Terms of Service

Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and PixelShift ("we," "our," or "us") governing your access to and use of the PixelShift application and website (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, do not access or use our Services.

Changes to Terms

We may modify these Terms at any time. If we make changes, we will provide notice of such changes, such as by sending an email notification, providing notice through the Services, or updating the "Last Updated" date at the beginning of these Terms. Your continued use of the Services following notification of changes will constitute your acceptance of such changes. If you do not agree with any modifications to these Terms, you must immediately stop using the Services.

Privacy Policy

Please refer to our Privacy Policy for information about how we collect, use, and disclose information about you.

Account Registration

You may need to register for an account to access certain features of the Services. When you register for an account, you must provide accurate and complete information and keep this information updated. You are responsible for safeguarding your account credentials and for all activities that occur under your account. Notify us immediately of any unauthorized use of your account.

Subscription Terms

Some aspects of the Services may be available on a subscription basis. If you choose to purchase a subscription, the following terms apply:

• Billing Cycle: Your subscription will automatically renew at the end of each subscription period unless you cancel it before the renewal date.
• Free Trial: We may offer a free trial period for subscriptions. After the trial period, your payment method will be charged the applicable subscription fee unless you cancel before the trial ends.
• Cancellation: You can cancel your subscription at any time through your account settings or by contacting us. If you cancel, you may continue to use the subscription until the end of your current billing period, but you will not receive a refund for any unused portion of your subscription.
• Price Changes: We may change the price of subscriptions from time to time. Any price changes will take effect following notice to you.

User Content

Our Services allow you to upload, store, and modify images and other content ("User Content"). You retain all rights in your User Content. By uploading User Content, you grant us a non-exclusive, worldwide, royalty-free license to use, copy, modify, create derivative works based on, distribute, publicly display, and publicly perform your User Content for the purpose of operating and providing the Services.

You are solely responsible for your User Content and the consequences of sharing it through the Services. By uploading User Content, you represent and warrant that:

• You own or have the necessary rights to share your User Content;
• Your User Content does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity;
• Your User Content complies with these Terms and all applicable laws and regulations.

Prohibited Conduct

You agree not to engage in any of the following prohibited activities:

• Using the Services for any illegal purpose or in violation of any local, state, national, or international law;
• Violating or encouraging others to violate any right of a third party, including intellectual property rights;
• Uploading or sharing User Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable;
• Attempting to reverse engineer any portion of the Services;
• Attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Services;
• Using any robot, spider, crawler, scraper, or other automated means to access the Services;
• Bypassing measures we may use to prevent or restrict access to the Services.

Intellectual Property Rights

The Services and all content and materials included on the Services (other than User Content), including, but not limited to, text, graphics, logos, images, and software, are the property of PixelShift or our licensors and are protected by copyright, trademark, and other intellectual property laws.

We grant you a limited, non-exclusive, non-transferable, and revocable license to use the Services for their intended purposes, subject to these Terms. You may not:

• Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any content obtained from the Services;
• Use any branding, product names, logos, or trademarks displayed on the Services without our written consent;
• Remove any copyright, trademark, or other proprietary notices from the Services.

Termination

We may terminate or suspend your access to the Services at any time, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Services will immediately cease.

Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PIXELSHIFT OR OUR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES.

Indemnity

You agree to defend, indemnify, and hold harmless PixelShift and our officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from your use of and access to the Services, your violation of these Terms, or your violation of any third party right.

Governing Law

These Terms shall be governed by the laws of the State of California, without respect to its conflict of laws principles. Any dispute arising from or relating to these Terms or your use of the Services shall be subject to the exclusive jurisdiction of the state and federal courts located in San Francisco County, California.

Contact Information

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

pixelshift@ruvixlabs.com