PIXIS VISIBILITY TERMS AND CONDITIONS

Last Updated: [March 12th, 2026]

The use of the Pixis Visibility platform and related services provided by Aiquire Inc., Leapus Technologies Private Limited, Pixis AI Inc., and their respective affiliates (each individually and collectively referred to as “Pixis” or the “Pixis Group”) by you (“Customer,” “You,” “Your,” or “User”) shall be governed by these terms and conditions (the “T&Cs”), online subscription flow, pricing page, order confirmation generated through the Platform, Privacy & Cookies Policy, and any amendments or addenda thereto (collectively, the “Agreement”). The Agreement governs Your installation, access to, and use of the Pixis Visibility platform, including its proprietary software, dashboards, AI agents, structured extraction systems, forecasting models, APIs, integrations, outputs, analytics, and documentation (collectively, the “Services” or “Pixis Visibility”). In the event of any conflict or inconsistency between the documents forming this Agreement, the following order of precedence shall apply:
A.    any written amendment or addendum expressly agreed between Pixis and Customer and identified as overriding this Agreement;
B.    these Terms and Conditions;
C.    the applicable online subscription flow, checkout confirmation, and pricing or plan details displayed on the Platform at the time of subscription; and
D.    any documentation, help content, marketing materials, or product descriptions made available on or through the Platform.

For clarity, marketing materials, website content, and product descriptions are provided for informational purposes only and shall not modify or supersede the express terms of this Agreement.

BEFORE USING THIS PLATFORM AND/OR THE SERVICES OFFERED BY PIXIS, PLEASE CAREFULLY READ THIS AGREEMENT. BY USING OR ACCESSING OUR SERVICES OR PLATFORM IN ANY MANNER, YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT TO THE EXCLUSION OF ALL OTHER TERMS, AS AMENDED FROM TIME TO TIME. IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL THE TERMS OF THIS AGREEMENT, THEN YOU MUST NOT USE OUR SERVICES OR ACCESS THE PLATFORM. YOUR CONTINUED USE OF THE PLATFORM AND/OR SERVICES WILL BE DEEMED CONFIRMATION YOUR ACCEPTANCE OF THESE TERMS.

BY USING THE SERVICES, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT AND YOU HAVE THE AUTHORITY TO ENTER INTO AND BE BOUND BY THIS AGREEMENT PERSONALLY AND, IF APPLICABLE, ON BEHALF OF ANY PERSON OR ENTITY THAT YOU IDENTIFY TO US AS THE USER IN THE APPLICABLE PIXIS ACCOUNT RECORD, BILLING STATEMENT, ONLINE SUBSCRIPTION PROCESS OR ORDER. NOTWITHSTANDING THE FOREGOING, THE SERVICES ARE NOT AVAILABLE TO CHILDREN UNDER 18 YEARS OF AGE.

ARBITRATION NOTICE: YOU AGREE THAT ANY DISPUTES BETWEEN YOU AND US ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICES WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHTS TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION, AS FURTHER SET FORTH BELOW IN THE “DISPUTE RESOLUTION” SECTION.

1.    Description Of Services

1.1.    Overview. Pixis Visibility is a software-as-a-service platform designed to enable search engine optimization (SEO), Generative engine Optimisation, search visibility analytics, keyword intelligence, competitor benchmarking, AI-assisted content recommendations, structured SEO drafting, content publishing, backlink enablement, search performance forecasting, and related digital visibility insights through proprietary analytics, artificial intelligence models, APIs, and third-party integrations. Pixis Visibility may collect, aggregate, analyze, and process publicly available data, third-party data sources, and Customer-provided inputs to generate insights, reports, recommendations, and analytics. Pixis Visibility may integrate with supported third-party search platforms, analytics providers, artificial intelligence providers, hosting providers, and APIs (“Third-Party Platforms”) to facilitate data access, benchmarking, forecasting, reporting, and related workflows. Pixis Visibility is provided strictly as a technology platform. Pixis does not provide legal advice, compliance certifications, search ranking guarantees, indexing guarantees, traffic guarantees, or revenue guarantees.

1.2.    Standard License – Included Platform Features. Unless otherwise stated at the time of subscription, the standard Pixis Visibility license may include access to: (a) Keyword research and search trend analytics; (b) Search engine results benchmarking; (c) Competitor visibility diagnostics; (d) AI-assisted content recommendations and drafting tools;(e) Search performance forecasting and probabilistic projections; (f) Dashboard-based reporting and exportable analytics; (g) Integration with supported third-party search console APIs and analytics platforms.

Certain features may involve automated analysis of publicly available online content or data sources in order to generate insights and benchmarking outputs.

All search forecasts, keyword projections, ranking predictions, and AI-generated outputs are probabilistic in nature and do not constitute guarantees of ranking position, indexing status, search engine treatment, traffic levels, or business outcomes.

1.3.    Customer Success Services. The standard Platform license includes access to Customer Success Services intended to support onboarding, platform adoption, and ongoing strategic guidance. Customer Success Services are advisory in nature and do not involve operational control or execution of campaigns. Such services may include:
initial onboarding and product walkthroughs;

a)    access to platform documentation, best practices, and knowledge resources;
b)    periodic check-ins and performance discussions (frequency determined by account tier);
c)    standard support via email or ticketing systems;
d)    access to training resources and knowledge bases; and
e)    guidance on feature usage and campaign planning without making direct changes to Customer campaigns, assets, or Third-Party Platform configurations.

1.4.    Professional Services – Account Setup. Where enabled on the Platform, Pixis may provide one-time Professional Services in connection with initial account setup, which may include:
a)    Platform Integration Enablement: configuration and enablement of supported Third-Party Platform integrations for data ingestion, based on access credentials and permissions provided by the Customer;
b)    User Provisioning: creation of user accounts and role-based access provisioning for licensed users;
c)    Data Synchronization Initiation: initiation of historical data synchronization, subject to Third-Party Platform API availability, to populate dashboards and Planning & Insights Agent functionality;
d)    Agent Activation: activation and configuration of standard or premium agents available within the Platform; and
e)    Orientation Support: onboarding sessions and delivery of documentation to assist Customer teams in adopting Pixis Visibility functionality.

Professional Services are limited to configuration, enablement, and advisory support and do not include ongoing managed services, campaign execution, or assumption of operational control.

1.5.    User Accounts. Pixis may require you to register and maintain an account with Pixis (an “Account”) in order to access and use certain features or functionalities of the Platform and the Services, as may be established and made available by Pixis from time to time in its sole discretion. Account registration may require you to provide certain personal or business-related information, including, without limitation, your name, address, contact details, industry, company name, job title, and, where applicable, social media usernames, profile images, or similar identifying information. By creating an Account, you represent and warrant that: (i) all information provided in connection with your Account is true, accurate, current, and complete; (ii) you will maintain and promptly update such information as necessary to keep it accurate and complete; (iii) you will maintain the confidentiality and security of your Account credentials; (iv) you are solely responsible for all activities that occur under or through your Account, whether or not such activities are authorized by you or undertaken with or without your knowledge or consent; and (v) you will promptly notify Pixis if you become aware of or reasonably suspect any unauthorized access to or security breach involving your Account. You are solely responsible for maintaining the confidentiality, security, and control of your Account credentials and for all activities conducted through your Account. Pixis shall not be liable for any loss, damage, or liability arising out of or relating to your failure to comply with the foregoing obligations.

2.    Terms of Use.
2.1    Access and Use. The User may, through its employees, consultants, or contractors (“Authorized Users”), access and use Pixis Visibility on a limited, non-exclusive, non-transferable, non-sublicensable, worldwide and revocable basis solely for its internal business purposes in accordance with this Agreement. User shall be solely responsible for:
a)    ensuring it has lawful authority to submit any website, domain, content, or data for analysis;
b)    ensuring that all content submitted complies with applicable laws and third-party rights;
c)    independently reviewing and validating all AI-generated outputs before publication or reliance.
User shall not use the Services in a manner that violates applicable website terms of service, intellectual property rights, data protection laws, or computer misuse laws.
Pixis does not control third-party website policies and shall not be responsible for User’s compliance with such third-party terms.

2.2    Services. In the provision of the Services, Pixis may use any analyses, designs, insights, feedback and other information developed and generated by Pixis (“Pixis Data”) which shall be made available to the User on a limited, non-exclusive, non-transferable, non-sublicensable basis through the Platform. The Services provided through this Agreement is on an “as is” “as available basis” without any warrant on merchantability or desired outcome. The Service does not include manual data validation, legal review of advertising content, or guarantee of compliance with third-party platform requirements. Pixis shall not be liable for any consequences arising from inaccurate product data or third-party disapprovals or takedowns. Pixis shall from time to time, as required, communicate to the User any specification required, in line with industry standards, with respect to the Users equipment for availing the Services and the User shall ensure that such specifications are met. Pixis agrees to provide support services, if required, to the User with respect to availing the Services.

2.3    User Cooperation and Obligations. User agrees to reasonably cooperate with Pixis as reasonably required or requested by Pixis in the provision of the Services. User agrees to notify Pixis in writing promptly if User becomes aware of any unauthorized access, disclosure of access keys to the Pixis Platform(s) or dashboard or Pixis Data. The User shall not use the Pixis Platform(s) or dashboard to evaluate its functionality, performance or suitability for competitive or benchmarking purposes, including for developing or improving any similar application. The User and the Authorized Users shall not modify, port, adapt, translate or create any derivative work based upon, Pixis dashboard or the software to the Services or reverse engineer, decompile, disassemble, hack or otherwise derive or attempt to derive the source code or any underlying ideas, algorithms or file formats of the Pixis dashboard or the software to the Services and the User agrees not to combine the Services with any third-party software/hardware, application or process not authorized by Pixis. User shall be solely responsible for: (a) the accuracy and completeness of the product data uploaded to the platform; (b) ensuring that creative content complies with applicable advertising laws, regulations, and third-party platform policies (including Meta's); and (c) maintaining the necessary rights and licenses for all content, trademarks, and product information submitted. User also acknowledges that content produced via the Platforms may originate from generative AI models trained on diverse public and proprietary datasets, and as such may include unintended references or hallucinations. Such content is provided "as-is" and should not be construed as legal, financial, or professional advice.

3.    Content and Ownership.

3.1.     General. Pixis does not have any control over the data, information and materials in any format, including text, images, photos, catalogs, videos and audio, or any other content that is derived from the ad accounts of the User, or any social media account of the User, or User websites, or content made available by the User to the general public and uploaded to, downloaded from, provided by, or appears in provision of the Services (“Content”) including with respect to the origin, adequacy, relevancy, accuracy, quality or legality of the Content. Pixis is hereby authorized by User to use the Content in provision of the Services.

3.2.     User Content. The ownership to Confidential Information of the User, or any Content, and any information directly related to the business of the User including their ad accounts, that is shared with Pixis or that any Authorized User uploads, posts or provides on the Pixis dashboard (“User Content”) shall remain with the User and the User retains all right, title and interest in and to the User Content. Further, the User warrants, represents and undertakes that User has full power and authority to enter into this Agreement; any Content and/or User Content does not and will not at any time (a) infringe any copyright, trademark, or patent or other intellectual property right of any third party; (b) misappropriate any trade secret; (c) be deceptive, defamatory, obscene, pornographic, censored content under applicable laws or unlawful.

3.3.     License. User grants Pixis a non-exclusive, royalty-free, fully paid up, worldwide, revocable license (with the right to sublicense) to access, host, run, reproduce, process, adapt, translate, store, process, publish, transmit, display, distribute and use the User Content for providing and supporting the Services, to the User, and for performing these T&Cs, including billing and support of Services. User represents and warrants that it has all necessary rights, title, and interest in and to all User Content, or any other content, which are provided to Pixis hereunder. In the event that User is not the sole and exclusive owner of the User Content furnished to Pixis, User hereby represents and warrants that it has the rights, license and permission from the rightful owner to use the User Content in a manner consistent with these T&Cs and in the provision of Services. User shall protect, defend, and hold Pixis harmless from any claim or suit arising from the use of such User Content furnished by the User.

3.4.     Prohibited uses. User shall not use the Services or submit User Content in any manner that: (a) violates any applicable law or regulation; (b) infringes or misappropriates the intellectual property or proprietary rights of any third party; (c) is defamatory, obscene, indecent, harassing, threatening, or otherwise objectionable; (d) contains, promotes, or facilitates criminal activity; (e) depicts minors in a sexual or exploitative manner; (f) contains personal data of individuals without proper authorization or consent; (g) includes viruses, malware, or other harmful code; (h) interferes with the use or enjoyment of the Services by others or imposes an unreasonable load on the Service infrastructure. User further agrees not to: (a) engage in any fraudulent, deceptive, or harmful conduct in connection with the Services; (b) use the Services on behalf of any third party without express written consent; (c) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Services; (d) use any automated means, including scripts, bots, scrapers, or spiders, to access or interact with the Services; (e) frame or mirror any portion of the Platform without prior written authorization; (f) engage in unsolicited advertising or marketing through the Services. Pixis reserves the right, but has no obligation, to monitor use of the Services and to investigate and take appropriate legal action against any user who, in Pixis’s sole discretion, violates this Agreement, including removing User Content or suspending or terminating access to the Services. In addition, User acknowledges that Pixis may consult and cooperate as required with investigations by law enforcement, regulatory and governmental authorities

3.5.     Right to Remove Content. Pixis reserves the right, at its sole discretion and without liability, to remove any User Content that it determines violates this Agreement or is otherwise objectionable. Pixis further reserves the right to disclose User’s identity if required by applicable law or if disclosure is necessary in connection with any claim regarding alleged infringement or violation of third-party rights.

3.6.     Security Practices. Pixis is committed to protecting the security of User Content in accordance with industry standards, guidelines, checklist and applicable laws including data privacy laws. Pixis uses administrative, physical and technical safeguards and procedures to help protect User Content from accidental loss, and unauthorized access, use or disclosure in accordance with applicable laws.

3.7.     Pixis Intellectual Property. Pixis retains all right, title and interest in and to the Pixis technology including but not limited Pixis Data including any developments, enhancements, improvements and derivative works therein and thereto based on any feedback provided by the User, which the User agrees are the intellectual property of Pixis (“Pixis IP”). Subject to the limited license granted by Pixis under these T&Cs, User does not have any right, title or interest in or to any Pixis IP. 

3.8.    Users acknowledge that third-party AI providers may assert rights or restrictions over generated content. Pixis makes no representation as to the assignability, exclusivity, or non-infringement of AI-generated content.

3.9.     Work Product and Inventions. Except as set forth below, conditioned upon full payment of all applicable fees and to the extent permitted by applicable law, all deliverables created specifically for User pursuant this Agreement by Pixis (the “Work Product”) shall be considered “work made for hire” with all right, title and interest to such Work Product owned by User. User shall have the right to use the Work Product or any part or parts thereof as it sees fit subject to the terms and conditions of the Agreement. At User’s request, during and after the term of the Services, Pixis shall, and hereby does, assign all its right, title, and ownership interest in, to, and under the Work Product to User and shall assist and cooperate with User in all respects, and shall execute documents, and shall take such further acts reasonably requested by User to enable User to acquire, transfer, maintain, perfect, and enforce its intellectual property rights and other legalprotections for the Work Product, subject only to User making full payment of all fees as invoiced by Pixis to User.

Notwithstanding the foregoing, Pixis retains ownership of any and all pre-existing intellectual property and tools/software used to create the Work Product and to the extent that any Work Product incorporates any third-party software, tools, technologies, or services (collectively, “Third-Party Technology”), the User acknowledges and agrees that its use of such Third-Party Technology shall be subject to the terms and conditions set forth in the relevant third-party licenses or agreements. User is responsible for reviewing and complying with all applicable third-party license terms and agrees that Pixis shall have no liability for any claims, damages, or losses arising from the User’s use of such Third-Party Technology. Pixis disclaims any and all liability for the User’s use or misuse of such Third-Party Technology. Subject to third-party provider terms, as between Pixis and User, User retains all rights in and to content uploaded by User and output generated for User, except that Pixis and its third-party providers retain all rights in their respective underlying models, software, and algorithms. Pixis does not guarantee the continued availability of any third-party AI feature and may discontinue or modify such features at any time without liability.

If you provide Pixis feedback regarding the use, operation, performance, or functionality of our Platform, Services, or business (collectively, "Feedback"), you hereby grant Pixis a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive right and license to exploit and commercialize the Feedback, improve the Services, and develop and/or commercialize new offerings, which Pixis will solely and exclusively own.  

4.    Confidentiality.

4.1.    Each party (a “Recipient”) agrees to protect and preserve the confidentiality of any Confidential Information (as defined below) of the other party (a “Discloser”) from unauthorized disclosure or use with at least the same degree of care that the Recipient applies to its own confidential information, but no less than reasonable care, and not to use or disclose to any person or entity any Confidential Information of the Discloser except in accordance with this Agreement. The Recipient may disclose Confidential Information of the Discloser to the directors, employees and contractors of the Recipient who are subject to obligations to maintain the confidentiality of the Confidential Information at least as protective as those contained in this Agreement and who have a bona fide need to know the Confidential Information to perform this Agreement. Provided however that the Recipient shall be responsible for all acts and omissions of all such persons. “Confidential Information” means any data (including personal data (if any)) or information that is disclosed by the Discloser to the Recipient and not generally publicly available in whatever form, whenever and however disclosed, including data, code, techniques, algorithms, methods, logic, architecture, designs, client lists, information security plans, business continuity plans, trade secrets and proprietary information, personal identifiable data, credentials to the Pixis dashboard, User Content, any third party information or any data or information which is either identified as confidential at the time of disclosure, or which by its nature and/or the circumstances of disclosure a reasonable business person would consider to be confidential. Confidential Information shall not include information that: (i) is now or hereafter becomes part of the public domain through no act or failure to act of the Recipient, (ii) is information that the Recipient had rightfully in its possession without restriction as to use or disclosure before receiving such information from the Discloser, as evidenced by required documentation (iii) is hereafter rightfully obtained by the Recipient from a third party without restriction as to use or disclosure, provided that such third party is not known by the Recipient to be bound by a confidentiality agreement with respect to such information, or (iv) is information independently developed by the Recipient without any use of or reliance on the Discloser’s Confidential Information, as evidenced by required documentation. For clarity, all Pixis IP, Pixis pricing information are the Confidential Information of Pixis. In addition, the Recipient may disclose Confidential Information of the Discloser to the extent compelled by law or a court or other judicial or administrative body, provided that the Recipient notifies the Discloser of such compelled disclosure promptly and in writing (to the extent legally permitted) and reasonably cooperates with the Discloser, at the Discloser’s reasonable request and expense, in any lawful action to contest or limit the scope of such required disclosure. All Confidential Information remains the sole property of the Discloser and/or the rightful providers (as the case may be). Nothing in this Agreement is intended to grant or does grant, either express, implied or otherwise, to a party any rights in or to the other party’s Confidential Information, except as expressly set forth in this Agreement. The Recipient shall use its best efforts to assist the Discloser in identifying and preventing any unauthorized use or disclosure of any Confidential Information. Without limiting the foregoing, the Recipient shall advise the Discloser immediately in the event the Recipient learns or has reason to believe that any person who has had access to Confidential Information has violated or intends to violate the terms of this Agreement and the Recipient will cooperate with the Discloser in seeking injunctive or other equitable relief against any such person.
For avoidance of doubt, “Pixis” for purposes of this Section shall include the Pixis Group, and disclosure among Pixis Group entities for internal business, compliance, data-hosting, or service-delivery purposes shall not constitute a breach of this Agreement.

5.    Payment Terms.

5.1.     Fees. User shall pay Pixis the fees for the Services as displayed during the online subscription process, pricing page, checkout flow, or as specified in an applicable order form (if any) (the “Fees”), in the currency stated therein. Pixis may also offer or perform additional services which are not included in your purchased subscription, and which may be subject to additional Fees. Any amounts not paid when due shall accrue interest at the rate of eighteen percent (18%) per annum or, if lower, the maximum rate permitted by applicable law, calculated from the due date until the date of actual payment. Pixis reserves the right to suspend access to the Services for any overdue amounts until such amounts, together with applicable interest, are paid in full.

5.2.    If the User terminates the subscription, this Agreement or any order form prior to the expiry of the Initial Term or any Renewal Term, for any reason other than Pixis’ uncured material breach, the User shall, within ten (10) days of such termination, pay an early termination fee equal to: (i) all Fees due and unpaid as of the effective date of termination; plus (ii) one hundred percent (100%) of the Fees that would have been payable for the remainder of the then-current Initial Term or Renewal Term, which the parties agree constitutes a genuine pre-estimate of Pixis’ losses and not a penalty.

5.3.    Payments are processed through the Platform using third-party payment processors and/or credit card processing services (each, a “Payment Processor”). The use of any Payment Processor is subject to the applicable terms and conditions, privacy policies, and other agreements between you and such Payment Processor. Pixis is not a party to, and does not control, such agreements, and you acknowledge that your rights and obligations with respect to payment processing are governed solely by the applicable Payment Processor agreement and not by this Agreement. By providing Pixis with your payment method details, including your credit card, debit card, or other approved payment information, you expressly authorize Pixis (and its designated Payment Processors) to charge such payment method for all Fees, recurring subscription charges, usage-based charges, taxes, and any other amounts due and payable under this Agreement, without any further notice or consent, in accordance with the selected billing frequency and the payment authorization provided at the time of subscription. You agree to promptly update your billing information and to notify Pixis of any change in your billing address, payment method, or account details. All Fees are non-cancellable and non-refundable, except as expressly required by applicable law, and are exclusive of any applicable taxes, duties, levies, or governmental assessments, which shall be borne solely by the User. You agree to indemnify and hold harmless Pixis from and against any claims, liabilities, penalties, interest, or assessments relating to taxes imposed on your purchase or use of the Services, excluding taxes based on Pixis’ net income. Pixis shall not be liable for any errors, omissions, service interruptions, or security issues arising from or attributable to the Payment Processor or your failure to maintain valid and current payment information.

5.4.    Fees do not include any taxes, duties, levies, fees, tariffs or other amounts assessed or imposed by any governmental authority (collectively, “Taxes”). Any applicable Taxes shall be charged in addition to the Fees and invoiced to the User, and the User shall pay such Taxes in accordance with the applicable law. If the User is required by applicable law to withhold or deduct any Taxes from amounts payable to Pixis, the Fees shall be increased (grossed-up) so that Pixis receives the full amount it would have received in absence of such withholding tax. The User shall not offset, reduce, or withhold any amounts payable to Pixis on account of Taxes.

5.5.     Disputes. User agrees to notify Pixis in writing of any dispute relating to an invoice issued in connection with the Initial Term or any Renewal Term, including reasonable details of such dispute, within ten (10) calendar days following receipt of the invoice. If the User does not deliver a written dispute notice within such period, the invoice shall be deemed accepted. The parties shall seek to resolve any invoice dispute in good faith and promptly. Pending resolution of any dispute, User shall timely pay the undisputed portion of the invoice in accordance with its terms.

6.    Warranty Disclaimer.

6.1    THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OR CONDITION OF ANY KIND AND PIXIS MAKES NO REPRESENTATIONS OR GUARANTEES THAT THEY WILL MEET DESIRED OUTCOME, ALWAYS BE SAFE, SECURE, OR ERROR-FREE, OR THAT THEY WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. USER ACKNOWLEDGES THAT THE SERVICES MAY BE SUBJECT TO MALFUNCTIONS AND DELAYS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. APPLICATION PROGRAMMING INTERFACES (APIs) MAY NOT BE AVAILABLE AT ALL TIMES. TO THE FULLEST EXTENT PERMITTED BY LAW, PIXIS HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. PIXIS TAKES NO RESPONSIBILITY AND ASSUME NO LIABILITY FOR: (A) THE DELETION OF, OR THE FAILURE TO STORE OR TRANSMIT, USER CONTENT AND OTHER CONTENT MAINTAINED BY THE SERVICES; (B) ANY CONTENT THAT USER, ANOTHER USER, OR A THIRD PARTY CREATES, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES; (C) THE COMPLETENESS, QUALITY, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY, OR RELIABILITY OF THE SERVICES; (D) ANY HARM TO USER’S DEVICE, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM USER’S ACCESS TO OR USE OF THE SERVICES; (E) THE OPERATION OR COMPATIBILITY OF THE SERVICES, INCLUDING ANY CONTENT, WITH ANY OTHER APPLICATION OR ANY PARTICULAR SYSTEM OR DEVICE; (F) ANY THIRD-PARTY SERVICES, PRODUCTS, ACTS, OMISSIONS OR POLICIES; AND (G) WHETHER OR NOT THE SERVICES WILL MEET USER’S REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. USER ACKNOWLEDGES THAT THE USE OF THIRD-PARTY SERVICES MAY BE SUBJECT TO ADDITIONAL TERMS AND CONDITIONS IMPOSED BY SUCH THIRD PARTIES, AND USER AGREES TO ABIDE BY SUCH TERMS. PIXIS SHALL HAVE NO LIABILITY FOR ANY LOSS, DAMAGE, OR DISRUPTION CAUSED BY THE USE OF THIRD-PARTY SERVICES. USER ALSO ACKNOWLEDGES AND CONSENTS THAT CERTAIN DATA MAY BE TRANSMITTED TO AND PROCESSED BY THIRD-PARTY AI PROVIDERS IN ACCORDANCE WITH THEIR PRIVACY POLICIES. PIXIS SHALL NOT BE RESPONSIBLE FOR THE ACTS OR OMISSIONS OF SUCH THIRD-PARTY PROVIDERS.

7.    Indemnification.

7.1    To the extent permitted by applicable law, User agrees to defend, indemnify, and hold harmless Pixis and the Pixis Group and it’s affiliates including its officers, employees and representatives from and against any claims, liabilities, damages, losses, and expenses (including, but not limited to, attorneys’ fees and costs) arising out of or in any way connected with: (i) unauthorized or unlawful use of the Services; (ii) User Content; (iv) alleged violations of website terms of service, intellectual property rights, data protection laws, or computer misuse laws arising from use of Pixis Visibility;
(vi) breach of this Agreement, unless arising directly from Pixis’s fraud, gross negligence, or wilful or criminal misconduct. User shall also indemnify, defend, and hold harmless Pixis and its third-party providers from any claims, losses, or damages arising out of or related to User’s use of third-party AI features, including any claim that content created or used by User infringes third-party rights or violates law.

7.2    LIMITATION OF LIABILITY. NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY TYPE OR KIND ARISING OUT OF THIS AGREEMENT. EXCEPT FOR CLAIMS WITH RESPECT TO USER CONTENT INFRINGING INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES AND BREACH OF CONFIDENTIALITY OBLIGATIONS OF THE PARTIES, THE AGGREGATE LIABILITY OF EACH PARTY, INCLUDING, WITH RESPECT TO PIXIS, THE APPLICABLE CONTRACTING ENTITY AND ANY OTHER MEMBER OF THE PIXIS GROUP, ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY THE USER TO THE CONTRACTING ENTITY UNDER THE APPLICABLE ONLINE SUBSCRIPTION SELECTION, PRICING PLAN, ORDER CONFIRMATION, OR FORM FORM (IF ANY) FOR THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.

8.    Term And Auto-Renewal.

8.1    Term. These Terms and Conditions shall commence on the date the User completes the online subscription or otherwise accepts this Agreement through the Platform and shall continue for the subscription period selected by the User at the time of purchase or as reflected in the applicable order confirmation (the “Initial Term”). Unless cancelled by the User in accordance with the cancellation functionality made available on the Platform, the subscription shall automatically renew for successive periods equal in duration to the Initial Term (each, a “Renewal Term”). The User may cancel the subscription at any time through the Platform. Any such cancellation shall take effect at the end of the then-current billing term, and the User shall continue to have access to the Services until the expiry of such term. Upon expiry of the then-current term, the subscription will not renew, and access to the Services will terminate unless the User purchases a new subscription. User expressly acknowledges and agrees that Pixis is authorized to automatically charge the payment method on file for all applicable subscription fees, taxes, and charges for each Renewal Term unless the subscription is cancelled prior to the renewal date. Except as expressly stated in these Terms, all Fees are non-refundable.

8.2    Termination for Cause. Either party may terminate this Agreement if the other party becomes the subject of a petition for bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors not dismissed within 30 days.

8.3    Effect. Upon termination or expiration of this Agreement: (i) all rights to access or use the Services will terminate and we will cease providing the Services; (ii) you will timely pay all applicable Fees accrued but unpaid; (iii) all liabilities accrued before the date of termination or expiration will survive; and (iv) upon request, each receiving Party will return or destroy all copies of disclosing Party’s confidential information, except for one archival copy captured by system-backup media, provided that the backup media are maintained in confidence.

8.4    Survival. Upon any termination, discontinuation or cancellation of the Services, all provisions of this Agreement, which by their nature should survive, will survive, including without limitation, ownership provisions, warranty disclaimers, indemnity provisions, limitations of liability and dispute resolution provisions.

9.    Marketing. Pixis may use Customer’s name, trademarks, service marks, and logos solely to identify Customer as a user of the Services in Pixis’ marketing materials, customer lists, website, presentations, and similar promotional content. Customer may opt out of such use at any time by providing 30 days’ written notice to Pixis, in which case Pixis shall promptly cease any further use of Customer’s name, trademarks, service marks, and logos for marketing or promotional purposes. Nothing in this Section shall grant Pixis any ownership rights in Customer’s trademarks, service marks, or logos.

10.    Data collection and use.

10.1    Please refer to Pixis’s Privacy Policy (available here) for information about how Pixis collects, processes and transfers information about User and any data or content shared by User when User’s use our Platform and/or Services. Transfer and storage of information about User and any data or content shared by User whilst User’s use our Platform and/or Services, is governed by our Privacy Policy. User acknowledges and agrees that User’s use of our Platform and/or Services is subject to our Privacy Policy.

10.2    Pixis may use User Content in an anonymized manner for machine learning; in order to support and improve the Services and User hereby consents to such retention and use of the User Content.

11.    Third-Party Links.

11.1        Certain content, products and services available via Pixis’s Service may include materials from third parties may incorporate functionality of, or enable access to, certain third‑party tools, systems, applications and/or platforms (including certain third‑party artificial intelligence models, algorithms, and platforms) (“Third‑Party Services”). Third-party links on the Platform may direct the User to Third-Party Platforms that are not affiliated with us. Pixis is not responsible for examining or evaluating the content or accuracy and Pixis does not warrant and will not have any liability or responsibility for any third-party materials or Platforms, or for any other materials, products, or services of third parties. Pixis is not liable for any harm or damage related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any Third-Party Services. Please review carefully the third-party's policies and practices and make sure the User understands them before the User engages in any transaction. Complaints, claims, concerns, or questions regarding Third-Party Services shall be directed to the third-party. Users agree to comply with all third-party terms and acceptable use policies applicable to such third-party AI tools. Pixis reserves the right to suspend, limit, or modify access to any third-party AI feature in the event of breach of third-party terms, changes in third-party provider availability, or legal/regulatory requirements. Pixis does not guarantee the accuracy, legality, or reliability of any content or output generated by third-party AI tools. User acknowledges that such output is generated by third-party algorithms and is provided ‘as is. User is solely responsible for reviewing, validating, and using any AI-generated content, and for ensuring such use complies with applicable laws and does not infringe any third-party rights.

12.    AI Data Use Clarification. Unless otherwise expressly agreed in writing, Pixis does not use Customer Confidential Information in identifiable form to train proprietary foundation models. Pixis may use aggregated and de-identified usage data to improve system performance and product functionality in accordance with the Privacy Policy. Third-party AI providers may process prompts and inputs pursuant to their respective policies.

13.    Open-Source Software. Certain or all features or aspects of the Services may be derived from the use of "open source”, or “free software” and User acknowledges and agrees that the Services carry no warranty of originality or copyrightable content. Further, the use of Services is subject to "open source" or “free software” licenses or other similar licenses (collectively, "Open Source"). The Open-Source license terms are not intended to be replaced or overridden by the license and other terms of this Agreement; however, the limitations of liabilities, disclaimers, and this provision apply to any such Open Source. Nothing in this Agreement limit User’s rights under, or grants User rights that supersede, the terms and conditions of any applicable Open-Source license. If required by any license for particular Open-Source Software, Pixis may make such Open-Source Software, and Pixis’s modifications to that Open-Source Software, available upon written request at the address specified by the User.

14.    CONTACT INFORMATION. If you have any questions, complaints or claims with respect to this Agreement and/or the Services, please contact us via email at support@pixis.ai or by mail at the address of the applicable Contracting Entity, which may be one of the following Pixis Group entities:

Aiquire Inc.: 21 W 46TH ST STE 0801, New York, NY 10036 (USA)
Leapus Technologies Private Limited: Sai, No. L-172, 5th Main, Service Road, Sector-6, HSR Layout, Bangalore, Bangalore, Karnataka, India, 560102
Pixis AI Inc.: 131, Continental Drive, Suite 301, City of Newark, County of New Castle and Zip Code of 19713

15.    General

15.1        Interpretation. All terms which are capitalized and not defined in this Agreement shall have the meaning assigned to them in the applicable online subscription flow, pricing page, order confirmation, or order form (if any).

15.2        Parties. Pixis and the User are independent contractors. Nothing in this Agreement shall be deemed to constitute a joint venture or partnership between the parties, nor constitute any party as the agent of the other party for any purpose or entitle any party to commit or bind the other party in any manner.

15.3        Dispute Resolution. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA. IF A DISPUTE ARISES FROM OR RELATES TO THIS CONTRACT OR THE BREACH THEREOF, AND IF THE DISPUTE CANNOT BE SETTLED THROUGH DIRECT DISCUSSIONS WITHIN 30 DAYS FROM THE NOTIFICATION OF A DISPUTE BY EITHER PARTY, THE PARTIES AGREE TO ENDEAVOUR FIRST TO SETTLE THE DISPUTE BY MEDIATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL MEDIATION PROCEDURES BEFORE RESORTING TO ARBITRATION. THE PARTIES FURTHER AGREE THAT ANY UNRESOLVED CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS CONTRACT, OR BREACH THEREOF, SHALL BE SETTLED BY ARBITRATION BY A SINGLE ARBITRATOR ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. THE PLACE OF ARBITRATION SHALL BE SAN FRANCISCO, CALIFORNIA AND THE ARBITRATION SHALL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA. THIS AGREEMENT SHALL NOT BE GOVERNED BY THE CONFLICT OF LAW RULES OF ANY JURISDICTION OR THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS NOR THE COMPUTER INFORMATION TRANSACTIONS ACT, THE APPLICATION OF WHICH IS EXPRESSLY EXCLUDED. THE ARBITRATOR WILL HAVE NO AUTHORITY TO AWARD PUNITIVE OR OTHER DAMAGES NOT MEASURED BY THE PREVAILING PARTY'S ACTUAL DAMAGES, EXCEPT AS MAY BE REQUIRED BY STATUTE. THE ARBITRATOR SHALL NOT AWARD CONSEQUENTIAL DAMAGES IN ANY ARBITRATION INITIATED UNDER THIS SECTION. EACH PARTY SHALL BEAR ITS OWN COSTS AND EXPENSES AND AN EQUAL SHARE OF THE ARBITRATORS AND ADMINISTRATIVE FEES OF ARBITRATION. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, PIXIS SHALL HAVE THE RIGHT, AT ITS ELECTION, TO SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF IN ANY COURT OF COMPETENT JURISDICTION IN ORDER TO PROTECT ITS INTELLECTUAL PROPERTY RIGHTS, AND TO ENFORCE OR OBTAIN COMPLIANCE WITH THIS AGREEMENT WITHOUT FIRST SUBMITTING SUCH MATTER TO ARBITRATION.

15.4        Export Control Laws. User acknowledges that the services provided by Pixis may be controlled by the laws of one or more countries governing technology use and transfer, including U.S. Export Administration Regulations, and that diversion contrary to such laws is prohibited. User will not use or transfer any technology or data in violation of such laws. User represents that it is not, and is not acting on behalf of, (i) any person who is a citizen, national, or resident of, or who is controlled by the government of any country to which the United States has prohibited export transactions, or (ii) any person or entity listed on the U.S. Treasury Department list of Specially Designated Nationals and Blocked Persons, or the U.S. Commerce Department Denied Persons List or Entity List; and User will not permit any Pixis IP to be used for any purposes prohibited by law. Users agree not to use or permit the use of the Services in violation of any applicable export control, sanctions, or embargo laws, and acknowledges that access to certain AI features may be restricted based on jurisdiction.

15.5        Amendments and Waivers. Pixis reserves the right to update and amend these T&Cs from time to time by notifying you of such changes by any reasonable means, including by posting revised T&Cs on the website. The date referenced above indicates when these T&Cs were last changed. Your continued use of the Services following any changes to these T&Cs constitutes your acceptance of such changes. No waiver under this Agreement will be effective unless made in writing and signed by an authorized representative of the party being deemed to have granted the waiver

15.6        Severability. If any provision of this Agreement is held to be unenforceable, the unenforceable provision shall be replaced by an enforceable provision that comes closest to the parties’ intentions underlying the unenforceable provision, and the remaining provisions of this Agreement shall remain in full force and effect.

15.7        Notices. All notices under this Agreement shall be in writing, in the English language, and shall be deemed given upon receipt. Notices shall be sent to the parties at the contact details provided during the online subscription process, as displayed on the Platform, or as otherwise reflected in this Agreement, or to such other address or contact details as a party may designate by written notice in accordance with this Section.

15.8        Multiple Pixis Entities. References to “Pixis” in this Agreement shall be deemed to refer collectively to the Pixis Group, and where context requires, to the applicable Contracting Entity as identified in the relevant online subscription confirmation, invoice, or order form (if applicable). All protections, rights, limitations of liability, indemnities, and disclaimers in this Agreement shall apply to and benefit each member of the Pixis Group and their respective officers, directors, employees, and affiliates.