Terms & Conditions

Thank you for using Pfpicmaker's character and image generation services
(the "Services"). These Terms of Service (the "Agreement") spell out what rights you have with respect to the Service generated images, and other assets, which you generate (the "Assets"), your use of the Services, and other important topics like arbitration. Please read it carefully. We have a privacy policy which outlines how we handle your data. This Agreement is entered into by Pfpicmaker and the entity or person agreeing to these terms ("Customer") and govern Customer's access to and use of the Services.

This Agreement is effective when the Customer is presented with this Agreement and proceeds to use the Services (the "Effective Date") or to receive or distribute Assets. These terms may be updated and presented again to the Customer from time to time. Continued use of the Services constitutes acceptance of the updated terms. If you do not agree to the Agreement, please stop using the Services.

Other documents referenced here may also bind Customer's use of this Services

Service Availablility and Quality

We continuously evolve the Services to enhance your experience. The Services may undergo modifications, including changes in art style, algorithms, and features. No guarantees are made regarding the quality, stability, uptime, or reliability of the Services. We will not be liable for any harm caused by dependency on the Services. Please do not create any dependencies on any attributes of the Services or the Assets. We will not be liable to you or your downstream customers for any harm caused by your dependency on the Service.

Both the Services and the Assets are provided to Customer on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using or redistributing the Assets and assume any risks associated with use of the Services.

Pfpicmaker reserves the right to suspend or ban your access to the Services at any time, and for any reason. You may not use the Services for competitive research. You may not reverse engineer the Services or the Assets. You may not use automated tools to access, interact with, or generate Assets through the Services. Only one user may use the Services per registered account. Each user of the Services may only have one account. We reserve the right to investigate complaints or reported violations of our Terms of Service and to take any action we deem appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.

Age Requirements

By accessing the Services, you confirm that you meet the minimum age requirements specified in your country. If you are under the age of digital consent, your parent or guardian must agree to these Terms on your behalf. Please ask your parent or guardian to read these terms with you. If you're a parent or legal guardian, and you allow your teenager to use the Services, then these terms also apply to you and you are responsible for your teenager's activity on the Services.

Your information

By using the Services, you may provide Pfpicmaker with personal information like your email address, user name, billing information, favorites, image outputs, and text prompts that you enter, or sample images that you upload to the Service. Our policy outlining what we do with your personal information, and the rights you have with respect to your personal information, can be found. Both parties agree to comply with all applicable data protection laws. To the extent the parties need to enter into additional terms regarding data privacy or data transfers the parties will work together in good faith to enter into such terms.

Copyright and Trademark

To the extent allowed by law and as between you and Pfpicmaker, you own your Uploads, and you agree that Pfpicmaker owns all Generations, and you hereby make any necessary assignments for this. Pfpicmaker grants you the exclusive rights to reproduce and display such Generations and will not resell Generations that you have created, use Generations in any way, or assert any copyright in such Generations against you or your end users, all provided that you comply with these terms and our Content Policy. If you violate our terms or Content Policy, you will lose rights to use Generations, but we will provide you written notice and a reasonable opportunity to fix your violation, unless it was clearly illegal or abusive. You understand and acknowledge that similar or identical Generations may be created by other people using their own Prompts, and your rights are only to the specific Generation that you have created.

Ownership

• Customer Ownership: This clause ensures that users retain full ownership of the content they upload, store, or transmit through your platform, providing clarity on ownership rights.
• Non-Usage Without Explicit Consent: This emphasizes your commitment to respecting user privacy and ensures that their data will not be used, sold, rented, or exploited without their explicit consent, providing assurance regarding data privacy.
• Consent for Specific Purposes: This outlines situations where explicit consent may be requested for specific purposes, ensuring transparency and allowing users to control how their data is used.
• Limited Data Processing: This clause clarifies that data processing will be limited to providing services to the user, including storage, retrieval, backup, and analysis, in compliance with applicable privacy laws and regulations.
• Data Security Measures: This highlights the security measures in place to protect user data from unauthorized access, disclosure, alteration, or destruction, while acknowledging the inherent limitations of internet transmission and electronic storage security.
• Data Deletion: This specifies the procedures for data deletion, including automatic deletion after a certain period, user-initiated deletion upon request or account termination, and the potential retention of residual copies in backup systems, subject to legal obligations and technical limitations.

Payment & Billing

We may invoice you for your use of the Services through a third party payment service provider. The third party service provider's terms of service shall govern and supersede this Agreement in case of conflict. You are free to cancel your plan at any time. We also reserve the right to terminate your access to the Service for any reason, for violation of the Terms & Conditions or other inappropriate use of the Service. Upon cancellation or termination, any outstanding usage fees will be charged immediately. You will not be refunded for the current pay period, but you will stop being charging after the current pay period has ended.

Limitation of Liability and Indemnity

We provide the service as is, and we make no promises or guarantees about it. You understand and agree that we will not be liable to you or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential or exemplary damages, however they arise. You are responsible for your use of the service. If you harm someone else or get into a dispute with someone else, we will not be involved. If you knowingly infringe someone else's intellectual property, and that costs us money, we're going to come find you and collect that money from you. We might also do other stuff, like try to get a court to make you pay our attorney's fees. Don't do it.