PixAI Terms of Service

Last updated August 25, 2023

1. Terms

1.1 This document constitutes the terms of service between end-users of the PixAI website and the PixAI software application. 'PixAI' is used to refer to the PixAI website, the PixAI software application and its provided service(s) for the remainder of this document.

1.2 These terms must be adhered to by all users of the PixAI image generation and posting service and are agreed upon during account creation.

1.3 If you do not agree to these terms, you must not use PixAI's image generation or posting service nor download the PixAI software application, and you must delete your account if you have already made one.

1.4 If you have any questions about these terms, please email us at inquiries@pixai.art

2. PixAI Accounts and Provided Services

2.1 An account is required to access the image generation functionality as well as the image posting function of PixAI.

2.2 You must be 18 years or older and be capable of entering into a legal contract in order to use PixAI.

2.3 You may not share an account with any other person or entity; nor should you transfer your account ownership to another person or entity; you must keep your account information reasonably secure.

2.4 You are responsible for all actions and requests that your account performs, and must ensure that they do not violate these terms.

2.5 Your account may be terminated at any time for violation of these terms.

2.6 If your account is terminated, there is no guarantee of future availability of your data nor of a refund for any purchases or subscriptions you may have made.

2.7 PixAI will make an attempt to ensure its services have high reliability and support as many clients as possible. However, no guarantee of availability or uptime is made by PixAI. PixAI may be integrated with, or may otherwise interact with third-party applications, websites, and services and third-party personal computers, mobile handsets, tablets, and other devices. Your use of such Third-Party Applications and Devices may be subject to additional terms, conditions, and policies provided to you by the applicable third party. PixAI does not guarantee that Third-Party Applications and Devices will be compatible with the PixAI Service.

2.8 PixAI is not liable for any liabilities or damages caused by the use of its services, nor from the usage of images generated using our service. If you believe your usage of PixAI is not in your own best interests, you must cease usage of PixAI and uninstall any PixAI software application.

2.9 PixAI reserves the right to change these terms of service at any time, and will attempt to notify you of any changes.

3. Account Purchases and Subscriptions

3.1 Account purchases and subscriptions award the subscribing or purchasing user with PixAI credits ("Credits"), a type of virtual credit, and enables a range of premium functionalities ("Membership Services") that are provided only to purchasing users who have an active subscription to PixAI.

3.2 Credits may only be used for the purpose of generating images on PixAI.

3.3 Credits are not redeemable for cash or for any other goods or services.

3.4 Credits may not be given to any other user.

3.5 All purchases are non-refundable. You may terminate your subscription at any time by logging into your account or contacting us directly. If you terminate your subscription, your subscription will not be renewed starting from the next billing period and your access to Membership Services will be active until the expiration of your subscription.

3.6 Previous Credit balance will be automatically carried forward in your account at the end of each subscription period or after the termination of your subscription.

3.7 If a subscription is not paid for on its renewal date, we have the sole right to terminate your access to PixAI's Membership Services.

4. Generated Images

4.1 No claims on the ownership or copyright of AI-generated images are made by PixAI, and all created content may be freely used by yourself. （PixAIは、AIが生成した画像の所有権や著作権を主張することはなく、作成されたすべてのコンテンツは、ご自身で自由に使用することができます。）

4.2 AI model output may sometimes be unpredictable and is not guaranteed to match the input prompt nor to be of any given nature or quality.

4.3 Do not attempt to generate content that is illegal in your legal jurisdiction or within your country or district of residence.

4.4 Do not access our generation service via any means other than the pixai.art website or our software application. If you are interested in API access, please email us at inquiries@pixai.art.

4.5 Do not use generated content as a substitute for any licensed profession, including but not limited to legal advice, financial advice, medical advice, or any other professional service or advice.

5. Shared Content

5.1 You are solely responsible for the Content you post, publish, display, or otherwise make available on PixAI, and for any action or omission that results from your use of PixAI and our services (including our Content or other user's Content), or the use by a person or an entity that you have authorized under your Account.

5.2 You represent and warrant that you have ownership, control, and responsibility for the Content you post or otherwise make available on PixAI, or otherwise have the right to do so.

5.3 Your Content must not be misleading or unlawful, and must not violate any of these Terms, applicable law and regulation, or infringe or misappropriate any rights of any person or entity. We may remove your Content at any time, at our sole discretion, if we have concerns about your Content.

5.4 By posting your Content or otherwise making it available on PixAI, you acknowledge and agree that:

• a. You own the Content you create, but you grant us a worldwide, royalty-free, and non-exclusive license to display and publish such Content to provide Services and as otherwise permitted under these Terms and our Privacy Policy.
• b. When Content contains a reasonable and customary license notice (such as an open-source license), such Content should remain under the terms of that license when further accessed, distributed, or used. Neither party is permitted to remove reference to any such license.

5.5 By uploading a file, image or other content to PixAI, you represent and warrant to us that:

(1) doing so does not violate or infringe anyone else's rights; and (2) you created the file or other content you are uploading, or otherwise have sufficient intellectual property rights to upload the material consistent with these terms.

5.6 With regard to any AI model file you upload to PixAI, you grant us a non-exclusive, royalty-free, perpetual, irrevocable worldwide license to host, use, reformat, transmit, store, copy, display online, and allow usage of such file (with our generation services).

5.7 With regard to any AI model file you upload and allow user downloads of such file, you grant us a non-exclusive, royalty-free, perpetual, irrevocable worldwide license to host, use, reformat, transmit, store, copy, display online, distribute, allow downloads, and allow usage (with our generation services) of such file.

5.8 We do not assert any ownership over your uploaded or published content. You retain full ownership of all of your uploaded content and any intellectual property rights or other proprietary rights associated with your content. We are not liable for any statements or representations in your content provided by you in any area on the PixAI website or APP. You are solely responsible for your content on PixAI and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your content.

5.9 You agree that any Content you download, access, or use from us or another User is at your own risk and subject to these Terms and/or the terms accompanying such Content.

6. Use of Content

6.1 By downloading a file or image or copying other user-generated content (UGC) from PixAI, you agree that you do not claim any rights to it, and that any Content you download, access, or use from us or another User is at your own risk and subject to PixAI's terms and the specific terms provided by the content creator accompanying such Content.

6.2 Risk and Warranty: Your use of UGC is at your own risk. PixAI makes no warranties of non-infringement, and you will indemnify and hold PixAI harmless from any copyright infringement claims arising out of your use of the UGC.

6.3 When Content contains notice of a reasonable and customary license (such as an open-source license), such Content is intended to remain under the terms of such license when further accessed, distributed, or used.

7. User Data and Data Security

7.1 PixAI stores basic user information during your use of our service.

7.2 To learn more about what data is stored and your rights with respect to that data, please see our Privacy Policy.

7.3 Your usage of PixAI also constitutes knowledge of, and agreement to, this privacy policy, as well as these terms.

8. Restrictions of Conduct and Content

8.1 In accessing and using PixAI, you agree to abide by the following rules, restrictions and limitations:

• a. You will not modify, translate, adapt or reformat PixAI;
• b. You will not decipher, decompile, disassemble, or reverse-engineer, or otherwise attempt to discover the source code or structure of, the software or materials comprising PixAI
• c. You will not interfere with or circumvent any security feature of the PixAI or any feature that restricts or enforces limitations on the use of PixAI;
• d. You will not use PixAI to gain unauthorized access to our or any third party's data, systems or networks;
• e. You will not use PixAI in any manner that could damage, disable, overburden, impair or otherwise interfere with or disrupt our systems and networks, or otherwise interfere with other users' use of the PixAI;
• f. You will not use PixAI in any way that, in our sole discretion, may expose us and others to liability or damages;
• g. You will not remove, change or obscure any copyright, trademark notice, trademark, hyperlink or other proprietary rights notices contained in PixAI;
• h. You will comply with all applicable laws in your access and use of PixAI, including the laws of your country or district; and
• i. You will ensure that other users have predictable experiences on PixAI by properly using the nsfw tag system to label any of your content that is graphic, sexually-explicit, lewd, indecent, or otherwise objectionable.

8.2 You shall not upload, share or otherwise transmit to or via the Services any content that:

• a. is unlawful, harmful, libelous, defamatory, abusive, racially or ethnically offensive, harassing, threatening, invasive of personal privacy or publicity rights, misleading, or otherwise objectionable; Click here for rules on content representing minors
• b. would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
• c. may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any third party;
• d. contains any unsolicited promotions, political campaigning, advertising or solicitations;
• e. contains any private or personal information of a third party without such third party's consent;
• f. may harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
• g. contains any viruses, corrupted data or other harmful, disruptive or destructive files or content, designed to interrupt, destroy or limit the functionality of PixAI;
• h. contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships (e.g., inside information, confidential information received in the context of an employment or a non-disclosure agreement); or
• i. is in our sole judgment, objectionable or that restricts or inhibits any other person from using or enjoying our Services, or that may expose us or others to any harm or liability of any type.
• j. Duplicated content or content falsely labeled as having been created, endorsed, or trained by another creator, or impersonates another creator on the site.

8.3 In the case where your API calls exceed normal operation and/or disrrupt PixAI's functionality, PixAI may put a temporary or long-term ban on your account. PixAI reserves the right to determine, at our sole discretion, whether your API calls have exceeded normal operation and/or caused disruption to PixAI's functionality.

PixAI reserves the right, but is not obligated, to remove any user content and/or ban the accounts that we believe, in our sole discretion, violates these provisions. If you have noticed any violation of these Terms from your prospective, content of any nature whatsoever, please contact us at: inquiries@pixai.art or directly report on PixAI.

9. Liability

THE PIXAI SERVICES ARE PROVIDED TO YOU ON AN "AS-IS" AND "AS AVAILABLE" BASIS AND THE USE THEREOF IS AT YOUR SOLE RISK. WE MAKE NO, AND HEREBY DISCLAIM, ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NONINFRINGEMENT, AND TITLE WITH RESPECT TO THE APP, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.

• WE DO NOT WARRANT THAT:
• A. PIXAI (OR THE RESULTS OBTAINED FROM THE USE THEREOF) WILL BE TIMELY, ERROR-FREE, SECURE OR UNINTERRUPTED;
• B. PIXAI MEET YOUR REQUIREMENTS; OR
• C. THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS IN PIXAI OR ON OUR WEBSITE, OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY RESOURCES LINKED TO PIXAI OUR WEBSITE.
• D. ANY ERRORS OR MALFUNCTIONS ON PIXAI'S WEBSITE OR APP WILL BE CORRECTED.

WE SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER UNDER CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY OR OTHER THEORY, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES OR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, COST OF SUBSTITUTE PROCUREMENT, ARISING IN WHOLE OR IN PART FROM YOUR USE OF (OR INABILITY TO USE) PIXAI, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL WE BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ANY CAUSES BEYOND ITS REASONABLE CONTROL.

10. Third party rights

If you have downloaded any of our mobile software applications (each, an "App") from the Apple Inc. ("Apple") App Store or if you are using the App on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. These Terms are between you and PixAI only, not with Apple, and Apple is not responsible for the PixAI Service and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to PixAI. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to PixAI. Apple is not responsible for addressing any claims by you or any third party relating to PixAI or your possession or use of PixAI, including: (1) product liability claims; (2) any claim that PixAI fails to conform to any applicable legal or regulatory requirement; (3) claims arising under consumer protection or similar legislation; and (4) claims with respect to intellectual property infringement. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that PixAI or your possession and use of the App infringe that third party's intellectual property rights. You agree to comply with any applicable third-party terms, when using PixAI. Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.

11. Contact Us

If you have any questions regarding the use of PixAI or this TOS, please contact us at: inquiries@pixai.art

12. Governing Law

These Terms of Service and any separate agreements whereby we provide you shall be governed by and construed in accordance with the laws of Hong Kong.