[Last Updated: December 21, 2023]
These AI terms and conditions ("AI Terms") are hereby entered by and between Pic-Time Ltd. (“Pic-Time”), and you, a photographer using the Pic-Time Services and Platform (“Photographer”). These AI Terms govern the use of the Pic-Time artificial intelligence (“AI”) features (“AI Features”). The AI Terms governs the specifications of Pic-Time AI Features and is an integral part of Pic-Time Master Service Agreement ("Agreement"), and all terms used however not defined herein, shall have meaning as defined in the Agreement.
The Photographer understands that the AI Feature are not mandatory, the Services and Platform may be used without enabling the AI Feature. The AI Feature is currently provided free of charge, however, Pic-Time reserves the right to charge fees at any time upon providing prior written notice.
THESE AI TERMS SET FORTH AND SETTLE THE TERMS ACCORDING TO WHICH THE PHOTOGRAPHER MAY USE THE AI FEATURE. BY USING THE AI FEATURE, THE PHOTOGRAPHER ACKNOWLEDGES THAT IT HAS READ, UNDERSTOOD AND AGREED TO BE BOUND BY THESE AI TERMS. THE PHOTOGRAPHER REPRESENTS AND WARRANTS THAT IT HAS THE FULL LEGAL AUTHORITY TO ENTER INTO THESE AI TERMS AND IF THE PHOTOGRAPHER IS ACTING ON BEHALF OF AN ORGANIZATION OR COMPANY, IT HAS THE LEGAL AUTHORITY TO BIND SUCH ORGANIZATION OR COMPANY TO THESE AI TERMS.
- License: Pic-Time hereby grants the Photographer a limited, revocable, non-exclusive, non-transferable and non-sublicensable license to use the AI Feature. The use of the AI Features is subject to the Photographer’s compliance with any and all applicable laws and these AI Terms including any third-party terms detailed therein.
- Content: The Photographer is the sole responsible for any information, content or code uploaded to the AI Feature (“Input”). By using the AI Feature, the Photographer will receive output generated and returned by the AI Feature based on the Input (“Output”) (Input and Output are collectively “Content”). The Photographer is the sole responsible for ensuring that the Content complies with applicable laws, these terms, and specifically the AUP requirements set forth in Section 4 below. The Photographer is the sole responsible and liable for the compliance of any and all applicable laws that apply with respect to the AI Feature. As between the parties and to the extent permitted by third party terms, as detailed in ANNEX I, and applicable laws, the Photographer owns all Input and is hereby granted rights, title and interests in and to Output. The Content may be used for any legal and lawful purpose, including commercial purposes and publication, at Photographer’s own risk. Prior to publication, it is recommended to add a disclosure that the Output was generated by AI tools. Due to the nature of machine learning, Output may not be unique across users and the AI Feature may generate the same or similar output for third parties.
- Accuracy: Pic-Time does not guaranty accuracy of any Output generated by the Pic-Time AI. Given the probabilistic nature of machine learning, and AI, use of Pic-Time AI Feature may in some situations result in incorrect Output that does not accurately reflect the action generated. The Photographer shall evaluate the accuracy of any Output and shall not rely on Pic-Time to do so. It is hereby clarified that any Output produced by the AI Feature is intended as a preliminary version and it shall be review by a human and edited, before being considered suitable for sending.
- Acceptable Use Policy “AUP”: Without derogating from the restrictions, the Photographer hereby represent and warrant that it will not, nor will it authorize anyone on its behalf, including an authorized user, to: (a) mislead anyone that the Output generated by human-generated; (b) use the AI Feature to generate content that expresses or promotes hate, harassment, or violence, exploits or harms children, encourages self-harm, presents illegal, sexual, political, harmful, false, deceiving or misleading information, misuses personal data, contains malware, unsolicited bulk content, ransomware, viruses, or other software; (c) use the AI Feature for activities which has high risk of economic harm, for adult content, adult industries, and dating apps; offering tailored financial advice without a qualified person reviewing the information; to provide health advice, political campaigning or lobbying; (d) use the AI Feature in a way that infringes, misappropriates or violates any third party rights; (e) reverse assemble, reverse compile, decompile, translate or otherwise attempt to discover the source code or underlying components of models, algorithms, and systems of the AI Feature (except to the extent such restrictions are contrary to applicable law); and (f) use any method to extract data from the AI Feature, including web scraping, web harvesting, or web data extraction methods, other than as permitted through the API.
- AI Feature Developers: the AI Feature is developed and provided by Pic-Time and third-parties providers, currently Pic-Time is using the AI Feature provided by artificial intelligence technology developed and provided by Pic-Time and the third parties detailed in ANNEX I. Any Input or Output may, depending on the type of API, be used by for model training and improvement by Pic-Time or by third-party providers. Some of the third parties AI Feature developers may grants opt-out rights as further detailed in ANNEX I. The Photographer shall not use or provide any information that is sensitive or that should not be viewed by others, including personal data. Pic-Time has no control over the use of the Input, thus, any use of such is at the Photographer’s own risk and Pic-Time does not represent, undertake or warrant to any security or control of or to the Input.
- Feedbacks: The Photographer may provide feedback regarding the AI Feature to: support@pic-time.com (“Feedback”). The Feedback shall include Feedback on the performance, features that may be missing, and any bugs encountered during the use of the AI Feature. Any Feedback provided, grants Pic-Time a perpetual, irrevocable, non-exclusive, worldwide, fully-paid, sub-licensable, assignable license to incorporate into the Platform or otherwise use any Feedback received from the Photographer to improve the services. The Photographer irrevocably waives any moral rights in such Feedback pursuant to applicable copyright law. Pic-Time acknowledges that any Feedback is provided on an “as-is” basis with no warranties of any kind.
- Disclaimer and Limitation of Liability: IN ADDITION TO ANY DISCLAIMERS SET FORTH IN THE AGREEMENT, THE AI FEATURE IS PROVIDED ON AN “AS IS” AND AS “AVAILABLE” BASIS. PIC-TIME AND THE THIRD-PARTY PROVIDER, MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PIC-TIME AI FEATURE, OR THE INFORMATION, TEXT, TRANSCRIPTION, AND CONTENT INCLUDED IN THE OUTPUT, OR THE USE OF THE INPUT, INCLUDING WITHOUT LIMITATION, ACCURACY OF THE RESULTS, AVAILABILITY, SUITABILITY, RELIABILITY, OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE AI FEATURE. PIC-TIME WILL HAVE NO LIABILITY OR RESPONSIBILITY ARISING IN ANY WAY FROM THE USE OF THE AI FEATURE OR ANY ERRORS OR OMISSIONS CONTAINED IN THE CONTENT. NEITHER PIC-TIME NOR ANY OF ITS AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA OR OTHER LOSSES, EVEN IF PIC-TIME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY UNDER THESE TERMS SHALL NOT EXCEED THE LOWER OF (I) ONE HUNDRED DOLLARS ($100); OR (II) THE FEES PAID IN CONSIDERATION OF THE AI FEATURE. THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
