Terms of Service

You may create an account via email-based passwordless authentication or supported third-party login providers (e.g., Google). You must provide accurate and complete information during registration and keep it current.

You are solely responsible for:

• Maintaining the confidentiality of your login credentials and authentication links
• All activities that occur under your account
• Immediately notifying us at hello@pictaway.com of any unauthorized use or security breach

You may maintain only one account unless we grant explicit written permission otherwise. We reserve the right to merge, suspend, or terminate duplicate accounts.

CRITICAL: Pictaway is a technology platform. We rely entirely on your representations. We do NOT — and cannot practicably — verify the accuracy of your representations.

By uploading any Reference Photo to the Service, you represent, warrant, and covenant that:

1. Ownership or Authorization: You are the copyright owner, OR you have obtained explicit written permission from BOTH the copyright owner and every identifiable individual depicted in the photo.
2. Consent of Depicted Persons: Every person whose face or likeness appears in the photo has given fully informed, voluntary, written consent to upload, AI processing, delivery, and storage by our sub-processors. You agree to retain copies of all such consents and to produce them within 7 days upon request.
3. Couple Photos Group Consent: For couple photos, both individuals MUST have explicitly consented in writing.
4. Age of Subjects: ALL persons depicted are at least 18 years of age at the time the photo was taken.
5. No Third-Party Rights Violation: The photo does not infringe any copyright, trademark, privacy right, publicity right, or any other right of any third party.
6. No Illegal or Harmful Intent: Your use of the Service is for lawful, personal purposes.
7. Truthfulness: All photos are genuine and not AI-generated or manipulated to deceive our QC.

You grant Pictaway a limited, non-exclusive, royalty-free, worldwide license to use your Reference Photos solely for the purpose of providing the Service to you. This allows us to store, process, share with AI sub-processors, perform QC, deliver portraits, and maintain backups during the retention period.

We do NOT: use your photos for marketing, advertising, or promotion; sell or share with third parties for their own purposes; train AI models on your photos; or use them for any purpose beyond fulfilling your specific order.

You must NOT upload any content that:

• Depicts any person under 18 years of age
• Contains sexually explicit, pornographic, or obscene material
• Depicts nudity or sexual acts of any kind
• Promotes violence, hatred, discrimination, or harassment
• Depicts illegal activity
• Infringes any third party's intellectual property, privacy, or publicity rights
• Contains malware, viruses, or malicious code
• Violates any applicable law or regulation

Pictaway does NOT assume any obligation to screen, review, verify, or monitor user content. Any review we conduct is voluntary and does not create any duty of care, endorsement, or liability for failing to detect a violation.

We reserve the right, in our sole discretion, to:

• Reject any uploaded photo without stating a reason
• Refuse to process any order we believe violates these Terms
• Remove uploaded content at any time
• Report illegal content to appropriate authorities

Generated Portraits are created by AI models. You acknowledge that results are inherently variable, that facial likeness depends on input quality, and that we do not guarantee perfection. Our human QC catches significant quality issues but cannot guarantee a specific output.

AI output is uncontrollable: the process may produce unexpected elements, artifacts, or features that resemble third-party individuals or copyrighted/trademarked elements. To the maximum extent permitted by law, Pictaway disclaims all liability for any claim arising from AI-generated output content.

Paid packages include free revision rounds (2–4 depending on tier). Free orders include 1 revision round. See Section 8 and our Refund Policy for how revisions interact with refunds.

Subject to your compliance with these Terms, you may claim ownership of the Generated Portraits we deliver. However, Pictaway bears ZERO responsibility for any intellectual property claims relating to Generated Portraits, including:

• Claims that Generated Portraits infringe third-party IP rights
• Claims that Generated Portraits are not eligible for copyright protection
• Any inability to register, enforce, or monetize IP rights
• Any dispute over similarity to or use of Generated Portraits

For full details, see Appendix B — AI & Copyright Policy below.

Commercial use of Generated Portraits requires our prior written consent. Contact hello@pictaway.com.

All prices are in USD and do not include any applicable taxes or duties imposed by your local jurisdiction.

We reserve the right to modify pricing at any time. Price changes will not affect orders already placed and paid for.

Payments are processed securely through Stripe. We do not store complete credit card information on our servers.

A binding contract is formed when we send you an order confirmation email.

Our target delivery timeframe is within 24 hours of order submission. This is an estimate, not a guarantee.

Every portrait is delivered in high resolution, with 2048 pixels on the long edge. Files are suitable for digital sharing and printing. Orientation chosen by our artist for the best composition.

Pictaway owns all rights to:

• The pictaway.com website, including design, layout, and UI
• The "Pictaway" name, logo, and related trademarks
• Original text, graphics, and written content
• Underlying software code (excluding open-source components)
• Our AI generation workflow, prompt engineering, and QC methodology (as trade secrets)

Any feedback, suggestions, or ideas you provide grant us a perpetual, irrevocable, worldwide, royalty-free license to use them without compensation or attribution.

You may close your account at any time by emailing hello@pictaway.com.

We may suspend or terminate your account, with or without notice, if you breach these Terms, create risk for us, or if required by law.

Your right to use the Service ceases immediately. Sections 9, 11, 12, 13, 15, 16, and this 14.3 survive termination.

These Terms are governed by the laws of the Hong Kong Special Administrative Region, without regard to conflict-of-law principles. The UN Convention on Contracts for the International Sale of Goods does not apply.

The courts of Hong Kong SAR have exclusive jurisdiction over any dispute. You agree not to bring claims in any other jurisdiction.

Pictaway is a technology platform and claims all available safe harbors under the Hong Kong Electronic Transactions Ordinance, U.S. CDA §230, DMCA §512, the EU Digital Services Act, and the EU E-Commerce Directive, where applicable.

Before any formal legal proceeding, contact us at hello@pictaway.com and attempt good-faith resolution within 30 days.

If informal resolution fails, disputes shall be finally resolved by binding arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) — seat: Hong Kong SAR, language: English, one arbitrator.

YOU AND PICTAWAY AGREE THAT EACH MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS PART OF ANY CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.

Either party may seek injunctive or equitable relief in a court of competent jurisdiction to prevent IP infringement.

The following content is strictly prohibited:

To ensure quality results, uploaded photos should:

• Show faces clearly (well-lit, front-facing or near-front-facing)
• Be reasonably high resolution (at least 512×512 pixels recommended)
• Feature the same people consistently across all upload slots

• Personal display, sharing, and enjoyment
• Personal social media posts (with appropriate AI disclosure)
• Personal printing and framing
• Sharing with friends and family

When sharing publicly, we encourage transparent disclosure that the images are AI-generated.

• Maintain only one account
• Provide accurate information when registering
• Do not impersonate others
• Do not share authentication links or account access
• Do not create accounts on behalf of others without their knowledge

• Do not bypass, disable, or interfere with security features
• Do not use bots, scrapers, or automated tools
• Do not reverse-engineer, decompile, or extract our software
• Do not overload, flood, or disrupt our servers
• Report bugs and vulnerabilities to hello@pictaway.com — do not exploit them

• Use only your own valid payment methods
• Do not use stolen or fraudulent payment information
• Do not abuse refund or chargeback processes

1. Content removal
2. Order rejection
3. Formal warning
4. Account suspension
5. Account termination
6. Legal action / referral to authorities
7. Financial liability — indemnification under Terms Section 13

No Refund: if your order or account is terminated for AUP violation, you are NOT entitled to any refund.

Email hello@pictaway.com with "Appeal" in the subject. We review within 5 business days. Appeals are at our sole discretion.

We will cooperate with law enforcement and comply with valid legal requests. We are not required to notify you before making such reports.

This AUP governs your relationship with Pictaway. It does NOT limit your liability to third parties. Pictaway will not defend, pay for, or indemnify you against third-party claims.

1. We make no guarantee that Generated Portraits are eligible for copyright protection
2. We do not assert copyright over the AI-generated images themselves
3. We assign to you whatever ownership rights we may have, subject to your acceptance of all associated risk
4. We grant you a perpetual personal-use license (see Section B.4)

ALL IP RISK IS YOURS. You agree not to bring any claim against Pictaway arising from inability to register/enforce copyright, third-party infringement claims, or any consequences of your use of Generated Portraits.

Suggested language:

"Portrait generated by Pictaway AI"

Commercial use includes:

• Selling the portraits (prints, digital files, NFTs)
• Advertising or marketing materials
• Commercial products or merchandise
• Licensing to third parties
• Promoting a business, brand, or service

Contact hello@pictaway.com to discuss licensing options.

Email hello@pictaway.com with subject "DMCA/Copyright Notice". Your notice must include:

1. Your name, address, telephone number, and email
2. Description of the copyrighted work allegedly infringed
3. URL or location of the allegedly infringing material
4. A statement of good-faith belief that the use is not authorized
5. A statement under penalty of perjury that the information is accurate and you are authorized
6. Your physical or electronic signature

Include name/address/phone, identification of removed material, statement under penalty of perjury, consent to Hong Kong jurisdiction, and signature.

We terminate accounts of repeat copyright infringers.