Welcome to Pixpa! These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“You”) and Idea Zinc Design LLP (together with our resellers, affiliates and subsidiaries), doing business as Pixpa, (collectively known as "Pixpa", “we”, “us”, or “our” and terms of similar meaning), concerning your use of the Pixpa.com website (and any other domains that we operate) and all related services, content, sites, templates, products, tools, and features (collectively, the "Site"). You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms of Use.
Service/Services: The features and services provided by Pixpa through the Site.
User/Users: Individuals or businesses using our Services to create their website, eCommerce store, client galleries, blogs, and other tools (“Website”).
End-User/End-Users: Visitors and customers of Users' Websites.
By accessing the Site, you confirm that you have read, understood, and agree to be bound by these Terms of Use, our Privacy Policy, Cookie Policy, and, if applicable, our Data Processing Addendum ("DPA"). If you do not agree with all of these terms of use, then you are expressly prohibited from using the site and you must discontinue use immediately.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We may update these Terms of Use from time to time. We will notify you of any changes by updating the “Last Updated” date. Continued use of the Site after changes are posted means you accept the revised Terms of Use. Please review these Terms regularly.
The Site is not intended for distribution or use in any jurisdiction where it would violate local laws or regulations. Users accessing the Site from outside our primary jurisdictions do so on their own initiative and are responsible for compliance with local laws.
The Site is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Site. You may not use the Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
You must be at least 18 years old to use the Site. Persons under 18 are not permitted to use or register for the Site.
Unless otherwise indicated, Pixpa owns all rights to the Site, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (collectively, the “Content”), as well as all Pixpa trademarks, service marks, and logos (the “Marks”). These are protected by copyright and trademark laws, intellectual property rights, and unfair competition laws of the United States and India, international copyright laws, and international conventions.
The Content and Marks are provided on the Site “AS IS” for your information and personal use only in accordance with these Terms of Use. You may not copy, reproduce, republish, upload, post, publicly display, encode, translate, transmit, distribute, sell, license, or otherwise exploit any part of the Site, Content, or Marks for any commercial purpose without our prior written permission.
If you are eligible to use the Site, you are granted a limited license to access and use the Site in accordance with these Terms of Use. All rights not expressly granted to you are reserved by Pixpa.
By using the Site, you represent and warrant that:
All registration information you submit will be true, accurate, current, and complete.
You will maintain and promptly update such information as necessary.
You have the legal capacity and agree to comply with these Terms of Use.
You are not a minor in your jurisdiction.
You will not access the Site through automated or non-human means (e.g., bots, scripts).
You will not use the Site for any illegal or unauthorized purpose.
Your use of the Site will not violate any applicable law or regulation.
If you provide any false or incomplete information or violate any Terms of Use, we may suspend or terminate your account and refuse any current or future use of the Site.
You may be required to register with the Site. You agree to keep your password confidential and are responsible for all use of your account. We reserve the right to remove, suspend or change any username or user domain name (custom domain name connected to the website by the User) that we find inappropriate or objectionable.
Your account login must only be used by one person. Sharing login details is prohibited. You cannot maintain more than one free trial account at any time.
You are responsible for maintaining the security of your account and Website. You must immediately notify Pixpa of any breach of security or unauthorized use of your account. Pixpa will not be liable for any loss or damages incurred due to the breach of security or misuse of your Website or account.
By using Pixpa's Site and Services, you agree to pay the applicable one-time, monthly, or annual subscription fees and any applicable taxes. We accept all major credit cards and PayPal.
Your orders will be processed by our online reseller and Merchant of Record, Paddle, who may also handle all customer services inquiries and returns. More information can be found in Paddle's Terms and Conditions and Privacy Policy.
You may be required to purchase or pay a fee to access some of our services. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. We bill you through an online billing account for purchases made via the Site. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in U.S. dollars.
You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase. If your purchase is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you notify us of your cancellation.
We reserve the right to correct any errors or mistakes in invoices and/or pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Site.
If your payment method denies your subscription charge, we will attempt to collect the payment multiple times. Your website and Pixpa account may be suspended if a subscription payment is overdue for more than 30 days. Your website and Pixpa account will be reactivated when the due amount is received.
Pixpa reserves the right to change the subscription fees and pricing for its Site at any time.
We offer a 15-day free trial to new users. To continue using the service after the trial, choose a subscription plan and provide your credit card details. Abuse of free trials by creating multiple accounts is prohibited.
Pixpa offers a 30-day money-back guarantee on new subscriptions. This guarantee is applicable only for 30 days from the start of a new subscription.
If you cancel an annual subscription that started or renewed more than 30 days ago, there will be no refunds or credits for the remaining/unused subscription period. There are no refunds for monthly subscription plans.
Pixpa may, at its discretion, refund any payment received within the last 30 days in the specific case wherein an account on an annual subscription is cancelled. Pixpa does not provide any refunds other than this.
Upgrades or downgrades are pro-rated. Downgrading may result in a loss of content, features, or resources, and Pixpa is not liable for such loss. Pro-rated credits for downgrades can be used for future payments but are not refundable.
All purchases are non-refundable. You can cancel your subscription at any time by logging into your account. You will lose access to your account, and your account and all of its User Content will be queued for deletion upon cancellation of your account.
If you are paying through Paypal, you must also cancel your subscription in your Paypal account.
If you contact your bank or credit card company to decline or otherwise reverse the charge of any payable fees to us ("Chargeback"), we may automatically terminate your account. If you have questions about a payment made to us, please contact Customer Support before filing a Chargeback. We reserve our right to dispute any Chargeback.
We use third-party payment processors (currently Paddle, Stripe, PayPal, and Razorpay) to process subscription payments. These payments are subject to the processors' terms and privacy policies. Pixpa is not liable for the security or performance of these processors. You agree to pay all charges through the payment processor, following the applicable terms. We reserve the right to correct, or to instruct our Payment Processor to correct, any errors or mistakes, even if payment has already been requested or received.
You may create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials on your Website using the Site. This includes text, writings, video, audio, photographs, graphics, comments, suggestions, personal information, or other material (collectively called "Contributions" or “User Content”). Contributions may be viewable by other users and through third-party websites. Therefore, any Contributions you transmit may be treated as non-confidential and non-proprietary.
When you create or make available any Contributions, you represent and warrant that:
Intellectual Property Rights: Your Contributions do not and will not infringe on any third party's rights, including copyrights, patents, trademarks, trade secrets, or moral rights.
Ownership and Permissions: You are the creator and owner of, or have the necessary licenses, rights, consents, and permissions to use and authorize others to use your Contributions.
Consents for Identifiable Persons: You have obtained written consent, release, and/or permission from every identifiable individual person in your Contributions to use their name or likeness.
Accuracy: Your Contributions are not false, inaccurate, or misleading.
Non-Solicitation: Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Appropriate Content: Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable as determined by us.
Respectful Content: Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
No Incitement: Your Contributions do not advocate the violent overthrow of any government or incite physical harm against another.
Legal Compliance: Your Contributions do not violate any applicable law, regulation, or rule.
Privacy Rights: Your Contributions do not violate the privacy or publicity rights of any third party.
Protection of Minors: Your Contributions do not solicit personal information from anyone under 18 or exploit people under 18 in a sexual or violent manner.
Child Protection Laws: Your Contributions do not violate any laws regarding child pornography or other measures intended to protect minors.
Non-Discriminatory Content: Your Contributions do not include offensive comments related to race, national origin, gender, sexual preference, or physical handicap.
Prohibited Content: Your Contributions must not include content related to narcotics, controlled substances, drug paraphernalia, stolen goods, promotion of hate, violence, or terrorism, obscene or sexually explicit materials, weapons, any items regulated by law, malware or phishing schemes, fraudulent or misleading information, and content promoting illegal activities (human trafficking, money laundering, etc.). Pixpa reserves the right to deem any content unfit for the Service at its sole discretion.
Terms and Law Compliance: Your Contributions do not otherwise violate any part of these Terms of Use or applicable laws.
Violation of these terms may result in account suspension or termination.
Pixpa offers features that use AI Tools to generate content such as text and images. Use of these features is subject to the AI Content Generation Terms, which are incorporated by reference into these Terms of Use. Please review the AI Content Generation Terms for specific rules governing your use of these AI Tools.
The Service includes features enabling you to sell products and services or collect payments from your End Users on your Website ("Your eCommerce"). We are not a party to, and are not liable for, Your eCommerce. You are solely responsible for Your eCommerce and compliance with relevant laws and regulations, including:
You are
responsible for all taxes and fees associated with Your eCommerce.You must collect, report, and remit required taxes to relevant authorities.
You must inform your End Users of applicable taxes and provide invoices as required by law.
Any tax estimates or materials provided by Pixpa are for illustration only and do not ensure compliance with tax obligations.
You are responsible for fulfilling and delivering your products and services to your End Users.
You are responsible for any claims or warranties related to Your eCommerce.
You handle all comments or complaints related to Your eCommerce, including issues with payments, promotions, refunds, or chargebacks.
Provide accurate contact information on Your Website for End Users to reach you.
Publish and make available a privacy policy and other required terms or policies on Your Website.
Ensure Your Website and eCommerce comply with all applicable laws and regulations.
Pixpa does not provide legal advice on terms, policies, or compliance.
You may not use your Pixpa Website to sell products or services that:
Violate any law, statute, ordinance, or regulation.
Involve transactions related to narcotics, controlled substances, cigarettes, illegal activities, stolen goods, hate promotion, obscene materials, infringing items, sexually explicit content, firearms, or weapons.
Include transactions involving personal data breaches, pyramid schemes, offshore banking, pre-sale items not yet available, third-party payment processing, sale of traveler’s checks or money orders, currency exchanges, credit repair, debt settlement, or bribery.
Facilitate illegal gambling or betting activities.
Are identified by government agencies as likely fraudulent or high-risk.
Include products like counterfeit items, drug paraphernalia, and restricted medical devices.
Involve selling restricted goods such as flammable or pressurized items, hazardous chemicals, explosives, or ingestible wellness products without proper certifications.
Sell alcohol, tobacco, or related products without proper legal authorizations.
Depict or endorse illegal activities, violence, or harm, including real or fictionalized depictions of abuse.
Sell or facilitate the trade of human body parts, live animals, or plant materials.
Include deceptive marketing tactics or selling mystery or poorly described products.
Pixpa reserves the right to review and take action if your site violates these restrictions. We may, at our discretion, suspend, disable, or remove your Account, Website, or eCommerce without notice or liability, including for any loss of profits, revenue, data, goodwill, or other intangible losses due to violation of this Agreement.
To accept payments, you may integrate your Website with third-party payment processors ("eCommerce Payment Processors"). Your relationship with these processors is governed by their terms and policies. We do not control or are liable for these processors or any related transactions. These processors are considered Third-Party Services under this Agreement.
We may, at our discretion, suspend, disable, or remove any eCommerce Payment Processors from the Services without notice or liability. The processors may invoice you for any transaction fees associated with your eCommerce transactions.
You may not use the Site for any purpose other than that for which it is made available. Commercial endeavors not specifically endorsed or approved by us are prohibited.
As a user, you agree not to:
Systematically retrieve data or other content from the Site to create a collection or database without written permission.
Make unauthorized use of the Site, including collecting usernames or email addresses for unsolicited emails, or creating user accounts by automated means or under false pretenses.
Circumvent or interfere with security-related features of the Site.
Engage in unauthorized framing or linking of the Site.
Trick or mislead us and other users, especially to learn sensitive account information.
Misuse our support services or submit false reports of abuse or misconduct.
Use automated systems such as scripts, bots, or data mining tools without authorization.
Interfere with or disrupt the Site or its networks and services.
Impersonate another user or person, or use another user’s username.
Use information from the Site to harass, abuse, or harm another person.
Use the Site to compete with us or for unauthorized commercial purposes.
Decipher, decompile, disassemble, or reverse engineer any software on the Site.
Attempt to bypass measures designed to prevent or restrict access to the Site.
Harass, annoy, intimidate, or threaten our employees or agents.
Copy or adapt the Site’s software.
Delete copyright or other proprietary rights notices from any Content.
Upload or transmit viruses, excessive use of capital letters, spamming, or other harmful material.
Upload or transmit material that collects or transmits information passively (e.g., spyware, cookies).
Use unauthorized automated systems to access the Site.
Disparage, tarnish, or harm us or the Site.
Use the Site in a manner inconsistent with laws or regulations.
Upload or transmit data that falsely implies association with Pixpa or modify the Site to imply such association.
Upload or transmit data that negatively affects the Site or users' ability to use it.
Test, scan, or probe the Site for vulnerabilities without permission.
Impose unreasonable loads on our infrastructure or third-party providers.
Share your password, use another person’s credentials, or access the Site with shared credentials.
Use your Website for mass distribution of unsolicited content or spam.
Include User Content that is spam, unethical, or misleading, such as content designed to drive traffic to third-party sites, further unlawful acts, or mislead recipients.
Use Pixpa’s name, logo, or trademarks in any way that implies a relationship with or endorsement by Pixpa without explicit permission.
By uploading and publishing Contributions on your Website, you automatically grant, and you represent and warrant that you have the right to grant, Pixpa a non-exclusive, worldwide, perpetual, royalty-free, sub-licensable, and transferable license to use, host, store, reproduce, modify, communicate, publish, publicly display, publicly perform, and distribute your User Content for:
Displaying, distributing, and promoting your Website.
Promoting Pixpa, the Site, our company, and our products and Services through any medium or channel.
We do not claim any ownership of your Contributions. You retain full ownership and any associated intellectual property rights. You are solely responsible for your Contributions and you expressly agree to release us from any responsibility, liability or legal action regarding your Contributions.
We reserve the right to:
Monitor the Site for violations of these Terms of Use.
Take legal action against anyone who violates the law or these Terms of Use, including reporting to law enforcement authorities.
Refuse, restrict access to, limit the availability of, or disable your Website or any of your Contributions at our discretion.
Terminate or suspend your Pixpa account or deny access to the Site without notice or liability.
Manage the Site to protect our rights and property and ensure proper functioning.
Modify or discontinue the Site (or any part thereof) temporarily or permanently.
Change subscription and prices for any service offered through the Site.
In any of these cases, Pixpa is not obligated to provide any refund or be liable for any loss or damages incurred by you
At Pixpa, we are committed to providing a high-quality, reliable platform for showcasing work and managing websites. This Fair Use Policy ensures that our services remain accessible and perform optimally for all users by preventing fraud, abuse, or excessive use.
This policy applies to all users of the Pixpa platform, including website hosting, client galleries, and related services. By using Pixpa’s services, users agree to adhere to this policy to maintain platform integrity and performance.
12.1 Unlimited Publishing: Unlimited Publishing: Some Pixpa plans offer unlimited images, content, and traffic. However, "Unlimited" refers to reasonable use that supports platform stability and ensures a quality experience for all users. Pixpa plans are designed specifically for creative professionals and small businesses, with resource usage intended to meet their professional needs. Excessive use beyond typical professional requirements may be subject to review and/or extra charges.
12.2 Reasonable Use: "Reasonable use" means uploading only content essential for your portfolio or business, avoiding excessive data that could strain the system or degrade the experience for others. For example, storing vast amounts of unnecessary content or generating disproportionately high traffic beyond what's typical for professional sites would be considered unreasonable. This ensures a fair and balanced use of resources across users.
12.3 Client Galleries and Data Usage: Client galleries are for individual photographers' business needs. Each plan includes specific storage limits and a fair usage cap of 100 GB of data upload per month. Exceeding this limit may result in temporary upload suspension, additional fees, or website suspension. Photography studios or businesses with multiple photographers should contact Pixpa for custom plans.
12.4 Enforcement and Compliance: Pixpa reserves the right to monitor resource usage and user activity to enforce this Fair Use Policy. Accounts exceeding reasonable limits or engaging in prohibited activities may face suspension, deactivation, or cancellation.
12.5 Discretionary Rights: Pixpa reserves the right to determine what constitutes reasonable and practical use to ensure the platform remains sustainable and effective for all users. If a user exceeds acceptable resource usage (such as hosting, bandwidth, emails, or other resources), Pixpa may charge the user’s payment method on file or issue an invoice to cover the additional costs.
The Site integrates with various third-party services, applications, and sites (collectively, "Third-Party Services") to offer you our Service. These Third-Party Services have their own terms and policies, and your use of them is governed by those terms. We do not control these services and are not liable for any transactions you enter with them. Your security when using Third-Party Services is your responsibility. You also agree that we may, at any time and in our sole discretion, and without any notice to you, suspend, disable access to or remove any Third Party Services. We're not liable to you for any such suspension, disabling or removal, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses you may experience as a result thereof.
As part of Pixpa's functionality, you can link your Pixpa account with your online accounts from third-party services ("Third-Party Accounts"). This can be done by either providing your Third-Party Account login information through Pixpa or allowing us access to the account, as permitted under the terms governing the Third-Party Account. You affirm that you are authorized to share your Third-Party Account login details or grant access without breaching any terms or conditions of that account, and without requiring Pixpa to pay any fees or be subject to usage restrictions imposed by the third-party provider.
By granting us access to your Third-Party Account, you acknowledge that (1) we may access, retrieve, and store any content you’ve shared or stored on that account (the "Social Network Content") for use through your Pixpa account, including friend lists or other data, and (2) we may exchange additional information with your Third-Party Account, to the extent you’re informed during the linking process. Depending on the Third-Party Account and its privacy settings, personally identifiable information you post on these accounts may become available on your Pixpa account.
Please note that if a Third-Party Account or its associated services become unavailable or our access to that account is terminated by the provider, the Social Network Content linked to it may no longer be accessible through Pixpa.
Your relationship with the third-party service providers governing your Third-Party Accounts is solely based on your agreements with them. Pixpa does not review Social Network Content for accuracy, legality, or compliance, and is not responsible for any such content.
You have the option to disable the connection between your Pixpa account and any Third-Party Accounts at any time. Upon deactivation, we will attempt to delete any information obtained from the Third-Party Account, except for your username and profile picture, which remain associated with your Pixpa account.
The Site may contain links to third-party websites ("Third-Party Websites") and content ("Third-Party Content"). We do not investigate or monitor these and are not responsible for their content, accuracy, or policies. Linking to or use of any Third-Party Websites or Content in the Site and Service does not imply endorsement. You access and use these at your own risk and should review their terms and policies. We are not responsible for any harm or losses caused by your interactions with Third-Party Websites or Content.
Pixpa partners with third-party providers for domain name registration. While we may subsidize the first year’s cost, however, your purchase and renewal of the domain name from a third party provider is a transaction between you and that third party provider and is subject to the Terms of Services of that third-party provider. Pixpa is not a party to this transaction.
Purchases of Third-Party Services via the Site may have different refund policies determined by the providers and may be non-refundable. The terms for such services will be displayed during the purchase process. It's your responsibility to verify these terms, and we do not offer refunds for Third-Party Services.
Pixpa has not reviewed, and cannot review, all of the content and materials, including computer software, posted to the Site or published on the Websites of our Users, and cannot therefore be responsible for that material's content, use or effects. By operating the Site, Pixpa does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Site and Websites may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Site and Websites may also contain material that violates the privacy or publicity rights or infringes the intellectual property and other proprietary rights of third parties, or the downloading, copying, or use of which is subject to additional terms and conditions, stated or unstated. Pixpa disclaims any responsibility for any harm resulting from the use by visitors of the Site and Websites, or from any downloading by those visitors of content posted there.
You are solely responsible for your activities on the Pixpa Site, including all User Content that you submit or a third party submits on your behalf or using your account. Violation of any of these agreements will result in the termination of your Account. While Pixpa prohibits such conduct and Content on the Service, you understand and agree that Pixpa cannot be responsible for the Content posted on the Site or any of the Websites and you nonetheless may be exposed to such materials. You agree to use the Site or view any of the Pixpa Websites at your own risk.
Any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by you are non-confidential and become our sole property. We own exclusive rights to these Submissions and may use them for any lawful purpose without acknowledgment or compensation. You waive all moral rights to such Submissions and warrant they are original or you have the right to submit them. You agree not to hold us liable for any alleged or actual infringement of any proprietary rights in your Submissions.
If you have signed up to become a Pixpa Affiliate Partner, yur participation in Pixpa’s Affilaite Program is subject to Pixpa Affiliate Program Terms of Use. We reserve the right to deactivate or cancel any Affiliate account without prior notice for reasons including, but not limited to:
Violation of the Pixpa Affiliate Program Terms of Use.
Presence of objectionable material or explicit content on your website.
Listing your affiliate coupon code on coupon listing websites.
Sending referral traffic to Pixpa through non-organic means.
No payouts will be issued after your affiliate account is canceled or deactivated.
Some software used in the Site may be offered under an open-source license, which may have provisions that override some of these Terms.
We may offer HTTPS encryption for Your Website. By connecting your custom domain name with your Pixpa Website, you authorize us to create and maintain a certificate to provide HTTPS for Your Website.
19.1 Ownership Disputes: In cases of account or site ownership disputes, we reserve the right to determine rightful ownership and transfer the account or site accordingly. If ownership cannot be reasonably determined, we may suspend the account or site until the disputing parties reach a resolution. We may request documentation to help determine ownership.
Pixpa complies with copyright law and responds to complaints of copyright infringement in accordance with the Digital Millennium Copyright Act (DMCA). We respect the intellectual property of others and expect our users to do the same. If we receive a valid notice of copyright infringement, we may remove or disable access to the alleged infringing content and, where appropriate, terminate accounts for repeat infringement without refunds.
Visiting the Site, using the Service and your Website, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE APPLICATION. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
These Terms of Use shall remain in full force and effect while you use the Site. Without limiting any other provision of these terms of use, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the application (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these terms of use or of any applicable law or regulation. We may terminate your use or participation in the application or delete your account and any content or information that you posted at any time, without warning, in our sole discretion.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
All provisions of this Agreement which by their nature should survive its termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
IN NO EVENT WILL PIXPA, ITS OFFICERS, DIRECTORS, EMPLOYEES, RESELLERS, AFFILIATES, AND SUBSIDIARIES BE LIABLE TO YOU OR ANY THIRD PARTY WITH RESPECT TO ANY CLAIMS ARISING OUT OF OR RELATED TO THE APPLICATION, SERVICES OR THIS AGREEMENT FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES; (B) ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR OTHER INTANGIBLE LOSSES; (C) ANY DAMAGES RELATED TO YOUR ACCESS TO, USE OF OR INABILITY TO ACCESS OR USE THE APPLICATION OR ANY PORTION THEREOF, INCLUDING WITHOUT LIMITATION INTERRUPTION OF USE OR CESSATION OR MODIFICATION OF ANY ASPECT OF THE APPLICATION; (D) ANY DAMAGES RELATED TO LOSS OR CORRUPTION OF ANY CONTENT OR DATA; (E) ANY USER CONTENT OR OTHER CONDUCT OR CONTENT OF ANY USER OR THIRD PARTY USING THE APPLICATION, INCLUDING WITHOUT LIMITATION DEFAMATORY, OFFENSIVE OR UNLAWFUL CONDUCT OR CONTENT; OR (F) ANY THIRD PARTY SERVICES OR THIRD PARTY SITES ACCESSED VIA THE APPLICATION; EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE THREE (3) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.
You represent and warrant that (i) your use of the Site will be in strict accordance with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which you reside) and (ii) your use of the Site will not infringe or misappropriate the intellectual property rights of any third party.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) your Website; (2) use of the Site; (3) breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve 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 to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
These Terms are governed by the laws of State of Delhi, India. Both Pixpa and you irrevocably consent to the exclusive jurisdiction of the courts of Delhi, India for any disputes arising from these terms.
To expedite resolution and control the costs of any dispute, controversy, or claim related to these Terms of Use (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to resolve any Dispute informally for at least thirty (30) days before initiating arbitration. Such informal negotiations will commence upon written notice from one Party to the other, which must be delivered by email to or certified mail to the addresses provided by each Party.
Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration under the rules of the Indian Council of Arbitration (ICA). The seat of arbitration shall be New Delhi, India, and the language of the arbitration shall be English. The number of arbitrators shall be one (1), unless the Parties mutually agree to appoint three (3) arbitrators for more complex disputes. The governing law of the contract shall be the substantive law of India. Arbitration under this clause shall be binding and final.
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law: (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Dispute seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief.
If any part of this provision is found to be illegal or unenforceable, the remainder of the provision shall remain in full force and effect. Such Disputes shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
To resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at support@pixpa.com
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