Terms & Conditions
Last updated: October 21, 2024
Please read these terms and conditions carefully before using Our Service.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions
For the purposes of these Terms and Conditions:
Application means the software program provided by the Company downloaded by You on any electronic device, named Pictura.

Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) in which the Application has been downloaded.

Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

Country refers to: Switzerland.

Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Jonathan Estuardo Benavides Vallejo.
Device means any device that can access the Service such as a computer, a cellphone, tabler or headset.

Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.

Free Trial refers to a limited period of time that may be free when purchasing a Subscription.

In-app Purchase refers to the purchase of a product, item, service or Subscription made through the Application and subject to these Terms and Conditions and/or the Application Store's own terms and conditions.

Service refers to the Application.Subscriptions refer to the services or access to the Service offered on a subscription basis by the Company to You.

Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.

Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Acknowledgment
These Terms and Conditions govern your use of this Service and form the agreement between you and the Company. They outline the rights and obligations of all users regarding the Service’s use.

Your access to and use of the Service are contingent upon your acceptance of and compliance with these Terms and Conditions. They apply to all visitors, users, and others who access or use the Service.

By accessing or using the Service, you agree to be bound by these Terms and Conditions. If you disagree with any part of them, you are not permitted to access the Service.

You confirm that you are over 18 years of age. The Company does not allow individuals under 18 to use the Service.

Furthermore, your access to and use of the Service are also conditioned on your acceptance of and compliance with the Company’s Privacy Policy. Our Privacy Policy describes our policies and procedures on the collection, use, and disclosure of your personal information when you use the Application or Website. It also informs you about your privacy rights and how the law protects you. Please read our Privacy Policy carefully before using our Service.
Subscriptions
Billing
You are required to provide accurate and complete billing information, including your full name, address, state, zip code, telephone number, and valid payment details.

If automatic billing fails for any reason, the Company will send you an electronic invoice, and you will need to manually complete the payment by the specified deadline, as indicated on the invoice.

For Subscriptions made through an In-app Purchase, all billing is managed by the Application Store and is subject to the store’s own terms and conditions.

Fee Changes
The Company reserves the right to modify Subscription fees at any time. Any fee changes will take effect at the end of your current Subscription period.

You will be given reasonable prior notice of any fee changes, allowing you time to cancel your Subscription before the new fees become effective.

Continuing to use the Service after the fee change takes effect means you agree to pay the revised Subscription fee.

Refunds
Except where required by law, all Subscription fees are non-refundable.

The Company may consider certain refund requests on a case-by-case basis, at its sole discretion.

For Subscriptions purchased through In-app Purchases, the Application Store's refund policy applies. If you wish to request a refund, you must contact the Application Store directly.

Free Trial
The Company may offer a Free Trial of the Subscription at its discretion, for a limited time.

You may need to provide billing information when signing up for a Free Trial. If you do, you will not be charged until the Free Trial period expires. On the last day of the Free Trial, unless you cancel your Subscription, you will be charged the applicable Subscription fees based on the plan you selected.

The Company reserves the right to modify or cancel the Free Trial offer at any time, without notice.

In-app Purchases
The Application may offer In-app Purchases for products, services, or Subscriptions.

You can manage In-app Purchases through the Application Store's terms and conditions or your device's settings.

In-app Purchases can only be used within the Application and cannot be canceled once the download is initiated. They cannot be redeemed for cash or transferred.

If an In-app Purchase fails to download or does not function properly, the Company will investigate the issue. We will either provide a replacement or fix the problem without additional charges. If we cannot fix the issue in a reasonable time, we will authorize the Application Store to issue a refund. Alternatively, you may request a refund directly from the Application Store.

All billing and transactions for In-app Purchases are handled by the Application Store and are governed by its terms and conditions.

If you encounter payment issues with In-app Purchases, please contact the Application Store directly.
Your Feedback to Us
Links to Other Websites
Termination
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

”AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

United States Federal Government End Use Provisions
If You are a U.S. federal government end user, our Service is a "Commercial Item" as that term is defined at 48 C.F.R. §2.101.

United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
Contact Us
You may contact us using the following form