Terms and Conditions

The Pixelbrain service is provided by:

Hereinafter referred to as the „poskytovatel". The person or company using the service is hereinafter the "customer".

These terms and conditions govern the use of the Pixelbrain application — a cloud-based business system available at app.pixelbrain.ai — and, together with the order and the Privacy Policy form a contract between the provider and the customer. By registering an account or using the service, the customer agrees to these terms.

The service is intended for businesses and organisations. It is not a service intended for consumers.

The contract is formed upon the customer's registration and its confirmation by the provider, or by signing a separate order. The customer is responsible for the accuracy of the data provided during registration.

The customer is responsible for protecting their login credentials and for all activity conducted under their account, including the activity of users they add to their workspace. The customer is obliged to report any suspected misuse of the account without delay.

The scope of features and limits depends on the selected plan according to the current pricing or according to an individual order. The provider continuously develops the service — they may add, change, or discontinue features that are not being used. The customer will be informed in advance of any significant changes that worsen the agreed scope.

Prices are governed by the price list valid on the day of the order or by an individual order. Unless agreed otherwise, the service is billed in advance for the billing period (month or year, according to the customer's choice).

Invoices are issued electronically. In case of late payment, the provider is entitled, after prior notice, to restrict or suspend access to the serviceuntil the outstanding amount is paid. Suspension does not relieve the customer of the obligation to pay the agreed price.

Any price change will apply to the customer from the following billing period and will be announced in advance.

All data, texts, media, and records that the customer uploads to the service or that flow into it from their connected accounts (hereinafter "customer content"), remain their property.

The customer grants the provider only a limited right to process, store, and display the content to the extent necessary for the operation of the service, its security, and the provision of support. The provider does not use the customer's content for its own purposes, does not pass it on to other customers, nor does it use it to train AI models.

The customer is responsible for ensuring they have the necessary rights to the content and that its publication does not violate the rights of third parties or legal regulations.

The service allows the connection of third-party accounts (Facebook, Instagram, Threads, LinkedIn, X, Pinterest, Google, Meta Ads, Google Ads, Sklik, and others) and their management from one place. The connection is made exclusively at the customer's instruction via the official OAuth login of the respective platform.

The customer acknowledges that:

• the use of connected platforms is governed also by the terms of those platforms and is obliged to comply with them,
• platformy mohou may change or restrict their APIs without prior notice, tighten limits, reject a publication, or block an account,
• poskytovatel is not responsible for the availability, behaviour, or decisions of these platforms, nor for the content that the customer publishes on them,
• publication occurs only at the customer's instruction or according to rules and a schedule that the customer sets themselves.

If a platform restricts or terminates access to its API, this may limit the corresponding function of the service. Such a situation is not a defect in performance on the part of the provider.

The customer undertakes not to use the service to:

• send unsolicited commercial communications (spam) or messages without the necessary consent,
• publish illegal, deceptive, hateful, or third-party rights-infringing content,
• circumvent limits, protective measures, or rules of connected platforms,
• obtain data in a manner prohibited by the platforms, or use it for profiling individuals without a legal basis,
• disrupt the operation and security of the service or attempt to gain unauthorised access to the data of other customers,
• resell the service without a written agreement with the provider.

In the event of a material breach of these rules, the provider may restrict or cancel the account, even without a notice period, if there is a risk of damage or violation of legal regulations.

The service includes features that use AI (such as suggestions for post texts, analyses, or recommendations). The outputs of the AI are a suggestion, not a guarantee — they may be inaccurate or unsuitable for the given context.

The customer is obliged to check the outputs before use and is responsible for the content they publish or the decisions they make based on them. The provider is not liable for business decisions made based on AI outputs.

The provider makes reasonable efforts to ensure the service is available continuously. However, it does not guarantee uninterrupted operation — there may be planned maintenance, updates, or outages caused by third parties (hosting, connected platforms, connectivity).

The provider announces planned maintenance with an impact on availability in advance, where circumstances permit. An individual service level agreement (SLA) can be arranged separately.

The provider applies appropriate technical and organisational measures — encryption of sensitive data including access tokens, access control, isolation of individual customer data (multi-tenancy), and encrypted transmission. Data is backed up.

The customer is advised to keep their own copies of essential data, especially before the termination of the contract.

The processing of personal data is described in the Privacy Policy.

For data that the customer uploads to the service or that flows into it from their connected accounts —especially for contacts from ad forms, comments, and messages from third parties — is the customer is the controller and the provider is the processor within the meaning of Art. 28 GDPR. The customer is responsible for the legal basis for processing this data and for handling the rights of the data subjects; the provider will provide reasonable assistance in this regard. A separate data processing agreement can be concluded upon request.

Both parties undertake to maintain the confidentiality of the other party's confidential information learned in connection with the contract and not to use it for any other purpose. This obligation continues even after the termination of the contract.

The provider is liable for damage caused by a culpable breach of its obligations. It is not liable for lost profits, loss of business opportunity, indirect or consequential damages, nor for damage arising as a result of the actions of connected platforms, incorrect use of the service by the customer, or content published by the customer.

The provider's total liability is limited to the amount of the price paid by the customer for the service for the 12 months preceding the occurrence of the damage. This limitation does not apply to damage caused intentionally or by gross negligence, and in cases where the law does not permit it.

This limitation in no way reduces the customer's obligation to pay the price for the service according to section 5.

The contract is concluded for an indefinite period, unless stated otherwise in the order.

Termination by the customer. The customer may terminate the contract at any time, effective at the end of the current billing period.

Termination by the provider. For paid subscriptions, the provider may terminate the contract without giving a reason only with effect at the end of the current billing period and with written notice of at least 30 days in advance. The prepaid period will thus always run its course. The provider may terminate free and trial accounts without giving a reason with notice 30 days in advance.

Termination for breach. In the event of a material breach of these terms — particularly under section 8 or in case of late payment — the provider may terminate the contract with immediate effect. This does not extinguish the customer's obligation to pay any outstanding price.

Upon termination of the contract, the customer's access to the service is terminated. The customer's data remains available for export for a further 30 days, after which the provider deletes it in accordance with the Privacy Policy. Payments made for a period already provided are non-refundable.

The provider may change these terms, particularly in connection with the development of the service or changes in legislation. The provider will inform the customer of the change at least 30 days in advance by email or in the application. If the customer does not agree with the change, they may terminate the contract before it takes effect.

Neither party is liable for failure to perform its obligations due to circumstances beyond its reasonable control — such as a major infrastructure outage, a cyber attack, intervention by public authorities, or a change in the terms of connected platforms.

The contractual relationship is governed by the law of the Czech Republic, in particular Act No. 89/2012 Coll., the Civil Code. The parties will first attempt to resolve disputes amicably. If no agreement is reached, the courts of the Czech Republic, according to the provider's registered office, are competent to decide.

If any provision of these terms is invalid or ineffective, this does not affect the validity of the other provisions. The customer may not transfer the rights and obligations from the contract to a third party without the provider's consent.

These terms and conditions become effective on the date indicated by the last update date.

For questions about these terms or the contract, please contact us at friends@pixelbrain.ai.