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Picniq

Terms of Service

Last Updated: November 3, 2025

Welcome to Picniq

Welcome to the Picniq service (the "Service"), operated by Picniq Inc. ("we", "us", "our"). Use of the Service is subject to these Terms of Service. By accessing the website or using the Service, you agree to the terms set forth below.

1. Definitions

"User" or "you" — any person who uses or accesses the Service.

"Photos" — images uploaded by the user to the Service for the purpose of creating professional headshots.

"Final Output" — the headshot images generated by our artificial intelligence technology.

"Account" — a user account created on the website for the purpose of receiving the Service.

2. Eligibility and Account

2.1 Legal Capacity

The Service is intended for individuals aged 18 and older. If you are under 18, you must obtain consent from a parent or legal guardian before using the Service.

2.2 Account Creation

To use the Service, you must create an account and provide accurate personal information. You are responsible for maintaining the confidentiality of your account and password, and for all activity that occurs under your account.

2.3 Identity Verification

We reserve the right to request identity verification in certain cases to ensure compliance with these Terms of Service.

3. Purchases and Payment

3.1 Service Plans

The Service is offered in various plans, as detailed on the website. Prices are listed in US Dollars.

3.2 Payment Methods

Payment is made using accepted credit cards or other payment methods listed on the website. All payments are processed through secure third-party payment services.

3.3 Custom Digital Service

The Service is digital in nature and is created based on photos and personal data uploaded by the user.

3.4 Refund Policy

For full details of our refund policy, eligibility conditions, and process, please see our Refund Policy.

3.5 Technical Issues

In the event of a technical malfunction or issue with receiving your photos, we are committed to providing full support and ensuring you receive the service you ordered.

User Content

User Content Generally

Certain features of the Service may allow users to submit, upload, publish, broadcast, or otherwise transmit ("post") content to the Service, including messages, reviews, photos, files, data, text, and any other works of any kind ("User Content"). All copyright and other proprietary rights in the User Content you upload to the Service remain yours, subject to the licenses granted in these Terms.

Limited License to Picniq

By posting User Content to or through the Service, you grant Picniq Inc. a worldwide, non-exclusive, irrevocable, royalty-free, fully paid-up license (with the right to sublicense through multiple tiers) to host, store, transfer, publicly display, publicly perform, communicate to the public, reproduce, adapt for display purposes, create derivative works as permitted under these Terms, and distribute your User Content, in whole or in part, in any media format and through any media channel, whether now known or hereafter developed. If you upload User Content to the Service, you grant Picniq Inc. the right to use the data, content, and information derived from your User Content, including AI-generated images uploaded or created by the Service, for the purpose of providing and improving the Service and displaying the generated images on the site, in profiles, galleries, or any other promotional medium. However, Picniq Inc. will not use AI-generated images for training algorithms or AI-based creative purposes without prior written consent. You agree that Picniq Inc. may aggregate your data with that of other users for the purpose of providing and improving the Service. All rights you grant under these Terms are provided on a through-to-the-audience basis, meaning that operators of external services will not bear separate liability to you for User Content posted or used on external services through the Service. You agree to pay all sums owed to any person or entity as a result of posting your User Content and Picniq Inc.'s use of this license.

Special Rules for Photos and Images

If you post a photo to the Service that includes one or more individuals, you grant those individuals and their administrators, guardians, heirs, or trustees, if any, an irrevocable, perpetual, royalty-free, worldwide license to reproduce, distribute, and publicly display that photo for personal use and on any online platform, including the Service, Facebook, Instagram, and Twitter, but not for the promotion of any third-party product, goods, or service. This license does not allow the subject of the photo or their representative to sell the photo, either independently or as part of any product.

If you upload a photo or image depicting another person, you represent and warrant that you have obtained all necessary permissions from that person or their legal guardian, if applicable. You may not upload, create, or use images of others without prior authorization.

You Must Own the Rights to the Content You Post

Picniq Inc. disclaims all liability regarding User Content. You are solely responsible for your User Content and any consequences arising from uploading it. By uploading User Content, you represent and warrant that:

  1. You are the creator and owner of the User Content, or you have all necessary licenses, rights, and permissions to allow Picniq Inc. and other users to use it as set forth in these Terms.
  2. Your User Content, and its posting and use as described in these Terms, does not infringe or violate any third-party right, including copyright, trademark, patent, trade secret, moral rights, privacy, or publicity, and does not cause Picniq Inc. to violate any law or pay royalties or sums to third parties.
  3. Your User Content is not offensive, vulgar, pornographic, harassing, threatening, embarrassing, hateful, or inappropriate.

Disclaimer Regarding User Content

Picniq Inc. has no obligation to edit or control User Content and is not responsible for any content. However, Picniq Inc. may at any time and without notice screen, remove, edit, or block any content that violates these Terms, is claimed to infringe rights, or is found inappropriate. You understand that when using the Service you will be exposed to content from various sources and may encounter inaccurate, offensive, or inappropriate content. You waive any claims against Picniq Inc. in connection with such content. If we receive a report that content violates the Terms, we will review and determine at our discretion whether to remove it.

Content Monitoring

Picniq Inc. does not control and is not obligated to monitor User Content, third-party content, or the manner in which users use the Service. You agree that Picniq Inc. may, from time to time, monitor information transmitted or received through the Service for operational or other purposes. If monitoring is performed, Picniq Inc. is not liable for any damage that may result. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy. Picniq Inc. may block, filter, mute, remove, or disable access to any User Content at any time and without liability.

4. Intellectual Property

4.1 Copyright in Uploaded Photos

You represent that the photos you upload to the Service are yours or that you have all necessary permissions to use them. You retain all intellectual property rights in the original photos you uploaded.

4.2 License to the Company

By uploading photos to the Service, you grant us a limited, non-exclusive, royalty-free license to use the photos solely for the purpose of providing the Service, including training and improving our AI models.

4.3 Rights in the Final Output

The final images created by the Service are your property. You may use them for any lawful purpose, including commercial use, without additional payment or approval from us.

4.4 Rights in the Service

All intellectual property rights in the website, the Service, the technology, the user interface, the content, and the design are our exclusive property. These materials may not be used without our express written consent.

5. Prohibited Uses and Restrictions

5.1 Prohibited Uses

You may not use the Service for:

  • Uploading photos of others without their explicit consent
  • Creating offensive, racist, sexually explicit, or illegal images
  • Photos of minors under the age of 18
  • Images that infringe the intellectual property rights of any third party
  • Images for the purpose of misrepresentation, forgery, or deception
  • Any use that could harm or endanger the rights of others

5.2 Prohibition on Malicious Use

You may not use the Service to:

  • Hack or attempt unauthorized access to our systems
  • Upload viruses, malware, or any other harmful code
  • Disrupt the operation of the Service or overload the servers
  • Collect information about other users
  • Use the Service through automated bots or scripts

5.3 Consequences of Violation

In the event of a violation of these Terms of Service, we reserve the right to:

  • Suspend or terminate your account
  • Delete uploaded photos
  • Prevent access to the Service
  • Take legal action

6. Privacy and Data Protection

Your use of personal information is subject to our Privacy Policy. We recommend reading the Privacy Policy to understand how your information is collected, stored, and used.

7. Data Security

7.1 Our Responsibility

We take reasonable security measures to protect your information and photos. However, no system is entirely immune, and we cannot guarantee absolute security.

7.2 Your Responsibility

You are responsible for maintaining the security of your account, including keeping your password confidential. You must notify us immediately if you suspect unauthorized use of your account.

8. Data Deletion

8.1 User Photos

Photos you uploaded to the Service will be automatically deleted within 30 days of the final images being created, unless you request otherwise.

8.2 Deletion Request

You may request deletion of all your information and photos at any time by contacting us. Deletion will be completed within 30 days.

9. Limitation of Liability

9.1 Quality of Output

We will make reasonable efforts to provide high-quality images. However, AI results may vary, and we cannot guarantee that the results will fully meet your expectations.

9.2 General Limitation of Liability

To the maximum extent permitted by law, we shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising from:

  • Use of the Service or inability to use the Service
  • Unauthorized access to your information
  • Errors or inaccuracies in the Final Output
  • Content or conduct of other users

9.3 Limited Liability

Our maximum aggregate liability shall be limited to the amount paid by you for the Service in the 12 months preceding the harmful event.

10. Indemnification

You agree to indemnify us, our employees, officers, and partners against any claim, loss, damage, liability, and expense (including attorneys' fees) arising from:

  • Your violation of these Terms of Service
  • Your infringement of any third-party rights
  • Misuse of the Service
  • Photos you uploaded to the Service

11. Service Availability

11.1 General Availability

We will make reasonable efforts to provide the Service continuously. However, the Service may be unavailable from time to time due to maintenance, updates, or circumstances beyond our control.

11.2 Service Discontinuation

We may discontinue or modify the Service at any time, with reasonable prior notice, unless such notice is not possible for technical or legal reasons.

12. Changes to Terms of Service

We may modify these Terms of Service at any time. Material changes will be communicated via notice on the website or by email. Continued use of the Service after the change constitutes acceptance of the updated terms.

13. Intellectual Property Infringement

If you believe that an image or content on the website infringes your intellectual property rights, please contact:

Picniq Inc. Email: hello@picniq.ai

14. Governing Law and Jurisdiction

14.1 Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

14.2 Jurisdiction

The exclusive jurisdiction for any dispute arising from these Terms of Service or the use of the Service shall be vested in the federal and state courts located in the State of Delaware, United States.

14.3 Dispute Resolution

We encourage you to try to resolve any dispute amicably before resorting to legal proceedings. You may contact us at any time to resolve issues.

15. General Provisions

15.1 No Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

15.2 Severability

If any provision of these Terms of Service is found to be illegal or unenforceable, the remaining provisions shall remain in full force and effect.

15.3 Assignment

You may not assign your rights and obligations under these Terms of Service without our written consent. We may assign our rights and obligations at any time.

15.4 Entire Agreement

These Terms of Service, together with the Privacy Policy, constitute the entire agreement between the parties and supersede any prior agreement or understanding.

16. Contact Us

For any questions or inquiries regarding these Terms of Service, you may contact:

Picniq Inc. Email: hello@picniq.ai

Last Updated: November 3, 2025 Version: 1.0