Terms of Service

1. Agreement to These Terms

These Terms of Service ("Terms") form a legally binding agreement between you and 3 Peaks Underground Construction LLC ("Company", "we", "us" or "our"), a limited liability company located at 476 Buttercup Ct, Spearfish, SD 57783-9012, United States, which publishes the Pixia application on Google Play under the developer name "Rickom". These Terms govern your use of the Pixia mobile application, our website and related services (the "Services").

By downloading, accessing or using the Services you agree to these Terms and to our Privacy Policy and Refund Policy. If you do not agree, do not use the Services.

2. Eligibility

You must be at least 18 years old, or the age of majority where you live if higher, to use the Services. By using the Services you represent that you meet this requirement and that you are not barred from using them under the laws of the United States or any other applicable jurisdiction.

3. Your Account

Some features require an account. You are responsible for the activity on your account and for keeping your sign-in credentials secure. Provide accurate information and notify us promptly of any unauthorized use. We may suspend or terminate accounts that violate these Terms.

4. The Services and AI-Generated Content

• Pixia provides AI tools, including AI video generation, image-to-video, image-to-image, face swap, templates and chat with AI characters.
• Outputs are produced automatically by artificial intelligence. They may be inaccurate, unexpected or similar to outputs generated for other users. AI characters are fictional; their messages do not reflect our views and are not professional, medical, legal or financial advice.
• We may add, change, suspend or remove features, templates, characters or content at any time.

5. Your Content

"User Content" means photos, videos, text and other material you upload or submit, and the outputs generated from them. As between you and us, you retain your rights in your User Content.

You grant us a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, process, modify and display your User Content solely to operate, provide, secure and improve the Services and to comply with law. This license ends when your User Content is deleted from our systems, except for copies we must keep by law.

You represent and warrant that you own or have all rights, licenses and consents necessary for your User Content, including the permission of every identifiable person shown in images you upload, and that your User Content and its use do not violate these Terms or any law or third-party right.

6. Acceptable Use

You agree not to use the Services to:

• upload images of any person without their consent, or any image of a minor;
• create, share or request sexual content involving minors, or any non-consensual intimate imagery;
• impersonate, defame, harass, bully, threaten or deceive anyone, or create deepfakes intended to mislead;
• create content that infringes intellectual property, privacy or publicity rights;
• promote violence, terrorism, self-harm, hate or discrimination;
• engage in fraud, spam, or any unlawful activity;
• reverse engineer, scrape, overload, or interfere with the Services, or bypass any usage limits, payments or security measures;
• resell or commercially exploit the Services without our written permission.

We may review, block, remove or report content, and suspend or terminate accounts, when we believe these rules have been broken. We cooperate with law enforcement where required.

7. Purchases, Subscriptions and Virtual Items

7.1 Payments

All purchases in the app are processed by Google Play and are subject to Google Play's terms and payment policies. Prices are shown in the app before purchase and may vary by region, include applicable taxes, and change from time to time.

7.2 Pixia Premium subscriptions

• Pixia Premium is offered as auto-renewing subscriptions (for example weekly, monthly or yearly). The price and billing period are displayed before you confirm.
• Your subscription renews automatically at the end of each period, and your Google Play account is charged, unless you cancel at least 24 hours before the current period ends.
• You can manage or cancel your subscription at any time in Google Play → Payments & subscriptions → Subscriptions. Cancellation takes effect at the end of the current paid period; you keep access until then. Deleting the app does not cancel a subscription.
• If a free trial or introductory offer is provided, it converts to a paid subscription at the regular price unless cancelled before the trial ends.

7.3 Diamonds, coins and other virtual items

The app may offer virtual currency (such as diamonds or coins) and virtual items. They grant you a limited, personal, non-transferable, revocable license to use them within the Services only. Virtual items have no monetary value, cannot be exchanged for cash or transferred to other accounts, and may expire or be forfeited when an account is terminated for violating these Terms, except where prohibited by law. If an AI generation fails for technical reasons, the virtual currency used for that task is returned to your balance.

7.4 Refunds

Refunds are handled as described in our Refund Policy.

8. Our Intellectual Property

The Services, including software, design, templates, characters, logos and the "Pixia" name, are owned by us or our licensors and protected by intellectual property laws. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the app for your personal, non-commercial use.

9. Copyright Complaints (DMCA)

If you believe content in the Services infringes your copyright, send a notice to [email protected] including: your contact information; identification of the copyrighted work; identification of the infringing material and where it is located; a statement of good-faith belief that the use is unauthorized; a statement, under penalty of perjury, that the information is accurate and that you are authorized to act for the owner; and your physical or electronic signature. We may remove content and terminate repeat infringers.

10. Third-Party Services

The Services may include advertisements, sign-in providers and other third-party services. Your use of them is subject to their own terms, and we are not responsible for them.

11. Termination

You may stop using the Services and delete your account at any time. We may suspend or terminate your access at any time if you violate these Terms, if required by law, or if we discontinue the Services. Sections that by their nature should survive termination (including User Content warranties, intellectual property, disclaimers, limitation of liability, indemnity, governing law and dispute resolution) will survive.

12. Disclaimers

The Services and all content and outputs are provided "as is" and "as available", without warranties of any kind, whether express, implied or statutory, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. We do not warrant that the Services will be uninterrupted, error-free or secure, or that outputs will be accurate or meet your expectations.

13. Limitation of Liability

To the maximum extent permitted by law, the Company and its members, managers, employees and agents will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or any loss of profits, data, goodwill or other intangible losses, arising out of or relating to the Services. Our total liability for all claims relating to the Services will not exceed the greater of (a) the amount you paid us in the twelve (12) months before the event giving rise to the claim, or (b) one hundred U.S. dollars (US$100).

Some jurisdictions do not allow certain exclusions or limitations, so some of the above may not apply to you.

14. Indemnification

You agree to defend, indemnify and hold harmless the Company and its members, managers, employees and agents from any claims, damages, losses and expenses (including reasonable attorneys' fees) arising from your User Content, your use of the Services, or your violation of these Terms or of any law or third-party right.

15. Governing Law and Disputes

These Terms and any dispute arising out of or relating to them or the Services are governed by the laws of the State of South Dakota, United States, and applicable federal laws of the United States, without regard to conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Informal resolution. Before filing a claim, you agree to contact us at [email protected] and try to resolve the dispute informally for at least 30 days.

Venue. Any dispute that is not resolved informally will be brought exclusively in the state courts located in Lawrence County, South Dakota, or the United States District Court for the District of South Dakota, and you and we consent to the personal jurisdiction of those courts. Either party may bring an individual claim in small claims court where it qualifies.

Class action waiver. To the extent permitted by law, disputes will be brought only on an individual basis and not as a plaintiff or class member in any purported class, collective or representative proceeding.

If you are a consumer residing in a country that grants you mandatory rights under local law, nothing in these Terms limits those rights.

16. General

• Changes. We may modify these Terms. We will post the updated Terms with a new "Last updated" date and, for material changes, give notice in the app. Continued use after changes take effect means you accept them.
• Entire agreement. These Terms, the Privacy Policy and Refund Policy are the entire agreement between you and us regarding the Services.
• Severability. If any provision is found unenforceable, the rest remains in effect.
• No waiver. Our failure to enforce a provision is not a waiver.
• Assignment. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition or sale of assets.
• Google Play. These Terms are between you and us, not Google. Google is not responsible for the Services or their content.

17. Contact Us