Terms of Service
These Terms of Service ("Terms") form a binding agreement between you and Picley ("Picley", "we", "our") and govern your use of the Picley mobile app and the website at getpicley.com (together, the "Service"). By creating an account, joining an album, uploading photos, or otherwise using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.
Contents
1. The Service 2. Eligibility and accounts 3. Your content 4. License you grant to Picley 5. Acceptable use 6. Copyright (DMCA) 7. Service availability 8. Fees 9. Third‑party integrations 10. Termination 11. Disclaimers 12. Limitation of liability 13. Indemnification 14. Governing law, arbitration & disputes 15. App store terms (Apple & Google) 16. Changes & general terms 17. Contact1. The Service
Picley lets an event organiser create a shared photo album, invite guests via a link or codeword, collect photos uploaded by those guests, and produce an automatically curated "Story" view of the event. Picley is currently provided free of charge.
2. Eligibility and accounts
- You must be at least 13 years old to use Picley in the United States, 18 years old in India, and you must meet the locally‑applicable minimum age elsewhere (such as 16 in parts of the EU). By creating an account you confirm that you meet the minimum age in your country.
- If you are under 18, you confirm that a parent or legal guardian has reviewed and accepted these Terms on your behalf, where the law of your country requires their consent.
- You must provide accurate information when creating an account and keep your login credentials secure. You are responsible for activity on your account.
- You must not impersonate another person, create accounts using bots, or maintain more than one account for the same person.
- One person, one account.
3. Your content
"Your Content" means everything you upload or submit to the Service: photos, videos, captions, comments, codewords, album names, and any other material you provide.
- You retain all ownership rights in Your Content. We do not claim ownership of your photos.
- You represent and warrant that you have the rights necessary to upload Your Content and to grant Picley the licence in section 4 — for example, that you are the photographer, that you have the right to share the photo, and that the people in the photo have consented as required by local law.
- You will not upload content of people who you have reason to believe object to being photographed or to having their photo shared in this way.
4. License you grant to Picley
To operate the Service, we need permission to handle Your Content. You grant Picley a worldwide, non‑exclusive, royalty‑free licence to host, store, copy, transmit, transcode, resize, analyse, display, and otherwise use Your Content solely to provide and improve the Service for you and the people you share an album with. This licence ends when you or the album organiser delete the content or the album, or when your account is deleted, except for backups and audit copies that we reasonably need to retain for a limited time.
We will not use Your Content to train artificial intelligence or machine‑learning models, license it to third parties for any purpose other than providing the Service, sell it, or use it in advertising.
5. Acceptable use
You agree not to:
- Upload content that is illegal, infringes intellectual property, depicts child sexual abuse, contains non‑consensual intimate imagery, incites violence, or is otherwise harmful.
- Use the Service to harass, dox, stalk, or threaten anyone.
- Attempt to reverse engineer, decompile, scrape, or otherwise extract the source code, training data, or model weights of any part of the Service.
- Probe the Service for vulnerabilities or interfere with its operation, including by sending excessive traffic, attempting to break authentication, or exploiting bugs you discover.
- Use any automated system to access the Service in a way that exceeds normal human use.
- Remove, obscure, or alter copyright, trademark, or other proprietary notices.
- Bypass rate limits, share an album with someone the organiser has blocked, or use the Service for spam.
If you discover a security issue, please report it responsibly to [email protected] instead of exploiting it.
Reporting and blocking. If you see content in a Picley album that violates these Terms, you can report it from inside the app (open the photo, tap the three-dot menu, then Report this photo) or email [email protected]. We commit to reviewing every report within 24 hours. Reports involving apparent child sexual abuse material are escalated immediately to NCMEC and law enforcement as required by 18 U.S.C. § 2258A. You can also block any uploader from the same menu — their content will be hidden from your view across all your albums, silently and reversibly (manage from Settings → Privacy → Blocked accounts).
6. Copyright (DMCA)
If you believe content on Picley infringes your copyright, send a notice to [email protected] with: (a) your contact information, (b) a description of the copyrighted work, (c) the URL or location of the infringing material, (d) a statement under penalty of perjury that you own or are authorised to act on behalf of the owner, and (e) your physical or electronic signature. We may remove the content and, in appropriate circumstances, will terminate the accounts of users who are repeat infringers. Picley's designated copyright agent for DMCA notices can be reached at [email protected].
7. Service availability
We work to keep Picley running reliably, but we do not guarantee uninterrupted availability. We may modify, suspend, or discontinue any part of the Service at any time, with or without notice. We will give reasonable advance notice if we plan to shut down the Service entirely so that you can export your photos.
8. Fees
Picley is currently free. If we introduce paid features in the future, we will give you advance notice and the option to decline. Free use of features you signed up for under these Terms will not be retroactively converted to paid.
9. Third‑party integrations
The Service can connect to third‑party services such as Google Photos and Dropbox if you choose. When you connect such a service, the third party's terms and privacy policy also apply, and Picley is not responsible for what they do with your data once it is delivered to them at your request. You can disconnect any integration from the relevant settings at any time.
10. Termination
- You may stop using Picley at any time and delete your account from Settings → Delete my account.
- We may suspend or terminate your access immediately if you breach these Terms, if we are required to do so by law, or if your continued use poses a security or reputational risk to Picley or its users. Where reasonable, we will give notice and a chance to remedy first.
- Sections 3, 4 (final paragraph), 5, 11, 12, 13, 14, and the general terms in 16 survive termination.
11. Disclaimers
The Service is provided "as is" and "as available" without warranty of any kind. To the fullest extent permitted by law, Picley disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, non‑infringement, accuracy, and quiet enjoyment. Picley does not warrant that the Service will be uninterrupted, secure, or error‑free, or that data will not be lost.
Disputes between users. Picley is a neutral platform for sharing photos among people invited to an event. We do not control, and are not responsible for, the conduct of album members or the content they upload. Any dispute between you and another member — including over who appears in a photo, how a photo is used, or whether a photo should have been uploaded or shared — is between those users. To the fullest extent permitted by law, you release Picley and its operators from any claims, demands, damages, and liabilities arising out of or connected to such disputes or to content uploaded by other members.
12. Limitation of liability
To the fullest extent permitted by law, Picley and its operators will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or other intangible losses, arising out of or relating to your use of the Service. Picley's total aggregate liability for any claim arising out of or relating to the Service is limited to the greater of (a) the amount you paid Picley in the twelve months preceding the claim or (b) US$50.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above may not apply to you. In that case, our liability is limited to the maximum extent permitted by law.
13. Indemnification
You agree to defend, indemnify, and hold Picley harmless from claims, damages, and expenses (including reasonable attorneys' fees) arising from (a) Your Content, (b) your breach of these Terms, or (c) your violation of any law or third‑party right.
14. Governing law, arbitration & disputes
These Terms are governed by the laws of the State of California, USA, without regard to its conflict‑of‑law rules.
Talk to us first
Most issues can be resolved quickly and informally. Before starting an arbitration or lawsuit, you agree to first contact [email protected] with a short description of the dispute and your contact details, and to give us at least 60 days to try to resolve it.
Binding individual arbitration
Except for the matters carved out below, you and Picley agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by final and binding individual arbitration, and not in court. The arbitration will be administered by a recognised arbitration provider (such as the American Arbitration Association) under its consumer arbitration rules then in effect, and may be conducted by phone, by video, or on written submissions where the rules allow. Judgment on the award may be entered in any court of competent jurisdiction.
Class‑action and jury‑trial waiver
You and Picley agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims or preside over any form of class or representative proceeding. You and Picley also each waive any right to a jury trial. If this class‑action waiver is found unenforceable as to a particular claim, that claim (and only that claim) will be severed and brought in court, while all remaining claims proceed in arbitration.
Exceptions and your right to opt out
- Small claims. Either party may instead bring an individual claim in a small‑claims court that has jurisdiction.
- Injunctive relief. Either party may seek injunctive or equitable relief in court to stop infringement or misuse of intellectual property or the Service.
- 30‑day opt‑out. You may opt out of this arbitration agreement and the class‑action waiver by emailing [email protected] within 30 days of first accepting these Terms, stating your name and that you opt out of arbitration. Opting out will not affect any other part of these Terms.
If the arbitration agreement does not apply to a dispute, or you validly opt out, the exclusive venue is the state or federal courts located in San Francisco County, California, and you and Picley each consent to personal jurisdiction there.
EU / UK and other consumers
If you are a consumer in the EU, UK, or another jurisdiction whose mandatory law gives you the right to bring claims in your local courts, or that prohibits binding pre‑dispute arbitration or class‑action waivers, those mandatory rights are not affected, and the arbitration and class‑waiver provisions above do not apply to you to the extent they conflict with that mandatory law.
15. App store terms (Apple & Google)
If you obtained the Android version of Picley through Google Play, your use is also subject to the Google Play Terms of Service. Google is not a party to these Terms and is not responsible for the Android application or its content.
If you obtained the iOS version of Picley through the Apple App Store, the following additional terms apply:
- These Terms are between you and Picley only, not Apple. Picley alone is responsible for the iOS application and its content.
- Apple has no obligation to provide maintenance or support for the iOS application.
- Picley, not Apple, is responsible for any product warranty claims; Apple's only obligation is to refund the purchase price (if any) of the application upon your request.
- Picley, not Apple, is responsible for any third‑party claim that the iOS application or your possession and use of it infringes that third party's intellectual property rights.
- You represent that you are not located in a country that is subject to a US Government embargo or that has been designated by the US Government as a "terrorist supporting" country, and that you are not on any US Government list of prohibited or restricted parties.
- Apple and Apple's subsidiaries are third‑party beneficiaries of these Terms with respect to the iOS application, and Apple has the right (and is deemed to have accepted the right) to enforce these Terms against you.
16. Changes & general terms
We may update these Terms from time to time. The "Last updated" date at the top reflects the most recent change. If we make a material change, we will notify you in the app or by email at least 30 days before it takes effect. Your continued use of the Service after the change takes effect means you accept the new Terms.
General
- Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and Picley regarding the Service and supersede any prior agreements on that subject.
- Severability. If any provision is held invalid or unenforceable, it will be modified to the minimum extent necessary or severed, and the remaining provisions will stay in full force.
- No waiver. Our failure to enforce any provision is not a waiver of our right to enforce it later.
- Assignment. You may not assign or transfer these Terms without our prior consent. We may assign them in connection with a merger, acquisition, reorganisation, or sale of assets.
- Electronic communications. You consent to receive communications from us electronically (in‑app or by email), and you agree that electronic notices satisfy any legal requirement that a communication be in writing.
- Force majeure. Picley is not liable for any delay or failure caused by events beyond its reasonable control, including failures of third‑party infrastructure, natural disasters, or government action.
17. Contact
General support and legal notices:
[email protected]
Privacy:
[email protected]