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Terms of Use

 

Date: 04/23/2024

 

We are Pixtuner (“we,” “us,” or “our”), operates the website pixtuner.com (the “Site”), the mobile application PixTuner (the “App”), as well as any other related products and services that refer or link to these legal terms (the “Legal Terms”) (collectively, the “Services”).

 

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and us, and concerning your access to and use of the Services. 

 

By using our App, you acknowledge and agree that the App may be distributed by us as well as authorized resellers, the distribution activities of which are subject to the terms and conditions set forth in these Legal Terms.

 

You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

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We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms from time to time. We will alert you about any changes by updating the “Last updated” date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.  

 

By using our Services, you affirm that you are 18 years of age or older, or you are a parent or guardian providing consent for a minor's use of the Services. If we discover any personal information collected from a minor without proper consent, we will promptly delete it from our databases. Please contact us immediately at support@pixtuner.com if you believe we have collected personal information from an individual under 18.

 

1. OUR SERVICES


The App harnesses the power of artificial intelligence ("AI")-driven functionalities to elevate your image quality effortlessly. Our focus is on enhancing your photos with precision, offering features that automatically refine resolution, enhance details, and fine-tune colors. Within our application, you have the capability to seamlessly transform black and white images into vibrant color renditions, refine facial features, and effortlessly correct yellowish tints. Fueled by cutting-edge AI photo restoration technology, App empowers you to swiftly eliminate imperfections from aged or damaged photos, including scratches, tears, spots, dust, and sepia tones. Moreover, you can breathe new life into your memories by converting static photos into dynamic, moving videos, and infusing portraits with captivating animation.

 

Usage of the app for generating harmful content or for the following purposes is strictly prohibited: research/development of artificial intelligence, particularly for generating training data; military applications; pornography; gambling/betting; terrorism; and dissemination of 'fake news'. Additionally, it is strictly prohibited including but not limited to utilize the app to incite, promote, or compel unlawful violence or physical harm to individuals or property, or to incite, promote, or compel unlawful force against any group based on race, religion, disability, gender, sexual orientation, or national origin.

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Subject to your compliance with these Legal Terms, you are granted a non-exclusive, limited, non-transferable, freely revocable license to access and use the Service for personal use. We reserve all rights not expressly granted under these Legal Terms. Each person must have a unique account and you are responsible for any activity conducted on your account. You may not allow any other party to access or use the Service with your unique username, password, or other security code. The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. 

 

You are responsible for any images, photos or other content you upload (Input) as well as the resulting material you generate, such as images,  photos or other content (Output). You are responsible for ensuring that your Input and Output complies with these Legal Terms. You also agree that you will not include any sensitive personal data (including data that reveals racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, health data or data concerning your sex life or sexual orientation) in any of your Input. You assume all risks associated with the use of your Input and Output. If your Input contains information relating to an identified or identifiable individual, you represent that your collection and use of it complies with all applicable laws, including all laws regarding privacy and rights of publicity, and you remain responsible for any disclosure of your Input that personally identifies you or any third party. We reserve the right (but have no obligation) to review any Input, and to investigate and/or take appropriate action against you in our sole discretion if you violate any provision of these Legal Terms.

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We will not make any copyright ownership claim over your Input or Output. You may use your Output for any legal purpose, provided that you comply with these terms and that you accept that any such use is at your own risk. When using Output, you have to mention that the content is AI-generated.

 

In the event that any of your Input or Output is alleged to be unlawful or otherwise in breach of these terms, you acknowledge that we may disclose such content to law enforcement or other governmental authorities, or in response to a court order. We may impose limits on the number of Outputs you can create with our app.  

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DISCLAIMER. Please note that we make no representations or warranties of any kind as to the accuracy, currency, or completeness of the information and other materials made available through the App and Services. We are not liable for any decisions you may make in reliance on this content.

 

IMPORTANT. THE OUTPUT GENERATED BY OUR APP IS CREATED BY AN AI SYSTEM AND IS INTENDED SOLELY FOR INFORMATIONAL PURPOSES. WHILE WE STRIVE TO PROVIDE ACCURATE AND USEFUL INFORMATION, THE AI-GENERATED CONTENT SHOULD NOT BE CONSIDERED EXPERT ADVICE OR A SUBSTITUTE FOR PROFESSIONAL JUDGMENT. YOU ARE SOLELY RESPONSIBLE FOR VERIFYING THE ACCURACY, COMPLETENESS, AND SUITABILITY OF THE AI-GENERATED OUTPUT FOR YOU SPECIFIC NEEDS. BY USING THE APP, YOU ACKNOWLEDGE AND AGREE THAT ANY RELIANCE ON THE INFORMATION PROVIDED BY THE AI IS AT YOUR OWN RISK. THE AI-GENERATED CONTENT PROVIDED BY THIS APPLICATION DOES NOT CONSTITUTE LEGAL, HEALTH, FINANCIAL, OR ANY OTHER FORM OF PROFESSIONAL ADVICE. USERS SHOULD SEEK THE ADVICE OF QUALIFIED PROFESSIONALS FOR SPECIFIC CONCERNS OR DECISIONS. BY USING THIS APP, YOU AGREE TO THESE TERMS AND ACKNOWLEDGE YOUR RESPONSIBILITY TO VERIFY AND VALIDATE THE AI-GENERATED CONTENT FOR YOUR PURPOSES. 

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2. INTELLECTUAL PROPERTY RIGHTS


We own or license all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”) protected by copyright and trademark laws. They are provided "AS IS" for personal, non-commercial use only. Except as stated, all rights are reserved, and no part may be exploited without our written permission. Breach of these rights terminates your use immediately.

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By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. We own and can use Submissions for any lawful purpose without acknowledgment or compensation to you. You're responsible for your Submissions and agree to reimburse us for any losses due to your breach of this section, third-party intellectual property rights, or applicable law. 

 

3.  USER REGISTRATION

     

You are required to register and create an account to use the  App. You must provide us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of these Legal Terms. You agree to keep your password confidential and will be responsible for all use of your account and password. For your username, you may not use the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

     

4. PURCHASES, PAYMENT AND SUBSCRIPTIONS

 

4.1. Purchase and Payment. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. We may change prices at any time. You agree to pay all charges at the prices then in effect for your purchases and any applicable fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order.

     

4.2. Billing and Renewal. Your subscription will continue and automatically renew unless canceled. You consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. The length of your billing cycle will depend on the type of subscription plan you choose when you subscribed to the Services. The initial payment for the subscription may be offered at a discounted or promotional price. Subsequent payments may be subject to higher prices as outlined in the subscription plan or as updated by us from time to time. By agreeing to these terms, the user acknowledges and accepts the possibility of fluctuating subscription fees after the initial payment.

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4.3. Free Trial and Subscription Clause. Your subscription may include a 3-day (or other term) free trial. During this trial period, your payment method will be authorized for the subscription amount, but you will not be charged. After the trial ends, you will be automatically charged the regular subscription price. You can cancel your subscription via your account settings (see section 4.4). If you are charged, you may request a refund (see section 4.5 and 4.6.).

 

4.4. Cancellation. You may cancel your subscription at any time. To avoid being charged for the next billing cycle, you must cancel at least 24 hours before the end of the current subscription period by writing to us at support@pixtuner.com or via your account settings. Your cancellation will take effect at the end of the current paid term. Deleting the app does not cancel your subscriptions.

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4.5. Free Trial. Your subscription may include a free trial. During this trial period, your payment method will be authorized for the subscription amount, but you will not be charged. After the trial ends, you will be automatically charged the regular subscription price. You may cancel your free trial at any time before the end of the trial period to avoid being charged. It is your responsibility to keep track of the trial period's end date to avoid unwanted charges. We reserve the right to modify or terminate trial offers at any time without prior notice. 

 

4.6. Paid Trial. A paid trial is not an offer for a subscription at a special price. It provides short-term paid access to the App. By signing up for a paid trial, you gain access to the App for the specified trial period. If you do not cancel before the trial ends, your payment method will be automatically charged the standard subscription rate. You may cancel anytime during the trial to avoid charges.

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4.7. Upgrade or Upsell Offers. We may offer upgrades, upsells, or other enhancements to improve your experience. These offers are optional and may require additional payment.

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4.8. Refunds. We are committed to ensuring customer satisfaction with our App. Therefore, we offer a 14-day money-back guarantee on the purchase made through our website or directly from us. If you are not completely satisfied with your purchase, you may request a refund within 14 days of the initial purchase date by contacting our customer support team at support@pixtuner.com.

 

In certain situations, we may consider case-by-case partial refunds or prolongation of the subscription period. This will be evaluated based on individual circumstances and at our own discretion. We encourage you to contact our customer support team to discuss your specific case. 

 

4.6. App Store Purchase. Please note that your refund eligibility may differ if the purchase was made through a third party (e.g. App Store, a service provider, a reseller, etc.). For more information and to review your offer terms, please contact your service provider or reseller directly. We cannot provide refunds for purchases made through third-party retailers or resellers. Refer to Request a refund for apps or content that you bought from Apple for Apple App Store purchases.

 

5. PROHIBITED ACTIVITIES

 

You agree to use the Services only for their intended purpose and in compliance with laws and regulations. The Services are not for commercial use unless specifically approved by us.

You must not: (1) decompile, reverse engineer, or attempt to decrypt the App; (2) modify, adapt, or create derivative works from the App; (3) violate laws or regulations in using the App; (4) remove or alter any proprietary notices; (5) use the App for revenue-generating purposes not intended by us; (6) share the App on networks allowing simultaneous access by multiple users; (7) create competitive products using the App; (8) send automated queries or unsolicited commercial emails through the App; or (9) use our intellectual property without permission.

You confirm not being in a country under US government embargo or designated as "terrorist supporting," and not listed on any US government prohibited parties list. Third-party terms apply when using the app.

       

6. THIRD-PARTY WEBSITES AND CONTENT

     

The Services may include links to Third-Party Websites and Third-Party Content. We do not investigate or monitor these links for accuracy, appropriateness, or completeness. We are not responsible for the content, accuracy, or policies of Third-Party Websites or Third-Party Content. Inclusion of these links does not imply our endorsement. You access Third-Party Websites and use Third-Party Content at your own risk. You should review the terms, policies, and practices of any third-party website. Purchases made through Third-Party Websites are between you and the third party, and we are not responsible for these transactions. We do not endorse products or services offered on Third-Party Websites, and we are not liable for any harm resulting from Third-Party Content or contact with Third-Party Websites.

 

7. PRIVACY POLICY

    

We care about data privacy and security. Please review our Cookie Policy and Privacy Policy (together ‘Policies’). By using the Services, you agree to be bound by our Policies, which is incorporated into these Legal Terms. 

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8. TERM AND TERMINATION

 

These Legal Terms remain effective while you use the Services and have an active Subscription. You can terminate your account at any time via your account settings or writing us at support@pixtuner.com. We reserve the right to deny access to the Services, without notice or liability, for any reason or no reason, including breaches of these Legal Terms or applicable laws. We may terminate your use of the Services or delete your account and any associated content at any time, without warning. If your account is terminated or suspended, you are prohibited from creating a new account under any name, including third-party names.

 

9. MODIFICATIONS AND INTERRUPTIONS

 

We reserve the right to change, modify, or remove the contents of the Services at our discretion without notice. We may also modify or discontinue all or part of the Services without notice. We will not be liable for any such changes or discontinuation. We cannot guarantee uninterrupted availability of the Services due to potential hardware, software, or maintenance issues. You agree that we are not liable for any inconvenience caused by service interruptions. We are not obligated to maintain, support, or provide updates for the Services.

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10. GOVERNING LAW AND DISPUTE RESOLUTION

       

If you are a resident of the European Union or United Kingdom, these Legal Terms are governed by and construed in accordance with the laws of England and Wales, to the exclusion of the conflicts of laws provisions thereof.In the event any disputes, differences or controversies arise between the Parties in connection with this Agreement, both Parties shall thoroughly explore all possibilities for the amicable settlement and attempt informal negotiations for at least 30 business days. In case an amicable settlement cannot be reached, all disputes or controversies arising out of or in connection with this Agreement shall be referred to and finally resolved by arbitration in London under the rules of the London Court of International Arbitration (LCIA), which rules are deemed to be incorporated by reference into this clause. The seat, or legal place, of arbitration shall be London. The language of the arbitration shall be English, and the number of arbitrators shall be one.

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If you are a resident of the United States of America, then the laws of the State of California are applicable for you. The United Nations Convention on Contracts for the International Sale of Goods and similar laws in other jurisdictions do not apply. To streamline dispute resolution, both parties agree to attempt informal negotiations for at least 30 business days. If negotiations fail, disputes will be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration will be conducted by a single arbitrator chosen by us and will take place in California or another US location chosen by us. The arbitrator will apply California laws unless otherwise determined by us. The arbitrator's decisions are binding and enforceable in court.

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Additionally, both parties waive their right to participate in class action lawsuits and agree to resolve disputes individually rather than as part of a class action.

 

11. DISCLAIMER

 

The Services are provided "as is" and "as available." Your use of the Services is at your own risk. We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the Services' content or linked websites or applications. We assume no liability for errors, personal injury, unauthorized access to secure servers, transmission interruptions, bugs, viruses, or omissions in content. We do not endorse or guarantee third-party products or services advertised through the Services. Use your best judgment and caution when engaging with third-party providers.

 

12. LIMITATIONS OF LIABILITY

 

We and our directors, employees, contractors, or agents will not be liable to you or any third party for any damages arising from your use of the Services, including lost profit, revenue, data, or other damages, even if we have been advised of the possibility of such damages. Our liability to you will be limited to the lesser of the amount paid by you to us during your subscription term, but no more than $100. Certain laws may not allow limitations on implied warranties or the exclusion of certain damages, so some of these limitations may not apply to you.

  

13. INDEMNIFICATION

 

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, officers, agents, partners, and employees, from any loss, damage, liability, claim, or demand arising from: (1) your use of the Services; (2) breach of these Legal Terms; (3) breach of your representations and warranties in these Legal Terms; (4) violation of third-party rights, including intellectual property rights; or (5) harmful acts toward other users connected via the Services. We reserve the right to assume exclusive defense of any matter requiring indemnification, and you agree to cooperate at your expense. We will make reasonable efforts to notify you of any such claims.

 

14. MISCELLANEOUS

 

These Legal Terms constitute the entire agreement between you and us. Our failure to enforce any provision of these Legal Terms does not waive our rights. These Legal Terms operate to the fullest extent allowed by law. We may assign our rights and obligations to others at any time. We are not liable for events beyond our control. If any provision of these Legal Terms is deemed unlawful or unenforceable, it does not affect the validity of the remaining provisions. These Legal Terms do not create a joint venture, partnership, employment, or agency relationship between you and us.

 

15. CONTACT US

 

In order to receive further information regarding use of the Services, please contact us at support@pixtuner.com.

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