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44pixels Limited Privacy Policy
Last updated: June 12, 202444pixels Limited ("we," "us," or "our" or “44pixels”) is committed to protecting your privacy. This Privacy Policy explains how your personal information is collected, used, and disclosed by 44pixels Limited.This Privacy Policy applies to all mobile applications, websites or services (collectively the "Apps") developed and published by 44pixels Limited. By accessing or using our Apps, you signify that you have read, understood, and agree to our collection, storage, use, and disclosure of your personal information as described in this Privacy Policy.Information We Collect
1.1 Information You Provide to Us
We may collect the following types of personal data from Apps users, and those who contact or register with us. This may include:
a. User Content: This consists of any text, images, documents, or other content you input, upload, or generate through the Apps.
b. Contact Information: When you contact us via email or a support form within the Apps, we collect your name, email address, and any other content included in your message. In some of our Apps, we may also ask for your email address or phone number for registration, authentication, or communication purposes. However, this information is only collected in Apps where it is necessary for the functionality or services provided.
c. Registration Information: For certain Apps, we may require you to create an account to access full functionality. In such cases, we will collect the information you provide during the registration process, which may include your name, email address, password, and other relevant details.
1.2 Information Collected Automatically
When you use our Apps, we may automatically collect certain information about your device and usage patterns. This may include:
a. Device Information: We may collect information about the device you use to access the Apps, including the device type, operating system, browser type, language, referring/exit pages, device identifiers (such as IDFA and IDFV), IP address, and mobile network information.
b. Usage Information: We may collect information about your interactions with the Apps, such as access times, screens viewed, features used, and in-app purchases.
c. Location Information: We may collect approximate location information from your device's IP address.
d. Cookies and Similar Technologies: We and our third-party partners may use cookies and similar tracking technologies to collect information about your interactions with the Apps and other websites and apps. This information may be used to, among other things, analyze and track data, determine the popularity of certain content, deliver advertising and content targeted to your interests, and better understand your online activity.How We Use Your Information
2.1 Information Usage
We may use the information we collect for various purposes, including to:
a. Provide, maintain, and improve our Apps;
b. Process transactions and send you related information;
c. Respond to your comments, questions, and requests and provide customer service;
d. Communicate with you about products, services, offers, and events offered by 44pixels Limited;
e. Monitor and analyze trends, usage, and activities in connection with our Apps;
f. Detect, investigate and prevent fraudulent transactions and other illegal activities and protect the rights and property of 44pixels Limited and others;
g. Personalize and improve the Apps and provide content, features, and advertisements that match your interests and preferences;
h. Facilitate contests, sweepstakes, and promotions and process and deliver entries and rewards;
i. Create aggregated or de-identified information for statistical and analytical purposes;
j. Conduct research and analysis to improve our Apps and user experience;
k. Enforce our Terms of Use and other usage policies.2.2. Data Sharing Among Our Apps
Please note that the information we collect from you through one of our Apps may be combined with information collected from other Apps within the 44pixels Limited ecosystem. This helps us provide a more seamless, consistent, and personalized experience across our apps. All data sharing among our apps adheres to the privacy practices outlined in this Privacy Policy.How We Share Your Information
We may share your personal information in the following situations:
a. With service providers who perform services on our behalf, such as payment processing, data analysis, email delivery, hosting services, customer service, and marketing assistance;
b. In response to a request for information if we believe disclosure is in accordance with, or required by, any applicable law, regulation, or legal process;
c. If we believe your actions are inconsistent with our user agreements or policies, or to protect the rights, property, and safety of 44pixels Limited or others;
d. In connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business by another company;
e. Between and among 44pixels Limited and our current and future parents, affiliates, subsidiaries, and other companies under common control and ownership;
f. With third parties for their own services and marketing purposes, provided we have obtained your prior opt-in consent;
g. With your consent or at your direction.
We may also share aggregated or de-identified information, which cannot reasonably be used to identify you.Third-Party Services
We may display, include or make available third-party content (including data, information, applications, and other products/services) or provide links to third-party websites or services ("Third-Party Services").
You acknowledge and agree that 44pixels Limited shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. 44pixels Limited does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.Data Retention & Security
We retain your personal information for as long as necessary to fulfill the purposes outlined in this Privacy Policy, unless a longer retention period is required or permitted by law.
We take reasonable measures to protect your personal information from loss, theft, misuse, and unauthorized access, disclosure, alteration, and destruction. These measures may include:
Encryption of data in transit and at rest
Access controls and regular security audits
Regular employee training on data security best practices
Limiting access to personal information to authorized personnel only
Compliance with industry standards and regulations (if applicable)
However, no security system is impenetrable, and we cannot guarantee the security of our systems 100%. In the event that any information under our control is compromised as a result of a breach of security, we will promptly investigate the situation and, where appropriate, notify affected individuals as soon as reasonably possible and in accordance with any applicable laws and regulations.
When we share your personal information with third-party service providers, we ensure that these parties also maintain adequate security measures to protect your data.Your Choices
5.1 Account Information
You may update, correct, or delete your account information at any time by logging into your account or contacting us at [email protected]. Please note that we may retain certain information as required by law or for legitimate business purposes.
5.2 Push Notifications
With your consent, we may send promotional and non-promotional push notifications or alerts to your mobile device. You can deactivate these messages at any time by changing the notification settings on your mobile device.
5.3 Cookies
Cookies are small text files that are placed on your device when you visit a website. They are widely used to make websites work more efficiently and to provide information to the website owners.
Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our offerings.
For more information about cookies and how to manage your preferences, please refer to your browser's help documentation or visit www.aboutcookies.org.
5.4 Promotional Communications
You may opt out of receiving promotional emails from us by following the instructions in those emails or by contacting us at [email protected]. If you opt out, we may still send you non-promotional emails, such as those about your account or our ongoing business relations.Children's Privacy
Our Apps are not intended for children under the age of 13 ("Children"). We do not knowingly collect personally identifiable information from Children. If you are a parent or guardian and you believe that your Child has provided us with personal information, please contact us at [email protected] so that we can delete it. We comply with the requirements of the Children's Online Privacy Protection Act (COPPA) and similar laws worldwide.Changes to This Privacy Policy
We may update our Privacy Policy from time to time. If we make material changes to how we treat your personal information, we will post the new Privacy Policy on this page and notify you by email or through a notice on our platforms. Your continued use of the Apps after the changes have been made will constitute your acceptance of the changes.International Data Transfers
44pixels Limited is based in the United Kingdom, but our data processing activities may involve the transfer of personal data to countries outside the UK/EEA. In particular, please note that your personal data may be transferred to and stored in the countries where our third-party service providers operate.
We take appropriate steps to ensure that your personal data receives an adequate level of protection when transferred outside the UK/EEA. We rely on appropriate safeguards, such as Standard Contractual Clauses approved by the European Commission or the UK's International Data Transfer Agreement (IDTA), to ensure the lawful transfer and protection of your personal data.
By using our Apps and providing your personal data, you acknowledge and agree to the transfer, storage, and processing of your personal data in countries outside the UK/EEA. If you have any questions or concerns about the international transfer of your personal data, please contact us using the information provided in the "Contact Us" section below.Your UK & EEA Privacy Rights
If you are in the UK or EEA, you have certain rights under the UK GDPR and EU GDPR respectively, including the right to:
- Request access to your personal data.
- Request correction of your personal data.
- Request erasure of your personal data.
- Object to processing of your personal data.
- Request restriction of processing your personal data.
- Request transfer of your personal data.
- Withdraw your consent.
If you wish to exercise any of these rights, please contact us at [email protected]. We will respond to your request within one month, in accordance with applicable law. In some cases, we may require additional information to verify your identity before fulfilling your request.
You also have the right to lodge a complaint with the Information Commissioner's Office (UK) or your local data protection authority in the EEA.Contact Us
If you have any questions about this Privacy Policy, please contact us at:
44pixels Limited
[email protected]
Lumi Terms of Use
Last updated: June 12, 2024Please read these Terms of Use ("Terms", "Terms of Use") carefully before using the Chat AI: Lumi mobile application (the "Service") operated by 44pixels Limited ("us", "we", or "our" or “44pixels”), a company registered in the United Kingdom with its registered address at 655 Milton Keynes Business Centre, Foxhunter Drive, Linford Wood, Milton Keynes, MK14 6GD, United Kingdom.
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
Use of the Service
Chat AI: Lumi allows you to chat with Artificial Intelligence (AI) via the mobile application. You agree that your use of the Service and your interaction with the AI is at your own risk. You are responsible for ensuring your use complies with applicable laws and for any consequences arising from your use of the Service. The AI may generate content that is biased, offensive, or factually incorrect, and 44pixels does not endorse or guarantee the quality of this content. Users interact with the AI at their own risk.Payments and Refunds
In-App Purchases
Certain features of the Service may be offered for a fee. You can make a purchase through the respective mobile application store where you downloaded the App (the "Purchase").
To the maximum extent permitted by applicable laws, we may change the Purchase fee and/or payment structure at any time. We will give you reasonable notice of any such pricing changes by posting the new prices on or through the App and/or by sending you an email notification.
Subscriptions
Our Service may offer subscriptions that automatically renew. Unless you cancel your subscription before the end of the subscription period, you authorize the mobile application store to charge you for the renewal term. The terms of autorenewal and cancellation procedure (including any relevant notice periods required to cancel any auto-renew) will be disclosed to you on the Service.
Trial Periods
Our Service may offer trial subscriptions that provide access to the Service for a limited period of time and auto renew unless you cancel before the end of the trial period. The terms of the autorenewal and cancellation procedure (including any relevant notice periods required to cancel any auto-renew) will be disclosed to you on the Service.
We reserve the right, in our absolute discretion, to modify or terminate any trial offer, your access to the Service during the trial, or any of these terms without notice and with no liability. We reserve the right to limit your ability to take advantage of multiple trials.
Refund Policy
Purchases made via a mobile application store are subject to such store's refund policies. This means when a Purchase is made through a mobile application store, we cannot grant refunds. You will have to contact the respective mobile application store's support for refund requests and hereby acknowledge that the payment of any such refund will be a matter between you and the relevant store and there is no direct recourse with us.
Age Requirements
Our Apps are not intended for children under the age of 13 ("Children"). We do not knowingly collect personally identifiable information from Children. If you are a parent or guardian and you believe that your Child has provided us with personal information, please contact us at [email protected] so that we can delete it. We comply with the requirements of the Children's Online Privacy Protection Act (COPPA) and similar laws worldwide.Intellectual Property
The Service and its original content, features and functionality are owned by 44pixels Limited and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. 44pixels Limited retains all intellectual property rights related to the AI-APP, including its source code, UI/UX design, content, and trademarks. Users are granted a limited, non-exclusive, non-transferable license to use the app for personal, non-commercial purposes only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Service without prior written consent.
Any content generated by users in interaction with the AI remains the intellectual property of the user. However, by using the app, users grant 44pixels a perpetual, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, modify, and display this content for the purposes of improving and promoting the Service.By uploading, transmitting, creating, storing, using, editing, or sharing User Content, you grant 44pixels a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, perpetual, sub-licensable, transferrable, worldwide license to use, reproduce, modify, make derivative works of, and otherwise exploit the User Content for the purpose of operating, improving, and developing our existing and future products and services, including but not limited to training our AI models.Prohibited Uses and User Conduct
You may use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service:- In any way that violates any applicable laws or regulations.
- To input or generate any content that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
- To promote sexually explicit or pornographic material, violence, or discrimination.
- To infringe any copyright, trademark or other intellectual property rights.
- To impersonate or attempt to impersonate 44pixels, an employee, another user, or any other person or entity.
- To engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which may harm 44pixels or users of the Service.
- To attempt to circumvent any security measures or features of the Service.
- To generate spam, engage in illegal activities, or violate the rights of others.44pixels reserves the right to review, moderate, and remove any content that violates these Terms or is otherwise objectionable, and to restrict or terminate access to the Service for any user who violates these Terms. 44pixels further reserves the right to terminate user accounts and take legal action against users who violate these terms.
Third Party Services
The Service may include or provide links to third-party services, including OpenAI API and Firebase. These third party services are not under our control and we are not responsible for their content, privacy policies, or practices. Your interactions with these services are solely between you and the applicable third party. By using the Service, you agree to comply with the terms and policies of these third-party services.Privacy Policy
Please refer to our Privacy Policy 44pixels.ai/privacy-policy for information on how we collect, use and disclose information from our users. You acknowledge and agree that your use of the Service is subject to our Privacy Policy. We assure users that their data will be handled in accordance with applicable laws, such as the UK GDPR.Disclaimer of Warranties
The Service is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, 44pixels Limited, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, 44pixels Limited provides no warranty or undertaking, and makes no representation of any kind that the Service will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards, or be error-free or that any errors or defects can or will be corrected. 44pixels does not warrant the accuracy, completeness, or usefulness of any information or content provided by the AI.
Furthermore, you understand and agree that: (i) Output is generated by an Artificial Intelligence; (ii) Output might be false, inaccurate, or misleading; (iii) 44pixels does not guarantee the accuracy, reliability, or appropriateness of any Output. You are solely responsible for verifying the accuracy and reliability of any Output before relying on it.Limitation of Liability
44pixels shall not be liable for any damages arising from the use of the AI, including any actions taken or decisions made based on the AI's output.
In no event shall we (and our affiliates) be liable to you or any third party for any lost profit or any indirect, consequential, exemplary, incidental, special or punitive damages arising from these terms or your use of, or inability to use, the Service (including the app or content), or third-party ads, even if we have been advised of the possibility of such damages. Access to, and use of, the service (including the app, content and user content), and third-party ads are at your own discretion and risk, and you will be solely responsible for any damage to your computing system or loss of data resulting therefrom.
Notwithstanding anything to the contrary contained herein, you agree that the aggregate liability of 44pixels to you for any and all claims arising from the use of the app, content or service is limited to the amounts you have paid to us for access to and use of the service. The limitations of damages set forth above are fundamental elements of the basis of the terms between 44pixels and you.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you and you may also have other legal rights that vary from jurisdiction to jurisdiction.
Indemnification
You agree to indemnify, defend, and hold harmless 44pixels Limited, its officers, directors, employees, agents, licensors, and suppliers from and against all claims, losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees, arising from or relating to your use of the Service, your interaction with the AI, including any claims related to the content generated by you or the AI, or your violation of these Terms. You warrant to 44pixels that you have the necessary legal rights to upload the content to the Service and are not infringing any third party intellectual property rights by doing so and agree to indemnify 44pixels for any loss suffered as a result of the breach of such warranty.Governing Law and Dispute Resolution
These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales.
You agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or their subject matter or formation (including non-contractual disputes or claims). Users are required to first attempt to resolve any disputes through informal negotiation or mediation before proceeding to court.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time without prior notice. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.Entire Agreement
The Terms and our Privacy Policy constitute the entire agreement between you and 44pixels Limited regarding the use of the Service and supersede any prior agreements between you and 44pixels Limited relating to the Service.Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.Contact Us
If you have any questions about these Terms, please contact us at [email protected]
Pixi Terms of Use
Last updated: June 28, 2024Please read these Terms of Use ("Terms", "Terms of Use") carefully before using the Chat AI: Pixi mobile application (the "Service") operated by 44pixels Limited ("us", "we", or "our" or “44pixels”), a company registered in the United Kingdom with its registered address at 655 Milton Keynes Business Centre, Foxhunter Drive, Linford Wood, Milton Keynes, MK14 6GD, United Kingdom.
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
Use of the Service
Chat AI: Pixi allows you to chat with Artificial Intelligence (AI) via the mobile application. You agree that your use of the Service and your interaction with the AI is at your own risk. You are responsible for ensuring your use complies with applicable laws and for any consequences arising from your use of the Service. The AI may generate content that is biased, offensive, or factually incorrect, and 44pixels does not endorse or guarantee the quality of this content. Users interact with the AI at their own risk.Payments and Refunds
In-App Purchases
Certain features of the Service may be offered for a fee. You can make a purchase through the respective mobile application store where you downloaded the App (the "Purchase").
To the maximum extent permitted by applicable laws, we may change the Purchase fee and/or payment structure at any time. We will give you reasonable notice of any such pricing changes by posting the new prices on or through the App and/or by sending you an email notification.
Subscriptions
Our Service may offer subscriptions that automatically renew. Unless you cancel your subscription before the end of the subscription period, you authorize the mobile application store to charge you for the renewal term. The terms of autorenewal and cancellation procedure (including any relevant notice periods required to cancel any auto-renew) will be disclosed to you on the Service.
Trial Periods
Our Service may offer trial subscriptions that provide access to the Service for a limited period of time and auto renew unless you cancel before the end of the trial period. The terms of the autorenewal and cancellation procedure (including any relevant notice periods required to cancel any auto-renew) will be disclosed to you on the Service.
We reserve the right, in our absolute discretion, to modify or terminate any trial offer, your access to the Service during the trial, or any of these terms without notice and with no liability. We reserve the right to limit your ability to take advantage of multiple trials.
Refund Policy
Purchases made via a mobile application store are subject to such store's refund policies. This means when a Purchase is made through a mobile application store, we cannot grant refunds. You will have to contact the respective mobile application store's support for refund requests and hereby acknowledge that the payment of any such refund will be a matter between you and the relevant store and there is no direct recourse with us.
Age Requirements
Our Apps are not intended for children under the age of 13 ("Children"). We do not knowingly collect personally identifiable information from Children. If you are a parent or guardian and you believe that your Child has provided us with personal information, please contact us at [email protected] so that we can delete it. We comply with the requirements of the Children's Online Privacy Protection Act (COPPA) and similar laws worldwide.Intellectual Property
The Service and its original content, features and functionality are owned by 44pixels Limited and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. 44pixels Limited retains all intellectual property rights related to the AI-APP, including its source code, UI/UX design, content, and trademarks. Users are granted a limited, non-exclusive, non-transferable license to use the app for personal, non-commercial purposes only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Service without prior written consent.
Any content generated by users in interaction with the AI remains the intellectual property of the user. However, by using the app, users grant 44pixels a perpetual, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, modify, and display this content for the purposes of improving and promoting the Service.By uploading, transmitting, creating, storing, using, editing, or sharing User Content, you grant 44pixels a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, perpetual, sub-licensable, transferrable, worldwide license to use, reproduce, modify, make derivative works of, and otherwise exploit the User Content for the purpose of operating, improving, and developing our existing and future products and services, including but not limited to training our AI models.Prohibited Uses and User Conduct
You may use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service:- In any way that violates any applicable laws or regulations.
- To input or generate any content that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
- To promote sexually explicit or pornographic material, violence, or discrimination.
- To infringe any copyright, trademark or other intellectual property rights.
- To impersonate or attempt to impersonate 44pixels, an employee, another user, or any other person or entity.
- To engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which may harm 44pixels or users of the Service.
- To attempt to circumvent any security measures or features of the Service.
- To generate spam, engage in illegal activities, or violate the rights of others.44pixels reserves the right to review, moderate, and remove any content that violates these Terms or is otherwise objectionable, and to restrict or terminate access to the Service for any user who violates these Terms. 44pixels further reserves the right to terminate user accounts and take legal action against users who violate these terms.
Third Party Services
The Service may include or provide links to third-party services, including OpenAI API and Firebase. These third party services are not under our control and we are not responsible for their content, privacy policies, or practices. Your interactions with these services are solely between you and the applicable third party. By using the Service, you agree to comply with the terms and policies of these third-party services.Privacy Policy
Please refer to our Privacy Policy 44pixels.ai/privacy-policy for information on how we collect, use and disclose information from our users. You acknowledge and agree that your use of the Service is subject to our Privacy Policy. We assure users that their data will be handled in accordance with applicable laws, such as the UK GDPR.Disclaimer of Warranties
The Service is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, 44pixels Limited, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, 44pixels Limited provides no warranty or undertaking, and makes no representation of any kind that the Service will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards, or be error-free or that any errors or defects can or will be corrected. 44pixels does not warrant the accuracy, completeness, or usefulness of any information or content provided by the AI.
Furthermore, you understand and agree that: (i) Output is generated by an Artificial Intelligence; (ii) Output might be false, inaccurate, or misleading; (iii) 44pixels does not guarantee the accuracy, reliability, or appropriateness of any Output. You are solely responsible for verifying the accuracy and reliability of any Output before relying on it.Limitation of Liability
44pixels shall not be liable for any damages arising from the use of the AI, including any actions taken or decisions made based on the AI's output.
In no event shall we (and our affiliates) be liable to you or any third party for any lost profit or any indirect, consequential, exemplary, incidental, special or punitive damages arising from these terms or your use of, or inability to use, the Service (including the app or content), or third-party ads, even if we have been advised of the possibility of such damages. Access to, and use of, the service (including the app, content and user content), and third-party ads are at your own discretion and risk, and you will be solely responsible for any damage to your computing system or loss of data resulting therefrom.
Notwithstanding anything to the contrary contained herein, you agree that the aggregate liability of 44pixels to you for any and all claims arising from the use of the app, content or service is limited to the amounts you have paid to us for access to and use of the service. The limitations of damages set forth above are fundamental elements of the basis of the terms between 44pixels and you.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you and you may also have other legal rights that vary from jurisdiction to jurisdiction.
Indemnification
You agree to indemnify, defend, and hold harmless 44pixels Limited, its officers, directors, employees, agents, licensors, and suppliers from and against all claims, losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees, arising from or relating to your use of the Service, your interaction with the AI, including any claims related to the content generated by you or the AI, or your violation of these Terms. You warrant to 44pixels that you have the necessary legal rights to upload the content to the Service and are not infringing any third party intellectual property rights by doing so and agree to indemnify 44pixels for any loss suffered as a result of the breach of such warranty.Governing Law and Dispute Resolution
These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales.
You agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or their subject matter or formation (including non-contractual disputes or claims). Users are required to first attempt to resolve any disputes through informal negotiation or mediation before proceeding to court.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time without prior notice. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.Entire Agreement
The Terms and our Privacy Policy constitute the entire agreement between you and 44pixels Limited regarding the use of the Service and supersede any prior agreements between you and 44pixels Limited relating to the Service.Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.Contact Us
If you have any questions about these Terms, please contact us at [email protected]