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TERMS AND CONDITIONS

Last Updated - July 5, 2023

This page states the Terms and Conditions under which you (Visitor/ You) may avail services from TECHSHRESTA SOLUTIONS PRIVATE LIMITED (“PIKSPIRE”). Prior to utilizing our online image editing services and processing the payment, we kindly ask you to thoroughly review and accept the following Terms and Conditions Agreement. By accessing our website and engaging with our services, you acknowledge that you have read, comprehended, and consented to abide by the terms and conditions stated herein. If you disagree with any aspect of this agreement, we request that you refrain from using our services.

  1. Definitions:

    "Pikspire" refers to the website, its owners, employees, and affiliates. "User" or "You" refers to any individual or entity accessing and using our services.

  2. Services:

    Pikspire provides online image editing services, allowing users to upload, edit, and download images through the website.

  3. Acceptance of Terms

    By clicking the "I Accept" button or using our services, you signify your acceptance of these terms and agree to be legally bound by this agreement. If you do not agree with any of the terms, you must refrain from using our services.

  4. Visitor Eligibility Criteria

    To utilize Pikspire's services, visitors must meet specific eligibility criteria. Visitors must be at least 14+ years old or of the legal age of majority in their jurisdiction, possess the legal capacity to enter binding agreements, and adhere to all relevant laws and regulations. By accessing and using Pikspire's services, visitors confirm their fulfillment of these eligibility criteria. For visitors aged 14 to 18 who access our services, Pikspire acknowledges that they may not form binding agreements due to legal limitations. In case of any disputes concerning the Terms and Conditions or any clauses outlined on this website, these visitors' legal guardians are deemed responsible for resolution. It is understood that the age at which legal majority is attained may vary based on the Visitor's native country's regulations.

  5. Submission of Images and Delivery

    1. 5.1. You are required to provide images that adhere to Pikspire's resolution and file format guidelines. We endeavor to deliver top-notch edited images, and if we don't receive any error notification through your account page on Pikspire's website within seven (7) days, the returned image will be considered accepted.
    2. 5.2. Pikspire delivers the edited images to you through a public web address (e.g., URL). You can access and retrieve your edited images by downloading them from the URL sent to you via email or FTP servers.

  6. Prohibited Content Upload Clause

    You agree not to upload, submit, or share any images that violate applicable laws or regulations, including but not limited to images that contain explicit content, hate speech, copyrighted material, or any other content deemed unlawful. Pikspire reserves the right to remove and report any such prohibited content, and you acknowledge that you are solely responsible for the images you upload in compliance with the law.

  7. Image Acceptance and Proceeding

    1. 7.1. Pikspire reserves the right to review and accept or reject images based on content guidelines and quality criteria. Only after an image's acceptance will the editing process proceed. Rejected images will be notified.
    2. 7.2 Pikspire shall have the right to store a copy of edited work for a period of 7 days post which it will be deleted.

  8. Compliance with Laws

    You commit to adhering to all relevant local and international laws, statutes, regulations, and ordinances associated with your use of our platform. Pikspire retains the right to address reported violations of these Legal Terms, including actions such as terminating your account, notifying law enforcement or third parties of suspected unlawful activity, and sharing pertinent information as required by our Privacy Policy.

  9. Payment and Pricing

    1. 9.1. The payment price list for the image editing services is provided based on the type of service availed by You. Pikspire, presents a comprehensive pricing model that outlines the charges associated with different image editing services. You may refer to this price list to determine the applicable rates for the specific service they wish to avail. Pikspire reserves the right to modify its price list without prior notice.
    2. 9.2. Upon receipt of payment, the Service Provider shall verify the payment and process the Customer's order accordingly. You shall be responsible for any applicable taxes, duties, or other fees related to the image editing services, excluding taxes on the Pikspire's income. Upon receipt of payment, the Service Provider shall verify the payment and process the Customer's order accordingly.
    3. 9.3. Pikspire's service charges are subject to variation. Pikspire may adjust prices for pre-paid or outstanding work and will provide notice before confirming new orders. By continuing to use Pikspire's services after a price change, you accept the updated pricing in accordance with applicable laws. Pikspire retains the right to periodically update prices, effective immediately for applicable services. While advance notice may not be provided, clients will view the price before confirming orders, except under separate agreements.

  10. User's Responsibilities and Intellectual Property License
    1. 10.1. Pikspire respects intellectual property rights and expects users to adhere to the same standards. Pikspire have established certain guidelines to ensure that the Pikspire platform can continue offering its services effectively.
    2. 10.2. The following actions are strictly prohibited:
      1. 10.2.1. Copying, distributing, reproducing, ripping, recording, transferring, performing, displaying, or making available any portion of the Pikspire platform, including content, without explicit authorization under the Agreements or relevant laws. This includes actions that infringe upon intellectual property rights, such as copyright.
      2. 10.2.2. Utilizing the Pikspire service to import or copy local files without possessing the necessary legal rights to do so.
      3. 10.2.3. Transferring cached content from an authorized device to another device through any means.
      4. 10.2.4. Reverse-engineering, decompiling, disassembling, modifying, or creating derivative works based on the Pikspire platform or its content, except when permissible by applicable law.
      5. 10.2.5. Evading any technology implemented by Pikspire, its licensors, or third parties to safeguard the content or service.
      6. 10.2.6. Selling, renting, sublicensing, leasing any part of the Pikspire platform or content.
      7. 10.2.7. Bypassing territorial restrictions imposed by Pikspire or its licensors, or manipulating the service through scripts or automated processes.
      8. 10.2.8. Altering or removing copyright, trademark, or other intellectual property notices present in or provided through the Pikspire platform.
      9. 10.2.9. Sharing your password with others or using someone else's username and password.
      10. 10.2.10. Engaging in "crawling" or using automated means such as bots, scrapers, or spiders to collect information from Pikspire.
      11. 10.2.11. Selling a user account or accepting any form of compensation, financial or otherwise.
    3. 10.3. You acknowledge and agree that posting User Content that violates these guidelines may result in immediate suspension or termination of your Pikspire account. Additionally, Pikspire reserves the right to reclaim usernames for any reason.
    4. 10.4. Your password is a crucial element for securing your user account. You are solely responsible for maintaining the confidentiality and security of your password. You understand that any use of your username and password is your responsibility. If your username or password is compromised or lost, or if you suspect unauthorized account access, please notify us promptly and update your password without delay.
    5. 10.5. By using Pikspire's image editing services, you acknowledge and agree that you are solely responsible for the images submitted, and you must own the necessary rights or have proper authorization to use them. Pikspire reserves the right to reject any image for inappropriate content. By submitting images and completing payment, you grant Pikspire a non-exclusive license to edit and use the images for the service requested, while retaining your intellectual property rights.
    6. 10.6. By using Pikspire's services, visitors hereby acknowledge and represent that they are aged 14 or above. Further acknowledges that, the age at which legal majority is attained may vary according to the laws of the Visitor's native country.
    7. 10.7. Pikspire explicitly disclaims any obligation to verify the age of accessing visitors and, consequently, shall not be held accountable for any consequences stemming from the age representation. By utilizing Pikspire's services, visitors aged 14 to 18 and their legal guardians release Pikspire from any associated responsibilities.
  11. Indemnification

    By uploading images to the Website, you agree to indemnify, defend, and hold harmless the Pikspire and its affiliates from any claims, losses, damages, liabilities, and expenses arising from or related to the images you upload, including claims of infringement, privacy violations, or defamation. The Pikspire reserves the right to control the defense of such claims, and you agree to cooperate fully in such defense.

  12. Marketing Permissions

    By using Pikspire's services, you grant Pikspire the permission to use your name and/or logo in any of its marketing materials, both online and offline, for the sole purpose of identifying you as a Pikspire customer. This permission extends to showcasing Pikspire's portfolio and promotional materials without requiring additional approval or compensation..

  13. Disclaimer of Warranties

    By using Pikspire's image editing services, You acknowledge and agree that the services are provided on an "as-is" and "as-available" basis. Pikspire makes no warranties, express or implied, regarding the image editing services, including but not limited to the accuracy, quality, timeliness, completeness, or reliability of the edited images. Pikspire disclaims all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, or any other warranties arising from a course of dealing or trade usage. You understand and agree that the use of the image editing services is at your own risk, and Pikspire shall not be liable for any direct, indirect, incidental, consequential, or exemplary damages, whether foreseeable or not, arising from or in connection with the use of the services. Pikspire does not warrant that the image editing services will meet your specific requirements, be error-free, or that any errors or defects in the services will be corrected. Any reliance on the edited images or the image editing services is solely at your own discretion and risk. Pikspire shall not be responsible for any delays, disruptions, or damages caused by technical issues, server downtime, or other unforeseen circumstances.

  14. Limitation of Liability

    In no event shall Pikspire, its directors, officers, employees, agents, or affiliates be liable for any indirect, incidental, special, consequential, or exemplary damages, including but not limited to, loss of profits, data, or goodwill, arising from or in connection with the use or inability to use the image editing services provided by Pikspire. The total aggregate liability of Pikspire for any and all claims, whether in contract, tort, or otherwise, shall not exceed the total amount paid by You for the specific services rendered by Pikspire.

  15. Data Privacy

    At Pikspire, we prioritize your data privacy and strictly adhere to the principles set forth by the General Data Protection Regulation (GDPR) and applicable data protection laws. We collect and process your personal information solely for the purpose of providing and enhancing our image editing services, communicating with you, and ensuring a seamless user experience. Your data is securely stored, and we implement appropriate measures to protect it from unauthorized access or disclosure. We do not share your personal information with third parties for marketing purposes without your explicit consent. For any inquiries or to exercise your data subject rights, please contact us. Our commitment to data privacy ensures that your information is handled with the utmost care and compliance with relevant regulations.

  16. Changes to the Terms and Conditions

    Occasionally we may, in our discretion, make changes to the T&C. It is your responsibility to check these T&C periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these T&C, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

  17. Miscellaneous Provisions
    • This Agreement applies only to You and may not be assigned or transferred by You. This Agreement shall be binding upon, and inure to the benefit of, the successors and assigns of Pikspire.
    • The provision of image editing services by Pikspire shall be governed by and construed in accordance with the laws of India.
    • This Agreement applies only to You and may not be assigned or transferred by You. This Agreement shall be binding upon, and inure to the benefit of, the successors and assigns of Pikspire.
    • Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts in Udupi, Karnataka, India.
    • Any waiver of any provision of this Agreement shall not be deemed a waiver of any other provision or a continuing waiver.
    • If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
    • Pikspire shall not be liable for any alleged loss or damages resulting from events beyond its reasonable control.
    • Pikspire reserves the right to modify, update, or amend this agreement at any time. The updated terms shall be effective upon posting on the website. It is your responsibility to review the terms periodically.
    • Pikspire will strive to maintain operational status, yet temporary interruptions due to technical issues or maintenance may occur. Pikspire reserves the right, periodically and at its discretion, to modify or suspend functions and features of the service, with or without notice. This includes potential discontinuation of features. Pikspire has no obligation to maintain, support, upgrade, or update the platform or specific content. Content removal may occur at Pikspire's discretion and as allowed by applicable laws.
    • Comprehensive instructions for account creation are available on the website in video format. In the event of any inquiries or questions, visitors can directly contact us at [email protected]. We are here to assist you.

    18. By clicking the "I Accept" button, you confirm that you have read, understood, and agreed to the terms and conditions of this Agreement.