AI Terms and Conditions
These AI Terms and Conditions (“AI Terms”) are hereby entered into by and between Pic-Time Ltd. its affiliates and subsidiaries (“Pic-Time”, “we”, “us” or “our”) and you, a photographer using the Pic-Time Services and Platform (“Photographer”). These AI Terms govern your access to, and use of Pic-Time artificial intelligence developed, and made available through the Platform, including AI Photo Search, support chat AI, editing features, and other AI-enabled functionality made available through the Services (collectively, “AI Offering”). These AI Terms arena integral part of the Pic-Time Terms of Use, EULA or applicable Service Agreement (“Agreement”). Capitalized terms used but not defined herein shall have the meanings given to them in the Agreement or the Acceptable Use Policy (“AUP”), as applicable.
The Photographer understands that AI Offering is not mandatory and that the Services and Platform may be used without enabling AI technologies. The AI Offering clearly identifies in the Services and Documentation (“Supported by AI”), add a well-known AI symbol or an affirmative opt-in consent request, all, depending on the applicable feature and its sensitivity.
The AI Offering are available only under paid subscriptions and are not available in the free version. Notwithstanding the foregoing, Pic-Time may, from time to time, make certain AI Offering features available at no charge (especially new features), however, Pic-Time reserves the right, at any time and in its sole discretion, to require payment for any such features.
THESE AI TERMS SET FORTH THE TERMS AND CONDITIONS UNDER WHICH THE PHOTOGRAPHER MAY USE THE AI OFFERING. BY USING ANY AI OFFERING, OPTING IN TO ENABLE THE AI OFFERING, THE PHOTOGRAPHER ACKNOWLEDGES THAT IT HAS READ, UNDERSTOOD AND AGREED TO BE BOUND BY THESE AI TERMS. THE PHOTOGRAPHER REPRESENTS AND WARRANTS THAT IT HAS FULL LEGAL AUTHORITY TO ENTER INTO THESE AI TERMS, AND, IF THE PHOTOGRAPHER IS ACTING ON BEHALF OF AN ORGANIZATION OR COMPANY, THAT IT HAS THE LEGAL AUTHORITY TO BIND SUCH ORGANIZATION OR COMPANY TO THESE AI TERMS.
- License: Pic-Time hereby grants the Photographer a limited, revocable, non-exclusive, non-transferable, and non-sublicensable license to use the AI Offering solely as part of, and in accordance with, the Services, the Agreement, the AUP and these AI Terms. As between the parties and to the extent permitted by applicable laws, the Photographer owns all inputs uploaded by it (i.e., images, photos, videos) and Pic-Time’s use of the input shall be solely to provide, improve and optimize the AI Offering provided to Photographer. Pic-Time ensures Photographers’ rights are protected, the AI Offering is developed internally and prevents third parties from gaining access, or training, scraping, and using photos and images for enriching models or AI systems.
- Consents: Photographer is solely responsible for ensuring that its use of AI Offering and complies with applicable local laws, providing required notices (made available by the Platform), and obtaining all required consents and authorizations (including from End Users and Guests) prior to enabling or using AI Offering (Specifically the AI Photo Search, Face Grouping, Selfie Search, or AI Image Filter) for any Gallery.
- Literacy: Photographer acknowledges that artificial intelligence is a developing and evolving field and that the AI Offering are intended to optimize the use of the Service, increase End User engagement and may be subject to limitations. Photographer shall educate its authorized users on responsible AI use. Pic Time provides documentation and information to support such literacy.
- Accuracy: Pic-Time does not guarantee the accuracy, completeness, or suitability of any results generated by AI Offering. The Photographer is responsible for its use of AI Offering including any decisions made, advice given, actions taken, and failures to act based on the use of AI Offering.
- Acceptable Use Policy: The use of the AI Offering is governed by and subject to the Responsible AI Acceptable Use Policy (https://www.pic-time.com/legal/ai-aup) and Documentation which are an integral part of these AI Terms and Photographers’ obligations.
- Pricing. https://www.pic-time.com/pricing/client-delivery-suite
- Pic-Time Responsibilities: AI Offering are developed internally and provided by Pic-Time. Pic-Time's developed models are intended to operate only within the relevant Gallery and within the relevant Photographer's Account, and is not designed or intended for identity verification, fraud detection, access control, or other security-related uses, and the Photographer must not use it for such purposes. The Photographer, or any third party on its behalf, including End User and Guests, shall not use AI Offering to process or provide any information that is sensitive or that should not be viewed by others, including Personal Data. Pic-Time constantly works to improve the AI Offering and make them more accurate, reliable, safe and beneficial. Given the probabilistic nature of machine learning, Photographer should evaluate the accuracy of any output as appropriate for the use case, including by using human review.
- Photographer Obligations and Restrictions: Photographer is responsible for its use of AI Offering including determining whether AI Offering is appropriate for the specific use. Photographer must not (and must not permit anyone else, including End User and Guests) to: (i) upload photos and images, videos, that either violates third-party rights or applicable laws or is intended, or would reasonably be expected, to do so; (ii) provide photos and images, videos, that includes Confidential Information or Personal Data; (iii) use the AI Offering in a manner that Photographer knows, or reasonably should have known, violates third-party rights or applicable laws, legal requirements related to data protection, intellectual property, export controls, sanctions; or (iv) use the AI Offering for any other purpose other than its internal business purposes, in accordance with the Agreement and these AI Terms.
- Requests and Corrections: The Photographer acknowledges that individuals may request correction of an incorrect face grouping or deletion of Face Data and agrees to provide a method for receiving such requests and to cooperate with Pic-Time in responding to and fulfilling such requests.
- Feedback: The Photographer may provide feedback regarding the AI Offering to legal@pic-time.com (“Feedback”). Feedback may include feedback on performance, missing features, and any bugs encountered during use of the AI Offering. Any Feedback provided grants Pic-Time a perpetual, irrevocable, non-exclusive, worldwide, fully paid, sub-licensable, and assignable license to incorporate such Feedback into the Platform or otherwise use it to improve the Services. The Photographer irrevocably waives any moral rights in such Feedback, to the extent permitted under applicable law. Pic-Time acknowledges that any Feedback is provided on an “as is” basis with no warranties of any kind.
- Disclaimer and Limitation of Liability: IN ADDITION TO ANY DISCLAIMERS SET FORTH IN THE AGREEMENT, AI OFFERING (INCLUDING AI PHOTO SEARCH) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PIC-TIME MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF AI OFFERING OR THE PROCESSING OR USE OF ANY INPUT, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF ACCURACY, COMPLETENESS, AVAILABILITY, SUITABILITY, RELIABILITY, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER PIC-TIME NOR ANY OF ITS AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA OR OTHER LOSSES, EVEN IF PIC-TIME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY UNDER THESE AI TERMS SHALL NOT EXCEED THE LOWER OF (I) ONE HUNDRED DOLLARS ($100); OR (II) THE FEES PAID IN CONSIDERATION OF THE AI OFFERING. THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
- Other Provisions: Except as expressly set forth in these AI Terms, the Agreement governs all other terms applicable to the AI Offering and these AI Terms, including confidentiality, data protection, limitation of liability, indemnification, and governing law and jurisdiction. In the event of a conflict between these AI Terms and the Agreement, these AI Terms prevail solely with respect to the AI Offering; otherwise, the Agreement shall prevail.
- Reporting: If the AI Offering, outputs or otherwise, generates problematic content (including text, code or insight) that should have been filtered, or can indicate model drifting or hallucinations please immediately notify Pic-Time at: legal@pic-time.com.