Terms of Service

Effective Date: 4 May 2026

These Terms of Service (“Terms”) form a legally binding agreement between you and Picmail, based in Hyderabad, India (“we,” “our,” or “us”). They govern your access to and use of the Picmail mobile application, software, and related services (collectively, the “Services”).

Please read these Terms carefully. By accessing or using the Services, you agree to be bound by them, along with our Privacy Policy. If you do not agree, you may not use the Services.

1. Eligibility

1.1 Minimum Age

You must be at least 13 years old to use the Services. For residents of the European Economic Area (EEA), you must be at least 16 years old unless your country of residence allows for a lower age of consent for digital services. By using the Services, you represent that you meet these requirements.

1.2 Legal Capacity

You must have the legal capacity to enter into a binding contract. If you are under the age of majority in your jurisdiction, you may only use the Services with the involvement of a parent or guardian who agrees to these Terms.

1.3 Compliance with Laws

You are responsible for ensuring that your use of the Services complies with all laws, rules, and regulations that apply to you, including the Digital Personal Data Protection Act, 2023 (DPDPA) if you are located in India.

2. The Services

2.1 Overview

Picmail connects to your Gmail account to generate artistic, AI-powered images based on the content of your emails. To provide this functionality, Picmail requires read-only access to your email messages.

2.2 Google API Services User Data Policy

Picmail's use and transfer to any other app of information received from Google APIs will adhere to the Google API Services User Data Policy, including the Limited Use requirements.

Specifically, regarding your Gmail data (Restricted Scope):

2.3 AI-Powered Features

The Services use artificial intelligence provided by Vertex AI (Google Cloud). These features generate outputs that represent the “spirit” of your emails. You acknowledge that AI-generated output may be unexpected and is provided for artistic and organizational purposes.

2.4 Service Changes

We may improve, enhance, or modify the Services over time. We will make reasonable efforts to provide notice of material changes, particularly those affecting how your Gmail data is processed.

3. Accounts

3.1 Account Creation

To use the Services, you must connect a valid Gmail account. You are responsible for providing accurate information and maintaining the security of your account credentials.

3.2 Responsibility for Activity

You are solely responsible for all actions taken under your account. Picmail will not be liable for any loss arising from your failure to safeguard your login credentials.

3.3 Unauthorized Use

You must immediately notify us at support@picmail.app if you suspect any unauthorized use of your account or security breach.

4. User Content

4.1 Ownership of Your Content

You retain ownership of the emails, communications, and other content (“User Content”) accessed through the Services.

4.2 License to Picmail

By using the Services, you grant Picmail a worldwide, non-exclusive, royalty-free license to host, store, transmit, and process your User Content solely for the purpose of providing and improving the Services. This processing is essential to deliver features like AI-powered image generation.

4.3 Limitations on Use

We do not use your User Content to train generalized large language models, and we do not sell your data to advertisers.

4.4 Ownership of Generated Images

You retain ownership of the AI-generated images created from your emails. Picmail grants you a perpetual, worldwide, non-exclusive, royalty-free license to use, share, and display these images for personal or commercial purposes.

5. Acceptable Use

5.1 Prohibited Conduct

You agree not to use the Services to:

5.2 Enforcement

We reserve the right to investigate violations of these Terms and take appropriate action, including suspending or terminating your account.

6. Privacy and Data Processing

6.1 Compliance Standards

We process your personal data in accordance with the General Data Protection Regulation (GDPR), India's Digital Personal Data Protection Act, 2023 (DPDPA), and the security requirements of the Cloud Application Security Assessment (CASA).

6.2 Lawful Basis

Our lawful basis for processing your data is Contract Performance (GDPR Art. 6(1)(b) / DPDPA Sec. 7(a)). We process your data to provide the specific Service you requested.

6.3 Data Processors and Transfers

We use Firebase (Google LLC) for infrastructure and Vertex AI (Google Cloud) for image generation. Transfers from the EU/EEA are governed by Standard Contractual Clauses (SCCs). For Indian user data, we rely on the contractual protections provided by our processors pending finalisation of DPDPA cross-border rules.

6.4 Data Retention and Deletion

6.5 Your Rights

You have the following rights regarding your data (subject to applicable laws like GDPR and DPDPA):

  1. Right to Access (Art. 15): Request a copy of the data we hold.
  2. Right to Rectification (Art. 16): Request correction of inaccurate data.
  3. Right to Erasure (Art. 17): Request permanent deletion of your data.
  4. Right to Restrict Processing (Art. 18): Request that we limit how we use your data.
  5. Right to Portability (Art. 20): Request your data in a structured format.
  6. Right to Object (Art. 21): Object to our processing of your data.
  7. Right to Lodge a Complaint (Art. 77): Lodge a complaint with a supervisory authority (e.g., an EU DPA or the Data Protection Board of India).

We will respond to requests within 30 days, with a possible extension of up to two additional months for complex requests.

7. Intellectual Property

7.1 Limited License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable license to access and use the Services for personal use.

7.2 Picmail's Rights

The Services, including all software, designs, and technology, are the exclusive property of Picmail and its licensors.

7.3 Feedback License

If you provide feedback or suggestions, you grant Picmail a perpetual, irrevocable, worldwide, royalty-free license to use that feedback for any purpose without obligation to you.

8. Termination

8.1 Termination by Us

We may suspend or terminate your access for material violations of these Terms or if required by law.

8.2 Termination by You

You may terminate your account at any time by using the “Delete My Data” feature in-app.

8.3 Inactivity

We reserve the right to close accounts that have been inactive for an extended period, provided we give reasonable prior notice.

8.4 Survival

Sections that by their nature should survive termination (including disclaimers, limitations of liability, and indemnification) will remain in effect.

9. Disclaimer of Warranties

9.1 As-Is Basis

The Services are provided on an “AS IS” and “AS AVAILABLE” basis, without warranties of any kind.

9.2 No Guarantee of Results

We do not warrant that the Services will be uninterrupted or error-free, or that the AI-generated results will meet your specific expectations. You acknowledge that email delivery relies on third-party systems outside our control.

10. Limitation of Liability

10.1 Exclusion of Damages

To the maximum extent permitted by law, Picmail will not be liable for any indirect, incidental, or consequential damages. This does not affect your statutory rights under applicable data protection laws (including GDPR Article 82).

10.2 Cap on Liability

Our total liability for all claims related to the Services will not exceed the greater of $100 or the amount paid by you to Picmail in the 12 months preceding the claim.

11. Indemnification

You agree to indemnify and hold harmless Picmail and its affiliates from and against any claims, damages, or expenses (including attorney's fees) arising out of your use of the Services, your User Content, or your violation of these Terms.

12. Governing Law and Jurisdiction

12.1 Governing Law

These Terms are governed by the laws of India, without regard to conflict of laws principles.

12.2 Venue

Any legal proceedings permitted under these Terms must be brought in the courts located in Hyderabad, Telangana, India, and you consent to the personal jurisdiction of those courts.

13. Miscellaneous

13.1 Assignment

You may not assign these Terms or your rights under them without our written consent. We may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.

13.2 Severability

If any provision is found to be invalid, the remaining provisions will remain in full force and effect.

13.3 Waiver

Our failure to enforce any right will not constitute a waiver of that right.

13.4 Force Majeure

Picmail will not be liable for any delay or failure caused by events beyond our reasonable control, including natural disasters, internet failures, or government actions.

14. Changes to These Terms

14.1 Right to Update

We may update these Terms from time to time. If we make material changes — particularly regarding the processing of your Gmail data — we will provide prominent notice within the application or via email prior to the changes taking effect.

14.2 Acceptance of Changes

By continuing to use the Services after changes become effective, you agree to be bound by the revised Terms. If you do not agree, you must stop using the Services.

15. Privacy Policy

For more detailed information on our data practices, please refer to our Privacy Policy, which is incorporated into these Terms by reference.

16. Contact Us

If you have questions regarding these Terms, please contact us at support@picmail.app.


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