Terms of Use

Last Updated: August 28, 2026

1. Introduction

These Terms of Use ("Terms") represent a binding agreement between you and Pixsee, Inc. ("Pixsee," "we," "us," and "our") that governs your use of (a) the websites, mobile applications, and other online platforms operated by Pixsee where these Terms are posted, including the website located at https://pixsee.io/ (the "Platforms"), and (b) any features and functionalities available on the Platforms (the "Features" and, together with the Platforms, the "Sites").

Please read these Terms carefully before using the Sites. Among other provisions that affect your legal rights, these Terms include a binding individual arbitration requirement and class action waiver, which, subject to limited exceptions, requires you and Pixsee to arbitrate any Disputes (defined below) on an individual basis. Arbitration on an individual basis means that neither party will have the right for a judge or jury to decide its claims or to proceed in a class, consolidated, or representative capacity.

By (a) accepting these Terms using a mechanism made available on the Sites (such as by clicking an "I Agree" button or checking a box) or (b) otherwise using the Sites for any purpose (other than reviewing these Terms or other terms or policies on the Sites), you expressly represent that you agree to be bound by these Terms. You further represent and warrant that you (i) are at least eighteen (18) years of age and have reached the age of majority in your jurisdiction of residence or (ii) are at least 13 years old and are using the Sites with the consent and supervision of a parent or legal guardian who has agreed to these Terms on your behalf and on behalf of him or herself. If you do not meet the foregoing eligibility requirements, if you do not agree to be bound by these Terms, or if these Terms are not enforceable where you are located, you may not use the Sites.

If you are an individual using the Sites on behalf of, or for the benefit of, any corporation, partnership, or other entity with which you are associated (an "Organization"), you are agreeing to these Terms on behalf of yourself and such Organization, and you represent and warrant that you have the legal authority to bind such Organization to these Terms. In that case, references to "you" and "your" in these Terms refer to both you, the individual using the Sites, and to the Organization you represent.

We would not provide the Sites without the conditions in these Terms. If you later seek to repudiate these Terms or any aspect thereof, you agree that such action would constitute a breach of these Terms, prohibiting you from enforcing any aspect of the Terms and entitling us to damages resulting from your breach.

2. Additional Terms

Certain Features of the Sites may be subject to additional terms, conditions, rules, or guidelines ("Additional Terms"), and we may provide such Additional Terms to you via postings, pop-up notices, links, or other reasonable means. All Additional Terms are hereby incorporated by reference into these Terms. As such, any reference to the "Terms" herein includes the Additional Terms. If there is a conflict between the provisions herein and any Additional Terms, the Additional Terms shall control, but only to the extent of the conflict.

3. Updates to these Terms

These Terms may be modified by Pixsee at any time. If we modify these Terms, we will provide notice to you by updating the "Effective Date" above. For material changes, we will seek to supplement such notice by email, a notice on the Sites, or other reasonable means. Your continued use of the Sites after any changes constitutes your agreement to be bound by the Terms as modified.

4. Privacy

Please review our Privacy Policy, which governs your submission of personal information through the Sites. The Privacy Policy is hereby incorporated into these Terms by reference.

Accordingly, by agreeing to these Terms, you are hereby representing to Pixsee that you understand and accept how we collect, use, and disclose information concerning your use of the Sites, as set forth in our Privacy Policy. You understand and agree that (a) Pixsee is justifiably relying on this representation in granting you access to the Sites and (b) if you later take legal action inconsistent with this representation, this will constitute evidence that your representation was false. In that case, Pixsee may elect to terminate these Terms, without prejudice to our ability to seek damages resulting from your breach. If you do not agree to the practices described in our Privacy Policy, you may not use the Sites or provide us with any information.

5. Ownership of the Sites

Pixsee Content

The contents of the Sites, including text, designs, graphics, Trademarks, audio clips, software, logos, buttons, images, digital downloads, data compilations, software, source and object code, icons, and the design, selection, and arrangement thereof (collectively, the "Pixsee Content") is the property of Pixsee or its licensors and may not be used in any manner without prior written permission of the content owner. As the Pixsee Content is a component of the Sites, any reference to the "Sites" herein includes Pixsee Content.

Your Limited License to Use the Sites

We are providing you with access to the Sites pursuant to a limited, non-exclusive, non-transferable, revocable license (the "License"). The License is available to you unless and until you or we terminate these Terms, we otherwise suspend or terminate your access to the Sites, or you are barred from using the Sites by applicable law. Pixsee reserves all right, title, and interest not expressly granted under the License to the fullest extent possible under applicable law.

Under the License, you are permitted to access and use the Sites as made available to you, so long as you comply with these Terms and applicable law. You may view or listen to content solely for your personal, non-commercial purposes and only in the following limited ways: (a) you may access and browse the Sites, and use the Features made available to you, using a device that you own or are authorized to use (an "Authorized Device"); (b) you may download the Pixsee Content from the Sites to an Authorized Device and print out a hard copy, provided that you do not modify the Pixsee Content in any way and do not remove or alter any copyright or other legal notice; (c) you may install a copy of any mobile applications that we make available from time to time (collectively, the "Apps") on an Authorized Device; and (d) your Authorized Device may temporarily store copies of the Pixsee Content incidental to your use of the Sites. You may publish and display your User Content subject to the Creator Agreement. Except to the extent authorized by applicable law, you may not otherwise use, download, upload, copy, print, display, perform, post, reproduce, publish, license, transmit, or distribute any Pixsee Content without the prior written consent of Pixsee or, if applicable, our licensor. Any unauthorized use of the Pixsee Content may violate copyright laws, trademark laws, and other applicable laws. You agree to comply with reasonable written requests from us to help us protect our proprietary and intellectual property rights.

Trademarks

The Pixsee Content includes the trademarks, service marks, logos, slogans, trade names, and trade dress used on the Sites (the "Trademarks"). The absence of a trademark notice or symbol indicating the registration or ownership of the Trademark does not constitute a waiver of our or our licensors’ trademark or other rights. These Terms do not grant you any rights to use the Trademarks. Under no circumstances are you permitted to use the Trademarks in a manner that creates a likelihood of consumer confusion.

Litigation Purposes

Finally, the Sites are intended for users genuinely interested in Pixsee’s services. Under no circumstances may the Sites be used for the purpose of, or with the intention of, initiating litigation or arbitration, including using the Sites in order to trigger or induce an alleged violation of any law ("Litigation Purposes"). Use of the Sites for Litigation Purposes is strictly prohibited, exceeds the parameters of the License, and, as such, constitutes a breach by you of these Terms. In such circumstances, we may elect to terminate these Terms, without prejudice to our ability to seek damages, including attorneys’ fees, resulting from your breach.

Beta Services

Some Platforms or Features made available to you through the Sites may not yet be generally available, including any Platforms, services, or Features labeled "beta", "preview", "pre-release", or "experimental" (each, a "Beta Service"). Pixsee may add, modify, or remove functionality, features, documentation, or other related aspects of any Beta Service at any time without notice and these aspects may be different from any generally available version of the applicable Beta Service at the time of your use or at a later date. Pixsee also may choose not to make a Beta Service generally available at any point in time.

You may provide Pixsee with information relating to your access, use, testing, or evaluation of Beta Services, including observations or information regarding the performance, features, and functionality of Beta Services ("Test Observations"). Test Observations are considered User Content and are subject to the terms of the User Content License.

BETA SERVICES ARE NOT READY FOR PRODUCTION AND MAY CONTAIN BUGS, ERRORS, DEFECTS OR HARMFUL COMPONENTS. ACCORDINGLY, THE BETA SERVICES ARE PROVIDED BY PIXSEE ON AN "AS IS" BASIS AND AS AVAILABLE, AND YOUR ACCESS TO AND/OR USE OF BETA SERVICES IS AT YOUR SOLE RISK.

6. Video Content; Cookies

The primary purpose of the Sites is to make available to consumers informational and entertainment video content, audiovisual content, and content of a like nature (collectively, the "Video Content"). In connection with our provision of Video Content, the Sites may utilize online targeting technologies and code-based tools, including but not limited to social media pixels, Software Development Kits ("SDKs"), and cookies (i.e., advertising or analytics cookies) that track information about your activity and webpage-viewing history on the Sites (collectively, "Targeting Tools") in order to recommend, both on the Sites and on third-party sites, tailored Video Content and to gauge performance of Video Content and the Sites in general.

Targeting Tools on the Sites may result in information about your activity on the Sites being transmitted from your browser to Pixsee and third parties, which, in turn, may result in the display of targeted advertisements on third-party websites and platforms, including advertisements for Pixsee content. You hereby acknowledge and agree that our use of certain Targeting Tools is integral to our provision of Video Content and to fulfill the purpose of your purchase, and is done in the "ordinary course of business," as defined in the Video Privacy Protection Act (18 U.S.C.A. § 2710) ("VPPA"). Without limiting the foregoing, you further understand and agree that, when you visit a particular webpage on the Sites that contains Video Content, the fact that you visited that particular webpage is distinct from whether you requested or obtained specific Video Content on such webpage. Thus, you understand and agree that, for the purposes of the VPPA and any similar laws, rules, or regulations, Pixsee is not disclosing whether you have requested or obtained specific video materials or services from Pixsee by virtue of Pixsee’s using Targeting Tools that share information with third parties as to whether you have viewed particular webpages on the Sites.

In addition, whether Targeting Tools on the Sites result in your browser’s transmission of information to third parties depends on a number of factors that may be outside of Pixsee’s knowledge or control, including what third-party websites you use, what information you have provided to such third parties, and whether (and the extent to which) you have limited the use of cookies by the operators of those third-party websites. AS SUCH, YOU HEREBY ACKNOWLEDGE AND AGREE THAT, IF TARGETING TOOLS ON THE SITES RESULT IN YOUR BROWSER'S TRANSMISSION OF INFORMATION TO THIRD-PARTY WEBSITES, (I) SUCH TRANSMISSIONS DO NOT CONSTITUTE A “KNOWING DISCLOSURE” OF “PERSONALLY IDENTIFIABLE INFORMATION” BY PIXSEE UNDER THE VPPA AND (II) YOU WILL NOT INITIATE ANY LITIGATION OR OTHERWISE ASSERT ANY CLAIM AGAINST PIXSEE BASED, IN WHOLE OR IN PART, ON SUCH TRANSMISSIONS, WHETHER UNDER THE VPPA, THE CALIFORNIA INVASION OF PRIVACY ACT (CAL. PENAL CODE § 630 ET SEQ.) (“CIPA”), OR ANY OTHER STATUTE, REGULATION, OR CAUSE OF ACTION.

7. User Content

User Content Disclaimer

Certain Features of the Sites may permit users to post, transmit, submit, upload, share, or make available (collectively, "share") reviews, comments, communications, images, recordings, suggestions, questions, ideas, or other information or content (collectively, "User Content"). User Content has not necessarily been reviewed or approved by Pixsee, and we, therefore, make no representations or warranties as to the accuracy, reliability, completeness, timeliness, or any other aspect of any User Content. Any views or opinions expressed in User Content belong to the users who shared the content and not to Pixsee. Your reliance on any User Content is done entirely at your own risk. You understand and agree that we are not responsible for, and shall have no liability related to, any User Content, including your reliance on such content. If you post any User Content, you are entirely responsible for that content. We may, in our sole discretion, use automated systems that analyze User Content to help detect infringement and abuse, such as spam, malware, and illegal content.

Your License to Pixsee

You retain ownership rights in your User Content. However, we do require you to grant certain rights to Pixsee with respect to your User Content. By sharing User Content, you grant to Pixsee a non-exclusive, royalty-free, worldwide, irrevocable, perpetual, and fully sublicensable right to (a) reproduce, translate, publish, distribute, display, broadcast, modify, alter, create derivative works of, and otherwise use such User Content in any manner throughout the world, in any media or format, and for any purpose, whether commercial or otherwise, and (b) use your name in connection with your User Content when exercising the foregoing rights (the foregoing grant of rights, the "User Content License"). We may sublicense the rights granted under the User Content License through multiple tiers of sublicenses.

You represent and warrant that (a) you own your User Content or (b) you have obtained all rights and permissions needed to grant the User Content License to Pixsee and, if the latter, that you have not altered or deleted any legal notice or copyright information attached to the User Content by the owner of such content. You acknowledge that you are not entitled to any monetary payment or other consideration in connection with our use of your User Content pursuant to the User Content License: You grant to Pixsee the right to monetize your User Content on the Sites (and such monetization may include displaying ads on or within User Content). These Terms do not entitle you to any payments with respect to Pixsee’s monetization of your User Content.

User Content shall not be deemed confidential, and Pixsee shall not have any obligation to keep such content confidential. You acknowledge and agree that, pursuant to the User Content License, we shall be free to use any ideas, concepts, know-how, or techniques contained in User Content for any purpose whatsoever, including developing, manufacturing, and marketing services incorporating or based on your User Content, all without any compensation or attribution to you.

Private Submission

Notwithstanding anything to the contrary in these Terms, the User Content License does not apply to personal information included in User Content that is not intended for public display ("Private Submissions"), such as personal information submitted when creating an Account (defined below). Personal information included in Private Submissions shall be treated in accordance with our Privacy Policy. However, personal information included in User Content that is intended for public display on the Sites is licensed to us pursuant to the User Content License.

Use of Third-Party User Content

All User Content on the Sites is considered Pixsee Content. As such, aside from the limited right to access and use the Sites and Pixsee Content granted in the License, you may not make any use of User Content shared by another party without the permission of the owner of such content.

8. Accounts

To access certain Features or areas of the Sites, it may be necessary to create an account (each, an "Account"), which may require you to select a username and password. You agree (a) to provide accurate and complete information and (b) not to act in a false or misleading manner during the Account creation process. Without limiting the preceding sentence, you agree not to adopt a username with the intention of imitating any other person or entity. You are solely responsible for maintaining the secrecy of your Account credentials and other sensitive Account information and for restricting access to your Account. You accept that you are fully responsible for the acts and omissions of any person that uses the Sites while logged into your Account.

9. Transactions

Definitions

As used in this Section, the following terms have the meanings set forth below:

  • "Box Office" means the bonding-curve smart contract deployed for each Show through which Tix for that Show are minted (on purchase) and burned (on sale). The Box Office is the sole platform venue for buying and selling Tix; Pixsee does not operate any exchange, liquidity pool, or other trading facility.
  • "Card Transaction" means a purchase of Show access made by payment card on Pixsee's merchant account.
  • "Gas" means the network transaction fees charged by the applicable blockchain network to process on-chain transactions. Gas is a third-party network fee; Pixsee does not receive, set, or control Gas amounts.
  • "Show" means a series or other video program available on the Sites for which access may be purchased.
  • "Tix" means the blockchain-based digital tokens unique to each Show, where one (1) Tix equals one (1) second of paid view time for that Show. Tix are minted when purchased through the Box Office and burned when sold back to the Box Office. Each Show has its own distinct supply of Tix.
  • "USDC" means USD Coin, the third-party stablecoin used as the settlement currency for Wallet Transactions on the Sites.
  • "Wallet" means the self-custodial embedded wallet provisioned for you via our third-party wallet provider. Your Wallet is self-custodial: Pixsee does not hold, control, or have access to your private keys or the funds in your Wallet.
  • "Wallet Transaction" means a purchase or sale of Tix through the Box Office using USDC held in your Wallet.

How Transactions Work

Purchasing Show Access. You may purchase access to Shows on the Sites via (a) a Card Transaction or (b) a Wallet Transaction, in each case as made available on the Sites.

Payment Methods and Payment Information. The payment methods that we accept will be set forth on the Sites and may change from time to time. You represent and warrant that you have the legal right to use any payment method you designate for a Transaction. You further agree to provide current, complete, and accurate information for your chosen payment method, including any billing address, card number, or account details (collectively, "Payment Information"). You agree to promptly update your Account and Payment Information as necessary so that we can complete your Transactions and contact you as needed.

Wallet Activation. To conduct Wallet Transactions, you must activate a Wallet. Upon activation, you will be required to acknowledge the risks associated with Tix, including price volatility, on-chain finality, and the other matters described in Section 9(D). You must acknowledge these risks before completing your first Tix purchase.

Funding Your Wallet. You may fund your Wallet with USDC through the methods made available on the Sites, which may include third-party fiat onramp and offramp services and direct transfers from external wallets. Fiat-to-USDC and USDC-to-fiat conversion, where available, is processed by one or more third-party providers acting as the merchant of record for those conversions, and is subject to the terms and fees of the applicable provider. Pixsee is not a party to those conversion transactions. You may also withdraw USDC from your Wallet through such methods made available on the Sites.

Buying Tix. When you buy Tix for a Show through the Box Office, USDC is transferred from your Wallet to the Show's Box Office smart contract, and the corresponding Tix are minted to your Wallet. The price per Tix is determined by the Show's bonding curve at the time of your purchase.

Selling Tix. When you sell Tix for a Show through the Box Office, your Tix are burned and USDC is returned to your Wallet at the price determined by the Show's bonding curve at the time of your sale. The price at which you sell may be higher or lower than the price at which you purchased, and Pixsee makes no guarantees regarding the value you will receive.

Using Tix. Tix are redeemed automatically when you access paid content within a Show at a rate of one (1) Tix per second of paid view time. Redeemed Tix are consumed and cannot be recovered or resold.

Gas Fees. All on-chain transactions, including Box Office purchases and sales, are subject to Gas. You are solely responsible for all Gas incurred in connection with your Wallet Transactions. Pixsee does not receive any portion of Gas.

Transaction Finality. All Wallet Transactions are processed on-chain and are final and irreversible upon confirmation by the applicable blockchain network. Pixsee cannot reverse, cancel, or modify any on-chain transaction.

Tix Supply and Pricing

The supply of Tix for each Show is uncapped. The Box Office bonding curve for each Show operates between a price floor and a price ceiling. The price of Tix fluctuates based on supply and demand as reflected by the bonding curve. Pixsee does not guarantee any particular price, price range, or price trajectory for Tix.

Nature of Tix; Risk Acknowledgment

Limited License, Not Property. Tix are a digital access instrument representing a limited, personal, non-exclusive, non-transferable (except as described herein), revocable license to access paid content within the applicable Show, subject to these Terms. Tix are not property, securities, commodities, investment contracts, or any form of financial instrument. Tix do not confer any ownership interest, equity, profit-sharing right, governance right, or claim against Pixsee or any third party. Your purchase of Tix is a purchase of a limited access right and is not an investment of any kind. You should not purchase Tix with any expectation of profit, appreciation, or financial return.

Price Volatility. The price of Tix fluctuates based on the bonding curve and is affected by the buying and selling activity of other users. The value of Tix may increase or decrease after your purchase, and there is no guarantee that you will be able to sell Tix at or above the price you paid. You bear all risk of loss arising from changes in Tix pricing, whether you watch, hold, or sell your Tix. Pixsee shall have no liability for any decrease in the value of Tix and is under no obligation to compensate you for any price changes.

Finality of Purchases. All Tix purchases through the Box Office are final. Except as expressly set forth in Section 9(F) (Refunds), no refunds, credits, or exchanges will be provided for Tix purchases.

Wallet Security. Your Wallet is self-custodial. You are solely responsible for maintaining the security and confidentiality of your Wallet credentials, private keys, and recovery phrases. Pixsee does not have access to your private keys and cannot recover your Wallet or its contents if you lose access. Any Tix or USDC lost as a result of compromised credentials, lost keys, or unauthorized access to your Wallet are your sole responsibility.

Transferability. Pixsee does not provide any feature enabling the transfer of Tix between users or wallets. Because Tix reside in self-custodial wallets, they may be technically transferable at the blockchain level; however, any such transfer is conducted entirely at your own risk, is not facilitated or supported by Pixsee, and may result in permanent loss of access rights or Tix. Pixsee shall have no liability for Tix transferred outside the Box Office.

Modification, Suspension, and Discontinuation. Pixsee reserves the right, at any time and in its sole discretion, to manage, modify, suspend, or discontinue Tix, any Show's Box Office, or any related feature, including by adjusting bonding curve parameters, imposing transaction limits, or ceasing the availability of Tix for any or all Shows. Pixsee shall not be liable to you for any such action.

Forfeiture. If your account is terminated or suspended for violation of these Terms, you may forfeit all Tix in your Wallet without compensation. Pixsee shall have no obligation to provide a refund or other remedy with respect to forfeited Tix.

Taxes. You are solely responsible for determining and fulfilling any tax obligations arising from your purchase, sale, holding, redemption, or other use of Tix, including any income, capital gains, sales, use, value-added, or other taxes or reporting obligations under applicable law. Pixsee does not provide tax advice and makes no representations regarding the tax treatment of Tix.

Non-Custodial Platform

Pixsee is a non-custodial platform. At no point does Pixsee hold, control, or have access to your private keys, your Wallet, or any digital assets (including Tix or USDC) in your Wallet. All digital assets remain under your sole control in your self-custodial Wallet. Fiat-to-USDC and USDC-to-fiat conversion services available on the Sites are provided by third-party providers and not by Pixsee. The Box Office smart contracts operate on the applicable blockchain network; Pixsee facilitates your interaction with these contracts but does not custody the funds passing through them.

Refunds

Card Transactions: Show Removal Refund. If a Show for which you purchased access via a Card Transaction is removed from the Sites, Pixsee shall refund the access price you paid for that Show to your original payment method, in an amount not to exceed the total amount actually paid by you for that Card Transaction (the "Card Refund"). The Card Refund reflects only the access price paid and does not account for, and you shall have no claim for, any change in the value of access or Tix between the time of your purchase and the time of the Show's removal. Except for the Card Refund, Pixsee shall have no further liability to you in connection with a removed Show purchased via Card Transaction.

Wallet Transactions: Show Removal Process. If a Show for which you purchased Tix via Wallet Transaction is removed from the Sites, Pixsee will make available a claims process through which you may claim refundable Tix from the Show's Box Office smart contract. You may sell any claimed Tix, together with any other Tix you hold in that Show, back to the Box Office for USDC. The amount of USDC you receive upon such sale will depend on (a) the number of Tix remaining in the Show's Box Office contract at the time of the Show's removal and (b) the price on the bonding curve at the time of your sale. Pixsee does not guarantee that you will recover all or any portion of the USDC you originally spent to purchase Tix. You are responsible for all Gas incurred in connection with claiming and selling Tix under this Section; however, Pixsee will waive its own platform fees, if any, on claim and sale transactions conducted under this section.

No Other Refunds. Except as expressly set forth in these Terms, all Transactions are final and non-refundable. Pixsee shall have no obligation to provide any refund, credit, or compensation in connection with any Transaction, including without limitation for any decrease in Tix value, any failure to use purchased Tix, or any dissatisfaction with Show content.

10. Errors & Images

Errors

​The Sites may contain errors, inaccuracies, or omissions ("Errors"). We reserve the right, at any time and without notice, to correct any Errors and to modify, suspend, or discontinue any services provided. Notwithstanding the rights reserved in the preceding sentence, we undertake no obligation to update, amend, or clarify any service information, except as required by applicable law. No specified update or refresh date on the Sites should be taken to indicate that all service information has been modified, updated, or corrected.

Images

Images on the Sites, including depictions of Features (collectively, "Images"), are provided for general illustrative purposes only and may differ from the look and feel of our actual Features provided on the Sites. To the fullest extent permitted by law, we disclaim all representations and warranties, express or implied, regarding the Images, and you agree that your reliance on any Images is done entirely at your own risk. You acknowledge that in the event a Feature is not exactly as described, pictured, or otherwise does not meet your expectations, your sole remedy is to discontinue use of that Feature and the Sites.

11. Acceptable Use

Prohibited Conduct

You agree not to share any User Content or otherwise use the Sites in any manner that:

  • Infringes any copyright, trademark, trade secret, patent, or other right of any party, including the publicity and privacy rights of any person (living or deceased);
  • Impersonates any person or entity, including Pixsee or a Pixsee representative, or otherwise misrepresents your affiliation with a person or entity;
  • Involves forging headers or otherwise manipulating identifiers in order to disguise the origin of any content transmitted through the Sites;
  • Is false or misleading, abusive, harmful, threatening, or harassing, tortious, defamatory, or libelous, obscene, vulgar, or pornographic, discriminatory on the basis of race, religion, ethnicity, nationality, sex, sexuality, gender, age, or disability, or otherwise objectionable;
  • Harms minors in any way;
  • Is designed to gain access to aspects of the Sites that you are not authorized to access;
  • Copies, modifies, creates a derivative work of, reverse engineers, decompiles or otherwise attempts to extract the source code of the software underlying the Sites;
  • Discloses content that you do not have a right to disclose pursuant to any law or under contractual or fiduciary relationships, such as inside information, proprietary and confidential information received through employment relationships or under nondisclosure agreements;
  • Discloses private or personal matters concerning any person without their permission;
  • Interferes with or disrupts the proper functioning of the Sites or any other user’s use of the Sites;
  • ​Consists of or involves any unsolicited or unauthorized advertising, charity requests, petitions for signatures, promotional materials, "junk mail," "spam," "chain letters," “pyramid schemes,” or any other form of solicitation, except in those areas of the Sites that are designed for such purpose, if any;
  • Is designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment (including by means of software viruses or any other computer code, files, or programs);
  • Promotes participation in street racing, speed contests, stunts on public roads, trespass, or any other illegal activity;
  • Causes Pixsee to lose (in whole or in part) the services of our internet service providers or other suppliers;
  • Interferes with or disrupts the Sites or servers or networks connected to the Sites, or disobeys any requirements, procedures, policies, or regulations of networks connected to the Sites;
  • Violates, or encourages anyone to violate, any applicable local, state, national, or international law, regulation, or order;
  • Promotes, incites, glorifies, or celebrates unlawful violence, terrorism, or hateful conduct against any person or group on the basis of race, religion, disability, gender, sexual orientation, national origin, or any other immutable characteristic.

Reviews

Notwithstanding the use restrictions in this Section, nothing in these Terms prohibits or restricts your ability to express or publish any review, performance assessment, or similar analysis (collectively, "Reviews") about Pixsee, its employees or agents, or its services, to the extent that such Reviews are protected under applicable law, including any (a) "statement" protected by Cal. Civ. Code § 1670.8 or (b) "covered communication" as defined by the Consumer Review Fairness Act, 15 U.S.C.A. § 45b.

Monitoring and Enforcement

Pixsee has the right, but not the obligation, to monitor the Sites for the purpose of determining and enforcing compliance with these Terms. Further, we shall be free to delete, remove, modify, or refuse to post any User Content if we determine (a) that the content violates these Terms, (b) that the content is stale or off topic for the applicable portion of the Sites, or (c) doing so is otherwise necessary or convenient in connection with our administration of the Sites.

We reserve the right to disclose any information, including your identity, Account information, and Site Activity, as we deem necessary to (a) enforce these Terms; (b) satisfy any applicable law, regulation, legal process, or governmental request; or (c) respond to claims that the Sites or your activities in connection therewith violate the rights of third parties.

You hereby waive any claims related to or resulting from any action or inaction of Pixsee with respect to (a) monitoring the Sites; (b) deleting, removing, modifying, or refusing to post any User Content; (c) determining or enforcing compliance with these Terms; or (d) cooperating with law enforcement or a governmental request concerning any matter related to the Sites.

Community Guidelines; Reporting User Content; Appeals

Community Guidelines: The Sites are a place to connect Pixsee users virtually, in order to share experiences and information in a safe and positive way. Pixsee is a neutral party to any interactions between users, and we are not responsible for these interactions or any information shared between users. We have no responsibility to confirm the identity of our users or any other information about them, such as qualifications, background, or abilities. You must always use common sense and good judgment when interacting with any other Pixsee users. By using the Sites you agree to:

  • Use good judgment and consider the risks of your activities before getting started;
  • Use common sense, stay in control and don’t put yourself or others in danger;
  • Focus on your surroundings and prioritize your safety and the safety of those around you;
  • Use your device only when it’s safe to do so;
  • Be courteous to others;
  • Represent yourself authentically and to trust others to do so as well;
  • Treat everyone with empathy, respect, and kindness;
  • Know and obey all laws and rules related to your activities;
  • Prioritize safety and respect the law;

Reporting User Content: You can report User Content you believe violates the law or these Terms by emailing us at support@pixsee.io. Please specify (1) the nature of the violation and (2) how the content violates these Terms. When User Content is reported to us, we review the content against these Terms and applicable law and take appropriate enforcement actions. We do this to protect our community from abuse and unwanted content and behavior. We take a number of factors into account when reviewing a piece of User Content or Account for a violation such as context, intent, the potential for harm, whether the Account is a repeat offender, and if our reporting mechanisms are being used to harass others.

Depending on the nature of the violation, we take a range of actions including, but not limited to, removing User Content, revoking or limiting access to Features, sending a warning, enacting a temporary Account suspension, and for more serious offenses, permanently suspending Accounts from our Sites and services. We may use automated detection to surface User Content for review or to block User Content. In all cases, a human reviews the appeals.

When processing user reports, we provide information to users specifying why their report may or may not have violated our policies. We may warn or suspend an Account that is found to be making repeated, unfounded complaints that have already been responded to and adequately addressed by Pixsee.

Appeals: When we remove User Content, suspend an Account, restrict access to Features, or take any other action against a piece of content or an Account, we notify the Account owner using the email address on file. Similarly, when someone reports a potential violation to us and we do not have sufficient information to take action on the report, we contact them using the email address on file. These notices offer an opportunity for users to appeal enforcement decisions or share more context for a re-review.

  • If you’d like to appeal an enforcement decision, you can do so by following the steps outlined in the email you received. You can appeal up to six months after the date of the decision.
  • When submitting an appeal, share the reason for the appeal, including any context or background information that could help us understand the case better.
  • Once an appeal is received, a human will review the original decision against these Terms, policies, and guidelines to determine whether the determination of a violation and/or the enforcement action taken were warranted. Such decisions typically include granting the appeal, requesting more information, or denying the appeal.
  • We will communicate our decision as a response to the appeals email.

Non-Consensual Intimate Images (“NCII”) Notice and Removal

This Section applies to all User Content available through the Sites. For purposes of this Section, the Sites is a "covered platform" within the meaning of the TAKE IT DOWN Act (Pub. L. No. 119-16, codified at 15 U.S.C. § 6851 et seq.), and the obligations set forth herein reflect the notice-and-removal requirements that took effect on May 19, 2026, as enforced by the Federal Trade Commission ("FTC").

You may not upload, post, share, or otherwise make available on the Sites any intimate visual depiction of an identifiable individual where:

  • the individual depicted did not provide consent to the creation or distribution of such depiction; or
  • the depiction was generated or substantially altered by software, artificial intelligence, or any other computer-generated process (commonly referred to as a "digital forgery" or "deepfake") so as to appear to depict an identifiable individual in an intimate context, regardless of whether the underlying imagery is real.

For purposes of this Section, "intimate visual depiction" has the meaning given to that term under the TAKE IT DOWN Act.

We maintain a clear and conspicuous mechanism through which any depicted individual (or an authorized representative, including a parent or guardian of a minor) may submit a removal request for NCII ("NCII Report"). The reporting mechanism is accessible at all times via https://pixsee.io/report and, at a minimum:

  • is no more than two navigational steps from the Sites’ homepage or primary landing screen;
  • does not require the requesting individual to create an account or log in to the Sites;
  • permits the requesting individual to identify the content at issue and provide sufficient information to enable the Sites to locate the material; and
  • provides confirmation of receipt upon submission.

Upon receipt of a facially valid NCII Report, we will:

  • remove or disable access to the identified intimate visual depiction, together with any identical or substantially similar copies of that depiction that are reasonably discoverable through our existing technical measures, within forty-eight (48) hours of receipt of the report;
  • make reasonable efforts to ensure that the identified material is not re-posted to the Sites following removal; and
  • notify the individual who submitted the report that the removal action has been completed, or, if the report is determined to be facially invalid or outside the scope of the TAKE IT DOWN Act, provide a written explanation of the basis for that determination within the same 48-hour period.

Identical and Substantially Similar Copies. Our removal obligation extends to all identical copies and, to the extent technically feasible using perceptual hashing, fingerprinting, or comparable detection technologies, substantially similar copies of the identified depiction across the Sites.

Counter-Notice. A user whose content has been removed under this Section may submit a counter-notice if the user believes in good faith that the content was removed in error. Counter-notices must be submitted in writing to support@pixsee.io and must include the information required under the TAKE IT DOWN Act. We will process counter-notices in accordance with applicable law.

Prohibition on Retaliation and Misuse. Users may not threaten to post or distribute NCII as a means of harassment, coercion, or extortion. Submitting a materially false NCII Report is a violation of these Terms and may subject the reporter to liability under applicable law.

Consequences of Violation. Any user who violates this Section may be subject to immediate content removal, account suspension or termination, and referral to law enforcement, in addition to any other rights or remedies available to Pixsee under these Terms or applicable law.

Cooperation with Law Enforcement. We will cooperate with law enforcement authorities investigating violations of the TAKE IT DOWN Act or any other applicable federal or state laws concerning non-consensual intimate imagery, including by preserving and producing records as required by valid legal process.

Minors. Where the NCII Report involves the depiction of an individual who is or appears to be a minor, we will prioritize the report for expedited review and, in addition to the removal obligations above, make a report to the National Center for Missing & Exploited Children ("NCMEC") in accordance with 18 U.S.C. § 2258A.

12. Mobile Terms and Conditions

By consenting to Pixsee’s SMS program (the "SMS Program") on the Sites or via other subscription tools we provide, you are agreeing to receive recurring text messages regarding your Account and our services, and any other matters related to the Sites, even if your mobile number is registered on a state or federal do-not-call list. Message frequency varies. Consent to the SMS Program is not a condition of any purchase from us.

If you wish to stop receiving text messages from Pixsee, reply with STOP to any text message sent from us or use the unsubscribe link provided to you within our commercial email messages. You understand and agree that alternate methods of opting out, such as using different words or requests, will not be considered a reasonable means of opting out and may not be honored.

There is no fee from Pixsee to participate in the SMS Program, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply and you consult your mobile service provider with any question concerning the same. For any questions, please text HELP in response to any of our messages or reach out to us at the contact information provided in these Terms.

We have the right to modify any telephone number or short code we use to operate the SMS Program at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT WE WILL NOT BE LIABLE FOR FAILED, DELAYED, OR MISDIRECTED DELIVERY OF ANY INFORMATION SENT THROUGH THE SMS PROGRAM, ANY ERRORS IN SUCH INFORMATION, AND/OR YOUR RELIANCE ON THE INFORMATION OR SMS PROGRAM.

For purposes of these Terms, the SMS Program is a component of the Sites. As such, your participation in the SMS Program is subject to all provisions of these Terms.

13. Artificial Intelligence Tools and Features

Description of AI Tools

Certain Features may be powered by artificial intelligence, machine learning, or similar technologies ("AI Tools"), which may include an interactive chatbot (the "Chatbot"). The AI Tools are provided for the purpose of facilitating communication with Pixsee support; generating creator thumbnail images on the Sites; supporting User Content moderation; and additional uses as described from time to time (the "Purpose"). AI Tools may analyze content you input to them ("Input"), including your questions or personal preferences and generate responses, including suggested content that you may be interested in ("Output") based on the Input. When you interact with the Chatbot or other interactive AI Tools, you are communicating with an automated software system that generates Output in response to your Input, not a human representative of Pixsee.

Pixsee may use one or more third-party artificial intelligence providers ("AI Providers") to power the AI Tools. The specific AI Providers and underlying models may change from time to time, and Pixsee may add, modify, suspend, or discontinue any AI Tool at any time without notice or liability.

License to Input & Output

By using the AI Tools, you grant Pixsee a non-exclusive, worldwide, royalty-free license to host, store, record, retain, reproduce, modify, transmit, execute, and otherwise process the Input and Output for the purpose of providing, operating, maintaining, and improving the AI Tools, which includes the right to provide Input and Output to AI Providers as necessary to deliver the AI Tools. Your use of the AI Tools is also subject to our Privacy Policy, which describes how we collect, use, store, and disclose personal information related to your use of the Sites, including with respect to your use of AI Tools.

User Acknowledgments; Consent; Responsibilities

By using any AI Tools, you acknowledge, represent, and agree that:

  • Output is generated probabilistically and may be inaccurate, incomplete, biased, outdated, or fabricated ("hallucinated");
  • Output may incorporate or resemble third-party content and may not be original to you or free of third-party rights, and you should not assume that any Output is unique, original, non-infringing, or free of licensing obligations;
  • You are solely responsible for independently reviewing all Output prior to use or reliance to ensure that it is accurate and complete and compliant with applicable laws (including intellectual property laws);
  • You have obtained, and will maintain, all rights, permissions, consents, and authorizations necessary (a) to submit your Input to the AI Tools and (b) for Pixsee and the AI Providers to process that Input as contemplated by these Terms;
  • You will use AI Tools solely for the Purpose and in compliance with any applicable documentation or usage guidelines made available by Pixsee, and will not use the AI Tools to develop competing products or services;
  • Pixsee does not pre-screen Output and is not the author, publisher, or speaker of any Output you elect to use, and you (a) are solely responsible for any Output you distribute, rely on, or otherwise use and (b) agree not to represent Output as having been independently verified by Pixsee;
  • You obtain no ownership rights in the AI Tools or the underlying models, and, as between you and Pixsee, Pixsee retains all rights in the AI Tools; and
  • You will not submit to the AI Tools any trade secrets, proprietary information, or confidential information of any third party.

Disclaimers

AI Tools and all Output are provided on an "as is" and "as available" basis. For the avoidance of doubt, all Warranty and Liability Exclusions and indemnification provisions set forth elsewhere in these Terms apply in full to your use of the AI Tools, including your Input and any Output.

14. Disclaimer of Warranties; Limitation of Liability

Disclaimer of Warranties

To the fullest extent permitted by applicable law, the Sites, including the Beta Service, are provided on an "as is" and "as available" basis. Pixsee expressly disclaims all warranties of any kind, whether express or implied, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Without limiting the preceding sentence, Pixsee makes no warranty that (a) the Sites will meet your requirements; (b) the Sites will be uninterrupted, timely, secure, or free of viruses, errors or other harmful components; (c) the Pixsee Content will be accurate or reliable; (d) the quality of any features, information, or other material accessed or used by you through the Sites will meet your expectations; or (e) any errors on the Sites will be corrected. It is your responsibility to evaluate the accuracy, completeness, and usefulness of any information, opinion, advice, or other content available through the Sites and to consult professionals as needed in such evaluation.

Limitation of Liability

Pixsee, its parents, subsidiaries, affiliates, successors, assigns, suppliers, and licensors, and each of their officers, shareholders, managers, employees, agents, directors, and licensees (collectively, the "Released Parties") shall not be liable for any of the following types of damages should they arise in connection with your use of or inability to use the Sites or the services: (a) indirect, incidental, special, punitive, consequential, statutory, or exemplary damages; (b) loss of profits, revenue, business, goodwill, use, or data, in all cases whether direct or indirect; (c) damages, including for any delay or failure in performance, arising from causes beyond the reasonable control of the Released Parties; (d) damages arising from the conduct of other users of the Sites or their User Content; (e) damages arising from your use of any version of any Beta Service; or (f) damages relating to the delay, failure, interruption, disclosure, or corruption of any data or information transmitted in connection with the Sites.

Further, in no event shall the collective liability of the Released Parties in connection with any Dispute exceed the greater of (a) $250 USD or (b) any total amount paid by you to Pixsee in connection with services procured through the Sites in the twelve (12) months preceding the date on which your claim arose (or, if the Dispute involves multiple claims, the date on which the first such claim arose).

The Terms of this Section shall apply to the fullest extent permitted by applicable law, regardless of the form of action, whether in contract, tort (including negligence), strict liability, or otherwise, and even if any remedy fails of its essential purpose. You acknowledge and agree that the limitations of liability set forth in this Section are fundamental elements of the basis of the bargain between you and Pixsee, and that we would not be able to provide the Sites or any services without such limitations.

Additional Rights

For purposes of these terms, "Warranty and Liability Exclusions" means any disclaimers of warranties and/or any exclusions, limitations, or caps on liability. Some jurisdictions do not permit the disclaimer of certain Warranty and Liability Exclusions. Accordingly, some of the Warranty and Liability Exclusions in these Terms might not apply to you, either in whole or in part. Nothing in these terms seeks to impose Warranty and Liability Exclusions in a manner that is prohibited under applicable law. You agree, however, that all Warranty and Liability Exclusions in these Terms, whether in this Section or elsewhere, shall apply to the greatest extent permitted by applicable law.

15. Indemnification

You agree to indemnify, hold harmless, and, at their option, defend the Released Parties from and against any and all liabilities, claims, damages, costs, and expenses, including attorneys’ fees and costs, arising from or related to (a) your breach of these Terms; (b) any User Content you share; (c) your interactions with other users; and (d) your violation of any law or the rights of any third party. You agree that the Released Parties shall have the right to assume exclusive defense and control of any matter subject to indemnification by you and you agree to cooperate if and as requested by us in the defense and settlement of such matter. If a Released Party assumes defense and control of any such matter, this shall not relieve you of your indemnification obligations. You agree never to settle any matter for which your indemnification is required absent our prior written consent.

Separately, if you initiate, or threaten to initiate, any litigation, arbitration, or otherwise assert any claim against the Released Parties that is based or relies, in whole or in part, upon a repudiation or breach of any promises, representations, warranties, agreements, or consents that you have made or provided pursuant to these Terms (collectively "Prohibited Legal Actions"), you agree to indemnify the Released Parties from and against any liabilities, claims, damages, costs, and expenses, including attorneys’ fees and costs, arising from or related to the Prohibited Legal Action or your threat of the same.

16. Links to External Sites

The Sites may include hyperlinks to External Sites. If you use these links, you are leaving the Sites and visiting a website or service operated by a third party. These Terms will not apply to your use of External Sites, and our Privacy Policy will not apply to information collected from you on External Sites. You should refer to the policies posted on External Sites before you use them.

We are not responsible for any content, goods, or services available on External Sites, nor do we endorse any opinions, advice, statements, or advertisements on External Sites. You bear all risks associated with your use of External Sites. If you choose to purchase any products or services on an External Site, your relationship is directly with the relevant third party and not with Pixsee. Under no circumstances shall we be held responsible or liable for any loss or damage caused by your use of External Sites.

17. Linking to the Sites

You agree not to create any hyperlink to the Sites without our prior express written approval (including via email). To request linking permission, please contact us at support@pixsee.io. If we grant linking permission, we may withdraw that permission at any time by providing you with written notice (including via email). Upon receipt of such notice, you agree to remove the applicable hyperlink immediately and not to re-establish any hyperlink to the Sites without obtaining new written approval in accordance with this provision.

18. Disputes; Arbitration

If there is any controversy, claim, action, or dispute arising out of or related to your use of the Sites, including any services displayed on the Sites, or the breach, enforcement, interpretation, or validity of these Terms or any part of them (each, a "Dispute"), you and Pixsee hereby agree to resolve the Dispute through the dispute resolution procedures set forth in this Section, even if the Dispute arose prior to the Effective Date of these Terms.

Informal Dispute Resolution

You and Pixsee agree to first attempt to avoid the costs of formal dispute resolution by giving each other a full and fair opportunity to address and resolve the Dispute informally. The party with the complaint (the "Complaining Party") shall send written notice to the other party (the "Receiving Party") describing the facts and circumstances of the Dispute (a "Dispute Notice").

All Dispute Notices must: (a) be signed by the Complaining Party; (b) include the Complaining Party’s name, physical address, and email address; (c) describe with specificity the nature and basis of the Dispute in a manner sufficient for the Receiving Party to evaluate the merits of the Complaining Party’s individualized claim, and (d) set forth the alleged damage and harm suffered and the specific relief sought with a calculation for it. Each Dispute Notice is limited to a single Dispute between you and Pixsee. As such, your Dispute and those of others may not be combined into a single Dispute Notice.

Dispute Notices shall be sent as follows:

  • To Pixsee: You must send any Dispute Notice (a) 520 ½ N Spaulding Ave. Los Angeles CA, 90036 and (b) by email to support@pixsee.io
  • To You: We will send notice by (a) first-class or certified mail to the physical address we have on file for you (if any) and (b) by email to the email address we have on file for you (if any). If we do not have any address on file for you, or if we are, for any reason, unable to provide notice via the contact information on file, we reserve the right to provide notice by other reasonable means.

You and Pixsee will attempt to resolve the Dispute through informal negotiation within sixty (60) days beginning on the date that a valid Dispute Notice is sent (the "Informal Negotiation Period"). During the Informal Negotiation Period, you and Pixsee are required to conduct an individual meet-and-confer in person, or via teleconference or videoconference, that addresses only the Dispute between you and Pixsee (the "Conference"). If you are represented by counsel, your counsel may participate in the Conference, but you will also need to participate. Pixsee will participate in the Conference through one or more representatives, which may include our counsel.

Both you and Pixsee agree that the foregoing dispute resolution procedure (the "Informal Resolution Process") is a condition precedent that must be satisfied before initiating any arbitration or litigation against the other party. If any aspect or requirement of the Informal Dispute Resolution Procedure has not been completed, the parties agree that (a) a court of competent jurisdiction can enjoin the filing or prosecution of any arbitration or litigation and (b) unless prohibited by law, no arbitration administrator shall administer any arbitration or demand fees in connection with the Dispute.

Individual Arbitration

If any dispute cannot be resolved through the Informal Resolution Process, you and Pixsee agree that such dispute shall be decided exclusively by binding arbitration on an individual basis. Arbitration on an individual basis means that neither party will have, and you and Pixsee each hereby waive, the right for a judge or jury to decide its claims, and that neither party is permitted to proceed in a class, consolidated, or representative capacity. Other rights that you and we would have in court will not be available or will be more limited in arbitration, including discovery and appeal rights.

Any such Disputes shall be exclusively submitted to JAMS (www.jamsadr.com) for binding arbitration under its rules then in effect, as modified by these Terms, before one arbitrator to be mutually agreed upon by both parties (a Dispute submitted to JAMS for arbitration being a "Demand for Arbitration"). The arbitration shall be conducted in accordance with the JAMS Consumer Arbitration Minimum Standards (the "Minimum Standards") if, and only if, it is determined by JAMS or the arbitrator that the Minimum Standards are applicable to the Dispute. The Minimum Standards are available at www.jamsadr.com/consumer-minimum-standards. The location of any hearings will be determined by the applicable JAMS rules, provided that if the claim is for $5,000 or less, you may choose to (a) have the arbitration conducted solely on the basis of the documents submitted to the arbitrator or (b) hold a hearing by teleconference or videoconference.

The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any Dispute arising under or relating to the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or any part of these Terms are void or voidable. You and Pixsee agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of this Section or the arbitrability of any claim or counterclaim. The award rendered by the arbitrator may be confirmed and enforced in a court of competent jurisdiction.

Mass Arbitration

If you or Pixsee files a Demand for Arbitration that is one of twenty-five (25) or more similar Demands for Arbitration filed by parties represented by the same law firm or law firms acting in coordination (a "Mass Arbitration"), the arbitration of the Dispute, and all other Disputes constituting the Mass Arbitration, shall be conducted in accordance with the JAMS Mass Arbitration Procedures and Guidelines, including the JAMS Mass Arbitration Fee Schedule (the "Mass Arbitration Rules"). The Mass Arbitration Rules are available at www.jamsadr.com/mass-arbitration-procedures.

Notwithstanding anything to the contrary in these Terms, you and Pixsee agree that, in the event of a Mass Arbitration, any issues arising under or relating to (a) the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or any part of these Terms are void or voidable or (b) the jurisdiction of the arbitrator, including any objections with respect to the existence, scope, or validity of this Section or the arbitrability of any claim or counterclaim, shall be decided by a court of competent jurisdiction.

Exceptions

In lieu of the dispute resolution procedures in these Terms, you or Pixsee may (a) bring a claim or elect to resolve a Dispute in small claims court in the United States consistent with any applicable jurisdictional and monetary limits that may apply, so long as the action is litigated exclusively in small claims court and is not removed or appealed to a court of general jurisdiction; and (b) file a claim in court to (i) enjoin the infringement or other misuse of its intellectual property rights or (ii) seek a declaration that the other party is in breach of these Terms. You and Pixsee agree that, to the extent permitted by applicable law, any claims referenced in the preceding sentence must be brought and maintained on an individual basis.

In addition, nothing in these Terms prohibits you or us from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf (or vice versa).

19. Choice of Law & Forum

Choice of Law

These Terms and your use of the Sites shall be governed by the laws of the United States and the State of California, without regard to principles of conflict of laws. Any arbitration conducted pursuant to these Terms shall be governed by the Federal Arbitration Act, 9 U.S.C., Secs. 1-16.

Choice of Forum

Except for claims properly lodged in a small claims court in the United States, any Disputes not subject to arbitration pursuant to these Terms, shall be resolved by a court located in Los Angeles County in the State of California, and you hereby agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

20. Claim of Copyright Infringement

We comply with the Digital Millennium Copyright Act ("DMCA"). If you believe that material on the Sites infringes a copyright that you own or are authorized to enforce, please send a notice of copyright infringement ("Copyright Notice") to our agent designated for responding to reports of copyright infringement ("Designated Agent"). In the subject line of your message, please include "Re: Claim of Copyright Infringement." The contact information for our Designated Agent is as follows:

520 ½ N Spaulding Ave. Los Angeles, CA 90036 (mail)
+1 (213) 999-3903 (phone)
support@pixsee.io (email)

To be effective, the Copyright Notice must be a written communication that includes the following:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  • Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an email address at which the complaining party may be contacted;
  • A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

When we receive a substantially compliant Copyright Notice, we will expeditiously remove or disable access to the allegedly infringing content. We may give notice to the user responsible for the content by means of a general notice on the Sites, email to the user’s address in our records, or written communication sent by first-class mail to the user’s physical address in our records. If you receive such a notice and believe that the content was removed as a result of mistake or misidentification, you may send a counter-notification to the Designated Agent (“Copyright Counter-Notification”).

To be effective, a Copyright Counter-Notification must be a written communication that includes the following:

  • Your physical or electronic signature;
  • Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
  • A statement from you, under penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
  • Your name, physical address, telephone number, and a statement that you consent to the jurisdiction of a federal district court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

In an effort to protect the rights of copyright owners, we maintain a policy of suspending or terminating access to the Sites, in appropriate circumstances and where technically feasible, of users who we determine to be repeat infringers.

21. Changes to the Sites

We reserve the right to modify, suspend, or discontinue the Sites and any aspect thereof, and you agree that Pixsee shall not be liable for any such actions. These Terms shall automatically apply to all improvements and modifications to the Sites.

22. Termination of these Terms

These Terms will continue to apply until terminated by either you or Pixsee. We may terminate these Terms, or suspend or terminate your access to the Sites, at any time (a) if we believe you have breached these Terms, (b) if we stop providing the Sites or any material component thereof, or (c) as we believe necessary to comply with applicable law. You may terminate these Terms at any time by discontinuing your use of the Sites and, if applicable, deleting your Account. If you need assistance deleting your Account, please contact us using the contact information provided below.

If you or we terminate these Terms, or if we suspend or terminate your access to the Sites, you agree that (a) your right to access and use the Sites ceases immediately; (b) we shall have no liability to you in connection with the same; and (c) except as expressly provided otherwise by Pixsee, we will not refund any amounts that you have already paid to us. Notwithstanding the preceding sentence, if you voluntarily terminate these Terms, and you are not barred from using the Sites by Pixsee or applicable law, you are permitted to resume use of the Sites at a later date. You agree that any such resumed use of the Sites constitutes your renewed acceptance of the then-current version of these Terms.

The following provisions shall survive the termination of these Terms: Sections 4, 5 (excluding the License), 6, 7, 12, 13, 14, 15, 18, 19, and 23, as well as any other provisions of these Terms that, either explicitly or by their nature, must remain in effect even after termination of these Terms.

23. Miscellaneous

Interpretation

In these Terms, the words "include," "includes," and "including" are used in an illustrative sense and shall be construed as if followed by "without limitation," and the term "or" shall not be exclusive. Titles and headings to sections herein are included for convenience only and are not intended to affect the meaning or interpretation of these Terms. Any limited or specific disclaimers or limitations of liability found in these Terms shall not limit the effect, force, or breadth of any more general disclaimers or limitations of liability in these Terms. When these Terms refer to a decision or action that will or may be made or taken by Pixsee, such decision or action shall be made, taken, or refrained from in our sole discretion and judgment.

Severability

If any provision of these Terms is deemed invalid, void, or for any reason unenforceable by a court or authority of competent jurisdiction, such provision shall be deemed severable and shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

Waiver

The failure of you or Pixsee to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.

Entire Agreement

These Terms (including, for clarification, any Additional Terms) set forth the entire understanding and agreement between you and Pixsee with respect to your use of the Sites.

Assignment

You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms without our express prior written consent. We may assign, transfer, or sublicense any or all of our rights or obligations under these Terms without restriction.

No Relationship

These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and Pixsee.

Notice Regarding Apple

If you download any of our Apps from Apple, Inc's ("Apple") App Store, or if you are using an App on an iOS device, the following terms and conditions apply to you:

  • These Terms are between you and Pixsee. Apple is not a party to these Terms and Apple is not responsible for the Apps or the content thereof. To the extent that you download an App from the App Store or use an App on an iOS device, the License is (1) limited to a license to use the App on Apple-branded products you own or control and (2) subject to (a) the Usage Rules set forth in the App Store Terms of Service and (b) any applicable third-party terms.
  • Apple has no obligation to furnish any maintenance or support services with respect to the Apps. In the event of any failure of the App to conform to an applicable warranty (if any), you may notify Apple and Apple will refund the applicable purchase price of the App (if any) to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App, including: (1) product liability claims; (2) any claim that the App fails to conform to any applicable legal or regulatory requirement; (3) claims arising under consumer protection or similar legislation; and (4) claims with respect to intellectual property infringement. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights.
  • Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

Compliance with Laws

Pixsee controls and operates the Sites from within the United States and makes no representation or warranty that the Sites are appropriate or available for use or access in any location outside of the United States. Anyone using or accessing the Sites from outside the United States does so on their own risk and is responsible for compliance with all applicable laws and regulations, including U.S. and international export control laws and regulations.

Notice to California Residents

IF YOU ARE A CALIFORNIA RESIDENT, WITH RESPECT TO ANY WARRANTY AND LIABILITY EXCLUSIONS IN THESE TERMS, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."

Further, California residents may reach (a) us at the contact information provided below and (b) the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Admissibility

You agree that all agreements, notices, disclosures, and other communications that Pixsee provides to you (a) via a notice on the Sites or (b) an email to an address that we have on file for you will satisfy any legal requirement that such communications be in writing. You further agree that a printed version of these Terms and/or any notice given in electronic form shall be admissible in judicial or administrative proceedings (including arbitration) based upon or relating to these Terms or your use of the Sites to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

24. Contact Us

If you have any questions, comments or concerns about these Terms, you may contact us as outlined below. For questions about the Sites or our services, please reach out to us at support@pixsee.io.

Pixsee, Inc.
support@pixsee.io