Pikshare Terms & Conditions of Use v0.2.2

Date of Last Revision: 13.July 2024

At Pikshare, our mission is to provide an exceptional user experience. We are dedicated to continuously enhancing our services and appreciate your engagement with our platform.

Definitions

  • "User Content": Any images, comments, or other content uploaded or posted by users.
  • "Services": All features, applications, and platforms provided by pikshare.
  • "Account": The user registration with pikshare that allows access to services.

Ownership and Scope

As of March 21, 2025, Pikshare is owned and operated by Kammann Schweter Kania GbR. These Terms of Use govern your access to and use of all Pikshare platforms, including official applications and services. If any part of these terms is found unenforceable under German law, the remainder will remain in effect.

Acceptance of Terms

The version of these Terms that is in effect when you register or use our services is binding. Any deviations from these terms require explicit written consent from Kammann Schweter Kania GbR. By registering with Pikshare, you fully accept these terms.

Notice

PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING PIKSHARE, OR BY CLICKING THAT YOU AGREE, YOU ARE BOUND BY THESE TERMS OF USE.

Your use of Pikshare is contingent upon your acceptance of these Terms of Use. If you do not agree, you are not permitted to use our services.

Services

Details of services and features available under various subscription plans, including limits on premium features like AI scoring and raw support, are provided during the subscription process.

General Terms

After registration, users can access Pikshare for free for 7 days. If no payment information is entered after this period, the account will be limited to viewing content only, with the ability to create new galleries or images blocked. Accounts without payment information and no subscription will be terminated after a one-month grace period. Downgrading from a paid tier to a free tier will retain account data for 30 days before termination. We reserve the right to limit our free services at any time.

Account Termination

Pikshare reserves the right to terminate accounts at its discretion. Upon termination, all galleries, images, and data associated with the account will be permanently deleted unless required by law. Termination ends the contract between the user and Pikshare. Users may be eligible for a partial refund if termination occurs before the end of a billing cycle, except in cases of gross negligence, which includes unfair use, exploiting loopholes or bugs, or violating the Terms of Use.

Intellectual Property and User Content

By uploading an image, other content, or making a comment, you affirm that you do not infringe upon anyone else's rights or cause harm to any person or entity. You also confirm that you have created the content yourself or have the necessary intellectual property rights to upload it in accordance with these terms.

When you upload or post any User Content to Pikshare, you grant Pikshare a perpetual, non-exclusive, royalty-free license to use your content as needed to provide our services and meet legal obligations, including responding to legal requests from governmental authorities. By storing content on Pikshare, you grant us the rights to process, duplicate, store, and make the content publicly accessible to provide our services, free of charge.

You retain all intellectual property rights to the User Content you post, upload, or make available through our services. We do not claim ownership of your User Content and do not control user-uploaded content, thus we do not accept liability for it.

Right of Withdrawal

You may revoke your contract and account in writing (letter or email) without providing reasons. This period begins after accepting these terms (after account creation). Send revocation requests to contact@Pikshare.net, contact@ksk-it.net, or by post to the address in our impressum.

Payment

Our services are offered based on the fees outlined in the price and services description. Continued use of Pikshare requires recurring payments. Users are responsible for ensuring they have sufficient funds to maintain the service. If a payment is missed due to the user's responsibility, Pikshare reserves the right to charge any additional costs incurred and may terminate the account and contract for non-payment.

User Duties

You must provide truthful information when creating or modifying an account. Users are prohibited from abusing our services, including, but not limited to, posting illegal, pornographic, offensive, or otherwise prohibited content. Prohibited content includes, but is not limited to, hate speech, violence, harassment, and fraudulent activities. We reserve the right to immediately delete such content and terminate the associated account and contract without notice.

Termination

Users may terminate the contract at any time, effective at the end of the current billing period. Unless otherwise specified, the contract will automatically renew for the original term. Cancellations can be processed through the customer portal, via email, or by post to the address provided in the impressum.

After canceling your subscription, your account will be downgraded to a free tier and will be automatically deleted after 30 days unless the subscription is renewed.

We reserve the right to terminate your account and this contract at our discretion without further notice.

Data Privacy

Pikshare uses servers in the Federal Republic of Germany for data storage and service providers within the United States for all AI features. We reserve the right to transfer data to these service providers to fulfill our services. Personal data is only transferred to third parties for payment providers, banks, and credit card providers as necessary for providing our services. After termination of this contract, personal data will be deleted unless legally required. In all cases, access to the data is blocked.

Newsletter

During the use of our services, the user may receive e-mails concerning information about further usage of our service or relevant e-mails to continue our contract. Additionally, we may send e-mails about possible expansion options and other information not necessary for providing our services. The user can opt out of receiving these e-mails at any time using the unsubscribe button in emails, in the account dashboard, or during registration.

Changes to These Terms

We reserve the right to make changes to these terms of use to adapt to changed legal regulations, introduce new services, or incorporate changes to our service. The user will be informed about changes to these terms via their email and a banner on login, and given the possibility to object. If the user objects to the changes, Pikshare reserves the right to terminate this contract and associated accounts.

Jurisdiction and Governing Law

These terms are governed by and construed in accordance with the laws of the Federal Republic of Germany. Any disputes arising out of or in connection with these terms shall be subject to the exclusive jurisdiction of the courts of Germany.

Limitation of Liability

Pikshare shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (i) your use or inability to use the services; (ii) any unauthorized access to or use of our services and/or any personal information stored therein; (iii) any interruption or cessation of transmission to or from our services; (iv) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our services by any third party; (v) any errors or omissions in any content; and/or (vi) any defamatory, offensive, or illegal conduct of any third party.

Indemnification

You agree to indemnify and hold harmless Pikshare, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the services, your violation of these terms, or your violation of any rights of another.

Modification of Services

Pikshare reserves the right to modify or discontinue, temporarily or permanently, the services (or any part thereof) with or without notice. You agree that Pikshare shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the services.

Force Majeure

Pikshare shall not be liable for any failure to perform its obligations under these terms if such failure results from circumstances beyond Pikshare's reasonable control, including but not limited to acts of God, war, natural disasters, strikes, pandemics, or government regulations.

Cookie Policy

Pikshare uses cookies and similar technologies to enhance your experience on our platform. Cookies are small text files stored on your device when you visit a website. We use cookies for various purposes, including:

  • Essential Cookies: These are necessary for the basic functioning of our website and cannot be disabled. They enable core functionalities such as security, network management, and accessibility.
  • Performance and Analytics Cookies: These cookies collect information about how users interact with our site, allowing us to improve its performance and your experience. The data collected is aggregated and anonymous.
  • Functionality Cookies: These cookies remember choices you make to improve your experience, such as your username, language, or the region you are in. They provide enhanced, more personal features.

You can control and manage cookies through your browser settings. However, disabling certain cookies may affect the functionality of our services. For detailed information about our use of cookies, please refer to our Cookie Policy, accessible from the footer of our website.

Final Words

Although we strive to make Pikshare as dependable as possible, Pikshare's services are provided on an "as is" basis. The use of our service is entirely at your own risk. We do not guarantee the availability of our service at any given time or the integrity of your files on our server. By using Pikshare, you acknowledge that you understand and accept these risks. We are committed to providing the best experience possible and continuously improving our services to meet your needs. Thank you for choosing Pikshare.

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