TERMS OF SERVICE
Last updated October 23, 2026
AGREEMENT TO OUR LEGAL TERMS
We are Nextaix Studio, an independently operated studio based in China ("we," "us," "our").
We operate the mobile application PixAI (the "App"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").
You can contact us by email at support@nextaix.com.
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Nextaix Studio, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Services from time to time are incorporated herein by reference where applicable. We may make changes or modifications to these Legal Terms from time to time. We will identify changes using the "Last updated" date and provide notice or obtain consent where required by applicable law. Revised terms do not remove mandatory consumer rights or retroactively reduce accrued purchase rights. Please periodically review these Legal Terms to stay informed of updates.
Minors may use the Services where permitted by applicable law. You must have legal capacity to accept these Legal Terms or obtain any required parent or guardian authorization.
We recommend that you print a copy of these Legal Terms for your records.
TABLE OF CONTENTS
2. INTELLECTUAL PROPERTY RIGHTS
8. USER GENERATED CONTRIBUTIONS
10. MOBILE APPLICATION LICENSE
11. THIRD-PARTY WEBSITES AND CONTENT
16. MODIFICATIONS AND INTERRUPTIONS
24. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
25. CALIFORNIA USERS AND RESIDENTS
1. OUR SERVICES
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
PixAI is an Android application for reviewing, comparing, and organizing photos and videos on your device. Similarity groups, duplicate suggestions, quality scores, and storage estimates assist your review and may contain errors; you remain responsible for checking your selections before deletion.
Moving an item to Trash marks it for review inside the App and does not by itself guarantee a system backup or recovery copy. You can remove an item from pending Trash before final deletion. Final deletion uses Android media APIs and any system confirmation required by the device. Recovery after final deletion depends on independent device or backup services and is not guaranteed by PixAI.
The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").
Your own photos, videos, and other media remain yours or the property of their respective rights holders. Selecting, scanning, or deleting media does not transfer ownership to us or grant us a right to publish it. Open-source software and third-party materials remain subject to their applicable licenses.
Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.
The Content and Marks are provided in or through the Services "AS IS" for your personal, non-commercial use or internal business purpose only.
Your use of our Services
Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive, non-transferable, revocable license to:
· access the Services; and
· download or print a copy of any portion of the Content to which you have properly gained access,
solely for your personal, non-commercial use or internal business purpose.
Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: support@nextaix.com. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.
Your submissions
Please review this section and the "PROHIBITED ACTIVITIES" section before sending us questions, suggestions, or feedback about the Services. The App does not provide a public content-posting service.
Submissions: By directly sending us a question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you retain your existing intellectual property rights. You permit us to use your suggestions and feedback to respond and improve the Services, without compensation, subject to the Privacy Policy and applicable law. This permission does not transfer ownership of your media or authorize public disclosure of your personal information.
You are responsible for what you send: By sending us Submissions you:
· confirm that you have read and agree with our "PROHIBITED ACTIVITIES" and will not post, send, publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
· warrant that any such Submission are original to you or that you have the necessary rights and licenses to submit such Submissions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions; and
· Do not include confidential information that is unnecessary for your support request.
You are solely responsible for your Submissions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.
3. USER REPRESENTATIONS
By using the Services, you represent and warrant that: (1) you agree to comply with these Legal Terms through your own legal capacity or any authorization required by law; (2) if required by applicable law, you have parent or guardian authorization; (3) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (4) you will not use the Services for any illegal or unauthorized purpose; and (5) your use of the Services will not violate any applicable law or regulation.
If materially inaccurate information is used to obtain paid access fraudulently or otherwise breach these Legal Terms, we may take proportionate action permitted by law and the applicable platform rules. The App does not require a separate PixAI user account.
4. PURCHASES AND PAYMENT
Purchases in the Android App are processed through:
- Google Play billing, using payment methods supported by Google Play.
You agree to provide accurate information required by Google Play for purchases. The price, currency, taxes, billing period, and any offer conditions are shown at purchase. Payment details are managed through Google Play; we do not receive your full card information. Price changes are subject to applicable law and platform notice and consent requirements.
You agree to pay the charges displayed in the confirmed purchase flow, including applicable taxes. These purchases are digital products and do not involve shipping fees. Corrections to pricing or purchase errors are subject to applicable consumer law and Google Play rules.
Fraudulent or unauthorized transactions may be refused, canceled, or refunded as permitted by applicable law and Google Play rules. Purchase restrictions must not remove non-waivable consumer rights.
5. SUBSCRIPTIONS
Billing and Renewal
Your subscription will continue and automatically renew unless canceled. You consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. The length of your billing cycle is weekly.
A one-time Premium unlock is a separate, non-recurring purchase, not a subscription. Where offered, PixAI Pro is a separately purchased application. The features included in each option are those described in its purchase display; buying one option does not automatically transfer an entitlement to another application package. A one-time or "Lifetime" label does not create a separate cloud backup service or guarantee that every future product is included.
Free Trial
A free trial or introductory discount is available only when shown in the Google Play purchase offer for your account. Its duration, eligibility, discounted billing periods, subsequent price, and renewal terms are shown before confirmation. Unless canceled as required by the offer, an eligible trial converts to the paid subscription described in that offer.
Cancellation
You can manage or cancel a subscription through Google Play subscription management using the Google Account that made the purchase. You can also use the App's Manage subscriptions entry. Follow Google Play's cancellation instructions before the applicable renewal or trial deadline. Uninstalling the App or clearing its data does not cancel a subscription. Access normally continues until the end of the paid term, subject to applicable law and platform rules. For help, email support@nextaix.com.
Fee Changes
We may, from time to time, make changes to the subscription fee and will communicate any price changes to you in accordance with applicable law.
6. POLICY
Please review the Subscription Terms before purchasing. Refund requests can be made through Google Play or by contacting support@nextaix.com. Applicable statutory refund and consumer rights are not excluded.
7. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that for which we make the Services available. Lawful review and organization of your own or authorized media, including internal business use permitted by these Legal Terms, is allowed.
As a user of the Services, you agree not to:
· Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
· Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
· Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
· Use the Services to threaten, harass, or unlawfully harm us or others. This does not restrict honest reviews, lawful criticism, or exercising consumer rights.
· Use any information obtained from the Services in order to harass, abuse, or harm another person.
· Make improper use of our support services or submit false reports of abuse or misconduct.
· Use the Services in a manner inconsistent with any applicable laws or regulations.
· Engage in unauthorized framing of or linking to the Services.
· Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
· Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
· Delete the copyright or other proprietary rights notice from any Content.
· Attempt to impersonate another user or person or use the username of another user.
· Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").
· Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
· Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
· Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
· Copy or adapt the Services' proprietary software without authorization, except as permitted by applicable law or an applicable open-source license.
· Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
· Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.
· Use a buying agent or purchasing agent to make purchases on the Services.
· Use information obtained through the Services for unsolicited contact, impersonation, or fraud.
· Resell or redistribute the Services' proprietary software or Content without authorization, except as permitted by law or the applicable license.
8. USER GENERATED CONTRIBUTIONS
The Services do not provide a public posting or broadcast platform. In this section, "Contributions" means material you choose to send to us for support or feedback. It does not mean media scanned or organized only on your device. When you send Contributions, the following requirements apply to the extent relevant to what you send and permitted by law:
· The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
· You are the creator or owner of, or have the rights and permissions necessary to send, the Contributions for the support or feedback purpose for which you provide them.
· You have any permissions required by applicable law to send information about identifiable people in your Contributions.
· Your Contributions are not false, inaccurate, or misleading.
· Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
· Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
· Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
· Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
· Your Contributions do not violate any applicable law, regulation, or rule.
· Your Contributions do not violate the privacy or publicity rights of any third party.
· Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
· Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
· Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.
Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.
9. CONTRIBUTION LICENSE
You and Services agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).
By submitting suggestions or feedback, you permit the use described in section 2. Personal information remains subject to the Privacy Policy; this permission does not authorize unrestricted publication of your media or support correspondence.
We do not assert ownership over your Contributions. You retain your intellectual property and other proprietary rights. You remain responsible for material you choose to send, subject to applicable law. Nothing in this section waives a right or remedy that cannot lawfully be waived.
10. MOBILE APPLICATION LICENSE
Use License
If you access the Services via the App, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, and to access and use the App on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Legal Terms. You shall not: (1) except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the App; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the App; (5) use the App for an unlawful purpose or resell its proprietary software without authorization; (6) make the App available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the App for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the App; (8) use the App to send automated queries to any website or to send any unsolicited commercial email; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App.
Android Devices
The following terms apply when you obtain the Android App through Google Play (the "App Distributor"): (1) your use is subject to Google Play's applicable usage rules; (2) we provide support as described in these Legal Terms or required by law; (3) purchase and refund procedures are subject to Google Play rules and your mandatory consumer rights; and (4) you must comply with applicable export restrictions and third-party terms.
11. THIRD-PARTY WEBSITES AND CONTENT
The Services may contain (or you may be sent via the App) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Legal Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
12. ADVERTISERS
The Services use third-party advertising services to display advertisements in the App. We integrate those services and remain responsible for obligations applicable to our own processing and service. Providers and their data handling are described in the Privacy Policy.
13. SERVICES MANAGEMENT
We may investigate misuse, respond to support reports, address security or legal issues, and restrict unlawful or fraudulent access to services we control as permitted by law. The App does not provide public content hosting, and this section does not grant us a right to remotely delete media from your device. Paid entitlements and mandatory consumer rights remain subject to applicable law and platform rules.
14. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy, which is incorporated into these Legal Terms where applicable. Core media scanning is performed on your device. Third-party technical services and information you choose to send are addressed separately in that notice. Acceptance of these Legal Terms does not replace consent or another legal requirement where required for personal information processing or an international transfer.
15. TERM AND TERMINATION
These Legal Terms remain in effect while you use the Services. We may restrict or terminate access to services or entitlements we control for a material breach, fraud, unlawful use, or a legal requirement, subject to applicable notice, platform rules, and mandatory rights. This does not give us remote control over media stored on your device.
If access is lawfully restricted, you must not evade that restriction through fraud or impersonation. We may pursue remedies available under applicable law. PixAI does not require a separate user account.
16. MODIFICATIONS AND INTERRUPTIONS
We may change, modify, or remove parts of the Services, subject to applicable law and platform rules. Material changes affecting paid access are also subject to the Subscription Terms, including any notice, refund, or other remedy required by law.
We cannot guarantee that the Services will be available at all times. Hardware, software, maintenance, platform, or connectivity issues may cause interruptions, delays, or errors. Any limitation on remedies for interruption is subject to applicable law, mandatory support obligations, and rights associated with paid purchases.
17. GOVERNING LAW
These Legal Terms are governed by the laws of China, except to the extent mandatory laws applicable to you require otherwise. This choice does not deprive consumers of non-waivable protections or access to a competent court under applicable law.
18. DISPUTE RESOLUTION
Informal Negotiations
To help resolve a dispute about these Legal Terms, you and we may first seek an informal resolution by contacting support@nextaix.com. We suggest allowing thirty (30) days for discussion where practical. This does not prevent urgent relief, a complaint to a regulator, or timely exercise of a statutory right.
Court Proceedings
If a dispute is not resolved informally, either party may bring it before a court with jurisdiction under applicable law. These Legal Terms do not themselves impose mandatory arbitration, a particular hearing language, or a venue that overrides non-waivable consumer rights.
Restrictions
Any procedural restriction applies only to the extent permitted by applicable law. These Legal Terms do not waive a non-waivable right to collective, representative, small-claims, or other statutory proceedings.
Exceptions to Informal Negotiations
Either party may seek urgent or protective relief, including for intellectual property infringement, theft, unauthorized use, or invasion of privacy, without waiting for informal discussions. Regulatory complaints and mandatory consumer remedies are not restricted by this section.
19. CORRECTIONS
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We may correct errors or update information, subject to the notice, consent, confirmed-purchase, and mandatory consumer protections stated elsewhere in these Legal Terms and the Subscription Terms.
20. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Nothing in this disclaimer excludes warranties, liability, or remedies that cannot lawfully be excluded, including mandatory consumer guarantees. The allocation of responsibility for third-party services does not remove obligations applicable to our own acts or omissions.
21. LIMITATIONS OF LIABILITY
TO THE EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO THE EXCEPTIONS BELOW, WE WILL NOT BE LIABLE FOR INDIRECT OR CONSEQUENTIAL LOSSES ARISING FROM YOUR USE OF THE SERVICES. DIRECT LOSSES ARE SUBJECT TO THE LAWFUL CAP BELOW AND ITS EXCEPTIONS. SUBJECT TO THE EXCEPTIONS BELOW AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, OUR LIABILITY TO YOU ARISING FROM YOUR USE OF THE SERVICES WILL BE LIMITED TO THE TOTAL FEES PAID BY YOU FOR THE RELEVANT PIXAI PURCHASE, INCLUDING SUBSCRIPTION FEES AND ANY ONE-TIME UNLOCK FEE, DURING THE twelve (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
The preceding exclusions and cap apply only to the extent permitted by applicable law. They do not exclude or limit liability for fraud, willful misconduct, gross negligence, personal injury, or any other liability that cannot lawfully be excluded or limited. They do not limit statutory refund, repair, replacement, or other mandatory consumer remedies.
22. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party, but only to the extent directly caused by your unlawful conduct, infringement of third-party rights, or material breach of these Legal Terms, including: (1) your unlawful use of the Services or use that materially breaches these Legal Terms; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services with whom you connected via the Services. We may assume the defense and control of a claim covered by this indemnity and request your reasonable cooperation. Any costs recoverable from you must be reasonable, necessary, and recoverable under applicable law. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
This indemnification applies only to the extent permitted by applicable law and does not require you to indemnify us for our own unlawful conduct or waive mandatory consumer protections.
23. USER DATA
The App maintains local media indexes, review states, caches, and preferences for its functions. These records are not a backup of your original media. PixAI does not provide a routine cloud media backup or guarantee recovery of deleted files. Before final deletion, review selections and maintain any independent backup you need. Technical service and support records are described in the Privacy Policy. Nothing in this section excludes liability or remedies that cannot lawfully be excluded.
24. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Using the Services and sending us email are forms of electronic communication. Where permitted by applicable law, notices and transaction records may be provided electronically through the Services, Google Play, or contact details you supply. Any consent, signature, delivery, or record-retention requirement that cannot lawfully be waived remains applicable.
25. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
26. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us.
Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign our rights or obligations only as permitted by applicable law, with any notice or consent required by law, and without reducing your non-waivable rights or accrued purchase rights. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services.
27. CONTACT US
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:
Nextaix Studio