GENERAL PROVISIONS

You are required to create an account on the Site for purchasing and usage of HypnoPixels. For the account creating you have to provide your email address and payment information.

When using HypnoPixels and/or placing the order for the HypnoPixels, you acknowledge and agree that you have reached the legal age of adulthood in your country/jurisdiction.

You will not use the Site or Platform in violation of any laws you are subject to. Notwithstanding the foregoing, We are not responsible for the further use of the HypnoPixels and it’s your sole responsibility.

You will properly follow all instructions and documentation provided by us to you at the Website.

You will not allow any other third party to access your account or to utilize the HypnoPixels. In case access to your account has been granted to a third party deliberately, or by mistake, or in any other way without your consent, you acknowledge that we don’t bear the responsibility.

You may not share or transfer any account. You may not disclose your password to anyone else.

You must notify us immediately of any breach of security or unauthorized use of your account or if you believe that an account password may have been compromised.

We will not be liable for any losses caused by any unauthorized use of your account.

We reserve the right to modify, terminate, or refuse the Services to anyone for any reason and without notice at any time.

You understand that we, in our sole discretion, may at any time for any reason suspend or terminate any license thereunder and disable the functionality of the HypnoPixels. In this case, the information you may have already accessed will become unavailable without prior notice.

We try to help all of our users. You may get in touch with us about any matters, which belong to HypnoPixels via Live Chat or by e-mail support@hypnopixels.com.

Currency Conversions. Please note that the price of the HypnoPixels Subscription is displayed to you in a default, in U.S. dollars (or EUR, if applicable), although the charge will be in a local currency.

SUBSCRIPTION AND BILLING PROCEDURE (APPLICABLE FOR PAID SUBSCRIPTION ONLY)

Subscription means a subscription to any fee-based portions of the HypnoPixels Services, as deemed by HypnoPixels at its sole discretion.

Please note that Subscription month is a paid subscription period that consists of 28 calendar days. This applies to 1- month subscription plan.

HypnoPixels Services are offered under a Subscription. You agree to pay whatever fees and other charges are presented to you when you subscribe to a Subscription.

Certain HypnoPixels Services may be offered for free under the terms specified on the Website. If you used only free Services, you in any case agree to be bound by the following Terms of Use.

To subscribe to the HypnoPixels for the paid Services, you should place the order after an account registration.

While placing the order, you should complete the payment Information.

The price of the Subscription is available on the Website.

During the first 24 hours after registration, You are entitled to test HypnoPixels in accordance with provisions which is specified on the Site (“Trial“). We reserve the right to modify or terminate Trial offers at any time and for any reason.

At the end of these 24 hours, subject to termination within this period, a subscription is automatically taken out on a periodical basis for an amount, which is specified on the Site. Subject to termination, this subscription is automatically renewed from subscription period to next subscription period and the card used is automatically debited.

Subscription automatically renews unless auto-renewal is turned off at least 24-hours before the end of the current subscription period. We can charge you for the future subscription period, if you didn’t turn off automatic renewal through your account or with assistance of our support team. In case you didn’t turn off automatic renewal, you will be charged for the next subscription period. You can cancel a subscription through your account or with assistance of our support team via e-mail. You understand and confirm that if you forget to disable auto-renewal for new subscription period, it will not be a reason for a refund.

All accounts are set up on a prepaid basis. We must receive payment before any billable product or service is provided and/or activated. You are required to keep valid credit/debit cards on file to charge for any recurring periodical based subscription fees and one-time or multi-pay fees. You are responsible for keeping all credit/debit card details and contact information current while using the HypnoPixels.

Your subscription is NOT based on how much you use (or do not use) the Service. After payment execution for a subscription, you will receive a payment notification from us. All your receipts are available by request.

Methods of payment. We will accept any payments via all major debit/credit cards. Payment by any other means, such as check or wire transfer, requires explicit written consent, which shall be given in our sole discretion. To make a payment, you have to specify your payment information. Payment is made through Our Site by credit card and other applicable means. The Site is equipped with a secure online payment system enabling You to encrypt the transmission of your bank data.

CONTENT

“Content” means any text, data, information, username, handle name, files, images, avatars, graphics, sounds, music, videos, audio clips, links, and/or other similar materials, etc.

Subject to your adherence to the ToU, you have the right to use the results generated by the Service (“Artworks“) for any legal purpose, including commercial use, regardless of the type of HypnoPixels service you used.

ANY USE OF THE ARTWORKS IS AT YOUR OWN RISK AND IS SOLELY YOUR RESPONSIBILITY. YOU ARE SOLELY RESPONSIBLE FOR USE OF ANY ARTWORKS GENERATED BY YOU VIA THE SERVICE AND THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING SUCH USE. YOU HEREBY RELEASE COMPANY FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS ARISING OUT OF YOUR USE OF THE ARTWORKS. YOU ARE PROHIBITED FROM CITATION TO THE SERVICE WHEN USING THE ARTWORKS ILLEGALLY. YOU ASSUME ALL RISK AND RESPONSIBILITY FOR DETERMINING WHETHER YOU MAY LAWFULLY USE OR OTHERWISE DISTRIBUTE ANY ARTWORKS AND WE HAVE NO OBLIGATION TO EVALUATE, SCREEN, OR MONITOR GENERATED VIA SERVICE ARTWORKS. BY USING OR OTHERWISE DISTRIBUTING ARTWORKS IN ANY MANNER, YOU REPRESENT AND WARRANT THAT YOU WILL NOT BE IN VIOLATION OF ANY AGREEMENTS, APPLICABLE LAWS AND OTHER RIGHTS OR GRANTS.

By generating any Artworks by using the Services You grant the Company and its subsidiaries, affiliates, and partners a worldwide, non-exclusive, fully-paid, royalty-free, irrevocable, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of and based upon, display, transmit, adapt, edit, modify, publicly display, publish, perform, republish, promote, exhibit, and otherwise use, the Artworks, in all media now known or hereafter developed, exclusively for the purposes of the Services promotion in any media formats and through any media channels, whether now known or existing in the future throughout the world, without the Company seeking further permission from you.

When applicable, and in the event that you become aware of a potentially unauthorized or unlicensed use of your Content, you agree to notify the Company in writing (by sending us an email at support@hypnopixels.com.

You are solely responsible for any Content/Artworks generated by you and/or your Content posted to the Service by you and/or your use of the Services, as well as the consequences of posting your Content to the Services and further using the Content generated by you. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to post any your Content that you post to the Service, that your Content will not be defamatory, will not misappropriate, infringe, or otherwise violate any rights of any third party (including intellectual property rights or rights of publicity or privacy), and will not violate any applicable law, rule, regulation, or the terms of service of any other platform.

You agree that any Content that you upload, download, post or otherwise distribute to the Services will not contain third party copyrighted, patented, or trademarked material, or material that is subject to other third-party proprietary rights, unless you have written permission from the rightful owner of the material, or you are otherwise legally entitled to upload the material and to grant the Company all of the license rights conveyed in these ToU. You assume all risk and responsibility for determining whether you may lawfully post or otherwise distribute any your Content and we have no obligation to evaluate, screen, or monitor any your Content that you post to the Services. By distributing your Content to the Services in any manner, you represent and warrant that you will not be in violation of any agreements or other rights or grants.

It is imperative that you comply with these ToU, refraining from using the Services in any unlawful manner that may harm individuals or infringe upon their rights. No license or rights are granted to use the name, image, likeness, voice, or biographical information of any person, whether a celebrity or otherwise. Consequently, any incorporation of such images into your work, with or without consent, is done entirely at your own risk. The Services must not be used to generate harmful or illegal images, and the Company reserves the right to delete your/generated content, or suspend or ban your account for any violations, at the exclusive discretion of the Company.

You may not seek to reverse engineer the HypnoPixels feature, use the HypnoPixels to attempt to build a competitive product or service, or otherwise infringe our rights. You will indemnify us for your use of HypnoPixels feature as outlined in these ToU.

By using the Services, you grant the Company all rights to use your content to enhance our Service safety efforts and to develop and improve our technologies, products, and services.

You acknowledge and agree that the use of the Service is at your own risk, and the Company provides no representation or warranty whatsoever regarding any Artworks. This includes, but is not limited to, any assertions of ownership rights, copyrights, or other interests in or to any Artworks by users or third parties. You understand and acknowledge that similar or identical Artworks may be created by other users using the same or different text prompts, and your rights are limited to the specific Artwork that you have created.

SECURITY

We care about the integrity and security of your personal information.

You acknowledge that you willingly provide your personal information to Company and the Payment Provider (a financial institution, which processes payments for HypnoPixels) while placing the order for the Services.

Please, kindly read our Privacy Policy for more details about our rules of personal data processing and its secure storing.

We do not control, monitor and/or are not aware of how the user exploits the HypnoPixels. We may not be held responsible for the inappropriate use of thereof. It is at a user’s risk and responsibility.

You acknowledge that we don’t encourage our users to exploit the HypnoPixels illegally.

SPECIFIC PROVISIONS FOR IMAGE&AVATAR GENERATION SERVICES

Provisions outlined in this section are only applicable to our Image&Avatar Generators.

Our Image&Avatar Generator is developed on the basis of CreativeML Open RAIL++-M License. By using our Image&Avatar Generator, you're accepting terms of CreativeML Open RAIL++-M License.

We have implemented essential measures in the Image&Avatar Generator to deter abusive usage, including the blocklisting of specific words and filtering results for nudity. Any outcomes falling under such categories will not be accessible for preview or download.

By using Image&Avatar Generator, you warrant on behalf of yourself, your users, and other parties you represent that you will not use it:

1. In any way that violates any applicable national, federal, state, local or international law or regulation;

2. For the purpose of exploiting, harming or attempting to exploit or harm minors in any way;

3. To generate or disseminate verifiably false information and/or content with the purpose of harming others;

4. To defame, disparage or otherwise harass others;

5. To generate or disseminate personal identifiable information that can be used to harm an individual;

6. For fully automated decision making that adversely impacts an individual’s legal rights or otherwise creates or modifies a binding, enforceable obligation;

7. For any use intended to or which has the effect of discriminating against or harming individuals or groups based on online or offline social behavior or known or predicted personal or personality characteristics;

8. To provide medical advice and medical results interpretation;

9. To provide medical advice and medical results interpretation;

10. To generate or disseminate information for the purpose to be used for administration of justice, law enforcement, immigration or asylum processes, such as predicting an individual will commit fraud/crime commitment (e.g. by text profiling, drawing causal relationships between assertions made in documents, indiscriminate and arbitrarily-targeted use).

You hereby acknowledge that the CreativeML Open RAIL++-M License may be amended and changed from time to time, including with respect to restrictions on use, and agree that any restrictions included in the CreativeML Open RAIL++-M License at any applicable time will apply to Your use of the Services whether or not such restrictions are explicitly listed above. It is, and will remain, your responsibility to review any changes made to the CreativeML Open RAIL++-M License and comply with such changes, and Company has no obligation to provide any kind of notice to You with respect to changes made to the CreativeML Open RAIL++-M License.

YOU HEREBY CONFIRM AND AGREE THAT THE COMPANY IS NOT RESPONSIBLE FOR THE OPERATION AND FUNCTIONING OF THE MODEL. THUS, YOU HEREBY RELEASE COMPANY FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS ARISING OUT OF YOUR USE OF THE MODEL.

You are solely responsible for determining the appropriateness of using the HypnoPixels and assume any risks associated with such use.

THE RELATED PARTIES DO NOT MAKE AND HEREBY DISCLAIM ANY WARRANTY, EXPRESS OR IMPLIED WITH RESPECT TO INFORMATION, OR OTHER OFFERINGS AVAILABLE THROUGH THE WEBSITE. THE RELATED PARTIES DO NOT GUARANTEE OR WARRANT THE CORRECTNESS, COMPLETENESS, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF ITS INFORMATION OR INFORMATION PROVIDED THEREIN.

IN ADDITION TO THE ABOVE, YOU EXPRESSLY ABSOLVE AND RELEASE THE RELATED PARTIES FROM ANY CLAIM OF HARM RESULTING FROM A CAUSE BEYOND THE RELATED PARTIES’ REASONABLE CONTROL, INCLUDING, BUT NOT LIMITED TO, FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, COMPUTER VIRUSES, UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, SEVERE WEATHER, EARTHQUAKES, OR NATURAL DISASTERS, STRIKES, OR OTHER LABOR PROBLEMS, WARS, OR GOVERNMENTAL RESTRICTIONS.

THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE COMPANY FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN.

WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL THE LIABILITY OF THE COMPANY OR ANY OF THE RELATED PARTIES EXCEED THE GREATER OF $50 OR THE AMOUNT THAT YOU PAID TO US OR OUR DESIGNEES DURING THE SIX (6) MONTHS PRIOR TO THE TIME THE CAUSE OF ACTION GIVING RISE TO LIABILITY AROSE.

THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND COMPANY. ACCESS TO THE WEBSITE AND THE SERVICES OFFERED ON THE WEBSITE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS THE COMPANY'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of the Company and its affiliates shall be limited to the fullest extent permitted by law.

WE ARE NOT RESPONSIBLE FOR USING THE HYPNOPIXELS AND/OR SITE BY USERS UNLAWFULLY AND WITH UNLAWFUL AIMS. THE HYPNOPIXELS AND/OR SERVICES ARE PROVIDED AND DEVELOPED WITH LEGAL AIMS ONLY AND CANNOT BE USED WITH VIOLATION OF RIGHTS, FREEDOMS AND INTERESTS OF THIRD PARTIES. WE DON’T KNOW AND CANNOT KNOW HOW USERS USE THE HYPNOPIXELS AND/OR SERVICES. IF YOU BECOME AWARE THAT THE HYPNOPIXELS AND/OR SERVICES ARE USED OR WERE USED UNLAWFULLY, YOU CAN NOTIFY US AND WE WILL ADOPT THE BEST EFFORTS TO STOP THE UNLAWFULLY HYPNOPIXELS AND/OR SERVICES USING.

THE SITE AND THE HYPNOPIXELS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT, INFORMATION AVAILABLE THROUGH, OR THE PERFORMANCE OF, THE SITE OR THE HYPNOPIXELS. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE SITE AND/OR THE SERVICE IS AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT COMPANY OBTAINS ITS DATA FROM THIRD-PARTY SOURCES, WHICH MAY OR MAY NOT BE COMPLETELY THOROUGH AND ACCURATE, AND THAT YOU SHALL NOT RELY ON HYPNOPIXELS FOR THE ACCURACY OR COMPLETENESS OF INFORMATION SUPPLIED \ THROUGH HYPNOPIXELS. WE DO NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE AND/OR SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimer may not apply to you.

WE MAKE NO REPRESENTATION, WARRANTY, CONDITION, OR GUARANTEE THAT: (A) THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR MEET YOUR REQUIREMENTS; (B) THE SERVICES WILL BE FREE FROM MALWARE, COMPUTER VIRUSES, OR OTHER HARMFUL COMPONENTS; AND/OR (C) THE CONTENT WILL BE ACCURATE, COMPLETE, RELIABLE, LAWFUL, OR NON-INFRINGING. NO ORAL OR WRITTEN REPRESENTATION, ADVICE, OR STATEMENT MADE BY US OR ON OUR BEHALF, WHICH IS NOT EXPRESSLY CONTAINED IN THIS AGREEMENT, SHALL BE CONSIDERED A REPRESENTATION, WARRANTY, GUARANTEE, OR CONDITION OF ANY KIND. ANY HOW-TO GUIDES PROVIDED ARE FOR INFORMATIONAL PURPOSES ONLY, AND YOU MAY NOT RELY ON THEM FOR ANY ACADEMIC, VOCATIONAL, OR PROFESSIONAL CERTIFICATION.

YOU AGREE NOT TO HOLD THE COMPANY RESPONSIBLE OR LIABLE FOR ANY CONTENT / ARTWORKS ACCESSED THROUGH THE SERVICES. YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY WILL NOT BE LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

You understand and acknowledge that You may be exposed to material that is inaccurate, offensive, indecent, or otherwise objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against the Company with respect thereto.

Limitations of Use

By utilizing this Website and/or HypnoPixels Platform, you warrant, on behalf of yourself, and any other parties you represent, that you will not:

• Modify, copy, prepare derivative works of, decompile, access, or reverse engineer any materials, software and code contained on this Website.
• Use any tools, programs, or methods, including but not limited to “deep link,“ “page scrape,“ “robot,“ “spider,“ algorithm, or any manual process, to access, copy, or monitor any part of the Website, or bypass any security measures to obtain materials, pictures, documents, or other information not intentionally provided by the Website.
• Remove any copyright or other proprietary notations from any materials and software on this Website.
• Attempt to gain unauthorized access to any part or feature of the Website, other systems or networks connected to the Website, any Company server, or any service offered on the Website by hacking, password “mining,“ or any other prohibited method.
• Probe, scan, or test the vulnerability of the Website or any network connected to the Website, or attempt to breach any security or authentication measures on the Website.
• Transfer the materials to another person or “mirror“ the materials on any other server.
• Knowingly or negligently use this Website or any of its associated services in a manner that abuses or disrupts our networks or any other service provided by Company.
• Take any action that imposes an unreasonable or disproportionately large load on the Website's infrastructure, the Company's systems or networks, or any other connected systems or networks.
• Use Website or its associated services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material.
• Use Website or its associated services in violation of any applicable laws or regulations.
• Cause or launch any programs for the purpose of scraping, indexing, or otherwise data mining any portion of the Services, or use robots, crawlers and similar applications to collect and compile Content from the Services, or send data to or from the Services for the purposes of competing with the Services or in such ways that may impair the Services’ functionality;
• Take any action that imposes (as determined at Company’s discretion) an unreasonable or disproportionately large load on the servers or other cloud infrastructure which operate or support the Services, otherwise systematically abuse or disrupt the integrity of such servers or infrastructure, or send automated queries;
• Use Website in conjunction with sending unauthorized advertising or spam.
• Harvest, collect, or gather user data without the user's consent.
• Use Website or its associated services in a way that may infringe the privacy, intellectual property rights, or other rights of third parties.
• Use any device, software, or routine to interfere with the proper functioning of the Website or any transaction conducted on the Website, or with any other person's use of the Website.
• Misrepresent your identity or the origin of any message or transmission you send to the Company through the Website, including forging headers or impersonating another person.
• Use the Website in an unlawful manner or in a way that could damage, disparage, or negatively impact the Company.
• Publicly perform, display or communicate the Services.
• Circumvent, disable or otherwise interfere with security-related features of the Services, or publicly identify any security vulnerabilities in them.
• Employ any hardware, software or technique to pool connections, devices or users that use the Services (sometimes referred to as ‘virtualization’, ‘multiplexing’ or ‘pooling’) in order to circumvent any limitations or conditions on the scope of your subscription.

Any attempt to do so is considered as a violation of the ToU and the rights of the Company and/or other copyright owners. If you breach this restriction, you may be subject to legal actions and damages.

If you violate requirements mentioned above, you will be responsibility according to applicable law and international treaties on intellectual property rights and copyrights protection, and derivative software that was developed will be belonged to the Company from the moment of its creation.

INTELLECTUAL PROPERTY

All intellectual property rights on the Website and HypnoPixels Platform, except those used by us under Licenses specified in these ToU, belong to and is vested in Company or its licensors, and are protected by the applicable law and international copyright laws.

Unauthorized use of HypnoPixels trademark, service mark or logo is a violation of the applicable trademark laws and prevalent international intellectual property laws.

You may not use or reproduce any part of this Website/HypnoPixels Platform or the materials contained within it in any manner without first obtaining the prior written permission of Company.

END USER LICENSE CONDITIONS

Scope of License: The Company grants you a limited, non-exclusive, non-transferable revocable license (hereinafter – the License) to use the HypnoPixels.

HypnoPixels is Designed for Legal Use only. The Company cannot provide legal advice to you regarding your use of the HypnoPixels. You should consult your own legal advisor with respect to legality of using the HypnoPixels in the manner you intend to use it prior to using the HypnoPixels.

License. It is understood and agreed that the Company is the owner of all right, title, and interest in and to the original, and any copies of the HypnoPixels and related information, improvements, enhancements or derivatives thereto and ownership of all intellectual property rights pertaining thereto, in whole or in part, shall be, vest with, and remain the exclusive property of the Company, except those used by us under Licenses specified in these ToU. You, as a licensee, through your use of the HypnoPixels do not acquire any ownership rights to the HypnoPixels. The HypnoPixels is protected by copyright laws and international copyright treaties. The rights granted in this license are limited to the right to use the HypnoPixels and do not include any other intellectual property rights.

You agree that you will comply with all the requirements set forth in these ToU, in particular in the “Limitations of Use“ Section.

The Company may provide upgrades, modifications, updates, or additions (hereinafter – the Modifications) to the HypnoPixels during the term of the License. The terms of this ToU shall be applied to any such Modification unless such Modification is accompanied by a separate license, in which case the terms of that license will be applied.

For HypnoPixels using it may be necessary an internet connection. The Company will not be responsible, if you are not able to get an access to the HypnoPixels due to problems with internet connection or its absences.

Term and Termination: The term of this License runs concurrently with the term of your subscription plan. Your rights under this License will terminate automatically without notice from the Company if you fail to comply with any term(s) of this ToU or your subscription period expires.

PROHIBITED CONDUCT

Infringement: Do not use someone else's work without permission.

Upload Permissions: Only use content in the Services that you own or have the right to use.

Violent Content: Refrain from creating or sharing violent content.

Nudity: Limit nudity to educational, documentary, scientific, or artistic content.

Minors: Don’t create or post content of minors in sexual or intimate situations – this is child pornography and is a crime. Company prohibits the creating or sharing child pornography.

Spam: Avoid posting spam, fake giveaways, or repetitive content.

Misleading Info and Fake News: Refrain from spreading misleading information or fake news.

Illegality: Do not engage in illegal activities or support illegal entities.

Threats, Harassment, Hate Speech: Avoid content containing threats, harassment, hate speech, or personal information disclosure.

Discriminatory Conduct: Do not discriminate based on age, citizenship, color, creed, disability, family status, gender, occupation, marital status, race, sexual orientation, military service, or victimhood.

Self-Harm and Suicide: Do not create or share content related to self-harm or suicide. Seek support if needed.

SPECIFIC PROVISIONS FOR PHOTO ENHANCER TOOL SERVICE

Provisions outlined in this section are only applicable to our Photo Enhancer Tool.

Our Photo Enhancer Tool is developed on the basis of Apache License 2.0. By using our Image&Avatar Generator, you're terms of ApacheApache License 2.0.

Copyright 2023 XPixelGroup

Licensed under the Apache License, Version 2.0 (the “License“); you may not use this file except in compliance with the License.

You may obtain a copy of the License at

http://www.apache.org/licenses/LICENSE-2.0

Unless required by applicable law or agreed to in writing, Service distributed under the License is distributed on an “AS IS“ BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.

You retain ownership of your intellectual property rights for the content you submit to us for processing and any content we process on your behalf using the Photo Enhancer Tool. We will never assert ownership over your content; however, we do require a license from you to use it.

By utilizing our Website and/or HypnoPixels Platform, when you post, upload, share, or transmit content protected by intellectual property rights, you grant us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license. This license allows us to use, modify, run, copy, enhance, or create derivative works of your Content. It is imperative that you have all the legal rights, permissions, consents, etc., to the content you upload.

You have the option to terminate the license granted to us at any time by deleting your content or account.

REFUND POLICY

To request a refund, you must reach out to customer support at support@hypnopixels.com. Company does not provide any partial or full refunds once the Subscription period has started, except as otherwise specified in these ToU or under special circumstances, at HypnoPixels sole discretion on a case-by-case basis. We warrant refunds in case you are not satisfied with the HypnoPixels for any reason. But this does not mean that refunds may be offered in all cases. Your eligibility for a refund may depend on how much time has passed since the transaction, etc. You have the right to refund your funds within 14 calendar days from the payment day subject to applicable law. You may only use this right once, at the first purchase engagement with Company. Notwithstanding the above, the right to receive a refund within the 14-day period is subject to not using the paid-services. But if you successfully used HypnoPixels within Trial period and you didn’t turn off an automatic renewal, you were charged for full price and continued to use HypnoPixels, you may be deprived the right for refund.

MISCELLANEOUS

You agree to indemnify, defend, and hold the Company and the related parties harmless from any and all claims, demands, damages, or other losses, including reasonable attorneys’ fees, resulting or arising from your use of the Site and HypnoPixels or any breach by you of these ToU or any other policies that we may issue for the Site and/or HypnoPixels usage from time to time. The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with the Company in asserting any available defenses.

We may assign these ToU, in whole or in part, to any person or entity at any time with or without your consent.

You may not assign the ToU without our prior written consent, and any unauthorized assignment by you shall be null and void.

If any part of these ToU is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of the ToU shall be given full force and effect.

Failure or delay by the Company to enforce compliance with the ToU does not constitute a waiver of these ToU. The express waiver by HypnoPixels of any provision, condition, or requirement of these ToU shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

By using our Site and/or the HypnoPixels you confirm that you have read and consent to these Terms of Use as well as Privacy Policy, Cookie Policy and Refund Policy.

We may revise these Terms of Use, Privacy Policy, Cookie Policy and Refund Policy at any time, without notice, and the new versions will be available on the Site.

If at any point you do not agree to any portion of these Terms of Use, you should immediately stop using the Site and/or HypnoPixels.

All notices given by you or required under this ToU shall be written and addressed to support@hypnopixels.com.

All Policies and other documents, which are placed on the Site, are integral parts of this ToU.

The HypnoPixels is offered with the understanding that we may terminate any subscription and/or your access to the HypnoPixels at any time, for any appropriate reason, including without limitation for any violation of these ToU. Users may not create multiple accounts with the purpose of accessing Trials. Abusing the Site's Trial allowance may result in suspension of accounts and service.

These ToU describe certain legal rights. You may have other rights under the laws of your state or country. These ToU do not change your rights under the laws of your state or country.

This ToU is regulated by the laws of the Estonia. Any disputes should be resolved by the appropriate arbitration courts of the Estonia.

These English-language ToU are the Company’s official agreement with users of this Website.

The Company makes no representation that the Website is appropriate or available for use in other locations, and access to the Website from territories or nations where any aspect of the Website is illegal is hereby expressly prohibited. You access the Website solely on your own volition and are responsible for compliance with all applicable local laws. In case the laws of your state or country do not permit you to use the HypnoPixels, hereof you acknowledge and agree that it is upon your responsibility.

The Company does not guarantee or provide any assurances regarding the accuracy, probable outcomes, or reliability of utilizing the materials on Site and/or HypnoPixels, or in connection with such materials or any resources linked to this Site and/or HypnoPixels.

For more information, please contact us by email support@hypnopixels.com.