PRIVACY POLICY

This Privacy Policy describes how Qube LLC and Pixomatic LLC ("Pixomatic", "pixomatic", "We", "Us", or “Our"; Pixomatic LLC if refers only to Pixomatic LLC and Qube LLC if refers only to Qube LLC) protects your privacy when you use all Pixomatic mobile phone applications or Pixomatic web version ("Apps"). Apps designed to take a picture via your camera, edit the pictures including those of in your albums and perfect these photos, saving you pictures in your mobile device, PC and/or cloud by using iOS, Android and web browser, as well as share your creation through social media and email. Our Apps included Firebase, Fabric.io, Facebook, Adjust SDKs.

We act as data controller for the purposes of this Privacy Policy and use and share as further described below.

Pixomatic LLC is the company who operates App which you download and install from the Google Play as well as Pixomatic web version.

Qube LLC is the company who owns and operates App which you download and install from the App Store.

Pixomatic LLC collects your personal data if you are a user of App downloaded from the Google Store.

Qube LLC collects your personal data if you are a user of App downloaded from the App Store. Qube LLC transfer your data to Pixomatic LLC for the purposes defined in this Privacy Policy and Pixomatic LLC acts as processor of personal data collected by Qube LLC.

Pixomatic LLC locates at 1214 Grandview Ave Apt C Glendale, Ca 91201, USA. Pixomatic LLC acts in accordance with the USA legislation.

Qube LLC locates at 27/4 Azatutyan ave., Yerevan, Armenia, 0014. Qube LLC acts in accordance with the Armenian legislation, in particular the Law of Armenia on Protection of personal data.

If you are in European Economic area the data protection regulation of this area may be applicable to you as well depends on the legislation of state where we operate.

PLEASE READ THIS PRIVACY POLICY CAREFULLY. BY ACCESSING OR USING THE APPS, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS AND CONDITIONS INCORPORATED BY REFERENCE. THIS PRIVACY POLICY IS PART OF AND INCORPORATED INTO PIXOMATIC'S TERMS OF USE ("Terms of use"). IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS SET FORTH BELOW AND GIVE US ACCESS TO YOUR PERSONAL DATA DEFINED BELOW YOU CANNOT PROVIDE YOU OUR SERVICES AND THEREFORE YOU MAY NOT USE THE APPS.

This Privacy policy describes how we collect and use your personal data through our Apps and the rights and options available to you as regards to your personal information.

This Privacy Policy applies to information (including personal information) collected through the APPS.

The What & How Information We Collect

When you use our Apps, we obtain some of the information from the following sources (“Third Parties) based on their Privacy Policies:

  1. Firebase(Google); Firebase privacy policy is available here.
  2. Fabric.io; Fabric's privacy policy is available here.
  3. Facebook;Facebook's privacy policy is available here.
  4. Adjust; Adjust’s privacy policy is available here.

We use the following third party services and their APIs for the image search:

  1. Pixabay; Pixabay privacy policy is available here.
  2. Unsplash; Unsplash privacy policy is available here.
  3. Bing image search API; privacy policy is available here.

These Third Parties may also collect your information through their designated code incorporated in our Apps (SDK).

By obtaining your personal data from Third Parties we continue to protect that data pursuant to this Privacy Policy and any applicable regulation as regards to that data.

We may directly collect personal data such as your name, email, your edited photos, editing sessions, cutouts, final images (in case you decide to back up your photo to our cloud) when you become login user of Apps.

We and PayPal Holdings, Inc. has an agreement and create tool allow you to have direct access to Paypal online payments system through our Apps. We do not store any information as regards to your credit card and payments. You transfer your data directly to PayPal Holdings, Inc. PayPal Holdings, Inc transfers to us money paid as fee for our services by indicating that you made that payment without any other information.

We and Stripe Inc. has an agreement to make online payments through web version of our Apps. We do not store any information as regards to your credit card and payments. You transfer your data directly to Stripe Inc. Stripe Inc. transfers to us money paid as fee for our services by indicating that you made that payment without any other information.


When you use our Apps we will record and collect the following information:

  1. Unique operational identifiers, that allow us to identify a user across multiple devices,
  2. Unique advertising identifiers. We use it for advertising as we further describe in this Policy.
  3. IP address from which you access the Apps. We can also identify your geo-location via your IP address.
  4. Device information, including device type, operating system version, time zone and your preferred languages.
  5. Usage information, such as the time and date you accessed the Apps, the features you used, your preferences and for how long you use an App every time you launch it.

When you intend to use all tools of Apps, you must log in to use them (saving editing sessions, saving edited picture in cloud etc.). In this case we collect personal data described above.

How we use your personal data

We use your personal data for the following purposes:

  1. Maintain and improve our Apps as well as provide services to you;
  2. Develop new services and features;
  3. Enrich the content and features available on our Apps;
  4. Adapt the Apps, its features and functionality to users’ preferences;
  5. Analysis of marketing efficiency.

The legal basis under EU law for processing and collecting Analytical Data is our legitimate interests in operating our Apps, ongoing management of our business and business development.

Subject to your informed consent, we will use the Analytical information we obtain to serve you with advertisements to products and services that we believe may suit your interests.

The legal basis under EU law for collection and processing your personal data for profiled advertising purposes is your explicit consent. Should you wish to opt your data out of our advertising you should contact us at dpo@pixomatic.us

Security and data retention

We retain personal data as long as we need it for the purposes for which it was obtained or until you ask to delete it. If you ask us to delete the personal data, we may still have to retain it to comply with our legal obligations, resolve disputes and enforce our agreements.

Please note that log out does not mean your instruction to delete or restrict your personal data. For erasure of your personal data or its restriction you must instruct as to do so explicitly.

We implement measures to reduce the risks of damage, loss of information and unauthorized access or use of information. However, these measures do not provide absolute information security. Therefore, although efforts are made to secure your personal information, it is not guaranteed, and you cannot expect that the Service will be immune from information security risks.

International data transfers

Pixomatic LLC is based in the USA. The information Pixomatic LLC collects from you will be processed in US which has recognized by the European Union as having adequate protection for personal data (limited to the Privacy Shield framework). Pixomatic LLC is not in the Privacy Shield framework.

Qube LLC is base in the Republic of Armenia. The information Qube LLC collects from you will be passed for processing to the Pixomatic LLC to US. Armenia has not recognized by the European Union as having adequate protection for personal data. Armenia has a Law “On protection of personal data”, according to which personal data subject is entitled to submit a compliant to the Data protection Agency of Armenia.

Pixomatic LLC and Qube LLC may transfer your data to third parties abroad for the purposes defined in this Privacy policy for which you give us your explicit consent.

Your EU Rights

If you are in the EU, you have the right to access the personal information about you that we store on our systems, and have us update, correct or delete it. You are also entitled to obtain from us your personal data (excluding data we obtained from other sources) in a structured, commonly used and machine-readable format, and have the right to transmit those data to another data controller. If you wish to exercise any of these rights, contact us at dpo@pixomatic.us

If you are in the EU, you can lodge a complaint to the supervisory authority under the General data Protection Regulations ("GDPR"), in particular in the Member State of your residence, place of work or where the alleged infringement of the GDPR occurred. For a list of supervisory authorities in the EU, click here..

When and how we share personal data with others

We will not share your information with third parties, except for following cases for which you give us your explicit and informed consent:

  1. We will share your information with our service providers who assist us to operate, improve, develop and promote of our Apps. Our service providers are authorized to use your personal data only as necessary to provide us with their services and not for their own purposes. We do not sell your personal data to third parties.
  2. Third parties from whom we may collect your personal data will have access to your personal data as well because of incorporation of their codes in our Apps.
  3. In case you breach the Terms and Conditions, this Privacy policy or any other agreement you have with us, abused your rights to use the Apps, or violate any applicable law, your information will be shared with third parties (such as legal counsels and advisors), who handle the matter on our behalf, or with the competent authorities.
  4. If we are bound to disclose your information by a judicial order or by a governmental or regulatory authority acting within its legal authority, we will comply and share the Information.
  5. If we organize the operation of our company within a different framework, or through another legal structure or entity (such as due to a merger or acquisition) - we will share your personal data to enable the structural change. However, the receiving party will be bound by this Privacy Policy.

Minors

The Apps are not intended for minors under the age of 16. IF YOU ARE UNDER THE AGE OF 16 YOU MAY NOT USE THE APPS.

Changes to this Privacy Policy

We may change this Privacy Policy from time to time. If we make any changes to this Privacy Policy that we think materially alter your rights, then we will post the latest policy to this site and change the "Last Updated" date above. We encourage you to review this Privacy Policy whenever you visit the Apps to understand how your information is used.

Cookies

Cookies are short text files stored on a user’s device (such as a computer, tablet or phone) by a website.

Cookies are used for the technical functioning of a website or for gathering statistics.

Cookies are also typically used to provide a more personalised experience for a user for example, when an online service remembers your user profile without you having to login.

When you visit Pixomatic web version, we may collect some data on your browsing experience such as your IP address, the Pixomatic page you visited, when you visited and the website page you were redirected from.

This information is used to gather aggregated and anonymous statistics with a view to improving our services and to enhance your user experience.

When you visit the Pixomatic website, we will keep the browser history of your visit for a maximum of 3 months. This information will then be deleted.

The collection, aggregation and anonymising operations are performed under adequate security measures.

Should you wish to opt your data out of our anonymised, aggregated statistics, you can do so by contacting us at dpo@pixomatic.us.

Contact us

If you have any questions or requests concerning your personal data or about our privacy practices and policies, you may contact us at: pro.support@pixomatic.us.

The European representative of Pixomatic, for purposes of European regulation of data protection will be Dimitar Kolchakov. If you are within the European Economic Area, you may contact our European representative at: dpo@pixomatic.us.

PIXOMATIC PRO TERMS OF USE

TERMS

These "Terms" govern your access and use of the Pixomatic mobile phone applications or Pixomatic web version ("Apps" or “Pixomatic Services”).

If you do not agree to all the terms and conditions of these Terms, or you do not have such authority, or you do not meet the eligibility requirements, you should cease any and all access or use of the Pixomatic Services.

Access to the Pixomatic Services

Pixomatic hereby grants you a non-exclusive, non-transferable, revocable, limited license, without the right to grant or authorize sublicenses, to use the Pixomatic Services, provided that you will use the Pixomatic Services only as permitted by these Terms.

Basic Rules

You understand and agree that:

Do not:

Some Basic Rights of Pixomatic

We reserve the right, for any reason and without notice at any time, to:

Content on Pixomatic

Your content is yours. Pixomatic does not claim any ownership rights in the Content that you, other users, or third parties upload, edit, keep, display or share on or through the Pixomatic Services (collectively, "User Content").

Saving and Sharing. The Pixomatic Services allow you to (1) keep Content private by only saving to your Gallery, or (2) share your Content with third-party services like Instagram, Facebook, and others.

Content you share with third parties. When you share your Content through a third-party service that is integrated with the Pixomatic Services (such as Instagram, Facebook, or Twitter), you authorize us to deliver the Content (or a version that we've modified, as needed) to that third-party service. This means that the third-party service's handling of your Content will be subject to its own agreement with you, for which we are not responsible.

Hardware, Software, and Modification. Except for User Content, Pixomatic owns the actual bits and bytes of data on its servers. You have no property or other interest in those bits and bytes, or to any Pixomatic servers, infrastructure, or the Services we offer. Also, Pixomatic performs technical functions necessary to offer the Pixomatic Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the Pixomatic Services.

Pixomatic Content. The Pixomatic Services contain Content owned by Pixomatic and its licensors (collectively the "Pixomatic Content"). Pixomatic Content is protected by copyright, trademark, patent, trade secret and other laws, and Pixomatic and its licensors own and retain all rights in the Pixomatic Content and Pixomatic owns and retains all interest and rights in and to the Pixomatic Services. Pixomatic hereby grants you a non-exclusive, non-transferable, non-sublicensable, revocable, limited license to reproduce and display the Pixomatic Content (excluding any software code) for your non-commercial personal use solely in connection with your use of the Pixomatic Services. This means that you can make your own Content that uses certain Pixomatic Content (e.g., stickers, background photos) and use it for non-commercial purposes, but you may not use the clipart specifically (or frames or other Pixomatic Content) in other programs or applications. This applies even if you "buy" the clipart or other Content –when you purchase Pixomatic Content, you receive a personal non-commercial license to use the Content; you do not own Pixomatic Content.

Certain Pixomatic Content may be subject to additional fees or charges. You acknowledge and agree that your purchase of any such Pixomatic Content is restricted to the purchase and sale of a license to such Pixomatic Content and shall not convey ownership of any such Pixomatic Content or intellectual property rights to you.

Do not steal anyone's Content. You must observe copyright and other intellectual property laws of the United States (country of location of Pixomatic LLC, owner and operator of Pixomatic App you download and install from the Google Store), Republic of Armenia (country of location of Qube LLC, operator of Pixomatic App you download and install from App Store) and your country. You may not copy someone else's work and display it elsewhere, or claim it as your own, or make a small change and claim it as your own, etc. Except as provided within this Agreement and under intellectual property laws, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Pixomatic Content or User Content or any other third party Content appearing on or through the Pixomatic Services except as expressly permitted by the holder of the rights in that Content. You represent and warrant that:

You agree to pay for all royalties, fees, and any other monies owing any person by reason of Content you post on or through the Pixomatic Services being in violation of this section.

Advertising. Some of the Pixomatic Services are supported by advertising revenue and may display advertisements and promotions. You agree that Pixomatic may place advertising and promotions on, about, or in conjunction with your Content. The manner, mode, and extent of such advertising and promotions are subject to change without notice to you. You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.

In-app purchases. The Pixomatic Services may include virtual strings or services that can be licensed for a fee, typically via an in-app purchase ("Purchased Content"). You may only license Purchased Content if you are over 18 years old, and only on a limited, personal, non-transferable, non-sublicenseable and revocable basis for non-commercial use only. If you deactivate your account, you will no longer have access to previously Purchased Content even if you later re-activate your account or create a new account. Pixomatic reserves the right to manage, regulate, control, modify, or eliminate Purchase Content at any time. Upon the Purchased Content being made available to you, Pixomatic's obligations to provide Purchase Content are deemed fulfilled, and Pixomatic makes no representation that Purchased Content will be available to the purchaser for any length of time nor that the Pixomatic Services will continue to support Purchased Content. SUBJECT TO MANDATORY LEGISLATION, YOU ACKNOWLEDGE THAT PIXOMATIC IS NOT REQUIRED TO PROVIDE A REFUND FOR PURCHASED CONTENT FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED PURCHASED CONTENT, WHETHER YOUR LOSS OF LICENSE WAS VOLUNTARY OR INVOLUNTARY.

Digital Millennium Copyright Act

Pixomatic specifically prohibits users from uploading, embedding, posting, emailing, transmitting or otherwise making available on or through the Pixomatic Services any material that infringes any proprietary rights of any person or entity, including copyrights. Pixomatic will remove any and all Pixomatic Content or User Content if properly notified that such Pixomatic Content or User Content infringes another's intellectual property rights. Pixomatic LLC respond to notices of copyright infringement in compliance with the Digital Millennium Copyright Act and have a policy of terminating repeat infringers in appropriate circumstances.

Service Interruption

There may be occasions when the Pixomatic Services are interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment. Pixomatic encourages you to maintain your own backup of your User Content. In other words, Pixomatic is not a backup service.

Third Party Links

The Pixomatic Services may contain links to independent third-party websites and services (collectively, "Third Party Sites"). Third Party Sites are not under Pixomatic's control, and Pixomatic does not endorse, is not responsible for, and shall have no liability to you with respect to the business practices, privacy practices, or content including, without limitation, any and all materials, information, merchandise, products or services displayed, featured, mentioned, advertised, distributed or sold on or through such Third Party Sites. If you access any Third Party Site, you acknowledge and agree that you do so at your own risk and that it is your responsibility to read and understand the privacy, membership, payment and other policies of the Third Party Sites and to determine whether or not you will have any interaction with any of those sites.

Disclaimer of Warranties

THE PIXOMATIC SERVICES AND PIXOMATIC CONTENT ARE PROVIDED ON AND "AS IS," "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, PIXOMATIC MAKES NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE PIXOMATIC SERVICES; (B) THE PIXOMATIC CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO PIXOMATIC OR VIA THE PIXOMATIC SERVICES. PIXOMATIC HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND SATISFACTORY PURPOSE.

PIXOMATIC DOES NOT REPRESENT OR WARRANT THAT THE PIXOMATIC SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, OR SECURE; THAT USER CONTENT MARKED AS PRIVATE WILL NOT BECOME PUBLIC; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PIXOMATIC SERVICES ARE FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. PIXOMATIC DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE CONTENT (INCLUDING ANY USER CONTENT OR PIXOMATIC CONTENT) AVAILABLE ON OR THROUGH THE PIXOMATIC SERVICES IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE PIXOMATIC SERVICES IS AT YOUR SOLE RISK. PIXOMATIC DOES NOT WARRANT THAT YOUR USE OF THE PIXOMATIC SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND PIXOMATIC SPECIFICALLY DISCLAIMS SUCH WARRANTIES.

YOU SPECIFICALLY ACKNOWLEDGE THAT PIXOMATIC DOES NOT ENDORSE ANY USER CONTENT OR OTHER THIRD PARTY CONTENT AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER ARISING OR RESULTING FROM ANY CONTENT (INCLUDING, WITHOUT LIMITATION, USER CONTENT), INTERACTIONS BETWEEN USERS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PIXOMATIC, ITS AFFILIATES, LICENSORS, SPONSORS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR FOR ANY LOST PROFITS, COST OF COVER, LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES WHATSOEVER ARISING OR RESULTING FROM (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT DISPLAYED ON OR THROUGH THE PIXOMATIC SERVICES, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND/OR USE OF (OR YOUR INABILITY TO ACCESS AND USE) THE PIXOMATIC SERVICES, INCLUDING, WITHOUT LIMITATION, MAKING PRIVATE CONTENT PUBLIC OR ANY DAMAGE CAUSED TO YOUR COMPUTER OR SOFTWARE OR INFORMATION STORED THEREON, (III) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY OBTAINED ON OR THROUGH THE PIXOMATIC SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES (IV) ANY UNAUTHORIZED ACCESS TO OR USE OF PIXOMATIC SERVICES AND/OR ANY AND ALL PERSONAL, PRIVATE, AND/ OR OTHER INFORMATION STORED THEREIN, (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PIXOMATIC SERVICES OR THROUGH THE PIXOMATIC SERVICES, (VI) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE PIXOMATIC SERVICES BY ANY THIRD PARTY, (VII) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR USER CONTENT, (VIII) EMAILS OR OTHER TRANSMISSIONS OR COMMUNICATIONS MADE TO YOU THROUGH THE PIXOMATIC SERVICES AND/OR (IX) ANY ERRORS OR OMISSIONS IN ANY CONTENT (INCLUDING PIXOMATIC CONTENT OR USER CONTENT) OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT (INCLUDING USER CONTENT) OR SERVICES POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PIXOMATIC SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PIXOMATIC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PIXOMATIC'S AGGREGATE CUMULATIVE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE PIXOMATIC SERVICES, EXCEED ONE HUNDRED U.S. DOLLARS ($100.00) FOR PIXOMATIC LLC AND ARMENIAN DRAM 50 000 IN CASE FOR QUBE LLC. THE EXISTENCE OF ONE OR MORE CLAIMS WILL NOT SERVE TO ENLARGE THIS LIMIT. THIS LIMITATION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY SET FORTH HEREIN. YOU ACKNOWLEDGE THAT THE DISCLAIMERS AND LIMITATIONS HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES.

Application of Limitations and Disclaimers

Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages with respect to consumers (i.e., a person acquiring goods otherwise than in the course of a business), so the exclusions set forth in immediately preceding paragraphs above may not apply to you if you are a consumer. The limitations or exclusions of warranties and liability contained in the Terms do not affect or prejudice the statutory rights of a consumer. The limitations or exclusions of warranties and remedies contained in the Terms shall apply to you as a consumer only to the extent such limitations or exclusions and remedies are permitted under the laws of the jurisdiction where you are located.

Release

You acknowledge that Pixomatic does not control the interactions between any user and you, nor does Pixomatic control or monitor any User Content. You acknowledge and agree that Pixomatic does not assume any responsibility or liability for User Content generated by you or any user of the Pixomatic Services posted anywhere, including without limitation, personally identifiable information posted publicly, or the conduct of you or any user, and you bear the entire risk of your continued use of the Pixomatic Services, including your interactions with other users. You agree that Pixomatic will not be responsible for any claim, loss, liability, personal injury (including death), damage, cost or expense (including attorneys' fees), incurred as the result of or relating to any User Content, or any interactions with other users or third parties, including disputes between you and other users regarding User Content, user dissemination of your User Content or any other User Content, and any and all other disputes or conflicts arising from your use of the Pixomatic Services. If there is a claim or dispute between you and any other user or third party, Pixomatic is under no obligation to become involved. You understand and agree that Pixomatic is not responsible or liable in any way for any communication, actions, or conduct between you and other users. You, on behalf of you and your heirs, successors and assigns, hereby release and forever discharge Pixomatic, and its affiliates, employees, contractors, agents, successors, and assigns, from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injury, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to the Terms, your use of the Pixomatic Services, any User Content, or any of your interactions with other users or third parties. YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."

Indemnification

You agree to defend (at Pixomatic's request), indemnify and hold Pixomatic and its affiliates, directors, officers, employees, contractors, and agents harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities in connection with the Pixomatic Services or those conducted on your behalf): (i) your User Content or your access to or use of the Pixomatic Services; (ii) your breach or alleged breach of these Terms; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by Pixomatic in the defense of any claim. Pixomatic reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Pixomatic.

International Users

Although the Pixomatic Services may be accessible worldwide, Pixomatic makes no representation that the materials and/or content made available in connection with the Pixomatic Services are appropriate or available for use in locations outside the United States (for Pixomatic LLC) or Republic of Armenia (for Qube LLC), and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Pixomatic Services from other locations do so at their own risk and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this Pixomatic Services is void where prohibited. BY ACCESSING OR USING THE PIXOMATIC SERVICES YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE PIXOMATIC SERVICES.

Export Control

Users may not download, use, export or re-export any materials or Content (including User Content and Pixomatic Content) posted or submitted on or through the Pixomatic Services or any software utilized or available in connection with the Pixomatic Services in violation of any applicable laws or regulations, including, without limitation, United States export laws, regulations and controls.

Governing Law and Venue

The Terms, Privacy Policy, and Additional Terms and other Policies (if any) shall be governed by the laws of the State of California (if you download and install App from the Google Store or use web version, which operator is Pixomatic LLC, US based company) and the Republic of Armenia (if you download and install App from the App Store, which operator is Qube LLC Armenian based company) without giving effect to any conflicts of laws principles. The United Nations Conventions for International Sale of Goods does not apply to this agreement.

Other Terms

In any action to enforce the Terms, Privacy Policy, or Additional Terms the prevailing party will be entitled to costs and attorneys' fees. Any cause of action brought by you against Pixomatic, or its affiliates, officers, directors, or agents, must be instituted within one (1) year after the cause of action arises or be deemed forever waived and barred. You may not assign your rights and obligations under the Terms to any party, and any purported attempt to do so will be null and void. Pixomatic may freely assign its rights and obligations under the Terms. If any part of the Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Any failure by Pixomatic to enforce or exercise any provision of the Terms or related rights shall not constitute a waiver of that right or provision. All notices to you shall be made in writing and delivered via email to the email address designated by you in your user account or by otherwise posting such notices on the Pixomatic Services. Pixomatic reserves the right to broadcast notices or messages through the Pixomatic Services to inform you of changes to the Pixomatic Services or other matters of importance, and such broadcasts shall constitute notice to you at the time of publication. These Terms, together with the Privacy Policy, the Additional Terms, and any other legal notices published by Pixomatic, constitute the entire agreement and understanding between the parties concerning the subject matter of the Terms and supersede all prior agreements and understandings of the parties with respect to that subject matter. The Terms may not be amended or modified, except by a written agreement signed by the parties.

Changes to these Terms

Pixomatic reserves the right to alter these Terms at any time in its sole discretion. If the alterations constitute a material change to these Terms, Pixomatic will notify you by posting the updated Terms to the Pixomatic Website. Your continued use of the Pixomatic Services after such notification of changes to the Terms will constitute your agreement and acceptance to such changes. If you object to any change, your sole recourse shall be to immediately terminate your account and cease using the Pixomatic Services. You agree to review the Pixomatic Website periodically for any such changes to the Terms.

Reporting Violations

If you become aware of any misuse of the Pixomatic Services or any violation of the Terms, Privacy Policy, or Additional Terms, please report such misuse and/or violation by sending an email to Pixomatic at support@pixomatic.us

Questions or Additional Information

If you have any questions regarding the Terms, please contact us by e-mail at support@pixomatic.us "Attention: Terms of Use."

Note:

Pixomatic LLC is the company who operates App which you download and install from the Google Play as well as Pixomatic web vesion.

Qube LLC is the company who owns and operates App which you download and install from the App Store.

Pixomatic provide you services if you are a user of App downloaded from the Google Store or Pixomatic web version.

Qube LLC provides you services if you are a use of App downloaded from the App store.

Pixomatic LLC locates at 1214 Grandview Ave Apt C Glendale, Ca 91201, USA. Pixomatic LLC acts in accordance with the USA legislation.

Qube LLC locates at 27/4 Azatutyan ave., Yerevan, Armenia, 0014. Qube LLC acts in accordance with the Armenian legislation, in particular the Law of Armenia on Protection of personal data.