Last Updated: August 13, 2024
Effective Date: August 14, 2024
Preamble: Registration Notice
Thank you for choosing Pixyer (hereinafter referred to as “Pixyer” or “the Site”). Before using our services, please carefully read this Terms & Conditions agreement (hereinafter referred to as “this Agreement”). Special attention is drawn to sections that are highlighted in bold, as they may limit or exempt liability. By registering for and using Pixyer, you agree to be bound by the entirety of this Agreement. This Agreement is executed between you and TROLLEE Technology (Guangzhou) Co., Ltd., including its affiliates (collectively, “the Company”), upon your acceptance by clicking to agree. This Agreement will be legally effective upon acceptance, and it is executed in Haizhu District, Guangzhou.
1. Confirmation and Acceptance of Terms
This Agreement is designed to clarify the rights and obligations between you and the Company concerning the services provided by Pixyer. It constitutes a legally binding contract between you and Pixyer. Please read the following terms carefully. If you disagree with any term of this Agreement, please cease accessing Pixyer and refrain from using any of Pixyer's services. By clicking to agree to this Agreement or continuing to use Pixyer's website and/or services, you (“User”) acknowledge and fully accept all terms of this Agreement.
Upon your confirmation and agreement to this Agreement (which includes the Pixyer Terms & Conditions, Pixyer Privacy Policy, and any future rules and notices published by Pixyer), this Agreement becomes legally effective between you and the Company, and you are considered a registered user of Pixyer.
The Company reserves the right to update the terms and services at any time. Updates will be posted on the Pixyer website, and registered users will be notified via email. We may also impose restrictions on certain features or services, or limit access to parts or all of the services, without prior notice or liability. If you disagree with any changes, you should stop using Pixyer immediately. Continued use will be deemed as acceptance of the modified terms.
2. Service Description
Pixyer reserves the right to refuse service to any individual or entity at its sole discretion and may change the eligibility criteria at any time. This provision is void where prohibited by law.
Pixyer's services are intended solely for individuals, including individuals acting as authorized representatives of legal entities. You represent, warrant, and agree that you are of legal age to enter into these Terms & Conditions; or, if you are not of legal age, you have obtained consent from a parent or guardian to enter into and agree to these Terms & Conditions. If you are accepting these Terms & Conditions on behalf of an entity, you represent and warrant that you have the authority to bind that entity to these Terms & Conditions. In such a case, “you” will refer to both the entity and yourself personally. If you do not agree to these Terms & Conditions, do not use the Pixyer website or its services.
3. Account
1. User Registration
Pixyer utilizes an AI system that recognizes user-uploaded images and generates derivative digital assets (hereinafter referred to as “assets”). To use Pixyer's services, you must register through the website. Users are categorized into two tiers: one is a free tier (no payment required), and the other is a paid subscription. Free tier users have limited access to the services. When registering, you will need to create a personal profile, which may include, but is not limited to, your email address, account password, and other general information. Upon successful registration, you will become a website user and agree to abide by the applicable Terms & Conditions at that time.
If the account information provided by the user is inaccurate or incomplete, Pixyer reserves the right to suspend or terminate the account. Users are responsible for regularly updating their account information to ensure it remains current and accurate.
All services are licensed for authorized use and may not be resold. Each user must have a unique account, and you are responsible for all activities that occur under your account. You must not share your account username or password with others or allow others to access your account. Violation of these Terms & Conditions may result in the immediate termination of your right to use the services, and Pixyer reserves the right to ban you and any related IP addresses or other identifiers from accessing the services.
2. User Password Reset
Users are responsible for the security of their accounts and should use strong passwords while ensuring password confidentiality. If you forget your password, you can click the “Forgot Password” link on the login page. The system will prompt you to enter the email address used during registration. We will send an email containing a password reset link to your email address. Please click the link and follow the instructions on the page to reset your password. If you do not receive the reset email, check your spam folder or ensure that your email settings are correct.
3. User Account Deletion
You may request to delete your account at any time by contacting Pixyer. Please note that account deletion is permanent and will result in the irreversible deletion of all your data. Once your deletion request is submitted, Pixyer will process it within five business days and notify you via email once the account has been successfully deleted.
4. Fees, Payments, and Invoices
Pixyer offers both free and paid services (paid in USD), with varying prices and user benefits depending on the subscription plan. You can learn more about Pixyer's paid subscription services by visiting www.pixyer.ai. Pixyer reserves the right to change prices at any time. Any price changes will take effect upon your next subscription renewal.
If a user fails to successfully pay for services due to user-related issues or other payment-related problems, Pixyer reserves the right to suspend the user's services until the outstanding balance is paid. Please ensure that your payment information is accurate to avoid service interruptions. If the user stops paying the subscription fees, access to the subscription services will be disabled. The user will still be able to access their account, but they will be unable to use the services until a new subscription is purchased and the payment is completed.
All payments made by users on the Pixyer website (except for those services that do not qualify for invoicing) will generate an invoice issued in the user's name. Users can view and download the relevant invoices by contacting Pixyer.
5. User Tiers and Permissions
1. Free Users
Subject to these Terms & Conditions, applicable laws, and provided you are a free-tier user (i.e., you have not subscribed to Pixyer's paid services), Pixyer grants you a non-exclusive, limited, non-transferable, non-sublicensable, and revocable license to access and use the services for personal purposes. Additionally, you are granted a limited license to use all assets generated through the services (“Free Tier Assets”) for personal purposes. However, Pixyer retains ownership of these assets, and you irrevocably assign all rights, title, and interest in the Free Tier Assets to Pixyer. Pixyer reserves the right to exercise these rights globally, and you agree to take reasonable and necessary actions to assist Pixyer in obtaining and enforcing these rights worldwide. If moral rights cannot be assigned by law, you agree not to exercise such rights against Pixyer.
2. Paid Members
If you wish to use the assets generated through Pixyer for commercial purposes, you must subscribe to a paid plan. Commercial purposes include using the generated assets in profit-driven projects, such as corporate websites, advertising videos, or physical products. Upon subscribing to the appropriate paid plan, you will own all rights, title, and interest in the assets generated through the Pixyer services. These assets can be used for both personal and commercial purposes.
6. Responsibilities and Restrictions for Users and Members
1. Rules and Conduct
As a condition of using Pixyer's services, you agree not to use the services for any purposes that violate these Terms & Conditions. For example (but not limited to), you may not (nor allow any third party to) take any of the following actions (including using the website, any assets, Pixyer models/algorithms, or derivative products of Pixyer models/algorithms):
Actions opposing the basic principles established by the Constitution;
Endangering national security, leaking state secrets, subverting state power, or undermining national unity;
Harming national honor and interests;Inciting ethnic hatred or discrimination, or disrupting ethnic unity;
Insulting, abusing the image of heroes and martyrs, denying their deeds, or glorifying invasion wars;
Disrupting national religious policies or promoting cults and feudal superstitions;
Spreading rumors, disturbing public order, or undermining social stability;
Spreading obscene, pornographic, gambling, violent, or terrorist content, or inciting crime;
Insulting or defaming others, or infringing upon others' legitimate rights;
Infringing upon minors' legitimate rights or harming their physical and mental well-being;
Containing other content prohibited by law or administrative regulations.
2. Restrictions
Additionally, as a condition of using Pixyer's services, you may not (directly or indirectly):
Take any action that imposes an unreasonable or disproportionately large load on Pixyer's infrastructure (or that of its third-party providers);
Interfere or attempt to interfere with the proper functioning of the services or any activities conducted on the services;
Circumvent any measures Pixyer (or its third-party providers) uses to prevent or restrict access to the services (or any parts thereof);
Use any method to extract data from the services, including scraping, collecting, or extracting data, except through authorized Pixyer APIs;
Reverse engineer, decompile, decrypt, or attempt to discover the source code or underlying components of the services (unless such restrictions are prohibited by applicable law);
Use the services to develop products or services that compete with Pixyer or its services;
Use any automated or programmatic methods to access the services, generate content, or extract data from the services, including scraping, data collection, or extraction;
Copy, sell, resell, or exploit any portion of the website, service, or any contact available through the website without explicit written permission from Pixyer;
Use or initiate any automated system, including but not limited to “robots,” “spiders,” or “offline readers,” to send more requests to the services than a human could reasonably produce in the same timeframe;
Reverse engineering or exploring activities beyond the normal scope of human user requests are not allowed;
Using request modification tools or any other activities designed to explore, disrupt, infiltrate, or test the website is prohibited;
Before measuring, testing, conducting health checks, or otherwise monitoring any network devices, servers, or assets hosted on the website, you must obtain Pixyer's permission.
Despite the foregoing, Pixyer allows public search engine operators to use spiders to copy materials from the site solely for the purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Pixyer reserves the right to revoke these exceptions at any time.
7. Links to Third-Party Websites
The Pixyer website may contain links to websites that are not under the control of Pixyer. You acknowledge and agree that Pixyer is not responsible for the content or use of these websites, nor does it endorse or assume any responsibility, including but not limited to the accuracy or reliability of any information, data, advice, or statements made on these websites. Such third-party websites and services are governed by their own agreements, and you agree to abide by the terms of those agreements. Any transaction conducted between you and a third party through the Pixyer services is solely between you and the third party, and Pixyer assumes no responsibility in this regard.
Content Usage
When using the Pixyer website and its related services, you are fully responsible for the following: any content you input or upload to the service, including but not limited to images, text, or any prompts; and any personal, private, or commercial use of any content. You are responsible for obtaining all necessary licenses, rights, permissions, or authorizations for using the content or prompts you input or upload to the service and for any use of the content. Pixyer is under no obligation to monitor your use of the service or content, nor is it obligated to inform you of any licensing restrictions or other limitations. You assume full responsibility and risk for your use of the content.
9. Intellectual Property Protection
You acknowledge and agree that all intellectual property rights associated with the Pixyer website and its related services, including copyrights, patents, trademarks, and trade secrets, are owned by Pixyer or its licensors. Except for the limited access rights expressly granted in these terms, this agreement (or your access to the service) does not transfer any intellectual property rights, ownership, or interests to you or any third party. Pixyer and its suppliers reserve all rights not expressly granted under these terms. No implied licenses exist under these terms. All logos, marks, and names of Pixyer are trademarks or registered trademarks of Pixyer or its licensors. No trademarks or logos displayed on the Pixyer website may be used without the prior written consent of their respective owners.
10. Infringement Feedback Handling Principles
Pixyer respects intellectual property rights and expects users to adhere to relevant awareness and behavior norms. If you believe that materials provided by Pixyer infringe your copyright, you (or your authorized representative) can send a written notice to Pixyer via email requesting the removal of such materials or blocking access to them.
Please understand that, due to the nature of online platform supervision, not all claims may be processed. When making an infringement claim to Pixyer, you must ensure that your claim is in compliance with applicable laws and regulations (such as the Copyright Law of the People's Republic of China, Regulation on the Protection of the Right of Communication to the Public on Information Networks, and the Tort Liability Law of the People's Republic of China ). Specifically, you must provide sufficient evidence and follow the legal procedures to prove the legality and reasonableness of your claim. Pixyer will only take appropriate measures concerning the alleged infringing content if it complies with legal requirements.
If, after consulting with a lawyer, you confirm that your claim meets the above legal requirements, you may contact Pixyer by sending an email (to: support@pixyer.com). We will review the issues involved as quickly as possible and respond within fifteen business days after verifying the relevant materials you submitted. To ensure timely and effective handling, please submit genuine, complete, and clear materials; otherwise, your feedback may not be processed.During the processing period, no telephone, email, or other query services will be provided. This is the only official channel for infringement feedback at Pixyer, and no other methods are currently available for handling this matter.
11. Authorization License
You hereby grant Pixyer a royalty-free, worldwide, transferable, sublicensable, irrevocable, and perpetual license to use or incorporate any suggestions, enhancement requests, recommendations, or other feedback you provide (collectively, “Feedback”) into the service. Pixyer will treat any Feedback you provide to the company as non-confidential and non-proprietary. You agree not to submit any information or ideas that you consider confidential or proprietary to Pixyer.
12. Term and Termination
These terms remain in effect as long as you use Pixyer. If you breach these terms, Pixyer may terminate your access to all or part of the service at any time, which may result in the confiscation and destruction of all information associated with your account (including any content). Additionally, either party may terminate the service at any time for any reason by providing written notice. You understand that any termination may involve the removal of your content from our databases. Pixyer will not be liable to you for any termination of rights or removal of your content under these terms. Any fees paid by you under these terms are non-refundable. Upon termination, all rights and licenses granted to you under these terms will immediately cease, but all provisions of these terms that by their nature should survive termination, including but not limited to disclaimers and limitations of liability, will continue to apply.
13. Disclaimer
Pixyer and its licensors make no representations, warranties, or guarantees of any kind, whether express or implied, regarding the website, the services, any materials, submissions, user content, or third-party content. Pixyer does not make any representations, warranties, or guarantees regarding the quality, suitability, truthfulness, accuracy, or completeness of any information or materials contained or presented on the website. To the maximum extent permitted by applicable law, the website, services, materials, submissions, user content, and third-party content are provided “as is” and “as available,” without any express or implied warranties of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. Pixyer does not warrant the uptime or availability of any services and makes no warranty regarding any viruses, spyware, or malware that may be installed on your computer.
You agree to defend, indemnify, and hold harmless Pixyer, its affiliates, and its officers, directors, employees, contractors, agents, suppliers, licensors, and representatives from any liability, loss, claim, and expense (including reasonable attorneys' fees) arising out of or related to: your use, misuse, or access of the services or any generated assets; third-party claims that your assets, data, or use infringe on third-party intellectual property or other rights; or your violation of these terms or any applicable laws, contracts, policies, or regulations. Pixyer reserves the right to handle and control any such matters exclusively at your expense, and you agree to cooperate. You may not settle any claims without Pixyer's written consent. We will make reasonable efforts to notify you upon becoming aware of such claims.
Pixyer shall not be liable for any damages arising from your use, display, reproduction, or downloading of any materials, content, or assets. Regardless of the legal theory, Pixyer shall not be liable for any indirect, incidental, special, or consequential damages arising from the services.
Our liability for any damages arising out of or related to this Agreement shall not exceed thirty-nine dollars (US$39) or the amount you paid in the month preceding the event, whichever is greater. Certain jurisdictions may not allow the exclusion or limitation of such damages, so the above limitations may not apply to you.
These limitations of liability and disclaimers remain effective even after the termination of this Agreement and are an integral part of the Agreement, reflecting the risk allocation between the parties. These limitations will continue to apply even if the primary remedies fail.
14. Force Majeure
Neither party shall be liable for failure to perform its obligations under this agreement due to circumstances beyond its reasonable control, such as natural disasters, fires, accidents, floods, epidemics, wars, labor disputes, government actions, public service failures, internet or power outages, and other similar events, provided that the affected party promptly notifies the other party. If the performance is interrupted for more than thirty (30) days, the unaffected party may terminate this agreement immediately by written notice. You acknowledge and understand that no refunds will be provided for any amounts paid or credits accrued in the event of a termination or suspension of the agreement due to force majeure.
15. Entire Agreement
These terms (including the Privacy Policy and other related terms) constitute the entire agreement between you and Pixyer regarding the use of the services. Any failure to exercise rights does not constitute a waiver of those rights. If any provision of this agreement is deemed invalid, the remaining provisions shall continue to be in effect and shall be interpreted as closely as possible to reflect the original intent. You may not assign your rights and obligations under these terms without Pixyer's written consent. Pixyer may assign its rights and obligations under these terms without your consent.
16. Notice
Unless otherwise specified, all notices under these terms shall be in writing and sent via email. Notices shall be deemed officially issued once successfully sent to the email address provided by the user. The sender shall not be responsible for any failure to receive the email due to mailbox settings or network issues. To ensure effective delivery of notices, it is the user's responsibility to keep their email address updated and ensure their mailbox can receive emails.
17. Miscellaneous
The establishment, effectiveness, performance, interpretation, amendment, termination, and dispute resolution of this agreement shall be governed by the laws of the People's Republic of China (for the purpose of this agreement only, excluding the Hong Kong Special Administrative Region, the Macau Special Administrative Region, and Taiwan). In the event of any disputes with the company, the parties should seek to resolve them amicably. If an amicable resolution is not possible, you agree to submit the dispute to the People's Court at the location where this agreement is signed for litigation.
