Terms of Use for blackpixel.ai

Last Updated: November 7, 2024

These Terms of Use (“Terms”) govern your use of the blackpixel.ai web application (“We,” “Our,” or “blackpixel.ai”) and all services provided through it (“Services”). By using our Services, you (“You,” “user”) agree to these Terms. If you do not agree, please do not use our Services.

1. Acceptance of Terms
You represent and warrant that you are not located in a country subject to a U.S. government embargo or designated by the U.S. government as a “terrorist-supporting” country, and that you are not listed on any U.S. government list of prohibited or restricted parties.

2. Modification of Terms
We reserve the right to modify or update these Terms at any time. All changes are effective immediately upon posting on this page. We recommend checking this page periodically for updates.

3. Description of Services
BLACK PIXEL AI INC provides tools within the blackpixel.ai application for generating photo albums using user photos and editing user photos. We may modify or suspend our services without prior notice.

4. Account Registration
To access our application’s features, you must register an account. You agree to provide accurate and current information during registration and update it as necessary. You are responsible for maintaining the confidentiality of your password and all activities under your account.

5. Rights and Licenses
a. Full License for Web Application Access: Subject to full compliance with this Agreement, we grant you a full, personal, non-transferable license to use and access blackpixel.ai for content generation within your personal interests.
b. Full License to Use Web Application: You receive a full license to use blackpixel.ai’s platform capabilities for creating and generating content for your personal projects and purposes.

6. Restrictions
You agree not to use our Services to create or continue projects that may compete with blackpixel.ai. You also agree not to share your credentials or access to the application with third parties.

7. Improvements
You may provide us with feedback about our Services (“Feedback”). You agree to grant us a royalty-free right to use this Feedback for any purpose.

8. Disclaimer of Warranties
blackpixel.ai provides its services “as is” and “as available.” We do not guarantee error-free or secure application operation and are not liable for any losses or damages.

9. Limitation of Liability
To the maximum extent permitted by law, blackpixel.ai is not liable for any direct, indirect, or incidental damages arising from the use or inability to use our services.

Choice of Law; Arbitration
This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflict of law principles. Any dispute arising out of or relating to the subject matter of this Agreement shall be finally settled in English by arbitration in accordance with the Simplified Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (JAMS) by a single commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to seek injunctive or other equitable relief at any time from any court of competent jurisdiction. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in New Jersey. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted. THE LICENSEE UNDERSTANDS AND AGREES THAT, BY ENTERING INTO THESE TERMS, THE LICENSEE AND BLACK PIXEL AI INC ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

11. Changes to the Agreement
BLACK PIXEL AI INC may modify the Agreement at any time at its discretion. If changes are made, BLACK PIXEL AI INC will notify users by posting the amended Agreement on the blackpixel.ai website or through other communications. It is important for users to review the Agreement whenever it is updated. Continued use of the application after notification indicates acceptance of the revised Agreement. If a user disagrees with the changes, they must stop using blackpixel.ai. As blackpixel.ai evolves, BLACK PIXEL AI INC may alter or discontinue any part of it without notice at its discretion.