Terms of Service

Last updated: December 11, 2024

1. Acceptance of Terms

By accessing or using the PictPerfect website, mobile application, or related services (collectively, the "Service"), operated by BC Innovation Labs LLC DBA PictPerfect ("PictPerfect," "we," "us," or "our"), you ("User" or "you") agree to be bound by these Terms of Service ("Terms"). If you do not agree, you may not use the Service.

2. Description of the Service

PictPerfect provides an AI-driven photo coaching service designed to help you capture well-composed photographs. Through live SVG overlays and personalized tips, we guide you to improve your photography skills. Each photo you take using our Service requires the expenditure of credits, which you may purchase as described below.

3. Eligibility

You must be at least 13 years of age to use the Service. By using the Service, you represent and warrant that you have the right, authority, and capacity to enter into and abide by these Terms. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

4. Account Registration

To access certain features of the Service, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information as needed. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

5. Credits and Payment

Credits: The Service operates on a credit-based system. Each credit entitles you to capture one photograph using our AI coaching features. You may purchase credits in packages, or as otherwise offered by PictPerfect.

Payment Terms: All fees are payable in advance. Prices and available credit packages are as listed on our website or as otherwise communicated to you through the Service. We reserve the right to change prices and credit package offerings at any time.

No Refunds: All purchases of credits are final and non-refundable, unless otherwise required by applicable law.

6. User Content

You retain all rights to any photographs or other content ("User Content") you capture or upload through the Service. By using the Service, you grant PictPerfect a worldwide, non-exclusive, royalty-free license to use, store, display, reproduce, and analyze your User Content solely for the purpose of providing and improving the Service, as well as for limited promotional and marketing activities as described in our Privacy Policy.

You represent and warrant that you have the necessary rights to upload or provide User Content to the Service, and that your User Content does not infringe any third-party intellectual property rights, violate any law, or otherwise breach these Terms.

7. User Conduct

You agree not to use the Service to:

8. Intellectual Property Rights

All intellectual property rights in the Service, including but not limited to text, graphics, logos, icons, images, software, and other materials (excluding your User Content) are owned by or licensed to PictPerfect. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Service for your personal, non-commercial use. Any unauthorized use of the Service may result in the termination of this license and your account.

9. Privacy

Your use of the Service is also governed by our Privacy Policy. By using the Service, you consent to the collection, use, and disclosure of your personal information, photographs, and location data as described in the Privacy Policy.

10. Data and Storage

We make reasonable efforts to maintain the availability and security of the Service, but we do not guarantee uninterrupted access. We are not liable for any loss of data or downtime. You are responsible for backing up any photographs or other User Content you wish to retain.

11. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PICTPERFECT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. PICTPERFECT DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, BE ACCURATE, RELIABLE, UNINTERRUPTED, OR ERROR-FREE.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PICTPERFECT, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, LOST DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OR INABILITY TO USE THE SERVICE. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF PICTPERFECT EXCEED THE AMOUNTS PAID BY YOU TO PICTPERFECT IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

13. Indemnification

You agree to indemnify, defend, and hold harmless PictPerfect and its affiliates, directors, officers, employees, agents, and licensors from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney's fees, arising out of or in any way connected with your access to or use of the Service, your User Content, or your violation of these Terms.

14. Termination

We may terminate or suspend your account and access to the Service at any time, with or without notice, for any reason, including your violation of these Terms. Upon termination, all licenses and rights granted to you in these Terms will cease, and you will not be entitled to any refunds for unused credits.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Washington, without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of the state and federal courts located in King County, Washington, to resolve any dispute arising out of or relating to these Terms or the Service.

16. Changes to Terms

We may update these Terms from time to time. Any changes will be posted on this page, and we will update the "Last updated" date at the top of these Terms. Your continued use of the Service after any modifications indicates your acceptance of the changes.

17. Contact Us

If you have any questions or concerns about these Terms, please contact us at:

BC Innovation Labs LLC DBA PictPerfect
Attn: Legal Department
10922 80th Pl NE
Kirkland, WA 98034
legal@pictperfect.com