Terms of Service

1. Acceptance of Terms

By creating an account, uploading content, or using any feature of the Pixels platform ("Service"), you agree to these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Service.

These Terms constitute a legally binding agreement between you and Helluin Labs, LLC ("we," "us," or "our"). We may update these Terms from time to time, and your continued use of the Service constitutes acceptance of any changes.

2. User Accounts

Account Creation and Eligibility

To use certain features of the Service you must create an account. By creating an account you represent and warrant that: (a) you are at least 13 years of age and have the legal capacity to enter into binding contracts in your jurisdiction; (b) the information you provide during registration is accurate, complete, and current; and (c) you will maintain and promptly update your account information to keep it accurate and complete.

Account Security and Restrictions

You are responsible for safeguarding your account credentials, including your password and any multi-factor authentication methods. Do not share your password or allow others to access your account. You agree to notify us immediately if you suspect any unauthorized use of your account. We are not liable for any loss or damage arising from your failure to comply with this paragraph.

Accounts are for individual use unless otherwise expressly permitted by us. You may not buy, sell, transfer, or broker an account without our prior written consent. We may require additional verification information as a condition of continued use of the Service.

Account Termination, Suspension, and Appeals

We reserve the right to suspend or terminate your account, at our discretion, for violations of these Terms, our Community Guidelines, or applicable law, or for behavior that may harm the Service or other users. Actions we may take include temporary suspensions, feature restrictions, content removal, or permanent termination.

Where practicable, we will provide notice and a chance to remediate before taking permanent action. For suspected or alleged criminal activity, threats to safety, or other urgent matters, we may act immediately and notify law enforcement as required. If your account is suspended or terminated and you believe it was in error, you may contact our support team to request review; we reserve the right to uphold our decision.

You remain responsible for any charges incurred on your account up to the date of termination. Any provisions of these Terms that by their nature survive termination (including ownership, license, warranty disclaimers, indemnity, and limitations of liability) will continue in effect.

3. Content and Intellectual Property

Your Content — Ownership, License, and Representations

You retain all intellectual property rights in the photographs, images, text, and other content you upload to Pixels ("Your Content"). By uploading or submitting Your Content to the Service, you grant Helluin Labs, LLC and its affiliates a non-exclusive, worldwide, royalty-free, transferable license to store, cache, reproduce, distribute, publicly display, and perform, and otherwise use and adapt Your Content solely for the purpose of providing, promoting, and improving the Service and related products and services. This license ends when you delete Your Content, except to the extent copies remain in backup or archival systems or as required by law.

By uploading or submitting any content to the Service you hereby represent and warrant that: (a) you own all rights, title and interest in and to the content or have obtained all necessary licenses, rights, consents, and permissions to grant the rights and license set forth in these Terms; (b) the content does not infringe, misappropriate, or violate any intellectual property, privacy, or publicity rights of any third party; and (c) the content complies with all applicable laws and these Terms. You are solely responsible for your content and the consequences of uploading, publishing, or sharing it.

You agree to indemnify, defend, and hold harmless Helluin Labs, LLC, its officers, directors, employees, agents, and representatives from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with: (i) Your Content; (ii) your breach of the representations and warranties above; or (iii) your violation of these Terms or applicable law.

Prohibited Content and Uses

You must not upload, post, or transmit any content that: (a) infringes, misappropriates, or violates the intellectual property rights, privacy rights, or other legal rights of any third party; (b) contains malware, viruses, or other harmful code; (c) is unlawful, fraudulent, defamatory, obscene, or otherwise objectionable; or (d) violates our Community Guidelines. Users must only upload content for which they have a legal right to grant us the license described above.

We may remove or disable access to any content that we believe, in our sole discretion, violates these Terms or applicable law, or that we believe may expose us or our users to legal liability. We may also suspend or terminate accounts for repeated or serious infringements.

Copyright Policy and DMCA Notice

We respect the intellectual property rights of others. If you believe in good faith that your copyrighted work has been copied in a way that constitutes copyright infringement, please provide a notification to our designated agent with the information required by the Digital Millennium Copyright Act (DMCA). You may submit a DMCA notice by emailing dmca@helluinlabs.com. Upon receipt of a proper DMCA notice, we will respond expeditiously by removing or disabling access to the allegedly infringing material and take other actions as required by law.

4. Platform Usage

Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. The Acceptable Use rules apply to all uses of the Service, including but not limited to content you upload, publish, post, comment on, or transmit via direct message or other communication features. You must not use the Service to:

• Upload, post, transmit, or store content that is illegal under U.S. law. We will cooperate with law enforcement and disclose information as required by law.
• Promote, encourage, or glorify hatred, violence, discrimination, or segregation against a protected class or group.
• Publish content that harasses, bullies, intimidates, or targets an individual or group to incite harassment or violence.
• Share or publish private or confidential information about another person without their consent (doxing) or content that violates another person's privacy or publicity rights.
• Upload sexually explicit content involving minors or any content that exploits or endangers children.
• Use the Service to facilitate criminal activity, including but not limited to fraud, trafficking, or the sale of illegal goods or services.
• Impersonate another person or entity, or create accounts intended to mislead others about your identity or affiliation.
• Use automated means (bots, scrapers, crawlers) to access the Service except where explicitly authorized by us in writing.
• Upload content that infringes or misappropriates the intellectual property rights of others.

Violations of these Acceptable Use rules may result in actions up to and including removal of content, temporary suspension, or permanent termination of accounts. We may also report conduct to law enforcement or relevant authorities when required by law or when we believe disclosure is necessary to protect our rights, third parties, or the safety of the public.

Storage Limits

Your account includes storage limits based on your subscription plan. We reserve the right to implement fair usage policies to maintain service quality for all users. Storage provided through the Service is intended for user-created content in support of sharing and publishing on the platform, and not for use as a general-purpose file storage or large-scale third-party content distribution platform.

We may monitor usage patterns and, if we determine an account's storage or bandwidth consumption is excessive or abusive, we reserve the right to take action including throttling, restricting uploads, requiring migration to a higher tier, or suspending or terminating the account. We will endeavor to provide notice and an opportunity to remediate where practicable before taking permanent action.

Fair Use Policy for Unlimited Storage (Pro Plan)

For customers on the Pro plan, we may advertise "unlimited" storage as part of the subscription benefits. This unlimited storage offering is intended for the storage, sharing, and publishing of content that you personally created. We reserve the right to place reasonable limits on storage, bandwidth, or other usage if an account is determined to be abusive or to be using an unreasonable amount of resources relative to normal consumer use.

Examples of abusive or unreasonable uses include, but are not limited to: using the Service primarily as an off-site backup for large unrelated data sets, hosting or distributing third- party content at scale that you do not own or have permission to distribute, operating a file-hosting or content delivery service that primarily serves other users, or other uses that materially degrade service quality for others. We will evaluate usage on a case-by-case basis and may take actions including throttling, suspension, deletion of content, or termination of the account where necessary to protect the Service and other users.

We will endeavor to provide notice before taking any adverse action and, where practicable, provide options to remediate the behavior (for example, by moving to a different paid plan or reducing stored content). Nothing in this section limits any of our other rights under these Terms, and we may update this Fair Use Policy from time to time. If you have questions about your account usage or believe a restriction has been applied in error, please contact our support team.

5. Privacy and Data

Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use, and protect your personal information. By using our Service, you consent to the collection and use of your information as described in our Privacy Policy.

6. Payment and Subscriptions

Subscription Plans

We offer various subscription plans with different features and storage limits. Subscription fees are billed in advance and are non-refundable except as required by law.

Payment Processing

Payments are processed by third-party payment processors. You agree to provide accurate payment information and authorize us to charge your payment method for applicable fees.

Cancellation

You may cancel your subscription at any time. Cancellation will take effect at the end of your current billing period. Your content will remain accessible during any paid period.

7. Disclaimers and Limitations

Service Availability and Warranties

We strive to maintain high availability and to keep the Service secure, but we do not promise that the Service will be uninterrupted, error-free, secure, or free from bugs or vulnerabilities. THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL SUCH WARRANTIES.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL HELLUIN LABS, LLC, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, USE, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SUBJECT TO APPLICABLE LAW, OUR AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM, OR ONE HUNDRED DOLLARS (US $100), WHICHEVER IS GREATER. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Data Backup and Retention

You are solely responsible for creating and maintaining backups of any content you upload to the Service. We maintain routine backups and reasonable retention practices, but WE DO NOT GUARANTEE THAT YOUR CONTENT WILL BE PRESERVED WITHOUT LOSS OR CORRUPTION. WE ARE NOT LIABLE FOR ANY LOSS OF DATA OR CONTENT. Where accounts are terminated or content is removed in accordance with these Terms, copies of content may persist in backup systems for a limited time as required for operational or legal reasons.

Third-Party Services and Links

The Service may contain links to third-party websites, services, or integrations that are not owned or controlled by Helluin Labs, LLC. WE ARE NOT RESPONSIBLE FOR THE CONTENT, PRIVACY PRACTICES, OR TERMS OF SUCH THIRD PARTIES. Links are provided solely for your convenience, and the inclusion of a link does not imply endorsement.

We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time with or without prior notice. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

8. Governing Law and Disputes

These Terms are governed by the laws of the State of Wyoming, without regard to conflict of law principles. Any disputes arising from these Terms or your use of the Service will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.