Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and PicSellence ("Company," "we," "us," or "our") concerning your access to and use of the PicSellence website and AI-powered marketplace listing generator service (collectively, the "Service").

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

2. Eligibility

To use PicSellence, you must:

• Be at least 18 years of age
• Have the legal capacity to enter into binding contracts
• Not be prohibited from using the Service under applicable laws
• Provide accurate and complete registration information
• Maintain the security of your account credentials

By using the Service, you represent and warrant that you meet these eligibility requirements.

3. Account Registration and Security

3.1 Account Creation

To access certain features, you must create an account by providing:

• A valid email address
• A secure password
• Additional information as required

3.2 Account Responsibilities

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access
• Ensuring your account information remains accurate and current

3.3 Account Security

We implement security measures to protect your account, but you must also:

• Use a strong, unique password
• Never share your credentials with others
• Log out from shared or public devices
• Report any security concerns immediately

4. Service Description

PicSellence provides an AI-powered platform that:

• Generates marketplace listings from product images
• Creates platform-specific content for eBay, Facebook Marketplace, and other platforms
• Offers optional AI image enhancement features
• Provides try-on variation generation
• Supports multiple business categories and product types

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time with or without notice.

5. Credits and Billing

5.1 Credit System

PicSellence operates on a credit-based system:

• One credit is consumed for each post generation
• Credits can be obtained through subscription plans or pay-as-you-go purchases
• Subscription credits reset monthly and do not roll over
• Pay-as-you-go credits never expire
• Credits are non-refundable except as required by law

5.2 Subscription Plans

Monthly subscription plans include:

• A specified number of credits per billing cycle
• Automatic renewal unless cancelled
• Access to all service features
• The ability to purchase additional credits as needed

5.3 Payments

• All payments are processed securely through PCI-compliant payment processors
• You authorize us to charge your payment method for all fees
• Prices are subject to change with 30 days' notice
• All fees are in USD unless otherwise stated
• You are responsible for all applicable taxes

5.4 Automatic Renewal

Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date. You will be charged the then-current subscription rate.

5.5 Cancellation

You may cancel your subscription at any time:

• Cancellation takes effect at the end of the current billing period
• You retain access until the end of the paid period
• Unused subscription credits are forfeited upon cancellation
• Pay-as-you-go credits remain available after cancellation

6. Refund Policy

6.1 Subscription Refunds

• Subscription fees are generally non-refundable
• Refunds may be issued at our discretion for service issues
• Pro-rated refunds are not provided for mid-cycle cancellations

6.2 Credit Purchase Refunds

• Credit purchases are non-refundable once processed
• Exceptions may be made for technical errors or duplicate charges
• Unused credits remain in your account and never expire

6.3 Service Credit

In case of significant service disruptions or failures, we may provide service credits at our discretion.

6.4 Chargebacks

Initiating a chargeback may result in immediate account suspension. We reserve the right to dispute fraudulent chargebacks and seek recovery of associated costs.

7. Acceptable Use Policy

7.1 Permitted Uses

You may use PicSellence to:

• Create legitimate marketplace listings for products you have the right to sell
• Generate marketing content for your business
• Enhance product images you own or have permission to use

7.2 Prohibited Uses

You may NOT use PicSellence to:

• Upload images you do not own or have permission to use
• Create listings for illegal, counterfeit, or prohibited items
• Generate misleading, fraudulent, or deceptive content
• Violate intellectual property rights of others
• Upload offensive, harmful, or inappropriate content
• Attempt to reverse engineer or copy our AI technology
• Abuse the service through excessive API calls or automated scraping
• Share your account credentials with others
• Create multiple accounts to abuse free trials or promotions
• Use the service for any illegal purpose

7.3 Fraud Prevention

We implement fraud detection systems. Suspicious activity may result in:

• Account flagging or review
• Temporary or permanent suspension
• Limitation of payment methods
• Reporting to relevant authorities

8. AI-Generated Content Disclaimer

8.1 Nature of AI Content

Content generated by our AI service:

• Is created by artificial intelligence algorithms
• May occasionally contain errors, inaccuracies, or unexpected results
• Should be reviewed and verified before publication
• May not be suitable for all purposes without modification

8.2 Your Responsibilities

You are responsible for:

• Reviewing all AI-generated content before use
• Ensuring content accuracy and appropriateness
• Compliance with marketplace policies where you post
• Any claims or issues arising from content you publish

8.3 AI Image Enhancement

AI-enhanced images may contain artifacts or unexpected modifications. Always review enhanced images carefully before use in your listings.

8.4 No Guarantee of Results

We do not guarantee that AI-generated content will:

• Result in successful sales
• Be accepted by all marketplaces
• Meet specific quality standards
• Be free from all errors

9. Intellectual Property Rights

9.1 Your Content

You retain ownership of images and information you upload. By using the Service, you grant us a limited license to:

• Process your images through our AI system
• Store your content on our servers
• Use anonymized data to improve our services
• Display your content back to you

9.2 Generated Content

AI-generated text content:

• Is provided for your use under these Terms
• May be used in your marketplace listings
• Should not be resold as a standalone product
• Remains subject to applicable marketplace policies

9.3 Our Intellectual Property

PicSellence and all related technology, features, and functionality are owned by us and protected by copyright, trademark, and other intellectual property laws. You may not:

• Copy, modify, or distribute our software
• Reverse engineer our AI technology
• Use our branding without permission
• Create derivative works based on our Service

10. Privacy and Data Protection

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

Key privacy points:

• We encrypt data in transit and at rest
• We do not sell your personal information
• You can request deletion of your account and data
• We comply with GDPR, CCPA, and other privacy regulations

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

11.1 No Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability
• Fitness for a particular purpose
• Non-infringement
• Accuracy or reliability of AI-generated content
• Uninterrupted or error-free operation

11.2 Limitation of Damages

WE SHALL NOT BE LIABLE FOR:

• Indirect, incidental, special, or consequential damages
• Loss of profits, revenue, or data
• Business interruption
• Loss resulting from AI content errors or inaccuracies
• Damages exceeding the amount you paid us in the last 12 months

11.3 Third-Party Services

We are not responsible for:

• Actions or policies of third-party marketplaces
• Rejection of your listings by marketplaces
• Sales performance or outcomes
• Issues with third-party payment processors or storage services

12. Indemnification

You agree to indemnify, defend, and hold harmless PicSellence, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Content you upload or generate
• Your marketplace listings created using our Service

13. Termination

13.1 Termination by You

You may terminate your account at any time by:

• Cancelling your subscription through account settings
• Contacting customer support
• Requesting account deletion

13.2 Termination by Us

We may suspend or terminate your account immediately if you:

• Violate these Terms
• Engage in fraudulent activity
• Abuse the Service or our systems
• Fail to pay required fees
• Provide false information

13.3 Effect of Termination

Upon termination:

• Your access to the Service will cease
• Unused subscription credits will be forfeited
• Pay-as-you-go credits may be forfeited for Terms violations
• Your data will be deleted according to our Privacy Policy
• Sections of these Terms that should survive will remain in effect

14. Dispute Resolution

14.1 Informal Resolution

Before filing a claim, you agree to contact us at support@picsellence.com to attempt informal resolution of any dispute.

14.2 Arbitration

Any disputes that cannot be resolved informally shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except as otherwise provided by law.

14.3 Class Action Waiver

You agree to resolve disputes on an individual basis and waive the right to participate in class actions or class-wide arbitration.

14.4 Exceptions

Either party may seek injunctive relief in court for intellectual property infringement or violations of these Terms.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States and the State of Delaware, without regard to conflict of law principles.

16. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

• Posting updated Terms on this page
• Updating the "Last Updated" date
• Sending email notification for significant changes
• Displaying a notice in the application

Your continued use of the Service after changes become effective constitutes acceptance of the modified Terms.

17. Miscellaneous

17.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and PicSellence regarding the Service.

17.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

17.3 Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

17.4 Assignment

You may not assign or transfer these Terms without our written consent. We may assign these Terms without restriction.

17.5 Force Majeure

We are not liable for delays or failures in performance resulting from causes beyond our reasonable control.

18. Contact Information

For questions about these Terms, please contact us:

19. Acknowledgment

BY USING PICSELLENCE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.