Last Updated: April 27, 2025

Welcome to https://digial.pics (the “Website”), operated by Digital Ai LTD, a company registered in the Republic of Bulgaria under company number 208277909, with its registered office at Vitosha Boulevard 48, Sofia (“Digital Ai”, “we”, “us”, or “our”).

These Terms and Conditions (the “Terms” or “Agreement”) govern your access to and use of the Website, including any purchases of products or services made through it (collectively, the “Platform”). They form a binding legal agreement between you (“you”, “your”, “user” or “Customer”) and Digital Ai.

By accessing or using the Website, or by purchasing any products or services through the Platform, you agree to be bound by these Terms, along with our Privacy Policy and any other policies, terms, or conditions referenced herein or linked from the Website (collectively, the “Terms of Use”).

Please take a moment to review our Privacy Policy before using the Website, especially regarding how we collect and process your personal data. Note that Digital Ai is not responsible for the content or privacy practices of any third-party websites that may be linked to from our Website.

1. About Us

1.1. This Website is owned and operated by:

Company Name: Digital Ai LTD
Registered Address: Vitosha Boulevard 48, Sofia, 1000, Republic of Bulgaria

If you have any questions or concerns regarding these Terms or our Terms of Use, please feel free to contact us at [email protected].

2. Personal Data

2.1. Before continuing to use our Website, we encourage you to carefully review our Privacy Policy, which explains how we collect and process personal data from users. Please note that we are not responsible for the content or privacy practices of any third-party websites that may be linked to from our Website.

3. Terms and Definitions

3.1. For the purposes of these Terms of Use, the following definitions shall apply:

• “API” – Refers to the application programming interface provided by OpenAI (see details at https://openai.com/about).
• “Business Days” – Means any day (excluding Saturdays, Sundays, and public holidays) on which banks in the Republic of Bulgaria are open for business.
• “Account” – A personal user account created on our Platform, used to access and utilize its features and services.
• “AI Generation Technology” – Refers to artificial intelligence technology powered by the OpenAI API.
• “Content” – Includes all materials available on the Platform, such as text, images, animations, databases, graphics, logos, trademarks, icons, buttons, pictures, videos, sound recordings, and other media.
• “Digital Item” – A digital artwork generated through the Platform and associated Prompts.
• “Platform” – Refers collectively to our Website, the Content, and all Services provided through the Website.
• “Prompt” – A code, command, or instruction, including any supporting information, submitted by you or generated by the Platform and sent to the API in order to produce a Digital Item.
• “Personal Data” – Any information relating to an identified or identifiable natural person (also referred to as a “data subject”).
• “Privacy Policy” – Refers collectively to our Privacy Notice and Cookie Policy, as made available on the Website.
• “Service” – Has the meaning given in paragraph 5.1 of these Terms.
• “User-Generated Content” – Refers to Digital Items created by users via the Platform.
• “Your Content” – Includes your Prompts, the Digital Items generated by you through the Platform, and any comments, suggestions, or feedback you provide that relate to our Services.

4. Modifications

4.1. We reserve the right to modify, suspend, or discontinue any aspect of the Website, Services, or their content at any time, at our sole discretion and without prior notice. It is your responsibility to review these Terms periodically for any updates. When changes are made, we will update the “Last Updated” date at the top of this page to reflect the effective date.

Your continued use of the Website following any changes constitutes your acceptance of the revised Terms. If you do not agree with any part of the updated Terms or are dissatisfied with the Website for any reason, your only remedy is to stop using it.

5. Services

5.1. This Website serves as a Platform where you may purchase Digital Items available on the Website or generate them yourself using the tools provided.

5.2. All Digital Items are intended solely for your personal, non-commercial use. They carry no monetary value and may not be exchanged for cash, sold, or transferred—unless explicitly permitted. When you obtain a Digital Item, you are granted a limited license to use it; you do not gain ownership or any proprietary rights.

5.3. In the event your account is terminated, any associated Digital Items will be permanently deleted. They cannot be recovered, retrieved, or refunded under any circumstances.

5.4. Disclaimer: OUR SERVICES ARE PROVIDED EXCLUSIVELY FOR PERSONAL, NON-COMMERCIAL HOME USE. WE MAKE NO GUARANTEES, REPRESENTATIONS, OR WARRANTIES—EXPRESS OR IMPLIED—REGARDING THE RESULTS YOU MAY ACHIEVE BY USING OUR SERVICES. YOU ACKNOWLEDGE THAT ALL DECISIONS MADE BASED ON CONTENT RECEIVED THROUGH OUR SERVICES ARE YOUR OWN RESPONSIBILITY. THE COMPANY IS NOT LIABLE FOR ANY ACTIONS YOU TAKE OR AUTHORIZE OTHERS TO TAKE BASED ON YOUR USE OF THE PLATFORM.

6. Your Content

6.1. By submitting Your Content to Digital Ai, you grant us a worldwide, non-exclusive, sublicensable license to use, reproduce, print, distribute, adapt, create derivative works from, publicly perform, publicly display, sublicense, sell, advertise, and market any content you upload and that is accepted by Digital Ai—across all media now known or developed in the future.

You also authorize Digital Ai to modify, add to, or remove metadata or related information about Your Content as needed for management and licensing purposes. This license includes the right for Digital Ai to sublicense Your Content to third parties and use it in accordance with the rights granted above.

7. Eligibility Criteria

7.1. You may only use our Website and Services for lawful purposes and in full compliance with all applicable laws and regulations. Access to the Platform is restricted to individuals who are at least 18 years of age, or the legal age of majority in your jurisdiction or place of residence, whichever is greater.

7.2. By accessing or using our Website and Services, you confirm that you are legally eligible to enter into binding agreements under the applicable laws in your jurisdiction.

7.3. The Company expressly prohibits access to its Services by, and does not accept customers from, the following countries and regions:
Afghanistan, Albania, Algeria, Angola, Belarus, Bosnia and Herzegovina, Bulgaria, Burkina Faso, Burundi, Cameroon, Central African Republic, Chad, China, Croatia, Cuba, Democratic Republic of the Congo, North Korea, Ethiopia, Gabon, Guatemala, Guinea, Guinea-Bissau, Haiti, Iran, Iraq, Kenya, Kosovo, Laos, Lebanon, Liberia, Libya, Madagascar, Mali, Moldova, Monaco, Montenegro, Mozambique, Myanmar (Burma), Namibia, Nicaragua, Niger, Nigeria, Northern Cyprus, North Macedonia, Philippines, Republic of Congo, Russia, Senegal, Serbia, Sierra Leone, Somalia, South Africa, South Sudan, Sri Lanka, Sudan, Suriname, Syria, Tanzania, Tunisia, Venezuela, Vietnam, Yemen, Zimbabwe, as well as all disputed or occupied territories (including Crimea, Donetsk, Kherson, Luhansk, Zaporizhzhia, and Northern Cyprus, among others).

This list may be updated at any time to comply with changing laws, regulations, and legal obligations.

8. Your Account

8.1. A contractual relationship between you and the Company is established upon registration of an Account on our Website. Registration is free and requires you to complete a form, during which certain personal data will be collected and processed in accordance with our Privacy Policy.

8.2. In some cases, we may request additional documentation or information after registration to verify your identity, eligibility, or compliance with applicable laws and regulations. By using our Platform, you agree to provide such information accurately and promptly upon request. Failure to do so may result in suspension or termination of your Account.

8.3. The Company reserves the right to reject registration requests for legitimate and objective reasons. These may include, but are not limited to, violation of the Terms of Use, anti-fraud measures, concerns about identity verification, suspicion of spam or abuse, questions about age eligibility, fraudulent behavior, or attempts to access the Platform from restricted jurisdictions.

8.4. Each user is allowed to maintain only one Account. Any existing accounts must be deleted prior to registering a new one. Users who have been blocked or banned by the Company are strictly prohibited from creating new or duplicate accounts.

8.5. You are solely responsible for all activity that occurs under your Account. You agree not to use another person’s Account, username, or password at any time, and not to share your login credentials with third parties. You must take all reasonable steps to safeguard your Account and notify us immediately of any unauthorized use or security breach.

8.6. If we have reason to believe you have violated these Terms, or if any information you provide is found to be false, misleading, outdated, or incomplete, we reserve the right to terminate your Account and restrict access to the Platform.

8.7. We are not liable for any loss or damage resulting from unauthorized access to or use of your Account, whether caused by your actions or the actions of a third party.

8.8. We may suspend or terminate your access to the Services at any time and without prior notice if you violate these Terms, if your actions could damage or impair the Platform, infringe the rights of others (including intellectual property rights), or breach any applicable law or regulation. Termination of your Account also terminates your license to use the Services.

9. User Conduct

9.1. Your access to and use of the Services must comply with these Terms, as well as all applicable laws and regulations. You are strictly prohibited from engaging in the following activities:

• Accessing or using the Services if you are not legally competent to agree to these Terms;
• Making unauthorized copies of, or modifying, adapting, translating, reverse engineering, disassembling, decompiling, or creating derivative works based on the Services or any content, including software or Digital Items, unless expressly permitted by these Terms or applicable law;
• Distributing, licensing, transferring, or selling any part of the Services or any derivative works;
• Marketing, leasing, or renting the Services for a fee, or using them to advertise or solicit business, unless expressly permitted in writing;
• Using the Services for any unauthorized commercial, political, or promotional purposes, including unsolicited advertising or spam;
• Interfering with or attempting to disrupt the Services or Website, or bypassing any security or access controls we have in place;
• Embedding or incorporating the Services, or any part of them, into other programs or products;
• Using bots, scrapers, or other automated tools to access, collect data from, or interact with the Services;
• Impersonating any individual or entity, or falsely suggesting affiliation with the Company or the Services;
• Engaging in harassment, threats, or promoting content that is sexually explicit, violent, or discriminatory based on race, gender, religion, nationality, disability, sexual orientation, or age;
• Accessing or using another person’s account or system without proper authorization;
• Using the Services in any way that contradicts or disrupts their intended use;
• Trading, duplicating, or selling Digital Items without explicit written authorization from the Company;
• Uploading or transmitting files that contain viruses, malware, unauthorized advertising, private or personal data, intellectual property violations, defamatory content, or anything illegal, harmful, or offensive;
• Providing advice, answers, or recommendations without holding the required licenses or qualifications;
• Interfering with other users’ enjoyment of the Services or exposing the Company, its Services, or users to liability or harm.

9.2. We reserve the right to suspend or permanently disable your access to the Platform—including your Account and any Digital Items—at our sole discretion, with or without prior notice. This includes any conduct that violates these Terms or is harmful to the Platform, the Company, or other users.

10. Compliance Procedures

10.1. By using our Services, you agree to comply with these Terms and all other policies published by the Company. If you encounter any content on the Website that you believe violates these Terms, any Company policy, or applicable law, you are encouraged to report it to us at [email protected]. Your report should include the following:

• A detailed explanation of why you believe the content is illegal or in violation of our policies;
• The exact location of the content (such as specific URL(s) or other identifying information depending on the type and source of the content);
• Your full name and a valid email address;
• A statement affirming that you have a genuine and reasonable belief that the information and claims you are submitting are accurate and complete.

10.2. We reserve the right to enforce our policies using appropriate actions, including issuing warnings, removing content, restricting access, or terminating user accounts. In cases of repeated violations—or a single severe breach—we may permanently disable access to your Account and/or Services.

11. Transactions

11.1. If you choose to purchase any Digital Items through our Services, you may be required to provide specific information related to the transaction. This may include, but is not limited to, your credit card number, expiration date, billing address, and shipping details.

11.2. Unless otherwise stated, all prices listed on our Website are denominated in euros (EUR).

11.3. Prices for Account top-ups and other Services offered through our Platform may be subject to applicable taxes, duties, or government-imposed fees. You are solely responsible for any such additional costs associated with your use of the Platform.

11.4. All purchases must be made through the authorized payment methods available on the Website. By submitting payment, you confirm that you are authorized to use the selected payment method. You are responsible for providing accurate, complete, and up-to-date billing and payment information.

11.5. Please note that your chosen payment method may incur additional fees, including but not limited to foreign transaction charges, currency conversion fees, or other charges imposed by your payment provider. These fees are outside our control, and we assume no responsibility for any such charges.

11.6. The use of debit or credit cards without the cardholder’s explicit authorization is strictly prohibited. By using our Website, you confirm that you have full permission to use any payment method provided. If your payment is declined or cannot be processed, we reserve the right to cancel the associated order.

11.7. We may use third-party payment processors to facilitate Account top-ups and handle payment transactions. All such transactions are subject to the terms and conditions of the relevant third-party providers. We are not liable for any acts, errors, or omissions on the part of these third parties.

11.8. We reserve the right to refuse or cancel any purchase order at our discretion. This may occur for reasons including—but not limited to—Digital Item availability, errors in product descriptions or pricing, order inaccuracies, or other unforeseen issues.

11.9. Delivery instructions for purchased items will be sent to the email address associated with your Account. Please allow up to 14 calendar days from the date of payment confirmation for delivery. We reserve the right to cancel any orders that cannot be fulfilled; in such cases, a full refund will be issued.

12. Top-Up

12.1. To make purchases on our Website, you must first top up your account balance. The top-up feature is accessible via your Account and may also be available through other channels provided by us from time to time. Once you submit a top-up request, the transaction is processed by a third-party payment service provider.

12.2. The use of any payment methods for top-ups, as well as the processing of transactions, is governed by the terms and conditions of the respective third-party payment service provider.

12.3. You are solely responsible for ensuring that the correct top-up amount is entered. Mistaken or incorrect top-ups are non-refundable and cannot be exchanged.

13. Refunds

13.1. You may be eligible for a refund under the following circumstances:

• Technical Issues: If you experience technical problems with a purchased Digital Item that prevent access or use, please contact our support team at [email protected]. If we are unable to resolve the issue within 5 Business Days, a refund will be issued.
• Unauthorized Charges: If you notice any unauthorized charges on your account, notify us immediately. We will investigate the matter, and if the charges are confirmed as unauthorized, a refund will be processed.
• Payment Errors: In the case of overcharges or incorrect billing, contact our support team with relevant documentation. We will review the situation and may issue a refund as appropriate.
• Fraud Prevention: We reserve the right to issue refunds in instances of suspected fraud or in any situation where doing so is necessary to maintain the integrity of our Platform.

13.2. If you are a consumer residing in the European Economic Area (EEA), the United Kingdom, or Switzerland, you have a legal right to cancel your order of digital content (e.g., Digital Items) within 14 days from the date of delivery, without providing a reason.

13.3. Please note that this cancellation right is waived if, during the 14-day period, you provide prior express consent to begin downloading the content and acknowledge that you forfeit your right to cancel once the download has begun.

13.4. To exercise your right of withdrawal, you must notify us by email at [email protected].

13.5. Upon cancellation, we will refund all payments received from you without undue delay, and no later than 14 days from the date we are informed of your decision to cancel. However, depending on your payment provider, this period may be extended up to 30 days. Refunds will be processed using the same payment method used for the original transaction, unless otherwise expressly agreed. You will not be charged any fees for the reimbursement.

14. Intellectual Property Rights

14.1. Unless explicitly stated otherwise, all information, data, text, graphics, images, software, source code, metadata, audio and video files, online tools, and other content available on or through the Platform—including all Digital Items—are the exclusive property of the Company or its licensors. This content is protected by copyright laws and other applicable intellectual property regulations.

14.2. Certain names, graphics, logos, icons, designs, words, titles, or phrases displayed on the Platform may be registered or unregistered trademarks, service marks, or trade names. Their appearance on the Platform does not grant you any license or right to use them. Any unauthorized use, reproduction, modification, or distribution of these trademarks or any other protected content may violate applicable intellectual property laws and could result in legal action.

14.3. All trademarks, service marks, trade names, product names, and logos appearing on the Platform are the property of their respective owners. Reference to any products, services, processes, or other information by brand name, trademark, manufacturer, or supplier does not imply endorsement, sponsorship, or recommendation by the Company or this Website, unless explicitly stated otherwise.

15. Indemnification

15.1. You agree to defend, indemnify, and hold harmless the Company, its officers, directors, members, managers, employees, and agents from and against any and all claims, liabilities, damages, losses, demands, costs, and expenses (including reasonable attorneys’ fees) that arise from or are in any way related to:

• your use of or access to the Platform;
• your breach or alleged breach of these Terms;
• your violation of any rights of another individual or entity, including other users of the Platform.

This obligation will survive the termination of your use of the Platform.

16. Disclaimer

16.1. The Services, information, and all other content available on the Platform are provided on an “as is” and “as available” basis. The Company makes no representations or warranties of any kind—express or implied—regarding the operation of the Platform or the accuracy, completeness, or reliability of any information, content, or materials provided.

You acknowledge and agree that your use of the Platform is entirely at your own risk and discretion.

17. Limitation of Liability

17.1. To the fullest extent permitted by applicable law, the Company and its affiliates shall not be liable to you or any third party for any lost profits, or for any indirect, consequential, incidental, exemplary, special, or punitive damages arising out of or related to these Terms, your use of (or inability to use) the Platform, the Services, or any third-party advertisements—even if we have been advised of the possibility of such damages.

This includes, without limitation, damages resulting from your reliance on any information obtained from the Company, as well as damages caused by errors, omissions, interruptions, deletion of files or emails, system or transmission delays, viruses, defects, or performance failures. Such failures may result from events including, but not limited to, acts of God, communication disruptions, theft, destruction, fraud, or unauthorized access to the Company’s systems, programs, or Services.

17.2. Your use of and access to the Platform—including interaction with any third-party ads—is at your own risk and discretion. You bear sole responsibility for any damage to your device or loss of data that may result from such use.

17.3. Notwithstanding anything to the contrary herein, you agree that the Company’s total aggregate liability to you for any and all claims related to the use of the Platform, Services, content, or products shall not exceed the total amount you have paid to the Company for access to and use of the Services. The foregoing limitations of liability are essential elements of the agreement between you and the Company.

18. Governing Law and Dispute Resolution

18.1. These Terms shall be governed by and interpreted in accordance with the laws of the Republic of Bulgaria. Any disputes arising under or in connection with these Terms will be subject to the exclusive jurisdiction of the courts of the Republic of Bulgaria. However, nothing in these Terms shall limit or affect any rights you may have as a consumer under the mandatory laws of your country of residence.

18.2. If you are a resident of the European Economic Area (EEA) or Switzerland, you may use the Online Dispute Resolution (ODR) platform provided by the European Commission to resolve disputes with us. The ODR platform is available at: http://ec.europa.eu/consumers/odr.

19. Miscellaneous

19.1. Our failure to enforce any provision of these Terms shall not be construed as a waiver of that provision or any other provision, whether in the present or the future. A waiver of any part of these Terms shall not constitute a waiver of any other part.

19.2. You acknowledge that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of these Terms or your access to and use of the Platform.

19.3. These Terms, together with our Terms of Use and Privacy Policy, constitute the entire agreement between you and the Company regarding the use of the Platform and supersede all prior or contemporaneous agreements, communications, and understandings—whether oral or written—between the parties. If any provision of these Terms is deemed unenforceable by a court of competent jurisdiction, the remaining provisions shall remain valid and enforceable to the fullest extent permitted by law.

19.4. This Agreement remains in effect until either you or the Company terminates it. You may terminate it at any time by ceasing your use of the Platform. The Company may terminate this Agreement at any time, with or without cause or notice, and may restrict or revoke your access to the Platform accordingly. Termination shall not affect any rights or remedies the Company may have at law or in equity. Upon termination, you must discontinue all use of the Platform and delete or destroy any content or information you obtained through it. Any provisions of this Agreement that, by their nature, are intended to survive termination will remain in effect.

19.5. The following sections shall survive the expiration or termination of these Terms: Sections 14, 15, 16, 17, 18, and 19.

19.6. Any non-English versions of these Terms are provided for convenience only. In the event of a conflict or inconsistency, the English version shall prevail.