Terms of Service

These Terms of Service ("Terms") govern your access to and use of the PicV mobile application ("App"), operated by LeadsUp LLC FZ, Grand Stand, Nad Al Sheba, Dubai, U.A.E., PO Box 9573 ("Company", "we", "us", "our").

By downloading, accessing, or using the App, you agree to be bound by these Terms. If you do not agree, do not use the App.

1. Description of the Service

The App provides AI-powered image processing features, including but not limited to:

• photo restoration,
• photo colorization,
• photo animation,
• image enhancement.

All processing is performed automatically using artificial intelligence technologies. Results may vary and are not guaranteed.

2. Eligibility

You must be at least 13 years old (or the minimum legal age required in your jurisdiction) to use the App. By using the App, you represent that you have the legal capacity to enter into these Terms.

3. User Content

3.1 Ownership

You retain full ownership of all photos and images you upload to the App ("User Content"). We do not claim ownership over your User Content.

3.2 License for Processing

By uploading User Content, you grant us a limited, non-exclusive, sublicensable, revocable license solely for the purpose of:

• transmitting the content for processing,
• generating AI-based outputs requested by you,
• delivering the processed result to you.

This license is used only to provide the service and for no other purpose.

3.3 Third-Party Processing

You acknowledge and agree that:

• Your photos are transmitted to third-party AI service providers as listed and detailed in our Privacy Policy.
• These providers may, in turn, involve additional subprocessors for AI generation.
• We do not permanently store your photos on our servers.
• Images are temporarily queued and transmitted strictly for processing purposes.
• Third-party providers process data according to their own privacy and security policies. We require them to process data only as necessary to provide the requested service.

3.4 User Responsibility

You confirm that:

• you own the rights to the uploaded content, or
• you have obtained all necessary permissions.

You must not upload content that infringes intellectual property rights, violates privacy or personal rights, or violates applicable laws.

4. AI-Generated Content Disclaimer

You acknowledge that:

• the App uses automated AI systems,
• outputs may contain errors, distortions, or inaccuracies ("hallucinations"),
• results are not guaranteed to be realistic, accurate, or suitable for any specific purpose.

The Company does not guarantee historical, artistic, or factual accuracy of AI-generated content.

5. Subscriptions, Free Usage, and Advertising

5.1 Free Usage, Advertising, and Analytics

The App provides limited daily free generations, which may require viewing advertisements. To provide this free service, measure the performance of our marketing campaigns, and understand app usage, we integrate third-party tools and SDKs (such as the Facebook SDK). These third parties may collect device identifiers and app events as detailed in our Privacy Policy. Free usage limits may change at our discretion. You can manage ad tracking preferences directly through your device's privacy settings.

5.2 Subscriptions

The App offers paid subscriptions, which may include weekly or yearly plans, and trial periods. All subscriptions:

• are billed via Apple App Store,
• are charged to your Apple ID,
• automatically renew unless canceled at least 24 hours before the end of the current period.

5.3 Managing Subscriptions

You can manage or cancel subscriptions in your Apple ID account settings after purchase.

5.4 Refunds

Refunds are handled exclusively by Apple in accordance with App Store policies. We do not issue refunds directly.

6. Privacy, Tracking, and Data Compliance

Your use of the App, including how we handle your photos, device identifiers, and ad tracking, is governed by our Privacy Policy, which forms an integral part of these Terms. By using the App, you acknowledge the data collection and sharing practices (including third-party SDK integrations) described therein.

6.1 GDPR (EU Users)

If you are located in the European Economic Area (EEA), you have rights regarding access, correction, deletion, restriction, and portability of your personal data. Processing is based on contract performance, consent, or legitimate interests.

6.2 CCPA/CPRA (California Residents)

California residents have rights to know, delete, and opt out of the sale or sharing of personal data. We do not sell your personal data (such as photos or personal information) for monetary compensation. However, sharing device identifiers and app usage events with third-party partners (such as Meta) for ad measurement and cross-context behavioral advertising may be considered a "sale" or "sharing" under California law. You can exercise your right to opt out by adjusting your device's tracking permissions. Detailed information is available in our Privacy Policy.

6.3 International Data Transfers

Data may be processed outside your country of residence. Appropriate safeguards are applied where required.

7. Intellectual Property

All rights, title, and interest in the App, including software, AI models, UI/UX design, logos, and trademarks, are owned by or licensed to the Company. You may not copy, modify, distribute, reverse engineer, or exploit any part of the App without prior written consent.

8. Prohibited Use

You agree not to use the App to upload, generate, or share content that:

• Is Illegal or Harmful: violates any applicable laws, promotes violence, or exploits children (CSAM).
• Violates Rights: infringes on intellectual property, privacy, or publicity rights of others.
• Non-Consensual Intimate Imagery (NCII): depicts sexual acts or nudity of any person without their explicit consent.
• Deepfakes & Misinformation: is intended to deceive, confuse, or mislead others (e.g., political disinformation, impersonation of public figures, or forged documentation).
• Hate Speech: promotes discrimination, hatred, or harassment based on race, ethnicity, religion, disability, gender, or sexual orientation.

Furthermore, you agree not to attempt to bypass usage limits, security measures, or interfere with the App's infrastructure.

9. Termination

We may suspend or terminate access to the App at any time if these Terms are violated, applicable laws are breached, or misuse of the service is detected. You may stop using the App at any time by uninstalling it.

10. Disclaimer of Warranties

The App is provided "as is" and "as available", without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, or uninterrupted availability.

11. Limitation of Liability

To the maximum extent permitted by law, the Company shall not be liable for indirect or consequential damages, loss of data or profits, damages arising from AI-generated outputs, or actions of third-party service providers. Your sole remedy is to discontinue use of the App.

12. Indemnification

You agree to indemnify, defend, and hold harmless the Company, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable legal and accounting fees, arising out of or in any way connected with:

• your access to or use of the App;
• your User Content;
• your violation of these Terms; or
• your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right.

13. Changes to These Terms

We may update these Terms from time to time. Changes take effect upon posting within the App or App Store listing. Continued use constitutes acceptance of the updated Terms.

14. Dispute Resolution

14.1 Informal Resolution

If you have any dispute with us, you agree to first contact us at [email protected] and attempt to resolve the dispute informally.

14.2 No Class Actions

To the fullest extent permitted by applicable law, you agree that any disputes arising out of or related to these Terms or the App will be conducted only on an individual basis and not in a class, consolidated, or representative action.

15. Governing Law

These Terms are governed by the laws of the United Arab Emirates, specifically the laws of the Emirate of Dubai, without regard to conflict of law principles.

For EU/EEA Consumers: Notwithstanding the above, if you are a consumer habitually residing in the European Union or European Economic Area, the laws of your country of residence may apply to any claim or dispute you have against us that arises out of this agreement, and you may be entitled to the consumer protections provided by the mandatory laws of your country of residence. Nothing in these Terms limits your rights to rely on such mandatory local law provisions.

16. Contact Information