Terms and Conditions

1. Acceptance of Terms

These Terms and Conditions ("Terms") govern your access to and use of the Picxly platform, website, and related services (collectively, the "Service"). Picxly is owned and operated by Xcellence IT, located at:

220, Multi Storied Building Complex, Near 21st Century Building, Singapuri Ni Wadi, Ring Road, Surat – 395002, Gujarat, India.

By visiting our website, creating an account, or using any feature of Picxly, you agree to these Terms. If you do not agree, please do not use the Service.

2. Description of Service

Picxly is a SaaS-based, AI-powered post-photography workflow platform designed for modern studios, photographers, and creative teams.

The platform may also be used by individuals for personal photo organization.

The Service may include features such as photo storage, AI-based face galleries, photo culling and organization, client sharing, and complete workflow automation tools.

Features may be updated, modified, added, or removed from time to time without prior notice. We do not guarantee that all features will be available in every plan.

3. License to Use the Service

Subject to these Terms, Xcellence IT grants you a limited, non-exclusive, non-transferable, and revocable license to access and use Picxly solely for your internal business and photo management purposes.

You may not sublicense, resell, lease, distribute, or commercially exploit the Service without prior written permission.

4. User Accounts

To access certain features, you may need to create an account.

You are responsible for:

• Providing accurate and current registration information
• Maintaining the confidentiality of login credentials
• All activities occurring under your account

You must notify us immediately at info@picxly.com if you suspect unauthorized access.

We reserve the right to suspend or terminate accounts that violate these Terms or engage in abusive or fraudulent behavior.

5. Payment and Billing

Certain features of Picxly may require a paid subscription.

• Fees are billed in advance based on the selected billing plan (monthly, quarterly, or annually).
• All payments are non-refundable unless required by applicable law.
• Failure to pay fees may result in suspension or termination of the Service.
• We reserve the right to modify pricing at any time with reasonable notice.
• We may suspend or restrict access if subscription fees are overdue.

6. Use of AI Features

Picxly may use artificial intelligence to assist with image analysis, including tagging, categorization, and face detection for organizing and searching photo collections.

AI outputs are designed to support photo management workflows but do not replace human control or decision-making.

We do not guarantee that AI outputs will always be accurate, complete, or free from errors.

7. AI-Assisted Output Disclaimer

AI-generated tags, suggestions, and organization are automated outputs based on available data and algorithms.

These outputs may contain inaccuracies, limitations, or inconsistencies.

Picxly does not make decisions regarding how content is used, stored, or shared.

Users must independently review AI outputs before relying on them.

8. User Content and Client Data

When users upload photos or content to Picxly, that data is accessible to the respective account holder (such as a studio or photographer).

Clients receiving shared galleries acknowledge that their data may be processed and displayed by the studio using Picxly.

Account holders are responsible for how content is managed, shared, and used, and must comply with applicable privacy and data protection laws.

9. Customer Data Responsibility

Users are solely responsible for the accuracy, legality, and ownership of any data they upload or process through the Service, including images, client data, and metadata.

Users must ensure they have the appropriate rights and permissions to upload and process such data.

10. Acceptable Use

You agree not to:

• Upload illegal, harmful, or offensive content
• Use Picxly for unauthorized data collection or misuse of images
• Attempt to reverse engineer or copy the Service
• Use the platform for unlawful or unethical purposes
• Share accounts with unauthorized users

We may restrict or terminate access if misuse is detected.

11. Restrictions on Competitive Use

You may not access or use Picxly for the purpose of building, developing, benchmarking, or improving a competing product or service.

You agree not to copy or replicate the features, workflows, user interface, or AI capabilities of the Service.

Automated scraping, data extraction, or analysis aimed at replicating the Service is prohibited.

12. Intellectual Property

All content on Picxly, including software, AI systems, designs, graphics, and branding, belongs to Xcellence IT.

Users may not reproduce, distribute, or create derivative works without written permission.

User-generated content such as photos, albums, and metadata remains the property of the uploading user or organization.

13. Third-Party Services

Picxly may integrate with third-party platforms such as cloud storage providers, sharing tools, or communication services.

These services operate under their own terms and privacy policies.

Xcellence IT is not responsible for how third parties handle your data.

14. Beta Features

From time to time, we may provide access to beta or experimental features.

These features may be incomplete, unstable, or subject to change.

Beta features are provided "as is" and may be modified or removed without notice.

15. Data Retention

We may retain user data for a limited period after account termination for operational, legal, or backup purposes.

After this period, data may be permanently deleted without further notice.

16. Security

While we implement reasonable security practices, no internet-based service is completely secure.

We do not guarantee protection against unauthorized access, hacking, data loss, or security breaches.

17. Service Availability

We do not guarantee uninterrupted or error-free operation of the Service.

Maintenance, upgrades, or technical issues may cause temporary interruptions.

18. Disclaimers

The Service is provided "as is" and "as available" without warranties of any kind, express or implied.

19. Limitation of Liability

To the fullest extent permitted by law, Xcellence IT shall not be liable for any indirect, incidental, special, or consequential damages arising from your use of Picxly.

In any event, Xcellence IT’s total liability shall not exceed the amount paid by you for the Service during the current billing term, with an absolute maximum cap equal to the total fees paid during the twelve (12) months preceding the claim.

20. Indemnification

You agree to indemnify and hold harmless Xcellence IT and its employees, directors, and affiliates from any claims, damages, liabilities, or expenses arising from:

• Your use of the Service
• Your violation of these Terms
• Misuse of uploaded content or client data
• Violation of applicable laws

21. User Responsibility

Picxly provides tools to assist with photo management and workflows.

We are not responsible for how users manage, share, or distribute content, or for interactions between studios and their clients.

22. Compliance with Laws

Users are responsible for ensuring their use of Picxly complies with all applicable laws, including privacy, copyright, and data protection regulations.

23. Force Majeure

Xcellence IT shall not be liable for delays or failures caused by events beyond our reasonable control, including natural disasters, internet outages, government actions, or infrastructure failures.

24. Changes to Terms

We may update these Terms from time to time.

The updated version will be posted with a revised "Last Updated" date.

Continued use of Picxly after updates means you accept the revised Terms.

25. Termination

We may suspend or terminate access to Picxly at any time, with or without notice, if these Terms are violated or for operational reasons.

Upon termination, users may lose access to their data. Users are responsible for exporting or backing up their data.

Xcellence IT shall not be liable for data loss.

26. Governing Law and Jurisdiction

These Terms are governed by the laws of India.

Any disputes shall be subject to the exclusive jurisdiction of the courts in Surat, Gujarat.