Pixu Terms of Service

Effective Date: 21 October 2024

BEFORE THE USE OF ANY PIXU SERVICE, YOU ARE REQUIRED TO READ, UNDERSTAND AND AGREE TO THESE TERMS. YOU MAY ONLY CREATE AN ACCOUNT AFTER HAVING READ AND ACCEPTED THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THE CONDITIONS SET FORTH IN THIS DOCUMENT, PLEASE REFRAIN FROM USING OUR PRODUCTS AND SERVICE.

1. Definitions

1.2 Pixu: Pixu Ltd, its subsidiaries, accounts, products, websites, Services, applications, or duly authorized representatives. Also referred to as "We," "Us,” “Company,” or "our."

1.3 Pixu Creator Studio: The website and mobile application (https://pixu.ai) used to provide Pixu services to the user.

1.4 Service(s): The website https://pixu.ai (“Website”), including its sub-domains; any associated web-based and mobile applications related to image generation and editing provided by Pixu; and other functionalities and features offered to Users.

1.5 User(s): Any individual who accesses and utilizes Pixu's Services for personal or professional use. An entity, or authorized representative of a company or person who uses, downloads, or otherwise accesses Pixu's services. Also known as "you," or "your.”

1.7 User Content: Any content, information, or material submitted, uploaded, posted, or transmitted by the User through the Services. This includes texts, images, videos, audio recordings, and other media types. All materials, including but not limmited to, images, texts and videos generated or received by the User via Services.

1.8 Terms: The contractual agreement between Pixu and the User, granting permission to use User Content and Services under specific provisions and restrictions as outlined herein.

1.9 Credits: Virtual tokens, purchased in advance and used by the User to for access to for Services.

1.10 Subscription: A recurring agreement between the User and Pixu, involving the payment of a monthly or yearly fee in exchange for a specified amount of Credits.

1.11 PAUG: Pay As You Go Credits

IMPORTANT NOTICE REGARDING ARBITRATION FOR U.S. CUSTOMERS: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND REFACE THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 9 “GOVERNING LAW AND DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION.

Welcome to Pixu Creator Studio! These Terms along with the Privacy Policy, govern your complete utilization of the Services and Material provided by Pixu and Pixu Creator Studio.

2. Acceptanse of Terms

2.1 By accessing, browsing, or otherwise using the Pixu Creator Studio, you acknowledge that you have read, understood, and agree to be legally bound by the Terms contained in this document. These Terms constitute a binding legal agreement between you and Pixu. If you do not agree to these Terms, you are prohibited from using or accessing Pixu Creator Studio and its services.In addition to accessing the website, creating an account on Pixu Creator Studio also indicates your acceptance of these Terms.

2.2 To use the Services, you must be at least 18 years old.

2.3 If you are accessing or using the Services on behalf of another individual or entity, you must possess the authority to agree to these Terms on their behalf.

3. User Account

3.1 To access non-trail Services, the User must create a user account.

3.2 By registering for an account, you agree that Pixu can store the provided registration data, in order to allow for User authentication and authorization. You agree to maintain the security of your password and identification; maintain and promptly update the registraton data, and any other information you provide to Pixu, to keep it accurate, current, and complete; and accept all risks of unauthorized access to the your registraton data and any other information you provide to Pixu. It's essential to keep your login information confidential and not share it with anyone outside your organization, as you are responsible for all activities conducted under your login credentials. It is of paramount importance that the Pixu account is secured through the utilization of a password.

3.3 Under no circumstances is a user permitted to extend authorization for the use of their Pixu account to any third pary. Specifically, the user is expressly prohibited from distributing, loaning, selling, or otherwise transferring their Pixu account.

3.4 Users can delete their account at any point with the consequence of deleting all User Content related to the User account. Users agree that by deleting

their account, they will loose all User Content, including their Registration Information.

3.5 Account deletion might take up to 24 hours.

4. Service Limitations

While Pixu endeavors to deliver high-quality services by leveraging sophisticated AI models, it is important to note the following limitations of responsibility:

4.1 . Service Limitations: The tools and services provided by Pixu are offered on an "as-is" basis. Pixu does not guarantee that the AI models and algorithms used will always yield flawless or error-free results. The effectiveness and quality of the Service largely depend on the nature and quality of the inputs provided by users and the capabilities of the software.

4.2 User Responsibility: Users are solely responsible for all generated or otherwise processed User Content and its use. Pixu shall not be held accountable for any direct or indirect consequences, damages, or liabilities that may arise from the usage or interpretation of images processed through our platform. AI models can sometimes produce unpredictable results, which might coincide with the desired result of the Pixu Services.

4.3 Accuracy and Suitability: Pixu makes no explicit or implied assurance that the outputs produced by our services will invariably align with user expectations or intended purposes. The accuracy, relevance, and applicability of the results for specific uses are not guaranteed. Users should exercise their discretion and judgment in using and relying on the service outputs. Users can try out the quality of our services before, with limitations, before purchasing credits.

4.4 Processing Time for Image Services: Users should be aware that the processing of images using Pixu's AI technology can require a substantial amount of time. The duration of processing is influenced by several factors, including the complexity of the task, the quality and size of the input images, current user demand on the system, the inherent processing requirements of AI models and other factors. Pixu endeavors to process images efficiently; however, we do not guarantee specific processing times. Processing times shown to the User are estimates and do not hold legal binding. Users are advised to plan accordingly, especially when using our services for time-sensitive projects. Pixu shall not be liable for any delays in processing or the impact of such delays on Users activities or project timelines. This acknowledgment of potential processing time is an integral part of the Terms, and users agree to this condition when utilizing Pixu Services.

4.5 Service Availability and Interruptions: We aim to maintain consistent and uninterrupted availability of its services; however, Users accept that occasional disruptions and downtime may occur. These interruptions can result from various factors, including but not limited to maintenance activities, technical issues, updates, and external factors beyond our control. While we strive to minimize such occurrences and their impact, Pixu cannot guarantee uninterrupted service availability. We commit to communicating any planned maintenance or known issues that might affect service availability in a timely manner. Users agree that Pixu is not liable for any inconvenience, loss, or damage resulting from service interruptions. Our team will make all reasonable efforts to ensure that the service is available and functioning optimally, and to restore service as promptly as possible in the event of any disruption.

4.6 Updates to Services: We are dedicated to continual improvement and innovation, which means our platform, including the underlying technologies and provided services, may undergo periodic updates and changes. These advancements are integral to enhancing user experience, introducing new features, and ensuring the highest level of service quality. As a result, users may experience changes in the platform's user interface (UI), functionalities, service offerings, and performance. We endeavor to notify users in advance of significant changes, especially those that might substantially alter the way users interact with our Services. However, users acknowledge that some updates and improvements might be implemented without prior notice, as part of our commitment to ensure the platform's optimal performance and security. Users agree to accept such changes as a necessary aspect of a dynamic and evolving service platform. Pixu is not liable for any impact these changes may have on users' experience, though we always aim to enhance the overall quality and utility of our services through these updates.

4.7 Service Errors: During image processing, there may be occurrences where images are not generated as expected, leading to mediocre results or the absence of the requested images. Despite our commitment to high-quality service, such errors can happen due to factors like input data quality, AI model limitations, or technical issues. Pixu continuously works on enhancing our technology but cannot guarantee perfect outcomes for every request. Users should be prepared for these potential variances and understand that Pixu does not offer automatic refunds or credits for these instances. Feedback on any such issues, however, is always welcome to aid in our ongoing service improvement.

4.8 By accepting our Terms, you agree to not hold Pixu liable for the above mentioned limitations and other limitations, which are related to the quality of our Service and will not request charge backs and refunds.

5. User Content

5.1. All User Content must comply with local laws/regulations, respect third-party rights, and adhere to commonly accepted social norms.

5.2 In order to maintain the utmost amount of privacy, we retain only the necessary User Content, which is required in order to operate the Service.

5.3 (Updated on 21-Oct-2024) Pixu will retain User Content on its servers for a maximum of 24 hours from the time it is either uploaded or generated by the User. After this period, User Content is scheduled for deletion and will no longer be accessible. Users should be aware that Pixu Creator Studio is not a file storage service; therefore, it is the sole responsibility of the User to download and back up any content they wish to keep before the 24-hour window expires.

5.4 (Updated on 21-Oct-2024) By using Pixu Creator Studio Services, you accept that all User Content is your sole responsibility. This includes, but is not limited to, editing, uploading, posting, sharing, emailing, or otherwise transmitting or making available User Content. Pixu Creator Studio does not guarantee the storage or retention of User Content beyond the stated 24-hour period. Please download any User Content that you consider important within this time frame. Pixu Creator Studio is not responsible for any content that is lost or deleted due to this policy.

5.5 We prohibit the upload of User Content that:

- In any way that violates any applicable national, federal, state, local or international law or regulation;

- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way;

- To generate or disseminate verifiably false information and/or content with the purpose of harming others;

- To generate or disseminate personal identifiable information that can be used to harm an individual;

- To defame, disparage or otherwise harass others;

- For fully automated decision making that adversely impacts an individual’s legal rights or otherwise creates or modifies a binding, enforceable obligation;

- For any use intended to or which has the effect of discriminating against or harming individuals or groups based on online or offline social behavior or known or predicted personal or personality characteristics;

- To exploit any of the vulnerabilities of a specific group of persons based on their age, social, physical or mental characteristics, in order to materially distort the behavior of a person pertaining to that group in a manner that causes or is likely to cause that person or another person physical or psychological harm;

- For any use intended to or which has the effect of discriminating against individuals or groups based on legally protected characteristics or categories;

- To provide medical advice and medical results interpretation;

- To generate or disseminate information for the purpose to be used for administration of justice, law enforcement, immigration or asylum processes, such as predicting an individual will commit fraud/crime commitment (e.g. by text profiling, drawing causal relationships between assertions made in documents, indiscriminate and arbitrarily-targeted use).

5.6 We do not manually pre-screen User Content but reserve the right to refuse, remove, or move any User Content at its sole discretion, either permanently or temporarily, if it violates our Terms. You are responsible for any risks associated with using our Service, including the safety and accuracy of generated images.

6. License From User to Pixu

6.1 By uploading Content to Pixu Creator Studio, you agree to make this User Content available for use within our service. We do not claim ownership of your content, but you grant us a license to use it. Nothing is changing about your rights to the User Content. We do not claim ownership of your User Content. However, we need certain legal permissions from you (known as a “license”) to provide our Service to you. When you upload content that is covered by intellectual property rights (like photos or videos) on or in connection with our Service, you hereby grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, modify, run, copy, display, translate, and create derivative works of your content (consistent with your privacy and application settings). This license will end when your content is deleted from our systems. You can delete content individually or all at once by deleting your account.

6.2 You retain full ownership of the User Content you upload. You are responsible for ensuring that your User Content does not breach any existing rights or contractual agreements.

6.3 Any User Content containing third-party intellectual property must have sufficient authorization, and such authorization shall allow Pixu Creator Studio to use the User Content without further consent from the intellectual property owner.

6.4 Content removal will be processed within a 60-day "Buffer Period."

6.5 Rights granted to Pixu Creator Studio may be inherited, transferred, or taken over in the event of a merger, acquisition, sale, insolvency, bankruptcy, or receivership.

6.6 Users are prohibited of uploading images of minors (an individual who has not yet reached the legal age of adulthood as defined by the law)

If you encounter any content on our platform that violates these guidelines, please send us an email at support@pixu.ai

7. License from Pixu to User

7.1 Pixu provides the User with complete liberty to employ the Pixu Creator Studio for generating their Original Works for any purpose, including commercial and non-commercial applications. There are no restrictions on the use or distribution of the Original Works, regardless of the context. Pixu grants the User an unrestricted, global, non-exclusive, sublicensable, and transferable right to utilize the Pixu Creator Studio for the creation of their Original Works. This encompasses all forms of use, including but not limited to commercial, non-commercial, educational, and personal purposes.

7.2 sers are free to use, copy, modify, distribute, and display their Original Works created using Pixu Creator Studio without any limitations on the number of copies, geographical location, or purpose of use. This freedom extends to all forms of media and channels of distribution.

7.3 No Attribution Required - While Pixu appreciates attribution, it is not a requirement. Users may credit Pixu at their discretion.

7.4 No Limit on Reproduction - There is no cap on the number of copies or reproductions of the Original Works. Users have the liberty to reproduce their works as needed for any purpose.

7.5 No Claim on Future Use - Pixu acknowledges that once an Original Work is created by the User, Pixu lays no claim to its usage, distribution, or commercialization, regardless of the setting. Pixu will not seek compensation or assert any rights over the use of the Original Works in any context.

8. Pay As You Go Credits and Subscriptions

8.1 Credits constitute the virtual tokens utilized within Pixu Creator Studio, facilitating access to a broad spectrum of services available on the platform. These Credits are designed to enhance user experience by providing a flexible and convenient means to engage with our Services.

8.2 Credit are available in various options to suit different needs and preferences. These can be purchased by visiting the Pixu Creator Studio Pricing page at https://pixu.ai/pixu/pricing, where a detailed overview of all available plans is provided.

8.3 Credits can be purchased as part of a Subscription or as a one time payment (PAUG).

8.4 Users of Pixu Creator Studio can purchase PAUG Credits or Subscriptions directly from their account page or from .

8.5 Pay As You Go Credits are obtainable via a single one time payment.

8.6 Pixu autonomously determines the price for our Subscriptions. All Subscriptions require payment in advance. Pixu holds the discretion to change subscription pricing at any time. Should these changes affect current Subscribtions, Users will be informed beforehand.

8.7 Subscribers should be aware that once subscription fees are processed through Pixu Digital Studio’s platform, they are not subject to refunds or cancellations. For payments processed via external platforms like the Apple App Store, the refund and payment policies of those platforms will be applicable.

8.8 Subscription fees are billed in the currency and amount shown on the Subscription plan chosen, unless Pixu Digital Studio specifies otherwise. Unless law dictates otherwise, all fees do not include taxes (such as VAT, sales tax, goods and services tax, etc.), duties, or levies imposed by tax authorities, and these are the Member’s obligation. Should Pixu Digital Studio need to collect or remit Taxes on a Member's fees, these Taxes will be added to the bill and reflected on the transaction invoice.

8.9 Users give Pixu Digital Studio the right (or its affiliates, subsidiaries, or third parties) to process payment via payment partners or directly from the User's bank account. This includes conducting necessary checks to validate the Subscribers' payment or financial details for efficient processing, inclusive of obtaining updated payment information from payment providers, credit card companies, or banks.

8.10 Terminating a Users account, may result in the loss of data, capabilities, or account features. Pixu Digital Studio is not responsible for such losses or for providing data backups.

8.11 Following the end of a Subscription, Subscribers will no longer have access to Pixu Creator Studio.

8.12 Subscription credits are available through the monthly subscription plans, which come in several pricing classes. Subscription Credits are cumulative, rolling over to the next month if not used. Upon cancellation of the subscription, any remaining Subscription Credits expire at the end of the Subscription period.

8.13 Business credits are tailored towards users requiring high volumes of Credits, offering a cost-effective solution.

These Credits function similarly to Pay As You Go Credits but are designed for business-scale usage.

8.13 Subscribers to Pixu's can purchase Pay As You Go Credits at the price corresponding to their most favourable active subscription.