1. Acceptance of Terms
By accessing or using Pixalia ("the Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.
These Terms constitute a legally binding agreement between you and Pixalia. We reserve the right to modify these Terms at any time. Continued use of the Service after changes constitutes acceptance of the modified Terms.
2. Description of Service
Pixalia is an AI-powered platform that enables users to generate AI influencer content and videos. The Service utilizes third-party AI models, including but not limited to:
- VEO3 (Video generation model)
- Nano Banana (AI model)
IMPORTANT: Pixalia is NOT the creator, owner, or developer of these AI models. We provide a platform that integrates with these third-party technologies. The AI models are developed and maintained by their respective creators.
3. User Responsibilities and Acceptable Use
3.1 Account Responsibility
You are responsible for:
- Maintaining the confidentiality of your account credentials
- All activities that occur under your account
- Notifying us immediately of unauthorized access
- Ensuring you are at least 18 years of age
3.2 Content Responsibility
YOU ARE SOLELY RESPONSIBLE FOR ALL CONTENT YOU CREATE, GENERATE, OR DISTRIBUTE USING PIXALIA.
You agree NOT to use the Service to create, generate, or distribute content that:
- Violates any laws or regulations
- Infringes on intellectual property rights
- Contains hate speech, harassment, or discrimination
- Depicts violence, sexual content, or illegal activities
- Impersonates real individuals without consent
- Contains misinformation or deepfakes intended to deceive
- Violates third-party rights or privacy
- Is defamatory, libelous, or harmful
- Violates platform policies (TikTok, Instagram, etc.)
3.3 Prohibited Activities
You may NOT:
- Reverse engineer or attempt to extract source code
- Use automated systems to access the Service
- Interfere with or disrupt the Service
- Share or resell your account access
- Use the Service for illegal purposes
- Circumvent usage limits or restrictions
- Remove or alter any proprietary notices
4. Intellectual Property and Content Ownership
4.1 Your Content
You retain ownership of content you upload to the Service. By using the Service, you grant us a worldwide, non-exclusive license to:
- Process your content through AI models
- Store and transmit your content
- Display your content back to you
4.2 Generated Content
Content generated by AI models may be subject to the terms and conditions of those third-party AI providers. You are responsible for understanding and complying with such terms.
4.3 Platform Ownership
Pixalia, its logo, design, and platform code are owned by us and protected by copyright, trademark, and other laws. You may not use our intellectual property without permission.
5. Payment Terms and Refund Policy
5.1 Subscription Plans
The Service operates on a monthly subscription model with included credits:
- You subscribe to a plan (Starter, Growth, or Agency) that includes a monthly allocation of image and video credits
- Credits are deducted based on usage (image generation, video generation)
- Unused credits roll over to the next billing period and do not expire
- Credits are non-transferable between accounts
- Subscriptions renew automatically each month unless canceled
5.2 Pricing and Billing
We reserve the right to change subscription pricing at any time. Price changes will take effect at the start of your next billing cycle. You will be notified of any pricing changes in advance.
5.3 Cancellation
You may cancel your subscription at any time through the Stripe Customer Portal. Upon cancellation:
- Your subscription will remain active until the end of the current billing period
- You will retain any unused credits in your account
- No further charges will be made after the current period ends
- You may continue to use remaining credits after cancellation
5.4 Refund Policy
Due to the nature of AI-generated content, subscription payments are generally non-refundable. Refund eligibility is determined by credit usage, not by the remaining time in your billing period.
Eligible for Refund:
- Technical Failures: If our service fails to deliver generated content due to technical issues on our end, and we cannot resolve the issue within 48 hours
- Duplicate Charges: If you were charged multiple times for the same billing period
- Low Usage: If you request a refund within 7 days of a subscription payment AND you have used less than 20% of the credits allocated in that billing cycle
- Service Outage: If the service is unavailable for 48+ consecutive hours
NOT Eligible for Refund:
- Dissatisfaction with AI-generated content quality
- Content that doesn't match your expectations
- Changes in your need for the service
- Account suspension due to Terms violations
- If more than 20% of the billing cycle's credits have been used, regardless of time remaining
- Credits used for successful generations (even if you don't like the result)
- Third-party AI model limitations or failures
- Platform policy violations (e.g., content rejected by TikTok)
5.5 Refund Request Process
To request a refund:
- Contact pixalia@andresio.com within the eligible timeframe
- Include your transaction ID and reason for refund
- Provide any relevant screenshots or documentation
- Allow 5-7 business days for review
- Approved refunds are processed within 10 business days
5.6 Payment Processing
All payments are processed securely through third-party payment processors. We do not store complete credit card information.
6. Disclaimers and Limitations of Liability
PLEASE READ THIS SECTION CAREFULLY
6.1 Third-Party AI Models
PIXALIA IS NOT RESPONSIBLE FOR THE FUNCTIONALITY, ACCURACY, OR OUTPUT OF THIRD-PARTY AI MODELS (VEO3, NANO BANANA, OR ANY OTHER INTEGRATED MODELS).
We act solely as an intermediary platform that integrates these technologies. Any issues, limitations, biases, or failures of these AI models are beyond our control and responsibility.
6.2 User Content Responsibility
YOU ARE SOLELY RESPONSIBLE FOR HOW YOU USE THE TECHNOLOGY AND CONTENT GENERATED THROUGH OUR PLATFORM.
Pixalia is not liable for:
- Content you create, distribute, or publish
- Misuse of AI-generated content
- Legal consequences of your content
- Copyright or trademark infringement claims
- Privacy violations or impersonation
- Platform bans or content removal (TikTok, Instagram, etc.)
- Reputational damage from generated content
- Business losses from content use
6.3 Service Availability
THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. We do not guarantee:
- Uninterrupted or error-free service
- Specific quality or accuracy of generated content
- Availability of third-party AI models
- Compatibility with all devices or platforms
- That generated content will meet your requirements
6.4 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PIXALIA SHALL NOT BE LIABLE FOR:
- Indirect, incidental, special, or consequential damages
- Loss of profits, revenue, data, or business opportunities
- Personal or reputational harm
- Third-party claims arising from your use of the Service
OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRIOR TO THE CLAIM.
6.5 Indemnification
You agree to indemnify and hold Pixalia harmless from any claims, damages, losses, or expenses (including legal fees) arising from:
- Your use of the Service
- Content you create or distribute
- Violation of these Terms
- Violation of any laws or third-party rights
7. Account Termination
7.1 Termination by You
You may cancel your subscription and terminate your account at any time. Upon termination:
- Your subscription will not renew at the end of the current billing period
- You will retain access to unused credits but will not receive new monthly allocations
- If you delete your account entirely, your content may be deleted after 30 days
7.2 Termination by Us
We reserve the right to suspend or terminate your account if:
- You violate these Terms
- You engage in prohibited activities
- Your content violates our policies
- We receive legal complaints about your content
- Your account shows signs of abuse or fraud
Accounts terminated for violations are NOT eligible for refunds.
8. Copyright and DMCA
We respect intellectual property rights. If you believe content on our platform infringes your copyright, contact us at:
DMCA Agent: pixalia@andresio.com
Include in your notice:
- Identification of the copyrighted work
- Location of infringing content
- Your contact information
- A statement of good faith belief
- Your signature (physical or electronic)
9. Governing Law and Disputes
These Terms are governed by applicable international laws and the laws of the United States, to the extent applicable. Any disputes shall be resolved through:
- Good faith negotiation
- Binding arbitration if negotiation fails
- Appropriate courts with proper jurisdiction for non-arbitrable matters
You waive the right to participate in class action lawsuits.
10. Miscellaneous
Entire Agreement: These Terms constitute the entire agreement between you and Pixalia.
Severability: If any provision is found invalid, the remaining provisions remain in effect.
No Waiver: Our failure to enforce any right does not waive that right.
Assignment: You may not transfer these Terms without our consent.
11. Contact Information
For questions about these Terms, contact us at:
Pixalia
Email: pixalia@andresio.com
By using Pixalia, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.
You understand that you are solely responsible for content you create and how you use this technology.