including clients who view galleries you publish.

4. Acceptable use

You agree NOT to:

• Use the Service for any unlawful purpose or in violation of any applicable law;
• Upload, store, or process any content that you do not have all necessary rights and permissions to upload, store, and process (see Section 7);
• Upload content that is unlawful, infringing, or defamatory, or that depicts a person without the consents required by Sections 7 and 8;
• Upload, store, publish, process, or transmit full nudity, sexually explicit content, pornography, sexual acts, sexualized minors, or exploitative content. Clothed boudoir, maternity, fitness, swimwear, portrait, and fine-art photography are allowed only when they are not explicit;
• Attempt to access, probe, or scan any system or network we operate, or circumvent any access control or usage limit;
• Reverse-engineer, decompile, or attempt to extract the source code of the Service, except to the extent this restriction is prohibited by law;
• Use the Service or its outputs to build a competing product or to train a machine-learning model;
• Send spam, malware, or harmful content; impersonate any person or misrepresent your affiliation; or interfere with or disrupt the Service.

5. Subscriptions and payment

Some features require a paid subscription. Pricing, billing cycles, usage limits, fair-use caps, and refund policies are disclosed at the time of purchase or in your account settings. By subscribing you authorize us and our payment processor (Stripe) to charge your payment method on a recurring basis until you cancel. You may cancel at any time in your account settings; cancellation takes effect at the end of the current billing period, and we do not pro-rate partial periods. Fees are exclusive of taxes, which you are responsible for. We may change pricing prospectively on notice.

You are responsible for all charges and usage incurred through your account, including storage, uploads, AI processing, automated actions, team-member activity, client-facing activity, metered usage, optional add-ons, third-party provider charges, print or lab charges, and any overages or pass-through costs disclosed to you. We may apply quotas, rate limits, spending caps, fair-use limits, or feature pauses to control operational cost, prevent abuse, protect sender reputation, or avoid unexpected charges. We may suspend or throttle expensive features, including Google, Anthropic, or other AI-backed workflows, if usage is abusive, unpaid, technically unsafe, outside plan limits, or likely to create material third-party costs.

6. Your Content: ownership and license to us

As between you and us, you retain all rights you hold in the content you submit to the Service, including photographs and images ("Your Content"). We claim no ownership of Your Content.

You grant us a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, copy, transmit, reformat, create derivative files of (for example, thumbnails and other resized or optimized variants), analyze by automated means, and display Your Content, in each case as reasonably necessary to operate, provide, secure, and improve the Service for you. This includes transmitting Your Content to the third-party infrastructure and AI sub-processors described in Section 10 and in our Privacy Policy, and displaying Your Content to the people you choose to share it with, such as clients who view a gallery you publish. This license exists only to run the Service for you and ends when Your Content is deleted from the Service, except for residual copies retained in routine backups or as required by law.

The Service itself, including all software, models, designs, text, and other materials not submitted by you, is owned by Pictage or its licensors and protected by intellectual-property laws. If you send us feedback or suggestions, you grant us a perpetual, irrevocable, royalty-free license to use them without obligation to you.

7. Your Content: your representations and warranties

You represent and warrant, for all of Your Content, that:

• You own Your Content or have obtained all rights, licenses, consents, and permissions necessary to upload it and to authorize the processing described in these Terms, including processing by automated systems and by third-party sub-processors located in the United States and elsewhere;
• For any identifiable individual depicted in Your Content (including your clients, their guests, and any models), you have obtained all consents and releases required to capture that content and to have it hosted, processed by automated and AI systems, transmitted to our sub-processors, and displayed through the Service;
• Your Content and your use of the Service comply with all applicable laws, including intellectual-property, privacy, data-protection, biometric-privacy, and publicity/likeness laws;
• Your Content does not infringe or violate any third party's rights.

You are solely responsible for Your Content and for obtaining and maintaining these rights and consents. We are not obligated to, and do not, verify that you hold them.

8. Photos of other people; data-protection roles

Many users are photographers who upload images of their own clients and other individuals. Where Your Content includes the personal data of such individuals, you act as the controller (or business) of that personal data and we act as your processor (or service provider), processing it on your documented instructions to provide the Service. You are responsible for establishing a lawful basis for the processing, for providing any required notices to and obtaining any required consents from those individuals, and for honoring their data-protection rights. You will not use the Service to perform facial recognition or other biometric identification of individuals; you acknowledge that the Service's AI features (such as culling and captioning) rate and describe images and do not perform identity matching. If a separate data-processing addendum is required for your use, contact us at support@pictage.ai.

9. AI features and automated outputs

The Service uses its own and third-party AI providers (such as Anthropic, Google, OpenAI, and other model or image-processing providers) to generate suggestions and outputs from your inputs, including image culling, ratings, captions, retouching, enhancement, and drafted text. You acknowledge and agree that:

• AI outputs are automated suggestions only, not professional, editorial, or human judgment, and may be inaccurate, incomplete, biased, or unsuitable;
• No output that produces a legal or similarly significant effect is made solely by automated means without a meaningful opportunity for your human review; you remain the decision-maker;
• You are solely responsible for reviewing outputs before relying on, publishing, deleting, or delivering anything based on them, including any photograph an AI marks as a keeper or a reject;
• AI outputs are provided "as is" without warranty of any kind, and we are not liable for actions you take in reliance on them.
• AI features may be subject to provider availability, model changes, usage caps, credit limits, additional fees, metered charges, and temporary disabling when we need to protect the Service, control cost, or comply with provider terms.

We do not use Your Content to train AI models without your explicit opt-in. The inputs we send to third-party AI providers may be retained by those providers for up to 30 days for abuse monitoring, safety, and security before deletion, and are not used to train their models. We do not operate these providers under zero-retention terms. The current provider list and controls are described in our Privacy Policy and AI provider policy.

10. Third-party services and sub-processors

The Service is built on third-party infrastructure and tools that act as our sub-processors, currently including hosting, storage, and database providers (such as Supabase, Vercel, and Cloudflare), AI providers (such as Anthropic, Google, OpenAI, and similar providers), a payment processor (Stripe), and an email provider (Resend). To use the Service you authorize us to transmit Your Content and related data to these providers as needed to provide the Service. A current description is maintained in our Privacy Policy. Your use of a feature powered by a third party may also be subject to that third party's terms.

Third-party providers may change pricing, limits, availability, models, APIs, policies, or terms. We are not responsible for third-party outages, delays, pricing changes, account holds, review decisions, provider-side data handling, print-lab production issues, shipping issues, or downstream service interruptions, except to the extent required by law.

11. Copyright and takedown

We respect intellectual-property rights and expect you to do the same. If you believe content on the Service infringes your copyright, send a notice to support@pictage.ai that includes: identification of the work; identification and location (URL) of the allegedly infringing material; your contact information; a statement that you have a good-faith belief the use is not authorized; a statement, under penalty of perjury, that the information is accurate and that you are authorized to act; and your physical or electronic signature. We may remove allegedly infringing content and terminate the accounts of repeat infringers.

12. Privacy

Your use of the Service is also governed by our Privacy Policy at https://pictage.ai/privacy, which describes what personal data we collect, how we use it, and the sub-processors we rely on. The Privacy Policy is incorporated into these Terms by reference.

13. Termination

You may stop using the Service and delete your account at any time. We may suspend or terminate your access at any time, with or without notice, for any reason, including violation of these Terms, unpaid fees, excessive usage, risk of third-party charges, or to protect the Service or others. Except where prohibited (for example, certain violations, legal requirements, or risk to the Service), we will use commercially reasonable efforts to give you a reasonable opportunity to export Your Content before deleting it. We may remove abandoned, failed, duplicate, or incomplete uploads and generated derivatives after notice where practical, especially when they create storage, security, or operational risk. Upon termination your right to use the Service ceases immediately. Sections 6, 7, 8, 9, 11, 14, 15, 16, and 17 survive termination.

14. Disclaimers

THE SERVICE, INCLUDING ALL AI OUTPUTS AND ALL BETA OR EVALUATION FEATURES, IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE FROM DATA LOSS, OR THAT ANY AI OUTPUT WILL BE ACCURATE OR RELIABLE. NO ADVICE OR INFORMATION OBTAINED FROM THE SERVICE CREATES ANY WARRANTY NOT EXPRESSLY STATED HERE.

15. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PICTAGE AND ITS OFFICERS, EMPLOYEES, AND SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUES, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR (B) USD $100. THESE LIMITS DO NOT APPLY TO LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW. THE ALLOCATION OF RISK IN THESE TERMS IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN US.

16. Indemnification

You agree to defend, indemnify, and hold harmless Pictage and its officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) Your Content, including any claim that Your Content infringes or misappropriates a third party's intellectual-property rights; (b) your failure to obtain or maintain the rights, consents, or releases required by Sections 7 and 8, including from individuals depicted in Your Content; (c) your violation of any privacy, data-protection, biometric, or publicity/likeness law; (d) your breach of these Terms or violation of any law or third-party right; and (e) your relationship or dealings with your own clients or other end viewers. We may assume the exclusive defense of any matter subject to indemnification, in which case you will cooperate with us.

17. Governing law, disputes, and waivers

These Terms are governed by the laws of the Commonwealth of Pennsylvania, United States, without regard to conflict-of-law rules. Before filing any claim, the parties will try in good faith to resolve it informally by contacting support@pictage.ai and allowing 30 days. Any unresolved dispute will be brought exclusively in the state or federal courts located in Pennsylvania, and you consent to personal jurisdiction there. TO THE EXTENT PERMITTED BY LAW, EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL, AND CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEEDING. Any claim must be filed within one year after it arises, to the extent permitted by law.

18. Changes to these Terms

We may modify these Terms. Material changes will be communicated via the Service or by email at least 14 days before they take effect, or as otherwise required by law. Continued use of the Service after changes take effect constitutes acceptance. If you do not agree to a change, stop using the Service.

19. Contact

Questions about these Terms? Email support@pictage.ai.