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Community Guidelines

Community Guidelines & End User License Agreement

Definitions

“Pixel Port LLC”, “we”, “us” and “our” mean Pixel Port LLC, a Wyoming limited liability company.

“App” means the mobile software application you downloaded and installed that is published by Pixel Port LLC, including all related content, features and services accessible through that application.

“Services” means all functionality provided through the App, including but not limited to the ability to upload, edit, transform or generate photos, images, or other content using artificial intelligence (“AI”) or machine learning models.

“User”, “you” and “your” mean the individual who downloads, installs, accesses or uses the App and Services.

I. NOTICE TO THE USER

This is a legally binding agreement. If you do not understand this agreement, or disagree with our App Privacy Policy and Terms of Service, you must immediately leave the apple app store and/or google play and you are not authorized to use or access any of the services. Depending on the laws of the jurisdiction where you live, you may have certain rights that cannot be waived through this agreement and that are in addition to the terms of this agreement and certain provisions of this agreement might be unenforceable as to you. To the extent that any term or condition of this agreement is unenforceable, the remainder of the agreement shall remain in full force and effect.

It is important that you read and understand this Agreement as by downloading, installing or using the App you indicate that you have read, understood, agreed and accepted the Agreement which takes effect on the date on which you download, install or use the App. By using the App you agree to abide by this Agreement, and our Privacy Policy and Terms of Service.

II. GRANT OF LICENSE

Subject to your compliance with the Terms of the Agreement, Pixel Port LLC grants you a limited, non-exclusive, revocable, non-sub licensable, non-transferable license to access, download and install the most current generally available version of the App on a single, authorized mobile device that you own or control solely for your lawful, personal, as an end-user, and non-commercial use.

III. END USER LICENSE AGREEMENT. RULES AND REGULATIONS APPLICABLE TO USER CONTENT

INTELLECTUAL PROPERTY RIGHTS RELATED TO THE APP

You may use the App solely for your own non-commercial purposes. You are bound to respect the copyrighted material within the App.

By using the App, you undertake to respect our intellectual property rights (intellectual property rights related to the App's source code, UI/UX design, content material, copyright and trademarks, hereinafter referred to as the “Intellectual Property Rights”) as well as those owned by third parties. As long as you keep using the App, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, non-assignable and revocable right to access and use the App pursuant to this Agreement (the “App License”).

USER CONTENT

You assume and bear all the risks related to your use of User Content. It is your sole responsibility to ensure compliance with the applicable laws while using User Content. Before you upload your Input Content make sure that:

  • the image belongs to you or you have otherwise obtained the right to use it in the way that is technically allowed by the App;
  • the image is legally and socially acceptable and does not go against public order;
  • the image does not infringe any third party’s rights, including the copyright and the right to privacy.

Note that a set of prohibitions and restrictions apply with respect to both Input and Output Content.

IV. PROHIBITED BEHAVIOUR

You agree not to use the App in any way that:

  • is unlawful, illegal or unauthorized;
  • is defamatory of any other person;
  • is obscene or offensive;
  • infringes any copyright, database right or trademark of any other person;
  • advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse.

Additional restrictions related to the use of the AI models in the App.

In addition, you agree not to use the App and/or User Content:

  • In any way that violates any applicable national, federal, state, local or international law or regulation;
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way;
  • To generate or disseminate verifiably false information and/or content with the purpose of harming others;
  • To generate or disseminate personal identifiable information that can be used to harm an individual;
  • To defame, disparage or otherwise harass others;
  • For fully automated decision making that adversely impacts an individual’s legal rights or otherwise creates or modifies a binding, enforceable obligation;
  • For any use intended to or which has the effect of discriminating against or harming individuals or groups based on online or offline social behavior or known or predicted personal or personality characteristics;
  • To exploit any of the vulnerabilities of a specific group of persons based on their age, social, physical or mental characteristics, in order to materially distort the behavior of a person pertaining to that group in a manner that causes or is likely to cause that person or another person physical or psychological harm;
  • For any use intended to or which has the effect of discriminating against individuals or groups based on legally protected characteristics or categories;
  • To provide medical advice and medical results interpretation;
  • To generate or disseminate information for the purpose to be used for administration of justice, law enforcement, immigration or asylum processes, such as predicting an individual will commit fraud/crime commitment (e.g. by text profiling, drawing causal relationships between assertions made in documents, indiscriminate and arbitrarily-targeted use);

IT IS ALSO STRICTLY PROHIBITED TO USE ANY COPYRIGHTED AND/OR TRADEMARKED MATERIALS AS INPUT CONTENT OR WHEN YOU ENTER ANY OTHER DATA WHILE USING THE APP.

Prohibition of objectionable User Content

It is strictly prohibited to upload, enter, create, generate, use, share, distribute or otherwise exploit any User Content that:

  • is or may reasonably be considered to be illegal, defamatory, libelous, immoral, harmful, misleading, deceptive, fraudulent, indecent, hateful, racially or religiously biased or offensive, slanderous, obscene, pornographic, children pornography, sexually explicit, or that encourages anyone to violate any local, state, national or international law;
  • can abuse, harass, humiliate or intimidate any person or group;
  • advocates, supports, promotes and/or assists discrimination based on any ground including but not limited to race, sex, religion, nationality, sexual orientation, disability, age;
  • infringes any third party's copyright, patent, trademark, trade dress, trade secret or other intellectual property right(s) and/or publicity rights, and/or the right to privacy;
  • demonstrates, promotes, depicts and/or incites crimes, offenses and/or violent acts;
  • contains any malicious code, such as viruses, worms, Trojan horses or other potentially harmful programs, codes or material;
  • encourages illegal use of weapons and dangerous objects, or facilitates the purchase of firearms or ammunition;
  • breaches your contractual or fiduciary obligation(s) owed to a third party;
  • otherwise violates any applicable law, rule, regulation or statute.

AI IMAGE GENERATION – SPECIFIC TERMS (INPUT & OUTPUT)

The following provisions specifically apply to any use of AI or machine-learning features in the App, including generation, editing or transformation of photos and images (“AI Features”).

  1. Third-Party Models and No Guarantee of Accuracy

    • The App may rely on third-party AI models and infrastructure. We do not control all aspects of those models and do not guarantee that any output will be accurate, reliable, original, free of defects, or suitable for any particular purpose.
    • Outputs may be unexpected, distorted, biased or offensive. You use them entirely at your own risk.

  2. Responsibility for Input Content

    • You are solely responsible for your Input Content (including images, text prompts, and any other data you provide).
    • You represent and warrant that:
      • you have all rights, licenses and permissions necessary to upload, submit and use the Input Content in the App;
      • your Input Content does not infringe any third party’s rights, including copyright, trademarks, trade dress, moral rights, privacy or publicity rights;
      • your Input Content does not contain sensitive personal data, biometric data or any information that you are not permitted to share under applicable law or contract.

  3. Responsibility for Output Content

    • As between you and us, subject to applicable law and any third-party license terms, you may generally use, download, share or commercialize the images or other content generated by the AI Features (“Output Content”).
    • However, we do not represent or warrant that the Output Content will not resemble or conflict with existing works or third-party rights. You are solely responsible for ensuring that your use of the Output Content complies with all applicable laws and does not infringe the rights of any third party.
    • You must not use Output Content:
      • in a way that is misleading, defamatory, hateful, pornographic, or otherwise objectionable;
      • to impersonate real persons or brands without permission;
      • to create or distribute deepfakes or synthetic media that could reasonably be used for fraud, harassment, defamation, political manipulation, or other harmful purposes.

  4. No Sensitive or High-Risk Uses

    You agree not to rely on the App or AI Features for any of the following high-risk purposes:

    • medical, psychological, financial, investment or legal advice or diagnosis;
    • decisions that may materially affect a person’s employment, housing, credit, education, or other fundamental rights;
    • any safety-critical, emergency or life-sustaining context (including but not limited to healthcare, aviation, transportation, critical infrastructure, or weapons-related applications).

  5. Content Moderation; Removal and Suspension

    • We reserve the right (but shall have no obligation) to monitor, suspend, remove or disable access to any Input Content or Output Content that we, in our sole discretion, consider to be in violation of this Agreement, our policies, or applicable law.
    • We may suspend or terminate your access to the AI Features or the App at any time if we believe you are misusing the App or violating any of these terms.

  6. Use of Content to Provide and Improve Services

    • To the extent permitted by law and our Privacy Policy, you grant us a worldwide, non-exclusive, royalty-free license to use, host, store, copy, process, and display your Input Content and Output Content solely as necessary to operate, maintain, secure and improve the App and Services (including to comply with legal obligations and enforce our rights).
    • We will handle personal data in accordance with our Privacy Policy.

Representations and warranties with respect to the Input Content uploaded by a user to the App

By uploading, submitting any Input Content to the App you represent, warrant and undertake to us the following:

  • you are the author and/or exclusive copyright holder of all Input Content that you upload, submit via the App or you have obtained all necessary rights and permissions of the relevant owner of such content so that you have all relevant rights in your Input Content to enable you to use it within the App according to the terms of present Agreement;
  • you have not licensed any rights in your Input Content that will be in conflict with your use of the App according to this Agreement;
  • you have obtained permission for you to use and for us to use the image and likeness of each individual contained in the Input Content in accordance with the terms of this Agreement;
  • your Input Content does not contain any third party materials that you do not have permission to use;
  • your Input Content does not contain visible trademarks or you have appropriate permissions to use such trademarks as part of your Input Content within the limits prescribed by the present Agreement.

Note that it is also strictly prohibited to upload, submit any Input Content that contains child photos, images or likeness.

If the image of property is contained in your Input Content you represent and warrant that you have all appropriate permissions from the owners of such property to upload, submit such Input Content via the App and use it according to the terms of the present Agreement.

Other general restrictions and terms related to the use of the App

You shall not make the App available to any third parties. In addition, you shall not modify, translate it into other languages, reverse engineer, decompile, disassemble or otherwise create derivative works based on the App or any documentation related to it.

You shall not transfer, lend, rent, lease, distribute the App, or use it for providing services to a third party, or grant any rights to the App or any documentation concerning the App to a third party.

Misuse of any trademarks or any other content displayed on the App is prohibited.

You shall not copy, duplicate, distribute, publish, use any content of the App, directly or indirectly, in a way that constitutes a violation of our Intellectual Property Rights.

You shall not make any attempts to use the App or part thereof for malicious intentions.

We are not responsible for the way you use the App.

We are entitled to adopt, against any user who violates the present Agreement, any legal measures at our disposal pursuant to the applicable laws.

All disputes arising from the usage of the App, shall be governed by and construed in accordance with the laws of the State of Wyoming, United States of America, and shall be submitted to the sole jurisdiction of the competent courts of Wyoming, USA.

V. DISCLAIMER OF WARRANTIES

You agree that your use of the app and its services shall be at your sole risk. The services and all the materials, information, software, content integrated in the app are provided “as is” and “as available”. We do not make any warranties of any kind, either express or implied, with regard to the merchantability, technical compatibility or fitness for a particular purpose of any service, products or material provided pursuant to this agreement. We do not warrant that the functions contained on or through the services will be available, uninterrupted or error-free, that defects will be corrected, or that the services or the servers that make the service available are free of viruses or other harmful components. We are not responsible for breaches of individual’s privacy as a result of your misuse of the app. You are solely responsible for obtaining a person’s consent for tracking within the app and guarantee that such consent is voluntary, explicit and unambiguous.

We do not give you any guarantee for the proper functionality of the App.

We assume no liability or responsibility for any kind of violation arising from your use of the app, including any breach of intellectual property rights of third parties, or due to any unauthorized access or other illegal actions by any third party.

VI. LIMITATION OF LIABILITY & INDEMNITY

In no event shall we be liable for damages of any type, whether direct or indirect, arising out of or in any way related to the app and services provided by the app. We shall not be liable under any circumstances for any special, consequential, incidental, exemplary or punitive damages, or loss of profit or revenues, even if we have been specifically advised of the possibility of such damages. We shall not be liable under any circumstances for damages arising out of or in any way related to products, services and/or information offered or provided by any third-parties and accessed through the app or by any other means. You also specifically acknowledge that we are not liable for costs or damages arising out of private or governmental legal actions related to your use of any of the app and its services in any country.

You also acknowledge and agree that your any use of the App or/and User Content is at your sole risk. You assume your full responsibility arising out of your use of the App and/or use, other exploitation, further sharing and distribution of any User Content and Output Content. In addition, you hereby agree to hold harmless and indemnify us, our successors, assigns, licensees, partners, affiliates, officers, directors, employees from and against any and all claims, liabilities, complaints, losses, expenses and damages of any kind or nature (including reasonable attorneys’ fees) arising out of:

  • your use of the App, Services, AI Features, User Content or Output Content;
  • any allegation that your Input Content or use of any Output Content infringes or misappropriates any intellectual property, privacy, publicity or other right of any third party; or
  • your failure to comply with the terms of the present Agreement or any applicable law.