TERMS OF USE
(Last updated on March 17, 2023)


The following Terms of Use (“Terms”) apply when you use the Pixo app (the “App”) or the service provided via the App (the “Service”), sometimes collectively referred to as the “App.” This Terms sets out the legal terms between you (either an individual or legal entity) and the developer of Pixo (“Administration” or “we” or “us” or "Pixo").

Please review these Terms carefully. By using our App and the service provided via the App (“Service”), you consent to our Terms of Use (“Terms”). If you don’t agree, please don’t use the App.

ABOUT THE APP

The App allows users to create instant photos, called Pixo's, using their photo content (“User Content”). These Pixo's can be exported for sharing on other platforms. Also, please note that the App is under constant development. New features may be added frequently, so it’s important to check back to this page for updates.

You may be able to make in-App purchases, in which case the fee is collected via Apple. We also offer a Pixo PRO subscription. More information regarding Pixo PRO is stated below.

FREE TRIAL TO PIXO PRO

Pixo provides a free trial period for Pixo PRO during which you can use all features for a limited period of time. You can manage or cancel the trial subscription through your App Store account.

Please note: We cannot cancel your trial for you. If you wish to modify or cancel subscriptions/trials for apps, please navigate to the App Store app → Press your profile photo in the top right → Subscriptions.

PAYMENTS, REFUNDS & CANCELLATION

Pixo PRO is provided through the Apple App Store on a paid subscription basis. Pixo’s rate for Pixo PRO is listed in the App and on the App Store. Pixo reserves the right to modify its rate at any time and/or to offer special promotions. Pixo cannot issue refunds for services; Apple reserves this ability for themselves only. Pixo does not send invoices to its customers (since Pixo does not bill you); Apple reserves this ability for themselves only. You have confidential access to your account balance information through the App Store. If you have a billing dispute, you must contact the App Store to seek a remedy.

You may discontinue Pixo PRO at any time by contacting the App Store. You will not be entitled to any refund of unused balances if you discontinue service. Additionally, you will remain responsible for payment of all charges for services rendered up through the date you discontinue service.

Please note: We cannot cancel your subscription for you. If you wish to modify or cancel subscriptions/trials for apps, please navigate to the App Store app → Press your profile photo in the top right → Subscriptions.

CONTENT AND RESTRICTIONS

Your User Content belongs to you. By publicly sharing any User Content created using the Service, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to Pixo a royalty-free, sub-licensable, transferable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly display, and make derivative works, without any further consent, notice and/or compensation to you or others.

Other users may access and share your User Content if you share it via, for example, social media platforms such as Instagram.

If you wish to remove your User Content from the App, simply delete it from the App, or delete the App from your device.

Pixo is not responsible for any public display or misuse of your User Content. Pixo does not, and cannot, pre-screen or monitor User Content.

AGE RESTRICTION

You need to be at least 13 years old to use the App.

USE RESTRICTIONS

Your permission to use the App is conditioned upon the following restrictions and conditions.

You agree that you will not:

  • attempt to decipher, reverse engineer, decompile, or disassemble any portion of the App or the software used to provide the Service;

  • use, display, mirror or frame the App or any individual element within the App, Company’s name, any Company trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page or within the App, without Company’s express written consent;

  • attempt to probe, scan or test the vulnerability of any Company system or network or breach any security or authentication measures;

  • avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure (including watermarks) implemented by Company or any of Company’s providers or any other third party (including another user) to protect the App;

  • remove any copyright or other proprietary notices from materials provided within the App;

  • use any meta tags or other hidden text or metadata utilizing a Company trademark, logo URL or product name without Company’s express written consent;

  • use the App in any manner not permitted by these Terms;

  • impersonate or misrepresent your affiliation with any person or entity;

  • use the App for any unlawful purpose or for the promotion of illegal activities;

  • use the App to attempt to, or harass, abuse or harm another person or group;

  • use another user’s account without permission;

  • interfere or attempt to interfere with the proper functioning of the App;

  • make any automated use of the App, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;

  • use the App to post content that is offensive, obscene, or could constitute or contribute to a criminal or civil offense, including copyright and other intellectual property right violations;

  • use the App in a manner which would or would likely incite, promote or support discrimination or incite or promote hostility or violence;

  • publish or link to malicious content intended to damage or disrupt another user’s browser, computer, or mobile device; or

  • encourage or enable any other individual to do any of the foregoing.

MONITORING AND COMPLIANCE

Although the Company is not obligated to monitor access to or use of the App, we have the right to do so for the purpose of operating the Service, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable your access to the App, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any User Content you upload in connection with the App to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Service. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

INTELLECTUAL PROPERTY

Unless otherwise indicated, the App is our proprietary property and all source code, databases, functionality, software, designs, audio, video, text, photographs, and graphics in the App (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.

Except as expressly provided in these Terms, no part of the App and no Company Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

The Company reserves all rights that are not expressly granted to you under these Terms.

CONTRIBUTIONS TO COMPANY

By submitting ideas, suggestions, documents, and/or proposals (“Contributions”) to Company through its website, email, or social media accounts, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Company is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Company shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Company may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of Company without any obligation of Company to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Company under any circumstances.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the Company from any and all claims, liabilities, expenses, and damages, including reasonable attorneys' fees and costs, made by any third party related to: (a) your use or attempted use of the App or Service; (b) your violation of any law or rights of any third party; or (c) User Content, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.

ONLINE CONTENT DISCLAIMER

Opinions, advice, statements, offers, or other information or content made available through the App, but not directly by the Company, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content.

The Company does not guarantee the accuracy, completeness, or usefulness of any information in the App and neither does the Company adopt nor endorse, nor is the Company responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than the Company. The Company takes no responsibility and assumes no liability for any User Content that you or any other user or third-party posts or sends using the App. Under no circumstances will the Company be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted using the App.

WARRANTY DISCLAIMER

THE APP AND SERVICE ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE APP AND SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE APP OR SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR UPLOADING, DOWNLOADING, AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL SENT TO OR OBTAINED VIA THE APP OR SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.

LIMITATION OF DAMAGES - RELEASE

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE APP OR SERVICE; (C) THE APP OR SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE APP AND SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH THE COMPANY OR ANY OTHER USER OF THE APP OR SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), FRAUD, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL COMPANY’S LIABILITY TO YOU EXCEED $10. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.

MODIFICATION OF TERMS OF USE

The Company can amend these Terms at any time. It’s your responsibility to check the App from time to time to view any such changes. If you continue to use the App, you show your agreement to our revisions to these Terms. Any changes to these Terms (other than as set forth in this paragraph) or waiver of the Company’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of the Company. No purported waiver or modification of these Terms by the Company via telephonic or email communications shall be valid.

PRIVACY POLICY

The Company respects the privacy of its users. Please refer to our Privacy Policy, which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the App, you show that you agree to this Privacy Policy.

GENERAL TERMS

If any part of these Terms is held invalid or unenforceable, that portion of the Terms will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of the Company to enforce any provision of these Terms will not be considered a waiver of our right to enforce such provision. Our rights under these Terms will survive any termination of these Terms.

You agree that any legal action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS NEITHER YOU NOR THE COMPANY MAY JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER USERS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.

If you attempt to bring any legal action against the Company based in any way on the App or Service you agree that, in the event you do not prevail or the Company does prevail, you will reimburse the Company for any costs and attorneys’ fees associated with its defense of the action.

The Company may assign or delegate these Terms and/or the Company’s Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms or Privacy Policy without the Company’s prior written consent, and any unauthorized assignment and delegation by you is void.

YOUR AGREEMENT TO THE TERMS

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, UNDERSTAND THE TERMS, AND WILL BE BOUND BY THESE TERMS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS TOGETHER WITH THE PRIVACY POLICY REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.