Terms of Service

The website available at https://pykaso.ai, including any of its subdomains or sections ("Website") is operated by Rize Ventures LLC ("pykaso.ai" or "us"), a mercantile company incorporated in United States, with Tax Identification number 36-5116148 and registered office at 1111B S Governors Ave STE 21438, Dover, DE 19904 US. You can contact pykaso.ai through the contact form athere(also for the single point of contact purposes, if applicable).These terms and conditions ("Terms") govern the access, browsing and use of the Website by the users ("User" or "Users", as applicable, or "you"), as well as the services provided through the Website in connection with the Upscaling or Transformation (as defined later on) of illustrations, graphic designs, photographs and any other type of images permitted for such purposes ("Services").By accessing and using the Website, you fully accept and agree to be bound by these Terms. We may modify these Terms from time to time. In such a case, we will provide a notice to you by publishing the most current version. If we make any material change to these Terms, we will provide additional notice to you, such as by sending you an email or displaying a prominent notice on our Website. By continuing to use the Website after any changes come into effect, you agree to the revised Terms. If you do not wish to accept the revised Terms, you can close your Account (as defined later on), without limiting imperative conditions under applicable regulations.Some of the Services may be subject to specific conditions or instructions, which will complete or, if they are contrary to the provisions herein, will replace the content of these Terms, and which must be accepted by the User before starting the provision of the corresponding Service.Likewise, with regard to the collections and use of the personal data, the Privacy Policy shall apply.

Services offered

Through the Services, the User may upload illustrations, graphic designs, photographs and any other type of images, in any format allowed by the Website from time to time ("Input"), so that they can be edited, upscaled and/or enhanced and/or transformed through our AI-powered tools according to the ("Output", or "to Upscale", or "to Transform" as applicable) according to the User's instructions or prompts entered into the Service as provided in the Website ("Instructions") (hereinafter, the Input, Output and Instructions shall be collectively referred as the "Assets"), being the User the sole and exclusive responsible for the content and use of the Assets. The Services are provided in accordance with the description, information and features provided on the Website or otherwise by pykaso.ai, and may be modified, updated or deleted, in whole or in part, at any time. Unless otherwise stated, any modification of the Services or any new Services offered by pykaso.ai through the Website, shall be subject to these Terms.To use the Services, the User must have access to the Internet and pay the costs arising from such access, as well as have the necessary equipment for this purpose. It is the sole responsibility of the User to verify, prior to contracting, the functionalities of the Services, as well as the suitability to meet their needs and that the User has the necessary equipment and software for it, assuming the necessary expenses for this purpose.

Registration

To contract the Services, you must register, creating an account on the Website ("Account") by signing in with your email account or social media account, as allowed by the Website from time to time. Important: the User must be of legal age.The User undertakes to provide all the mandatory information required for the registration and also acknowledges that such information is authentic, truthful, and up to date. Should the User provide false, outdated or incomplete information, or should pykaso.ai have reasons to suspect that registration is fraudulent, pykaso.ai reserves the right to suspend or cancel the User's Account.By registering, the User undertakes to comply with the following rules: - The Account will be used in the event that any notification is necessary. - Third parties should not be allowed to access to the User's Account, nor should a third party's Account be used. - The User is solely responsible for what is done from his/her respective Account. If you suspect that a third party is using your Account, you must immediately inform pykaso.ai. - pykaso.ai may suspend or cancel the User's Account if it considers that it has breached these Terms or if there is any security risk.

Use of the Services

The User agrees to access and use the Services only in accordance with these Terms and in good faith, and not to use the Services negligently or to perform or suggest activities prohibited by law or that violate the rights of third parties.The User shall refrain from interfering with the Services and, in particular, from impersonating a third party. Likewise, the User undertakes not to perform any act that damages, disables or overloads, impairs or prevents the normal use of the Services or the Website, which affects its security or that hinders or interferes with it.Access to the Services by robots, spiders or any other device, program, mobile application or tool to access, copy or control any part of the Website, that is contrary to normal exploitation or that unjustifiably limits the interests of pykaso.ai or of other Users is prohibited. Likewise, it is prohibited to obtain or attempt to obtain the contents of the Website or to use the Services, using means or techniques different from those that imply the usual way of use or those expressly authorized by pykaso.ai.The User undertakes not to carry out any conduct that could damage the image, interests, and rights of pykaso.ai, other Users or third parties.By way of example and without limitation, it is prohibited to provide to the Services Inputs and/or Instructions or use any Outputs: - For purposes that are unlawful, misleading, false, deceptive, harmful, threatening, abusive, harassing, defamatory, contrary to morals or public order (including, without limitation, those linked to pornography), to generate spam, nudity or obscene gestures, or that involve an illegal activity or are contrary to the principles of good faith; - That infringe any intellectual property of any third party, as well as the image or name of any person or any private or confidential information in connection with it; - That include viruses, worms or any type of code that is destructive in nature or that affects the security of any other User, network or systems; - To generate political content, including for dissemination in electoral campaigns by trying to pass off a situation that hasn't occurred as real without identifying it as a joke (the right to parody/humor is maintained as long as it is clearly specified that it is not a real image/video); - That, in general, are contrary to the principles of legality, protection of human dignity, protection of minors, protection of public order, protection of privacy and intellectual and industrial property rights; - That are contrary to the provisions of these Terms or to any specifications and conditions established by pykaso.ai.Regarding the Assets, pykaso.ai only exercises a merely technical, neutral and automatic role, without having any effective control over them. The User acknowledges and agrees that pykaso.ai does not endorse, warrant or approve any Asset, expressly excluding any liability in such regard.We (pykaso.ai) are distributors (not publishers) of the content supplied by Users. Accordingly, we have no more editorial control over this content than does a public library. Any opinions, advice, statements, services, offers or other information or content made available by members, visitors and other third parties are those of the respective author(s) and we are not responsible for any material posted by third parties. We cannot and do not endorse it in any way, we expressly disclaim any liability associated with material posted by third parties.

Contracting the Services

Procedure for contracting the ServicesThe Services shall be subject to remuneration as provided on the Website. In particular, to enjoy the Services, the User shall need to purchase a subscription ("Subscription"), with the number of monthly tokens that can be used by the User to Upscale / Transform the Inputs ("Tokens"). The description, pricing, term, number of Tokens, conditions, and characteristics of each Subscription are provided on the Website and prior to its purchase by the User.Prices include VAT or indirect taxes applicable to Services, unless otherwise stated in the Website. pykaso.ai reserves the right to modify the prices applicable to the Services at any time before any purchase. Such modifications will be published on the Website. If the modification applies to the price for the renewal of any Subscription, it shall be duly notified before renewal, so the User is able to cancel it.Payment of the price will be made by the means of payment accepted at any time on the Website. pykaso.ai uses secure payment gateways. pykaso.ai does not store, process or transmit payment data relating to the card itself or to the cardholder (such as card number, cardholder, expiration date, service code, electronic signature or authentication code of the cardholder, or bank account associated with the card). The payment entity will manage the payment according to the conditions the User has contracted for international purchases, which may imply that the value is modified according to the exchange rates applied or that the User is charged in a currency other than the one selected.In the event the payment is declined. pykaso.ai may attempt to process the transaction again under the same conditions as the transaction was initiated by the User, within a few days of the User's first attempt to purchase the Services. Where the payment is approved in such a circumstance, the User will receive an email confirming the successful completion of its transaction.These Terms, as well as any particular conditions applicable to the Services may be printed by the User at any time before any purchase.Once any Subscription has been purchased by a User, the Subscription will be automatically renewed for successive periods after those covered by the first payment or previous payments, and pykaso.ai may make the corresponding charges, until its cancellation by the User in accordance with what is indicated below in the section "Cancellation of the Services".The User will be informed in advance of the number of Tokens required to Upscale / Transform any Input and, upon confirmation of the Upscale / Transform by the User, such Tokens spent for the Upscaling / Transformation will be deducted from the total amount of available Tokens. The amount of Tokens available at any time shall be disclosed in the Website.

Tokens Renewal

Unused monthly/yearly Tokens does not roll over. Tokens are automatically replenished when the subscription is renewed. Tokens not used within the billing period in which they are assigned will not roll over to the next billing period. Tokens will be automatically replenished at the start of each billing period. For clarification purposes, it shall be understood that each billing period begins on the same day of the month in which the User contracted the relevant Subscription. If a monthly plan is selected, this will occur every month; if an annual plan is selected, this will occur every year. If this is not possible, the Tokens shall be replenished on the first day following or before the day that would have corresponded to the replenishment of Tokens.

Right of withdrawal

If the User uses the Services as a consumer and is a resident in the European Union, the European Economic Area or the United Kingdom, it shall be entitled to withdraw the Services and to a refund as a result of the cancellation of the Services within fourteen (14) calendar days from the contracting. In order to exercise the right of withdrawal, the User must notify his/her decision to withdraw from the Services through an unambiguous statement (e.g. a letter sent by post to our address or email through the contact form). You may use the withdrawal form that appears at the end of these Terms, although its use is not mandatory. It should be noted that the Services shall start upon its contracting by the User and the withdrawal will not prevent the proportional payment by the User of any used Services (e.g. Tokens used) until withdrawal, which shall be deducted from the refund.

Modification or cancellation of the Services

CancellationThe User may request, at any time, the modification or cancellation of the Services through his/her Account on the Upgrade section. The request for modification or cancellation will not affect the Services that have already been contracted and paid, which will continue to be provided until the end of the period already paid and the anticipated amounts will not be refunded, without prejudice to the provisions regarding the right of withdrawal. The User Tokens will be set to zero at the end of the current billing cycle.Switching Subscription PlansTo obtain more Tokens, the User may upgrade the contracted Subscription at any time in the Upgrade section. When upgrading the Subscription, the upgrade will be effective immediately and the User will be offered a prorated price based on the use of the Subscription the User is upgrading from. Downgrades are always effective at the end of the current billing cycle.

5. Intellectual property

5.1. pykaso.ai's intellectual propertyThe elements, functionalities and utilities integrated within the Services and the Website, including any content and material regarding the same, are owned by or licensed to pykaso.ai and are protected by the laws on intellectual or industrial property.All content on our Website (whether past, present or future versions), as well as all of its functionalities, contents and elements are the property of pykaso.ai or its licensors and are protected by intellectual property rights, including, without limitation, (i) trademarks, logos and trade names; (ii) the format of the Services offered by pykaso.ai; and (iii) other forms of intellectual property.You acknowledge that, outside of the authorized uses of the Website as provided below, the reproduction, distribution, public communication, modification or transformation of the Website, including without limitation the marketing, decompilation, disassembly, use of reverse engineering techniques or any other means to obtain the source code of the Website through which the Services are provided (except to the extent permitted by the applicable regulations), constitute an infringement of intellectual property rights owned by or licensed to pykaso.ai, undertaking, consequently, not to perform any of the aforementioned actions.Subject to compliance with these Terms, pykaso.ai grants the User a non-exclusive, limited, revocable, personal and non-transferable authorization to use the Website only to access the Services, in accordance with these Terms and to the extent that the User is entitled to access them. Except for this authorization of use, pykaso.ai reserves all intellectual property rights regarding the Services, the Website and other elements that compose them.Content uploaded and generated by the UserThe Services allow Users to upload and provide to the Website contents such as Inputs and Instructions in order to generate Outputs using AI-powered tools provided by pykaso.ai.These Terms do not grant pykaso.ai any ownership to the content uploaded by the User or generated by the Services, except for the rights granted under these Terms that allow us to offer and improve the Services. In this regard, all content uploaded by the User and generated by the Services following the User's Instructions is the sole and exclusive responsibility of the User and not of pykaso.ai.pykaso.ai requires a license from the User with respect to the content of the Assets with the sole purposes of providing and improving the Services, comply with applicable law, enforce our Terms and keep our Services safe. Solely for this purpose and until you remove the content from the Services, you agree and acknowledge that by using the Services, you grant to pykaso.ai, its successors, and assigns a indefinite, worldwide, unlimited, non-exclusive, sublicensable, free license to (i) use, host, store, scan, make a copy, search, classify, index, and (ii) reproduce, communicate, publicly display, distribute and transform (including, but not limited to Upscaling, Transforming, trimming, editing and adapting), the Assets. For clarification purposes, pykaso.ai will not sell or advertise or make any commercial use of the contents of the Assets, in accordance with the provisions of these Terms.

6. pykaso.ai's liability for the Services

The User shall be solely liable for any damages arising to pykaso.ai or to any third party resulting from or related to any unlawful, unauthorized or improper access, or use of the Website, the Services or its contents in breach of these Terms, and undertake to hold pykaso.ai and its administrators, personnel, agents and representatives harmless from any liability they may incur as a result of such breach.To the full extent permitted by applicable law, you agree that in no event shall pykaso.ai be liable for any direct, indirect, incidental, special, or consequential damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if any pykaso.ai has been advised of the possibility of such damages) arising out of or in connection with (a) the inability to use the Website or the Services (without limiting the cause, including our negligence), (b) statements or conduct of or transactions with pykaso.ai or within the Services, (c) your use of the Services or the Website, or (d) any other matter relating to pykaso.ai. Our liability to you or any third parties in any circumstance shall be limited to the greater of $10 or the amount of pricing, if any, you paid to us in the 12 months prior to the action that may give rise to liability.pykaso.ai may contain links to third-party websites/apps that are not owned or controlled by our company. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites/apps. We strongly advise you to review the terms of service and privacy policy of any third-party website/apps that you visit.The User expressly understands and accepts that: - The use of the Services is at his/her sole risk. - To the fullest extent permitted by applicable regulations, pykaso.ai makes no guarantee that the Services will meet any requirements; that the Services will not be uninterrupted, secure, updated or error-free; that the results that may be obtained from the use of the Services will be accurate, correct, reliable or useful for a specific purpose or activity; that the quality of any service, information or any other material acquired or obtained through the Services will meet any expectations; and that any error will be corrected. - No data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information we do not warrant and cannot ensure the security of information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk.By way of example, but not limited to, pykaso.ai is not liable for damages that may arise from: - Interruptions, viruses, technical problems, interferences, unavailability, power cuts, omissions or disconnections of the electronic system, the communications system or its equipment for reasons beyond pykaso.ai's control. - Delays or unavailability in the use of the Services, the Website or traffic overloads on the Internet, in the communication network or the electricity grid. - Third party actions. - The unavailability of the Website or the Services due to maintenance or software updates. - Any other scenario beyond pykaso.ai's control.

Jurisdiction and Applicable Law

This Legal Notice is governed by United States legislation. Users of The Service submit to the United States jurisdiction, expressly waiving any other jurisdiction that may correspond to them under the law.

Termination

pykaso.ai reserves the right to deny or withdraw access to the Website or the Services to a User, in the event that he/she fails or pykaso.ai reasonably suspects that he/she violates these Terms, with a mere notification being sufficient to do so. In such cases, pykaso.ai will not incur any liability on account of the termination nor shall it be obliged to refund any amount that has been paid in advance. The User may terminate the Services and cancel the Account through the Website, following the procedure established at any time, and taking into account the provisions of the cancellation of the Services.

Modifications

pykaso.ai, may at any time and without incurring any liability, vary the content of the Website or the Services or interrupt the provision of all or some Services, without limitation other than those established by the applicable regulations.

General

These Terms are subject to United States Law and the Users submit to the jurisdiction of the Courts of Delaware (United States), expressly waiving any other jurisdiction that may correspond to them, unless the User's condition (e.g. as a consumer) makes it mandatory to apply any other legislation or jurisdiction.In the event that any of the provisions contained in these Terms is declared null and void, it will be withdrawn or replaced. In any case, such declaration of invalidity will not affect the validity of the other provisions contained in these Terms.If applicable, in accordance with Article 14 of Regulation (EU) 524/2013, you are informed that the European Commission has an online dispute resolution platform available at the following link: EU Online Dispute Resolution.