Terms of Service
Last Updated: 1 January 2025
These Terms & Conditions (“Terms”) govern your use of the Picjam platform, including any services, applications, websites, or tools (collectively, “Picjam” or the “Service”) operated by Picjam, Inc. (“Picjam,” “we,” “us,” or “our”). By accessing, registering for, subscribing to, or otherwise using Picjam, you agree to be bound by these Terms and to comply with all applicable laws and regulations. If you do not agree to these Terms, you are prohibited from using Picjam.
1. Scope of Service
Picjam is an AI-driven platform designed to assist merchants, businesses, and individual users (“you” or “User”) in generating high-quality product images and marketing visuals using AI-powered tools, including (but not limited to) fashion image generation, background removal, and photo clean-up functionality.
2. Eligibility & Account Registration
2.1 Eligibility:
You must be at least 16 years old, or the age of majority in your jurisdiction if older, to use Picjam. By accessing the Service, you represent and warrant that you are eligible to form a legally binding contract and that your use of the Service does not violate any applicable laws or regulations.
2.2 Account Information:
To access certain features, you may be required to register for an account. You must provide truthful, accurate, current, and complete information and keep this information updated. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
2.3 Account Security:
You agree to notify us immediately of any unauthorized use of your account. Picjam will not be liable for any losses arising from unauthorized use of your account.
3. License & Restrictions on Use
3.1 Limited License:
Subject to your compliance with these Terms, Picjam grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business or personal purposes in accordance with these Terms.
3.2 Prohibited Activities:
You agree not to:
• Copy, modify, distribute, transmit, publicly display, publicly perform, reproduce, publish, license, create derivative works from, or sell any materials, code, data, or content provided through Picjam, except as expressly authorized.
• Decompile, reverse engineer, disassemble, or attempt to discover any source code or algorithms of Picjam.
• Remove, alter, or obscure any copyright, trademark, or other proprietary notices from materials on Picjam.
• Use Picjam for any unlawful, harmful, fraudulent, defamatory, pornographic, obscene, hateful, or otherwise objectionable purposes, including but not limited to generating images that depict illegal activities, explicit sexual content, violence, hate speech, or any other content that violates applicable laws, third-party rights, or these Terms.
• Use automated systems or software to extract data from Picjam (“screen scraping”).
• “Mirror” or “frame” any portion of the Service without Picjam’s explicit written permission.
3.3 Termination of License:
Your license to use Picjam terminates automatically if you violate these Terms. Picjam may also terminate this license at any time at its sole discretion. Upon termination, you must cease all use of Picjam and destroy any materials obtained from it.
4. User-Generated Content & Responsibilities
4.1 User Responsibility for Content:
You acknowledge and agree that you are solely responsible and liable for any images, graphics, photos, text, or other materials (“User Content”) you create, upload, generate, modify, or otherwise produce using Picjam. This includes but is not limited to ensuring that the User Content:
• Does not infringe upon any intellectual property rights, privacy rights, or other rights of any third party.
• Does not violate any applicable laws or regulations.
• Complies with all acceptable use policies or content guidelines that Picjam may publish from time to time.
4.2 No Inappropriate Content:
You agree not to create, generate, or upload any content that is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, sexually explicit, hateful, racially, ethnically, or otherwise objectionable, or that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law or regulation.
4.3 Rights in User Content:
By using Picjam to generate User Content, you represent and warrant that you have all necessary rights, consents, and permissions to use, display, and distribute such User Content. You retain ownership of any lawful User Content you create. Picjam does not claim ownership of your User Content.
4.4 Monitoring & Enforcement:
Picjam reserves the right, but has no obligation, to monitor User Content and remove any content it deems, in its sole discretion, to be in violation of these Terms or otherwise objectionable. Picjam may suspend or terminate accounts associated with such content without prior notice.
5. Intellectual Property Rights
5.1 Picjam Materials:
All materials provided on Picjam, including but not limited to text, images, code, software, trademarks, logos, and service marks (collectively “Picjam Materials”) are the property of Picjam or its licensors and are protected by applicable intellectual property laws. Your use of any Picjam Materials is subject to the limited license granted under these Terms.
5.2 Feedback:
Any suggestions, ideas, or feedback you provide regarding Picjam are non-confidential and become the sole property of Picjam without any obligation to compensate you.
6. Fees & Refund Policy
6.1 Fees:
Certain features of Picjam may require payment. All fees, payment terms, and subscription details are described at the point of purchase. You agree to pay all applicable fees for the services selected by you.
6.2 No Refunds:
Due to the expenses associated with developing AI models and generating AI-based images, and due to the policies of our upstream providers, no refunds are available. Your subscription will continue until the end of the current billing cycle after cancellation.
7. Disclaimers
7.1 “As Is” Basis:
Picjam and all services and materials are provided on an “as is” and “as available” basis without warranties of any kind, either expressed or implied.
7.2 No Warranties:
To the fullest extent permitted by law, Picjam disclaims all warranties, expressed or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, or accuracy of information. Picjam does not guarantee that the Service will meet your requirements, be error-free, timely, secure, or produce accurate results.
8. Limitations of Liability
8.1 No Liability for Certain Damages:
To the maximum extent permitted by law, in no event shall Picjam, its affiliates, employees, agents, licensors, or suppliers be liable for any indirect, incidental, consequential, special, or punitive damages (including loss of data, revenue, or profit), arising out of or related to your use or inability to use Picjam, even if Picjam has been advised of the possibility of such damages.
8.2 Cap on Liability:
In jurisdictions where limitations of liability are permitted, Picjam’s total liability to you for any claims arising under these Terms or your use of the Service is limited to the amount you paid us for the specific service giving rise to the claim during the six (6) months preceding the claim.
9. Indemnification
You agree to indemnify, defend, and hold harmless Picjam, its affiliates, employees, agents, licensors, and suppliers from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorney fees) arising out of or in connection with:
• Your use of Picjam, including the creation of any User Content.
• Any breach by you of these Terms, including but not limited to violations of intellectual property or privacy rights.
• Any claims that your User Content or your use of the Service caused harm to a third party.
10. External Links & Third-Party Services
Picjam may contain links to third-party websites or services that are not owned or controlled by Picjam. We do not endorse or assume any responsibility for these third-party sites, their content, or their practices. Your use of such third-party services is at your own risk.
11. Modifications to Terms
We may revise these Terms at any time by posting the updated Terms on our website or platform, and the revised Terms will be effective upon posting. Your continued use of Picjam after any changes signifies your acceptance of the updated Terms. If you do not agree with the revised Terms, you must stop using the Service.
12. Governing Law & Jurisdiction
These Terms and any disputes arising out of or related to them shall be governed by and construed in accordance with the laws of Victoria, Australia, without regard to its conflict of law principles. You irrevocably submit to the exclusive jurisdiction of the courts located in Victoria, Australia for the resolution of any disputes.
13. Severability & Waiver
If any provision of these Terms is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect. No waiver of any term or condition shall be a further or continuing waiver of such term or any other term.
14. Entire Agreement
These Terms, together with our Privacy Policy, and any other legal notices published by Picjam, constitute the entire agreement between you and Picjam concerning your use of the Service, and supersede all prior understandings or agreements, written or oral.
15. Contact Information
If you have any questions or concerns about these Terms, please contact us at:
Email: support@picjam.ai
Address: 77 Argyle St, Fitzroy, 3065, VIC
By creating an account, accessing, or using Picjam, you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions.
END OF TERMS & CONDITIONS
Privacy policy
Last Updated: 1 January 2025
Picjam, Inc. (“Picjam,” “we,” “us,” or “our”) is committed to protecting your privacy. This Privacy Policy explains how we collect, use, store, disclose, and safeguard your personal information when you use our mobile application, website, and associated services (collectively, “Picjam” or the “Service”). By accessing or using Picjam, you acknowledge that you have read, understood, and agree to the terms of this Privacy Policy. If you do not agree, you must discontinue using our Service.
1. Information We Collect
1.1 Personal Information
We may ask you for certain personally identifiable information (“Personal Information”) that can be used to identify you as an individual, including but not limited to:
• Name
• Email address
• Social media profile information
• Phone/mobile number
• Mailing address or work address
• Payment information (such as credit card details)
• Other identifying details that you choose to provide
1.2 Device and Log Data
When you use Picjam, our servers may automatically collect standard technical information (“Log Data”) sent by your browser or device. This may include:
• Your device’s IP address
• Device type and version
• Operating system and browser type/version
• The pages or screens you view on Picjam
• The time and date of your visits, and the time spent on those pages or screens
• Error reports, diagnostic information, and crash logs related to your use of the Service
1.3 Device Tools and Media Access
Our app may access certain features or tools on your device, such as:
• Camera and Photos: When you generate or upload images through Picjam, these images and related metadata may be stored, processed, or analyzed.
• Other device permissions: With your consent, we may access other tools (e.g., microphone) if required by certain features. You can revoke access through your device’s settings at any time.
1.4 User-Generated Content (“UGC”)
UGC includes any text, images, videos, or other materials you voluntarily provide to us or generate on Picjam. This may include AI-generated images, modified backgrounds, and related data. UGC is linked to the account or email address used to submit or create it.
1.5 Business Data
“Business Data” refers to data that accumulates over the normal course of operating our platform. It may include:
• Transaction records
• User profiles and preferences
• Analytics data, metrics, and usage statistics
• Interaction logs and support inquiries
2. Legal Bases for Processing
We will only collect and process your personal information where we have a valid legal basis to do so. The appropriate legal bases depend on the context in which we process your Personal Information:
• Contractual Necessity: To provide you with the services you request, such as generating images or processing payments.
• Legitimate Interests: To improve Picjam, develop new features, conduct analytics, maintain security, and protect our legal rights and interests.
• Consent: Where you have given explicit consent for a specific purpose, such as receiving marketing communications or allowing access to device features. You may withdraw your consent at any time.
• Legal Obligations: When we are required to process your data to comply with a legal obligation or to protect your vital interests or those of another person.
3. How We Use Your Information
We may collect, hold, use, and disclose information for the following purposes:
• Service Delivery: To provide and operate Picjam’s core functionalities, including AI image generation, background removal, and photo clean-up.
• Account Management: To create, maintain, and secure your user account, verify your identity, and respond to your inquiries.
• Payments: To process transactions, manage billing cycles, and secure your payment details.
• Improvements & Analytics: To analyze usage patterns, troubleshoot technical issues, enhance user experience, develop new features, and improve our app, websites, and related platforms.
• Communications: To contact and communicate with you about service updates, marketing offers, promotions, and other news that may be of interest to you, subject to your consent where required.
• Compliance & Disputes: To comply with our legal obligations, resolve disputes, enforce our Terms & Conditions, and protect our rights and the rights of our users, third parties, or the public.
• Employment Consideration: To review and consider any employment applications you submit.
4. Disclosure of Personal Information
We may disclose your personal information to the following parties:
• Service Providers: Third-party vendors that assist with app functionality, IT services, hosting, data storage, analytics, marketing, payment processing, and customer support.
• Affiliates & Related Entities: Our employees, contractors, and related entities as needed to operate our business.
• Business Partners & Sponsors: Third parties sponsoring competitions or providing special offers.
• Legal and Regulatory Authorities: Courts, tribunals, government bodies, and law enforcement when required by law or when necessary to establish, exercise, or defend our legal rights.
• Successors in Business Transfers: If Picjam undergoes a merger, acquisition, bankruptcy, reorganization, or sale of assets, your information may be transferred to the acquiring entity, subject to the same privacy commitments.
5. International Data TransfersYour personal information may be transferred to, stored in, and processed in countries other than your own, including Australia, the United States, Canada, or any country where we or our third-party providers maintain facilities.
• EEA Users: When transferring data from the European Economic Area (EEA) to a non-EEA country, we take appropriate safeguards such as using Standard Contractual Clauses or other legally recognized mechanisms.
• Non-EEA Transfers: You acknowledge that different jurisdictions may have data protection laws that differ from your home country, and in some cases, these may be less protective.
6. Your Rights and Choices
• Access & Data Portability: You may request a copy of the personal information we hold about you, typically provided in a machine-readable format.
• Rectification & Erasure: You may request that we correct inaccurate data or delete your personal information.
• Restriction & Objection: You may request that we limit the processing of your data or object to certain processing activities, such as direct marketing.
• Withdraw Consent: Where our processing is based on your consent, you can withdraw it at any time without affecting the lawfulness of processing before withdrawal.
• Complaints: If you believe your rights have been infringed, you may contact us directly to resolve your concern. You also have the right to lodge a complaint with a relevant data protection authority.
To exercise these rights, please contact us using the details provided at the end of this Policy. We may need to verify your identity before processing certain requests.
7. Data Security and Retention
We use commercially reasonable measures to protect your data from loss, theft, unauthorized access, disclosure, alteration, or destruction. However, no method of electronic transmission or storage is completely secure, and we cannot guarantee absolute data security.
We retain personal information only as long as necessary to fulfill the purposes described in this Policy, unless a longer retention period is required or permitted by law.
8. Cookies and Tracking Technologies
We use cookies and similar technologies to facilitate certain functionalities, analyze usage, and serve targeted advertisements. Cookies help us recognize your device, remember your preferences, and enhance your user experience. You can manage or disable cookies in your browser or device settings, but this may affect your access to certain features of Picjam.
9. Third-Party Websites and Services
Picjam may link to external sites or integrate third-party services that we do not operate or control. We are not responsible for the content, privacy policies, or practices of any third-party sites or services. We encourage you to review the privacy policies of these third parties before using their services.
10. Business Transfers
If we or our assets are acquired, or in the unlikely event that we go out of business or enter bankruptcy, user data may be transferred to any parties who acquire us. Any acquiring party may continue to use your personal information in accordance with this Privacy Policy.
11. Children’s Privacy
Picjam is not intended for use by individuals under the age of 16. If you are under 16, you must have your parent or legal guardian’s permission to use our Service and provide personal information. If we learn that we have collected personal information from a child under 16 without parental consent, we will delete that data as soon as possible.
12. Changes to This Privacy Policy
We may update this Privacy Policy from time to time to reflect changes in our practices or applicable laws. When we do, we will revise the “Last Updated” date at the top of the Policy. We will take reasonable steps to notify users of material changes, such as posting a notice on our platform or sending an email. Your continued use of Picjam after any changes indicates your acceptance of the updated Policy.
13. Contact Us
If you have questions, concerns, or requests related to this Privacy Policy, or if you would like to exercise your data subject rights, please contact us at:
Email: support@picjam.ai
Address: 77 Argyle St, Fitzroy, 3065, VIC
END OF PRIVACY POLICY