Terms of Service & Privacy Policy

1. Introduction and Acceptance

Welcome to Pixadyx ("we," "us," "our," or the "Company"). Pixadyx is a mobile application and web platform that enables users to transform personal photographs using artificial intelligence technology and purchase physical products featuring their AI-generated artwork.

By accessing or using our services, including our mobile application, website, and any related services (collectively, the "Services"), you agree to be bound by these Terms of Service and Privacy Policy (the "Agreement"). If you do not agree to all the terms and conditions of this Agreement, you must not access or use our Services.

Important: These terms constitute a legally binding agreement between you and Pixadyx. Please read them carefully before using our Services.

2. Description of Services

Pixadyx provides an AI-powered image transformation platform that allows users to:

• Upload personal photographs from their device
• Apply various AI-generated artistic styles and transformations to their images
• Preview their transformed images on various physical products
• Purchase physical products featuring their AI-generated artwork
• Track orders and manage their account

Our Services integrate with third-party providers for AI image generation (OpenAI), e-commerce infrastructure (Shopify), and print-on-demand fulfillment (Printful). Your use of our Services is also subject to the terms and policies of these third-party providers.

3. AI-Generated Content and OpenAI Integration

Our image transformation features are powered by OpenAI's image generation technology. By using these features, you acknowledge and agree to the following:

3.1 Content Guidelines and Prohibited Uses

You agree NOT to submit, upload, or generate content that:

• Is illegal, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable
• Contains nudity, sexual content, or is sexually explicit in nature
• Depicts violence, gore, or promotes self-harm or harm to others
• Is hateful, discriminatory, racist, sexist, or promotes hatred against any group
• Infringes upon any third party's intellectual property rights, including copyrights, trademarks, or patents
• Contains images of minors in inappropriate contexts
• Violates any applicable laws, regulations, or third-party rights
• Attempts to create deepfakes or misleading content designed to deceive
• Impersonates any person or entity without their express consent
• Contains malware, viruses, or any harmful code

3.2 Content Ownership and Rights

Subject to OpenAI's usage policies and applicable law:

• Your Input: You retain ownership of the original photographs you upload. You represent and warrant that you have all necessary rights to use and submit such photographs.
• AI Outputs: Generated outputs may be used by you for personal and commercial purposes, subject to OpenAI's content policy and these Terms. You are responsible for ensuring your use of generated content complies with all applicable laws.
• License Grant: By uploading content, you grant Pixadyx a non-exclusive, worldwide, royalty-free license to process, transform, and store your content solely for the purpose of providing our Services.

3.3 AI Limitations and Disclaimers

AI-generated content is provided "as-is" without warranties of any kind. We do not guarantee:

• The accuracy, quality, or appropriateness of AI-generated outputs
• That outputs will match your expectations or intentions
• That outputs will be free from errors, artifacts, or unintended elements
• The preservation of specific details, features, or characteristics from input images

You acknowledge that AI technology has inherent limitations and may occasionally produce unexpected or unsatisfactory results. Refunds for AI output quality are evaluated on a case-by-case basis.

4. E-Commerce, Orders, and Fulfillment

4.1 Third-Party Fulfillment (Printful)

Physical product manufacturing and shipping are handled by Printful, a third-party print-on-demand service. By placing an order, you acknowledge and agree that:

• Products are manufactured on-demand after order confirmation
• Production times vary by product type and typically range from 2-7 business days
• Shipping times depend on your location and selected shipping method
• Printful's Terms of Service and policies apply to product manufacturing and fulfillment
• Product colors may vary slightly due to printing processes and monitor calibration
• Custom products cannot be returned or exchanged unless defective or damaged

4.2 Payment Processing (Shopify)

Payment processing is handled through Shopify's secure payment infrastructure. By making a purchase, you agree to Shopify's Terms of Service and Payment Terms. We accept major credit cards and other payment methods as displayed at checkout.

• All prices are displayed in the currency selected at checkout
• Prices include applicable taxes based on your shipping address
• You will receive an email confirmation upon successful order placement
• Payment is processed at the time of order, not at shipment

4.3 Shipping and Delivery

Shipping is provided by various carriers through Printful's logistics network:

• Estimated delivery times are provided at checkout and are not guaranteed
• Risk of loss transfers to you upon delivery to the carrier
• International orders may be subject to customs duties, taxes, and fees, which are your responsibility
• Tracking information is provided via email once your order ships
• We are not responsible for delays caused by carriers, customs, or circumstances beyond our control

4.4 Returns, Refunds, and Replacements

Due to the custom nature of our products:

• Defective or Damaged Items: If you receive a defective or damaged product, contact us within 30 days of delivery with photos of the issue. We will arrange a replacement or refund at our discretion.
• Incorrect Orders: If you receive the wrong item, contact us immediately with photos and order details. We will correct the error at no additional cost.
• Lost Shipments: For packages lost in transit, contact us after the estimated delivery window has passed. We will work with carriers to locate or reship your order.
• Buyer's Remorse: Custom products cannot be returned or exchanged due to change of mind, as they are made specifically for you.
• Refund Processing: Approved refunds are processed within 5-10 business days to your original payment method.

5. User Accounts and Authentication

To access certain features of our Services, you may be required to create an account. By creating an account, you agree to:

• Provide accurate, current, and complete information during registration
• Maintain the security and confidentiality of your login credentials
• Notify us immediately of any unauthorized use of your account
• Accept responsibility for all activities that occur under your account
• Not share your account with others or allow others to access your account

We reserve the right to suspend or terminate accounts that violate these Terms or engage in fraudulent, abusive, or illegal activity.

6. Privacy Policy

6.1 Information We Collect

We collect the following types of information:

• Account Information: Email address, name, and authentication credentials
• User Content: Photographs you upload for AI transformation
• Order Information: Shipping address, billing information, order history
• Device Information: Device type, operating system, app version, unique device identifiers
• Usage Data: Features used, styles selected, interaction patterns
• Analytics Data: App performance, crash reports, usage statistics

6.2 How We Use Your Information

We use your information to:

• Provide, maintain, and improve our Services
• Process AI image transformations and product orders
• Communicate with you about orders, updates, and promotions
• Ensure security and prevent fraud
• Comply with legal obligations
• Analyze usage patterns to improve user experience

6.3 Information Sharing

We share your information with:

• OpenAI: Images you upload are processed through OpenAI's API for AI transformation. OpenAI's privacy policy and data handling practices apply.
• Printful: Shipping and order information is shared for product manufacturing and delivery.
• Shopify: Payment and order information is processed through Shopify's infrastructure.
• Service Providers: Analytics, hosting, and other service providers who assist in operating our Services.
• Legal Compliance: When required by law, court order, or government request.

We do not sell your personal information to third parties.

6.4 Data Retention

We retain your information for as long as necessary to provide our Services and fulfill the purposes described in this policy. Specifically:

• Uploaded images are retained for service functionality and may be deleted upon request
• Order information is retained for legal and accounting purposes
• Account information is retained until you request account deletion
• Analytics data is retained in anonymized form for trend analysis

6.5 Your Rights

Depending on your jurisdiction, you may have the right to:

• Access the personal information we hold about you
• Request correction of inaccurate information
• Request deletion of your personal information
• Object to or restrict certain processing activities
• Request data portability
• Withdraw consent where processing is based on consent

To exercise these rights, contact us at the email address provided at the end of this document.

6.6 Data Security

We implement appropriate technical and organizational measures to protect your information, including:

• Encryption of data in transit using TLS/SSL
• Secure storage with access controls
• Regular security assessments and updates
• Employee training on data protection

However, no method of transmission or storage is 100% secure. You use our Services at your own risk.

6.7 International Data Transfers

Your information may be transferred to and processed in countries other than your own, including the United States, where our service providers are located. We ensure appropriate safeguards are in place for such transfers.

6.8 Children's Privacy

Our Services are not directed to children under 13 (or 16 in certain jurisdictions). We do not knowingly collect personal information from children. If you believe a child has provided us with personal information, please contact us immediately.

7. Intellectual Property Rights

All content, features, and functionality of our Services, including but not limited to software, text, graphics, logos, icons, images, audio clips, and data compilations, are the exclusive property of Pixadyx or its licensors and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of our materials without our prior written consent.

The Pixadyx name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Pixadyx. You may not use such marks without our prior written permission.

8. Disclaimers and Limitation of Liability

8.1 Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

WE DO NOT WARRANT THAT THE SERVICES WILL FUNCTION UNINTERRUPTED, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY ERRORS OR DEFECTS WILL BE CORRECTED; THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS.

8.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PIXADYX, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of or inability to access or use the Services
• Any conduct or content of any third party on the Services
• Any content obtained from the Services
• Unauthorized access, use, or alteration of your transmissions or content
• Any AI-generated outputs or their quality, accuracy, or appropriateness
• Product manufacturing, shipping, or fulfillment issues

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

9. Indemnification

You agree to defend, indemnify, and hold harmless Pixadyx, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms
• Your use of our Services
• Your User Content, including any claims of intellectual property infringement
• Your violation of any third-party rights
• Any claim that your content caused damage to a third party

10. Governing Law and Dispute Resolution

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

Any dispute arising out of or relating to these Terms or our Services shall first be attempted to be resolved through good faith negotiation. If negotiation fails, the dispute shall be submitted to the exclusive jurisdiction of the courts of Italy.

If you are a consumer in the European Union, you may also be entitled to submit disputes to the European Commission's Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr.

11. Changes to Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by email or through a prominent notice in our app prior to the changes taking effect.

Your continued use of our Services following the posting of revised Terms means you accept and agree to the changes. We encourage you to review these Terms periodically.

12. Termination

We may terminate or suspend your account and access to our Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

Upon termination, your right to use the Services will immediately cease. If you wish to terminate your account, you may simply discontinue using the Services or contact us to request account deletion.

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

13. Miscellaneous Provisions

• Entire Agreement: These Terms constitute the entire agreement between you and Pixadyx regarding our Services and supersede all prior agreements.
• Severability: If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
• Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
• Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations without restriction.
• Force Majeure: We shall not be liable for any failure to perform our obligations due to circumstances beyond our reasonable control.

14. Contact Information

For questions, concerns, or requests regarding these Terms or our Services, please contact us at:

For privacy-related inquiries or to exercise your data rights, please email us at privacy@pixadyx.com with the subject line "Privacy Request."

By using Pixadyx, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and Privacy Policy.