Terms of Service

These Terms of Service ("Terms") are a legally binding agreement between you ("User", "you", or "your") and Illia Khomenko, a sole trader registered in Poland (NIP: 6793311010, REGON: 529793459), trading as PixelFlair ("PixelFlair", "we", "us", or "our"), governing your access to and use of the website pixelflair.co and all associated services (collectively, the "Service").

Please read these Terms carefully before using the Service. By creating an account, subscribing to a plan, or otherwise using the Service, you agree to be bound by these Terms. If you do not agree, you must not access or use the Service.

Our Privacy Policy is incorporated into these Terms by reference. Please review it to understand how we handle your personal data.

1. Eligibility

You must be at least 13 years old (or the minimum age of digital consent in your country, whichever is higher — 16 in certain EU member states) to use the Service. If you are under the applicable age of majority in your jurisdiction, you must have verifiable parental or guardian consent.

By using the Service, you represent and warrant that:

• You meet the minimum age requirement described above
• You have the legal capacity to enter into a binding contract
• You are not prohibited from using the Service under applicable law
• If acting on behalf of an organisation, you are authorised to bind that organisation to these Terms

2. Account Registration and Security

To access most features of the Service, you must register an account. You may register with an email address and password, or via a supported third-party identity provider (Google).

You agree to:

• Provide accurate, current, and complete registration information
• Keep your account credentials confidential and not share them with others
• Notify us immediately at [email protected] if you suspect unauthorised access to your account
• Be solely responsible for all activity that occurs under your account
• Not create multiple accounts to circumvent usage limits or restrictions

We reserve the right to suspend or terminate accounts that contain inaccurate information or violate these Terms.

3. Description of the Service

PixelFlair provides an AI-powered image upscaling platform that allows users to enhance the resolution and quality of digital images. The Service includes:

• AI-powered image upscaling
• Image storage and management (My Images gallery)
• Subscription plan management and billing
• User account management

Features, processing limits, and AI models available to you depend on your subscription plan. We reserve the right to modify, enhance, or discontinue any feature of the Service at any time, with reasonable notice where practicable.

4. Plans and Subscriptions

Free Plan

The Service offers a free plan that does not require a payment card. The free plan includes a limited number of image upscaling credits per month. Free plan users are subject to these Terms in the same way as paid subscribers.

Paid Subscriptions

Access to premium features requires a paid subscription. Subscriptions are offered on a recurring monthly basis and renew automatically unless cancelled.

Each paid subscription plan includes:

• A higher number of image upscaling credits per billing period
• Access to higher-quality AI upscaling models and quality tiers
• Image storage for as long as your account is active

Unused image credits do not roll over to the next billing period. Credits are reset at the start of each new billing cycle. Plan details, including current limits, are visible in your account settings.

Plan Changes

You may upgrade or downgrade your subscription plan at any time from your account settings:

• Upgrades take effect immediately. The price difference for the remainder of the current billing period is charged on a pro-rata basis.
• Downgrades take effect at the start of the next billing period. You retain access to your current plan's features until the end of the billing period. No partial refund is issued for the downgraded portion of the current period.

5. Billing and Payment

All payments are processed securely by Stripe. By subscribing, you authorise PixelFlair and Stripe to charge your chosen payment method on a recurring basis according to your subscription plan.

• Billing date: Your subscription renews on the same day each month as your initial purchase. If that date does not exist in a given month, billing occurs on the last day of the month.
• Failed payments: If a payment fails, we will retry according to Stripe's retry schedule. Continued failure may result in suspension or downgrade of your account.
• Price changes: We may change subscription prices with at least 30 days' prior notice sent to your registered email. Continued use of the Service after the effective date constitutes acceptance of the new price.
• Currency: All prices are displayed and charged in USD ($)unless otherwise stated on the pricing page.
• VAT: We are registered for VAT in Poland (EU VAT number: PL6793311010). VAT is applied as follows:
  • Consumers (B2C) in the EU: Prices are inclusive of VAT at the applicable rate for your country of residence.
  • Businesses (B2B) with a valid EU VAT number: VAT is reverse-charged — you account for VAT in your own country. Provide your VAT number during checkout to receive a VAT-exempt invoice.
  • Customers outside the EU: No EU VAT is charged.
  Invoices are issued by Illia Khomenko (NIP: 6793311010).

Full card numbers are never stored on our servers. All payment data is handled directly by Stripe in accordance with PCI-DSS Level 1 standards.

6. Cancellation and Refunds

Cancellation

You may cancel your subscription at any time from your account settings. Cancellation takes effect at the end of the current billing period — you will retain access to paid features until the period expires. We do not charge cancellation fees.

Refunds

All subscription fees are non-refundable except:

• EU / EEA consumers: You have a statutory right to withdraw from a subscription contract within 14 days of purchase (the "cooling-off period") under the EU Consumer Rights Directive (2011/83/EU) and Polish consumer law (Ustawa o prawach konsumenta). However, by completing the subscription purchase and initiating your first image upscaling on a paid feature, you expressly request immediate performance of the digital service and acknowledge that you thereby waive your right of withdrawal. If you have not yet used any paid feature, you may exercise the right of withdrawal by contacting us at [email protected] within 14 days of purchase.
• Technical failures: If a payment is charged but the Service was completely unavailable due to our fault for the entire billing period, you may request a refund by contacting [email protected]. We will assess such requests in good faith and issue a refund where we determine that the outage was caused by our infrastructure and materially prevented your use of the Service.

7. Acceptable Use Policy

You agree to use the Service only for lawful purposes and in compliance with these Terms. You must not use the Service to:

• Upload, process, or distribute content that is illegal, obscene, pornographic, defamatory, hateful, threatening, or that infringes any third-party intellectual property rights
• Process images of minors in any sexually suggestive or harmful manner
• Create deepfakes or manipulated images intended to deceive, harass, or harm others without their consent
• Infringe the privacy or publicity rights of any person depicted in images you upload
• Violate any applicable export control, sanctions, or trade restriction laws
• Attempt to gain unauthorised access to the Service, its infrastructure, other user accounts, or systems connected to the Service
• Reverse-engineer, decompile, disassemble, or otherwise attempt to extract source code or underlying AI models from the Service
• Use automated bots, scrapers, or scripts to access the Service without our prior written consent
• Resell, sublicense, or provide access to the Service to third parties without our prior written consent
• Circumvent any rate limits, usage restrictions, or security measures
• Use the Service to train competing AI models or datasets

We reserve the right to investigate violations of this policy and to suspend or terminate accounts found to be in breach, with or without prior notice, and without liability to you.

8. Your Content and Intellectual Property

You retain all intellectual property rights in the images you upload to and process through the Service ("Your Content").

By uploading Your Content, you grant PixelFlair a limited, non-exclusive, royalty-free, worldwide licence to store, process, and transmit Your Content solely for the purpose of providing the Service to you. This licence terminates when Your Content is deleted from our systems.

You represent and warrant that:

• You own or have the necessary rights and permissions to upload and process Your Content
• Your Content does not violate any applicable law or infringe any third-party rights
• You have obtained all necessary consents from individuals depicted in Your Content

We do not use your images to train AI models and do not claim any ownership over Your Content.

Ownership of AI Output

The upscaled (processed) images produced by the Service ("Output") are derived from Your Content. You own the Output to the same extent that you own the original image you uploaded. PixelFlair makes no claim of ownership over any Output. You are solely responsible for ensuring that your use of the Output complies with applicable law and does not infringe any third-party rights.

PixelFlair's Intellectual Property

All aspects of the Service not constituting Your Content — including the website design, source code, AI model integrations, branding, trademarks, and documentation — are the exclusive property of PixelFlair or its licensors and are protected by applicable intellectual property laws. Nothing in these Terms grants you any right to use our trademarks, trade names, or logos.

9. AI Processing — Acknowledgements

The Service uses AI models to upscale images. By using the Service, you acknowledge that:

• AI upscaling results are generated automatically and may not always meet your expectations. Output quality varies depending on input image quality, content type, and the AI model used.
• You are responsible for reviewing the output and ensuring it meets your requirements before use.
• Some upscaling jobs are processed on third-party AI infrastructure (Replicate, Inc., United States). By uploading images, you consent to their transmission to Replicate for the sole purpose of AI inference. Replicate may retain prediction data for a limited period per their own policies.
• PixelFlair does not guarantee specific processing times. Processing is subject to queue availability and infrastructure capacity.

10. Service Availability

We aim to provide a reliable, high-availability service but do not guarantee that the Service will be uninterrupted, error-free, or available at any specific time. The Service may be temporarily unavailable due to scheduled maintenance, infrastructure incidents, or circumstances beyond our control.

We will endeavour to provide advance notice of planned maintenance where possible. No SLA (Service Level Agreement) is provided unless separately agreed in writing.

11. Disclaimers and Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.

We do not warrant that:

• The Service will meet your specific requirements or expectations
• AI upscaling results will be of any particular quality or accuracy
• The Service will be free of errors, viruses, or other harmful components
• Any errors in the Service will be corrected

Certain jurisdictions do not allow the exclusion of implied warranties. In such cases, the above exclusions apply to the maximum extent permitted by applicable law.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PIXELFLAIR, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, business, or goodwill
• Damages arising from unauthorised access to or alteration of your data, images, or account
• Damages resulting from third-party service failures (Stripe, AWS, Replicate, etc.)
• Loss or corruption of uploaded or processed images

IN ANY CASE, PIXELFLAIR'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO PIXELFLAIR IN THE 12 MONTHS IMMEDIATELY PRECEDING THE CLAIM, OR (B) $100 USD.

Some jurisdictions — including EU member states for consumer contracts — do not allow the exclusion or limitation of certain types of liability. In such jurisdictions, the above limitations apply only to the extent permitted by applicable law, and statutory consumer rights remain unaffected.

13. Indemnification

To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless PixelFlair (Illia Khomenko) and its agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to:

• Your violation of these Terms
• Your Content (including claims that Your Content infringes third-party rights)
• Your use of the Service in violation of applicable law
• Your misrepresentation of any information provided to us

This clause applies primarily to business users. If you are a consumer under Polish or EU law, your statutory rights remain unaffected and this clause does not impose obligations beyond those permitted by applicable consumer protection law.

14. Third-Party Services

The Service integrates with third-party services including Stripe (payments), Google (authentication and analytics), AWS (cloud storage and queuing), OVHcloud (server infrastructure), Replicate (AI processing), Mailgun (email), Calendly (meeting scheduling), and Cloudflare (DNS). Your use of these services is also subject to their respective terms and policies. We are not responsible for the acts or omissions of any third-party service provider. By using Stripe for payment, you also agree to Stripe's Services Agreement.

The Service may contain links to third-party websites or resources. We do not endorse and are not responsible for any third-party content, products, or services.

15. Termination

By you: You may delete your account at any time via Account Settings → Danger Zone, or by contacting us at [email protected]. Upon deletion, your access to the Service terminates and your data will be deleted in accordance with our Privacy Policy.

By us: We reserve the right to suspend or terminate your access to the Service. For non-urgent matters, we will provide at least 14 days' written notice by email before termination. We may terminate immediately and without prior notice only if:

• You engage in fraudulent, abusive, or illegal activity
• You upload content that violates Section 7 (Acceptable Use Policy)
• Your continued use poses an immediate risk to the security of the Service or other users
• We are required to do so by law or a court order

Refund upon our termination: If we terminate your paid subscription without cause (i.e. not due to your breach of these Terms), we will issue a pro-rata refund for the unused portion of your current billing period.

Upon termination, provisions of these Terms that by their nature should survive (including intellectual property, disclaimers, limitation of liability, and governing law) will continue to apply.

16. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the Republic of Poland. Any disputes arising out of or in connection with these Terms that cannot be resolved amicably shall be subject to the exclusive jurisdiction of the competent courts of Kraków, Poland.

EU / EEA consumers: The above choice of law and jurisdiction does not deprive you of the protection afforded by the mandatory consumer protection provisions of the law of your country of residence. You remain entitled to bring claims before the courts of your EU member state of residence.

The European Commission provides an online dispute resolution platform for EU consumers at: ec.europa.eu/consumers/odr. Our contact email for ODR purposes is [email protected].

We encourage you to contact us first to resolve any disputes informally at [email protected].

17. Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will post the updated Terms on this page with a new "Last updated" date and, where required by law or where the changes significantly affect your rights, notify you by email at least 30 days before the changes take effect.

Your continued use of the Service after the effective date of any changes constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Service and may delete your account.

18. General Provisions

• Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and PixelFlair regarding the Service and supersede all prior agreements.
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
• Waiver: Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
• Assignment: You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights to any successor entity without restriction.
• Force Majeure: We are not liable for delays or failures in performance caused by circumstances beyond our reasonable control, including natural disasters, government actions, telecommunications failures, or third-party infrastructure outages.

19. Model Withdrawal Form (EU)

If you wish to exercise your right of withdrawal under the EU Consumer Rights Directive (2011/83/EU), you may use the model form below. This form is only available if you have not yet used any paid feature of the Service (see Section 6).

You may send this form by email to [email protected] within 14 days of your subscription purchase. We will acknowledge receipt without delay.

20. Contact Us

For questions, legal notices, or concerns regarding these Terms, please contact us: