Terms and Conditions of Use

1. Acceptance of the terms

These Terms and Conditions (the "Terms") constitute a legally binding agreement between you (the natural or legal person who creates an account or uses the platform, hereinafter "the User", "you" or "the customer") and Pixobra. Using the platform, creating a page, registering an account, or paying for any plan implies express, full and unconditional acceptance of these Terms, as well as any additional policy published by Pixobra (including, without limitation, privacy, acceptable use or billing policies).

If you accept these Terms on behalf of a company, business or entity, you represent that you have sufficient authority to bind that entity, and references to "you" shall be understood as referring to that entity.

2. Description of the service

Pixobra is a platform that allows food and other business types to create their own website, a digital menu, receive online orders, manage staff (waiter, cashier, kitchen, delivery), use goal-tracking, savings and marketing tools, and an artificial-intelligence assistant ("Pixo"), among other features that vary depending on the contracted plan (Free, Pro or Premium).

Pixobra acts exclusively as a technology infrastructure provider (hosting, admin panel, management tools). Pixobra is not a party to the commercial transactions that occur between the User and its own end customers: it does not sell, prepare, deliver or guarantee the products or services the User offers through its page.

Pixobra reserves the right to modify, add, limit or discontinue any platform feature at any time, with or without prior notice, without this generating any right to compensation in favor of the User, except as expressly stated in the payments section.

3. Accounts, eligibility and accuracy of data

To use Pixobra you must be at least 18 years old, or the legal age of majority in your country of residence, and have legal capacity to enter into contracts. When registering, you agree to provide truthful, complete and up-to-date information (name, email, WhatsApp number, business name and other requested data) and to keep it current.

• You are solely responsible for keeping your password confidential and for all activity that occurs on your account.
• You must notify Pixobra immediately of any unauthorized use of your account or any other security breach.
• Pixobra is not responsible for losses arising from unauthorized use of your account when such use results from the User's negligence in safeguarding its credentials.
• Each person or business may hold only one account as the account holder, unless expressly authorized otherwise by Pixobra.

4. Plans, prices and payments

Pixobra offers the Free, Pro and Premium plans, whose features, prices and conditions are published at pixobra.com and may be modified by Pixobra at any time going forward (price changes do not affect payments already made).

Payments for the Pro and Premium plans, as well as for a custom domain when applicable, are made via USDT on the TRC20 (Tron) network to the wallet address Pixobra indicates at any given time. The User acknowledges and accepts that:

• Cryptocurrency transactions are irreversible by nature. Pixobra does not process refunds for correctly sent payments, for errors made by the User when sending the amount (for example, an amount different from the one indicated, a network other than TRC20, or an incorrect address), nor for delays inherent to the blockchain network that are beyond Pixobra's control.
• Payments must be sent for the exact amount shown in the panel, including decimals — this mechanism is what allows each payment to be automatically matched to the corresponding request. Pixobra is not responsible if a payment cannot be identified because it did not match the exact amount.
• Plan activation and, when applicable, account creation, are conditioned on the payment being confirmed on the network — Pixobra does not guarantee exact confirmation times, which depend on the blockchain network.
• Unless applicable law states otherwise, subscription payments (monthly or yearly) and Pixo packs are non-refundable once the payment is confirmed and the service is activated, even if the User decides to stop using the platform before the paid period ends.
• An unpaid Pro/Premium plan (overdue monthly fee) may be automatically downgraded to a plan with fewer features after the grace period Pixobra determines, without this constituting a breach by Pixobra.
• Advertising on Free accounts. By using the Free plan, the User authorizes Pixobra to display advertising on its public page, including ads from Pixobra and promotions of third-party businesses. Pixobra only shows promotions from businesses in a different category (niche) than the User's, so as not to promote its direct competitors. The User does not receive any compensation for these ads and may remove them at any time by upgrading to a paid plan (Pro or Premium). Pixobra is not responsible for the products or services offered by third-party advertisers.

Pixobra may offer, at its sole discretion, other payment methods or promotions, without this generating any vested rights for the User with respect to future conditions.

5. Custom domain (.com)

The Pro and Premium plans allow the purchase of a custom domain (.com) for an additional cost (included in Premium). The User acknowledges that:

• Domain availability is checked against the relevant public registries at the time of the query and may change; Pixobra does not guarantee the availability of a name until registration is effectively completed.
• Domain registration may require a verification process and manual coordination with Pixobra's support team (including contact via WhatsApp), and may take a reasonable amount of time to complete after payment is confirmed.
• The domain is registered, when applicable, with WHOIS privacy protection enabled by default, subject to the policies of the registrar used by Pixobra.
• Pixobra acts as an intermediary/manager of the registration; the terms of the corresponding domain registrar also apply. Pixobra is not responsible for decisions, policies or interruptions attributable to the registrar or to the entities administering the TLDs (top-level domains).
• The cost of the domain is non-refundable once the registration process has started.

6. Responsibility for your page and your business

The User is the sole and exclusive party responsible for the content, design, products, prices, promotions, information and any other element it publishes on its page, as well as for the operation of its business. This includes, without limitation:

• The legality, truthfulness and accuracy of the published information (menu, prices, hours, promotions, texts, images).
• Compliance with health, tax, labor, consumer-protection and any other regulations applicable to its commercial activity in its jurisdiction.
• Obtaining the permits, licenses and registrations necessary to operate its business and to sell the products or services it offers.
• The quality, preparation, delivery and warranty of the products or services sold through its page.
• Managing its work team (waiters, cashiers, kitchen staff, delivery drivers) and complying with applicable labor regulations.
• The correct and lawful handling of its own customers' data.
• Holding sufficient rights over any third-party logo, image, text or content it uploads to its page.

Pixobra provides the technology tool; how each User uses that tool, and the management of its own business, are entirely its own responsibility. Pixobra does not review, approve or guarantee the content published by each User, without prejudice to the power to act described in sections 7 through 10 when it detects breaches.

7. Prohibited uses

It is strictly prohibited to use Pixobra to, among others:

• Sell or promote illegal, stolen, counterfeit products or services, controlled products without due authorization, or products whose sale is prohibited or restricted by law.
• Publish fraudulent, misleading, defamatory, discriminatory content, content that incites hatred or violence, or that infringes the rights of third parties (including intellectual property).
• Impersonate another person, business or brand, or create a page for phishing or scam purposes.
• Attempt to breach, overload, scan, access without authorization or interfere with Pixobra's or third parties' systems, servers or infrastructure (including denial-of-service attacks, code injection, unauthorized mass scraping, or any attempt to exploit vulnerabilities).
• Use the platform to send spam, malware, or any malicious code.
• Use Pixobra's resources (hosting, AI, message sending) abusively or for purposes other than the legitimate operation of a business.
• Resell, sublicense or commercially exploit the Pixobra platform without express written authorization.
• Reverse-engineer the platform's software.

The above list is illustrative, not exhaustive. Pixobra may, in its reasonable judgment, classify other conduct as prohibited uses when it is contrary to the spirit of these Terms, applicable law, or puts Pixobra, other Users or third parties at risk.

8. Suspension and closure of accounts

Pixobra reserves the right to suspend, limit or close, temporarily or permanently, any account — regardless of whether it is a Free, Pro or Premium plan — with or without prior notice, when, in its reasonable judgment, there are indications of:

• Breach of these Terms, including the prohibited uses described in section 7.
• Fraudulent or illegal activity, or activity that may create legal liability for Pixobra.
• Risk to the security, stability or reputation of the platform, of other Users, or of third parties.
• Failure to pay the monthly fees corresponding to the contracted plan.
• Use of false or incomplete data, or data Pixobra cannot verify when verification is reasonably required.
• A request from a competent authority, a court order, or a valid legal requirement.
• Prolonged account inactivity, under the terms Pixobra determines.

This power to suspend or close applies equally to Free, Pro and Premium accounts, and paying for a higher-tier plan does not grant immunity from these grounds. In case of closure due to a breach attributable to the User, amounts already paid will not be refunded (see section 4).

When circumstances reasonably allow it, Pixobra will try to notify the User of the reason for the suspension or closure; however, in cases of security risk, fraud or a legal requirement, Pixobra may act immediately without prior notice.

9. Identity verification and documentation

Pixobra may, at any time and at its discretion, request additional documentation from the User to prove its identity, ownership of the business, the legality of the products or services offered, or any other information reasonably necessary to verify compliance with these Terms or applicable law. This includes, without limitation, identity documents, business registrations, health permits or proof of payment.

Unjustified refusal to provide the requested documentation within a reasonable period may lead to suspension or closure of the account, in accordance with section 8. Likewise, Pixobra may share the User's information or documentation with competent authorities when there is a legal obligation to do so, or when it is reasonably necessary to protect the rights, security or property of Pixobra, other Users, or third parties.

10. Security, monitoring and suspicious activity

Pixobra may implement automated and manual monitoring mechanisms to protect the integrity of its infrastructure and of its Users. In particular, Pixobra reserves the right to take the measures it deems necessary — including suspending the service, blocking traffic, restricting features or reporting to the competent authorities — when it detects, among others:

• That a page or account is being used to attack, compromise or affect Pixobra's or third parties' systems (for example, sending massive malicious traffic, intrusion attempts, malware distribution).
• Anomalous traffic or behavior suggesting resource abuse, unauthorized automated activity (bots), or attempts to exploit vulnerabilities.
• Suspicious outbound activity from an account toward external systems (for example, indications that the account is part of a compromised network, or is being used as a bridge to affect third parties).
• Reasonable indications of fraudulent activity, money laundering, financing of illegal activities, or any other crime.

These measures may be applied preventively and immediately when urgency warrants it, without this generating liability for Pixobra toward the User, without prejudice to the User's right to request a subsequent review of the case through the contact channel indicated in section 22.

11. Intellectual property

The software, design, brand, logos, source code, and other elements of the Pixobra platform are the exclusive property of Pixobra or its licensors, and are protected by applicable intellectual property laws. These Terms do not transfer any ownership rights over the platform to the User; only a limited, non-exclusive, non-transferable and revocable license to use the platform according to its contracted plan is granted.

The User retains ownership of its own content uploaded to its page (logo, product photos, text, business name). By uploading such content, the User grants Pixobra a limited license to store, process and display it to the extent strictly necessary to provide the service (for example, to show its public page, generate its digital menu, or process such content with the assistance of artificial intelligence when the User uses it).

12. Third-party services

Pixobra integrates or may integrate with third-party services, including, without limitation: WhatsApp (for orders and support), blockchain networks (for USDT/TRC20 payments), email providers, artificial intelligence providers, and domain registrars. Pixobra does not control and is not responsible for the availability, operation, policies, changes or interruptions of such third-party services, nor for the information they process under their own terms and policies.

13. Use of artificial intelligence (Pixo)

Pixo is an artificial-intelligence-based assistant that helps the User manage its page, draft content, suggest text or answer questions. The User acknowledges that responses or suggestions generated by artificial intelligence may contain inaccuracies, and that it is the User's sole responsibility to review and validate any content, calculation or suggestion before publishing it or acting on it. Pixobra does not guarantee the absolute accuracy of AI-generated responses.

AI providers. Pixo works with artificial-intelligence models from third-party providers. The User accepts that one of Pixo's engines may be Google Gemini (Google LLC), and that, in order to respond, the messages, voice notes, images and business data involved in each request (for example products, orders or the questions of the User's customers) are sent to that provider for processing, under its own terms and privacy policies. Pixobra may change or add AI providers at any time. The User must not enter into Pixo sensitive data that is not necessary for the request, and is responsible for informing its own customers that the store assistant uses artificial intelligence.

Use of Pixo is subject to the monthly quota of the contracted plan (messages in the panel and customers in the store). Any AI function of the panel counts toward that quota. When it runs out, Pixo is paused until the next month or until the User purchases additional packs.

Misuse of Pixo. Using Pixo to generate illegal, fraudulent, defamatory or harmful content, to harass or deceive third parties, to attempt to extract or manipulate other Users' or Pixobra's data or systems, or in any way that falls under the prohibited uses of section 7, is grounds for Pixobra to suspend or close the page — with or without prior notice, per section 8 — independently of whether the rest of the account is otherwise up to date.

14. Personal data and privacy

Pixobra collects and processes the personal data necessary to provide the service (name, email, phone/ WhatsApp number, business data, and, where applicable, payment or domain-registration data). Such data is used exclusively to operate the platform, communicate with the User, process payments, comply with legal obligations and improve the service.

Pixobra implements reasonable security measures to protect information, but cannot guarantee absolute security against unauthorized access arising from causes beyond its reasonable control. Pixobra does not sell Users' personal data to third parties. Data may be shared with providers strictly necessary to operate the service (for example, email servers) or when there is a legal obligation to do so, in accordance with section 9.

15. Disclaimer of warranties

The platform is provided "as is" and "as available", without warranties of any kind, express or implied, including — without limitation — warranties of merchantability, fitness for a particular purpose, error-free operation, uninterrupted availability, or that the service will meet the User's specific requirements. Pixobra does not guarantee that the platform will be free of failures, interruptions, or errors, nor that these will be corrected immediately.

16. Limitation of liability

To the maximum extent permitted by applicable law, Pixobra, its founders, employees, contributors or affiliates will not be liable for indirect, incidental, special, punitive or consequential damages (including loss of profits, loss of customers, loss of data, or business interruption) arising from the use or the inability to use the platform, even if advised of the possibility of such damages.

In any event, Pixobra's total and cumulative liability toward the User for any claim related to these Terms or to the service will be limited to the amount actually paid by the User to Pixobra during the three (3) months prior to the event giving rise to the claim.

17. Indemnification

The User agrees to indemnify, defend and hold Pixobra, its founders, employees and contributors harmless from any claim, lawsuit, loss, damage, fine or expense (including reasonable legal fees) arising from: (i) the User's use of the platform; (ii) content published on its page; (iii) breach of these Terms; (iv) violation of any law or third-party right; or (v) the operation of its business, including claims from its own customers.

18. Force majeure

Pixobra will not be liable for breaches or delays caused by circumstances beyond its reasonable control, including — without limitation — failures of internet or cloud infrastructure providers, blockchain network interruptions, natural disasters, government actions, conflicts, pandemics, third-party cyberattacks, or widespread failures of third-party services the platform depends on.

19. Changes to these terms

Pixobra may modify these Terms at any time. Changes will take effect upon publication on this same page, indicating the "last updated" date. Continued use of the platform after a change has been published constitutes acceptance of the modified Terms. When a change is substantial, Pixobra will try to inform Users by email or within the admin panel with reasonable advance notice.

20. Applicable law and jurisdiction

These Terms are governed by and interpreted in accordance with the laws of the Bolivarian Republic of Venezuela, without prejudice to consumer-protection rules that, due to their public-order nature, may be applicable in the User's country of residence. For any dispute arising from these Terms that cannot be resolved amicably, the parties submit to the competent courts of Venezuela, waiving any other jurisdiction that might otherwise apply to them.

21. General provisions

• Severability: if any provision of these Terms is declared invalid or unenforceable, the remaining provisions will remain in full force and effect.
• Entire agreement: these Terms, together with the other referenced policies, constitute the entire agreement between the User and Pixobra regarding their subject matter, and supersede any prior understanding.
• No waiver: the fact that Pixobra does not exercise or does not demand strict compliance with any provision does not constitute a waiver of the right to demand it later.
• Assignment: the User may not assign its rights or obligations under these Terms without Pixobra's prior written authorization. Pixobra may assign this agreement in the context of a merger, acquisition or sale of assets.
• Independence of the parties: nothing in these Terms creates a partnership, agency, franchise, employment or joint-venture relationship between the User and Pixobra.

22. Contact

For questions about these Terms, requests related to your account, or to exercise any applicable right over your data, you can write to us at [email protected], by phone at +1 (307) 785-2727 (USA), or through the WhatsApp support available on the platform.