1. Preamble
1.1. Web Future Studio SRL (hereinafter, “We,” “Us”, “Our” and “the Operator”) is a company duly incorporated under the laws of Romania, with its registered headquarters in 15 Episcopul Chesarie street, office 2, room 1, Tronson F building, ground floor, district 4, Bucharest, registered with the Bucharest Trade Registry under number J40/13263/2006, having sole registration number 18942124. We operate the website www.pixelpro.ai, a web-based application for editing photos. These Terms of Use apply to all users of the website www.pixelpro.ai (hereinafter: “You”, “Your” and “the User”).
1.2. The additional definitions apply for the purposes of these Terms of Use:
2. The policy for providing online services
2.1. The access to the Platform in order to benefit from the online Services provided by the Operator is allowed to any User, as long as no requirements set forth in these Terms of Use or in the legislation currently in force are violated by the User.
2.2. The Operator has the right to restrict the use of the Platform or to block a User if it deems that the User’s conduct or activity on the Platform would damage the Operator in any manner. In either situation, the User may refer to the designated representatives of the Operator in order to obtain information on the reasons that led to the application of the above-mentioned measures.
2.3. By giving consent, the User agrees that the Operator may store the User’s IP address to verify extensive use of the Platform.
2.5. The Operator is not and may not be held liable for any additional cost born by the User, including, but not limited to foreign exchange commissions applied by the issuing bank of his card. The responsibility for this action belongs solely to the User.
2.6. After 14 (fourteen) days from the acquisition of the Services provided by the Operator, the User will be requested to register a review concerning such services. The request will be transmitted to the e-mail address registered by the User in the Account.
3. Assignment and subcontracting
3.1. The Operator may assign and/or subcontract to a third party the performance of certain Services related to an Order placed by a User, with the prior information of the User, but without his consent. The Operator will always be responsible towards the User for all its contractual obligations.
4. Intellectual property rights
4.1. The Content, as defined in the preamble, including, but not limited to logos, stylized representations, commercial symbols, static images, dynamic images, text and/or multimedia content presented on the Platform, represents the exclusive property of the Operator, to which all the rights directly or indirectly obtained for such purpose are reserved (through usage licenses and/or publication).
4.2. It is forbidden for the User to copy, distribute, publish, transfer to third parties, amend and/or otherwise alter, use, present, or include the Content in any other context except for the one originally intended by the Operator. The elimination of the symbols that represent the Operator’s copyright, as well as the transfer, sale, and distribution of any materials may be performed solely with the express written consent of the Operator.
4.3. The User may copy, transfer and/or use Content solely for purposes which do not conflict with the provisions of these Terms of Use. Any usage of the Content for any other purposes besides the ones expressly set forth under this document is strictly forbidden.
5. Placing an Order and payment
5.1. In order to benefit from the Services provided by the Operator, the User must create an Account on the Platform and subsequently acquire the Credits necessary for the desired number of photos to be processed using the Platform.
5.2. Creation of multiple accounts for the same person is not allowed.
5.3. The fees applicable for the Services provided by the Operator are published on the Platform, are expressed in USD, and are exclusive of any taxes, including VAT, if applicable.
5.4. Changes to the fees published on the Platform shall take effect immediately.
5.5. The fees may be paid by the User using a bank card.
5.6. The User has the right to process photos (image files) in the amount equivalent to the credits acquired.
5.7. A photo (image file) is considered to have been processed when the User, after acquiring the necessary Credits, click the Download button.
6. Rights and obligations of the User
6.1. The User undertakes to refrain from any actions that endanger the functionality or operation of the software. In particular, the User is prohibited from carrying out any actions that scan or test weak points of the software, bypass security systems or access systems of the software, or integrate malware into the software.
6.2. The User is entitled to withdraw from the present Terms of Use, respectively to waive the performance of a certain Service, under a term of 14 calendar days calculated as of the conclusion date of the present Terms of Use without providing any reason and without bearing any costs. In order to exert his right to withdraw from the present Terms, the User will send an e-mail requesting the withdrawal at the following e-mail address: team@pixelpro.ai.
6.3. The User may not exert his right to withdraw from the present Terms of Use if the Services object of the Order placed by the User have been entirely rendered by the Operator, respectively if all the photos (image files) in relation to which the User paid the necessary Credits have been processed through the Platform.
6.4. By placing an Order of the Platform, the User confirms that he agrees with the performance by the Operator of the requested Services.
6.5. By the acceptance of the present Terms of Use through the creation of an Account on the Platform, the User acknowledges the fact that he is not entitled to exert a withdrawal right from the Terms once the obligations assumed by the Operator based on such Terms have been entirely performed.
6.6. If the User exerts his right to withdraw from the present Terms of Use in compliance with the relevant legal provisions, the Operator will reimburse to the User all amounts corresponding to the Services not rendered by it without an unjustified delay and, in any case, no later than 14 calendar days as of the date when the User’s decision to withdraw from the Terms was communicated to Us in compliance with article 6.2 above.
6.7. The User guarantees that he has all the necessary rights (such as copyright, ancillary copyright, industrial property rights, trademark rights) for processing the uploaded photos.
6.8. The use of the Platform by the User for the following purposes is strictly prohibited: research/development of artificial intelligence (in particular generation of training data), military use, pornography, gambling/betting, terrorism, creation of “fake news”. It is also forbidden for the Platform to be used by organizations that carry out, encourage or require unlawful violence or physical injury to persons or property, or carry out, encourage or require unlawful force against any group based on race, religion disability, gender, sexual orientation or national origin.
7. Warranty and liability
7.1. The Operator is not liable for the speed of the software, its availability, data loss, or the correctness of the results. However, the Operator will make all best efforts in order to make the Platform available to the User 98% of the time, calculated over one year. Availability is provided if the Platform can be accessed via an Internet connection that meets the system specifications.
7.2. The Operator may not be held liable for any kind of damages that the User or third party may suffer as a result of the performance by the Operator of any of its obligations in accordance with the Order placed by the User using the Platform and for any kind of damages that result from the usage of the Services rendered pursuant to these Terms of Use. For the avoidance of any doubt, the parties expressly agree that the Operator may not be held liable for any damages caused to third parties resulting from the User’s processing of uploaded photos in absence of necessary rights for such an operation, such as copyright, ancillary copyright, industrial property rights and/or trademark rights.
7.3. By the creation and usage of the Account, the User shall take the overall responsibility for maintaining the confidentiality of the Account data (user and password) and for administering the Account and, to the extent allowed by the legislation currently in force, is responsible for the activity deployed through his Account.
7.4. By the creation of the Account and/or usage of the Content and/or placing of an Order, the User expressly and clearly accepts the Terms of Use of the Platform in the last updated version that is presented on the website, as such Terms exist on the date when the Account is created and/or the Content is used and/or the Order is placed.
7.5. The Operator reserves his right to periodically update and amend the Terms of Use of the Platform in order to reflect any amendments of the manner and functioning conditions of the website or any amendments of legal requirements. The document is opposable to Users as of its publication date on the Platform. In case of any such amendment, We will publish on the Platform the amended version of the Terms of Use, for which reason We ask You to periodically verify the content of this document.
8. Duration of the Terms of Use
8.1. These Terms of Use shall be deemed concluded between the Operator and the User when the User’s Account is created on the Platform. The Terms are concluded for an indefinite period of time.
8.2. The Terms of Use may be terminated by either party through e-mail at the provided contact data. In addition, the User has the option to terminate the Terms of Use directly in the Account in the Dashboard area. The termination shall take place immediately.
8.3. The Terms of Use may be terminated by the Operator for good cause with immediate effect. The following constitute good causes in any case:
8.3.1. if the User breaches the provisions of these Terms of Use and does not desist from the conduct that breaches such Terms even after a written reminder within a period of seven business days;
8.3.2. if the User violates point 6.7 and 6.8 of these terms.
9. Force majeure
9.1. None of the parties will be held liable for the failure to comply with their incumbent contractual obligations if such failure is totally or partially caused by a force majeure event. The force majeure is the unpredictable event, which falls outside the control of the parties and which may not be avoided.
9.2. If under a term of 15 days as of the occurrence date of an event, such event does not cease, each party will be entitled to notify to the other party the termination of these Terms of Use by operation of law, without the possibility for any party to request damages from the other party.
10. Confidentiality and data protection
10.1. Both parties will maintain the confidentiality of the information provided by the other party. The disclosure of the provided information will be performed solely under the conditions provided by this document.
10.2. Please carefully read the Privacy Policy concerning the processing of personal data, which is part of this document and which can be viewed at www.pixelpro.ai/privacy-policy.
11. Concluding provisions
11.1. Legal disputes arising from these Terms of Use are governed exclusively by Romanian law.
11.2. The exclusive jurisdiction for disputes arising out of or in connection with these Terms of Use shall be the competent court in Bucharest City, Romania, except for the situation in which imperative norms set forth the exclusive jurisdiction of other courts of law.
11.3. Changes and/or additions to these Terms of Use must be made in writing to be valid; written form is also required for departure from this formal requirement.
11.4. Should individual provisions of these Terms of Use be void, unenforceable, and/or invalid, this shall not result in the invalidity, unenforceability, and/or invalidity of the entire Terms. In this case, the contracting parties undertake to agree on a provision which is as close as possible economically to the purpose pursued by the void, unenforceable, and/or invalid provision to replace the void, unenforceable, and/or invalid provision.
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