Terms of Service

Please read these Terms of Service ("Agreement" or "Terms") carefully before using the services offered by PicTwinAI. This Agreement sets forth the legally binding terms and conditions for your use of the PicTwinAI website and all related services, including, without limitation, any features, content, websites, or applications offered from time to time by PicTwinAI (collectively "Service(s)"). By using the Services in any manner, you agree to be bound by this Agreement.

These Terms are governed by German law. For our Privacy Policy, please visit /legal.

Acceptance of Terms of Service

The Service is offered subject to acceptance without modification of all of these Terms of Service and all other operating rules, policies, and procedures that may be published from time to time in connection with the Services by PicTwinAI. In addition, some services offered through the Service may be subject to additional terms and conditions promulgated by PicTwinAI from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference.

PicTwinAI may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in such jurisdictions.

Prohibited Conduct

By using the PicTwinAI app, you agree that the Service is intended solely for the purpose of creating AI models of yourself or other individuals for whom you have obtained explicit consent. You acknowledge and agree that when creating AI models of other individuals, you must have their express permission to use their photos and to create, train, and generate AI-generated images of them.

As a condition of use, you promise not to use the Service for any purpose that is prohibited by these Terms. You shall not (and shall not permit any third party to):

• Violate any applicable law, rule, or regulation
• Infringe upon any intellectual property or other rights of any person or entity
• Engage in threatening, abusive, harassing, defamatory, libelous, deceptive, or fraudulent conduct
• Invade another's privacy or upload content without proper consent
• Create content that exploits, abuses, or sexualizes children (individuals under 18)
• Generate or disseminate verifiably false information with intent to harm others
• Impersonate or attempt to impersonate any person or entity
• Generate or disseminate personally identifying or private information without authorization
• Create content that promotes or supports illegal activities
• Create content that condones or promotes violence against people based on protected characteristics
• Generate explicit sexual content or pornography
• Circumvent or disable any technical restrictions or security features of the Service
• Use automated systems (bots, scrapers, crawlers) to access the Service without permission
• Resell or redistribute the Service without written authorization
• Interfere with or disrupt the integrity or performance of the Service

Violation of these prohibited conduct rules may result in immediate suspension or termination of your account without refund.

Intellectual Property and Ownership

Your License to Use the Service

Subject to these Terms, PicTwinAI grants you a limited, non-exclusive, revocable license to access and use the Service for personal and commercial purposes.

PicTwinAI's Intellectual Property

All content displayed or made available on the Service, including without limitation, text, images, illustrations, designs, logos, domain names, and service marks, is owned by PicTwinAI, its affiliates, licensors and/or other third parties. The Service and all such content are protected by copyright, trade dress, trademark, and other intellectual property laws.

Your Ownership and Commercial Rights

You own all Assets (AI-generated images, trained models) you create with the Services, and we hereby assign to you all rights, title and interest in and to such Assets for your personal or commercial use.You are free to use, modify, distribute, and commercialize the Assets you generate for any lawful purpose, including commercial applications. PicTwinAI makes no claim to ownership of your generated Assets beyond the license grant described below.

License You Grant to PicTwinAI

By using the Services, you grant to PicTwinAI, its successors, and assigns a perpetual, worldwide, non-exclusive, sublicensable, no-charge, royalty-free, irrevocable copyright license to use, copy, reproduce, process, adapt, modify, publish, transmit, prepare derivative works of, publicly display, publicly perform, and distribute content you input into the Services, or Assets produced by the Service at your direction.

This license authorizes PicTwinAI to make the content available to provide, maintain, promote and improve the Services, as well as to comply with applicable law and enforce our policies. Your use of the Services is hereby agreed as being sufficient compensation for the grant of rights herein.

Similar Outputs

Please note that our AI technology may produce similar outputs for other users using similar inputs or prompts. The generation of similar images for different users does not infringe upon your ownership rights to your specific generated Assets.

AI Technology Disclaimers

You acknowledge and agree that artificial intelligence technology is experimental and rapidly evolving. The Service may produce unexpected, inaccurate, offensive, or inappropriate outputs. We make no guarantee regarding the quality, accuracy, or suitability of AI-generated images for any particular purpose.

PicTwinAI shall not be liable for any mistakes, inaccuracies, omissions, or offensive material that may be generated by the AI models. You are solely responsible for reviewing and determining the appropriateness of any AI-generated content before use.

Payment Terms

Payments for our Services are processed securely through Stripe. By purchasing credits or subscribing to our Service, you agree to provide accurate and complete payment information.

Pricing and VAT: Prices displayed in EUR include Value Added Tax (VAT) at the applicable rate (19% for German private customers). Prices displayed in USD exclude VAT. Business customers may be exempt from VAT if they provide a valid VAT identification number.

Refunds: Subject to our 30-day money-back guarantee (see Refund Policy below), all fees paid are non-refundable unless otherwise stated.

Price Changes: We reserve the right to modify our pricing at any time. If we change our prices, we will provide you with at least 30 days' notice before the new prices take effect. Your continued use of the Service after price changes constitutes acceptance of the new prices.

Withdrawal Right Waiver (Widerrufsrecht): By clicking "Purchase," "Start Training," or "Generate," you expressly request immediate service performance and acknowledge that your right of withdrawal under §312g BGB (German Civil Code) ends once digital content is delivered or credits are consumed.

Refund Policy

We offer a30-day money-back guarantee for credit purchases. If you are not satisfied with our Service, you may request a refund within 30 days of your purchase date.

Refund Calculation: Your refund will be calculated as the purchase price minus the value of credits you have used. For example, if you purchased €50 worth of credits and used credits valued at €10, your refund would be €40.

How to Request a Refund: To request a refund, please contact us at [email protected] with your account details and reason for the refund request. Refunds are typically processed within 5-10 business days.

Limitations: Refunds are only available for the most recent purchase. Multiple refund requests from the same account or entity may be subject to additional review.

Data Retention and Deletion

Training Images: Training images are transmitted to our third-party AI processing provider (fal.ai). PicTwinAI does not store training images on our servers.

AI Models and Generated Images: Trained AI models and generated images are stored on fal.ai's infrastructure with minimum 7-day retention. We strongly recommend downloading your AI models and generated images if you wish to keep them permanently.

Account Data: If you delete your account, we remove your account data and all metadata references within 30 days. Account deletion requests can be forwarded to fal.ai manually.

Financial Records: In compliance with German tax law (§147 AO), we retain financial transaction records for 10 years. When you delete your account, these records are anonymized but transaction amounts and dates are retained for tax audit purposes.

Age Restrictions

Our Service is not intended for users under the age of 18. If you are under 18, please do not use our Service or provide any personal information to us. If we become aware that we have collected personal information from a child under 18, we will take steps to delete that information.

Termination

Your Rights: You may terminate your account at any time by accessing your account settings and selecting the delete account option. Upon termination, you will no longer have access to the Service and your account data.

Our Rights: PicTwinAI reserves the right to suspend or terminate your account and access to the Service at any time, with or without cause, and with or without notice. Reasons for termination may include, but are not limited to:

• Violation of these Terms of Service
• Engagement in prohibited conduct
• Fraudulent or illegal activity
• Extended period of inactivity
• Request by law enforcement or government authorities

Effect of Termination: Upon termination of your account:

• Your right to use the Service will immediately cease
• We will delete your account data and metadata within 30 days
• You will not be entitled to any refund for unused credits or subscription fees, except as provided in our Refund Policy
• Any provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability

Copyright and DMCA

PicTwinAI respects the intellectual property rights of others and expects users to do the same. If you believe that your copyrighted work has been copied or used in a way that constitutes copyright infringement, please notify us with the following information:

• A physical or electronic signature of the copyright owner or authorized representative
• Identification of the copyrighted work claimed to have been infringed
• Identification of the material that is claimed to be infringing, including its location on our Service
• Your contact information (address, telephone number, email address)
• A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner
• A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner

Please send copyright infringement notices to:[email protected]

Repeat Infringer Policy: PicTwinAI will terminate the accounts of users who are determined to be repeat infringers of copyrighted material.

Modifications to the Service and Terms

PicTwinAI reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that PicTwinAI will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

We may revise these Terms from time to time. The most current version will always be posted on our website. If a revision, in our sole discretion, is material, we will notify you. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms.

Disclaimer of Warranties

The Service is provided on an "as is" and "as available" basis. PicTwinAI expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement, to the extent permitted by applicable law.

Limitation of Liability

To the extent permitted by German law, PicTwinAI's total liability for damages arising from simple negligence (einfache Fahrlässigkeit) shall be limited to the greater of €100 (one hundred Euros) or the total fees you have paid to PicTwinAI in the 12 months preceding the event giving rise to the claim.

For simple negligence, PicTwinAI shall not be liable for indirect damages, consequential losses, loss of profits, loss of data, or loss of goodwill.

Mandatory Exceptions under German Law: The above limitations do not apply to:

• Liability for intentional misconduct (Vorsatz) or gross negligence (grobe Fahrlässigkeit)
• Liability for personal injury, harm to health, or death
• Liability for defects fraudulently concealed
• Liability under mandatory statutory provisions (including product liability law)

These limitations of liability also apply to the personal liability of PicTwinAI's employees, representatives, and agents.

Force Majeure

PicTwinAI shall not be liable for any failure or delay in performance of its obligations under these Terms arising out of circumstances beyond its reasonable control, including but not limited to: acts of God, natural disasters, war, terrorism, riots, embargoes, government actions, third-party service failures (including fal.ai infrastructure), internet service interruptions, power outages, or cyberattacks. Performance of obligations shall be suspended for the duration of such force majeure event.

Governing Law and Jurisdiction

These Terms of Service shall be governed by and construed in accordance with the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Germany. If you are a consumer within the meaning of German law, you may also bring proceedings in the courts of your country of residence.

Contact Information

If you have any questions about these Terms, please contact us at:

[email protected]

By using our Services, you acknowledge that you have read and understood this Agreement and agree to be bound by its terms.