2024-06-10
We are PixTuner ("we," "us," or "our"), operates the website pixtuner.tech (the "Site"), the mobile application PixTuner (the "App"), and any other related products and services that reference or link to these legal terms (the "Legal Terms") (collectively, the "Services").
These Legal Terms constitute a legally binding agreement between you ("you", "your") and us concerning your access to and use of the Services. By using our App and Services, you acknowledge and agree that we and our authorized resellers may distribute them, subject to the terms and conditions set forth in these Legal Terms.
We may modify these Legal Terms at our sole discretion. Updates will be reflected in the "Last Updated" date, and you waive any right to specific notice of changes. It is your responsibility to review these Terms periodically. Continued use of the App and Services after updates constitutes acceptance of the revised Terms.
By using our App and Services, you confirm that you are at least 18 years old, meet the minimum legal age in your country, or have obtained verified parental or guardian consent. If we become aware that we have collected data from a minor without proper consent, we will delete it. If you believe this has occurred, please contact us at [email protected].
BY ACCEPTING THESE LEGAL TERMS, YOU CONFIRM THAT YOU ARE LEGALLY CAPABLE OF ENTERING INTO AND FORMING CONTRACTS UNDER THE LAWS OF YOUR JURISDICTION. BY USING OUR APP OR SERVICES, CLICKING "I AGREE," "ACCEPT," OR SIMILAR BUTTONS, INSTALLING THE APP, OR OTHERWISE INDICATING YOUR CONSENT, YOU AGREE TO THESE LEGAL TERMS AND ANY RELATED TERMS AND CONDITIONS, CREATING A LEGALLY BINDING CONTRACT BETWEEN YOU AND US. PLEASE READ THESE LEGAL TERMS CAREFULLY BEFORE PROCEEDING.
IF YOU DO NOT AGREE TO THESE LEGAL TERMS, YOU ARE PROHIBITED FROM USING THE APP AND SERVICES AND MUST CEASE USE IMMEDIATELY.
PixTuner is a mobile web app that restores, colorizes, enhances, and animates old or damaged photos using AI, turning faded memories into vivid, shareable moments.
You assume all risks associated with using input and output. While we strive to deliver high-quality results, we do not guarantee that outputs will meet your expectations, requirements, or intended use. Outputs are generated algorithmically and may require further refinement.
You are solely responsible for ensuring that outputs do not infringe on third-party intellectual property rights. We are not liable for any legal claims arising from the use of generated content. If any input or output is alleged to violate applicable law or these Legal Terms, we may disclose such content to authorities or in response to lawful requests.
Subject to these Legal Terms, you are granted a non-exclusive right to use outputs for personal or commercial purposes. We do not claim ownership of your outputs, though we may retain and use them as necessary to operate, maintain, and improve the App and its services.
We reserve the right to limit the number of outputs you may generate within a given time period, whether for technical, operational, or policy reasons.
Note: We make no representations or warranties regarding the accuracy, completeness, or reliability of AI-generated content and disclaim any liability for reliance on it. We are not responsible for any misuse, inaccuracies, or improper use of AI-generated content. Your use of the Services and the App, including its content, is solely at your own risk.
Subject to your compliance with these Legal Terms, we grant you a non-exclusive, limited, non-transferable, revocable license to access and use the App for personal, non-commercial purposes. No other rights or licenses are granted, and we reserve all rights not expressly granted in these Legal Terms. Any unauthorized use may result in the termination of this license.
We own or license all intellectual property rights in the App and Services, including but not limited to source code, databases, software, website designs, audio, video, text, photographs, and graphics (collectively, the "Content"), as well as all trademarks, service marks, and logos (the "Marks"). These are protected by copyright, trademark, and other intellectual property laws.
Unless expressly permitted by these Legal Terms and applicable law, you may not:
We reserve the right to revoke or terminate this license at any time if you violate these Legal Terms. Upon termination, you must cease using the App and delete any copies from your devices.
By submitting any questions, comments, suggestions, ideas, feedback, or other materials ("Submissions") to us, you assign all intellectual property rights in such Submissions to us. We shall own and may use, modify, or distribute Submissions for any lawful purpose without acknowledgment, compensation, or restrictions.
You represent that your Submissions do not infringe any third-party intellectual property rights or violate any laws. You are solely responsible for your Submissions and agree to indemnify us against any claims, damages, or liabilities arising from your breach of this section.
To use the App, you must create an account with accurate, complete, and up-to-date information. You are solely responsible for maintaining the security of your credentials and all activities under your account. Usernames must not impersonate others, infringe trademarks, or contain offensive content. Failure to comply may result in account suspension or termination.
Each user must have a unique account and may not share login credentials. The App's content may not be accessed in jurisdictions where its use is restricted or illegal. Users accessing the App outside permitted locations do so at their own risk and must comply with local laws.
You agree to use the App and Services only for their intended purpose and in compliance with all applicable laws and regulations.
You may not engage in any of the following activities while using the App and Services:
By using the App, you agree to comply with all applicable export control laws and regulations, including but not limited to those of the United States. You confirm that you are not in or from any country under U.S. embargo or other applicable trade restrictions. You are responsible for ensuring your use of the App complies with all laws in your jurisdiction.
5.1. The App and Services may include links to third-party websites and content, which we do not monitor or endorse. We are not responsible for their content, accuracy, policies, or transactions made through them. Use third-party websites and content at your own risk, and review their terms and policies. We are not liable for any harm from your interactions with third-party websites or content.
6.1. 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 are incorporated into these Legal Terms.
By using our App, you agree to provide accurate payment information and authorize us to charge your selected payment method for the applicable subscription fees. If full payment cannot be processed, we may charge a reduced amount for a shorter subscription period. Subscriptions automatically renew unless canceled in accordance with the 'Cancellation' clause. You are responsible for keeping your payment information up to date to avoid service interruptions. We reserve the right to adjust subscription pricing and offers at our discretion.
Your subscription will automatically renew unless canceled. By subscribing, you authorize us to charge your payment method on a recurring basis. The billing cycle is based on your selected plan. Initial payments may be discounted, but subsequent payments could be at higher rates as specified or updated. We may adjust pricing and promotional offers at our discretion. Certain features of the App may also be available for a one-time payment. You acknowledge that subscription fees may change after the initial payment.
You may cancel at any time, but to avoid being charged for the next billing cycle, you must do so at least 24 hours before the end of the current term. You can cancel via your account settings or by emailing [email protected]. Deleting the app does not cancel subscriptions.
The App may be part of a Bundle, available in two options:
Refunds for both options can be requested within 14 days of the initial purchase and will apply to the entire bundle, not individual apps.
Bundle availability and pricing are subject to change without notice. By purchasing a bundle, you agree to these terms.
7.5.1. We offer a 14-day money-back guarantee for purchases made directly through our website. If you are unsatisfied, contact customer support at [email protected] within 14 days of the initial purchase for a refund. Partial refunds or subscription extensions may be considered at our discretion.
7.5.2. For purchases made through third parties (e.g., App Store, authorized reseller), refund eligibility may vary. Please contact the respective third party for refund inquiries. We cannot process refunds for third-party purchases. For Apple App Store refunds, refer to their refund process.
7.5.3. If you purchase a one-time digital product, such as a guideline or other downloadable content available through the App, this purchase is final and non-refundable. Due to the digital nature of the content, the App does not offer refunds, returns, or exchanges once the purchase has been completed. This clause does not affect any rights you may have under applicable consumer protection laws.
Any payment dispute, including chargebacks, will result in permanent termination of the subscription, regardless of the dispute outcome. These subscriptions will not be reinstated under any circumstances.
8.1. These Legal Terms remain in effect while you use the App and have an active subscription. You may cancel your subscription and/or delete your account anytime through your settings or by contacting our support team.
8.2. We reserve the right to restrict or terminate access to the App at our discretion, without notice or liability, for any reason, including but not limited to violations of these terms or applicable laws. If your account is terminated, you are prohibited from creating a new account.
We reserve the right to change, modify, or remove the content of the App and Services at our discretion without notice. We may also modify or discontinue all or part of the App and Services without notice. We will not be liable for any such changes or discontinuation. We cannot guarantee the uninterrupted availability of the App and 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 App and Services.
These Legal Terms shall be governed by and construed in accordance with the laws of England and Wales, excluding its conflict of law principles, except where mandatory local consumer protection laws apply.
If you have any questions, concerns, or complaints, you must first attempt to resolve them through good-faith negotiations for at least 30 business days by sending a written notice to [email protected].
If no resolution is reached within the negotiation period, the dispute will be resolved by arbitration under the Rules of the London Court of International Arbitration (LCIA), which are incorporated by reference into this clause. The arbitration shall take place in London, United Kingdom, conducted in English, and heard by a single arbitrator. The decision of the arbitrator shall be final and binding.
For U.S. Residents, these Legal Terms shall be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.
If no agreement is reached through negotiation as described above, the dispute shall be resolved exclusively through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be conducted by a single arbitrator, selected in accordance with AAA rules, in California or another U.S. location designated by us. The arbitrator shall apply California law unless otherwise required. The arbitrator's decision shall be final, binding, and enforceable in any court of competent jurisdiction.
Class Action Waiver: You agree that any disputes will be resolved on an individual basis. You waive any right to participate in class actions, class arbitration, or other representative actions against us or our affiliates. By accepting these Legal Terms, you acknowledge that you may only bring claims in your individual capacity and not as a member of any class, collective, or representative proceeding.
The App and Services are provided "as is" and "as available." Your use of the App and 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 content or linked websites or applications. We assume no liability for errors, 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 App and Services. You are responsible for ensuring that your use of the App and Services complies with applicable laws and requirements.
To the fullest extent permitted by law, we, along with our directors, employees, contractors, and agents, shall not be liable to you or any third party for any damages arising out of or related to your use of App and Services. This includes, but is not limited to, lost profits, revenue, data, or other consequential, incidental, or special damages, even if we have been advised of the possibility of such damages. We expressly disclaim any liability for any direct or indirect damages, including but not limited to physical, emotional, or financial harm resulting from your use of the App or Services. Our total liability to you, under any circumstance, will be limited to the lesser of the amount paid by you to us during your subscription term, but no more than $100.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, officers, agents, partners, and employees, from any loss, damage, liability, claim, demand, or expenses (including attorneys' fees and costs) arising from: (1) your misuse of the App and Services; (2) breach of these Legal Terms or any applicable law or regulation; (3) breach of your representations and warranties in these Legal Terms; (4) violation of third-party rights, including intellectual property rights; (5) harmful acts toward other users connected via the App and Services; (6) your negligence or willful misconduct, etc. 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.
14.1. Entire Agreement – These Terms of Use constitute the entire agreement between the User and the App regarding its services and supersede any prior agreements or understandings.
14.2. Severability – If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
14.3. No Waiver – The failure of the App to enforce any right or provision under these Legal Terms shall not be considered a waiver of such right or provision.
14.4. Force Majeure – The App shall not be held liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to natural disasters, government actions, or technical failures.
14.5. Assignment – You may not assign or transfer their rights under these Legal Terms without prior written consent from us. We may freely assign or transfer our rights without restriction.
14.6. Language – These Terms of Use, as well as the App, Services, and Customer Support, are provided only in English. By using the Services, you acknowledge and agree that all communications, policies, and assistance will be available exclusively in English.
14.7. Other – These Legal Terms do not create a joint venture, partnership, employment, or agency relationship between you and us, and operate to the fullest extent allowed by law.
To receive further information regarding these Legal Terms or our Services, please contact us at [email protected].
PixTuner