1. The agreement
PicsGenics (“the Service”) is provided by PicsGenics (“we”, “us”). By creating an account or using the Service you agree to these terms and to our Privacy Policy, which explains how we handle your information. If you don’t agree, please don’t use the Service.
2. Eligibility and your account
- You must be at least 13 years old to have an account.
- Give us accurate details and keep them up to date. One person, one account.
- You are responsible for what happens under your account. Keep your password private, turn on two-step verification if you can, and tell us straight away at support@picsgenics.com if you think someone else has used it.
- We may ask you to verify your email address before you can use parts of the Service.
3. Your content
You own what you upload. Photos, videos and album details you add to the Service (“your content”) remain yours. We claim no ownership of it.
So that the Service can work, you give us a limited, worldwide, non-exclusive, royalty-free licence to store, copy, resize, transcode, display and transmit your content — only as needed to provide the Service to you and to the people you share with, to screen it under section 7, and to keep backups. This licence ends when you delete the content or your account, except for the short period it takes for deletions to reach all of our systems and backups, and except for copies that other members have already downloaded.
You promise that you have the right to upload your content and to share it with the people you share it with, including any rights needed for the people who appear in it.
4. Face features
People grouping and “Find photos of me” are optional. “Find photos of me” only runs after you expressly consent in the app, and you can withdraw that consent by deleting your face template at any time. If you use People grouping on your albums, you are responsible for uploading only photos of people you are entitled to upload. How face data is handled is set out in the Privacy Policy.
5. Sharing and other people’s albums
- Albums are private by default. When you share one, the people you invite (and anyone who opens a share link you create) can view it, and editors can add to it. You control who has access and can remove anyone at any time.
- When you are given access to someone else’s album, use it only as that person intends. Don’t download, copy or re-share their content beyond what they have allowed.
- Share links are unguessable but anyone who has one can use it until it expires (at most 7 days) or you revoke it. Share them with care.
6. What you may not do
You may not use the Service to upload, share or do any of the following:
- Sexual content involving minors, or any content that sexualises or endangers children. We report this to the authorities.
- Intimate images of a person who has not consented to their being shared.
- Content that infringes someone else’s copyright, trademark or privacy, or that you don’t have the right to share.
- Content that harasses, threatens, defames or incites violence or hatred against anyone.
- Malware, or files that pretend to be photos or videos but aren’t.
- Anything that breaks the law where you are or where we are.
- Attempts to access other people’s accounts or albums, probe or overload our systems, scrape the Service, or work around our limits and checks.
- Selling, renting or reselling the Service, or using it to build a competing product.
7. Moderation and enforcement
Uploads are automatically screened for explicit content, and anything flagged may be hidden until a member of our team reviews it. We may remove content or suspend or close an account that breaks these terms, with or without notice depending on how serious it is. Where we can, we will tell you what happened and how to respond. We may also preserve and disclose content where the law requires it.
8. Reporting content
If you see content on PicsGenics that you believe breaks these terms, or that includes you without your consent, open a support case in Account → Help & Support or email support@picsgenics.com with a link or description. We review reports promptly and act on them within 24 hours where a report is clearly founded.
9. Plans, storage and changes to the Service
- The Service has a free plan and may offer paid plans with additional features or storage. Prices, limits and included features are shown in the app when you choose a plan and may change; we will give you notice before a change affects a plan you are paying for.
- Some features (for example video uploads or People grouping) depend on your plan or on permissions we enable for your account.
- We are constantly improving PicsGenics and may add, change or withdraw features. If we withdraw a feature you rely on, we will give you reasonable notice and the chance to download your content.
10. Ending the agreement
- You can delete your account at any time in Account → Security → Delete account (see how deletion works). This permanently deletes your content and can’t be undone, so download anything you want to keep first.
- We may suspend or close your account if you breach these terms, if the law requires it, or if we discontinue the Service, in which case we will give you reasonable notice and time to download your content unless the closure is for a serious breach.
- Sections 3 (the licence while deletion completes), 11, 12 and 13 survive the end of the agreement.
11. Availability and warranties
We work hard to keep PicsGenics available and your content safe, but the Service is provided “as is”. We don’t promise it will be uninterrupted or error-free, and it is not a substitute for your own backups: keep copies of the memories that matter to you.
Nothing in these terms excludes guarantees that cannot be excluded under the Australian Consumer Law or any other law that applies to you. Where a guarantee cannot be excluded but liability can be limited, our liability is limited, at our option, to resupplying the Service or paying the cost of having it resupplied.
12. Liability
To the extent the law allows, we are not liable for indirect or consequential loss, loss of data that you have not backed up, or losses caused by things outside our reasonable control, and our total liability to you for anything arising out of the Service in any 12-month period is limited to the greater of the amount you paid us in that period and AUD 100. You agree to cover us for claims by third parties that arise from content you uploaded or from your breach of these terms.
13. Our intellectual property
The Service, its software, design and name are ours or our licensors’. These terms don’t give you any right to use them other than to use the Service. Feedback you send us may be used without obligation to you.
14. Using the apps
If you install PicsGenics from the Apple App Store or Google Play, the store’s own terms also apply to the download. Apple and Google are not parties to these terms and have no responsibility for the Service or its content; any claims about the app are between you and us. The apps show the same Service as the website, so everything above applies in them too.
15. Governing law
These terms are governed by the laws of Australia, and you and we submit to the non-exclusive jurisdiction of its courts. If you are a consumer in another country, you keep the protections of your local consumer law.
16. Changes to these terms
We may update these terms from time to time. When we do, we change the date at the top, and for material changes we will email you or show a notice in the app before they take effect. Continuing to use the Service after that means you accept the new terms.
17. Contact
Questions about these terms: support@picsgenics.com, or open a support case in Account → Help & Support.