Terms of Service

Version Effective Date: [9/10/2024]

1. Service Availability and Quality

We are constantly improving the Services. The Services are subject to modification, including but not limited to the style of the Assets, the algorithms used to generate the Assets, and the features available to the Customer. No guarantees are made regarding the quality, stability, uptime, or reliability of the Services. Please do not rely on any specific attributes of the Services or the Assets. We will not be liable to You or Your downstream customers for any harm caused by Your reliance on the Service.

Both the Services and the Assets are provided to the Customer on an “AS IS” basis, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE.

You are solely responsible for determining the appropriateness of using or redistributing the Assets and assume any risks associated with using the Services.

Picnosia reserves the right to suspend or ban Your access to the Services at any time and for any reason.

2. Age Requirements

By accessing the Services, you confirm that you are at least 13 years old and meet the minimum age of digital consent in your country. If you are old enough to access the Services in your country but not old enough to provide consent, your parent or guardian must agree to these terms on your behalf.

3. Your Information

By using the Services, you may provide Picnosia with personal information such as your email address, username, payment information, image outputs, text prompts, and sample images you upload to the Service. Our privacy policy can be found here.

4. Content Rights

As a paid user, you retain full ownership of the Assets you create with the Services, to the extent permitted by applicable law. However, for free users, the generated Assets are owned by Picnosia.

By using the Services, you grant Picnosia a worldwide, non-exclusive, perpetual, royalty-free, irrevocable license to reproduce, prepare derivative works, publicly display, and distribute any content you input or generate with the Services, including the Assets.

5. DMCA and Takedown Policy

We respect the intellectual property rights of others. If you believe that material available through the Services violates your copyright, please contact us at "contact@picnosia.com".

6. Dispute Resolution and Governing Law

Any disputes arising out of these Terms will be resolved through binding arbitration under the rules of the relevant commercial arbitration body in your jurisdiction. This Agreement is governed by the laws of France.

7. Unlimited Service and Rate Limiting

If you purchase an unlimited plan, we will strive to provide you with unlimited access. However, we reserve the right to limit your usage in cases of abuse or to ensure service quality for other users.

8. Payment and Billing

You may cancel your subscription at any time, but no refunds will be given for the current subscription period. Additional information regarding billing, taxes, and refunds can be found on our subscription page.

9. Community Guidelines

Be respectful and refrain from creating offensive, violent, or illegal content. Any violations of our guidelines may result in suspension or banning from the Services.

10. Limitation of Liability and Indemnity

We are not liable for any indirect, special, or consequential damages. You agree to indemnify us from any claims arising from your use of the Services.

11. Miscellaneous

This Agreement is governed by the laws of France. Any surviving provisions will remain in effect after the termination of this Agreement, including intellectual property and privacy obligations.

12. Use of the Flux AI Model

By using features of this application that interact with the Flux AI Model, you agree to comply with the Flux Terms of Service (can be found here) provided by Black Forest Labs Inc. These terms govern your use of the Flux AI Model and related services.

Additionally, your use of this application is subject to our Privacy Policy, which explains how your data is collected, used, and protected. We recommend that you review both the Flux Terms of Service and our Privacy Policy before using these features.

If you have any questions about these terms, please contact us.