Last Updated: 2025-04-15

These Terms of Service (“Terms”) govern your access to and use of the services provided by Pixible (“Company,” “we,” “us,” or “our”). By using our service—which includes professional data collection, AI model fine-tuning, and delivery of outputs through our Dashboard—you agree to these Terms. If you do not agree with these Terms, you must immediately stop using the Service.

For any questions regarding these Terms, please contact us at:

Email: office@pixible.ai

1. Definitions

For these Terms, the following definitions apply:

• “Service”

  The Service provided by Pixible comprises:

  • Professional photoshoots and data collection to create high-quality training datasets.
  • Fine-tuning AI models based on those datasets.
  • Integrating the fine-tuned models with our technical systems to deliver Outputs.
  • Delivery of these Outputs through our Dashboard.
  • Any updates, modifications, or enhancements to the foregoing components.

• “Inputs”

  All data and materials that you submit or upload to the Service.

• “Outputs”

  The digital content delivered by processing your Inputs through our Underlying Technology.

• “Fine-Tuned Model”

  The customized AI model trained on an individual high-quality training dataset. Pixible retains all intellectual property rights in the Fine-Tuned Model.

• “Underlying Technology”

  The proprietary systems, software, algorithms, and processes enabling the Service. All improvements and enhancements remain the exclusive property of Pixible.

• “Dashboard”

  The online dashboard provided by Pixible through which you interact with the Service, submit Inputs, and access Outputs.

2. Service Description

Pixible’s Service is a research-oriented service designed to train fine-tuned AI models tailored to your training dataset. The key components of the Service are as follows:

2.1 Data Collection

• Professional Photo Shoots:

  Pixible conducts professional photo shoots to capture high-quality images, ensuring the training data is of the highest standard.

• Dataset Formation:

  The images collected are curated and compiled into a high-quality training dataset that serves as the foundation for AI model fine-tuning.

2.2 Model Fine-Tuning and Training

• Customization through Fine-Tuning:

  The curated training dataset is used to fine-tune an AI model. This process customizes the model’s performance to meet specific requirements derived from your dataset.

• Technical Integration:

  The fine-tuning process is supported by our Underlying Technology, which includes proprietary software, algorithms, and processes necessary for effective model training.

• Intellectual Property Rights:

  All intellectual property rights in the Fine-Tuned Model are retained exclusively by Pixible. By using our Service, you receive a licensed right to access and use the model’s outputs while the Fine-Tuned model, technical innovations, and fine-tuning methods remain proprietary.

2.3 Integration and Technical Systems

• System Integration:

  The Fine-Tuned Model is integrated into our Underlying Technology, which comprises the specialized software, algorithms, and processing techniques required for effective output delivery.

• Prompt Optimization:

  Our technical systems include prompt optimization processes that refine user-provided Inputs, thereby enhancing the quality of Outputs.

2.4 Output Delivery

• Outputs:

  Once the model has been fine-tuned, the Service uses the optimized model to deliver digital Outputs.

• Delivery Through the Dashboard:

  Outputs are delivered to you via Pixible’s Dashboard, where you can view, and download them.

• Rights Assignment:

  Upon creation, full rights to the delivered Outputs are assigned to you, allowing for flexible use, modification, and distribution.

2.5 Continuous Improvement

• Ongoing Enhancements:

  Pixible continually updates its fine-tuning methodologies and training processes to incorporate advancements in AI technology. Such updates may include improvements in data processing, optimization techniques, and overall model performance.

3. Eligibility

• Age Requirement: By using the Services, you confirm that you are at least 18 years old or the age of majority in your jurisdiction. If you are under the age of majority, you may only use the Services under the supervision of a parent or legal guardian who agrees to these Terms on your behalf.
• Legal Capacity: You represent that you have the legal capacity to enter into this agreement and comply with these Terms. If you are using the Services on behalf of a company or organization, you represent that you have the authority to bind that entity to these Terms.
• Compliance with Laws: You agree to use the Services in compliance with all applicable laws, rules, and regulations in your jurisdiction.

4. Photo Shoot Terms

• Ownership of Photoshoot Content:
  • All photos taken during a photoshoot organized by Pixible are owned by Pixible.
  • You are granted a non-exclusive, royalty-free license to use the photos solely for purposes related to the Services provided by Pixible.
• Quality Assurance:
  • Pixible guarantees that photo shoots will meet the quality standards required for AI model fine-tuning.
  • If the photos do not meet these standards due to technical issues or errors by Pixible or its photographers, you are entitled to a re-shoot at no additional cost.
• Use of Photos for AI model fine-tuning:
  • By participating in a photo shoot, you grant Pixible the right to use the captured images to:
    • Fine-tune AI models specific to your use.
    • Improve Pixible’s AI algorithms and Underlying Technology.
  • Pixible will not use photoshoot images for marketing or public display without your explicit opt-in consent.
• Scheduling and Cancellation:
  • Photoshoot appointments must be scheduled in advance. Changes or cancellations must be made at least 48 hours before the appointment to avoid cancellation fees.
  • Pixible reserves the right to cancel or reschedule photoshoots due to unforeseen circumstances, such as technical issues or photographer availability.
• Pricing and Refunds:
  • The cost of the photo shoot will be clearly outlined at the time of booking. Payment must be made in advance to secure your appointment.
  • Refunds for photo shoots are only provided in cases of:
    • Technical failures that prevent usable photos from being taken.
    • Cancellation by Pixible.
  • Refunds will not be provided for dissatisfaction with the AI model fine-tuned from photos taken during the photo shoot.

5. License Grant and Ownership

5.1 Inputs

• You retain ownership of all images, photos, and materials you upload or provide to Pixible for use in the Services.
• By submitting Inputs, you grant Pixible a worldwide, non-exclusive, royalty-free license to:
  • Use, process, and store your content to train AI models and provide the Services.
  • Improve and develop Pixible’s underlying technology (anonymized data, if applicable).
• You represent and warrant that you have all necessary rights to upload and use the Inputs and that it does not infringe any third-party rights.

5.2 Fine-Tuned Model and Underlying Technology

• Pixible retains full ownership of all AI models trained using the Inputs you upload or provide, as well as any content produced during photo shoots organized by Pixible. This ownership extends to all underlying algorithms, training processes, and related technological methods used to create, operate, and improve these models.

5.3 User License

• Access License:

  Subject to your compliance with these Terms, Pixible grants you a non-transferable, non-sublicensable license to access and use the delivered Outputs of the Fine-Tuned Model exclusively through our Dashboard.

• Output Ownership:

  You are assigned full and exclusive rights to all digital Outputs delivered through the Service upon creation. You may use, reproduce, modify, and distribute these Outputs for any lawful purpose.

  • Pixible retains a non-exclusive, royalty-free license to use Outputs for:
    • Improving and further developing Pixible’s underlying technology.
    • Marketing and showcasing purposes, with explicit opt-in consent from you.

5.4 Company Rights

• Retention of Intellectual Property:

  All intellectual property rights, title, and interest in the Fine-Tuned Model and the Underlying Technology—including all proprietary software, algorithms, processes, and methodologies used in model fine-tuning and prompt optimization—are retained exclusively by Pixible.

• No Transfer of Technology:

  This license does not grant you any rights to the Underlying Technology, and you agree not to attempt to reverse-engineer, decompile, or otherwise replicate any part of Pixible’s technical systems.

• License Scope:

  While you are granted full rights over Outputs, your right to access the delivered Outputs of the Fine-Tuned Model is limited strictly to the Service as provided via the Dashboard. Any additional or commercial use of the underlying model technology is not authorized under these Terms.

6. Fees and Payment

• Onboarding Fee:

  Upon initiating the Service, you agree to pay a one-time onboarding fee. This fee covers the costs associated with:

  • Professional photoshoots and data collection.
  • Curation and preparation of a high-quality training dataset.
  • Fine-tuning an AI model based on your dataset.
  • Integration of the fine-tuned model into our Underlying Technology.

• License Fee:

  By acquiring a license to the Service, you agree to pay a recurring license fee that grants you access to use the delivered Outputs of the Fine-Tuned Model via our Dashboard. This fee covers the cost of the technical integration and maintenance of the Service.

• Billing Cycle:

  Fees are billed regularly in advance. Your license will automatically renew each period unless you cancel your license before the renewal date.

• Price Changes:

  Pixible reserves the right to adjust license fees periodically. Any changes will be communicated in advance via email or posted notice on the Dashboard. Continued use of the Service after such changes constitutes your acceptance of the new fees.

• Non-Refundable and Refund Policy:

  All fees, including the onboarding fee and recurring license fees, are non-refundable except as required by applicable law or as otherwise specified in writing by Pixible. If you experience technical issues that prevent access to the Service, you must contact our support team within 14 days of the incident. Upon verification of such technical errors, Pixible may, at its sole discretion, issue a partial or full refund.

• Authorization:

  By acquiring a license to the Service, you authorize Pixible to charge the applicable license fee to your designated payment method regularly.

• Taxes:

  Prices displayed may not include applicable taxes (e.g., VAT, GST, or sales tax). You are responsible for any taxes or fees required by your jurisdiction, which will be calculated and displayed at checkout if applicable.

• Failed Payments:

  If a payment fails, your access to the service may be suspended until the issue is resolved. Pixible is not responsible for delays caused by failed transactions.

• Promotions and Discounts:

  Pixible may offer promotions or discounts at its discretion. Such offers are time-limited and subject to specific eligibility criteria outlined at the time of the promotion.

  Misuse of promotional codes may result in account suspension or revocation of the offer.

7. User Obligations and Restrictions

• Accurate and Complete Information:

  You agree to provide accurate, complete, and current information when using the Service and to promptly update such information as necessary.

• Content Rights:

  You represent and warrant that any Inputs (data or materials) you submit or upload to the Service are either your own or that you have obtained all necessary rights, licenses, or permissions to use such content for model training and processing.

• Prohibited Activities:

  You shall not, and may not permit any third party to:

  • Reverse-engineer, decompile, or otherwise attempt to derive the source code or underlying structure of the Fine-Tuned Model, Underlying Technology, or any other proprietary components of the Service.
  • Use the Service or any Outputs to develop, train, or improve a competing AI model or similar service.
  • Engage in any activities that violate applicable laws or infringe upon the rights of any third party, including the creation or distribution of content that is unlawful, offensive, or infringing.
  • Interfere with or disrupt the security, integrity, or performance of the Service or any associated networks.

• Compliance with Laws:

  You agree to comply with all applicable local, state, national, and international laws, rules, and regulations in connection with your use of the Service.

• User Responsibility:

  You are solely responsible for the content you provide and for ensuring that your use of the Service does not result in any legal or regulatory violations. In the event of any dispute or claim arising from your Inputs or the use of Outputs, you agree to hold Pixible harmless.

8. Third-Party Services and Disclaimers

• Third-Party Providers:

  In order to deliver our Service, Pixible relies on various third-party service providers. These include:

  • Replicate (https://replicate.com/) – Used as part of our training process to fine-tune AI models.
  • InstaSD (https://www.instasd.com/) – Utilized for hosting a portion of our Underlying Technology for delivering Outputs.
  • OpenAI (https://openai.com/) – Employed for our prompt optimization technology.
  • Supabase (https://supabase.com/) – Provides backend hosting services for our Underlying Technology.
  • Vercel (https://vercel.com/) – Used for frontend hosting of our platform.
  • Amplitude (https://amplitude.com/) – Powers the analytics functions within our Underlying Technology.
  • Google Drive (https://drive.google.com/) – Employed for data storage as part of our technical systems.

• Applicable Third-Party Terms and Privacy Policies:

  The use of these third-party services is governed by their respective terms and privacy policies. By using the Service, you acknowledge and agree that your data may be processed in accordance with the third parties’ policies. For detailed information on how these providers handle your data, please review the Privacy Policy of Pixible, which references each third party where relevant.

• Disclaimer:

  Pixible does not control the policies or practices of these third-party providers. Consequently, we assume no liability for any interruptions, delays, or errors caused by their services, nor for any processing of your data performed by these providers. Your continued use of our Service signifies your acceptance of all third-party terms associated with these providers.

9. Data Retention, Privacy, and Security

• Data Handling:

  All personal data and Inputs you provide to the Service are processed in accordance with our Privacy Policy, which is incorporated by reference into these Terms. We commit to collecting, processing, and storing your data in compliance with applicable European data protection laws, including the GDPR.

• Retention and Deletion:

  To support effective model fine-tuning and ongoing operations:

  • Your training data (such as images captured during professional photoshoots) and related materials used for model fine-tuning will be retained for as long as the associated fine-tuned model is active.
  • Upon request for account or model deletion, Pixible will delete both the delivered Outputs and the associated fine-tuned model permanently within 30 days.
  • The Outputs delivered by the Service will remain accessible in your account for 30 days. After this period, Outputs may be deleted from our systems.

• Security Measures:

  Pixible implements reasonable technical and organizational measures to protect your personal data against unauthorized access, loss, or disclosure. Despite these efforts, no electronic transmission or storage method is entirely secure; accordingly, you acknowledge that absolute security cannot be guaranteed.

• User Responsibility:

  You are responsible for maintaining the confidentiality of your account credentials. In the event of any unauthorized access to your account or a suspected security breach, you agree to notify us immediately.

• Data Transfers:

  As part of the Service, your data may be transferred to and processed by data centers located outside the European Economic Area (EEA). In such cases, we will ensure that appropriate safeguards are in place, as detailed in our Privacy Policy, to protect your data in accordance with applicable law.

10. Disclaimers and Limitation of Liability

• Service Provided "As Is":

  The Service is provided on an “as is” and “as available” basis without any warranties, express or implied. Pixible expressly disclaims all warranties, including without limitation any implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

• No Guarantee of Performance:

  Pixible does not warrant that the Service will be uninterrupted, secure, or error-free, nor that the Outputs will meet your specific requirements or be unique.

• Limitation of Liability:

  To the fullest extent permitted by law, Pixible shall not be liable for any indirect, incidental, consequential, punitive, or exemplary damages arising out of or in connection with your use of, or inability to use, the Service. This includes but is not limited to loss of profits, business interruption, or loss of data—even if Pixible has been advised of the possibility of such damages.

• Third-Party Services:

  Pixible is not responsible for any losses, delays, or damages resulting from the use or performance of third-party services integrated into or used in conjunction with the Service.

• Acknowledgment of Inherent Risks:

  By using the Service, you acknowledge and accept that utilizing AI technologies involves inherent risks, including the possibility that Outputs may inadvertently resemble existing works or contain inaccuracies, and that you rely on such Outputs at your own risk.

11. Indemnification

You agree to defend, indemnify, and hold harmless Pixible, its directors, officers, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or relating to:

• Your use of the Service, including any delivered Outputs using the Fine-Tuned Model.
• Any breach or violation of these Terms, including any misrepresentation or failure to comply with applicable laws.
• Any claim by a third party that your Inputs, Outputs, or other content provided to the Service infringe upon or violate any intellectual property rights, privacy rights, or other rights of such third party.

This indemnification obligation shall survive the termination of these Terms and your use of the Service.

12. Termination

• Termination for Breach:

  Pixible reserves the right to suspend or terminate your access to the Service immediately and without prior notice if you breach any provision of these Terms or engage in any prohibited activities, including without limitation reverse-engineering, misuse of Outputs, or any conduct that endangers the Service or its third-party providers.

• Voluntary Termination:

  You may terminate your account and discontinue use of the Service at any time by following the cancellation process provided on the Dashboard or by submitting a written request to us.

• Effect of Termination:

  Upon termination, your right to access and use the Service, including the delivered Outputs, will cease immediately. Notwithstanding, you retain full ownership rights to any Outputs delivered prior to termination. Pixible may, at its discretion, delete your data in accordance with our data retention policies.

• Survival:

  All provisions relating to intellectual property, disclaimers, limitation of liability, indemnification, dispute resolution, and any other clauses that by their nature should survive termination shall remain in full force and effect following termination.

• No Refund:

  Termination of your access does not entitle you to a refund of any fees paid, except as otherwise required by applicable law or as expressly provided by Pixible in writing.

13. Dispute Resolution and Governing Law

• Binding Arbitration:

  Any dispute, controversy, or claim arising out of or relating to these Terms or the Service shall be resolved exclusively by binding arbitration on an individual basis, and not as part of any class, collective, or representative proceeding. You and Pixible expressly waive any right to a trial by jury and any right to participate in a class action.

• Arbitration Process:

  The arbitration shall be conducted in Vienna, Austria, under the rules of the Vienna International Arbitral Centre (VIAC) (or another mutually agreed upon arbitration body in Vienna). The arbitrator’s decision shall be final and binding, and judgment on the award may be entered in any court having jurisdiction thereof.

• Governing Law:

  These Terms shall be governed by and construed in accordance with the laws of Austria, without regard to any conflict of law principles. Any legal proceedings not subject to arbitration shall be brought exclusively before the courts of Vienna, Austria.

• Injunctive Relief:

  Notwithstanding the foregoing arbitration provision, either party may seek injunctive relief or other equitable relief from a court of competent jurisdiction in Vienna, Austria, to protect its intellectual property or confidential information.

• Modifications:

  Any changes to this dispute resolution provision will be communicated to you in advance. Your continued use of the Service after such modifications constitutes your acceptance of the revised dispute resolution process.

14. Marketing and Showcasing Rights

• Opt-In Consent for Marketing Use:
  • Pixible will not use your Inputs, photo shoot images, or Outputs for marketing, promotional purposes, or portfolio showcases without your explicit opt-in consent.
• Revocation of Consent:
  • If you have provided consent for marketing use, you may revoke it at any time by contacting Pixible at office@pixible.ai. Pixible will cease using your Output for such purposes within 30 days of receiving the revocation request.
• Anonymized Output:
  • Pixible may use anonymized or generic versions of Outputs (e.g., outputs where no identifiable personal details are present) for improving services or showcasing platform capabilities without requiring additional consent.
• No Compensation:
  • You acknowledge that any marketing or promotional use of your content by Pixible is voluntary and does not entitle you to compensation unless explicitly agreed upon in writing.

15. Feedback and Suggestions

• Voluntary Feedback:
  • Pixible welcomes feedback, suggestions, and ideas from users to improve its Services (“Feedback”).
  • Providing Feedback is entirely voluntary and not required to use the Services.
• Ownership of Feedback:
  • By submitting Feedback to Pixible, you grant Pixible a worldwide, perpetual, irrevocable, royalty-free license to use, modify, and incorporate the Feedback into its Services or other products without any compensation to you.
• No Obligation:
  • Pixible is not obligated to use, review, or implement any Feedback provided by users.
• Confidentiality:
  • Any Feedback you provide will be considered non-confidential, and Pixible is free to use such Feedback without restriction or acknowledgment.

16. Amendments

Pixible reserves the right to modify or update these Terms at any time. If we make material changes to these Terms, we will provide notice via email and/or by a prominent notice on our Dashboard. The updated Terms will become effective on the date specified in the notice or upon posting if no date is provided. Your continued use of the Service following any such changes constitutes your acceptance of the modified Terms. If you do not agree to the updated Terms, you must immediately cease using the Service and cancel your license.

17. Miscellaneous

• Entire Agreement:

  These Terms, together with our Privacy Policy and any other documents referenced herein, constitute the entire agreement between you and Pixible regarding your use of the Service, superseding all prior agreements, representations, or understandings.

• No Waiver:

  The failure of Pixible to enforce any provision of these Terms shall not be construed as a waiver of its right to do so at any time.

• Severability:

  If any provision of these Terms is deemed invalid or unenforceable, such provision shall be modified to the minimum extent necessary or severed, and the remaining provisions shall remain in full force and effect.

• Assignment:

  You may not assign or transfer your rights or obligations under these Terms without the prior written consent of Pixible. Pixible may assign these Terms, in whole or in part, without restriction.

• Force Majeure:

  Pixible shall not be liable for any delays or failures to perform its obligations under these Terms if such delays or failures are due to causes beyond its reasonable control, including but not limited to natural disasters, acts of government, labor disputes, or technical disruptions.

• Notices:

  Any notice required under these Terms shall be given in writing and sent to the email address provided by Pixible or posted prominently on the Dashboard. Your continued use of the Service constitutes your acceptance of electronic communications.

• Interpretation:

  The headings in these Terms are provided for convenience only and shall not affect the interpretation of the provisions contained herein.

• Survival:

  Provisions of these Terms that by their nature should survive termination of your use of the Service (such as Sections regarding Ownership, Indemnification, Disclaimers, Limitation of Liability, and Dispute Resolution) shall remain in full force and effect.