Pixelesq AI Website Builder

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Our policies and legal agreements

Last updated: May 26, 2025

Terms of Service

These terms contain a binding arbitration clause and class action waiver in Section 19 that affect your rights. Please read carefully. By using the services, you agree to these terms.

1. Acceptance of Terms

In short: By using Pixelesq’s Services, you are agreeing to these legally binding terms. If you are using the Services on behalf of a company or other entity, you represent that you have the authority to bind that entity to these terms.

Welcome to Pixelesq! Pixelesq, Inc. (“Pixelesq,” “we,” “us,” or “our”) provides its website, applications, and AI-powered products and services – including Magic Create, Magic Scale, Magic Migrate, and any other services we may offer (collectively, the “Services”) – to you, the user (“you” or “your”), subject to these Terms of Service (“Terms”).

By accessing or using our Services in any way (for example, by creating an account, using our website, or utilizing any Pixelesq application or feature), you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not use the Services.

If you are using the Services on behalf of an organization or legal entity (for example, your employer or your company), you represent and warrant that you have the authority to bind that organization to these Terms. In that case, references to “you” and “your” in these Terms will also refer to that organization (and you personally, as an individual user, as applicable).

2. Changes to Terms or Services

In short: We can update these Terms over time. If we make material changes, we will notify you. Continued use of the Services after changes means you accept the new terms. We may also update or discontinue parts of the Services at any time.

Pixelesq may revise these Terms from time to time to reflect changes in our Services, technology, legal requirements, or for other reasons. If we make a significant change, we will provide you with notice, such as by posting the updated Terms on our website and updating the “Effective Date” above, or by sending an email or notification through the Service. We encourage you to review these Terms periodically.

Your continued use of the Services after the revised Terms have become effective indicates that you have read, understood, and agreed to the current version of the Terms. If you do not agree to any update, you must stop using the Services.

Additionally, Pixelesq reserves the right to modify, suspend, or discontinue all or part of the Services at any time (such as by adding or removing features, or shutting down the service), on a temporary or permanent basis, with or without notice. We will not be liable to you or any third party for any such modification, suspension, or discontinuance. If you are on a paid subscription and we discontinue the Service in its entirety, you may be entitled to a pro-rata refund for the unused portion of your subscription, as described in the Payment section.

3. Eligibility and Accounts

In short: You must be old enough and capable to use our Services (generally 13+ or 16+ depending on your region). You agree to provide accurate information and keep your account secure. You’re responsible for anything that happens under your account.

  • Eligibility Requirements: The Services are intended for users who are at least the age of majority in their jurisdiction, or if under the age of majority, old enough to consent to the processing of their personal data and to enter into a contract (for most users, this means you must be at least 13 years old, and in certain places like California or the EU, you must be at least 16). You must not use the Services if you are under 13 years old under any circumstances. If you are between 13 and 18 (or the age of legal majority where you live), you may use the Services only with the supervision and consent of a parent or legal guardian who agrees to be bound by these Terms. The Services are not intended for anyone under the age of 13, and we do not knowingly allow such individuals to use the platform.

  • Account Registration: To access certain features of the Services (such as creating content or using our AI tools), you may need to create an account. You agree to provide true, current, and complete information during sign-up and to update this information promptly if it changes. This includes providing a valid email address and any other information we request to set up your account. We reserve the right to refuse registration or cancel accounts that violate these Terms or that we suspect are being used for unauthorized or unlawful purposes.

  • Account Security: You are responsible for maintaining the confidentiality of your account login credentials (username and password) and for restricting access to your account. Do not share your password or account access with others who are not authorized. If you are using our Services as part of an organization with multiple authorized users, each user should have their own account or sub-account as allowed; do not share one account among multiple people unless permitted by your plan and managed via our authorized user features.

  • Responsibility for Account Activities: You are responsible for all activities that occur under your account, whether or not you personally carry them out. If you become aware of any unauthorized use of your account or any security breach, you must notify us immediately at hello@pixelesq.com. Pixelesq is not liable for any loss or damage arising from unauthorized use of your account (but you could be held liable for losses of Pixelesq or others due to such unauthorized use).

  • Profile and Username: If our Services allow you to choose a display name or upload a profile image, you must not use any name or image that is offensive, infringes someone’s rights, or impersonates another person. We may reclaim or require you to change your username if we deem it inappropriate or if it violates someone’s trademark or other rights.

  • Account Termination: You may close your account at any time by following the procedures on the platform or contacting us. We may terminate or suspend your account according to the Termination section of these Terms if you violate these Terms or for other reasons as determined in our discretion.

4. Description of Services

In short: Pixelesq provides AI-driven tools (like Magic Create, Magic Scale, and Magic Migrate) to help you generate, transform, or migrate content. Our Services include the software, platform, and any related websites or support. We grant you a right to use our Services, and you must use them only as permitted by these Terms and any law.

Pixelesq’s Services consist of an online platform and software applications that utilize large language models and other artificial intelligence technologies to assist users in creative and development tasks. Our current product offerings include:

  • Magic Create: An AI feature that generates content (such as text, designs, code, or other outputs) based on your prompts or instructions.

  • Magic Scale: A tool that uses AI to upscale or enhance content (for example, increasing the resolution of an image or adapting a design to different sizes).

  • Magic Migrate: A tool to help convert or migrate content from one format or platform to another using AI-driven processes.

  • Other related features, tools, and services that we may introduce from time to time.

Collectively, all these offerings, along with our website, APIs, and any downloadable software (such as plugins or mobile apps) are referred to in these Terms as the “Services” or “Pixelesq Platform.”

Subject to your compliance with these Terms, Pixelesq grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Services for your internal purposes. This means you can use our platform to create and manage your own projects, for personal or business use, but you do not gain ownership of any part of the Service itself.

All software, code, algorithms, and technology that operate the Services are owned by or licensed to Pixelesq (see Intellectual Property below). We are providing you the right to use our Services, but only in accordance with these Terms.

You understand that the nature of AI features means that the output is generated by algorithms based on patterns in training data. While our Services are designed to be useful and accurate, AI-generated content may not always be correct or appropriate (see AI Features and Output section for more details and limitations on use of AI outputs).

We are constantly improving our Services. Accordingly, the form and nature of the Services may change from time to time without prior notice. We reserve the right to introduce new features, impose limits on certain functionalities, or restrict access to parts or all of the Services at our discretion, with or without notice (though we will endeavor to notify users of major changes).

5. Fees and Payment

In short: Some Services may require payment. If you’re on a paid plan or purchase something, you agree to pay the fees and any applicable taxes. Subscriptions will auto-renew unless you cancel. We use Stripe to process payments. You authorize us to charge your payment method and understand our refund and cancellation policies.

  • Pricing and Plans: Certain Services or features are offered for a fee (for example, premium plans for heavier usage of our AI tools or additional storage). The pricing, subscription tiers, and payment schedules are described on our website or in the app interface. We may offer a free tier with limited features and paid tiers with additional features or usage limits. All fees are stated in U.S. dollars (unless otherwise specified) and are exclusive of any taxes (discussed below).

  • Payment Processing: We use Stripe, a secure third-party payment processor, to handle credit card and other payment transactions. By providing a payment method, you represent and warrant that you are authorized to use that payment method and you authorize Stripe and Pixelesq to charge your payment method for the total amount of your subscription fees, purchases, or any other charges you incur (including any applicable taxes and late fees, as applicable). All payment information is subject to Stripe’s terms and privacy policy; Pixelesq does not store your full credit card details.

  • Subscription Term and Auto-Renewal: If you purchase a subscription to our Services, your subscription will begin on the date of purchase (or end of a free trial, if applicable) and continue for the subscription period indicated (e.g., monthly or annually). Auto-Renewal: Subscriptions automatically renew at the end of each term for an additional term of the same length, unless you cancel your subscription before the renewal date. For example, a monthly plan will renew on a monthly basis, and an annual plan will renew annually. We will charge your designated payment method on the day the subscription renews, unless you have cancelled in advance.

  • Cancellation: You may cancel your subscription at any time by accessing your account settings or contacting us at hello@pixelesq.com. If you cancel, the cancellation will take effect at the end of your current billing period. You will retain access to the paid features until the end of the period you already paid for, but you will not be charged for the next period. Please note: Except as required by law or explicitly provided in these Terms, we do not offer prorated refunds for cancellations in the middle of a billing cycle. For instance, if you cancel halfway through a month or year, you typically will not receive a refund for the remaining days — your account will simply remain premium until the end of the paid term and then downgrade or close at renewal.

  • Free Trials and Promotions: We may offer free trials or discounted offers for a premium subscription. Unless otherwise stated, any free trial offer must be used within the specified time of the trial. If you do not cancel by the end of the trial period, your account may automatically convert to a paid subscription and your payment method will be charged. We will inform you of the auto-conversion when you sign up for the trial.

  • Changes in Fees: Our prices and subscription offerings may change over time. If the pricing for your subscription changes, we will give you advance notice (e.g., by email or notification through the Service) of the new fees and when they will take effect. Price changes will not apply retroactively and generally will apply only for subscription periods starting after the effective date of the new pricing. If you do not agree to a price change, you must cancel your subscription before the next billing date on which the new price takes effect. Your continued use of the Services after the price change goes into effect constitutes your agreement to pay the new price.

  • Taxes: All fees are exclusive of taxes, and you are responsible for any applicable sales, use, value-added, or other governmental taxes, fees or charges (collectively, “Taxes”) on your purchase. If Pixelesq is obligated to collect Taxes, the applicable tax will be added to your billing amount.

  • Late Payments: If we are unable to charge your payment method (for example, due to expiration or insufficient funds) and you have not cancelled the Service, we may attempt to contact you or suspend your access until payment is received. You agree to provide a valid payment method and update it as necessary so we can process payments.

  • Refunds: Except as explicitly provided in these Terms or as required by law, fees are non-refundable. However, if you believe there has been an error in billing or you experienced a serious issue with the Service that might warrant a credit or refund, please contact us at hello@pixelesq.com and we will review on a case-by-case basis. If we terminate your account without cause (i.e., not due to your breach of these Terms), we will refund any pre-paid, unused portion of your subscription.

6. User Content and Ownership

In short: You retain ownership of all content you create or upload to our Services. We don’t claim it. You give us permission (a limited license) to use it only as needed to run and improve the service (and only to train our AI if you opt-in). You are responsible for your content and must ensure it doesn’t violate laws or rights. We may remove content that violates these Terms.

  • Your Content: “User Content” means any and all content or materials that you (or your authorized users) submit, upload, transmit, or otherwise make available through the Services. User Content includes, for example, text, images, designs, files, datasets, or any input you provide to our AI Features (“Input”), as well as the outputs generated for you by the AI based on your input (“Output”), and any feedback, comments, or suggestions you send us (except that we treat feedback separately in the Feedback section). You retain full ownership of all intellectual property rights in your User Content, to the extent such content is originally yours.

  • No Transfer of Ownership: We do not claim any ownership over your User Content. As between you and Pixelesq, you own your User Content. These Terms do not give us any rights to your content except for the limited rights that allow us to run and improve the Services, as explained below.

  • Rights You Grant to Pixelesq: When you upload or otherwise share User Content through the Services, you grant Pixelesq and our service providers a worldwide, non-exclusive, royalty-free, fully-paid, sublicensable (to our service providers and contractors), license to use, host, copy, store, reproduce, modify (for technical purposes, e.g., resizing or reformatting), create derivative works of (for example, for adaptations or technically necessary modifications), display, perform, and distribute your User Content solely for the purposes of operating, providing, and improving the Services and as otherwise permitted by our Privacy Policy. This license enables us, for example, to display your content to you and those you share it with, to back up your content, to send you and your collaborators (if you have shared content) emails about it, and to analyze or debug the Service. If you choose to share or make public any User Content (such as by sharing a design with others or making it publicly viewable), you also grant us the right to make that shared content available as directed by you. We will never sell your User Content to third parties or use it to advertise to others.

  • AI Model Training Opt-Out: We will not use your User Content to train or improve our machine learning models unless you give us permission. By default, your content (including Inputs and Outputs) are excluded from any such use. If you explicitly opt-in (through a setting or other written agreement) to allow use of your content for model training, you grant us an additional license to use your User Content for the purpose of improving, training, and tuning our AI and machine learning models and algorithms. Such content may be analyzed by us in aggregate with other users’ data and used to improve the accuracy and capabilities of our Services’ AI features. You can change your preference at any time via your account settings. If you opt-out (or do not opt-in in the first place), we will not include your User Content in training datasets for our models (though we may still process and store it for providing the Services and for backup/logging/security as needed). See our Privacy Policy for more details on this process and how we protect your data.

  • Your Responsibilities for Content: You are solely responsible for all User Content that you upload or generate using the Services. This means you assume all risks related to the content, including anyone else’s reliance on its accuracy, or any intellectual property or other legal claims. By creating or uploading User Content, you represent and warrant that:

    • You either own the content or have obtained all necessary rights, licenses, consents, and permissions (from the rightful owner(s)) to use it and to authorize Pixelesq to use it as permitted by these Terms.

    • Your content does not infringe or violate the intellectual property rights, privacy rights, publicity rights, or any other legal rights of any third party.

    • Your content does not contain any viruses, malware, or harmful code, and is not otherwise in violation of the law or these Terms (including the Prohibited Uses in Section 8).

    • If your content includes personal data of others, you have complied with all necessary consent and data processing requirements to share that personal data with Pixelesq for the purposes of using the Services.

  • Content Monitoring and Removal: Pixelesq is not obligated to monitor User Content and generally does not do so prior to content being posted or shared through the Service. However, we reserve the right (but do not assume the obligation) to review, screen, or delete any User Content at any time, at our sole discretion, particularly if we believe it may violate these Terms or applicable law, or upon receiving a takedown request or notification of alleged infringement (such as a DMCA notice – see Copyright Policy below). You remain solely responsible for maintaining backups of your content; we are not responsible for loss of content through our moderation actions or otherwise.

  • User Content Backups: While we do regular backups of data for disaster recovery, we do not guarantee that any particular User Content can be recovered if lost. It is your responsibility to keep copies of your content that you deem important. We provide tools for you to export or download content (where applicable), and we encourage you to use them regularly.

  • Publicity of Content: If you explicitly make your User Content public (for example, by using a feature that publishes your project or shares it in a public gallery or community), then anyone (including us) may view, and potentially use or share that public content. Public content may also be indexed by search engines. You should only make content public if you are comfortable with and have rights for it to be widely disseminated.

7. AI Features and Output

In short: Our AI features use machine learning to generate content based on your input. You own the rights to the output content we generate for you, giving you broad rights to use it. However, we don’t guarantee that outputs are perfect or original. Outputs might be incorrect, nonsensical, or similar to existing content. You are responsible for reviewing outputs and using them responsibly. We disclaim liability for any consequences of using AI outputs.

  • How AI Features Work: Pixelesq’s AI Features (such as Magic Create, Magic Scale, Magic Migrate, and any similar tools) rely on advanced algorithms and machine learning models. When you use an AI Feature, you will input data or a prompt (“Input”), for example typing a request or uploading content for processing. The AI then analyzes the Input and produces a result or suggestion (“Output”). Outputs could be text, images, code, or other media depending on the feature used. We aim for Outputs to be relevant and useful, but you acknowledge that AI is probabilistic and may occasionally produce undesired or unpredictable results.

  • Ownership and License of Outputs: To the extent that any Output from our AI Features is protected by intellectual property rights, Pixelesq hereby grants you a license to use the Output. In fact, it is our intention that, as between Pixelesq and you, you should own the content of the Output that is generated for you (except to the extent the Output includes portions of your own Input or other pre-existing content owned by others). Therefore, we make no claim of ownership over Outputs generated from your Inputs. We assign to you any rights we may have in the Output, to ensure you can use it freely. This means you may copy, modify, publish, or distribute the AI-generated Output content for any purpose (including commercial purposes), provided that such use is in compliance with these Terms and any guidelines within the Service. (If the law in your jurisdiction does not allow an AI provider to assign or waive rights to AI output, then we instead grant you a perpetual, worldwide, royalty-free license to use, reproduce, and create derivative works from the Output.)

  • No Guarantee of Originality or Accuracy: You understand that due to the nature of generative AI:

    • Originality: Outputs are generated based on patterns learned from vast training data. The AI does not intentionally copy any specific third-party work, but there is a chance that portions of Output may be similar to or even identical with existing content not owned by Pixelesq or you (for instance, the AI might generate a well-known phrase or code snippet). We do not guarantee that Outputs are unique or will not infringe on any third-party rights. It is your responsibility to review Outputs and ensure that your use of them does not violate any laws or third-party rights (especially if you plan to publish or use them commercially).

    • Accuracy and Appropriateness: Outputs might contain errors, incorrect information, or inappropriate content. AI models do not have true understanding and sometimes produce flawed or nonsensical results. You should not rely solely on any Output without independent verification, especially for critical or sensitive applications. We are not responsible if you choose to act on or publish Output without adequate review.

    • AI Limitations: The AI might also reflect biases or limitations present in training data. We are continuously working to improve the AI, but you agree that you will use the Outputs responsibly and not present them as professional advice (e.g., not medical, legal, financial advice) or absolute truth. Pixelesq disclaims all liability for actions taken based on Outputs (see Disclaimers and Limitation of Liability below).

  • Prohibited AI Use Cases: You agree not to use the AI Features to generate content that is illegal, harmful, or violates the Acceptable Use provisions of these Terms. This includes, for example, using the AI to create malware, to generate defamatory or harassing content, to produce spam, or to attempt to generate sensitive personal data about private individuals. We may limit or refuse certain requests to ensure compliance with our policies and legal obligations. We may also implement filters or content moderation on Inputs or Outputs to enforce these terms.

  • Attribution (Optional): While not required, if you publish content that was significantly generated by Pixelesq’s tools, we would appreciate (but do not mandate) a note that AI was involved in the creation (e.g., “Created with the help of Pixelesq”). This transparency helps manage audience expectations about AI-generated content. However, this is a suggestion for good practice rather than a requirement.

  • Feedback on AI: If you come across an Output that is problematic (erroneous, offensive, etc.), we encourage you to provide feedback to us so we can improve the system. By giving us feedback on the AI outputs, you are helping us refine the models, and we appreciate it. (Per the Feedback section, you allow us to use any feedback freely.)

8. Prohibited Uses

In short: Don’t misuse our Services. You agree not to do (or assist anyone in doing) the following: no illegal activities, no infringing on others’ rights, no breaking or hacking our platform, no reverse engineering our code, no spamming, and no using our service to compete with us or to benchmark without permission. Violating this section can lead to suspension or termination of your account.

When using Pixelesq Services, you agree that you will not (and will not encourage or permit any third party to):

  • Violate Laws or Rights: Use the Services in any manner that violates any applicable law, regulation, or ordinance (including but not limited to intellectual property laws, export control laws, and privacy laws). You also agree not to use the Services to violate or infringe the rights of anyone else (including copyrights, trademarks, trade secrets, privacy, publicity or other personal or proprietary rights).

  • Reverse Engineer or Tamper: Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, underlying ideas, algorithms, or trade secrets of the Services, except to the extent that such activity is expressly permitted by applicable law notwithstanding this restriction. Similarly, you will not attempt to bypass or circumvent any technical limitations or security measures of the Services (for example, you will not try to defeat usage caps, access systems without authorization, or probe for vulnerabilities in our software).

  • Misuse or Disrupt the Service: Use the Services in a harmful way or interfere with, disrupt, or damage the operation of the Services or any user’s enjoyment of them. This prohibition includes:

    • Uploading viruses, worms, malware, or any code of a destructive nature.

    • Launching any automated system, including “robots,” “spiders,” or “offline readers,” that sends more request messages to our servers than a human can reasonably produce in the same period (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from our publicly accessible web pages solely to create publicly available searchable indices).

    • Engaging in any activity that imposes an unreasonable or disproportionately large load on our infrastructure.

    • Attempting to interfere with or compromise the integrity, security, or proper functioning of the Services (including attempting to gain unauthorized access to accounts, data, or systems).

  • Unlawful or Abusive Content: Post, generate, or share through the Services any content that is unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, harassing, hateful, or otherwise objectionable or that promotes illegal or harmful activities. This includes content that exploits or harms minors, incites violence, or contains hate speech or discrimination based on race, religion, ethnicity, gender, sexual orientation, or any other legally protected characteristic.

  • Harassment and Spam: Use the Services to transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or pyramid schemes. Also, do not use the Services to harass, stalk, or otherwise intimidate others. Respect other users’ privacy – for example, do not scrape or harvest personal information of others without consent.

  • Impersonation and Misrepresentation: Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity. You should not imply that your content or actions are endorsed by Pixelesq (or any other company or individual) if that’s not true.

  • Competing Service & Benchmarking: Use the Services to build or enhance a competing product or service, or as part of a research project to create a dataset or product that competes with Pixelesq. You also agree not to publish or disclose any benchmark tests or analysis relating to the Services without our prior written consent. (We encourage evaluation and feedback, but public benchmark testing can be misleading or harmful if done without coordination.)

  • Reselling or Unauthorized Access: Sell, resell, rent, lease, or commercially exploit the Services (or any portion of them) without our explicit permission. The account you create is meant for your use (or your organization’s internal use). You will not create accounts or use the Services in an automated way, or provide access to the Services to unauthorized third parties (e.g., operating as a service bureau without permission). Also, do not use the Services if you are a direct competitor for competitive analysis or any purpose that is to Pixelesq’s detriment.

  • Content Restrictions: You must not upload or transmit any User Content that: (i) you do not have the right to make available (for example, proprietary or confidential information of others); (ii) contains sensitive personal data (such as social security numbers, health or financial information) without first obtaining consent or ensuring appropriate measures, as our platform is not designed to store highly sensitive information securely beyond industry standard protections; (iii) encourages or facilitates violence or terrorist activities; or (iv) violates our Acceptable Use guidelines or policies that we may issue from time to time.

  • Export Violations: (As detailed in Section 18) Do not use or export the Services in violation of U.S. export laws or regulations or any other applicable export control or sanctions laws. This means you cannot use the Services if you are in a prohibited region or intend to use them for a prohibited end-use, such as nuclear, military, or weapons proliferation.

Pixelesq reserves the right to investigate and take appropriate action (including removing content, suspending or terminating accounts, and cooperating with law enforcement) against anyone who, in our sole judgment, violates these Prohibited Uses or any other provision of these Terms.

9. Beta Features

In short: If we offer beta or experimental features, they are provided “as-is” for evaluation and might have bugs. We can modify or remove them at any time. Use beta features at your own risk and don’t rely on them for critical purposes.

From time to time, Pixelesq may offer early access to new products, features, or tools that are labeled as alpha, beta, pilot, limited release, or by similar terms (“Beta Features”). Beta Features are made available for testing and evaluation purposes and may be subject to additional terms that we provide when you sign up.

You acknowledge that:

  • Beta Features are not fully tested or supported and may contain bugs, errors, or other issues. They are provided on an as-is and as-available basis without any warranties (in addition to the general warranty disclaimers in these Terms).

  • Beta Features may be discontinued, modified, or merged into the main Services at any time, in our sole discretion, without prior notice. We have no obligation to continue providing or to incorporate Beta Features into the Services.

  • We welcome feedback on Beta Features. If you choose to provide feedback about Beta Features, you agree that we can use your feedback and ideas to improve our products without any obligation to you (per the Feedback section).

  • Because Beta Features are experimental, you should not rely on them for any critical or important purposes. Pixelesq will not be liable for any damages or harm arising out of your use of Beta Features. Any usage is at your own risk.

  • Some Beta Features might be confidential. If we inform you that certain Beta Features are confidential, you must not disclose any information about those features to any third party, and you acknowledge that any early knowledge is sensitive.

10. Service Availability and Uptime

In short: We strive to keep the service up and running, but we do not guarantee any specific uptime or availability. There will be occasional downtime for maintenance or events beyond our control. We are not liable for any harm due to downtime.

Pixelesq aims to provide a reliable and accessible service. However, the availability of the Services can be affected by many factors, some of which are outside of our control. As such:

  • We do not guarantee that the Services will be available 100% of the time. The Services may occasionally be unavailable for scheduled maintenance, upgrades, emergency repairs, or due to failure of equipment or telecommunications networks.

  • We will try to schedule planned downtime during low-usage periods when reasonably possible and, when feasible, to give advance notice that maintenance is coming. But we reserve the right to perform emergency maintenance or take other actions without notice if necessary to protect the security or integrity of the platform or user data.

  • You understand that the Services may also be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications. Pixelesq is not responsible for any delays, delivery failures, or other damage resulting from such problems beyond our reasonable control (for example, widespread internet outages or events of force majeure).

  • We do not provide any service-level guarantee or uptime warranty under these Terms. For any users on paid plans, our sole obligation regarding uptime is to use commercially reasonable efforts to minimize disruption. Any specific remedies for extended downtime would be described in a separate Service Level Agreement (SLA) if we have provided one for your plan (otherwise, there are none aside from what is provided under applicable law).

  • In sum, while we aim for the Services to be available and fast, you use the Services with the understanding that some interruptions or errors may occur. We will not be liable for any losses or damages incurred as a result of Service unavailability or slow performance, except as maybe specifically provided by an SLA or required by law.

11. Pixelesq’s Intellectual Property

In short: We (and our licensors) own the Services and all content and materials provided through the Services, except for your User Content. Our name, logos, and trademarks belong to us. You can’t use them without permission. You also can’t copy or distribute any part of our Services unless expressly allowed by these Terms.

  • Our Ownership: The Services (including all software, code, databases, user interfaces, algorithms, AI models, features, design elements, and any content provided by Pixelesq) are owned by Pixelesq, Inc. or licensed to us by third parties. All elements of the Services are protected by intellectual property laws (such as copyright, patent, trade secret, and trademark laws). Except for the limited use rights granted to you in these Terms, all rights, title, and interest in and to the Services and its components remain with Pixelesq and its licensors.

  • Trademarks: “Pixelesq,” “Magic Create,” “Magic Scale,” “Magic Migrate,” our logos, and any other product or service names or slogans that Pixelesq uses in connection with the Services are trademarks or service marks of Pixelesq (collectively, “Marks”). Other names or logos may be trademarks of their respective owners. Except as expressly permitted by Pixelesq, you may not use any of these Marks (for example, you may not use our logo in your app or website, or use a confusingly similar name) without our prior written permission. Any permitted use of Pixelesq’s trademarks must be in accordance with any guidelines we provide.

  • No Implied License: Except for the rights expressly granted to you in these Terms, Pixelesq retains all rights, title and interest in and to the Services, including all related intellectual property rights. No rights or licenses are granted to you by implication or estoppel or otherwise under any intellectual property rights owned or controlled by us or our licensors, except for the permissions and licenses expressly set forth in these Terms.

  • Limited Permission: You are authorized to use the Services and any content provided within the Services (like templates, documentation, or software libraries we might provide) only as necessary to use the Services for their intended purpose. You may not copy, modify, create derivative works of, publicly display, publicly perform, republish, or distribute any part of the Services (or any content in them) without our prior written permission, except to the extent explicitly allowed by open-source licenses covering components of the Services (see Open Source below) or as permitted by features of the Service itself (e.g., you are obviously allowed to download or export your own User Content via the provided tools, etc.).

  • Third-Party Materials: The Services may include or integrate content, libraries, or other components that are licensed from third parties (including open-source software). Use of third-party materials included in the Services may be subject to additional terms. See Open Source Software (Section 23) for more information.

  • Copyright Notices: You must not remove, obscure, or alter any proprietary rights or attribution notices (e.g., copyright or trademark symbols) that may be affixed to or contained within the Services or any content provided by Pixelesq.

12. Feedback

In short: If you give us feedback or suggestions, we can use them freely, and you won’t be compensated. This helps us improve the Services.

We welcome and appreciate feedback, comments, and suggestions from our users (“Feedback”) regarding the Services. If you choose to submit Feedback to us (through any means: support channels, feedback forms, email, etc.), you agree that:

  • Pixelesq will own all rights, title, and interests in and to the Feedback (including any improvements or modifications to our Services that we develop based on your Feedback). To the extent your Feedback is protectable under intellectual property laws, you hereby assign (or agree to assign) all intellectual property rights in such Feedback to Pixelesq.

  • If for some reason an assignment is not effective, you grant Pixelesq a worldwide, perpetual, irrevocable, royalty-free, sublicensable, and transferable license to use, reproduce, disclose, distribute, modify, and exploit the Feedback without any restriction or compensation to you.

  • You understand that by providing Feedback, you are not entitled to any confidentiality, credit, or payment. We may use the Feedback in any way we see fit, including incorporating suggestions into our Services or documentation, or sharing the feedback with others.

  • Please do not send us any Feedback that you expect to be paid for or that you want to keep proprietary or confidential. If you desire to continue to own any interest in your ideas, do not share them as Feedback.

This Feedback section does not apply to your own User Content that you use within the Services (for example, the designs or text you create for your own purposes remain yours as described in User Content above). It only applies to voluntary suggestions you make to us about how we can improve or change our product or business.

13. Third-Party Services and Links

In short: The Services may contain links or integrations to third-party sites or services. We aren’t responsible for those. If you use third-party services (like a plugin or login through another platform), there might be separate terms and privacy policies that apply.

  • Links to Other Websites: Our Services may include hyperlinks to third-party websites or services that are not owned or controlled by Pixelesq (for example, a blog post linking to an external resource, or our documentation linking to a third-party library repository). Pixelesq has no control over, and is not responsible for, the content, privacy policies, or practices of any third-party websites or services. If you access a third-party website or service from our platform, you do so at your own risk, and you understand that these Terms and our Privacy Policy do not apply to those external resources. We encourage you to read the terms and conditions and privacy policy of any third-party website or service that you visit.

  • Third-Party Integrations: The Services might allow you to integrate or use third-party tools or services in conjunction with Pixelesq. For example, we might enable an integration with a third-party cloud storage service to import/export files, or allow login via Google OAuth, or include a plugin that connects to another AI model provider. If you choose to use such integrations, be aware that:

    • Separate Terms: Those third-party services might have their own terms of use and privacy policies, which govern your use of those services. Use of third-party integrations is optional, but if you use them, you agree to comply with any relevant third-party terms.

    • Sharing Data: Enabling an integration may require us to share certain information with the third party (or vice versa). For example, if you connect to a third-party service, we might need to send some of your data to that service to facilitate the integration, or receive data from them. We will ask for your permission when such connection is initiated and will handle any personal data exchange as described in our Privacy Policy.

    • No Endorsement: The availability of any third-party integration or link in our Services is not an endorsement or warranty by Pixelesq of that third party or its services. We provide these for convenience and functionality, but the third party is solely responsible for their service.

    • Connectivity: We aren’t responsible for the functionality or failures of third-party integrations. If a third-party service stops working or changes their API in a way that affects our integration, we may not be able to maintain that feature.

  • Dealings with Third Parties: Any transactions, communications, or dealings you have with third parties found on or through the Services are solely between you and the third party. Pixelesq is not responsible or liable for any loss or damage incurred as a result of such dealings or as a result of the presence of those third parties within the Services.

14. Termination

In short: You can stop using Pixelesq at any time. We can also suspend or terminate your access if you violate these Terms or for other reasons, with or without notice. If your account is terminated, you may lose access to your content stored on the Service (so keep backups). Any provisions of these Terms that by their nature should survive termination will survive.

  • Your Right to Terminate: You may cancel your Pixelesq account or stop using our Services at any time. You can do this through your account settings or by contacting us. If you cancel a paid subscription, the cancellation will take effect at the end of your current billing period as described in Section 5 (Fees and Payment). Simply uninstalling an app or ceasing to log in will not automatically cancel billing if you are on a subscription plan – you need to actively cancel through the provided method.

  • Pixelesq’s Right to Suspend or Terminate: We may suspend or terminate your access to the Services (or certain features of the Services) at any time, for any reason, at our sole discretion. For example, we may suspend or terminate your account if:

    • You are in material breach of these Terms (e.g., violation of the Prohibited Uses or failure to pay fees when due), and the breach is not cured (if curable) after we have provided you notice;

    • We are required to do so to comply with a legal requirement or court order;

    • We reasonably suspect that your use of the Services is causing harm to us, other users, or third parties (for example, your account is compromised and being used fraudulently, or you are engaging in scraping or cyber-attacks);

    • We decide to discontinue the Service entirely (though generally in that scenario, we would provide notice and possibly a wind-down period).

  • In most cases, unless the issue is urgent or involves illegal conduct, we will attempt to give you notice of the suspension or termination and an opportunity to remedy any curable breach. However, in cases of repeated or serious violations, or urgent threat, we may act immediately.

  • Effect of Termination: Upon termination of your account or access, whether terminated by you or by us:

    • All rights granted to you under these Terms will cease immediately. You must stop using the Services and, if applicable, delete any software or applications of ours that you have downloaded or installed.

    • You will no longer have access to your account, including all data and content associated with it. We may delete your User Content (including any stored or queued data, designs, or outputs) from our live databases within a reasonable period after termination. Pixelesq will not be liable to you for compensation, reimbursement, or damages in connection with your use of the Services, or any termination or suspension of the Services or deletion of your information, provided we act in accordance with these Terms.

    • If we terminated your account due to your breach of these Terms, we reserve the right to refuse to allow you to create a new account or otherwise use the Services in the future.

    • Any provisions of these Terms that by their nature should survive termination (such as indemnification, disclaimers, limitation of liability, dispute resolution, etc.) will remain in effect.

  • Data Portability: We encourage you to download or export your important data or content from the Services before terminating your account. We have no obligation to retain your User Content or provide you with a copy after account termination, except as may be required by law. In some cases, and at our discretion, we might provide a short window (e.g., allowing access for a few days) for you to retrieve data after termination if it was a Pixelesq-initiated closure not due to your breach. However, you should not rely on this – please maintain your own backups.

  • Continued Liability: Termination of your account or access does not relieve you of any obligation to pay any outstanding fees or charges owed up to the date of termination, and it does not waive any liability you may have incurred prior to termination.

15. Disclaimer of Warranties

In short: We provide our Services “as is.” That means we are not making any promises that the Services will be 100% perfect for your needs, or that they will always be available, error-free, or secure. We disclaim any implied warranties. Use the Services at your own risk.

To the fullest extent permitted by applicable law, Pixelesq provides the Services (including all content, functions, and features thereof) “AS IS” and “AS AVAILABLE”, without any warranties of any kind, either express or implied.

Pixelesq and its affiliates, suppliers, and licensors specifically disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including, but not limited to:

  • Implied Warranties: any implied warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement;

  • Service Quality: any warranties that access to or use of the Service will be uninterrupted, error-free, timely, or completely secure;

  • Output and Content: any warranties that the Outputs or results that may be obtained from the use of the Services will be accurate, reliable, or suitable to your needs or expectations; the AI outputs are not guaranteed to be factual or original;

  • Data Integrity: any warranties that your data or content will not be lost or corrupted (we recommend you keep backups as stated);

  • Third-Party Components: any warranties regarding any third-party software, integrations, or services that we do not control.

No advice or information (oral or written) obtained from Pixelesq or through the Services will create any warranty that is not expressly stated in these Terms.

You assume all risk for any harm or damage that results from your use of the Services. This includes any damage to your computer system or device, loss of data, or other harm that may occur from your use of the Services, including from downloading or using any content, software, or material via the Services.

Some jurisdictions do not allow the disclaimer of certain warranties. To the extent that such a law applies to you, some or all of the disclaimers above may not apply to you, and you may have certain rights that vary by jurisdiction. In such case, Pixelesq’s warranties will be limited to the minimum warranty scope required by law.

16. Limitation of Liability

In short: We limit our liability to you. We won’t be responsible for indirect damages like lost profits or lost data. If we do have liability, it’s capped at the amount you paid us in the last year or $100 if you haven’t paid us anything. Some jurisdictions don’t allow certain limitations, so this may not fully apply to you, but we want to be clear we’re not liable for things beyond what the law requires.

To the fullest extent permitted by law, in no event will Pixelesq or its affiliates, officers, employees, agents, partners, or licensors be liable to you for:

  • Any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, goodwill, or other intangible losses, arising out of or related to your access to or use of (or inability to use) the Services, regardless of legal theory, even if we have been advised of the possibility of such damages, and even if a remedy fails of its essential purpose.

  • Any damage to your systems or data that results from your use of the Services. You are responsible for backing up your data and using appropriate security measures.

In addition, Pixelesq’s total cumulative liability to you for all claims arising out of or relating to these Terms or the Services will not exceed the greater of:

  • The total amount you have paid to Pixelesq for the Services in the 12 months immediately prior to the event giving rise to the liability, or

  • $100 USD (if you have not paid any amount to Pixelesq in that period).

This limitation applies collectively to Pixelesq, its affiliates, officers, employees, agents, suppliers, and licensors.

For clarity, this means if, for example, something goes wrong and you sue us, the maximum you could potentially recover (if the law and a court allowed) would be what you paid us in the last year (and if nothing, then $100). We are not liable for large indirect losses like losing business opportunities, etc.

Exceptions: Some jurisdictions do not allow certain limitations of liability, so the above limitations may not apply to you in their entirety. In those cases, our liability will be limited to the maximum extent permitted by applicable law.

Nothing in these Terms is intended to exclude or limit liability that cannot be excluded under law – for instance, we do not exclude liability for gross negligence, willful misconduct, or liability for death or personal injury caused by our negligence if such liability cannot by law be limited or excluded. However, in any case, our liability will be limited to the smallest amount permitted by applicable law.

You acknowledge and agree that the limitations of liability and warranty disclaimers in these Terms are a fundamental basis of the bargain between you and Pixelesq, and that we would not be able to provide the Services on an economically feasible basis without such limitations and disclaimers.

17. Indemnification

In short: If you do something that gets Pixelesq sued or fined (for example, you violate these Terms or someone’s rights using our Service), you agree to defend and indemnify us. That means you’ll pay for the costs and losses that result, including attorney fees, in those situations.

You agree to indemnify, defend (at our request), and hold harmless Pixelesq, Inc., its affiliates, and their respective directors, officers, employees, and agents (collectively, the “Pixelesq Parties”) from and against any and all losses, liabilities, claims, demands, damages, expenses, or costs (“Claims”) arising out of or related to:

  • Your Violation of Terms or Law: your breach of any provision of these Terms or any applicable law or regulation.

  • Your Content: your User Content (including Input and Output) or the use thereof – for example, Claims that your content infringes a third party’s intellectual property or privacy rights, or that your content caused harm to someone.

  • Your Use of the Services: your misuse of the Services, or any activity in your account (by you or someone using your account) – including any actions that, if they were performed by Pixelesq, would violate these Terms or any allegations of facts that, if true, would constitute your breach of any of your representations, warranties, or obligations under these Terms.

  • Your Interactions: your interaction with any other users or third parties through or related to the Services (for example, if you collaborate with another user and end up in a dispute, or you obtain personal data of others and misuse it, etc.).

  • Your Projects or Outputs: any products or content you develop or publish using the Services, including any claims that something you created with the help of Pixelesq’s AI caused damage or violated rights.

You agree to promptly notify Pixelesq of any third-party Claims, cooperate with Pixelesq in defending such Claims, and pay all fees, costs, and expenses (including reasonable attorneys’ fees) associated with defending such Claims. Pixelesq reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us (and you agree not to settle any such matter without our prior written consent, as settlement without admission of liability may be fine but we want to ensure it’s acceptable).

We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it. This indemnification provision will continue to apply after termination of your account or use of the Services, to any Claim arising from events during the time you used the Services.

18. Export Controls and Sanctions Compliance

In short: You agree to follow all export control and sanctions laws. You confirm you’re not located in certain banned countries or on certain government lists. Our Services shouldn’t be used for any prohibited end uses (like nuclear, weapon proliferation, etc.).

The Services are subject to U.S. export control and economic sanctions laws, including the Export Administration Regulations (EAR) and regulations administered by the U.S. Office of Foreign Assets Control (OFAC). By using the Services, you represent and warrant that:

  • You are not located in, under the control of, or a national or resident of any country or region that is subject to comprehensive U.S. sanctions or embargoes (including, for example, Cuba, Iran, North Korea, Syria, the Crimea region of Ukraine, and any other territory as may be updated by law).

  • You are not identified on any U.S. government restricted-party or denied-party lists (such as the Specially Designated Nationals list, the Entity List, or similar lists).

  • You will not use the Services for any purposes prohibited by U.S. (or other applicable) export and sanctions laws, including, but not limited to, the development, design, manufacture, or production of nuclear, missile, chemical, or biological weapons or other military end-uses or end-users in violation of law.

  • You will not export, re-export, transfer, or divert any portion of the Services or any related technology to any destination or person prohibited by any applicable export control or sanctions law, without obtaining any required governmental authorizations.

If you access the Services from outside the United States, you are responsible for compliance with local laws as well, which might have restrictions on use of encryption or import of software, etc.

Your obligations under this section will survive termination of these Terms or your use of the Services.

19. Dispute Resolution and Arbitration

In short: If you have an issue with us, contact us first – we hope to resolve it informally. If not, and if you’re an individual user, you agree to arbitrate most disputes on an individual basis (no class actions) under AAA’s rules, rather than going to court. Arbitration is usually faster and less formal, but you’re waiving the right to a trial by jury and to participate in class actions. You can opt out of arbitration within 30 days of agreeing to these terms by emailing us. If you opt out or for certain disputes not subject to arbitration, then disputes will be decided by the courts in San Francisco, CA (and governed by CA law).

Please read this section carefully. It affects your rights.

  • Initial Attempt at Informal Resolution: We’d like an opportunity to address your concerns without formal legal action. Before filing any claim against Pixelesq, you agree to try to resolve the dispute informally by contacting us at hello@pixelesq.com with the subject “Dispute” and a brief written description of the dispute and your contact information. We will do the same if we have a dispute with you. Both you and we will attempt to resolve the dispute through dialogue in good faith. If the dispute is not resolved within 30 days after the email is sent, either party may begin a formal proceeding.

  • Agreement to Arbitrate: Except for the limited exceptions described below, you and Pixelesq agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Services (collectively, “Disputes”) will be settled by binding arbitration on an individual basis, rather than in court. This includes claims that Pixelesq brings against you and claims that you bring against Pixelesq.

  • No Class Actions: You and Pixelesq agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative action. The arbitrator shall not consolidate more than one person’s claims or preside over any kind of representative or class proceeding. The arbitrator can only award relief (including injunctive relief, if applicable) on an individual basis, and may not award relief that would affect or benefit anyone not a party to the arbitration.

  • Arbitration Rules: The Federal Arbitration Act (FAA) and federal arbitration law apply to this agreement. Arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules (if you are an individual using the Services for personal or household use) or the Commercial Arbitration Rules (if you’re using the Services for business or organizational use), as modified by these Terms. The AAA rules are available at www.adr.org. If AAA is not available or unwilling to arbitrate, the parties will mutually select an alternative arbitration provider that uses similar rules and is not biased.

  • Arbitration Process: To start an arbitration, you or Pixelesq must do the following:

    • Write a demand for arbitration. The demand must include a description of the dispute, the amount you seek to recover (if any), and the resolution you want.

    • Send three copies of the demand, plus the appropriate filing fee, to AAA (see adr.org or call 1-800-778-7879 for the address) or the alternative arbitration provider.

    • Send one copy of the demand to the other party. You will send it to: Pixelesq, Inc., 2261 Market Street, STE 22811, San Francisco, CA 94114, USA, Attn: Legal Department.

  • Hearing Format and Location: In all cases, the arbitration will be conducted by a single, neutral arbitrator. For claims under $25,000, the arbitration may be conducted solely based on written submissions, unless you request a hearing or the arbitrator decides a hearing is necessary. For claims over $25,000, you have the right to a hearing. If a hearing is held, you may choose for it to be conducted by phone or video, or in person. If in-person, the hearing will take place in the county where you live or at another mutually agreed location. If you are a business, the hearing will take place in San Francisco, California, unless otherwise agreed.

  • Arbitrator’s Authority and Decision: The arbitrator shall follow these Terms and can award the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), but only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. The arbitrator’s decision will be written, and provide an explanation if one of the parties requests it. The arbitrator’s award will be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

  • Arbitration Fees and Costs: Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules. We will pay those fees for claims totaling less than $5,000, unless the arbitrator finds your dispute frivolous or brought for an improper purpose. Pixelesq will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous or brought in bad faith, in which case the arbitrator may award to Pixelesq the costs and attorneys’ fees it expended on the arbitration (this is consistent with AAA rules).

  • Opt-Out of Arbitration: You have the right to opt out of this arbitration agreement. If you do not wish to be bound by the arbitration and class-action waiver provisions in this section, you must notify us by email at legal@pixelesq.com within 30 days of the first date you agree to these Terms (for example, the date you first used our Services or created an account, whichever is earlier). Your email to us must include your name, address, the email address registered to your Pixelesq account (if you have one), and a clear statement that you want to opt out of arbitration. Opting out of arbitration will not affect any other part of these Terms, including any provisions regarding governing law or the courts to which disputes may be brought.

  • Exceptions to Arbitration: Notwithstanding the above, the following types of disputes will not be subject to the arbitration agreement:

    • Small Claims: Either party may bring individual claims in small claims court if the claims are within the jurisdictional limits and requirements of such court.

    • Injunctive Relief for IP Misuse: Either party may seek injunctive or other equitable relief in a court of competent jurisdiction for claims related to intellectual property infringement or misappropriation, unauthorized access to the Service (e.g., hacking), or breach of the confidentiality obligations (if any), to prevent actual or threatened harm (this is because such claims might require immediate relief that an arbitrator cannot award in time).

    • Opt-out: If you opt out of arbitration as provided above, then any disputes that would have been arbitrated will instead be resolved in court as provided below.

  • Judicial Forum for Non-Arbitration Disputes: If the arbitration agreement is found not to apply to you or your claim (for example, if you opted out or the agreement is unenforceable by law), or if a dispute is exempt from arbitration as per the exceptions above, then the proceeding must be brought exclusively in a court of competent jurisdiction in the City and County of San Francisco, California, USA, subject to the governing law provision below. You and Pixelesq both consent to venue and personal jurisdiction in San Francisco, California for such cases.

  • Severability of Arbitration Provisions: If the class action waiver in this Section 19 is found to be illegal or unenforceable as to all or some parts of a dispute, then (a) it will not apply to those parts, and (b) those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. If any other provision of this Section is found to be illegal or unenforceable, that provision will be severed and the remainder of the arbitration agreement will be enforced to the fullest extent permitted by law.

20. Governing Law

In short: California law governs these Terms, except that the Federal Arbitration Act governs the arbitration part. If there are disputes that end up in court, they’ll be decided under California law.

These Terms and any disputes arising out of or related to them or the Services will be governed by and construed in accordance with the laws of the State of California, USA, without regard to its conflict of law principles, except that the Federal Arbitration Act will govern the interpretation and enforcement of the arbitration agreement in Section 19.

If for any reason a claim proceeds in court rather than in arbitration, you and Pixelesq each waive any right to a jury trial. Additionally, as stated above, you both agree that any such court proceeding will be conducted exclusively in the state or federal courts located in San Francisco, California, and you consent to personal jurisdiction and venue in those courts.

This governing law provision applies regardless of your location; however, we do not intend to override any rights you have under the consumer protection laws of your state or country of residence that cannot be waived by contract. Where those laws apply, they will govern to the extent required.

21. Notice to California Residents

In short: California law requires us to give certain information to California users. We’re providing our company contact information and the contact for the CA consumer affairs department for complaints.

If you are a California resident, you are entitled to the following specific consumer rights information under California Civil Code § 1789.3:

  • Provider Information: The provider of the Services is Pixelesq, Inc., located at 2261 Market Street, STE 22811, San Francisco, CA 94114, with email hello@pixelesq.com and phone +1-650-668-5759.

  • Fees: Current fees for our paid Services are described in Section 5 (Fees and Payment) and on our website’s pricing page. We reserve the right to change pricing as explained in these Terms.

  • Complaints and Inquiries: If you have a question or complaint regarding the Services, you may contact us in writing at the address above, or by email at hello@pixelesq.com. We will do our best to resolve your issue.

  • Further Assistance: If you are a California consumer and you still have a complaint regarding the Services or wish to receive further information regarding use of the Services after contacting us, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs. You can reach them in writing at 400 R Street, Suite 1080, Sacramento, CA 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

22. Copyright Infringement (DMCA Policy)

In short: If you believe content on our Services infringes your copyright, you can send us a notice to have it removed. We comply with the Digital Millennium Copyright Act (DMCA) and will remove or disable content after receiving a proper notice. If your content was removed by mistake, you can send a counter-notice.

Pixelesq respects the intellectual property rights of others and expects users to do the same. We comply with the Digital Millennium Copyright Act (DMCA) and other applicable copyright laws. If you believe that any content on the Services infringes your copyright, please send us a DMCA takedown notice with the following information:

  • A description of the copyrighted work that you claim has been infringed;

  • A description of where on the Services the material you claim is infringing is located (such as a URL or file name);

  • Your name, address, telephone number, and email address;

  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

  • A statement by you, under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the owner’s behalf;

  • Your physical or electronic signature.

Please send this notice to our designated Copyright Agent at:

Copyright Agent – Pixelesq, Inc.

2261 Market Street, STE 22811, San Francisco, CA 94114, USA

Email: hello@pixelesq.com (please include “DMCA Notice” in the subject line)

Upon receipt of a valid DMCA notice, we will promptly remove or disable access to the allegedly infringing content and notify the user who posted it (if applicable). We follow the DMCA’s procedures for counter-notifications: if your content was removed due to a mistake or misidentification, you may send us a counter-notice that includes your contact information, a description of the content removed, where it appeared, a statement under penalty of perjury that you have a good faith belief it was removed in error, and your consent to the jurisdiction of the Federal District Court for your judicial district (or the Northern District of California if outside the U.S.). We will forward any counter-notice to the original complaining party. Unless the original copyright owner files a court action within 10 business days, we may restore the removed content.

We have a policy of terminating, in appropriate circumstances, users who are repeat infringers.

23. Open Source Software

In short: Our Services include some open-source components. Each is licensed under its own terms. We respect those licenses, and nothing in our Terms limits your rights under those open-source licenses. We provide attributions and source code for open-source components as required.

The Pixelesq Services may contain or be distributed with third-party open source software (“Open Source Software”). Open Source Software is licensed under its own applicable license terms, which will be made available to you. To the extent that any terms of these Terms conflict with any such Open Source Software license, the terms of the open source license will prevail with respect to that Open Source Software.

We maintain a list of the open-source components included in our software, along with the applicable licenses and any required attributions, on our website or in an appendix/notice accompanying the software. By using the Services, you acknowledge that you have seen any such notices (for example, in our app’s “About” section or a NOTICE file).

Nothing in these Terms is intended to restrict, modify, or otherwise affect your rights or obligations under the license terms for any Open Source Software that is incorporated into the Services. In particular, if the open source licenses for those components give you rights to use, copy, or modify the open source code beyond the rights granted under these Terms, then those rights take precedence for that component.

If required by the license of any Open Source Software, Pixelesq will make the source code of such Open Source Software available to you upon request (for example, if a GPL license requires offering source). Please send such requests to hello@pixelesq.com, specifying the software for which you are requesting source code.

24. Miscellaneous

In short: This section covers general legal terms. These Terms (and any other policies or agreements referenced) are the entire agreement between you and us. You can’t transfer your rights or obligations to someone else without our permission. We can transfer our rights to a successor. If a part of the Terms is invalid, the rest still holds. We might not enforce some part of the Terms immediately, but that doesn’t mean we waive it.

  • Entire Agreement: These Terms, together with our Privacy Policy and any other guidelines, additional terms, or rules that we incorporate by reference, constitute the entire agreement between you and Pixelesq regarding the Services, and supersede any prior agreements or understandings (whether oral or written) between you and us with respect to the subject matter. Any additional or different terms you may propose (for example, in an email or purchase order) do not apply to our relationship and are void, unless we expressly agree to them in a written amendment signed by an authorized representative of Pixelesq.

  • Assignment: You may not assign or transfer these Terms (or any of your rights or obligations under them) without our prior written consent. Any attempted assignment by you without consent will be null. Pixelesq may assign or transfer these Terms (or our rights and obligations) to an affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets, and you hereby consent to such assignment in advance. These Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

  • Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the remaining provisions of these Terms will remain in full force and effect. The invalid provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted (or, if it cannot be modified, severed from these Terms) and the rest of the Terms will continue as written.

  • No Waiver: Our failure or delay in exercising any right, power, or privilege under these Terms is not a waiver of that right or any other rights. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of Pixelesq. If we do expressly waive any breach or provision of these Terms, it does not mean we waive any later enforcement of that or any other provision.

  • Force Majeure: Pixelesq will not be liable for any failure or delay in performance of its obligations (excluding payment obligations) to the extent caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, strikes, war, riots, acts of terrorism, civil commotion, governmental actions, network or internet outages not caused by us, or other similar events.

  • Relationship of Parties: You and Pixelesq are independent contractors. These Terms do not create any joint venture, partnership, employment, or agency relationship between us. Neither party has authority to act as agent or bind the other in any way.

  • Third-Party Beneficiaries: There are no third-party beneficiaries to these Terms; these Terms are for the benefit of you and Pixelesq only, except that the Pixelesq Parties (affiliates, officers, etc.) are intended third-party beneficiaries of the Indemnification and Limitation of Liability provisions.

  • Notices: We may provide notices or communications to you by email to the address associated with your account, by written communication sent by first class mail or pre-paid post to your address on record, by posting within the Service, or via prominent notice on our website. You consent to receive communications from us electronically and you agree that these electronic communications satisfy any legal requirement that a notice be in writing. If you need to give us notice, you must do so in writing at our mailing address provided in the Contact section or via email to hello@pixelesq.com, unless we specify a particular email for legal notices (if so, use that).

  • Headings and Interpretation: The section titles and brief summaries (the “In short” blurbs) in these Terms are for convenience only and have no legal or contractual effect. They do not limit or define the scope of any section. In case of any ambiguity or inconsistency between a section heading/summary and the body of the Terms, the body of the Terms controls. The words “including” and similar terms are to be construed without limitation (so, “including” means “including without limitation”).

  • Language: These Terms are written in English. If we provide a translation in another language, it is for convenience, and the English version will prevail in case of any conflict or discrepancy. All communications and notices to be made or given pursuant to these Terms must be in the English language.

  • Contact Information: If you have any questions about these Terms or the Services, please contact us at: Pixelesq, Inc., 2261 Market Street, STE 22811, San Francisco, CA 94114, USA, Email: hello@pixelesq.com, Phone: +1-650-668-5759.

Thank you for reading our Terms of Service. We appreciate your trust in Pixelesq and look forward to helping you create amazing things with our platform!