AI TERMS AND CONDITIONS
[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
Terms of Service
("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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
ANNEX I
AI THIRD PARTY PROVIDERS & TERMS