Terms of Service

1. Introduction & Acceptance

Welcome to Pixerr ("Platform", "we", "us", or "our"). Pixerr is a social commerce platform that enables users to sell digital artwork, photographs, AI-generated images, and physical products. Physical products are fulfilled by Printful, and all payments are processed securely via Stripe.

By accessing or using Pixerr, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Platform. These Terms constitute a legally binding agreement between you and Pixerr.

This is not legal advice. Please consult your own attorney for legal guidance.

2. Key Definitions

• Platform: The Pixerr website, mobile applications, and all related services.
• User: Any individual or entity that accesses or uses the Platform.
• Creator: A User who uploads, sells, or offers Content for sale on the Platform.
• Buyer: A User who purchases Digital Products or Physical Products through the Platform.
• Content: Any artwork, images, text, data, or other materials uploaded to or displayed on the Platform.
• AI-Generated Content: Content created using artificial intelligence tools on or through the Platform, including Pixerr AI (which may use third-party providers such as OpenAI image models), as well as other tools such as Midjourney, DALL·E, Stable Diffusion, or similar services.
• Digital Products: Digital files, artwork, images, or other downloadable content sold through the Platform.
• Physical Products: Tangible goods sold through the Platform, typically fulfilled via third-party services such as Printful.
• Payouts: Payments made to Creators for sales of their Content, processed through third-party payment processors such as Stripe Connect.

3. Eligibility & Account

3.1 Age Requirements

You must be at least 18 years old to use Pixerr, or if you are under 18, you must have the consent and supervision of a parent or legal guardian who agrees to these Terms on your behalf.

3.2 Account Responsibility

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:

• Provide accurate, current, and complete information when creating an account
• Update your account information promptly if it changes
• Notify us immediately of any unauthorized use of your account
• Accept responsibility for all activities under your account

4. User Content & Ownership

4.1 Ownership of Content

You retain all ownership rights in the Content you upload to Pixerr. By uploading Content, you represent and warrant that you own or have the necessary rights, licenses, and permissions to use and commercialize such Content.

4.2 License to Pixerr

By uploading Content to Pixerr, you grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable license to:

• Host, store, display, and reproduce your Content on the Platform
• Promote and market your Content through the Platform and in marketing materials
• Use your Content in discovery feeds, curated collections, and promotional features
• Create thumbnails, previews, and derivative works necessary for Platform functionality

This license does not transfer ownership of your Content to us and terminates when you remove your Content from the Platform, except for copies we may retain for archival or legal purposes.

5. License for Sales

5.1 Digital Product Licensing

When a Buyer purchases a Digital Product through Pixerr, they receive a limited, non-exclusive license to use the Digital Product for personal, non-commercial purposes, unless otherwise specified at the point of sale. This license:

• Does not constitute a transfer of copyright ownership
• Is personal and non-transferable (unless explicitly stated otherwise)
• May be subject to additional terms specified by the Creator at the time of purchase
• Does not grant the Buyer the right to resell, redistribute, or sublicense the Digital Product

The specific license terms for each Digital Product will be displayed at the point of sale and may vary by Creator.

6. AI-Generated Content Clause

6.1 Compliance with AI Tool Terms

If you upload AI-Generated Content to Pixerr, you represent and warrant that:

• You have read and comply with the terms of service of the AI tool(s) used to create the Content
• You have the right to commercialize the AI-Generated Content under those tools' terms
• You will not upload Content that violates the terms of the AI tool(s) used to create it

6.2 Copyright Disclaimer for AI Content

Important: The copyright status of AI-generated content is uncertain and may vary by jurisdiction. Pixerr does not guarantee that AI-Generated Content is eligible for copyright protection. The legal landscape regarding AI-generated content is evolving, and copyright laws may not apply to such works in all jurisdictions. You acknowledge that:

• AI-Generated Content may not be eligible for copyright protection in your jurisdiction
• Pixerr makes no representations or warranties regarding the copyright status of AI-Generated Content
• You are solely responsible for understanding and complying with applicable laws regarding AI-Generated Content
• Pixerr is not liable for any disputes arising from the copyright status of AI-Generated Content

7. Prohibited Uses

You agree not to use Pixerr to:

• Upload, post, or transmit Content that infringes any copyright, trademark, patent, trade secret, or other intellectual property right of any third party
• Upload Content that contains hate speech, harassment, or discrimination based on race, religion, gender, sexual orientation, age, disability, or other protected characteristics
• Upload illegal content, including but not limited to content that violates laws regarding child exploitation, revenge porn, or other illegal activities
• Upload explicit sexual content involving minors or non-consensual intimate images
• Engage in fraudulent, deceptive, or scammy behavior
• Impersonate any person or entity or falsely claim affiliation with any person or entity
• Interfere with or disrupt the Platform or servers connected to the Platform
• Use automated systems (bots, scrapers, etc.) to access the Platform without our express written permission

For more detailed guidelines, please review our Content Guidelines.

8. Payments, Fees, and Payouts

8.1 Payment Processing

Pixerr uses third-party payment processors, including Stripe Connect, to facilitate payments and payouts. Pixerr is not a bank or financial institution. By using the Platform, you agree to comply with the terms of service of our payment processors.

8.2 Platform Fees

Pixerr may charge platform fees on sales. Fee structures may vary and are subject to change. Current fee information will be displayed in your account dashboard. We reserve the right to modify fee structures with reasonable notice.

8.3 Buyer Payment Responsibility

Buyers are responsible for providing accurate payment information. By making a purchase, you represent that you have the legal right to use the payment method provided.

8.4 No Guarantee of Sales

Pixerr does not guarantee that Creators will make any sales or earn any income through the Platform. Sales depend on various factors, including but not limited to Content quality, pricing, marketing efforts, and market demand.

9. Refunds & Chargebacks

9.1 Digital Product Refunds

Digital Products are generally non-refundable once downloaded, unless required by applicable law or as specified in our Return Policy. Refund requests will be evaluated on a case-by-case basis.

9.2 Chargebacks

Chargebacks may result in account review or suspension. If you initiate a chargeback without first contacting us to resolve a dispute, we reserve the right to suspend or terminate your account.

10. DMCA & Intellectual Property Complaints

Pixerr respects intellectual property rights and complies with the Digital Millennium Copyright Act (DMCA). If you believe your intellectual property rights have been infringed, please review our DMCA Policy for information on how to submit a takedown notice.

11. Disclaimer of Warranties

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PIXERR, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OF OR INABILITY TO USE THE PLATFORM.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

13. Indemnification

You agree to indemnify, defend, and hold harmless Pixerr, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your use of or access to the Platform
• Your violation of these Terms
• Your violation of any third-party right, including intellectual property rights
• Your Content or any claim that your Content infringes or violates any third-party right

14. Termination & Suspension

We reserve the right to suspend or terminate your account at any time, with or without notice, for any reason, including but not limited to:

• Violation of these Terms or our Content Guidelines
• Suspected fraud or illegal activity
• Repeated intellectual property violations
• Any other conduct we deem harmful to the Platform or other users

Upon termination, your right to use the Platform will immediately cease. We may delete your account and Content, subject to our data retention policies and legal obligations.

15. Governing Law & Dispute Resolution

15.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of [[STATE_OR_COUNTRY]], without regard to its conflict of law provisions.

15.2 Dispute Resolution

Any disputes arising out of or relating to these Terms or the Platform shall be resolved through binding arbitration in accordance with the rules of [[ARBITRATION_ORGANIZATION]], except where prohibited by law. The arbitration shall take place in [[ARBITRATION_LOCATION]].

Alternatively, if arbitration is not required or permitted, you agree that any legal action or proceeding shall be brought exclusively in the courts located in [[JURISDICTION]].

16. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes by posting the updated Terms on this page and updating the "Last Updated" date. Your continued use of the Platform after such changes constitutes acceptance of the modified Terms.

If you do not agree to the modified Terms, you must stop using the Platform and may terminate your account.

17. Contact Information

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

Email: [[CONTACT_EMAIL]]
Mailing Address: [[MAILING_ADDRESS]]

18. 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.

19. Entire Agreement

These Terms, together with our Privacy Policy, DMCA Policy, Content Guidelines, and Seller Agreement (if applicable), constitute the entire agreement between you and Pixerr regarding your use of the Platform and supersede all prior agreements and understandings.