Intellectual Property & Content Rights
A. User Content Representations
By uploading, submitting, or transmitting any images, videos, audio, or other data ("User Content") to Paypixl, Inc. (DBA Stormview), you represent and warrant that:
- You are the sole and exclusive owner of the User Content or you have all necessary rights, licenses, consents, and releases to grant Paypixl, Inc. the rights to such User Content as set forth in these Terms.
- The User Content does not infringe, misappropriate, or violate a third party's patent, copyright, trademark, trade secret, moral rights, or other proprietary or intellectual property rights, or rights of publicity or privacy.
- The User Content does not contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
B. License Grant to Paypixl
While you retain ownership of your original User Content, you hereby grant to Paypixl, Inc. (and its successors, assigns, and affiliates) a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, fully-paid, transferable, and sub-licensable license to:
- Use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and display your User Content.
- Process, analyze, and tag your User Content for the purpose of data extraction and analytics.
- Commercialize, resell, lease, and license the User Content and any data derived therefrom to third parties, subject to the restrictions in Section 1(E) below.
C. AI and Machine Learning Usage
You explicitly acknowledge and agree that Paypixl, Inc. utilizes User Content to train, validate, test, and improve its proprietary Artificial Intelligence (AI) and Machine Learning (ML) models, algorithms, and neural networks. You grant Paypixl, Inc. the right to use your User Content as training sets for these technologies. You understand that once User Content has been ingested into our AI/ML models, it may not be possible to isolate or remove it, and the resulting AI models are the sole property of Paypixl, Inc.
D. Ownership of Derived Data
Paypixl, Inc. shall own all right, title, and interest in and to any data, statistics, trends, models, insights, or other information derived, extracted, or generated from the User Content ("Derived Data"). For the avoidance of doubt, while you may retain rights to the original image file you uploaded, Paypixl, Inc. owns the AI models and analytical datasets created using that image.
E. Restriction on Resale to Competitors
Paypixl, Inc. agrees that it shall not knowingly resell, license, or provide your specific raw User Content to any entity that is a direct commercial competitor of Paypixl, Inc. operating in our primary markets.
Indemnification
You agree to defend, indemnify, and hold harmless Paypixl, Inc. (DBA Stormview), its parent, subsidiaries, affiliates, and their respective officers, directors, employees, agents, successors, and assigns from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
- Your Violation of these Terms: Any breach of this Agreement.
- Your User Content: Any claim that the User Content you uploaded infringes intellectual property rights or privacy rights of a third party.
- Your Violation of Law: Your violation of any applicable domestic or international law (including drone/UAV flight regulations).
Disclaimer of Warranties & Limitation of Liability
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, PAYPIXL, INC. DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
AI DISCLAIMER: YOU ACKNOWLEDGE THAT AI SYSTEMS ARE PROBABILISTIC AND MAY PRODUCE ERRORS. PAYPIXL, INC. DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM THE AI MODELS WILL BE ACCURATE.
LIABILITY CAP: IN NO EVENT SHALL PAYPIXL, INC. BE LIABLE FOR INDIRECT DAMAGES OR FOR ANY AGGREGATE LIABILITY EXCEEDING THE GREATER OF: (A) THE AMOUNT YOU PAID TO US IN THE SIX (6) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).
Governing Law, Arbitration, and Class Action Waiver
A. Governing Law
These Terms are governed by the internal laws of the State of Florida. Any legal suit not subject to arbitration shall be instituted exclusively in the federal or state courts located in Hillsborough County, Florida.
B. Binding Arbitration
All claims arising out of these Terms shall be settled by binding arbitration administered by the American Arbitration Association (AAA). The arbitration shall be held in Hillsborough County, Florida.
C. Class Action Waiver
YOU AND PAYPIXL, INC. AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
DMCA Copyright Policy
If you believe your copyright has been infringed, please notify our Designated Copyright Agent.
To file a notice, you must provide:
- Identification of the Copyrighted Work.
- Identification of the Infringing Material and its location.
- Your contact information.
- A Good Faith Statement and Accuracy Statement.
- Your Signature.
Designated Copyright Agent Contact
Paypixl, Inc. (DBA Stormview)
Attn: Copyright Agent
801 Whiting Street
Tampa, FL 33602