Terms of Use
Last Update: November 29, 2023
THIS TERMS OF USE AGREEMENT (the "Agreement") constitutes a legally binding agreement between Pikzels Ltd liab Co, a limited liability company organized under the laws of Switzerland ("Pikzels"), and the users of its AI image-generating tool (the "Users"), regarding access to and use of the AI tool (the "Tool") and any other media form, channel, mobile website, or mobile application related, linked, or otherwise connected thereto. This Agreement sets forth the legally binding terms and conditions governing the Users’ use of the Tool. Failure to agree with and adhere to all terms, conditions, and obligations herein will result in the immediate termination of the User's access to the Tool and the cessation of this Agreement.
1. Intellectual Property Rights
Unless otherwise indicated, the Tool and all content generated by the Tool, including but not limited to texts, images, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code (collectively, the "Content"), are owned, controlled, or licensed by Pikzels. The Content is protected by copyright, trademark, and other intellectual property rights and laws. Except as expressly provided in this Agreement, no part of the Tool and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without Pikzels' express prior written consent.
Unless otherwise indicated, the Tool and all content generated by the Tool, including but not limited to texts, images, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code (collectively, the "Content"), are owned, controlled, or licensed by Pikzels. The Content is protected by copyright, trademark, and other intellectual property rights and laws. Except as expressly provided in this Agreement, no part of the Tool and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without Pikzels' express prior written consent.
2. User Responsibility for Copyrighted Content
In using the Tool to create Projects, Users must respect intellectual property rights and ensure all content, including images and characters, complies with legal requirements. Users are solely responsible for avoiding the unauthorized use of copyrighted materials, including but not limited to cartoon characters, celebrities, famous artwork, trademarked logos, or any proprietary content. Pikzels is not liable for the inclusion of such materials in Users' Projects. It is the User's responsibility to ensure they have the necessary rights or licenses for any third-party assets used. In case of legal issues arising from the use of copyrighted or proprietary materials, the User agrees to indemnify and hold harmless Pikzels against any claims, damages, expenses, or liabilities.
In using the Tool to create Projects, Users must respect intellectual property rights and ensure all content, including images and characters, complies with legal requirements. Users are solely responsible for avoiding the unauthorized use of copyrighted materials, including but not limited to cartoon characters, celebrities, famous artwork, trademarked logos, or any proprietary content. Pikzels is not liable for the inclusion of such materials in Users' Projects. It is the User's responsibility to ensure they have the necessary rights or licenses for any third-party assets used. In case of legal issues arising from the use of copyrighted or proprietary materials, the User agrees to indemnify and hold harmless Pikzels against any claims, damages, expenses, or liabilities.
3. Ownership of Materials
All original content created by the Tool at the behest of the User, including but not limited to customized images and graphics ("Projects"), shall be the exclusive property of the User. However, Pikzels retains a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use such Projects for marketing, research, development, and other business purposes. This includes the right to modify, reproduce, distribute, display, and perform such Projects.
All original content created by the Tool at the behest of the User, including but not limited to customized images and graphics ("Projects"), shall be the exclusive property of the User. However, Pikzels retains a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use such Projects for marketing, research, development, and other business purposes. This includes the right to modify, reproduce, distribute, display, and perform such Projects.
4. Third-Party Assets Responsibility
In the event that any Project created using the Tool incorporates third-party assets that are not owned by Pikzels, such as fonts, images, or other materials necessitating a commercial license for legal use ("Third-Party Assets"), it is the sole responsibility of the User to ensure that they have obtained all necessary licenses and rights to use these Third-Party Assets. The User agrees to comply with any terms and conditions associated with these Third-Party Assets. Pikzels explicitly disclaims any responsibility or liability for the legal use of Third-Party Assets incorporated into the Projects by the User. In case of any legal issues or claims arising from the use of Third-Party Assets, the User agrees to indemnify and hold harmless Pikzels against any claims, damages, expenses, or liabilities.
In the event that any Project created using the Tool incorporates third-party assets that are not owned by Pikzels, such as fonts, images, or other materials necessitating a commercial license for legal use ("Third-Party Assets"), it is the sole responsibility of the User to ensure that they have obtained all necessary licenses and rights to use these Third-Party Assets. The User agrees to comply with any terms and conditions associated with these Third-Party Assets. Pikzels explicitly disclaims any responsibility or liability for the legal use of Third-Party Assets incorporated into the Projects by the User. In case of any legal issues or claims arising from the use of Third-Party Assets, the User agrees to indemnify and hold harmless Pikzels against any claims, damages, expenses, or liabilities.
5. User Representations
By using the Tool, Users affirm that they have the legal capacity and authority to enter into this Agreement and to comply with all terms herein. Users represent that they are not minors in their jurisdiction of residence and will not access the Tool through any automated, non-human means, whether through a bot, script, or otherwise. Users further covenant that their use of the Tool will not involve any illegal or unauthorized purpose and will not violate any applicable law or regulation.
By using the Tool, Users affirm that they have the legal capacity and authority to enter into this Agreement and to comply with all terms herein. Users represent that they are not minors in their jurisdiction of residence and will not access the Tool through any automated, non-human means, whether through a bot, script, or otherwise. Users further covenant that their use of the Tool will not involve any illegal or unauthorized purpose and will not violate any applicable law or regulation.
6. Prohibited Activities
Users are strictly prohibited from using the Tool for any purpose other than as intended by Pikzels. The Tool shall not be used for any commercial endeavors unrelated to the services provided by Pikzels. Users agree to refrain from engaging in prohibited activities, which include but are not limited to unauthorized access to the Tool, using the Tool to create or disseminate content that is illegal, offensive, racist, or controversial, data mining or scraping, interference with the Tool's security features, unauthorized linking or framing to the Tool, engaging in fraudulent or deceptive practices, disrupting the operations or network of Pikzels, competing with Pikzels, attempting to decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Tool, bypassing any measures Pikzels may use to prevent or restrict access to the Tool, harassing or threatening Pikzels’ employees or agents, removing copyright notices from any content, uploading or transmitting viruses or other harmful, disruptive, or destructive files, and engaging in any activity contrary to applicable laws and regulations.
Users are strictly prohibited from using the Tool for any purpose other than as intended by Pikzels. The Tool shall not be used for any commercial endeavors unrelated to the services provided by Pikzels. Users agree to refrain from engaging in prohibited activities, which include but are not limited to unauthorized access to the Tool, using the Tool to create or disseminate content that is illegal, offensive, racist, or controversial, data mining or scraping, interference with the Tool's security features, unauthorized linking or framing to the Tool, engaging in fraudulent or deceptive practices, disrupting the operations or network of Pikzels, competing with Pikzels, attempting to decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Tool, bypassing any measures Pikzels may use to prevent or restrict access to the Tool, harassing or threatening Pikzels’ employees or agents, removing copyright notices from any content, uploading or transmitting viruses or other harmful, disruptive, or destructive files, and engaging in any activity contrary to applicable laws and regulations.
7. User Feedback
Any and all feedback, comments, suggestions, ideas, enhancement requests, recommendations, or other information provided by Users in connection with the Tool ("Feedback") shall be solely owned by Pikzels. Users hereby assign to Pikzels all rights in the Feedback and agree that Pikzels shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Pikzels is under no obligation to maintain any Feedback in confidence, to pay compensation for any Feedback, or to respond to any Feedback.
Any and all feedback, comments, suggestions, ideas, enhancement requests, recommendations, or other information provided by Users in connection with the Tool ("Feedback") shall be solely owned by Pikzels. Users hereby assign to Pikzels all rights in the Feedback and agree that Pikzels shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Pikzels is under no obligation to maintain any Feedback in confidence, to pay compensation for any Feedback, or to respond to any Feedback.
8. Management and Oversight
Pikzels reserves the unequivocal right to monitor and supervise the use of the Tool to ensure compliance with these Terms of Use. Pikzels may, at its sole discretion, restrict access to the Tool, take any necessary legal action against anyone who violates the terms of this Agreement, and cooperate with law enforcement authorities in prosecuting Users who violate the law.
Pikzels reserves the unequivocal right to monitor and supervise the use of the Tool to ensure compliance with these Terms of Use. Pikzels may, at its sole discretion, restrict access to the Tool, take any necessary legal action against anyone who violates the terms of this Agreement, and cooperate with law enforcement authorities in prosecuting Users who violate the law.
9. Privacy Policy
By agreeing to these Terms of Use, Users acknowledge and consent to the collection and use of their information as outlined in Pikzels' Privacy Policy. The Tool is hosted and operated in Switzerland, and Users accessing the Tool from other jurisdictions do so at their own risk and are responsible for compliance with local laws pertaining to online conduct and acceptable content, including laws relating to the transmission of data exported from the country in which they reside.
By agreeing to these Terms of Use, Users acknowledge and consent to the collection and use of their information as outlined in Pikzels' Privacy Policy. The Tool is hosted and operated in Switzerland, and Users accessing the Tool from other jurisdictions do so at their own risk and are responsible for compliance with local laws pertaining to online conduct and acceptable content, including laws relating to the transmission of data exported from the country in which they reside.
10. No Refunds Policy
Pikzels operates with a strict no-refunds policy. This policy applies to both subscription fees and any additional credit purchases made within our Tool.
Pikzels operates with a strict no-refunds policy. This policy applies to both subscription fees and any additional credit purchases made within our Tool.
- Subscription Fees: Once a User subscribes to the Tool, no refunds will be issued for any subscription fees paid, regardless of the level of use or satisfaction with the Tool.
- Additional Credit Purchases: Any additional credits purchased are also non-refundable.
- Cancellation: Users have the right to cancel their subscription at any time. However, cancellation will not entitle the User to a refund of any portion of the subscription fees or additional credit purchases already paid. The User's access to the Tool, including the use of any remaining credits, will continue until the end of the current billing cycle following the cancellation.
11. Credit Reset and Rollover Option
Pikzels offers a flexible credit system to ensure you maximize the value of your subscription:
Pikzels offers a flexible credit system to ensure you maximize the value of your subscription:
- Credit Reset: By default, your allocated credits reset on your subscription renewal date, applicable to both monthly and yearly subscriptions. Unused credits do not carry over to the next billing period, unless you select the &aposCredit Rollover' option.
- Credit Rollover Option: At the time of checkout, you have the opportunity to choose the 'Credit Rollover' feature. This option allows your unused credits to accumulate and never reset, ensuring you retain every credit you've purchased or earned for as long as your subscription remains active.
- Usage of Credits: Please remember, all credits, whether rolled over or allocated monthly, require an active subscription for use.
12. Credit Tier Rewards
As part of our commitment to rewarding loyalty among our users, Pikzels introduces Credit Tier Rewards for subscribers to our Premium and Ultimate packages. This rewards system is designed to increase the credit allocation for the first four months of subscription as follows:
Premium Package Credit Allocation:
Ultimate Package Credit Allocation:
Yearly Subscriptions: Subscribers opting for yearly billing will benefit from the fourth-month credit allocation multiplied by 12, upfront. Subscription Cancellation: Please note, if a subscription is canceled and subsequently renewed, the credit tier allocation will reset. The subscriber will begin again at the initial credit allocation for their package, progressing through the tier increases month by month. This initiative reflects our appreciation for your continued support and commitment to enhancing your experience with Pikzels.
As part of our commitment to rewarding loyalty among our users, Pikzels introduces Credit Tier Rewards for subscribers to our Premium and Ultimate packages. This rewards system is designed to increase the credit allocation for the first four months of subscription as follows:
Premium Package Credit Allocation:
- Month 1: 500 credits
- Month 2: 550 credits
- Month 3: 650 credits
- Month 4 and onward: 750 credits
Ultimate Package Credit Allocation:
- Month 1: 1500 credits
- Month 2: 1650 credits
- Month 3: 1950 credits
- Month 4 and onward: 2250 credits
Yearly Subscriptions: Subscribers opting for yearly billing will benefit from the fourth-month credit allocation multiplied by 12, upfront. Subscription Cancellation: Please note, if a subscription is canceled and subsequently renewed, the credit tier allocation will reset. The subscriber will begin again at the initial credit allocation for their package, progressing through the tier increases month by month. This initiative reflects our appreciation for your continued support and commitment to enhancing your experience with Pikzels.
13. Modification of Terms and Tool
Pikzels reserves the right, at its sole discretion, to modify, alter, or otherwise update these Terms of Use and the Tool at any time. Such modifications shall become effective immediately upon posting. Users agree to review these Terms of Use periodically to be aware of such modifications and their continued access or use of the Tool shall be deemed their conclusive acceptance of the modified Terms of Use.
Pikzels reserves the right, at its sole discretion, to modify, alter, or otherwise update these Terms of Use and the Tool at any time. Such modifications shall become effective immediately upon posting. Users agree to review these Terms of Use periodically to be aware of such modifications and their continued access or use of the Tool shall be deemed their conclusive acceptance of the modified Terms of Use.
14. Connection Interruptions
Pikzels does not warrant that the Tool will be uninterrupted or error-free and acknowledges that hardware, software, or other problems or damage to Users’ systems may result in loss of data or other interruptions. In no event shall Pikzels be responsible for any loss, damage, or inconvenience suffered by Users due to such interruptions or lack of availability of the Tool.
Pikzels does not warrant that the Tool will be uninterrupted or error-free and acknowledges that hardware, software, or other problems or damage to Users’ systems may result in loss of data or other interruptions. In no event shall Pikzels be responsible for any loss, damage, or inconvenience suffered by Users due to such interruptions or lack of availability of the Tool.
15. Governing Law
This Agreement and any action related thereto shall be governed by and construed in accordance with the laws of Switzerland without giving effect to any choice or conflict of law provision or rule.
This Agreement and any action related thereto shall be governed by and construed in accordance with the laws of Switzerland without giving effect to any choice or conflict of law provision or rule.
16. Legal Jurisdiction
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Tool shall be instituted exclusively in the federal courts of Switzerland, and each party consents to the jurisdiction of such courts.
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Tool shall be instituted exclusively in the federal courts of Switzerland, and each party consents to the jurisdiction of such courts.
17. Disclaimer
The Tool is provided on an “as is” and “as available” basis. Pikzels expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Pikzels makes no warranty that the Tool will meet Users’ requirements or that the Tool will be uninterrupted, timely, or error-free.
The Tool is provided on an “as is” and “as available” basis. Pikzels expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Pikzels makes no warranty that the Tool will meet Users’ requirements or that the Tool will be uninterrupted, timely, or error-free.
18. Limitations of Liability and Indemnification
Pikzels, its directors, employees, partners, agents, suppliers, or affiliates, shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from Users’ access to or use of or inability to access or use the Tool. Users agree to defend, indemnify, and hold harmless Pikzels and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) their use and access of the Tool, b) breach of any term of these Terms of Use.
Pikzels, its directors, employees, partners, agents, suppliers, or affiliates, shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from Users’ access to or use of or inability to access or use the Tool. Users agree to defend, indemnify, and hold harmless Pikzels and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) their use and access of the Tool, b) breach of any term of these Terms of Use.
19. User Data
Users are solely responsible for the data they transmit or that relates to any activity they have undertaken using the Tool. Pikzels is not responsible for the loss or corruption of such data, and Users hereby waive any right of action against Pikzels for any such loss or corruption.
Users are solely responsible for the data they transmit or that relates to any activity they have undertaken using the Tool. Pikzels is not responsible for the loss or corruption of such data, and Users hereby waive any right of action against Pikzels for any such loss or corruption.
20. Electronic Communications, Transactions, and Signatures
Users consent to receive electronic communications from Pikzels and agree that all agreements, notices, disclosures, and other communications that Pikzels provides electronically, via email and on the Tool, satisfy any legal requirement that such communication be in writing. Users further agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by Pikzels or through the Tool.
Users consent to receive electronic communications from Pikzels and agree that all agreements, notices, disclosures, and other communications that Pikzels provides electronically, via email and on the Tool, satisfy any legal requirement that such communication be in writing. Users further agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by Pikzels or through the Tool.
21. Showcasing Work
Pikzels reserves the right to display, showcase, or use for marketing purposes any work created using the Tool, unless specifically agreed otherwise with the User.
Pikzels reserves the right to display, showcase, or use for marketing purposes any work created using the Tool, unless specifically agreed otherwise with the User.
22. Referrals
Referral tracking and payouts are handled through our third-party partner, Rewardful.com.
Referral tracking and payouts are handled through our third-party partner, Rewardful.com.
23. Third-Party Partnerships
Referral tracking, payments, and other partnerships are managed through third-party partners. Users acknowledge that these partners may have access to certain necessary data for the functioning of these partnerships and agree to such access as part of their use of the Tool.
Referral tracking, payments, and other partnerships are managed through third-party partners. Users acknowledge that these partners may have access to certain necessary data for the functioning of these partnerships and agree to such access as part of their use of the Tool.
24. Miscellaneous
These Terms of Use, together with any amendments and any additional agreements Users may enter into with Pikzels in connection with the Tool, shall constitute the entire agreement between Users and Pikzels regarding the Tool. The failure of Pikzels to enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. If any provision of these Terms of Use is held to be invalid or unenforceable by a court, the remaining provisions of these Terms of Use will remain in effect.
These Terms of Use, together with any amendments and any additional agreements Users may enter into with Pikzels in connection with the Tool, shall constitute the entire agreement between Users and Pikzels regarding the Tool. The failure of Pikzels to enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. If any provision of these Terms of Use is held to be invalid or unenforceable by a court, the remaining provisions of these Terms of Use will remain in effect.
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