Effective Date: 1 May 2023

1. Introduction

These Terms of Use govern the relationship between you and Pixeland OÜ or any one of its

affiliated entities ("we", "us", "our", "App") in relation to any of our websites, applications

(«App») or services (including support services), which may be accessible via a third party

platform, web application or social networking service (together referred to as the

«Services»).

Please review these Terms of Use carefully before using our Services. If you do not want to

accept the Terms of Use or the Privacy Policy, then you may not use or access any of the

Services.

2. Amendments to the Terms of Use

2.1. From time to time, we can amend these Terms of Use at our sole discretion, to modify or

discontinue any aspect or feature of our Services or to modify these Terms of Use. If we make

such a change to these Terms of Use, we will inform you through posting new version of

the Terms of Use shall not affect your accrued rights, shall not substantially disrupt the

contractual balance between you and us under these Terms of Use and shall not have

retroactive effect. If you object to any subsequent revision to the Terms of Use, immediately

discontinue use of our Services.

3. Content

3.1. The Services contain a lot of content, including, but not limited to software, technology,

text, widgets, messages, links, e-mails, music, sound, graphics, pictures or video materials

(the "Content").The Content and all of the intellectual property rights in the Content are

owned by us (or by our affiliates and partners as applicable).

3.2. During the time these Terms of Use are in force between you and us, we grant you a

personal right (known as a 'licence') to use the Content in connection with your access and use

of the Services. This licence is: a) 'non-exclusive' (meaning that we can grant the same and

similar licences to other people as well); b) 'revocable' (meaning that we can terminate

this licence in certain circumstances); c) 'personal' (meaning that you may not use the Content

for any commercial purpose); d) 'non-transferable' (meaning that the licence is only for your

benefit and you may not transfer or sub-licence any of the rights that we grant to you to any

other person); e) 'limited' (meaning that you can only use the Content for the purposes we set

out in these Terms of Use); and f) conditional on your compliance with these Terms of Use.

3.3. Unless and to the extent that we have expressly authorised you in writing, you must not:

3.3.1.copy or download any Content from the Service or any part thereof (except as part of

the proper use or operation of the Services);

3.3.2. distribute, publicly perform or display, lease, sell, transmit, transfer, publish, edit, copy,

create derivative works from, rent, sub-license, distribute, decompile, disassemble, reverse

engineer or otherwise make unauthorized use of the Content;

3.3.3. make any commercial use (i.e. for profit) of any Content; or

3.3.4. remove, obscure, or alter copyright, patent, trademark, or other proprietary rights

notices affixed to the Content.

3.4. Our Services are provided for your personal, non-commercial use only. We may offer

certain portions of our Services at no charge and others for a one-time fee, on a subscription

basis («Subscription») or under any other lawful pricing structure as specified in the

Services and/or App.

3.5. We do our best to make the Content available to you as a part of your enjoyment of the

Services, but this is subject to the following rules:

3.5.1. we can only make the Content available to you if it is legal for you to have access to the

Content in your home country;

3.5.2. you may only obtain the Content from us (or from any person that we authorise for this

purpose) and you must not obtain Content from any other person or attempt to do so;

3.5.3. we reserve the right to refuse your request(s) to acquire the Content, and we also

reserve the right to limit or block any request to acquire or obtain Content at our reasonable

discretion, in particular insofar as there are technical issues and/or legal restrictions e.g. under

3.5.4. we do not guarantee that any of the Content will be available at all times, in all

countries and/or all geographic locations, or at any given time or that we will continue to offer

any particular Content for any particular period of time (unless we expressly say otherwise as

part of the Services);

3.5.5. the Content you have access to is not returnable, exchangeable, or refundable for other

Content or for cash, or other goods or services; and

3.5.6. we may have to change or update the Content from time to time.

4. Access/Use of the Service

4.1. You can access the Service either: via the App, by downloading the App.

4.2. To access the App, you must be at least 13 years old and not barred from using the App

under applicable law. By using the Service, you promise to us that you accept these Terms of

Use. If we reasonably believe that you do not sufficiently fulfil these criteria, we may suspend

your use of the Service until you have provided us with acceptable proof of age.

4.3. To access the Service and use special features, you may need to register with us. To

address and password of your choosing, sometimes your phone number. Any content or

information you submit through the Service is governed by the our Privacy Policy. Please

refer to our Privacy Policy for information about how we collect, use and disclose information

about you.

4.4. You are responsible for your account with us and any activity that takes place on your

account, whether or not such activity was authorized by you. You must ensure that the details

you provide to us are correct and kept up to date and that your password is, and remains,

secure and confidential. You must inform us of any changes to the details you provided when

registering with us.

4.5. As a condition of using the App, you agree not to use the App for any purpose that is

prohibited by this Agreement. You are responsible for all of your activity in connection with

the App and you shall abide by all local, state, national, and international laws and regulations

and any applicable regulatory codes.

4.6. We reserve the right to suspend or remove your account, cancel, reassign or disable

and/or prohibit your use of the Service, without prior notice, if we believe there may have

been a breach of security or if activities occur on your account that we believe breach these

4.7. Access to and use of the Service requires a compatible device and internet connection.

Although we are working to ensure that the Service is compatible across various devices, we

cannot guarantee that the Service will work with all devices. The Service currently requires:

or the App, smartphones running iOS 10.0/ Android 7.0 (or later) operating systems.

4.8. It is your responsibility to ensure that your device complies with these requirements.

Your use of the Service may vary in functionality, availability and quality depending on the

type of the device and the operating system that it uses and app accepts no responsibility for

any lack of functionality that is due to your equipment (including your device, internet

connection, operating system or settings and software).

4.9. It is your responsibility to pay for all costs and expenses that you may incur while using

the Service (including, but not limited to, all telephone call or line charges or Internet data

service access charges).

4.10. You shall not: resell, rent, lease, loan, sublicense, distribute, or otherwise transfer rights

to the App; copy, adapt, alter, modify, translate, or create derivative works of the App without

the written authorization of the Company; circumvent or disable any technological features or

measures in the App for protection of intellectual property rights;use the App in an attempt to,

or in conjunction with, any device, program, or service designed to circumvent technological

measures employed to control access to, or the rights in, a content file or other work protected

by the copyright laws of any jurisdiction; use App to engage in any illegal conduct; upload to

transmit any communications that infringe or violate the rights of any party; upload media of

any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity,

pornography, sexually explicit or any material that could give rise to any civil or criminal

liability under applicable law or regulations or that otherwise may be in conflict with this

Agreement and the our's Privacy Policy; or upload any material that contains software viruses

or any other computer code, files, or programs designed to interrupt, destroy or limit the

functionality of any computer software or this website.

Any such forbidden use shall immediately terminate your license to use the App.

5. Third Party Links

5.1. The Services may include hyperlinks to web sites operated by third parties including

advertisers and other content providers. Those sites may collect data or solicit personal

information from you. We do not control such web sites, and are not responsible for their

content, privacy policies, or for the collection, use or disclosure of any information those sites

may collect. You assume sole responsibility for your use of third-party links. We are not

responsible for any content posted on third-party websites or liable to you for any loss or

damage of any sort incurred as a result of your dealings with any third-party or their website.

6. Warranties and Liability Regarding the Services

6.1 We warrant that we have the right to enter the Terms of Service and to grant you

the licences to use the Services set out in section 3 "Content".

6.2. Our Services and Service Content (including software) are provided on an «as is» and

«as available» basis without warranty of any kind, either express or implied.

6.3. We shall be liable for damages with respect to injuries to health, body or life or for

intentional damages caused by us, our representatives, employees or our vicarious agents or in

any other cases according to the applicable law.

6.4. We expressly exclude our liability for any loss or damage arising from the use of the

service by any person in contravention of these terms. You understand that any content

available on the service is provided by users, not us, and we are not responsible or liable to

you for this content on the service.

6.5. We expressly exclude any liability for (a) any loss or damage that was not reasonably

foreseeable by us and which is incurred by you in connection with the service, including loss

of profits; and (b) any loss or damage incurred by you as a result of your breach of these

terms.

6.6. To the fullest extent permitted by law, we shall not be liable to you or any other party for

any loss or damage, regardless of the form of action or basis of any claim. You acknowledge

and agree that your sole and exclusive remedy for any dispute with us is to terminate your use

of the service.

6.7. Nothing in these Terms of Use shall limit or exclude our liability for: (i) death or personal

injury resulting from our negligence; (ii) intentional acts, fraud or fraudulent

misrepresentation; and (iii) any other liability that cannot be excluded or limited by law.

6.8. IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, AGENTS,

AFFILIATES, EMPLOYEES, ADVERTISERS, OR DATA PROVIDERS BE LIABLE FOR

ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE

DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS,

OR LOSS OF DATA) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING

BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF

OR IN ANY WAY CONNECTED WITH THE USE OF THIS APP. IN NO EVENT WILL

THE COMPANY’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH

THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE APP EXCEED

THE AMOUNTS YOU HAVE PAID TO THE COMPANY FOR USE OF THE APP OR

ONE HUNDRED DOLLARS ($100) IF YOU HAVE NOT HAD ANY PAYMENT

OBLIGATIONS TO THE COMPANY, AS APPLICABLE. SOME JURISDICTIONS DO

NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE

LIMITATIONS MAY NOT APPLY TO YOU. THE COMPANY, OR ANY THIRD

PARTIES MENTIONED ON THE APP ARE NOT LIABLE FOR ANY PERSONAL

INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE APP.

7. Termination

7.1. We reserve the right in our sole discretion and at any time to terminate or suspend your

Subscription and/or block your use of our Services for any reason including, without

limitation if you have failed to comply with the terms of this Terms of Use.

7.2. You may terminate your use of the Service at any time by ceasing to use the Service

and/or deleting the App from your Device. Please note that, deleting the App from a device

will not delete your profile and any content that you have uploaded will remain in the app

content library. If you wish to delete your profile, please contact us in writing at e-mail

support@pxlnd.com.

8. Governing (Applicable) Law and Jurisdiction

8.1. These Terms of Use and any dispute, claim or obligation (whether contractual or non-

contractual) arising out of or in connection with it or its subject matter or formation shall be

governed by the laws of Estonia, unless otherwise required by the law of the country where

the user has his habitual residence.

8.2. We and you submit all the aforementioned disputes to the jurisdiction of the courts of the

country whose laws are applicable subject to Section 1 of this Article 8 "Governing

(Applicable) Law and Jurisdiction".

9. Miscellaneous

9.1. You cannot assign these Terms of Use or any rights granted you, or any obligations

accrued by you under this Terms of Use, to any third party without our prior written consent.

Any such assignment shall be null and void and of no force and effect. We may assign any or

all of its rights and obligations under this Terms of Use at our will fully or partially at any

time without notice to you.

9.2. This Terms of Use constitute the entire agreement between you and us with respect to the

subject matter hereof and supersedes all prior negotiations, understandings and agreements

you and us hereto concerning the subject matter herein. You acknowledge that, in entering

into this Terms of Use, you have not relied on, and will have no right or remedy in respect of,

any statement, representation, assurance or warranty (whether made negligently or innocently)

other than as expressly set out in this Terms of Use.

9.3. Should any provision of this Terms of Use be unenforceable or prohibited by any

applicable law, only such unenforceable provision shall be ineffective to the extent, and only

to the extent, of such unenforceability or prohibition without invalidating any other provision

of this Terms of Use.

9.4. Failure or delay by either party to enforce any of its rights in connection with this Terms

of Use, or to insist upon the strict performance of the terms of this Terms of Use, shall not be

construed as a waiver or a relinquishment of any such rights for future breach or their

enforcement. No single or partial exercise of such right or remedy will preclude or restrict the

further exercise of that or any other right or remedy.

10. Contact Us

Pixeland OÜ, Estonia, Harjumaa, Tallinn, Pae tn 25-47, 11414. If you have any questions,

complaints or comments regarding these Terms of Use, please contact us

at: support@pxlnd.com.