Terms and Conditions of Use

1. Acceptance of Terms and Conditions

These Terms and Conditions govern access to and use of the website picassoia.com and all services offered by Picasso IA.

By accessing, browsing, or using the Website and/or any of the services offered, the user declares that they have read, understood, and expressly and fully accepted these Terms, as well as the Legal Notice, the Privacy Policy, and the Refund Policy.

If the User does not agree with any of the terms set forth in this document, they must refrain from using the Website and its services.

For more information about the service provider, see the company identification data.

2. Description of Services

Picasso IA is an artificial intelligence content generation platform that offers its users access to more than 100 AI models for various creative tasks, including but not limited to:

• Image generation: Creation of images from textual descriptions (text-to-image) using state-of-the-art AI models.
• Image editing: Modification, enhancement, and transformation of existing images using AI algorithms.
• Video generation: Creation of audiovisual content from text, images, or input videos.
• Background removal: Automatic extraction of subjects from their original backgrounds.
• Resolution enhancement: Increase in quality and resolution of images through super-resolution techniques.
• 3D model generation: Creation of three-dimensional objects from descriptions or images.
• Other generative AI services: Various additional tools for the creation and manipulation of digital content.

Important note: The services offered are exclusively digital and do not involve the shipment of physical products. All generated content is provided electronically through the Platform.

3. User Registration and Account

To access certain functionalities of the Website, the User must create an account by providing truthful, complete, and up-to-date information. The User agrees to:

• Provide accurate and truthful information during the registration process.
• Keep their account and profile information up to date.
• Maintain the confidentiality of their access credentials (username and password).
• Immediately notify Picasso IA of any unauthorized use of their account or any other security breach.
• Not create more than one account per person without express authorization.
• Not transfer, sell, or assign their account to third parties without authorization.

The User is solely responsible for all activities carried out under their account. Picasso IA shall not be liable for losses or damages arising from the User's failure to comply with security obligations.

4. Plans, Pricing, and Payment Methods

Picasso IA offers different subscription plans and credit purchase options to access its services. Specific details of each plan, including prices, features, and limitations, are available in the pricing section of the Website.

4.1 Types of Plans

• Free Plan: Limited access to the platform's basic functionalities with a restricted number of generations.
• Subscription Plans: Access to premium functionalities with different levels of credits and features depending on the chosen plan (Starter, Hobbyist, Pro, Pro+, Ultra, Elite, Infinite).
• Credit Packages: One-time purchase of additional credits without recurring subscription.

4.2 Payment Methods

Picasso IA accepts various secure payment methods for contracting its services. Available payment methods will be displayed during the purchase process and may include credit/debit cards, bank transfers, and other electronic payment methods. All payments are processed through secure payment gateways that comply with PCI-DSS security standards.

4.3 Billing

Displayed prices include applicable taxes according to current legislation. Subscriptions will be billed recurrently according to the chosen billing cycle (monthly or annual), unless the User cancels before renewal. The User will receive a receipt or invoice by email after each transaction.

7. Acceptable Use Rules

The User agrees to use Picasso IA services responsibly, ethically, and in compliance with applicable law. It is expressly prohibited to use the Platform to:

• Generate illegal content, including: child sexual abuse material, content promoting terrorism or violence, or material that infringes third-party intellectual property.
• Create defamatory, slanderous, threatening, harassing content or content that incites hatred against people or groups based on race, gender, sexual orientation, religion, nationality, or any other protected characteristic.
• Generate deepfakes or content that impersonates real people without their explicit and documented consent.
• Create fraudulent or deceptive content with the intent to scam or manipulate third parties.
• Use the services for spam, phishing, or other malicious practices.
• Attempt to circumvent technical, security, or usage limitations established by the Platform.
• Resell, sublicense, or redistribute access to the services without express authorization.
• Use the services in a way that may damage, overload, or impair Picasso IA systems.

Picasso IA reserves the right to suspend or cancel the account of any User who violates these rules, without right to refund and without prejudice to any legal actions that may apply.

8. Ownership of Generated Content

Content generated by the User through Picasso IA services is subject to the following conditions:

• Paid plan users: The User retains rights to the generated content and may use it for personal and commercial purposes, subject to the terms of their subscription plan.
• Free plan users: Generated content may be used for non-commercial personal purposes. For commercial use, a paid plan subscription is required.
• License to Picasso IA: The User grants Picasso IA a non-exclusive, worldwide, royalty-free, and sublicensable license to use, reproduce, modify, and display generated content for service improvement, marketing, and promotion purposes, unless the User expressly requests otherwise.

The User is solely responsible for ensuring that the use of generated content does not infringe third-party rights, including intellectual property rights, image rights, or any other applicable rights.

9. Personal Data Protection

Picasso IA is committed to protecting its Users' privacy and treating their personal data in accordance with the General Data Protection Regulation (GDPR) 2016/679 and Organic Law 3/2018 on Personal Data Protection and guarantee of digital rights (LOPDGDD).

For detailed information on how we collect, use, store, and protect our Users' personal data, as well as the rights that assist them, please see our Privacy Policy.

Commitment not to sell personal data to third parties: Picasso IA does not sell, rent, or share its Users' personal data with third parties for commercial purposes. Data is only shared with service providers necessary for service provision (payment processors, hosting services, etc.) under strict confidentiality agreements.

10. Limitation of Liability

To the maximum extent permitted by applicable law, Picasso IA shall not be liable for:

• Indirect, incidental, special, consequential, or punitive damages arising from the use or inability to use the services.
• The quality, accuracy, suitability, or results of content generated by artificial intelligence models.
• Loss of profits, data, reputation, or any other intangible damage.
• Service interruptions caused by maintenance, third-party technical failures, cyberattacks, or force majeure.
• The User's use of generated content or the consequences arising therefrom.

Picasso IA's total liability to the User for any claim arising from these Terms shall not exceed, in any case, the total amount paid by the User to Picasso IA during the twelve (12) months prior to the event giving rise to the claim.

11. Account Cancellation and Deletion

The User may request account cancellation at any time by sending a request to team@picassoia.com. Upon requesting cancellation:

• Active subscriptions will be cancelled at the end of the current billing period.
• Unused credits will expire and are non-refundable.
• Generated content stored in the account will be permanently deleted after a 30-day grace period.
• Personal data will be treated in accordance with our Privacy Policy and applicable data protection regulations.

Picasso IA reserves the right to suspend or cancel accounts that violate these Terms, without prior notice and without right to refund.

12. Modifications to the Terms

Picasso IA reserves the right to modify these Terms at any time. Modifications will be effective from their publication on the Website. For substantial changes, registered Users will be notified by email at least 15 days in advance.

Continued use of the services after the modifications take effect shall constitute acceptance of the new Terms. If the User does not agree with the modifications, they must cease using the services and, if applicable, cancel their subscription before they take effect.

13. Applicable Legislation and Jurisdiction

These Terms are governed and interpreted in accordance with Spanish law. For the resolution of any dispute arising from these Terms or the use of the services, the parties submit, with express waiver of any other jurisdiction that may correspond to them, to the Courts and Tribunals of the city of Barcelona, Spain.

However, if the User has consumer status according to current regulations, the Courts and Tribunals of their domicile shall have jurisdiction.

14. General Provisions

• Severability: If any provision of these Terms is declared null or unenforceable, the remaining provisions shall remain in full force and effect.
• Waiver: Picasso IA's failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
• Assignment: The User may not assign or transfer these Terms or the rights or obligations arising therefrom without Picasso IA's prior written consent.
• Entire agreement: These Terms, together with the Legal Notice, Privacy Policy, and Refund Policy, constitute the entire agreement between the User and Picasso IA regarding the use of the services.

15. Contact

For any questions, complaints, or communications related to these Terms and Conditions, you may contact us at: team@picassoia.com