These terms and conditions are effective as of 15 March 2024.
PicGuide Premium offers advanced features through subscription plans, which are subject to the terms outlined below:
PicGuide reserves the right to modify subscription prices at any time. Users will be notified of price changes in advance, and any changes will only apply to subsequent billing cycles after the notification.
By clicking the “I Agree” button, downloading or using the app, these terms will automatically apply to you. Please, read them carefully! If You do not agree to the terms of this Agreement, do not click on the “I Agree” button, and do not download or use the Application.
You’re not allowed to copy, modify, decrypt, reverse compile or reverse engineer the App, any part of the App, or our trademarks in any way. You’re not allowed to attempt to extract the source code of the App, and you also should not try to translate the App into other languages or make derivative versions. The App itself, and all the trademarks, copyright, database rights and other intellectual property rights related to it, belong to Sophos Evolution Ltd; with its brand name so.evo. (“the Company”).
The Company is committed to ensuring that the App is as useful and efficient as possible. For that reason, we reserve the right to make changes to the App or to charge for its services, at any time and for any reason. We will never charge you for the App or its services without making it very clear to you exactly what you’re paying for and when.
You should be aware that there are certain things that the Company will not take responsibility for. Certain functions of the app will require the App to have an active internet connection. The connection can be Wi-Fi, or provided by your mobile network provider, but the Company cannot take responsibility for the App not working with full functionality, if you don’t have access to Wi-Fi, and you don’t have any of your data allowance left.
Changes to These Terms and Conditions
We may unilaterally amend or update our Terms and Conditions from time to time. Thus, you are advised to review this page periodically for any changes. We will notify you of any changes by posting the new Terms and Conditions on this page. These changes are effective immediately after they are posted on this page.
Contact Us
If you have any questions or suggestions about our Terms and Conditions, do not hesitate to contact us at contact@picguide.ai.
PICGUIDE END-USER LICENSE AGREEMENT (EULA)
This Agreement is effective as of 15 March 2024.
These terms and conditions legally create an agreement between You, the user, and the Company. Please read all terms and conditions and further service scope carefully.
For the purposes of this End-User License Agreement:
Agreement means Terms of Service and this End-User License Agreement that together form the entire agreement between You and the Company regarding the use of the Application.
Application or App/Apps means the software program(s) provided by the Company downloaded by You to a Device.
Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Sophos Evolution Ltd also using “so.evo.” as its brand name.
Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
Country refers to United Kingdom.
Device means any device that can access the Application such as a computer, a mobile phone or a digital tablet.
Third-Party Services means any services or content (including data, information, applications and other products services) provided by a third party that may be displayed, included or made available by the Application.
You mean the individual accessing or using the Application or the company, or other legal entity on behalf of which such individual is accessing or using the Application, as applicable.
1. TERMS OF USE
The Company is pleased to provide You, its branded mobile applications and all related documentation.
By using or accessing the Apps, you agree to all the terms set out herein.
Your use of the Apps is also subject to the Company’s Privacy Policy.
The Company may update the Apps and change the functionality at any time.
The App is licensed, not sold, to You by the Company for use strictly in accordance with the terms of this Agreement.
2. PARTIES
This Agreement is between the Company and You.
3. CONTACT INFORMATION
Company Name: Sophos Evolution Ltd
Brand name: so.evo.
Address: 27 Old Gloucester Street, WC1N 3AX London, U.K.
E-mail: contact@picguide.ai
4. GRANT OF LICENSE
The Company grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the Application strictly in accordance with the terms of this Agreement.
The license that is granted to You by the Company is solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement.
You may not distribute the Apps in any way.
You may use the App to create content (text, images, video). Created content can be used and distributed freely.,
5. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
You must not use the Apps in any way that could damage, disable, overburden, or impair the Apps.
You shall not make the App available on a network.
You cannot copy, modify, decrypt, reverse compile or reverse engineer the App, any part of the App, or our trademarks in any way and must not use them for any unauthorized purpose.
6. CONTENT POLICY
You agree not to use the App to (or attempt to) create, generate, upload, share, transmit, display, collect or distribute any content that:
is not PG-rated.
could cause harm.
is harmful to minors in any way.
promotes discrimination, racism, bigotry, harassment, hatred or harm of any kind against any group or individual.
promotes self-harm.
is invasive of anyone’s privacy.
is illegal, unlawful, defamatory, or libelous.
violates anyone’s rights, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right.
is otherwise harassing, exploitative, abusive, tortious, threatening, vulgar, obscene, pornographic, violent, false or intentionally misleading, or in promotion of any such activity.
may reasonably be found to be objectionable.
7. THIRD-PARTY PARTNERS
The App may display, include or make available third-party content (including data, information, applications and other products and services) or provide links to third-party websites or services.
You acknowledge and agree that the Company shall not be responsible for any Third-party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. The Company does not assume and shall not have any liability or responsibility to You or any other person or entity for any Third-party Services.
Third-party Services and links thereto are provided solely as a convenience to You and You access and use them entirely at your own risk and subject to such third parties’ Terms and conditions.
8. SECURITY
The App may not be 100% secure. You are responsible for securing your device.
9. REGISTRATION AND PASSWORDS
Some Apps may require you to create an account.
You are responsible for maintaining the confidentiality of your account details.
10. UNINSTALL AND REMOVAL OF THE APPS
Procedures to uninstall the Apps may vary depending on your device.
11. CONSENT TO USE OF DATA AND USER REVIEWS
We may collect and use technical data related to the Apps.
User reviews may be made public.
12. INTELLECTUAL PROPERTY RIGHTS
The Company owns all rights to the intellectual property related to the Apps and You must not infringe on the intellectual property of the Apps.
For “Free Version” and “Premium version – Standard”: You grant to the Company an irrevocable, perpetual, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, store, transfer, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your user content and the content generated by You when using the App.
“Premium version – PRO”: You grant to the Company an irrevocable, perpetual, nonexclusive, right to store the content generated by You when using the App.
13. IN-APP PURCHASE AND PAYMENT
The Apps are available on the Apple App Store and Google Play Store with certain features that may require in-app purchases or subscriptions.
You can cancel your paid subscription at any time. Payments are non-refundable, except where required by law or by rules set by Apple App Store and Google Play Store. These Terms do not override any mandatory local laws regarding your cancellation rights.
The Company may change its prices from time to time. If We increase our subscription prices, we will give you at least 30 days’ notice, and any price increase will take effect on your next renewal so that you can cancel if you do not agree to the price increase.
14. TERM AND TERMINATION
This Agreement shall remain in effect until terminated by You or the Company. The Company may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from the Company, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your Device or from your computer.
Upon termination of this Agreement, You shall cease all use of the Application and delete all copies of the Application from your Device(s).
Termination of this Agreement will not limit any of the Company’s rights or remedies at law or in equity in case of breach by You (during the term of this Agreement) of any of your obligations under the present Agreement.
15. INDEMNIFICATION
You agree to indemnify and hold the Company and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of your: (a) use of the Application; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.
16. WARRANTY DISCLAIMER
The Application is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind.
To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Application, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of a course of dealing, course of performance, usage or trade practice.
Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Application will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error-free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company’s providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Application, or the information, content, and materials or products included thereon; (ii) that the Application will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Application; or (iv) that the Application, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law. To the extent any warranty exists under law that cannot be disclaimed, the Company shall be solely responsible for such warranty.
17. LIMITATION OF LIABILITY
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You for the Application or through the Application or 100 EUR if You haven’t purchased anything through the Application.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Application, third-party software and/or third-party hardware used with the Application, or otherwise in connection with any provision of this Agreement), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You.
The Company is not liable for failure to perform due to force majeure.
18. SEVERABILITY AND WAIVER
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require the performance of an obligation under this Agreement shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
19. CHANGES TO THIS AGREEMENT
The Company reserves the right, at its sole discretion, to modify or replace this Agreement at any time.
If a revision is a material, we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at the sole discretion of the Company.
By continuing to access or use the Application after any revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, You are no longer authorized to use the Application.
20. GOVERNING LAW
The laws of the Country, excluding its conflicts of law rules, shall govern this Agreement and your use of the Application. Your use of the Application may also be subject to other local, state, national, or international laws.
21. ENTIRE AGREEMENT
The Agreement constitutes the entire agreement between You and the Company regarding your use of the Application and supersedes all prior and contemporaneous written or oral agreements between You and the Company.
22. CONTACT US
If you have any questions about this Agreement, You can contact Us:
By email: contact@picguide.ai
You may be subject to additional terms and conditions that apply when You use or purchase other Company’s services, which the Company will provide to You at the time of such use or purchase.