PicTrump.com Terms of Use and Privacy Policy
Last updated and effective date: October 2, 2024
Terms of Use
PLEASE READ THESE TERMS OF USE ("AGREEMENT" OR "TERMS OF USE") CAREFULLY BEFORE USING THE SERVICES OFFERED BY PICTRUMP.COM. THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE PICTRUMP WEBSITE AND ALL RELATED SERVICES, INCLUDING, WITHOUT LIMITATION, ANY FEATURES, CONTENT, WEBSITES (INCLUDING PICTRUMP.COM) OR APPLICATIONS OFFERED FROM TIME TO TIME BY PICTRUMP IN CONNECTION THEREWITH (COLLECTIVELY "SERVICE(S)"). BY USING THE SERVICES IN ANY MANNER, YOU AGREE TO BE BOUND BY THIS AGREEMENT.
Acceptance of Terms of Use
The Service is offered subject to acceptance without modification of all of these Terms of Use and all other operating rules, policies and procedures that may be published from time to time in connection with the Services by PicTrump. In addition, some services offered through the Service may be subject to additional terms and conditions promulgated by PicTrump from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference.
PicTrump may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in such jurisdictions.
Rules and Conduct
By using the PicTrump app, you agree that the Service is intended solely for the purpose of creating AI models of yourself or other individuals for whom you have obtained explicit consent. You acknowledge and agree that when creating AI models of other individuals, you must have their express permission to use their photos and to create, train, and generate AI-generated images of them.
As a condition of use, you promise not to use the Service for any purpose that is prohibited by the Terms of Use. You shall not (and shall not permit any third party to) take any action that: would constitute a violation of any applicable law, rule or regulation; infringes upon any intellectual property or other right of any other person or entity; is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, or profane; creates Assets that exploits or abuses children; generates or disseminates verifiably false information with the purpose of harming others; impersonates or attempts to impersonate others; generates or disseminates personally identifying or identifiable information; creates Assets that implies or promotes support of a terrorist organization; creates Assets that condone or promote violence against people based on any protected legal category.
By using the Service and uploading any content, you expressly acknowledge and agree that you will not upload, post, generate or share any photographs or content depicting minors (individuals under the age of 18). You further agree that, in compliance with applicable laws and regulations, we reserve the right to monitor and review any uploaded any generated content, and if we identify any content featuring minors, we will immediately remove such content and report any instances of potential child exploitation, endangerment, or abuse to the appropriate law enforcement authorities in your respective jurisdiction.
Further, you shall not (directly or indirectly): (i) take any action that imposes or may impose an unreasonable or disproportionately large load on PicTrump's (or its third party providers') infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures PicTrump may use to prevent or restrict access to the Service (or parts thereof); (iv) use any method to extract data from the Services, including web scraping, web harvesting, or web data extraction methods, other than as permitted through an allowable API; (v) reverse assemble, reverse compile, decompile, translate or otherwise attempt to discover the source code or underlying components of models, algorithms, and systems of the Services that are not open (except to the extent such restrictions are contrary to applicable law); and (vi) reproduce, duplicate, copy, sell, resell or exploit any portion of the Site, use of the Site, or access to the Site or any contact on the Site, without our express written permission.
Modification of Terms of Use
At its sole discretion, PicTrump may modify or replace any of the Terms of Use, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the PicTrump website or Service or by sending you an email. PicTrump may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Service following the posting of any changes to the Terms of Use constitutes acceptance of those changes.
Licensing Terms
Subject to your compliance with this Agreement, the conditions herein and any limitations applicable to PicTrump or by law: (i) you are granted a non-exclusive, limited, non-transferable, non-sublicensable, non-assignable, freely revocable license to access and use the Service for business or personal use; (ii) you own all Assets you create with the Services and (iii) we hereby assign to you all rights, title and interest in and to such Assets for your personal or commercial use. Otherwise, PicTrump reserves all rights not expressly granted under these Terms of Use.
By using the Services, you grant to PicTrump, its successors, and assigns a perpetual, worldwide, non-exclusive, sublicensable, no-charge, royalty-free, irrevocable copyright license to use, copy, reproduce, process, adapt, modify, publish, transmit, prepare Derivative Works of, publicly display, publicly perform, sublicense, and/or distribute text prompts and images you input into the Services, or Assets produced by the Service at your direction. This license authorizes PicTrump to make the Assets available generally and to use such Assets as needed to provide, maintain, promote and improve the Services, as well as to comply with applicable law and enforce our policies.
Termination
PicTrump may terminate your access to all or any part of the Service at any time if you fail to comply with these Terms of Use, which may result in the forfeiture and destruction of all information associated with your account. Further, either party may terminate the Services for any reason and at any time upon written notice. If you wish to terminate your account, you may do so by following the instructions on the Service. Any fees paid hereunder are non-refundable.
Limitation of Liability
IN NO EVENT SHALL PICTRUMP OR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, OR SUBSTITUTE GOODS OR SERVICES, (II) FOR YOUR RELIANCE ON THE SERVICE OR (III) FOR ANY DIRECT DAMAGES IN EXCESS (IN THE AGGREGATE) OF THE FEES PAID BY YOU FOR THE SERVICE OR, IF GREATER, $500.
Disclaimer
ALL USE OF THE SERVICE AND ANY CONTENT IS UNDERTAKEN ENTIRELY AT YOUR OWN RISK. THE SERVICE (INCLUDING, WITHOUT LIMITATION, THE PICTRUMP WEB APP AND ANY CONTENT) IS PROVIDED "AS IS" AND "AS AVAILABLE" AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.
Age Requirements
By accessing the Services, you confirm that you're at least 18 years old and meet the minimum age of digital consent in your country. No assurances are made as to the suitability of the Assets for you.
Privacy Policy
PicTrump is committed to protecting your privacy. This Privacy Policy describes how we collect, use, and share your personal information when you use our services.
Information We Collect
We collect information you provide directly to us, such as:
- Email Address
- Payment information
- Content and files you upload
We also automatically collect certain information when you use our services, including:
- Usage data
- Device information
- Location information
How We Use Your Information
We use your information to:
- Provide and improve our services
- Process payments
- Communicate with you
- Analyze usage of our services
- Comply with legal obligations
Sharing of Information
We may share your information only with service providers necessary to create and deliver the AI-generated images on PicTrump.com. This includes partners who assist with the technical process of image generation. We will not share your personal data for any other purpose.
Your Rights and Choices
You have certain rights regarding your personal information, including:
- Accessing and updating your information
- Deleting your account
- Opting out of marketing communications
Data Security
We implement reasonable security measures to protect your information. However, no method of transmission over the Internet or electronic storage is 100% secure.
Changes to This Policy
We may update this Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.
Contact Us
If you have any questions about this Privacy Policy, please contact us at info@pictrump.com