End-User License Agreement (EULA)

IMPORTANT: PLEASE READ THIS END USER LICENCE AGREEMENT CAREFULLY BEFORE YOU DOWNLOAD AND INSTALL PICWAND STUDIO'S SOFTWARE, OR ANY CONNECTED SOFTWARE COMPONENTS, MEDIA, PRINTED MATERIALS, AND OTHER RELEVANT ELECTRONIC DOCUMENTS (collectively "SOFTWARE"). ONLY IF YOU ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT FIRST CAN YOU FINISH YOUR ORDER FOR THE REQUESTED SOFTWARE.

AS LONG AS YOU DOWNLOAD, INSTALL, COPY, OR USE THE SOFTWARE FROM PICWAND STUDIO, YOU AGREE TO BE BOUND BY THIS AGREEMENT, WHICH IS THE COMPLETE AGREEMENT BETWEEN YOU AND PICWAND STUDIO ABOUT THE SOFTWARE AND SUPERSEDES ANY PRIOR ADVICE, AGREEMENT, REPRESENTATION, OR UNDERSTANDING BETWEEN THE PARTIES. THIS AGREEMENT INCLUDES AN ARBITRATION PROVISION.

1. License Grant

1.1 Picwand Studio grants you a non-exclusive, non-transferable, non-sublicensed, non-commercial and personal license to install and/or use the product (in whole or in part) and any product, for such time until either you or Picwand Studio terminates this EULA. You must in no event use, nor allow others to use, the product or this license for commercial purposes without obtaining a license to do so from Picwand Studio. Updates, upgrades, patches and modifications may be necessary in order to continue to use the product on specific hardware.

1.2 You shall not, directly or indirectly (i) sell, rent out, lease, license, distribute, market, exploit the product or any of its parts commercially, (ii) reverse engineer, decompile, disassemble, adapt, reproduce, or create derivate works of this product (except if the product enable you through a specific feature to create, generate or submit User Generated Content and for which you will need to create an account and comply Terms of Use), in whole or in part; (iii) remove, alter, disable or circumvent any copyright and trademark indications or other authorship and origin information, notices or labels contained on or within this product and (iv) export or re-export this product or any copy of adaptation in violation of any applicable laws or regulations.

1.3 While using the product, you agree to comply will all applicable laws, rules and regulations, you also agree to comply with certain rules of conduct that govern your use of the product (“Rules of Conduct”), which are not meant to be exhaustive and can be modified at any time by Picwand Studio.

2. Ownership

All title, ownership rights and intellectual property rights in and to the product and any and all copies thereof are owned by Picwand Studio. The product is protected by national and international laws, copyright treaties and conventions and other laws. Any reproduction or representation of these licensed materials in any way and for any reason is prohibited without Picwand Studio’s prior permission. Except as expressly set forth in this EULA, all rights not granted hereunder to you are expressly reserved by Picwand Studio.

This license confers no title or ownership in the product and should not be construed as a sale of any rights in the product.

3. Trial Version

If you have received, downloaded and/or installed a trial version of the product and are hereby granted an evaluation license for the product, you may use the product only for evaluation purpose and only during the single applicable evaluation period, unless otherwise indicated, from the date of the initial installation. Any use of the product for other purposes or beyond the applicable evaluation period is strictly prohibited.

4. Warranty Disclaimer, Limitation of Liability

You expressly acknowledge that use of the product is at your own risk. Picwand Studio does not warrant that the product will be uninterrupted or error-free, that defects will be corrected, or that the product is free of viruses or other harmful components. You assume all responsibility for selecting the product to achieve your intended results, and for the installation of, use of, and results obtained from the product.

To the fullest extent permissible under applicable law, in no event will Picwand Studio, Picwand Studio’s licensors, channel partners and associated service providers be liable for loss or damage suffered in connection with the use of the product or any related third-party service. This includes without limitation (a) all losses of any kind, whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation (whether innocent or negligent) or otherwise, (b) direct loss; (c) accidental loss, (d) incidental loss, (e) consequential loss, and (f) indirect loss.

Notwithstanding the aforementioned limitations of liability, your sole remedy in the event of a dispute with Picwand Studio or its licensors, channel partners and associated service providers is to cease to use the product; and if applicable, seek damages for your losses. For any product purchased for use on a compatible mobile terminal that would not meet the applicable legal warranties, Picwand Studio’s liability is limited to the refund (directly or indirectly through its channel partners or associated service providers) of the purchase price of the product. In no event Picwand Studio, its affiliates, licensors, channel partners and associated service providers be liable for damages in excess of any amount you have paid to Picwand Studio for the product during the twelve (12) months immediately prior to the time your cause of action arose.

5. Indemnity

You are solely responsible for any damage caused to PICWAND STUDIO, its licensors, channel partners and associated service providers and subcontractors, other users of the product or any other individual or legal entity as a result of your violation of this EULA.

You hereby agree to defend, indemnify and keep indemnified Picwand Studio and its affiliates, their licensors, channel partners and associated service providers and their subcontractors against any claim or alleged claims, liabilities, losses damages and all costs (including lawyers’ fees), directly or indirectly attributable to your fault and/or resulting from (a) a violation of any provision of this EULA or (b) your use or misuse of the product. Picwand Studio reserves the right to take sole responsibility, at its own expense, for conducting the defense of any claim for which you agreed to indemnify Picwand Studio.

6. Termination

The EULA is effective from the earlier of the date you purchase, download or use the product, until terminated according to its terms. You and Picwand Studio (or its licensors) may terminate this EULA, at any time, for any reason. Termination by Picwand Studio will be effective upon (a) notice to you or (b) termination of your Picwand Studio Account (if any) or (c) at the time of Picwand Studio’s decision to discontinue offering and/or supporting the product. This EULA will terminate automatically if you fail to comply with any of the terms and conditions of this EULA. Upon termination for any reason, you must immediately uninstall the product and destroy all copies of the product in your possession.

7. Changes To This Eula Or To The Product

PICWAND STUDIO reserves the right, in its sole and absolute discretion, to revise, update, change, modify, add to, supplement, or delete certain terms of this EULA for security, legal, best practice or regulatory reasons. Such changes will be effective with or, as applicable, without prior notice to you. You can review the most current version of this EULA by clicking on the “EULA” link located on the product. You are responsible for checking this EULA periodically for changes. If any future changes to this EULA are unacceptable to you or cause you to no longer be in agreement or compliance with this EULA, you may terminate this EULA and must immediately uninstall the product and destroy all copies of the product. Your continued use of the product following any revision to this EULA constitutes your complete and irrevocable acceptance of any and all such changes.

Picwand Studio may modify the product for any reason or without any specific reason, at any time and at its entire discretion, in particular for technical reasons such as updates, maintenance operations and/or resets to improve and/or optimize the product. You agree that the product may install or download the modifications automatically. You agree that Picwand Studio may stop to support previous versions of the product upon availability of an updated version. Picwand Studio’s channel partners and associated service providers shall have no obligation to furnish any maintenance or customer support with respect to the product. Picwand Studio also reserves the right to amend the Rules of Conduct set out in Section 1 to place limits on the use of the product.

8. Miscellaneous

8.1 Export Controls. The product is subject to all applicable export restrictions. You must comply with all export and import laws and restrictions and regulations of any United States and foreign agency or authority relating to the product and your use of the product. The product may not be re-exported, downloaded or otherwise exported to, or installed by a national or resident of, any country to which the United States has embargoed goods, or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. You represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

8.2 Severance. If any court of competent jurisdiction or competent authority finds that any provision of this EULA is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this EULA shall not be affected. If any invalid, unenforceable or illegal provision of this EULA would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable to reflect Picwand Studio’s initial intentions.

8.3 No Waiver. No failure or delay by Picwand Studio (or its licensors) to exercise any right or remedy provided under this EULA or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy. Waiver of a right or remedy may be considered to have taken place only after signing of a written statement to this effect by Picwand Studio or by the user.

To the maximum extent authorized by law, the final interpretation is left to our discretion. If you have any questions regarding this EULA or want to contact Picwand Studio for any reason, please email us at support@picwand.ai