Updated Date: March 10, 2026
Welcome to PicUltra (the "Platform"). PicUltra is a website provided by us that allows users to generate images using artificial intelligence based on input content. These "Terms of Service" (these "Terms") may be updated from time to time and are intended to govern the relationship and serve as an agreement between you and Startcom CA Limited (the "Company","we" "us," or "our"), setting forth the terms and conditions for your access to and use of the Platform and our related services, applications, websites, products, and/or content (collectively, the "Services"). Our Services are generally intended for private, non-commercial use only. For the purposes of these Terms, "you" refers to the user of the Services.
These Terms constitute a legally binding agreement between you and us. Please take the time to read them carefully.
1.1 By accessing or using our Services, you confirm that you can form a binding contract with the Company, that you accept these Terms (including any supplementary terms), and agree to comply with them. Your access to and use of our Services is governed by these Terms.
1.2 You may also be subject to additional terms and policies when accessing or using certain features of the Platform, certain Services, and/or accessing or using certain content for commercial purposes (if permitted). Such additional terms and policies will be provided to you when relevant and shall form part of these Terms.
1.3 The Services are intended only for individuals who are at least 18 years of age or the legal age of majority in your jurisdiction of residence. Furthermore, if you are under 18 or the legal age of majority in your jurisdiction of residence, you may only access or use the Services with the consent of a parent or legal guardian. Please ensure that your parent or legal guardian has read and discussed these Terms with you.
1.4 If you access or use the Services on behalf of a business or entity, then (a) "you" and "your" include you and that business or entity; (b) you represent and warrant that you are an authorized representative of the business or entity with the authority to bind the business or entity to these Terms, and agree to these Terms on behalf of the business or entity; and (c) your business or entity will be legally and financially responsible for your access to or use of the Services as well as for the access or use of your account by others (whether or not affiliated with your business or entity, including any employees, agents, or contractors).
1.5 You accept these Terms by accessing or using our Services. You understand and agree that from the moment you access or use the services, we will consider it as your acceptance of these Terms.
2.1 PicUltra is an advanced AI-powered image editing platform that provides text-to-image generation and image editing features. Our services include:
(1) AI-powered image editing and enhancement;
(2) Text-to-Image Generation;
(3) Support for Multi-Image Processing;
(4) Natural Language Image Processing;
(5) Credit-based paid features.
The specific functions of the platform are subject to the actual display on the platform's pages. We reserve the right to adjust specific product's features based on operational needs without separately notifying users.
2.2 Platform versions may vary depending on your jurisdiction and the device you are using. The Services (in whole or in part) may not be available in all jurisdictions, on all devices, or in all languages.
2.3 Artificial Intelligence Disclaimer
Artificial Intelligence ("AI") and machine learning are rapidly evolving fields of research. You acknowledge and agree that because the content output by this product's AI services is generated by AI models:
(1) Due to the limitations of current technology, we cannot guarantee the accuracy, completeness, timeliness, or usability of the output content. The output may also contain flaws in terms of facts, opinions, or values, and we shall not be held liable for any legal responsibility regarding this content.
(2) The content generated by this service is for reference purposes only and does not represent our attitudes, opinions, or positions, nor does it constitute any advice or recommendation from us to you. Algorithmic responses may not align with your actual situation or real-life circumstances; you should exercise caution in accessing their truthfulness and reliability, and we disclaim any responsibility for such content.
(3) The output content of this service may contain certain sensitivities, irrationalities, or ambiguities that could lead to misunderstandings. If you publish, share, or disseminate the output content of this service in any way, you must prominently label such content to clearly indicate that it is generated by artificial intelligence. Furthermore, you shall solely bear all legal responsibilities arising from your publication, sharing, or dissemination of such content.
To use our Services, you must create an account by providing accurate, complete, and up-to-date information. You are responsible for maintaining the confidentiality of your account credentials. You are required to update your account information and any other information you provide to us to keep such information current, accurate, and complete.
(1) You are responsible for all activities that occur under your account;
(2) You must notify us immediately of any unauthorized use of your account;
(3) You must meet the legal minimum age requirement for using our services in your country or region.
We reserve the right to temporarily or permanently suspend or terminate your account, or impose restrictions on your access to part or all of the services, at any time, with or without cause (including but not limited to the following reasons), and with or without notice:
(1) If we have reasonable grounds to believe that you have violated, or are suspected of violating, these Terms, including any agreements, policies, or guidelines incorporated by reference into these Terms, or any applicable laws;
(2) If activities occurring under your account, in our sole judgment, are or may be harmful to us or other users, impair our ability to provide the platform or services, or infringe or violate any third-party rights (including intellectual property rights);
(3) In response to requests by law enforcement or other government agencies under valid legal process;
(4) Due to unexpected technical or security issues; or
(5) If your account remains inactive for a certain period.
In accordance with applicable law, if your account is temporarily or permanently suspended or terminated, access to your account and any information or content related to your account may also be suspended or terminated. As we do not guarantee that your content will be permanently available, you should regularly back up any content you consider important.
4.1 Your use of and access to the Services are governed by these Terms and all applicable laws and regulations. You agree to use the Services only for purposes expressly permitted by these Terms.
4.2 You agree not to use the Services for:
(1) Accessing or using the Services if you are not fully capable of entering into these Terms, or if your parent or legal guardian does not consent to your use of the Services, or if you have not been authorized by the business or entity you represent;
(2) Taking or attempting to take any of the following actions: copying, cracking, modifying, adapting, translating, reverse-engineering, disassembling, decompiling, or creating any derivative works based on the Services (including any files, forms, or documents or any part thereof), except as expressly permitted by these Terms, or determining or attempting to determine any source code, algorithms, methods, or techniques contained in the Services or any derivative works thereof;
(3) Modifying or removing any copyright, trademark, service mark, trade name, slogan, logo, image, or other proprietary notices or marks displayed through the Services;
(4) Distributing, licensing, transferring, or selling any part of the Services or any derivative works thereof, or using the Services or any derivative works thereof in any manner not authorized by us;
(5) Marketing, renting, or leasing the Services, or using the Services for advertising or any commercial solicitation, whether for a fee or for free;
(6) Interfering or attempting to interfere with the proper functioning of the Service, damaging our website or any networks connected to the Service, or circumvent or bypass any measures we may use to prevent or restrict access to the Service;
(7) Integrating the Services into any other software or product, or integrating any content from the Service into any other software or product, except as expressly permitted by these Terms;
(8) Using automated scripts or other technologies to collect information from the Service or otherwise interact with the Service;
(9) Using the Service to upload, transmit, distribute, store, or provide in any way any content containing viruses, Trojans, worms, spyware, adware, key loggers, logic bombs, or any other malicious, technologically harmful, destructive, or disabling code, software, files, or content (collectively, "Harmful Code"), or to assist, facilitate, or achieve the theft, tampering, denial of service, unauthorized disclosure, destruction, or corruption of data;
(10) Using the Services in a manner that violates or infringes upon any third party rights of publicity, privacy, copyright, trademark, or other intellectual property or other rights;
(11) Using the Services to provoke, bully, harass, intimidate, distress, threaten, harm, embarrass, upset, defame, incite, or show hostility toward others;
(12) Using the Services or the materials or content generated by the Services in a manner that: violates any national, federal, state, local, or international law or regulation; exploits, harms, or attempts to exploit or harm minors in any way; generates or disseminates personally identifiable information intended to harm others; generates or disseminates personally identifiable information that could be used to harm individuals; defames, disparages, or otherwise harasses others; is used to adversely affect the legal rights of individuals or otherwise create or modify fully automated decisions with binding, enforceable obligations; is used for any purpose intended to or actually discriminating against or harming individuals or groups based on online or offline social behavior, or known or predicted personal or personality characteristics; exploits any vulnerabilities of a specific group of people due to age, social, physical, or mental characteristics in a manner that substantially distorts the behavior of members of that group, causing or likely to cause physical or psychological harm to them or others; is used for any purpose intended to or actually discriminating against individuals or groups based on legally protected characteristics or categories; provides medical advice and interpretation of medical results; generates or disseminates information intended for use in the administration of justice, law enforcement, immigration, or asylum processes, such as predicting that an individual will commit fraud/crime (e.g., through text profiling, establishing causal links between statements in documents, or indiscriminate and arbitrary targeting);
(13) You shall not use the Services for illegal activities or publish unlawful content, or utilizing new technologies and applications such as deep learning, virtual reality, and generative artificial intelligence to create, publish, or disseminate fake news and information. When publishing or disseminating non-factual information created using new technologies and applications such as deep learning, virtual reality, and generative artificial intelligence, or other information content that may cause public confusion or misidentification, you must label it in a prominent manner. Furthermore, you shall not obscure, smear, or delete the prominent labels we have applied to the content in any way.
(14) You shall not use the Services to disseminate or provide any of the following materials or content: (i) defamatory, obscene, offensive, pornographic, hateful, or inflammatory content; (ii) content that constitutes, encourages, or provides instructions for a criminal offense, dangerous activities, or self-harm; (iii) content deliberately intended to provoke or antagonize others, particularly provocation and bullying, or intended to harass, harm, damage, intimidate, distress, embarrass, or upset; (iv) content containing threats of any kind, including threats of physical violence; or (v) racist or discriminatory content, including discrimination based on race, religion, age, gender, disability, or sexual orientation; or
(15) Engaging in any activities that restrict or prohibit others from using or enjoying the Services, or conduct actions, in our sole discretion, that may cause liability, damage, or harm to us, our users, affiliates, or any other third party.
4.3 We reserve the right, at any time and without prior notice, to remove or disable access to content at our sole discretion for any reason or no reason. Some reasons we may remove or disable access to content include finding the content objectionable, in violation of these Terms, or otherwise harmful to the Service or our users. If you violate these Terms or applicable law, we may suspend or terminate your access to the Service at any time, with or without notice. You acknowledge that your violation of these Terms or applicable law may result in civil, criminal, or other liability. To the extent permitted by law, we reserve the right to report your violations to law enforcement authorities and to pursue other available remedies.
The Platform and Services may allow users to submit prompts (Input) and receive generated images (Output) in response.
The Platform and Services may allow users to submit prompts (inputs) and receive generated images (outputs) in response. The use of outputs generated by the Platform or Services relies on computational models, which may exhibit unpredictable behavior. Different users may receive similar outputs (particularly when the inputs are similar), but this is not always the case. Therefore, we do not guarantee that the outputs will meet your expectations, be unique, or faithfully represent your input or accurately depict the content you are seeking.
Between you and us (within the scope of our potential rights in inputs or outputs), if you comply with these Terms, you will retain ownership of the inputs you upload and the corresponding generated outputs (collectively referred to as "Assets"). You are responsible for ensuring that your use of the generated content complies with all applicable laws.
You grant us (and our affiliates, successors, and assigns) and other users of the Platform a perpetual, irrevocable, worldwide, non-exclusive, transferable, cost-free, royalty-free, and sub-licensable right and license to use your Assets for any purpose. This license remains in effect even after the termination or expiration of your agreement with us for any reason.
For the purposes of these Terms, "Use" means: copying, modifying, adapting, creating derivative works, publicly distributing, performing, or displaying, distributing, and otherwise using or developing.
You acknowledge and agree that, in certain circumstances, we have the right to disclose your identity to any third party who claims that any Assets you post, upload, generate, share, or otherwise provide through our services infringe upon their intellectual property rights or privacy rights.
If you have any concerns or complaints regarding any information or materials provided through the Platform or Services, please notify us in writing via email at: support@www.pic-ultra.com.
As a condition of your access and use of the Services, you agree not to use the Services to infringe any intellectual property rights, nor to access or use the Services or any content therein for any commercial or unauthorized purposes. We reserve the right, at any time and in our sole discretion (with or without notice), to block access to the Services or to suspend or terminate the account of any user who infringes or is alleged to infringe any intellectual property or proprietary rights. You may not use any of our (or our affiliates') logos, brand names, or other trademarks without our prior consent.
The Platform (including our AI models, algorithms, software, and documentation) is protected by intellectual property laws. You may not copy, modify, or distribute our proprietary technology.
We use Stripe as a third-party service provider for payment services (e.g., card acceptance, merchant settlement, and related services) (the "Payment Processor"). If you make a purchase within the Services, you will be required to provide your payment details and any additional information necessary to complete the order directly to our Payment Processor. You agree to be bound by Stripe's Privacy Policy (currently accessible at https://stripe.com/us/privacy) and its Terms of Service (currently accessible at https://stripe.com/ssa), and hereby consent and authorize us and the Payment Processor to share any information and payment instructions you provide with one or more Payment Processors to the minimum extent necessary to complete your transactions. Please note that online payment transactions may be subject to validation checks by our Payment Processor and your card issuer, and we are not responsible if your card issuer declines to authorize payment for any reason. For your security, our Payment Processor uses various fraud prevention protocols and industry-standard verification systems to reduce fraud, and you authorize them to verify and validate your payment information. Your card issuer may charge you online handling or processing fees. We are not responsible for this. In certain jurisdictions, our Payment Processor may use third parties under strict confidentiality and data protection requirements for the purpose of payment processing services.
You shall pay all fees to your account ("Fees") in accordance with the applicable charges, billing and payment terms that are effective when the fees become due. By providing your payment information to us and/or our payment processors, you agree that we and/or our payment processors are authorized to immediately bill your account for all fees due and payable to us hereunder and that no further notice or consent is required. You shall immediately notify us of any changes to your payment information to maintain its completeness and accuracy. We reserve the right at any time to change our prices and billing methods at our sole discretion. You agree to have sufficient funds or credit available at the time of placing an order to ensure that we can collect the purchase price. Your failure to provide accurate payment information to us and/or our payment processors, or our inability to collect payment, shall constitute a material breach of this Agreement by you. Except as otherwise provided in this Agreement, all fees for services are non-refundable.
Fees do not include any Sales Tax (as defined below) that may be applicable to the services provided under this Agreement. If we determine that we have a legal obligation to collect Sales Tax from you in connection with this Agreement, we shall collect such Sales Tax in addition to the fees. If any services or payments for services under this Agreement are subject to any Sales Tax in any jurisdiction and you have not paid the applicable Sales Tax to us, you shall be responsible for paying such Sales Tax and any related penalties or interest to the relevant taxing authority, and you shall indemnify us for any liability or expense we may incur as a result of such Sales Tax. You shall provide us with formal receipts issued by the relevant taxing authority, or other evidence proving that you have paid all applicable taxes. For the purposes of this section, "Sales Tax" refers to any sales or use tax, as well as any other tax that is measured by sales revenue and functionally equivalent to sales tax in jurisdictions where sales or use tax is not separately imposed.
Certain services or specific parts thereof are available only with a paid subscription. You will be billed in advance on a recurring and periodic basis (monthly), depending on the type of subscription plan you select when purchasing. At the end of each billing cycle, your subscription will automatically renew at the then-current price unless you or we cancel it. By subscribing, you authorize us to charge the payment method specified in your account immediately and again at the beginning of any subsequent subscription period.
If you need to request a cancellation of your subscription, you can contact us via email at support@www.pic-ultra.com. The fees paid for the current subscription period are non-refundable, and you may continue to use the service until the end of the current subscription period.
You must provide accurate and complete billing information to our payment system, including your full name, address, state/province, zip/postal code, telephone number, and valid payment method details. If automatic billing fails for any reason, we will send you a payment notice indicating that you must manually pay the full amount due for the billing period by the specified deadline.
We reserve the right to modify subscription fees at any time at our sole discretion. Any changes to subscription fees will take effect at the end of the current subscription period. We will provide you with reasonable advance notice of any changes in subscription fees before they take effect, giving you the opportunity to terminate your subscription before the change becomes effective. Your continued use of the Service after the subscription fee change takes effect constitutes your agreement to pay the modified subscription fee amount.
The Service operates based on a credit system. Credits can be obtained through purchase, earned, or acquired via promotions or subscriptions. The rules for using credits are as follows:
(1) Each service consumes a predetermined number of credits ("Credits") based on complexity, quantity, or duration, as determined by the Company at its sole discretion. The Platform provider reserves full discretion to determine the value of credits, including but not limited to the amount or type of computation, service access, or computing resources each credit can achieve. Credit consumption rates may vary depending on the type of service accessed, the complexity of the request, the size or length of input or output, the model tier, or any other relevant technical factors. The Platform does not guarantee that a specific number of credits will produce a fixed quantity or quality of output. The Company reserves the right to modify, increase, or decrease the number of credits required to access specific features, tools, or model capabilities, with or without prior notice. These changes may reflect shifts in system requirements, operational costs, new feature releases, or technical upgrades. The Platform may divide services into different credit tiers (e.g., Free, Active, Daily, Monthly, etc.). While the Company may provide users with up-to-date credit usage information (including consumption estimates), it assumes no responsibility for discrepancies between estimated usage and actual usage.
(2) All credits should be used within their validity period in accordance with our published credits rules. The priority rule for credits consumption is: credits with a shorter remaining validity period take precedence over credits with a longer remaining validity period. All Credit purchases are final and non-refundable, except where required by law. Upon termination of your account for any reason, unused Credits may be forfeited without compensation.
(3) You acknowledge and agree that the credits you obtain through payment are for the exclusive use of the account to which they were issued. They may not be transferred, resold, exchanged for cash or other value, or otherwise made available for use by any third party other than yourself (including but not limited to natural persons, legal entities, or other organizations). Otherwise, you shall personally bear any legal consequences and liabilities arising therefrom, and we reserve the right to take the following measures as appropriate without incurring any liability:
• Revoke your right to continue using the paid services of this product;
• Limit, freeze, or terminate your paid service account;
• Require you to return any profits obtained through transfer, resale, or other methods;
• Any other remedial measures we deem necessary.
(4) The platform reserves the right to adjust credit costs, modify available services, or change the Credit system at any time with or without prior notice.
(5) You can view your credits balance, remaining validity, acquisition and consumption history, and other records on the designated product page. This record will serve as valid evidence of your credits usage. If you dispute the credits record, you may contact us through the contact information stipulated in this Agreement. If an error is confirmed after our investigation and verification, it will be corrected.
(6) Any paid services of this product obtained through theft, exploiting system vulnerabilities, or any unofficial or unauthorized channels (including but not limited to acquisition via purchase, rental, borrowing, sharing, or transfer), as well as services obtained through malicious exploitation or disruption of this product's membership, shall not receive any protection. We have the right to cancel and/or refuse to provide services, and all resulting losses and liabilities shall be borne by the violators.
Except as required by applicable law, all payments made for subscriptions, credits, or other paid features are final and non-refundable. You acknowledge that once access to paid services or credits has been granted, we have fully performed our obligations and no refunds will be provided.
In exceptional cases we may, at our sole discretion, consider requests for partial refunds. If approved, any refund will be calculated based on the proportion of unused credits, excluding any discounts, promotions, or taxes paid. The final decision regarding refund eligibility and the amount rests solely with the Company.
Refunds (if approved) will be issued to your original payment method within 1-15 business days, depending on the processing time of your payment provider.
We reserve the right to refuse refunds in the following situations:
• Your account has been restricted, suspended, or terminated due to policy violations, abuse, or fraud;
• You have previously received a refund for similar products or services;
• You purchased credits, subscriptions, or other services through promotions, coupons, or discounted prices; or
• The refund request is made after the expiration of Credits or involves used credits or consumed services.
• We reserve the right to refuse or limit refund requests at its sole discretion to prevent abuse or excessive refund claims.
To the maximum extent permitted by applicable law, we do not guarantee that the membership features obtained after payment will meet your expectations, nor do we guarantee that the membership features will be uninterrupted, secure, or that the information will be accurate, timely, or transmitted smoothly.
To the maximum extent permitted by applicable law, we will not be liable for any incidental, indirect, special, or consequential damages or claims arising out of or in any way related to the user's use of the paid services (including, but not limited to, damages resulting from failure to fulfill any responsibilities, including those of integrity or reasonable diligence, negligence, or any other monetary or non-monetary losses).
In order to provide paid services properly, we need to perform regular or occasional system maintenance. Users should understand that service interruptions or suspensions may occur due to such maintenance; however, we are obligated to make efforts to avoid these interruptions or to limit the downtime to the shortest possible time.
In the event of any of the following circumstances, we reserve the right to interrupt or terminate the provision of paid services to you at any time without notice. We shall not be held liable to you or any third party for any resulting inconvenience or damage, and no membership fees will be refunded:
(1) Routine checks or construction, updates to hardware or software, etc., during which we may suspend services, but we will complete maintenance or updates as quickly as possible;
(2) Server damage or failure that prevents normal operation;
(3) Unforeseen Hardware, Software, and Electronic Communication Equipment Failures;
(4) Network provider line failures or other issues;
(5) Emergency situations to maintain national security or the personal safety of other users and third parties;
(6) Force majeure events and other third-party causes.
Unforeseen Hardware, Software, and Electronic Communication Equipment Failures, you agree that we reserve the right to interrupt or terminate some or all of the paid services by providing prior notice via website announcement. You clearly acknowledge the granting of the aforementioned right and understand that the exercise of such right may cause direct or indirect loss of interests to yourself and other third parties. You hereby expressly state that you will not hold us liable for any responsibilities that may arise from the exercise of the aforementioned unilateral right to interrupt or terminate services. After the paid services are discontinued, for membership benefits that the user has purchased but not yet used, we will calculate a refund amount proportional to the fees you paid and return it to you in legal tender or another mutually acceptable method.
Your privacy is very important to us. Our collection, use, and protection of your personal information are governed by our Privacy Policy.
9.1 We will use commercially reasonable efforts to keep the Services operational. However, unless otherwise mandated by applicable law, we do not guarantee the availability of any Services. You acknowledge that the Services may be interrupted from time to time for various reasons (e.g., scheduled or emergency downtime, or failures of network and telecommunications service providers).
9.2 We may also permanently terminate the Services and your access or use of the services.
9.3 You agree that, to the maximum extent permitted by applicable law, we will not be liable for any obligations or damages arising from changes, interruption, or termination of the Services or any part thereof.
10.1 NOTHING IN THESE TERMS SHALL AFFECT ANY STATUTORY RIGHTS THAT YOU ARE ALWAYS ENTITLED TO AS A CONSUMER UNDER THE LAW AND WHICH YOU CANNOT CONTRACTUALLY AGREE TO ALTER OR WAIVE.
10.2 THE SERVICES (INCLUDING THE COMPANY'S CONTENT) ARE PROVIDED "AS IS" AND "AS AVAILABLE," AND INCLUDE ALL FAULTS. WE MAKE OR PROVIDE NO CONDITIONS, WARRANTIES, OR REPRESENTATIONS OF ANY KIND OR NATURE (WHETHER EXPRESS OR IMPLIED) REGARDING THE SERVICES. IN PARTICULAR, WE DO NOT REPRESENT OR WARRANT TO YOU THAT:
(1) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS OR ACHIEVE ANY INTENDED RESULTS;
(2) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE FROM HARMFUL CODE;
(3) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE COMPLETE, ACCURATE, UP-TO-DATE, OR RELIABLE; OR
(4) ANY SOFTWARE PROVIDED AS PART OF THE SERVICE WILL BE FREE FROM OPERATIONAL OR FUNCTIONAL DEFECTS, OR THAT ANY SUCH DEFECTS WILL BE CORRECT.
10.3 UNLESS EXPRESSLY SET OUT IN THESE TERMS, NO CONDITIONS, REPRESENTATIONS, WARRANTIES OR OTHER TERMS (INCLUDING ANY IMPLIED CONDITIONS, REPRESENTATIONS, TERMS OR WARRANTIES AS TO SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR PURPOSE, CONFORMANCE WITH DESCRIPTION, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS) APPLY TO THE SERVICES (INCLUDING THE COMPANY'S CONTENT). WE MAY CHANGE, SUSPEND, WITHDRAW OR RESTRICT THE AVAILABILITY OF ALL OR ANY PART OF THE PLATFORM AND/OR SERVICES AT ANY TIME WITHOUT NOTICE FOR BUSINESS AND OPERATIONAL REASONS.
10.4 FOLLOWING ANY SUSPENSION OR TERMINATION OF THE SERVICES, WE HAVE NO OBLIGATION TO PROVIDE YOU WITH ANY TRANSITION SERVICES, TECHNICAL OR OTHER SUPPORT, NOR DO WE ASSUME ANY DISASTER RECOVERY OBLIGATIONS OR COMMITMENTS.
11.1 NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED DIRECTLY BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES OR AGENTS, AND FOR FRAUD OR FRAUDULENT MISREPRESENTATION.
11.2 SUBJECT TO THE ABOVE CLAUSE, WE SHALL NOT BE LIABLE TO YOU FOR:
(1) ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY); ANY LOSS OF GOODWILL; ANY LOSS OF OPPORTUNITY; ANY LOSS, CORRUPTION, LEAKAGE, ACCESS, TAMPERING, MISUSE, MANIPULATION, OR OTHER EXPLOITATION OF DATA SUFFERED BY YOU; OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHICH MAY BE INCURRED BY YOU; AND/OR
(2) ANY LOSS OR DAMAGE YOU MAY SUFFER DUE TO:
ANY CHANGES WE MAY MAKE TO THE SERVICES, OR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
(3) THE DELETION, DAMAGE, OR FAILURE TO STORE OR TRANSMIT ANY CONTENT OR OTHER COMMUNICATIONS DATA YOU MAINTAIN OR TRANSMIT THROUGH THE SERVICE.
THESE LIMITATIONS ON OUR LIABILITY TO YOU SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
11.3 WE TAKE NO RESPONSIBILITY AND ASSUME NO LIABILITY FOR ANY CONTENT PROVIDED BY ANY USER OR THIRD PARTY ON OR THROUGH THE PLATFORM OR SERVICES.
11.4 TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY (INCLUDING BUT NOT LIMITED TO ANY CARRIER, COPYRIGHT OWNER, THIRD-PARTY WEBSITE OR RESOURCE PROVIDER, OR OTHER PLATFORM USERS) ARISING FROM YOUR USE OF THE SERVICES SHALL BE RESOLVED DIRECTLY BETWEEN YOU AND THIRD PARTY, AND YOU IRREVOCABLY RELEASE US AND OUR AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND INDIRECT) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR DISPUTES WITH SUCH THIRD PARTIES.
11.5 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MAXIMUM AGGREGATE LIABILITY OF THE COMPANY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY, OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE PLATFORM OR SERVICES, SHALL BE LIMITED TO THE GREATER OF: (1) THE AMOUNT PAID BY YOU TO US IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE OCCURRENCE OF SUCH CLAIM, OR (2) FIFTY US DOLLARS (USD $50) OR THE EQUIVALENT IN LOCAL CURRENCY.
12.1 You shall defend, indemnify, and hold harmless the Company, its parent companies, subsidiaries, and affiliates, as well as their respective officers, directors, employees, sublicensees, agents, and advisors, and their assigns and successors (each an "Indemnified Party"), from and against any and all direct and indirect losses, claims, liabilities, damages, costs, and expenses (including but not limited to attorney's fees and disbursements). Such losses or expenses may be suffered, incurred, or required to be borne by an Indemnified Party as a result of any breach of these Terms or applicable law by you or any user of your account, or due to your breach of obligations, representations, or warranties under these Terms.
12.2 This means that if you fail to comply with the law or the requirements set forth in this agreement, you must compensate us (by paying us) for the financial and other costs, expenses, and losses we incur due to your actions.
Except as otherwise provided in these Terms or required by law, these Terms and your use of the Services shall be governed by the laws of Hong Kong. Any dispute, controversy, difference, or claim arising out of or relating to these Terms, including its existence, validity, interpretation, performance, breach, or termination, or any dispute regarding non-contractual obligations arising out of or relating to these Terms, shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The place of arbitration shall be Hong Kong. The language of the arbitration shall be English.
We may revise or update these Terms from time to time to reflect changes in applicable laws, regulations, standards, industry codes, or other documents of a similar nature, or to reflect changes, updates, or new features of the Platform and/or Services. We will make commercially reasonable efforts to notify you of any material changes to these Terms through platform notifications or other means. You should review these Terms each time you access the Platform to stay informed of our latest practices. The "Last Updated" date at the top of these Terms is the effective date of the revised Terms. By continuing to access or use the Platform and/or Services after the date of the changes, you accept the updated Terms. If you do not agree to the updated Terms, you must stop accessing or using the Platform and Services.
These Terms constitute the entire legal agreement between you and the Company and govern your use of the Services, superseding any prior communications and proposals (whether oral, written, or electronic) between you and us.
Our failure to enforce any provision of these Terms or to respond to a breach by any party does not waive our right to subsequently enforce any terms or conditions of these Terms or to respond to any breaches. Nothing contained in these Terms derogates from our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by us with respect to such use.
We do not guarantee that our Services are secure or free from bugs, viruses, or harmful code. You are responsible for configuring your information technology, computer programs, and platforms to access our Services. You should use your own virus protection software.
If any provision of these Terms is found to be invalid by a court of competent jurisdiction, that provision will be removed from these Terms without affecting the rest of these Terms, and the remaining provisions of these Terms will continue to be valid and enforceable.
These Terms may be provided in languages other than English. Unless explicitly stated otherwise, in the event of any inconsistency between versions in different languages, the English version shall prevail.
If you have any questions regarding these Terms of Service, please contact us via email at: support@www.pic-ultra.com.