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PicTake — Terms of Service

Effective Date: October 11, 2026

1. Acceptance of Terms

By downloading, installing, or using PicTake ("the App"), you agree to be bound by these Terms of Service. If you do not agree to these terms, do not use the App. Our collection and use of personal information is described in our Privacy Policy.

2. Eligibility

You must be at least 13 years of age to use PicTake. By using the App, you represent and warrant that you meet this age requirement. If you are under 18, you must have parental or guardian consent.

3. Description of Service

PicTake is a messaging application built around a picture and a hidden caption. You send a picture with a caption only you can see; the recipient tries to work out what you meant. They send guesses, and you answer each one with a temperature — cold, colder, warm, warmer, hot — or with Guessed, which unlocks the caption for them.

Delivery status is shown by checkmarks: one gray checkmark (sent, not yet delivered), two gray checkmarks (delivered but not viewed), two blue checkmarks (viewed), two red checkmarks (caption opened), two green checkmarks (correctly guessed).

The App also provides, depending on the version you use:

• Pictures generated by AI from a text prompt and an art style, taken with the camera, or chosen from your device gallery or your personal image library inside the App
• PicMode and Chat: every conversation starts in PicMode, where messages are pictures with hidden captions. Either person can ask to open a plain text chat; it opens when the other accepts, and either person can return to PicMode
• Voice notes and stickers
• Voice and video calls between two users, with a history of your calls
• A private Feed where you post photos with a caption, topics and, if you choose, a place; visible only to your friends in PicTake, who can like and comment
• A personal photo gallery within PicTake, and saving photos from a chat into that gallery or, with device permission, into your phone's photo library
• Finding and inviting people: address-book matching with your permission, friend requests, and search by nickname or phone number
• An invitation program: a personal invite link and code; when a friend joins through it and completes their first round, both accounts receive the bonus generations described in the App

Contact matching for the address book is performed on your device using privacy-preserving fingerprints; we do not upload your full address book. Invites are sent only when you choose to send them. Search results for people who are not your friends do not disclose their phone number or email.

4. User Accounts

To use PicTake, you must register using your phone number, and you may set a nickname and profile photo. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to provide accurate and complete information during registration. PicTake allows one active session at a time: signing in on a new device ends the previous session. Creating multiple accounts to circumvent generation limits or other restrictions is strictly prohibited and may result in permanent suspension.

If you delete your account in the App, access is deactivated immediately. We permanently delete account data after a retention period described in the Privacy Policy (currently up to 12 months), except where we must keep limited data for fraud prevention or legal compliance.

5. Acceptable Use

You agree not to use PicTake to:

• Generate, post, or send illegal, harmful, threatening, abusive, harassing, or obscene content
• Harass, stalk, spam, or harm other users, including through unwanted messages, invites, Feed comments, or calls
• Generate or share content involving minors in any inappropriate manner
• Post or send other people's private information, or content you have no right to share
• Record or redistribute another user's call, voice, or private content without their consent, where consent is required by the law that applies to you
• Bulk-message or send unsolicited invites or messages to contacts or other users
• Violate any applicable laws or regulations
• Attempt to reverse engineer, scrape, or compromise the App's security or other users' accounts
• Create multiple or fake accounts to bypass generation limits or paywalls, or to collect invitation rewards

You are responsible for the invitations and content you choose to send and for complying with applicable messaging and privacy laws. You can block any user from a conversation or from their profile; a blocked user cannot reach you. To report a violation of these Terms by another user, email pictake.app@gmail.com

6. User Content and License

You retain ownership of content you create or upload (prompts, photos, captions, guesses, feed posts, comments, and similar material), subject to third-party AI or platform rights where applicable. By using the App, you grant PicTake a non-exclusive, worldwide, royalty-free license to host, store, process, transmit, and display that content as needed to operate the App: delivering messages to their recipients, showing your posts to your friends in the Feed, generating AI images from your prompts, and providing storage such as your PicTake gallery. We do not use your content for advertising, do not sell it, and do not train AI models on it.

You are responsible for what you send and post, and for having the right to share it. Deleting a Feed post removes it for everyone who could see it; deleting an image from your personal gallery does not withdraw copies already sent into conversations.

You understand that recipients of chat images and viewers of your Feed content may save, screenshot, or further share content you send, including saving chat photos to their device gallery when the App offers that feature. PicTake cannot prevent all forms of copying outside the App.

7. AI-Generated Content

PicTake uses third-party AI services, including Replicate, to generate images based on your text prompts. You acknowledge that AI-generated content may be unpredictable, and PicTake does not guarantee the accuracy, quality, or appropriateness of generated images. You are responsible for the prompts you submit and for how you use generated images. Each successful generation consumes one generation from your free monthly allowance, your subscription, or your purchased credits.

8. Voice and Video Calls

Calls use WebRTC audio, and video when you start a video call, after you confirm the call. PicTake's servers relay call signalling; media travels between devices directly where possible, and through a relay server when a direct path is unavailable. Calls are not recorded by PicTake. Establishing a call involves microphone access, camera access for video, and network address discovery through STUN and TURN services.

Calls run over your internet connection and their quality depends on it. PicTake is not a telephone service and is not a substitute for emergency services: you cannot reach emergency numbers through the App, and you should use your phone's own dialler for them.

9. Payments, Subscriptions, and Generation Packs

Every account receives 10 free AI generations per month. Beyond that, PicTake offers consumable in-app purchases and subscription plans processed through the app store from which you downloaded the App — the Apple App Store or Google Play:

• Generation packs (one-time): 5 generations for $0.99, 30 for $3.99, 80 for $7.99
• Monthly subscriptions: Lite, 25 generations for $2.99 per month; Plus, 65 for $4.99 per month; Pro, 165 for $9.99 per month

Prices are in US dollars and may differ in other store regions. All payments are subject to the payment terms and policies of the store you use. A subscription renews automatically at the end of each period unless it is cancelled at least 24 hours before that period ends. You can manage or cancel a subscription in your app store account settings; deleting the App does not cancel it. Consumable generation packs add credits to your account balance as described in the App; unused credits have no cash value and are not redeemable for money or transferable. Refunds, billing disputes, and subscription management are handled according to the applicable store's policies. PicTake may verify purchases and update your subscription or generation balance on our servers.

10. Intellectual Property

PicTake and its original content, features, branding, and functionality are protected by international copyright and other intellectual property laws. These Terms do not transfer PicTake's intellectual property to you. Sticker artwork in the App is Twemoji by Twitter/X and contributors, used under the Creative Commons Attribution 4.0 licence.

11. Termination

We reserve the right to suspend or terminate your account at any time for violation of these Terms, for fraud or abuse, or where required by law, with or without prior notice where permitted. You can delete your own account at any time in Profile → Delete Account, with the effect described in section 4 and in our Privacy Policy.

12. Limitation of Liability

PicTake is provided "as is" without warranties of any kind. To the maximum extent permitted by law, PicTake shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including losses arising from AI output, call quality or connectivity, or third-party services.

13. Governing Law

These Terms are governed by the laws of the Commonwealth of Pennsylvania, United States.

14. Changes to Terms

We reserve the right to modify these Terms at any time and to introduce new features subject to updated Terms. Continued use of the App after changes constitutes acceptance of the revised Terms.

15. Contact

Email: pictake.app@gmail.com