Legal
Terms & Conditions of Use
This is an English translation provided for convenience; these Terms are governed by the laws of Mexico (see section 19).
Contents
- 1. Acceptance
- 2. Definitions
- 3. Description of the service
- 4. Registration and account
- 5. Plans, payments and billing
- 6. Cancellation and refunds
- 7. Your content and license
- 8. Third-party rights and depicted persons
- 9. Acceptable use
- 10. Galleries, links and end clients
- 11. Charging your clients (Stripe Connect)
- 12. AI Studio (images generated with artificial intelligence)
- 13. piclink intellectual property
- 14. Availability and changes
- 15. Warranties and liability
- 16. Suspension and termination
- 17. Privacy
- 18. Changes to the Terms
- 19. Governing law and jurisdiction
- 20. Contact
1. Acceptance
These Terms & Conditions (the "Terms") govern access to and use of the piclink platform (the "Service"), available at https://piclink.mx and in the application https://app.piclink.mx, operated by Rodrigo Ricardo Méndez Gallegos (an individual with business activity, hereinafter "piclink", "we" or the "Data Controller"), with address at Camino del Teca 580, Tlajomulco, Jalisco, México and Tax ID (RFC) MEGR920423JZ6.
By creating an account, checking the acceptance box or using the Service, you declare that you have read, understood and accepted these Terms, as well as the Privacy Notice and the Cookie Policy. If you do not agree, you must not use the Service.
To use piclink you must be of legal age (18 years old) and have the legal capacity to be bound. If you use the Service on behalf of a company, you declare that you have the authority to bind it.
2. Definitions
- User / Photographer: a person who creates an account to host, organize, deliver or publish photographs.
- Content: photographs, images, text, names, covers, logos and any material that the User uploads or generates in the Service.
- Gallery: a set of photographs that the User delivers to their clients via a link, which may be password-protected.
- Public profile: the User's portfolio page, accessible at an
address of the type
piclink.mx/@username. - End client / Visitor: a person who accesses a Gallery or public Profile shared by the User, or who pays a quote the User issued to them.
- Payments feature: the ability, included in certain plans, to charge your clients the deposit or the total of a quote through Stripe Connect (see section 11).
- Connected account: the Stripe account in the User's name, linked to piclink, where payments from their clients are received.
- AI Studio: a feature that, from a product photograph the User uploads, generates new images of that product using third-party artificial intelligence models (see section 12).
- Generated photos: the images produced by the AI Studio. They are part of your Content.
- Photo pack: a one-time purchase that adds a number of photos to your account to generate in the AI Studio.
3. Description of the service
piclink is an online platform (software as a service) that allows photographers to store photographs, create professional galleries, deliver them to their clients via a link, build a public profile/portfolio and share their work. The Service may include, among other features, image upload and processing, galleries with download, password protection, viewing metrics, notifications, tools to manage clients and quotes, the AI Studio described in section 12 and, in certain plans, the Payments feature described in section 11.
The Service is provided "as is" and may evolve: we may add, modify or remove features at any time.
4. Registration and account
To use most features you must create an account providing truthful information and keep it up to date. You are responsible for:
- The confidentiality of your access credentials.
- All activity that occurs under your account.
- Notifying us immediately of any unauthorized use at hola@piclink.mx.
Registration may be done with email and password or through third parties such as Google. Authentication is managed with trusted identity providers.
5. Plans, payments and billing
piclink offers a free plan and paid plans with different limits and features (for example, storage, number of galleries or advanced capabilities). The free plan does not require a card. The features included in each plan may change as described in section 14.
- Subscriptions: paid plans are contracted for monthly or annual periods and renew automatically at the end of each period, unless you cancel before the renewal date.
- Payment processor: charges made on the web, whether subscriptions or photo packs, are processed through Stripe. piclink does not store your full card data; it is processed directly by the processor in accordance with its own policies. Subscriptions purchased inside the mobile app are charged by the app store (see section 5.1).
- Prices and taxes: prices are shown in the indicated currency and may be subject to applicable taxes. We may update prices; changes will apply from the next renewal period.
- Promotions: promotional codes (such as the "Founder" program) are subject to their own conditions, availability and validity.
- Business plans: Agency or custom plans are contracted directly with sales at ventas@piclink.mx.
- AI Studio photo packs: in addition to the photos included in your plan, you can buy photo packs with a one-time payment, with no subscription and no automatic renewal. The price and the number of photos in each pack are shown before you pay. Their conditions are in section 12.
This section governs your piclink subscription. Payments your clients make to you through the Payments feature are governed by section 11.
5.1 Subscriptions purchased in the app (App Store and Google Play)
Some paid plans can also be purchased inside the piclink mobile app. In that case the charge is not made by Stripe: it is made by your phone's app store, the App Store (Apple) or Google Play (Google), using the payment method you have on file there.
- Price: the price, currency and billing period are the ones the store shows you before you confirm the purchase.
- Automatic renewal: the subscription renews automatically at the end of each period and the store charges your payment method, until you cancel it.
- Cancellation: you cancel it in the store where you purchased it, from the subscriptions of your App Store or Google Play account, which you can also reach from "My plan" in the app. To avoid the next charge you must cancel before the renewal date, with the advance notice the store requires. You keep the plan until the end of the period already paid. These subscriptions cannot be canceled from the piclink website.
- Refunds: refunds for these purchases are decided and processed by the store under its own policies. piclink cannot refund a charge made by the App Store or Google Play.
- One charge per account: an account has a single active subscription, charged either by Stripe or by a store. While a store charges your plan you cannot purchase or change plans on the web, and while Stripe charges it you cannot purchase in the app.
- If a charge fails: the store may retry it for some time. If it does not succeed, your account moves to the free plan; your Content is not deleted because of it.
- Deleting your account: deleting your piclink account does not cancel the subscription in the store. Cancel it in the store first so you are not charged again.
- Store terms: these purchases are also governed by the Apple or Google terms you accepted when using their store.
6. Cancellation and refunds
You may cancel your subscription at any time from your account settings. Cancellation stops future renewals; you will retain access to paid features until the end of the period already paid for.
If you purchased your subscription inside the mobile app (App Store or Google Play), cancellation and refunds are handled in the store, as described in section 5.1.
Unless applicable law provides otherwise or it is expressly stated, payments already made are non-refundable for partial periods. If you believe there is an improper charge, contact us and we will review it in good faith.
The above applies only to your piclink subscription. Refunds to your clients for services you charged them through the Payments feature are governed by section 11. AI Studio photo packs are one-time purchases that do not renew; their refunds are governed by section 12.
7. Your content and license
You retain ownership and all rights over the Content you upload. piclink claims no ownership over your photographs.
In order to provide you with the Service, you grant us a limited, non-exclusive, worldwide and revocable license to host, store, copy (for backup and performance purposes), resize, compress, transmit and display your Content solely for the purpose of operating and improving the Service and delivering it to the people you choose to share it with. This license ends when you delete the Content or your account, except for temporary backup copies or where a third party has already downloaded it.
If the trash is enabled for your account, Content you delete is kept there for up to 60 days so you can recover it. While it is in the trash the license above continues, because we keep hosting it in order to restore it, and it still counts against your plan's storage. It ends when you delete it from the trash or when that period ends.
You are solely responsible for your Content and for having all the rights, authorizations and licenses necessary over it.
8. Third-party rights and depicted persons
You represent and warrant that the Content you upload does not infringe copyright, trademarks, image rights, privacy or any other third-party right, and that you have the necessary authorizations from the depicted persons. piclink acts as a mere technical hosting and delivery intermediary: it does not curate or pre-approve Users' Content. To prevent abuse we may automatically review a sample of the hosted Content, as described in the Privacy Notice, without this imposing on us a general obligation to monitor or making us responsible for the Content.
Day of the Dead Altar (photos sent by visitors)
When a season has the altar open, any adult can send the photo of a loved one without creating an account. By sending it, you represent and warrant that:
- you have the right to share the photo and it does not infringe copyright, image rights or any third-party rights;
- it does not show a living person without their permission or a minor without the permission of whoever exercises parental authority or guardianship;
- the name and the words you write do not include advertising, links, emails or phone numbers.
You grant us a limited, free, non-exclusive and revocable license to review the photo and display it on piclink.mx (on the altar page and on the home page) during the season, together with the name, the relationship and the words you wrote. You receive and pay no consideration. A person on our team reviews every photo before it is published, with the help of an artificial intelligence tool that only warns, and piclink may reject or remove any photo without having to explain why. You can ask for your photo, or the photo of a depicted person, to be removed by writing to hola@piclink.mx with the link to the photo; the license ends when it is removed.
9. Acceptable use
By using the Service you agree NOT to:
- Upload unlawful, defamatory content, content that promotes hatred or violence, or sexual material of or involving minors.
- Infringe third parties' intellectual property or image rights.
- Upload malware, attempt to breach security, reverse engineer or access others' systems or accounts without authorization.
- Use the Service to send spam, impersonate identities or carry out fraudulent activities.
- Overload the infrastructure through abusive automation or circumvent your plan's limits.
- Use the Payments feature outside what section 11 allows.
- Use the AI Studio outside what section 12 allows.
- Resell or sublicense the Service without written authorization.
10. Galleries, links and end clients
You decide which Galleries and Profiles to share and with whom. Some Galleries may be password-protected; you are responsible for managing and sharing such passwords securely. Anyone with the link (and, where applicable, the password) will be able to view and, if you enable it, download the photographs. piclink is not responsible for how you distribute the links or for the use that end clients make of the downloaded Content.
11. Charging your clients (Stripe Connect)
If your plan includes it, piclink lets you charge your clients the deposit or the total of an accepted quote (the "Payments feature"). Payments are processed through Stripe Connect and deposited into a Stripe account in your name (the "Connected account"). piclink never receives, holds or keeps custody of that money.
11.1 Your Connected account and your agreement with Stripe
Payment processing services for Users on piclink are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the "Stripe Services Agreement"). By agreeing to these Terms, connecting your account or continuing to operate as a User of the Payments feature on piclink, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of piclink enabling payment processing services through Stripe, you agree to provide piclink accurate and complete information about you and your business, and you authorize piclink to share it and transaction information related to your use of the payment processing services provided by Stripe.
To activate the Payments feature, Stripe will ask you directly for identity, tax and banking information and will run the checks required by law and by its policies. Stripe decides whether to approve, condition, suspend or close your Connected account under its own agreement; piclink does not control those decisions and cannot reverse them. You may stop using the Payments feature at any time; payments already collected are not affected.
11.2 You are the seller
Each payment is a transaction between you and your client. You set the price, define the deposit, describe the service and are solely responsible for providing it and honoring what you agreed. piclink is not a party to that relationship: it is not a seller, an agent, a financial intermediary or a money transmitter, and it does not guarantee the quality, delivery or performance of the contracted service, nor payment by your client.
11.3 Fees
piclink charges no commission on your clients' payments. Stripe deducts its own per-transaction fees directly from your Connected account, according to its current pricing. If piclink introduces a platform fee in the future, we will give you reasonable advance notice and it will apply only to payments collected after that notice.
11.4 Payment methods and cash payments (OXXO)
The payment methods available for each charge are determined by piclink based on the amount, the currency and Stripe's configuration. Cash payments through OXXO have their own rules, which you must know and communicate to your clients:
- They are only available for the deposit, in Mexican pesos and up to the maximum amount per voucher set by Stripe.
- They cannot be refunded through Stripe under any circumstances.
- The payment is confirmed up to one or more business days after your client pays in store, and funds settle according to Stripe's timelines.
- The voucher expires if it is not paid within the indicated period; in that case your client may generate a new one or pay by card.
11.5 Refunds, cancellations and disputes
You decide your cancellation and refund policy and are responsible for communicating it to your clients before they pay. From piclink you can fully refund a card payment; the money goes back the same way and Stripe may take several days to reflect it. OXXO payments must be returned by your own means if you so agree with your client. Chargebacks and disputes are handled by Stripe under its rules and those of the card networks; if a dispute is resolved against you, the amount and the applicable fees are deducted from your Connected account. piclink does not take part in refunds, chargebacks or disputes, and is not liable for their outcome.
11.6 Taxes and invoicing
You are solely responsible for the tax obligations arising from the payments you receive: determining and charging any applicable VAT (IVA), issuing the digital tax invoice (CFDI) to your clients when they request it or the law requires it, filing and paying your taxes, and keeping your accounting records. The amounts you enter in a quote, including VAT if you apply it, are your responsibility.
11.7 Permitted use of the Payments feature
You may only use the Payments feature to charge for your own photography, video, design or other creative services that you provide and that are described in the corresponding quote. You may not use it to collect payments on behalf of third parties, for activities prohibited or restricted by Stripe's policies, or for fraudulent, simulated or unlawful transactions. We may suspend the Payments feature if we detect misuse, without prejudice to any measures Stripe takes on its own.
11.8 Data
To operate the Payments feature we share your email address and the data of each transaction with Stripe, and we receive from Stripe the status of your Connected account and of each payment. Stripe processes the data it collects to verify your identity under its own privacy policy. The details are in the Privacy Notice.
11.9 If you are a User's client paying a quote
When you pay a quote through piclink, the payment is received by the User who issued it to you (the studio or professional whose name appears on the quote) and is processed in their Connected account; piclink only provides the technology platform. Any question, cancellation, refund or claim about the contracted service or about the payment must be handled directly with that User. Cash payments at OXXO cannot be refunded through Stripe. The data you provide when paying is received by Stripe and by the User, as described in the Privacy Notice.
12. AI Studio (images generated with artificial intelligence)
The AI Studio generates new photographs of your product from a real photo that you upload. You choose the styles and how many photos you want of each one; you do not write instructions for the model. The availability of the AI Studio, its styles, the resolution and the number of photos may vary depending on your plan and your country, and we may enable it gradually.
12.1 How it works and who processes your photo
To generate the photos, piclink sends the photo you upload to the AI Studio, together with the instructions of the style you chose, to artificial intelligence providers that process it on our behalf: Anthropic automatically checks that the photo works as a starting point and identifies the type of product, and Google generates the images. By using the AI Studio you authorize us to send it. The details of the processing are in the Privacy Notice.
The AI Studio only processes the photo you upload to the AI Studio itself. It does not take photos from your Galleries or from your clients.
12.2 The photo you upload
The AI Studio is designed for product photographs. By uploading a photo you declare that you have the right to use it and to use the image of the product, its brand, its labels and its design to create advertising material. You must not upload photos whose main subject is a person, photos of minors, documents, or content that is unlawful or infringes third-party rights. We may automatically reject a photo that does not work for generating or that breaches these rules.
12.3 Generated photos
- They are synthetic images. They are created by an artificial intelligence model and may contain errors: the product, its label, its text, colors, proportions or details may come out different from the original, and the scene may include elements that do not exist. Review every photo before publishing it or using it to sell. You are responsible for making sure that the image you publish represents your product truthfully and complies with the advertising and consumer protection rules that apply to you.
- The people who appear are not real. In the styles that show the product in use, the hands, body or face belong to synthetic models created by artificial intelligence. Any resemblance to a real person is coincidental. You may not present them as customers, testimonials or real people.
- Ownership. piclink claims no rights over the Generated photos: as between you and piclink they are yours, they are part of your Content and you may use them for personal or commercial purposes. Bear in mind that the law of some countries may not recognize copyright in images created by artificial intelligence, and that the AI Studio may produce similar results for other people. We do not guarantee that a Generated photo is unique or that it does not resemble third-party works or brands.
- Transparency. If a law, an advertising platform or an online store requires disclosing that an image was created or modified with artificial intelligence, complying with that disclosure is up to you.
12.4 Included photos, photo packs and refunds
- Photos included in your plan. Your plan may include a number of photos per month, which is shown in the AI Studio. They renew every month, do not accumulate and have no cash value. On the free plan they may come out at a lower resolution, and the total number of free photos we offer each month is limited, so they may run out.
- Photo packs. The photos you buy are added to your balance, do not expire while your account remains active and are used once the ones in your plan run out. They are personal: they cannot be moved to another account or exchanged for money.
- Photos that fail. If a photo is not generated because of a failure of the Service or because the provider blocks it, it is automatically returned to your balance. A photo that was generated counts as used even if the result is not what you expected.
- Refunds. Unless applicable law provides otherwise, photo packs are non-refundable once credited to your account. If you believe there was an improper charge, write to us and we will review it in good faith. If a payment is refunded or you dispute it with your bank (chargeback), the photos from that pack are deducted from your balance; if you had already used them, your balance may become negative and you will have to cover it before generating again.
- When your account is closed. Included or purchased photos you have not used are lost when you delete your account, or if we cancel it for breaching these Terms.
12.5 Permitted use of the AI Studio
You may not use the AI Studio to:
- Generate images of products that you have no right to sell or advertise, or that imitate third-party brands, packaging or designs to pass them off as your own.
- Create misleading content about what a product is, contains or does, or pass off the Generated photos as photographs of real people or events.
- Generate content that is sexual, violent, hateful, involves minors or is unlawful.
- Attempt to evade the safety filters, automate orders abusively or resell access to the AI Studio.
Use of the AI Studio is also subject to the policies of the providers that analyze and generate the images: the Google Generative AI Prohibited Use Policy and the Anthropic Usage Policy. Those providers may block a generation automatically. We may suspend your access to the AI Studio if we detect misuse.
12.6 Changes and availability
The AI Studio depends on external models and providers that change frequently. We may change the provider or the model, modify or remove styles, and adjust the resolution, the limits and the prices of photo packs; a price change does not affect the packs you have already bought. We do not guarantee that the AI Studio will always be available or that two identical orders will produce the same result.
13. piclink intellectual property
The Service, its software, design, brand, logos, the name "piclink", the slogan "El revelado, reinventado" and all the elements that comprise it are the property of the Data Controller or its licensors and are protected by intellectual property laws. You acquire no rights over them beyond using the Service in accordance with these Terms.
14. Availability and changes
We make reasonable efforts to keep the Service available, but we do not guarantee uninterrupted or error-free operation. We may perform maintenance, temporarily suspend the Service or modify its features. We recommend that you keep your own copies of your original photographs; piclink does not replace a personal backup system.
The features of each plan are not fixed. The only things that stay the same in your plan are the storage and the Galleries it includes, and your Public profile: these are not reduced or moved to another plan. Beyond that, we may disable or remove any other feature, or move it to a higher or lower plan, at any time and without prior notice; for example, when a feature does not work as it should or is rarely used. The current features of each plan are those shown in the Service at any given time.
15. Warranties and liability
The Service is provided "as is" and "as available", without warranties of any kind, express or implied, to the maximum extent permitted by law.
The Generated photos from the AI Studio are also provided "as is": we do not guarantee their accuracy, their quality, that they are fit for a particular purpose or that they are free of resemblance to third-party works or brands. You decide whether and how to use them.
piclink is likewise not liable for the services Users sell to their clients, for payments, refunds, chargebacks or disputes between them, or for decisions Stripe makes regarding a Connected account. Amounts your clients pay you through the Payments feature are not amounts paid to piclink and do not count toward the liability cap in the following paragraph.
To the extent permitted by applicable law, piclink shall not be liable for indirect, incidental, special or consequential damages, nor for the loss of data, revenue or profits. piclink's total liability to you, on any account, shall not exceed the amount you have paid for the Service in the twelve (12) months prior to the event giving rise to the claim. Nothing in these Terms limits rights that cannot be limited under applicable consumer protection law.
16. Suspension and termination
You may stop using the Service and delete your account at any time. We may suspend or cancel your account if you breach these Terms, if your use represents a legal or security risk, or by legal requirement. After termination, your Content may be deleted in accordance with our retention periods described in the Privacy Notice. Deleting your account deletes all your Content, including whatever is in the trash, without waiting for the trash period.
If your account is cancelled, the Payments feature is no longer available. Your Connected account and any funds in it continue to be governed by your agreement with Stripe.
17. Privacy
The processing of your personal data and that of the people whose images you host is governed by our Privacy Notice, which is an integral part of these Terms.
18. Changes to the Terms
We may update these Terms to reflect legal, technical or business changes. We will publish the current version on this page with its update date and, when changes are substantial, we will make reasonable efforts to notify you. Continued use of the Service after the effective date constitutes your acceptance of the modified Terms.
19. Governing law and jurisdiction
These Terms are governed by the laws of the United Mexican States. For their interpretation and performance, the parties submit to the competent courts of the city of Guadalajara, Jalisco, Mexico, waiving any other jurisdiction that may correspond to them by reason of their present or future domicile.
20. Contact
For any questions about these Terms, write to us at hola@piclink.mx.