Terms of Use

INTRODUCTION

Thank you for choosing Pixola. By downloading or using Pixola, these terms will automatically apply to you, so please read them carefully before using the app. You’re not allowed to copy or modify the app, any part of the app, or our trademarks in any way. You’re not allowed to attempt to extract the source code of the app, and you also shouldn’t try to translate the app into other languages or make derivative versions. The app itself, and all the trademarks, copyright, database rights, and other intellectual property rights related to it, still belong to Pixola.

PRIVACY POLICY

The privacy policy can be viewed inside the Pixola app. Pixola stores and processes personal data that you provide to deliver its service. It’s your responsibility to keep your phone and access to the app secure. Pixola, therefore, recommends that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. This could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone’s security features, and it could mean that the Pixola app won’t work properly or at all.

THIRD-PARTY CONTENT AND LINKS TO THIRD-PARTY WEBSITES

The Pixola app uses third-party services to maintain its services. Pixola relies on third parties to provide information so that Pixola can make its service available to you. Pixola accepts no liability for any loss, direct or indirect, you experience as a result of relying wholly on this functionality of the app.

LIMITATION OF LIABILITY

You should be aware that there are certain things that Pixola will not take responsibility for. Certain functions of the app will require the app to have an active internet connection. The connection can be Wi-Fi or provided by your mobile network provider. Pixola cannot take responsibility for the app not working at full functionality if you don’t have access to the internet, and you may not have access to any of your data.

If you’re using the app outside of an area with Wi-Fi, you should remember that the terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the app, or other third-party charges. In using the app, you’re accepting responsibility for any such charges, including roaming data charges if you use the app outside of your home territory (i.e., region or country) without turning off data roaming. If you are not the bill payer for the device on which you’re using the app, please be aware that Pixola assumes that you have received permission from the bill payer for using the app.

Along the same lines, Pixola cannot always take responsibility for the way you use the app. You need to make sure that your device stays charged – if it runs out of battery and you can’t turn it on to avail of the Service, Pixola does not accept responsibility.

At some point, Pixola may wish to update the app. The app is currently available on iOS – the requirements for the system (and for any additional systems Pixola decides to extend the availability of the app to) may change, and you’ll need to download the updates if you want to keep using the app. Pixola does not promise that it will always update the app so that it is relevant to you and/or works with the iOS version that you have installed on your device. However, you promise to always accept updates to the application when offered to you. Pixola may also wish to stop providing the app and may terminate its use at any time without giving notice of termination to you. Unless Pixola tells you otherwise, upon any termination: (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the app, and (if needed) delete it from your device.

Pixola has every right to change terms and conditions, features in the app, the design of the app, or stop its service.

There is no tolerance for objectionable content or abusive users in Pixola. Content or users which are objectionable will be blocked from Pixola. Objectionable Content includes, but is not limited to: (i) Sexually explicit materials; (ii) Obscene, defamatory, libelous, slanderous, violent, and/or unlawful content or profanity; (iii) Content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity, or another personal or proprietary right, or that is deceptive or fraudulent; (iv) Content that promotes the use or sale of illegal or regulated substances, tobacco products, ammunition, and/or firearms; (v) Gambling, including without limitation, any online casino, sportsbooks, bingo, or poker.

SUBSCRIPTION FEES

Pixola is committed to ensuring that the app is as useful and efficient as possible. For that reason, Pixola reserves the right to make changes to the app or to charge for its services, at any time and for any reason. Pixola will never charge you for the app or its services without making it very clear to you exactly what you’re paying for.

Prices are based on the U.S. Dollar and may vary in countries other than the U.S. and are subject to change without notice. Payment will be charged to your iTunes Account at confirmation of purchase.

The free features can be used completely free of charge. If you decide to use premium features, Pixola has a range of subscription options to best meet your needs. You can opt to subscribe to weekly or monthly unlimited packs. The Fees are available to view in Pixola. The Fees are subject to different subscription plans, and Pixola, therefore, reserves the right to update its Fees from time to time.

If you select Monthly Unlimited Pack, your subscription will automatically renew as a rolling subscription and renew at the end of each monthly period, being one month (or as near to the date as possible) from the date on which your Monthly Unlimited Pack was activated. If you select Weekly Unlimited Pack, your subscription will automatically renew as a rolling subscription at the end of each weekly period, on the date on which your Weekly Unlimited Pack was activated (each being a “Renewal”). If you proceed with a Renewal, the method of payment used to pay the Fees will be debited at the end of your current subscription.

You acknowledge that if Pixola changes the Fees, this will not affect your existing Unlimited subscription. Therefore, if you have signed up for a subscription at a certain Fee, any Fee changes will not affect your current subscription. However, Fee changes may apply to any Renewals of your subscriptions.

Please note that if you have purchased the subscription through Apple iTunes or Pixola iPhone/iPad application, the following conditions apply for renewals of Monthly and Weekly Unlimited subscriptions:

Subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period
Your account will be charged for renewal within 24-hours before the end of the current period.

Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user's Account Settings after purchase. The effect of the changes are as follows:

From Weekly Unlimited Pack to Monthly Unlimited Pack – your Monthly Unlimited Pack will be activated immediately after payment is processed, and any remaining time on your Weekly Unlimited Pack will be canceled without a refund for the unused days.
From Monthly Unlimited Pack to Weekly Unlimited Pack – your Monthly Unlimited Pack will remain active until the end of its current billing cycle, and your Weekly Unlimited Pack will be activated once your Monthly Unlimited Pack subscription expires.

Your Unlimited subscriptions do not start with a free trial. Because the free features and premium features can be used the same way, there is no need for an additional free trial. You may cancel your Unlimited memberships at any time by going to your account settings.

CANCELLATION AND REFUND OF SUBSCRIPTION

You can keep track of your Unlimited subscriptions by opening the Account Settings after purchase which will display the expiry date of your Unlimited subscriptions. Pixola does not provide refunds for Apple App Store payments, as those purchases are managed solely by Apple. Pixola does not offer refunds or partial refunds outside of the refund options stated above.

GOVERNING LAW AND ARBITRATION

These Terms and Conditions, its subject matter and Pixola, and your respective rights under these Terms and Conditions shall be governed by and construed under the laws of Türkiye excluding the conflict of law provisions of that or any other jurisdiction. Any dispute arising between you and Pixola will be resolved by binding arbitration. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys’ Fees without regard to which party is deemed the prevailing party in the arbitration proceeding. You agree that these Terms represent the entire understanding between Pixola and you and these Terms supersede any previous agreements, promises, assurances, warranties, representations, and understandings, whether written or oral, between Pixola and you.

TERMINATION OF YOUR ACCESS BY PIXOLA

Pixola reserves the right to modify, temporarily suspend, or permanently terminate your access to the Services if Pixola has reason to believe that you have breached or acted inconsistently with the Terms. Following termination, your Licence will be automatically revoked, and Pixola reserves the right to erase all or any information and discard any of your User Content. You agree that Pixola shall not be liable to you for any modification or discontinuance of the Service. Pixola accepts no liability for the deletion of information or content. You acknowledge and accept that certain User Content may remain after the termination of your access and that the User Content Licence shall not be revoked or terminated. If you have an active Unlimited subscription when Pixola terminates your access, you will not receive a refund for any time remaining on your Unlimited subscription.

Pixola may update the Terms and Conditions from time to time. Thus, you are advised to review the Terms and Conditions periodically for any changes. Pixola will notify you of any changes by posting the new Terms and Conditions on this page.

These terms and conditions are effective as of 1 July 2024.

If you have any questions or suggestions about these Terms and Conditions, do not hesitate to contact Pixola at info@pixola.app.