Terms of Use for Fasting App
Terms of Use for Fasting App
Terms of Use for Fasting App
Effective Date: April 2026
Effective Date: April 2026
1. AGREEMENT
1. AGREEMENT
This Terms of Use agreement (the "Agreement") is a legal agreement by and between Pixster Studio LLP (hereinafter, "Pixster Studio LLP"), a limited liability partnership incorporated under the laws of India and operating from India, 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 Agreement and Pixster Studio LLP's Privacy Policy, which is incorporated herein by reference and made part of this Agreement. IF YOU DO NOT UNDERSTAND THIS AGREEMENT, OR DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MAY NOT USE THE SERVICES.
This Terms of Use agreement (the "Agreement") is a legal agreement by and between Pixster Studio LLP (hereinafter, "Pixster Studio LLP"), a limited liability partnership incorporated under the laws of India and operating from India, 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 Agreement and Pixster Studio LLP's Privacy Policy, which is incorporated herein by reference and made part of this Agreement. IF YOU DO NOT UNDERSTAND THIS AGREEMENT, OR DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, 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 now is subject to the Privacy Policy in effect at the time such information is used. The Privacy Policy is available within the App and at https://pixsterstudio.com, and forms an integral part of this Agreement.
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 now is subject to the Privacy Policy in effect at the time such information is used. The Privacy Policy is available within the App and at https://pixsterstudio.com, and forms an integral part of this Agreement.
3. CHANGES TO AGREEMENT
3. CHANGES TO AGREEMENT
PIXSTER STUDIO LLP MAY CHANGE THIS AGREEMENT AT ANY TIME UPON NOTICE TO YOU BY POSTING A NEW VERSION ON THE SERVICES. YOU ARE RESPONSIBLE FOR PERIODICALLY REVIEWING THIS AGREEMENT TO ENSURE THAT YOU ARE FAMILIAR WITH THE MOST RECENT VERSION. Your use of the Services after we post any changes to this Agreement constitutes Your agreement to those changes.
PIXSTER STUDIO LLP MAY CHANGE THIS AGREEMENT AT ANY TIME UPON NOTICE TO YOU BY POSTING A NEW VERSION ON THE SERVICES. YOU ARE RESPONSIBLE FOR PERIODICALLY REVIEWING THIS AGREEMENT TO ENSURE THAT YOU ARE FAMILIAR WITH THE MOST RECENT VERSION. Your use of the Services after we post any changes to this Agreement constitutes Your agreement to those changes.
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 AGREEMENT 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 AGREEMENT.
BY USING THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD. IF YOU ARE ACCEPTING THIS AGREEMENT 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 AGREEMENT.
5. LICENSE
5. LICENSE
Subject to Your compliance with this Agreement, 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 Agreement 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 Agreement 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 those 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 Agreement;
(f) the App Provider, and its subsidiaries, are third party beneficiaries of this Agreement as it relates to your license of the Applications, and that, upon your acceptance of the terms and conditions of this Agreement, the App Provider will have the right (and will be deemed to have accepted the right) to enforce this Agreement 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.
With respect to Applications accessed through the Apple App Store, You further acknowledge and agree that:
(h) the license granted to You for the Application is limited to a non-transferable license to use the Application on any Apple-branded products that You own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the Application may be accessed and used by other accounts associated with You via Family Sharing or volume purchasing;
(i) Pixster Studio LLP is solely responsible for providing any maintenance and support services with respect to the Application, as specified in this Agreement, and Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
(j) Pixster Studio LLP, not Apple, is responsible for addressing any claims by You or any third party relating to the Application or Your possession and/or use of that Application, including but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the Application's use of the HealthKit framework or other device frameworks; and
(k) Apple, and Apple's subsidiaries, are third-party beneficiaries of this Agreement, and upon Your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against You as a third-party beneficiary thereof.
Subject to Your compliance with this Agreement, 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 Agreement 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 Agreement 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 those 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 Agreement;
(f) the App Provider, and its subsidiaries, are third party beneficiaries of this Agreement as it relates to your license of the Applications, and that, upon your acceptance of the terms and conditions of this Agreement, the App Provider will have the right (and will be deemed to have accepted the right) to enforce this Agreement 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.
With respect to Applications accessed through the Apple App Store, You further acknowledge and agree that:
(h) the license granted to You for the Application is limited to a non-transferable license to use the Application on any Apple-branded products that You own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the Application may be accessed and used by other accounts associated with You via Family Sharing or volume purchasing;
(i) Pixster Studio LLP is solely responsible for providing any maintenance and support services with respect to the Application, as specified in this Agreement, and Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
(j) Pixster Studio LLP, not Apple, is responsible for addressing any claims by You or any third party relating to the Application or Your possession and/or use of that Application, including but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the Application's use of the HealthKit framework or other device frameworks; and
(k) Apple, and Apple's subsidiaries, are third-party beneficiaries of this Agreement, and upon Your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against You as a third-party beneficiary thereof.
6. IN-APP PURCHASES AND SUBSCRIPTIONS
6. IN-APP PURCHASES AND SUBSCRIPTIONS
Pixster Studio LLP offers optional in-app purchases and subscription plans through the Services that unlock premium features within the App (collectively, "Premium Features"). All billing and payment transactions for Premium Features are processed exclusively by the applicable platform provider — Apple Inc. (via the Apple App Store) or Google LLC (via Google Play) — in accordance with their respective payment terms and policies. You are subject to the applicable platform provider's terms of service with respect to all purchases.
Pixster Studio LLP does not collect, store, process, or have access to your payment card details, financial account information, or any other payment credentials. All such information is handled solely by the platform provider. Subscription plans automatically renew unless cancelled prior to the end of the then-current subscription period in accordance with the terms of the applicable platform provider. You may manage or cancel your subscription at any time through your Apple App Store or Google Play account settings.
AUTO-RENEWAL NOTICE: If You purchase a subscription, payment will be charged to your Apple ID or Google Play account at confirmation of purchase. Your subscription will automatically renew at the end of each subscription period at the same price unless auto-renewal is turned off at least 24 hours before the end of the current period. Your account will be charged for renewal within 24 hours prior to the end of the current period. You can manage and cancel your subscription at any time by going to your account settings in the App Store or Google Play after purchase. Cancellation takes effect at the end of the current billing period; you will retain access to premium features until that date. No partial refunds are provided for unused portions of a subscription period, except as required by applicable law or the applicable platform provider's refund policy. Any unused portion of a free trial period will be forfeited when You purchase a subscription.
SUBJECT TO MANDATORY LEGISLATION AND PLATFORM PROVIDER REFUND POLICIES, ALL PURCHASES ARE FINAL AND NON-REFUNDABLE, EXCEPT AS REQUIRED BY APPLICABLE LAW OR AS PROVIDED UNDER THE APPLICABLE PLATFORM PROVIDER'S REFUND POLICY. Any questions regarding billing, charges, or refunds should be directed to the applicable platform provider through their designated support channels.
Pixster Studio LLP offers optional in-app purchases and subscription plans through the Services that unlock premium features within the App (collectively, "Premium Features"). All billing and payment transactions for Premium Features are processed exclusively by the applicable platform provider — Apple Inc. (via the Apple App Store) or Google LLC (via Google Play) — in accordance with their respective payment terms and policies. You are subject to the applicable platform provider's terms of service with respect to all purchases.
Pixster Studio LLP does not collect, store, process, or have access to your payment card details, financial account information, or any other payment credentials. All such information is handled solely by the platform provider. Subscription plans automatically renew unless cancelled prior to the end of the then-current subscription period in accordance with the terms of the applicable platform provider. You may manage or cancel your subscription at any time through your Apple App Store or Google Play account settings.
AUTO-RENEWAL NOTICE: If You purchase a subscription, payment will be charged to your Apple ID or Google Play account at confirmation of purchase. Your subscription will automatically renew at the end of each subscription period at the same price unless auto-renewal is turned off at least 24 hours before the end of the current period. Your account will be charged for renewal within 24 hours prior to the end of the current period. You can manage and cancel your subscription at any time by going to your account settings in the App Store or Google Play after purchase. Cancellation takes effect at the end of the current billing period; you will retain access to premium features until that date. No partial refunds are provided for unused portions of a subscription period, except as required by applicable law or the applicable platform provider's refund policy. Any unused portion of a free trial period will be forfeited when You purchase a subscription.
SUBJECT TO MANDATORY LEGISLATION AND PLATFORM PROVIDER REFUND POLICIES, ALL PURCHASES ARE FINAL AND NON-REFUNDABLE, EXCEPT AS REQUIRED BY APPLICABLE LAW OR AS PROVIDED UNDER THE APPLICABLE PLATFORM PROVIDER'S REFUND POLICY. Any questions regarding billing, charges, or refunds should be directed to the applicable platform provider through their designated support channels.
7. THE SERVICES DO NOT PROVIDE PROFESSIONAL MEDICAL ADVICE
7. THE SERVICES DO NOT PROVIDE PROFESSIONAL MEDICAL ADVICE
Pixster Studio LLP provides the Services for educational and personal health-tracking purposes only. This app does not provide medical advice, diagnosis, or treatment. Pixster Studio LLP is not a medical organization and cannot give you medical advice or diagnosis. The information made available through the Services — including fasting timers, activity data, hydration reminders, and health insights — should not be interpreted as a substitute for physician consultation, evaluation, or treatment. If you have questions or concerns about individual health matters, You should seek the advice and services of a qualified medical and/or healthcare professional. YOUR USE OF THE SERVICES DOES NOT ESTABLISH A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND PIXSTER STUDIO LLP. YOU HEREBY AGREE THAT, BEFORE USING THE SERVICES, YOU WILL CONSULT YOUR DOCTOR REGARDING ANY MEDICAL PROBLEMS YOU MAY BE AT RISK FOR RESULTING FROM EXERCISE, CHANGES IN YOUR DIET, OR ADOPTION OF AN INTERMITTENT FASTING REGIMEN.
Pixster Studio LLP provides the Services for educational and personal health-tracking purposes only. This app does not provide medical advice, diagnosis, or treatment. Pixster Studio LLP is not a medical organization and cannot give you medical advice or diagnosis. The information made available through the Services — including fasting timers, activity data, hydration reminders, and health insights — should not be interpreted as a substitute for physician consultation, evaluation, or treatment. If you have questions or concerns about individual health matters, You should seek the advice and services of a qualified medical and/or healthcare professional. YOUR USE OF THE SERVICES DOES NOT ESTABLISH A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND PIXSTER STUDIO LLP. YOU HEREBY AGREE THAT, BEFORE USING THE SERVICES, YOU WILL CONSULT YOUR DOCTOR REGARDING ANY MEDICAL PROBLEMS YOU MAY BE AT RISK FOR RESULTING FROM EXERCISE, CHANGES IN YOUR DIET, OR ADOPTION OF AN INTERMITTENT FASTING REGIMEN.
8. NUTRITION DATABASE AND FOOD INFORMATION
8. NUTRITION DATABASE AND FOOD INFORMATION
Pixster Studio LLP's food database ("Nutrition Database") is comprised of nutritional information entered directly by Pixster Studio LLP, nutritional information provided by third party services, and nutritional information entered by Pixster Studio LLP members. Any Pixster Studio LLP member has the ability to enter nutritional information, as well as modify existing nutritional information. Pixster Studio LLP is not responsible for any incorrect, inaccurate, or unreliable information provided by the Nutrition Database. You are solely responsible for making sure any food nutrition information in the Nutrition Database is accurate, correct, and complete. You may not copy, duplicate, distribute, display, sell, translate, publish, transmit or modify any information in the Nutrition Database for commercial purposes without the express written consent of Pixster Studio LLP.
Pixster Studio LLP's food database ("Nutrition Database") is comprised of nutritional information entered directly by Pixster Studio LLP, nutritional information provided by third party services, and nutritional information entered by Pixster Studio LLP members. Any Pixster Studio LLP member has the ability to enter nutritional information, as well as modify existing nutritional information. Pixster Studio LLP is not responsible for any incorrect, inaccurate, or unreliable information provided by the Nutrition Database. You are solely responsible for making sure any food nutrition information in the Nutrition Database is accurate, correct, and complete. You may not copy, duplicate, distribute, display, sell, translate, publish, transmit or modify any information in the Nutrition Database for commercial purposes without the express written consent of Pixster Studio LLP.
9. ACCURACY OF THIRD PARTY INFORMATION
9. 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, including, without limitation, food, nutrition, and exercise-related data made available by means of the Services by third parties; such information represents the views of its 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, including, without limitation, food, nutrition, and exercise-related data made available by means of the Services by third parties; such information represents the views of its 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.
10. ASSUMPTION OF RISK; RELEASE
10. 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 BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF SERVICES OR OTHER DAMAGES OR HARM, WHETHER TO YOU OR TO THIRD PARTIES, WHICH MAY RESULT FROM YOUR USE OF THE SERVICES.
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 BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF SERVICES OR OTHER DAMAGES OR HARM, WHETHER TO YOU OR TO THIRD PARTIES, WHICH MAY RESULT FROM YOUR USE OF THE SERVICES.
11. USER INFORMATION; PASSWORD PROTECTION
11. USER INFORMATION; PASSWORD PROTECTION
Certain features of the Services may allow optional account creation or profile setup. If such features are used, You may be required to complete a registration form. You represent and warrant that all user information You provide on the registration form or otherwise in connection with Your use of the Website and Services will be current, complete and accurate, and that You will update that information as necessary to maintain its completeness and accuracy by visiting your personal profile. For additional information, see Pixster Studio LLP's Privacy Policy.
You may also be asked to provide a user name and password in connection with Your use of certain of the Services. You are entirely responsible for maintaining the confidentiality of Your password. You may not use the account, user name, or password of any other member at any time. You agree to notify Pixster Studio LLP immediately of any unauthorized use of Your account, user name, or password. Pixster Studio LLP shall not be liable for any loss that You incur as a result of someone else using Your password, either with or without Your knowledge. You may be held liable for any losses incurred by Pixster Studio LLP, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else's use of Your account or password.
Account and Data Deletion: If You have created an account or profile within the Services, You have the right to request deletion of Your account and associated personal data at any time. To submit a deletion request, You may use the in-App deletion option where available, or contact us at feedback@pixsterstudio.com Upon a valid deletion request, we will delete or anonymize Your personal information within a reasonable timeframe, except where retention is required by applicable law. Note that deleting Your account will result in loss of access to premium features, fasting history, and other data associated with Your account, and this action cannot be reversed.
Certain features of the Services may allow optional account creation or profile setup. If such features are used, You may be required to complete a registration form. You represent and warrant that all user information You provide on the registration form or otherwise in connection with Your use of the Website and Services will be current, complete and accurate, and that You will update that information as necessary to maintain its completeness and accuracy by visiting your personal profile. For additional information, see Pixster Studio LLP's Privacy Policy.
You may also be asked to provide a user name and password in connection with Your use of certain of the Services. You are entirely responsible for maintaining the confidentiality of Your password. You may not use the account, user name, or password of any other member at any time. You agree to notify Pixster Studio LLP immediately of any unauthorized use of Your account, user name, or password. Pixster Studio LLP shall not be liable for any loss that You incur as a result of someone else using Your password, either with or without Your knowledge. You may be held liable for any losses incurred by Pixster Studio LLP, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else's use of Your account or password.
Account and Data Deletion: If You have created an account or profile within the Services, You have the right to request deletion of Your account and associated personal data at any time. To submit a deletion request, You may use the in-App deletion option where available, or contact us at feedback@pixsterstudio.com Upon a valid deletion request, we will delete or anonymize Your personal information within a reasonable timeframe, except where retention is required by applicable law. Note that deleting Your account will result in loss of access to premium features, fasting history, and other data associated with Your account, and this action cannot be reversed.
12. YOUR INTERACTIONS WITH OTHER MEMBERS (BUDDY FEATURE)
12. YOUR INTERACTIONS WITH OTHER MEMBERS (BUDDY FEATURE)
The App includes a Buddy Feature that allows you to connect with friends to share fasting goals and motivate one another. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT PIXSTER STUDIO LLP DOES NOT CONDUCT BACKGROUND CHECKS ON ITS MEMBERS. PIXSTER STUDIO LLP MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE MEMBERS. IN NO EVENT SHALL PIXSTER STUDIO LLP BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR CONNECTIONS WITH OTHER REGISTERED USERS OF THE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER MEMBERS OF THE SERVICES. YOU KNOWINGLY AND FREELY ASSUME ALL RISK WHEN USING THE WEBSITE, APPLICATIONS AND SERVICES.
The App includes a Buddy Feature that allows you to connect with friends to share fasting goals and motivate one another. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT PIXSTER STUDIO LLP DOES NOT CONDUCT BACKGROUND CHECKS ON ITS MEMBERS. PIXSTER STUDIO LLP MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE MEMBERS. IN NO EVENT SHALL PIXSTER STUDIO LLP BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR CONNECTIONS WITH OTHER REGISTERED USERS OF THE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER MEMBERS OF THE SERVICES. YOU KNOWINGLY AND FREELY ASSUME ALL RISK WHEN USING THE WEBSITE, APPLICATIONS AND SERVICES.
13. MEMBER DISPUTES
13. MEMBER DISPUTES
Pixster Studio LLP reserves the right, but disclaims any perceived, implied or actual duty, to monitor disputes between App members, including those arising from use of the Buddy Feature. You agree to hold Pixster Studio LLP harmless in connection with any dispute or claim You make against any other member.
Pixster Studio LLP reserves the right, but disclaims any perceived, implied or actual duty, to monitor disputes between App members, including those arising from use of the Buddy Feature. You agree to hold Pixster Studio LLP harmless in connection with any dispute or claim You make against any other member.
14. THIRD-PARTY WEBSITES AND SERVICES
14. THIRD-PARTY WEBSITES AND SERVICES
The Services offered through the Website and/or Applications are provided, in whole or in part, by third parties ("Third-Party Services"), some of whom may have established relationships with Pixster Studio LLP and some of whom may not. Pixster Studio LLP does not have control over the content and performance of Third-Party Services. PIXSTER STUDIO LLP HAS NOT REVIEWED, AND CANNOT REVIEW OR CONTROL, ALL OF THE MATERIAL, INCLUDING COMPUTER SOFTWARE OR OTHER GOODS OR SERVICES, MADE AVAILABLE ON OR THROUGH THIRD-PARTY SERVICES. ACCORDINGLY, PIXSTER STUDIO LLP DOES NOT REPRESENT, WARRANT OR ENDORSE ANY THIRD-PARTY WEBSITE, OR THE ACCURACY, CURRENCY, CONTENT, FITNESS, LAWFULNESS OR QUALITY OF THE INFORMATION MATERIAL, GOODS OR SERVICES AVAILABLE THROUGH THIRD-PARTY SERVICES. PIXSTER STUDIO LLP DISCLAIMS, AND YOU AGREE TO ASSUME, ALL RESPONSIBILITY AND LIABILITY FOR ANY DAMAGES OR OTHER HARM, WHETHER TO YOU OR TO THIRD PARTIES, RESULTING FROM YOUR USE OF THIRD-PARTY SERVICES.
The Services offered through the Website and/or Applications are provided, in whole or in part, by third parties ("Third-Party Services"), some of whom may have established relationships with Pixster Studio LLP and some of whom may not. Pixster Studio LLP does not have control over the content and performance of Third-Party Services. PIXSTER STUDIO LLP HAS NOT REVIEWED, AND CANNOT REVIEW OR CONTROL, ALL OF THE MATERIAL, INCLUDING COMPUTER SOFTWARE OR OTHER GOODS OR SERVICES, MADE AVAILABLE ON OR THROUGH THIRD-PARTY SERVICES. ACCORDINGLY, PIXSTER STUDIO LLP DOES NOT REPRESENT, WARRANT OR ENDORSE ANY THIRD-PARTY WEBSITE, OR THE ACCURACY, CURRENCY, CONTENT, FITNESS, LAWFULNESS OR QUALITY OF THE INFORMATION MATERIAL, GOODS OR SERVICES AVAILABLE THROUGH THIRD-PARTY SERVICES. PIXSTER STUDIO LLP DISCLAIMS, AND YOU AGREE TO ASSUME, ALL RESPONSIBILITY AND LIABILITY FOR ANY DAMAGES OR OTHER HARM, WHETHER TO YOU OR TO THIRD PARTIES, RESULTING FROM YOUR USE OF THIRD-PARTY SERVICES.
15. CONSENT TO RECEIVE EMAIL AND NOTIFICATIONS
15. CONSENT TO RECEIVE EMAIL AND NOTIFICATIONS
You will receive email communications from Pixster Studio LLP only if you have explicitly opted in by providing your email address and consenting to such communications. 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.
Separately, the App may request permission to send push notifications to your device for fasting reminders, hydration alerts, and progress updates, as described more fully in the Privacy Policy. You may disable push notifications at any time through your device's notification settings without affecting your access to other App features.
You will receive email communications from Pixster Studio LLP only if you have explicitly opted in by providing your email address and consenting to such communications. 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.
Separately, the App may request permission to send push notifications to your device for fasting reminders, hydration alerts, and progress updates, as described more fully in the Privacy Policy. You may disable push notifications at any time through your device's notification settings without affecting your access to other App features.
16. USER CONTENT
16. USER CONTENT
"User Content" is any content, materials or information, not including Personal Information (as defined in Pixster Studio LLP's Privacy Policy), that You upload or post to, or transmit, display, perform or distribute by means of, the Website, whether in connection with Your use of Services or otherwise. To clarify, You maintain full ownership of all your User Content posted to Pixster Studio LLP. Because You own Your User Content, under the law, Pixster Studio LLP requires a license from You before it can allow the User Content to be posted on the Website. For these reasons, the following provision is a necessary part of this Agreement:
YOU HEREBY GRANT THE PIXSTER STUDIO LLP PARTIES A PERPETUAL, FULLY PAID-UP, WORLDWIDE, SUBLICENSABLE, IRREVOCABLE, ASSIGNABLE LICENSE TO COPY, DISTRIBUTE, TRANSMIT, PUBLICLY DISPLAY OR PERFORM, EDIT, TRANSLATE, REFORMAT AND OTHERWISE USE USER CONTENT IN CONNECTION WITH THE OPERATION OF THE WEBSITE, SERVICES OR ANY OTHER SIMILAR OR RELATED BUSINESS, IN ANY MEDIUM NOW EXISTING OR LATER DEVISED. YOU FURTHER AGREE THAT THE PIXSTER STUDIO LLP PARTIES MAY PUBLISH OR OTHERWISE DISCLOSE YOUR INFORMATION IN CONNECTION WITH THEIR EXERCISE OF THE LICENSE GRANTED UNDER THIS SECTION, SUBJECT ALWAYS TO THE RESTRICTIONS ON HEALTH DATA SET OUT IN THE PRIVACY POLICY. YOU AGREE TO WAIVE, AND HEREBY WAIVE, ANY CLAIMS ARISING FROM OR RELATING TO THE EXERCISE BY THE PIXSTER STUDIO LLP PARTIES OF THE RIGHTS GRANTED UNDER THIS SECTION, INCLUDING WITHOUT LIMITATION ANY CLAIMS RELATING TO YOUR RIGHTS OF PERSONAL PRIVACY AND PUBLICITY. YOU WILL NOT BE COMPENSATED FOR ANY EXERCISE OF THE LICENSE GRANTED UNDER THIS SECTION.
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 the Pixster Studio LLP Parties under this section.
"User Content" is any content, materials or information, not including Personal Information (as defined in Pixster Studio LLP's Privacy Policy), that You upload or post to, or transmit, display, perform or distribute by means of, the Website, whether in connection with Your use of Services or otherwise. To clarify, You maintain full ownership of all your User Content posted to Pixster Studio LLP. Because You own Your User Content, under the law, Pixster Studio LLP requires a license from You before it can allow the User Content to be posted on the Website. For these reasons, the following provision is a necessary part of this Agreement:
YOU HEREBY GRANT THE PIXSTER STUDIO LLP PARTIES A PERPETUAL, FULLY PAID-UP, WORLDWIDE, SUBLICENSABLE, IRREVOCABLE, ASSIGNABLE LICENSE TO COPY, DISTRIBUTE, TRANSMIT, PUBLICLY DISPLAY OR PERFORM, EDIT, TRANSLATE, REFORMAT AND OTHERWISE USE USER CONTENT IN CONNECTION WITH THE OPERATION OF THE WEBSITE, SERVICES OR ANY OTHER SIMILAR OR RELATED BUSINESS, IN ANY MEDIUM NOW EXISTING OR LATER DEVISED. YOU FURTHER AGREE THAT THE PIXSTER STUDIO LLP PARTIES MAY PUBLISH OR OTHERWISE DISCLOSE YOUR INFORMATION IN CONNECTION WITH THEIR EXERCISE OF THE LICENSE GRANTED UNDER THIS SECTION, SUBJECT ALWAYS TO THE RESTRICTIONS ON HEALTH DATA SET OUT IN THE PRIVACY POLICY. YOU AGREE TO WAIVE, AND HEREBY WAIVE, ANY CLAIMS ARISING FROM OR RELATING TO THE EXERCISE BY THE PIXSTER STUDIO LLP PARTIES OF THE RIGHTS GRANTED UNDER THIS SECTION, INCLUDING WITHOUT LIMITATION ANY CLAIMS RELATING TO YOUR RIGHTS OF PERSONAL PRIVACY AND PUBLICITY. YOU WILL NOT BE COMPENSATED FOR ANY EXERCISE OF THE LICENSE GRANTED UNDER THIS SECTION.
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 the Pixster Studio LLP Parties under this section.
17. BUDDY FEATURE AND SHARED CONTENT
17. BUDDY FEATURE AND SHARED CONTENT
The App includes a social Buddy Feature that enables You to connect with friends, share fasting progress, and provide mutual motivation. Any content or progress data You choose to share through the Buddy Feature (including fasting milestones or activity summaries) may be visible to the specific friends you connect with via the Buddy Feature. You acknowledge that content shared through the Buddy Feature is not private with respect to those connected friends, and You are solely responsible for the content You choose to share. Pixster Studio LLP disclaims any responsibility or liability for information shared by You through the Buddy Feature.
The App includes a social Buddy Feature that enables You to connect with friends, share fasting progress, and provide mutual motivation. Any content or progress data You choose to share through the Buddy Feature (including fasting milestones or activity summaries) may be visible to the specific friends you connect with via the Buddy Feature. You acknowledge that content shared through the Buddy Feature is not private with respect to those connected friends, and You are solely responsible for the content You choose to share. Pixster Studio LLP disclaims any responsibility or liability for information shared by You through the Buddy Feature.
18. YOUR RESPONSIBILITY FOR DEFAMATORY COMMENTS
18. YOUR RESPONSIBILITY FOR DEFAMATORY COMMENTS
You agree and understand that you may be held legally responsible for damages suffered by other members or third parties as the result of Your remarks, information, feedback or other content posted or made available on the Services that is deemed defamatory or otherwise legally actionable. Pixster Studio LLP is not legally responsible, nor can it be held liable for damages of any kind, arising out of or in connection to any defamatory or otherwise legally actionable remarks, information, feedback or other content posted or made available on the Services by users, to the fullest extent permitted by applicable law.
You agree and understand that you may be held legally responsible for damages suffered by other members or third parties as the result of Your remarks, information, feedback or other content posted or made available on the Services that is deemed defamatory or otherwise legally actionable. Pixster Studio LLP is not legally responsible, nor can it be held liable for damages of any kind, arising out of or in connection to any defamatory or otherwise legally actionable remarks, information, feedback or other content posted or made available on the Services by users, to the fullest extent permitted by applicable law.
19. OBJECTIONABLE CONTENT
19. 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 pornography;
(c) solicit personal information;
(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;
(h) violate any provision of this Agreement 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 Agreement 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 pornography;
(c) solicit personal information;
(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;
(h) violate any provision of this Agreement 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 Agreement or of any applicable laws.
20. PROHIBITED USES
20. 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 or any other member;
(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;
(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 the Pixster Studio LLP Parties 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 or any other member;
(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;
(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 the Pixster Studio LLP Parties in providing the Website or Services. Any violation of this section may subject You to civil and/or criminal liability.
21. INTELLECTUAL PROPERTY RIGHTS
21. INTELLECTUAL PROPERTY RIGHTS
a. Software
Rights to Services. 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 Agreement, 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 Agreement 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 Agreement 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. In no event shall the Services or components thereof be deemed to be "open source" or "publicly available" 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 Agreement grant 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. You shall not at any time, nor shall You assist others to, challenge Pixster Studio LLP's right, title, or interest in or to, or the validity of, the Pixster Studio LLP marks.
d. Pixster Studio LLP Copyrights; Copyright Notice
All content and other materials available through the Application, 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 by Pixster Studio LLP's licensors and suppliers. Except as explicitly provided, neither use of the Services nor this Agreement grant You any right, title or interest in or to any such materials. Copyright Pixster Studio LLP. ALL RIGHTS RESERVED.
a. Software
Rights to Services. 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 Agreement, 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 Agreement 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 Agreement 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. In no event shall the Services or components thereof be deemed to be "open source" or "publicly available" 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 Agreement grant 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. You shall not at any time, nor shall You assist others to, challenge Pixster Studio LLP's right, title, or interest in or to, or the validity of, the Pixster Studio LLP marks.
d. Pixster Studio LLP Copyrights; Copyright Notice
All content and other materials available through the Application, 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 by Pixster Studio LLP's licensors and suppliers. Except as explicitly provided, neither use of the Services nor this Agreement grant You any right, title or interest in or to any such materials. Copyright Pixster Studio LLP. ALL RIGHTS RESERVED.
22. DISCLAIMERS; LIMITATION OF LIABILITY
22. 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. FURTHERMORE, PIXSTER STUDIO LLP AND ITS AFFILIATES, PARTNERS, SUPPLIERS AND LICENSORS MAKE NO WARRANTY THAT: (i) THE SERVICES OR THIRD PARTY CONTENT AND SERVICES WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICES OR THIRD PARTY CONTENT AND SERVICES WILL BE UNINTERRUPTED, ACCURATE, RELIABLE, TIMELY, SECURE OR ERROR-FREE; (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL ACCESSED OR OBTAINED BY YOU THROUGH THE SERVICES WILL BE AS REPRESENTED TO MEET YOUR EXPECTATIONS; OR (iv) ANY ERRORS IN THE SERVICES OR THIRD PARTY CONTENT AND SERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PIXSTER STUDIO LLP OR FROM THE SERVICES SHALL CREATE ANY REPRESENTATION, WARRANTY OR GUARANTY.
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. THE WEBSITE, APPLICATIONS AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. IMPORTANTLY, YOU HEREBY ACKNOWLEDGE THAT A CATASTROPHIC SERVER FAILURE OR OTHER EVENT COULD RESULT IN THE LOSS OF ALL OF THE DATA RELATED TO YOUR ACCOUNT. YOU AGREE AND UNDERSTAND THAT IT IS YOUR RESPONSIBILITY TO BACKUP YOUR DATA TO YOUR PERSONAL COMPUTER OR EXTERNAL STORAGE DEVICE AND TO ENSURE SUCH BACKUPS ARE SECURE.
c. LIMITATION OF LIABILITY
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, PIXSTER STUDIO LLP'S AGGREGATE LIABILITY TO YOU (WHETHER UNDER CONTRACT, TORT, STATUTE OR OTHERWISE) SHALL NOT EXCEED THE AMOUNT OF FIFTY DOLLARS ($50 USD). YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN PIXSTER STUDIO LLP AND YOU. THE SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
d. APPLICATION
THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS DO NOT IN ANY WAY LIMIT ANY OTHER DISCLAIMER OF WARRANTIES OR ANY OTHER LIMITATION OF LIABILITY IN ANY OTHER AGREEMENT BETWEEN YOU AND PIXSTER STUDIO LLP OR BETWEEN YOU AND ANY OF PIXSTER STUDIO LLP'S THIRD-PARTY SERVICE PROVIDERS, LICENSORS AND SUPPLIERS. 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. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. PIXSTER STUDIO LLP'S THIRD-PARTY SERVICE PROVIDERS, LICENSORS AND SUPPLIERS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THESE DISCLAIMERS, WAIVERS AND LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE WEBSITE OR OTHERWISE SHALL ALTER ANY OF THE DISCLAIMERS OR LIMITATIONS STATED IN THIS SECTION.
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. FURTHERMORE, PIXSTER STUDIO LLP AND ITS AFFILIATES, PARTNERS, SUPPLIERS AND LICENSORS MAKE NO WARRANTY THAT: (i) THE SERVICES OR THIRD PARTY CONTENT AND SERVICES WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICES OR THIRD PARTY CONTENT AND SERVICES WILL BE UNINTERRUPTED, ACCURATE, RELIABLE, TIMELY, SECURE OR ERROR-FREE; (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL ACCESSED OR OBTAINED BY YOU THROUGH THE SERVICES WILL BE AS REPRESENTED TO MEET YOUR EXPECTATIONS; OR (iv) ANY ERRORS IN THE SERVICES OR THIRD PARTY CONTENT AND SERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PIXSTER STUDIO LLP OR FROM THE SERVICES SHALL CREATE ANY REPRESENTATION, WARRANTY OR GUARANTY.
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. THE WEBSITE, APPLICATIONS AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. IMPORTANTLY, YOU HEREBY ACKNOWLEDGE THAT A CATASTROPHIC SERVER FAILURE OR OTHER EVENT COULD RESULT IN THE LOSS OF ALL OF THE DATA RELATED TO YOUR ACCOUNT. YOU AGREE AND UNDERSTAND THAT IT IS YOUR RESPONSIBILITY TO BACKUP YOUR DATA TO YOUR PERSONAL COMPUTER OR EXTERNAL STORAGE DEVICE AND TO ENSURE SUCH BACKUPS ARE SECURE.
c. LIMITATION OF LIABILITY
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, PIXSTER STUDIO LLP'S AGGREGATE LIABILITY TO YOU (WHETHER UNDER CONTRACT, TORT, STATUTE OR OTHERWISE) SHALL NOT EXCEED THE AMOUNT OF FIFTY DOLLARS ($50 USD). YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN PIXSTER STUDIO LLP AND YOU. THE SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
d. APPLICATION
THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS DO NOT IN ANY WAY LIMIT ANY OTHER DISCLAIMER OF WARRANTIES OR ANY OTHER LIMITATION OF LIABILITY IN ANY OTHER AGREEMENT BETWEEN YOU AND PIXSTER STUDIO LLP OR BETWEEN YOU AND ANY OF PIXSTER STUDIO LLP'S THIRD-PARTY SERVICE PROVIDERS, LICENSORS AND SUPPLIERS. 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. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. PIXSTER STUDIO LLP'S THIRD-PARTY SERVICE PROVIDERS, LICENSORS AND SUPPLIERS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THESE DISCLAIMERS, WAIVERS AND LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE WEBSITE OR OTHERWISE SHALL ALTER ANY OF THE DISCLAIMERS OR LIMITATIONS STATED IN THIS SECTION.
23. GENERAL REPRESENTATION AND WARRANTY
23. GENERAL REPRESENTATION AND WARRANTY
You represent and warrant that Your use of the Services will be in accordance with this Agreement 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 Agreement and any other Pixster Studio LLP policies, and with any applicable laws or regulations.
24. INDEMNIFICATION
24. INDEMNIFICATION
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 Agreement; (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 Agreement.
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 Agreement; (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 Agreement.
25. GOVERNING LAW; JURISDICTION AND VENUE
25. GOVERNING LAW; JURISDICTION AND VENUE
This Agreement, including without limitation this Agreement's interpretation, shall be treated as though this Agreement were executed and performed in India, and 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 ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE OR BE FOREVER WAIVED AND BARRED. ALL ACTIONS SHALL BE SUBJECT TO THE LIMITATIONS SET FORTH ABOVE. The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party.
This Agreement, including without limitation this Agreement's interpretation, shall be treated as though this Agreement were executed and performed in India, and 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 ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE OR BE FOREVER WAIVED AND BARRED. ALL ACTIONS SHALL BE SUBJECT TO THE LIMITATIONS SET FORTH ABOVE. The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party.
26. TERMINATION
26. TERMINATION
Either party may terminate this Agreement 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 Agreement 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 Agreement automatically terminates all rights and licenses granted to You under this Agreement, including all rights to use the Website, Applications and Services. Subsequent to termination, Pixster Studio LLP reserves the right to suspend or disable your access to or use of the Services by whatever means it deems necessary to prevent Your unauthorized use of the Services.
Either party may terminate this Agreement 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 Agreement 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 Agreement automatically terminates all rights and licenses granted to You under this Agreement, including all rights to use the Website, Applications and Services. Subsequent to termination, Pixster Studio LLP reserves the right to suspend or disable your access to or use of the Services by whatever means it deems necessary to prevent Your unauthorized use of the Services.
27. NOTICES
27. NOTICES
This Agreement, together with Pixster Studio LLP's Privacy Policy and any other policies or guidelines incorporated herein by reference, constitutes the entire agreement between You and Pixster Studio LLP with respect to Your use of the Services and supersedes all prior or contemporaneous understandings regarding such subject matter. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The failure of Pixster Studio LLP to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
This Agreement, together with Pixster Studio LLP's Privacy Policy and any other policies or guidelines incorporated herein by reference, constitutes the entire agreement between You and Pixster Studio LLP with respect to Your use of the Services and supersedes all prior or contemporaneous understandings regarding such subject matter. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The failure of Pixster Studio LLP to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
Effective Date: April 2026
Effective Date: April 2026