Terms of Service

1. Description of Service

PixPort is an AI-powered creative canvas platform that enables users to generate, edit, and orchestrate multi-modal content, including text, images, audio, and video. The Service features an infinite canvas as its core interface, allowing users to orchestrate multiple AI models in a visual workflow for an integrated creative production experience.

We may continuously improve, expand, or adjust the features, model capabilities, and scope of the Service based on technological evolution and user needs. Updates, additions, or discontinuation of features do not affect the validity of these Terms, except as required by applicable law.

2. Account Registration and Security

1. Registration: You may register a PixPort account using your email address, phone number, or an authorized third-party account (e.g., Google, GitHub). You agree to provide accurate, current, and complete information and to update it promptly if it changes.
2. Activation: Some registration processes may require email or SMS verification. You are responsible for ensuring your contact information is valid and accessible.
3. Account Security: You are responsible for safeguarding your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use or security breach. We are not liable for losses resulting from your failure to protect your account.
4. Account Uniqueness: You may maintain only a reasonable number of accounts. We reserve the right to restrict accounts suspected of fraudulent or abnormal registration.
5. Third-Party Login: If you log in via Google or GitHub, you agree to comply with the terms of service and community guidelines of the respective platform. If your third-party account is deactivated or authorization is revoked, you may lose access to the Service unless you have linked an alternative login method.

3. Acceptable Use and User Conduct

You agree not to use the Service to:

• Violate any applicable local, national, or international law or regulation;
• Infringe upon the intellectual property, privacy, publicity, or other rights of any person or entity;
• Generate, upload, or distribute content that is unlawful, defamatory, harassing, hateful, or that promotes violence, terrorism, or illegal activities;
• Create deepfake or synthetic content for the purpose of fraud, deception, impersonation, or causing harm;
• Upload or transmit viruses, malware, or any other malicious code, or attempt to breach the security or integrity of the Service;
• Access or attempt to access non-public areas of the Service without authorization;
• Use automated scripts, bots, scrapers, or crawlers to extract data from or overload the Service, except as permitted by an authorized API;
• Circumvent, disable, or interfere with any security, access control, or rate-limiting mechanisms of the Service;
• Reverse engineer, decompile, or disassemble any part of the Service, except to the extent permitted by applicable law;
• Resell, sublicense, or redistribute access to the Service without our prior written consent.

We reserve the right to take action against violations, including warnings, feature restrictions, service suspension, and account termination, and to report illegal activity to the appropriate authorities.

4. Intellectual Property

1. Service IP: The software, interface design, icons, content, algorithms, model interfaces, and data structures of the Service are protected by intellectual property laws. All rights are owned by us or our licensors. You may not copy, modify, distribute, reverse engineer, decompile, or otherwise exploit these materials without our prior written authorization.
2. User Content Ownership: You retain ownership of intellectual property rights in the text, images, audio, video, and other content you generate, upload, or create using the Service ("User Content"), subject to any rights of underlying model providers. You represent that your User Content does not infringe the rights of any third party.
3. License to Us: You grant us a non-exclusive, royalty-free, worldwide license to store, transmit, process, and display your User Content as necessary to provide, improve, and operate the Service. This license terminates when you delete the relevant content or your account, except for content that has been persisted as service records.
4. AI-Generated Content: AI-generated content may be subject to additional terms or limitations imposed by the underlying model providers. You are responsible for reviewing and complying with any such provider-specific terms applicable to the content you generate.

5. DMCA Notice and Takedown

We respect the intellectual property rights of others and comply with the Digital Millennium Copyright Act (DMCA, 17 U.S.C. § 512). If you believe that content on the Service infringes your copyright, you may submit a takedown notice to our designated copyright agent:

• Email: legal@pixport.tv
• Subject: DMCA Takedown Request

Your notice must include: (1) identification of the copyrighted work; (2) identification of the allegedly infringing material and its location on the Service; (3) your contact information; (4) a statement that you have a good-faith belief that the use is unauthorized; and (5) a statement, under penalty of perjury, that you are the copyright owner or authorized to act on their behalf.

We will process valid notices and remove or disable access to infringing material. Repeat infringers may have their accounts terminated. If you believe your content was removed in error, you may submit a counter-notification.

6. User-Generated Content and AI

1. Content Responsibility: You are solely responsible for all User Content you generate, upload, or share. You represent that your User Content is lawful and does not infringe any third party's rights.
2. AI Content Disclaimer: Content generated by the Service is produced by AI models based on your input and may be inaccurate, incomplete, or inappropriate. You must review AI-generated content before use and are solely responsible for the consequences of its use or distribution. You must not present AI-generated content as authentic human creation or as factual news without appropriate disclosure.
3. Content Moderation: We may, but are not obligated to, review User Content. We reserve the right to remove, block, or restrict content that violates these Terms, applicable law, or public order, and to report such content to authorities.
4. Public Content: If you choose to publish or share User Content, you acknowledge that it may be accessed, copied, or redistributed by others. We recommend you carefully evaluate the risks before sharing sensitive content.

7. Paid Services and Billing

1. Paid Offerings: The Service provides both free and paid features. Paid services may include subscription plans, credit purchases, and usage-based model billing. Prices and entitlements are displayed on the Service at the time of purchase.
2. Orders and Payment: You must complete payment through the payment methods designated by the Service. Upon successful payment, the service is deemed to have commenced, and the corresponding entitlements will be credited to your account.
3. Refund Policy: Unless required by applicable law, subscription fees and credit purchases are non-refundable. For anomalous orders caused by system errors or duplicate charges, please contact customer support for verification and resolution. You should carefully review plan details and pricing before purchase.
4. Price Changes: We reserve the right to adjust pricing and entitlement structures. Orders placed before a price change are not affected; renewals or new purchases will be at the adjusted price.
5. Auto-Renewal: If you enable auto-renewal, we will automatically charge the applicable fee at the beginning of each billing cycle to continue the service. You may turn off auto-renewal at any time in your account settings; existing entitlements remain valid until the end of the current cycle.

8. Service Changes and Termination

1. Service Changes: We may add, modify, migrate, or discontinue features, models, and interfaces based on business, technical, or legal requirements, with reasonable advance notice where feasible.
2. Service Interruption: The Service may be temporarily interrupted for maintenance, upgrades, outages, network issues, or force majeure. We will restore the Service as soon as reasonably possible but are not liable for losses arising from interruptions.
3. Account Termination: You may delete your account at any time. We may suspend or terminate your account and access to the Service if you materially breach these Terms or applicable law.
4. Data After Termination: After account deletion or service termination, we will process your User Content and personal data in accordance with our Privacy Policy and applicable retention laws. Data exceeding the retention period will be deleted or anonymized.

9. Disclaimers

1. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. We make no express or implied warranties regarding merchantability, fitness for a particular purpose, non-infringement, accuracy, or reliability of the Service.
2. AI-generated content is produced by models based on probabilistic methods and may contain errors, biases, or unexpected results. We do not guarantee the accuracy, completeness, or reliability of generated content. You assume all risk associated with its use.
3. The Service may contain links to third-party websites or services. We are not responsible for the content, services, or privacy practices of third parties.
4. We are not liable for any losses resulting from your failure to safeguard your account, violation of these Terms, or improper use of the Service.

10. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall we, our affiliates, directors, officers, employees, or partners be liable for any indirect, incidental, consequential, special, or punitive damages arising from or related to your use of or inability to use the Service, including but not limited to loss of data, profits, revenue, or business interruption.

Our total aggregate liability for any claims arising from or related to the Service shall not exceed the amount you paid us for the Service in the 12 months preceding the event giving rise to the claim. If you have not paid us any fees, our liability shall be limited to the minimum extent permitted by law.

11. Indemnification

You agree to indemnify, defend, and hold harmless PixPort, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from: (a) your User Content; (b) your use of the Service; (c) your violation of these Terms; or (d) your violation of any law or third-party rights.

12. Export Compliance

You acknowledge that the Service and its underlying technology may be subject to export control and economic sanctions laws and regulations, including the U.S. Export Administration Regulations (EAR) and regulations administered by the Office of Foreign Assets Control (OFAC).

You agree: (a) not to use the Service in, or export or re-export the Service to, any country, region, or person subject to comprehensive sanctions or embargoes; (b) not to use the Service for any end-use prohibited by applicable export laws; and (c) that you are not listed on any restricted or denied party list (e.g., OFAC's Specially Designated Nationals list, the EU consolidated list).

13. Privacy

We take your privacy seriously. For information about how we collect, use, store, share, and protect your personal data, please review our Privacy Policy. The Privacy Policy is incorporated into these Terms by reference.

14. Dispute Resolution and Arbitration

This section applies to users other than those residing in jurisdictions where mandatory consumer dispute resolution rights apply (e.g., EU/UK consumers who may have non-waivable access to local courts).

1. Informal Resolution: Before filing a claim, both parties agree to attempt to resolve the dispute informally by sending a written notice to legal@pixport.tv. We will try to resolve the dispute within 30 days.
2. Binding Arbitration: If the dispute cannot be resolved informally, it shall be resolved by final and binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration shall be conducted by a single arbitrator. Judgment on the award may be entered in any court of competent jurisdiction.
3. Class Action Waiver: You and we agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims or preside over any form of a representative or class proceeding.
4. Location: The arbitration shall take place in a location reasonably convenient to you, or remotely by telephone or video conference.
5. Small Claims Court: Either party may bring an individual action in small claims court to resolve a dispute, provided the claim is within the court's jurisdiction.

15. Governing Law

These Terms and any disputes not subject to arbitration shall be governed by and construed in accordance with the laws of the State of Delaware, United States of America, without regard to its conflict of law provisions, for users outside the EU/UK.

For users residing in the European Union or the United Kingdom, these Terms shall be governed by the laws of your country of residence, to the extent that mandatory consumer protection provisions of that country require application of its own law.

16. General Provisions

1. Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
2. Assignment: You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms without restriction.
3. No Waiver: Our failure to enforce any right or provision is not a waiver of that right or provision.
4. Entire Agreement: These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and us regarding the Service.
5. Amendments: We may amend these Terms at any time. We will notify you of material changes via the Service or by email. Your continued use after the effective date constitutes acceptance of the amended Terms.
6. Rights Reserved: Any rights not expressly granted to you in these Terms are reserved by us.