Terms of Service

1. Acceptance of Terms

Welcome to Pixtify. By accessing or using our AI-powered product photography platform ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use the Service.

These Terms constitute a legally binding agreement between you ("User," "you," or "your") and Pixtify ("Company," "we," "us," or "our"). We reserve the right to modify these Terms at any time, and such modifications will be effective immediately upon posting. Your continued use of the Service constitutes acceptance of the modified Terms.

2. Service Description

Pixtify is an AI-powered platform that transforms product photographs into professional marketing images. Our Service includes:

• AI-powered product analysis that identifies key features and characteristics
• Context generation for various customer segments and use cases
• AI image synthesis that creates professional product photography
• Image storage and management within your account
• Credit-based system for accessing generation capabilities

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time with reasonable notice when possible.

3. Account Terms

To use Pixtify, you must:

• Be at least 16 years of age
• Provide accurate and complete registration information through our authentication provider (Clerk)
• Maintain the security of your account credentials
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized access

You may not use another person's account without permission. We reserve the right to suspend or terminate accounts that violate these Terms or engage in suspicious activity.

4. Acceptable Use

You agree to use Pixtify only for lawful purposes. You may NOT:

• Upload content that is illegal, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable
• Upload images that infringe on intellectual property rights of others
• Generate content that depicts illegal activities or promotes violence
• Attempt to reverse engineer, decompile, or extract source code from our Service
• Use automated systems, bots, or scrapers to access the Service without permission
• Interfere with or disrupt the integrity or performance of the Service
• Attempt to gain unauthorized access to our systems
• Share your account credentials or allow others to access your account
• Use the Service in any way that violates applicable laws or regulations

We reserve the right to remove content and suspend accounts that violate these policies without prior notice.

5. Intellectual Property

6. Credits and Payments

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PIXTIFY AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Damages arising from reliance on generated content or AI analysis
• Service interruptions, errors, or security breaches beyond our reasonable control

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM THESE TERMS OR YOUR USE OF THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

The Service is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

8. Indemnification

You agree to indemnify, defend, and hold harmless Pixtify and its affiliates, officers, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property rights
• Content you upload or generate through the Service

9. Termination

By You: You may terminate your account at any time by contacting us at info@pixtify.com. Upon termination, your access to the Service will cease, and your data will be deleted according to our data retention policy.

By Us: We may suspend or terminate your account immediately, without prior notice, if we believe you have violated these Terms, engaged in fraudulent activity, or for any other reason at our sole discretion.

Upon termination, all provisions of these Terms that should survive termination shall remain in effect, including ownership provisions, warranty disclaimers, and limitations of liability.

10. Dispute Resolution

Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to conflict of law principles.

Informal Resolution: Before filing any formal dispute, you agree to contact us at info@pixtify.com and attempt to resolve the dispute informally for at least 30 days.

Arbitration: Any disputes that cannot be resolved informally shall be settled by binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in Delaware, and judgment on the award may be entered in any court of competent jurisdiction.

Class Action Waiver: You agree that any disputes will be resolved on an individual basis, and you waive your right to participate in class actions, class arbitrations, or representative actions.

11. Changes to Terms

We reserve the right to modify these Terms at any time. When we make changes, we will:

• Update the "Last updated" date at the top of this page
• Notify you by email for material changes (at least 30 days in advance when possible)
• Post a notice on our platform

Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the changes. If you do not agree to the new Terms, you must stop using the Service.

12. General Provisions

• Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Pixtify regarding the Service.
• Severability: If any provision of these Terms is found unenforceable, the remaining provisions will continue in effect.
• Waiver: Our failure to enforce any right or provision shall not constitute a waiver of that right or provision.
• Assignment: You may not assign these Terms without our written consent. We may assign our rights and obligations without restriction.
• Force Majeure: We shall not be liable for delays or failures in performance resulting from circumstances beyond our reasonable control.

13. Contact

If you have any questions about these Terms of Service, please contact us:

• Legal inquiries: info@pixtify.com
• General support: info@pixtify.com