Pixlr AI Generator License (“License”)

This License applies when you use the services of the Pixlr AI Generator (“Services”) to generate Content (as defined below). By accessing or using our Services, you agree to be bound by this License, our Terms of Use, Privacy Policy and Cookie Policy which are incorporated herein by reference. In the event of any inconsistency, this License shall prevail.

1. GRANT OF LICENSE

We own all rights, title and interest in and to the Services and we hereby grant you a non-exclusive, non-transferable, worldwide and revocable license to use the Services in accordance with this License.

2. USE OF THE SERVICES

You may provide input, such as text prompts or descriptions to the Services (“Input”) and receive the output generated by the Services based on the Input (“Output”). For clarification purposes, Input and Output are collectively known as “Content”.

When you use the Services, you are giving us a non-exclusive, sublicensable, worldwide, perpetual, no charge and irrevocable right to reproduce, prepare derivative works of, publicly display, publicly perform, resell, sublicense and distribute the Input you have provided and the Output produced by the Services at our discretion. This grant of rights will survive the termination of this License, for any reason.

Subject to this License and you have successfully subscribed to a respective subscription plan of Pixlr which is subject to payment of a fee (“Paid Subscription”), you can use the Content for any purpose, including but not limited to personal and commercial purposes. However, you are solely responsible for the usage of the Content, including that it does not violate any applicable law or infringe any rights.

3. RESTRICTIONS

You shall NOT:

1. use the Content generated by the Services for any purpose including personal purposes if you do not have a Paid Subscription;
2. use the Services in a way that infringes, misappropriates or violates any person’s rights;
3. reverse engineer, decompile or disassemble the Services;
4. use the Output of the Services to develop models that compete with us;
5. represent that the Output is human-generated when it is not;
6. use the Services or Output to defame, harass, threaten, menace or offend any person; and
7. use the Output for unlawful or unethical purposes, including but not limited to, the creation of offensive, abusive, defamatory, pornographic, threatening, or obscene content.
4. INTELLECTUAL PROPERTY RIGHTS

We retain all rights, titles, and interests in and to the Services and Content generated through the Services, including but not limited to the intellectual property rights therein.

5. WARRANTY DISCLAIMER

The Services is provided "as is" basis, without warranty of any kind except to the extent prohibited by the law. Due to the nature of artificial intelligence learning, the Output generated may not be unique across users and the Services may generate the same or similar Output for other users.

We disclaim all warranties, whether express or implied, including without limitation, any implied warranties of merchantability or fitness for a particular purpose, satisfactory quality and non-infringement. We also do not warrant that the Services will be uninterrupted, accurate or error free.

Any third-party software, services or other products you use in connection with the Services are subject to their own terms, and we are not responsible for third party products.

6. LIMITATION OF LIABILITY

In no event we shall be liable for any special, incidental, indirect, consequential, or punitive damages whatsoever (including, without limitation, damages for loss of profits, interruption, loss of information, or any other pecuniary loss) arising out of the use of or inability to use the Services and/or the Content.

Your sole and exclusive remedy for any problems or issues with the Services is to stop using the Services and there is no financial compensation.

7. INDEMNIFICATION

You agree to indemnify, defend and hold harmless us, our affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third-party claims, losses, liability, damages, and/or costs (including attorney fees and costs) arising from your access to or use of the Services and/or the Content, or your infringement of any intellectual property rights.

8. TERMINATION

This License is effective until terminated by either party. You may terminate this License at any time for any reason by discontinuing the use of the Services. We also may terminate this License at any time without notice if you materially breach this License or there is any change in relationship with third party technology providers beyond our control or to comply with the law. Upon termination, you will stop using our Services and you will promptly destroy all the Content.

9. GOVERNING LAW

This License shall be governed by the laws of Singapore, without regard to the conflict of law principles. All disputes arising out of or in connection with the performance of our Services or this License shall be settled through friendly negotiations. If the parties are unable to resolve any dispute within thirty (30) days after the commencement of negotiations, the parties agree that the dispute shall be settled by arbitration in Singapore under the Singapore International Arbitration Centre (“SIAC”). The number of arbitrators shall be one (1) and the language of the arbitration shall be English. The arbitral award shall be final and binding upon both parties.

You also fully agree to the class action waiver provisions and all disputes must be brought on an individual basis.

Last updated: 15 June 2023

By using the Pixlr AI Generator, you confirm that you have read, understood and agree to this License. We reserve the right to modify this License at any time, at our sole discretion and without notice to you. Your continued use of Pixlr AI Generator after any changes means you agree to such change.