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Last Updated: 01 June 2024
These Terms of Service ("Platform Terms") set out the terms and conditions for use of https://pixinoid.com (the "Site"), the web application(s) (the "Application") and any features, subdomains, content (except as specified hereunder), functionality, services, media, applications, or solutions offered on or through the Site and/or the Application and/or through any modes, medium, platform or format (hereinafter collectively referred to as the "Platform" or "Service").
These Terms of Service apply to all users of the Platform including without limitation,
For ease of reference, "Authorized Users" and "End-Users" shall collectively be referred to as "Principal Entity's Portal Users"/ "Portal Users", where applicable.
Use of the terms "you", "your", or "User(s)" shall refer to the Principal Entity(ies), Portal Users and all visitors of the Platform.
Similarly, when we speak of "Pixinoid", "we", "us", and "our", we collectively mean Traboda CyberLabs Private Limited - a company incorporated in India, and their respective affiliates. Kindly refer to the "About Pixinoid and the Platform" section of the Agreement to know which of the aforesaid Pixinoid entities will your Agreement be with.
Your access to the Platform is subject to your acceptance of the Platform Terms and such acceptance of the Platform Terms forms a legally binding agreement between you and Pixinoid ("Agreement"). Hence, please take your time to read the Platform Terms in their entirety.
From time-to-time, updated versions of the Platform Terms may be made available as aforesaid for your reference. By visiting and accessing the Service, providing your Personal Information (as defined in the Privacy Policy), using the Services offered or by otherwise signalling your agreement when the option is presented to you, you hereby expressly accept and agree to the Platform Terms. If you do not agree to any of the terms or do not wish to be bound by them, then please do not use the Service in any manner.
All capitalized terms are defined/have the meaning assigned to it under these Terms of Service and/or other Platform Terms. In other words, if you find any word herein that has its first letter capitalized, then it means that we have explained the meaning such word has in the context of these Terms of Service and/or other Platform Terms; if not here, then it will be provided in the relevant Platform Terms - when we refer to any such term in these Terms of Service, we will try and specify where in these Terms of Service and/or other Platform Terms you can find the meaning/definition.
This Agreement consists of the following terms and conditions (hereinafter the “General Terms”) and terms and conditions, if any, specific to use of individual Services (hereinafter the “Service Specific Terms”). In the event of a conflict between the General Terms and Service Specific Terms, the Service Specific Terms shall prevail.
The Platform is owned and operated by Traboda CyberLabs Private Limited, a company incorporated under the laws of India, having its registered office at 36/2054, BLOCK II C3, Ace Amrutha Retreat, Edapally, Kochi, Kerala - 682041 ("Pixinoid India").
In any jurisdiction other than India, wherever Services are rendered through the Platform, the same is offered by Pixinoid India and / or its affiliates (as relevant pursuant to appropriate intra group contractual arrangements). For knowing with which entity of Pixinoid your Agreement will be, please refer the list in Annexure A below.
To access the Platform and use the Services, you will be required to register and create an account on the Platform. You must be a human to register and create an account on the Platform. Accounts registered by "bots" or other automated methods are not permitted. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
You can either register as an individual or for an entity. If you are registering for an entity, then you confirm that you have all the required permission and authority to register and represent such entity on the Platform.
You can register on the Platform for free, however, the Services offered on the Platform may be chargeable. You are not obligated to purchase any product or use any Service offered on the Platform.
You hereby confirm that you meet the "Age Requirements" specified herein below. By continued usage of the Platform, you, through your actions, represent and warrant that you continue to comply with the Age Requirements.
Please note that the Platform and the Services offered therein are not directed at Minors/Children and Minors/Children are not by themselves eligible to register on and use the Platform and/or the Service offered therein. For the purpose of these Platform Terms, "Minor(s)"/ "Child”/ “Children" is/are individual(s) who do(es) not fulfill the Age Requirements mentioned above (as may be revised as per applicable laws from time to time).
Further, to access the Platform, create, publish and/or view the Content on the Platform, you will need to use a "Supported/Compatible Device" which means a personal computer, mobile phone, portable media player, or other electronic device that meets the system and compatibility requirements and on which you are authorized to use the Platform. The Supported/Compatible Devices to access the Platform may change from time to time and, in some cases, whether a device is (or remains) a Supported/Compatible Device may depend on software or systems provided or maintained by the device manufacturer or other third parties. Accordingly, devices that are Supported/Compatible Devices at one time may cease to be Supported/Compatible Devices in the future.
Thus, kindly make sure that the device that you use is compatible with our system/software to use the Platform and avail the Services offered therein. Further in case you are a Principal Entity, similar Supported / Compatible Device requirements would apply to your End-Users and the responsibility of communicating these requirements to the End-Users shall be solely yours.
You represent that the information provided by you at the time of the registration are correct, true and accurate and you are authorized to provide such information, and you agree to update the same as and when there is any change in the said information. Please read our Privacy Policy to understand how we handle your information.
Your login may only be used by one person — a single login shared by multiple people is not permitted.
You are responsible for maintaining the security of your account, password, OTPs and other sensitive information. Pixinoid cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You agree to inform us immediately of any unauthorized use of your user account by email to support@pixinoid.com. We are not responsible for any loss or damage to you or to any third party incurred as a result of any unauthorized access and/or use of your user account, or otherwise.
You, as a Principal Entity, are responsible for all Content posted and activity that occurs under your account (including any Content that is posted by End Users or Authorized Users, into a Portal that you manage under your account).
You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws).
Please note that we reserve the right to reject or put on-hold, your registration on the Platform as may be required to comply with any legal and regulatory provisions, and we also reserve the right to refuse access to the Platform, terminate accounts, remove content at any time, and/or reserve the right to disable any account, feature, or identifiers, whether chosen by you or provided by us, at any time if, in our opinion, any information provided by you violates, or you have violated, any provision of the Platform Terms or any applicable law or any government policies.
In the event of a dispute regarding your account ownership, we reserve the right to request documentation to determine or confirm account ownership. Documentation may include without limitation, a scanned copy of your organizational documents, government issued photo ID, and any applicable business licences. After due verification, we retain the right to determine the rightful account owner and transfer such disputed account to the rightful owner. If we are unable to reasonably determine the rightful account owner, we reserve the right to temporarily disable an account until resolution has been determined between the disputing parties.
Personal information you provide to Pixinoid through the Service is governed by our Privacy Policy available at https://pixinoid.com/privacy. You are required to read and accept the Privacy Policy before using the Service. Your election to use the Service indicates your acceptance of the terms of the Privacy Policy.
As a Principal Entity, subject to payment of the Subscription Fee, and your complaince to all Platform Terms, Pixinoid grants you and your Authorized Users a limited, non-exclusive, non-transferable, non-sublicensable licence to access and use the Platform for your own personal and commercial use in accordance with the General Terms.
Further, to facilitate your services to your End-Users through the platform, Pixinoid grants your End-Users, a limited, non-exclusive licence to access and use the Service through your portal for their own personal use. This licence does not grant your End-Users the right to assign or sublicense the licence granted hereunder to anyone else. This licence is personal to your End-Users and they shall not share their login credentials with any other person, and is subject to compliance with all Platform Terms.
Except as expressly permitted under the General Terms or otherwise in writing, you will not, either by yourself or through any other person, reproduce, duplicate, copy, sell, redistribute, create derivative works or otherwise exploit the Service or any portion of the Service (including but not limited to any copyrighted material, trademarks, or other proprietary information).
Except with respect to Your Content and User Content, you agree that Pixinoid and its vendors own all rights, title and interest in the Service. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying any Service.
"Pixinoid" and all related graphics, logos, service marks and trade names used on or in connection with the Service are the trademarks of Pixinoid and may not be used without permission in connection with your or any third-party products or services.
Other trademarks, service marks and trade names that may appear on or in the Service are the property of their respective owners.
We claim no intellectual property rights over the Content you provide to the Service. Your profile and materials uploaded remain yours. However, by setting your workspaces, albums, or individual items to be viewed publicly or through inviting other users to them, you agree to allow others to view and/or download your Content.
We will not use your Content for any purpose other than to provide the Service.
You acknowledge that Pixinoid has no obligation to pre-screen Content, although Pixinoid reserves the right in its sole discretion to pre-screen, refuse or remove any Content. By entering into the Agreement, you hereby provide your irrevocable consent to such monitoring. In the event that Pixinoid pre-screens, refuses or removes any Content, you acknowledge that Pixinoid will do so for Pixinoid's benefit, not yours. Without limiting the foregoing, Pixinoid shall have the right to remove any Content that violates the Agreement or is otherwise objectionable.
You shall defend Pixinoid against any claim, demand, suit or proceeding made or brought against Pixinoid by a third party alleging that Your Content, or Your use of the Service in violation of this Agreement, infringes or misappropriates the intellectual property rights of a third party or violates applicable law, and shall indemnify Pixinoid for any damages finally awarded against, and for reasonable attorney’s fees incurred by, Pixinoid in connection with any such claim, demand, suit or proceeding; provided, that Pixiod
You agree that submission of any chats, ideas, suggestions, documents, and/or proposals to Pixinoid through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that Pixinoid has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Pixinoid a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Service and/or Pixinoid's business.
Pixinoid may charge fees from Principal Entities to access particular features and functionalities of the Platform ("Pixinoid's Fee"/ "Fee(s)") through multi-tiered paid plans ("Plan") as described on our Pricing Page. Principal Entities may choose to subscribe to a Plan and pay the Fee to access the features and functionalities available under such Plan on the Platform (the "Subscription").
You agree to pay all fees, applicable taxes and charges that are made to your account and that you are solely responsible for timely payment of these fees, taxes and charges. If you have not completed payments for your Subscriptions, we may restrict your access to the Platform until your account becomes current and paid in full.
Your payments to Pixinoid shall be subject to applicable taxes including without limitation Goods and Service Taxes (GST) and Value Added Taxes (VAT) or other similar taxes as may be applicable in your country of residence/from where you have created your account on the Platform/ purchased the underlying Subscriptions.
We reserve the right to pursue fees owed to us using collection methods which may include charging other payment methods on file with us and/or retaining collection agencies or legal counsel.
We reserve the right to change the pricing, and the features and functionalities available under each Plan, at any time. For existing Subscriptions for which the applicable fees have been already received by us, we will implement the price changes during the next billing period or renewal of the Subscription.
Our billing cycles depend on the Plan you select while purchasing. Payment will be charged to your chosen payment method at confirmation of your purchase in accordance with the billing cycle applicable for your Plan.
We further reserve the right to offer custom plans and pricing in addition to what is offered on the Pricing Page, which include offering custom billing and payment terms, that are different from our standard terms.
Further, Pixinoid is solely authorized to offer discounts / offers, if any, on Pixinoid's Fee. These discounts / offers are communicated on the Platform or via direct communication to you from Pixinoid via email, SMS, phone, or such other means of communication, and can be availed only through the Platform, unless otherwise specifically communicated by Pixinoid. Other than Pixinoid, no person is allowed to offer any discounts on Pixinoid's Fee offered on the Platform. Pixinoid shall not be liable for any claims arising from such unauthorized discounts / offers offered by any person (including any third-party platform), other than Pixinoid.
We may use third-party service provider(s) to manage all our Subscriptions, including their purchases, renewals, cancellations, and invoicing ("Payment Processor(s)"), and have integrated such Payment Processor(s) into the Platform to facilitate better payment options to you, which may vary depending on your territory or the Subscription you choose ("Third-Party Payment Providers").
Accordingly, we may not collect any payment related information such as credit/debit card details, UPIs, and bank account details from you, and all such Sensitive Personal Data, in such cases, shall be collected and processed by such Payment Processor(s). Subject to your authorization and applicable laws, You agree that Pixinoid may, if applicable, as per your chosen Plan, charge any recurring service to the credit card or debit card that you provide at the time of your first purchase of the Subscription through the Payment Processor(s) or as updated by you through the Payment Processor(s), provided such updation takes place prior to upcoming billing period, as applicable.
Third-Party Payment Providers may also charge you fees to use or access their services and may require your Personal Data to complete any transaction for the Platform. Further, to facilitate completion of your payments to us through the Platform or avail the payment options provided to you, you may be redirected to an external website operated by the Third-Party Payment Provider(s).
Further, pursuant to the payment option you may choose, you may be required to enter into a separate agreement with the relevant Third-Party Payment Provider. This agreement with the Third-Party Payment Provider is an independent contract/agreement between you and such Third-Party Payment Provider and Pixinoid shall in no manner be a party to the same. Pixinoid only facilitates various payment options to you and is not offering the payment by itself in any manner.
You agree that you are solely responsible for all charges that occur through such Third-Party Payment Providers and acknowledge and agree to indemnify, defend, and hold harmless Pixinoid, its licensors, their affiliates, and their respective officers, directors, employees, and agents from any Financial Loss arising out of or related to the use of the Platform or any purchases made through the Platform. This obligation will survive your use of the Platform and termination of your Agreement with us.
"Financial Loss" means all losses, liabilities, damages, awards, settlements, claims, suits, proceedings, costs, and expenses(including reasonable legal fees and disbursements and costs of investigation, litigation, settlement, judgment, interest, and penalties). Pixinoid shall not be liable to you for any claims arising out of any act or omission on the part of the Third-Party Payment Provider(s) including, but not limited to, any lost, stolen, or incorrectly processed payments. Pixinoid expressly disclaims any responsibility and liability for all services provided by the Third-Party Payment Provider(s).
Pixinoid cannot and does not
Hence, prior to using any services offered by a Third-Party Payment Providers, we suggest that you read their terms and conditions, privacy policy and other policies, that may apply, to understand their terms of usage and to understand how your Personal Data is being processed. Pixinoid is not affiliated to any Third-Party Payment Provider and neither Pixinoid nor any of the Third-Party Payment Providers are agents or employees of the other.
Please note that we may not be able to delete all communications or photos, files, or other documents publicly made available by you on the Platform, however, we shall anonymize your Personal Information (as defined in the Privacy Policy) in such a way that you can no longer be identified as an individual in association with such information made available by you on the Platform. We will never disclose aggregated or de-identified information in a manner that could identify you as an individual.
If you are a Principal Entity, your access and use of the Platform may also be subject to a separate agreement with Pixinoid and shall be collectively governed by the terms of such agreement, and the Platform Terms.
We may suspend your Account or temporarily disable access to whole or part of any Service in the event of any suspected illegal activity, extended periods of inactivity or requests by law enforcement or other government agencies.
At its sole discretion, Pixinoid may modify or discontinue the Service, or may modify, suspend or terminate your access to the Service, for any reason, with or without notice to you and without liability to you or any third party.
In addition to suspending or terminating your access to the Service, Pixinoid reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal or injunctive redress. Even after your right to use the Services is terminated, this Agreement will remain enforceable against you and unpaid amounts you owe to Pixinoid will remain due.
All provisions of the Agreement which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
Your access to the Service may occasionally be suspended or restricted to allow for repairs, maintenance, or due to the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction. You agree that Pixinoid will not be liable for any losses that may be incurred by you if for any reason all or part of the Service is unavailable at any time or for any period for use.
The Services can be accessed from countries around the world and may contain references to Services and Content that are not available in your country. These references do not imply that Pixinoid intends to announce such Services or Content in your country. Services are controlled and offered by Pixinoid from its facilities in India. Pixinoid makes no representations that Services are appropriate or available for use in other locations. Those who access or use Services from other countries do so at their own volition and are responsible for compliance with local law.
You agree to indemnify and hold Pixinoid, its parents, subsidiaries, affiliates, officers, employees, agents, partners, suppliers, and licensors (each, a “Pixinoid Party” and collectively, the “Pixinoid Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any and all of the following:
Pixinoid reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Pixinoid in asserting any available defenses. This provision does not require you to indemnify any of the Pixinoid Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Application or any Service provided hereunder.
You agree that the provisions in this section will survive any termination of your Account, the Agreement and/or your access to Service.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. PIXINOID EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USAGE OF THE SERVICE.
Pixinoid parties make no warranty, representation or condition that:
Any content downloaded from or otherwise accessed through the Service is accessed at your own risk, and you shall be solely responsible for any damage to your property, including, but not limited to, your computer system and any device you use to access the Service, or any other loss that results from accessing such content.
The Service may be subject to delays, cancellations and other disruptions. Pixinoid makes no warranty, representation or condition with respect to the Service, including but not limited to, the quality, effectiveness, reputation and other characteristics of the Service.
No advice or information, whether oral or written, obtained from Pixinoid or through the services will create any warranty not expressly made herein.
From time to time, Pixinoid may offer new "beta" features or tools with which its users may experiment. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at Pixinoid's sole discretion. The provisions of this section apply with full force to such features or tools.
You acknowledge and agree that Pixinoid parties are not liable, and you agree not to seek to hold Pixinoid parties liable, for the conduct or omissions of third parties, including any users of the Service, and that the risk of injury from such third parties rests entirely with you.
You are solely responsible for all of your interactions with other users of the Service. You understand that Pixinoid does not make any attempt to verify the statements of users of the Service. Pixinoid makes no representations or warranties as to the conduct of users of the Service. You agree to take reasonable precautions in all interactions with other users of the Service.
You understand and agree that in no event shall Pixinoid be liable for any loss of profits, revenue or data, indirect, incidental, special, or consequential damages, or damages or costs due to loss of production or use, business interruption, procurement of substitute goods or services, in each case whether or not Pixinoid has been advised of the possibility of such damages, arising out of or in connection with the agreement or interactions with other users of services, on any theory of liability, resulting from:
Except for Pixinoid's obligations to protect your personal data as set forth in the Pixinoid's Privacy Policy, Pixinoid assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any content (including, but not limited to, your Content and user content), user communications or personalization settings.
IN NO EVENT SHALL PIXINOID’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED TWENTY FIVE THOUSAND RUPEES (₹ 25,000) OR THE FEES PAID BY YOU DURING THE TWELVE (12) MONTHS PRIOR TO THE FIRST EVENT GIVING RISE TO SUCH LIABILITY, WHICHEVER IS HIGHER.
These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts located in Bangalore, India, to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Pixinoid shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein.
The failure of either party at any time to require performance of any provision of this Agreement in no manner shall affect such party's right at a later time to enforce the same. No waiver by either party of any breach of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or construed as, a further or continuing waiver of any other such breach, or a waiver of any other breach of this Agreement.
Pixinoid shall not be liable for failure to perform, or the delay in performance of, any of its obligations if, and to the extent that, such failure or delay is caused by events substantially beyond its control, including but not limited to acts of God, acts of the public enemy or governmental body in its sovereign or contractual capacity, war, terrorism, floods, fire, strikes, epidemics, civil unrest or riots, power outage, and/or unusually severe weather.
If any provision of this Agreement shall to any extent be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall in no way be affected or impaired thereby and each such provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
In such a case, this Agreement shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the rights and commercial expectations of the parties hereto, as expressed herein.
We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you. You are advised to check our website frequently to see recent changes and to keep yourself updated with the most recent updates.
By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Services.
Pixinoid is a photo sharing platform for events, conferences, weddings, and more. Share photos with guests, collect photos from guests, and create digital albums.