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Legal Information

Terms & Conditions and Privacy Policy for Candidus LLC (d/b/a PicYay)

  • Terms & Conditions
  • Privacy Policy

Terms & Conditions

Last Updated: October 18, 2025

Welcome to PicYay. These Terms and Conditions ("Terms") govern your use of the PicYay website (picyay.com) and services (collectively, the "Service"), which is owned and operated by Candidus LLC ("Company", "we", "us", or "our").

Note: By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of the terms, you may not use the Service.

1. The Service

PicYay is an AI-powered image manipulation platform. Users can upload images to perform various modifications, including but not limited to:

  • Colorize: Adding color to black and white photos.
  • Touch-up: Enhancing photo quality or removing blemishes.
  • Change: Using generative AI to alter specific elements of an image based on user text prompts (e.g., "add a hat").

You acknowledge that the Service utilizes Artificial Intelligence (AI). AI results are probabilistic and may vary. We do not guarantee that the output will be historically accurate, legally compliant, or exactly match your expectations.

2. User Accounts and Credits

  • Registration: You must create an account to use the Service. You agree to provide accurate and complete information.
  • Security: You are responsible for maintaining the confidentiality of your account credentials.
  • Credits: The Service operates on a credit system. New users may receive free introductory credits. Additional credits must be purchased. All credit purchases are final and non-refundable. Credits have no monetary value outside of the Service.

3. User Conduct & Prohibited Content

You are solely responsible for the images you upload ("User Content") and the text instructions/prompts you provide. You agree NOT to use the Service to upload, edit, or generate content that:

  • Is illegal, threatening, defamatory, obscene, or pornographic.
  • Contains Child Sexual Abuse Material (CSAM). We strictly comply with federal laws and will report any such content to the National Center for Missing & Exploited Children (NCMEC) and law enforcement.
  • Promotes hate speech, violence, discrimination, or racism.
  • Infringes on the intellectual property rights, privacy rights, or publicity rights of any third party.
  • Depicts non-consensual sexual content (e.g., "deepfakes").
  • Is designed to deceive or mislead (e.g., forging documents).

Candidus LLC reserves the right to ban any user and terminate any account, without refund, found to be in violation of these policies.

4. Intellectual Property Rights

Your Content: You retain all ownership rights to the original images you upload. However, by uploading content, you grant Candidus LLC a worldwide, non-exclusive, royalty-free license to host, store, reproduce, modify, and process your images solely for the purpose of providing the Service to you.

AI Generations: Subject to your compliance with these Terms, Candidus LLC assigns to you all rights, title, and interest in the final output images generated by the Service.

5. Indemnification (Important)

You agree to defend, indemnify, and hold harmless Candidus LLC, its officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney's fees) arising from:

  • Your use of and access to the Service;
  • Your violation of any term of these Terms;
  • Your violation of any third-party right, including without limitation any copyright, property, or privacy right; or
  • Any claim that your User Content or Prompts caused damage to a third party.

6. Disclaimers & Limitation of Liability

The Service is provided "AS IS" and "AS AVAILABLE." Candidus LLC makes no representations or warranties of any kind, express or implied, regarding the accuracy or reliability of the AI-generated content.

To the maximum extent permitted by law, Candidus LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages. In no event shall our total liability to you exceed the amount you paid specifically for the Service in the past six (6) months.

7. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Candidus LLC is registered, without regard to its conflict of law provisions.

Privacy Policy

Last Updated: October 18, 2025

Your privacy is critical to us. This policy details how Candidus LLC ("PicYay") collects, uses, and protects your data.

1. Information We Collect

  • Account Data: Email address, encrypted password, and purchase history.
  • User Content: The images you upload for processing and the resulting images generated by our AI.
  • Input Data: Text prompts and instructions you provide to the AI (e.g., "make the hat green").
  • Technical Data: IP address, browser type, device information, and cookies to manage user sessions.

2. How We Use Your Information

We use your data specifically to:

  • Provide the image processing services you request.
  • Process transactions and manage your credit balance.
  • Detect and prevent fraudulent or illegal activity (e.g., automated scanning for CSAM).
  • Improve the functionality of our website.

Note: We do not use your private, personal photos to train our public generative AI models without your explicit consent.

3. Data Storage & Security

We utilize industry-standard cloud infrastructure (Google Cloud Platform) to store your data. We implement robust security measures, including encryption at rest and in transit. However, no method of transmission over the Internet is 100% secure, and we cannot guarantee absolute security.

4. Third-Party Sharing

We do not sell your personal data. We share data only with trusted third-party service providers necessary to operate the business, including:

  • Cloud Storage: Google Cloud (for hosting images).
  • Payment Processing: [Insert Provider, e.g., Stripe/PayPal] (we do not store credit card details).
  • Analytics: Google Analytics (for website performance monitoring).

5. Data Retention & Deletion

You have full control over your data. You may delete your uploaded images and generated results from your dashboard at any time. Upon deletion, files are permanently removed from our active storage servers. We may retain account transaction history for accounting and legal purposes.

6. Children's Privacy

Our Service is not intended for anyone under the age of 13 (or 16 in certain jurisdictions). We do not knowingly collect personally identifiable information from children. If you are a parent and believe your child has provided us with Personal Data, please contact us.

7. Contact Us

If you have questions regarding these legal terms, please contact Candidus LLC at: support@candidus.net (or your specific address).

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