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Terms and Conditions

Last updated: Oct 20, 2024

Please read these terms and conditions thoroughly before using our service.

Interpretation and Definitions

Interpretation

Words with capitalized letters carry specific meanings as defined below. The same meanings apply whether they appear in singular or plural form.

Definitions

Acceptance of Terms

These terms govern the use of our service and form the agreement between you and us. They set out the rights and responsibilities of all users.

By using or accessing our service, you agree to abide by these terms. If you disagree with any part, please refrain from accessing the service.

Your use of the service is also subject to our Privacy Policy, which outlines how we collect, use, and protect your personal information. Please review it carefully before proceeding.

Refund Policy

By purchasing credits on this site, you acknowledge and agree to our refund policy. You accept that AI-generated avatars may have limitations, such as inaccuracies with letters, deformed results, or misinterpretation of prompts. By purchasing, you understand and accept that not all avatars will be perfect.

Links to Other Websites

Our service may contain links to third-party websites or services we do not own or control. We are not responsible for the content, privacy policies, or practices of any third-party sites. You agree that we are not liable for any damages or losses incurred by using such third-party content, products, or services.

We recommend reviewing the terms and privacy policies of any third-party websites you visit.

Avatar Generation

We may use avatars generated by you to promote our service across various channels, including online ads, physical ads, and social media.

Termination

We reserve the right to suspend or terminate your access immediately, without prior notice, for any reason, including if you breach these terms.

Upon termination, your right to use the service will cease immediately.

Limitation of Liability

Our service uses AI technology provided by OpenAI to generate avatars. It is your responsibility to review copyright laws relevant to AI-generated art in your jurisdiction. We are not liable for the images generated or any damages or losses resulting from them.

If you experience damages, our total liability is limited to the amount you paid for the service or $100 if no payment was made.

To the fullest extent permitted by law, we and our suppliers are not responsible for any special, incidental, indirect, or consequential damages (including loss of profits, data, or privacy) related to the use or inability to use the service, even if advised of such damages.

Some jurisdictions may not permit the exclusion of certain warranties or limitations on liability. In these cases, our liability will be limited to the maximum extent allowed by law.

"AS IS" and "AS AVAILABLE" Disclaimer

Our service is provided "as is" and "as available" without warranties of any kind. To the fullest extent permitted by law, we disclaim all warranties, including those of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee the service will meet your needs, be error-free, or be compatible with other systems.

We also do not guarantee the accuracy, reliability, or availability of the service, nor that it will be free from harmful components like viruses or malware.

Some jurisdictions may not allow these exclusions, so some of the above limitations may not apply to you.

Governing Law

These terms are governed by the laws of Romania, excluding its conflict of law rules. You may also be subject to other local, state, national, or international laws based on your location.

Dispute Resolution

If you have concerns or disputes, you agree to try resolving them informally by contacting us first.

EU Users

If you are an EU resident, you will benefit from any mandatory provisions of your local laws.

Compliance with U.S. Laws

You confirm that you are not located in a country subject to a U.S. government embargo or listed as a "terrorist-supporting" country. You also affirm that you are not on any U.S. government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any part of these terms is found to be unenforceable, the remaining sections will remain in effect. The unenforceable provision will be modified to achieve its intent as closely as possible.

Waiver

Failure to enforce any right or obligation does not waive the right to enforce it in the future.

Translation

If these terms are translated into other languages, the English version will prevail in the event of a dispute.

Changes to These Terms

We may update these terms at our discretion. If the changes are significant, we will provide at least 30 days' notice before they take effect. By continuing to use the service after revisions, you agree to the new terms. If you do not agree, please stop using the service.

Contact Us

If you have any questions about Terms of Service, you can reach us at:
Email: contact@pixpersona.xyz

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