TERMS OF SERVICE

The website and all services, information, mobile applications, software, content and materials available and accessible at piktochart.com and all subdomains (the “Site”) is owned and operated by Piktochart LLC, a Delaware limited liability company (“Piktochart”). By accessing and using the Site, you agree to be bound by the following terms of service (“TOS”).  These TOS contain important information that governs your use of the Site. Piktochart provides the Site and all Content and services available on or through the Site subject to your compliance with these TOS. Piktochart may amend these TOS from time to time by updating these TOS, and your continued use of the Site will indicate your acceptance of the revised TOS. Piktochart may terminate or suspend your Account and/or use of the Site at any time, for any reason or no reason and without prior notice, in which case these TOS shall continue in full force and effect. 

Subject to these TOS, your sole recourse for dissatisfaction with the Site, or any products, services, Content, or information available on or through the Site, is to stop using the Site. If you are unwilling or unable to be bound by the TOS, please exit the Site now.

1. DEFINITIONS

Parties. A “user” is someone who accesses or in any way uses the Site. An “authorized user” is a user who is authorized to use the Site and access a specific Account. “Piktochart,” “We,” “us,” and “our” refer to Piktochart and its affiliates and subsidiaries. “You” and “your” refer to you as a user of the Site.

Content. “Content” means, text, images, photos, audio, video and all other forms of data or communication available on the Site. “Your Content” means all Content that you submit or transmit to, through, or in connection with your use of the Site. “User Content” means Content that users submit or transmit to, through, or in connection with the Site. “Piktochart Content” means Content that We create and make available in connection with the Site. “Third Party Content” means Content that originates from all parties other than Piktochart or its users which is made available in connection with the Site. “Site Content” means all of the Content that is made available in connection with the Site, including Your Content, User Content, Piktochart Content, and Third Party Content.

Account. “Account” means the account you create to access or use the Site, as well as the Account an authorized user is authorized to access and use.

Plan. “Plan” means the available options that your Account can subscribe to. By default, all Accounts are on a Free plan. You may choose to upgrade to either of Our available paid Plans on a monthly or yearly subscription basis.

Credit. “Credit” refers to a form of digital currency that may be offered to You by Us as part of a campaign, promotion, or Plan. Credits may be used to access certain services, tools, or features within Our platform in accordance with Our applicable usage rules. Credits are non-refundable, non-transferable, have no cash or monetary value.

2. USING THE SITE

Eligibility; Limited License. To access and/or use the Site, you must  have the authority to enter into these TOS either individually or as an authorized user, employee, agent or representative of a user, and agree to be bound by these TOS. Subject to your compliance with these TOS, Piktochart grants you a non-exclusive, non-transferrable right and limited license to use the Site. Your use of the Site is at your own risk in accordance with these TOS. 

Site Availability. The Site may be modified, updated, interrupted, suspended or discontinued by Us at any time without notice. Piktochart shall have no liability to you for your inability to use or access the Site or your Account during any such periods.  

Accounts. If you create an Account, you must provide certain personal, confidential and/or proprietary information to use some of the features that are offered through the Site. You are responsible for maintaining the confidentiality of all information concerning your Account, including but not limited to your Account username and password. You are also responsible for all activities that occur in connection with your Account, even if such use is not by an authorized user. You agree to notify Us immediately of any unauthorized use of your Account. We reserve the right to close your Account at any time for any reason in our sole discretion. Your Account is for your use only, and you may not create or use an Account for anyone other than yourself. 

Features and Functionalities. We reserve the right to add, remove, modify, limit, or otherwise change any Plans’ offering, features, functionalities, and services at any time and for any reason at Our sole discretion. This includes, but not limited to, usage limits, content or project access, download or export functionalities, templates, collaboration tools, and access to new or existing features or functionalities. The availability of such features may vary depending on the Plan your Account is on, and We do not guarantee the continued availability of any Features or Functionalities across any and all Plans, including Free.

Pricing and Credits. We reserve the right to change the pricing of any of Our Plans, products, services, Credits, or other forms of digital currency, as well as their associated usage rules, validity, expiration, or availability, at any time at Our sole discretion. When required by law or deemed appropriate, We may provide You with reasonable advance notice of such changes, which may be delivered via email, in-app notifications, or other means. While We strive to deliver such notice in a timely manner, We do not guarantee the uninterrupted delivery or receipt of these communications.

Cancellations and Refunds. You may cancel Your recurring subscription at any time. Upon cancellation, You will continue to have access to the features and benefits included in Your current Plan until the end of your billing cycle. We are unable to provide refunds of any fees already paid, including but not limited to cancellations, accidental purchases, mistakes made by You, or a change of mind. Refunds may only be issued in exceptional circumstances, at Our sole discretion. If You believe You are entitled to a refund, please contact Our support team at [email protected]. All refund requests will be reviewed on a case-by-case basis, and we do not guarantee a successful refund.

3. CONTENT

Responsibility for Your Content. You alone are responsible for Your Content. You assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, or reliability, and any risks associated with personal information you disclose. You represent that you own or have the necessary authorization to use Your Content as described herein. You shall not imply that Your Content is in any way sponsored or endorsed by Piktochart or any third party, and you acknowledge that Piktochart does not sponsor or endorse any Content posted or created by you. You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, service mark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including but not limited to illegal hate speech or pornography; exploits or otherwise harms minors; violates or advocates the violation of any law or regulation; or violates these TOS.

Right to Use Your Content. By submitting Your Content to the Site, you acknowledge and agree that we may use Your Content for any purpose in our discretion, including without limitation publicly displaying it , reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it and/or licensing it to third parties, and otherwise using it for any other purpose we determine in our sole discretion. You hereby irrevocably grant Piktochart and any third party to whom we distribute and/or assign Your Content to a world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use and publicly display Your Content for any purpose .  Piktochart reserves the right to remove, screen, edit, or reinstate User Content at Piktochart’s sole discretion for any reason or no reason, and without notice to you. Our rights to use Your Content shall apply retroactively to all Content on the Site, including Content submitted to the Site prior to the effective date of the most recent update to these TOS (as such effective date shall be provided to you by written notice), and your continued use of the Site will indicate your acceptance of these TOS and the retroactive applicability of these TOS to Your Content.

Ownership. You own Your Content, subject to the “Right to Use Your Content” terms and conditions set forth in this TOS. Piktochart owns the Piktochart Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation (including, but not limited to, our selection, coordination, aggregation, and arrangement of User Content and other Site Content), computer code, products, software,  and all other elements and components of the Site excluding Your Content, User Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, trade secrets, and other intellectual and proprietary rights throughout the world associated with the Piktochart Content and the Site, which are protected by copyright, trade dress, patent, trademark, and trade secret laws and all other applicable intellectual and proprietary rights and laws. As such, you may not sell, license, copy, publish, modify, reproduce, distribute or create derivative works or adaptations of, publicly display or in any way use or exploit any of the Piktochart Content in whole or in part except as expressly authorized by Piktochart. Except as expressly provided herein, we do not grant you any express or implied rights, and all rights in and to the Site and the Piktochart Content are retained and owned solely by Piktochart.

Advertising. Piktochart and its licensees may publicly display advertisements, paid content, and other information on the Site. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.

4. INTELLECTUAL PROPERTY INFORMATION

You acknowledge that Piktochart owns all right, title and interest in and to the Site and all  Content on the Site (except as otherwise set forth in these TOS), including all intellectual property rights therein. Piktochart does not warrant or represent that your use of materials displayed on, or obtained through, the Site will not infringe the rights of third parties. You acknowledge that you have no rights in or to the Site or the Content other than the right to access and use the Site in accordance with these TOS. 

“Piktochart” and “Piktochart.com” are trademarks of Piktochart. All other trademarks on the site are trademarks or registered trademarks of their respective owners. It is illegal for you to use any trademark, service mark, logo, and/or trade name of Piktochart or any third party without express permission.

Copyright Owners’ Rights Under the Digital Millennium Copyright Act Of 1998. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the internet infringes upon their rights under US copyright law. If you believe that materials hosted by Piktochart infringe upon your copyright, you may request that the material be removed, or that access to it be blocked. If you believe that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Piktochart a counter-notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA. Notices and counter-notices for the Site should be sent to: [email protected]. We suggest that you consult your legal advisor before filing a notice or counter-notice. Please be aware that there can be substantial penalties for false claims.

5. THIRD PARTY SITES

Portions of the Site may include links to sites operated by third parties (i.e., sites not owned or operated by Piktochart). Use of third party sites is at your own risk, and  Piktochart makes no warranty of any kind in connection with your use of any third party site or any information, products, services, or materials available on or through any such third party site. Piktochart does not endorse, and shall not be liable in connection with, any information or services available on or through any third party site, or your use of any such third party site. Third party sites may have their own agreements and/or policies governing use of their sites, and any warranty that is provided, or information available on or through the Site from a third party is provided solely by such third party and not by Piktochart.

6. USER CONDUCT

You represent and warrant that your use of the Site will comply with all  state, federal, local and international laws and regulations, and that you are solely responsible for ensuring that your use of the Site is in compliance with such applicable laws and/or regulations. You agree not to restrict or inhibit any other user from using and enjoying the Site. This includes, without limitation: (a) using, or attempting to use, any Account without the owner’s permission, (b) obtaining or soliciting another person’s password or other personal information under false pretenses, or (c) impersonating another user or otherwise misrepresenting yourself to Piktochart, the Site’s systems, or other entities. Impersonation of Piktochart personnel is grounds for immediate termination of access and your Account without notice.

You further represent and warrant that you will not, and will not assist, encourage, or enable others to use the Site to:

1. Violate these TOS;
2. Violate any third party’s rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
3. Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
4. Promote a business or other commercial venture or event, or otherwise use the Site for commercial purposes;
5. Solicit personal information from minors, 
6. submit or transmit pornography;
7. Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site or Content (other than Your Content), except as expressly authorized herein or by Piktochart;
8. Use any robot, spider, or other automated device, process or means to access, retrieve, copy, scrape, or index any portion of the Site or any Content, except as expressly permitted by Piktochart;
9. Reverse engineer any portion of the Site;
10. Remove or modify any copyright, trademark, or other proprietary rights notice that appears on any portion of the Site or on any materials printed or copied from the Site;
11. Record, process, or mine information about users;
12. Reformat or frame any portion of the Site;
13. Take any action that imposes, or may impose, in Piktochart’s sole discretion, an unreasonable or disproportionately large load on the Site’s technology infrastructure or otherwise make excessive traffic demands of the Site;
14. Attempt to gain unauthorized access to the Site, Accounts, computer systems or networks connected to the Site through hacking, password mining or any other means;
15. Use the Site or any Content to transmit any computer viruses, worms, defects, Trojan horses, malicious code, spyware, malware or other items of a destructive or harmful nature;
16. Use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site;
17. Use the Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Site or Content; or
18. Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of the Content, or features that enforce limitations on the use of the Site.

You are solely responsible for determining whether Your Content and any materials you post, store, or transmit on the Site complies with the foregoing and with the rights of third parties.  Piktochart may refuse to post, or may remove at any time, any Content, information or material, in whole or in part, that Piktochart determines in its sole discretion is unacceptable, offensive, or in violation of these TOS. Piktochart will cooperate with law enforcement authorities or court orders directing Piktochart to disclose the identity of anyone posting any such Content, information or material, as needed. Piktochart without notice may immediately terminate or limit without notice any user’s use of all or portions of the Site and/or such user’s Account in the event of any conduct by such user that Piktochart, in its sole discretion, considers to be unacceptable, or in the event of any breach by such user of these TOS. 

7. PERSONAL INFORMATION

You may be asked to supply certain personal information such as your name, email address, username, password, IP address, browser, etc. (“User Information”) in order to use and access certain parts of the Site. Piktochart will treat all such User Information as described in our Privacy Policy, which is incorporated herein by reference. All User Information that you provide must be accurate, complete, and current. In connection with the foregoing, you grant Piktochart and its agents and representatives the right to store, process and retrieve such User Information in connection with your use of the Site. You are responsible for maintaining the confidentiality of all User Information, and you are responsible for all resulting liability if usernames, passwords, etc. are used by any party not authorized to use and access the Site, and you must immediately notify Piktochart of any unauthorized use of your Account. You hereby grant Piktochart the right to access, use, process, copy, distribute, perform, export, and display User Information, only as reasonably necessary (a) to provide the Site to you (including the transfer of User Information to Piktochart); (b) to prevent or address service, security, support, or technical issues; and (c) as required by law. Although we request that all third parties observe the guidelines of our Privacy Policy, we cannot be responsible for what such third parties do with the User Information that you provide. You are responsible for maintaining appropriate security, protection and backup of your User Information, hardware, software, systems, information and all other data. As you use the Site, the Site collects data pertaining to the performance of the Site and measures of the operation of the Site (the “Service Data”). Provided that the Service Data is aggregated and anonymized, and no User Information or any other personal identifying information is revealed , you agree that Piktochart may use the Service Data in any manner in Piktochart’s sole discretion. Piktochart owns all right, title, and interest in and to such Service Data.

8. INDEMNITY

You agree to indemnify, defend, and hold harmless Piktochart, its parents, subsidiaries, affiliates, shareholders, members, officers, directors, employees, agents, contractors and representatives from and against any and all claims, actions, proceedings, demands, losses, damages, costs, liabilities and expenses (including but not limited to attorneys’ fees and court costs) (“Losses”)  arising out of or relating to: (i) your use of the Site, (ii) your violation of these TOS, (iii) and the infringement by you, or any third party using your Account, of any intellectual property or other right of any person or entity. Piktochart reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Piktochart, and you agree to cooperate with Piktochart’s defense of any such claims. You agree not to settle any such matter without Piktochart’s prior written consent. Piktochart will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it, provided that Piktochart’s failure to notify you of such claims will not relieve you of your indemnification obligations under these TOS.

Piktochart shall indemnify, defend, and hold harmless user from and against any and all Losses incurred by user resulting from any third-party claim, suit, action, or proceeding that the user’s use of the Site in accordance with these TOS infringes or misappropriates such third party’s intellectual property rights, provided that the user promptly notifies Piktochart in writing of such third party claim, and provided further that Piktochart shall have no indemnification or other obligations to user under this section to the extent that the alleged infringement arises from user’s (A) use of the Site in combination with data, software, hardware, equipment, or technology not provided by Piktochart or authorized by Piktochart in writing, (B) modifications to the Site not made by Piktochart, (C) breach of these TOS, and/or (D) User Content. 

9. DISCLAIMERS AND LIMITATIONS OF LIABILITY.

By using the Site, you acknowledge the foregoing and the below disclaimers and limitations. 

1. THE SITE IS MADE AVAILABLE TO YOU ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, WITH THE EXPRESS UNDERSTANDING THAT PIKTOCHART MAY NOT MONITOR, CONTROL, OR CONFIRM THE ACCURACY OF USER CONTENT OR THIRD PARTY CONTENT. AS SUCH, YOUR USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK. PIKTOCHART MAKES NO CLAIMS OR PROMISES ABOUT THE QUALITY, COMPLETENESS, ACCURACY, OR RELIABILITY OF THE SITE, ITS SAFETY OR SECURITY, INCLUDING WITHOUT LIMITATION THE SECURITY OF YOUR CONTENT AND DATA. ACCORDINGLY, PIKTOCHART IS NOT LIABLE TO YOU FOR ANY PERSONAL INJURY, LOSS OR DAMAGE THAT MIGHT ARISE FROM THE SITE’S INOPERABILITY, SITE UNAVAILABILITY, SECURITY VULNERABILITIES ON THE SITE, OR FROM YOUR RELIANCE ON THE CONTENT FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE SITE.
2. PIKTOCHART MAKES NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE BUSINESSES OR ADVERTISERS LISTED ON THE SITE OR THAT OFFER GOODS OR SERVICES THROUGH THE SITE, OR THE SITE’S USERS. ACCORDINGLY, PIKTOCHART IS NOT LIABLE TO YOU FOR ANY PERSONAL INJURY, LOSS OR DAMAGE THAT MIGHT ARISE FROM ANY SUCH THIRD PARTY’S ACTIONS OR OMISSIONS, INCLUDINGIF ANOTHER USER MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE USERS, BUSINESSES OR ADVERTISERS LISTED OR FEATURED ON THE SITE. YOUR USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE IS AT YOUR OWN DISCRETION AND RISK.
3. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SITE.
4. PIKTOCHART’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SITE OR THESE TOS IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO PIKTOCHART IN CONNECTION WITH THE SITE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY. NOTWITHSTANDING THE FOREGOING, THE FOREGOING LIABILITY LIMITATIONS SHALL NOT APPLY TO PIKTOCHART’S LIABILITY FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
5. PIKTOCHART’S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND PIKTOCHART WILL NOT BE LIABLE TO YOU FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS OR REVENUE, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM AND/OR LOSS OF GOODWILL, (v) LOSS OR CORRUPTION OF INFORMATION, CONTENT OR DATA. THE WAIVERS AND LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.

10. USE OF ARTIFICIAL INTELLIGENCE

Piktochart and the Site may include certain features that use or leverage applications, software, products, or services provided by Piktochart or third parties that utilize artificial intelligence related technology, including large language models, algorithms and models, and machine learning related technology (collectively, “AI Features”). You are solely responsible for your use, including any use by your authorized users, of AI Features. You understand and agree that, as an integral and necessary part of Piktochart’s delivery of the Site, the information you submit to the Site, including without limitation Your Content may be transmitted to and processed by such AI Features, including third-party providers thereof. In response, the AI Features may generate suggested text, information, analyses, results, content, recommendations, and other materials (collectively, “Output”), and that, given the probabilistic nature of artificial intelligence technology, the Output may be inaccurate or inappropriate in response to the input provided. All Output is provided “as is” and with “all faults”, and Piktochart makes no representations, warranties, or covenants of any kind or nature with respect to any of the AI Features or any Output, including with respect to accuracy, completeness, truthfulness, timeliness, or suitability for any purpose. Any and all decisions made by you in reliance on any Output are made at your own risk, and Piktochart shall have no responsibility or liability arising therefrom. You are solely responsible for evaluating the accuracy, completeness, and suitability of the Output for your intended use cases, and subjecting the Output to appropriate quality control procedures, including human review and verification. You understand that other users of the Site may provide similar or identical input and may receive Output that is similar or identical to Output. Piktochart does not claim ownership of any Output.

You represent and warrant to Piktochart that Your Content does not contain any content generated or processed using any artificial intelligence or features or systems similar to the AI Features unless You have advised us of such use of artificial intelligence systems to generate Your Content.  

11. ADDITIONAL TERMS

These TOS shall be governed by the laws of the State of Delaware. Any action brought in connection with these TOS or the Site shall be brought exclusively in the state or federal courts located in the Southern District of the State of New York, and you irrevocably consent to the jurisdiction of such courts. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys’ fees. 

In the event that any provision of these TOS is held to be unenforceable, such provision shall be limited or eliminated to the minimum extent necessary to keep these TOS otherwise in full force and effect.

These TOS contain the entire agreement between you and Piktochart regarding your use of the Site, and supersede any prior agreement between you and Piktochart on such subject matter. The parties acknowledge that no reliance is placed on any representations made but not expressly contained in these TOS.

You agree that no joint venture, partnership, employment, agency, special or fiduciary relationship exists between you and Piktochart as a result of these TOS or your use of the Site. 

Nothing contained in these TOS shall be construed to limit the actions or remedies available to Piktochart with respect to any prohibited activity or conduct. Non-enforcement of any of these TOS does not constitute consent or waiver, and Piktochart reserves the right to enforce such terms at its sole discretion. No provision of these TOS may not be waived, except pursuant to a writing executed by the waiving party.