PixelGenie – Terms and Conditions
Last updated: 04/02/2025
Welcome to PixelGenie (the “Site” or “Service”). PixelGenie is operated by Digital Consulting Services AS, a Norwegian company (“we,” “us,” or “our”). These Terms and Conditions (the “Terms” or “Agreement”) govern your access to and use of the Site and all related services, including, without limitation, any features, content, applications, or functionality offered from time to time by PixelGenie in connection therewith (collectively, the “Services”).
By accessing or using any part of the Services, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this Agreement, then you may not access or use the Services.
1.1 Binding Agreement. By creating an account or otherwise using the Services, you agree to be bound by these Terms as well as our Privacy Policy. Certain features of the Services may be subject to additional guidelines, terms, or rules, which will be posted in connection with such features. All such additional terms and guidelines are incorporated by reference into these Terms.
1.2 Changes to Terms. We may modify or replace any part of these Terms at any time by posting a revised version on the Site or otherwise notifying you. Changes will become effective no sooner than fourteen (14) days after they are posted (unless the change is made for legal reasons, in which case it will become effective immediately). Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.
2.1 Age Requirement. By using the Services, you represent and warrant that you are at least 18 years of age (or the age of majority in your jurisdiction, whichever is greater). If you are under the legal age required in your jurisdiction, you must not use the Services.
2.2 Compliance with Laws. You agree to comply with all laws and regulations in your country of residence, the country from which you access the Services, and any other location whose laws apply to you. If your use of the Services is prohibited by applicable law, you are not authorized to use the Services.
3.1 Responsible Use. You agree that you will use the Services solely for lawful purposes. You will not use the Services to:
3.2 Prohibition on Inappropriate or Offensive Content. You agree not to use the Services to generate or share content that is:
3.3 Prohibition on Generating Nudes and Adult Content. You agree not to use the Services for the purpose of generating explicit nudity or adult content. We reserve the right to suspend or terminate your account if you violate this rule.
3.4 Protection of Minors. Under no circumstances may you upload, create, or generate content featuring minors or any person under the age of 18. We have zero tolerance for content involving minors. If we discover content involving minors, we will remove it and may report such content to relevant law enforcement authorities.
3.5 No Commercial Use without Proper Plan. Unless you are subscribed to our “Professional” or “Ultimate” plans, you may not use the Services (including any images generated by PixelGenie) for commercial purposes. You agree not to engage in for-profit activities with any imagery generated under a plan other than “Professional” or “Ultimate.”
3.6 No Reverse Engineering or Unauthorized Automation. You agree not to:
4.1 User Representations. By uploading any content (including but not limited to images, pictures, or text prompts) (collectively, “User Content”) to the Services, you represent and warrant:
4.2 License to PixelGenie. By uploading User Content, you grant PixelGenie (and its successors, assigns, and third-party service providers performing work on its behalf) a worldwide, non-exclusive, sublicensable, royalty-free, fully paid-up license to use, host, store, process, copy, transmit, display, and distribute such User Content as necessary to:
Note: We will only share User Content with third parties to the extent required for AI model training or to comply with legal obligations.
4.3 DMCA and Takedown Requests. If you believe your rights (or another party’s rights) have been infringed by content on the Service, please see the DMCA/Takedown Policy section below for how to notify us.
5.1 Ownership by PixelGenie. All images generated by or through the Services (the “Generated Images”) are, and shall remain, owned by PixelGenie (or its licensors). By using the Services, you understand and agree that PixelGenie retains all rights, title, and interest in and to any Generated Images.
5.2 Limited License to You
5.3 Restrictions. You may not sublicense, sell, assign, or transfer the Generated Images or any rights granted herein without our prior written consent. You may not remove any proprietary notices or labels on the Generated Images or otherwise claim ownership of the Generated Images.
6.1 Our Trademarks and Materials. The PixelGenie name, logo, and other trademarks, service marks, graphics, and logos used in connection with PixelGenie are trademarks or registered trademarks of Digital Consulting Services AS. All other trademarks and service marks that appear on the Site are the property of their respective owners.
6.2 Reservation of Rights. Except for the limited licenses expressly granted in these Terms, no other license is granted, no other use is permitted, and we (and our licensors) shall retain all rights, title, and interests (including all intellectual property and proprietary rights) in and to the Services, including all related technology, software, processes, and content.
7.1 Plans and Billing. We offer various subscription plans, including "Starter" or "Basic" tiers and our “Professional” or “Ultimate” plans for commercial use. By purchasing a subscription, you agree to pay the applicable fees and taxes. Subscription fees are non-refundable, except as required by law or otherwise specified.
7.2 Auto-Renewal. Your subscription will automatically renew at the end of each billing cycle unless you cancel before the renewal date. By subscribing, you authorize PixelGenie to automatically charge you the applicable subscription fee at the then-current rate, using the payment method on file, until you cancel. You can cancel your subscription at any time, but you will not receive a refund for any unused portion of your current billing cycle.
7.3 Changes to Pricing. We reserve the right to change our prices at any time. Any changes to pricing will not affect your existing subscription until your next renewal date.
7.4 No Commercial Use on Basic Plans. Users on the "Starter" or "Basic" plans are strictly prohibited from commercial use of the Services or the Generated Images. Commercial use is only permitted for users on the “Professional” or “Ultimate” plans.
8.1 Notice of Infringement. If you believe that any content available on or through the Services infringes your copyright, please send a written notice of infringement to:
Digital Consulting Services AS
Attn: PixelGenie Legal
Email: [email protected]
Your notice must comply with the requirements of the Digital Millennium Copyright Act (DMCA) or applicable local copyright law. We will respond promptly to remove or disable access to the allegedly infringing material and follow the statutory procedures for addressing the matter under applicable law.
8.2 Repeat Infringer Policy. We reserve the right to terminate the accounts of users who are deemed to be repeat infringers.
9.1 Termination by You. You may terminate your account or subscription at any time by following the instructions on the Site. Upon termination, you will not receive any refund of fees paid, unless otherwise required by law.
9.2 Termination by Us. We may suspend or terminate your access to the Services immediately and without notice if:
Upon termination, all rights and licenses granted to you in these Terms shall immediately cease, but Sections intended to survive (e.g., indemnification, limitation of liability) will remain in effect.
You agree to defend, indemnify, and hold harmless PixelGenie, Digital Consulting Services AS, and our affiliates, licensors, and service providers, and our and their respective officers, directors, contractors, employees, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Services, including your User Content and any use of the Generated Images in breach of these Terms.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
Some jurisdictions do not allow the exclusion of certain warranties or limitations on applicable statutory rights of a consumer, so some of the above exclusions and limitations may not apply to you.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL PIXELGENIE, DIGITAL CONSULTING SERVICES AS, OR OUR AFFILIATES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, DATA LOSS, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS EXCEED THE AMOUNT YOU PAID TO US FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY OR US $500, WHICHEVER IS GREATER.
13.1 Governing Law. These Terms, and any dispute arising out of or related to these Terms or the Services, will be governed by and construed in accordance with the laws of Norway, without giving effect to any conflicts of law principles.
13.2 Venue. Any disputes arising from or relating to these Terms shall be subject to the exclusive jurisdiction of the courts located in Norway, and you hereby consent to personal jurisdiction in those courts.
13.3 Injunctive Relief. Notwithstanding anything to the contrary, we reserve the right to seek injunctive or equitable relief in any competent court to protect our intellectual property rights or confidential information.
Your use of the Services is also governed by our Privacy Policy (linked or set forth separately), which describes how we collect, use, and disclose information about you. By using the Services, you acknowledge and agree to our Privacy Policy.
15.1 Entire Agreement. These Terms, together with any other legal notices and agreements published by us on the Site, constitute the entire agreement between you and PixelGenie regarding your use of the Services.
15.2 Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right under these Terms shall not constitute a waiver of such right.
15.3 Severability. If any provision of these Terms is held to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible, and the other provisions shall remain in full force and effect.
15.4 Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null. We may freely assign or transfer these Terms without restriction.
15.5 Contact Us. If you have any questions about these Terms or wish to report violations of these Terms, please contact us at:
Digital Consulting Services AS
Attn: PixelGenie Legal
[email protected]
By using PixelGenie, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. If you do not agree, you must discontinue using PixelGenie immediately.