Acordo De Utilizadores

TERMS AND CONDITIONS 

These Terms and Conditions (the “Terms”) are an agreement between you and Pixiko that set out how our Platform must be used. 

Pixiko provides the Pixiko online editor, accessible via pixiko.com. These Terms, including any policies, codes of conduct or other terms set out on the Platform govern your access to and use of the Platform and the related services offered by us (collectively, the “Services”).

By using or accessing the Services, you accept these Terms.

Who can use Pixiko 

Age Requirements 

You must be at least 13 years old or the minimum age where parental consent is required for use of the Services by the laws of your country to use the Services. 

Parent Permission 

If you are under 18 years old (or the age of legal majority where you live), you may use the Services only with the permission of a parent or legal guardian who agrees to be bound to these Terms.  Parents must supervise their children’s use of the Services and make sure that the content on the Services is suitable for their child.   

If you are a parent or legal guardian permitting a person who is under 18 years old or the age of legal majority where they live (a “Minor”) to create an account and/or use the Services, you agree to: (1) supervise the Minor’s use of the Services and their account; (2) agree to be bound to these Terms with respect to and assume all risks associated with, and liabilities resulting from, the Minor’s use of the Services and their account; (3) ensure that the content on the Services is suitable for the Minor; (4) ensure all information submitted to us by the Minor is accurate; and (5) provide the consents, representations and warranties contained in the Terms on the Minor’s behalf 

Accepting the Terms

By accessing or using the Services you:

• must be 13 years old or older, or the minimum age where parental consent is required for use of the Services by the laws of your country;
• warrant to us you have read the Terms, with your parent or legal guardian (if you are under 18 years old or the age of legal majority where you live), and you understand them;
• warrant to us that you have the legal capacity to enter into a legally binding agreement with us or (if you are under 18 years old or the age of legal majority where you live) you have your parent’s or legal guardian’s permission to access and use the Services and they have agreed to the Terms on your behalf;
• warrant to us that you have read and understand the Pixiko Privacy Policy, which explains how we collect and handle personal data;
• you agree to and abide by the Terms, including any policies, codes of conduct or other terms set out on the Services, every time you use the Services.

Signing up to the Services

To use the Services, you have to register an Account with us. You must provide us with your accurate name and email. When you register an Account with us, you can choose a Plan you need. If you selected a free Plan, it must only be used for personal purposes. You are responsible for how you use your Account. 

Intellectual property

We own the Service. You must not copy or sell any Content.  Some Services require you to register an Account with us.    

• Our rights in the Services: Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Platform and all audio and video stock assets made available by us to you as part of the Services (the “Content”). Your use of our Service and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Service or the Content.
• Prohibited Content uses: You must not, except as expressly permitted by these Terms, without the prior written consent of ourselves or the owner of the Content (as applicable): (1) copy or use, in whole or in part, any Content; (2) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party.
• Licence to use the Services
• All other uses are prohibited without our prior written consent. 
• Licence to the Content: Content accessible via the Services or purchased via the Services are solely for use with the Services

You must only upload and use User Content that belongs to you or have permission to use, if it belongs to someone else. When you upload User Content, other than comments to the Services it will remain your property. Any comments or feedback you provide to Pixiko will become our property.

Details:

• Comments: Any comment, feedback, idea or suggestion (“Comments”) which you provide to us through the Services or otherwise, becomes our property. You agree that we are entitled to use your Comments for any commercial or non-commercial purpose (such as improving the Services, promoting the Services, creating new services) without compensation or obligation to you or to any other person who has transmitted your Comments. If you provide us with Comments, you acknowledge that you are responsible for and have the authority to provide the content of such material including its legality, originality and copyright.
• User Content: Excluding Comments, any information or content you provide to us, post, upload, or submit through our Services (“User Content”) remains your property.  By providing User Content to us or making available any User Content on or through the Services, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, sub-licensable, royalty-free licence to use the User Content, with the right to use, view, copy, retain, transmit, reformat, display, distribute and modify such User Content on, through, or by means of the Services solely for the following purposes: (1) to provide the Services to you; (2) to improve the Services; (3) to  monitor, analyse and compile statistical and performance information based on and/or related to your use of the Services, including integrated Third Party Inputs (as defined below), in an aggregated and anonymised format; and (4) to keep records and undertaking reporting for our internal business purposes. You represent and warrant that: (1) you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases from the relevant third party that are necessary to grant to us the rights in such User Content as contemplated by these Terms; and (2) neither the User Content nor the use, transcoding (converting), posting, uploading, publication, submission, editing or transmission of the User Content by you, our hosting, other required use of the User Content on, through or by means of the Services, or any use by us as permitted by the license above will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. We do not endorse or approve and we do not accept any responsibility for any User Content. We may, at any time at our sole discretion, remove any User Content subject to a takedown notice or other legal claim, or where we otherwise reasonably believe it is in our interests to do so, without prior notice to you.
• Illegal content: You must not use the Services to process any videos with illegal content. Illegal content is any content that violates the laws applicable to us, to the Services or to you. If we become aware of any usage of the Services for illegal video content you acknowledge that we may inform and collaborate with the relevant law enforcement agencies to ensure any necessary legal steps are taken.

• Analytics: Despite anything to the contrary, we may monitor, analyse and compile statistical and performance information based on and/or related to your use of the Services, including integrated Third Party Inputs (as defined below), in an aggregated and anonymised format (Analytics). We, and our licensors, own all right, title and interest in and to the Analytics and all related software, technology, documentation and content used or provided in connection with the Analytics, including all intellectual property rights in the foregoing.

Your responsibilities

Don’t give your password details to anyone else or do anything unlawful on our Services.  Always ask before uploading another person’s videos to your Account. Don’t use our Services to harass or threaten any person, tamper, or damage the Services or use the Services to send spam. 

Account security: You are responsible for keeping your Account details and your password confidential and you will be liable for all activity on your Account, and purchases made using your Account details, whether or not you authorised such activities or actions. You must immediately notify us of any unauthorised use of your Account or login. 

Prohibited conduct: By using the Services, you must not violate these Terms or do, or attempt to do, anything that is unlawful; anything prohibited by any laws which apply to the Services or which apply to you or your use of the Services; or anything which might bring us or the Services into disrepute, including but not limited to (1) anything that would constitute a breach of an individual’s rights (e.g., unauthorized sharing or use of videos or other private or personal data or copyrighted material, violating the intellectual property rights or privacy of others or collecting) or any other legal rights; (2) using the Services to defame, discriminate against, harass, abuse, threaten, menace or offend any person; (3) interfering with any user using the Services; (4) tampering with or modifying the Services; (5) knowingly transmitting viruses or other disabling features, or damaging or interfering with the Services, including using trojan horses, viruses or piracy or programming routines that may damage or interfere with the Services; (6) anything that might violate any local, state, national or other law or regulation or any order of a court, including privacy regulations; (7) using the Services to send spam or phishing; (8) use any data mining robots or other extraction tools; (9) engaging in any activity that is fraudulent, false, or misleading; (10) circumventing any restrictions on access to or availability of the Service; (11) engaging in any activity that exploits, harms, or threatens to harm children; (12) publicly displaying or using the Services to share inappropriate content or material; (13) engaging in activity that is harmful to you, the Services, or others;  or (14) facilitating or assisting a third party to do any of the above acts. 

To protect the distribution of the Service, we must outline certain limitations on the licensed rights we grant to you. You shall not: (a) license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services, whether in whole or in part; (b) modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services, except as permitted with respect to Content; (c) access the Services in order to build a similar or competitive website, app, product, or service; or (d) except as expressly stated herein, copy, reproduce, distribute, republish, download, display, post or transmit any part of the Services in any form or by any means. All copyright and other proprietary notices on the Services (or on any Content) must be retained. 

Fees 

If you choose a paid Plan, you must pay for that Plan. You can upgrade and downgrade your Plan. If our fees change, we will notify you 15 days prior. If you do not pay for your Plan or if you violate these Terms, we may suspend your Account. To the maximum extent permitted by law, the Plan Fees are non-refundable.  

Details: 

• Plan Fees: If applicable for your Plan, in order to receive the Services outlined in your Plan, you must pay us the fees set out on the Platform in relation to your chosen Plan (Plan Fee). Where you have selected an Annual Plan, you must pay the Plan Fee in advance of the next year from a credit card or bank account using the designated payment systems on the Platform (Annual Payment Date). Where you have selected a Monthly Plan, you must pay the Plan Fee in advance of the next month from a credit card or bank account (Monthly Payment Date).
• Refund Policy: If required by the jurisdiction in which you are located, you will be entitled to a cancellation period (a "Cooling-Off Period") of fourteen (14) days from the day of purchase, with or without cause. If the Services are partly delivered at the time of cancellation, you will get a pro-rated refund. You acknowledge that the Cooling-Off Period ends at the time the Services are fully delivered to you, after which your purchase cannot be refunded. When you purchase digital content from us, you will cease to have the right to cancel from the moment when you begin the download. Unless otherwise provided by applicable law or by a particular Service offer, all purchases are final and non-refundable. If you believe that we have charged you in error, you must contact us and we will investigate the charge. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future. This refund policy does not affect any rights under applicable law. For more refund information, please visit our help topic.
• Upgrades and downgrades: You may upgrade or downgrade your Plan via email or through the Platform. 
• Annual Plan upgrades and downgrades: For Annual Plans: (1) any additional fees for an upgrade will be billed to you on a pro-rata basis for the remaining period before your next Annual Payment Date and your upgrade will come into effect. You must then pay to us the new Plan Fees on each Annual Payment Date thereafter; and (2) any downgrade will come into effect on your next Annual Payment Date and you must then pay to us the new Plan Fees on each Annual Payment Date thereafter.
• Monthly Plan upgrades and downgrades: For Monthly Plans: (1) any additional fees for an upgrade will be billed to you on a pro-rata basis for the remaining period before your next Monthly Payment Date and your upgrade will come into effect. You must then pay to us the new Plan Fees on each Monthly Payment Date thereafter; and (2) any downgrade will come into effect on your next Monthly Payment Date and you must then pay to us the new Plan Fees on each Monthly Payment Date thereafter.
• Currency: All transactions are processed in USA dollars by local and international payment providers except, if you are located in Australia, transactions are processed in Australian dollars. You accept that international payment processing fees may apply from your financial institution. We have no Liability to you for any international payment processing fees.
• Fee changes: If there is a fixed term and price for your Service offer, that price will remain in force for the fixed term. You will need to agree to any new offer and price if you want to continue the Services. If your Services are on a periodic basis (for example, monthly), with no specific time length, and isn't a trial offer, we may change the Plan Fees from time to time, such as if we add new or improved Service features, to the extent the costs of providing the Services have increased accordingly, or in response to market changes (for example, due to labour costs, currency fluctuations, changes in taxes/regulations, inflation, licence fees, infrastructure and administrative costs). We will inform you at least 14 days before the price change becomes effective, unless a greater period of notice is required under applicable law. The new Plan Fees will apply to your next payment due after the notice period. If you do not agree to the price change, you must cancel and stop using the Services before the price change takes effect in accordance with our refund policy above. When we notify you of the price change, if required by applicable law, we'll also inform you of the reasons and scope of the increase in prices and that the new price will become effective if you don't cancel the Services, and we’ll also remind you of how you can cancel the Services.
• Failure to pay on time: If any payment is not made in accordance with these Terms, we may (at our absolute discretion) immediately suspend providing you with access to the Services. 
• Recurring Payments. When you purchase the Services on a subscription basis (e.g., monthly), you agree that you are authorizing recurring payments, and payments will be made by the method and at the recurring intervals you have agreed to, until the subscription for that Service is terminated by you or by us. You must cancel your Services before the next billing date to stop being charged to continue your Services. We will provide you with instructions on how you may cancel the Services. By authorizing recurring payments, you are authorizing Pixiko to store your payment instrument and process such payments.

Third party services 

The Services use contracted external service providers to provide certain services on behalf of Pixiko. There are also options for you to use third party services via the Services which may be governed by those third parties’ terms of use and subject to those third parties’ privacy practices. Our website may also contain links to other websites over whose practices we have no control. 

• Video quality: The Services support a limited number of video codecs as inputs and outputs for transcoding (conversion). While we’re working hard on implementing additional video codecs, the Services are provided as is and are limited to the current offering. The quality of the result may vary and can be dependent on the source video.
• Third Party Inputs: You agree that: (1) the Services may include third parties that interface, or interoperate with, the Services (“Third Party Inputs”); and (2) the provision of the Services may be contingent upon, or impacted by, such Third Party Inputs (for example, our Platform may use or rely on third party technology).
• Integrated Third Parties: The Services may also offer optional integration opportunities with third parties (“Integrated Third Parties”). To the extent that you choose to interface or interoperate the Services with Integrated Third Parties you are responsible for: (1) the purchase of; (2) the requirements; and (2) the licensing obligations, related to the Integrated Third Party. You acknowledge and agree that the benefit of the Integrated Third Party Service’s interface, or interoperation with, the Services, is subject to your compliance with this clause. 
• Hyperlinks: The Services may contain links to websites operated by third parties, such as Facebook, Instagram and Twitter. Unless expressly stated otherwise, we do not control, endorse or approve and are not responsible for the content on those websites or the privacy practices of those websites. You should make your own investigations with respect to the suitability of those websites.  
• General information only: The Content is not comprehensive and is for general information purposes only. While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty regarding it, to the extent permitted by law. The Content is subject to change without notice. However, we do not undertake to keep our Platform up-to-date and we are not liable if any Content is inaccurate or out-of-date.
• Your own risk: You acknowledge and agree that you use the Services at your own risk.
• Information security: We take reasonable steps to implement technical and organisational security processes. However, we do not warrant and cannot ensure the security of any information which you may provide to us via the Internet. Information you transmit to us via the Internet is entirely at your own risk. We use reasonable endeavours to keep the Services free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of the Services or any linked website. 

Consumer guarantees 

These Terms do not change your consumer rights. 

Nothing in these Terms excludes your Statutory Rights as a consumer under any applicable laws. 

You agree that, subject to your Statutory Rights, to the maximum extent permitted by applicable law, these Terms exclude all terms, conditions and warranties imposed by applicable law, except to the extent such terms, conditions and warranties are fully expressed in these Terms.

Exclusions to liability  

Pixiko is not liable for how you or another person uses our Platform and Services; the services provided by service providers that do not provide services on behalf of Pixiko; or the Platform being unavailable. 

Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with: (1) your acts or omissions; (2) any use or application of the Services by a person other than you, or other than as reasonably contemplated by these Terms; (3) any works, services, goods, materials or items which do not form part of the Services, or which have not been provided by us, including any Third Party Inputs, Integrated Third Parties, Comments and User Content; (4) any defect, error, omission or lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the Services; (5) the Services being unavailable, or any delay in us providing the Services to you, for whatever reason; (6) any event outside of our reasonable control, including in connection with any storm, flood, fire, earthquake, epidemic, pandemic, COVID-19 and Government sanctioned restrictions and orders, whether known or unknown at the time of entering into these Terms (Force Majeure Event); or (7) your interactions with other users. 

PIXIKO AND MAKES NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES OR CONDITIONS WITH RESPECT TO YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT USE OF THE SERVICES IS AT YOUR OWN RISK AND THAT WE PROVIDE THE SERVICES ON AN "AS IS" BASIS "WITH ALL FAULTS" AND "AS AVAILABLE." YOU BEAR THE ENTIRE RISK OF USING THE SERVICES. PIXIKO DOES NOT GUARANTEE THE ACCURACY OR TIMELINESS OF THE SERVICES. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAW, WE EXCLUDE ANY IMPLIED WARRANTIES, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND NON-INFRINGEMENT. YOU MAY HAVE CERTAIN RIGHTS UNDER YOUR LOCAL LAW. NOTHING IN THESE TERMS IS INTENDED TO AFFECT THOSE RIGHTS, IF THEY ARE APPLICABLE. YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. WE DO NOT GUARANTEE THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT CONTENT LOSS WON'T OCCUR, NOR DO WE GUARANTEE ANY CONNECTION TO OR TRANSMISSION FROM THE COMPUTER NETWORKS.

This clause will survive the termination or expiry of these Terms.

Despite anything to the contrary, to the maximum extent permitted by law and whether under statute, contract, equity, tort (including negligence), indemnity or otherwise: (1) our maximum aggregate Liability, defined below, arising from or in connection with these Terms will be limited to us resupplying our Services to you or, in our sole discretion, to us repaying you the amount of the Plan Fees paid by you to us in respect of the supply of the relevant Services to which the Liability relates, or if no Plan Fees have been paid by you to $100; and (2) we will not be liable to you for indirect, consequential or special loss, including any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data. 

This clause will survive the termination or expiration of these Terms. 

“Liability” means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party, a party or otherwise.

This clause will survive the termination or expiration of these Terms. 

Indemnities

You indemnify us for Liability arising from your breach of IP and privacy rights, applicable laws, and any claim against us in connection with your use and access to the Services. 

Indemnity: To the maximum extent permitted by law, you indemnify us, and hold us harmless, against any Liability suffered by us arising from: (1) any breach of any third party rights (including intellectual property rights and privacy rights) by you; (2) any breach of any applicable laws by you; or (3) any third party claim against us in connection with your use and access to the Services. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms. 

This clause will survive the termination or expiration of these Terms. 

Termination 

You can deactivate or delete your Account at any time by following the process set out in our Privacy Policy or by contacting us.  If you choose to delete your Account make sure that you have saved your User Content and videos to your device, as we will not be required to keep a copy of your User Content.  We can suspend or delete your Account if you do not use the Services in accordance with these Terms.

Details: 

• Account Owner termination for convenience: We provide the process for deactivating and deleting your Account in our Privacy Policy. You may terminate your Account and terminate these Terms at any time via the “Cancel Account” feature (or similar) on our Platform or by contacting us. After canceling your Account, these Terms and your Account will terminate on your next Annual Payment Date or Monthly Payment Date (as applicable), unless you are in a trial period in which case, these Terms and your Account will terminate at the end of the trial period. To the maximum extent permitted by law, no refunds will be made upon termination in accordance with this clause. 
• Account Owner termination for breach: You may terminate your Account and these Terms immediately if we are in material breach of these Terms and you provide notice to us of this material breach and within 10 days of receiving such notice from you, we have not remedied the material breach. Where you terminate in accordance with this clause, your Account will also terminate and we will provide you a pro-rata refund of any Plan Fees paid in advance by you in connection with the unused portion of the Services.
• Our termination for convenience: We may also terminate your login, Account, and these Terms without cause by giving you 7 days’ notice. If we do so, we will provide you a pro-rata refund of any Plan Fees paid in advance by you in connection with the unused portion of the Services. 
• Our termination for breach: We may suspend your login or Account, or terminate your login, Account and these Terms immediately with notice if: (1) you are in material breach of these Terms (including for non-payment of the Plan Fees), any applicable laws, regulations or third-party rights (including intellectual property rights and privacy rights); (2) you are in breach of these Terms and you fail to remedy such breach within 10 days of receiving notice from us of such breach; or (3) as an Account Owner, you are unable to pay your debts as they fall due. To the maximum extent permitted by law, no refunds will be made upon termination by us in accordance with this clause
• After termination: On expiry or termination of these Terms: (1) we will stop providing the Services to you and you must immediately cease using the Services, including the Platform and the Content; and (2) you will not be entitled to receive a copy of any User Content and we will have no obligation to retain your User Content. 

These Terms will remain in effect while you use the Service. Upon termination, your account will close immediately, and/or your right to access and use the Service will end immediately. Even after your rights under these Terms are terminated, all provisions of these Terms which by their nature should survive, will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, indemnification, release and binding arbitration and class action waiver. 

Disputes

If there is a dispute between us and you, we would like to meet with you and attempt to resolve the dispute. If we cannot resolve the dispute informally, and if you live or are a business in the United States, you and we agree to binding individual arbitration and not to sue in court before a judge or jury.

General

If you need help with video editing, we may be able to provide you with support. You can get in contact with us on our website.

No competitors are allowed to use Pixiko.

If we change these Terms, we will let you know. 

In the event of a disaster or pandemic, we may not be able to provide our Platform and Services to you.

For any questions and notices, please contact us at

info@pixiko.com