1. Service provider

The service is provided by PUERTO INNOVA SL (“Pictulab”), with NIF (Spanish tax ID) B25904202 and registered office at C/ dels Caus, 6, 46870 Ontinyent, Valencia (Spain), registered in the Commercial Registry of Valencia, Sheet V-231231. Contact: [email protected] · +34 672 38 63 31.

The Privacy Policy, the Cookie Policy and the Legal Notice form part of these terms, as does the pricing and plan information shown at the time of purchase.

2. Definitions

Platform: the pictulab.com website, the web application, the API, the MCP server and associated tools.
User: any person who accesses the Platform. Customer: a user who purchases a paid service.
Consumer: a user acting for purposes outside their trade, business, craft or profession.
Team: the shared workspace to which one or more accounts belong, and with which tokens, plan, storage and content are associated.
Tokens: units of usage consumed when using paid features, such as generating or editing images and videos.
User Content: the prompts, files, images, videos and other materials the user uploads to the Platform. Outputs: the content generated by the Platform from them.

3. Account and requirements

You must be 18 years of age or older and have the legal capacity to enter into contracts. If you act on behalf of a company, you represent that you are authorised to bind it.
You can register with an email and password or via Google or GitHub. The information provided must be accurate and kept up to date.
You are responsible for safeguarding your credentials and API keys and for all activity carried out with them. Let us know immediately if you detect any unauthorised use.
The owner or administrator of a team decides who belongs to it and what they can do; team members can view and use the content and tokens shared in that team.
You can delete your account at any time from your account settings, on the web or in the mobile app, or by writing to us. Deletion entails the loss of any remaining tokens and of content that does not belong to a shared team. If your team has a subscription, it is cancelled at that moment.

4. Description of the service

Pictulab is a platform for generating and editing images and video using third-party artificial intelligence models, with file storage and organisation, teamwork, share links, integrations with external services, an API and free conversion and editing tools.

The available models, their features and the token cost of each operation are shown on the Platform before it is run. The models belong to their respective creators and may change, be updated or become unavailable at their discretion.

Free features and the free plan are offered with no guarantee of continuity and may be subject to usage limits.

5. Tokens

Acquisition: tokens are obtained by buying packs, through a subscription plan or via promotions (welcome bonus, referral programme or others).
Consumption: each operation consumes the tokens shown on the Platform at the time it is run. If a generation fails or is cancelled for technical reasons, the tokens are automatically returned to your balance.
Validity: purchased tokens do not expire as long as the account or team remains active. Tokens included in a subscription plan may be used for a maximum of 24 months from the date they are added to the balance; after that period, any unused tokens are removed from the balance. Tokens are consumed in order of age, oldest first.
Nature: tokens are not electronic money or a means of payment, do not earn interest, cannot be exchanged for money except in the cases provided for in these Terms or by law, and cannot be transferred to other accounts or resold.
Promotional tokens: tokens obtained free of charge may be subject to specific conditions and are non-refundable. Pictulab may cancel tokens obtained fraudulently or abusively (for example, through multiple accounts). Currently, when you create an account you receive a welcome bonus of 100 tokens. In the referral programme, the referrer receives 50 tokens for each new person who signs up with their code (up to 20 per month) and a further 500 when that person pays for their first subscription; the person invited receives 100 additional tokens. You cannot use your own code. We may change these amounts at any time, without affecting tokens already obtained.

6. Subscription plans

Purchase: plans, their features (included tokens, storage, functionality), price and billing period (monthly or annual) are shown on the pricing page and during checkout.
Automatic renewal: the subscription renews automatically at the end of each period for another of the same length, charging the current price to the registered payment method, until you cancel it.
Plan tokens: the tokens included in the plan are added to your balance each period. On annual plans, the tokens for the whole year are credited at the start. These tokens are subject to the 24-month maximum validity set out in section 5.
Changing plan: you can upgrade or downgrade from your account. The terms of the change (proration or application from the next period) are shown before you confirm it.
Cancellation: you can cancel at any time from your account, without penalty. Cancellation prevents the next renewal and takes effect at the end of the period already paid; until then you keep the plan's features. After that, the team moves to the free plan and its limits.
Price changes: we will notify you at least 30 days in advance of any change to the price of your subscription. If you do not agree, you can cancel it before the renewal.
Non-payment: if a renewal cannot be charged, we will try again and notify you; if non-payment persists, the subscription may be suspended or cancelled.

7. Prices, payment and invoicing

Prices are shown in euros. It is clearly indicated whether or not they include VAT, which will be applied according to your status and country of residence. EU businesses with a valid VAT number (verified in the VIES system) may be subject to the reverse charge mechanism.
Payment is made through Stripe, using the payment methods offered at any given time. Pictulab does not store your full card details.
We issue an invoice for every charge with the tax details you provide, which you must keep up to date. You can view them in your account or request them at [email protected].
Before confirming any purchase you will see an order summary with the total price. You will receive confirmation by email.
How to contract: you choose the token pack or plan, review the summary with the total price and pay through Stripe's secure gateway; the service starts as soon as the payment is confirmed. Until then you can correct any details by going back. The contract is concluded in the language you are browsing in, and the current version of these Terms is archived on this page.

8. Right of withdrawal

If you are a consumer, you have the right to withdraw from a token purchase or a subscription within 14 calendar days of purchase, without giving any reason (Art. 102 et seq. of Spanish Royal Legislative Decree 1/2007, the consolidated General Law for the Protection of Consumers and Users, TRLGDCU).

When you pay, the service starts right away: the tokens are added to your balance and the plan is activated. If you withdraw within the period, we refund the part you haven't used: the tokens you haven't spent and, for a subscription, the proportional part of the remaining period. What you have already used is not refunded.

You can withdraw from the dashboard itself, using the “Withdraw from contract here” button in the billing section: we will immediately email you an acknowledgement of receipt with your statement and the date and time. To withdraw, send us an unequivocal statement to [email protected] or by post to our registered address, stating your name, your account email and the purchase concerned. You may use this template: “I hereby give notice that I withdraw from my contract for [token purchase / subscription] entered into on [date], in the name of [name] with the account [email].”

We will refund that amount within 14 days at the latest from receiving your notice, using the same payment method. The unused tokens from that purchase will be removed from your balance and, if you withdraw from a subscription, the plan ends at that moment.

9. Conformity and legal guarantees

If you are a consumer, Pictulab is liable for any lack of conformity of digital content and services under the TRLGDCU (as amended by Royal Decree-Law 7/2021). If a paid service does not work as described, write to us: we will bring it into conformity and, if that is not possible, you will be entitled to a price reduction or to terminate the contract.

AI generates outputs probabilistically: the same prompt can produce different results, and an output may not match what was expected or may contain inaccuracies. The fact that an output is not to the user's liking does not in itself constitute a lack of conformity; tokens consumed on completed generations are not refunded for this reason.

10. User Content and Outputs

Ownership: you retain all rights to your User Content. To the extent permitted by law, and without prejudice to third-party rights, the Outputs belong to you and you may use them for any lawful purpose, including commercial use. Pictulab claims no rights over them.
Legal protection of Outputs: intellectual property protection for AI-generated content depends on the laws of each country and the degree of human involvement; Pictulab cannot guarantee that an Output is protectable or unique, as other users may obtain similar results.
Licence to Pictulab: you grant us a non-exclusive, royalty-free, worldwide licence, limited to the time necessary, to host, copy, process, transform and display your content for the sole purpose of providing the service to you, including sending it to the model providers you choose and making it available to the people you share it with. We do not use your content to train models or to promote Pictulab without your express permission.
Your warranties: you represent that you hold the necessary rights to the content you upload and, in particular, the consent of any identifiable people appearing in it, and that its use does not infringe third-party rights.
AI transparency: you are responsible for disclosing, where required by law, that content has been generated or manipulated with AI, especially if it depicts real people, places or events in a way that could appear authentic (Art. 50 of Regulation (EU) 2024/1689, the Artificial Intelligence Act).
Model terms: some third-party models impose their own terms of use that also apply to the user; we will inform you of them where relevant.
Backups: although we take measures to protect your files, we recommend keeping a copy of those that are important to you.

11. Acceptable use

You may not use Pictulab to create, upload, store or distribute, or attempt to do so:

Child sexual abuse material or any sexual content that depicts or appears to depict minors. We will report it to the authorities.
Sexual or intimate content of real people without their consent, including fake nudes (deepfakes).
Impersonation, images of real people created to deceive, defame or harass, or disinformation that may cause harm.
Content that infringes third parties' intellectual property, image, trademark or privacy rights.
Content that incites or glorifies hatred, violence or terrorism.
Forged documents, identification or evidence, or content intended to commit fraud.
Any other content or activity that is unlawful under applicable law.

You are also not permitted to circumvent the safety filters of the Platform or the models, access systems or accounts without authorisation, resell access without an agreement with us, create multiple accounts to obtain promotions, or make automated use that exceeds the API limits or degrades the service.

The models and the Platform apply automatic filters that may reject requests. If you breach this clause, we may remove content, block share links, restrict features, or suspend or close the account, in proportion to the seriousness of the breach and, except in serious cases or where prohibited by law, after notifying you and explaining the reason.

12. Reporting illegal content

In accordance with Regulation (EU) 2022/2065 (Digital Services Act), anyone can report content hosted on Pictulab that they consider illegal or contrary to these Terms (for example, accessible via a share link) by writing to [email protected]. The notice must include the exact address (URL) of the content, an explanation of why it is considered illegal, the name and email address of the person submitting the notice (except in cases of child abuse) and a statement of good faith. On shared content pages you will also find the “Report content” link, which prepares that email for you.

We will review notices diligently and objectively, inform the person who submitted the notice of our decision and, if we remove content, the affected user, stating the reasons and how to appeal against the decision. This address is also the single point of contact for authorities and users for the purposes of that Regulation, in Spanish or English.

13. API, integrations and third-party services

Use of the API and the MCP server is subject to these Terms, the published usage limits and the technical documentation. API keys are personal and must not be shared.
Integrations with external services (cloud storage, online stores, etc.) are also governed by the terms of those services. Pictulab is not responsible for their availability or for what they do with the content you send them.

14. Availability and changes to the service

We work to keep the Platform continuously available, but there may be interruptions due to maintenance, updates or causes beyond our control. We will try to give advance notice of scheduled interruptions.

We may modify or withdraw features and models to improve the service or for technical, legal or security reasons. If a change significantly reduces the features of a paid service you have already purchased, we will let you know and you may terminate the contract and obtain a refund for the unused portion.

15. Liability

Pictulab is liable for the proper provision of the contracted service in accordance with the law. To the extent permitted by law and except in the case of consumers, Pictulab shall not be liable for indirect damage, loss of profit or loss of business opportunities, and its total liability to business customers shall be limited to the amount paid to Pictulab in the 12 months preceding the event giving rise to it.

The user is solely responsible for the content they upload, the prompts they enter and the use they make of the Outputs, and shall hold Pictulab harmless against third-party claims arising from their breach of these Terms.

No clause in these Terms excludes or limits liability for wilful misconduct, gross negligence, personal injury or any other liability that cannot be limited by law, nor the mandatory rights of consumers.

16. Suspension and termination

You can stop using the service and delete your account at any time. Pictulab may suspend or close an account for serious or repeated breach of these Terms, fraud, non-payment or legal requirement. If the closure is not due to a breach on your part, we will refund the proportional part of the unused subscription and any tokens purchased and not consumed.

After termination, you may download your content for a reasonable period unless the closure is due to illegal content; it will then be deleted in accordance with the Privacy Policy.

17. Data protection

We process your personal data in accordance with the Privacy Policy. When you upload or process personal data of third parties with Pictulab (for example, photographs of customers or employees, or data from your online store), you are the controller of that processing and Pictulab acts as processor (Art. 28 GDPR): it will process the data only to provide the service and in accordance with your instructions, with confidentiality and appropriate security measures; it will only use the sub-processors listed in the Privacy Policy (and will inform you of any changes so that you can object); it will help you respond to data subjects' requests; and it will notify you without delay of any security breach. When the service ends, it will delete or return the data to you. If you need a signed data processing agreement, write to us.

18. Changes to the Terms

We may update these Terms due to legal, technical or service changes. We will notify you of significant changes by email or on the Platform at least 30 days in advance. If you do not agree, you may cancel your subscription and delete your account before they take effect; if you continue to use the service afterwards, you will be deemed to have accepted them.

19. Governing law, jurisdiction and dispute resolution

These Terms are governed by Spanish law. If you are a consumer, you also benefit from the mandatory consumer protection rules of your country of residence in the EU, and you may bring any claim before the courts of your place of residence. For business customers, the parties submit to the Courts and Tribunals of Valencia.

Before going to court, we invite you to write to us at [email protected] to try to resolve any problem. Official complaint forms (hojas de reclamaciones) are available to you. If you are a consumer, you may also turn to the consumer arbitration boards or to accredited alternative dispute resolution entities.

The legal documents are drafted in Spanish. Translations are provided for your convenience; in the event of any discrepancy, the Spanish version prevails, unless the law of your country provides otherwise in your favour.

20. General provisions

If any clause is declared void, the remaining clauses will remain in force. Pictulab's failure to enforce a clause at any given time does not constitute a waiver of it. You may not assign your rights or obligations without our consent. The contract is archived electronically and you can consult the current version of these Terms on this page.