Thank you for choosing Pickit (“Pickit”, “we”, “us”, “our”). By signing up to or otherwise using the Pickit service, websites, and software applications (together, the “Pickit Service” or “Service”), or accessing any content or material that is made available through the Service (“Content”) you are entering into a binding contract with PicHit.Me AB, registration no. 556914-4156, having its registered address at Södra Kyrkogatan 3, 621 56 Visby, Sweden.
2. Changes to the agreements
2.1 Occasionally we may, in our discretion, make changes to the Agreements. When we make material changes to the Agreements, we’ll provide you with prominent notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the Service or by sending you an email. In some cases, we will notify you in advance, and your continued use of the Service after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully.
3. The Pickit service
3.1 The Pickit Service enables you to view, use, share and organize photos and other digital images (“Images”). The Service includes a general market space, the Pickit Market, where Images are made available (“Pickit Market Content”) by Service users (“Users”) and/or other content providers (“Content Providers”) subject to the license terms, described in Section 8.2 below. Pickit may also enable you to access via the Service Images that are not part of the Pickit Market (“External Content”), made available by Content Providers under separate licenses, as further described in Section 8.5 below.
3.2 Certain services or features of the Service may be provided to you free-of-charge. Other services or features of the Service require payment before you can access them. The Pickit services that may be accessed after payment are referred to as the “Paid Service” or “Paid Subscriptions”, and include our premium service offering(s) to individuals (“Pickit Pro subscriptions”) and our service offering(s) to Businesses (“Pickit for Business subscriptions”). The Pickit services that that do not require payment is referred to as the “Free Service” and is not available to Businesses. You can learn more about the Service and the various subscriptions available by visiting our website.
3.3 Codes and other pre-paid offers. If you have purchased or received a code, gift card, pre-paid offer or other offer provided or sold by or on behalf of Pickit for access to a Paid Subscription (“Code”), separate terms and conditions presented to you along with the Code may also apply to your access to the Service and you agree to comply with any such terms and conditions.
3.4 Trials. From time to time, we or others on our behalf may offer trials of Paid Subscriptions for a specified period without payment or at a reduced rate (a “Trial”). Pickit reserves the right, in its absolute discretion, to determine your eligibility for a Trial, and, subject to applicable laws, to withdraw or to modify a Trial at any time without prior notice and with no liability.
3.5 Pickit is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Service which Pickit provides may change from time to time without prior notice to you.
3.6 You are responsible for securing your access to the network necessary to use the Service. There may be additional costs for e.g. transfers of data services. These costs are not paid by us. Furthermore, you are responsible for obtaining and keeping the necessary hard- or software up to date to access and use our Service.
3.7 Pickit Business. If you have purchased any of the Pickit Business packages you enter into a Data Processing Agreement with Pickit.
4. Your Pickit account
4.1 In order to access certain features of the Service, including Paid Subscriptions, you must create and/or sign into a user account (“Pickit Account”) of your own by following the signup process described on our website. Use of another’s account is not permitted. When creating your account, you must provide accurate and complete information.
4.2 You are solely responsible for the activity that occurs in your Pickit Account. You are also responsible for maintaining the security of your account password, as well as the passwords of any Third Party Services that you may have elected to link to your account. If you register for a Pickit for Business subscription, the Pickit Account is your Business’ master account, under which you may setup a limited number of employee user accounts solely for use by Business employees, pursuant to the terms of the relevant Pickit for Business subscription. You, being the Business purchasing a Pickit for Business subscription, is fully liable for any actions and use of the Service, including but not limited to, the use and posting of any Content, by your employees under your Pickit Account and any employee user accounts connected thereto.
5. Third party services
5.1 The Services may be integrated with certain third party applications, websites, and services, such as Microsoft PowerPoint, Microsoft Word, Sway and Windows 10 (“Third Party Services”), to make available Services to you. These Third Party Services may have their own terms and conditions of use and privacy policies and your use of these Third Party Services will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that we do not endorse and are not responsible or liable for the behaviour, features, or content of any Third Party Services or for any transaction you may enter into with the provider of any such Third Party Services.
6. Rights to the service
6.2 All Pickit trademarks, service marks, trade names, logos, domain names, and any other features of the Pickit brand (“Pickit Brand Features”) are the sole property of Pickit or its licensors. The Agreements do not grant you any rights to use any Pickit Brand Features whether for commercial or non-commercial use.
7. User content
7.1 The Pickit Service allows you to post, upload and/or contribute (“post”) Images and other Content to the Service (which may include, for example, profile pictures and comments and digital photos and images uploaded by you to your private library (“User Content”). You are solely responsible for making backup copies of any User Content stored in your private library, as applicable.
7.2 You promise that, with respect to any User Content you post on the Service, (1) you have the right to post such User Content, and (2) such User Content, or its use by Pickit as contemplated by the Agreements, does not violate the Agreements, applicable law, or the intellectual property (including without limitation copyright), publicity, personality, or other rights of others.
7.3 Pickit may, but has no obligation to, monitor, review, or edit User Content. In all cases, Pickit reserves the right to remove or disable access to any User Content for any or no reason, including but not limited to, User Content that, in Pickit’s sole discretion, violates the Agreements. Pickit may take these actions without prior notification to you or any third party. Removal or disabling of access to User Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Content.
7.4 All intellectual property rights in and to any your User Content remains with you. Pickit is however granted a right to use, reproduce, store and modify such Customer Content to the extent necessary for the provision of the Service to you in accordance with the Agreements.
7.5 You are solely responsible for all User Content that you post. Pickit is not responsible for User Content nor does it endorse any opinion contained in any User Content. YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST PICKIT RELATED TO USER CONTENT THAT YOU POST, THEN, TO THE EXTENT PERMISSIBLE UNDER LOCAL LAW, YOU WILL INDEMNIFY AND HOLD PICKIT HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING OUT OF SUCH CLAIM.
7.6 In addition, if you post Images to the Pickit Market you are required to grant specific licence rights to Pickit and other Users to use such Images, pursuant to the Pickit Market Content License Agreement, which you must accept before posting an Image to the Pickit Market.
7.7 We value hearing from our Users, and are always interested in learning about ways we can improve the Service. If you choose to submit comments, ideas or feedback you agree that we are free to use them without any restriction or compensation to you.
8. Use of images
8.1 With the exception of your User Content and any Images posted by you to the Pickit Market pursuant to Section 7.6 above, all other Content on the Service is either owned or licensed by third party Content providers (“Content Provider(s)"), and is subject to copyright, trade mark rights, and other intellectual property rights of such rights holders. As a User you are granted a right – directly from the relevant Content Provider” -- to use such Content as described in this Section 8.
8.3 In the event that Pickit removes, or disables access to, any Pickit Market Content downloaded by you, due to a claim by a third party that such material is infringing any intellectual property or privacy rights of a third party (“Infringing Material”), Pickit will inform you via your Pickit Account and/or email that the Infringing Material has been removed from Pickit Market and all rights granted to you under Section 8.2 above with respect to any such Infringing Material shall be revoked, and you must immediately stop using the Infringing Material.
8.4 Pickit does its outmost to ensure that all Images on Pickit Market is legally cleared and do not infringe any third party rights. For this purpose, Pickit has set up a comprehensive content moderation process consisting of a four step process, including (i) User Guidance, (ii) Pre-moderation, (iii) Post-moderation and (iv) Reactive moderation. All four steps have human involvement but the pre- and post-moderations are augmented by machine learning interfaces. You can learn more about Pickit’s content moderation process here. Notwithstanding the aforesaid, you understand that Pickit is not the licensor of any Pickit Market Content or other Content and does not warrant or is liable in connection with your use of such Content.
8.5 External Content. If you choose to access any External Content, your use of such Content is subject to separate license terms between you and the relevant third party External Content provider, which license terms will be made available to you prior to your access of the External Content. Access to External Content may be subject to separate license fees payable by you to the External Content Provider.
8.6 Mission Content. If you subscribe to Pickit for Business and choose to source Content from a Content Provider by launching a so-called mission request (“Mission Request”), your use of any Content provided to you in response to such a Mission Request (“Mission Content”) is subject to separate license terms between you and the relevant Content Provider accepting your Mission Request, which license terms will be made available to you prior to your access of the relevant Mission Content.
9. Community guidelines
9.1 Pickit respects intellectual property rights and expects you to do the same. We’ve established a few ground rules for you to follow when using the Service, to make sure Pickit stays enjoyable for everyone. Please follow these rules and encourage other Users to do the same.
9.2 The following is not permitted for any reason whatsoever:
9.3 Please respect Pickit, the owners of the Content, and other Users of the Pickit Service. Don’t engage in any activity, post any User Content, or register and/or use a username, which is or includes material that:
- copying, redistributing, reproducing, “ripping” or making available to the public any part of the Service or the Content, or otherwise making any use of the Service or the Content, in a way which is not expressly permitted under the Agreements or applicable law;
- using the Service to import or copy any local files you do not have the legal right to import or copy in this way;
- reverse-engineering, decompiling, disassembling, modifying, or creating derivative works based on the Service or any part thereof unless permitted by applicable law;
- circumventing any technology used by Pickit, its licensors, or any third party to protect the Content or the Service;
- selling, renting, sublicensing or leasing of any part of the Service or the Content;
- artificially increasing your activity count or otherwise manipulating the Service by using a script or other automated process;
- removing or altering any copyright, trademark, or other intellectual property notices contained on or provided through the Service (including for the purpose of disguising or changing any indications of the ownership or source of any Content);
- providing your password to any other person or using any other person’s username and password;
- “crawling” the Service or otherwise using any automated means (including bots, scrapers, and spiders) to collect information from Pickit; or
- selling a user account or Image collections or otherwise accepting any compensation, financial or otherwise, to influence the holder of an account or Image collection or the content included on an account or such collection.
9.4 You acknowledge and agree that posting any such User Content may result in immediate termination or suspension of your Pickit Account. You also agree that Pickit may also reclaim your username for any reason.
- is offensive, abusive, defamatory, pornographic, threatening, or obscene;
- is illegal, or intended to promote or commit an illegal act of any kind, including but not limited to violations of intellectual property rights, privacy rights, or proprietary rights of Pickit or a third party;
- includes your password or purposely includes any other User’s password or purposely includes personal data of third parties or is intended to solicit such personal data;
- includes malicious content such as malware, Trojan horses, or viruses, or otherwise interferes with any User’s access to the Service;
- is intended to or does harass or bully other Users;
- impersonates or misrepresents your affiliation with another User, person, or entity, or is otherwise fraudulent, false, deceptive, or misleading;
- uses automated means to artificially promote Content;
- involves the transmission of unsolicited mass mailings or other forms of spam (“spam”), junk mail, chain letters, or similar, including through the Service;
- involves commercial or sales activities, such as advertising, promotions, contests, sweepstakes, or pyramid schemes, that are not expressly authorized by Pickit;
- links to, references, or otherwise promotes commercial products or services, except as expressly authorized by Pickit;
- interferes with or in any way disrupts the Service, tampers with, breaches, or attempts to probe, scan, or test for vulnerabilities in the Service or Pickit’s computer systems, network, usage rules, or any of Pickit’s security components, authentication measures or any other protection measures applicable to the Service, the Content or any part thereof; or
- conflicts with the Agreements, as determined by Pickit.
10. Infringement and reporting of content
10.1 If you believe that any Content infringes your intellectual property rights or other rights, see Pickit’s copyright policy. If Pickit is notified by a copyright holder that any Content infringes a copyright, Pickit may in its absolute discretion take actions without prior notification to the provider of that Content. If the provider believes that the content is not infringing, the provider may submit a counter-notification to Pickit with a request to restore the removed content.
10.2 If you believe that any Content does not comply with our Community Guidelines, please contact Customer Support.
11. Service limitations and modifications
11.1 Pickit will make reasonable efforts to keep the Pickit Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. Pickit reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Pickit Service, with or without notice, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the Pickit Service or any function or feature thereof. Notwithstanding the foregoing, if you have prepaid fees for any Paid Service that Pickit permanently discontinues before you have had chance to access such a Paid Service, Pickit will refund you the prepaid fees for the Paid Service after such discontinuation.
12. Customer support
12.1 We will operate and update the Service and receive and handle your inquiries relating to your use of or access to the Service, such as technical, billing and payment issues and other related issues (“Customer Support”).
12.2 Our Customer Support is available to you as a customer and User of the Service. Our goal is to ensure that you enjoy an outstanding experience while using the Service. If you encounter any technical problems, have questions regarding the Service, you can seek advice from our Q&A section or contact our Customer Support by e-mail at firstname.lastname@example.org. Customer Support does not include handling of issues relating to defects, interruptions and other failure caused in your hardware, Internet connectivity, communication or other equipment, for which you are solely liable.
13. Payments and cooling off
13.1 Pickit Pro subscriptions Pickit Pro subscriptions may be purchased by paying a monthly subscription fee. From time to time, Pickit may also offer pre-payment schemes giving you access to a Pickit Pro subscription for a specific time period (“Pre-Paid Period”). If you have purchased a Pickit Pro subscription using a Code, your Paid Subscription will automatically terminate at the end of the Pre-Paid Period.
Automatic Renewal and termination. Unless your Pickit Pro subscription has been purchased as a Pre-Paid Period, your payment to Pickit will automatically renew at the end of the subscription period, unless you cancel your Pickit Pro subscription through your subscription page before the end of the current subscription period. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the Free Service. For the avoidance of doubt, if you cancel your Pickit Pro subscription and/or terminate any of the Agreements before the end of the current subscription period, we will not refund any subscription fees already paid to us.
13.2 Pickit for Business subscriptions Any fees related to Pickit for Business subscriptions are invoiced monthly in advance. Payments shall be due thirty (30) days from the date of the invoice, and shall be made in the currency stated on our website.
Pickit for Business subscriptions are valid for the relevant subscription period as stated on our website (generally twelve 12 months). All prices are exclusive of VAT and other applicable sales, goods, service or use tax, which you must pay in addition to such prices, as applicable.
Automatic Renewal and termination. Your Pickit for Business subscription will automatically renew at the end of the subscription term, unless you cancel your Pickit for Business subscription through your subscription page no later than three (3) months before the end of the current subscription term. For the avoidance of doubt, if you cancel your Pickit for Business subscription and/or terminate any of the Agreements before the end of the current subscription period, we will not refund any subscription fees already paid to us.
All amounts owed that are not paid when due will be subject to a finance charge of one and one half percent (1.5%) per month, or the maximum rate permitted by law, whichever is less, in addition to any costs, fees or expenses incurred by us in connection with our payment reminders and collection activities.
13.3 Price changes Price changes Pickit may change the price for the Paid Subscriptions, Pre-Paid Period (for periods not yet paid for), or Codes from time to time, and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes for Paid Subscriptions will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, you accept the new price by continuing to use the Service after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by unsubscribing from the Paid Service prior to the price change going into effect. Please therefore make sure you read any such notification of price changes carefully.
14.1 Pickit may from time offer rewards (“Rewards”) to Users holding a Pickit Pro or Pickit Free subscription, who have contributed with content to or otherwise interacted with the Pickit Market community. You can read more about our reward program and how you qualify for awards on our website.
14.2 As applicable, you can view your current Rewards accounting statements on your Pickit user account dashboard. To access any Rewards, you need to have an account with Stripe or any other payment processing service provider authorized by Pickit (“Account”). Any outstanding Rewards will be credited to your designated Account upon your written request to Pickit submitted pursuant to the instructions posted on your Pickit user account dashboard, provided, however, that the balance of your Rewards accounting statement must exceed a minimum of $50.
14.3 You will be solely responsible for any bank transfer and Stripe transaction fees or other charges related to any transfer of Awards to your Account. Moreover, you shall be solely responsible for tracking and paying any taxes and governmental fees associated with or incurred in connection with any granted Awards.
15. Term and termination
15.1 The Agreements will remain in full force and effect for as long as you have access to the Service, unless terminated prior to such date in accordance with the terms hereof. Pickit may terminate the Agreements or suspend your access to the Pickit Service at any time, including in the event of your actual or suspected unauthorised use of the Pickit Service and/or Content, or non-compliance with the Agreements. You may terminate the Agreements at any time, save that any such termination by you shall not affect your obligation to continue to pay all remaining subscription fees under any Paid Subscriptions purchased by you pursuant to Section 13 above, as applicable. To terminate your Pickit account and the Agreements, please contact Customer Support. Any sections of the Agreements that, either explicitly or by their nature, must remain in effect even after termination of the Agreements, shall survive termination.
16. Warranty and disclaimer
16.1 WE ENDEAVOUR TO PROVIDE THE BEST SERVICE WE CAN, BUT YOU UNDERSTAND AND AGREE THAT THE PICKIT SERVICE AND ANY CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE THE PICKIT SERVICE AND ANY CONTENT MADE AVALABLE THROUGH THE SERVICE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PICKIT MAKES NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
17.1 YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE PICKIT SERVICE, INCLUDING ANY CONTENT MADE AVAILABLE THRIUGH IT, IS TO UNINSTALL ANY PICKIT SOFTWARE AND TO STOP USING THE PICKIT SERVICE.
17.2 TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL PICKIT, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OR INABILITY TO USE THE PICKIT SERVICE, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER PICKIT HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE PICKIT SERVICE, INCLUDING ANY CONTENT MADE AVAILABLE VIA THE SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO PICKIT DURING THE PRIOR TWELVE MONTHS IN QUESTION, TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW.
17.3 Nothing in the Agreements removes or limits Pickit’s liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence, and, if required by applicable law, gross negligence. Some aspects of this section may not apply in some jurisdictions if prohibited by applicable law.
18. Entire agreement
18.1 Other than as stated in this section or as explicitly agreed upon in writing between you and Pickit, the Agreements constitute all the terms and conditions agreed upon between you and Pickit and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral.
19. Severability and waiver
19.1 Unless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law.
19.2 Any failure by Pickit or any third party beneficiary to enforce the Agreements or any provision thereof shall not waive Pickit’s or the applicable third party beneficiary’s right to do so.
20.1 Pickit may assign the Agreements or any part of them, and Pickit may delegate any of its obligations under the Agreements. You may not assign the Agreements or any part of them, nor transfer or sub-license your rights under the Agreements, to any third party.
21.1 To the fullest extent permitted by applicable law, you agree to indemnify and hold Pickit and any third parties harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of: (1) your breach of this Agreement; (2) any User Content that you upload on the Service (including, but not limited to damages arising out of a third party claim that any User Content posted by you to the Service or the use thereof by Pickit in accordance with the Agreements infringes the intellectual property or other rights of a third party; (3) any activity in which you engage on or through the Pickit Service; and (4) your violation of any law or the rights of a third party.
If you have purchased a Pickit for Business subscription, you, being the Business that is the holder of the Pickit Account, shall be fully liable for use of the Service by your employees under your Pickit Account including any employee user accounts connected thereto, and the indemnification undertakings of this Section 21 shall equally apply to damages, losses and expenses arising out of any of your employee’s use of and activities on the Service.
22. Choice of law and dispute venue
22.1 The Agreements (and any non-contractual disputes/claims arising out of or in connection with them) shall be governed by the laws of Sweden without regard to its conflict of law provisions.
22.2 All disputes arising out of or in connection with the present Agreement shall be finally settled by the courts of Sweden with the Stockholm District court (Sw. Stockholms tingsrätt) as first instance.
23. Contact us
If you have any questions concerning the Pickit Service or the Agreements, please contact us at PicHit.Me AB, Södra Kyrkogatan 3, 621 56 Visby, Sweden our contact Customer Support.
©PicHit.Me AB 2016