Terms of Service

These terms govern your use of our AI-powered image enhancement services. Please read them carefully before using our platform.

Last Updated: June 30, 2025

Table of Contents

• Acceptance of Terms
• Description of Service
• Plans, Subscriptions, and Usage Limits
• User Responsibilities
• Prohibited Uses
• Intellectual Property Rights
• Content Ownership and License
• Service Availability
• Disclaimers and Warranties
• Limitation of Liability
• Indemnification
• Termination
• Governing Law and Disputes
• Changes to Terms
• Contact Information

Acceptance of Terms

By accessing or using PicUpscaler's AI image enhancement services ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Service.

These Terms constitute a legally binding agreement between you ("User," "you," or "your") and PicUpscaler ("we," "us," or "our"). Your use of the Service indicates your acceptance of these Terms and our Privacy Policy, which is incorporated by reference.

Description of Service

PicUpscaler provides AI-powered image enhancement services, including but not limited to:

• Image Upscaling: Increase image resolution using artificial intelligence
• Blur Correction: Fix blurry or out-of-focus photographs
• Photo Restoration: Restore old or damaged images
• Quality Enhancement: Improve overall image quality and clarity
• Background Removal: Remove image backgrounds and generate transparent PNG outputs

The Service includes free and paid options. Free access may include daily or monthly usage limits, file size limits, supported format limits, advertising, standard processing priority, and other reasonable restrictions. Paid subscriptions provide higher usage allowances and additional capabilities as described on the Pricing page or in the checkout flow.

Plans, Subscriptions, and Usage Limits

Free Access: PicUpscaler may offer free usage for selected tools. Free access is intended for testing, occasional use, and limited workflows. Free limits can vary by tool and may include daily background removal allowances, 2x upscaling access, upload limits, and standard processing priority.

Paid Subscriptions: Paid plans provide expanded usage allowances and features. For background removal, Pro includes 150 background removals per month and Premium includes 500 background removals per month. Upscaling allowances, available scale options, and other plan features are shown on the Pricing page or checkout page at the time you subscribe.

Automatic Renewal: Paid subscriptions renew automatically at the end of each billing period unless canceled before renewal. By purchasing a subscription, you authorize us and our payment processor to charge the payment method you provide for recurring fees, applicable taxes, and any permitted adjustments disclosed at checkout.

Cancellation: You may cancel a subscription through the account, billing, or customer portal controls we provide. Cancellation stops future renewals but does not automatically refund fees already paid unless required by law or expressly stated in a separate refund policy.

Usage Allowances: Usage allowances reset according to the applicable plan cycle. Unused allowances may expire at the end of the cycle and do not necessarily roll over. We may apply technical limits, fair-use controls, or temporary throttling to protect service availability and prevent abuse.

Plan Changes: We may update plan names, limits, features, and prices from time to time. Material changes to an active paid subscription will be communicated through the Service, email, checkout, or billing interface as appropriate.

User Responsibilities

As a user of our Service, you are responsible for:

• Lawful Use: Using the Service only for lawful purposes and in accordance with these Terms
• Content Rights: Ensuring you have the legal right to upload and process any images you submit
• Image Legality: Ensuring uploaded images do not violate applicable law, privacy rights, publicity rights, intellectual property rights, or platform rules
• Accurate Information: Providing accurate information when required
• Security: Maintaining the security of your device and internet connection
• Compliance: Complying with all applicable local, state, national, and international laws and regulations
• Respect: Respecting the intellectual property rights of others

Prohibited Uses

You agree not to use the Service for any of the following prohibited activities:

• Illegal Content: Uploading images containing illegal, harmful, or inappropriate content
• Copyright or Trademark Infringement: Processing images, logos, characters, artwork, or other materials you do not own or have permission to use
• Privacy Violations: Uploading images of individuals without their consent
• Unlawful or Harmful Images: Uploading or generating content that exploits minors, promotes violence or abuse, invades privacy, impersonates others unlawfully, or otherwise violates applicable law
• Malicious Content: Attempting to upload malware, viruses, or other harmful code
• System Abuse: Attempting to overwhelm, hack, or disrupt our systems
• Commercial Misuse: Using the Service for unauthorized commercial purposes that violate our terms
• Reverse Engineering: Attempting to reverse engineer, decompile, or extract our AI algorithms
• False Information: Providing false or misleading information about yourself or your use

Intellectual Property Rights

Our IP: The Service, including all AI algorithms, software, technology, content, and materials provided by PicUpscaler, are protected by intellectual property laws. We retain all rights, title, and interest in our Service and related technology.

Limited License: We grant you a limited, non-exclusive, non-transferable license to use our Service for personal or business purposes in accordance with these Terms.

Restrictions: You may not copy, modify, distribute, sell, or lease any part of our Service or included software, nor may you reverse engineer or attempt to extract the source code of our AI models.

Content Ownership and License

Your Content: You retain full ownership of all images you upload to our Service. We do not claim any ownership rights to your original content.

Processing License: By uploading images, you grant us a temporary, limited license to process your images using our AI technology for the sole purpose of providing the enhancement service you requested.

Enhanced Images: You retain ownership of the enhanced images produced by our Service, subject to any rights held by third parties in the original images or source materials. However, the underlying AI technology and algorithms remain our intellectual property.

Content Deletion: As stated in our Privacy Policy, all uploaded images and processed results are automatically deleted from our servers within 72 hours.

Service Availability

Best Effort Service: We strive to provide reliable service but do not guarantee uninterrupted or error-free operation. The Service may be temporarily unavailable due to maintenance, updates, or technical issues.

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

Usage Limits: We may implement reasonable usage limits to ensure fair access for all users and maintain service quality.

Feature Availability: Available formats, file size limits, processing speeds, output resolution, and scale options may differ by tool, plan, account status, source file, and system capacity.

Disclaimers and Warranties

AS-IS Service: The Service is provided "as is" and "as available" without warranties of any kind, either express or implied.

No Guarantees: We do not guarantee that our AI enhancement will meet your specific expectations or produce perfect results for every image.

Technical Limitations: AI enhancement results may vary depending on the quality, format, and characteristics of the original image.

Output Review: You are responsible for reviewing output before using, publishing, printing, or distributing it. AI results may include artifacts, inaccurate details, imperfect edges, color shifts, or other quality issues, especially when source images are low quality, heavily compressed, blurred, damaged, or complex.

No Legal Advice: These Terms describe the rules for using PicUpscaler. They are not legal advice. You should consult a qualified professional if you need advice about your rights, obligations, or permitted use of specific images.

We disclaim all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

Limitation of Liability

To the maximum extent permitted by law, PicUpscaler shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of profits, data, or business opportunities
• Service interruptions or delays
• Unsatisfactory enhancement results
• Third-party actions or content
• Technical failures or security breaches

Our total liability for any claims related to the Service shall not exceed the amount you paid for the specific service (or $100 if the service was free).

Indemnification

You agree to indemnify, defend, and hold harmless PicUpscaler and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from your use of the Service, violation of these Terms, or infringement of any intellectual property or other rights of any person or entity.

Termination

Your Right to Terminate: You may stop using the Service at any time. No formal termination process is required for basic users.

Our Right to Terminate: We reserve the right to terminate or suspend your access to the Service immediately, without prior notice, for violation of these Terms or for any other reason.

Effect of Termination: Upon termination, your right to use the Service ceases immediately. Provisions that by their nature should survive termination will remain in effect.

Governing Law and Disputes

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction where PicUpscaler is registered, without regard to conflict of law principles.

Dispute Resolution: We encourage users to contact us first to resolve any disputes informally. For formal disputes, both parties agree to attempt mediation before pursuing litigation.

Jurisdiction: Any legal action arising from these Terms shall be brought in the appropriate courts of our registered jurisdiction.

Changes to Terms

We may update these Terms from time to time to reflect changes in our Service, legal requirements, or business practices. We will notify users of significant changes by:

• Posting the updated Terms on our website with a new "Last Updated" date
• Providing notice through our Service interface for material changes
• Sending email notifications for substantial modifications (if contact information is available)

Your continued use of the Service after any changes indicates your acceptance of the updated Terms.

Contact Information

If you have any questions about these Terms of Service, please contact us:

Email: support@picupscaler.com

Response Time: We aim to respond to all inquiries within 48 hours

Business Hours: Monday-Friday, 9:00 AM - 5:00 PM (EST)

For immediate technical support or service-related questions, please use our primary support email. For legal or terms-related inquiries, please use our legal contact address.