Terms of Service

1. Acceptance of Terms

By accessing and using PixelMotion ("Service"), you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to these Terms of Service, please do not use the Service.

2. Description of Service

PixelMotion provides AI-powered visual content creation services that turn photos into stunning videos for marketing, advertising, and social media. The Service allows users to:

• Upload photos directly or scrape photos from websites automatically
• Discover businesses via location-based search (Google Places integration)
• Generate AI photos from text prompts using 11 models (Flux Pro, Flux Dev, Ideogram, Nano Banana Pro, DALL-E 3, Imagen 4, Flux 2 Max, Topaz Image Upscale, Background Remover)
• Enhance photos using 11 AI models (Crystal Upscaler, Magic Image Refiner, Real-ESRGAN, Recraft Crisp, GFPGAN, GPT Image 1.5, Nano Banana Pro, Imagen 4, Flux 2 Max, Topaz Image Upscale, Background Remover)
• Compare enhancement versions side-by-side with full version history
• Generate AI videos using 16 video models (Sora 2, Veo 3.1, Veo 3.1 Fast, Gen-4 Turbo, Luma Ray2, Kling 2.6, Kling Avatar v2, Kling 1.6 Elements, Wan 2.6 Flash, Seedream 4.5, Nano Banana Pro, Hailuo 2.3, PixVerse v5.6, Seedance 1 Pro Fast, Grok Imagine Video, Runway Gen-3 Alpha)
• Choose guided prompts (platform-optimized) or custom prompts for video generation
• Regenerate videos with different models while preserving version history
• Merge multiple videos into longer content (Professional and Premium tiers)
• Post videos directly to YouTube and TikTok
• Schedule YouTube posts for future publication (Premium tier)
• Use the AI Agent for automated business discovery, scraping, enhancement, video generation, and outreach
• Create shareable links with view tracking and analytics
• Purchase credits for additional AI operations beyond subscription allowance
• Access cloud storage for generated content with tier-based retention
• Generate AI-powered outreach emails and call scripts

3. User Accounts

To use PixelMotion, you must create an account. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized use
• Providing accurate and up-to-date information

3A. Age Requirements and COPPA Compliance

Minimum Age Requirement: PixelMotion is not directed to, and is not intended for use by, children under the age of thirteen (13) years. By creating an account or using the Service, you represent and warrant that you are at least thirteen (13) years of age. If you are between the ages of thirteen (13) and eighteen (18), you represent that you have obtained verifiable parental or legal guardian consent to use this Service.

Children's Online Privacy Protection Act (COPPA) Compliance: In accordance with the Children's Online Privacy Protection Act of 1998 (15 U.S.C. §§ 6501–6506) and the Federal Trade Commission's COPPA Rule (16 C.F.R. Part 312), as amended, PixelMotion does not knowingly collect, use, or disclose personal information from children under the age of thirteen (13) without verifiable parental consent.

Account Termination for Underage Users: If we obtain actual knowledge that a user is under the age of thirteen (13), or if we have reason to believe that personal information has been collected from a child under thirteen (13) without verifiable parental consent, we shall take prompt remedial action, including but not limited to:

• Immediate suspension of access to the account
• Permanent termination of the account
• Deletion of all personal information associated with the account, including but not limited to: email addresses, uploaded photos, generated content, usage data, and any other personally identifiable information, within a commercially reasonable timeframe not to exceed thirty (30) days
• Purging of the user's data from all backup systems within ninety (90) days

Parental Rights: Parents or legal guardians who believe that their child under the age of thirteen (13) has provided personal information to PixelMotion may contact us at team@pixelmotion.io to request: (i) review of their child's personal information; (ii) deletion of such information; and (iii) refusal of any further collection or use of their child's information. We will respond to such requests within a reasonable timeframe in accordance with applicable law.

No Liability for Misrepresentation: PixelMotion shall not be held liable for any user's misrepresentation of their age. Users who falsely represent their age in violation of this Section assume all responsibility for any consequences arising therefrom.

4. Subscription Plans and Credits

PixelMotion uses a credit-based billing system. Each subscription tier includes a monthly credit allowance that reloads automatically. By subscribing, you agree to:

• Pay all fees associated with your chosen plan
• Automatic renewal unless cancelled before the billing period
• Monthly credit allowances: Starter (300), Professional (800), Premium (2,500)
• Credits reset monthly on your billing anniversary date
• Price changes with 30 days advance notice

5. Content Ownership and Rights

Your Content: You retain all rights to photos and content you upload. By uploading content, you grant PixelMotion a license to process, store, and enhance your content to provide the Service.

Generated Content: Videos and enhanced photos created by our AI belong to you. PixelMotion retains no ownership rights to generated content.

Platform Rights: The PixelMotion platform, including AI models, algorithms, and software, remains our exclusive property.

6. Acceptable Use Policy

You agree NOT to:

• Upload illegal, harmful, or offensive content
• Violate intellectual property rights of others
• Use the Service for spam or unauthorized advertising
• Attempt to reverse engineer or hack the platform
• Share account credentials with third parties
• Exceed usage limits through automated means

7. Prohibited Content and Content Moderation

PixelMotion employs automated content moderation systems to ensure our platform is used responsibly and in compliance with applicable laws. The following content is strictly prohibited:

• Sexual or NSFW content: Pornographic material, sexually explicit imagery, nudity, or any content depicting sexual acts
• Hate speech and discrimination: Content targeting individuals or groups based on race, ethnicity, religion, gender, sexual orientation, disability, or national origin
• Violence and gore: Graphic violence, threats, promotion of self-harm, or content depicting serious injury or death
• Illegal activities: Content promoting drug use, weapons, terrorism, or any illegal activity
• Child safety violations: Any content depicting minors in inappropriate situations (zero tolerance policy)
• Harassment and bullying: Content intended to harass, intimidate, or harm specific individuals

Automated Moderation: All prompts and content submitted to our AI generation services are automatically screened using industry-standard content moderation technology. Prompts that violate our content policies will be blocked before processing.

Consequences of Violations: Any attempt to generate, upload, or distribute prohibited content may result in:

• Immediate blocking of the request
• Warning notification to your account
• Temporary or permanent account suspension
• Permanent ban from all PixelMotion services
• Reporting to law enforcement authorities where required by law or where content poses a threat to public safety

Zero Tolerance: PixelMotion maintains a zero tolerance policy for child sexual abuse material (CSAM) and terrorist content. Such violations will be immediately reported to the appropriate authorities including NCMEC (National Center for Missing & Exploited Children) and law enforcement.

8. Payment and Billing

All payments are processed securely through Stripe. By providing payment information, you authorize us to charge your payment method for:

• Monthly or annual subscription fees
• Credit pack purchases (one-time payments for additional credits)
• Any applicable taxes

How Credits Work: Credits are the currency for all AI operations on PixelMotion. Each operation (photo enhancement, video generation, website scraping, etc.) costs a certain number of credits based on the AI model used. Your subscription includes a monthly credit allowance that reloads automatically on your billing anniversary. Unused monthly credits do not roll over to the next month.

Credit Packs: If you need more credits beyond your monthly allowance, you can purchase additional credit packs at any time. Purchased credits do not expire and carry over month to month until used.

Refunds: We offer a 14-day money-back guarantee for new subscribers. Cancellations take effect at the end of the current billing period. Credit pack purchases are non-refundable once credits have been used.

8A. Satisfaction Guarantee and Refund Eligibility

PixelMotion offers a conditional satisfaction guarantee for subscription services, subject to the terms and conditions set forth herein. This guarantee is designed to ensure that users who engage with the Service in good faith and in accordance with our Acceptable Use Policy receive value from our core functionality.

Eligibility for Refund: A subscriber may be eligible for a full refund of their subscription fee within the first fourteen (14) days of subscription if, and only if, the following conditions are satisfied:

• Non-Violation of Content Policies: The subscriber has not attempted to generate, upload, or process any content that violates our Prohibited Content and Content Moderation policies as set forth in Section 7, including but not limited to sexually explicit material, NSFW (Not Safe For Work) imagery, violence, hate speech, or any other prohibited content categories. Any attempt to generate such content, whether successful or blocked by our automated moderation systems, shall constitute a material breach of this agreement and shall render the subscriber ineligible for any refund.
• Complete Service Failure: None of the core value propositions of the Service have been successfully delivered to the subscriber. The core value propositions include, but are not limited to: (a) AI-powered photo enhancement and upscaling; (b) AI photo generation from text prompts; (c) AI video generation from photos or prompts; (d) website scraping and photo extraction; and (e) shareable link creation with analytics.

Partial Fulfillment Doctrine: It is expressly understood and agreed that if any one or more of the core value propositions described above has been successfully delivered to the subscriber—that is, if the subscriber has successfully enhanced at least one photo, generated at least one AI photo, generated at least one AI video, scraped at least one website, or created at least one shareable link—then the Service shall be deemed to have been materially performed, and the subscriber shall not be entitled to any refund. Successful delivery of even a single core functionality constitutes sufficient consideration for the subscription fee and demonstrates the operational capability of the Service.

Refund Request Procedure: To request a refund under this guarantee, the subscriber must submit a written request to team@pixelmotion.io within fourteen (14) days of the initial subscription date, providing: (i) the account email address; (ii) a detailed description of the technical issues encountered; and (iii) confirmation that no prohibited content was submitted or attempted. PixelMotion reserves the right to review usage logs and moderation records to verify eligibility.

Exclusions: This guarantee does not apply to: (a) credit pack purchases, which are governed by separate terms; (b) subscribers who have previously received a refund under this or any prior guarantee; (c) accounts terminated for violation of these Terms of Service; or (d) dissatisfaction with subjective output quality when the technical operation of the Service was successful.

Burden of Proof: The subscriber bears the burden of demonstrating that all eligibility conditions have been met. PixelMotion's determination of eligibility, based on system records and usage data, shall be final and binding.

9. Service Availability

While we strive for 99.9% uptime, PixelMotion is provided "as is" without guarantees of availability. We reserve the right to:

• Perform scheduled maintenance with advance notice
• Make emergency updates for security or stability
• Modify features and functionality
• Discontinue the Service with 90 days notice

10. Data Privacy and Security

Your privacy is important to us. We collect and process data as described in our Privacy Policy. By using PixelMotion, you consent to our data practices.

11. Limitation of Liability

PixelMotion and its affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages resulting from your use or inability to use the Service. Our total liability shall not exceed the amount you paid in the last 12 months.

12. Indemnification

You agree to indemnify and hold harmless PixelMotion from any claims, damages, losses, or expenses arising from your violation of these Terms or misuse of the Service.

13. Termination

We may suspend or terminate your account if you:

• Violate these Terms of Service
• Fail to pay subscription fees
• Engage in fraudulent or illegal activity
• Upload prohibited content

You may cancel your subscription at any time through the billing portal.

14. AI-Generated Content Disclaimer

PixelMotion uses artificial intelligence to enhance photos, generate videos, and create content. By using our AI-powered features, you acknowledge and agree that:

• AI-generated content may vary in accuracy, quality, and appropriateness
• Results may not always match your expectations or prompts exactly
• AI models may produce unexpected artifacts, distortions, or errors
• You are responsible for reviewing all AI-generated content before use or distribution
• PixelMotion does not guarantee the accuracy or suitability of AI outputs for any particular purpose

We continually work to improve our AI models, but due to the nature of machine learning technology, results cannot be guaranteed. You should not rely solely on AI-generated content for critical decisions without human review.

15. Changes to Terms

We may update these Terms of Service from time to time. We will notify you of significant changes via email or through the platform. Continued use after changes constitute acceptance of the new terms.

16. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to conflict of law principles.

17. Contact Information

For questions about these Terms of Service, please contact us at: