3/23/2023
When you use our Services you agree to these contractual terms and our Privacy Policy.
Please carefully review this Terms of Service Agreement (“Agreement”), and Privacy Policy>, because by registering, visiting, accessing, downloading or using our Services (described below) you are agreeing to a legally binding contract. Your continuing visits, access, or use of our Services reaffirms your acceptance and agreement in each instance. If you do not agree to this Agreement, do not register, visit, access, download or use our Services. You can terminate this Agreement at any time by closing your user account and no longer visiting, accessing or using our Services.
You must be at least 13 years of age to access and use the Services. If you are at least 18 years of age but below 13 years of age or such other age of majority required for this Agreement to be binding and enforceable against you and not voidable (“Age of Majority”), your parent or legal guardian must establish an Account with us. Parents and legal guardians who establish an Account with us for use by their child/ward or otherwise permit their child/ward access to the Services through their Account guarantee the compliance by the child/ward of the obligations under this Agreement.
Wegital HK Limited(“Pica AI”or “We”) provides and operates the application named as Pica (the “Apps”) (collectively the “Services”). The Services allow you to creat,up-load and/or share certain qualified contents in the form of varuois category including but not limited to picture,photograph,script,cartoon and/or wording. BY USING THE APPLICATION, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THE TERMS. IN CASE OF USING MAGIC AVATARS FEATURE YOU EXPLICITLY CONFIRM THAT YOU ARE AT LEAST 18/21 YEARS OLD (AS APPLICABLE IN YOUR JURISDICTION). If you have any questions about these Terms or Pica AI, please contact us via an email support@pica-ai.com.
Changes to this Agreement apply to your use of our Services after the effective date. Pica may change this Agreement and/or our Privacy Policy> at any time. Pica will notify You of a change through our Services, such as when You next log-in, or by other means. The new terms may be displayed on-screen and You may be required to read and accept them to continue Your use of the Apps or Sites. If You choose not to accept any new terms, You may close your account and/or discontinue using our Services. You acknowledge that continued use of our Services after we post or send notice of the changes means that you agree to the new terms and that your personal data is subject to any updated policies.
We may change, suspend, or terminate your use of the Services in our discretion. Pica may change, suspend or terminate your use of the Services with or without cause or notice to You, including, without limitation, if Pica believes that you have violated or acted inconsistently with the Agreement. In the event of termination, all your representations, warranties, indemnifications, and promises shall survive. Furthermore, sections 14-18 will continue to govern any claim or dispute. We may, but do not promise to store or keep any content that you have provided, liked or posted. Pica SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY(S) FOR ANY LOSS OR DAMAGE THAT IS CAUSED BY OR ARISES FROM OR IN CONNECTION WITH ANY SUCH DISCONTINUATION OF SERVICES (INCLUDING, WITHOUT LIMITATION AND BY WAY OF EXAMPLE ONLY, REFUNDS, LOST PROFITS, LOST OPPORTUNITIES, MONETARY DAMAGES, DISRUPTION IN OR LOSS OF SERVICE, OR LOSS OF CONTENT).
To use our Services, you must (1) be at least 13 years of age and (2) be either old enough to lawfully enter into this Agreement yourself or have your parent or legal guardian do so. THE SERVICES ARE AVAILABLE ONLY TO INDIVIDUALS AGED 13 YEARS OF AGE OR OLDER. IF YOU ARE 13 OR OLDER, BUT UNDER THE APPLICABLE AGE OF MAJORITY IN YOUR STATE OR JURISDICTION OF RESIDENCE, THEN YOU AGREE TO REVIEW THIS AGREEMENT WITH A PARENT OR LEGAL GUARDIAN TO MAKE SURE YOU AND YOUR PARENT OR LEGAL GUARDIAN UNDERSTAND AND AGREE TO THIS AGREEMENT. IF YOU ARE THE PARENT OR LEGAL GUARDIAN AGREEING TO THE AGREEMENT FOR YOUR CHILD OVER 13 YEARS OF AGE, THEN YOU AGREE ON YOUR CHILD’S BEHALF AND FURTHER AGREE AND ACCEPT FULL RESPONSIBILITY FOR YOUR CHILD’S USE OF THE SERVICES. Pica DOES NOT ENCOURAGE, SOLICIT, OR PERMIT VISITORS TO THE SERVICES WHO ARE UNDER THE AGE OF 13.
Description of Services
Pica AI is an application based software that uses artificial intelligence algorithms to edit, modify and transform your photos and videos. The application allows you to (a) upload photos and videos onto application; (b) edit and modify uploaded photos and videos. Any processing of photos or videos you submit through Pica AI are governed by our Privacy Policy.
From time to time and without prior notice to you, we may change, expand, and improve the application. We may also, at any time, cease to continue operating part or all of the application or selectively disable certain features of the application. Your use of the application does not entitle you to the continued provision or availability of the application. Any modification or elimination of Pica AI or any particular features will be done at our sole discretion.
You agree to provide certain information to set up your account. As part of the registration process, you will select a username and password and may provide certain information. You hereby consent to our access to and collection of such personal information about you. By registering for the Services, you hereby authorize Pica to send you emails and other communications. You agree to protect your password and not share your account with others. You are solely responsible for maintaining the confidentiality of your username and password. You may not authorize others to use your account, and you may not share, assign or otherwise transfer your account or login information to any other person or entity. You are responsible for any and all activities that are conducted through your account. Pica shall be entitled to assume that a user presenting your username and password is, in fact, you. You agree to notify Pica immediately of any unauthorized use of your account. Pica shall have the right at any time to change, modify or amend your username and password. You agree to provide correct information and keep it updated. You agree to only use our Services for personal reasons and not, for example, to compete with us. You represent and warrant that the information you provide to Pica is accurate, true, not confidential, and not in violation of any contractual obligations or other third party rights. You agree that it is your responsibility to keep your information accurate and updated. You represent and warrant that you are not a competitor of Pica and are not using the Services in competition with Pica. You further represent and warrant that you are using the Services solely for personal reasons and that you are not an attorney or an agent of an attorney conducting an investigation to a potential claim related to the Services, any materials available through the Services, or Pica.
We may provide you updates from time to time and may require you to use the most updated version. Pica shall have the right in its sole discretion to substitute, replace, modify, update or upgrade (“updates”) the Services as Pica deems advisable; and, all such updates shall be incorporated in and subject to this Agreement and shall be the exclusive property of Pica. If Pica shall provide you with any updates, you will be required to utilize such version. Pica will only be required to support the most recent and current version provided to you. Depending on the update, You may not be able to use the Apps until You have downloaded the latest version and accepted any new terms that may apply. In case of a conflict between this Agreement and other terms provided with respect to updates, such other terms will prevail. This section will not require Pica to deliver new features and functionality nor any future products which may be offered.
USER CONTENT
Pica AI may allow you to upload, edit, create AI-generated, store, and share content, including your photos and videos (“User Content”). We do not claim ownership over your User Content, including AI-generated content you create Using Pica AI (for the purposes of these Terms, the term “User Content” explicitly includes any AI-generated content you create by Using the application).
We want you to enjoy the functionality of Pica AI seamlessly. Therefore, we would require a permit (called a license and referenced as a “Company License” explained further) to use your User Content uploaded to, downloaded from, and stored within the application. We would like to highlight that the Company license is limited to the purpose of our usage of your User Content and the parties we might share this User Content with. We do not sell any of your User Content with any third parties and use it for ensuring the appropriate functionality of the application only.
Therefore, solely for the purposes of operating or improving Pica AI, you grant us a time-limited, revocable, non-exclusive, royalty-free, worldwide, fully-paid, transferable, sub-licensable license to use, reproduce, modify, distribute, create derivative works of your User Content, without any additional compensation to you and always subject to your additional explicit consent for such use where required by applicable law and as stated in our Privacy Policy. The Company License is for the limited purpose of operating Pica AI and improving our existing and new products, including but not limited to training Pica AI’s AI within and solely for your Use of Magic Avatars feature of the application or if otherwise implied by the Using of Pica AI and its services, unless you have provided us your additional explicit consent for the different purpose where required by applicable law. The Company License is time-limited in the sense that it automatically terminates when you delete the User Content from Pica AI’s library or by terminating your account with deletion of data associated with it. Moreover, the Company License in relation to User Content you upload to Pica AI to generate Magic Avatars is automatically terminated when your AI-generated content is ready.
You acknowledge and agree that our use of your User Content will not result in any injury to you or to any person you authorized to act on your behalf.
You represent and warrant that: (i) you own the User Content edited and adjusted by you on or through Pica AI or otherwise have the right to grant the rights and licenses set forth in these Terms; (ii) you agree to pay for all royalties, fees, and any other monies owed by reason of the User Content you intend to edit and adjust on or through Pica AI and approve to us that any usage of third-party User Content is otherwise cleared by you with the respective rightholder; (iii) in case the User Content depicts third parties, you have received all the necessary consents from them to upload it to Pica AI; and (iv) you have the legal right and capacity to enter into these Terms in your jurisdiction.
You must not upload, edit, create, store or share any User Content that violates these Terms or to which you do not have all the rights necessary to grant us the Company License described above. You, furthermore, agree to indemnify, defend and hold Pica AI harmless for any unauthorized use of third-party User Content you might commit (both intentionally or unintentionally) in accordance with Section 11 “Indemnification” of these Terms.
You acknowledge that Pica AI is supported by advertising revenue and may display advertisements and promotions, and you hereby agree that we may place such advertisements and promotions on Pica AI or in conjunction with your User Content. The manner, mode and extent of such advertisements and promotions are subject to change without specific notice to you. We will not be liable to you for any modification, suspension or discontinuation of Pica AI, or the loss of any User Content, if this loss occurs outside of our control (e.g., due to a security breach). However, we hereby commit to informing you of such security incident in accordance with our Privacy Policy (and its Section 8 “Data Security”).
IN-APP PURCHASE AND PAYMENT
1. The release and distribution of the Pica Apps will take place in the global market through the Apple App Store and/or Google Play. The Pica App will nevertheless offer certain features and certain limits to the User as a paid feature through in-app purchase. If the User would like to use such paid features under this Agreement, you will first need to make payment before accessing the paid feature.
2. Such in-app purchase features may be offered on an annual, monthly,weekly or other basis and will be re-billed every year or month by the Apple App Store and/or Google Play, depending upon auto-renewable subscription model, until cancelled by the User. App Payments will be processed through the Apple App Store and/or Google Play from which you originally downloaded the application. You may access the applicable in-app purchase rules and policies directly from the Apple App Store and/or Google Play. You acknowledge and agree that you are fully responsible for managing your in-app purchases and the amount you spend on in-app purchase within the Pica Apps.
3. Please be aware that, in order to purchase content or the Pica Apps through Google Play and/or Apple App Store, you are required to have a Google Payments and/or Apple App Store account and agree to the Terms of Service. The Google Payments and/or Apple App Store Privacy Notice applies whenever your purchase content using a Google Payments and/or Apple App Store account. You are responsible for all amounts payable associated with purchases made through Google Play and/or Apple App Store on your account. Besides, Google and/or Apple App Store may make available to you various payment processing methods in addition to Google Payments and/or Apple Payments to facilitate the purchase of content or the Pica Apps through Google Play and/or Apple App Store. You are required to abide by any relevant terms and conditions or other legal agreement, whether with Google and/or Apple App Store or a third party, that governs your use of a given payment processing method. Google and/or Apple App Store may add or remove payment processing methods at its sole discretion. You are solely responsible for all amounts payable associated with purchase you make on Google Play and/or Apple App Store.
In order to determine your eligibility to have purchases of content or the Pica Apps that you make through your devices billed to your network provider’s account, when you create a Google Play account on a device, Google Play shall send identifiers of your device to your network provider. To permit this you shall need to accept the network provider’s terms of service. The network provider may send us your billing address information. Google Play hold and use this information as per Google’s Privacy Policies and Google Payments Privacy Notice.
4. If you are under 18 then you are legally required to have you parents’ or legal guardians’ permission to make any in-app purchases. By completing an in-app purchase, you are confirming to us that you have any and all permission that may be necessary in order to allow you make that in-app purchase. If you are a parent or legal guardian of someone under the age of 18, we recommend that you consider any parental control that may be provided by the Apple App Store and/or Google Play, provided that you are concerned that your child may make excessive in-app purchases.
5. The in-app purchases are purchased from and billed by the Apple App Store or Google Play, not Pica. These purchases are subject to the terms and conditions of the Apple App Store and/or Google Play. All billing and refund inquiries shall be directed to the Apple App Store and/or Google Play. Having said that, Pica does not have access to the Apple App Store and/or Google Play accounts and transactions.
6. If any in-app purchase is not successfully downloaded or does not work once it has been successfully downloaded, we will, after becoming aware of fault or being notified of the fault by you, investigate the reason for the fault. We will act reasonably in deciding whether to provide you with a replacement in-app purchase or issue you with a patch to repair the fault. In no event we will charge you anything further to replace or repair the in-app purchase. In the unlikely event that we are unable to replace or repair the relevant in-app purchase or are unable to do so within a reasonable period of time and without significant inconvenience to you, we will authorize the Apple App Store and/or Google Play to refund you an amount up to the cost of the relevant in-app purchase. Alternatively, if you wish to request a refund, you may do so by contacting the Apple App Store and/or Google Play directly.
7. You acknowledge and agree that all billing and transaction process are handled by the Apple App Store and/or Google Play from whose platform you downloaded the Pica Apps and governed by the Apple App Store and/or Google Play’s terms and conditions/end user license agreement. If you have any payment related issues with in-app purchases, then you need to contact the Apple App Store and/or Google Play directly.
We may provide user support. Pica reserves the right at any time to discontinue, cancel, or modify the technical support provided, if any.
You agree to receive messages from us, including marketing materials. You agree to receive messages, including notices and marketing materials, through the Services or through your contact information, such as email. It is your responsibility for ensuring that Pica has your current email address at all times. Any notice sent to you via such email address by Pica shall be deemed given, received, and read by you, whether or not it actually is received and/or read.
We may provide relevant content to you and others based on automated processing. Our Services include making suggestions for content that may be interesting to you and others. We use the data you provide and the data we have about other users, to make these recommendations.
You agree to only use the Apps for personal reasons and understand that you may not copy or otherwise use the Apps in an unauthorized manner. Subject to your acceptance of this Agreement and your continuing compliance with this Agreement and any other relevant Pica policies, Pica grants to you a personal, non-exclusive, non-transferable, revocable limited license to download, access and use the Apps and related software (excluding source and object code) for your non-commercial, personal use on a mobile device or machine(s) of which you are the primary user. You may not copy, rent, lease, lend, sell, assign, transfer, distribute, sublicense or prepare derivative works of any of the Apps. If you sell or otherwise transfer to a third party a device on which an App is installed, you must remove the App from such device before doing so.
Our Services include content from third parties such as Influencers and Merchants, which we do not control. We disclaim any liability for such content. You understand that Pica does not accept any liability whatsoever for any harm that might result from any statements presented on the Services, including statements and opinions on the Services, products viewed via the Services, or third-party advertisements or services posted or linked through the Services. You understand that any statements by Pica, its employees, agents, and affiliates are provided for informational purposes only. Pica reserves the right to discontinue the Services or to change the content of the Services in any way and at any time, with or without notice to you, and without liability. Pica makes no predictions, warranties, or guarantees, express or implied, about the quality of any of the products or services advertised, offered, or provided by any Merchant, statements made by any Influencer, or other individual, company, or service provider utilizing the Services or featured on the Services and assumes no liability related thereto.
You agree not to copy our Services, circumvent our security, or otherwise engage in prohibited conduct. You agree that systematic retrieval of data from the Services to create or compile directly or indirectly, in whole or in part, a collection, compilation, database or directory without the express written permission of Pica is strictly prohibited. You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein. You may not engage in the practices of “screen scraping,” “database scraping,” or any other practice or activity the purpose of which is to obtain lists of users, portions of a database, or other lists or information from the Services, in any manner or in any quantities not authorized by Pica. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Pica or its affiliates without prior express written consent. You may not use any meta tags or any other “hidden text” utilizing Pica’s name or trademarks without our express written consent. You agree that you will not use any device, software or routine to bypass any code which may be included to prevent you from breaching the obligations in this Section or to interfere or attempt to interfere with the proper working of the Services. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our or our host’s infrastructure. You agree that you will not knowingly provide false information to sabotage or otherwise negatively affect the Services. You agree you will not reverse engineer, disassemble or decompile any Pica prototypes or software, nor any other systems, information, materials or objects which are provided to you or to which you are granted access hereunder. You agree to be bound by any application, forum, or specific rules published within the Services.
You own all of your Content. You represent, warrant and agree that you are the exclusive owner of your Content and/or you have all rights, licenses, consents and releases necessary for the Content that you make available on the Services, including the right to grant all of the rights and licenses in this Agreement without Pica incurring any third party obligations or liability arising out of its exercise of the rights thereto granted herein by you. You further represent, warrant and agree that your Content does not infringe, misappropriate or violate a third party’s intellectual property rights, a third party’s rights of publicity or privacy, or any other law or regulation.
You grant us a non-exclusive license to use your Content. You grant to Pica a non-exclusive, perpetual, worldwide, royalty-free license to use, host, store, transmit, reproduce, distribute, sublicense, modify, create derivative works, communicate, publish, publicly perform, publicly display, archive, and otherwise use and exploit such Content, in whole or in part, in any manner, medium, or form, whether now known or hereinafter devised, as Pica sees fit in its sole discretion, and includes without limitation use for the purpose of operating, promoting, and improving the Services. Without limiting the above, you grant to Pica the right to syndicate your Content for any purpose, including without limitation the right to use such syndicated Content to promote the Pica brand. You further grant to Pica all rights necessary to facilitate your use of a third party’s site, app or services that require syndication or other use of your Content in connection with Pica.
If you choose to share content through the Services in areas that others can view, copy, and use, then you do so at your own risk. Pica IS NOT RESPONSIBLE FOR, AND EXPRESSLY DISCLAIMS ANY LIABILITY ARISING FROM OR IN CONNECTION WITH, THE USE OR DISCLOSURE OF ANY INFORMATION, COMMUNICATION, OR CONTENT THAT YOU VOLUNTARILY SUBMIT THROUGH THE SITES OR ANY OF THE APPS IN AREAS THAT OTHERS CAN VIEW, COPY AND USE.
You agree not to post or behave inappropriately. We reserve the right to determine if a post or act is offensive. You may not upload or use inappropriate Content in connection with the Services. Inappropriate Content includes anything Pica, in its sole discretion, determines to be offensive or inappropriate for inclusion or use on the Services. It includes, without limitation, Content that:
· impersonates any person or entity or falsely states or otherwise misrepresents your affiliation with any person or entity, or creates a false identity for purposes of misleading others;
· promotes or contains material that is illegal, harmful, threatening, abusive, harassing, false, misleading, tortious, defamatory, vulgar, obscene, libelous, sexually explicit, violent, invasive of another’s privacy, hateful, discriminatory based on race / sex / religion / nationality / disability / age / sexual orientation, directed toward children under 18 years of age pursuant to the Children’s Online Privacy Protection Act (see also, FTC’s Children’s Privacy Site at http://business.ftc.gov/privacy-and-security/childrens-privacy), or otherwise objectionable;
· infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
· you do not have the right to disclose under contract or applicable law;
· contains software viruses or any other technology designed to interrupt, destroy or limit the functionality of the Services;
· involves the transmission of “junk mail”, “chain letters” or unsolicited mass e-mails — “spam”;
· uses automated scripts or other technology to collect information from or otherwise interact with the Services or other users without their consent;
· engages in advertising or other solicitation activities such as pyramid schemes, contests, or sweepstakes;
· provides material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
· includes other people’s personally identifying information or other confidential information, such as credit card numbers, Social Security numbers, license numbers, passwords, phone numbers, addresses, and email addresses; or
· violates or encourages or facilitates the violation of any applicable local, state, national or international law, including but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.
Violating this Agreement may lead to you being immediately and permanently banned, with notification to your Internet Service Provider if deemed necessary.Pica may take reasonable measures to expeditiously remove from our Services any infringing material that we become aware of. It is Pica’s policy, in appropriate circumstances and at its discretion, to disable or terminate the accounts of users of the Services who repeatedly infringe copyrights or intellectual property rights of others.
Your decision to access Linked Technologies is at your own risk. We are not responsible for third party activities. The Services may contain links to third party sites, networks, platforms or apps (“Linked Technologies”), including advertisers. However, please be aware that Pica is not responsible for and cannot control the terms of service or privacy policies of such other Linked Technologies. We encourage you to be aware when you leave the Services, and to read the applicable agreements for each and every Linked Technologies. The Agreement applies solely to these Services. Pica is not responsible for and makes no representations or warranties regarding Linked Technologies, including without limitation, the content, accuracy, opinions, functionality, or services provided in such Linked Technologies. Inclusion of any Linked Technologies on the Services does not imply approval or endorsement by Pica. If You decide to access any Linked Technologies, then You do so at your own risk.
We own our intellectual property and only provide you a limited license to use our Services per this Agreement. You do not acquire any ownership rights by using our Services. Unless otherwise specified, all materials that are part of the Services are owned, controlled, or licensed by Pica and are protected by law from unauthorized use. The entire contents of the Services are protected under copyright, patent, trademark, and/or other intellectual property laws. Pica, the Pica logos, and all designs are trademarks and/or trade dress of Pica and may not be used without the express written permission of Pica. All other trademarks appearing on the Services are the property of their respective owners. You do not acquire any ownership rights by using the Services or downloading material from or uploading material to the Services. You agree not to (and shall not allow any third party to) reproduce, distribute, publish, prepare derivative works, publicly perform, publicly display, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer or exploit any right in the Services, in whole or in part, except as expressly permitted herein. The limited licenses granted herein do not constitute a sale of the Apps or Sites, or any portion or copy thereof. RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY Pica. You agree to only use the Apps and Sites as expressly permitted herein.
Our Services allow you to “shop your screenshots” and other content. However, it is possible that not all products and services will be available for purchase. The content contained in the Services, and the terms, conditions, and descriptions that appear, are subject to change. Not all products and services are available in all geographic areas. Your eligibility for particular products and services is subject to final determination by the Merchants.
If you provide us feedback or ideas, then we may use or discard them in our discretion and without liability. All comments, feedback, suggestions, ideas, and other submissions (“Ideas”) disclosed, submitted, or offered to Pica in connection with the use of the Services shall be the exclusive property of Pica. Such Ideas will be non-confidential and Pica shall have no obligations to you, contractual or otherwise. You agree that Pica may use, sell, exploit and disclose the Ideas in any manner, for any purpose whatsoever, commercial or otherwise, without restriction, without attribution and without compensation to you.
1. If you believe that your copyright has been infringed by a third party on our Services, then please follow this take down procedure. It is our policy to respond to notices of alleged infringement that comply with the relevant copyright laws and/or regulations You may notify us of alleged infringement of intellectual property rights by contacting our Designated Agent at:【support@pica-ai.com】
2. Upon receipt of notice of claimed infringement, we will follow the procedures specified in relevant laws to resolve the claim between the notifying party and the alleged infringer who provided the content at issue. Please do not send any other communications to the Designated Agent, who is appointed solely for the purposes of receiving notices of copyright claims under the laws.
We may assign our rights and obligations, but you may not. Pica may assign its rights and obligations under this Agreement freely. You may not assign any rights or obligations under this Agreement without Pica’s written consent.
We disclaim any warranties for our Service and provide them AS IS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS”, “WHERE IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT ALLOWED BY LAW, Pica AND ITS OFFICERS, AGENTS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS AND ASSIGNS (THE “Pica PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, TITLE, QUALITY, PERFORMANCE, NON-INTERFERENCE WITH INFORMATION, AND ACCURACY OF INFORMATIONAL CONTENT. THERE IS NO WARRANTY THAT INFORMATION PROVIDED HEREUNDER, OUR EFFORTS, OR THE SERVICES WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS. Pica PARTIES NEITHER ASSUME NOR AUTHORIZE ANY OTHER PERSON TO ASSUME FOR IT ANY OTHER LIABILITY IN CONNECTION WITH THE SALE AND USE OF THE SERVICES. Pica PARTIES ASSUME NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, THE SERVICES OR ANY USER COMMUNICATIONS. Pica PARTIES ARE NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON THE SERVICES, WHETHER CAUSED BY USERS OF THE SERVICES OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE SERVICES. Pica PARTIES MAKE NO WARRANTY THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THE INFORMATION OR RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; OR THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE Pica PARTIES OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THIS SECTION MAY NOT APPLY TO YOU.
This is the limit of our legal liability to you, if any. WHEN PERMITTED BY LAW, Pica PARTIES, TOGETHER WITH ANY THIRD PARTIES THAT MAY CONTRIBUTE TO OR BE AFFILIATED WITH THE SERVICES, SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THE FOREGOING PROVISION MAY HAVE THE EFFECT TO LIMITING THE LIABILITY OF THE Pica PARTIES FOR THEIR OWN NEGLIGENCE, INCLUDING THEIR OWN GROSS NEGLIGENCE. IF YOU ARE DISSATISFIED WITH THE SERVICES, OR ANY OF THE INFORMATION CONTAINED THEREON, OR REFUSE TO ABIDE BY THE AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE. NOTWITHSTANDING THE FOREGOING, TO THE EXTENT PERMITTED BY LAW, Pica PARTIES’ TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNT YOU PAID TO USE THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF CERTAIN LIABILITIES, SO SOME OR ALL OF THIS SECTION MAY NOT APPLY TO YOU.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD COMPLETELY HARMLESS Pica PARTIES, TOGETHER WITH ANY THIRD PARTIES THAT MAY CONTRIBUTE TO OR BE AFFILIATED WITH THE SERVICES, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, ATTORNEYS’ FEES, EXPENSES, AND SETTLEMENTS, WHETHER GROUNDED IN CONTRACT, TORT, STATUTE, LAW OR EQUITY, INCLUDING WITHOUT LIMITATION CLAIMS ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES OR YOUR INABILITY TO USE THE SERVICES, THE MATERIALS THE SERVICES CONTAIN, ANY SITES OR APPLICATIONS LINKED TO THE SERVICES, ANY ALLEGED VIOLATION OF THE AGREEMENT, AND ANY ALLEGED VIOLATION OF THE RIGHTS OF A THIRD PARTY. THE FOREGOING PROVISION MAY HAVE THE EFFECT TO PROVIDING INDEMNITY TO THE Pica PARTIES LIABILITY AND DAMAGES ARISING FROM THEIR OWN NEGLIGENCE, INCLUDING THEIR OWN GROSS NEGLIGENCE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN INDEMNIFICATIONS, SO SOME OR ALL OF THIS SECTION MAY NOT APPLY TO YOU.
If there is ever a legal dispute between us, then we agree to resolve it in Hong Kong Court with qualified jurisdiction using Hong Kong laws. The laws of Hong Kong, without application of conflict of law provisions, will apply to any disputes arising out of or relating to this Agreement or the Services.. Any dispute must be raised within two (2) years after the date the cause of action arose. Failure to provide the written documentation within this timeframe will render all claims related to the dispute null and void. You further agree not to join in any lawsuit with another person or serve as a class representative of any class action lawsuit against Pica.
Pica Parties shall not have any liability for any failure to perform obligations under this Agreement if such failure is caused by fire, flood, natural disaster, epidemic, act of God, strike, civil unrest, riot, insurrection, revolution, war, terrorism, lack or failure of suppliers or transportation facilities, failure of utilities or telecommunications, failure of third party software, law or governmental regulation or other cause or event which is of a magnitude or a type beyond the reasonable control of Pica Parties or such other party.
If any provision of the Agreement is found to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of any of the remaining provisions will not in any way be affected or impaired and a valid, legal, and enforceable provision of similar intent and economic impact will be substituted therefore. Pica’s failure to require or enforce strict performance of any provision or to exercise any right under the Agreement shall not be construed as a waiver of any such provision or right. The headings appearing at the beginning of each section are for identification and reference purposes only and shall not be used to determine the construction or interpretation of the Agreement.
This covers how to contact us. Any notices or communications sent by you to Pica pursuant to this Agreement must be in Email to the following adress: support@pica-ai.com.
Effective date: , 2023