Terms of use

Last updated: 05/19/2026 

Hi, and welcome to Picta. We turn the photos on your phone into things you can hold, give, and hang on the wall. These Terms of Use (the “Terms”) are the agreement between you and Pictarine, Inc. (“Picta,” “we,” “us,” or “our”) for everything you do with Picta. 

We've tried to write these Terms in plain English wherever we can, but please read them carefully. If you create an account, place an order, or even just browse the Services (defined below), you're agreeing to these Terms and to our Privacy Policy. If something here doesn't work for you, please don't use Picta. 

HEADS-UP. SECTION 22 CONTAINS A BINDING ARBITRATION AGREEMENT AND A CLASS-ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS. SECTIONS 17 AND 18 LIMIT OUR LIABILITY AND DISCLAIM CERTAIN WARRANTIES. PLEASE READ THESE SECTIONS EXTRA-CAREFULLY. 

Picta is operated by Pictarine, Inc., a Delaware corporation. References to “Picta,” “we,” “us,” or “our” in these Terms mean Pictarine, Inc. References to “you” or “your” mean the person agreeing to these Terms. 

These Terms apply to: 

• our website picta.com/app and any successor site we operate (the “Sites”); 

• our mobile applications, including the Picta apps distributed via the Apple App Store and Google Play (the “Apps”); and 

• the products, software, content, and other features we make available through the Sites and Apps (together with the Sites and Apps, the “Services”). 

Other terms may also apply to specific Services, features, or promotions (for example, contest rules, gift-card terms, or referral-program terms). If those additional terms conflict with these Terms, the additional terms control for the specific Service, feature, or promotion they cover. Our Privacy Policy is incorporated into these Terms by reference and controls how we collect, use, and disclose personal information. 

Picta is intended for adults. You must be at least 18 years of age (or the age of majority in your state of residence, if higher) to create an account, place an order, or otherwise use the Services on your own behalf. By using the Services, you represent that you meet this requirement. 

The Services are not directed to children under 13, and we don't knowingly collect personal information from children under 13 in violation of the Children's Online Privacy Protection Act, 15 U.S.C. §§ 6501–6506 (“COPPA”). Several of our products (such as Little Hero Books or Playbooks) feature kids' photos — but the account and the order are placed by an adult parent or guardian. If you believe a child under 13 has created an account or provided us with personal information, please email support@picta.com so we can delete it. 

You may create a Picta account to save your projects, place orders, or check on your order history. If you create an account you agree to provide accurate, current, and complete information and to keep it up to date. You're responsible for keeping your password safe and for activity that occurs under your account to the extent it results from your failure to maintain that confidentiality or from your actual or apparent authorization. You will not be responsible for unauthorized use of your account that you report to us promptly after discovery, except to the extent it was caused by your own negligence or willful misconduct. 

If you suspect any unauthorized use of your account, please contact us right away at support@picta.com so we can help. 

The Services let you upload photos and other content, customize products from our catalog and have the product delivered to the address you give us at checkout. Availability, pricing, lead times, and fulfillment method vary by product and location, and we show you the specifics at checkout.  

Prices for our products and any service fees are displayed in the Services and may change at any time before you place an order. The price applicable to your order and charged to you is the price shown to you at checkout. 

Online payments are processed through a third-party payment platform we work with (such as Stripe). You authorize us and our payment processor to charge your selected payment method for the amount due. By submitting an order, you represent that you are authorized to use the payment method. 

All prices are subject to the delivery charges that are stated on our Services, as well as any applicable taxes, duties, fees, or levies. All prices are inclusive of value added tax (VAT) or goods and services tax (GST) at the appropriate rate, where applicable.  

Your order is an offer to buy. We accept it when we charge your payment method and your order enters production or ships, not when we send an order acknowledgment. We may decline or cancel an order — in whole or in part — before fulfillment for legitimate reasons, including suspected fraud, a problem with payment authorization, an obvious pricing or availability error, an identity-verification issue, a suspected violation of these Terms, or where applicable law prohibits the transaction. If we cancel an order after charging you, we'll issue a full refund to your original payment method. 

We want you to love what you get. If a product you receive is damaged or defective, please email  support@picta.com within 30 days of receipt. We will, at our option: reprint the product at no extra cost; or issue you a full refund of the purchase price. Your acceptance of an order is presumed if you don't tell us about a defect within 30 days of delivery (or, if your order never arrives, within a reasonable time after the expected delivery date). When you report a defect, please include the order number. 

What counts as a defect. Only technical defects that were avoidable with the technology available at production count as defects under this section. The following are not defects: 

• issues caused by the source photo (for example, low resolution, blur, or compression artifacts); 

• color differences between the on-screen preview and the printed product (your screen and our printer may render color differently); and 

• minor size variations — our products are made on a per-order basis and small deviations are normal. 

“Submissions” means the photos, images, designs, captions, prompts, comments, data, and other content you upload, paste, type, or otherwise provide to the Services. 

You keep ownership of your Submissions. Picta doesn't claim ownership of your photos. 

To operate Picta and to make and deliver the products you order, you grant Picta a worldwide, non-exclusive, royalty-free, limited license — with the right to sublicense to our service providers and fulfillment partners who are bound by confidentiality and use restrictions consistent with these Terms — to host, store, transmit, reproduce, modify (only as needed for technical processing, formatting, layout, and printing, and for AI features you have opted in to or have not opted out of as described in Section 9), and create derivative works of your Submissions, in each case solely to: 

• provide and improve the Services for you; 

• fulfill orders you place (including showing you proofs and mockups); 

• communicate with you about your account and orders; and 

• provide customer support. 

When you upload a photo, we keep it as needed to fulfill your orders. You can ask us to delete a Submission at any time through your account or by emailing support@picta.com — we will delete it from active production systems within 30 days of receipt of your request, subject to the limited exceptions in Section 8.2. 

By providing a Submission, you represent and warrant that: 

• the Submission is yours, or you have all the rights you need to upload it to Picta and to grant the license in Section 8.2; 

• the Submission doesn't infringe or violate anyone else's intellectual-property, privacy, publicity, or other rights; 

• you have permission from every identifiable individual who appears in the Submission to let Picta use the Submission in the ways described in these Terms — and where any identifiable individual is under 18 or is otherwise legally incompetent, you have permission from their parent or legal guardian (and you'll give us a copy of that consent if we reasonably ask); 

• the Submission isn't Prohibited Content (Section 8.5); and 

You agree not to upload, post, send, submit, publish, transmit, or use the Services to generate content (including AI inputs and outputs) that: 

• is unlawful, fraudulent, defamatory, libelous, obscene, abusive, harassing, threatening, hateful, or invades someone's privacy or right of publicity; 

• is child sexual abuse material or any sexualized depiction of a minor  

• is a non-consensual intimate visual depiction of an identifiable individual (whether authentic or computer-generated) or analogous state law (see Section 16); 

• infringes or misappropriates any patent, copyright, trademark, trade-secret, right-of-publicity, or other intellectual-property or proprietary right of any third party, or that removes any copyright or other proprietary notice; 

• contains viruses, worms, Trojan horses, or other malicious code, or that interferes with the security or integrity of the Services; 

• is unsolicited advertising, spam, or a chain letter; or 

• violates any applicable law or regulation, including export, sanctions, and privacy laws. 

We don't pre-screen Submissions, but we may use automated tools (including image-hashing technologies such as PhotoDNA) to detect Prohibited Content. We may remove or refuse Submissions that violate these Terms or applicable law. Where we can, we'll let you know — but in an emergency, or where law or a court order requires, we may act first. 

We use artificial intelligence (“AI”) in two different ways inside Picta. We want to be clear about each. 

For traditional photo products, you can choose — on an order-by-order basis — to apply optional AI-based photo-quality enhancement. These tools work on the technical aspects of an image: sharpening, denoising, resolution upscaling, brightness, contrast, color balance, and layout/composition for collages. 

If you don't opt in to this feature for an order, we don't apply it and we don't share your photographs with the AI infrastructure provider for that purpose. You can still place the order using our other features. Although results are produced automatically, we may sample outputs to catch technical errors and to monitor for bias or unfair treatment. 

Our AI-Generated Products — Illustrative Posters, Little Hero Books, Playbooks, Botanical Posters, Coloring Books, Coloring Cards, Paint By Number books, and Look & Find books — are produced using generative AI models that take your inputs (photos, prompts, and selections) and create a new, transformative visual work. 

By placing an order for an AI-Generated Product, you understand and agree that: 

• the resulting output is a stylized, illustrative, or otherwise transformative interpretation of your inputs; 

• it may include synthetic, fictional, or imagined elements (such as illustrated backgrounds, characters, costumes, scenes, or compositional changes); 

• it is not a faithful photographic reproduction of your input, and may contain artifacts or inaccuracies; 

• AI-Generated Products are creative works intended for personal, non-commercial enjoyment — they're not represented as accurate depictions of real persons, places, or events; and 

• AI-Generated Products are provided “as is” subject to Sections 17 and 18. 

Our Privacy Policy describes how we collect, use, and disclose personal information when you use the Services. The Privacy Policy is incorporated into these Terms by reference, and where the Privacy Policy and these Terms conflict on the subject of personal-information handling, the Privacy Policy controls. 

Other than your Submissions, the Services and everything in them — including text, images, designs, software, templates, layouts, illustrations, AI models we develop, and the Picta brand — are owned by Picta or our licensors and are protected by U.S. and international copyright, trademark, patent, trade-secret, and other intellectual-property laws. 

Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to access and use the Services for your own personal, non-commercial enjoyment. Except as expressly permitted, you may not (and you may not let anyone else): (a) copy, distribute, publish, modify, translate, or create derivative works of the Services; (b) reverse-engineer, decompile, or disassemble any of our software; (c) scrape, crawl, or use automated means to extract data from the Services; (d) frame, mirror, or co-brand the Services; (e) sell or resell access to the Services; or (f) use any Submission, AI output, or other content of the Services to train, fine-tune, or improve any AI model, except as we have expressly permitted in writing. 

Templates and layouts. The templates, layouts, designs, and design assets we provide to you to arrange or organize your Submissions are not yours — those rights stay with us. 

Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to download, install, and use our Apps and our Sites, in each case solely for the purposes described in these Terms. The Apps and Sites are provided to you, not sold. 

Session recording and analytics. We may record screen interactions and similar telemetry inside our Apps and Sites for debugging, security, fraud prevention, and product improvement.  

Disclaimer. The Apps and Sites are provided “as is” to the fullest extent permitted by law. Sections 19 and 20 apply to your use of the Apps and Sites. 

The Services may link to or integrate with websites, apps, or services owned or operated by third parties (“Third-Party Services”). We don't control Third-Party Services, and we're not responsible for their content, products, services, or privacy practices. Your use of Third-Party Services is at your own risk and is governed by the terms and privacy practices of those Third-Party Services. We provide links only as a convenience, and a link doesn't mean we endorse the Third-Party Service. 

If you provide us with your mobile phone number while using Picta’s Services , you give us your prior express written consent under to send you recurring automated marketing, promotional, and informational text messages from Picta to that number. Messages may include promotional offers, new product announcements, cart reminders, account updates, security alerts, and order-related information. 

Your consent isn't a condition of any purchase. Message and data rates may apply. Message frequency depends on your activity. 

To opt out, text STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any marketing message you receive from us. We'll send one final message confirming you've been unsubscribed. 

For help, text HELP to any message from us, or email support@picta.com . 

By opting in, you confirm that you're the subscriber or customary user of the number you've provided and that you're authorized to consent to text messages at that number. Please let us know if your number changes. 

Delivery of text messages depends on your wireless carrier, and we and the carriers aren't liable for delayed or undelivered messages. 

We respect intellectual-property rights and expect Picta users to do the same. Under the Digital Millennium Copyright Act, 17 U.S.C. § 512, we'll respond to properly submitted notices of alleged copyright infringement. 

Where to send notices. Notices of alleged copyright infringement should be sent to our designated DMCA Agent: 

Goodcounsel, LLC, Attn: DMCA Compliance 

1 E Erie St., Ste 525 #412, Chicago, IL 60603, United States 

Phone: (773) 245-6708 

Email: dmca@mygoodcounsel.com  

Your notice should include: 

• a description of the copyrighted work you say has been infringed; 

• a description of where on the Services the allegedly infringing material is located; 

• your contact information (and, if different, the alleged infringer's contact information); 

• a statement that you believe in good faith that the use isn't authorized by the copyright owner, its agent, or the law; 

• a statement, under penalty of perjury, that the information in the notice is correct and that you are authorized to act on behalf of the rights owner; and 

• your electronic or physical signature. 

Counter-notices. If you believe a notice was filed in error or misidentifies your material, you can send us a counter-notice that meets the requirements of 17 U.S.C. § 512(g)(3). Misrepresentations in a notice or counter-notice can expose you to liability. 

Repeat-infringer policy. We have a policy of terminating, in appropriate circumstances, the accounts of users who are repeat infringers, taking into account the nature and frequency of alleged infringements and any counter-notices received. 

You agree not to use the Services to violate the law or the security of the Services or others, including by: (a) accessing accounts or images that aren't yours or that you aren't authorized to access; (b) probing or testing the vulnerability of the Services or breaching any security or authentication measures; (c) interfering with any user, host, or network; (d) sending unsolicited communications; (e) forging packet headers or email information; (f) reverse engineering, modifying, or making derivative works of any of our software; (g) creating an app or site that misrepresents itself as Picta; (h) reselling the Services; or (i) attempting to hack our systems. 

If we reasonably suspect a violation, we may investigate and cooperate with law enforcement as required by law. We may release account information (including profile, email, usage history, posted material, and IP address) to law enforcement, regulators, or security teams as required by law or court order, or as reasonably necessary to address a serious security incident. 

EXCEPT FOR THE EXPRESS LIMITED REMEDY IN SECTION 7 AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, PRODUCTS, AND ALL MATERIALS PROVIDED THROUGH THEM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PICTA AND ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. 

Without limiting the above, we don't warrant that: 

• the Services will be uninterrupted or error-free, or that defects will be corrected; 

• the Services or our servers are free of viruses or other harmful components; 

• any AI-Generated Product, AI-based recommendation, or other AI output is accurate, complete, free of bias, or fit for any particular use — AI outputs are for personal enjoyment and are not intended for any decision-making about an individual; 

• any content is accurate or free of typographical errors; or 

• any product or service offered through the Services is recommended or endorsed by us beyond what we expressly say. 

Some jurisdictions don't allow the disclaimer of certain warranties. To the extent the law doesn't allow these disclaimers, they don't apply to you, and nothing in these Terms waives non-waivable consumer-protection rights. 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND SUBJECT TO THE CARVE-OUTS BELOW, NEITHER PICTA NOR ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS (THE “PICTA PARTIES”) WILL HAVE ANY LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT, INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST DATA, OR LOSS OF GOODWILL, EVEN IF A PICTA PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

EXCEPT FOR THE CARVE-OUTS BELOW, THE AGGREGATE LIABILITY OF THE PICTA PARTIES FOR ANY AND ALL CLAIMS RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID PICTA IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY OR (B) FIVE HUNDRED U.S. DOLLARS ($500.00). 

Some jurisdictions don't allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you to the extent the law prohibits them. 

Your indemnity. To the maximum extent permitted by law, you'll defend, indemnify, and hold Picta and the Picta Parties harmless from and against any third-party claims, liabilities, damages, and expenses (including reasonable attorneys' fees) arising out of or relating to: 

• your breach of any representation, warranty, or covenant in these Terms; 

• your Submissions, including any claim that they infringe a third party's rights or constitute Prohibited Content; 

• your willful misconduct, fraud, or violation of applicable law; or 

• your use of the Services other than as expressly permitted by these Terms. 

Picta reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any claim for which you are obligated to provide indemnification under this section. You will fully cooperate as reasonably required in the defense of any claim. 

We may update these Terms from time to time. The current version is always posted at picta.com/terms-of-use (or its successor URL) with the “Last updated” date at the top. For material changes— we'll give you at least 30 days' advance notice by email (to the address on file) or by a prominent in-product notice before the change takes effect. 

If you don't agree to a material change, your sole remedy is to stop using the Services and close your account. The prior version of these Terms will continue to govern any orders we accepted before the effective date of the change. 

You can close your account at any time through the Apps or by emailing support@picta.com. 

We can suspend or terminate your account and your access to the Services: (a) immediately, on notice, if you materially breach these Terms, engage in fraudulent or unlawful activity, post Prohibited Content, or fail to pay amounts due; or (b) for any other reason, on at least 30 days' prior notice to the email address on file. If we suspend or terminate, we'll try to fulfill any orders we've already accepted, and we'll give you a reasonable opportunity (at least 30 days, unless the law or a court order says otherwise) to download any Submissions still in your account. 

Survival. Provisions that by their nature should survive termination will survive. 

THIS SECTION CONTAINS A BINDING ARBITRATION AGREEMENT AND A CLASS-ACTION WAIVER. UNLESS YOU OPT OUT AS DESCRIBED BELOW, YOU AND PICTA AGREE TO RESOLVE DISPUTES THROUGH INDIVIDUAL ARBITRATION RATHER THAN IN COURT, AND YOU WAIVE THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS OR REPRESENTATIVE PROCEEDING. 

Before starting an arbitration or filing a small-claims case, you and Picta agree to try to resolve the dispute in good faith. Please send a written notice describing the claim, the relief you're seeking, and your contact information to support@picta.com  We will respond to the email on file for your account. We'll negotiate in good faith for at least 30 days before either party starts an arbitration or court proceeding. This informal-resolution step is a condition precedent to arbitration and to filing in court. 

Either party may bring an individual action in small-claims court for any dispute that's within that court's jurisdiction, instead of arbitrating. 

Any dispute that isn't resolved through informal resolution and that doesn't fit in small-claims court will be resolved by binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules and Consumer Due Process Protocol then in effect. The Federal Arbitration Act, 9 U.S.C. §§ 1–16, governs the interpretation and enforcement of this Section 24. The arbitrator will issue a written decision sufficient to explain the essential findings and conclusions. 

Where and how. The seat of arbitration is Chicago, Illinois, but you may elect to have the arbitration take place by telephone, video, or in the county where you live. The arbitrator may require an in-person hearing only on good cause shown. 

Fees. Picta will pay all AAA filing, administrative, and arbitrator fees that exceed the amount you would have paid to file the same claim in a court of competent jurisdiction. Each party will bear its own attorneys' fees, except as required or permitted by applicable law. 

Authority. The arbitrator can award the same individual relief that a court could award and can decide threshold questions about the scope and enforceability of this Section 24. 

You and Picta agree to bring claims against each other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Each of you and Picta is waiving the right to a trial by jury and the right to participate in a class action. 

Except where applicable law provides a longer non-shortenable period, any claim or cause of action arising out of or relating to the Services or these Terms must be filed within one (1) year after the claim arose, or it's barred. This limitation doesn't apply to claims by Picta for amounts owed or for injunctive relief related to Sections 12, 8, or 18. 

You can opt out of this Section (including the class-action waiver) by sending a written opt-out notice to support@picta.com with the subject line “Arbitration Opt-Out” within 30 days after you first accept these Terms or any material amendment to this Section. Your notice must include your full name, the email address on your account, and a clear statement that you opt out. Opt-out doesn't affect any other provision of these Terms. 

If the class-action waiver is held unenforceable as to a particular claim or remedy, the rest of this Section 24 still applies, but the unenforceable claim or remedy will be decided in court after all other claims have been arbitrated. If the entirety of this Section is held unenforceable, disputes will be decided in court under Section 23. 

Governing law. These Terms, and your use of the Services, are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules. 

Venue. For any dispute that isn't subject to arbitration under Section 22, you and Picta consent to the exclusive jurisdiction of the state and federal courts located in New Castle County, Delaware (and, where federal jurisdiction is appropriate, the United States District Court for the District of Delaware). 

Assignment. We may assign these Terms (including by operation of law in connection with a merger, acquisition, or sale of assets) without your consent. You can't assign these Terms without our prior written consent, and any prohibited assignment is void. 

Force majeure. Neither party is liable for any delay or failure to perform that's caused by events outside its reasonable control, such as acts of God, war, terrorism, civil unrest, pandemics, government action, labor disputes, internet or carrier failures, or natural disasters. 

Severability and reformation. If any provision of these Terms is held invalid or unenforceable, the rest stays in force, and the unenforceable provision will be reformed to the minimum extent necessary to make it enforceable. 

Order of precedence. If these Terms conflict with product-specific or feature-specific terms presented to you for a particular product or feature, the product- or feature-specific terms control for that product or feature. The Privacy Policy controls for personal-information handling. 

No waiver. Our failure to enforce any right or provision isn't a waiver of that right or provision. 

Entire agreement. These Terms, together with the Privacy Policy and any additional terms incorporated by reference, are the entire agreement between you and Picta about the Services and supersede any prior or contemporaneous understandings. 

Notices. Notices we send you will be sent by email to the address on your account or by an in-product notice and are effective when sent. Notices to us should be sent to support@picta.com .  

Under California Civil Code § 1789.3, California users are entitled to the following consumer-rights notice. You can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 N. Market Blvd., Suite N-112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. 

Last updated: 05/19/2026. © Pictarine, Inc. All rights reserved.