Welcome to lofipixel. Please read these Terms of Service carefully before using the lofipixel website and image transformation services. These Terms of Service constitute a legally binding agreement between you and lofipixel governing your use of the website, mobile application, and services (collectively, the "Services").

1. Acceptance of Terms

By accessing or using lofipixel, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our Services.

We reserve the right to modify these Terms of Service at any time at our sole discretion. Any changes will be effective immediately upon posting the updated Terms of Service on the lofipixel website. Your continued use of the Services following the posting of revised Terms of Service constitutes your acceptance of such changes.

2. Description of Service

lofipixel provides an AI-powered image transformation platform that allows users to upload images and transform them using artificial intelligence technology. Our Services include:

• Image transformation using AI algorithms
• Text-to-image generation capabilities
• Temporary storage of uploaded and transformed images
• Download and sharing functionalities for transformed images

The Service is provided on an "as is" and "as available" basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

3. User Accounts and Registration

While lofipixel currently does not require account registration to use the basic Services, we may implement user accounts in the future. If and when we do, the following terms will apply:

• You will be responsible for maintaining the confidentiality of your account information, including your password.
• You agree to notify us immediately of any unauthorized use of your account.
• You will be solely responsible for all activities conducted through your account.

4. User Conduct and Content Restrictions

When using lofipixel, you agree not to:

• Upload, transmit, or share images or content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable.
• Upload images that infringe upon intellectual property rights, privacy rights, or other rights of any third party.
• Use the Services to create, generate, or distribute content that promotes hatred, discrimination, or violence against individuals or groups.
• Attempt to bypass any content filtering mechanisms or moderation systems we implement.
• Use the Services for any illegal purpose, or to solicit engagement in illegal activities.
• Attempt to reverse engineer, decompile, disassemble, or hack the Services, or defeat or overcome any technology, security precautions, or usage limitations.
• Use automated systems, software, or scripts to extract data from or interact with the Services, except as explicitly permitted through our official APIs (if available).

While content moderation may be disabled for certain features, lofipixel reserves the right to review and remove any content that violates these terms. You acknowledge that the Services may have limitations on the types of content that can be processed.

5. Intellectual Property Rights

Your Content: You retain all ownership rights to the images you upload to lofipixel. By uploading images to the Services, you grant lofipixel a non-exclusive, worldwide, royalty-free license to use, process, store, and transform your images solely for the purpose of providing and improving the Services to you.

Transformed Images: You retain ownership rights to the transformed versions of your images created using the Services, subject to any third-party rights in the AI technologies we utilize.

lofipixel Content: All content on the lofipixel website and Services, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, and software, is the property of lofipixel or its content suppliers and is protected by international copyright, trademark, and other intellectual property laws.

6. Privacy and Data Security

Our collection and use of personal information in connection with the Services is described in our Privacy Policy. By using lofipixel, you consent to our collection, use, and disclosure of information as described therein.

We implement appropriate technical and organizational measures to protect your personal data and uploaded content. However, no method of transmission over the internet or electronic storage is 100% secure, and we cannot guarantee absolute security.

In accordance with GDPR requirements, we process personal data on the following legal bases:

• Legitimate interests (Article 6(1)(f) GDPR) for security purposes, such as logging IP addresses
• Contract performance (Article 6(1)(b) GDPR) for providing our services
• Legal obligations (Article 6(1)(c) GDPR) where required by law
• Consent (Article 6(1)(a) GDPR) where explicitly requested

We retain personal data only for as long as necessary to fulfill the purposes for which it was collected, including:

• IP addresses: 30 days for security purposes
• Uploaded images: Temporary storage during processing
• Transformed images: As specified in our service terms
• Technical logs: 12 months for system maintenance

6.1 Third-Party Data Processing

Our Services utilize various third-party services that may process your data. We have established appropriate safeguards and agreements with these providers:

6.1.1 AI Service Providers

• OpenAI: Data processing governed by their DPA and privacy policy
• Google Gemini: Processing subject to Google Cloud DPA and privacy terms
• Replicate: Processing in accordance with their privacy policy and terms

Important: Please do not input any personal or sensitive information when using our AI services. While we implement safeguards, we cannot guarantee the complete protection of such data once it is processed by third-party AI providers.

6.1.2 Infrastructure Providers

• Vercel: Hosting and processing governed by their DPA
• Cloud storage providers: Data storage subject to respective DPAs
• Analytics services: Processing limited to essential metrics

6.1.3 International Data Transfers

Your data may be transferred to countries outside the European Economic Area (EEA). We ensure appropriate safeguards are in place through:

• Standard Contractual Clauses (SCCs) in our DPAs
• Binding Corporate Rules (BCRs) where applicable
• Adequacy decisions for certain jurisdictions
• Additional technical and organizational measures

6.1.4 Your Rights

Under GDPR, you have the following rights regarding your personal data:

• Right to access your personal data
• Right to rectification of inaccurate data
• Right to erasure ("right to be forgotten")
• Right to restrict processing
• Right to data portability
• Right to object to processing
• Right to withdraw consent

To exercise these rights, please use our GDPR Request Form or contact our Data Protection Officer at dpo@lofipixel.com.

7. Service Changes and Limitations

lofipixel reserves the right to change, suspend, or discontinue any aspect of the Services at any time, including the availability of any feature, database, or content, without prior notice or liability.

We may impose limitations on certain features and services or restrict your access to parts or all of the Services without notice or liability. These restrictions may include:

• Maximum file size limitations (currently 2MB)
• Limitations on the number of transformations per user in a given time period
• Temporary unavailability due to maintenance or capacity constraints

8. Third-Party Services and Links

Our Services may utilize or link to third-party websites, services, or APIs, including but not limited to Google's Gemini API. These third-party services have their own terms of service and privacy policies, and your use of such services is governed by those terms. lofipixel is not responsible for the practices, content, or availability of such third-party services.

9. Limitation of Liability

To the maximum extent permitted by applicable law, lofipixel and its officers, employees, agents, partners, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your access to or use of or inability to access or use the Services
• Any conduct or content of any third party on the Services
• Any unauthorized access, use, or alteration of your transmissions or content
• Any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Services by any third party

In no event shall lofipixel's total liability to you for all claims related to the Services exceed twenty dollars ($20.00).

10. Indemnification

You agree to indemnify, defend, and hold harmless lofipixel, its officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that arise from or relate to:

• Your use of or inability to use the Services
• Any content you upload, post, transmit, or otherwise make available through the Services
• Your violation of these Terms of Service
• Your violation of any rights of another person or entity

11. Governing Law and Dispute Resolution

These Terms of Service shall be governed by and construed in accordance with the laws of Poland, without regard to its conflict of law provisions.

Any dispute arising out of or relating to these Terms of Service or the Services shall be resolved through good faith negotiations. If such negotiations fail, all disputes arising out of or in connection with these Terms shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules.

12. Termination

lofipixel may terminate or suspend your access to all or part of the Services, without prior notice or liability, for any reason, including, without limitation, breach of these Terms of Service.

All provisions of the Terms of Service which by their nature should survive termination, including without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability shall survive termination.

13. Severability

If any provision of these Terms of Service is held to be invalid or unenforceable by a court of competent jurisdiction, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect.

14. Entire Agreement

These Terms of Service constitute the entire agreement between you and lofipixel regarding the Services and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning the subject matter of these Terms.

15. Contact Information

For questions about these Terms of Service or any rights and licenses granted hereunder, please contact us at:

lofipixel.com