Terms of Service

1. Provider and Scope

Pictaar is operated by Tim Leimkühler, trading as Leimkühler Data Consulting, a sole proprietorship based in Germany.

These Terms apply to all users of Pictaar, including visitors, registered users, paying subscribers, creators, agencies, businesses, and consumers.

Pictaar is intended for users who are at least 18 years old. By using Pictaar, you confirm that you are at least 18 years old and legally able to enter into a binding agreement.

2. Description of the Service

Pictaar provides AI-assisted tools for YouTube thumbnail generation, thumbnail scoring, visual improvement suggestions, style-based generation, persona-based generation, and brand-based generation.

Users may upload images, brand assets, and up to three images of persons or brands in order to create reusable personas or visual styles. These assets may be used in the background when generating thumbnails based on the user’s prompt.

Pictaar may also allow users to import publicly accessible or otherwise available YouTube-related data through the YouTube Data API, where technically supported.

Pictaar does not guarantee any specific result, performance improvement, click-through rate, view count, revenue increase, ranking improvement, or success on YouTube or any other platform.

3. Accounts and Google Login

Some features of Pictaar may be used without an account. However, saving generations, using credits, managing personas, storing brand assets, and accessing account-related features may require registration.

Registration is currently available through Google OAuth. You are responsible for maintaining the security of your Google account and for all activity that occurs through your Pictaar account.

You may delete your account through the account page or by contacting Pictaar by email. Upon account deletion, stored generations, uploads, personas, and brand assets associated with your account will be deleted, subject to technical limitations such as temporary backups, legal retention obligations, or security logs where applicable.

4. Free Use and Free Credits

Pictaar may offer limited free use of the service. Users who sign in with Google may receive 50 free credits.

Free credits have no cash value, cannot be exchanged for money, cannot be transferred, and may be changed, limited, or discontinued at any time.

Pictaar may restrict, suspend, or remove free credits if there is suspected abuse, automated use, multiple-account abuse, or violation of these Terms.

5. Paid Plans and Subscriptions

Pictaar offers monthly subscription plans, including plans priced at USD 10 and USD 25 gross per month.

The USD 10 plan includes 1,000 credits per month. The USD 25 plan includes 3,000 credits per month.

All prices shown to consumers are gross prices unless expressly stated otherwise. Taxes, currency conversion fees, payment processing fees, or other charges may apply depending on your location and payment method.

Subscriptions are billed monthly through Stripe. By subscribing, you authorize Stripe and Pictaar to charge the applicable recurring fee.

Pictaar may offer custom business or enterprise agreements by separate arrangement. If a separate written agreement applies, that agreement may override these Terms where expressly stated.

6. Credits

Credits are used for thumbnail generation and other paid compute-intensive actions. Thumbnail scoring is currently free and does not consume credits.

Each generation may consume between 10 and 20 credits depending on the required processing effort. The number of credits required for a generation will be shown before the user starts the generation.

Credits renew monthly according to the user’s active subscription plan. Unused monthly credits expire at the end of the relevant billing period and do not roll over unless expressly stated otherwise.

Credits are not money, do not represent stored value, cannot be withdrawn, cannot be transferred, and cannot be exchanged for cash.

If a generation fails due to a technical error attributable to Pictaar, the corresponding credits may be refunded automatically or manually. Dissatisfaction with the creative result does not automatically qualify as a technical failure.

7. Cancellation of Subscriptions

You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period unless otherwise stated.

After cancellation, you may continue using the paid features until the end of the paid billing period. After that, your account may be downgraded to a free or limited plan.

Your account may remain active after subscription cancellation unless you separately request account deletion.

8. Refunds

Pictaar may voluntarily grant refunds on a case-by-case basis, especially where the refund request is submitted within 24 hours after purchase and fewer than five generations have been used.

Refunds may also be granted at Pictaar’s discretion or where required by applicable consumer protection law.

This voluntary refund policy does not limit any mandatory statutory rights that consumers may have under applicable law.

9. Right of Withdrawal for Consumers

If you are a consumer located in the European Union or another jurisdiction that grants mandatory withdrawal rights, you may have a statutory right to withdraw from your purchase within the applicable withdrawal period.

Because Pictaar provides digital services and digital content that may be made available immediately after purchase, you may be asked during checkout to expressly agree that Pictaar begins providing the service before the withdrawal period expires.

Where legally required, you may also be asked to acknowledge that your withdrawal right may expire or be affected once the digital service or digital content has been fully provided.

Details are provided in Pictaar’s separate Withdrawal Policy or cancellation instructions.

10. User Content

“User Content” means all content submitted, uploaded, pasted, linked, entered, or otherwise provided by you, including prompts, images, thumbnails, logos, brand assets, screenshots, YouTube URLs, persona images, and other files or data.

You retain ownership of your User Content. However, you grant Pictaar a worldwide, non-exclusive, transferable, sublicensable, royalty-free license to host, store, process, reproduce, modify, analyze, transmit, display, and use your User Content to provide, operate, secure, maintain, and improve the service.

For persona images, brand assets, and other uploaded files that are stored in your account, this license exists for as long as necessary to provide the service or until you delete the relevant content or your account, unless legal retention obligations apply.

You are solely responsible for your User Content. You represent and warrant that you have all rights, permissions, and legal authority necessary to upload, process, use, and submit the User Content to Pictaar.

You must not upload or submit content that infringes intellectual property rights, personality rights, privacy rights, trademark rights, copyright, trade secrets, contractual rights, platform rules, or applicable law.

11. Persona Images and Brand Assets

Pictaar may allow you to upload images of persons, logos, visual brand elements, and previous thumbnails to create reusable personas or brand styles.

You must only upload images of persons if you have the legal right to do so. This may include your own images, images of persons who have given consent, or images you are otherwise legally permitted to use.

Persona images and brand assets are used to provide generation results for your account. Pictaar does not use persona images for general model training unless separately disclosed and legally permitted.

You are responsible for ensuring that any use of names, faces, brands, logos, designs, or likenesses is lawful.

12. AI-Generated Outputs

“Outputs” means thumbnails, images, scores, heatmaps, recommendations, text suggestions, and other results generated or provided by Pictaar.

Subject to your compliance with these Terms and applicable law, you may use generated thumbnails commercially.

Pictaar does not guarantee that Outputs are unique, exclusive, original, copyrightable, legally protectable, free from third-party rights, suitable for trademark registration, or safe for publication.

Similar or identical Outputs may be generated for other users. Pictaar does not provide exclusivity in generated Outputs.

You are solely responsible for reviewing Outputs before using, publishing, selling, distributing, advertising, or otherwise exploiting them.

You must ensure that your use of Outputs complies with applicable laws, platform rules, advertising standards, intellectual property rights, personality rights, and third-party rights.

13. Thumbnail Scoring and Recommendations

Pictaar may provide thumbnail scores, heatmaps, attention estimates, performance-related feedback, and improvement suggestions.

These features are AI-assisted analytical tools. They are subjective estimates and do not constitute professional advice, legal advice, marketing guarantees, or performance predictions.

Pictaar does not guarantee that a high score will lead to higher click-through rates, more views, more revenue, better rankings, or improved performance.

14. YouTube URL Import and Third-Party Platforms

Pictaar may allow users to import or analyze YouTube-related data using the YouTube Data API or other lawful technical methods.

YouTube is a third-party platform and is not affiliated with, endorsed by, or controlled by Pictaar.

You are responsible for ensuring that your use of YouTube URLs, thumbnails, channel data, and related content complies with YouTube’s terms, applicable law, and third-party rights.

Pictaar may lose access to YouTube-related features if YouTube changes its API, policies, permissions, pricing, or technical availability.

15. Use of Third-Party Providers

Pictaar relies on third-party providers, including but not limited to OpenAI for AI generation and analysis, Stripe for payment processing, Google for OAuth login, YouTube Data API for YouTube-related data access, and hosting/infrastructure providers such as Strato.

By using Pictaar, you acknowledge that certain data may be processed by these third-party providers where necessary to provide the service.

Details regarding personal data processing are provided in Pictaar’s Privacy Policy.

16. Product Improvement and Quality Review

Pictaar may use prompts, generated Outputs, usage data, technical logs, error data, and aggregated or anonymized information to improve, secure, debug, and optimize the service.

Pictaar may manually review User Content and Outputs where necessary for support, abuse prevention, safety review, quality assurance, legal compliance, or troubleshooting.

Persona images and brand assets are used to provide the requested service for the user and are not used for general model training unless separately disclosed and legally permitted.

Pictaar may use generated thumbnails as public examples, marketing materials, showcase content, or product demonstrations, provided that such use is legally permissible and does not unlawfully disclose personal data or confidential information.

17. Prohibited Use

You must not use Pictaar to:

• violate any applicable law or regulation;
• infringe copyright, trademark rights, personality rights, privacy rights, or other third-party rights;
• upload or generate illegal, harmful, abusive, hateful, defamatory, sexually exploitative, violent, or otherwise unlawful content;
• impersonate another person without authorization;
• create misleading, deceptive, fraudulent, or harmful content;
• upload images of persons without having the necessary rights or consent;
• reverse engineer, scrape, crawl, copy, or extract data from Pictaar;
• automate use of the service without written permission;
• bypass rate limits, usage limits, credit systems, access controls, or security measures;
• share, sell, rent, or transfer your account;
• use multiple accounts to abuse free credits or avoid restrictions;
• interfere with the security, stability, or availability of the service.

Pictaar may block requests, suspend accounts, restrict access, remove content, block IP addresses, or terminate access if it reasonably believes that a user has violated these Terms or poses a legal, technical, security, or reputational risk.

18. Account Sharing and Automated Use

Accounts are personal to the registered user or subscribing business unless otherwise agreed.

Account sharing, resale of account access, automated generation, scraping, bot use, mass registration, and technical circumvention are not permitted without prior written permission.

Pictaar may apply technical protection measures, including IP blocking, rate limiting, account restrictions, or other abuse-prevention mechanisms.

19. Availability and Changes to the Service

Pictaar does not guarantee uninterrupted, error-free, or permanent availability of the service.

The service may be temporarily unavailable due to maintenance, updates, technical problems, capacity limits, hosting issues, third-party provider outages, security measures, or force majeure events.

Pictaar may modify, suspend, replace, or discontinue features at any time, provided this does not unfairly affect mandatory consumer rights or existing contractual obligations.

Pictaar does not provide a service level agreement unless separately agreed in writing.

20. Intellectual Property of Pictaar

Pictaar, including its software, interface, design, systems, branding, logos, workflows, prompts, documentation, scoring methods, and underlying technology, is owned by Pictaar or its licensors.

You may not copy, reproduce, modify, distribute, sell, sublicense, reverse engineer, or create derivative works based on Pictaar except as expressly permitted by these Terms.

Design assets and inspiration materials provided by Pictaar may be used within the service unless otherwise stated. They may not be resold, redistributed, or offered as standalone assets.

21. User Responsibility and Indemnity

You are responsible for your use of Pictaar, your User Content, your Outputs, and any publication or commercial use of generated content.

To the extent permitted by law, you agree to indemnify and hold Pictaar harmless from claims, damages, losses, liabilities, costs, and expenses arising from your User Content, your use of Outputs, your violation of these Terms, your infringement of third-party rights, or your unlawful use of the service.

This indemnity applies especially to claims relating to copyright, trademarks, personality rights, privacy rights, unfair competition, advertising law, platform rules, or unlawful content.

22. Limitation of Liability

Pictaar is liable without limitation for intent, gross negligence, injury to life, body, or health, and where liability cannot be limited under applicable law.

For slight negligence, Pictaar is liable only for breach of essential contractual obligations. Essential contractual obligations are obligations whose fulfillment enables proper performance of the contract and on whose compliance the user may regularly rely. In such cases, liability is limited to foreseeable, typical damages.

Pictaar is not liable for loss of profits, loss of revenue, loss of business opportunities, reputational damage, indirect damages, consequential damages, platform penalties, loss of reach, loss of views, loss of advertising revenue, or unsuccessful content performance, except where liability cannot be limited under applicable law.

Pictaar is not responsible for the legal clearance, originality, exclusivity, commercial success, platform compliance, or third-party rights clearance of User Content or Outputs.

Nothing in these Terms limits statutory consumer rights where such limitation is not permitted.

23. Suspension and Termination by Pictaar

Pictaar may suspend, restrict, or terminate access to the service if there is a reasonable basis to believe that:

• you violated these Terms;
• you used the service unlawfully or abusively;
• your account creates a security, legal, technical, or reputational risk;
• payment failed or chargebacks occurred;
• you attempted to bypass restrictions, credits, or access controls;
• you infringed third-party rights;
• you used automation, scraping, or unauthorized account sharing.

In serious cases, Pictaar may suspend access immediately. Where appropriate, Pictaar may give notice and an opportunity to remedy the violation.

24. Termination by the User

You may stop using Pictaar at any time.

You may cancel your subscription through the available account or billing interface, where provided, or by contacting support.

You may request account deletion through the account page or by email. Account deletion results in deletion of stored generations, uploads, personas, and brand assets associated with the account, subject to legal retention obligations, fraud prevention, billing records, security logs, and temporary backup systems.

25. Privacy

Pictaar processes personal data as described in its Privacy Policy.

The Privacy Policy explains how Pictaar processes account data, Google OAuth data, payment-related data, uploaded content, prompts, generated Outputs, YouTube-related data, technical logs, and data processed through third-party providers.

26. Changes to these Terms

Pictaar may update these Terms from time to time.

If changes materially affect your rights or obligations, Pictaar will provide reasonable notice, for example by email, in-app notice, or website notice.

Continued use of the service after the effective date of updated Terms means that you accept the updated Terms, unless mandatory law requires a different process.

If you do not agree to updated Terms, you must stop using the service and may cancel your subscription.

27. Governing Law and Jurisdiction

These Terms are governed by the laws of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods.

If you are a consumer, this choice of law does not deprive you of mandatory consumer protection rights that apply in your country of residence.

For users who are merchants, legal entities under public law, or special funds under public law, the place of jurisdiction is the registered place of business of the provider, to the extent legally permitted.

28. Contact

For questions about these Terms, refunds, account deletion, or legal matters, please contact:

Tim Leimkühler
trading as Leimkühler Data Consulting
Luise-Rinser-Str. 8
47506 Neukirchen-Vluyn
Germany

Email: contact@pictaar.com