This PixLike General Terms of Use ( the “General Terms”) , along with any applicable Product Specific Terms (see section 1.2 (Product Specific Terms) below) (collectively, the “Terms”) is between the end user (hereinafter referred to as You or Licensee), and PixLike, and its subsidiaries and other related companies (collectively referred to as PixLike, or Licensor), the developer and owner of the program, websites, web-based applications and products, customer support, discussion forums or other interactive areas or services (collectively, the “Services”) and your installation and use of any software that we include as part of the Services, including, without limitation, mobile and desktop applications, and related documentation (collectively, referred to as “Software” or PixLike Software”). By using, accessing, purchasing or subscribing the Services and Software, you agree to abide by and comply with the Terms and all applicable laws and regulations. If you have entered into another agreement with us concerning specific Services and Software, then the terms of that agreement control where it conflicts with the Terms.
By using the services or the software, you affirm that you are of legal age to enter into the terms, or, if you are not, that you have obtained parental or guardian consent to enter into the terms.
Our services and software are licensed, not sold, to you, and also may be subject to one or more of the Additional Terms below (the “Product Specific Terms”). If there is any conflict between the Genral Terms and the Additional Terms, then the Additional Terms govern in relation to those Services or Software. The Additional Terms are subject to change as described in section 1.3 below.
We may make changes to the Additional Terms from time to time, and if we do, we will notify you by revising the date at the top of the Additional Terms. And in some cases, we may provide you with additional notice. You should look at the Additional Terms regularly. Unless otherwise noted, the revised or modified will be effective immediately, and your continued use of our services and software confirm your acceptance of the changes. If you do not agree to the modification you must stop using our services and software and, if applicable, cancel your subscription.
Given that PixLike Services and Software may integrate the generative AI features based on our AI algorithm technology or the AI algorithm technology licensed by the third party (hereinafter referred to as the “Generative AI”), these Additional Teams govern your use of Generative AI in our Software when the End User (hereinafter referred to as “you” or the “End User” or “Licensee”) use the functions of PixLike Software that involve Generative AI (hereinafter referred to as the “Services”), you agree to be bound by the following agreements:
About the Services You acknowledge and confirm that currently, the residences located in some specific countries/regions are not available to access or use the Generative AI in accordance with the applicable laws, and compliance requirements from the relevant supervisors, authorities, governments, or the technology providers., and the aforesaid countries/regions may periodically update as per the applicable laws and regulations or the compliance requirements from relevant authorities. Therefore, before using the Services, you shall ensure whether the authorities have supported or allowed using the Generative AI in your country/region. If your country/region does not allow you to use the Generative AI, resulting in your inability to use the Services. In that case, you shall bear the relevant responsibilities and losses on your own, and we shall not assume any liability for your responsibilities and losses. You have no right to demand compensation or liability from us based on your inability to use the Services.
Generating Content You acknowledge and confirm that any content you input or upload to the Software for the Services, such as video file, audio file, document, image, or text(including any output parameters, such as aspect ratio, style, etc.) (collectively, the “Input”) will be used and processed by the Services and Software to generate an output, such as an audio file, video file, image, text, or text effects (collectively, the “Output”). The Input and Output are your Content (and are not Content Files or Sample Files) and all provisions governing Content in the Terms apply to the Input and Output. The generative AI features, Input, and Output must be used in accordance with the Terms, which may be modified from time to time. PixLike reserves the right to throttle, limit, disable, suspend, or terminate your right to use or access the generative AI features at any time in our sole discretion without prior notice to you.
Requirement for Your Age You must be at least 13 years old to use the Services. If you are under 18 years old, you must have your parent or legal guardian’s permission to use the Services. If you use the Services on behalf of another person or entity, you must have the authority to accept the Terms on their behalf. You must provide accurate and complete information to register for an account. You may not make your access credentials or account available to others outside your organization, and you are responsible for all activities that occur using your credentials.
Usage Requirements
Use the Services. You shall comply with this EULA and all applicable laws when using the Services. You are solely responsible for your Input. You shall be aware and undertake that your Input shall not : (i) violates applicable law; (ii) violates the Terms. (iii)includes trademarks or other materials protected by third-party Intellectual Property Rights, unless you have sufficient rights in such materials; (iv)s intended to generate Output that is substantially similar to a third party’s copyrighted work or is otherwise protected by third-party Intellectual Property Rights, unless you have sufficient rights in such work; (v) contains personal information unless you comply with all data protection and privacy laws and regulations applicable to the personal information, including providing privacy notices and obtaining consent, where required; (vi)violates the public order and morals .We may automatically block your Input, in our sole discretion, if we believe it violates the rights of a third party, applicable law, or our Terms.
Restrictions. You shall not :（i）use the Services in a way that infringes, misappropriates, or violates any person’s rights; （ii）reverse assemble, reverse compile, decompile, translate, or otherwise attempt to discover the source code or underlying components of models, algorithms, and systems of the Services (except to the extent such restrictions are contrary to applicable law);（iii）use the output from the Services to create, train, test, or develop any machine learning algorithms, artificial intelligence systems, or any conducts/business competed against us; （iv）except as permitted through the API, use any automated or programmatic method to extract data or output from the Services, including scraping, web harvesting, or web data extraction; （v）represent that output from the Services was human-generated; （vi）remove or alter any watermarks (e.g., the watermark placed or inserted in the Output to indicate and express the nature of AI generation) that may be generated with the Output, or otherwise attempt to mislead others about the origin of the Output;（vii）buy, sell, or transfer API keys without our prior consent; or If you are using the API in connection with a website or application directed at children, send us any personal information of children under 13 or the applicable age of digital consent. You will comply with any rate limits and other requirements in our documentation. You may use Services only in geographies currently supported by the relevant authorities.
Feedback. If you provide any feedback, including but limited to comments, ideas, proposals, and suggestions for improvements, PixLike may use such feedback without restriction or compensation to you.
Third Party Services. Any third-party software, services, or other products you use in connection with the Services and the Generative AI are subject to their terms, and we are not responsible for third-party products.
Content
Your Content. You may provide Input to the Services and receive Output generated and returned by the Services based on the Input. Input and Output are hereinafter collectively referred to as the “Content.” As between the parties and to the extent permitted by applicable law, you own all Input. Subject to your compliance with this EULA, we hereby assign to you all its rights, titles, and interests in and to Output. This means you can use Content for any purpose, including commercial purposes such as sale or publication if you comply with the Terms. We may use Content to provide and maintain the Services, comply with applicable law, and enforce this EULA. You are solely and completely responsible for the Content, including ensuring that it does not violate any applicable law or the Terms.
Similarity of Content. Due to the nature of generative AI, Output may not be unique across users, and the Services may generate the same or similar output for us or a third party. Other users may also ask similar questions and receive the same response. The Output may not be protectable by Intellectual Property.
Accuracy. Artificial intelligence and machine learning are rapidly evolving fields of study. We are constantly working to improve the Generative AI to make them more accurate, reliable, safe, and beneficial. Given the probabilistic nature of machine learning, using our Services and the Generative AI may, in some situations, result in incorrect Output that does not accurately reflect real people, places, or facts. You shall evaluate the accuracy of any Output as appropriate for your use case, including by using a human review of the Output. If you suffer any loss or adverse effects due to using the Output content, you shall be solely responsible, and we shall not assume any responsibility or loss. You hereby declare and undertake not to claim or assert any rights against us.
Usage Restrictions Policy
You shall abide by the following Usage Restrictions Policy. Your use of our Services shall be deemed as your complete agreement to the following policy. If we find that your use does not comply with the following policy, we may require you to make necessary changes. Repeated or serious violations may result in us taking appropriate action, including suspending or terminating your account.
We may update this Usage Restrictions Policy in accordance with our policy requirements, and your continued use of the services shall be deemed as your agreement to the updated policy.
We don’t allow the use of the Services or Generative AI for the following:
(i) Illegal activity; (ii) Child sexual abuse material or any content that exploits or harms children; (iii) Generation of hateful, harassing, or violent content; (iv) Generation of malware; (v) Activity that has a high risk of physical harm, including but not limited to weapons development, military, and warfare; (vi) Activity that has a high risk of economic harm, including but not limited to multi-level marketing, gambling, payday lending; (vii) Fraudulent or deceptive activity, including but not limited to scams, coordinated inauthentic behavior, plagiarism, academic dishonesty, astroturfing; (viii) Adult content, adult industries, and dating apps, including but not limited to content meant to arouse sexual excitement, erotic chat, pornography; (ix) Political campaigning or lobbying; (x) Activity that violates people’s privacy, including but not limited to tracking or monitoring an individual without their consent, facial recognition of private individuals; (xi) Engaging in the unauthorized practice of law, or offering tailored legal advice without a qualified person reviewing the information; (xii) Offering tailored financial advice without a qualified person reviewing the information; (xiii) Telling someone that they have or do not have a certain health condition, or providing instructions on how to cure or treat a health condition; (xiv) High-risk government decision-making, including but not limited to law enforcement and criminal justice, migration, and asylum.
We are entitled to use any available technologies and manners to review, screen for, and block your Input and Output that may violate applicable law, the rights of a third party, or this EULA, before the Input is processed to our Software, and the Output is generated or delivered to you. Our conducting the foregoing measures is not a breach of the agreement between you and us.
Your Responsibilities
You shall strictly comply with relevant legal provisions, ensure that any of your Input has a legal and legitimate source of rights, and does not infringe on any subject’s intellectual property rights and legal rights and interests. Otherwise, you shall bear and resolve all legal liabilities arising therefrom, and we shall not be liable for any responsibility or expenses.
You are solely responsible for the creation and use of the Output and for ensuring the Output complies with our Terms; however, we may use available technologies, vendors, or processes to screen for and block Output that may violate applicable law, the rights of a third party, or our Terms, before the Output is delivered to you.
We disclaim all warranties, express or implied, regarding the Output, including any implied warranties that the Output will not violate the rights of a third party or any applicable law. In addition, you must not remove or alter any watermarks or Content Authenticity Verification mechanism that may be generated with the Output, or otherwise attempt to mislead others about the origin of the Output.
No AI/ML Training You must not, and must not allow third parties to, use any content, data, output or other information received or derived from any generative AI features, including any Outputs, to directly or indirectly create, train, test, or otherwise improve any machine learning algorithms or artificial intelligence systems, including any architectures, models, or weights.
2.1 PixLike’s privacy policy explains how we collect, use, share your personal data and protect your privacy when you use our services and software. For more information, please see our Privacy Policy.
2.2 By using our services and software, you agree that PixLike can use such data in accordance with our privacy policy. You also agree to be bound by the privacy policy or privacy notice published by PixLike on its website.
3.1 The “Licensed Services and Software” includes all of the contents or services of the files, software or other media for which this Terms is provided, including but not limited to third party service or computer information or software that the Licensor has licensed for inclusion in the Licensed Services and Software; written materials or files relating to the Licensed Services and Software (“Documentation”); fonts; modified versions, updates, additions, and copies of the Licensed Services and Software, if any.
3.2 Grant of the License.
Subject to the Terms and your payment of the license fee, PixLike hereby grants you (an individual) the limited, revocable, personal, non-exclusive, and non-transferable right to download, install and activate the Services and Software on one device solely for your personal, private and non-commercial use, except as otherwise provided in this Terms. Sharing the Services and Software with others, or allowing others to view the contents of this Services and Software, is in violation of the License. You may not make the Services and Software available over a network, or in any way provide the Software to multiple users, unless you have purchased a multi-user license from PixLike in advance. PixLike reserves all rights not expressly granted to You in this Terms .
If you are a commercial user (including, but not limited to, a business user), you must purchase a commercial license from PixLike for your commercial use. The license you obtain is also a non-transferable, non-exclusive, revocable license. You may install and launch the Servics and Software only on a stand-alone computer or other device. If you have purchased a multi-user license, you are required to use the Services and Software for the number of users permitted by the license you have purchased, i.e., the number of computers and other devices you are entitled to install the Software on should not exceed the number of users permitted by the license you have purchased. It should be noted that not all licensed Services and Software is available in a commercial version, and commercial use is not permitted for licensed Services and Software that is not available in a commercial version, or for licensed Services and Software that is not explicitly permitted for commercial use.
3.3 License transfer
Licensee may not rent, lease, lend, sell, assign, sub-license, redistribute or transfer the Licensed Services and Software or the License granted by this Terms without prior written consent of the Licensor.
3.4 License restrictions i. Licensee may not and agrees not to or enable others to modify, adapt, translate, sublicense, rent, lease, or loan all or any portion of the Licensed Services and Software or Documentation; and
ii. Licensee may not and agrees not to or enable others to create any derivative works from all or any portion of the Licensed Services and Software or Documentation; and Licensee may not reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Licensed Services and Software; and
iii. Licensee may not and agrees not to or enable others to use a previous version of the Licensed Services and Software after receiving a media replacement or upgraded version as a replacement to a prior version (in such case Licensee must destroy the last version); and
iv. Licensee may not and agrees not to or enable others to use the Licensed Services and Software in the operation of any business, aircraft, ship, nuclear facilities, life support machines, communication systems, or any other equipment in which the failure of the software could lead to personal injury, death, or environmental damage; and
v. Licensee may not and agrees not to or enable others to remove or obscure Licensor’s copyright or trademark notices, or the copyright and trademark notices of any third parties that Licensor has included in the Licensed Services and Software or Documentation; and
vi. Licensee may not and agrees not to or enable others to use the Licensed Services and Software to host applications for third parties, as part of a facility management, timesharing, service provider, or service bureau arrangement; and
vii. Licensee may not install the Licensed Services and Software on other devices after the Licensed Services and Software has been installed on one device without Licensor’s prior consent.
viii. Licensee may not and agrees not to or enable others to use the Licensed Services and Software in any manner that is illegal or not authorized by this GENERAL TERMS OF USE;
3.5 Installation
Licensee can only install one copy of the Licensed Services and Software on a single device. The Licensee must be the primary user of the device on which the Licensed Services or Software is installed. This Terms shall apply to all installations of the Licensed Services and Software. Installation of the Licensed Services and Software on two or more devices is prohibited. The Licensee may purchase and install multiple licenses if Licensee wants to install services or software on two or more devices. Licensee shall be solely responsible for all expenses incurred in Licensee’s installation and use of the Licensed Services and Software.
3.6 Services and Software improvement program
PixLike is committed to helping protect your privacy at all times except as otherwise provided in this Terms. This statement explains the anonymous data collection process and usage practices for the Services and Software Improvement Program of PixLike.
In order to provide and improve the services, the software, its features, and user’s experience, we will automatically collect, maintain process and use information concerning the way the various modules and functionalities of PixLike Services and Software are being used. Information is also gathered anonymously for the purpose of statistical analysis about Software usage.
We will only use such information for the purpose of providing end users with the best possible services and software experience. The collected data will not be disclosed, shared, sold, traded or rented to any third parties for marketing purposes. For users who do not wish to enable this service, you may opt-out in the advanced options menu during the installation process.
3.7 Activation
The Licensed Services and Software contains technological measures that are designed to prevent its unlicensed or illegal use. The Licensed Services and Software may contain enforcement technology that limits Licensee’s ability to install and uninstall the Licensed Services and Software on a machine to no more than a finite number of times, for a finite number of devices and for a defined period in time designated by the purchased License. The Licensed Services and Software may require activation during installation and in the Documentation. If any of such applicable activation procedure(s) is not followed, the Licensed Services and Software may only operate for a finite period of time. If activation is required, but the Licensee doesn’t complete activation within the finite period of time set forth in the Documentation or explained during installation, the Licensed Services and Software will cease to function until activation has been completed, by which time functionality will be restored. If Licensee has any problem with the activation process, Licensee may contact the Licensor customer service for support.
3.8 Evaluation copy
Licensee may be granted an evaluation copy of the Licensed Services and Software free of charge for a finite period of time (the “Evaluation Copy”). Certain features and/or functionality of the Licensed Services and Software may be locked or unavailable in the Evaluation Copy. In order to benefit from all features and functionality of the Licensed Services and Software, Licensee have to purchase a valid license activation key. From the moment that Licensee activates Licensed Services and Software with a valid license key, the Evaluation Copy shall cease from being considered an Evaluation Copy and all the terms of this Agreement shall commence to apply in their entirety
3.9 License Term
There are several kinds of License which Licensee may choose to purchase. If the Licensee choose to purchase a perpetual license, you may use it until terminated. If you choose to purchase a license for a specific period of time, you can only use it during the specific period. You may terminate the license at any time by destroying the Software, together with all copies thereof. The License will be terminated automatically or otherwise cease to be effective if you fail to comply with any Terms. You shall destroy and cease using the Software, together with all copies thereof immediately after the termination of the License.
3.10 End-user Generated content
The Licensed Services and Software enables the Licensee to enter content that will be stored on the device on which the Licensed Services and Software is installed (such content shall be referred to herein as the “End-User Generated Content”). Licensee is solely responsible for Licensee’s use, storage and disclosure of the End-User Generated Content. Licensee may only use the End-User Generated Content responsibly, in a manner consistent with the exercise of good judgment. The Licensed Services and Software may permit the Licensee to enter, copy, edit Content that constitutes non-public personal information of individuals other than the Licensee; the Licensee shall not use, store or disclose any such information without the express consent of the individuals to whom it relates. If Licensee is having difficulty deciding whether Licensee’s intended use is appropriate, or whether Licensee needs written permission, or whether other legal issues should be considered, the Licensor strongly encourages Licensee to seek competent legal counsel. The Licensor will not assist Licensee in making this determination, nor can the Licensor provide Licensee with legal advice as to intellectual property rights or privacy laws
Licensee may only use End-User Generated Content which belongs to Licensee and will not violate the rights of others therein. The Licensor will not edit or monitor any and all Content; Licensee therefore assumes exclusive responsibility for the monitoring thereof. Licensee may not use the Licensed Services and Software in conjunction with content that is illegal, obscene, indecent, defamatory, incites racial or ethnic hatred or violates the rights of others, or is in any other way objectionable
Licensee is responsible for independently verifying the accuracy and completeness of Licensee’s contents (e.g. any technical illustrations or diagrams for operation guides, parts catalogs, schematics, writing diagrams, assembly instructions, maintenance manuals, architectural presentations or other materials You create and/or modify using Our Software).
If Licensee or Licensee’s attorney determines that Licensee is required by law to obtain written permission to use portions of the End-User Generated Content, Licensee must request permission for reproduction, redistribution, or modification of the Content from the appropriate owner of the subject materials (as may be cited in the Licensed Services and Software). If, on the other hand, Licensee or Licensee’s attorney determines it is permissible to proceed and include End-user Generated Content from the Licensed Services and Software, the Licensor asks Licensee to correctly designate the Licensor trademark(s) when referring to the Licensed Services and Software in the notice or copyright portion of Licensee’s paper, project, or product. Licensee shall indemnity, hold harmless, and defend the Licensor and the Licensor suppliers from all claims, damages, attorneys’ fees, costs, and lawsuits that arise from, or result from, Licensee’s use or distribution of any and all Content and its use of the Licensed Services and Software.
Licensor may provide Licensee with Services and Software Updates and/or Content Updates(including any portions or features) from time to time at no charge during the Terms of this Agreement. The Licensor may, at its sole discretion, decide if Licensee can get Services and Software Updates and/or Content Updates free of charge or the Licensee has to pay for the Updates. For the purposes hereof, “Update” means a new version of the Licensed Services and Software containing technical modifications, updated information, altered functionality, or any other changes that are intended by Licensor to improve or to add, delete or otherwise modify any aspect of the Licensed Services and Software. “Content Update” shall mean an update of the content used by the Licensed Services and Software that might need to be updated from time to time. If the Licensed Services and Software is an Update to a previous version, Licensee must possess a valid License to the previous version. Any update provided by the Licensor to Licensee is made on a License exchange basis such that Licensee agrees, as a precondition for receiving an Update, that Licensee will terminate all of Licensee’s rights to use any previous version of the Licensed Services and Software. However, Licensee may continue to use the previous version only to assist in transitioning to the Updated version. Once an Update has been released, the Licensor may cease service or support for prior versions, without any notice to Licensee. Services and Software Updates and/or Content Updates may be provided via the Licensed Software or on the Licensor websites. The Licensed Services and Software may require Content Updates in order to work effectively. The Licensor may add new functions, music track, elements, pictures, videos, or delete original functions, music track, elements, pictures, and videos in the Update Software or Upgrade Software.
The services and contents under this Software provided by PixLike may include services or contents that PixLike has obtained authorization from the rightful owners or third-party licensors. Therefore, pursuant to the authorization granted to PixLike by the aforementioned rights holders, PixLike may impose restrictions or limitations on the specific term, content, geographical scope, and terminal devices for your use of the services or contents. This may result in your temporary or permanent inability to access the relevant services or contents in certain regions, times, or on specific devices, or the inability to access all or partial of the services or contents. Notwithstanding any provisions between you and PixLike, PixLike shall not be held responsible or liable for any losses or damages incurred by you due to the aforementioned reasons or any other third-party licensors.
Due to the unique nature of internet services, legal and regulatory requirements, or changes in authorization, PixLike may, in its sole discretion, at any time and from time to time, in whole or in part, dynamically modify, update, change, interrupt, suspend, discontinue, or terminate the products, videos, audios, images, and other services or contents provided by PixLike (“Product Content”) in accordance with changes or modifications in laws and regulations, requirements of rights holders or third-party licensors, authority requirements/decisions, or other third-party complaints. This includes but is not limited to, PixLike’s right to temporarily or permanently remove or update all or part of the Product Content with or without notice in advance. Notwithstanding any provisions between you and PixLike, PixLike shall not be required to obtain your prior consent or be held responsible or liable for any loss or damages incurred by you due to your inability to access the relevant Product Content, whether due to the aforementioned reasons or any other reasons.
The Licensed Services and Software and any authorized copies that Licensee makes are the intellectual property of, and are owned by, the Licensor, and by third parties whose intellectual property has been licensed to the Licensor. The structure, organization, and code of the Licensed Services and Software are the valuable trade secrets and confidential information of the Licensor and such third parties. The Licensed Services and Software is protected by law, including without limitation, the copyright laws of the People’s Republic of China and the United States and other countries, and by international treaty provisions. Except as expressly provided in this Terms, Licensee is not granted any intellectual property rights over the Licensed Services and Software. Licensee may not make or publish any public statement concerning the Licensed Services and Software or the Licensor without the prior express written consent of the Licensor
The Licensee can develop plug-ins properly based on the open interface protocol of the Licensed Services and Software and use them in the Licensed Services and Software based on licensee’s individual legitimate needs，but firstly licensee must obtain explicit and prior written authorization from Licensor. If Licensee fails to get the aforementioned authorization, all the legal liabilities, including but not limited to any loss of or damage to any third party will be solely born by Licensee
The Licensor is not obligated by this Terms to provide Licensee with any technical support services relating to the Licensed Services and Software; however, Licensee may request additional support services for an additional charge or get free e-mail support as the Licensor may offer from time to time during the term of this Terms. E-mail support includes business priority technical assistance for installation and troubleshooting, and upgrade and maintenance coverage
Subject to the Terms stipulated in Article3.9, PixLike shall be entitled to terminate this Terms immediately upon serving written notice on the Licensee in the following circumstances: if Licensee commits a material breach of any of its obligations under this Terms which is not capable of remedy or if Licensee commits a material breach of any of its obligations under this Terms which is not remedied within fifteen (15) calendar days after receipt of a notice from PixLike. Termination of this Terms shall not affect any rights, obligations or liabilities of either party which have accrued before termination or which are intended to continue to have effect after termination.
The licensed services and software is provided to licensee “as is.” the licensor, and the licensor suppliers, affiliates, agents, employees make no warranty as to its use or performance. The licensor, and the licensor affiliates, make no warranties, conditions, representations, or terms (express or implied whether by statute, common law, custom, usage, or otherwise) as to any matter including without limitation to non-infringement of third party rights, merchantability, integration, satisfactory quality, or fitness for any particular purpose, except for, and to the extent, that a warranty may not be excluded or limited by applicable law in licensee’s jurisdiction.
Some functions of the licensed services and software (hereinafter referred to as “restricted functions”) are only supported by using the third party plug-ins which have been installed on your device. You agree that it is you, not licensor, who are using the third party plug-ins. You shall not use the restricted functions of the licensed services and software unless you have got proper authority to use the third party plug-ins. Furthermore, all the responsibilities of using such third party plug-ins will be solely borne by you
You expressly acknowledge and agree that, to the extent permitted by applicable law, use of PixLike software is at your sole risk, and the entire risk as to satisfactory quality, performance, accuracy is with you. No oral or written information or advice given by PixLike or an authorized representative shall creat warranty.
The software may contain “open source” materials (e.g., any software subject to open source, copyleft, gnu general public license, library general public license, lesser general public license, Mozilla license, Berkeley software distribution license, open source initiative license, MIT, Apache or public domain licenses, or similar license). PixLike makes no warranties with respect to open source materials contained in the software. These general terms of use’s provisions on restriction of liability shall apply.
In no event will the licensor, or the licensor’s affiliates, its employees, agents be liable for any damages, claims, or costs whatsoever, or for any consequential, indirect, special, punitive, incidental damages, or any loss of profits or savings, even if a representative of the licensor or one of the licensor’s affiliates has been advised of the possibility of such loss, damages, claims, or costs, or for any claim by any third party. These limitations and exclusions apply to the extent permitted by applicable law in licensee’s jurisdiction. The aggregate liability of the licensor, and the licensor affiliates, its employees, agents under or in connection with this general terms of use, shall be limited to the fees licensee has paid for the licensed services and software, if any.
If the services or software is subject to a threatened, potential or actual claim of infringement of another’s right for which PixLike may be liable, the licensee will make prompt and reasonable efforts to stop using and delete the software upon receiving the company’s written notice (including by email), PixLike may provide licensee with a replacement or updated or modified services and software free of charge. In such circumstance, PixLike shall not bear other liabilities to you.
PixLike’s websites and products may include products or services owned by third party websites. Such products or services owned by third party websites are only for your convenience. PixLike shall not be responsible for the license restrictions and legality of any content of such products or services owned by third party websites. You might need to review and agree to applicable rules of use when using such products or services owned by third party websites. In addition, a link to third party website does not imply that PixLike endorses the site or the products or services referenced therein.
Licensee will indemnify and hold licensor harmless from any and all claims, losses, liabilities, damages, fines, penalties, costs and expenses (including attorney’s fees) arising from or relating to licensee’s illegal or improper uses of the licensed services and software from any third party. Licensee’s obligations under this section shall survive the expiration or termination of this agreement.
You may not use or otherwise export or re-export the Licensed Services and Software to any countries or territories sanctioned by the United Nations or the United States. By using the Licensed Services and Software, you agree to comply with all such laws, restrictions, and regulations, and you represent and warrant that you are not located in any such countries.
During the term of this Terms, Licensee grants Licensor the right to include Licensee as a customer in software promotional material
Licensee can deny Licensor this right by submitting a written request via email to pixlikeapp@outlook.com and requesting to be excluded from software promotional material. Confirmation of such denial (via reply email) must be received prior to purchasing for this exclusion to be effective.
Should the Licensee come to be or already be included in product promotional material, as a result of any prior purchases where the Licensee did not request exclusion from product promotional material, the Licensee can at any point in time, submit a written request via email to pixlikeapp@outlook.com to have PixLike remove the Licensee’s name and other information from product promotional material. Upon receipt of such request, PixLike will remove any reference to the Licensee from such promotional material within 30 days and make no further reference to the Licensee.
This agreement will be governed by the laws of the People’s Republic of China without giving effect to the conflict of laws. Any disputes arising out of or in connection with this agreement shall be settled by the Shenzhen Court of International Arbitration in according with its effective rules to the extent not prohibited by local law in your jurisdiction.
14.1 Our failure to enforce or exercise any provision of the Terms is not a waiver of that provision. If any provision of the Terms is held invalid or unenforceable for any reason, the remainder of the Terms will continue in full force and effect and such provision shall be ineffective only to the extent of such invalidity or unenforceability.
14.2 Any notice or other communication to be given hereunder will be in writing . You may submit an email to pixlikeapp@outlook.com. We may notify you by your email that you provide.