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Terms of Service

Effective Date: June 8, 2026 · Last Updated: June 8, 2026

These Terms of Service (the “Terms”) are a binding agreement between you and Pixul LLC (“Pixul,” “we,” “us,” or “our”). They govern your access to and use of the Pixul website at pixul.live, the Pixul board, any related applications, APIs, content, and services we make available (collectively, the “Service”). By accessing or using the Service, creating an account, or purchasing any subscription or feature, you agree to be bound by these Terms. If you do not agree, do not access or use the Service.

Important Notices

  • Binding arbitration & class action waiver. Section 21 requires most disputes to be resolved by individual binding arbitration and waives your right to a jury trial and class action. You may opt out within 30 days of first accepting these Terms.
  • Auto-renewing subscriptions. Paid subscriptions renew automatically until cancelled. See Section 5.
  • Sweepstakes. No purchase is necessary to enter or win any Pixul sweepstakes. A purchase is not required and does not change the value of any single entry; free entries carry identical weight. See Section 7 and the Official Rules.
  • California Residents. Additional disclosures and rights apply to you under California law — see Section 23.

1.Agreement & Acceptance

By creating an account, claiming a block, subscribing to a paid tier, entering a sweepstakes, or otherwise using the Service, you (1) acknowledge that you have read and understood these Terms, (2) agree to be bound by them, and (3) represent that you are legally able to enter into a binding contract under the laws of your jurisdiction. If you accept these Terms on behalf of an entity, you represent that you have authority to bind that entity, and “you” refers to that entity.

These Terms incorporate by reference our Privacy Policy, the Official Rules for any active sweepstakes, and any additional terms you accept for specific features (collectively, the “Additional Terms”). If there is a conflict between these Terms and any Additional Terms, the Additional Terms control with respect to the feature they govern.

2.Eligibility

You must be at least 18 years of age (or the age of majority in your jurisdiction, whichever is greater) to use the Service or to enter any sweepstakes. The Service is not directed to and may not be used by children under 13, and we do not knowingly collect personal information from children under 13. If we learn that a user is under the required age, we will terminate the account.

The Service is offered only in jurisdictions where it is lawful to use, and only to legal residents of those jurisdictions. You are responsible for complying with all laws applicable to your access and use, including local laws regarding promotions, payments, and online content. We may restrict access to or features of the Service in any jurisdiction at our discretion.

You may not use the Service if you are barred from doing so under U.S. law or the law of any other applicable jurisdiction, if you are listed on any U.S. Government list of prohibited or restricted parties, or if your access has previously been suspended or terminated by us.

3.Accounts & Security

To access most features of the Service you must register for an account. You agree to provide accurate, current, and complete information during registration and to keep that information current. You are responsible for safeguarding your account credentials and for all activity that occurs under your account, whether or not authorized by you.

Notify us immediately at founder@pixul.live of any unauthorized use of your account or any other suspected security breach. We are not liable for any loss or damage arising from your failure to protect your credentials. We reserve the right, in our sole discretion, to reclaim or reassign usernames, handles, or display names that impersonate others, infringe trademark rights, or violate these Terms.

One person or legal entity may not maintain more than one account except as expressly permitted by us in writing. We may verify your identity at any time, and may suspend or terminate the Service or any feature pending verification.

4.Description of the Service

Pixul provides a visible-space advertising platform centered on a public grid (the “Board”) composed of discrete cells (“Blocks”) that users may claim through paid subscriptions. Subscribers may upload imagery, captions, and outbound links associated with their Blocks subject to the moderation and acceptable-use rules in these Terms. The Service also includes related features such as community/creator groupings, leaderboards, promotional sweepstakes, and ancillary tools.

The Service is provided to you as a personal, limited, revocable, non-transferable, non-exclusive license to access and use the Service in accordance with these Terms. No ownership rights in the Board, Blocks, or any underlying technology are conveyed to you by these Terms or by any subscription. A “claim” on a Block grants you the right to display content on that Block during the active subscription period only and does not transfer any real, virtual, or intellectual property interest.

We may modify, suspend, or discontinue any aspect of the Service at any time, including without limitation availability of features, pricing tiers, Block geometry, and promotional programs, with or without notice and without liability to you. We will, however, provide reasonable advance notice of material adverse changes to paid features where required by law.

5.Subscriptions, Billing, & Cancellation

5.1 Recurring Subscriptions

Block claims are sold as recurring subscriptions billed monthly in advance unless otherwise specified at point of purchase. By subscribing, you authorize us and our payment processor (currently Stripe, Inc.) to charge your selected payment method on a recurring basis for the applicable subscription fee plus any applicable taxes, until you cancel. Your subscription will automatically renew at the end of each billing cycle for the same period at the then-current price unless you cancel before the end of the current cycle. A cancellation takes effect at the end of the then-current billing cycle; access continues until that date and no further charge is made.

5.2 Cancellation

You may cancel any subscription at any time through your account settings or by emailing founder@pixul.live. Cancellation takes effect at the end of the then-current billing cycle; you will retain access to the subscribed feature(s) through the end of that cycle and will not be billed for subsequent cycles. We do not provide prorated refunds for partial cycles except as required by law (see Section 6).

5.3 Pricing & Taxes

Posted prices are exclusive of all taxes and similar government charges unless otherwise stated. You are responsible for any sales, use, value-added, or similar taxes imposed on your purchases. We may change subscription pricing at any time; price changes for an existing subscription will take effect at the start of the next billing cycle after we notify you of the change.

5.4 Failed Payments & Grace Period

If a scheduled payment fails, we may retry the charge in accordance with industry-standard practices and our payment processor’s policies. We may suspend, downgrade, release, or terminate access to features tied to the unpaid subscription after a reasonable grace period. Releasing a Block makes it available for other users to claim; we have no obligation to restore the same Block to you if you reactivate later.

5.5 Free Trials & Promotions

If we offer a free trial or promotional discount, you will be billed at the standard rate when the trial or promotional period ends unless you cancel beforehand. Free trials and promotional pricing are limited to one per person or household unless we state otherwise.

6.Refund Policy

Except where prohibited by applicable law, all subscription fees are non-refundable once charged, including for cycles that begin before cancellation, for accounts terminated for violation of these Terms, and for periods during which you do not actively use the Service. We do not offer refunds for partial billing cycles, downgrades, or unused entries.

If you are a consumer located in a jurisdiction whose mandatory consumer protection laws grant you statutory withdrawal, cooling-off, or refund rights (for example, certain EU/UK residents), nothing in these Terms limits those statutory rights. To exercise such rights, contact founder@pixul.live.

Chargebacks initiated without first contacting us to resolve a billing dispute may result in immediate suspension of your account and forfeiture of any associated Blocks, entries, or perks.

7.Sweepstakes Promotions

Pixul may from time to time run promotional sweepstakes. Each sweepstakes is governed by its own Official Rules, which together with these Terms form the complete agreement governing your participation. In the event of a conflict, the Official Rules control with respect to that promotion.

NO PURCHASE NECESSARY. A purchase will not increase your chances of winning any sweepstakes. Free entry methods are available and have equal weight under the Official Rules. The Service is not a gambling platform, and entries are not consideration for a game of chance — they are a promotional mechanic used to market the underlying advertising service.

You are responsible for any taxes on prizes won. Prizes are awarded as described in the applicable Official Rules and may be substituted with prizes of equal or greater value at our sole discretion. Sweepstakes are void where prohibited.

We reserve the right to disqualify any participant who tampers with the entry process, violates these Terms or the Official Rules, engages in fraud, uses multiple accounts, or who we otherwise determine in our sole discretion has acted in bad faith.

8.Reserved

Reserved.

9.User Content & License

9.1 What Counts as User Content

“User Content” means any content you submit, upload, link, transmit, or display through the Service — including Block images, titles, captions, outbound links, profile content, comments, community names, communications with us, and any feedback or suggestions.

9.2 Ownership & License You Grant Us

You retain ownership of your User Content as between you and Pixul. You grant Pixul a worldwide, non-exclusive, royalty-free, fully paid-up, transferable, sublicensable license to host, store, reproduce, display, perform, distribute, modify (including for formatting, resizing, and moderation), create derivative works of, and otherwise use your User Content solely to operate, provide, improve, promote, and develop the Service. This license is perpetual with respect to copies cached, archived, or quoted before removal, and otherwise ends when you delete the User Content or close your account.

9.3 Promotional Use

You also grant Pixul the right to use your handle, display name, avatar, Block content, and other public profile information to promote the Service (including in screenshots, marketing materials, social posts, and case studies), without further notice, compensation, or attribution.

9.4 Your Representations

You represent and warrant that:

  • You own or have all necessary rights, licenses, and consents to submit your User Content and to grant the licenses above.
  • Your User Content does not and will not infringe, misappropriate, or violate any third party’s intellectual property, publicity, privacy, contract, or other rights.
  • Your User Content does not violate any law, regulation, court order, or these Terms.
  • Any individuals identifiable in your User Content have consented to such use.

9.5 Feedback

If you send us feedback, suggestions, or ideas about the Service, you grant us a perpetual, irrevocable, royalty-free, transferable, sublicensable license to use that feedback for any purpose without restriction or compensation. We are under no obligation to keep feedback confidential.

10.Acceptable Use & Prohibited Conduct

You agree not to (and not to enable others to):

  • Use the Service for any unlawful purpose or in violation of any applicable law, regulation, or court order.
  • Post or display User Content that is defamatory, harassing, threatening, hateful, obscene, sexually explicit, sexually suggestive involving minors, gratuitously violent, or that promotes discrimination or harm against any individual or group.
  • Post content depicting minors in any sexual or suggestive context. Pixul has zero tolerance for such content; offenders will be permanently banned and reported to NCMEC and relevant authorities.
  • Infringe any patent, trademark, trade secret, copyright, right of publicity, right of privacy, or other proprietary right.
  • Impersonate any person or entity, or misrepresent your affiliation with a person or entity.
  • Promote, advertise, or link to content involving illegal goods or services, weapons, regulated substances, gambling other than promotional sweepstakes governed by the Official Rules, malware, scams, pyramid schemes, or fraudulent investment opportunities.
  • Use the Service to send spam, unsolicited promotional messages, phishing attempts, or chain communications.
  • Interfere with, disrupt, probe, or test the security of the Service; circumvent rate limits, throttling, or moderation systems; scrape the Service or use automated systems to access it except via published APIs under their stated terms.
  • Reverse-engineer, decompile, or disassemble any part of the Service except to the extent expressly permitted by law and not contractually waivable.
  • Create or maintain multiple accounts to manipulate sweepstakes entries, leaderboards, voting, or pricing.
  • Use the Service to train machine-learning models on User Content not owned by you, or to generate, host, or distribute content that we determine in good faith to be designed to deceive or defraud users.
  • Submit content that contains malware, viruses, worms, time bombs, or any code designed to interfere with the Service or any user’s system.
  • Resell, sublicense, rent, lease, or otherwise commercialize access to the Service or any Block claim except as expressly permitted by us in writing.

11.Moderation, Suspension, & Removal

We may, but are not obligated to, monitor, review, edit, blur, downrank, refuse, remove, or restrict access to any User Content at any time, for any reason or no reason, with or without notice. Submission of User Content is conditioned on our right to do so, and you waive any moral rights with respect to such moderation actions to the maximum extent permitted by law.

We may suspend or terminate your access to all or part of the Service, refuse to renew or fulfill a subscription, release a Block back to the available pool, withhold or revoke entries, and take any other action we deem appropriate if we believe in good faith that you have violated these Terms, applicable law, or the rights of any third party, or that your conduct presents risk or legal exposure to Pixul or other users.

We are not liable to you for any action taken in good faith to moderate the Service, including under 47 U.S.C. § 230(c)(2) and analogous laws of other jurisdictions.

12.Intellectual Property

12.1 Ownership

The Service, including the Board, all underlying software, source code, object code, designs, layouts, visualizations, user interfaces, graphics, illustrations, animations, copy, audio, video, the “Pixul” name and mark, related logos and brand elements, and all selection, arrangement, and coordination of content (collectively, the “Pixul Materials”), are owned by or licensed to Pixul LLC. The Pixul Materials are protected by United States and international copyright, trademark, trade dress, patent, trade secret, and other intellectual property and unfair-competition laws. Except for the limited license granted to you in Section 4, no rights, title, or interest in the Pixul Materials are granted to you by these Terms, by implication, estoppel, or otherwise.

12.2 Copyright

Under U.S. and international law, copyright in original works of authorship arises automatically upon fixation in a tangible medium of expression; no registration is required for the copyright itself to exist. Pixul LLC claims copyright in all original elements of the Pixul Materials, including without limitation the look-and-feel of the Board, the arrangement of cells, the visual treatment of claimed and unclaimed cells, the chrome surrounding the Board (navigation, panels, toolbars, animations, color palette), all marketing and explanatory copy, and the source code that produces those elements. All rights are reserved.

12.3 Trademarks

“Pixul,” the Pixul logo, and other Pixul brand elements are trademarks of Pixul LLC (the “Pixul Marks”), used in commerce. Trademark rights in the United States arise from actual use of a mark in commerce; federal registration enhances those rights but is not required for them to exist. Pixul LLC claims common-law trademark rights in the Pixul Marks throughout the territory in which they are used. The unregistered-trademark designation “™” is used to identify the Pixul Marks pending or in the absence of federal registration. All other trademarks, service marks, product names, and company names referenced on the Service belong to their respective owners.

12.4 Restrictions

You may not, and may not permit any third party to:

  • Copy, reproduce, distribute, publicly display, publicly perform, broadcast, re-host, mirror, or create derivative works of any portion of the Pixul Materials except as expressly permitted by these Terms.
  • Use the Pixul Marks, or any name, logo, or mark confusingly similar to the Pixul Marks, in any manner that is likely to cause confusion, dilute the distinctiveness of the Pixul Marks, or imply sponsorship, endorsement, or affiliation with Pixul, without our prior written consent.
  • Reproduce, clone, replicate, or build a substantially similar product or service based on the look-and-feel, structure, sequence, organization, or distinctive elements of the Service.
  • Scrape, crawl, harvest, index, or otherwise extract data, content, or images from the Service except via published APIs under their stated terms, or use the Service or any portion of the Pixul Materials to train, fine-tune, evaluate, or develop machine-learning or artificial-intelligence models without our prior written consent.
  • Reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code, structure, or trade secrets of the Service, except to the extent expressly permitted by applicable law and not contractually waivable.
  • Remove, obscure, alter, or interfere with any copyright, trademark, patent, or other proprietary notices on the Service or in any materials you receive through it.
  • Register, use, or attempt to register any domain name, social-media handle, application identifier, or trademark that incorporates “Pixul” or any confusingly similar term, without our prior written consent.

Violations may give rise to claims for copyright infringement, trademark infringement, unfair competition, false designation of origin, dilution, passing off, breach of contract, and other remedies available at law or in equity, including injunctive relief, damages, an accounting of profits, and recovery of costs and attorneys’ fees where permitted.

13.DMCA & Copyright Policy

Pixul respects the intellectual property rights of others. Pixul LLC has designated an agent to receive notifications of claimed copyright infringement in accordance with the Digital Millennium Copyright Act, registered with the U.S. Copyright Office under registration number DMCA-1073935. If you believe that material on the Service infringes your copyright, please send a written notice to our designated agent that includes all elements required by 17 U.S.C. § 512(c)(3):

  • A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright at issue.
  • Identification of the copyrighted work claimed to have been infringed.
  • Identification of the material claimed to be infringing and where it is located on the Service (URL).
  • Your contact information (address, telephone number, email).
  • A statement that you have a good-faith belief that the use is not authorized.
  • A statement, under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on the copyright owner’s behalf.

Send DMCA notices to founder@pixul.live with the subject line “DMCA Notice.” Knowingly misrepresenting that material is infringing may subject you to liability under 17 U.S.C. § 512(f). It is our policy to terminate accounts of repeat infringers in appropriate circumstances.

If you believe your User Content was removed by mistake or misidentification, you may submit a counter-notice containing the elements required by 17 U.S.C. § 512(g)(3).

14.Third-Party Services

The Service relies on third-party providers (including, without limitation, Stripe, Inc. for payments, Supabase, Inc. for data infrastructure, Resend for transactional email, Vercel for hosting, and various analytics and observability providers). Your use of payment, identity, or other features may require you to accept those providers’ own terms and privacy policies. Pixul is not responsible for the acts, omissions, content, or terms of any third-party service.

The Service may contain links to or embeds of third-party websites or content. We do not endorse and are not responsible for such third-party content. Your use of any third-party site or service is at your own risk and subject to the third party’s terms.

15.Electronic Communications & Consent

You consent to receive communications from us electronically, including by email, in-product notifications, and (where you have provided a mobile number and opted in) text message. These communications may include account notices, billing reminders, security alerts, transactional confirmations, legal notices, and promotional or marketing messages. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communication be in writing.

You may opt out of marketing communications at any time through the unsubscribe link in those messages or by contacting founder@pixul.live. We will continue to send non-promotional transactional and legal messages necessary to operate your account.

16.Privacy

Our Privacy Policy describes how we collect, use, and share information. By using the Service you acknowledge the data practices described there. Where the Privacy Policy describes specific data uses or third-party sharing, those descriptions are incorporated into these Terms.

17.Disclaimers & "As Is" Service

THE SERVICE AND ALL CONTENT AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, PIXUL EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY, RELIABILITY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

Without limiting the foregoing, we do not warrant that: (a) the Service will be uninterrupted, timely, secure, or error-free; (b) any defects will be corrected; (c) the Service is free of viruses or other harmful components; (d) any content (including User Content) is accurate, complete, reliable, or not misleading; (e) Blocks, entries, claims, leaderboard positions, communities, or any other Service feature will be preserved, restored, refunded, or reassigned in any particular way; or (f) the Service will continue to be available in any specific form, jurisdiction, or pricing tier.

Some jurisdictions do not allow the exclusion of certain warranties; in such jurisdictions, the above exclusions apply to the maximum extent permitted by law.

18.Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL PIXUL, ITS AFFILIATES, OR ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, REVENUE, GOODWILL, DATA, USE, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF OR INABILITY TO USE THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

PIXUL’S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS (US$100) OR (B) THE TOTAL AMOUNT YOU PAID TO PIXUL FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Some jurisdictions do not allow the exclusion or limitation of certain damages; in such jurisdictions, the above exclusions and limitations apply to the maximum extent permitted by law. The limitations of liability in this section apply even if any limited remedy fails of its essential purpose.

You acknowledge that the pricing of the Service reflects the allocation of risk set forth in these Terms, that we would not provide the Service without these limitations, and that these limitations form an essential basis of the bargain between you and us.

19.Indemnification

You agree to defend, indemnify, and hold harmless Pixul, its affiliates, and its and their respective officers, directors, employees, agents, suppliers, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or in connection with: (a) your User Content; (b) your use or misuse of the Service; (c) your violation of these Terms or of any law, regulation, or third-party right; (d) any dispute between you and another user; or (e) any misrepresentation made by you.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with our defense. You may not settle any claim without our prior written consent.

20.Termination

You may terminate your account at any time by following the deletion process in your account settings or by emailing founder@pixul.live. Termination does not entitle you to a refund of fees already paid (see Section 6).

We may suspend or terminate your account or access to the Service at any time, with or without cause, with or without notice, including for violation of these Terms, suspected fraud, non-payment, or as required to comply with law. Upon termination: (a) all licenses granted to you terminate immediately; (b) Blocks associated with your account may be released, redistributed, or retained at our discretion; (c) we may retain copies of your User Content as required by law or our backup and recordkeeping practices; and (d) sections of these Terms that by their nature should survive (including IP, disclaimers, limitation of liability, indemnification, dispute resolution, and general provisions) will survive termination.

21.Dispute Resolution & Binding Arbitration

Please read this section carefully. It affects your legal rights.

21.1 Informal Resolution

Before filing a claim, you agree to try in good faith to resolve any dispute with us informally by sending a written notice of dispute to founder@pixul.live describing the nature and basis of the claim and the specific relief sought. You and Pixul agree to negotiate in good faith for at least 60 days from the date of the notice before initiating any arbitration or other proceeding.

21.2 Binding Individual Arbitration

If the dispute is not resolved informally, you and Pixul agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service (a “Dispute”) will be resolved exclusively by final and binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms.

The arbitration will be conducted by a single neutral arbitrator. The arbitration may be conducted in person, by telephone, or through document submissions, at the arbitrator’s discretion. The seat of arbitration will be California, and the law of California (excluding conflict-of-laws principles) will govern. The arbitrator has exclusive authority to resolve any dispute about the scope, applicability, enforceability, or formation of this arbitration agreement, including any claim that it is void or voidable.

Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The Federal Arbitration Act governs the interpretation and enforcement of this Section 21.

21.3 Class Action & Jury Trial Waivers

YOU AND PIXUL EACH WAIVE ANY RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION OR PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF ONLY TO THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM. IF A COURT DECIDES THAT APPLICABLE LAW PRECLUDES ENFORCEMENT OF THIS WAIVER AS TO ANY PARTICULAR CLAIM OR REMEDY, THAT CLAIM OR REMEDY (BUT NO OTHER) MUST BE BROUGHT IN COURT.

21.4 Carve-Outs

Notwithstanding Section 21.2, either party may (a) bring an individual claim in small-claims court for any dispute within the court’s jurisdiction; and (b) seek injunctive or equitable relief in court to prevent actual or threatened infringement or misappropriation of intellectual property rights.

21.5 30-Day Right to Opt Out

You may opt out of the arbitration agreement and class-action waiver in this Section 21 by sending written notice of your decision to opt out to founder@pixul.live with the subject line “Arbitration Opt-Out” within 30 days after you first accept these Terms. Your notice must include your name, account email, and a clear statement that you are opting out of arbitration. Opting out will not affect any other provision of these Terms.

21.6 Changes to This Section

If we materially change this Section 21 after you first accepted these Terms, you may reject the change by sending us written notice within 30 days of the change. Rejecting a change to this Section 21 does not reject any other changes to the Terms.

22.Governing Law & Venue

These Terms and any Dispute will be governed by the laws of the State of California, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Subject to Section 21, the parties agree that the exclusive jurisdiction and venue for any action not subject to arbitration is the state and federal courts located in California, and the parties consent to the personal jurisdiction of those courts.

23.California Residents

This Section 23 applies if you are a resident of the State of California (“California Residents”). It supplements (and, where required by California law, supersedes) the other provisions of these Terms with respect to California Residents. Nothing in these Terms is intended to waive any right that, under California law, cannot be waived by contract.

23.1 Complaint Assistance Notice (Cal. Civ. Code § 1789.3)

In accordance with California Civil Code § 1789.3, California Residents are entitled to the following consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210. The Service is provided by Pixul LLC; questions or complaints about the Service may be directed to founder@pixul.live.

23.2 Automatic Renewal Disclosures (Cal. Bus. & Prof. Code § 17600 et seq.)

In accordance with the California Automatic Renewal Law:

  • Recurring charges. Paid Pixul subscriptions are automatically-renewing subscriptions. Your payment method will be charged on a recurring basis at the then-current price for the applicable subscription plus any applicable taxes, at the frequency disclosed at point of purchase (typically monthly), until you cancel.
  • Length of renewal terms. Each renewal term is the same length as the original billing cycle (typically one month) unless we expressly disclose otherwise at point of purchase.
  • How to cancel. You may cancel any Pixul subscription at any time, before the next renewal date, by using the cancellation option in your account settings or by emailing founder@pixul.live. Cancellation will stop future automatic charges. You will retain access to the subscribed feature through the end of the current billing cycle.
  • Cost & minimum purchase obligation. The price of your subscription and any minimum purchase obligation are disclosed at point of purchase. There are no minimum purchase obligations beyond the then-current billing cycle.
  • Acknowledgment. By accepting these Terms and subscribing, you affirmatively acknowledge and consent to the automatic-renewal terms described above and elsewhere in these Terms, including in Section 5.

23.3 CCPA / CPRA Privacy Rights

Under the California Consumer Privacy Act, as amended by the California Privacy Rights Act (collectively, the “CCPA”), California Residents have rights with respect to the personal information we collect, including the rights to know, delete, correct, limit the use of sensitive personal information, and opt out of the “sale” or “sharing” of personal information. These rights, the categories of information we collect, and instructions for exercising your rights are described in our Privacy Policy. You will not be discriminated against for exercising any of these rights.

23.4 Waiver of Unknown Claims (Cal. Civ. Code § 1542)

To the maximum extent permitted by law, where these Terms or any agreement with us require you to release Pixul from any claims, that release applies to all claims of every kind and nature, known or unknown, suspected or unsuspected. You expressly waive the protections of California Civil Code § 1542 (and any analogous law of any other jurisdiction), which provides:

“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

23.5 Non-Waivable Rights & Limitation of Liability Carve-Out

Nothing in these Terms — including the disclaimers in Section 17, the limitation of liability in Section 18, the indemnification in Section 19, or the dispute-resolution provisions in Section 21 — is intended to limit or waive any right or remedy that under California law cannot be limited or waived by contract, including without limitation rights under the California Consumers Legal Remedies Act (Cal. Civ. Code § 1750 et seq.), the Unfair Competition Law (Cal. Bus. & Prof. Code § 17200 et seq.), the False Advertising Law (Cal. Bus. & Prof. Code § 17500 et seq.), and California Civil Code § 1668 (which prohibits exculpatory clauses purporting to release a party from liability for that party’s own fraud, willful injury, or violation of law).

23.6 Governing Law Carve-Out for California Residents

Section 22 selects the laws of the State of California as the governing law for these Terms. Because California law governs, a California Resident receives the full protection of California law, including any provision that cannot be derogated from by agreement; nothing in these Terms waives or limits those protections.

24.Export Controls & Sanctions

You represent that you are not located in, ordinarily resident in, or organized under the laws of any country subject to comprehensive U.S. economic sanctions, and that you are not on any U.S. Government list of restricted or prohibited parties (including the OFAC Specially Designated Nationals list). You agree to comply with all applicable export control and sanctions laws and not to use the Service in violation of those laws.

25.General Provisions

24.1 Entire Agreement

These Terms (together with the Privacy Policy, Official Rules, and any Additional Terms) constitute the entire agreement between you and Pixul regarding the Service and supersede all prior or contemporaneous understandings or agreements.

24.2 Severability

If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect, and the invalid or unenforceable provision will be modified to the minimum extent necessary to make it valid and enforceable while preserving its intent.

24.3 No Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of Pixul.

24.4 Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempted assignment in violation of this section is void. We may assign these Terms freely, including in connection with a merger, acquisition, reorganization, or sale of assets.

24.5 Force Majeure

We will not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, internet or third-party service disruptions, or shortages of transportation, facilities, fuel, energy, labor, or materials.

24.6 Notices

We may give notice to you by email to the address associated with your account, by in-product notification, or by posting on the Service. You may give notice to us by email to founder@pixul.live.

24.7 Headings

Section headings are for convenience only and have no legal or contractual effect.

24.8 No Agency

Nothing in these Terms creates any agency, partnership, joint venture, employment, or franchise relationship between you and Pixul.

24.9 Third-Party Beneficiaries

Except as expressly stated, these Terms do not confer any rights on any third party.

26.Changes to These Terms

We may modify these Terms from time to time. If we make a material change, we will provide reasonable notice (for example, by posting a notice on the Service, sending an email to the address associated with your account, or updating the “Last Updated” date at the top of these Terms). The updated Terms take effect on the date specified, or, if none is specified, on posting. Your continued use of the Service after the effective date constitutes your acceptance of the updated Terms. If you do not agree, you must stop using the Service and may cancel any subscription.

27.Contact

Questions about these Terms? Contact us at founder@pixul.live.

Pixul LLC
Attn: Legal
2108 N St N
Sacramento, CA 95816

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