Terms and Conditions

1. Service provider information

In compliance with Spanish Law 34/2002 on Information Society Services and Electronic Commerce (LSSI-CE), the following identification details of the Provider are disclosed:

• Color Vivo Internet S.L.
• Tax ID (CIF): ESB13340724
• Registered office: Calle Mesones 9, 13640 Herencia (Ciudad Real), Spain
• Email: [email protected]
• Corporate website: colorvivo.com

2. Purpose and scope

These Terms govern the relationship between the Provider and any person who accesses or uses the Service (hereinafter, "the User"), regardless of their geographical location. The Service is available worldwide.

Users residing in the European Union enjoy the additional guarantees granted by EU consumer protection legislation, including Directive 2011/83/EU on consumer rights and Regulation (EU) 2016/679 (GDPR). No clause in these Terms shall be interpreted in a way that limits or restricts such rights.

3. Service description

GenPic.com is a platform that uses artificial intelligence to transform photographs into artistic portraits in various pictorial styles. The Service offers the following features:

• Upload of personal photographs for artistic transformation.
• Selection from multiple artistic styles (Renaissance, Impressionism, Pop Art, etc.).
• Automated generation of artistic portraits using third-party artificial intelligence models.
• Watermarked preview of the result before purchase.
• Download of high-resolution portraits without watermark after payment.
• Delivery in multiple formats (web, wallpapers, high-quality PNG for printing).

AI generation results vary and depend on the AI model used, the photograph provided, and the style selected. The Provider does not guarantee a specific result. Example images shown in the gallery use photographs from Unsplash.com under free license.

4. User requirements

To use GenPic, the User must be at least 16 years of age, in accordance with Article 8 of Regulation (EU) 2016/679 (GDPR) and Article 7 of Spanish Organic Law 3/2018 on Personal Data Protection (LOPDGDD).

If the User is under 16 years of age, verifiable consent from a parent or legal guardian is required to use the Service. The Service does not require creating a password-protected account.

5. Permitted use

GenPic is designed for personal use. The User may use the Service to:

• Transform their own photographs or those of persons who have expressly authorized them.
• Personal use of generated portraits: printing, framing, decorating, gifting.
• Gift generated portraits to the persons depicted in the photographs or their family members.
• Share purchased portraits on social media for non-commercial use.

The User is responsible for ensuring they have the necessary rights over the photographs they upload and that the persons photographed have given their consent for the artistic transformation.

6. Prohibited uses

The following uses of GenPic are expressly prohibited:

• Uploading photographs of third parties without their express consent.
• Generating, distributing, or facilitating illegal, defamatory, libelous content or content that infringes third-party rights.
• Impersonating another person or creating misleading representations.
• Uploading photographs of minors without authorization from their parents or legal guardians.
• Uploading sexual, violent, discriminatory content or content that incites hatred.
• Using generated portraits for commercial purposes (advertising, product sales, merchandising) without a specific commercial license.
• Attempting to extract, decompile, reverse-engineer, or modify the source code, artistic prompts, or AI models of the Service.
• Using the Service in an automated manner (bots, scrapers) or attempting to overload, interfere with, or compromise its operation.

The User is solely responsible for the use they make of uploaded photographs and generated portraits, as well as any legal consequences arising therefrom.

7. Photographs and generated content

• Your photographs: You retain full ownership of the photographs you upload. The Provider does not acquire any ownership rights over them.
• Processing license: By uploading a photograph, you grant the Provider a limited, non-exclusive, and temporary license to process the image for the sole purpose of generating the requested artistic portrait. This license automatically expires upon deletion of the files.
• Generated portraits: Once purchased, you receive a perpetual, non-exclusive license for personal use (printing, sharing, framing, gifting, social media). Commercial use is not included and requires specific authorization. Generated portraits are works created using artificial intelligence from your photographs; the underlying AI models are provided by third parties under their respective terms.
• Automatic deletion: All original photographs, generated portraits, and download files are automatically and permanently deleted from our servers 14 days after generation. We cannot recover them once deleted. It is the User's responsibility to download their files within this period.
• AI refusal: The AI model may refuse to generate certain images if it considers the content inappropriate or potentially harmful. This is a safety feature built into the AI models, not a fault in the Service.
• Example gallery: Example images shown in the gallery and promotional materials use photographs from Unsplash.com under free license. Photographer credits are available on our attributions page.

8. Pricing and payments

• Viewing a watermarked portrait preview is free. Charges only apply when the User decides to download the portrait without watermark.
• All prices are listed in EUR (€) for European users and in USD ($) for users in other countries, and include applicable taxes (VAT). Current prices are always displayed before payment.
• Payments are processed securely by Stripe, Inc. The Provider never accesses, processes, or stores the User's bank card details. Stripe also handles invoicing and tax compliance.
• Download links are available for 14 days after purchase. After this period, files are permanently deleted and cannot be recovered.
• Stripe automatically issues a purchase receipt. To request an invoice with tax details, contact [email protected].

9. Right of withdrawal and refunds

In accordance with EU Directive 2011/83/EU, the right of withdrawal does not apply to the supply of digital content not supplied on a tangible medium where performance has begun with the consumer's prior express consent and acknowledgment that they lose their right of withdrawal. By making a purchase and initiating the file download, the User gives such consent.

Since the User can view the complete result (with watermark) before purchasing and make an informed purchase decision, refunds are not offered for purchased portraits. However, if the User experiences a verifiable technical issue that prevents them from receiving or downloading their files, the Provider will resolve it or issue a full refund.

To report technical issues, contact [email protected] with your purchase email and a description of the problem.

10. Intellectual property

All contents of the Service, including but not limited to source code, graphic design, user interface, logos, GenPic brand, texts, artistic style prompts, and other elements, are the property of Color Vivo Internet S.L. or their respective licensors, and are protected by applicable Spanish, European, and international intellectual property legislation.

All rights reserved. Reproduction, distribution, public communication, transformation, or any other form of exploitation of these contents is prohibited without the express written authorization of Color Vivo Internet S.L.

The photographs uploaded by the User and the portraits they acquire are for their use in accordance with the license granted. The Provider does not acquire ownership rights over the User's content beyond the temporary processing license described in section 7.

11. Personal data protection

GenPic.com processes User personal data in compliance with Regulation (EU) 2016/679 (GDPR) and Spanish Organic Law 3/2018 (LOPDGDD). Uploaded photographs are processed on secure servers and automatically deleted after 14 days. The email provided by the User is used exclusively for delivering purchased files and order-related communications.

For complete information on personal data processing, please see our Privacy Policy. For information on cookies and similar technologies, please see our Cookie Policy.

12. User responsibility

The User is solely responsible for:

• The photographs they upload to the Service and the accuracy of their content.
• Obtaining consent from the persons depicted in photographs for their artistic transformation using AI.
• The use they make of generated portraits and any legal consequences arising therefrom.
• Downloading their files within the 14-day retention period.
• Compliance with applicable legislation on personal data protection, image rights, and any other sector-specific regulations.

13. Limitation of liability

Color Vivo Internet S.L. shall not be liable for:

• The quality, accuracy, or artistic suitability of generated portraits. AI results are variable and not guaranteed.
• Direct or indirect damages arising from the use or inability to use the Service.
• Improper, illegal, or negligent use that the User or third parties may make of generated portraits.
• Files not downloaded within the 14-day retention period.
• Damages caused by viruses, malware, or other harmful elements that may affect the User's equipment.

In any case, the total cumulative liability of Color Vivo Internet S.L. to the User shall not exceed the amount actually paid by the User in the 12 months prior to the event giving rise to the claim.

This limitation shall not apply in cases of willful misconduct or gross negligence by the Provider, nor in cases where applicable law does not allow limitation of liability, including personal injury and consumer rights recognized by European Union legislation.

14. Service availability

GenPic.com is offered "as is" and "as available". The Provider strives to maintain the Service continuously available but does not guarantee uninterrupted availability. The Service may be temporarily interrupted due to maintenance operations, feature or security updates, force majeure, or decisions by third-party infrastructure providers.

If a paid generation fails due to a technical error attributable to the Provider, the Provider undertakes to reprocess it at no additional cost or, if not possible, to issue a full refund.

15. Changes to these terms

Color Vivo Internet S.L. reserves the right to modify these Terms at any time. Changes will be published on this page with the revised update date. Continued use of the Service after the publication of changes implies acceptance of the new Terms. Material modifications will be communicated with a minimum of 30 calendar days' notice via the website.

16. Dispute resolution, governing law, and jurisdiction

In the event of a dispute between the User and the Provider, both parties undertake to attempt to reach an amicable solution as a first step. The User may contact [email protected] for this purpose.

Consumers residing in the European Union may use the European Online Dispute Resolution (ODR) platform available at: https://ec.europa.eu/consumers/odr.

These Terms are governed by and construed in accordance with Spanish law. For the resolution of any disputes arising from these Terms or the use of the Service, the parties submit to the courts and tribunals of Madrid (Spain).

However, in accordance with Regulation (EU) No 1215/2012, consumers residing in the EU may bring their actions before the courts of the Member State in which they are domiciled.