Terms of Use

You must be at least the age of majority in your jurisdiction of residence to use Picsart, or if you are not the age of majority, have the consent of your parent/guardian. Some aspects of the Service are only available to users over the age of 18, and may require separate verification or additional steps to access. We will terminate any accounts used by underage users without appropriate parental/guardian consent as determined in our sole discretion, including all content. You may be required to provide proof of your age or to accept the use of our age verification tools or those of third party providers in order to use the Service.

If you accept these terms or use Picsart on behalf of a business or entity, you represent and warrant you are authorized to do so and have the authority to bind that business or entity to these terms, in which case the words “you” and “your” in these terms include you and that business or entity.

Our Privacy Policy describes how we collect, use, disclose, or otherwise process information about you and your use of the Service.

You are responsible for all activity on your account. Don’t do anything illegal, abuse others, or misuse the Service. If you violate our policies, including falsifying your identity or age, we may suspend your access to certain features or terminate your account. For more information about your conduct obligations, review our Community Guidelines and Security Policy.

Picsart is not in scope of the EU Digital Services Act but we do offer a range of user protection tools and reporting mechanisms in our Community Guidelines and will take action to remove Content and suspend or terminate accounts that infringe our Community Guidelines or these terms of service.

Subscription and Fees

Much of the Service is free of charge, which we refer to as “Picsart Free”. We also offer subscription plans that provide access to enhanced services and additional Picsart Content for a fee (a “Subscription”). You may purchase a Subscription directly from us or through a third party, such as the iOS App Store or Google Play. If you purchase a Subscription from a third party, separate terms and conditions with such third party in addition to these terms may apply to your access to the Service.

Your payment to us or the third party through which you purchased the Subscription will automatically renew and continue until terminated. You must cancel your Subscription before it renews in order to avoid paying the subscription fees for the next billing period (see “Cancellation and Refunds” below). We reserve the right to modify, terminate, or otherwise amend the subscription plans we offer from time to time. If you have purchased a Subscription, we will give you advance notice of significant changes to your plan.

Unless we specify that your Subscription includes use of the Service by multiple users, your Subscription is for a single user only. You may not share your Subscription with anyone else, and you may access and use your Subscription on up to ten devices on a single operating system.

Payment Method

Unless otherwise indicated, you are required to provide a credit card or other payment method that we, or the third party through which you purchased the Subscription, accept to pay the applicable fee for a Subscription. We or such third party will charge the payment method you’ve chosen a subscription fee plus any applicable taxes on a recurring basis corresponding to the term of your Subscription. You are solely responsible for any and all fees charged to the payment method you’ve chosen. We reserve the right to cancel your Subscription if we are unable to successfully charge your payment method.

Billing Period

We or the third party from who you purchased a Subscription will automatically bill you using the payment method you’ve chosen on the day you start your Subscription or the day your free Trial ends (see “Free Trials and Promotions” below), as applicable, and on each recurring billing date thereafter. Your “billing period” is the interval of time between each recurring billing date and corresponds to the term of your Subscription. If your Subscription renews on a date not contained in a given month, then we will charge you on the last day of such month.

The amount you are billed and billing date may vary to account for a free Trial, promotional offers, account credits, and changes in your Subscription or payment method. You authorize us to charge you for these varying amounts, if any.

Cancellation and Refunds

You can cancel your Subscription by signing in to your account and following the instructions for canceling your Subscription. If you purchased your Subscription through a third party, such as the Apple App Store or Google Play, you may need to cancel through that third party.

If you cancel your Subscription, you will continue to have access to the applicable Service and any Content you created through the end of your current billing period. Your account will be downgraded to Picsart Free at the end of the billing period.

Subject to limited local law rights in some jurisdictions, all payments are nonrefundable. If you cancel your Subscription, or if your account is terminated under these terms, you will not receive a refund or credit, including for partial periods of service.

Free Trials and Promotions

From time to time, we or others on our behalf may offer trials of Subscriptions for a specified period without payment or at a reduced rate (a "Trial"). We may determine your eligibility for a Trial, and withdraw or modify a Trial at any time without prior notice and with no liability, to the extent permitted under applicable law.

For some Trials, we'll require you to provide your payment details to start the Trial. By providing such details, you agree that we may automatically begin charging you for a Subscription on the first day following the end of the Trial on a recurring monthly basis or another interval that we disclose to you in advance. TO AVOID PAYING THIS CHARGE, YOU MUST CANCEL THE APPLICABLE SUBSCRIPTION BEFORE THE END OF THE TRIAL. IF YOU RECEIVED YOUR TRIAL THROUGH A THIRD PARTY, YOU MUST CANCEL THE APPLICABLE SUBSCRIPTION THROUGH THE THIRD PARTY.

Storage

Picsart reserves the right to delete files or restrict storage amounts for inactive users.

Inactive accounts (accounts where the user has not logged in for six (6) months without a paid-for plan attached to their account) will have stored files deleted after receiving at least 14 days' notice. Users can prevent content deletion by logging in, downloading their files, or upgrading to a Picsart paid plan. Users with paid-for plans whose Picsart accounts have been inactive for twenty four (24) months will have stored files deleted after receiving at least 14 days' notice. Users can prevent content deletion by logging into their account or downloading their files.

Our Service

Picsart allows you to create, edit, publish, store, and share images, stickers, videos, and other content, and to interact with other users and their content. Certain aspects of the Service may be available only in app, on the website, or another Service type. Some features may not be available in your country or region.

Your Account

You may need to create an account to use portions of the Service. If you create an account, you must provide us with accurate information, in good faith, and keep your information updated if it changes. You are responsible for safeguarding your account, so please read our Security Policy.

Your License to Use Picsart

We grant you a limited, non-exclusive, non-transferable, and revocable license to use the Service. Excluding Content provided by users, we own and retain all rights, title, and interest in and to the Service. These terms do not grant you any rights to our graphical user interface, trademarks, or service marks. Any feedback, comments, or suggestions you may provide regarding the Service is gratuitous, unsolicited, and without restriction, and we are free to use such feedback, comments, or suggestions as we see fit without any compensation to you.

You are responsible for your use of the Service and any information, data, text, images, stickers, usernames, graphics, photos, profiles, music, audio, videos, links, or other materials, including those generated by AI (“Content”) you create, edit, publish, store, and share using Picsart, including compliance with applicable laws, rules, and regulations. You hereby acknowledge and agree that the tools, features and functions made available through the Service are and have been used by you with your consent and at your choice, subject to these terms, the Privacy Policy, the Community Guidelines and any other applicable Picsart terms or policies.

You are not permitted to use any Content generated by other users and made available to you by Picsart for the purpose of training or operating any third party AI platform, model or tool. You are responsible for labeling deepfakes and/or AI-generated/manipulated content using the toggle on your account titled “AI generated/AI modified.”

Adherence to Picsart Standards

In using the Service you accept these terms, which incorporate our Community Guidelines. Your attention is drawn to the following key restrictions. You must not:

• bypass, circumvent, disable, or interfere with any safety filters, content moderation mechanisms, rate limits, access controls (including age verification measures), or other security measures of the Service;

• use any technique, including prompt engineering, prompt injection, or automated means, designed to elicit outputs from the Service that would otherwise be blocked or restricted or reserved to users paying for a premium service;

• probe, scan, or test the vulnerability of the Service or any system or network connected to the Service, except as expressly permitted by our Security Policy;

• reverse engineer, decompile, or disassemble any aspect of the Service, except to the extent that applicable law expressly permits such activity notwithstanding this restriction;

• access or use the Service through any automated means (including bots, scrapers, or crawlers) except as expressly authorized by Picsart in writing; or

• sell, resell, or otherwise provide access to the Service, or any component of it, to any third party on a standalone basis.

Advertising and Promotions

The Service may include advertisements, and those advertisements may link to independent third-party websites. We are not responsible for, and do not endorse, any third-party advertisements, websites, services, or products. Sites maintained by those third parties are not under our control. Any dealings you have with third parties that advertise on the Service are between you and those advertisers, and you agree that we are not liable for any loss or claim that you may have against an advertiser. You agree that we may generate revenues, increase goodwill, or otherwise increase our value from your use of the Service, including through the sale of advertising, and you will have no right to share in any such revenue or goodwill.

We provide submission terms, official rules, and/or guidelines for certain activities on the Service, including challenges, contests, and sweepstakes. These terms of use incorporate by reference the specific submission terms, official rules, and/or guidelines which appear in connection with a particular activity.

Picsart Spaces

Users may be permitted to create or administer a Space on the Service. If you elect to create or administer a Space, you are responsible for the Space and complying with the Space Owner & Admin Code of Conduct. If you create rules for the Space, such rules may not conflict with these Terms of Use, our Community Guidelines or the Space Owner & Admin Code of Conduct. You agree that when you receive reports related to a Space you create or administer, you will take appropriate action in line with our Community Guidelines and the Space Owner & Admin Code of Conduct, which may include restricting or removing content or users or escalating the matter to Picsart.

We are not responsible for actions taken by the owners or administrators of a Space. Picsart reserves the right to overturn any action or decision of an owner or administrator if Picsart, in its sole discretion, believes that such action or decision is not in the interest of Picsart or our community, is contrary to the law, our Community Guidelines or the Space Owner & Admin Code of Conduct . We reserve the right to revoke or limit a user’s ability to create or administer a Space at any time at our sole discretion.

Artificial Intelligence Features

This section of the Terms provides information specific to AI Technologies and AI Tools on the Services. However, please note that all provisions in these Terms are also applicable to such technologies and features.

AI-Enabled Features. Certain features of the Services may utilize deep learning, machine learning, generative AI, agentic AI, large language models, automated decision-support tools, or other AI technologies, models, algorithms, software or systems capable of generating outputs, predictions, recommendations, decisions or content (collectively, “AI Technologies”) as part of their functionality (“AI Tools”). By accessing or using such AI Tools, you acknowledge and agree that Picsart and its third-party service providers may process any of your Content and Inputs (defined below) to generate, create and return Outputs (defined below).

Inputs and Outputs. In connection with your use of the AI Tools, you may submit text, documents, or other materials to the AI Tools (“Prompts”) to generate responses based on such Prompts (“Outputs”). Your Prompts and any resulting Outputs constitute your Content. By accessing or using such AI Tools, you acknowledge and agree that Picsart and its third-party service providers may process your Content, including Prompts to generate, create and return Outputs. Notwithstanding the foregoing, you acknowledge that other users of the Services may use Prompts that are similar to yours and, as a result, may receive the same or similar outputs as your Outputs.

Third-Party AI Tools. The AI Tools may include AI Technologies provided by third-party providers (“Third-Party AI Services”). You understand that your use of the Third-Party AI Services may be subject to the applicable third-party terms, conditions and policies of the third-party provider. By using the Services, including the AI Tools and any integrated Third-Party AI Services, to the extent applicable, you agree to comply with any terms, conditions, and policies of those third-party providers. You further acknowledge and agree that Picsart neither controls nor takes responsibility for any Third-Party AI Services, including without limitation, how a third-party provider may collect, use, or store your information.

AI Outputs; No Warranty. The AI Tools (including any agentic AI agent) generate outputs using artificial intelligence. Outputs may be inaccurate, incorrect, incomplete, outdated, inconsistent, or otherwise unsuitable for your intended use, and may include or reflect Third-Party Content. Picsart does not represent or warrant that any Output is accurate, complete, reliable, lawful, non-infringing, or fit for any particular purpose, or that any Output will be unique or available only to you. Outputs may be similar or identical to content generated for other users.

You are solely responsible for reviewing, verifying, and evaluating all Outputs before using or relying on them. You should not rely on any Output as a substitute for independent judgment or professional advice. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PICSART DISCLAIMS ANY RESPONSIBILITY OR LIABILITY ARISING FROM OR RELATED TO YOUR USE OF, OR RELIANCE ON, ANY OUTPUT.

AI Chats. We may allow you to communicate with us through a customer support chat interface, including a chatbot powered by artificial intelligence. Our customer support chatbot is strictly intended for customer service purposes, and you agree to only use the chatbot for these purposes. It is not intended to provide any other information or support, and it is not intended to simulate a sustained human or human-like relationship with you. Given the limited functionality of our chatbot, it is not capable of meeting your social needs. Picsart and our vendors will receive, store, and process a transcript of any chat communication, and process that information in accordance with our Privacy Policy. Chatbots can make mistakes, so you are responsible for verifying any information provided. Neither Picsart nor any of its affiliated entities guarantee or make any warranties with respect to the accuracy, completeness, or reliability of output generated by our chatbot, and you agree that neither Picsart nor any of its affiliated entities shall be liable for any use of, or reliance on, such content.

Content on the Services

You understand that by using the Service, you may be exposed to Content that might be offensive, harmful, inaccurate, or otherwise inappropriate. All Content that is shared is the sole responsibility of the person who shares such Content. While we prohibit certain conduct and Content on our Service, we reserve the right, but not the obligation, to monitor the Content shared via the Service, and we are not responsible for such Content.

We reserve the right to remove Content that violates these terms or our Community Guidelines, including copyright, trademark, or other intellectual property violations, sexually explicit Content, or Content that we determine is otherwise inappropriate in our sole discretion.

Grant of Rights to Your Content

Except to the extent it contains Picsart Content, we do not claim any ownership rights in your Content.

You grant Picsart a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use your Content—including to host, reproduce, distribute, modify, create derivative works, display, perform it (subject to any privacy settings set by you), and to train our AI tools and models— in connection with the improvement, operation, expansion and marketing of the Service and our business, including for the purpose of promoting and redistributing part or all of the Service. This license is perpetual and authorizes us to make your Content available to other users on the Service when you have shared your Content.

Picsart’s mission is to empower visual storytellers. We further this mission by encouraging our creators to share and build on each other’s ideas and creations. We sometimes refer to this as “Remixing” another person’s work. This inspires new masterpieces and allows you to create new edits without starting from scratch!

Picsart allows you to share your Content by making it available to other users via the Service, including by posting Content to the Picsart Community, saving Content in a public folder, sharing Content using Picsart’s collaboration features, or distributing Content via a link. The Content you share is made public, so you should only share Content you are comfortable with others using. When you share your Content, it may be featured anywhere on the Service or in media connected with the Service, such as email, search results, social media, and other communications. Additionally, when you share your Content on the Service, you grant the following rights to your shared Content:

• By posting Content to the Service and tagging such Content #freetoedit, or by otherwise sharing Content using the Service, you grant to each other Picsart user a perpetual, worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use that Content—including to reproduce, distribute, prepare derivative works, display and perform it—for any purpose including commercial purposes only as permitted by the functionality of the Service.

• By using any Picsart image or video generation feature, you grant to each other Picsart user a perpetual, worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use Content created and any prompts used to generate it - including to reproduce, distribute, prepare derivative works, display and perform it - for any purpose including commercial purposes, only as permitted by the functionality of the Service

You represent and warrant that (1) you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted in this section; (2) your posting and sharing, and Picsart’s and its users’ use, of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, trademark rights, or other intellectual property rights or any other rights of any person, company, or other third party; and (3) the posting and sharing of your Content on or through the Service does not result in a breach of contract between you and a third party.

If you delete your Content from the Service or terminate your account, we will stop hosting and displaying that Content on the Service going forward, except as described below. Deletion or termination does not affect (i) any use of your Content to train our AI tools and models before deletion, or any models, tools, or improvements resulting from that use; (ii) any marketing or promotional materials created before deletion; or (iii) any rights granted to Picsart or other users in Content you have posted or shared. However, if you have posted or shared any Content on or through the Service, including if you have designated it as #freetoedit or #freeforbusiness or created any Sticker and posted it on the Service (whether as part of a larger image or on its own), that Content may remain on the Service in perpetuity – in other words, if others who have used that Content have not deleted it, it will continue to appear on the Service. Additionally, if you make Content public and later switch it to private or delete it, we may not be able to remove it from the Service and we may be unable to support requests for erasure or other requests made under applicable privacy law. Picsart will endeavour to honour your privacy rights but cannot require other users to delete their own content to do so. More details can be found in our Privacy Notice.

Picsart may offer you the ability to share your Content to third party platforms which we do not control. If you share content to third-party platforms through our integrations, the receiving platform may retain and use that content pursuant to its own terms and policies, including for product improvement or its own promotion.

Picsart Content

We grant to you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to reproduce, display, and perform Content owned by us or our licensors (“Picsart Content”) only for your personal and non-commercial use and only as permitted by the functionality of the Service.

We grant to you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to reproduce, display, perform, and create derivative works of Picsart Content identified as being available for commercial use on the Service (“Commercial Use Picsart Content”), and distribute your derivative works that incorporate Commercial Use Picsart Content, for any purpose including commercial purposes, only as permitted by the functionality of the Service.

Picsart does not permit the scraping of the Picsart platform or the use of Picsart Content for the training or operation of AI models without Picsart’s express consent.

Certain content available through the Services is licensed from third parties and may be subject to additional notices, attribution requirements, and license terms, available at Notices for Third-Party Licensed Content.

Reporting Infringement

If you believe your Content has been copied in a way that constitutes copyright infringement, you can report infringement of your intellectual property by following the procedures outlined in our Copyright Dispute Policy.

No Warranties

THE SERVICE AND PICSART CONTENT ARE PROVIDED “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS." SUBJECT ONLY TO APPLICABLE NATIONAL CONSUMER LAW WHICH CANNOT BE WAIVED; WE MAKE NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, AS TO: (A) THE SERVICE; (B) PICSART CONTENT; (C) ANY CONDUCT OR CONTENT OF ANY USER ON THE SERVICE; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO PICSART OR VIA THE PICSART SERVICES. WITHOUT LIMITING THE FOREGOING, WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT OR GUARANTEE THAT THE SERVICE IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, ERROR-FREE, WITHOUT DEFECT, OR SECURE; THAT USER CONTENT MARKED AS PRIVATE WILL NOT BECOME PUBLIC; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PICSART, ITS AFFILIATES, LICENSORS, SPONSORS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (THE “PICSART PARTIES”) SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED OR GENERATED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE PICSART PARTIES’ AGGREGATE LIABILITY EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID PICSART, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO ANY AND ALL CLAIMS. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE PICSART PARTIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Indemnity and Release for Your Use

You agree to release, indemnify and hold us, our affiliates, officers, employees, directors, agents, successors and assigns (collectively, “Picsart Parties” and each an “Indemnitee”) harmless from any and all losses, liabilities, damages, fines, penalties, expenses (including reasonable attorneys’ fees and costs), rights, claims, and actions of any kind and any injury arising out of or relating to: (1) your past and present use of the Service or any of its tools, features or functions, including any tools that apply effects to, or generate images, videos, audio content, or other representations of or depicting, individuals; (2) any Content you upload to the Service or create with the Service; or (3) your violation of these terms, any rights of another person or applicable law. Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any Indemnitee from or against any liability, losses, damages or expenses incurred as a direct result of any action or inaction of such Indemnitee, indemnitee's material breach of these terms, or Indemnitee's gross negligence. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine to the extent permitted by law.

Governing Law

These terms and our Privacy Policy are governed by the laws of the State of Delaware without giving effect to any conflicts of laws principles. However, some countries (including those in the European Union, the United Kingdom, Australia, Canada, and Brazil) have laws that require agreements to be governed by the local laws of the consumer's country. This paragraph doesn’t override those laws.

Judicial Forum For Disputes

You agree that any judicial proceeding to resolve a Claim will be brought in the federal or state courts of Delaware, subject to the mandatory arbitration provisions below. Both you and we consent to venue and personal jurisdiction in such courts. If you reside in a country with laws that give consumers the right to bring disputes in their local courts (for example, a member state of the European Union), this paragraph doesn’t affect that right.

ARBITRATION AGREEMENT; MASS ARBITRATION PROCEDURES; CLASS ACTION WAIVER; JURY TRIAL WAIVER

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES WITH US AND IT LIMITS THE MANNER IN WHICH YOU AND WE CAN SEEK RELIEF.

To the fullest extent permissible by law, with the exception of disputes pertaining to our intellectual property rights and certain statutory claims that, pursuant to law, are not arbitrable, any dispute of any kind between you and us arising under or related to these terms of use, including, without limitation, disputes arising as a result of: your visit(s) to or use of the Service; any purchase, transaction, or other interaction with us (including, without limitation, claims relating to our advertisements, pricing, and disclosures; e-mail, SMS or other messages sent by us; or our collection, processing or retention of your information) (a “Dispute”) shall be resolved through binding arbitration pursuant to these exclusive dispute resolution procedures (the “Arbitration Agreement”), except that either party may assert claims in small claims court.

30-Day Right to Opt-Out

You have the right to opt-out and not be bound by the Arbitration Agreement by sending written notice, signed by you, of your decision to opt-out to [email protected] or by mail to Opt Out Notice, PicsArt, Inc., Optima Onyx Tower, Suite 1103, 1010 South Federal Highway, Hallandale Beach, FL 33009 or such other address as Picsart may identify from time to time by amending this paragraph (the “Notice Address”). The notice must be sent within 30 days of the date posted at the top of these terms of use or your first use of the Service, whichever is later; otherwise, you shall be bound to arbitrate disputes in accordance with the terms of the Arbitration Agreement. If you opt out of the Arbitration Agreement, we also will not be bound by the Arbitration Agreement with respect to disputes brought by you, and you and we may exercise your right to trial by judge, as permitted by applicable law and these terms of use. If you opt out of the Arbitration Agreement, you will not be opting out of any other provisions of these terms of use and you agree to be bound by all other provisions of these terms of use, which shall remain in effect as allowable by law.

Pre-Dispute Resolution Requirement

Before either party may initiate a legal proceeding against the other, the parties agree to engage in a good-faith effort to resolve any Claim (as defined below) at issue. The party asserting the Claim must notify the other party of the Claim by sending a written notice, including (i) the asserting party's full name; (ii) the asserting party's address, email, and phone number; (iii) a clear description of the Claim; and (iv) a clear description of the specific relief requested, pursuant to the notice provisions herein. If requested by the other party, both parties agree to discuss the Claim in person, by telephone, or by video conference, and to attempt in good faith to resolve the Claim.

If the parties are unable to resolve a Claim within thirty (30) days after receipt of a written notice pursuant to this provision (or within 30 days of the conference, if one is requested by the party receiving notice), then the asserting party may pursue the Claim as otherwise set forth in these terms of use. Failure to comply with this pre-dispute resolution requirement shall be grounds for dismissal of the Claim. Any applicable statute of limitations will be tolled while the parties engage in the pre-dispute resolution provided in this section.

The Pre-Arbitration Dispute Resolution procedure in this Section is a prerequisite and condition precedent to commencing any formal dispute resolution proceeding, unless exempted by law. Notwithstanding anything to the contrary in this Arbitration Agreement, a court of competent jurisdiction shall have authority to enjoin the filing or prosecution of a lawsuit or arbitration if these requirements have not been met.

Arbitration Procedure

If informal resolution fails, then either party may initiate binding arbitration as the sole means to resolve Disputes (except as otherwise provided herein) subject to the JAMS Comprehensive Arbitration Rules & Procedures (the “JAMS Rules”) then in effect as modified by (1) the terms set forth below and (2) the Mass Filings provisions below. The JAMS Rules are available at https://www.jamsadr.com.

This Arbitration Agreement supersedes any prior Arbitration Agreement entered by the parties and is applicable to unfiled claims that arose, were asserted, or involve facts occurring before the existence of this Arbitration Agreement or any prior agreement as well as claims that may arise after the termination of this Arbitration Agreement, in accordance with the notice and opt-out provisions set forth herein.

The parties agree that this Arbitration Agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16. To the maximum extent permitted by law, no effect shall be given to state laws concerning arbitration procedure.

WAIVER OF RIGHTS INCLUDING JURY TRIAL. YOU AND WE UNDERSTAND THAT ARBITRATION MEANS THAT AN ARBITRATOR AND NOT A JUDGE OR JURY WILL DECIDE ANY DISPUTE, AND THAT RIGHTS TO DISCOVERY AND APPEALS MAY BE LIMITED IN ARBITRATION. YOU AND WE FURTHER UNDERSTAND THAT THE COSTS OF ARBITRATION COULD EXCEED THE COST OF LITIGATION IN SOME INSTANCES. YOU AND WE HEREBY ACKNOWLEDGE AND AGREE THAT BY AGREEING TO THESE TERMS AND ARBITRATION AGREEMENT, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

CLASS ARBITRATION AND COLLECTIVE RELIEF WAIVER. YOU AND WE ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT ALLOWED BY LAW AND EXCEPT AS PROVIDED HEREIN BELOW, ANY ARBITRATION SHALL BE CONDUCTED IN AN INDIVIDUAL CAPACITY ONLY AND NOT AS A CLASS OR OTHER REPRESENTATIVE ACTION (INCLUDING, WITHOUT LIMITATION, ANY PRIVATE ATTORNEY GENERAL ACTION), AND THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE AN INDIVIDUAL PARTY’S CLAIM.

With the exception of the paragraph titled “Class Arbitration and Collective Relief Waiver” above and the “Mass Filings” Section below, if any part of this Arbitration Agreement is deemed to be invalid, unenforceable, or illegal, then the balance of this Arbitration Agreement shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, or illegal provision(s) were not contained herein. If, however, the paragraph titled “Class Arbitration and Collective Relief Waiver” and/or the “Mass Filings” Section are found to be invalid, unenforceable, or illegal, then the entirety of this Arbitration Agreement shall be null and void, and neither you nor we shall be entitled to arbitrate the dispute in question.

This provision does not prevent you or us from participating in a class-wide settlement of claims.

Arbitration Location

The arbitration proceedings will presumptively be held via video- or telephone-conference unless (1) the arbitrator determines there is good cause to hold an in-person hearing or (2) the parties agree otherwise. Except as otherwise provided in the “Mass Filings” Section or unless you and we agree otherwise, in the event there is an in-person proceeding (1) if you live in the United States, any in-person proceedings will take place in the county of your primary residence or, if no arbitrator is available in that county, then at the closest arbitration location available in the state or (2) if you live outside the United States, to the extent permissible in your country, any in-person proceedings will take place in the State of Delaware.

Arbitration Rules and Governing Law

Except as modified by this Arbitration Agreement including, if applicable, the Mass Filings Section below, JAMS will administer any arbitration in accordance with the JAMS Rules in effect at the time any demand for arbitration is filed with JAMS, excluding any rules or procedures permitting class or representative actions.

Except where prohibited by applicable law, the arbitrator shall apply the substantive law of the State of Delaware without giving effect to any law that would result in the application of the law of any other jurisdiction. You and we agree that dispositive motions will be allowed in the arbitration.

If the amount in controversy is less than $10,000, then the arbitration will be conducted solely on the basis of written materials that you and we submit to the arbitrator, unless (i) the arbitrator determines that a hearing is necessary; (ii) applicable law requires otherwise; or (iii) the parties agree otherwise. If the amount in controversy exceeds $10,000, either party may request (or the arbitrator may determine) to hold a hearing.

Unless otherwise prohibited by law, all arbitration proceedings will be confidential and closed to the public and any parties other than you and we (and each of the parties’ authorized representatives and agents), and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award (provided that the party seeking confirmation shall seek to file such records under seal to the extent permitted by law).

Form of Arbitration Demand

Any arbitration demand or counterclaim asserted by either party must contain sufficient information to provide fair notice to the other party of the asserting party’s identity, the claims being asserted, and the factual allegations on which they are based, and must include proof that the claimant is party to this Arbitration Agreement and to the terms of use. The arbitrator and/or JAMS may require amendment of any demand or counterclaim that does not satisfy these requirements.

Arbitration Fees

Each party is responsible for its own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise. The parties agree that JAMS has discretion to reduce the amount or modify the timing of any administrative or arbitration fees due under JAMS Rules where it deems appropriate, provided that such modification does not increase the costs to you, and you further agree that you waive any objection to such fee modification. The parties also agree that a good-faith challenge by either party to the fees imposed by JAMS does not constitute a default, waiver, or breach of this Arbitration Agreement while such challenge remains pending before JAMS, the arbitrator, and/or a court of competent jurisdiction, and that any and all due dates for those fees shall be tolled during the pendency of such challenge.

Mass Filings

To increase the efficiency of administration and resolution of arbitrations, in the event 25 or more similar arbitration demands (those asserting the same or substantially similar facts or claims, and seeking the same or substantially similar relief) presented by or with the assistance or coordination of the same law firm(s) or organization(s) are submitted to JAMS (or another arbitration provider selected in accordance with the provisions set forth herein if JAMS is unavailable) against us within reasonably close temporal proximity (a “Mass Filing”), the parties agree, subject to the provisions of this Mass Filings Section:

(A) to administer the Mass Filing in batches of 25 demands per batch (to the extent there are fewer than 25 arbitration demands left over after the batching described above, a final batch will consist of the remaining demands) with only one batch filed, processed, and adjudicated at a time;

(B) to designate one arbitrator for all demands in each batch;

(C) to accept applicable fees, including, without limitation, any related fee reduction determined by JAMS (or another arbitration provider selected in accordance with the provisions set forth herein if JAMS is unavailable) in its discretion;

(D) that fees associated with a demand for arbitration included in a Mass Filing, including, without limitation, fees owed by us and the claimants, shall only be due after your demand for arbitration is included in a set of batch proceedings and that batch is properly designated for filing, processing, and adjudication; and

(E) that the staged process of batched proceedings, with each set including 25 demands proceeding through filing, processing and adjudication, shall continue until each demand (including your demand) is adjudicated or otherwise resolved.

If your demand for arbitration is included in the Mass Filing, any statute of limitation applicable to your claims will remain tolled until your demand for arbitration is decided, withdrawn, or settled.

Arbitrator selection for each batch shall be conducted to the greatest extent possible in accordance with the applicable JAMS Rules and procedures for such selection and shall be subject to any rights to strike an arbitrator provided under applicable state law if the rights granted by law exceed those provided for in the JAMS Rules. In accordance with applicable law and to the extent an in-person proceeding is deemed necessary by the arbitrator or mutual party agreement, the arbitrator will determine the location where the proceedings will be conducted.

You and we agree to cooperate in good faith with each other and the arbitration provider or arbitrator to implement such a “batch approach” or other similar approach to provide for an efficient resolution of claims, including, without limitation, the payment of combined reduced fees, set by JAMS in its discretion, for each batch of claims, as well as any other processes or procedures that the arbitration provider or arbitrator believe will provide for an efficient resolution of claims. For example, if the number of cases filed makes batches of 25 cases too small for the prompt resolution of all filed claims, you and we agree that JAMS may increase or decrease the batch size, transfer a case between batches, or proceed with adjudication of more than one (but no greater than five) batches at a time as determined in the reasoned discretion of the JAMS procedural arbitrator, following the input of the parties. Any and all disagreements between the parties as to whether this provision applies or as to the process or procedure for batching shall be resolved by a JAMS procedural arbitrator.

This “Batching” provision shall in no way be interpreted as increasing the number of claims necessary to trigger the applicability of JAMS Mass Arbitration Procedures & Guidelines or authorizing class arbitration of any kind.

The results of the first completely adjudicated batch of demands in a Mass Filing will be given to a JAMS mediator selected from a group of five mediators proposed by JAMS, with we and the remaining claimants’ counsel being able to strike one mediator each and then rank the remaining mediators. The highest collectively ranked mediator will be selected. The selected mediator will try to facilitate a resolution of the remaining demands in the Mass Filing. We, the remaining claimants and their counsel, and the mediator will then have 90 days (the “Mediation Period”) from the date the results are provided to the mediator to agree on a resolution or substantive methodology for resolving the outstanding demands. If the parties are unable to resolve the outstanding demands during the Mediation Period and cannot agree on a methodology for resolving them through further arbitrations, either we or any remaining claimant may opt out of the arbitration process and have the demand(s) proceed in a court of competent jurisdiction. Notice of the opt-out will be provided in writing within 60 days of the close of the Mediation Period. If neither we nor the remaining claimants opt out and they cannot agree to a methodology for resolving the remaining demands through further arbitration, the arbitrations will continue with the batching process with all remaining batches consolidated and adjudicated concurrently.

Arbitrator’s Authority and Arbitration Award

The arbitrator shall be empowered under this Arbitration Agreement to grant whatever relief would be available in a court under law or in equity subject as modified herein. The arbitrator has the right to impose sanctions in accordance with the arbitration provider’s rules and procedures for any frivolous claims or submissions the arbitrator determines have not been filed in good faith, as well as for a party’s failure to comply with this Arbitration Agreement or the Pre-Arbitration Dispute Resolution Process. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator will have the authority to award monetary damages on an individual basis and to grant, on an individual basis, any non-monetary remedy or relief available to an individual to the extent available under applicable law, the arbitral forum’s rules, and this Arbitration Agreement. The parties agree that the damages and/or other relief must be consistent with these terms of use, including, but not limited to, the paragraph titled “Class Arbitration and Collective Relief Waiver” and the Section entitled “Limitation of Liability” as to the types and the amount of damages or other relief for which a party may be held liable.

Except for decisions in arbitrations that are joined together in a single batch, no arbitration award or decision will have any preclusive effect, except to preclude the same or similar claims and issues addressed by the award from being re-arbitrated between the same parties. Attorneys’ fees will be available to the prevailing party in the arbitration only if authorized under applicable substantive law governing the claims in the arbitration.

Changes to this Arbitration Agreement

We will provide 30 days’ notice of the date of any material changes to this Arbitration Agreement. Changes will become effective on the 30th day and apply to all claims not yet filed, regardless of when they accrued. If you consent to these terms of use on or before the 30th day or continue to use the Service after the 30th day, you agree that any unfiled claims of which we do not have actual notice under the Pre-Dispute Resolution process are subject to the revised clause. If we change this Arbitration Agreement after the date you first accepted it (or accepted any subsequent changes to the agreement), you agree that your continued use of the Service 30 days after such change will be deemed acceptance of those changes. If you do not agree to such change, you may opt out of this Arbitration Agreement via the procedures set forth in this Arbitration Agreement.

CLASS ACTION WAIVER

YOU AGREE THAT ANY DISPUTE BETWEEN YOU AND WE THAT IS NOT SUBJECT TO ARBITRATION FOR ANY REASON MAY ONLY BE PURSUED BY YOU ON AN INDIVIDUAL BASIS, AND YOU MAY NOT BRING A CLAIM AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.

Waiver of Jury Trial

YOU AND WE EACH EXPRESSLY WAIVE YOUR RIGHT TO GO TO COURT, TO A TRIAL BY JURY, AND TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE PROCEEDING WITH RESPECT TO ANY CLAIM SUBJECT TO ARBITRATION. Notwithstanding the parties' decision to resolve all disputes through arbitration, we may bring an action in a state, provincial or federal court to protect our intellectual property rights. Seeking such relief shall not waive our right to arbitration under these terms of use.

Severability

If any part of these terms is held invalid or unenforceable, that portion will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions will remain in full force and effect.

Waiver

Any failure by us to enforce or exercise any provision of these terms or related rights will not constitute a waiver of that right or provision.

Notices

You agree that we may provide disclosures and notices required by law and other information about your Picsart account to you electronically, by posting it on our website, pushing notifications through the Service, or by emailing it to the email address listed in your Picsart account. Electronic disclosures and notices have the same meaning and effect as if we had provided you with paper copies, and such disclosures will constitute notice to you at the time of publication.

Changes to These Terms

We may modify these terms at any time. If we make any material changes, we’ll notify you through email or a push notification through the Service, as described in the “Notices” section above; if you continue to use the Service after that, you will be deemed to have accepted the changes. If you object to any change, you will be permitted to terminate your Picsart account and stop using the Service, no other recourse will be available to you.

English version prevails. In the event of any conflict, inconsistency, or ambiguity between the English version and this translated version of the Terms Of Use, the English version shall prevail.