Effective date: October 23, 2023
Welcome to PicMa App's Terms of Service
The Magic Tiger Technology Limited ("MagicTiger," "Company," "we,"
"us," or "our") governs your use of our web pages located at https://magictiger.ai/ and our mobile application PicMa (“App”) (together or individually
“Service”) owned and operated by Magic Tiger Technology Limited.
The Company provides the Services through our App. By downloading,
installing or using the Products in any manner, you agree to these
Terms and you agree to comply with and be bound by any applicable
specific, supplemental or third-party licenses or terms when using any
Product. Your downloading of the application from the Apple App Store,
Google Play store or other platforms is also governed by the
respective terms of use and other accompanying documents of Apple App
Store, Google Play Store and other platforms. Also by accessing the
Services through the App, immediately and from your very first access
of the Services, you unconditionally and irrevocably agree to be bound
by these Terms and Conditions, all applicable laws and/or regulations
and you agree that you are responsible for this compliance.
Your agreement with us includes these Terms and our Privacy Policy
(“Agreements”). You acknowledge that you have read and understood
Agreements, and agree to be bound by them. These Terms apply to all
visitors, users and others who wish to access or use Service. Also,
you hereby agree that the results or products of our app are solely
for personal and/or editorial use and NOT for commercial use, re-sell,
distribute in anyway. IF YOU DO NOT AGREE TO ALL TERMS AND CONDITIONS IN THESE TERMS, DO
NOT ACCESS AND IMMEDIATELY STOP USING THE PRODUCTS, CANCEL ANY
ACCOUNT, AND IMMEDIATELY UNINSTALL AND DELETE ANY COPIES OF THE
PRODUCTS IN YOUR POSSESSION.
These Terms were originally drafted in English. If there is any
conflict between the English-language version of these Terms and a
version translated into another language, the English-language version
will prevail.
The Company reserves the right to change these Terms and Conditions.
These changes are effective immediately upon posting. When changes
come into effect, the revised Terms and Conditions shall supersede the
previous version of the Terms and Conditions. You are responsible for
regularly reviewing these Terms and Conditions.
Thank you for being responsible.
- ABOUT US
o PicMa is a mobile application that allows users to transform their
photos into exciting art and portrait with Artificial Intelligence
such as Deep Learning.
o PicMa is a photo editing app, built for aesthetic and entertainment
purposes to provide high-quality entertainment by redrawing your
photos with different themes with fun, creativity, and imagination
that might include alteration of perceived gender and race. In no way
do we produce a product whose purpose is to offend any ethnic or
support racism in any way. We do take inclusiveness seriously by
taking the time and effort to provide an experience for all our users
from all around the world.
o PicMa owned and operated by the company of Magic Tiger Technology
Limited.
o The Company makes the App available (a) on the Website from which
you can click on a link to download the App, or (b) for download
directly from Google Play and the Apple App Store.
o Company shall make every effort to ensure that PicMa is continually
available to you.
- ACCEPTANCE
o By accessing the App and by using the Services you agree to be
bound by these Terms and accept to comply with all applicable laws and
regulations.
o Should you disagree to be bound by these Terms, in whole or in
part, you shall (i) not be permitted/authorized to use the Services
and (ii) refrain from accessing the App and Services.
o Your continued use of the App and Services shall be deemed to
constitute your acceptance of these Terms.
- MODIFICATION OF THESE TERMS
o The Company reserves the right, at any time and in its sole
discretion, to modify or replace these Terms.
o You acknowledge that supplemental terms and conditions or other
documents/policies may also be posted by the Company on the Website
and/or the App from time to time, and are expressly incorporated into
these Terms by reference.
o You shall therefore be solely responsible for checking these Terms
periodically, to stay abreast of any changes to the Terms.
o Your continued access to the App and use of the Services following
the posting of any changes to these Terms shall be subject to the
newly modified Terms.
- USE OF APP
o You may access PicMa and the Services via our App.
o In order to be able to use the App, you shall (i) download and
install the App on a mobile device which is compatible with the App,
as well as (ii) have an Internet connection.
o You agree that you are solely responsible for meeting the
aforementioned requirements, which may also (i) bear additional
charges and fees, and/or (ii) require you to perform software updates
and/or to comply with the terms and conditions of your agreement(s)
with your mobile device and telecommunications provider.
- Generative AI Features
The Products may enable you to use certain features that implement
one or more generative artificial intelligence models or tools (the
“Generative AI Features”). The Generative AI Features may allow you to
insert or upload textual, visual or other content as input (“Input”).
Based on the Input, you may generate and receive as output visual
content (“Output”). As between you and us, you own your Input, and we
hereby assign to you any right we may have to the Output. Your Input
and Output are considered User-Generated Content under these Terms.
You acknowledge and agree that others may receive identical or
similar-looking Output.
When using Generative AI Features, you will not, and will not permit
any person accessing the Products using your account to:
o Upload, generate, or distribute content that facilitates the
exploitation or abuse of children, including all child sexual abuse
materials and any portrayal of children that could result in their
sexual exploitation.
o Upload, generate, or distribute content that contains or promotes
sexually explicit content or profanity, including pornography, or any
content or services intended to be sexually gratifying.
o Perform or facilitate dangerous, illegal, or malicious activities,
including (a) facilitation or promotion of illegal activities or
violations of law, (b) abuse, harm, interference, or disruption of
services (such as spam, phishing, or malware), (c) attempts to
override or circumvent safety filters or intentionally drive the
Generative AI Features to act in a manner that contravenes these Terms
or other applicable policies, (d) generation or distribution of
content that may harm or discriminate against individuals or a group,
or promote any of the foregoing, and (e) generation or distribution of
content intended to misinform, misrepresent, mislead, exploit, or harm
others.
o Upload, generate, or distribute content that encourages the illegal
or inappropriate use of alcohol, tobacco, drugs, or the use of
explosives, firearms, ammunition or certain firearms
accessories.
o Upload, generate, or distribute content that promotes violence or
incite hatred against individuals or groups based on race or ethnic
origin, religion, disability, age, nationality, veteran status, sexual
orientation, gender, gender identity, caste, immigration status or any
other characteristic that is associated with systemic discrimination
or marginalisation.
o Upload, generate, or distribute content that depicts gratuitous
violence or other dangerous activities.
- PURCHASES
o If you wish to purchase any product or service made available
through Service (“Purchase”), you may be asked by AppStore or Google
PlayMarket to supply certain information relevant to your Purchase
including, without limitation, your credit card number, the expiration
date of your credit card, your billing address, and your shipping
information.
o You represent and warrant that: (i) you have the legal right to use
any credit card(s) or other payment method(s) in connection with any
Purchase; and that (ii) the information you supply to AppStore or
Google PlayMarket or us is true, correct and complete.
o We may employ the use of third party services for the purpose of
facilitating payment and the completion of Purchases. By submitting
your information, you grant us the right to provide the information to
these third parties subject to our Privacy Policy.
o We reserve the right to refuse or cancel your order at any time for
reasons including but not limited to: product or service availability,
errors in the description or price of the product or service, error in
your order or other reasons.
o We reserve the right to refuse or cancel your order if fraud or an
unauthorized or illegal transaction is suspected.
- SUBSCRIPTIONS
Some parts of Service are billed on a subscription basis
(“Subscription(s)”).
You will be billed in advance on a recurring and periodic basis
(“Billing Cycle”). Billing cycles are set either on weekly, monthly or
annual basis, depending on the type of subscription plan you select
when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will
automatically renew under the exact same conditions unless you cancel
it or the Company cancels it.
You may cancel your Subscription renewal either through your online
account management page or by contacting our customer support
team.
- FREE TRIAL
The Company may, at its sole discretion, offer a Subscription with a
free trial for a limited period of time (“Free Trial”).
You may be required to enter your billing information in order to
sign up for Free Trial.
If you do enter your billing information when signing up for Free
Trial, you will not be charged by the Company until Free Trial has
expired.
On the last day of Free Trial period, unless you cancelled your
Subscription, you will be automatically charged the applicable
Subscription fees for the type of Subscription you have
selected.
At any time and without notice, the Company reserves the right to (i)
modify Terms of Service of Free Trial offer, or (ii) cancel such Free
Trial offer.
- FEE CHANGES
The Company, in its sole discretion and at any time, may modify
Subscription fees for the Subscription.
Any Subscription fee change will become effective at the end of
then-current Billing Cycle.
The Company will provide you with a reasonable prior notice of any
change in Subscription fees to give you an opportunity to terminate
your Subscription before such change becomes effective.
Your continued use of Service after Subscription fee change comes
into effect constitutes your agreement to pay the modified
Subscription fee amount.
- REFUNDS
Except when required by law, paid Subscription fees are
not-refundable.
- THE COMPANY’S CONTENT
Content found on or through this Service are the property of Magic
Tiger Technology Limited or used with permission.
The Company hereby grants you a limited, worldwide, royalty-free,
non-exclusive, non-transferable, non-sublicensable, revocable license
to access and use the Services. This License is for the sole purpose
of letting you use and enjoy the Services’ benefits in a way that
these Terms allow.
You may not distribute, modify, transmit, reuse, download, repost,
copy, or use said Content, whether in whole or in part, for commercial
purposes or for personal gain, without express advance written
permission from us.
- THIRD-PARTY CONTENT
In order to provide you with the best experience using our
technology, the Company may use the third-party content and offer you
a library of such content for the swap (“Pre-sets catalogue”).
The Company use such content only in compliance with their respective
Terms of Use, in good faith and conforming to the Fair Use/Fair
Dealing Doctrine under the applicable laws.
The purpose of the contents’ use is transformative.
The original materials are used in a new unanticipated way, namely
the visual results of the materials’ use create the completely new
content, which are inherently of parodic nature.
The results of the material’s use differ significantly from the
original by the character, mostly parodic or satiric, and alter the
originals with the new meaning, expression and message, creating the
object of ridicule.
The extent of use is strictly limited by the purpose of
transformation.