Terms of Use for Captions
Terms of Use for Captions
Terms of Use for Captions
Last updated: May 2026
Last updated: May 2026
1. AGREEMENT
1. AGREEMENT
This application Terms of Use (the "TOU") is a legal agreement by and between Pixster Studio LLP (hereinafter, "Pixster Studio LLP") and you ("You" or "Your") concerning Your use of Pixster Studio LLP's website located at https://pixsterstudio.com (the "Website") and Pixster Studio LLP's mobile phone applications (the "Applications") and the services available through the Website and Applications (the "Services"). By downloading, installing and otherwise using the Website and/or Applications, You represent and warrant that You have read and understand, and agree to be bound by the terms of this EULA and Pixster Studio LLP's Privacy Policy, which is incorporated herein by reference and made part of this EULA. IF YOU DO NOT UNDERSTAND THIS EULA, OR DO NOT AGREE TO THE TERMS OF THIS EULA, YOU MAY NOT USE THE SERVICES.
This application Terms of Use (the "TOU") is a legal agreement by and between Pixster Studio LLP (hereinafter, "Pixster Studio LLP") and you ("You" or "Your") concerning Your use of Pixster Studio LLP's website located at https://pixsterstudio.com (the "Website") and Pixster Studio LLP's mobile phone applications (the "Applications") and the services available through the Website and Applications (the "Services"). By downloading, installing and otherwise using the Website and/or Applications, You represent and warrant that You have read and understand, and agree to be bound by the terms of this EULA and Pixster Studio LLP's Privacy Policy, which is incorporated herein by reference and made part of this EULA. IF YOU DO NOT UNDERSTAND THIS EULA, OR DO NOT AGREE TO THE TERMS OF THIS EULA, YOU MAY NOT USE THE SERVICES.
2. INFORMATION COLLECTION AND USE; PRIVACY POLICY
2. INFORMATION COLLECTION AND USE; PRIVACY POLICY
By using the Services, You consent that Pixster Studio LLP may collect and use certain information about You, as specified in the Privacy Policy. Use of information we collect is subject to the Privacy Policy in effect at the time such information is used.
By using the Services, You consent that Pixster Studio LLP may collect and use certain information about You, as specified in the Privacy Policy. Use of information we collect is subject to the Privacy Policy in effect at the time such information is used.
3. CHANGES TO AGREEMENT
3. CHANGES TO AGREEMENT
Pixster Studio LLP may change this EULA at any time upon notice to You by posting a new version on the Services. You are responsible for periodically reviewing this EULA to ensure that You are familiar with the most recent version. Your use of the Services after we post any material changes to this EULA constitutes Your agreement to those changes, subject to applicable law. Where required by law (including for users in the EEA, United Kingdom, and Switzerland), we will obtain Your affirmative consent to material changes before they apply to You.
Pixster Studio LLP may change this EULA at any time upon notice to You by posting a new version on the Services. You are responsible for periodically reviewing this EULA to ensure that You are familiar with the most recent version. Your use of the Services after we post any material changes to this EULA constitutes Your agreement to those changes, subject to applicable law. Where required by law (including for users in the EEA, United Kingdom, and Switzerland), we will obtain Your affirmative consent to material changes before they apply to You.
4. ELIGIBILITY
4. ELIGIBILITY
By using the Services, You represent and warrant that You are at least 18 years old. If You are accepting this EULA on behalf of a company, organization, educational institution, or agency instrumentality or department of a government (an "Entity") as its authorized legal representative, then You represent and warrant that You have the power and authority to bind such Entity to these terms, and references to "You" herein refer to both You, the individual end user, and the Entity on whose behalf You are accepting this EULA.
By using the Services, You represent and warrant that You are at least 18 years old. If You are accepting this EULA on behalf of a company, organization, educational institution, or agency instrumentality or department of a government (an "Entity") as its authorized legal representative, then You represent and warrant that You have the power and authority to bind such Entity to these terms, and references to "You" herein refer to both You, the individual end user, and the Entity on whose behalf You are accepting this EULA.
5. LICENSE
5. LICENSE
Subject to Your compliance with this EULA, Pixster Studio LLP hereby grants You a limited, non-transferable, non-sublicensable, non-exclusive, revocable license to use the Services through the Website or by downloading and installing our Applications. Pixster Studio LLP reserves all rights not expressly granted by this EULA and You hereby acknowledge that all title and ownership of the Program and all associated intellectual property rights are and shall remain with Pixster Studio LLP. When accessing the Services through the Applications that were downloaded from an app store or app distribution platform, such as the Apple App Store or Google Play (the "App Provider"), You acknowledge and agree that:
(a) this EULA is concluded between us, and not with the App Provider, and that we are solely responsible for the Applications (not the App Provider);
(b) the App Provider has no obligation to furnish any maintenance and support services with respect to the Applications;
(c) in the event of any failure of the Applications to conform to any applicable warranty,
(i) you may notify the App Provider and the App Provider will refund the purchase price for the Applications to you (if applicable),
(ii) to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the Applications, and
(iii) any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility;
(d) the App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the Applications or your possession and use of the Applications, including, but not limited to:
(i) product liability claims;
(ii) any claim that the app fails to conform to any applicable legal or regulatory requirement; and
(iii) claims arising under consumer protection or similar legislation;
(e) in the event of any third party claim that the Applications or your possession and use of the Applications infringes that third party's intellectual property rights, we will be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this EULA;
(f) the App Provider, and its subsidiaries, are third party beneficiaries of this EULA as it relates to your license of the Applications, and that, upon your acceptance of the terms and conditions of this EULA, the App Provider will have the right (and will be deemed to have accepted the right) to enforce this EULA as related to your license of the Applications against you as a third party beneficiary thereof; and
(g) you must also comply with all applicable third party terms of service when using the Applications.
Subject to Your compliance with this EULA, Pixster Studio LLP hereby grants You a limited, non-transferable, non-sublicensable, non-exclusive, revocable license to use the Services through the Website or by downloading and installing our Applications. Pixster Studio LLP reserves all rights not expressly granted by this EULA and You hereby acknowledge that all title and ownership of the Program and all associated intellectual property rights are and shall remain with Pixster Studio LLP. When accessing the Services through the Applications that were downloaded from an app store or app distribution platform, such as the Apple App Store or Google Play (the "App Provider"), You acknowledge and agree that:
(a) this EULA is concluded between us, and not with the App Provider, and that we are solely responsible for the Applications (not the App Provider);
(b) the App Provider has no obligation to furnish any maintenance and support services with respect to the Applications;
(c) in the event of any failure of the Applications to conform to any applicable warranty,
(i) you may notify the App Provider and the App Provider will refund the purchase price for the Applications to you (if applicable),
(ii) to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the Applications, and
(iii) any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility;
(d) the App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the Applications or your possession and use of the Applications, including, but not limited to:
(i) product liability claims;
(ii) any claim that the app fails to conform to any applicable legal or regulatory requirement; and
(iii) claims arising under consumer protection or similar legislation;
(e) in the event of any third party claim that the Applications or your possession and use of the Applications infringes that third party's intellectual property rights, we will be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this EULA;
(f) the App Provider, and its subsidiaries, are third party beneficiaries of this EULA as it relates to your license of the Applications, and that, upon your acceptance of the terms and conditions of this EULA, the App Provider will have the right (and will be deemed to have accepted the right) to enforce this EULA as related to your license of the Applications against you as a third party beneficiary thereof; and
(g) you must also comply with all applicable third party terms of service when using the Applications.
6. PAYMENTS AND PURCHASES OF VIRTUAL GOODS
6. PAYMENTS AND PURCHASES OF VIRTUAL GOODS
Pixster Studio LLP may license to you certain virtual goods to be used within Pixster Studio LLP Services. Unless otherwise specified, these virtual goods shall be deemed an integral part of the Software. These virtual goods may be licensed both for a fee using "real world money" and without any separate fee, as applicable from time to time. These virtual goods may also be licensed by using third party virtual currency or by using separate activation codes. Any and all virtual goods are licensed to you on limited, personal, non-transferable, non-sublicensable and revocable basis and limited only for non-commercial use. Please note that, subject to applicable consumer protection law, any payment for licenses for virtual goods or redemption of third party virtual currency is final and non-refundable. Pixster Studio LLP may manage, regulate, control, modify or eliminate virtual goods at any time, with or without notice. Pixster Studio LLP shall have no liability to you or any third party in the event that Pixster Studio LLP exercises any such rights.
Subject to mandatory legislation, You acknowledge that Pixster Studio LLP is not required to provide a refund for virtual goods for any reason, and that You will not receive money or other compensation for unused virtual goods, whether Your loss of license under this EULA was voluntary or involuntary.
Pixster Studio LLP may license to you certain virtual goods to be used within Pixster Studio LLP Services. Unless otherwise specified, these virtual goods shall be deemed an integral part of the Software. These virtual goods may be licensed both for a fee using "real world money" and without any separate fee, as applicable from time to time. These virtual goods may also be licensed by using third party virtual currency or by using separate activation codes. Any and all virtual goods are licensed to you on limited, personal, non-transferable, non-sublicensable and revocable basis and limited only for non-commercial use. Please note that, subject to applicable consumer protection law, any payment for licenses for virtual goods or redemption of third party virtual currency is final and non-refundable. Pixster Studio LLP may manage, regulate, control, modify or eliminate virtual goods at any time, with or without notice. Pixster Studio LLP shall have no liability to you or any third party in the event that Pixster Studio LLP exercises any such rights.
Subject to mandatory legislation, You acknowledge that Pixster Studio LLP is not required to provide a refund for virtual goods for any reason, and that You will not receive money or other compensation for unused virtual goods, whether Your loss of license under this EULA was voluntary or involuntary.
7. ACCURACY OF THIRD PARTY INFORMATION
7. ACCURACY OF THIRD PARTY INFORMATION
You understand that by using the Services, You may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, You agree to use the Services at Your sole risk and that Pixster Studio LLP shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable. You also understand that by using the Services, You may encounter opinions, advice, statements, or other information made available by means of the Services by third parties, and these are those of their respective authors, and should not necessarily be relied on. Such authors are solely responsible for such content. Pixster Studio LLP DOES NOT WARRANT OR ENDORSE AND DOES NOT ASSUME AND WILL NOT HAVE ANY LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PERSON FOR LOSS OR DAMAGES RESULTING FROM YOUR RELIANCE ON THE ACCURACY, COMPLETENESS, USEFULNESS OR RELIABILITY OF ANY THIRD PARTY INFORMATION OR CONTENT POSTED ON THE SERVICES.
You understand that by using the Services, You may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, You agree to use the Services at Your sole risk and that Pixster Studio LLP shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable. You also understand that by using the Services, You may encounter opinions, advice, statements, or other information made available by means of the Services by third parties, and these are those of their respective authors, and should not necessarily be relied on. Such authors are solely responsible for such content. Pixster Studio LLP DOES NOT WARRANT OR ENDORSE AND DOES NOT ASSUME AND WILL NOT HAVE ANY LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PERSON FOR LOSS OR DAMAGES RESULTING FROM YOUR RELIANCE ON THE ACCURACY, COMPLETENESS, USEFULNESS OR RELIABILITY OF ANY THIRD PARTY INFORMATION OR CONTENT POSTED ON THE SERVICES.
8. ASSUMPTION OF RISK; RELEASE
8. ASSUMPTION OF RISK; RELEASE
YOU KNOWINGLY AND FREELY ASSUME ALL RISK WHEN USING THE SERVICES. YOU, ON BEHALF OF YOURSELF, YOUR PERSONAL REPRESENTATIVES AND YOUR HEIRS, HEREBY VOLUNTARILY AGREE TO RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS, DEFEND AND INDEMNIFY Pixster Studio LLP AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, REPRESENTATIVES, SUBLICENSEES, SUCCESSORS, AND ASSIGNS FROM ANY AND ALL CLAIMS, ACTIONS OR LOSSES FOR PROPERTY DAMAGE, LOSS OF SERVICES OR OTHER DAMAGES OR HARM, WHETHER TO YOU OR THIRD PARTIES, WHICH MAY RESULT FROM YOUR USE OF THE SERVICES, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
YOU KNOWINGLY AND FREELY ASSUME ALL RISK WHEN USING THE SERVICES. YOU, ON BEHALF OF YOURSELF, YOUR PERSONAL REPRESENTATIVES AND YOUR HEIRS, HEREBY VOLUNTARILY AGREE TO RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS, DEFEND AND INDEMNIFY Pixster Studio LLP AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, REPRESENTATIVES, SUBLICENSEES, SUCCESSORS, AND ASSIGNS FROM ANY AND ALL CLAIMS, ACTIONS OR LOSSES FOR PROPERTY DAMAGE, LOSS OF SERVICES OR OTHER DAMAGES OR HARM, WHETHER TO YOU OR THIRD PARTIES, WHICH MAY RESULT FROM YOUR USE OF THE SERVICES, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
9. USER INFORMATION; ACCOUNT SECURITY
9. USER INFORMATION; ACCOUNT SECURITY
In connection with Your use of the Services, You may be required to sign in using Google Sign-In or provide certain information (for example, when applying to our influencer program). You represent and warrant that all user information You provide will be current, complete and accurate, and that You will update that information as necessary to maintain its completeness and accuracy. For additional information about how we handle Your information, please refer to Pixster Studio LLP's Privacy Policy.
You are entirely responsible for maintaining the confidentiality of Your account credentials. You may not use the account of any other person at any time. You agree to notify Pixster Studio LLP immediately of any unauthorized use of Your account. Pixster Studio LLP shall not be liable for any loss that You incur as a result of someone else using Your account, either with or without Your knowledge, except to the extent such loss results from our failure to take reasonable security measures.
In connection with Your use of the Services, You may be required to sign in using Google Sign-In or provide certain information (for example, when applying to our influencer program). You represent and warrant that all user information You provide will be current, complete and accurate, and that You will update that information as necessary to maintain its completeness and accuracy. For additional information about how we handle Your information, please refer to Pixster Studio LLP's Privacy Policy.
You are entirely responsible for maintaining the confidentiality of Your account credentials. You may not use the account of any other person at any time. You agree to notify Pixster Studio LLP immediately of any unauthorized use of Your account. Pixster Studio LLP shall not be liable for any loss that You incur as a result of someone else using Your account, either with or without Your knowledge, except to the extent such loss results from our failure to take reasonable security measures.
10. CONSENT TO RECEIVE EMAIL
10. CONSENT TO RECEIVE EMAIL
With Your separate, affirmative consent (where required by applicable law, including for users in the EEA, United Kingdom, and Switzerland), You may receive email communications from Pixster Studio LLP regarding the Services, new product offers and other promotions. You can opt out of receiving these email communications at any time by following the unsubscribe instructions contained within the email or by contacting us at feedback@pixsterstudio.com. Withdrawing consent will not affect the lawfulness of any processing carried out prior to withdrawal.
With Your separate, affirmative consent (where required by applicable law, including for users in the EEA, United Kingdom, and Switzerland), You may receive email communications from Pixster Studio LLP regarding the Services, new product offers and other promotions. You can opt out of receiving these email communications at any time by following the unsubscribe instructions contained within the email or by contacting us at feedback@pixsterstudio.com. Withdrawing consent will not affect the lawfulness of any processing carried out prior to withdrawal.
11. USER CONTENT
11. USER CONTENT
"User Content" means any content, materials, or information — including without limitation videos, images, captions, and other media — that You upload, post, transmit, display, perform, or distribute by means of the Website or Applications, whether in connection with Your use of Services or otherwise. You retain full ownership of all Your User Content.
You grant Pixster Studio LLP a limited, worldwide, royalty-free, non-exclusive license to host, store, reproduce, and process User Content solely for the purpose of providing and improving the Services to You. This license terminates when You delete Your User Content from the Services or when You delete Your account, except where: (i) we are required to retain certain information to comply with legal obligations; or (ii) anonymized or aggregated derivatives of such content have been incorporated into the Services and cannot reasonably be removed.
If You submit information through our influencer program, You grant Pixster Studio LLP permission to use the submitted social media handles and related public information for evaluation and, if Your application is accepted, for the promotional activities described to You at the time of submission. You may withdraw this permission at any time by contacting us.
You hereby represent and warrant that You own all rights, title and interest in and to User Content or are otherwise authorized to grant the rights provided to Pixster Studio LLP under this section.
"User Content" means any content, materials, or information — including without limitation videos, images, captions, and other media — that You upload, post, transmit, display, perform, or distribute by means of the Website or Applications, whether in connection with Your use of Services or otherwise. You retain full ownership of all Your User Content.
You grant Pixster Studio LLP a limited, worldwide, royalty-free, non-exclusive license to host, store, reproduce, and process User Content solely for the purpose of providing and improving the Services to You. This license terminates when You delete Your User Content from the Services or when You delete Your account, except where: (i) we are required to retain certain information to comply with legal obligations; or (ii) anonymized or aggregated derivatives of such content have been incorporated into the Services and cannot reasonably be removed.
If You submit information through our influencer program, You grant Pixster Studio LLP permission to use the submitted social media handles and related public information for evaluation and, if Your application is accepted, for the promotional activities described to You at the time of submission. You may withdraw this permission at any time by contacting us.
You hereby represent and warrant that You own all rights, title and interest in and to User Content or are otherwise authorized to grant the rights provided to Pixster Studio LLP under this section.
12. OBJECTIONABLE CONTENT
12. OBJECTIONABLE CONTENT
You represent and warrant that you shall not use the Services to upload, post, transmit, display, perform or distribute any content, information or materials that:
(a) are libelous, defamatory, abusive, or threatening, excessively violent, harassing, obscene, lewd, lascivious, filthy, or pornographic;
(b) constitute child sexual abuse material or otherwise sexualize minors;
(c) solicit personal information from minors;
(d) incite, encourage or threaten physical harm against another;
(e) promote or glorify racial intolerance, use hate and/or racist terms, or signify hate towards any person or group of people;
(f) glamorize the use of hard core illegal substances and drugs;
(g) advertise or otherwise solicit funds or constitute a solicitation for goods or services without our prior consent;
(h) violate any provision of this EULA or any other Pixster Studio LLP agreement, guidelines or policy; or
(i) is generally offensive or in bad taste, as determined by Pixster Studio LLP (collectively, "Objectionable Content").
Pixster Studio LLP disclaims any perceived, implied or actual duty to monitor the contents of the Services and specifically disclaims any responsibility or liability for information provided hereon. Without limiting any of its other remedies, Pixster Studio LLP reserves the right to terminate Your use of the Services or Your uploading, posting, transmission, display, performance or distribution of Objectionable Content. Pixster Studio LLP, in its sole discretion, may delete any Objectionable Content from its servers. Pixster Studio LLP intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of this EULA or of any applicable laws.
You represent and warrant that you shall not use the Services to upload, post, transmit, display, perform or distribute any content, information or materials that:
(a) are libelous, defamatory, abusive, or threatening, excessively violent, harassing, obscene, lewd, lascivious, filthy, or pornographic;
(b) constitute child sexual abuse material or otherwise sexualize minors;
(c) solicit personal information from minors;
(d) incite, encourage or threaten physical harm against another;
(e) promote or glorify racial intolerance, use hate and/or racist terms, or signify hate towards any person or group of people;
(f) glamorize the use of hard core illegal substances and drugs;
(g) advertise or otherwise solicit funds or constitute a solicitation for goods or services without our prior consent;
(h) violate any provision of this EULA or any other Pixster Studio LLP agreement, guidelines or policy; or
(i) is generally offensive or in bad taste, as determined by Pixster Studio LLP (collectively, "Objectionable Content").
Pixster Studio LLP disclaims any perceived, implied or actual duty to monitor the contents of the Services and specifically disclaims any responsibility or liability for information provided hereon. Without limiting any of its other remedies, Pixster Studio LLP reserves the right to terminate Your use of the Services or Your uploading, posting, transmission, display, performance or distribution of Objectionable Content. Pixster Studio LLP, in its sole discretion, may delete any Objectionable Content from its servers. Pixster Studio LLP intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of this EULA or of any applicable laws.
13. PROHIBITED USES
13. PROHIBITED USES
Pixster Studio LLP imposes certain restrictions on Your use of the Services. You represent and warrant that you will not:
(a) stalk or otherwise harass any person, or contact any person who has requested not to be contacted;
(b) provide false, misleading or inaccurate information to Pixster Studio LLP;
(c) impersonate, or otherwise misrepresent affiliation, connection or association with, any person or entity;
(d) harvest or otherwise collect information about Pixster Studio LLP users, including email addresses and phone numbers;
(e) use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to harvest or otherwise collect information from the Website for any use, including without limitation use on third-party websites;
(f) access content or data not intended for You, or log onto a server or account that You are not authorized to access;
(g) attempt to probe, scan, or test the vulnerability of the Services, the Website, or any associated system or network, or breach any security or authentication measures without appropriate authorization;
(h) interfere or attempt to interfere with the use of the Website or Services by any other user, host or network, including, without limitation by means of submitting a virus, overloading, flooding, spamming, mail bombing, or crashing;
(i) use the Website or Services to send unsolicited e-mail, including without limitation promotions or advertisements for products or services;
(j) forge any TCP/IP packet header or any part of the header information in any e-mail or in any uploading or posting to, or transmission, display, performance or distribution by means of, the Website or Services; or
(k) attempt to modify, reverse-engineer, decompile, disassemble or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Pixster Studio LLP in providing the Website or Services. Any violation of this section may subject You to civil and/or criminal liability.
Pixster Studio LLP imposes certain restrictions on Your use of the Services. You represent and warrant that you will not:
(a) stalk or otherwise harass any person, or contact any person who has requested not to be contacted;
(b) provide false, misleading or inaccurate information to Pixster Studio LLP;
(c) impersonate, or otherwise misrepresent affiliation, connection or association with, any person or entity;
(d) harvest or otherwise collect information about Pixster Studio LLP users, including email addresses and phone numbers;
(e) use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to harvest or otherwise collect information from the Website for any use, including without limitation use on third-party websites;
(f) access content or data not intended for You, or log onto a server or account that You are not authorized to access;
(g) attempt to probe, scan, or test the vulnerability of the Services, the Website, or any associated system or network, or breach any security or authentication measures without appropriate authorization;
(h) interfere or attempt to interfere with the use of the Website or Services by any other user, host or network, including, without limitation by means of submitting a virus, overloading, flooding, spamming, mail bombing, or crashing;
(i) use the Website or Services to send unsolicited e-mail, including without limitation promotions or advertisements for products or services;
(j) forge any TCP/IP packet header or any part of the header information in any e-mail or in any uploading or posting to, or transmission, display, performance or distribution by means of, the Website or Services; or
(k) attempt to modify, reverse-engineer, decompile, disassemble or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Pixster Studio LLP in providing the Website or Services. Any violation of this section may subject You to civil and/or criminal liability.
14. INTELLECTUAL PROPERTY RIGHTS
14. INTELLECTUAL PROPERTY RIGHTS
a. Software
You acknowledge and agree that the Services and all copyrights, patents, trademarks, trade secrets and other intellectual property rights associated therewith are, and shall remain, the property of Pixster Studio LLP. Furthermore, You acknowledge and agree that the source and object code of the Services and the format, directories, queries, algorithms, structure and organization of the Services are the intellectual property and proprietary and confidential information of Pixster Studio LLP and its affiliates, licensors and suppliers. Except as expressly stated in this EULA, You are not granted any intellectual property rights in or to the Services by implication, estoppel or other legal theory, and all rights in and to the Services not expressly granted in this EULA are hereby reserved and retained by Pixster Studio LLP.
b. Third Party Software
The Services may utilize or include third party software that is subject to open source and third party license terms ("Third Party Software"). You acknowledge and agree that Your right to use such Third Party Software as part of the Services is subject to and governed by the terms and conditions of the open source or third party license applicable to such Third Party Software, including, without limitation, any applicable acknowledgements, license terms and disclaimers contained therein. In the event of a conflict between the terms of this EULA and the terms of such open source or third party licenses, the terms of the open source or third party licenses shall control with regard to Your use of relevant Third Party Software.
c. Trademarks
Trademarks, service marks, graphics, logos and domain names appearing on the Services may be the trademarks of third parties. Neither Your use of the Services nor this EULA grants You any right, title or interest in or to, or any license to reproduce or otherwise use, the Pixster Studio LLP marks or any third-party trademarks, service marks, graphics, logos or domain names. You agree that any goodwill in the Pixster Studio LLP marks generated as a result of Your use of the Services will inure to the benefit of Pixster Studio LLP, and You agree to assign, and hereby do assign, all such goodwill to Pixster Studio LLP.
d. Pixster Studio LLP Copyrights
All content and other materials available through the Applications, including without limitation any software code, scripts, interfaces, graphics, displays, text, documentation and other components, and the selection, arrangement and organization thereof, are either owned by Pixster Studio LLP or its licensors and suppliers. Except as explicitly provided, neither use of the Services nor this EULA grants You any right, title or interest in or to any such materials. Copyright Pixster Studio LLP. All rights reserved.
a. Software
You acknowledge and agree that the Services and all copyrights, patents, trademarks, trade secrets and other intellectual property rights associated therewith are, and shall remain, the property of Pixster Studio LLP. Furthermore, You acknowledge and agree that the source and object code of the Services and the format, directories, queries, algorithms, structure and organization of the Services are the intellectual property and proprietary and confidential information of Pixster Studio LLP and its affiliates, licensors and suppliers. Except as expressly stated in this EULA, You are not granted any intellectual property rights in or to the Services by implication, estoppel or other legal theory, and all rights in and to the Services not expressly granted in this EULA are hereby reserved and retained by Pixster Studio LLP.
b. Third Party Software
The Services may utilize or include third party software that is subject to open source and third party license terms ("Third Party Software"). You acknowledge and agree that Your right to use such Third Party Software as part of the Services is subject to and governed by the terms and conditions of the open source or third party license applicable to such Third Party Software, including, without limitation, any applicable acknowledgements, license terms and disclaimers contained therein. In the event of a conflict between the terms of this EULA and the terms of such open source or third party licenses, the terms of the open source or third party licenses shall control with regard to Your use of relevant Third Party Software.
c. Trademarks
Trademarks, service marks, graphics, logos and domain names appearing on the Services may be the trademarks of third parties. Neither Your use of the Services nor this EULA grants You any right, title or interest in or to, or any license to reproduce or otherwise use, the Pixster Studio LLP marks or any third-party trademarks, service marks, graphics, logos or domain names. You agree that any goodwill in the Pixster Studio LLP marks generated as a result of Your use of the Services will inure to the benefit of Pixster Studio LLP, and You agree to assign, and hereby do assign, all such goodwill to Pixster Studio LLP.
d. Pixster Studio LLP Copyrights
All content and other materials available through the Applications, including without limitation any software code, scripts, interfaces, graphics, displays, text, documentation and other components, and the selection, arrangement and organization thereof, are either owned by Pixster Studio LLP or its licensors and suppliers. Except as explicitly provided, neither use of the Services nor this EULA grants You any right, title or interest in or to any such materials. Copyright Pixster Studio LLP. All rights reserved.
15. DISCLAIMERS; LIMITATION OF LIABILITY
15. DISCLAIMERS; LIMITATION OF LIABILITY
a. No Warranties
YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND THAT YOUR USE OF OR RELIANCE UPON THE SERVICES AND ANY THIRD PARTY CONTENT AND SERVICES ACCESSED THEREBY IS AT YOUR SOLE RISK. Pixster Studio LLP AND ITS THIRD-PARTY SERVICE PROVIDERS, AFFILIATES, PARTNERS, SUPPLIERS AND LICENSORS HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND GUARANTIES REGARDING THE SERVICES AND THIRD PARTY CONTENT AND SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
b. Your Responsibility for Loss or Damage; Backup of Data
You agree that Your use of the Website, Applications and Services is at Your sole risk. You will not hold Pixster Studio LLP or its third-party service providers, licensors and suppliers, as applicable, responsible for any loss or damage that results from Your access to or use of the Services, including without limitation any loss or damage to any of Your computers or data, to the maximum extent permitted by applicable law. The Website, Applications and Services may contain bugs, errors, problems or other limitations. You hereby acknowledge that a catastrophic server failure or other event could result in the loss of Your data on our servers (where applicable). You agree and understand that it is Your responsibility to back up Your data to Your personal computer or external storage device and to ensure such backups are secure.
c. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL Pixster Studio LLP OR ITS AFFILIATES, PARTNERS, SUPPLIERS, THIRD-PARTY SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES AND ANY THIRD PARTY CONTENT AND SERVICES, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT Pixster Studio LLP WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Pixster Studio LLP'S AGGREGATE LIABILITY TO YOU (WHETHER UNDER CONTRACT, TORT, STATUTE OR OTHERWISE) SHALL NOT EXCEED THE GREATER OF (i) THE AMOUNTS PAID BY YOU TO Pixster Studio LLP IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (ii) FIFTY DOLLARS ($50 USD).
d. Application
Nothing in this EULA shall exclude or limit any liability that cannot be excluded or limited under applicable law, including liability for fraud, gross negligence, willful misconduct, death or personal injury caused by negligence, or any non-waivable consumer rights. Some jurisdictions may not allow the exclusion of certain implied warranties or the limitation of certain damages, so some of the above disclaimers, waivers and limitations of liability may not apply to You.
a. No Warranties
YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND THAT YOUR USE OF OR RELIANCE UPON THE SERVICES AND ANY THIRD PARTY CONTENT AND SERVICES ACCESSED THEREBY IS AT YOUR SOLE RISK. Pixster Studio LLP AND ITS THIRD-PARTY SERVICE PROVIDERS, AFFILIATES, PARTNERS, SUPPLIERS AND LICENSORS HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND GUARANTIES REGARDING THE SERVICES AND THIRD PARTY CONTENT AND SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
b. Your Responsibility for Loss or Damage; Backup of Data
You agree that Your use of the Website, Applications and Services is at Your sole risk. You will not hold Pixster Studio LLP or its third-party service providers, licensors and suppliers, as applicable, responsible for any loss or damage that results from Your access to or use of the Services, including without limitation any loss or damage to any of Your computers or data, to the maximum extent permitted by applicable law. The Website, Applications and Services may contain bugs, errors, problems or other limitations. You hereby acknowledge that a catastrophic server failure or other event could result in the loss of Your data on our servers (where applicable). You agree and understand that it is Your responsibility to back up Your data to Your personal computer or external storage device and to ensure such backups are secure.
c. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL Pixster Studio LLP OR ITS AFFILIATES, PARTNERS, SUPPLIERS, THIRD-PARTY SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES AND ANY THIRD PARTY CONTENT AND SERVICES, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT Pixster Studio LLP WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Pixster Studio LLP'S AGGREGATE LIABILITY TO YOU (WHETHER UNDER CONTRACT, TORT, STATUTE OR OTHERWISE) SHALL NOT EXCEED THE GREATER OF (i) THE AMOUNTS PAID BY YOU TO Pixster Studio LLP IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (ii) FIFTY DOLLARS ($50 USD).
d. Application
Nothing in this EULA shall exclude or limit any liability that cannot be excluded or limited under applicable law, including liability for fraud, gross negligence, willful misconduct, death or personal injury caused by negligence, or any non-waivable consumer rights. Some jurisdictions may not allow the exclusion of certain implied warranties or the limitation of certain damages, so some of the above disclaimers, waivers and limitations of liability may not apply to You.
16. GENERAL REPRESENTATION AND WARRANTY
16. GENERAL REPRESENTATION AND WARRANTY
You represent and warrant that Your use of the Services will be in accordance with this EULA and any other Pixster Studio LLP policies, and with any applicable laws or regulations.
You represent and warrant that Your use of the Services will be in accordance with this EULA and any other Pixster Studio LLP policies, and with any applicable laws or regulations.
17. INDEMNIFICATION
17. INDEMNIFICATION
To the extent permitted by applicable law, You shall indemnify, defend and hold harmless Pixster Studio LLP and its affiliates, partners, suppliers and licensors, and each of their respective officers, directors, agents and employees (the "Indemnified Parties") from and against any claim, proceeding, loss, damage, fine, penalty, interest and expense (including, without limitation, fees for attorneys and other professional advisors) arising out of or in connection with the following: (i) Your access to or use of the Services or Third Party Content and Services; (ii) Your breach of this EULA; (iii) Your violation of law; (iv) Your negligence or willful misconduct; or (v) Your violation of the rights of a third party, including the infringement by You of any intellectual property or misappropriation of any proprietary right or trade secret of any person or entity. These obligations will survive any termination of the EULA.
To the extent permitted by applicable law, You shall indemnify, defend and hold harmless Pixster Studio LLP and its affiliates, partners, suppliers and licensors, and each of their respective officers, directors, agents and employees (the "Indemnified Parties") from and against any claim, proceeding, loss, damage, fine, penalty, interest and expense (including, without limitation, fees for attorneys and other professional advisors) arising out of or in connection with the following: (i) Your access to or use of the Services or Third Party Content and Services; (ii) Your breach of this EULA; (iii) Your violation of law; (iv) Your negligence or willful misconduct; or (v) Your violation of the rights of a third party, including the infringement by You of any intellectual property or misappropriation of any proprietary right or trade secret of any person or entity. These obligations will survive any termination of the EULA.
18. GOVERNING LAW; JURISDICTION AND VENUE
18. GOVERNING LAW; JURISDICTION AND VENUE
This Agreement, including without limitation this EULA's interpretation, shall be governed by and construed in accordance with the laws of the State of Gujarat, India, without regard to its conflict of law principles. Any cause of action by You arising out of or relating to the Services, or this Agreement, must be instituted within the period prescribed by applicable law. Nothing in this Agreement shall affect any mandatory consumer protection rights You may have under the laws of Your country of residence.
This Agreement, including without limitation this EULA's interpretation, shall be governed by and construed in accordance with the laws of the State of Gujarat, India, without regard to its conflict of law principles. Any cause of action by You arising out of or relating to the Services, or this Agreement, must be instituted within the period prescribed by applicable law. Nothing in this Agreement shall affect any mandatory consumer protection rights You may have under the laws of Your country of residence.
19. TERMINATION
19. TERMINATION
Either party may terminate this EULA and its rights hereunder at any time, for any or no reason at all, by providing to the other party notice of its intention to do so. This EULA will terminate automatically if You fail to comply with its terms and conditions. In such event, you must destroy all copies of the Software and all of its component parts and cease and desist from accessing any Pixster Studio LLP Services. Any termination of this EULA automatically terminates all rights and licenses granted to You under this EULA, including all rights to use the Website, Applications and Services.
Either party may terminate this EULA and its rights hereunder at any time, for any or no reason at all, by providing to the other party notice of its intention to do so. This EULA will terminate automatically if You fail to comply with its terms and conditions. In such event, you must destroy all copies of the Software and all of its component parts and cease and desist from accessing any Pixster Studio LLP Services. Any termination of this EULA automatically terminates all rights and licenses granted to You under this EULA, including all rights to use the Website, Applications and Services.
20. NOTICES
20. NOTICES
All notices required or permitted to be given under this Agreement must be in writing. Pixster Studio LLP shall give any notice by email sent to the most recent email address, if any, provided by You to Pixster Studio LLP. You agree that any notice received from Pixster Studio LLP electronically satisfies any legal requirement that such notice be in writing. You bear the sole responsibility of ensuring that Your email address on file with Pixster Studio LLP is accurate and current, and notice to You shall be deemed effective upon the sending by Pixster Studio LLP of an email to that address. You shall give any notice to Pixster Studio LLP by email to: feedback@pixsterstudio.com. Notice to Pixster Studio LLP shall be effective upon receipt.
All notices required or permitted to be given under this Agreement must be in writing. Pixster Studio LLP shall give any notice by email sent to the most recent email address, if any, provided by You to Pixster Studio LLP. You agree that any notice received from Pixster Studio LLP electronically satisfies any legal requirement that such notice be in writing. You bear the sole responsibility of ensuring that Your email address on file with Pixster Studio LLP is accurate and current, and notice to You shall be deemed effective upon the sending by Pixster Studio LLP of an email to that address. You shall give any notice to Pixster Studio LLP by email to: feedback@pixsterstudio.com. Notice to Pixster Studio LLP shall be effective upon receipt.
21. DATA RETENTION
21. DATA RETENTION
Pixster Studio LLP is committed to minimizing the retention of your personal data in connection with your use of the Services. The majority of features within our Applications are processed entirely on your device — data used for locally processed features does not leave your device and is not stored on our servers. Certain features (for example, video processing) require server-side processing; in such cases, data transmitted to our servers is used solely to fulfill the request and is permanently deleted immediately upon completion of processing — it is not stored, logged, or retained. Personal information associated with your account is retained for as long as your account is active or as necessary to provide the Services. For full details, please review our Privacy Policy.
Pixster Studio LLP is committed to minimizing the retention of your personal data in connection with your use of the Services. The majority of features within our Applications are processed entirely on your device — data used for locally processed features does not leave your device and is not stored on our servers. Certain features (for example, video processing) require server-side processing; in such cases, data transmitted to our servers is used solely to fulfill the request and is permanently deleted immediately upon completion of processing — it is not stored, logged, or retained. Personal information associated with your account is retained for as long as your account is active or as necessary to provide the Services. For full details, please review our Privacy Policy.
22. GDPR — ADDITIONAL TERMS FOR EEA USERS
22. GDPR — ADDITIONAL TERMS FOR EEA USERS
If you are located in the European Economic Area (EEA), United Kingdom, or Switzerland, Pixster Studio LLP processes personal data in accordance with the General Data Protection Regulation (GDPR). You have the right to: (i) access your personal data; (ii) request rectification or erasure; (iii) restrict or object to processing; (iv) data portability; and (v) withdraw consent where processing is consent-based. To exercise these rights, contact us at feedback@pixsterstudio.com. You may also lodge a complaint with your local data protection supervisory authority. We process personal data on the legal bases of contract performance, consent, legal obligation, and legitimate interests as further described in our Privacy Policy.
If you are located in the European Economic Area (EEA), United Kingdom, or Switzerland, Pixster Studio LLP processes personal data in accordance with the General Data Protection Regulation (GDPR). You have the right to: (i) access your personal data; (ii) request rectification or erasure; (iii) restrict or object to processing; (iv) data portability; and (v) withdraw consent where processing is consent-based. To exercise these rights, contact us at feedback@pixsterstudio.com. You may also lodge a complaint with your local data protection supervisory authority. We process personal data on the legal bases of contract performance, consent, legal obligation, and legitimate interests as further described in our Privacy Policy.
23. CCPA — ADDITIONAL TERMS FOR CALIFORNIA RESIDENTS
23. CCPA — ADDITIONAL TERMS FOR CALIFORNIA RESIDENTS
If you are a California resident, you have rights under the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA), including the right to: (i) know what personal information we collect, use, and share; (ii) request deletion of your personal information; (iii) correct inaccurate personal information; and (iv) opt out of sale or sharing of personal information. Pixster Studio LLP does not sell personal information. We will not discriminate against you for exercising these rights. To submit a verifiable consumer request, email feedback@pixsterstudio.com with the subject line "California Privacy Request." We will respond within 45 days. You may designate an authorized agent to make a request on your behalf.
If you are a California resident, you have rights under the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA), including the right to: (i) know what personal information we collect, use, and share; (ii) request deletion of your personal information; (iii) correct inaccurate personal information; and (iv) opt out of sale or sharing of personal information. Pixster Studio LLP does not sell personal information. We will not discriminate against you for exercising these rights. To submit a verifiable consumer request, email feedback@pixsterstudio.com with the subject line "California Privacy Request." We will respond within 45 days. You may designate an authorized agent to make a request on your behalf.
24. DPDPA — ADDITIONAL TERMS FOR USERS IN INDIA
24. DPDPA — ADDITIONAL TERMS FOR USERS IN INDIA
If you are located in India, Pixster Studio LLP processes your personal data in accordance with the Digital Personal Data Protection Act, 2023 (DPDPA) and any rules made thereunder. As a Data Principal, you have the right to: (i) access information about the personal data processed and the entities with whom it has been shared; (ii) request correction, completion, updating, or erasure of your personal data; (iii) readily available grievance redressal; (iv) nominate another individual to exercise your rights in the event of your death or incapacity; and (v) withdraw consent at any time where processing is consent-based, with the same ease with which it was given. To exercise these rights or to raise a grievance, contact us at feedback@pixsterstudio.com. If your grievance is not addressed to your satisfaction, you may approach the Data Protection Board of India.
If you are located in India, Pixster Studio LLP processes your personal data in accordance with the Digital Personal Data Protection Act, 2023 (DPDPA) and any rules made thereunder. As a Data Principal, you have the right to: (i) access information about the personal data processed and the entities with whom it has been shared; (ii) request correction, completion, updating, or erasure of your personal data; (iii) readily available grievance redressal; (iv) nominate another individual to exercise your rights in the event of your death or incapacity; and (v) withdraw consent at any time where processing is consent-based, with the same ease with which it was given. To exercise these rights or to raise a grievance, contact us at feedback@pixsterstudio.com. If your grievance is not addressed to your satisfaction, you may approach the Data Protection Board of India.
25. CONTACT US
25. CONTACT US
If you have any questions about this Agreement or the Services, please contact us at: feedback@pixsterstudio.com
If you have any questions about this Agreement or the Services, please contact us at: feedback@pixsterstudio.com