Terms of Service

Welcome to XPixel, operated by CoolBeeAI LLC("Company", "we", "our", "us"). These Terms of Service ("Terms") govern your access to and use of the XPixelwebsite, products and services (the "Service"). By accessing or using the Service you agree to be bound by these Terms.

1. Acceptance of Terms

By creating an account, accessing, or using any portion of the Service, you represent that (a) you are at least 13 years old; (b) you have read, understood and agree to these Terms and our Privacy Policy; and (c) if you are using the Service on behalf of an organization, you have authority to bind that organization.

2. Changes to Terms

We may modify these Terms from time to time. Material changes will be announced on the Service or by email at least 30 days before they take effect. Continued use of the Service after the effective date constitutes acceptance of the revised Terms.

3. Accounts and Security

You are responsible for maintaining the confidentiality of your credentials and for all activity under your account. Notify us immediately at [email protected] of any unauthorized access.

4. Acceptable Use

You agree to use the Service in compliance with applicable law. The following content and conduct are strictly prohibited.

Prohibited content. You may not upload, process or generate:

• Material that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racist, or otherwise objectionable;
• Child sexual abuse material (CSAM) or any content that sexualises minors;
• Material that infringes copyrights, trademarks, trade secrets, or other intellectual-property rights;
• Material that contains personal data of identifiable individuals without their consent;
• Content that glorifies violence, terrorism, self-harm, or other illegal acts.

Prohibited conduct. You may not use the Service to:

• Generate or modify content for impersonation, fraud, defamation, harassment, or non-consensual sexual imagery (including deepfakes);
• Generate content for political manipulation, election interference, or large-scale disinformation;
• Pass AI-generated content off as authoritative or human- authored without the disclosure required by applicable law or platform;
• Send spam, unsolicited commercial messages, or mass-distribute generated content;
• Reverse-engineer, decompile, or circumvent the Service's technical protections;
• Scrape, automate, or otherwise access the Service in a way that exceeds documented quota or rate limits;
• Share account credentials, resell access, or create multiple accounts to evade limits or moderation;
• Use outputs of the Service to train competing AI models without our prior written permission;
• Interfere with the Service, attempt unauthorised access, or introduce viruses or malicious code;
• Use the Service for any illegal, fraudulent, or otherwise unauthorised purpose.

We may remove content, suspend or terminate accounts, and report serious violations to law-enforcement authorities at our discretion.

5. Your Content

You retain ownership of all data, text, files and other material you submit to the Service ("Your Content"). You grant us a worldwide, non-exclusive, royalty-free license to host, copy, transmit and display Your Content solely to operate and improve the Service.

You represent that you have all rights necessary to submit Your Content and that Your Content does not infringe any third-party right.

6. Our Intellectual Property

The Service, including all software, designs, trademarks and content we provide, is owned by CoolBeeAI LLC or its licensors and protected by intellectual property laws. No license is granted to you except the limited, revocable right to use the Service per these Terms.

7. Subscriptions, Fees and Refunds

7.1 Billing

Paid plans are billed in advance on a recurring basis through our payment processor. You authorize us to charge the payment method on file for all applicable fees and taxes until you cancel.

7.2 Cancellation

You may cancel at any time from your account settings. Cancellation takes effect at the end of the current billing period; no pro-rata refunds are issued for mid-cycle cancellation except as required by law or as described in §7.3.

7.3 Refund Window

Subject to our Refund Policy, you may request a refund of the most recent subscription payment within 14 days of that charge by contacting [email protected]. EU/UK consumers have statutory withdrawal rights that are not limited by this clause.

8. Third-Party Services

The Service relies on third-party service providers for infrastructure, payment, email delivery, and AI model inference. Their use of your data is governed by their own terms and privacy notices and is described at a categorical level in our Privacy Policy.

9. Privacy

Our Privacy Policy describes how we collect, use and protect personal data.

10. Warranty Disclaimer

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. We do not warrant that the Service will be uninterrupted, error-free or secure.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL COOLBEEAI LLC BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS OR DATA, ARISING OUT OF YOUR USE OF THE SERVICE. OUR AGGREGATE LIABILITY FOR DIRECT DAMAGES SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.

Nothing in this section limits or excludes liability that cannot lawfully be limited or excluded under applicable consumer-protection law (including the rights of consumers resident in the European Economic Area and the United Kingdom).

12. Indemnification

You agree to indemnify and hold harmless CoolBeeAI LLC and its officers, directors, employees and agents from any claim arising out of (a) your use of the Service; (b) Your Content; (c) your breach of these Terms; or (d) your violation of any third-party right, including intellectual-property or privacy rights.

13. Termination

We may suspend or terminate your access to the Service at any time for material breach of these Terms or applicable law. Sections that by their nature should survive termination — IP, disclaimers, liability limits, indemnification and dispute resolution — shall survive.

14. Governing Law

These Terms are governed by the laws of California, USA, without regard to conflict-of- laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

15. Dispute Resolution

The parties shall first attempt to resolve any dispute through good-faith negotiation. Unresolved disputes shall be submitted to the exclusive jurisdiction of the competent courts of California, USA, except where mandatory consumer- protection law grants you the right to bring claims in your place of residence.

16. Severability

If any provision of these Terms is held to be invalid or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.