Terms of Service

Updated Feb 2023

Along with the Privacy Policy, which can be accessed at https://pixeen.app/privacy-policy/, this document outlines the terms of use for the Pixeen app.

As part of the Pixeen Terms and Conditions, this document applies to individuals who have either downloaded the Pixeen app or purchased a Pixeen subscription. If you do not accept these terms, you are not permitted to use the app.

If you are using the app for a business or organization, you are binding that business/organization to these terms by accepting them on its behalf. In such cases, the terms “you” and “your” refer to the business/organization.

Content policy & Restricted use

By using this app, you agree to our terms and conditions, and acknowledge that it is your legal responsibility to ensure that the images generated do not violate the copyright, trademark, or intellectual property rights of any third party.

The images generated by this app are created using artificial intelligence algorithms over which we have no control over the output. There is a possibility that the images generated could infringe on the rights of a third party.

You are solely responsible for all of your activities related to the app and any illegal, fraudulent, or abusive activity may result in termination of your access to the app.

You warrant, represent and agree that you will not use the app or contribute any content in a manner that:

Infringes or violates the rights of any third party
Violates any law, statute, ordinance, or regulation
Is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable
Impersonates any person or entity
Restricts or inhibits any other user from using the app
Relates to products that are unlawful or sexual in nature
Contains a virus or any harmful code

We reserve the right to remove any content from the app at any time, for any reason or no reason at all, if we receive claims or allegations from third parties or if we suspect that you have breached these terms.

You are solely responsible for the content you upload, post, or otherwise disseminate using the app and you warrant that you have the necessary rights to provide such content.

You agree to only use the images generated by the app in accordance with the terms agreed upon with any potential copyright owners.

You are prohibited from:

Obtaining password, account, or private information from other users of the app
Engaging in illegal activity, such as violating the security of computer networks or transferring illegal material
Sending spam or any automated messages through the app
Scraping or crawling pages on the website
Decompiling, reverse engineering, or obtaining the source code of the app

You are responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments related to your use of the app.

You acknowledge that you are fully responsible for the content you submit, contribute, or otherwise cause to be transmitted through the app, including its legality, reliability, accuracy, and appropriateness.

We will not be held responsible or liable for the content or accuracy of any user contributions, including those provided by you or any other user of the app.

Usage notices

The purpose of this app is solely for entertainment and research, with prohibited uses detailed below.

This app should not be utilized for the creation or dissemination of images that could cause harm or offense to others. This encompasses generating images that can reasonably be expected to cause discomfort, distress, or offense, as well as content that perpetuates harmful historical or current stereotypes.

This app must not be used for the creation or dissemination of images that may cause harm, damage or offense to others. This includes the generation of images that may cause discomfort, distress or offense, as well as content that perpetuates harmful current or historical stereotypes.

This app was not designed or trained to produce accurate depictions of people or events. To generate such content is beyond the capabilities of this mobile application.

It is strictly prohibited when using this app:

Creating or sharing content that dehumanizes or hurts individuals, including, but not limited to, mocking, belittling, or portraying harmful stereotypes
Unauthorized impersonation of individuals
Distribution of explicit or sexual content
Spreading false or misleading information
Depiction of excessive violence or gore
Violation of copyright or licensing terms by sharing or altering protected material.

Notice about Bias

This app leverages advanced image generation models. However, these models have limitations and may amplify existing social biases.

The ML models used in the app are primarily trained on images with English descriptions, meaning that cultures and communities that use other languages may not be adequately represented in the output of the model.

This results in a bias towards white and western cultures as the default. Furthermore, the model’s ability to generate content using non-English prompts is limited compared to using English-language prompts.

Given the potential to reinforce and magnify biases, it’s important to exercise caution when using the app, regardless of the intended input.

Payment & unlocking premium features

Pixeen’s main features can be accessed for free. To gain access to advanced functionality, users can opt for a Pixeen subscription through the app and pay via an auto-renewing subscription on Apple’s App store or Google Play Store.

Pixeen’s premium features can be purchased through only through Apple’s App store & Google Play STore. Please note that by making these purchases you are also bound by the stores Terms of Service.

Your store account will be charged upon confirmation of your subscription purchase.
Unless you turn off the auto-renew feature at least 24 hours before the end of the current period, your subscription will automatically renew
Account will be charged for renewal within 24-hours prior to the end of the current period at the specified subscription price
You can manage your subscription by logging into your Apple or Google account on your computer or device and adjusting the settings.
If you are offered a free trial period and you choose to purchase a subscription, any unused portion of the free trial will be forfeited.

Renewals and cancellations

Your subscription will renew automatically at the end of the subscription term. Some subscription plans may offer a free trial before billing your payment method, the duration of which will be communicated to you through the service.

To avoid being charged, you must turn off auto-renewal at least 24 hours before the end of the free trial period. If you fail to do so, you will be responsible for payment for the entire subscription term.

You can modify or cancel your subscription at any time by accessing your store account on your computer or mobile device, and adjusting the settings.

Refunds

For refunds regarding your payment, you need to reach out to Apple or Google customer service as we do not have the capability to process them ourselves. Your payment is handled by Apple (iOS) and Google (Android).

Pricing changes

We reserve the right to modify the pricing plan at our discretion. Prior to any changes, we will notify you so that you can alter or discontinue your subscription before the changes are put into effect.

Should you neglect to adjust your subscription after we have informed you of the changes to the pricing plan, we shall not be held accountable for any resulting losses.

Limitations of liability

You acknowledge and agree that we and our affiliates, officers, employees, agents, partners, and licensors will not be held responsible for any damages, including but not limited to, loss of profits, goodwill, data, or other intangible losses, incurred as a result of: (i) your use or inability to use our services; (ii) the cost of obtaining alternative goods or services due to any goods, data, information or services purchased or obtained, or messages received, or transactions entered into through our services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party through our services; or (v) any other matter relating to us or our services.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for incidental or consequential damages, so some of the above limitations may not apply to you.

We will not be held accountable for any issues that may arise from your use of our services. If you get involved in a legal dispute as a result of using our services, you agree to pay for any legal fees and costs that we incur.

You understand that we will not be liable for any loss of information stored in your Instagram account used to register for our services, or information transmitted through the app, in the event of your computer or mobile device being sold, lost or stolen.

You agree to protect and defend us and our subsidiaries, affiliates, officers, agents, employees, partners, and licensors from any claims or demands, including reasonable attorney’s fees, made by any third party due to or arising from your use of our services.

Licensing terms

By using the app, you are granted a non-exclusive, limited, non-transferable license to access and use the app for personal or commercial use.

You own all the images you create with the app, and we assign to you all rights, title, and interest in these images. However, Pixeen retains all rights not explicitly granted in these Terms of Use.

You are responsible for any activity conducted on your device through the app, and a violation of these Terms of Service can result in the immediate termination of your right to use the app.

When you use the app, you grant Pixeen and its successors a perpetual, worldwide license to use, copy, process, reproduce, adapt, publish, modify, transmit, prepare derivative works of, publicly display, sublicense, publicly perform, and distribute any text prompts and images you use in the app or images generated by the app at your direction.

This license authorizes Pixeen to make the images available to the public, use the images for the app, and comply with applicable laws and policies. The use of the app by you is considered sufficient compensation for the grant of rights.

You also grant other app users a worldwide license to access your publicly available images through the app and use these images as enabled by the app’s features.

This license to Pixeen survives the termination of this Agreement by any party for any reason.

Warranty disclaimers

The Pixeen app and the intellectual property of its licensors are provided as is, without any warranty. Any implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, non-infringement, and warranties arising from course of dealing or usage of trade are explicitly disclaimed.

We can not guarantee that the app will meet your requirements or be available without interruption, securely, or without errors. The quality, accuracy, timeliness, truthfulness, completeness, and reliability of our intellectual property can not be guaranteed.

Who is responsible if something happens

Our Service is offered “as is,” and we can not guarantee its safety, security, or flawless performance. To the fullest extent allowed by law, we also disavow all express and implied warranties, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

We have no control over the actions, conduct, or content generated by others, including online or offline activities, and we are not responsible for their behavior or any unlawful or objectionable content they may create.

Similarly, we are not accountable for services or features provided by other entities, even if accessed through our service.

Our liability for any occurrences on the service is limited by law. We can not predict the full extent of any potential problems with our service.

You agree that we will not be held responsible for any loss of profits, revenue, information, data, or any indirect, special, exemplary, punitive, or incidental damages related to these Terms, even if we were aware of their possibility. This includes the deletion of your content, information, or account.

Service content and third party links

The services we provide, including but not limited to the service content, are solely for educational, entertainment and/or promotional purposes. You should not rely on any information or opinions expressed through our services for any other purpose.

You are solely responsible for evaluating the accuracy, timeliness, completeness, and usefulness of any service content. We shall not be held responsible for any loss or damage resulting from your reliance on any aspect of the services.

Some service content may include opinions and statements posted by third parties. We do not endorse or guarantee the accuracy, timeliness, completeness, or validity of these opinions or statements, and we assume no responsibility for them.

Our employees or representatives may provide opinions and statements in their official capacity, but we do not endorse these as official positions of our company.

Our services may contain links to other websites maintained by third parties. We do not operate, control, or endorse the content on these third-party websites in any way.

You are solely responsible for your use of these third-party links, and we shall not be held responsible or liable for any content posted on third-party websites, or any loss or damage incurred as a result of your dealings with such third parties or their websites.

Changes to this policy

We may periodically update our Terms of Use or Privacy Policy to reflect changes in our policies and practices. Whenever we make changes, we will post the revised version on this page for the Terms of Use and on the Privacy Policy page within the app, with the updated date clearly indicated.

We strongly encourage you to check these pages regularly to stay informed of the latest updates.

Misc

In the event that any portion of these Terms of Use is deemed illegal or unenforceable, we agree that only that specific part will be compromised and the remaining terms will remain in full effect.

Without our prior written consent, you are not allowed to transfer or assign these Terms of Use or any rights or obligations under this Agreement.

Any attempt to do so without prior written consent will be considered void and invalid. On the other hand, we reserve the right to transfer these Terms of Use or any rights under this Agreement without prior notice to you, without the need for your consent.

Contact us

If you have any inquiries regarding privacy in relation to the use of the Application or would like to know more about our practices, feel free to reach out to us through email at [email protected]. We may periodically update these terms, so please revisit this page to stay informed of any changes.