Terms and Conditions

September 5th, 2025 

Welcome to Pictarine, please read these Terms of Use (“Terms”) carefully as they govern your use of and access to any and all of Pictarines’ websites, mobile sites, and applications (collectively, our “Platforms”), as well as Pictarine’s provision of products and services. By using or otherwise accessing any of Pictarine’s Platforms that link to these Terms you are signifying your consent to these Terms. Any products ordered or services used through any of Pictarine’s Platforms are also subject to these Terms. 

These Terms help define the relationship between any person (“you” or “User”) and Pictarine, Inc. And its affiliates (“Pictarine,” “we,” “us,” “our,”) together the “parties”. We encourage you to save these Terms for future reference.  

YOU ACKNOWLEDGE THAT YOU HAVE READ AND REVIEWED THESE TERMS IN THEIR ENTIRETY, YOU AGREE TO COMPLY WITH THE ENTIRETY OF THESE TERMS AND THESE TERMS CONSTITUTE BINDING AND ENFORCEABLE OBLIGATIONS ON YOU.  

NOTE: THESE TERMS CONTAIN AN ARBITRATION PROVISION IN SECTION 19 BELOW THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO ANY DISPUTE BETWEEN YOU AND US OR OUR AFFILIATES. HOWEVER, IF AN APPLICABLE LAW WHERE YOU RESIDE PROHIBITS SUCH A WAIVER OR GIVES YOU THE RIGHT TO RESOLVE YOUR DISPUTE OR CLAIM BEFORE THE COURTS OF THAT JURISDICTION NOTWITHSTANDING YOUR AGREEMENT TO ARBITRATION, YOU MAY HAVE ADDITIONAL RIGHTS.  

1. HOW THE PLATFORMS WORK  

 When you select photos from your device through the Platforms, Pictarine will store such photos in the cloud. You agree for Pictarine to store your photos, including photos that you have customized. Pictarine may delete, move, or edit Submissions for any reason, without notice.

When you choose to print your photos through the Platforms, your photos may be sent to a third party to be printed. You agree that, by clicking “pay” or otherwise assenting to printing your photos, that Pictarine has your permission to transfer your photos to such third party for printing. 

We’re constantly developing new technologies and features to improve our Platforms. For example, we use artificial intelligence and machine learning to offer photo and service enhancement features. 

Descriptions, images, references, features, content, specifications, products, price and availability of any products or services are subject to change without notice (unless prohibited by applicable law), and our current prices can be found on our Platforms. We make reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on our Platforms at a particular time does not imply or warrant that these products or services will be available at any time.  

It is your responsibility to ascertain and obey all applicable local, state, provincial, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any product purchased through our Platforms. By placing an order, you represent that the products ordered will be used only in a lawful manner. We reserve the right, with or without prior notice, to limit the available quantity of or discontinue any product or service; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all purchase(s); and/or to refuse to provide any user with any product or service. 

2.USER ACCOUNT   

You may create a member account on our Platforms by registering your name, providing certain information about yourself, and creating a password. You agree that you will provide and maintain complete, current and accurate information about yourself,  including your contact information for notices and other communications from us. You agree that you will not share your account or account information with others. You are responsible for taking reasonable steps to maintain the confidentiality of your username and password, and you are responsible for all activities under your account that you can reasonably control. You agree to promptly notify us of any unauthorized use of your username, password or other account information, or of any other breach of security that you become aware of involving your account or the Platforms. 

In order to use any of our Platforms, you must be at least 18 years of age, or the legal age of majority where you reside, if that age is greater, and you. You represent to us that you are at least 18 years old. If you are not, please do not use any of our Platforms.  

3. MAKING PURCHASES, ORDERING AND PAYMENT 

If you wish to purchase any products or services through our Platforms, we will ask you to supply certain information related to your purchase, including, without limitation, payment and other information. When you provide payment information, you represent and warrant that the information is accurate, that you are authorized to use the payment method provided, and that you will notify us of changes to the payment information.  

Payments made via the Platforms will be made using trusted third-party payment processors. 

When you place an order for on our Platforms, you permit Pictarine to charge the credit card, debit card or other payment method that you have chosen for your purchase in the total amount of your order (including any shipping charges and taxes). 

Pictarine reserves the right to reject your order. For example, Pictarine may reject your order if you are purchasing within or shipping to a country we do not support, if you order more than the permitted maximum number of Products or if your order contains content which infringes these Terms. 

In order to process your order and to protect you and Pictarine from fraudulent transactions, you consent that Pictarine may provide your order information to reputable third parties to perform address verifications and to assist in fulfilling or delivering your order. 

You agree to pay all charges incurred by you at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. Verification of information applicable to a purchase may be required prior to our acceptance of any order.  

Product and service prices displayed on the Platforms do not include any delivery charges or applicable taxes. Information about delivery charges and applicable taxes are presented on the checkout page before you place your order. 

All prices displayed on the Platforms are subject to change at any time without notice. 

Pictarine may provide promotional offers or prices related to the sale of its products and services. If so, any terms applicable to such promotional offers or prices will control in the event of a conflict with these Terms. 

If you are picking up an order at a local retailer partner of Pictarine, you may be charged an Online Deposit. Online Deposit herein refers to an amount in CAD dollars due by you to Pictarine in order to confirm your purchase. Any Online Deposit amount will be visible at checkout and must be paid at the time you accept the order by clicking "Pay", or similarly expressing acceptance where other options exist on the Platforms. The balance of payment due by you for the order will be charged upon pick up at the retailer selected by you at checkout. If you have your order delivered, you will be charged the full amount of the order, including the Online Deposit, upon clicking “Pay”, or similarly expressing acceptance where other options exist, on the Platforms.  

4. PICK UP & DELIVERY 

In-store pickup or delivery may only be available in certain locations. You will be alerted if the address or the location you provide for either in-store pickup or delivery are not available. 

In case of in-store pick-up, if you fail to pick your order, you will not receive a refund for any payments or fees paid for such order to Pictarine. 

Title and risk of loss for any purchases made for the delivery of photos directly to you pass to you upon our delivery to our carrier. Pictarine is not responsible for any lost or stolen delivery. Our carrier may require a secure location to leave your delivery in the event that you are not home when a delivery attempt is made. We may ship partial orders (at no additional cost to you), and the portion of any order that is partially shipped may be charged at the time of shipment. 

Any delivery dates or times provided by Pictarine (or a delivery carrier) are only estimates and are not guaranteed. 

5. DAMAGED PRODUCT; RETURNS 

If the products you receive are damaged or defective, you may request that they be reprinted at no charge to you by sending a request to [email protected] within 30 days of receipt of the damaged or defective products. Products are not considered “damaged” or “defective” if the photos submitted by you to Pictarine  are themselves defective (i.e., blurry or out of focus, improperly cropped, corrupted data).  

If you do not wish to receive a reprint of the photos, or if such reprint is not possible, your sole remedy is to receive a full refund of your payment made to Pictarine, including the Online Deposit. Where part of the payment was made at a local retailer, you shall reach out separately to such local retailer in order to obtain the partial refund. 

6. TERMINATION 

Either you or we may terminate your access to our Platforms and to your account at any time, with or without cause, and with or without prior notice unless otherwise prohibited by applicable law. Without limiting the foregoing, we may terminate your access to our Platforms if you violate these Terms. Upon termination for any reason, your right to access and/or use our Platforms will immediately cease.  

Upon termination, you will have no further access to, and we may delete, any information, files or materials in or related to you, including without limitation your account, any User Content, and we will have no obligation whatsoever to save or make any such information, files or materials available to you.  

You agree that we will have no liability whatsoever to you or any other party as a result of a termination of your access our Platforms and/or as a result of the deletion or loss of any information, files or User Content in or related to your use of our Platforms. 

 All provisions of these Terms which by their nature should survive termination will survive, including, ownership provisions, warranty disclaimers, indemnity and limitations of liability. 

7. PRIVACY 

Besides these Terms, Pictarine also has a Privacy Policy which can be found on the Platforms. Our Privacy Policy is not part of these Terms but it describes how Pictarine collects, uses and shares the information that we receive from you. 

8. RESTRICTIONS ON USE 

You may access the Platforms only for your personal, non-commercial use. You may not use the Platforms for any other purpose. You may not, for example, (a) modify, publish, distribute, transmit, systematically download, use automated means to index or extract data from, participate in the transfer or sale or rental of, sublicense, translate, create derivative works from, frame, co-brand, or in any way exploit any part of the Platforms other than for personal use or as specifically permitted in these Terms, without Pictarine’s prior written consent, or (b) use the Platforms in any harmful or illegal manner or interfere with any party’s use or enjoyment of the  Platforms, or (c) access or use any part of the Platforms to build a competitive service. Any unauthorized use of the Platforms and the Materials is prohibited. You agree to cooperate with Pictarine in causing any unauthorized use of the Platforms to immediately cease. 

9. OWNERSHIP OF THE PLATFORMS & MATERIALS 

The Platforms and underlying software made available to you, are owned or licensed by Pictarine. We hereby grant to you a limited, personal, non-exclusive, non-transferable, revocable license to download, install and use our Platforms, in accordance with these Terms and for no other purpose. You may not copy, modify, distribute, sell, or lease any part of the Platforms or related software. 

THE PLATFORMS ARE PROVIDED “AS IS,” AND ANY OTHER WARRANTY, WHETHER EXPRESS OR IMPLIED, IS HEREBY DISCLAIMED. THE LIMITATION OF LIABILITY PROVIDED IN SECTION 16 OF THESE TERMS ALSO APPLIES TO YOUR USE OF THE PLATFORMS.  

The material accessible on the Platforms, including text, data, images, interfaces and other materials or works of authorship (the “Materials”) are owned or licensed by Pictarine. You agree that the Platforms and the Materials are protected by copyrights, trademarks, patents or other proprietary rights and laws (together referred to as "Intellectual Property"). 

Pictarine's name, logos, and other product and service identifiers are Pictarine's Intellectual Property. The trademarks appearing on the Platforms are registered and unregistered trademarks of Pictarine or others. No rights are granted to you in these trademarks. Use of the Platforms and the information contained, in no way constitutes granting by Pictarine of any license or right to use any marks displayed on the Platforms. 

You may not copy, distribute, republish, upload, post, or transmit the Materials in any way without the prior written consent of Pictarine, except that you may print out limited portions of the Material solely for your personal use. You may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Material. 

10. INTERNET CONNECTION AND DATA USAGE 

You must have an active internet connection for the Platforms to function properly. Data charges may apply according to your mobile or internet service provider’s plan. The Platforms may automatically collect and transmit non-personally identifiable technical and usage data as part of their normal operation. By using the Platforms, you acknowledge and agree to this automatic data collection and confirm that you have read and agreed to our Privacy Policy. 

11. USER CONTENT 

“User Content” means any photos, images, comments, data or other information, ideas or materials that Users provide to us via any post, upload, input or other means to the Platforms. You retain ownership of your User Content. You represent to Picatrine that you own or otherwise possess all of the rights to any User Content and that such content does not infringe any copyright or other intellectual property right of any third party. 

You may not post, send, submit, publish, or transmit in connection with the Platforms any User Content that (a) you do not have the right to submit, including proprietary material of any third party, (b) contains information obtained illegally or advocates illegal activity or discusses an intent to commit an illegal act, (c) is vulgar, abusive, obscene or threatening, (d) libels, defames, or invades the privacy of others, (e) seeks to harm or exploit children by exposing them to inappropriate content, (f) may create a risk of harm, loss, injury or distress to others, or (g) includes programs that contain viruses, worms, or any other malicious computer code. You are solely responsible for any violation under any theory of law that may be alleged relating to your Content, and any damages resulting therefrom. 

You agree that Pictarine is not responsible for any User Content that is shared by you with any third party, including social media platforms. 

You agree that Pictarine may copy, display, modify, transmit and make derivative works of your User Content solely for the purpose of providing the Platforms. You agree that you shall have no recourse against Pictarine for any alleged or actual infringement or misappropriation of any proprietary or other right in the User Content you provide to Pictarine.  

Pictarine has no obligation to monitor or screen User Content and is not responsible for what such User Content contains. However, without limiting the foregoing, Pictarine reserves the right, in its sole discretion, to monitor the use of its Platforms to determine compliance with these Terms. Pictarine may remove or refuse User Content at any time and for any reason or no reason. 

12. HYPERLINKS  

The Platforms may contain links to other websites that are not owned or operated by Pictarine. These linked websites are provided for your convenience, and Pictarine may receive commissions or other financial compensation from the owners of these websites. Links are to be accessed at your own risk. Pictarine has no control over other websites and is not liable for any content, advertising, products, services or other materials on or available from those websites, or for any information or data that such websites may monitor or collect from you should you chose to click on the hyperlinks. A link to a third-party website does not constitute an endorsement of such website by Pictarine or an acceptance of responsibility by Pictarine for the content or the use of such website. You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any link or third-party communication.  

13. DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE TO COPYRIGHT OWNERS 

Pictarine owns, protects and enforces copyrights in its Materials and respects the copyrights of others. Content may be made available on the Platforms, or via the Platforms, by third parties not within the control of Pictarine. It is our policy not to permit content known by us to be infringing copyrights to remain on the Platforms. 

In accordance with the Digital Millennium Copyright Act, or “DMCA”, you should notify the DMCA Agent listed below if you believe any materials displayed within the Platforms infringe your copyright; please send your notice by e-mail for prompt attention. Copyright laws of other countries similarly provide recourse for copyright owners who believe that material appearing on the Internet infringes their rights under those laws. Regardless of whether we are liable for such infringement, our response may include removing or disabling access to content claimed to be infringing activity and/or terminating the alleged infringer’s access to the Platforms. If we remove or disable access in response to your notice, we will make a good-faith attempt to contact the person who submitted the content so that they may have the opportunity to submit a counter notification. 

Send all takedown notices under United-States copyright law to our DMCA Agent listed below. Please send by email for prompt attention. 

DMCA Agent:  

Goodcounsel DMCA compliance Goodcounsel,  

LLC 1 E Erie St., Ste 525 #412  

Chicago, IL 60603  

Phone: 773-245-6708  

Email: [email protected] 

 

Our Business Information: 

Pictarine, Inc. 

46 rue Marco Polo, 3ème étage  

LABEGE 31670 

France 

Your notice of alleged copyright infringement should include:

Please note that under the DMCA, misrepresentations made in your notices or counter notices can expose you to liability for substantial damages. If you are not sure whether content available on the Platforms infringe your copyright, or whether User Content posted or uploaded to the Platforms by you is infringing, you should seek legal advice. 

14.  SECURITY AND SECURITY VIOLATIONS 

You may not attempt to violate the security of the Platforms, or use the Platforms to violate the security of other persons or websites or to violate the law, including by: (a) accessing photos or other data not owned by or intended for you, (b) attempting to probe, scan or test the vulnerability of the Platforms or to breach security or authentication measures, including but not limited to using any network monitoring or discovery software or manual process to determine the Platforms’ architecture or extract information about usage, individual identities or users, (c) attempting to interfere with service to any User, host or network, including without limitation, by submitting a virus to the Platforms, (d) sending unsolicited e-mail, (e) forging any TCP/IP packet header or any part of the header information in any e-mail, (f) attempting to reverse engineer, alter, make derivative works of, copy, disassemble or modify any of the software making up any part of the Platforms, (g) creating another mobile application or website and claiming that it is associated with Pictarine or the Platforms , (h) reselling the services and/or products from the Platforms, or (i) hacking into Pictarine’s systems or network. 

Pictarine will take all reasonably necessary steps to investigate suspected violations of these Terms. Pictarine reserves the right to involve and fully cooperate with any law enforcement authorities and comply with court orders requesting or directing Pictarine to disclose the identity of anyone engaging in conduct that is believed to violate the law. Pictarine further reserves the right, in its discretion, to release your details, including but not limited to user profiles, e-mail addresses, usage history, posted material and IP addresses, to law enforcement officials, regulators and system administrators at other sites in order to assist them in resolving security incidents. 

You release Pictarine from and against any action taken by Pictarine during or as a result of its investigations and from any actions taken as a consequence of investigations by either Pictarine or law enforcement authorities. 

15. DISCLAIMER OF WARRANTIES 

LAWS OF CERTAIN JURISDICTIONS, INCLUDING THE PROVINCE OF QUEBEC, MAY NOT ALLOW FOR LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.  

Your use of the Platforms is at your own risk. The Platforms are provided on an “as is” and “as available” basis. Pictarine disclaims any warranties, express or implied, including any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement, and any warranties resulting from or arising out of course of dealing or usage of trade.  

By way of illustration, and without limiting the generality of the disclaimer in the paragraph above, Pictarine disclaims any warranty that: 

LAWS OF CERTAIN JURISDICTIONS, INCLUDING THE PROVINCE OF QUEBEC, MAY NOT ALLOW FOR EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.  

Pictarine, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors shall not be liable for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary, or other damages, loss, injury, claim or liability of any kind, including, without limitation, loss of revenue or income, pain and suffering, emotional distress, attorneys' fees or similar damages, resulting from or arising in connection with the use of or inability to use the Platforms, even if Pictarine has been advised of the possibility of such damages.  

Pictarine shall not be liable for any errors or defects in the results generated by the AI tools, particularly regarding photo enhancement. While efforts are made to ensure the proper functioning of the tools, accuracy is not guaranteed, and the use of AI tools is at your own risk. 

To the extent the foregoing limitation of liability is prohibited or fails to its essential purpose, in no event will the liability or collective liability of Pictarine and its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors to any party (regardless of the form of action, whether in contract, tort, or otherwise) exceed the greater of $500.00 (five hundred US Dollars) or the amount that you have paid to Pictarine in connection with your use of the Platforms during the most recent 12-month period. 

17. INDEMNIFICATION 

To the maximum extent permitted by law, you agree to  indemnify hold Pictarine, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, directors and third party users harmless from and against all  claims, causes of action, liabilities, damages, losses and expenses, including legal fees and costs, relating directly or indirectly from your use of the Platforms or your breach of any : (i) your violation of these Terms, any other agreement or terms of use with us, any representation or warranty contained herein or therein or any applicable law; (ii) your User Content; or (iii) your activities in connection with obtaining any products or services from us. Pictarine 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 shall fully cooperate as reasonably required in the defense of any claim. 

18. AMENDMENT 

Pictarine reserves the right to make changes to these Terms from time to time for any reason including but not limited to making changes to reflect applicable law, to update our products and services or their features, to help ensure better service functionality and/or to modify payment terms or pricing. We may revise these Terms by posting a revised version on our Platforms which will be effective immediately upon publication or by providing notice to you 30 days in advance, where required by applicable law. UNLESS OTHERWISE PROHIBITED BY APPLICABLE LAW, YOUR CONTINUED USE OF ANY OF THE PLATFORMS AFTER WE POST ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES. 

19. DISPUTE RESOLUTION; WAIVER 

All disputes relating to the interpretation of these Terms or the rights of the parties hereunder will be exclusively settled by arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules. Disputes involving $75,000 or less shall use the AAA’s Expedited Rules. The parties shall mutually agree upon a single commercial arbitrator, and in the absence of agreement, the AAA shall select the arbitrator. The place of arbitration shall be Chicago, Illinois. The parties will share equally in the costs of arbitration payable to the AAA, including the arbitrator. The award of the arbitrator will be accompanied by a reasoned opinion. Judgment on an arbitration award may be entered in accordance with the Federal Arbitration Act in any federal court having jurisdiction. except if an applicable law in your province of residence gives you the right to resolve your dispute or claim before the courts of that province notwithstanding your agreement to arbitrate, in which case you may elect either to do so or to proceed in arbitration or through small claims court, at your choice. 

You acknowledge and agree that you and Pictarine are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Pictarine otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. 

The parties to this agreement may, notwithstanding the above, seek equitable relief in any proper court to enjoin a breach or threatened breach of any obligations under this agreement that might cause irreparable harm (without any requirement to post bond). 

20. GOVERNING LAW, VENUE, STATUTE OF LIMITATION 

These Terms and your relationship with Pictarine (past, present and in the future) shall be governed and interpreted pursuant to the laws of the State of Delaware, USA, without regard to its choice of law rules. The courts in some jurisdictions will not apply Delaware laws to some types of disputes. If you reside in one of those jurisdictions, then where Delaware law is excluded from applying, your jurisdiction’s laws will apply to such disputes related to these Terms.  

The parties agree that the exclusive venue for any dispute relating to this agreement will be in, and specifically consent to the personal jurisdiction of, the state and federal courts located in Delaware. Similarly, if the courts in your jurisdiction will not permit you to consent to the jurisdiction and venue of the state and federal courts located in Delaware, then your local jurisdiction and venue will apply to such disputes related to these Terms.  

If any part of these Terms is held to be invalid, void, or unenforceable, it will not affect the validity and enforceability of the remaining provisions of these Terms.  

21. NOTICES 

Any notices permitted or required hereunder will be made in writing via e-mail, to the address you last provided when using the Platforms, or any other appropriate means, and will be effective upon transmission. 

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