BEFORE USING ANY PICLUMEN SERVICE, YOU ARE REQUIRED TO READ, UNDERSTAND, AND AGREE TO THESE TERMS. YOU MAY ONLY CREATE AN ACCOUNT AFTER HAVING READ AND ACCEPTED THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THE CONDITIONS SET FORTH IN THIS DOCUMENT, PLEASE REFRAIN FROM USING OUR PRODUCTS AND SERVICES.
1. Introduction
1.1 These Terms and Conditions govern the contractual relationship between you and PicLumen (referred to as “Company” or “PicLumen”), developed by CHENGDU Yile Tech Co., Ltd. By accessing or using PicLumen’s online AI photo editing and AI image generation services, you agree to comply with these Terms and Conditions.
1.2 PicLumen reserves the right to modify or discontinue these Terms of Service with or without notice. For significant changes, users will be notified via email or a platform message. You agree that PicLumen shall not be liable to you or any third party for any modification, suspension, or discontinuance of service.
1.3 Please also read PicLumen’s Privacy Policy, which details how the Company securely handles your personal information.
2. Definitions
2.1 “PicLumen”: Refers to the website and services operated by PicLumen.
2.2 “User” or “You”: Any person or entity that uses the Service.
2.3 “Content”: Any images, text, videos, audio, or other materials generated, uploaded, or shared by Users.
2.4 “AI Image Generators”: Tools provided by PicLumen for creating images in different styles using artificial intelligence.
2.5 “Personal Use”: Use of generated or edited images strictly for non-commercial purposes in a private setting.
2.6 “Commercial Use”: Use of generated or edited images in connection with a business or for any profit-making activities.
3. Account Registration
You must create an account to use certain features of the Service. By creating an account, you agree to provide accurate, current, and complete information and to keep it updated.
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password.
4. Use of the Service
We provide users with a range of creative services, including image editing and image generation. These services are accessible through our platform and are designed to support users in creating, enhancing, and producing various forms of visual content. However, users must comply with all applicable laws and regulations when using the Service.
You may not use the Service for any illegal or unauthorized purposes, including but not limited to:
○ Uploading or generating content that infringes on any intellectual property rights.
○ Distributing viruses or any other malicious code.
○ Harassing, abusing, or harming another person.
○ Engaging in fraudulent or deceptive practices.
5. Content and Intellectual Property
5.1 User-Generated Content: You retain all rights to the Content you create using our Service. However, by uploading or generating Public Content (content made visible to all users), you grant us a non-exclusive, royalty-free, worldwide license to use, display, and distribute your Public Content on our platform.
5.2 Intellectual Property of PicLumen: All intellectual property rights in the Service, including but not limited to the AI technology, design, graphics, and software, are owned by PicLumen or its licensors. You are granted a limited, non-exclusive, non-transferable license to use the Service for personal or commercial purposes as specified.
5.3 Commercial Use: Users are granted the freedom to utilize their self-created images for commercial purposes with PicLumen. However, it is important to note that public images created by others can only be utilized as a point of reference and cannot be directly used for commercial purposes.
5.4 Usage Rights of PicLumen: You grant PicLumen a non-exclusive, irrevocable, perpetual, royalty-free, worldwide, and transferable right and license to use, reproduce, modify, copy, process, adapt, publish, and distribute Public Content for the purposes of providing and improving the Services, including but not limited to training AI models, developing new products, and marketing.
6. Restrictions on Use
You must not：
6.1 Access or use our Platform in any way that is improper or breaches any laws, infringes any person’s rights (for example, intellectual property rights and privacy rights), or gives rise to any civil or criminal liability;
6.2 Interfere with or interrupt the supply of our Platform, or any other person’s access to or use of our Platform;
6.3 Introduce any viruses or other malicious software code into our Platform;
6.4 Use any unauthorised or modified version of our Platform, including but not limited to for the purpose of building similar or competitive software or for the purpose of obtaining unauthorised access to our Platform;
6.5 Attempt to access any data or log into any server or account that you are not expressly authorised to access;
6.6 Use our Platform in any way that involves service bureau use, outsourcing, renting, reselling, sublicensing, concurrent use of a single user login, or time-sharing;
6.7 Circumvent user authentication or security of any of our networks, accounts or hosts or those of any third party;
6.8 Access or use our Platform to transmit, publish or communicate material that is, defamatory, offensive, abusive, indecent, menacing, harassing or unwanted, including but not limited to:
- Using the Platform to transmit or publish any harassing, indecent, obscene, fraudulent, unlawful, or harmful material;
- Using the Platform to send unauthorised advertising, spam, or solicitation or to harvest, collect, or gather user data without the user’s express consent;
- Generating content that includes impersonations of any real person or falsely portrays an individual in a misleading or defamatory way;
- Generating content that includes depictions of sexual abuse, sexual violence, explicit pornography, or any form of non-consensual acts;
- Generating content that includes depictions of child nudity, child pornography, or any form of child exploitation;
- Generating content that includes depictions of acts that involve non-consent, sexual or otherwise;
- Generating content that includes depictions of animal cruelty or harm to animals, including acts of violence or torture;
- Generating content that includes explicit depictions of gore or extreme violence;
- Generating content that promotes or incites hatred, violence, discrimination, or harm based on race, ethnicity, religion, gender, sexual orientation, or any other protected characteristic;
- Generating content that intentionally endangers or threatens the safety, security, or well-being of any individual or group;
- Otherwise generating content that, in our sole discretion, is deemed unsuitable, obscene, offensive, or contrary to community standards and user expectations.
Furthermore, PicLumen’s AI image generation services may produce content that some users might find offensive or objectionable. By accessing and using our services, you confirm that you are at least 18 years old. PicLumen reserves the right to verify age and may suspend accounts found to be in violation of this age restriction.
7. Availability, Disruption and Downtime
7.1 While we strive to always make our Services available to you, we do not make any promises that these will be available 100% of the time. Our Services may be disrupted during certain periods, including, for example, as a result of scheduled or emergency maintenance.
7.2 Our Services (including our Platform) may interact with, or be reliant on, products or services provided by third parties, such as cloud hosting service providers. To the maximum extent permitted by law, we are not liable for disruptions or downtime caused or contributed to by these third parties.
7.3 We will try to provide you with reasonable notice, where possible, of any disruptions to your access to our Services.
8. Disclaimer regarding Generative AI and Large Language Models
8.1 Our Platform utilises generative AI and large language model technologies, which can produce content that may appear highly realistic or convincing, including text, images, audio, and video outputs (collectively, Generated Content). You acknowledge and agree that Generated Content may include deep fakes, misinformation, biases, or other potentially misleading or inaccurate information. You are solely responsible for evaluating and verifying the accuracy, reliability and legality of any Generated Content before relying on or using it for any purpose.
8.2 Subject to your Consumer Law Rights, the Generated Content is provided “as is” without warranties of any kind, either expressed or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title or non-infringement. We disclaim all liability for any errors, omissions, or inaccuracies in the Generated Content, any infringement on third party rights (including Intellectual Property Rights) and any damages or losses that may arise from your use or reliance on such content.
9. Termination
We reserve the right to suspend or terminate your access to the Service at any time, with or without cause, including but not limited to violations of these Terms or any activity that harms the integrity of the Service.
You may terminate your account at any time. Upon termination, you must cease all use of the Service and delete any copies of the Content generated using the Service.
10. Limitation of Liability
PicLumen assumes no liability for content created, uploaded, or shared by users. Users are responsible for their own actions and the consequences of content they generate through the Service. PicLumen is not liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to, loss of profits, data, use, goodwill, or other intangible losses resulting from your use of the Service.
11. Privacy Policy
Your use of the Service is also governed by our Privacy Policy, which details how we collect, use, and protect your information. Please review our Privacy Policy carefully.
12. Modifications to the Terms
PicLumen reserves the right to modify these Terms at any time. For significant changes, we will provide notice via email or platform notification, and continued use of the Service will constitute acceptance of the new Terms.
13. Governing Law and Dispute Resolution
These Terms are governed by and construed in accordance with the laws of the People’s Republic of China, without regard to its conflict of law principles.
Any disputes arising out of or relating to these Terms or the Service shall be resolved through binding arbitration in the People’s Republic of China, except that either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of its copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
14. Contact Information
For any questions or concerns about these Terms, please contact us at service@piclumen.com
By using PicLumen’s services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.