Terms of Use

Terms of Use Agreement

Last updated: May 2026

By using or accessing the Picspace website (the "Website"), You agree to be bound and abide by the terms and conditions of this Terms of Use Agreement ("Agreement"). If you are entering into this Agreement on behalf of a company, organisation or another legal entity, you are agreeing to this Agreement for that entity and representing that you have the authority to bind such entity to this Agreement, in which case the term "you" will refer to such entity. If you do not agree to this Terms of Use Agreement, you should not access or use Picspace's Website.

Picspace's software, solutions and services ("Services") offered on the Website are governed by this Terms of Use Agreement as well as a separate agreement called the Self-Serve Subscription Agreement.

All information provided by you in connection with the Website and the Services shall be subject to the Picspace Privacy Policy at https://picspace.io/legal/privacy-policy.

1. Age and Eligibility

You certify that you are a person at least 13 years of age. For users located in the European Economic Area between 13 and 16 years of age, parental or guardian consent is required. The Website may only be used or accessed through an electronic device controlled by you at all times. A valid Picspace account may only be created and maintained if you provide valid information about you in the signup process, and you regularly update such information to assure its accuracy. Picspace reserves the right to terminate any account that does not include a valid email address on file.

You shall be responsible for maintaining the confidentiality of usernames and passwords associated with your account. Each user must have unique login credentials that may not be shared by multiple users. You are responsible for all activities that occur under your account.

2. Temporary Use Licence

During the term stated in your account admin panel, or if no term is stated on a one-time temporary basis, you are granted a limited, revocable, non-exclusive, non-transferable licence, without the right to sublicence, subject to the terms and conditions of this Agreement, to access and use the Website. You are not granted a licence or any other right to copy or store any of the Website (including any portion of the software or documentation) on any computer or other device.

Picspace shall own and retain all right, title and interest in and to its Website(s) and related software, all improvements, enhancements or modifications thereto, and all intellectual property rights associated with the foregoing. Except for the limited access rights expressly granted in this paragraph, You obtain no rights to the Website or Picspace's intellectual property rights by implication, estoppel or otherwise.

3. Your Content

By posting or publishing your content or comments or transmitting your data ("Content") through this Website, you give us permission to display and distribute your Content in order to provide the features, functionality and services of the Website. By posting and publishing your Content, you represent and warrant that your Content does not infringe, violate or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right.

Picspace does not allow any of the following Content, or links to such Content, to be published on the Website:

  1. Content of an illegal nature (including stolen copyrighted material).
  2. Pirated software sites, including cracking programmes or cracking programme archives.
  3. Content with the purpose of causing harm or inciting hate, or content that could be reasonably considered as slanderous or libellous.

Your posting any of the above Content on the Website will result in a notice to your current email address on file. Normally a grace period of 48 hours to take corrective actions will be given, but you risk immediate account termination if Picspace deems this necessary. A violation of this Terms of Use Agreement can lead to termination and removal of your account without notice.

Picspace shall have the right to collect and analyse data and other information relating to the provision, use and performance of various aspects of the Website and related systems. Picspace will use such data to administer, improve and develop its products and services, including the Services; and Picspace may share aggregated information and non-identifying information with third parties. You acknowledge that Picspace may also share any Content and Your information if the disclosure is necessary to comply with a valid court order or subpoena.

4. Acceptable Use

Picspace does not allow any of the following:

  1. You may not send unsolicited messages or use the Website or Services to send unsolicited messages (also known as junk mail or SPAM).
  2. Any person deemed to be using Picspace solely as a remote storage server will have their account immediately terminated and will have all files associated with their account permanently removed.
  3. You may not rent, lease, loan, or sell access to, or otherwise attempt to transfer any right in the Picspace Website (which includes its software and documentation) to a third party, through framing or any other method.
  4. You must not reverse engineer, reverse assemble, or otherwise attempt to discover any programming code used in or with the Services or Website (where reverse engineering is permitted by applicable law obtaining such information as is necessary to achieve interoperability with our services, you agree to first request such information from us).
  5. You must not modify, create derivative works based on or in any manner commercially exploit the Website or Services, in whole or in part.
  6. You must not interfere with or disrupt the Services or Website or any part thereof, or create an undue burden on the Website or the networks or services connected to the Website.
  7. You must not introduce software or automated agents or scripts into the Picspace Website in order to produce multiple accounts, generate automated searches, requests or queries, or to strip or mine content or data from the Website.
  8. You must not perform any benchmark tests or analyses relating to Picspace's Website or Services without express permission of Picspace.
  9. Except for permitted use of our API, you may not access the Website through automated methods, and any other use of robots or other computer code which calls the Website is absolutely forbidden.
  10. The network resources of Picspace may not be used to impersonate another person or misrepresent authorisation to act on behalf of others or Picspace. All messages transmitted via Picspace should correctly identify the sender; You may not alter the attribution of origin in electronic mail messages or postings.
  11. The Services may not be used as an open proxy or in any manner resembling an open proxy.
  12. You shall not attempt to undermine the security or integrity of computing systems or networks of Picspace, its partners, or any other person, and must not attempt to gain unauthorised access.
  13. The Website and its Services may only be used for lawful purposes.

The final decision of whether an account is in violation of any of these policies is at the sole discretion of Picspace. You agree that violations by you or any person or entity acting under your account of the terms of this Agreement will, in addition to any other remedies including criminal prosecution, result in termination of your access to your account and removal (taking down) of all projects. In addition, violation of these terms or any of Picspace's policies may result in tracking information being stored to identify the offending person, and permanent restriction from holding an account on the Website.

5. Picspace Etiquette

You are prohibited from using Picspace for the propagation, distribution, housing, processing, storing, or otherwise handling any material in any way which Picspace deems, in its sole discretion, to be objectionable. This also includes links or any connection to such materials. The designation of any materials as objectionable is left entirely to the sole discretion of the Picspace management. Although Picspace has no obligation to monitor your use of the Website or Services, Picspace may do so and may prohibit any use it reasonably believes may be in violation of this Agreement.

6. AI Features and Bring Your Own Key (BYOK)

The Service offers optional AI features that generate descriptive metadata (auto-tags, titles, descriptions) for photos you upload. Two configurations are available: (i) platform credits, where Picspace calls OpenAI on your behalf using its own contractual relationship with OpenAI; and (ii) Bring Your Own Key (BYOK), available on Studio and higher plans, where you store a personal OpenAI API key in your account settings and AI calls are made on your account.

6.1 Your representations regarding BYOK

By enabling BYOK, you represent and warrant that:

(a) the OpenAI API key you provide was issued to you, and you have full authority to use it through the Services; (b) you have read and accept OpenAI's Terms of Use, Usage Policies, and applicable data processing terms; and (c) the credential you supply is an OpenAI API key obtained from platform.openai.com, and not a token, session, or credential associated with any other OpenAI product (including ChatGPT subscriptions).

6.2 Cost responsibility

All charges incurred on your OpenAI account through BYOK are your sole responsibility. Picspace has no visibility into and no control over OpenAI's billing or rate limits. Picspace is not responsible for any service interruption caused by exhausted credits or revoked keys on your OpenAI account.

6.3 Acceptable use of AI features

You must not submit through any AI feature any content that is unlawful or that violates OpenAI's Usage Policies, including but not limited to child sexual abuse material, non-consensual intimate imagery, or content that infringes the rights of third parties. The Acceptable Use rules in §4 apply in full to AI feature usage.

6.4 Consent of identifiable persons

You warrant that, before enabling AI features for any photo, you have obtained any consent required from identifiable persons depicted, and that you have the authority to process such photos via OpenAI as a third-party processor. You must not enable AI features for galleries containing minors or sensitive content without appropriate consent.

6.5 No warranty as to AI output

AI-generated tags, titles, and descriptions are provided as is. They may be inaccurate, incomplete, biased, or otherwise unsuitable. You are solely responsible for reviewing AI-generated metadata before publishing or relying on it. Picspace makes no warranty as to the accuracy, fitness for purpose, or non-infringement of AI output.

6.6 Transparency / EU AI Act

Picspace marks AI-generated tags, titles, and descriptions as such in the user interface so that gallery viewers can recognise them as AI-generated content, in line with Article 50 of Regulation (EU) 2024/1689 (the EU AI Act). You agree not to remove or obscure these markers.

6.7 Intellectual property of AI output

As between you and Picspace, you own the AI-generated metadata associated with your photos, subject to OpenAI's terms (which currently grant rights in API output to the API caller). You grant Picspace a non-exclusive, royalty-free licence to host, display, and process such metadata as necessary to provide the Services.

6.8 No liability for OpenAI

Picspace is not responsible for the availability, performance, output, or actions of OpenAI. Where you have enabled BYOK, OpenAI processes your data under your direct contract with OpenAI; Picspace is not party to that relationship.

7. Third-Party Websites

The Website may contain links to third-party websites. Such linked websites are not under Picspace's control, and Picspace is not responsible for their content.

8. Warranty Disclaimer

THE WEBSITE AND ALL CONTENT, SOFTWARE AND SERVICES OFFERED THROUGH THE WEBSITE ARE MADE AVAILABLE TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND PICSPACE EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. PICSPACE DOES NOT WARRANT THAT THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES PICSPACE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE OR ITS CONTENT OR THE SERVICES.

For consumers under Austrian law, statutory warranty rights under the Konsumentenschutzgesetz (KSchG) cannot be contractually waived. Nothing in this disclaimer affects your statutory rights as a consumer under applicable Austrian or EU law.

9. Indemnity

You shall indemnify, defend and hold harmless Picspace and its officers, directors and employees, from and against all third party claims, losses, damages, costs and liabilities, including reasonable attorneys' fees, arising out of or relating to your use of the Website, your use of the Services, your Content, or any products or services offered by you to a third party, or obtained by you from a third party, via the Website.

10. Limited Liability

PICSPACE'S AGGREGATE LIABILITY FOR ALL CLAIMS, LOSSES, LIABILITIES OR DAMAGES IN CONNECTION WITH THIS AGREEMENT, YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE WEBSITE OR ANY SOFTWARE, SERVICES OR CONTENT ON THE WEBSITE, WHETHER AS A RESULT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF THE THEORY OF LIABILITY, IS LIMITED TO NO MORE THAN THE LESSER OF (A) THE TOTAL FEES PAID BY YOU IN THE THEN-CURRENT MONTH OR (B) ONE HUNDRED EURO (EUR 100).

IN ADDITION, PICSPACE WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR LOST PROFITS, CONSEQUENTIAL, INDIRECT, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES.

For consumers under Austrian law, nothing in this section excludes or limits any liability that cannot be excluded or limited under applicable Austrian or EU consumer protection law.

11. Governing Law

This Agreement shall be governed and construed in accordance with the laws of Austria without giving effect to conflict of law principles. You and Picspace agree to submit to the exclusive jurisdiction of the courts located in Vienna, Austria for the purpose of litigating all disputes. If you are a consumer in the EU, you may also bring claims before the courts of the member state in which you are habitually resident.

12. Policies

You shall use the Website only in compliance with Picspace's published policies then in effect (including Picspace's Privacy Policy found at https://picspace.io/legal/privacy-policy) and all applicable laws and regulations.

13. General

This Agreement, together with any other agreements you have with Picspace such as the Self-Serve Subscription Agreement, constitute the entire and exclusive agreement between You and Picspace regarding use of and access to the Website and Services. You may not assign or transfer this Agreement or your rights hereunder, in whole or in part, by operation of law or otherwise, without Picspace's prior written consent. Picspace may assign this Agreement at any time without notice. The failure to require performance of any provision will not affect Picspace's right to require performance at any time thereafter, nor will a waiver of any breach or default of this Agreement or any provision of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself. In the event that any part of this Agreement is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remaining parts will remain in full force and effect. Neither Picspace nor you will be in violation of the Agreement if a failure to perform any obligation (other than failure to pay) is due to an event beyond such party's control, such as significant failure of a part of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organised labour action, terrorism, or other similar events. Upon termination or expiration of this Agreement, any provision that by its nature or express terms should survive will survive such termination or expiration.

14. Consent to Electronic Communications

By using the Website or the Services, you consent to receiving certain electronic communications from Picspace and agree that any notices, agreements, disclosures, or other communications that Picspace sends to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

15. Contract Revisions

We may revise these Terms from time to time. If we do, those revised Terms will supersede prior versions. Unless we say otherwise, revisions will be effective upon the effective date indicated at the top of these Terms. We will provide you advance notice of any material revisions. This notice will be provided in your Picspace account portal or via an e-mail to the e-mail address associated with your Picspace account. For other revisions, we will update the effective date of these Terms at the top of the page. We encourage you to check the effective date of these Terms whenever you visit Picspace's website or log in to your Picspace account. Your continued access or use of the Services constitutes your acceptance of any revisions. If you do not agree to the revisions, you should stop using the Services.

16. Contact Information

The Website is offered by Picspace (operated by Matthias Grieder, sole trader), located at Kirchengasse 36/10, 1070 Vienna, Austria. You may contact us by sending correspondence to the foregoing address or by emailing us at support@picspace.io. Report misuse of the Services or Website at fraud@picspace.io.