General Terms and Conditions

1. Preamble

1.1. Pixion, Inc. ("Operator", "We", "Us") operates the website pixion.art and provides AI-based image generation, editing, and enhancement services via the web interface and API (each a "Service", together the "Services").

1.2. The Operator develops, provides, and commercializes these Services as Software-as-a-Service (SaaS).

2. Subject of the Contract

2.1. This contract governs the Customer's ("Customer", "You") temporary, non-exclusive, paid or free usage of the Services under the selected plan. The exact features and scope of functionality are detailed on the respective Pricing.

2.2. The Services require an internet connection and may only be used online.

2.3. By using the Services, the Customer agrees to these General Terms and Conditions, the Privacy Policy.

2.4. Customer's general terms and conditions do not apply.

2.5. Creation of multiple accounts by the same person or entity is not permitted without explicit written approval.

3. Rights of Use

3.1. Customer receives a non-exclusive, non-transferable, revocable right to use the Services during the term of the Contract, strictly in accordance with the selected plan.

3.2. Commercial or non-commercial use of generated content is governed by the selected plan. Unless otherwise stated, commercial use requires a commercial plan.

3.3. Redistribution or sublicensing of the Services or results to third parties (paid or free) is not permitted.

3.4. Usage is billed through credits, subscriptions, or processing minutes depending on the plan. Payment processing is handled by our third-party reseller.

3.5. Credits or quotas may have expiry policies, as outlined on the Pricing Page. Processed content is considered consumed when the result is made available, regardless of download.

3.6. A 30-day right of withdrawal is granted unless the Customer has begun using the Services.

3.7. API access is provided under eligible plans. API access may be integrated into websites, apps, or software solely owned by the Customer. Use on third-party platforms or resale of the API is strictly prohibited.

3.8. Prohibited use cases include: AI training, pornography, military/surveillance use, terrorism, fake news, gambling, hate speech, or use by sanctioned or violent groups.

4. Availability

4.1. We commit to 98% annual uptime availability for paid versions of the Service.

4.2. Scheduled maintenance or events outside our control (force majeure) do not count against this availability.

5. Customer Obligations

5.1. Keep account credentials secure.

5.2. Do not attempt to breach, scan, or damage the system.

5.3. You must own or have the rights to any data or materials uploaded to the Service.

6. Duration and Termination

6.1. The contract begins at account activation and runs indefinitely.

6.2. Cancel via dashboard or by letter with 1-month notice before the next billing cycle.

6.3. Free API access, when offered, requires attribution and may have usage limits.

6.4. We may terminate the contract immediately for cause, including breach of terms, insolvency, or prohibited use.

7. Payments

7.1. Subscriptions auto-renew monthly or yearly until canceled.

7.2. Taxes and duties are the Customer's responsibility.

7.3. Services may be suspended for any payment delay.

7.4. We may charge reasonable late fees.

7.5. You may not offset claims unless legally established.

8. Warranty and Liability

8.1. We do not guarantee service results or availability.

8.2. No liability for data loss or interruption unless due to gross negligence or intent.

8.3. Liability is limited to the total paid by Customer in the last 3 months.

9. Data Protection

9.1. For individual users, we act as data controller.

9.2. Full privacy information: Privacy Policy.

10. Marketing and Publicity

10.1. You can opt-out of marketing emails, but not transactional communications.

10.2. We may use your name and logo for customer references unless otherwise requested. Press releases require your approval.