Terms and Conditions

1. Who is selling

• Seller: TWO MILLIONS DREAMS, S.L. («PictiaX», «we»)
• Tax ID: B13744396
• Registered address: Calle Correa de Araujo 2, 41702 Dos Hermanas (Seville), Spain
• Email: hello@pictiax.com

PictiaX® is a registered trade mark of TWO MILLIONS DREAMS, S.L.

2. What each term means

• System: what is sold: the robotic arm, its bases, accessories, the software licence and the initial PICTICOIN balance.
• Portal: the web application used to manage events, the queue and the portraits.
• PICTICOIN: a prepaid consumption unit spent each time a portrait is generated.
• Operator: whoever buys the System and uses it at events, typically an events company.
• Guest: the person photographed at an event who receives their portrait.
• Generated Content: the portrait produced by the System from a Guest's photograph.

3. Which document prevails

The relationship is governed by the following documents and, where they conflict, in this order:

1. The accepted order and its confirmation.
2. These terms.
3. The software licence (section 8).
4. The commercial warranty statement (section 10).
5. The data processing agreement.
6. The Returns Policy.

4. Buying as a consumer or as a business

Almost everything that follows depends on this.

You are a consumer if you buy outside a business or professional activity. You have a right of withdrawal, a legal guarantee of conformity and the other rights granted by consumer law, which cannot be waived by contract.

You are a business if you buy for your activity. There is no statutory right of withdrawal, and the regime is the one agreed here.

5. How the contract is formed

The contract is concluded when you accept these terms, complete payment and we send you the order confirmation by email. That confirmation includes these terms in a format you can save and print.

The button completing the purchase states expressly that it carries an obligation to pay.

The contract is concluded in Spanish. Where these terms are published in other languages and versions conflict, the Spanish version prevails, unless the law of a consumer buyer's country requires otherwise.

6. Price, taxes and customs

Prices shown on the website include Spanish VAT as applicable to final consumers in Spain. The final amount is calculated at checkout based on the delivery country and the tax status evidenced by the buyer.

• EU businesses with a VAT number valid in VIES: supplied without VAT under the reverse charge. If the number proves invalid or transport to another Member State cannot be evidenced, we will charge the tax and may reclaim it.
• Outside the European Union: the supply is exempt from Spanish VAT as an export, against the corresponding customs documentation.

7. Delivery and risk

We deliver within the period stated on the order and in any event within 30 calendar days of purchase, unless otherwise agreed in writing.

For a consumer, risk of loss or damage passes when they physically receive the equipment, not when we hand it to the carrier. For a business buyer, risk passes on handover to the carrier.

We retain title to the equipment until the price has been paid in full, without affecting the transfer of risk above.

Check the packaging on receipt. Visible transport damage must be reported within 48 hours of delivery, with photographs of the packaging and the equipment.

8. The software licence

The System includes a perpetual licence to use the software and the Portal. Perpetual means it does not expire and there is no monthly fee: it does not mean ownership is transferred.

The licence is granted to the Operator, not to a device. It is non-exclusive and non-transferable except under section 8.4. No intellectual property rights in the software, the models or the drawing styles are transferred.

8.1 How many devices you can use

The Operator may access the Portal from as many devices as needed: computer, tablet or phone, on Windows or Mac. No permission is needed to change equipment or to work from several at once.

The licence covers use by the Operator and its own staff, at the events it runs. What it does not cover is handing it to another company to operate on its own account: that is a separate licence.

8.2 What you may not do

• Rent, lend, sublicense or resell the licence to a third party to operate on its own account.
• Circumvent licence controls or usage limits.
• Extract, replicate or train models from the System's outputs.
• Decompile or reverse engineer, except to the extent mandatorily permitted by law to achieve interoperability, a right we expressly acknowledge.

8.3 Updates

We distinguish updates needed to keep the System conforming with what was contracted, which are free and supplied throughout the warranty period and for as long as we maintain the service, from new features, which are discretionary and may carry their own terms.

8.4 Selling the equipment second hand

The licence may be transferred together with the equipment, on prior notice, provided the transferor stops using the System and removes their access and the transferee accepts the terms then in force. The PICTICOIN balance and the commercial warranty do not transfer unless we expressly agree in writing.

9. PICTICOINS

PICTICOINS are prepaid consumption units. They are not electronic money, have no monetary value, are not redeemable for cash and cannot be transferred between accounts.

There are only two exceptions, and we state them because they are the ones the law recognises:

• If you withdraw from the purchase within 14 days and you are a consumer, you are refunded for the PICTICOINS you have not consumed, under the Returns Policy.
• If we stopped providing the portrait generation service, we refund the balance you were unable to consume, under section 15.

In addition:

• The price per PICTICOIN may be revised for future purchases, never retroactively on a balance already bought.
• If we terminate for serious breach attributable to the customer, the unused balance is forfeited.

10. Warranty

10.1 Legal guarantee (consumers)

If you are a consumer you are entitled, by law and free of charge, to have the product repaired or replaced if it does not conform to the contract, and where applicable to a price reduction or to terminate. In Spain that right lasts three years from delivery for goods and two years for digital content and services. Nothing below limits that right.

10.2 PictiaX® 3-year commercial warranty

In addition, and because a legal right is not a service, we offer a commercial warranty of three years from delivery which adds the following:

• You do not have to prove anything for the full three years. The law only presumes the defect existed at delivery for the first two; we assume it for the third as well.
• Shipping both ways at our cost for three years, within the European Union.
• Replacement equipment if you have an event booked within the following seven days and we cannot repair in time, subject to availability.
• It extends to business buyers, who have no equivalent statutory period. That is where this warranty genuinely adds something.

Guarantor: TWO MILLIONS DREAMS, S.L., at the address in section 1. Worldwide scope, with international transport outside the European Union at the buyer's cost. To claim, write to hello@pictiax.com with the invoice and serial number.

Excluded: normal wear of consumables (pens and pen holders), damage from misuse, dropping, moisture or unauthorised tampering, and repairs by third parties. We do not condition the warranty on registering the product or on buying any particular brand of consumables.

10.3 Buyers in the United States

For buyers in the United States this is offered as a Limited Warranty. Any implied warranties are limited in duration to the term of this written warranty, and incidental and consequential damages are excluded. Some states do not allow limitations on how long an implied warranty lasts, or the exclusion of incidental or consequential damages, so the above limitations may not apply to you. This warranty gives you specific legal rights, and you may have other rights which vary from state to state.

11. Withdrawal and returns

If you are a consumer you have 14 calendar days from receiving the equipment to withdraw without giving a reason. The detail, the deadlines, who pays what and the model form are in the Returns Policy, which forms part of these terms.

12. Liability

12.1 What this product is and is not

The System is an entertainment feature for events. We do not warrant uninterrupted or error-free operation, and the artistic result depends on the source photograph. Portrait generation requires an internet connection, as part of the process runs in the cloud.

The Operator undertakes to maintain a fallback plan for its events and not to give its own clients commitments that depend on uninterrupted availability of the System.

12.2 Business customers

Our total liability is limited to the price paid for the System giving rise to the claim. The following are expressly excluded: loss of profit, loss of revenue, loss of contracts or goodwill, reputational harm, loss or corruption of data, and third-party claims against the customer.

These limitations are a fundamental element of this agreement: the price of the System is calculated on the basis of them and we could not offer it on these terms without them.

12.3 Consumer customers

Nothing in this section limits the rights consumer law grants a consumer. Section 12.2 does not apply to them.

12.4 What is never excluded

We never exclude or limit liability for wilful misconduct, gross negligence, death or personal injury, or under product liability law.

13. Events, guests and their image

13.1 Who owns the portrait

We do not claim ownership of the Generated Content. The portrait belongs to the Operator and the Guest as between them. We retain ownership of the software, the models and the drawing styles.

13.2 Operator obligations

When using the System at an event, the Operator undertakes to:

• Obtain each Guest's informed consent to capture and process their image and generate the portrait, using the Portal's consent flow rather than its own.
• Display visible notices at the event explaining what happens to the photograph and that the portrait is generated by artificial intelligence.
• Obtain consent from a parent or guardian where the Guest is below the applicable age, and never include portraits of children in promotional material without express, documented authorisation.
• Comply with data protection law applicable at the place of the event.

13.3 Indemnity

The Operator shall indemnify PictiaX against any claim by Guests or third parties arising from breach of the above, including reasonable legal costs. This obligation is capped at the greater of the price paid for the System and the amounts paid in the twelve months preceding the event in question.

13.4 Use in our advertising

We do not use Guests' portraits in our advertising unless there is express, specific authorisation from the person appearing in the image. The Operator's authorisation is not enough.

14. Artificial intelligence transparency

The System generates content using artificial intelligence. In line with Article 50 of Regulation (EU) 2024/1689:

• The output is marked as AI-generated in the digital file delivered.
• The Operator must inform Guests that the portrait is generated by artificial intelligence, and may not remove or obscure that marking.
• Output is not exclusive: similar photographs may produce similar results.

15. Service availability and orderly discontinuation

We sell a perpetual licence, and part of the generation process runs on our infrastructure. We therefore commit to the following, which is what gives the word "perpetual" real content:

• Should we ever decide to stop providing the portrait generation service, we would give at least 12 months' written notice.
• During that period you could consume your PICTICOIN balance as normal.
• We would refund any balance you were unable to consume, at the price you paid.
• We undertake to use reasonable efforts to offer an alternative means of operation.

We may modify the Portal to adapt to technical or legal changes, at no cost and without reducing its features. If a change adversely and not insignificantly affected your use of the System, we would notify you in advance and, if you are a consumer, you could terminate.

We may suspend online features of an account where we detect serious breach, while endeavouring not to interrupt an event in progress.

16. Export control and sanctions

By purchasing you declare that you are not subject to international sanctions, that you are not acting on behalf of a sanctioned person or entity, and that you will not re-export the System to embargoed territories.

We may cancel an order and refund it where performance would breach applicable sanctions or export control law.

17. Governing law, complaints and jurisdiction

17.1 European Union consumers

Spanish law applies, without prejudice to the mandatory consumer protection rules of your country of residence, which always prevail. A consumer may bring proceedings in the courts of their domicile, and we may sue a consumer only in the courts of their domicile.

17.2 Business customers

Spanish law applies and the parties submit expressly to the courts of Seville, Spain, waiving any other forum.

17.3 United States customers

For buyers with a United States billing address, any dispute shall be resolved by individual, binding arbitration, with a waiver of participation in class actions, subject to the following: either party may bring a claim in small claims court where it qualifies; the buyer may opt out of arbitration by emailing us within 30 days of purchase; and we bear the administrative arbitration fee in low-value claims.

17.4 Complaints

Before taking any other step, write to hello@pictiax.com. We answer every complaint and most are resolved there.

18. General

• Severability: if a clause is held invalid, it is treated as not written and the rest remains in force.
• Survival: the sections on intellectual property, liability, indemnity and confidentiality survive termination.
• No waiver: not exercising a right does not waive it.
• Assignment: you may not assign your contractual position without our written consent.
• Changes: we may amend these terms for future purchases. Where a change affects a contract in force, we will give 30 days' notice and you may terminate before it takes effect.
• Notices: to the email on the order and to ours in section 1.