1. Purpose, parties and acceptance
These Terms of Service (“Terms”) govern access to and use of the platform Pictulab (the “Platform”) and the contracting of associated digital services, including the purchase of tokens and cloud subscriptions.
By accessing, registering, purchasing or using the Platform, you accept these Terms and the linked documents: Privacy Policy, Cookie Policy and Legal Notice.
Owner / Provider: PUERTO INNOVA SL (Tax ID B25904202), C/ dels Caus, 6, 46870 Ontinyent, Valencia (Spain). Contact: [email protected].
These legal documents are drafted in Spanish and may be offered translated into other languages for your convenience. In the event of any discrepancy or conflict between versions, the Spanish version shall prevail.
2. Requirements, account and security
- You must be of legal age and have the legal capacity to enter into a contract.
- The information provided must be accurate, complete and kept up to date.
- You are responsible for the activity carried out from your account and for keeping your credentials secure.
- We may suspend or cancel accounts if we detect fraudulent use, legal breaches, unauthorized access attempts or violation of these Terms.
3. Service description
Pictulab offers digital features that may include:
- Image generation: creation of images from prompts and parameters.
- Tokens: usage units that allow access to certain features (e.g., generation).
- Cloud subscription: access to plans with specific features, quotas or limits.
- Storage and organization: management of assets generated or uploaded by the user.
Some features may be subject to technical limits, capacity, regional availability or anti-abuse policies.
4. Tokens
- Nature: tokens are a digital good/service that enables the use of features on the Platform.
- Consumption: when using features that require tokens, they are consumed according to the rate in force displayed on the Platform.
- Non-refundable: except where legally required or due to an error attributable to Pictulab, consumed tokens are non-refundable. Unconsumed tokens may be non-refundable if so indicated at the time of purchase (as they constitute digital content).
- Non-transferable: unless expressly indicated, tokens are personal and non-transferable between accounts.
- Expiration: if tokens have an expiration date, it will be clearly communicated before purchase. If not indicated, there is no expiration by default.
5. Cloud subscriptions, renewal and cancellation
- Plans: the applicable features, limits, prices and taxes are shown at the time of contracting.
- Renewal: unless otherwise indicated, subscriptions renew automatically for equal periods (monthly/annual) until canceled.
- Cancellation: you can cancel at any time from your account. The cancellation will take effect at the end of the period already paid for, unless otherwise indicated in the plan.
- Non-payment: if a payment cannot be processed, we may suspend access to the plan's features until it is resolved.
6. Prices, taxes, billing and payments
Prices are displayed on the Platform before confirming the purchase. Where applicable, taxes (e.g., VAT) will apply. We may use payment providers acting as processors/third parties to process transactions.
If you need an invoice, you can obtain it from your account or by requesting it at [email protected] (we may require tax details).
7. Right of withdrawal (digital content)
In accordance with consumer regulations, for purchases of digital content or digital services, the right of withdrawal may be excluded when:
- The performance of the service has begun, or
- The digital content has been supplied,
provided that the user has given their express consent and has acknowledged the loss of the right of withdrawal. During the purchase/sign-up process you will be able to view and accept this condition where applicable.
8. User content, prompts and generated images
- Ownership: you retain the rights to the content you upload and, in general, to the content you generate, to the extent permitted by law and by the rights of third parties.
- Technical license to Pictulab: you grant us a non-exclusive, worldwide license to host, reproduce, process and communicate your content solely to operate the Platform, provide the service and ensure security and abuse prevention.
- Liability: you warrant that you have the right to use the materials provided and that they do not infringe the rights of third parties (intellectual property, image rights, confidentiality, etc.).
- AI-generated content: images are created using artificial intelligence systems. You are responsible for complying with any applicable transparency obligations (including Regulation (EU) 2024/1689, the AI Act), disclosing, where appropriate, that the content has been generated or manipulated using AI.
9. Acceptable use and prohibitions
You may not use Pictulab to create, upload or distribute illegal or harmful content, or to infringe the rights of third parties. In particular, the following is prohibited:
- Content that infringes intellectual property, image rights or privacy.
- Impersonation, fraud, social engineering or unauthorized access attempts.
- Use to generate unlawful, defamatory, hateful content or content that incites violence.
- Abusive automation, mass scraping or actions that degrade the service.
We may remove content, limit features or suspend accounts if we detect breaches or security risks.
10. Service availability, changes and maintenance
The Platform is offered “as is” and may experience interruptions due to maintenance, improvements or incidents. We may modify, update or discontinue features, endeavoring to give notice when the change is significant.
This clause does not affect consumers' statutory rights. For paid digital services and content, Pictulab is liable for their conformity in accordance with Spanish Royal Legislative Decree 1/2007 (TRLGDCU) and Royal Decree-Law 7/2021.
11. Limitation of liability
To the extent permitted by law, Pictulab shall not be liable for indirect damages, loss of profit or loss of data arising from the use of or inability to use the service, interruptions or results generated by automated tools.
Except where mandatory legal provisions state otherwise, Pictulab's total liability shall be limited to the amount actually paid by the user to Pictulab in the 12 months prior to the event that gave rise to the claim.
Nothing in these Terms excludes or limits Pictulab's liability for willful misconduct, gross negligence, personal injury or any other liability that cannot be excluded or limited under applicable law. If you act as a consumer, you retain all the mandatory rights granted to you by consumer protection regulations.
12. Data protection
The processing of personal data is governed by our Privacy Policy. The use of cookies is governed by our Cookie Policy.
13. Applicable law and jurisdiction
These Terms are governed by Spanish law. For the resolution of any dispute, the parties submit to the Courts and Tribunals of Valencia, unless the applicable regulations provide otherwise, especially in matters relating to consumers and users.
PUERTO INNOVA SL — C/ dels Caus, 6, 46870 Ontinyent, Valencia — [email protected]
14. Amendments to the Terms
We may update these Terms to reflect changes in the Platform, improvements or legal requirements. The version in force shall be the one published on this page. If the change is material, we may communicate it by reasonable means.