Terms of Service

Last updated: December 2024

Welcome to PixelPanda! These Terms of Service ("Terms") govern your use of our AI-powered image processing platform and services. By using PixelPanda, you agree to be bound by these Terms.

1. Definitions

  • "Service" refers to the PixelPanda website, API, and AI image processing tools
  • "Account" means your registered user account
  • "Credits" are the processing units used for image operations
  • "Content" includes all images, data, and materials you upload or process
  • "We," "Our," "Us" refers to PixelPanda and its operators

2. Eligibility and Account Requirements

You must be at least 18 years old to use our Service. By creating an account, you represent that:

  • You meet the age requirement
  • You have the authority to enter into these Terms
  • All information you provide is accurate and complete
  • You will maintain the security of your account credentials

3. Service Usage and Credits

Free Tier

  • New users receive 5 free credits upon registration
  • Each image processing operation consumes 1 credit
  • Free credits do not expire

Credit Purchases

  • Additional credits can be purchased through our pricing plans
  • Purchased credits never expire
  • All sales are final unless otherwise specified
  • Pricing is subject to change with notice

4. Acceptable Use Policy

You are solely responsible for all content you upload and process. You agree not to use the Service for:

  • Processing images containing illegal, harmful, defamatory, or offensive content
  • Violating intellectual property rights, privacy rights, or any other rights of third parties
  • Creating deepfakes, misleading content, or content intended to deceive
  • Processing images without proper rights, permissions, or authorization
  • Attempting to circumvent usage limits, security measures, or payment systems
  • Reverse engineering, copying, or attempting to extract our AI models or algorithms
  • Creating competing commercial services or reselling our service
  • Any activity that could damage, disable, or impair the Service
  • Automated or bulk processing that violates rate limits

INDEMNIFICATION: You agree to defend, indemnify, and hold harmless PixelPanda, its officers, directors, employees, and agents from and against any claims, damages, costs, and expenses (including reasonable attorney fees) arising from or relating to:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Any content you upload, process, or distribute through the Service

5. Content and Data

Your Content

  • You retain ownership of images you upload
  • You grant us permission to process your images to provide the Service
  • You are responsible for ensuring you have rights to process uploaded images

Data Retention

  • Processed images may be temporarily stored for service delivery
  • We do not use your images to train our AI models without consent
  • Original and processed images are automatically deleted after 30 days

6. Payment and Refunds

NO REFUND POLICY:

  • Payments are processed securely through Stripe and are final and non-refundable
  • Credits are added to your account immediately upon successful payment
  • All sales are final - no refunds will be provided for any reason, including but not limited to:
    • Unused or partially used credits
    • Service dissatisfaction or unmet expectations
    • Processing results that don't meet your requirements
    • Technical difficulties or temporary service interruptions
    • Changes in your needs or circumstances
  • You acknowledge that you have reviewed the Service and accept all risks associated with credit purchases
  • Pricing is subject to change at any time without notice
  • You are responsible for all applicable taxes and fees

7. Service Availability

While we strive for high availability, we do not guarantee uninterrupted service. We may:

  • Perform maintenance that temporarily affects service
  • Experience technical issues beyond our control
  • Update or modify features with reasonable notice

8. Intellectual Property

  • PixelPanda retains all rights to our platform, AI models, and technology
  • You may not copy, modify, or redistribute our software
  • Our trademarks and branding remain our exclusive property
  • You receive processed images under the terms of your usage rights

9. Account Termination

We may suspend or terminate accounts for:

  • Violation of these Terms
  • Fraudulent or abusive behavior
  • Extended inactivity (12+ months)

You may delete your account at any time through your account settings. Upon termination, unused credits are forfeited.

10. Disclaimers and Limitations

Complete Service Disclaimer

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. We expressly disclaim all warranties, including but not limited to:

  • Warranties of merchantability, fitness for a particular purpose, and non-infringement
  • Perfect, accurate, or error-free image processing results
  • Uninterrupted, secure, or available service at all times
  • Compatibility with all image formats, devices, or systems
  • Meeting your specific requirements or expectations
  • Freedom from viruses, harmful code, or security breaches
  • Accuracy, reliability, or completeness of any information or results

Maximum Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW:

  • TOTAL LIABILITY CAP: Our total liability for any claims arising from or relating to the Service shall not exceed the lesser of (a) $100 USD or (b) the amount you paid us in the 12 months preceding the claim
  • NO CONSEQUENTIAL DAMAGES: We shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for lost profits, revenue, data, or use
  • NO LIABILITY FOR: Service interruptions, data loss, processing errors, security breaches, third-party actions, or any damages arising from your use or inability to use the Service
  • TIME LIMITATION: Any claim must be brought within one (1) year after the cause of action arises

User Assumption of Risk

You acknowledge and agree that:

  • You use the Service entirely at your own risk
  • You are solely responsible for determining the suitability of processing results
  • AI processing may produce unexpected or imperfect results
  • You should not rely solely on our Service for critical applications

11. Privacy and Data Protection

Your privacy is important to us. Please review our Privacy Policy for details on how we collect, use, and protect your data.

12. Changes to Terms

We may update these Terms periodically. Significant changes will be communicated via email or platform notice. Continued use after changes constitutes acceptance of new Terms.

13. Governing Law and Disputes

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to conflict of law principles.

Mandatory Binding Arbitration

YOU AND PIXELPANDA AGREE THAT ALL DISPUTES ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL BE RESOLVED EXCLUSIVELY THROUGH BINDING INDIVIDUAL ARBITRATION.

  • NO CLASS ACTIONS: You waive any right to participate in class action lawsuits or class-wide arbitration
  • Individual Claims Only: All disputes must be brought individually, not as part of any collective action
  • Arbitration Rules: Arbitration shall be conducted under the Commercial Arbitration Rules of the American Arbitration Association
  • Location: Arbitration proceedings shall take place in Delaware, United States
  • Costs: Each party shall bear their own attorneys' fees and costs
  • Limited Exceptions: Either party may seek injunctive relief in court to protect intellectual property rights

Jury Trial Waiver

YOU HEREBY WAIVE YOUR RIGHT TO A JURY TRIAL FOR ANY DISPUTE ARISING UNDER OR RELATING TO THESE TERMS.

Statute of Limitations

Any claim arising under these Terms must be brought within one (1) year after the cause of action arises, or it shall be forever barred.

14. Contact Information

Questions about these Terms? Contact us at:

  • Email: support@pixelpanda.ai
  • Support: support@pixelpanda.ai

Note: By using PixelPanda, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.