GENERAL PROVISIONS

To access and use the HypnoPixels Services on the Website, you must create an account on the Website by providing your email address.

To access and use the HypnoPixels Services in the App, you must download the App from the App Store or Google Play. The account creation is not required to access and use HypnoPixels Services in the App.

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

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

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

You may not share or transfer your account. You may not disclose your password to any third party. You will not allow any other unauthorized third party to access your account or utilize the HypnoPixels Services. In case access to your account has been granted to a third party deliberately, by mistake, or in any other way, you acknowledge that we do not bear the responsibility.

You must notify us immediately of any breach of security or unauthorized use of your account and HypnoPixels Services or if you believe that your account or access may have been compromised.

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

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

You may get in touch with us about any matters regarding HypnoPixels Services via our contact form or by email at: support@hypnopixels.org.

SERVICES

The HypnoPixels Services are provided on a subscription basis (hereinafter referred to as the “Subscription”), requiring a subscription fee to access certain portions of the paid HypnoPixels Services. Some HypnoPixels Services may also be available free of charge, as detailed on the Website and in the App.

To access the paid HypnoPixels Services through the Website, you must register the account and place an order for the Subscription.

To access the paid HypnoPixels Services in the App, you must place an order for the Subscription without having to register an account.

Subscriptions may vary based on generation limitations, accrued credits, renewal periods, prices, and additional functionalities, all of which are detailed on the Website and in the App. Please note that one-month Subscriptions on the Website consist of 28 calendar days, whereas one-month Subscriptions in the App correspond to a full calendar month.

Upon purchasing the Subscription, you will receive a specific number of credits, depending on the chosen Subscription. These credits are required to perform content generation and are deducted each time a generation is executed. The number of credits consumed per generation will vary depending on the selected features and number of generations. If you lack the credits necessary for a generation, you may purchase additional credits via a one-time payment (the “One-Time Payment”).

Upon registration of your account or upon your access to the App, you may be eligible to test the paid HypnoPixels Services under the terms specified on the Website and in the App (hereinafter referred to as the “Trial”). The Trial on the Website and in the App may vary in functionality and conditions. We reserve the right to modify or terminate the Trial at any time and for any reason. You may not create multiple accounts or gain unauthorized access to the HypnoPixels Services with the purpose of abusing the Trial. Abuse of the Trial may result in suspension of the HypnoPixels Services.

Upon the termination of the Trial, the Subscription will automatically commence on a periodic basis for a fee as specified on the Website and in the App.

You may cancel your Subscription via your account on the Website, in the App (or through App Store or Google Play), or by contacting our support team.

BILLING PROCEDURE (APPLICABLE TO THE PAID SERVICES ONLY)

We must receive payment before the paid HypnoPixels Services are provided and/or activated. While placing the order for the paid HypnoPixels Services, you should complete the required payment information.

You agree to pay the fees and charges presented to you at the time of the Subscription purchase or when making the One-Time Payment.

Please note that the price of Subscriptions and One-Time Payments is displayed to you in U.S. dollars (or EUR, if applicable), although the charge will be in a local currency.

Upon successful payment, you will receive a payment notification. All receipts are available upon request.

Payments are accepted through payment instruments as indicated on the Website and in the App. Any alternative payment methods, such as checks or wire transfers, require explicit prior written consent, which may be granted at our sole discretion. We utilize secure online payment systems, enabling us to encrypt the transmission of your payment data.

You are responsible for keeping your payment and contact information accurate and up-to-date.

Subscriptions automatically renew unless auto-renewal is disabled at least 24 hours before the end of the current Subscription period. If auto-renewal is not disabled through your account settings or with the assistance of our support team, you will be charged for the subsequent Subscription period.

Please note that failure to disable auto-renewal will not entitle you to a refund for the Subscription period.

CONTENT AND ARTWORKS

Subject to your adherence to the Terms of Use, you have the right to use the results generated by the HypnoPixels Service (hereinafter referred to as the “Artworks”) for any legal purpose, including commercial use, regardless of the type of HypnoPixels Services you used.

ANY USE OF THE ARTWORKS IS AT YOUR OWN RISK AND IS SOLELY YOUR RESPONSIBILITY. YOU ARE SOLELY RESPONSIBLE FOR THE USE OF ANY ARTWORKS GENERATED BY YOU VIA THE SERVICE, AND THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING SUCH USE. YOU HEREBY RELEASE THE 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 while using the HypnoPixels 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 to enhance our safety efforts, develop and improve our technologies, products, services, and promote the HypnoPixels Services 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 potentially unauthorized or unlicensed use of your text, data, information, username, handle name, files, images, avatars, graphics, sounds, music, videos, audio clips, links, and/or other similar materials (hereinafter referred to as the “Content”), you agree to notify the Company in writing by sending us an email at support@hypnopixels.org.

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 Content and that your Content will not be defamatory and 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 Terms of Use. You assume all risk and responsibility for determining whether you may lawfully post or otherwise distribute any of your Content, and we have no obligation to evaluate, screen, or monitor any of 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 violate any agreements or other rights or grants.

It is imperative that you comply with these Terms of Use, and refrain from using the Services in any unlawful manner that may harm individuals or infringe upon their rights. In case no license or rights are granted to you to use the name, image, likeness, voice, or biographical information of any person, whether a celebrity or otherwise, any use of such material is prohibited and 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 generated Content or suspend or ban you from the Services for any violations of these Terms of Use.

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

You acknowledge and agree that the use of the HypnoPixels Services 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 AND PRIVACY

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

You acknowledge that you may provide your personal information to the Company and payment providers (financial institutions which process payments for us) while placing an order for the HypnoPixels 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 Services. 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 Services 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 the 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 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 generate or disseminate information for the purpose to be used in the 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 the 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 CREATIVEML OPEN RAIL++-M LICENSE. THUS, YOU HEREBY RELEASE THE 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 Services and assume any risks associated with such use.

LIABILITY AND WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY, ITS AFFILIATES, LICENSORS, AND BUSINESS PARTNERS (COLLECTIVELY, THE “RELATED PARTIES”) DISCLAIM ALL LIABILITY TO YOU (OR TO ANY PERSON CLAIMING THROUGH YOU TO WHOM YOU MAY HAVE PROVIDED INFORMATION THAT YOU OBTAINED FROM THE COMPANY AS A RESULT OF ITS SERVICES), WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIMS ALL LOSSES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE HYPNOPIXELS SERVICES, EVEN IF WE AND/ OR RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

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 AND THE APP. 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 THE 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 THE COMPANY. ACCESS TO THE HYPNOPIXELS SERVICES 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.

WE ARE NOT RESPONSIBLE IF THE HYPNOPIXELS SERVICES ARE USED UNLAWFULLY BY USERS OR WITH UNLAWFUL PURPOSES. THE HYPNOPIXELS SERVICES ARE PROVIDED AND DEVELOPED WITH LEGAL PURPOSES 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 SERVICES. IF YOU BECOME AWARE THAT THE HYPNOPIXELS SERVICES ARE USED OR WERE USED UNLAWFULLY, YOU CAN NOTIFY US, AND WE WILL ADOPT THE BEST EFFORTS TO STOP THE UNLAWFULLY HYPNOPIXELS SERVICES USING.

WE MAY TERMINATE ANY SUBSCRIPTION AND/OR YOUR ACCESS TO THE HYPNOPIXELS SERVICES AT ANY TIME, FOR ANY APPROPRIATE REASON, INCLUDING WITHOUT LIMITATION FOR ANY VIOLATION OF THESE TERMS OF USE.

THE HYPNOPIXELS SERVICES 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 HYPNOPIXELS SERVICES. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT.

THE USE OF THE HYPNOPIXELS SERVICES IS AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT THE 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 SERVICES FOR THE ACCURACY OR COMPLETENESS OF INFORMATION SUPPLIED THROUGH HYPNOPIXELS SERVICES. WE DO NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE HYPNOPIXELS SERVICES AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE HYPNOPIXELS SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE HYPNOPIXELS SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

NO ORAL OR WRITTEN REPRESENTATION, ADVICE, OR STATEMENT MADE BY US OR ON OUR BEHALF, WHICH IS NOT EXPRESSLY CONTAINED IN THESE TERMS OF USE, 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.

BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.

LIMITATIONS OF USE

By accessing and using the HypnoPixels Services, you warrant, on behalf of yourself and any other parties you may represent, that you will not:

• Modify, copy, prepare derivative works of, decompile, access, or reverse engineer any materials, software and code contained on the Website and in the App.
• 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 the App, or bypass any security measures to obtain materials, pictures, documents, or other information not intentionally provided by the Website and the App.
• Remove any copyright or other proprietary notations from any materials and software on the Website and in the App.
• Attempt to gain unauthorized access to any part or feature of the Website or the App, other systems or networks connected to the Website, App, any Company server, or any service offered on the Website and in the App by hacking, password “mining,“ or any other prohibited method.
• Probe, scan, or test the vulnerability of the Website and the App or any network connected to them or attempt to breach any security or authentication measures on the Website and in the App.
• Transfer the materials to another person or “mirror” the materials on any other server.
• Knowingly or negligently use the Website, App or any of its associated services in a manner that abuses or disrupts our networks or any other service provided by the Company.
• Take any action that imposes an unreasonable or disproportionately large load on our infrastructure, systems, networks, or any other connected systems or networks.
• Use the HypnoPixels Services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material.
• Use the HypnoPixels 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 HypnoPixels Services, or use robots, crawlers and similar applications to collect and compile Content from the HypnoPixels Services, or send data to or from the HypnoPixels Services for the purposes of competing with the HypnoPixels Services or in such ways that may impair the HypnoPixels Services’ functionality;
• Take any action that imposes (as determined at the Company’s discretion) an unreasonable or disproportionately large load on the servers or other cloud infrastructure which operate or support the HypnoPixels Services, systematically abuse or disrupt the integrity of such servers or infrastructure, or send automated queries;
• Use the HypnoPixels Services in conjunction with sending unauthorized advertising or spam.
• Harvest, collect, or gather user data without the user's consent.
• Use the HypnoPixels 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 HypnoPixels Services or any transaction conducted on the Website or the App or with any other person's use of the Website or the App.
• Misrepresent your identity or the origin of any message or transmission you send to the Company through the Website or the App, including forging headers or impersonating another person.
• Use the HypnoPixels Services in an unlawful manner or in a way that could damage, disparage, or negatively impact the Company.
• Publicly perform, display or communicate the HypnoPixels Services.
• Circumvent, disable or otherwise interfere with security-related features of the HypnoPixels Services, or publicly identify any security vulnerabilities in them.
• Employ any hardware, software or technique to pool connections, devices or users that use the HypnoPixels Service (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 a violation of these Terms of Use and the rights of the Company and/or other copyright owners. If you breach this restriction, you may be subject to legal action and damages.

INTELLECTUAL PROPERTY

All intellectual property rights on the Website and in the App, except those used by us under relevant licenses, belong to and are vested in the Company or its licensors and are protected by the applicable law and international copyright laws.

Unauthorized use of our trademarks, service marks or logos is a violation of the applicable trademark laws and international intellectual property treaties and laws.

You may not use or reproduce any part of the Website or the App in any manner without first obtaining prior written permission from the Company.

END-USER LICENSE CONDITIONS

The Company grants you a limited, non-exclusive, non-transferable revocable license (hereinafter referred to as the “License”) to use the HypnoPixels Services.

It is understood and agreed that the Company is the owner of all rights, title, and interest in and to the original, and any copies of the HypnoPixels Services 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 relevant licenses. You, as a licensee, through your use of the HypnoPixels Services, do not acquire any ownership rights to the HypnoPixels Services. The HypnoPixels Services are protected by copyright laws and international copyright treaties. The rights granted in this license are limited to the right to use the HypnoPixels Services and do not include any other intellectual property rights.

The HypnoPixels Services are designed for legal use only. The Company cannot provide you with legal advice regarding your use of HypnoPixels Services. You should consult your legal advisor regarding the legality of using the HypnoPixels Services in the manner you intend to use it before using the HypnoPixels.

The Company may provide upgrades, modifications, or additions (hereinafter referred to as the “Modifications”) to the HypnoPixels Services during the term of the License. The conditions of these Terms of Use shall be applied to any such Modifications unless such Modifications are accompanied by a separate license, in which case the terms of that license will be applied.

In order to use and access the HypnoPixels Services, an internet connection is necessary. The Company will not be responsible if you are not able to get access to the HypnoPixels Services due to problems with your internet connection or its absences.

The term of this License runs concurrently with the term of your Subscription. Your rights under this License will terminate automatically without notice from the Company if you fail to comply with any term(s) of these Terms of Use.

PROHIBITED CONDUCT

You are strictly prohibited to use the HypnoPixels Services in order to:

• Use someone else's Content without permission.
• Use the Content in the HypnoPixels Services that you do not own or do not have the right to use.
• Create or share violent Content.
• Use any nudity Content for purposes other than educational, documentary, scientific, or artistic purposes.
• Create or post Content of minors in sexual or intimate situations.
• Post spam, fake giveaways, or repetitive Content.
• Spread misleading information or fake news.
• Engage in illegal activities or support illegal entities.
• Post threats, harassment, hate speech, or personal information disclosure.
• Discriminate based on age, citizenship, color, creed, disability, family status, gender, occupation, marital status, race, sexual orientation, military service, or victimhood.
• Create or share Content related to self-harm or suicide.

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 Apache Apache License 2.0.

Copyright 2023 XPixelGroup. Licensed under the Apache License, Version 2.0 (hereinafter referred to as the “License“). You may obtain a copy of the License at: http://www.apache.org/licenses/LICENSE-2.0.

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. By utilizing the HypnoPixels Services, 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 based on 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, account or the App.

REFUND POLICY

To request a refund, please reach out to customer support at support@hypnopixels.org, App Store support: https://support.apple.com/en-in/118223 (if applicable) or Google Play support: https://support.google.com/googleplay/answer/2479637?hl=en (if applicable).

The Company does not provide any partial or full refunds once the Subscription period has started, except for the following:

• cases specified in these Terms of Use;
• if decided at our sole discretion on a case-by-case basis;
• if granted to you by applicable laws;
• if provided by App Store and Google Play policies (if applicable).

We warrant refunds in case you are not satisfied with the HypnoPixels Services 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 the Company. Notwithstanding the above, the right to receive a refund within the 14-day period is subject to not using the paid HypnoPixels Services. But if you successfully used the HypnoPixels Services within the Trial period and you didn’t turn off automatic renewal, you were charged for full price and continued to use the HypnoPixels Services, you may be deprived of the right to refund.

MISCELLANEOUS

We may assign our rights and obligations under these Terms of Use, in whole or in part, to any person or entity at any time, with or without your consent.

You may not assign your rights and obligations under these Terms of Use without our consent.

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

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

These Terms of Use are regulated by the laws of Estonia. All disputes or claims in connection with these Terms of Use must be resolved within 30 calendar days by negotiations. If negotiations do not work, the courts of Estonia must resolve such disputes or claims under Estonian law.

These Terms of Use are available in English. If there are any differences between the English version and any other versions and the translation to another language, the English version will be the correct one.

For more information, please contact us via our contact form or by email at: support@hypnopixels.org.