Terms and Conditions | Picturalia

1. Acceptance of Terms

By accessing and using Picturalia, you agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any term, you should not use the service.

2. Service Description

Picturalia provides artificial intelligence tools (Google Gemini) to transform images through predefined artistic styles. The service is provided "AS IS" without warranties of any kind. We reserve the right to modify, suspend, or discontinue the service at any time without prior notice.

3. User Accounts

You are responsible for: (a) Maintaining the confidentiality of your account and password; (b) All activities conducted under your account; (c) Immediately notifying us of any unauthorized use; (d) Providing truthful and updated information. We reserve the right to suspend or delete accounts that violate these terms.

4. User Content and Licenses

You retain all intellectual property rights to your original images. By uploading them to Picturalia, you grant us a worldwide, non-exclusive, royalty-free, and transferable license to: (a) Process images through AI and generate transformations; (b) Temporarily store images on our servers; (c) Display transformations in your private gallery. This license ends when you delete the content or your account. We do NOT use your images to train AI models nor share them with third parties, except with processing providers (Google Gemini) strictly necessary for the service.

5. Intellectual Property and User Responsibility

By using the service, you DECLARE AND WARRANT that: (a) You are the legitimate owner of uploaded images or have authorization to use them; (b) Images and generated transformations do NOT infringe copyrights, trademarks, image rights, or intellectual property of third parties; (c) You have consent from photographed individuals (especially minors); (d) You will NOT generate content based on protected characters, brands, or properties (e.g., Pokemon, Disney, Simpson, etc.) without corresponding licenses. YOU ARE SOLELY RESPONSIBLE for generated content and its subsequent use.

6. Prohibited Use

It is PROHIBITED to use the service to: (a) Generate illegal, obscene, defamatory, harassing, or hate-inciting content; (b) Infringe intellectual property rights, trademarks, or image rights of third parties; (c) Generate deepfakes or misleading content with intent to harm; (d) Impersonate identities without consent; (e) Violate third-party privacy; (f) Resell or redistribute the service without authorization; (g) Reverse engineer, modify, or hack the service; (h) Overload or interfere with service infrastructure.

7. Warning About Trademarks and Copyright

⚠️ LEGAL WARNING: Generating images based on characters, logos, brands, or intellectual properties of third parties (such as movie characters, video games, series, etc.) may constitute COPYRIGHT INFRINGEMENT or TRADEMARK VIOLATIONS. Picturalia does NOT authorize nor is responsible for this type of generation. It is the USER'S EXCLUSIVE RESPONSIBILITY to: (1) Verify the legality of generated content; (2) Obtain necessary licenses for commercial use; (3) Comply with applicable intellectual property laws in their jurisdiction.

8. Personal Use vs Commercial Use

The service is designed for PERSONAL USE. If you wish to use transformations for commercial purposes (sale, advertising, merchandising, etc.), it is YOUR RESPONSIBILITY to: (a) Verify you are not infringing third-party rights; (b) Obtain all necessary licenses and permissions; (c) Comply with applicable copyright and trademark laws. Picturalia does NOT grant commercial licenses nor guarantees that generated content is legal for commercial use.

9. Limitation of Liability

Picturalia is NOT responsible for: (a) Third-party claims for copyright infringement, trademarks, patents, or intellectual property; (b) Direct, indirect, incidental, consequential, or punitive losses or damages arising from service use; (c) Inaccuracies, errors, or failures in AI-generated transformations; (d) Loss of data, images, or content; (e) Interruptions, suspensions, or technical failures of the service; (f) Legal actions against the user for misuse of generated content; (g) Unauthorized use of your account by third parties. OUR MAXIMUM LIABILITY IS LIMITED TO THE AMOUNT PAID FOR THE SERVICE IN THE LAST 12 MONTHS.

10. Indemnification

You agree to INDEMNIFY, DEFEND, AND HOLD HARMLESS Picturalia, its officers, employees, and providers against any claim, demand, loss, damage, penalty, cost, or expense (including legal fees) arising from: (a) Your use of the service; (b) Violation of these Terms; (c) Infringement of third-party rights (copyright, trademarks, privacy, etc.); (d) Generated content and its subsequent use; (e) Non-compliance with applicable laws.

11. Credits and Payments

The service operates through prepaid credits. (a) Credits are NON-REFUNDABLE once purchased; (b) They expire according to the contracted plan; (c) They CANNOT be transferred between accounts; (d) Prices may be modified with prior notice; (e) Payments are processed through Stripe (PCI-DSS certified); (f) We reserve rights to suspend service for non-payment or fraud.

12. Content Moderation and Removal

We reserve the right to: (a) Review and moderate generated content; (b) Remove content we consider infringing, illegal, or inappropriate WITHOUT PRIOR NOTICE; (c) Suspend or delete accounts that violate these terms (3-strike system); (d) Cooperate with authorities in legal investigations; (e) Retain records of deleted content for legal purposes. Content removal does NOT imply credit refund.

13. Picturalia Intellectual Property

All rights to the website, design, source code, AI prompts, "Picturalia" brand, logo, and materials belong to Picturalia. It is prohibited to copy, modify, distribute, or create derivative works without written authorization.

14. Safe Harbor / Technical Service Provider

Picturalia acts as a TECHNICAL TOOLS PROVIDER (intermediary) under the "safe harbor" regime of DMCA and E-Commerce Directive (EU). We are NOT responsible for user-generated content. If we receive a DMCA notice or infringement claim, we will immediately remove the content and notify the user. Repeat offenders will be suspended.

15. DMCA Notices / Copyright Infringement

If you believe your work is being infringed, send a DMCA notice to: hello@picturalia.com with: (a) Identification of the protected work; (b) URL of infringing content; (c) Your contact details; (d) Good faith statement; (e) Electronic signature. We will respond within 24-48 hours and remove content if appropriate.

16. Applicable Law and Jurisdiction

These Terms are governed by the laws of Spain. Any dispute will be submitted to the courts of Madrid, Spain, waiving any other jurisdiction that might apply. EU users retain consumer rights under their national legislation.

17. Terms Modifications

We may modify these Terms at any time. Substantial changes will be notified by email with 30 days' notice. Continued use of the service after modifications implies acceptance. If you do not agree, you must stop using the service.

18. Severability and Waiver

If any clause is declared invalid, the others will remain in force. Non-enforcement of any right does NOT constitute waiver. These Terms constitute the complete agreement between the parties.

19. Contact

For inquiries about these Terms: hello@picturalia.com - Subject: "Terms of Service". We will respond within a maximum of 5 business days.