MyPixAI - Terms of Use and Privacy Policy

Last updated and effective date: October 8th, 2024
Please Read Carefully

These Terms of Use ("Agreement" or "Terms of Use") govern your use of the services offered by MyPixAI.com. By accessing or using the MyPixAI websites and related services—including any features, content, or applications offered from time to time (collectively, "Service(s)")—you agree to be bound by these Terms.

Acceptance of Terms

The Service is provided subject to your acceptance of all these Terms of Use and any other operating rules, policies, or procedures that may be published by MyPixAI from time to time. Additional terms and conditions may apply to certain services, which will become part of these Terms by reference. MyPixAI reserve the right to refuse service to anyone and to change eligibility criteria at any time.

Rules and Conduct

By using the MyPixAI applications, you agree that the Service is intended solely for creating AI models of yourself or others with explicit consent. When creating AI models of others, you must have their express permission to use their photos and to generate AI-generated images of them.

You agree not to use the Service for any unlawful purpose or in violation of these Terms. This includes, but is not limited to, actions that infringe intellectual property rights, are threatening, abusive, defamatory, deceptive, or invasive of privacy. You must not create content that exploits or harms minors, disseminates false information, impersonates others, or promotes violence or terrorism.

You agree not to use the Service to generate nudity or pornography.

By uploading content, you expressly agree not to upload or share any photographs or content depicting minors (individuals under the age of 18). We reserve the right to monitor and remove any content featuring minors and report such instances to appropriate law enforcement authorities.

You also agree not to:

DMCA and Takedown Policy

We respect intellectual property rights and expect our users to do the same. If you believe your copyright or trademark is being infringed by the Service, please contact us at [email protected]. We will investigate and take appropriate actions under the Digital Millennium Copyright Act and other applicable laws.

Modification of Terms

MyPixAI reserve the right to modify or replace any part of these Terms, or change, suspend, or discontinue the Service at any time. Changes will be posted on our websites or communicated via email. It is your responsibility to check these Terms periodically for changes. Continued use of the Service constitutes acceptance of any changes.

Trademarks and Patents

All MyPixAI logos, marks, and designations are trademarks or registered trademarks ofMyPixAI. Other trademarks mentioned are the property of their respective owners. You may not use any trademarks displayed on the website without prior written consent.

Licensing Terms

Subject to compliance with these Terms and applicable laws:

Each user must have a unique account and is responsible for any activity conducted on it. Violation of these Terms may result in immediate termination of your right to use the Service.

By using the Service, you grant MyPixAI a perpetual, worldwide, non-exclusive, royalty-free license to use, reproduce, adapt, and distribute any text prompts and images you input or assets produced by the Service at your direction. This license allows us to provide, maintain, promote, and improve the Service, comply with laws, and enforce our policies. This license survives termination of this Agreement.

Fees and Payments

By completing your purchase, you agree to immediate access to digital content and waive your right to a 14-day withdrawal period. MyPixAI offer free and paid Services. You can subscribe to a monthly plan payable in U.S. dollars, which automatically renews monthly. You may cancel at any time, but no refunds or credits will be provided for amounts already billed or paid. Prices are subject to change, which will not affect current subscriptions until renewal.

Unless stated otherwise, subscription fees do not include taxes. You are responsible for all applicable taxes and agree to pay them timely. If any fees are past due, we may suspend your access to the Services after providing written notice.

Termination

MyPixAI may terminate your access to the Service if you fail to comply with these Terms, resulting in the forfeiture of all information associated with your account. Either party may terminate the Services at any time upon written notice. Upon termination, all rights and licenses granted to you will immediately terminate, but provisions that should survive will remain in effect.

Indemnification

You agree to defend, indemnify, and hold harmless MyPixAI, its affiliates, and their employees, contractors, and representatives from all liabilities, losses, claims, and expenses arising from your use or misuse of the Service or violation of these Terms or any applicable law.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL MYPIXAI, OR THEIR DIRECTORS, EMPLOYEES, AGENTS, OR PARTNERS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SERVICE. IN NO EVENT SHALL THEIR TOTAL LIABILITY EXCEED THE FEES PAID BY YOU OR $500, WHICHEVER IS GREATER.

Disclaimer

YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. MYPIXAI DISCLAIM ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Age Requirements

By accessing the Services, you confirm that you are at least 18 years old and meet the minimum age of digital consent in your country. If you are under the legal age, your parent or guardian must agree to these Terms on your behalf. Parents or guardians allowing minors to use the Services are responsible for their activity.

Miscellaneous

These Terms constitute the entire agreement between you and MyPixAI regarding the Service and supersede all prior agreements. If any provision is found unenforceable, it will be limited to the minimum extent necessary, and the remaining Terms will remain in full effect. Failure to enforce any right or provision does not constitute a waiver of such right or provision.

MyPixAI shall not be liable for any failure to perform due to causes beyond their reasonable control. These Terms are personal to you and not assignable or transferable without prior written consent. We may assign or delegate our rights and obligations without consent.

Contact Us

For any questions regarding the Service, please email us at [email protected].

Your Rights to Use the Site; Our Content and Intellectual Property Rights

Subject to these Terms, MyPixAI grant you a limited, non-exclusive, revocable, personal license to access and use the Site solely for non-commercial and informational purposes.

Unless otherwise indicated, all content displayed on the Site—including text, images, designs, logos, and software—is owned by MyPixAI or their licensors ("Site Content") and is protected by intellectual property laws. All rights are reserved.

You may not use any trademarks, logos, or service marks displayed on the Site without prior written permission from the owner.

Prohibited Uses

You are responsible for your activities while using the Site and must comply with all applicable laws and regulations. You agree not to:

DMCA Copyright Infringement Notice

If you believe that copyrighted material on the Site is being used in a way that infringes your copyright, you may submit a Notice of Infringing Material. Before doing so, you may wish to consult a lawyer to understand your rights under the DMCA and other laws.

Termination of Repeat Infringers

We will terminate or disable access to the Site for users deemed repeat copyright infringers.

Disclaimer

THE SITE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. MYPIXAI DISCLAIM ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We reserve the right to modify or discontinue the Site at any time without liability.

Limitation of Liability

YOU AGREE THAT MYPIXAI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SITE. IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED ONE HUNDRED DOLLARS ($100).

Links to and From Other Websites

The Site may contain links to third-party websites. These Terms apply only to our Site and not to any linked sites. We are not responsible for the content or practices of any third-party websites.

You may link to our Site, provided the link does not imply any endorsement or sponsorship by us. You may not frame or inline link any content without our prior written permission.

Dispute Resolution by Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY, AS IT AFFECTS YOUR RIGHTS.

You and MyPixAI agree to resolve any disputes through final and binding arbitration, except for claims that may be resolved in small claims court. You waive the right to a trial by jury or to participate in a class action.

Before initiating arbitration, you must send a written Notice of Claim to [email protected]. If the dispute is not resolved within 60 days, either party may commence arbitration proceedings.

The arbitration will be conducted in the United Arab Emirates under the American Arbitration Association's Consumer Arbitration Rules. Both parties agree to keep the arbitration proceedings confidential.

You may opt out of this arbitration agreement by sending an opt-out notice within 30 days of first accessing the Site.

Choice of Law

All claims shall be governed by the laws of the United Arab Emirates without regard to conflict of law principles. Any claims not subject to arbitration shall be litigated in the courts of the United Arab Emirates.

Waiver and Severability

Failure to enforce any right or provision of these Terms shall not constitute a waiver. If any provision is held invalid, the remaining provisions will remain in effect.

Entire Agreement; Construction

These Terms constitute the entire agreement between you and MyPixAI regarding your use of the Site.

Assignment and Delegation

You may not assign or delegate any rights or obligations under these Terms. Any attempted assignment will be null and void. We may assign or delegate our rights and obligations without consent.

Notices

All notices should be sent to [email protected]. Notices are deemed given on the date of receipt.

Changes to these Terms

We may modify these Terms by posting a revised version on the Site or providing notice to you. Changes will not apply retroactively and will become effective after 14 days. Continued use of the Site after changes constitutes acceptance.

Privacy

Our commitment to privacy is outlined in this Privacy Statement, describing how we collect and process personal information like your name or email address.

Information Gathering

We collect information when you provide it directly, such as your name, contact details, payment information, and content you upload. We also collect information automatically through your use of our Services, like device information, geolocation data, and usage data. Additionally, we may receive information about you from third-party sources.

Information Use

We use personal information to provide and improve our Services, communicate with you, and offer customer support.

Information Sharing

We share your information with your consent, as needed to provide Services, to comply with laws, or to prevent harm. We may also share non-personal information in accordance with applicable laws.

Information Protection

We implement security measures to safeguard your personal information and retain it only as long as necessary. In case of a security breach, we will notify you as required by law.

Other Information

Your information may be stored in countries outside your own. By providing information, you consent to such transfers. We do not knowingly collect information from individuals under 13 years of age.

Rights for European Economic Area, United Kingdom, Swiss, and California Users

Users have rights under the GDPR and CCPA, including the right to know what personal information is collected, access it, request deletion, and exercise privacy rights without discrimination.

To exercise these rights, please contact us at [email protected].

Changes

We may update this Privacy Statement from time to time. Changes will be posted online with an effective date. Continued use of our Services after changes constitutes acceptance.

Contact Us

For any questions or concerns, please email us at [email protected].