TERMS OF USE
Effective date: November 11, 2021
Welcome to PicMa App's Terms of Service
The Magic Tiger Technology Limited ("MagicTiger," "Company," "we," "us," or "our") governs your use of our web pages located at https://magictiger.ai/ and our mobile application PicMa (“App”) (together or individually “Service”) owned and operated by Magic Tiger Technology Limited.
The Company provides the Services through our App. By downloading, installing or using the Products in any manner, you agree to these Terms and you agree to comply with and be bound by any applicable specific, supplemental or third-party licenses or terms when using any Product. Your downloading of the application from the Apple App Store, Google Play store or other platforms is also governed by the respective terms of use and other accompanying documents of Apple App Store, Google Play Store and other platforms. Also by accessing the Services through the App, immediately and from your very first access of the Services, you unconditionally and irrevocably agree to be bound by these Terms and Conditions, all applicable laws and/or regulations and you agree that you are responsible for this compliance.
Your agreement with us includes these Terms and our Privacy Policy (“Agreements”). You acknowledge that you have read and understood Agreements, and agree to be bound by them. These Terms apply to all visitors, users and others who wish to access or use Service. Also, you hereby agree that the results or products of our app are solely for personal and/or editorial use and NOT for commercial use, re-sell, distribute in anyway. IF YOU DO NOT AGREE TO ALL TERMS AND CONDITIONS IN THESE TERMS, DO NOT ACCESS AND IMMEDIATELY STOP USING THE PRODUCTS, CANCEL ANY ACCOUNT, AND IMMEDIATELY UNINSTALL AND DELETE ANY COPIES OF THE PRODUCTS IN YOUR POSSESSION.
These Terms were originally drafted in English. If there is any conflict between the English-language version of these Terms and a version translated into another language, the English-language version will prevail.
The Company reserves the right to change these Terms and Conditions. These changes are effective immediately upon posting. When changes come into effect, the revised Terms and Conditions shall supersede the previous version of the Terms and Conditions. You are responsible for regularly reviewing these Terms and Conditions.
Thank you for being responsible.
l ABOUT US
o PicMa is a mobile application that allows users to transform their photos into exciting art and portrait with Artificial Intelligence such as Deep Learning.
o PicMa is a photo editing app, built for aesthetic and entertainment purposes to provide high-quality entertainment by redrawing your photos with different themes with fun, creativity, and imagination that might include alteration of perceived gender and race. In no way do we produce a product whose purpose is to offend any ethnic or support racism in any way. We do take inclusiveness seriously by taking the time and effort to provide an experience for all our users from all around the world.
o PicMa owned and operated by the company of Magic Tiger Technology Limited.
o The Company makes the App available (a) on the Website from which you can click on a link to download the App, or (b) for download directly from Google Play and the Apple App Store.
o Company shall make every effort to ensure that PicMa is continually available to you.
l ACCEPTANCE
o By accessing the App and by using the Services you agree to be bound by these Terms and accept to comply with all applicable laws and regulations.
o Should you disagree to be bound by these Terms, in whole or in part, you shall (i) not be permitted/authorized to use the Services and (ii) refrain from accessing the App and Services.
o Your continued use of the App and Services shall be deemed to constitute your acceptance of these Terms.
l MODIFICATION OF THESE TERMS
o The Company reserves the right, at any time and in its sole discretion, to modify or replace these Terms.
o You acknowledge that supplemental terms and conditions or other documents/policies may also be posted by the Company on the Website and/or the App from time to time, and are expressly incorporated into these Terms by reference.
o You shall therefore be solely responsible for checking these Terms periodically, to stay abreast of any changes to the Terms.
o Your continued access to the App and use of the Services following the posting of any changes to these Terms shall be subject to the newly modified Terms.
l USE OF APP
o You may access PicMa and the Services via our App.
o In order to be able to use the App, you shall (i) download and install the App on a mobile device which is compatible with the App, as well as (ii) have an Internet connection.
o You agree that you are solely responsible for meeting the aforementioned requirements, which may also (i) bear additional charges and fees, and/or (ii) require you to perform software updates and/or to comply with the terms and conditions of your agreement(s) with your mobile device and telecommunications provider.
l PURCHASES
o If you wish to purchase any product or service made available through Service (“Purchase”), you may be asked by AppStore or Google PlayMarket to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
o You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to AppStore or Google PlayMarket or us is true, correct and complete.
o We may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
o We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
o We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
l SUBSCRIPTIONS
Some parts of Service are billed on a subscription basis (“Subscription(s)”).
You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on weekly, monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or the Company cancels it.
You may cancel your Subscription renewal either through your online account management page or by contacting our customer support team.
l FREE TRIAL
The Company may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”).
You may be required to enter your billing information in order to sign up for Free Trial.
If you do enter your billing information when signing up for Free Trial, you will not be charged by the Company until Free Trial has expired.
On the last day of Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.
At any time and without notice, the Company reserves the right to (i) modify Terms of Service of Free Trial offer, or (ii) cancel such Free Trial offer.
l FEE CHANGES
The Company, in its sole discretion and at any time, may modify Subscription fees for the Subscription.
Any Subscription fee change will become effective at the end of then-current Billing Cycle.
The Company will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of Service after Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
l REFUNDS
Except when required by law, paid Subscription fees are not-refundable.
l THE COMPANY’S CONTENT
Content found on or through this Service are the property of Magic Tiger Technology Limited or used with permission.
The Company hereby grants you a limited, worldwide, royalty-free, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services. This License is for the sole purpose of letting you use and enjoy the Services’ benefits in a way that these Terms allow.
You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
l THIRD-PARTY CONTENT
In order to provide you with the best experience using our technology, the Company may use the third-party content and offer you a library of such content for the swap (“Pre-sets catalogue”).
The Company use such content only in compliance with their respective Terms of Use, in good faith and conforming to the Fair Use/Fair Dealing Doctrine under the applicable laws.
The purpose of the contents’ use is transformative.
The original materials are used in a new unanticipated way, namely the visual results of the materials’ use create the completely new content, which are inherently of parodic nature.
The results of the material’s use differ significantly from the original by the character, mostly parodic or satiric, and alter the originals with the new meaning, expression and message, creating the object of ridicule.
The extent of use is strictly limited by the purpose of transformation.