These terms and conditions govern your use of the Pixyvue product and related services (collectively, "Services") and software that we include as part of the Services, including any applications, Content Files (defined below), scripts, instruction sets, and any related documentation (collectively "Software"). By using the Services or Software, by checking the box marked "I Accept," or by otherwise affirmatively manifesting your assent to these terms and conditions, you hereby acknowledge and agree that you have read and agree to the terms and conditions of this End User License Agreement (the "Agreement") and our Privacy Policy and you agree that your subscription will auto-renew until you cancel your subscription. As discussed more in Section 3 below, you retain all rights and ownership you have in your content that you make available through the Services.

1. How this Agreement Works

1.1 Choice of Law

The Services and Software are governed by the law of the State of Washington, U.S.A. You may have additional rights under the law. We do not seek to limit those rights to the extent prohibited by law.

1.2 Privacy

The Pixyvue Privacy Policy governs any personal information you provide to us. You can review its terms here Privacy Policy. Your use of the Services and Software are expressly conditioned on your acceptance of the terms set forth in the Privacy Policy.

1.3 Software

The Software is licensed, not sold, only in accordance with these terms.

1.4 Modification

We may modify or discontinue the Services, Software, or any portions or features thereof at any time without liability to you or anyone else. However, we will make reasonable effort to notify you before we make the change. We will also allow you a reasonable time to download your content. If we discontinue a Service in its entirety, then we will provide you with a pro rata refund for any unused fees for that Service that you may have prepaid.

1.5 Users

If you are entering into this Agreement on behalf of an entity or other organization, then (a) you represent and warrant that you are authorized to enter into this Agreement on such entity or organization's behalf, and (b) "you" as used throughout this Agreement shall refer to such entity or organization.

2. Use of the Services

2.1 License

Subject to your compliance with these terms and the law, you may access and use the Services through our web application on Mac and Windows computers, our iOS and Android mobile applications, and TV applications for Smart TVs, Apple TV, Fire TV/Firestick, and Roku.

2.2 Ownership of the Services and Software

We (and our licensors) remain the sole and exclusive owner of all right, title, and interest in the Services and Software. We reserve all rights not granted under these terms.

2.3 Storage

When the Services provide storage, we recommend that you continue to back up your content regularly. We may create reasonable technical limits on your content, such as limits on file size, storage space, processing capacity, and other technical limits.

2.4 Upgrades

You acknowledge that we may from time to time issue upgraded versions of the Software or Services, and may automatically electronically upgrade the version of the Software or Services that you are using on mobile devices or TV applications. You consent to such automatic upgrading, and agree that the terms and conditions of this Agreement will apply to all such upgrades.

3. Your Content

3.1 Ownership of Your User Content

Some areas of the Services and Software may now or in the future allow users to submit, post, display, make available or otherwise provide for public consumption content such as profile information, videos, images, comments, questions, and other content or information ("User Content"). We claim no ownership rights over User Content created by you. You retain all rights and ownership of your User Content; however, you understand that by sharing User Content with other users through the Software and Services, you agree to allow those other users to view, edit, and/or share your User Content in accordance with your settings and this Agreement. We have the right (but not the obligation) in our sole discretion to remove any User Content that is shared via the Software or Services.

3.2 Limitations on User Content You May Post or Provide

You agree not to post User Content that:

• (a) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal;
• (b) may create a risk of any other loss or damage to any person or property;
• (c) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
• (d) may constitute or contribute to a crime or tort;
• (e) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, obscene, or otherwise objectionable;
• (f) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets);
• (g) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or
• (h) contains any information or content that you know is not correct and current.

You agree that any User Content you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy.

For the purposes of this Agreement, "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

3.3 User Content License Grant

By posting or otherwise making publicly available any User Content on or through the Software or Services, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to us a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Software and Services.

4. Prohibited Uses

You agree not to:

• Use the Services or Software in any unlawful manner or in violation of this Agreement;
• Use the Services or Software to transmit, distribute, post or submit any information concerning any other person or entity without their permission;
• Use the Services or Software to transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
• Use the Services or Software in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of the Services or Software;
• Attempt to gain unauthorized access to any portion of the Services or Software or any other accounts, computer systems, or networks connected to the Services or Software, through hacking, password mining, or any other means;
• Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Services or Software;
• Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Services or Software, features that prevent or restrict use or copying of content accessible through the Services or Software, or features that enforce limitations on use of the Services or Software.

5. Account Security

You are responsible for maintaining the confidentiality of your account credentials. You agree to notify us immediately of any unauthorized use of your account. We are not liable for any loss or damage arising from your failure to comply with this section.

6. Termination

You may terminate your account at any time. We may also terminate or suspend your account and access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Agreement. Upon termination, your right to use the Services will immediately cease.

7. Warranty Disclaimers

THE SERVICES AND SOFTWARE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICES OR SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICES OR SOFTWARE WILL BE CORRECTED.

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PIXYVUE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OF THE SERVICES OR SOFTWARE.

9. Indemnification

You agree to indemnify, defend, and hold harmless Pixyvue and its officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from: (a) your use of and access to the Services or Software; (b) your violation of any term of this Agreement; (c) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (d) any claim that your User Content caused damage to a third party.

10. Application Platform Terms

10.1 Apple

If the Software is downloaded from the Apple App Store, then you acknowledge and agree to the following additional terms: (a) Apple has no liability for the Software and its content; (b) Your use of the Software is limited to a non-transferable license to use the Software on any iPhone™, iPad™ or iPod Touch™ that you own or control as allowed by the Application Store Terms of Service; (c) Apple has no obligation whatsoever to furnish any maintenance or support services for the Software; (d) to the extent permitted by applicable law, Apple has no warranty obligation to the Software and Pixyvue will be responsible for any claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty set forth in this Agreement; (e) Apple is not liable for any claims relating to the Software or your possession and/or use of the Software; and (f) Apple and its subsidiaries are third party beneficiaries of this Agreement with respect to any Software, and that Apple will have the right to enforce the Agreement against you as a third party beneficiary.

10.2 Google Play

If the Software is downloaded from the Google Play Store, then you acknowledge and agree that Google has no liability for the Software and its content, and Google has no obligation whatsoever to furnish any maintenance or support services for the Software.

10.3 TV Platforms

If the Software is downloaded from Apple TV App Store, Amazon Fire TV, Roku Channel Store, or other TV platform stores, you acknowledge that the respective platform provider has no liability for the Software and its content, and has no obligation to furnish maintenance or support services for the Software.

11. Dispute Resolution and Arbitration

11.1 Informal Resolution

Most concerns can be resolved quickly and to your satisfaction by contacting us at support@pixyvue.com.

11.2 Binding Arbitration

If you and Pixyvue cannot resolve a dispute through the informal process, you and Pixyvue agree that any dispute, claim, or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation, or validity thereof, shall be settled by binding arbitration in accordance with the rules of the American Arbitration Association.

11.3 Class Action/Jury Trial Waiver

You and Pixyvue agree that all claims must be brought in the parties' individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceeding. You agree that, by entering into this agreement, each of us is waiving the right to a trial by jury or to participate in a class action.

12. Governing Law

This Agreement shall be governed in all respects by the laws of the State of Washington, U.S.A., without regard to its conflict of law provisions.

13. Entire Agreement

These terms constitute the entire agreement between you and us regarding your use of the Services and Software and supersede any prior agreements between you and us relating to the Services.

14. Contact Us

If you have questions about this Agreement, please contact us at support@pixyvue.com or through our support channels available on our website.