Picsart Enterprise Terms

Last updated: November 4, 2024

Welcome to Picsart Enterprise! These Picsart Enterprise Terms (“Terms”) are a legal agreement between you (“you” or “your”) and PicsArt, Inc. (“Picsart”, “we”, “us”, or “our”). If you are agreeing to these Terms 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 refer to that business or entity. If you do not have such authority, or if you do not agree with these Terms, you must not accept these Terms or use the Developer Tools or Picsart Services (collectively, the “Services”). The Developer Tools are not intended for, and may not be used by, anyone under the age of eighteen (18) or the age of majority as determined by the laws of the applicable jurisdiction.

THESE TERMS CONTAIN AN INFORMAL DISPUTE RESOLUTION CLAUSE, ARBITRATION CLAUSE, AND CLASS ACTION WAIVER THAT IMPACT YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. WE EXPLAIN MORE ABOUT INFORMAL DISPUTE RESOLUTION AND ARBITRATION IN SECTIONS 26 (INFORMAL DISPUTE RESOLUTION) AND 27 (ARBITRATION AGREEMENT & WAIVER OF CERTAIN RIGHTS).

Picsart may update or modify these Terms from time to time, subject to Section 27 (General) below.

1. Our Services

Developer Tools. The Picsart Developer Tools include application programming interfaces (“APIs”), API keys, software development kits, embeddable web-based user interfaces (e.g., iframes), software libraries, technical documentation, code, access tokens, technology, and other tools and materials made available to you by Picsart through the Picsart Enterprise portal at picsart.io or other means (collectively, the “Developer Tools”).
Your App; Picsart Services. The Developer Tools allow you to connect your websites, applications, extensions, plugins, and other services (“Your App”) to certain design, editing, and other creative and collaborative tools and services that we may make available through the Developer Tools (“Picsart Services”). The Picsart Services may include access to libraries of templates, images, stickers, videos, audio, and other content and material owned by our licensors or us (“Licensed Content”). Subject to your compliance with these Terms, you may enable Picsart Services through Your App for use by (a) you, and (b) if applicable, Your App’s customers and end users (“End Users”). Some of our services have additional terms and conditions (“Additional Terms”). For example, if you access or use Picsart’s products, services, or content through our websites, desktop software, or mobile applications not covered by these Terms, such access and use is subject to the applicable Additional Terms. You may not provide End Users or other third parties with access to or use of the Developer Tools, and Your App may not be integrated into third party applications or services such that the Services are embedded in a third party application or service not issued by you.
Picsart AI Platform. The Developer Tools may enable certain Picsart Services powered by our AI tools (the “Picsart AI Platform”). You are responsible for any text or content uploaded or otherwise input into the Picsart AI Platform (“AI Input”), including through Your App or by your End Users, and you represent to us that (i) you and your End Users have all necessary rights to use the AI Input with the Picsart AI Platform, (ii) all End Users are thirteen (13) years of age or older (or the applicable Alternative Minimum Age) when using the Picsart AI Platform, and (iii) you have implemented sufficient technical measures to ensure that End Users under the age of 13 (or the applicable Alternative Minimum Age) will not have access to the Picsart AI Platform. “Alternative Minimum Age” means (a) the minimum age in the relevant jurisdiction, or (b) the alternative minimum age we establish in the Policies for use of a Picsart AI Platform tool. You are also responsible for any content that is generated when you or your End Users use the Picsart AI Platform (such content, “AI Output”) at any stage, including creating, editing, saving, publicly posting (including on social media), privately sharing, or otherwise making the AI Output available. Your use of the Picsart AI Platform is at all times subject to Picsart’s Generative AI Additional Terms of Use (“Gen AI Terms”), which are hereby incorporated by reference into these Terms. You represent and warrant that if you make the Picsart AI Platform available to End Users you will require End Users to enter into a legally enforceable agreement that includes the provisions set forth in the Gen AI Terms as well as other provisions we require in Section 6.b below. In case of a conflict between the Gen AI Terms and these Terms, the Gen AI Terms will control. Picsart may, in its unilateral discretion and without liability of any kind to you or End Users, suspend or remove an End User’s access to the Services at any time for a violation of the Gen AI Terms.
Modifications. Subject to the terms of any order form or other written agreement between the parties referencing these Terms, we may remove, modify, substitute, discontinue, or update, in our sole discretion, in whole or in part, the Services, any related content or assets (including Licensed Content), and any other software or services provided to you or your End Users. We may make those modifications or updates automatically, or we may require you to manually obtain and use the most recent versions. You are solely responsible for any changes to Your App that are required as a result, including any costs and expenses you incur as a result of implementing such updates or modifications. We reserve the right to terminate or suspend your access to the Services if you fail to make required updates or modifications.

2. Agreement to Terms

By clicking on “Accept” or by accessing or using the Services, you acknowledge and agree to these Terms as well as our Community Guidelines, Security Policy, and any additional documentation, terms, provisions, and conditions provided or made available to you for your use of the Services (collectively, the “Policies”), which may include terms and conditions from third parties.

3. Opening an Account

Registration. To use the Developer Tools, you must register an account with Picsart (“Account”). Creation of an Account is subject to Picsart’s approval, at its sole discretion. If you create an Account on behalf of a business or entity, you must do so using the information of that business or entity (e.g., provide the business’s email and address). You represent and warrant that this registration information is true, accurate, and your own. You must keep information in your Account current, including contact and billing information. Picsart may use information you provide to keep you informed of updates to the Services, provide you with notices related to these Terms, and for other uses consistent with these Terms or Picsart’s Privacy Policy. You will not misrepresent yourself or your products when creating or using your Account. Unless otherwise agreed by us in writing, you may only register one Account.
Credentials. You are responsible for maintaining the security of your Account, including any login credentials, API keys, tokens, and client IDs (“Credentials”). You will keep your Credentials confidential, and may not embed your Credentials or other Account information in open source projects. You are responsible for all activities that occur under your Account and you agree to notify us immediately of any unauthorized access or use of your Account. We are not responsible or liable for any damage or loss related to any unauthorized access or use of your Account.
Review. At our request, you will comply with our review process for Your App and provide us with information we reasonably request. Our review may include the provision of test accounts for Your App, which we will use solely for the purpose of such review. You agree that we may review and monitor your and your End Users’ use, as applicable, of your Account and the Services to ensure quality, improve Picsart products and services, and verify your compliance with these Terms. We may change our review processes at any time. Subject to our review process, we may revoke approval of Your App at any time and in our sole discretion.

4. Our License to You

Service License. Subject to your compliance with these Terms and any other agreement between you and Picsart, Picsart grants you a limited, non-transferrable, non-sublicensable, non-assignable, non-exclusive, revocable license to use the Developer Tools solely to integrate Picsart Services into Your App in order to use the Picsart Services or provide the Picsart Services to your End Users. These Terms do not grant any rights or licenses to use any other Picsart products, tools, content or services, whether express or implied, and your use of any other Picsart products, tools, content, or services is subject to Additional Terms. As between you and Picsart, Picsart retains all right, title, and interest in and to the Services, which includes but is not limited to any related software, products, works, and other intellectual property created, used, or provided by Picsart and all intellectual property rights therein. All rights not expressly granted to you under these Terms are reserved by Picsart.
Licensed Content. Subject to the limitations in these Terms and any other agreement between you and Picsart, Picsart grants to you a limited, non-exclusive, non-transferable, non-sublicensable (except to your End Users as described in (b) of this subsection), revocable license (a) to use Licensed Content to create content incorporating or derived from Licensed Content, and (b) to make the Licensed Content available for use by your End Users through Your App (subject to their agreement to and compliance with the terms and limitations of the End User License Agreement attached hereto as Exhibit A and the Gen AI Terms, as applicable). Notwithstanding the foregoing, under no circumstances can you create a trademark or logo based on any Licensed Content, or download, use, rent, re-sell, or distribute Licensed Content on a stand-alone basis. Your use of Licensed Content must be solely as permitted by the functionality of the Services and in compliance with these Terms, the Policies, and any applicable licenses, terms, or restrictions contained in Picsart’s Third Party Licenses.

5. Usage Limits

We reserve the right to set use restrictions (like usage quotas) to ensure the Developer Tools and any Picsart Services enabled or accessed through the Developer Tools are used as intended. We may review your use of the Developer Tools and your or your End Users’ use of Picsart Services to confirm compliance with such restrictions or these Terms, and limit or terminate such use in the event of your breach of any such restriction, these Terms, or the Policies.

6. Your Responsibilities

Your App. You are solely responsible for Your App. If you make Your App available to End Users, you are solely responsible for your relationship with End Users, your End Users’ use of the Picsart Services, and any support you offer End Users regarding Your App or the Picsart Services. You will not misrepresent or deceive anyone regarding the Services, or any other related products, tools, services, or content Picsart may make available to you or your End Users. You will promptly suspend or terminate an End User’s access to the Picsart Services upon our request.
End User Agreement. Prior to allowing End Users to access any functionality within Your App that accesses, integrates with, or calls the Services, you shall require each End User to enter into a legally enforceable agreement (“End User License Agreement”) that includes (a) the provisions set forth in Exhibit A - End User License Agreement, (b) the applicable limitations in Section 18 (Limitations of Liability), and (c) the applicable dispute resolution requirements in Sections 26 (Dispute Resolution) and 27 (Arbitration Agreement & Waiver of Certain Rights). You are responsible for your End Users’ compliance with the End User License Agreement.
End User Privacy Policy. You must maintain and prominently display a privacy policy where your End Users download or access Your App (“End User Privacy Policy”). The End User Privacy Policy must describe your collection, use, storage, and sharing of data (including for advertising) in clear and accurate terms and comply with all applicable laws. You represent, warrant, and will ensure that before any of your End Users access, use, or engage with Your App in connection with the Picsart Services, and at all times during such access, use, or engagement, you will provide all notices and obtain all consents required under applicable law to enable Picsart to process your End Users’ data in accordance with these Terms and the Picsart Privacy Policy, including Picsart’s right to collect data directly from your End Users using cookies or other similar means, and you will not make any representations or other statements with respect to our use of your End Users’ data that are inconsistent with these Terms or our Privacy Policy.
Attribution. Our grant of the license in Section 4 (Our License to You) is conditioned upon your inclusion of an attribution credit to Picsart in Your App where the Picsart Services are available to your End Users, or in another location where you provide such credits (for example, the webpage where you provide credits for use of third party or open source software). Such attribution must follow any attribution requirements available in the Picsart Enterprise portal at picsart.io. We grant you a non-exclusive, non-transferable, non-sublicensable license during the Term to use and display the Picsart name, service marks, and logo (“Picsart Marks”) solely as needed to provide the foregoing attribution. Use of Picsart Marks must comply with any applicable usage guidelines communicated to you by us. Except as expressly provided in these Terms, we reserves all right, title, and interest in and to the Picsart Marks, and no title to or ownership is transferred to you or any other person under these Terms. All goodwill arising from your use of the Picsart Marks shall inure to the benefit of Picsart.
Security; Data Breach Notification. You agree to use at least industry standard security measures to prevent harm and unauthorized access or use of any of the features or functionality of the Services. You must promptly report in writing to [email protected] any security deficiencies or breaches that may impact or compromise the Services and work with us to immediately correct any such deficiency or breach. In the event you experience a data breach or similar security incident, you will be solely responsible, at your own expense, for investigation, remediation, and notifications to affected End Users and regulatory authorities in accordance with applicable law and industry standards. You must obtain our approval for any notifications to End Users that refer directly or indirectly to Picsart. If we believe that a security breach, data leak, data loss, or compromise of data has occurred (or is likely to occur) on or in your internal systems, facilities, or Your App or those of any of your third-party service providers that is affecting, or may affect, your compliance with these Terms or the functionality or safety of the Services, then we may immediately request you to permit a third-party auditor approved by Picsart to conduct an audit of your systems and facilities, at your sole expense, and you must fully cooperate with any requests for information or assistance that the auditor makes as part of the audit. If the auditor finds any security flaws or deficiencies, you must promptly correct them. If you refuse to permit an audit we request pursuant to this section, we may suspend or terminate your access to the Services at our sole discretion.

7. Restrictions

You will not, and you will take all commercially reasonable measures to ensure your End Users and other third parties will not:

access or use (or attempt to access or use) your Account, the Services, or Licensed Content in any way not described or permitted in these Terms, the Policies, or the applicable Picsart documentation;
access or use (or attempt to access or use) your Account, the Services, or Licensed Content in any way that violates these Terms, the Policies, applicable Picsart documentation, or any applicable laws, regulations, or third-party rights (including without limitation, laws regarding import, export, or re-export, data protection and security laws, privacy laws, local laws, and the Export Administration Regulations, the International Traffic in Arms Regulations, and economic sanctions programs implemented by the Office of Foreign Assets Control);
copy, modify, or create derivative works of the Services in whole or in part, except to the extent needed to integrate Your App or use the Services in compliance with these Terms and any other applicable Picsart documentation;
sell, resell, rent, lease, transfer, assign, distribute, license, sublicense, timeshare, or otherwise commercially exploit or make available to anyone (other than your End Users in compliance with these Terms) any portion of the Services;
attempt to decompile, disassemble, disable, reverse engineer, modify, copy, or create any circumvention of or otherwise seek access to the source code, object code, or underlying structure, ideas, algorithms, or any other intellectual property comprising, in whole or in part, the Services, including, without limitation, network security, decryption materials, reporting functionality, or network access generally;
send or store material containing software viruses, worms, Trojan horses, or other harmful computer code, files, scripts, agents, or programs to, in, or using any Picsart service, system, or network;
access or monitor any material or information on any Picsart service, system, or network using any manual process or robot, spider, scraper, or other automated means;
use the Services with any software or other materials that are subject to licenses or restrictions (e.g., open source software licenses) that, when combined with the Services would require us to disclose, license, distribute, or otherwise make all or any part of the Services available to anyone in a manner inconsistent with these Terms;
compromise, break, circumvent, or interfere with (or attempt such actions) any features or functionality of the Services, or with any of Picsart’s technical processes or security measures, including without limitation, testing the vulnerability of Picsart’s systems or networks;
attempt to exceed or circumvent limitations on access, calls, or use of the Services, or otherwise use the Services in a manner that exceeds reasonable request volume, constitutes excessive or abusive usage, attempts to extract data from the Services other than as permitted through the Services, or otherwise fails to comply or is inconsistent with these Terms;
run automated scans of the Services without prior written permission from Picsart;
use the Services for social engineering of any kind, including phishing, vishing, or smishing;
use the Services to intentionally or carelessly create or expose a security vulnerability, or to violate the privacy rights or destroy the data of others;
use the Services to defame, harass, or engage in offensive or objectionable conduct towards others, as determined at the sole discretion of Picsart;
access or use any developer accounts that are not your Account, or share your Credentials with any third party;
access or use the Developer Tools by any means other than through your Account;
mask (or attempt to mask) your or an End User’s identity when accessing or using the Developer Tools or using or enabling access to the Picsart Services;
perform DoS or DDoS attacks on, or using, the Services or any other Picsart system or network;
use the Services or Licensed Content to train any artificial intelligence models or to otherwise improve your, or any third party’s, products, or services through similar automated means;
access or use the Services or Licensed Content for benchmarking purposes, or for the purpose of creating or delivering functionality to your End Users, or their end users, that: (a) replicates or attempts to replace the essential user experience of Picsart’s products or service, or (b) competes with the Services (including any Services or Licensed Content provided or enabled by Picsart’s licensors) or Picsart;
publicly disseminate information from any source regarding the performance of the Services; or
remove, obscure, or alter any notice of intellectual property rights of Picsart or its licensors present on or in the Services or any other Picsart services or component thereof.

8. Content; Data

Content. The Services permit you and, if applicable, your End Users, to submit, create, or generate information, content, or other materials (including AI Input and AI Output) (collectively, “Content”). To the extent permitted by applicable law and excluding Licensed Content embedded in any Content, you or your End Users, as applicable, retain ownership of Content. You are responsible for any and all Content, including compliance with applicable laws, rules, and regulations. We reserve the right to remove any Content that violates these Terms or the Policies, including sexually explicit Content, Content that we determine in our sole discretion is otherwise inappropriate, or for copyright, trademark, or other intellectual property violations, but we are not obligated to monitor Content. You agree, represent, and warrant that at no time will you or your End Users transmit to Picsart or use the Services to process any Content or other data that (i) is subject to HIIPA, GLBA, or PCI compliance or protections, (ii) violates our Community Guidelines, or (iii) is included in the special categories of personal data (e.g., racial or ethnic origin, etc.) under the GDPR (as defined in our Data Processing Addendum) or sensitive data (as defined under US privacy laws), or (iv) is subject to any other laws or regulations that provide similar legal protections to data.
License to Us. For the purpose of Picsart providing, maintaining, and improving its services, you hereby represent and warrant that you, and each of your End Users, have all rights, title, and license to grant, and do hereby grant to Picsart, a worldwide, perpetual, non-exclusive, irrevocable, royalty free, fully-paid, fully sublicensable, fully assignable license to download, duplicate, reproduce, modify, distribute, publicly perform, translate, publicly display, create derivative works of, or otherwise use (and in each case, an unlimited number of times) any and all Content.
Privacy; DPA. As applicable, Picsart will process your and your End Users’ data in accordance with its Privacy Policy, applicable law, and our Data Processing Addendum (“DPA”), which is incorporated by reference. You agree that the contact information you provide when creating your Account (e.g., name, address, etc.) shall be incorporated into and become part of Annex 1.A of Appendix 1 to the DPA. You further agree that by accessing or using the Services, you agree to and are bound by the Data Processing Addendum.
Usage Data. In order to provide, maintain, and develop the Services, we need to collect certain information from you and your End Users, and you agree that Picsart may collect this information. You also agree that to provide Picsart’s users with novel and improved product offerings, Picsart may: (i) monitor your and your End Users’ use of, and collect usage and performance data related to, the Services; and (ii) use machine learning and artificial intelligence to analyze your and your End Users’ use of the Services (collectively, “Usage Data”).
Feedback. Any feedback, comments, or suggestions you may provide regarding the Services is gratuitous, unsolicited, and provided without restriction, and we are free to use such feedback, comments, or suggestions as we see fit without any attribution or obligation whatsoever to you or your End Users.

9. Integration Requirements

After Picsart makes the Developer Tools available to you under these Terms, you may integrate and deploy Picsart Services into Your App for use by End Users. All such integration and deployment shall be in accordance with these Terms, the Policies, and the API integration requirements, guidelines, and documentation available in the Picsart Enterprise portal at picsart.io.

10. Fees; Taxes

Fees. We may charge a fee for access to or use of the Services. Subject to the terms of any order form or other written agreement between the parties referencing these Terms, all fees for your use of the Services must be paid in advance, and all purchased Services must be used within twelve (12) months of the purchase date. Any terms or conditions stated in any purchase order or other similar document created or issued by you are null and void. Except for the refund right explicitly set forth in Section 20(b), all payments are non-cancelable, non-refundable obligations. Except as publicized by us, our fees, including in any order form or similar document, are our Confidential Information.
Taxes. You will be responsible for all taxes associated with your or your End Users’ use of the Services, other than taxes based on Picsart’s net income.
Records. If you are agreeing to these Terms as part of a revenue sharing agreement with Picsart, you shall maintain and keep accurate books and records covering all matters and transactions relating to these Terms (including those related to fees charged and collected). Picsart (or its duly authorized representatives subject to an obligation of confidentiality) shall have the right, at our expense, not more than once per year, upon at least 15 days’ written notice (email to suffice), and at reasonable hours of the day, to examine any records or activity related to your access to or use of the Services for the purpose of verifying compliance with these Terms. The rights and requirements of this subsection shall apply for the entire term of these Terms and for one year thereafter.

11. Promotion and Marketing

During the term of these Terms, if Your App is made available to End Users, and if requested by Picsart, you agree to work in good faith to promote and market (including through co-marketing initiatives with Picsart) Your App’s integration with the Services. Any and all such promotion and marketing efforts must have Picsart’s prior written consent (email to suffice), with such consent at Picsart’s sole discretion.

12. Trademark Licenses

You hereby grant to Picsart, and represent and warrant that you have the right to grant to Picsart, a worldwide, unlimited, non-exclusive, irrevocable, royalty free, fully-paid, fully sublicensable, fully assignable license to display your name, product name of Your App, logos, and trademarks in connection with these Terms, including, without limitation, in and on the Picsart Enterprise portal and similar websites, and in all related Picsart marketing materials. Besides the attribution credit to Picsart described in Section 4 (Our License to You), you shall not have any right or license to use or display the Picsart Marks or Picsart’s other trademarks, product names, logos, domain names, distinctive brand features, or other proprietary or intellectual property with or in Your App or any other public-facing content without Picsart’s prior written consent, or unless required by the nature of the Picsart Services integrated into Your App (e.g., specific buttons that Picsart provides for certain Picsart Services). You may not issue any press release or make any public statement related to these Terms or the Services (including in promotional material) without our prior written consent (email to suffice), or misrepresent or embellish the relationship between you and us, as determined by us in our sole discretion. Upon your termination of these Terms pursuant to Section 20 (Termination; Suspension), we will stop use of your name, logos, and trademarks under this Section no later than 90 days following our receipt of a written request from you at [email protected]. Any such request shall only be valid if received after your termination is effective.

13. Support

Except as otherwise set forth in these Terms or an order form signed by us, we are not responsible for providing technical support to you or your End Users. Picsart shall provide you with reasonable assistance to enable you to provide technical support to your End Users related to the Services (e.g., documentation describing known and solved issues, responses to frequently asked questions, etc.). Unless they have entered into a separate agreement with Picsart, End Users are not Picsart customers.

14. Trials

We may offer sandbox environments, test accounts, beta features, and other materials for your testing and evaluation as part of the Services (“Trials”). Trials are for your internal development and testing purposes related to the Services only. You agree that we are not obligated to provide Trials and have no liability for your access or use of Trials (including liability for direct damages), and you will not provide any third party with access to Trials without our prior written consent.

15. Reporting

On a monthly basis, or as otherwise reasonably requested by us, we may request and you shall provide certain reports relating to your use of the Services and your End Users’ use of the Picsart Services. You shall provide all reasonably requested reports at your sole cost and expense. The requested information may include conversion rates related to usage (e.g., number of End Users that accessed the Picsart Services, number of purchases made by End Users, amounts of such purchases, etc.). In addition, if requested by Picsart and at your sole cost and expense, you shall send Picsart real-time transaction data, via HTTP webhook, for each individual purchase made on your purchase and/or shopping cart platform(s) related to End Users’ use of the Picsart Services. Such webhooks shall contain all data reasonably requested by Picsart (e.g., item(s) purchased, amount of purchase, etc.) and shall be sent directly to Picsart’s back-end servers (such servers to be chosen by Picsart at its sole discretion) no later than five (5) minutes after the applicable transaction occurred. Some reporting may require your inclusion of tracking cookies or pixels on certain webpages in order to allow Picsart to obtain analytics data regarding the promotion and utilization of the Services, and you hereby agree to such inclusion. For the avoidance of doubt, all reporting provided by you, or on your behalf, pursuant to this Section will be subject to and in strict compliance with your security and privacy obligations in these Terms. Further, in the event of any discrepancy in your records and Picsart’s records, Picsart’s records shall control.

16. Indemnification

You agree to indemnify, defend, and hold harmless Picsart and its affiliates and their respective officers, directors, employees, agents, successors, and assigns from and against any action, claim, demand, damages, debts, penalties, fines, liabilities, costs and expenses (including reasonable attorneys’ fees and costs), based on or arising out of (a) Content, (b) Your App, including your End User’s use of Your App, (c) your or your End Users’ violation of law or breach of these Terms, or (d) infringement or misappropriation of any third-party rights in connection with your use of the Services or your End Users’ use of the Picsart Services. If any claims subject to the foregoing arise, Picsart will: (i) promptly notify you of the claim, and (ii) allow you to have sole control of its defense, with your choice of counsel (subject to Picsart’s reasonable approval); however, any settlement must be pre-approved, in writing, by Picsart (not to be unreasonably withheld or delayed). Picsart may, at its own expense, participate in the defense and settlement of any claim with its own counsel. Picsart will provide reasonable assistance in the defense and settlement at your expense.

17. Warranties

THE SERVICES AND LICENSED CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, PICSART AND PICSART’S LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, AS TO THE SERVICES OR LICENSED CONTENT, AND PICSART HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. PICSART DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR LICENSED CONTENT WILL MEET YOUR OR YOUR END USERS’ REQUIREMENTS OR WILL BE ERROR-FREE, UNINTERRUPTED, AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, WITHOUT DEFECT, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED. YOU MAY HAVE OTHER STATUTORY RIGHTS, IN WHICH CASE THE DISCLAIMERS ABOVE WILL APPLY TO THE FULL EXTENT PERMITTED BY LAW.

18. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PICSART OR ITS AFFILIATES, OR ITS OR THEIR RESPECTIVE LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, OR ASSIGNS, BE LIABLE TO YOU OR ANY OF YOUR END USERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES ARISING OR RESULTING FROM (I) ERRORS, MISTAKES, OR INACCURACIES OF, OR IN, THE SERVICES OR LICENSED CONTENT, (II) YOUR OR YOUR END USERS’ ACCESS TO OR USE OF (OR YOUR INABILITY TO ACCESS OR USE) THE SERVICES OR LICENSED CONTENT, OR ANY INFORMATION STORED IN OR ON THE SERVICES OR YOUR APP, (III) ANY CONDUCT OR CONTENT (INCLUDING AI INPUT AND AI OUTPUT) OF YOURS, YOUR END USERS, OR ANY THIRD PARTY ON OR THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OR CONTENT, (IV) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICES OR LICENSED CONTENT, OR (V) ANY UNAUTHORIZED ACCESS TO OR USE OR ALTERATION OF YOUR OR YOUR END USERS’ TRANSMISSIONS OR CONTENT, WHETHER SUCH CLAIMS ARE BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PICSART IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PICSART OR ITS AFFILIATES, OR ITS OR THEIR RESPECTIVE LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, OR ASSIGNS’ AGGREGATE CUMULATIVE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS ($100.00), OR (B) THE AMOUNTS ACTUALLY PAID BY YOU TO PICSART UNDER THESE TERMS IN THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO SUCH CLAIM(S). THE EXISTENCE OF ONE OR MORE CLAIMS WILL NOT SERVE TO ENLARGE THIS LIMIT. THIS LIMITATION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY SET FORTH HEREIN. YOU HEREBY AGREE TO PLACE, AND SHALL PLACE, LEGALLY BINDING LIMITATIONS OF LIABILITY UPON YOUR END USERS THAT ARE NO LESS PROTECTIVE OF PICSART’S RIGHTS THAN THE LIMITATIONS SET FORTH IN THIS SECTION.

YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS IN THIS SECTION ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND PICSART, AND PICSART WOULD NOT ENTER INTO THESE TERMS WITHOUT THESE LIMITATIONS.

19. Confidential Information

You may be given access to certain non-public information, software, and/or specifications relating to the Services or Picsart (“Confidential Information”). Any such information that is marked confidential or that a reasonable person would consider confidential under the circumstances of its disclosure shall be considered Confidential Information. You agree (i) that Confidential Information is confidential and proprietary to Picsart, (ii) to only use Confidential Information as reasonably necessary for your use of the Services, and (iii) that, unless expressly required by law, you will not disclose Confidential Information to any third party without Picsart’s prior written consent. If such a disclosure is required, you will immediately notify Picsart of such request, unless prohibited by law. You agree that you will protect Confidential Information from unauthorized use, access, or disclosure in the same manner that you would protect your own confidential and proprietary information of a similar nature, but in no event with less than a reasonable degree of care. You may disclose Confidential Information to your affiliates, employees, agents, contractors, and other representatives having a legitimate need to know such Confidential Information, provided you remain responsible for their compliance with this Section, and they are bound to written confidentiality obligations no less protective than this Section. Confidential Information does not include information that (a) is publicly available through no fault of your own; (b) was known to you, free of confidentiality obligations, prior to disclosure by Picsart, (c) becomes known to you, free of confidentiality obligations, from a source other than Picsart; or (d) is independently developed by you without use of Confidential Information.

20. Termination; Suspension

By You. You may terminate these Terms by terminating your Account, ceasing use of your Credentials and the Services, uninstalling or otherwise permanently deleting or removing the Services from Your App and systems, and paying any outstanding fees and costs payable to Picsart. Your obligation to pay outstanding fees and costs shall survive expiration or termination of these Terms.
By Picsart. Except as set forth in any order form or other agreement referencing these Terms, we may terminate these Terms at any time, at our sole discretion, by giving written notice to you. In the event that we terminate these Terms without cause, as your sole remedy and our sole obligations related to such termination, we will refund you for any services paid for and not yet delivered. In the event we terminate these Terms due to your breach of these Terms, all payments are nonrefundable. Upon termination, you shall (i) immediately cease use of your Credentials and the Services, (ii) uninstall or otherwise permanently delete or remove the Services from Your App and systems, (iii) return or delete all Confidential Information in your possession, and (iv) make payment in full for any fees due to Picsart through the date of termination. If you violate these Terms or any other agreement with Picsart, Picsart may, in its sole discretion, immediately suspend, terminate, or otherwise limit, in whole or in part, your access to the Services or your or your End Users’ access to the Picsart Services, or take any other action we deem necessary to protect ourselves, the Services, or our customers.
Survival. All provisions of these Terms which by their terms are to survive, or should reasonably survive, expiration or termination, shall survive expiration or termination of these Terms.

21. Your Third-Party Service Providers

Picsart is not responsible for any failure or limitation of the Services, or for any breach or alleged breach of these Terms, due to the actions or inactions of any of your third-party service providers, including, without limitation, any third party that provides or operates any portion of Your App (e.g., platform providers).

22. Third-Party Platforms

You may be able to access or use the Services through third-party platforms, websites, services, add-ons, or products ("Third-Party Platforms''). Third-Party Platforms are not part of the Services, and you acknowledge sole responsibility for and assume all risks arising from your use of any Third-Party Platforms, and that Picsart has no liability to you arising from your use of Third-Party Platforms. Use of Third-Party Platforms is subject to your agreement with the relevant Third-Party Platform provider. If you choose to use the Services in connection with a Third-Party Platform, you grant us the right to access and exchange data (including Content) with the Third-Party Platform in relation to your use of the Services. Picsart is not responsible for any data disclosure or other communication that you direct or authorize between Picsart and a Third-Party Platform and you shall not use an integration with a Third-Party Platform to circumvent any restrictions under this Agreement.

23. Insurance

You shall maintain commercially reasonable insurance coverage that ensures your ability to fulfill your obligations under these Terms.

24. Open Source Software

The Developer Tools may include or require software packages, libraries, or components licensed under an open source software license. To the limited extent that an open source software license requires your compliance with additional provisions, your use, reproduction, and distribution of the applicable open source software is governed by such license.

25. Updates; Downtime

Access or use of the Services may be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment, and Picsart is not responsible for any loss, liability, damage, or harm to you, your End Users, or Your App that may be caused by such interruption.

26. Dispute Resolution

You agree that in the event of any dispute between you (and/or your End Users) and us (including any disputes between you (and/or your End Users) and a third party agent of ours), you/they will first contact us and make a good faith effort to resolve the dispute before resorting to more formal means of resolution, including without limitation any court action. To initiate this good faith effort to informally resolve a dispute you/they agree to notify us in writing by email at [email protected] of the nature of the dispute, the basis for your/their Claims (defined below) and the resolution that you/they are seeking, including any monetary amount, with as much detail as you/they can provide so that we can gain a sufficient understanding of the dispute. Within the sixty (60) days following our receipt of this notice, you/they agree to engage in good faith efforts to resolve the dispute, including personally participating in a telephone call or videoconference with us. You/they may have a lawyer attend the call. If the dispute is not resolved within those sixty (60) days (which period can be extended by agreement of the parties), you/they or we may commence an arbitration to resolve the dispute consistent with the process set forth below. Compliance with and completing this informal dispute resolution process is a condition precedent to commencing an arbitration. You/they and we agree to toll any applicable statute of limitations and filing fee deadlines while the parties engage in this informal dispute resolution process from the date we receive your/their notice to the date an arbitration is commenced or the conclusion of the 60-day period described above, whichever is sooner. A court of competent jurisdiction shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of a demand for arbitration.

27. Arbitration Agreement & Waiver of Certain Rights

In the event a dispute cannot be resolved through communications with us, you (and your End Users) agree that any claim, counterclaim, controversy, or other disputes between you (and/or your End Users) and us or a third party agent of ours (each, a “Claim”) shall be resolved through final and binding arbitration administered by the American Arbitration Association under its Commercial or Consumer Arbitration Rules (the “AAA Rules”), as applicable, and such dispute shall be resolved in San Francisco, California. This arbitration agreement applies to any existing or future Claims that you have not individually filed in arbitration prior to the date you agreed to these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. You and we hereby waive any right to a jury trial of any Claim. The parties (including your End Users) agree that the arbitration proceedings will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs, or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies, or as specifically permitted by state law. All equitable and legal remedies that would be available in a federal, state, or local court will be available in arbitration, except that if either party seeks a public injunction, that claim or prayer for private injunctive relief must be adjudicated by a federal, state, or local court and not the arbitrator.

Judgment on any award entered by the arbitrator may be enforced in any court having jurisdiction. ANY CAUSE OF ACTION BROUGHT BY YOU (OR YOUR END USERS) AGAINST US, OR OUR AFFILIATES, OFFICERS, DIRECTORS, OR AGENTS, MUST BE INSTITUTED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ARISES OR BE DEEMED FOREVER WAIVED AND BARRED.

The arbitrator, and not any federal, state, or local court, will have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this arbitration agreement is void or voidable. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.

To begin an arbitration proceeding, you (or your End Users) must send us an individual letter signed by you/them requesting arbitration and describing your Claim to PicsArt, Inc., Optima Onyx Tower, Suite 1103 1010 South Federal Highway, Hallandale Beach, FL 33009, Attn: Legal Department. This letter must be sent at least ten (10) days before you/they initiate an arbitration proceeding against us.

Any party to the arbitration may at any time serve an offer of compromise in writing upon any other party to the action. Offers of compromise pursuant to these Terms will be adjudicated and interpreted in accordance with California Code of Civil Procedure section 998.

If you/they demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Picsart will pay as much of the administrative costs and arbitrator's fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.

This arbitration agreement does not preclude you (or your End User) or Picsart from seeking action by federal, state, or local government agencies. You (or your End User) and Picsart also have the right to bring qualifying claims in small claims court or transfer qualifying claims to small claims court. Either party may elect that a Claim be filed exclusively in a small claims court of competent jurisdiction by providing notice to the other party. In the event a Claim has already been filed in arbitration, the party who has filed that Claim will, within ten (10) days of receiving such a notice, withdraw their Claim from arbitration. The parties will then proceed with the Claim exclusively in small claims court. A party may apply to any court of competent jurisdiction to enforce the terms of this paragraph. In addition, you (or your End User) and Picsart retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions. Any such request shall not be deemed incompatible with these Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms.

ANY ARBITRATION UNDER THESE TERMS BY YOU, YOUR END USERS, OR US WILL ONLY BE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, REPRESENTATIVE ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED.

You agree that the U.S. Federal Arbitration Act governs this provision, and that you, your End Users, and we are each waiving the right to a trial by jury or to participate in a class action. No waiver of any provision of this Section of these Terms will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of these Terms. The arbitrator may award in the arbitration the same damages or other relief available under applicable law, including injunctive and declaratory relief, as if the action were brought in court on an individual basis. Notwithstanding anything to the contrary in the foregoing or herein, the arbitrator may not issue a “public injunction” and any such “public injunction” may be awarded only by a federal or state court. If either party seeks a “public injunction,” all other claims and prayers for relief must be adjudicated in arbitration first and any prayer or claim for a “public injunction” in federal or state court stayed until the arbitration is completed, after which the federal or state court can adjudicate the party’s claim or prayer for “public injunctive relief.” In doing so, the federal or state court is bound under principles of claim or issue preclusion by the decision of the arbitrator.

This Dispute Resolution provision will survive any termination of these Terms.

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR PICSART WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

Mass Arbitration Process Requirements

If twenty-five (25) or more similar claims are asserted against Picsart at or around the same time by the same or coordinated counsel or are otherwise coordinated (and your Claim is one such claim), you (and your End Users) understand and agree that the resolution of your/their Claim might be delayed. You/they also agree to the following process and application of the AAA Multiple Consumer Case Filing Fee Schedule and Supplementary Rules. Twenty (20) claims shall be selected to proceed to individual arbitration proceedings as part of a first batching process, ten (10) of which will be selected by the claimants and ten (10) of which will be selected by Picsart. The remaining claims shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those claims until they are selected to proceed to individual arbitration proceedings as part of the staged process described herein. If the parties are unable to resolve the remaining claims after the conclusion of the initial twenty (20) proceedings, the parties shall participate in a global mediation session before a retired state or federal court judge, for which Picsart will pay the mediator's fee. If the parties are unable to resolve the remaining claims through mediation at this time, then forty (40) claims shall be selected to proceed to individual arbitration proceedings as part of a second batching process, twenty (20) of which will be selected by the claimants and twenty (20) of which will be selected by Picsart (If there are fewer than forty (40) claims remaining, all shall proceed). The remaining claims shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those claims until they are selected to proceed to individual arbitration proceedings as part of the staged process described herein. In any batching process, a single arbitrator shall preside over each proceeding, and only one proceeding may be assigned to each arbitrator unless the parties agree otherwise. If the parties are unable to resolve the remaining claims after the conclusion of the forty (40) proceedings, the parties shall participate in another global mediation session before a retired state or federal court judge, for which Picsart will pay the mediator's fee. If the parties are unable to resolve the remaining claims in mediation at this time, this staged process shall continue with no more than one hundred (100) claims proceeding at any time in a staged order that is selected randomly or by the AAA, until all the coordinated claims, including your/their Claim, are adjudicated or otherwise resolved. At any time during these proceedings, we agree to participate in a global mediation session should your/their counsel request it in an effort to resolve all remaining claims. Any applicable statute of limitations on your Claim and filing fee deadlines shall be tolled for claims subject to this section regarding “Mass Arbitration Process Requirements” from the time claims are selected for the first set of batching proceedings until the time your Claim is selected to proceed in arbitration, withdrawn, or otherwise resolved. A court of competent jurisdiction shall have authority to enforce this section regarding “Mass Arbitration Process Requirements” and, if necessary, to enjoin the filing or prosecution of arbitration demands against Picsart. Should a court of competent jurisdiction decline to enforce these “Mass Arbitration Process Requirements,” you (and/or your End Users) and we agree that your and our counsel shall engage in good faith and with the assistance of a process arbitrator to devise and implement procedures that ensure that arbitration remains efficient and cost-effective for all parties. Either party may engage with the AAA to address reductions in arbitration fees.

YOU HEREBY AGREE TO, AND SHALL, PLACE LEGALLY BINDING DISPUTE RESOLUTION TERMS (INCLUDING INFORMAL DISPUTE RESOLUTION AND MASS ARBITRATION PROCEDURES) UPON YOUR END USERS THAT APPLY TO THEIR USE OF THE PICSART SERVICES, AND WHICH ARE CONSISTENT WITH THE TERMS SET FORTH IN SECTIONS 26 AND 27.

28. General

Failure by either party to enforce any provision of these Terms (including the Policies) will not be deemed a waiver of future enforcement of that, or any other, provision. Picsart reserves the right to alter these Terms and any Policies at any time in its sole discretion. Picsart will notify you of any such alterations by posting the updated Terms or Policies to the Picsart Enterprise portal at picsart.io (or any successor URL), and/or by any other such means Picsart deems necessary, if any, at its sole discretion. You must regularly review these Terms and the Policies to ensure your compliance with them. Your continued use of the Services after such notification has been given will constitute your agreement to and acceptance of any changes. If you object to any of the changes, your sole recourse shall be to immediately terminate your Account and cease using the Services. You and Picsart are independent contractors. Neither you nor Picsart will have the right, power or implied authority to create any obligation or duty on behalf of the other. These Terms are governed by the laws of the State of California without giving effect to any conflicts of laws principles. However, some countries (including those in the European Union) have laws that require agreements to be governed by the local laws of the consumer's country. This provision doesn’t override those laws. You agree that any judicial proceeding to resolve claims relating to these Terms will be brought in the federal or state courts of San Francisco County, California, subject to the mandatory arbitration provisions above. 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. 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. You agree that we may provide disclosures and notices required by law and other information about your Account to you electronically, by posting it on the Picsart Enterprise portal at picsart.io, pushing notifications through the Services, or by emailing it to the email address listed in your Account. You acknowledge and agree that 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. Picsart will send notices to the contact information contained in your Account, and you agree to receive such communications. All notices to Picsart must be sent to [email protected]. The exhibits identified in these Terms and the Policies are incorporated herein by reference and made a part hereof. These Terms, including the Policies, constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all other prior agreements and understandings, both written and oral, between you and us with respect to the subject matter hereof. You may not assign, transfer or delegate any right or obligations under these Terms without the prior written consent of Picsart. Picsart may assign or transfer these Terms and its rights and obligations without your consent to any of its affiliates or pursuant to a merger, reorganization, acquisition, or the sale of substantially all of its assets or equity.

EXHIBIT A TO PICSART API TERMS

END USER LICENSE AGREEMENT

Use of the tools and services Picsart makes available via [INSERT YOUR NAME]’s services (the “Picsart Services”) by anyone under 13 years of age is strictly prohibited. By using the Picsart Services, you agree with Picsart’s Terms of Use, Generative AI Additional Terms of Use, and Community Guidelines, and you acknowledge and agree to Picsart processing of your data as described in the Picsart Privacy Policy. Please review these materials carefully before making use of the Picsart Services..

Picsart Services; Licensed Content. Picsart owns and retains all interest and rights in and to the Picsart Services. The Picsart Services may contain information or material preselected by Picsart, including, without limitation, data, text, images, stickers, graphics, and photos, owned by Picsart and its licensors (collectively, the “Licensed Content”). Picsart does not transfer title to any Licensed Content or any portion of the Picsart Services to you. Licensed Content is protected by copyright, trademark, trade dress, patent, trade secret, and other intellectual property rights, and Picsart and its licensors own and retain all such rights. Subject to these and all other applicable terms, Picsart hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access, use, and create derivative works of the Licensed Content on the Picsart Services for any purpose including commercial purposes, and use and distribute your derivative works of Licensed Content off the Picsart Services. However, under no circumstances can you create a trademark or logo based on any Licensed Content, or download, use, rent, re-sell, or distribute Licensed Content on a stand-alone basis. Notwithstanding the foregoing, your use of Licensed Content must be solely as permitted by the functionality of the Picsart Services and in compliance with this End User License Agreement and any applicable licenses, terms, or restrictions contained in Picsart's Third-Party Licenses.

You agree not to: (1) use or attempt to use the Picsart Services in violation of any applicable laws, regulations, or third-party rights; (2) attempt to gain unauthorized access to the Picsart Services or its systems or networks, including Picsart’s private APIs; (3) crawl, scrape, or otherwise cache any content or data from the Picsart Services; (4) transmit any worms, viruses, or other destructive code into or through the Picsart Services; (5) resell or charge others for use of or access to the Picsart Services; (6) duplicate, reproduce, transfer, give access to, copy or distribute any part of the Picsart Services or Licensed Content in any medium without Picsart’s prior written authorization; (7) attempt to reverse compile, reverse engineer, alter, make derivative works of, disassemble, or modify any part of the Picsart Services; (8) access any part of the Picsart Services in order to benchmark the Picsart Services or build a similar or competitive service; or (9) interfere with or disrupt the integrity or performance of the Picsart Services.

Picsart’s Generative AI Tools. Picsart Services may include generative artificial intelligence tools (the “Picsart AI Platform”). You are responsible for any text you type into, or content you upload or otherwise input to, the Picsart AI Platform (“AI Input”) and you represent to Picsart that you have all necessary rights to use AI Input with the Picsart AI Platform. You are also responsible for any content that is generated when you use the Picsart AI Platform (“AI Output”) at any stage, including editing, saving, publicly posting (including on social media), privately sharing or otherwise making AI Output available. As between you and Picsart, you own your AI Input and AI Output, in each case to the extent allowable by law. You may not use the Picsart AI Platform in a way that may violate law, the these terms (including the Picsart Terms of Use and Generative AI Additional Terms of Use), or anyone’s intellectual property, privacy, publicity, or other rights. You may not use the Picsart AI Platform in a way which may lead to unlawful or harmful AI Output. You may use AI Output for any legal purpose, but you are solely responsible for such use. Picsart provides no warranties that you will be able to claim copyright ownership of AI Output or that AI Output will not infringe on any third-party intellectual property rights. By using the Picsart AI Platform, you grant Picsart a perpetual, worldwide, royalty-free, sub-licensable, irrevocable, and non-exclusive right to (a) store, copy, use, modify, reproduce, sublicense, and distribute the AI Input in order to provide the Picsart AI Platform to you and to improve our services and those of the third-party AI providers that we use to provide the Picsart AI Platform services to you, and (b) host, use, reproduce, create derivative works of, publicly display, sublicense, distribute, and modify the AI Output, in any media now known or hereafter developed. The Picsart AI Platform and AI Output are provided “as is” without warranty of any kind, and Picsart does not warrant that AI Output is accurate, reliable, correct, non-infringing, or fit for any particular purpose.

Liability. You accept that any use of AI Output is at your own risk and that Picsart has no liability related to or arising from your use of Picsart’s AI Platform or AI Output. Because of the developing nature of AI technologies, AI Output can vary widely and might be offensive, harmful, inaccurate, or otherwise inappropriate. You understand that by using the Picsart AI Platform you may be exposed to such AI Output, and you agree that you will not save, share (including on social media), use, distribute, display, or otherwise make available any AI Output that is in violation of Picsart’s Community Guidelines.