Legal

Terms & Conditions

Last updated: June 2026

These Terms and Conditions (“Terms”) govern your access to and use of the Pixelair platform, website, applications, APIs, and related services (collectively, the “Services”). Please read them carefully before using the Services.

By accessing or using the Services, you agree to be legally bound by these Terms.

1. Definitions

In these Terms:

  • “Account” means a registered user account enabling access to the Services.
  • “Applicable Law” means all laws, regulations, regulatory guidance, sanctions regimes, and legally binding requirements applicable to the Services, including the laws of England and Wales, UK GDPR, the Data Protection Act 2018, the UK Payment Services Regulations 2017, and applicable consumer protection legislation.
  • “Credits” means prepaid digital usage units redeemable solely within the Platform for access to Services and generation functionality.
  • “Inputs” means any prompts, instructions, uploads, text, images, video, audio, data, files, or other materials submitted by users through the Services.
  • “Outputs” means any text, images, video, audio, code, or other materials generated through the Services in response to Inputs.
  • “Platform” means the Pixelair website, applications, APIs, interfaces, infrastructure, systems, software, and related technologies.
  • “Services” means all functionality, products, tools, features, APIs, generation systems, and related services made available by Pixelair.
  • “User Content” means Inputs and Outputs collectively.

References to “including” or similar expressions shall be interpreted without limitation.

2. Information about us

The Services are operated by:

HELIXIUM TECH LIMITED, a company incorporated in Scotland under company number SC891664, with its registered office at 5 South Charlotte Street, Edinburgh, Scotland, EH2 4AN.

References to “Pixelair”, “we”, “us”, or “our” refer to the entity identified above.

3. Eligibility

By accessing or using the Services, you represent and warrant that:

  • you are legally capable of entering into binding agreements under Applicable Law;
  • you are at least the minimum legal age required in your jurisdiction, and in any event not younger than 13 years old;
  • all information you provide to us is accurate and complete;
  • your use of the Services does not violate Applicable Law.

If you use the Services on behalf of a company, organisation, or other legal entity, you further represent and warrant that you are authorised to bind that entity to these Terms.

We reserve the right to refuse access to the Services where necessary to comply with legal, regulatory, sanctions, fraud prevention, or security obligations.

4. The Services

Pixelair provides AI-powered tools and generation systems capable of producing and transforming text, images, video, audio, and related digital content.

The Services may include:

  • AI text, image, and video generation;
  • editing and transformation tools;
  • workflow and automation features;
  • file upload and processing functionality;
  • experimental and beta functionality;
  • APIs and integrations.

The Services are continuously evolving. We reserve the right, at any time and without liability, to:

  • modify or discontinue functionality;
  • replace underlying AI models;
  • alter technical specifications;
  • introduce or remove features;
  • impose usage limits or restrictions;
  • suspend access for maintenance, upgrades, or operational reasons.

Certain features may be identified as beta, preview, alpha, experimental, or early-access functionality. Such features may contain errors, interruptions, inaccuracies, instability, or reduced availability.

Nothing in these Terms guarantees ongoing availability of any particular model, feature, generation capability, pricing structure, or technical specification.

5. Account registration

Access to certain Services may require creation of an Account. You agree to:

  • provide accurate, complete, and current registration information;
  • maintain and promptly update your information where necessary;
  • maintain the confidentiality and security of login credentials;
  • immediately notify us of unauthorised access or security breaches;
  • accept responsibility for all activity occurring under your Account.

You may not:

  • share Account credentials with third parties;
  • permit multiple users to access a single Account without authorisation;
  • resell, sublicense, lease, or commercially exploit access to the Services;
  • create Accounts using false identities or misleading information;
  • circumvent technical restrictions or access controls.

We reserve the right to suspend, restrict, verify, or terminate Accounts where reasonably necessary to investigate suspected misconduct, prevent abuse or fraud, enforce these Terms, comply with legal obligations, or protect the integrity, security, or stability of the Platform.

We may require identity verification, payment verification, age verification, or additional security checks before permitting continued access to the Services.

6. Credit system

6.1 General

The Services operate on a prepaid credit system. Credits are digital usage units redeemable exclusively within the Platform for generation and related Services. Credits are not electronic money, stored value, cryptocurrency, or financial instruments and possess no independent monetary value.

Credits:

  • cannot be redeemed for cash;
  • cannot be transferred between users unless expressly authorised;
  • cannot be resold;
  • are limited contractual usage rights within the Platform and do not constitute currency, electronic money, stored value, or transferable property.

6.2 Credit purchases

Credits may be purchased through fixed credit packs or custom purchase amounts offered through the Platform. Available pricing, package sizes, generation costs, and allocation ratios may change at any time.

We reserve the right to:

  • modify pricing structures;
  • alter generation costs;
  • adjust credit requirements;
  • discontinue credit packs;
  • introduce promotional or discounted pricing.

6.3 Promotional credits

Promotional, bonus, trial, referral, or complimentary Credits:

  • may be granted at our discretion;
  • may expire;
  • may be revoked;
  • have no cash value;
  • are non-transferable.

We reserve the right to revoke promotional Credits where fraud, abuse, manipulation, or violation of these Terms is reasonably suspected.

6.4 Usage costs

Different Services and generation types consume varying amounts of Credits. Displayed estimates are informational only and actual credit consumption may vary based on:

  • model selection;
  • generation duration;
  • output resolution;
  • compute intensity;
  • queue demand;
  • processing complexity;
  • infrastructure costs.

6.5 Failed generations

Where a generation fails due to a technical issue attributable solely to us, Credits may be automatically refunded. We retain sole discretion in determining whether a generation qualifies as failed or refundable.

Temporary delays, queue interruptions, moderation blocks, unsupported prompts, user error, connectivity issues, or third-party outages do not automatically qualify as failed generations.

6.6 Non-expiry

Purchased Credits do not expire unless expressly stated at the time of purchase. However, Credits may become inaccessible if an Account is terminated, access is suspended, required by law, or necessary for fraud prevention or security reasons.

6.7 Vouchers and Credit Bundles

Where you acquire Credits by redeeming a voucher issued by us (whether distributed directly by us or through an authorised third-party reseller/distributor), the initial purchase transaction, voucher validity, expiration, redemption process, and associated tax/VAT treatment are governed exclusively by our standalone Voucher Terms and Conditions, which are expressly incorporated into these Terms by reference. In the event of any direct conflict or inconsistency between these General Terms and the Voucher Terms regarding the purchase, validation, or issuance of a voucher, the Voucher Terms shall prevail. Once a voucher is successfully redeemed and Credits are allocated to your Account, the subsequent consumption and utilisation of those Credits to generate content or access our Services are governed strictly by these General Terms.

7. Payment processing and authentication

Payments are processed securely through authorised third-party payment service providers and payment gateways selected by us from time to time.

We do not store complete payment card numbers, CVV/CVC security codes, or full banking credentials on our own systems. Payment providers may collect, process, and store payment-related information in accordance with their own terms, privacy policies, regulatory obligations, and industry security standards, including PCI-DSS compliance requirements.

By submitting payment information, you:

  • represent that you are authorised to use the selected payment method;
  • authorise us and our payment providers to charge the applicable payment method;
  • consent to verification, fraud prevention, and authentication procedures required to process transactions.

Transactions may be subject to:

  • Strong Customer Authentication (“SCA”);
  • multi-factor authentication;
  • biometric verification;
  • one-time passcodes;
  • banking verification procedures;
  • fraud screening;
  • anti-money laundering checks.

Failure to complete required authentication procedures may result in delayed, rejected, suspended, or cancelled transactions.

We are not responsible for payment failures, delays, reversals, or transaction interruptions caused by banks, card issuers, payment gateways, payment processors, authentication systems, fraud prevention systems, telecommunications failures, or third-party outages.

We reserve the right to refuse, delay, cancel, or investigate transactions where reasonably necessary to comply with legal obligations, prevent fraud or abuse, verify identity, protect platform security, or investigate suspicious activity.

8. Refunds and cancellation rights

8.1 Digital content and immediate performance

The Services, Credits, and generated Outputs constitute digital content and digital services supplied electronically. By purchasing Credits or accessing paid Services, you expressly acknowledge and agree that:

  • performance of the Services begins immediately following purchase or activation;
  • digital content may be delivered immediately;
  • you request immediate access to the Services;
  • you expressly consent to immediate performance;
  • your statutory right to cancel may be lost once performance has commenced.

To the fullest extent permitted by Applicable Law, you waive any statutory withdrawal or cancellation rights once digital performance has begun.

8.2 Refund policy

Except where required by Applicable Law, all purchases are final and non-refundable. This includes, without limitation: purchased Credits, partially used Credits, unused Credits, promotional Credits, completed generations, custom credit purchases, consumed Services, and subscription-equivalent promotional offerings.

Refunds are not provided for dissatisfaction with Outputs, unsupported prompts, stylistic preferences, user error, accidental purchases, failure to understand functionality, changes to model behaviour, discontinued features, moderation-enforced refusals, or generation variability.

Nothing in these Terms excludes mandatory statutory rights available to consumers under Applicable Law. For more details please refer to our Refund Policy.

8.3 Chargebacks and payment disputes

Initiating unjustified chargebacks, payment reversals, or fraudulent disputes may constitute a violation of these Terms. Where we reasonably determine that a chargeback or dispute is abusive, fraudulent, or illegitimate, we reserve the right to:

  • suspend or terminate Accounts;
  • revoke Credits or Outputs;
  • restrict future purchases;
  • recover associated costs and fees;
  • report fraudulent conduct to relevant providers or authorities.

8.4 Fraud prevention and abuse

We reserve the right to investigate transactions, Accounts, usage patterns, and activity where fraud, abuse, unlawful conduct, or violations of these Terms are reasonably suspected. We may delay, suspend, restrict, or reverse transactions where necessary to comply with legal obligations, investigate abuse, enforce these Terms, or protect users, infrastructure, or payment systems.

9. Acceptable use

You may use the Services only in compliance with these Terms and Applicable Law.

You agree not to use the Services to create, upload, generate, distribute, promote, request, facilitate, or store content that:

  • is unlawful, fraudulent, deceptive, or misleading;
  • infringes intellectual property rights;
  • violates privacy, publicity, or likeness rights;
  • constitutes harassment, threats, abuse, or intimidation;
  • promotes hatred, violence, discrimination, or extremism;
  • contains sexually exploitative material or child sexual abuse material;
  • promotes terrorism or organised crime;
  • facilitates phishing, fraud, scams, or impersonation;
  • contains malware, ransomware, spyware, or harmful code;
  • violates export controls or sanctions laws;
  • manipulates elections or civic processes deceptively;
  • violates platform safety policies.

You further agree not to:

  • reverse engineer the Platform or underlying systems;
  • scrape, harvest, or systematically extract data;
  • bypass safeguards, restrictions, or rate limits;
  • artificially inflate usage or generation activity;
  • engage in automated extraction or large-scale harvesting of Outputs;
  • operate bots or scripts intended to exhaust infrastructure resources;
  • abuse queue systems, token allocation, or compute resources;
  • create multiple Accounts to circumvent limits, pricing, or restrictions;
  • engage in resource farming or abusive bulk generation;
  • probe vulnerabilities or security protections;
  • overload infrastructure or interfere with system integrity;
  • use the Services to train competing AI systems;
  • benchmark or replicate model behaviour for competitive purposes;
  • exploit the Services in a manner likely to damage the Platform, users, or third parties.

We reserve the right to determine, at our sole discretion, whether conduct violates these Terms or creates unacceptable legal, operational, reputational, or security risks. Violations may result in immediate suspension, termination, reporting to authorities, or legal action.

10. Synthetic media, deepfakes, and likeness rights

You may not use the Services to generate, manipulate, distribute, or promote synthetic media in a manner that:

  • deceptively impersonates real individuals;
  • falsely suggests endorsement or affiliation;
  • violates image, likeness, biometric, publicity, or privacy rights;
  • facilitates fraud, deception, or misinformation;
  • misleads viewers regarding authenticity or origin;
  • impersonates public officials, businesses, or organisations deceptively;
  • interferes with elections, civic processes, or public safety.

You are solely responsible for ensuring that any generated content complies with applicable laws, disclosure requirements, advertising standards, platform policies, and intellectual property obligations.

You acknowledge that certain jurisdictions may require disclosure where media has been synthetically generated or materially altered using AI systems. We reserve the right to block or restrict generations involving public figures, biometric likenesses, political content, or elevated abuse-risk categories.

11. User content

11.1 Ownership of Inputs

Subject to Applicable Law, you retain ownership of Inputs submitted to the Services.

You represent and warrant that:

  • you possess all rights necessary to submit Inputs;
  • your Inputs do not violate Applicable Law;
  • your Inputs do not infringe third-party rights;
  • your Inputs do not violate contractual, confidentiality, or intellectual property obligations.

You grant us a limited, non-exclusive, worldwide licence to host, process, store, reproduce, transmit, and analyse Inputs solely as reasonably necessary to provide the Services, maintain functionality, improve reliability and security, comply with legal obligations, and enforce these Terms.

11.2 Ownership of Outputs

Subject to full payment and compliance with these Terms, you retain or receive whatever rights, if any, may exist in Outputs generated for you through paid Services. To the extent rights in Outputs vest in us, we assign such rights to you upon successful generation and full payment, subject to these Terms and Applicable Law.

Outputs may be used commercially, including in advertising, marketing, client work, products, publishing, merchandise, social media, and entertainment.

11.3 AI limitations and output risks

You acknowledge and accept that:

  • Outputs may not be unique;
  • similar Outputs may be generated for other users;
  • Outputs may resemble existing works;
  • Outputs may contain inaccuracies, hallucinations, bias, or errors;
  • Outputs may be incomplete, offensive, or misleading;
  • Outputs may not satisfy legal, regulatory, accessibility, or commercial requirements;
  • Outputs may not qualify for copyright, intellectual property, or other legal protections under Applicable Law.

You are solely responsible for:

  • reviewing Outputs;
  • validating factual accuracy;
  • obtaining legal clearances;
  • securing third-party permissions;
  • assessing suitability for intended use;
  • ensuring compliance with Applicable Law.

We do not guarantee originality, exclusivity, non-infringement, factual accuracy, merchantability, fitness for purpose, uninterrupted availability, or suitability for any commercial objective. We make no representation or warranty regarding the availability, validity, enforceability, or scope of intellectual property rights in AI-generated Outputs under Applicable Law.

12. No professional advice

Outputs generated through the Services are provided solely for informational, experimental, and creative purposes.

The Services do not provide legal, medical, financial, investment, accounting, regulatory, employment, engineering, or safety-critical advice. Outputs should not be relied upon without independent professional review and verification.

You remain solely responsible for all decisions, actions, publications, disclosures, or reliance arising from use of the Services or Outputs.

13. Intellectual property

All intellectual property rights in and relating to the Platform, Services, software, source code, APIs, interfaces, systems, workflows, visual elements, branding, logos, trade names, databases, infrastructure, and underlying technology remain exclusively owned by us or our licensors.

Nothing in these Terms transfers ownership of the Platform or Services to you.

Except where expressly permitted under these Terms or required by Applicable Law, you may not:

  • copy, reproduce, distribute, publish, or commercially exploit the Services;
  • reverse engineer, decompile, disassemble, or attempt to derive source code;
  • create derivative works based on the Platform;
  • remove proprietary notices or branding;
  • access or use the Services to develop competing products or services;
  • benchmark, scrape, harvest, or extract datasets, outputs, or model behaviour for competitive analysis;
  • use automated means to systematically access the Services without authorisation;
  • train competing AI systems using the Services or Outputs.

All trademarks, logos, service marks, trade dress, and branding elements displayed through the Services remain the property of their respective owners. Any unauthorised use of our intellectual property may result in suspension of access, legal action, or both.

15. Safety systems, monitoring, and moderation

We may implement automated systems, moderation technologies, classifiers, fraud detection tools, human review processes, and technical safeguards to detect, prevent, investigate, or mitigate unlawful activity, abuse or misuse, policy violations, harmful or deceptive content, security threats, fraud or payment abuse, platform manipulation, and attempts to bypass restrictions.

We reserve the right, at our sole discretion and without prior notice, to:

  • block or refuse generations;
  • remove or disable content;
  • suspend or terminate Accounts;
  • restrict access to functionality;
  • limit generation capabilities;
  • report unlawful conduct to authorities;
  • cooperate with regulators, courts, law enforcement, or third parties where legally required or reasonably necessary.

You acknowledge and agree that moderation systems may occasionally block legitimate content, produce inaccurate classifications, or restrict access erroneously. We are not liable for moderation decisions, safety restrictions, automated enforcement actions, or generation refusals implemented in good faith to protect the Platform, users, or third parties.

16. Privacy and data

We process personal data in accordance with our Privacy Policy and Applicable Law, including the UK GDPR, the Data Protection Act 2018, and applicable consumer protection and electronic communications laws.

We do not use your Inputs, uploads, prompts, or Outputs to train proprietary AI models.

We may process, store, retain, or analyse limited information solely as reasonably necessary to provide the Services, maintain account functionality, improve reliability and security, prevent abuse or fraud, enforce these Terms, and comply with legal obligations.

Payment information is processed through third-party payment providers. We do not store complete payment card numbers or security verification codes on our own systems.

You acknowledge that certain technical processing may occur through third-party infrastructure providers located in multiple jurisdictions. Where required by Applicable Law, we implement appropriate safeguards for international data transfers.

You are solely responsible for ensuring that any personal data, confidential information, or regulated information uploaded to the Services may lawfully be processed through AI systems and third-party infrastructure providers.

We strongly discourage uploading:

  • highly sensitive personal data;
  • medical records;
  • payment card information;
  • government identification documents;
  • confidential trade secrets;
  • regulated financial information;
  • protected biometric information,

unless you are legally authorised to do so and appropriate safeguards are in place.

17. Third-party services

The Services may rely upon or integrate with third-party providers, including:

  • cloud infrastructure providers;
  • AI model providers;
  • payment processors;
  • analytics providers;
  • authentication systems;
  • hosting providers;
  • communication services;
  • APIs and integrations.

Third-party services may operate under separate terms, policies, and technical limitations. We do not control and are not responsible for third-party outages, interruptions or downtime, inaccuracies or failures, model behaviour, third-party content, payment processing errors, infrastructure disruptions, or acts or omissions of third-party providers.

Your use of third-party integrations may be subject to separate agreements between you and the relevant provider. We reserve the right to modify, replace, suspend, or discontinue third-party integrations at any time.

18. Service availability

The Services are provided on an “as is”, “as available”, and “with all faults” basis.

To the fullest extent permitted by Applicable Law, we make no representations, warranties, or guarantees regarding uninterrupted operation, continuous availability, uptime levels, generation speeds, response times, feature availability, model consistency, output quality, compatibility with third-party systems, or security/error-free performance.

Access to the Services may be interrupted, restricted, suspended, degraded, or unavailable due to maintenance, upgrades, infrastructure failures, cyberattacks, third-party outages, regulatory requirements, force majeure events, moderation systems, or capacity limitations.

Unless expressly agreed otherwise in writing, we do not provide service-level agreements (SLAs), guaranteed uptime commitments, or guaranteed generation availability.

19. Export controls and sanctions

You may not access or use the Services in violation of Applicable Law relating to export controls, trade sanctions, embargoes, anti-money laundering restrictions, or prohibited trade activities.

You represent and warrant that you are not:

  • located in a jurisdiction subject to comprehensive sanctions;
  • acting on behalf of sanctioned parties;
  • listed on restricted or prohibited party lists maintained by the United Kingdom, European Union, United States, or other applicable authorities.

We reserve the right to restrict, block, suspend, or terminate access where necessary to comply with Applicable Law, sanctions obligations, export controls, fraud prevention requirements, or security concerns.

20. Limitation of liability

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded under Applicable Law, including liability for:

  • death or personal injury caused by negligence;
  • fraud or fraudulent misrepresentation;
  • breach of mandatory consumer rights;
  • any liability which cannot legally be excluded or limited.

Subject to the foregoing and to the fullest extent permitted by Applicable Law:

  • the Services are provided without warranties of any kind;
  • all implied warranties, conditions, representations, and terms are excluded to the fullest extent permitted by Applicable Law;
  • we shall not be liable for indirect, incidental, consequential, special, exemplary, or punitive damages;
  • we shall not be liable for loss of profits, revenue, contracts, opportunities, goodwill, reputation, anticipated savings, or data;
  • we shall not be liable for losses arising from reliance upon Outputs;
  • we shall not be liable for third-party claims arising from your use of Outputs or User Content;
  • we shall not be liable for interruptions, outages, moderation actions, model changes, or discontinued functionality.

You acknowledge that AI-generated Outputs may contain inaccuracies, hallucinations, bias, offensive content, or legal risks, and you assume full responsibility for reviewing and validating Outputs prior to use.

To the fullest extent permitted by Applicable Law, our total aggregate liability arising out of or relating to the Services shall not exceed the total amount paid by you to us during the twelve (12) months preceding the event giving rise to the claim.

Nothing in these Terms creates any fiduciary duty, professional duty of care, or advisory relationship between you and us.

21. Indemnity

You agree to indemnify, defend, and hold harmless Pixelair, its affiliates, licensors, officers, directors, employees, contractors, agents, and service providers from and against any claims, liabilities, damages, losses, judgments, penalties, fines, costs, and expenses (including reasonable legal fees) arising out of or relating to:

  • your use of the Services;
  • your User Content;
  • your violation of these Terms;
  • your violation of Applicable Law;
  • infringement of third-party rights;
  • misuse of Outputs;
  • unlawful or deceptive synthetic media;
  • disputes between you and third parties relating to Outputs or User Content.

We reserve the right to assume exclusive control of the defence and settlement of any matter subject to indemnification, and you agree to cooperate fully with such defence.

22. Suspension and termination

We reserve the right, at our sole discretion and without prior notice, to suspend, restrict, disable, or terminate access to the Services where reasonably necessary to:

  • enforce these Terms;
  • investigate suspected misconduct;
  • prevent abuse or fraud;
  • comply with Applicable Law;
  • protect users, infrastructure, or third parties;
  • respond to legal or regulatory requests;
  • mitigate operational, legal, or reputational risks.

Termination or suspension may result in:

  • immediate loss of access;
  • deletion or restriction of User Content;
  • revocation of Credits;
  • loss of generation history;
  • removal of associated licences or permissions.

We are not liable for losses arising from suspension, moderation, restriction, or termination implemented in accordance with these Terms. You may stop using the Services at any time.

Sections relating to intellectual property, payments, liability, indemnity, dispute resolution, governing law, enforcement, and survival provisions shall survive termination or expiration of these Terms.

23. Changes to the Services and Terms

We reserve the right, at any time and without prior notice, to:

  • modify the Services;
  • alter functionality or technical specifications;
  • discontinue features or models;
  • change generation methods;
  • revise pricing or credit requirements;
  • impose operational restrictions;
  • introduce new policies or requirements.

We may also update these Terms periodically to reflect:

  • changes to the Services;
  • legal or regulatory developments;
  • operational requirements;
  • security considerations;
  • business practices.

Updated Terms become effective upon publication on the Website or Platform unless otherwise stated. Your continued access to or use of the Services following publication of revised Terms constitutes acceptance of those revisions. If you do not agree to updated Terms, you must stop using the Services.

For material changes, we may provide additional notice through email, account notifications, or publication on the Website, although we are not obligated to provide individual notice in every circumstance.

24. Notices

We may provide notices, disclosures, legal communications, or operational updates through email, account notifications, dashboard messages, publication on the Website or Platform, or other electronic communications.

You consent to receiving communications electronically. You are solely responsible for maintaining accurate contact information, monitoring your Account, and reviewing updates published through the Platform.

Notices sent electronically shall be deemed received:

  • immediately upon publication on the Platform; or
  • at the time of transmission by email, unless delivery failure is received.

You may contact us using the contact details published on the Website or within these Terms.

25. Assignment

You may not assign, transfer, sublicense, delegate, or otherwise dispose of your rights or obligations under these Terms without our prior written consent. Any attempted assignment in violation of this provision shall be void.

We may assign, transfer, subcontract, delegate, or otherwise dispose of our rights and obligations under these Terms without restriction, including in connection with mergers, acquisitions, corporate restructurings, financing transactions, asset sales, or transfers of business operations.

These Terms shall bind and benefit the Parties and their respective successors and permitted assigns.

26. Severability

If any provision of these Terms is held by a court or competent authority to be invalid, unlawful, unenforceable, or contrary to Applicable Law, such provision shall be interpreted, modified, or limited to the minimum extent necessary to render it enforceable while preserving its intended commercial effect. If modification is not possible, the relevant provision shall be deemed severed from these Terms without affecting the validity or enforceability of the remaining provisions. The remaining provisions shall continue in full force and effect.

27. No waiver

No failure, delay, or omission by us in exercising any right, remedy, power, or privilege under these Terms shall operate as a waiver of that right or remedy. Any waiver must be expressly agreed in writing.

A waiver of any breach or default shall not constitute a waiver of any subsequent breach or default. The exercise of any right or remedy under these Terms shall not preclude the exercise of any other available right or remedy.

28. Entire agreement

These Terms, together with the Privacy Policy, Cookie Policy, Acceptable Use Policy, and any policies or notices expressly incorporated by reference, constitute the complete and exclusive agreement between you and Pixelair regarding the Services.

They supersede all prior or contemporaneous understandings, communications, negotiations, proposals, representations, warranties, and agreements, whether oral or written, relating to the Services.

You acknowledge that you have not relied upon any statement, representation, warranty, or undertaking except as expressly set out in these Terms. Nothing in this clause excludes liability for fraud or fraudulent misrepresentation.

29. Third-party rights

Except as expressly provided otherwise, a person who is not a party to these Terms shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision of these Terms. The rights of the Parties to terminate, amend, waive, or vary these Terms shall not require the consent of any third party.

30. Force majeure

We shall not be liable for any failure, interruption, delay, suspension, degradation, or non-performance arising directly or indirectly from circumstances beyond our reasonable control, including cyberattacks, denial-of-service attacks, infrastructure failures, internet or telecommunications outages, cloud service interruptions, labour disputes, governmental actions, sanctions or regulatory restrictions, pandemics or public health emergencies, war, terrorism, civil unrest, or armed conflict, natural disasters, utility failures, supplier or subcontractor failures, or acts of God.

During any force majeure event, our obligations under these Terms shall be suspended to the extent reasonably necessary. We reserve the right to implement operational restrictions, emergency measures, moderation controls, or service limitations during such events.

31. Governing law and jurisdiction

These Terms, the Services, and any dispute, claim, or controversy arising out of or relating to them shall be governed by and construed in accordance with the laws of England and Wales.

Subject to mandatory consumer protection rights under Applicable Law, the courts of England and Wales shall have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Services.

Nothing in these Terms shall limit, exclude, or restrict any statutory rights or consumer protections that cannot lawfully be limited or excluded under Applicable Law.

32. Contact information

Questions, notices, or legal communications regarding these Terms or the Services may be directed to:

HELIXIUM TECH LIMITED
  • Company number: SC891664
  • Trading as: Pixelair
  • Email: support@pixelair.live
  • Registered Address: 5 South Charlotte Street, Edinburgh, Scotland, EH2 4AN
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