Pixmap

Terms and Conditions

Pixmap offers a tool for image analysis through the simulation of visual human responses such as:

A service that provides analysis metrics in relation to visual attention, colors and text based on a simulation of human visual responses
A service that allows you to store and download content
Additional features and functionality.

Your use of and access to our services, software, and / or application (collectively: "Services") are governed by these Terms and Conditions ("Terms").

The Services may be provided to you in the form of a mobile application and may be integrated into a third party service.

The Services allow you to upload, store, collect, capture and / or display your text, graphics, images, or other content, including third-party content used by you (together: “Content”). You retain all rights and responsibility for all Content. Pixmap does not claim ownership of your Content.

1. Applicability

You can only use the Services when you are 16 years of age or older.
Please read the Terms carefully. By using the Services (directly with us or through a third application, plugin, extension or integration) you accept and agree to these Terms.
If the Services include, are used in connection with, or are integrated into the services of third parties, the Terms and Conditions, the notice and removal policies and / or the privacy and cookie policies of those third parties may apply in addition to these Terms. If you are using the Services on behalf of your employer or other organization, you agree to the Terms of that organization and represent and warrant that you have the authority to do so. Pixmap is not responsible for the services, terms and / or policies of third parties.
If you want to use the Pixmap API (as described in the API Terms of Use), our API Terms of Use apply in addition to these Terms.
Pixmap may modify the Terms from time to time. The modified Terms will become effective when they are posted on the Pixmap websites and / or Pixmap mobile and / or desktop applications, or on the later date indicated in the modified Terms. Therefore, we recommend that you review the Terms periodically and take note of any changes. By continuing to use the Services, you agree to the modified Terms. In the event of material changes to the Terms, you will be informed prior to the change: (i) at the time you use the Services, or (ii) by means of a message to the contact details you provided us, or (iii) by a publication of the notice of the change on the Pixmap websites and / or on the Pixmap mobile and / or desktop applications. In the event If you do not accept a change,
These Terms supersede any and all prior oral and written citations, terms, communications, agreements and understandings between you and Pixmap.

2. Payment terms

If you use a Paid Subscription Service, the initial subscription term begins once the fees due have been paid in full.
We may introduce or change the fees for the Services from time to time, for which we will notify you in advance. If you have a fixed term and price subscription, that price will remain in effect for the fixed term. If you do not agree to the price change, you must cancel your subscription and stop using the Services at the end of the then-current Service term. If you continue to use the Services after the price change takes effect, you agree to pay the changed price. Rate submissions will require your prior consent and registration.
Depending on the payment method you choose, the issuer of the payment method may charge you certain fees related to processing your payment.
You can change your payment method in your account settings for the respective Service or by contacting our support team.
Pixmap may suspend or cancel the Services for you if a payment is not cleared successfully (for example, in the event of insufficient funds, expiration of credit cards, a change in payment details or otherwise) Suspension or cancellation of the Services Failure to pay may result in loss of access and use of your account and your Content.
If you subscribe and pay us through the Apple App Store or Google Play Store, Apple or Google terms may also apply.

3. Content ownership, permissions and responsibility

Pixmap does not claim any ownership of the Content that you create, use, store or share through the Services and you are solely responsible for this. Also, you are solely responsible for sharing it with others. Any liability for damages related to the Content rests with the person who creates, uses, stores and / or shares it within the Services. You acknowledge that downloads may be forwarded and that recipients who have access to such files may access such Content.
The Services are protected with a username and password combination (your account). The user is solely responsible for the confidentiality and / or distribution of accounts / passwords. Additional security measures in the form of two-factor authentication can be activated in your account settings.
By using the Services, you warrant that, for any Content you create, use, store or share using the Services, all required permissions (including copyright and other intellectual property rights owners) to distribute, sublicense, transfer, store and / or make Content available online as part of the Services.
Pixmap is not liable to you or to any third party for damages arising out of or in connection with the Content created, used, stored or shared by you within the Services, including but not limited to works protected by copyright and / or trademarks.
Pixmap requires a license from you with respect to the Content FOR THE SOLE PURPOSE OF OPERATING, ENABLING AND IMPROVING THE SERVICES . For this explicit purpose only and until you remove Content from the Services, you agree and acknowledge that by using the Services, you grant us an unlimited, worldwide, royalty-free license to (i) use, host, store, scan, search, order , index, preview, and (ii) reproduce, communicate, publish, publicly display, distribute and edit (including but not limited to scaling, clipping, adapting and translating) the Content. For the avoidance of doubt, Pixmap will not sell or advertise the Content: Pixmap only requires the license FOR THE SINGLE PURPOSE OF OPERATING, ENABLING AND IMPROVING THE SERVICES .
Pixmap does not provide any public search, catalog or listing functionality to find content.

4. Restrictions

Pixmap respects your rights and expects you to respect the rights of others, including Pixmap and third parties. This includes respecting the right to privacy, corporate intelligence, trade secrets, and intellectual property rights such as trademarks, copyrights, trade names, and logos. You agree not to use the Services to commit, promote, enable or facilitate any illegal or criminal act or breach of these Terms or to facilitate or promote others to do so.
As a condition of using the Services, you agree not to create, use, store or share any Content that:
presents CSAI (Child Sexual Abuse Images);
is obscene, defamatory, libelous, defamatory, profane, indecent, discriminatory, threatening, abusive, harmful, lewd, vulgar, or illegal;
promotes racism, violence or hatred;
is in fact inaccurate, false, misleading, misleading or misleading;
you don't have the rights to
infringes, violates or misappropriates intellectual property rights, privacy rights, including data protection rights and / or any other type of rights;
violates or violates any applicable law or regulation; me
constitutes “hate speech”, whether directed at an individual or group, and whether on the basis of the race, sex, creed, national origin, religious affiliation, sexual orientation, language or other characteristic of said individual or group.
Furthermore, you agree not to:
abuse, harass, stalk, intimidate, threaten, commit violence, or otherwise act illegally, or encourage any other person to do so;
impersonate or feign false affiliation with any person or entity;
access any non-public area of the Services;
interfere with any access or use restrictions;
use any method of data extraction or extraction, or collect information about users of the Services;
send viruses, worms, malware, ransomware, spam, spam, chain letters, phishing emails, unsolicited messages, promotions or advertisements of any kind and for any purpose;
interfere with, damage or disrupt the Services or act in a way that may do so;
attempt to probe, scan, compromise or test the vulnerability of the Services or any related services, systems or networks or violate any security or authentication, unless you do so in accordance with our Responsible Disclosure Policy;
use automated means to access or use the Services without our permission;
reverse engineer or decompile any (part) of the Services;
resell, sublicense, rent, lease, offer or market the Services without our permission; me
allow others to use your account.

5. Violation of the Terms and Conditions

Pixmap reserves the right to investigate, provide third parties with, (temporarily) block and / or permanently delete from its servers, without prior notice or liability, any Content and / or accounts or block any person's access to any part of the Services , when Pixmap determines, in its sole discretion or after receiving substantiated and valid complaints, that you are in breach of these Terms or act in violation of any applicable law or regulation.

6. Intellectual property rights

All intellectual property rights and / or similar rights in the Services (including software, wallpapers, content, photography, graphic design, typography, portraits, logos, trademarks, trade names, domain names, copyrights and patents) are granted to Pixmap and / or its licensors and you are not permitted to use, delete, modify, copy, duplicate, distribute, decompile or reverse engineer any of them in any way.
Pixmap is not responsible for third party content posted within the Services. You acknowledge and agree that any use outside of the Services is at your own risk.
You will always respect and observe the good name and reputation of Pixmap and ensure that your use of the Services does not in any way prejudice the rights and / or the good name and reputation of Pixmap and its licensors.

7. Disclaimer and Account Registration

Pixmap provides the Services "AS IS", without any warranty of any kind. Without limiting the foregoing, Pixmap explicitly disclaims any warranty of merchantability, fitness for a particular purpose, and non-infringement. Pixmap does not guarantee that the Services will be available uninterrupted, secure or error-free. Use of the Services is at your own risk. You acknowledge and agree that Pixmap is not responsible for any damage to your or any third party's computer system or mobile device resulting from the use of the Services and is not responsible for any failure of the Services to store, transfer or delete a file or for the corruption or loss of any data, information or content in a file.
Pixmap may change, terminate or expand its Services from time to time and reserves the right to limit access or remove any features or functionality of the Services at its own discretion.
Some of the Services require you to register and provide us with information such as your email address, password and / or payment details. You need to make sure they are accurate and keep them up to date in your account settings. You are responsible for any activity from or on your own, so you should not share your password and you should carefully protect it. If the records or account details appear to be misused, Pixmap reserves the right to delete the account. Pixmap is not responsible for any loss or damage resulting from the unauthorized use of your account.

8. Indemnification and liability

You will defend, indemnify and hold Pixmap harmless (including its employees and affiliates) from and against any claims, incidents, liabilities, procedures, damages, losses and expenses (including legal and accounting fees), arising in any way related to your access or use of the Services or your breach of these Terms, including claims by third parties that Content created, used, stored or shared using the Services by you or through your account, infringes or violates the rights of third parties.
The Services may provide integration with third party services. You acknowledge that: (i) Pixmap is not responsible for any act or omission of such third party services; (ii) that Pixmap is not an agent for such third party services; and (iii) the use of those services is subject to the Terms and Conditions applicable between you and the providers of those services.
Pixmap is not responsible for any damages or decisions made on the basis of the use of the service resulting from the use of the Services, including the (temporary) unavailability or (accidental) deletion of your Content or account. The limitation of liability mentioned in this clause shall not apply if liability for damages caused by intent or gross negligence on the part of Pixmap. In the event that Pixmap is liable for damages under mandatory law, Pixmap's total liability to you for any claim arising out of or related to the use of the Services will in no event exceed the amount of the amount paid for the service.

9. Waiver, Severability and Assignment

Pixmap's failure to enforce a provision is not a waiver of its right to do so later.
If any (part of) a provision of these Terms is or becomes invalid, illegal or unenforceable, it will be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the corresponding provision or the partial provision will be deemed deleted. Any modification or deletion of a provision or partial provision by virtue of this clause will not affect the validity and enforceability of the rest of these Terms.
If any (part of) a provision of these Terms is determined to be illegal, unenforceable, or otherwise invalid, then (i) the remainder of the Terms will remain in full force and effect to the extent permitted or pursuant to relevant laws; and (ii) that part will be considered eliminated and replaced by a valid one that, in its economic effect, is so close to the invalid part.
You cannot assign any of your rights under these Terms. Pixmap at any time has the right to assign its rights to any of its affiliates or subsidiaries, or to any successor in the interest of any business associated with the Services without your consent or any other restriction.

10. Applicable law and jurisdiction

These Terms and any non-contractual obligations arising out of or in connection with them shall be governed by and construed in accordance with the laws of the state of the state of Florida in the United States. These Terms will not limit any consumer protection rights to which you are entitled under the mandatory laws of your country of residence.
Any dispute related to these Terms will be submitted to the exclusive jurisdiction of the competent court in the state of Florida in the United States.

11. Contact

If you have any additional questions, you can contact Pixmap at projects@pixmap.io