Terms of Service

Agreement to Terms

Welcome to Pixoary! These Terms of Service ("Terms") govern your use of our AI creative studio platform and services. By accessing or using Pixoary, you agree to be bound by these Terms.

If you do not agree to these Terms, please do not use our services. We may update these Terms from time to time, and your continued use constitutes acceptance of any changes.

Description of Service

Pixoary is an AI-powered creative platform that provides the following services:

• AI Model Training: Create personalized AI models from your uploaded images
• Image Generation: Generate high-quality images using AI technology
• Video Creation: Transform images into dynamic video content
• Image Enhancement: Upscale and improve image quality using AI
• Content Management: Store, organize, and download your created content

User Accounts and Registration

• Account Creation: You must provide accurate and complete information when creating an account
• Account Security: You are responsible for maintaining the confidentiality of your account credentials
• Age Requirement: You must be at least 18 years old to use our services
• One Account Per User: Each user may maintain only one active account
• Account Termination: We reserve the right to suspend or terminate accounts that violate these Terms

Acceptable Use Policy

You agree NOT to use our services for:

• Illegal Activities: Any unlawful purpose or activity prohibited by law
• Harmful Content: Creating content that promotes violence, hatred, or discrimination
• NSFW or Sexually Explicit Content: Pixoary strictly prohibits the creation, upload, training, or distribution of any sexually explicit content, pornography, nudity, implied nudity, 'undressing' or 'nudification' content, erotic content, fetish content, or any material intended for sexual gratification. This includes AI-generated, AI-modified, or user-uploaded material.
• Non-Consensual Content and Identity Manipulation: You may not create, upload, or distribute AI-generated content depicting real individuals, including public figures, without their documented explicit consent. This includes:
  • Deepfakes
  • Impersonations
  • Lookalike models
  • Identity-based manipulation
  • 'Undress' or sexualized transformations
  • Any use of a person's likeness without permission
• Intellectual Property Infringement: Using copyrighted or trademarked material without permission
• Spam or Abuse: Excessive use, automated requests, or attempts to circumvent usage limits
• Reverse Engineering: Attempting to reverse engineer, decompile, or extract our AI models

Minor Protection Policy

Any content involving minors (anyone under 18) is strictly prohibited. This includes:

• Real or AI-generated depictions of minors
• Child-like characters
• Images of minors used in model training
• Any scenario where a minor is shown in a sexual, suggestive, or inappropriate context

Violations result in immediate permanent account termination and possible reporting to authorities.

Model Training Rules

Users may only train models on images they own or have rights to. Training models on real individuals without explicit consent is strictly prohibited.

Moderation Rights

Pixoary reserves the right to monitor, review, and moderate all user-generated content, models, and uploads for safety and compliance. We may remove content, disable models, or suspend accounts at our sole discretion.

Payment Terms and Billing

Subscription Plans

• Monthly Billing: Subscriptions are billed monthly in advance
• Auto-Renewal: Subscriptions automatically renew unless canceled
• Token Allocation: Monthly tokens are added to your account upon successful payment
• Cancellation: You may cancel your subscription at any time through your account settings

Token Purchases

• One-Time Purchases: Additional tokens can be purchased as needed
• No Expiration: Purchased tokens never expire
• Non-Refundable: Token purchases are final and non-refundable
• Usage Priority: Purchased tokens are used before monthly subscription tokens

Intellectual Property Rights

Your Content

• Ownership: You retain ownership of images you upload and content you generate
• License to Us: You grant us a limited license to process your content to provide our services
• Responsibility: You are responsible for ensuring you have rights to all uploaded content
• Commercial Use: You may use generated content for commercial purposes

Our Platform

• Platform Ownership: Pixoary and its technology remain our exclusive property
• AI Models: The underlying AI technology and models are proprietary
• Trademarks: Pixoary name, logo, and branding are our trademarks

Service Availability and Limitations

• Service Availability: We strive for 99.9% uptime but cannot guarantee uninterrupted service
• Maintenance: We may temporarily suspend service for maintenance and updates
• Usage Limits: Token-based usage limits apply based on your subscription plan
• Fair Use: Excessive or abusive usage may result in service limitations

Privacy and Data Protection

Your privacy is important to us. Our data practices are governed by our Privacy Policy, which is incorporated into these Terms by reference.

• Data Processing: We process your data only as necessary to provide our services
• Data Security: We implement industry-standard security measures to protect your data
• Data Deletion: You may request deletion of your data at any time
• GDPR Compliance: We comply with applicable data protection regulations

Disclaimers and Limitations of Liability

IMPORTANT DISCLAIMERS:

• "AS IS" Service: Our services are provided "as is" without warranties of any kind
• AI Limitations: AI-generated content may not always meet your expectations
• No Guarantees: We do not guarantee specific results or quality of generated content
• Limited Liability: Our liability is limited to the amount you paid for the service

Termination

• Your Right to Terminate: You may terminate your account at any time through account settings
• Our Right to Terminate: We may suspend or terminate accounts that violate these Terms
• Effect of Termination: Upon termination, your access to the service will cease
• Data Retention: We will retain your data for 30 days after termination for recovery purposes

Governing Law and Disputes

• Governing Law: These Terms are governed by the laws of the European Union
• Dispute Resolution: Disputes will be resolved through binding arbitration when possible
• Jurisdiction: Courts of the European Union have jurisdiction over any legal proceedings
• Class Action Waiver: You agree to resolve disputes individually, not as part of a class action

Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of significant changes via email or through our platform. Changes become effective 30 days after notification. Your continued use of Pixoary after changes take effect constitutes acceptance of the updated Terms.

Contact Information

If you have any questions about these Terms of Service, please contact us:

Legal Inquiries:
Email: legal@pixoary.com
Subject: Terms of Service Question

General Support:
Email: support@pixoary.com
Response Time: Within 24 hours

Severability and Entire Agreement

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect. These Terms, together with our Privacy Policy, constitute the entire agreement between you and Pixoary regarding the use of our services.