Terms of Service - Pixelgar

1. Introduction

Welcome to Pixelgar ("we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of the Pixelgar website, including any browser-based tools, mobile applications, and other online services (collectively, the "Services") provided by Pixelgar.

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.

2. Using Our Services

2.1 Eligibility

You must be at least 13 years old to use our Services. By using our Services, you represent and warrant that you meet this requirement.

2.2 Account Registration

Some features of our Services may require you to register for an account. When you register, you agree to provide accurate, current, and complete information and to update such information to keep it accurate, current, and complete. You are solely responsible for safeguarding your account credentials and for all activity that occurs under your account.

2.3 Acceptable Use

You agree not to use the Services to:

Violate any applicable law, regulation, or third-party rights
Upload, transmit, or distribute any content that is illegal, harmful, threatening, abusive, harassing, defamatory, obscene, or otherwise objectionable
Distribute malware, viruses, or any other malicious code
Interfere with or disrupt the Services or servers or networks connected to the Services
Attempt to gain unauthorized access to any portion of the Services or any other systems or networks connected to the Services
Use the Services for any commercial purpose without our prior written consent
Engage in any activity that could disable, overburden, or impair the proper functioning of the Services

3. Content and Intellectual Property

3.1 Your Content

Our Services allow you to upload, submit, store, send, or receive content such as images, text, and other materials ("User Content"). You retain ownership of any intellectual property rights that you hold in your User Content.

By uploading, submitting, storing, sending, or receiving User Content through our Services, you grant us a worldwide, non-exclusive, royalty-free license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display, and distribute such User Content for the limited purpose of providing and improving our Services.

3.2 Privacy of Your Content

Our image and text processing tools operate entirely within your browser. Your files and content are processed locally on your device and are not uploaded to our servers unless you explicitly choose to save or share them using our Services. Please refer to our Privacy Policy for more information on how we handle your data.

3.3 Our Intellectual Property

The Services and all content, features, and functionality thereof, including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof (excluding User Content), are owned by Pixelgar, its licensors, or other providers and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms do not grant you any right, title, or interest in the Services or our content, nor any intellectual property rights therein.

4. Third-Party Services and Content

The Services may contain links to third-party websites, services, or content that are not owned or controlled by Pixelgar. We do not endorse or assume any responsibility for any such third-party sites, services, or content. If you access a third-party website, service, or content from the Services, you do so at your own risk, and you understand that these Terms and our Privacy Policy do not apply to your use of such sites.

5. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES ARE ERROR-FREE OR THAT ACCESS THERETO WILL BE UNINTERRUPTED. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.

6. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PIXELGAR, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICES.

IN NO EVENT WILL OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF $100 USD OR THE AMOUNT PAID BY YOU TO PIXELGAR FOR THE SERVICES IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

7. Indemnification

You agree to defend, indemnify, and hold harmless Pixelgar, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney's fees and costs, arising out of or in any way connected with your access to or use of the Services, your violation of these Terms, or your violation of any rights of another.

8. Termination

We may terminate or suspend your access to all or part of the Services, with or without notice, for any conduct that we, in our sole discretion, believe violates these Terms or is harmful to other users of the Services, us, or third parties, or for any other reason.

Upon termination, your right to use the Services will immediately cease, and you must cease all use of the Services and delete any copies of the Services in your possession.

9. Changes to Terms

We may revise these Terms from time to time. The most current version will always be posted on our website. If a revision, in our sole discretion, is material, we will notify you via email to the email address associated with your account or through the Services. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms.

10. Governing Law

These Terms and any action related thereto will be governed by the laws of the jurisdiction in which we are headquartered without regard to its conflict of law provisions.

11. Dispute Resolution

Any disputes arising out of or related to these Terms or the Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in the jurisdiction in which we are headquartered, and judgment on the arbitration award may be entered in any court having jurisdiction thereof.

12. Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.

13. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Pixelgar regarding the Services and supersede all prior agreements and understandings, whether written or oral, regarding the Services.

14. Contact Information

If you have any questions about these Terms, please contact us at:

Email: support@pixelgar.com

Postal Address: Pixelgar Headquarters, 123 Tool Avenue, Suite 456, Digital City, DC 78901