Pictory AI

The clause allows indefinite, perpetual, or necessity-based retention.

“All the videos you create are yours to keep forever. However, you must download them from Pictory before you cancel your account, as all your video projects are permanently deleted from the platform upon cancellation.”

The clause imposes arbitration, class-action waiver, or jury-trial waiver terms.

“c. Governing Law; Venue. These Terms shall be construed and enforced in accordance with the laws of the State of Washington, excluding its choice of law rules. Subject to the mandatory arbitration provision, any judicial proceeding that is brought arising out of or relating to these Terms must be brought in the courts of the State of Washington located in Seattle, or the United States District Court for the Wester...”

The clause imposes arbitration, class-action waiver, or jury-trial waiver terms.

“You agree to the following dispute resolution policy in connection with any potential claims or disputes arising from your use of the Services. (1). Information negotiations. Parties to a dispute concerning the Terms, Services, or Privacy Policy will attempt to informally negotiate a potential settlement or resolution to the dispute within sixty days notice of such dispute. If no such resolution in feasible, the p...”

The clause imposes arbitration, class-action waiver, or jury-trial waiver terms.

“You agree to the following dispute resolution policy in connection with any potential claims or disputes arising from your use of the Services. (1). Information negotiations. Parties to a dispute concerning the Terms, Services, or Privacy Policy will attempt to informally negotiate a potential settlement or resolution to the dispute within sixty days notice of such dispute. If no such resolution in feasible, the p...”

The clause imposes arbitration, class-action waiver, or jury-trial waiver terms.

“c. Governing Law; Venue. These Terms shall be construed and enforced in accordance with the laws of the State of Washington, excluding its choice of law rules. Subject to the mandatory arbitration provision, any judicial proceeding that is brought arising out of or relating to these Terms must be brought in the courts of the State of Washington located in Seattle, or the United States District Court for the Wester...”

model training worsened from low/no training claim to high/training permitted.

Latest stance: arbitration or waiver on governing law disputes

“c. Governing Law; Venue. These Terms shall be construed and enforced in accordance with the laws of the State of Washington, excluding its choice of law rules. Subject to the mandatory arbitration provision, any judicial proceeding that is brought arising out of or relating to these Terms must be brought in the courts of the State of Washington located in Seattle, or the United States District Court for the Western District of Washington.”

Latest stance: training permitted on training use

“(1) Acceptable Use of Third Party Digital Materials. You may only use the Third-Party Digital Materials together with your Customer Content and the functionality of the Services. You are prohibited from using any use of the Third-Party Digital Material (1) on a standalone basis, personally or commercially, or in printed format, including on another third-party service or otherwise; (2) for any pornographic, defamatory or other unlawful purposes; (3) in electronic templates used to create electronic or printed products; (4) in physical or digital retail products, such as e-cards, calendars, posters or screensavers; (5) for the purpose of enabling file-sharing of the image file; (6) as part of any logo, trademarks, services marks or any other brand identifier or (7) for the training of any machine learning or artificial intelligence technologies. In addition, the restrictions provided in Section 9 also apply as well to Third Party Digital Material embedded in your Pictoried Content. Further, you may not activate “right click” functions or remove any metadata in Third Party Digital Materials, or reverse engineer, decompile or disassemble any of our Platform to enable the download of Third Party Digital Materials.”

Latest stance: platform claims or reserves rights on moderation enforcement

“We reserve the right to terminate your use of the Services for violating any of the prohibited uses. In addition, you may not portray a person in Customer Content or Pictoried Content in a way that may be offensive, including without limitation in connection with adult-oriented services or ads for dating services; in connection with the promotion of tobacco products; in connection with political endorsements; with pornographic, defamatory, unlawful, offensive or immoral content; or as suffering from, or being treated for, a physical or mental ailment.”

Latest stance: arbitration or waiver on governing law disputes

“You agree to the following dispute resolution policy in connection with any potential claims or disputes arising from your use of the Services. (1). Information negotiations. Parties to a dispute concerning the Terms, Services, or Privacy Policy will attempt to informally negotiate a potential settlement or resolution to the dispute within sixty days notice of such dispute. If no such resolution in feasible, the parties agree to Binding Arbitration. (2). Binding Arbitration. In the event that informal negotiations are unsuccessful, the parties agree to follow the arbitration procedures set forth by the American Arbitration Association to resolve the dispute in the jurisdiction of the state of Washington. Each party is responsible for its our own filings, administrative, and arbitrator fees. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The prevailing party shall be entitled to recovery of its costs and fees.”