1. The Service
Autopictura provides a Shopify app that lets merchants offer AI-generated custom designs on their products (the "Service"). By installing or using the Service, you accept these Terms and Conditions of Use.
2. Eligibility
The Service is intended for businesses. You must be at least 18 years old and have authority to accept these Terms on behalf of the Shopify store that installs the app.
3. Your Shopify Account
- Access to the Service is tied to your Shopify store. You are responsible for who has staff access to your store and therefore to the app.
- Your use of Shopify itself is governed by Shopify’s own terms.
- Tell us straight away if you suspect unauthorized use of the app on your store.
4. Plans, Pricing and Features
- We take care to show correct pricing, but we may correct errors when we find them.
- We may change plans, pricing, AI models and features. We give reasonable notice of price changes before they apply to you.
5. Billing
- All charges are billed through Shopify, in 30-day billing cycles, and appear on your Shopify invoice.
- Orders beyond your plan’s allowance are charged as usage charges, up to the monthly cap of your plan. When the cap is reached, order processing stops until the next cycle or until you raise the cap.
- If Shopify cannot collect a payment, we may suspend the Service until the account is in good standing.
6. Cancellation and Refunds
- You can cancel at any time by uninstalling the app from your Shopify admin.
- Charges already billed are not refunded for partial billing cycles or unused allowance.
- Full or partial refunds are only given where the Service we provided was defective. Approved refunds are issued through Shopify.
7. Changing Plans
You can change plans at any time. New plan limits apply immediately, while your billing cycle, order count and usage charges for the current cycle stay unchanged.
8. Free Trials
Free trials and promotional offers are subject to these Terms. We may change or withdraw them at any time.
9. Support
We provide support by email and, at our discretion, other channels. Support for trial accounts may be limited.
10. Acceptable Use
You must not use the Service, or let your customers use it, to:
- create or distribute unlawful, obscene, hateful, defamatory or harassing content;
- create content that infringes anyone’s intellectual property, image or privacy rights;
- create sexual content involving minors, or depict real people without their consent in a harmful or misleading way;
- upload viruses or malicious code, or attempt to gain unauthorized access to our systems;
- scrape, overload or reverse engineer the Service, or circumvent usage limits.
11. Your Content and Generated Designs
- You keep ownership of the content you and your customers upload, and of the styles you create. We use it only to provide the Service.
- Subject to these Terms and the terms of the AI providers we use, you may use the designs generated for your store commercially.
- You are responsible for having the rights to all uploaded content, including images uploaded by your customers, and for any royalties or claims arising from it.
12. AI-Generated Output
Designs are created by third-party AI models. Output can be inaccurate, unexpected or similar to existing works, and we do not guarantee any particular result. Review designs before you produce or sell them.
13. Copyright Complaints
We do not condone the use of copyrighted material without permission. If you believe content processed through the Service infringes your rights, contact us and we will remove it where appropriate.
14. Content Monitoring
We do not actively monitor content uploaded to or generated with the Service, and we are not responsible for it. We may apply automated safety filters and remove content that breaches these Terms.
15. Suspension and Termination
We may suspend or terminate your access, with or without notice, if you breach these Terms. Sections 11, 13, 17, 18 and 19 continue to apply after termination.
16. Availability and Retention
- We take reasonable steps to keep the Service available, but it may be interrupted by maintenance or by outages at Shopify, AI providers or hosting providers.
- Uploaded images and generated designs are stored for a limited time. You are responsible for downloading and keeping the files you need for production.
17. Disclaimer
The Service is provided "as is". We are not responsible for content provided by you, your customers or third parties, nor for third-party websites linked from the Service.
18. Limitation of Liability
- We are not liable for loss of profits, revenue, business, anticipated savings or data, or for any indirect or consequential loss.
- Our total liability in any 12-month period is limited to the greater of the fees you paid us in that period or €100.
- Nothing in these Terms limits liability that cannot be limited by law.
19. Indemnity
You indemnify us against third-party claims arising from your breach of these Terms or from content uploaded by you or your customers.
20. Privacy
We process personal data in accordance with the GDPR. Our Privacy Policy explains what we collect and why.
21. Severability
If any provision of these Terms is found invalid, the remaining provisions stay in effect.
22. Waiver
Not enforcing a right under these Terms does not waive that right unless we confirm so in writing.
23. Entire Agreement and Changes
These Terms are the entire agreement between you and us about the Service. We may update them and will give reasonable notice of material changes. Continued use after a change means you accept the updated Terms.
24. Governing Law
These Terms are governed by Dutch law. Disputes are subject to the exclusive jurisdiction of the courts of the Netherlands.