Terms & Conditions
2. Agreement to Terms and Conditions
This Agreement takes effect on the date on which you first use the Pixly application.
3. User Qualifications
The use of our Site and services is restricted to individuals who are 13 years of age or older. When you access or utilize Pixly site or services, you affirm and guarantee that you are no less than 13 years of age and possess the legal ability to form a binding agreement. If you are under the age of 13 or do not have the legal ability to create a binding agreement, you are prohibited from accessing or utilizing our Site or services.
4. Service Offerings and Fee Structure
Pixly operates as an online Software as a Service (SaaS) tool that allows users to create AI-generated photographs. Users have the option to select from a range of photo packages available at a set price. Upon providing one or more of their personal photos in adherence to specific guidelines, users can obtain high-resolution AI-produced images. Comprehensive information about photo packages, pricing, and guidelines can be found on our Site.
5. User Material and Policy Guidelines
While utilizing our Site and services, you may provide us with photos and/or additional materials ("User Material"). You commit to abstaining from providing any User Material that: Contravenes any relevant law, regulation, or guideline; Violates others' intellectual property rights; Features any vulgar, pornographic, or derogatory content; Includes personal data of individuals below the age of 13; Incorporates any damaging or malicious software. We retain the authority to delete or decline any User Material at our sole judgment.
6. Intellectual Property and Trademark Rights
Within the boundaries of the law and in the context of the relationship between you and Pixly, you retain ownership of your Uploads. Concurrently, you acknowledge that all Generations are the property of Pixly, and you undertake any required actions to facilitate this transfer of rights. Pixly confers upon you the exclusive permission to copy and showcase the said Generations, promising not to commercialize the Generations you have created, utilize the Generations in any manner, or claim any copyright over these Generations against you or your clientele, provided your adherence to these stipulations and our Content Policy is intact. In instances where a breach of our terms or Content Policy occurs, your privileges concerning the use of Generations will be forfeited. However, we commit to giving you a written notification and a reasonable span to rectify the infringement unless the act was blatantly unlawful or exploitative. It is imperative for you to recognize and agree that analogous or matching Generations might be created by others using their unique inputs, and your entitlements are confined to the precise Generation that you have created.
Customer Ownership: When utilizing our services, you maintain complete ownership of all the photos and data you upload, keep, or transfer on our platform. We do not assert any entitlement or possession over your photos or data.
No Utilization Without Clear Consent: Our priority is to honor your privacy and secure the safety of your photos and data. We will not utilize, market, lease, or otherwise take advantage of your photos or data without securing your clear consent first.
Restricted Data Handling: We may handle your photos and data solely to facilitate our services to you, encompassing but not limited to storage, access, backup, and data scrutiny, complying with the pertinent privacy laws and guidelines.
Data Safety Protocols: We adopt adequate safety protocols to shield your photos and data from unauthorized entry, exposure, modification, or obliteration. Nonetheless, please recognize that no transmission method over the internet or electronic repository is entirely secure, and we cannot assure complete protection.
Third-Party Admission: We will refrain from granting access to your photos or data to third parties, except if mandated by law, to adhere to legal duties, uphold our rights, curb fraud, or safeguard the rights, assets, or well-being of our users.
Since generating AI photos require significant resources on our side, we do not provide refunds. We offer free products for you to test the results before purchasing a any offered package.
It is not warranted that Pixly will meet your requirements or that its operation will be uninterrupted or error free. All express and implied warranties or conditions not stated in this Agreement (including without limitation, loss of profits, loss or corruption of data, business interruption or loss of contracts), so far as such exclusion or disclaimer is permitted under the applicable law are excluded and expressly disclaimed.
10. Warranties and Limitation of Liability
Pixly does not give any warranty, guarantee or other term as to the quality, fitness for purpose or otherwise of the service.Pixly shall not be liable to you by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by Pixly's negligence or the negligence of its servants or agents or otherwise) which arise out of or in connection with the provision of any goods or services by Pixly. Pixlyshall not be liable or deemed to be in breach of contract by reason of any delay in performing, or failure to perform, any of its obligations if the delay or failure was due to any cause beyond its reasonable control. Notwithstanding contrary clauses in this Agreement, in the event that Pixly are deemed liable to you for breach of this Agreement, you agree that Pixly's liability is limited to the amount actually paid by you for your services or software, which amount calculated in reliance upon this clause. You hereby releasePixly from any and all obligations, liabilities and claims in excess of this limitation.
Pixly is not responsible for what the user does with the user-generated content.
12. General Terms and Law
This Agreement is governed by the laws of Czech Republic. You acknowledge that no joint venture, partnership, employment, or agency relationship exists between you and Pixly as a result of your use of these services. You agree not to hold yourself out as a representative, agent or employee of Pixly. You agree that Pixly will not be liable by reason of any representation, act or omission to act by you.
Last updated: 9 September 2023.