Terms of Service

Last updated: January 1st, 2024

Please read these Terms of Use ("Terms of Use", "Terms'', "Terms and Conditions") carefully before using the Application Services operated by PICSALT ("us", "we", or "our"). The "Application Services'' (the "Service") shall mean the app and programming interfaces under 'PICSALT'. A "Subscription(s)" shall mean a specified pricing plan and term length with associated features, functionality and volume tiers for the Application Services purchased by Customer.

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

Data

PICSALT does not store your data in any form whatsoever anywhere, and nor is it used to train our ML model in any form or way. We do upload it to our server to run the Machine Learning model on it to return the result, but it is not saved or is reproducable.

Subscriptions

The usage of the app is billed on a subscription basis. You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set on a weekly basis or Life-time access.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it. You may cancel your Subscription renewal at any time either through your App Store or Play Store. A valid payment method, including credit card, is required to process the payment for your Subscription.

Refunds

PICSALT does not handle refunds for subscriptions as it is entirely dependent on App Store and Play Store policy.

Links To Other Websites

Our Service may contain links to third party web sites or services that are not owned or controlled by PICSALT.

PICSALT has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites. You acknowledge and agree that PICSALT shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

Indemnification

You agree to defend, indemnify and hold harmless PICSALT and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.

PICSALT shall hold Customer harmless from liability to third parties resulting from infringement by the Service of any United States patent or any copyright or misappropriation of any trade secret, provided PICSALT is promptly notified of any and all threats, claims and proceedings related thereto and given reasonable assistance and the opportunity to assume sole control over defense and settlement; PICSALT will not be responsible for any settlement it does not approve in writing. The foregoing obligations do not apply with respect to portions or components of the Service
(i) not supplied by PICSALT,
(ii) made in whole or in part in accordance with Customer specifications,
(iii) that are modified after delivery,
(iv) combined with other products, processes or materials where the alleged infringement relates to such combination,
(v) where Customer continues allegedly infringing activity after being notified thereof or after being informed of modifications that would have avoided the alleged infringement, or
(vi) where Customer’s use of the Service is not strictly in accordance with this Agreement. If, due to a claim of infringement, the Services are held by a court of competent jurisdiction to be or are believed by PICSALT to be infringing, PICSALT may, at its option and expense
(a) replace or modify the Service to be non-infringing provided that such modification or replacement contains substantially similar features and functionality,
(b) obtain for Customer a license to continue using the Service, or
(c) if neither of the foregoing is commercially practicable, terminate this Agreement and Customer’s rights hereunder.

Limitation Of Liability

In no event shall PICSALT nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from
(i) your access to or use of or inability to access or use the Service;
(ii) any conduct or content of any third party on the Service;
(iii) any content obtained from the Service; and
(iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
PICSALT, its subsidiaries, affiliates, and its licensors do not warrant that
a) the Service will function uninterrupted, secure or available at any particular time or location;
b) any errors or defects will be corrected;
c) the Service is free of viruses or other harmful components; or
d) the results of using the Service will meet your requirements.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 7 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 any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.