Terms of Service

1. Introduction

Welcome to pictocard.app (the "Service"), operated by Pragmattic Ltd, registered in the United Kingdom. By accessing, browsing, or using the Service, you agree to be bound by these Terms of Service ("Terms") and our Privacy Policy. If you do not agree with any part of these Terms, you must not use the Service.

2. Eligibility

Age Requirement: You must be at least 18 years old (or the age of majority in your jurisdiction) to use the Service.

Authority: If you are using the Service on behalf of a business, you represent and warrant that you have the authority to bind that business to these Terms.

3. User-Submitted Content

User Content: You may upload or create images, text, or other materials ("User Content") through the Service. You represent and warrant that you have all necessary rights to the User Content you submit, including likenesses and permissions from any identifiable individuals or third-party intellectual property holders in the User Content.

4. AI-Generated Content

Nature of AI Content: The Service uses artificial intelligence (AI) to generate artistic images or other content ("AI-Generated Content"). While we strive to produce high-quality outputs, results may vary and may occasionally be unexpected, inaccurate, or offensive to some users.

No Liability for Offensiveness or Inaccuracy: You acknowledge and agree that the AI-Generated Content may not accurately or satisfactorily represent individuals, likenesses, or concepts. Pragmattic Ltd shall not be liable for any distress, offence, or other damages arising from the nature or accuracy of AI-Generated Content.

Ownership of AI-Generated Content: All rights, title, and interest in and to the AI-Generated Content produced by the Service shall vest solely in Pragmattic Ltd. Any licence or permission for you to use, share, download, or distribute AI-Generated Content is granted at our sole discretion and does not transfer ownership.

5. Intellectual Property

Service IP: All logos, designs, text, graphics, software, AI systems, and other materials on the Service (excluding User Content) are the intellectual property of Pragmattic Ltd or its licensors. You must not use, reproduce, or modify them without explicit written consent.

Limited Licence: Subject to these Terms, Pragmattic Ltd grants you a non-exclusive, non-transferable, revocable licence to access and use the Service for personal, non-commercial purposes, including to create and view AI-Generated Content as permitted.

6. Ordering and Payment

Pricing and Taxes: All prices listed are in GBP (£) and inclusive of VAT unless stated otherwise. Additional shipping costs or fees may apply.

Payment Processing: Payments made through the Service are processed by third-party providers. By making a purchase, you agree to comply with their terms and conditions.

Refunds and Returns: Refunds, if any, are provided at our discretion in accordance with our Refund Policy, which is incorporated by reference into these Terms.

7. Shipping and Delivery

Delivery Times: Shipping estimates are indicative only. We are not liable for delays outside our reasonable control.

Risk of Loss: Title and risk of loss pass to you upon dispatch from our facilities (this applies to any physical products such as printed cards).

8. Data Protection and GDPR Compliance

Personal Data: Any personal data you provide or upload (including images that might identify individuals) will be processed in accordance with the UK General Data Protection Regulation (UK GDPR), the Data Protection Act 2018, and our Privacy Policy.

Purpose of Processing: We use personal data to operate, improve, and deliver our Service (including generating AI-Generated Content). This may involve hosting and processing on servers located inside or outside the UK or European Economic Area, subject to appropriate safeguards.

Your Rights: You may have certain rights regarding your personal data (e.g., access, correction, deletion, objecting to processing). For more details on how we collect, use, and protect your personal data, please refer to our Privacy Policy.

Third-Party Transfers: Where we use third-party service providers, we require them to comply with data protection standards equivalent to our own and to process personal data only for specified purposes and in accordance with our instructions.

9. Disclaimer of Warranties

"As-Is" Basis: The Service, AI-Generated Content, and any goods or services delivered to you are provided on an "as-is" and "as-available" basis. We disclaim any and all warranties, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

No Guarantee: We do not guarantee that the Service will be uninterrupted, error-free, secure, or free of viruses or other harmful components.

10. Limitation of Liability

Indirect Damages: To the fullest extent permitted by law, Pragmattic Ltd shall not be liable for any indirect, incidental, special, or consequential damages, or any loss of profits or revenue, arising out of or in connection with the use or inability to use the Service.

Liability Cap: In any event, our total aggregate liability for any claim relating to the Service or these Terms shall not exceed the greater of the amounts you have paid to us for the relevant order or £100 GBP, whichever is lower.

Statutory Rights: Nothing in these Terms excludes or limits liability that cannot be excluded or limited by UK law, including liability for death or personal injury caused by negligence or fraud.

11. Indemnification

You agree to indemnify, defend, and hold harmless Pragmattic Ltd, its directors, officers, employees, agents, and affiliates from and against any third-party claims, liabilities, damages, losses, or expenses arising out of or in any way related to your use of the Service, your User Content, the content of any AI-Generated Content you distribute, or your breach of these Terms.

12. Termination

We reserve the right, in our sole discretion, to suspend or terminate your access to the Service at any time, with or without notice, for any violation of these Terms or applicable law.

13. Governing Law and Jurisdiction

These Terms and any dispute or claim (including non-contractual disputes or claims) arising from or in connection with them shall be governed by and construed in accordance with the laws of England and Wales. You agree to the exclusive jurisdiction of the courts of England and Wales for any dispute arising out of or relating to these Terms.

14. Changes to these Terms

We may modify these Terms from time to time. Any changes will be effective when posted on the Service. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms.

15. Contact Us

If you have any questions about these Terms, the Service, or your personal data, you may contact us at: