Terms of Use & Privacy Policy

1. AGREEMENT TO TERMS

1.1 This document, together with the Privacy Policy (incorporated herein by reference as Section 14), constitutes the complete, exclusive, and legally binding Terms of Service (these “Terms”) between you (“you”, “your”, or “User”) and PixelArmour LLC (“PixelArmour”, “we”, “us”, or “our”). By downloading, installing, accessing, registering for, creating an account on, subscribing to, or otherwise using any PixelArmour mobile applications (including without limitation Fitava, Fit Social, Icon, Ai Lingo: Spanish Learning & More, and any other current or future apps or services offered under the PixelArmour brand), website, platform, features, Rewards, Redemptions, AI Transformations, or any related services or functionalities (collectively, the “Services”), you expressly acknowledge, represent, and warrant that you have read, fully understood, and irrevocably agree to be legally bound by these Terms in their entirety.

1.2 Your access to or use of the Services in any manner constitutes your affirmative consent and electronic agreement to these Terms (and any amendments thereto). If you do not agree with any provision of these Terms, you must immediately cease all use of the Services, delete the application(s) from all devices, and terminate your account (if any). Continued use of the Services after any modification constitutes your full and irrevocable acceptance of the revised Terms.

1.3 PixelArmour reserves the right, in its sole and absolute discretion, to modify, amend, supplement, or replace these Terms at any time, for any reason, with or without prior notice to you (except to the extent notice is expressly required by non-waivable applicable law). Any revised Terms will be posted within the Services or on our website and shall become effective immediately upon posting (or on such later date as may be specified). It is your sole responsibility to review these Terms periodically. PixelArmour shall have no liability to you or any third party for any modification of these Terms.

1.4 These Terms form a binding legal contract between you and PixelArmour. If you are accepting these Terms on behalf of a company, organization, or other legal entity, you represent and warrant that you have the full authority to bind that entity to these Terms. These Terms supersede all prior or contemporaneous agreements, understandings, or representations regarding the Services.

2. DEFINITIONS

For the purposes of these Terms, the following capitalized terms shall have the meanings set forth below (unless the context clearly requires otherwise). Additional defined terms may appear elsewhere in these Terms and shall have the meanings given to them in the relevant section:

(a) “Account” means the user-created account on PixelArmour established through the Registration process.

(b) “AI Transformations” means any artificial intelligence or machine-learning features, tools, or outputs that analyze, modify, enhance, transform, or generate new images, videos, visuals, avatars, progress simulations, or other content based on User Content or other inputs.

(c) “Indemnified Parties” means PixelArmour, its affiliates, subsidiaries, officers, directors, employees, agents, licensors, suppliers, successors, and assigns, collectively.

(d) “Merchant” means any third-party entity whose goods, products, samples, offers, or services may be redeemed, accessed, or obtained through the Services.

(e) “Privacy Policy” means the privacy policy set forth in Section 14 of these Terms, as may be amended from time to time.

(f) “Redeem,” “Redemption,” or “Rewards” means the act of obtaining, claiming, or receiving any product, sample, offer, incentive, credit, cash payout, or other benefit made available through the Services, whether from a Merchant or directly from PixelArmour.

(g) “Register,” “Registration,” or “Account Creation” means the process of forming or establishing an Account on PixelArmour.

(h) “Samples” means samples of Merchants’ goods, products, offerings, or any other promotional items or benefits available through the Services.

(i) “Services” means all services, features, functionalities, content, tools, Rewards programs, AI Transformations, mobile applications (including Fitava, Fit Social, Icon, Ai Lingo: Spanish Learning & More, and any others offered under the PixelArmour brand), websites, platforms, and related offerings provided by PixelArmour.

(j) “User,” “you,” or “your” means any individual or entity that accesses, downloads, installs, registers for, or otherwise uses the Services in any manner.

(k) “User Content” means any text, images, photographs, videos, progress photos, workout data, fitness metrics, comments, messages, posts, or any other content or materials that you upload, submit, post, share, transmit, or generate through the Services.

(l) “PixelArmour IP” means all intellectual property rights, content, software, code, algorithms, designs, graphics, trademarks, logos, and other materials owned or licensed by PixelArmour as described in Section 11.

(m) “Licensed Application” means any mobile application made available through an app store (including the Apple App Store or Google Play Store) and licensed, not sold, to you under these Terms.

All other capitalized terms used in these Terms shall have the meanings ascribed to them in the specific section where they first appear or as otherwise defined by context. Words importing the singular include the plural and vice versa. Headings are for convenience only and do not affect interpretation.

By using the Services, you acknowledge and agree that the provisions in this Section 1 and Section 2 are material inducements for PixelArmour to provide the Services to you and are intended to provide us with the broadest possible legal protections permissible under applicable law.

3. OVERVIEW OF PIXELARMOUR AND THE SERVICES

3.1 Applicability of Terms. These Terms of Service constitute the entire legally binding agreement between you and PixelArmour governing your access to, download, installation, registration for, and use of the PixelArmour mobile application(s), website, software, platform, features, tools, Rewards, Redemptions, AI Transformations, content, and all related services and functionalities (collectively, the “Services”). By downloading, installing, accessing, registering for, or using the Services in any manner, you expressly acknowledge that you have read, understood, and agree to be bound by these Terms of Service (including the Privacy Policy incorporated herein) in their entirety. If you do not agree, you must immediately cease all use of the Services and delete the application.

3.2 Geographic Scope. The Services are designed and intended primarily for users physically located within the United States. Use of the Services from any jurisdiction outside the United States is permitted solely at your own risk and initiative. You are solely responsible for ensuring that your access to and use of the Services fully complies with all applicable local, national, and international laws, regulations, export controls, sanctions, and other requirements in the jurisdiction(s) where you are located or from which you access the Services. PixelArmour makes no representation or warranty that the Services or any portion thereof are appropriate, available, lawful, or suitable for use in any location outside the United States.

3.3 Personal, Non-Commercial Use Only. The Services are provided solely for your personal, non-commercial, private, and individual use. You agree not to use (and not to permit or encourage any third party to use) the Services, directly or indirectly, for any business, commercial, revenue-generating, professional, competitive, resale, or profit-making purpose whatsoever without PixelArmour’s prior express written consent. Any unauthorized commercial exploitation of the Services is strictly prohibited.

3.4 Access Requirements. Use of the Services requires a compatible device, a stable internet connection, appropriate telecommunications services, and sufficient data bandwidth. You are solely responsible for procuring, maintaining, and paying for all hardware, software, internet access, data plans, roaming charges, and any other equipment, services, or costs necessary to access and use the Services. PixelArmour shall have no liability whatsoever for any inability to access or use the Services due to your equipment, connectivity, or data limitations.

3.5 Device Permission. If you are not the owner or primary bill payer of the device on which you download, install, or access the Services, you represent, warrant, and covenant that you have obtained all necessary permissions, consents, and authorizations from the owner and/or bill payer to use that device for the Services.

3.6 User Content License. By submitting, uploading, posting, sharing, transmitting, generating, or otherwise making available any text, images, photographs, videos, progress photos, workout data, fitness metrics, AI input material, or any other content or materials (“User Content”) through the Services, you hereby grant PixelArmour a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, sublicensable, and transferable license to collect, use, reproduce, modify, adapt, create derivative works from (including through artificial intelligence, machine learning, or any other processing), distribute, publicly display, publicly perform, and otherwise exploit such User Content in any manner and for any purpose whatsoever, including without limitation operating, maintaining, improving, personalizing, promoting, marketing, advertising, commercializing, and monetizing the Services and any related products or services. This license survives any termination of your account or these Terms.

You represent and warrant that you own all rights in the User Content or have obtained all necessary consents, permissions, licenses, and releases from any third parties (including any individuals depicted therein) to grant the foregoing license, and that the User Content and our use thereof will not infringe or violate any third-party rights.

3.7 Mobile Applications and Licensed Application Terms. The PixelArmour mobile application(s) (each a “Licensed Application”) made available through any app store (including the Apple App Store or Google Play Store) is licensed, not sold, to you. Your use of any Licensed Application is subject to these Terms of Service and any applicable End User License Agreement (“EULA”) of the app store provider. In the event of any conflict between these Terms and the app store EULA, these Terms shall govern to the maximum extent permitted by law.

With respect to any Licensed Application obtained from the Apple App Store, you further acknowledge and agree to the following:

(a) The license granted is limited, non-exclusive, non-transferable, non-sublicensable, and revocable, and is granted solely for use on Apple-branded products that you own or control and in accordance with Apple’s Usage Rules set forth in the Apple Media Services Terms and Conditions and these Terms;

(b) You shall not copy, modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works of the Licensed Application, except to the extent expressly permitted by mandatory applicable law or any open-source components;

(c) You shall not rent, lease, lend, sell, sublicense, distribute, or otherwise transfer the Licensed Application or any part thereof;

(d) You may not share the Licensed Application over any network or allow simultaneous use on multiple devices;

(e) If you sell or transfer your Apple device, you must delete the Licensed Application from it prior to transfer;

(f) Any updates, new versions, or additional content or services provided through the Licensed Application shall be governed by these Terms unless accompanied by a separate license agreement;

(g) You acknowledge that Apple (and its subsidiaries) has no obligation whatsoever to furnish any maintenance, support, or warranty services with respect to the Licensed Application. Any claims, losses, liabilities, damages, costs, or expenses related to the Licensed Application shall be addressed solely between you and PixelArmour;

(h) You consent to the collection and use by the provider of non-personally identifying technical data and related information (including device and software information) for the purpose of providing updates, support, and improving services;

(i) You represent and warrant that you are not located in any country subject to U.S. embargo or sanctions and are not on any U.S. Government denied-party list;

(j) U.S. Government end users receive the Licensed Application with restricted rights as set forth in applicable federal acquisition regulations;

(k) This Section 3.7 is made for the benefit of Apple and its subsidiaries, who are third-party beneficiaries hereof and may enforce these terms against you.

3.8 Reservation of Rights and Service Modifications. All rights, title, and interest in and to the Services (including all intellectual property rights therein) remain exclusively with PixelArmour and its licensors. All rights not expressly granted to you in these Terms are reserved by PixelArmour. PixelArmour reserves the right, in its sole and absolute discretion, at any time and without notice or liability to you, to limit, restrict, suspend, discontinue, modify, or prohibit your access to or use of the Services, any feature thereof, or any Redemption.

3.9 EU/EEA, Swiss, Norwegian, and Icelandic Users. For users resident in the European Union, European Economic Area, Switzerland, Norway, or Iceland, any disputes arising out of or in connection with these Terms shall be governed by the laws of your country of residence, and you may bring legal proceedings in the courts of your country of residence. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

By using the Services, you acknowledge and agree that the provisions in this Section 3 are material to PixelArmour’s willingness to provide the Services and are intended to afford PixelArmour the broadest possible legal protections permissible under applicable law.

4. REDEMPTIONS AND REWARDS

4.1 Registration and Account Requirement. To redeem any Reward, product, sample, offer, or any other benefit (“Redemption”) through the Services, you must have a valid, active PixelArmour account and be fully registered. Redemption is only available to users who have accepted these Terms of Service and the Privacy Policy in their entirety.

4.2 Binding Acceptance. By initiating, completing, or attempting any Redemption, you expressly acknowledge, accept, and agree to be bound by these Terms of Service (including without limitation all provisions regarding Rewards in Section 15), the terms of the relevant Merchant or partner, and any additional terms or conditions displayed at the time of Redemption. All Redemptions constitute a binding agreement between you and PixelArmour (and, where applicable, the Merchant).

4.3 PixelArmour’s Sole Discretion. PixelArmour reserves the sole and absolute discretion, at any time and without prior notice or liability to you or any third party, to: (a) approve, deny, cancel, suspend, or void any Redemption (in whole or in part); (b) determine eligibility for any Redemption; (c) modify, limit, or terminate any Redemption offer, promotion, or program; or (d) declare any Redemption null and void if it violates these Terms, any Merchant terms, or if we suspect fraud, abuse, error, or technical issues. Any such decision by PixelArmour is final and not subject to review or appeal.

4.4 Merchant and Product Responsibility. Merchants and third-party partners are solely responsible for fulfilling Redemptions, including ensuring that any perishable products, samples, or items have not expired, are of merchantable quality, and comply with all applicable laws and safety standards. PixelArmour does not inspect, test, warrant, or guarantee the quality, safety, freshness, accuracy, or suitability of any product, sample, or item offered or redeemed through the Services.

4.5 Redemption Limitations and Conditions. All Redemptions are subject to the following strict limitations:

(a) Redemptions are personal to you and may not be duplicated, resold, traded, transferred, assigned, bartered, or otherwise commercially exploited in any manner;

(b) If a Redemption is fulfilled for less than its stated or perceived value, no credit, cash, refund, additional samples, or other compensation will be provided;

(c) Redemption is strictly contingent upon the relevant Merchant’s or partner’s inventory availability, operational capacity, and willingness to honor the offer at the time of Redemption. Stockouts, discontinuation of products, or Merchant refusal are common and expressly anticipated;

(d) All Redemptions are final and non-refundable except to the extent a refund is expressly required by non-waivable applicable law; and

(e) You are solely responsible for verifying all terms, conditions, expiration dates, redemption instructions, and restrictions before completing any Redemption.

4.6 No Liability for Merchants or Fulfillment. To the fullest extent permitted by applicable law, PixelArmour shall have no liability whatsoever for any Merchant’s or partner’s failure or refusal to honor a Redemption (including failure under Clause 4.4), for any delay, defect, contamination, spoilage, injury, illness, allergic reaction, or other harm related to any redeemed product or sample, or for any inability to fulfill a Redemption due to inventory unavailability, Merchant closure, technical errors, or any other reason (including Clause 4.5(c)). You agree that any dispute regarding fulfillment, quality, or delivery of redeemed items is solely between you and the Merchant.

4.7 Lost, Stolen, or Damaged Items. PixelArmour and its Merchants/partners are not liable for any redeemed products, samples, or items that are lost, stolen, damaged, or not received after Redemption. You bear all risk of loss once a Redemption is processed or issued.

4.8 User Indemnification for Redemptions. You agree to indemnify, defend, and hold harmless PixelArmour and the Indemnified Parties (as defined in Section 10) from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to your Redemptions, your use or consumption of redeemed items, any dispute with a Merchant, or any breach of this Section 4.

4.9 Survival. The provisions of this Section 4 survive any termination or suspension of your account or these Terms.

5. LOCATION-BASED ALERTS, NOTIFICATIONS, AND SERVICES

5.1 Consent to Location Services and Notifications. By enabling, activating, or allowing location services, GPS, or any location-based features on your mobile device, tablet, or other hardware while using the Services, you expressly consent to PixelArmour’s collection, processing, storage, and use of your precise and approximate location data. You further consent to receive automated or manual notifications, push alerts, in-app messages, emails, SMS/text messages, or other communications (“Location Alerts” and “Notifications”) from PixelArmour, Merchants, partners, or third-party service providers based on your location, proximity to merchants, activity, or other data.

5.2 Scope of Consent. Your consent under this Section 5 is broad, ongoing, and revocable only by disabling location services or notifications on your device (which may impair or prevent certain features of the Services). You acknowledge that location data and Notifications may be provided by third-party services and may not be accurate, timely, or reliable.

5.3 No Warranty or Liability for Location Services. To the fullest extent permitted by applicable law, PixelArmour disclaims all representations and warranties regarding the accuracy, completeness, timeliness, or reliability of any location data, geofencing, proximity detection, or Location Alerts. We do not guarantee that you will receive any particular Notification or that any Notification will be delivered, received, or acted upon correctly. PixelArmour shall have no liability for any failure, delay, inaccuracy, or error in location services or Notifications, including any missed opportunities, incorrect merchant information, or any harm, inconvenience, or damages resulting therefrom.

5.4 Privacy and Data Use. All location data and related information is collected, used, and disclosed solely in accordance with our Privacy Policy (Section 14). By consenting to location services, you also consent to the data practices described therein, including sharing with Merchants and partners for the purpose of delivering Redemptions, Rewards, advertising, and personalized offers.

5.5 User Responsibility. You are solely responsible for managing your device settings, reviewing all Notifications, and deciding whether to act on any Location Alert or offer. PixelArmour has no obligation to verify the legitimacy or accuracy of any merchant offer delivered via Notifications.

5.6 Indemnification. You agree to indemnify, defend, and hold harmless the Indemnified Parties from any claims, liabilities, or damages arising from your use of location services, receipt or reliance on any Notifications, or any interaction with Merchants triggered by location-based features.

By engaging in any Redemption or enabling location services, you acknowledge that these Sections 4 and 5 are intended to provide PixelArmour with the broadest possible legal protections permissible under applicable law.

6. YOUR RESPONSIBILITIES

6.1 You are solely and exclusively responsible for all activities that occur under your account, for maintaining the confidentiality and security of your account credentials, and for any use of the Services by you or by any person you authorize or permit to access the Services using your account or credentials (whether or not such use is authorized by you).

6.2 Representations, Warranties, and Covenants. You represent, warrant, and covenant to PixelArmour (which representations, warranties, and covenants are deemed repeated each time you access or use the Services) that:

(a) All information you provide to us — during registration, account setup, subscription, redemption, or at any other time — is true, accurate, current, complete, and not misleading in any respect;

(b) You will promptly update your account information (and any other information provided to us) to keep it accurate and current at all times;

(c) You have the full legal capacity, right, power, and authority to enter into these Terms, to use the Services, and to perform all of your obligations hereunder;

(d) Your use of the Services and any User Content you submit, post, transmit, share, or generate will at all times comply with these Terms, the Privacy Policy, all applicable laws, regulations, court orders, and third-party rights (including intellectual property, privacy, publicity, data protection, and consumer protection laws);

(e) You have obtained all necessary consents, permissions, licenses, and releases from any third parties (including any individuals depicted in photos, videos, or other User Content) required for your submission and our use of any User Content;

(f) You are not located in, or a national or resident of, any country subject to U.S. embargo or sanctions, and you are not otherwise prohibited from using the Services under applicable export-control or sanctions laws; and

(g) You will not use the Services in any manner that could cause us to breach any applicable law or expose us to legal, regulatory, security, or reputational risk.

6.3 Compliance with Third-Party Terms. You agree to comply fully with all terms and conditions of any third-party merchants, partners, payment processors, service providers, or other entities whose products, services, Rewards, redemptions, or content you access, redeem, or use through the Services, as such terms may be updated from time to time.

6.4 Verification and Suitability. Before redeeming any Reward, purchasing any product or service, performing any workout, using any AI Transformation, or relying on any information, plan, or content obtained through the Services, you are solely responsible for independently verifying that it meets your personal needs, preferences, health status, safety requirements, and suitability. PixelArmour assumes no responsibility whatsoever for your verification process or for any dissatisfaction, injury, loss, or harm resulting from your decisions.

6.5 Prohibited Conduct. You agree not to access or use the Services (or permit or encourage any third party to do so) for any unlawful, harmful, abusive, fraudulent, or prohibited purpose. Without limiting the foregoing, you shall not, and shall not permit any third party to:

(a) upload, post, transmit, share, generate, or otherwise make available any User Content that is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of privacy, hateful, racially or ethnically objectionable, discriminatory, or otherwise objectionable;

(b) impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity;

(c) engage in any fraudulent, deceptive, or misleading activity, including false or misleading information, fake identities, abuse of the Rewards or incentive programs, or fraudulent use of credit/debit cards or payment methods;

(d) upload, distribute, or transmit any viruses, worms, Trojan horses, malware, spyware, corrupted files, or any other harmful or malicious code or material;

(e) interfere with, disrupt, or create an undue burden on the Services or the networks, servers, or infrastructure connected to the Services;

(f) attempt to gain unauthorized access to any portion of the Services, other user accounts, computer systems, or networks;

(g) use any robot, spider, scraper, crawler, data-mining tool, or other automated means to access, collect data from, or interfere with the Services;

(h) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, underlying structure, or algorithms of any portion of the Services or any AI models;

(i) use the Services for any commercial purpose other than your personal, non-commercial use as expressly permitted, or in any way that competes with or could substitute for PixelArmour’s business;

(j) resell, rent, lease, sublicense, distribute, or otherwise exploit or commercialize any aspect of the Services, any Rewards, products, samples, or content obtained through the Services;

(k) overload, overburden, or disproportionately burden the infrastructure of the Services;

(l) incite hatred, violence, discrimination, or harm against any individual, group, or entity;

(m) violate any applicable Internet standards, rules, or etiquette, or any rules of any connected networks;

(n) intercept, monitor, or attempt to intercept private communications or data transmissions;

(o) circumvent, disable, or otherwise interfere with any security-related features or technological protection measures implemented by PixelArmour;

(p) remove, obscure, or alter any copyright, trademark, or other proprietary rights notices contained in or on the Services;

(q) use any AI Transformation feature or any other part of the Services in a manner that violates the rights of any third party or that could reasonably be expected to cause emotional distress, body-image issues, or other harm; or

(r) engage in any other activity that PixelArmour determines, in its sole and absolute discretion, is inappropriate, harmful to the Services, other users, or PixelArmour.

6.6 You agree to immediately notify PixelArmour of any unauthorized use of your account or any other breach of security. You remain fully liable for all activities that occur under your account until such notice is received and acknowledged by us.

6.7 Any breach of this Section 6 constitutes a material breach of these Terms and may result in immediate suspension or termination of your account and access to the Services, in addition to any other remedies available to PixelArmour under these Terms, at law, or in equity.

7. SERVICE GUIDELINES AND OUR RIGHTS

7.1 The Services are provided on an “as is” and “as available” basis. PixelArmour does not guarantee and expressly disclaims any representation or warranty that the Services will be continuous, uninterrupted, timely, secure, error-free, virus-free, or free from technical faults, defects, omissions, or inaccuracies.

7.2 PixelArmour reserves the right, in its sole and absolute discretion and at any time, with or without notice and without any liability to you or any third party, to: (a) modify, alter, update, suspend, discontinue, remove, or delete any portion of the Services, including any features, functionality, design, content, AI Transformations, Rewards, workout plans, or other aspects; (b) restrict, limit, or block access to any part of the Services; or (c) withdraw or cease offering any aspect of the Services entirely.

7.3 Access to the Services may be temporarily suspended or restricted from time to time for maintenance, upgrades, repairs, or other operational or legal reasons. We will make reasonable efforts to restore access as soon as practicable, but we provide no guarantees regarding timing, success, or continued availability.

7.4 PixelArmour has no obligation to correct any errors, omissions, faults, or technical issues in the Services and expressly disclaims any liability for them. If you encounter any issues, you may report them to us, but such reporting creates no obligation on our part to investigate, respond, or remedy within any specific timeframe.

7.5 PixelArmour reserves the absolute right, but has no obligation, to monitor, review, flag, modify, block, restrict, or remove any User Content, AI Transformations, or other material that we reasonably believe, in our sole discretion, may violate these Terms, any applicable law, or may be harmful, offensive, objectionable, or contrary to our interests. We may take such action without prior notice and without any liability to you.

7.6 To the fullest extent permitted by applicable law, PixelArmour shall have no liability whatsoever for any modification, suspension, discontinuation, restriction, or removal of any part of the Services, or for any loss of data, User Content, Rewards, subscription benefits, or other value resulting therefrom.

7.7 The rights granted to PixelArmour in this Section 7 are in addition to, and shall not limit or be limited by, any other rights or remedies we may have under these Terms, at law, or in equity. These provisions survive any termination or suspension of your account or these Terms.

By using the Services, you acknowledge and agree that the provisions in Sections 6 and 7 are material inducements for PixelArmour to provide the Services to you and that these protections are intended to provide us with the broadest possible legal safeguards permissible under law.

8. SUSPENSION AND TERMINATION

8.1 PixelArmour reserves the right, in its sole and absolute discretion, at any time and for any reason or no reason whatsoever, with or without prior notice to you, and without any liability to you or any third party, to temporarily suspend, indefinitely suspend, restrict, limit, or permanently terminate your account, your access to the Services (or any portion or feature thereof, including any subscription, Rewards program, AI Transformations, or other functionalities), or the ability of any person you permit to use the Services through your account or credentials.

8.2 Without limiting the generality of the foregoing, PixelArmour may exercise any of the rights described in Section 8.1 if:

(a) you breach, violate, or we reasonably suspect that you have breached, are breaching, or will breach any provision of these Terms of Service, the Privacy Policy, or any other agreement with PixelArmour;

(b) you violate or we reasonably suspect you have violated any applicable law, regulation, ordinance, or third-party right (including intellectual property, privacy, or publicity rights);

(c) we suspect or determine (in our sole discretion) that you have engaged in fraudulent, abusive, illegal, harmful, unethical, offensive, or inappropriate conduct in connection with the Services (including without limitation abuse of the Rewards program, submission of User Content, use of AI Transformations, community or social features, or any other activity);

(d) we believe your continued use of the Services may create legal, regulatory, security, reputational, or commercial risk or exposure for PixelArmour, our affiliates, or other users;

(e) you fail to pay any amounts owed to us when due or any payment is disputed, reversed, or charged back;

(f) we are requested or directed to do so by law enforcement, a court, regulatory authority, or other governmental body;

(g) you become insolvent or are the subject of any bankruptcy, insolvency, or similar proceedings; or

(h) for any other business, operational, legal, risk-management, or other reason we deem appropriate in our sole and absolute discretion.

8.3 If your account or access to the Services is suspended or terminated for any reason:

(a) your right to access and use the Services shall immediately cease;

(b) all licenses granted to you under these Terms shall immediately terminate;

(c) you must immediately stop all use of the Services and delete any copies of the application or any locally stored content;

(d) you will not be entitled to any refund, credit, compensation, or reimbursement of any kind for any amounts previously paid, unused subscription time, Rewards earned, AI Transformations generated, or any other value associated with your account (except to the extent a refund is expressly required by non-waivable applicable law);

(e) PixelArmour may (but is not obligated to) delete, remove, or permanently erase your account, all User Content, AI Transformations generated from your content, and any associated data or information, without any obligation to retain, preserve, or provide copies to you (except to the extent retention is required by applicable law);

(f) you remain fully responsible and liable for all activities that occurred through your account prior to suspension or termination; and

(g) any provisions of these Terms that by their nature are intended to survive (including without limitation Sections regarding Intellectual Property Rights, Privacy Policy, Disclaimer of Warranties and Limitation of Liability, Indemnification, Governing Law and Dispute Resolution, and this Section 8) shall survive and remain in full force and effect indefinitely.

8.4 If we suspend your access to the Services, we may, in our sole discretion, refuse to reinstate your account or access for any reason. Any reinstatement shall be at PixelArmour’s absolute discretion and may be conditioned on additional requirements, assurances, or fees.

8.5 PixelArmour shall fully cooperate with any law enforcement authorities, regulatory agencies, courts, or other governmental bodies requesting or directing us to disclose your identity, account information, User Content, or to take any other action in connection with your use of the Services. You irrevocably waive any right to challenge, object to, or claim damages from such cooperation.

8.6 To the fullest extent permitted by applicable law, PixelArmour shall have no liability whatsoever to you or any third party for any suspension, restriction, or termination of your account or access to the Services, regardless of the reason, timing, or consequences (including without limitation any loss of data, User Content, Rewards, subscription benefits, business opportunities, or any other damages). You acknowledge and agree that you have no expectation of continued access to the Services and that suspension or termination may occur without warning.

8.7 The rights granted to PixelArmour under this Section 8 are in addition to, and shall not limit or be limited by, any other rights or remedies we may have under these Terms, at law, or in equity. These rights and your obligations under this Section shall survive any termination or suspension of your account, subscription, or these Terms.

By accessing or using the Services, you acknowledge and agree that this Section 8 provides PixelArmour with the broadest possible rights and protections permissible under applicable law to protect its interests, and you expressly consent to all provisions herein.

9. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

9.1 The Services, the PixelArmour mobile application, website, software, all features and functionalities (including without limitation AI Transformations, Rewards programs, workout plans, exercise recommendations, generated sets/reps/RPE/RIR, progress tracking, social/community features, and any content, data, or outputs generated or displayed therein), and any information, materials, or services provided through or in connection with the Services are provided strictly on an “AS IS,” “AS AVAILABLE,” and “WITH ALL FAULTS” basis. To the fullest extent permitted by applicable law, PixelArmour, its affiliates, officers, directors, employees, agents, licensors, suppliers, and successors expressly disclaim all warranties and representations of any kind, whether express, implied, statutory, or otherwise, including but not limited to:

(a) warranties of merchantability, quality, fitness for a particular purpose, accuracy, completeness, timeliness, title, non-infringement, uninterrupted or error-free operation, freedom from viruses or other harmful code, or any implied warranties arising from course of dealing, course of performance, or usage of trade;

(b) any representation or warranty that the Services will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, or be secure, accurate, reliable, or available;

(c) any representation or warranty regarding the accuracy, reliability, or completeness of any workout plans, fitness recommendations, AI Transformations, health/fitness data, or any other content provided through the Services.

9.2 PixelArmour does not guarantee, and expressly disclaims any warranty or representation, that the Services will be accessible, available, uninterrupted, timely, secure, virus-free, or free from technical issues, errors, bugs, or defects. We are not liable for any delay, failure, or interruption caused by or resulting from acts of God, force majeure events, pandemics, strikes, labor disputes, governmental actions, power or telecommunications failures, internet or network disruptions, cyberattacks, hacking, data breaches, or any other circumstances beyond our reasonable control.

9.3 Although we may strive to provide accurate and current information, we make no representations or warranties whatsoever regarding the accuracy, completeness, timeliness, reliability, or suitability of any content, data, workout information, AI-generated outputs, or other materials on or through the Services. All such content is provided for general informational and entertainment purposes only.

9.4 Health, Fitness, and Medical Disclaimer. The Services may provide information, workout plans, exercises, generated training recommendations (including sets, reps, intensity, RPE, RIR), AI Transformations, progress visualizations, or other content related to fitness, health, wellness, or physical activity. This content is not, and shall not be interpreted as, medical advice, diagnosis, treatment, or professional physical training advice. You acknowledge and agree that PixelArmour is not a healthcare provider, physician, certified trainer, or medical professional. Any reliance on the Services or its content is solely at your own risk. You must consult with a qualified healthcare provider, physician, or certified fitness professional before beginning any exercise program or using any features of the Services. You represent and warrant that you have obtained medical clearance from a physician to engage in physical activity and are in sufficient health to use the Services safely. PixelArmour expressly disclaims any and all responsibility or liability for any injury, illness, medical condition, death, or other adverse health consequence (including without limitation muscle strains, joint injuries, cardiovascular events, or exacerbation of pre-existing conditions) that may arise from or in connection with your use of the Services, performance of any exercises, or reliance on any content provided therein. You are solely responsible for ensuring maximal safety when exercising (including the use of spotters, proper equipment, proper form, and ceasing activity if you experience pain or discomfort) and for obtaining regular medical check-ups.

9.5 AI Transformations and User Content. Any AI Transformations, image modifications, generated visuals, or other outputs are provided “as is” with no representations or warranties regarding accuracy, realism, quality, safety, or suitability. PixelArmour disclaims all liability for any claims arising from or related to any AI-generated content, including but not limited to emotional distress, body image issues, defamation, invasion of privacy, or any other harm.

9.6 Limitation of Liability. To the fullest extent permitted by applicable law, in no event shall PixelArmour, its affiliates, officers, directors, employees, agents, licensors, suppliers, or successors be liable (whether in contract, tort (including negligence), strict liability, warranty, or under any other legal theory) for any direct, indirect, incidental, special, consequential, exemplary, punitive, or other damages of any kind whatsoever, including without limitation damages for loss of profits, revenue, business, anticipated savings, goodwill, data, use, or other intangible losses, personal injury, emotional distress, or any other loss or damage, even if PixelArmour has been advised of the possibility of such damages. This limitation applies regardless of the form of action or the basis of the claim and whether or not any remedy provided herein fails of its essential purpose.

9.7 Without limiting the generality of the foregoing, PixelArmour shall not be liable for any damages arising from or related to:

(a) your access to, use of, or inability to use the Services;

(b) any errors, inaccuracies, omissions, or outdated information in the Services or any content;

(c) any actions or omissions of third parties, including other users, advertisers, or service providers;

(d) any User Content, AI Transformations, or other materials viewed, encountered, or generated through the Services (including content you find offensive, objectionable, or harmful);

(e) any interruption, delay, or failure in the operation of the Services;

(f) any unauthorized access to or alteration of your account, data, or transmissions; or

(g) any other matter relating to the Services or these Terms.

9.8 In jurisdictions where the above exclusions or limitations are not permitted in full, PixelArmour’s liability shall be limited to the maximum extent allowed by applicable law, and in no event shall our total aggregate liability to you for all damages, losses, and causes of action exceed the greater of (i) the amount you actually paid to PixelArmour for the Services in the twelve (12) months immediately preceding the event giving rise to liability, or (ii) One Hundred U.S. Dollars (USD $100.00). The existence of multiple claims shall not increase this limit.

9.9 The disclaimers and limitations in this Section 9 are fundamental elements of the bargain between you and PixelArmour, and PixelArmour would not provide the Services without these protections. These provisions shall survive any termination of your account or these Terms.

9.10 No Waiver of Statutory Rights. The above limitations and exclusions apply only to the extent permitted by applicable law and do not affect any non-waivable statutory rights you may have as a consumer under applicable law. However, to the maximum extent permitted, you waive any such rights that would otherwise limit the effect of these disclaimers and limitations.

9.11 Data and Communications. Despite our reasonable security efforts, we cannot guarantee that electronic data transfers, communications with us (including email), or data stored on the Services are immune from interception, alteration, or unauthorized access. We expressly disclaim any liability for any interception, monitoring, or unauthorized reading of such data or communications.

By accessing or using the Services, you acknowledge that you have read, understood, and voluntarily accept this Section 9 in its entirety and agree that it provides PixelArmour with the broadest possible legal protection permissible under law.

10. INDEMNIFICATION

10.1 To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless PixelArmour, its affiliates, subsidiaries, officers, directors, employees, agents, licensors, suppliers, successors, and assigns (collectively, the “Indemnified Parties”) from and against any and all claims, demands, actions, suits, proceedings, liabilities, damages, losses, costs, expenses, fines, penalties, and judgments of any kind or nature whatsoever (including, without limitation, reasonable attorneys’ fees, expert fees, court costs, and other litigation expenses, whether incurred at trial, on appeal, or otherwise) that arise out of, result from, or are in any way connected with:

(a) your access to, use of, or inability to use the Services (including any features, Rewards, AI Transformations, or other functionalities);

(b) any use of the Services by any person accessing them through your account or using your credentials (whether or not authorized by you);

(c) any User Content (including without limitation any photos, videos, progress images, or other visual content) that you upload, submit, post, transmit, share, or generate through the Services;

(d) any AI Transformations, image modifications, or other outputs generated from your User Content or from any other user’s User Content;

(e) your viewing, accessing, encountering, or being exposed to any content whatsoever on or through the Services, including without limitation any User Content, AI-generated content, third-party content, advertisements, community posts, messages, social features, or any other material, regardless of whether you find such content offensive, objectionable, inaccurate, defamatory, harmful, distressing, emotionally upsetting, or otherwise disagreeable;

(f) your breach or alleged breach of any representation, warranty, covenant, or obligation contained in these Terms of Service, the Privacy Policy, or any other agreement with PixelArmour;

(g) your violation or alleged violation of any applicable law, rule, regulation, ordinance, or third-party right (including, without limitation, intellectual property rights, privacy rights, publicity rights, data protection laws, or consumer protection laws);

(h) any negligence, recklessness, willful misconduct, or fraud on your part or on the part of anyone using your account;

(i) any dispute or interaction between you and any other user of the Services or any third party; or

(j) any other act or omission by you in connection with the Services or these Terms.

10.2 Your indemnification obligations under this Section 10 are independent of any other remedies or rights that PixelArmour may have under these Terms or at law or in equity and shall survive the termination of your account, these Terms of Service, or your use of the Services for any reason.

10.3 PixelArmour reserves the right, at its sole discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to fully cooperate with PixelArmour (at your sole expense) in asserting any available defenses. You shall promptly reimburse the Indemnified Parties for all costs and expenses (including attorneys’ fees) incurred in connection with any matter subject to this indemnity upon demand.

10.4 If any provision of this Section 10 is held to be unenforceable under applicable law, such provision shall be enforced to the maximum extent permitted and the remaining provisions shall remain in full force and effect. This indemnification obligation is intended to provide the Indemnified Parties with the broadest possible protection permissible under law.

By using the Services, you acknowledge that this indemnification is a material inducement for PixelArmour to provide the Services to you and that PixelArmour would not offer the Services without these protections.

11. INTELLECTUAL PROPERTY RIGHTS

11.1 The Services, the PixelArmour mobile application, website, software, code, algorithms, artificial intelligence and machine learning models, databases, user interfaces, designs, graphics, text, images, photographs, illustrations, artwork, audio, video, logos, trademarks, service marks, trade names, and all other content, features, functionality, and materials (collectively, the “PixelArmour IP”) are the sole and exclusive property of PixelArmour, its licensors, or its suppliers. All PixelArmour IP is protected by United States and international copyright, trademark, patent, trade secret, and all other applicable intellectual property and proprietary rights laws and treaties. All rights, title, and interest in and to the PixelArmour IP remain exclusively with PixelArmour and its licensors.

11.2 Subject to your strict compliance with these Terms of Service, PixelArmour grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license solely during the term of your permitted use of the Services to access and use the Services for your personal, non-commercial use only. This license is personal to you and may not be assigned, transferred, or shared. Any use beyond the narrow scope of this license is strictly prohibited.

11.3 You acknowledge and agree that no title or ownership in any PixelArmour IP is transferred or licensed to you. All rights not expressly granted to you under these Terms are reserved exclusively by PixelArmour and its licensors. There are no implied licenses of any kind granted under these Terms.

11.4 User-Generated Content. Any content, data, photos, videos, images, text, workout information, progress photos, or other materials you upload, submit, post, share, transmit, or generate through the Services (collectively, “User Content”) remains your property to the extent you own it. However, by submitting any User Content, you irrevocably grant PixelArmour a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, sublicensable, and transferable license to use, reproduce, modify, adapt, create derivative works from (including through AI analysis, transformation, generation, or any other processing), distribute, publicly display, publicly perform, and otherwise exploit such User Content in any manner and for any purpose whatsoever, including without limitation operating, improving, promoting, advertising, monetizing, and commercializing the Services and any related products or services.

11.5 You represent and warrant that you own all rights in, or have obtained all necessary permissions, consents, and releases from any third parties depicted in or owning rights to, any User Content you submit. You further represent and warrant that your submission and our use of such User Content will not infringe or violate any third-party intellectual property rights, privacy rights, publicity rights, or any other rights.

11.6 You shall not, and shall not permit any third party to: (a) copy, reproduce, modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on any portion of the Services or PixelArmour IP; (b) distribute, transmit, sell, resell, rent, lease, sublicense, or otherwise exploit the Services or any PixelArmour IP for any commercial purpose; (c) remove, obscure, or alter any copyright, trademark, or other proprietary notices; (d) scrape, crawl, data mine, or use any robot, spider, or automated means to access or collect data from the Services; or (e) use the Services or PixelArmour IP in any manner that competes with or could substitute for PixelArmour’s business.

11.7 Trademarks. “PixelArmour,” the PixelArmour logo, and all related names, logos, product and service names, designs, and slogans are trademarks or service marks of PixelArmour or its affiliates. You may not use any such marks without PixelArmour’s prior written consent. All other names, logos, and marks appearing on or through the Services are the property of their respective owners.

11.8 Enforcement. PixelArmour will vigorously enforce its intellectual property rights to the fullest extent permitted by law. You acknowledge that any unauthorized use of the PixelArmour IP may cause irreparable harm to PixelArmour for which monetary damages would be inadequate, and you consent to injunctive or other equitable relief without the need for PixelArmour to post a bond. PixelArmour reserves the right to pursue all available legal and equitable remedies, including damages, attorney’s fees, costs, and injunctive relief.

11.9 Indemnification. You agree to indemnify, defend, and hold harmless PixelArmour, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to (i) any actual or alleged infringement or misappropriation of any intellectual property rights by your use of the Services or your User Content, or (ii) any breach of the representations, warranties, or obligations in this Section 11.

11.10 Feedback. Any suggestions, ideas, comments, feedback, or other information you provide to PixelArmour regarding the Services or PixelArmour IP shall be deemed non-confidential and shall become the sole and exclusive property of PixelArmour. PixelArmour may use such feedback without restriction and without any obligation of compensation or attribution to you.

By using the Services, you acknowledge that any unauthorized reproduction, distribution, modification, or other use of PixelArmour IP or violation of this Section 11 is strictly prohibited and may subject you to civil and criminal liability to the fullest extent of the law. All rights not expressly granted in these Terms are expressly reserved by PixelArmour.

12. CHANGES TO THE SERVICES AND TERMS

12.1 PixelArmour reserves the right, at any time and in its sole and absolute discretion, to modify, suspend, discontinue, remove, or alter any portion of the Services or the App, including but not limited to any features, functionality, content, design, pricing, subscription plans, products, services, Rewards, or any other aspect thereof, with or without notice to you. PixelArmour shall not be liable to you or any third party for any such modification, suspension, discontinuation, or for any errors, inaccuracies, omissions, or outdated information in any content, descriptions, or pricing.

12.2 PixelArmour reserves the right to amend, modify, update, supplement, or replace these Terms of Service at any time, for any reason, with or without notice. Any revised Terms will be posted within the App and/or on our website and shall become effective immediately upon posting (or on such later date as may be specified). Your continued access to or use of the Services after the posting of any revised Terms constitutes your full and irrevocable acceptance of the updated Terms. If you do not agree to the revised Terms, your sole and exclusive remedy is to immediately cease all use of the Services and, if applicable, cancel your subscription in accordance with these Terms. You acknowledge and agree that it is your sole responsibility to regularly review these Terms.

13. GOVERNING LAW, JURISDICTION, AND DISPUTE RESOLUTION

13.1 These Terms of Service, the Privacy Policy, and any dispute or claim arising out of or in connection with them or their subject matter (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory) shall be governed by and construed in accordance with the laws of the State of Utah, United States of America, without regard to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

13.2 To the fullest extent permitted by law, any dispute, claim, or controversy arising out of or relating to these Terms, the Privacy Policy, your use of the Services, or any relationship between you and PixelArmour shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules, conducted in Utah County, Utah. The arbitration shall be conducted in English by a single arbitrator. Judgment on the arbitral award may be entered in any court of competent jurisdiction.

13.3 YOU ACKNOWLEDGE AND AGREE THAT YOU AND PIXELARMOUR ARE EACH WAIVING ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN ANY CLASS ACTION, COLLECTIVE ACTION, REPRESENTATIVE ACTION, OR CONSOLIDATED PROCEEDING. You may not bring any claim, suit, or proceeding as a class action or in any representative capacity, and you irrevocably waive any right to do so.

13.4 Notwithstanding the foregoing, PixelArmour may seek injunctive relief, specific performance, or any other equitable relief in any court of competent jurisdiction (without the need to post a bond) to protect its intellectual property rights, confidential information, or other proprietary rights.

13.5 You agree that any cause of action or claim arising out of or related to the Services or these Terms must be commenced within one (1) year after the cause of action accrues. Otherwise, such cause of action or claim is permanently barred.

13.6 If any provision of this Section 13 is held unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect.

These revised sections now provide the company with the broadest possible legal protections under applicable law while remaining clear and enforceable.

14. PRIVACY POLICY

14.1 This Privacy Policy describes how PixelArmour (“we”, “us”, or “our”) collects, uses, discloses, processes, stores, transfers, and protects information about you when you access, download, install, register for, or otherwise use the PixelArmour mobile application, website, and any related services (collectively, the “Services”). By accessing or using the Services in any way, you expressly acknowledge that you have read, understood, and agree to be bound by this Privacy Policy in its entirety. This Privacy Policy is incorporated into and forms an integral part of our Terms of Service. If you do not agree with any part of this Privacy Policy, you must immediately cease all use of the Services and delete your account and any associated data.

14.2 We reserve the right to modify, update, or replace this Privacy Policy at any time, for any reason, and without prior notice to the maximum extent permitted by applicable law. Any changes will be effective immediately upon posting the revised Privacy Policy within the Services or on our website. Your continued use of the Services following any such posting constitutes your acceptance of the updated Privacy Policy. It is your sole responsibility to review this Privacy Policy periodically for changes.

14.3 Information We Collect. To the fullest extent permitted by applicable law, we may collect any and all types of information from and about you, including without limitation:

(a) Personal Information you provide directly or indirectly, such as name, email address, phone number, date of birth, gender, profile information, payment information, billing address, and any other data you submit or that is associated with your account;

(b) Health, Fitness, Biometric, Activity, and Sensor Data, including workout history, exercise details, performance metrics, heart rate, steps, calories burned, sleep data, body measurements, GPS location data (precise or approximate), movement data, device sensor data, progress photos/videos, and any other health- or fitness-related information generated through or collected by the Services;

(c) Usage, Technical, Behavioral, and Device Data automatically collected when you use the Services, including IP address, device type, operating system, browser type, unique device identifiers, advertising identifiers, app usage patterns, interaction data, clickstream data, session duration, crash logs, and any other analytics, diagnostic, or telemetry data;

(d) Content and Communications you create, upload, post, share, or transmit through the Services (including photos, videos, comments, messages, social posts, and any community or networking features);

(e) Inferred or Derived Data that we create or infer about you from any of the above, such as preferences, interests, behavior patterns, or profiles;

(f) Third-Party Data received from affiliates, partners, advertisers, social media platforms, analytics providers, or other sources; and

(g) Any other information we may collect through cookies, pixels, beacons, SDKs, tracking technologies, or similar tools.

We may collect this information whether or not you actively provide it, combine data from multiple sources, and use it even after you have stopped using the Services.

14.4 How We Use Your Information. You expressly consent to our collection, use, and processing of your information for any and all lawful purposes, including but not limited to:

(a) Providing, maintaining, personalizing, improving, and operating the Services;

(b) Conducting experiments, research, testing, data analysis, algorithm optimization, and product development, including training, testing, enhancing, and deploying artificial intelligence, machine learning, and other models;

(c) Advertising, marketing, promotions, targeted advertising, behavioral profiling, cross-device tracking, and personalized recommendations (including third-party advertising and retargeting);

(d) Enabling social networking, community features, leaderboards, sharing, interactions between users, and any social or collaborative aspects of the Services;

(e) Analytics, statistical analysis, business intelligence, and internal research;

(f) Fraud prevention, security, abuse detection, and enforcing our Terms of Service;

(g) Complying with legal obligations or protecting our rights, property, or safety;

(h) Any other business, commercial, monetization, or product development purpose, including de-identification, aggregation, anonymization, pseudonymization, licensing, or sale of data.

You acknowledge and agree that we have the broadest possible rights to use your data for commercial purposes, including without limitation monetization through advertising, data products, and algorithmic improvements.

14.5 Sharing and Disclosure of Information. To the fullest extent permitted by applicable law, we may disclose, share, sell, license, transfer, or otherwise make available your information (including personal information, health/fitness data, and aggregated/de-identified data) to:

• Our affiliates, subsidiaries, and related companies;

• Third-party service providers, contractors, and business partners (including payment processors, hosting providers, analytics firms, and advertising networks);

• Advertising partners, marketing platforms, data brokers, and other monetization partners;

• Other users through social, community, or networking features;

• In connection with a merger, acquisition, corporate reorganization, sale of assets, or bankruptcy;

• Law enforcement, regulators, or other third parties as required or permitted by law or to protect our legal rights.

Once information is de-identified, aggregated, or anonymized, we may use and disclose it without any restriction or limitation.

14.6 Data Retention. We may retain your information for as long as we deem necessary or useful for our business purposes, legal obligations, archival purposes, or as otherwise permitted by applicable law. We have no obligation to delete or return data upon request except where specifically required by applicable privacy laws, and we may retain de-identified or aggregated data indefinitely.

14.7 Cookies and Tracking Technologies. We and our third-party partners use cookies, pixels, beacons, SDKs, and similar tracking technologies to collect, store, and analyze information automatically. You consent to our use of these technologies. Browser or device settings may not fully block all tracking, and we are not responsible for any limitations in your choices.

14.8 Security. We implement reasonable technical and organizational security measures to help protect your information. However, no method of transmission over the Internet or electronic storage is 100% secure. To the maximum extent permitted by law, we expressly disclaim any and all liability for any unauthorized access, data breach, interception, loss, alteration, or misuse of your information.

14.9 International Data Transfers. Your information may be transferred to, processed, and stored in countries outside your jurisdiction of residence, including the United States and other countries that may have different data protection standards. By using the Services, you explicitly consent to such transfers.

14.10 Your Rights and Choices. Any rights you may have under applicable law (such as access, correction, deletion, or opt-out rights) are subject to our legitimate business needs, legal requirements, and technical feasibility. We reserve the right to deny, limit, or charge fees for any such requests to the maximum extent permitted by law. Exercising such rights may impair or prevent your ability to use the Services.

14.11 Children’s Privacy. The Services are not intended for, and we do not knowingly collect personal information from, children under the age of 18 (or the minimum age required by applicable law in your jurisdiction). If we discover we have collected data from a child, we will delete it promptly.

14.12 AI-Powered Image Transformations. PixelArmour may offer features that use artificial intelligence and machine learning to analyze, modify, enhance, transform, or generate new images or videos (“AI Transformations”) based on any photos, videos, or other visual content you upload, submit, or create through the Services (collectively, “User Visual Content”). Such AI Transformations may include (but are not limited to) generating “after” images, body recomposition visualizations, fitness progress simulations, avatar creation, filters, or any other AI-generated outputs.

By uploading or submitting any User Visual Content, you irrevocably grant PixelArmour a perpetual, irrevocable, worldwide, royalty-free, sublicensable, and transferable license to collect, store, process, analyze, reproduce, modify, create derivative works from (including through AI training and inference), display, distribute, and otherwise use that content for any purpose, including without limitation performing AI Transformations, training our models, improving our algorithms, advertising, marketing, and any commercial or non-commercial use.

You acknowledge and agree to the following:

(a) AI Transformations are provided “as is” and “as available” with no representations or warranties of any kind. We make no guarantees regarding accuracy, realism, quality, suitability, or fitness for any purpose. AI outputs may contain errors, artifacts, distortions, or unrealistic elements.

(b) To the maximum extent permitted by applicable law, PixelArmour, its affiliates, officers, directors, employees, agents, and licensors shall have no liability whatsoever for any claims, damages, losses, or liabilities arising out of or in connection with any AI Transformation, including (without limitation) claims of defamation, invasion of privacy, right of publicity, intellectual property infringement, emotional distress, or any other tort or legal theory.

(c) You represent and warrant that you own all rights in the User Visual Content you submit or have obtained all necessary consents and permissions from any individuals depicted therein. You are solely responsible for ensuring that your use of the feature complies with all applicable laws and third-party rights.

(d) You irrevocably release, waive, discharge, and forever hold harmless PixelArmour and its affiliates from any and all claims, lawsuits, demands, actions, causes of action, damages, liabilities, or losses of any kind (whether known or unknown, suspected or unsuspected) arising out of or in any way related to the AI Transformations or our use of your User Visual Content. You expressly waive any protections under laws that might otherwise limit the scope of this release.

(e) You agree to indemnify, defend, and hold harmless PixelArmour, its affiliates, officers, directors, employees, agents, and successors from and against any and all claims, liabilities, damages, losses, penalties, fines, costs, and expenses (including reasonable attorneys’ fees) arising out of or in connection with (i) your submission of User Visual Content, (ii) any AI Transformation generated from it, or (iii) any breach of your representations in this section.

14.13 No Expectation of Privacy; Waiver and Indemnity. You acknowledge that you have no expectation of privacy in any information you provide or that is collected through the Services. To the maximum extent permitted by law, you irrevocably waive any and all claims, rights, or causes of action (whether known or unknown) arising out of or related to our data practices as described herein. You agree to indemnify, defend, and hold harmless PixelArmour, its affiliates, officers, directors, employees, agents, and successors from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys’ fees) arising from your provision of data or use of the Services.

By using PixelArmour, you grant us a perpetual, irrevocable, royalty-free, worldwide license to use, reproduce, modify, distribute, and commercialize your data in any manner consistent with this Privacy Policy. This Privacy Policy is intended to provide us with the maximum legal protection permissible under applicable law. If any provision is held unenforceable, the remainder shall continue in full force and effect.

15. SUBSCRIPTION PLANS

15.1 PixelArmour offers certain services on a subscription basis. The details of subscription plans (including features, pricing, and billing cycles) are outlined on the website and/or within the mobile application. When you apply for or purchase a subscription plan through the mobile application or website, you expressly agree to the terms specified in this Section 15, as well as all other applicable terms in these Terms of Service. Your subscription constitutes a binding contractual commitment.

15.2 Your subscription will be activated only after PixelArmour has successfully verified and processed your payment. PixelArmour reserves the sole discretion to refuse or delay activation for any reason, including suspected fraud, incomplete information, or violation of these Terms.

15.3 The subscription is billed automatically in advance on a weekly, monthly, or yearly basis (as selected by you at signup) and operates on an auto-renewal system. By subscribing, you authorize PixelArmour (or its third-party payment processors) to charge the subscription fee, plus any applicable taxes and fees, to your authorized payment method (credit card, debit card, or other approved method) for the next billing cycle. This authorization remains in effect until you cancel in accordance with Section 15.7. Unless you cancel or switch to a free plan before the end of the current billing period, PixelArmour will automatically renew your subscription and charge the then-current subscription fee.

15.4 You are solely responsible for maintaining accurate, complete, and up-to-date payment information in your account. A failure to successfully charge your payment method for any reason (including expiration, insufficient funds, or billing address changes) will result in the immediate suspension of your subscription. Repeated failed charges may lead to permanent termination of your subscription and account without notice. You agree to reimburse PixelArmour for any costs incurred in collecting overdue amounts, including reasonable attorney’s fees.

15.5 PixelArmour offers various subscription plans at different price points, which are subject to review and change at any time. All prices are quoted in U.S. Dollars (or such other currency as specified at checkout) and exclude applicable taxes unless otherwise stated.

15.6 PixelArmour reserves the right to modify, discontinue, or replace any subscription plan, features, or pricing at any time, with or without notice to you. Any such adjustments will take effect at the start of your next billing cycle. Continued use of the service after the effective date of any change constitutes your acceptance of the modified terms, pricing, or plans.

15.7 Cancellation. You may cancel your subscription at any time through the settings in the mobile application or by contacting PixelArmour support (if made available). Cancellation will take effect at the end of the then-current billing period; you will continue to have access until that date. You will not receive a refund or credit for any amounts already paid, and you will not be charged for future periods. To avoid being charged for the next cycle, you must cancel before the renewal date. PixelArmour is not responsible for any failure to cancel due to your failure to follow the required cancellation procedures.

15.8 Refunds and Credits. All payments are non-refundable and non-creditable except where required by applicable law. PixelArmour does not provide refunds or credits for partial periods of use, unused features, or downgrades. In jurisdictions where refunds are mandated (e.g., certain consumer protection laws), any refund will be issued solely at PixelArmour’s discretion and only in the form of account credit or to the original payment method, less any processing fees.

15.9 Taxes and Additional Fees. You are responsible for all applicable taxes, duties, levies, or governmental charges (including VAT, GST, or sales tax) imposed on your subscription, except for taxes based on PixelArmour’s net income. These amounts will be added to your billing total or collected separately. You must comply with all tax reporting and payment obligations.

15.10 Suspension and Termination Rights. In addition to the rights set forth in Section 15.4, PixelArmour may immediately suspend or terminate your subscription and access to the service without notice or liability if: (a) you breach any provision of these Terms; (b) we suspect fraudulent, abusive, or illegal activity; (c) required by law or court order; or (d) for any other reason in our sole discretion. Upon termination, you will not be entitled to any refund, and any outstanding amounts become immediately due and payable.

15.11 No Warranties; Service Availability. Subscriptions are provided “as is” and “as available.” PixelArmour makes no representations or warranties of any kind regarding uninterrupted access, error-free operation, or specific uptime. We may temporarily suspend service for maintenance, updates, or emergencies without notice or liability.

15.12 Non-Transferable; Personal Use. Your subscription is personal to you, non-transferable, and may not be sold, assigned, or shared. Any attempt to do so is grounds for immediate termination.

15.13 Changes to These Terms. PixelArmour may update this Section 15 at any time. Continued use after changes constitutes acceptance. If you do not agree to modified terms, you must cancel your subscription before the next renewal.

15.14 Workout Rewards and Incentive Program. PixelArmour may, from time to time and in its sole and absolute discretion, offer rewards, bonuses, credits, cash payouts, or other incentives (“Rewards”) to users for completing workouts, challenges, or achieving specific milestones. Any such Rewards may be issued as a credit applied back to your original payment method, as account credit, digital wallet credit, or paid out via bank transfer, third-party payment processor, or any other method chosen solely by PixelArmour.

You acknowledge and agree to the following:

(a) The Rewards program is entirely voluntary, promotional only, and offered at PixelArmour’s sole discretion. There is no guarantee that any Reward will be offered, earned, or paid. PixelArmour reserves the right to modify, suspend, terminate, alter eligibility criteria, reward amounts, payout methods, or any other aspect of the Rewards program at any time, with or without notice and without liability to you.

(b) You are solely and exclusively responsible for determining, reporting, paying, and complying with all taxes, duties, levies, withholdings, and any other governmental charges or obligations of any kind (including income tax, self-employment tax, VAT, GST, or similar) that arise from the receipt or value of any Reward. PixelArmour shall have no obligation to withhold, report, remit, or assist with any taxes on your behalf except where legally required, and assumes no responsibility or liability whatsoever for any tax liability, penalties, interest, audits, or legal consequences you may incur.

(c) You agree to indemnify, defend, and hold harmless PixelArmour, its affiliates, officers, directors, employees, agents, and successors from and against any and all claims, liabilities, damages, losses, penalties, fines, interest, costs, and expenses (including reasonable attorneys’ fees) arising out of or in connection with (i) your receipt of any Reward, (ii) any tax obligations or reporting failures related to any Reward, or (iii) any dispute regarding the Rewards program.

(d) By participating in the Rewards program or accepting any Reward, you irrevocably release, waive, discharge, and forever hold harmless PixelArmour and its affiliates from any and all claims, lawsuits, demands, actions, causes of action, damages, liabilities, or losses of any kind (whether known or unknown, suspected or unsuspected) arising out of or in any way related to the Rewards program, including without limitation eligibility determinations, amount, timing, method of payment, taxation, processing delays, or any other aspect thereof. You expressly waive any protections under laws that might otherwise limit the scope of this release.

(e) Rewards are non-transferable, non-assignable, and may not be sold or shared. PixelArmour is not liable for any delays, failures, errors, fees, or losses in processing or delivering any Reward caused by you, third-party processors, or circumstances beyond our reasonable control.

By subscribing, you acknowledge that you have read, understood, and agree to be bound by all provisions in this Section 15. These terms are intended to provide the maximum legal protection permissible under applicable law. If any provision is held unenforceable, the remainder shall continue in full force.

16. GENERAL PROVISIONS

16.1 Entire Agreement; Integration; Superseding Effect. These Terms of Service, together with the Privacy Policy (Section 14), the Subscription Plan terms (Section 15), and any other policies or agreements expressly incorporated herein by reference, constitute the entire, complete, exclusive, and final agreement between you and PixelArmour with respect to the subject matter hereof and supersede and replace any and all prior or contemporaneous agreements, understandings, representations, warranties, negotiations, proposals, or discussions (whether oral, written, or electronic) between the parties relating to the Services. You acknowledge and agree that you have not relied upon any representation, warranty, or statement not expressly set forth in these Terms. No oral or written statements by any PixelArmour employee, agent, or representative shall be deemed to modify or supplement these Terms unless set forth in a writing signed by an authorized officer of PixelArmour.

16.2 Severability; Reformation. If any provision of these Terms (or any portion thereof) is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, unenforceable, or void for any reason, such provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of these Terms shall continue in full force and effect without being impaired or invalidated in any way. The parties agree to negotiate in good faith to replace any invalid, illegal, or unenforceable provision with a valid provision that most closely approximates the original intent. If such replacement is not possible, the offending provision shall be deemed severed and the balance of these Terms shall remain enforceable.

16.3 No Waiver; Cumulative Remedies. PixelArmour’s failure or delay to exercise or enforce any right, remedy, power, or privilege under these Terms or at law or in equity shall not operate as a waiver thereof, nor shall any single or partial exercise of any such right, remedy, power, or privilege preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege. All rights and remedies provided herein are cumulative and in addition to, and not in lieu of, any other rights or remedies available at law, in equity, or otherwise. A waiver by PixelArmour of any breach of these Terms shall not constitute a waiver of any other or subsequent breach.

16.4 Assignment. You may not assign, transfer, delegate, sublicense, or otherwise dispose of any of your rights or obligations under these Terms (by operation of law or otherwise) without PixelArmour’s prior express written consent, which may be withheld in its sole and absolute discretion. Any attempted assignment in violation of this provision shall be null and void. PixelArmour may freely assign, transfer, delegate, sublicense, or otherwise dispose of any of its rights or obligations under these Terms, in whole or in part, to any affiliate, subsidiary, successor in interest, or third party without notice to you or your consent, including in connection with any merger, acquisition, corporate reorganization, sale of assets, or change of control.

16.5 Electronic Communications and Signatures. You consent to receive all communications, agreements, notices, disclosures, and other documents from PixelArmour electronically, including via email, in-app notifications, push notifications, SMS/text messages, or by posting within the Services. Such electronic communications shall satisfy any legal requirement that such communications be in writing. You further agree that your electronic acceptance of these Terms, any click-through agreements, or any other electronic signature or action you take through the Services shall have the same legal effect as a physical signature and shall be deemed your binding agreement to such terms.

16.6 Notices. Any notices or communications required or permitted under these Terms shall be in writing and shall be deemed duly given (a) upon personal delivery, (b) upon confirmed receipt by email to the address you provided in your Account, or (c) three (3) business days after being mailed by certified or registered mail, return receipt requested, to the address on file in your Account. PixelArmour may also provide notices by posting them within the Services or on our website, which shall be deemed effective immediately upon posting.

16.7 Force Majeure. PixelArmour shall not be liable or responsible to you, nor be deemed to have defaulted under or breached these Terms, for any failure or delay in fulfilling or performing any obligation hereunder when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, government actions, embargoes, strikes, labor disputes, pandemics, epidemics, quarantines, national or regional emergencies, or any other similar cause (collectively, “Force Majeure Events”). In the event of a Force Majeure Event, PixelArmour’s obligations shall be suspended for the duration of the event, and we shall have no liability to you for any resulting loss, damage, or inconvenience.

16.8 Survival. All provisions of these Terms that by their nature are intended to survive termination, suspension, or expiration of your Account or these Terms (including without limitation Sections 8, 9, 10, 11, 12, 13, 14, 15, and this Section 16, as well as all representations, warranties, disclaimers, limitations of liability, indemnification obligations, releases, waivers, and covenants) shall survive and remain in full force and effect indefinitely.

16.9 No Agency; Independent Contractors; No Third-Party Beneficiaries (Except as Expressly Stated). Nothing in these Terms creates any agency, partnership, joint venture, employment, or franchise relationship between you and PixelArmour. The parties are independent contractors. Except as expressly provided herein (including third-party beneficiary rights granted to Apple and its subsidiaries in Section 3.7 and to the Indemnified Parties and Released Parties throughout these Terms), no provision of these Terms is intended to confer any rights, benefits, or remedies upon any person or entity other than you and PixelArmour.

16.10 Voluntary Assumption of Risk; Covenant Not to Sue; General Release. You acknowledge that you are voluntarily assuming all risks associated with your use of the Services, including without limitation all risks described in Sections 9, 10, 11, 14, and 15. To the fullest extent permitted by applicable law, you hereby irrevocably release, waive, discharge, acquit, and covenant not to sue PixelArmour and the Released Parties from any and all claims, liabilities, damages, losses, costs, and expenses (known or unknown, suspected or unsuspected) arising out of or related to any of the issues addressed in these Terms. You expressly waive the protection of any statute or law (including, without limitation, California Civil Code § 1542 and any analogous laws in any jurisdiction) that would otherwise limit the effect of this general release to claims known or suspected at the time of execution.

16.11 Maximum Legal Protection. These Terms are intended to provide PixelArmour and the Released Parties with the broadest, most comprehensive, and maximum legal protections permissible under applicable law. If any provision is held unenforceable, it shall be reformed or construed to the maximum extent permitted to effectuate the original intent, and the remainder of these Terms shall continue in full force and effect. By accessing or using the Services, you acknowledge that you have read, understood, and voluntarily agreed to all provisions herein and that these protections are a material inducement for PixelArmour to offer the Services to you.

By using the Services, you acknowledge and agree that Section 16, together with all other provisions of these Terms, is intended to afford PixelArmour the fullest possible legal shield against any and all claims, liabilities, or disputes arising in any way from or related to the Services, and you expressly consent to the same.

17. AI TRANSFORMATIONS – NO GUARANTEES, REPRESENTATIONS, OR WARRANTIES

17.1 PixelArmour may, in its sole and absolute discretion, offer or make available certain artificial intelligence or machine-learning-powered features, tools, or functionalities (collectively, “AI Transformations”) that analyze, process, modify, enhance, transform, simulate, or generate new images, videos, visuals, avatars, progress simulations, body recomposition renderings, “before-and-after” depictions, fitness outcome projections, or any other derivative content based on any User Content, inputs, or data you provide or that is otherwise collected through the Services.

17.2 Explicit Non-Guarantee. You acknowledge and agree that AI Transformations are provided strictly for illustrative, hypothetical, entertainment, and demonstration purposes only. PixelArmour makes no guarantees, representations, warranties, or assurances of any kind (express, implied, statutory, or otherwise) that any AI Transformation will:

(a) accurately reflect, predict, or simulate your actual or future physical appearance, body composition, fitness results, health outcomes, or any other real-world result; (b) produce realistic, anatomically correct, or photographically accurate outputs; (c) achieve any specific fitness goal, weight loss, muscle gain, body transformation, or performance metric; (d) be consistent, repeatable, or reproducible across different uses, sessions, or users; (e) be free from artifacts, distortions, inaccuracies, hallucinations, biases, or unrealistic elements inherent in artificial intelligence systems; or (f) meet your expectations, requirements, or any subjective standard of quality, usefulness, or satisfaction.

17.3 Probabilistic Nature of AI. You expressly understand and accept that AI Transformations rely on probabilistic models, trained datasets, and algorithmic inference. Outputs are generated based on statistical patterns rather than deterministic or personalized medical, physiological, or scientific calculations. Results may vary widely from user to user, from input to input, and even from identical inputs processed at different times. PixelArmour does not represent or warrant that any AI Transformation will produce the same or similar results for any two users or on any two occasions.

17.4 No Reliance. You agree that you shall not, and have no right to, rely upon any AI Transformation as medical advice, fitness advice, diagnostic information, treatment recommendation, progress guarantee, or any form of professional guidance. Any reliance on AI Transformations is entirely at your own risk. PixelArmour expressly disclaims any and all liability for any decisions, actions, inactions, or outcomes (including without limitation physical training regimens, dietary changes, medical treatments, cosmetic procedures, or emotional or psychological responses) that you or any third party may undertake based on, or in reliance upon, any AI Transformation.

17.5 Additional Disclaimers. Without limiting the generality of Sections 9 (Disclaimer of Warranties and Limitation of Liability), 10 (Indemnification), 11 (Intellectual Property Rights), and 14 (Privacy Policy) of these Terms, PixelArmour and the Released Parties make no representations or warranties whatsoever regarding the accuracy, completeness, reliability, timeliness, safety, suitability, or fitness for any particular purpose of any AI Transformation. To the maximum extent permitted by applicable law, PixelArmour and the Released Parties shall have no liability whatsoever for any claims, damages, losses, liabilities, costs, or expenses (including without limitation emotional distress, body-image issues, self-esteem harm, disappointment, anxiety, depression, or any other psychological, physical, or economic harm) arising out of or in any way connected with any AI Transformation, including but not limited to the generation, display, sharing, or use of any AI-generated content.

17.6 User Acknowledgment and Release. By using any AI Transformation feature or viewing, downloading, sharing, or otherwise interacting with any AI-generated output, you irrevocably acknowledge that you fully understand the experimental, non-guaranteed, and illustrative nature of such outputs and voluntarily assume all risks associated therewith. You hereby release, waive, discharge, and forever hold harmless PixelArmour and the Released Parties from any and all claims, demands, actions, causes of action, damages, liabilities, losses, costs, and expenses (whether known or unknown, suspected or unsuspected) arising out of or related to any AI Transformation. You expressly waive any and all protections under any statute, common law, or legal doctrine (including, without limitation, California Civil Code § 1542 and any analogous provisions in any jurisdiction) that would otherwise limit the scope or effect of this release.

17.7 Indemnification Specific to AI Transformations. In addition to the general indemnification obligations set forth in Section 10, you agree to indemnify, defend, and hold harmless the Indemnified Parties from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to (i) your use of, reliance on, or sharing of any AI Transformation, (ii) any third-party claims based on any AI-generated content derived from your User Content, or (iii) any breach of your representations or obligations under this Section 17.

17.8 Modification and Discontinuation. PixelArmour reserves the sole and absolute right, at any time and without notice or liability, to modify, suspend, limit, or permanently discontinue any or all AI Transformation features, algorithms, or outputs for any reason whatsoever.

17.9 Survival. This Section 17 shall survive any termination or suspension of your account, subscription, or these Terms of Service.

By accessing or using any AI Transformation feature, you acknowledge and agree that this Section 17 is intended to provide PixelArmour and the Released Parties with the broadest, most comprehensive, and maximum legal protections permissible under applicable law regarding the inherently uncertain and non-guaranteed nature of artificial intelligence outputs. You further acknowledge that these protections are a material inducement for PixelArmour to make AI Transformation features available to you.