Last Updated: January 25, 2025
By accessing or using Budget Pixel's website and services (the "Service"), you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our Service.
The Service is owned and operated by Budget Pixel ("we," "us," or "our"). These terms constitute a legally binding agreement between you and Budget Pixel regarding your use of the Service.
We reserve the right to modify these Terms of Service at any time. We will provide notice of significant changes by posting the updated terms on our website and updating the "Last Updated" date. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms of Service.
To access certain features of the Service, you may need to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.
Some features of our Service require a paid subscription. By subscribing to a paid plan, you agree to pay the fees indicated for your selected plan. All payments are processed through our third-party payment processors.
Unless otherwise stated, subscriptions will automatically renew for the same term at the then-current rate unless you cancel before the renewal date. You can cancel your subscription at any time through your account settings or by contacting our support team.
We reserve the right to change our subscription fees at any time. If we change pricing, we will provide notice of the change on our website or by email at least 30 days before the change takes effect.
When using our Service, you agree not to:
We reserve the right to monitor content generated through our Service and to remove any content or terminate access to the Service for users who violate these guidelines at our sole discretion. Content that violates these terms may be subject to automatic removal by our content moderation systems.
You must be at least 18 years old to access content at "Mature" (Level 2) or "Adult" (Level 3) safety levels. By selecting these safety levels, you represent and warrant that you are at least 18 years of age and that you consent to viewing mature or adult content that may include nudity, sexual themes, or other mature subject matter.
Budget Pixel operates a four-tier content safety system designed to provide age-appropriate content filtering:
Regardless of safety level, the following content is strictly prohibited across all tiers:
You are responsible for selecting an appropriate safety level for your account and ensuring compliance with applicable laws in your jurisdiction. You may adjust your safety level at any time through your account settings. Some safety levels may require subscription benefits or additional verification.
All content generated through our Service is subject to automated safety classification using AI-powered moderation systems. Content that cannot be classified or that fails safety checks will be excluded from public galleries. Users may request reevaluation of content classification through our community moderation tools.
Budget Pixel maintains strict policies to prevent abuse of the Service, particularly regarding free tier benefits and promotional credits. Users are prohibited from engaging in any conduct designed to circumvent service limitations or obtain unauthorized benefits.
Each individual user is permitted to maintain only one (1) account on the Service. The creation, operation, or maintenance of multiple accounts by the same individual, household, or entity for the purpose of circumventing free tier limitations, promotional benefits, credit allocations, or any other service restrictions is strictly prohibited and constitutes a material breach of these Terms.
Budget Pixel employs various technical and analytical methods to detect potential violations of these restrictions, including but not limited to monitoring of IP addresses, device fingerprints, payment methods, usage patterns, and other identifying information. Upon detection of suspected violations, Budget Pixel reserves the right to investigate and take appropriate enforcement action.
In the event that Budget Pixel determines, in its sole discretion, that a user has violated the multiple account restrictions or engaged in other abuse of the Service, Budget Pixel may, without prior notice:
Users acknowledge and agree that restrictions imposed on any account may be applied to all accounts associated with the same individual, household, or entity. The suspension or termination of one account may result in the automatic suspension or termination of all related accounts, regardless of when such accounts were created or their individual compliance history.
Users are expressly prohibited from attempting to circumvent any account restrictions, suspensions, or terminations through the creation of new accounts, use of different devices, modification of identifying information, or any other means. Any such attempts will be considered a material breach of these Terms and may result in permanent exclusion from the Service.
Enforcement actions taken under this section are final and binding. Budget Pixel is not obligated to provide advance warning, grace periods, or appeal processes for violations of these restrictions. Users acknowledge that any losses resulting from account restrictions or terminations, including but not limited to loss of generated content, credits, or account data, are solely the responsibility of the violating user.
All content, features, and functionality of our Service, including but not limited to the design, software, text, graphics, logos, icons, and images, are owned by Budget Pixel or our licensors and are protected by copyright, trademark, and other intellectual property laws.
When you create images using our Service, you are granted a license to use those images subject to the terms of your subscription plan:
By using our Service, you acknowledge that:
You retain all rights to the text prompts you submit. By submitting prompts, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display the prompts for the purpose of operating and improving our Service.
Images generated by our Service in response to your prompts may be displayed in our community gallery.
We utilize advanced AI-powered content moderation systems to automatically classify and filter content based on safety levels. These systems analyze generated images for NSFW content, inappropriate material, and policy violations. Content that cannot be classified or fails safety checks may be excluded from public galleries or require manual review.
Users may request reevaluation of content safety classifications through our community moderation tools. We encourage users to report content that violates our policies and provide feedback on content classification. Our moderation team reviews reported content and may take appropriate action including content removal, reclassification, or account restrictions.
If you believe your content has been incorrectly classified or removed, you may submit an appeal through our support channels. We will review appeals in good faith and may restore content that was incorrectly actioned. Repeated frivolous appeals may result in account restrictions.
We reserve the right to modify our content moderation policies at any time to comply with legal requirements and maintain a safe environment. Content moderation decisions are made at our sole discretion, and we may remove content, restrict accounts, or take other appropriate action for policy violations.
NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS, BUDGET PIXEL HEREBY RESERVES THE EXCLUSIVE AND UNILATERAL RIGHT, AT ITS SOLE DISCRETION, TO MODIFY, ALTER, OR OTHERWISE AMEND ITS DATA AND CONTENT RETENTION POLICIES AT ANY TIME, WITH OR WITHOUT PRIOR NOTICE TO USERS.
Budget Pixel may, at its sole and absolute discretion, remove, delete, or otherwise dispose of any images, prompts, or other content generated through the Service, regardless of the subscription plan under which such content was created. Such removal may occur for any reason, including but not limited to: (i) compliance with applicable laws and regulations; (ii) enforcement of these Terms; (iii) responses to claims of third-party rights violations; (iv) technical necessities; (v) dormant account maintenance; (vi) storage capacity optimization; or (vii) any other business or operational requirements as determined by Budget Pixel in its sole judgment.
The retention period of the gallery images and videos is determined by the platform. The user can download the images or videos at their convenience. The retention of the images and videos is not guaranteed. Budget Pixel reserves the right to remove gallery content at any time for any reason without prior notice.
The retention period of user-trained models is determined by the platform. User-trained models may stop being supported by the platform when the platform upgrades its underlying models or technology. Budget Pixel makes no guarantees regarding the long-term availability of any user-trained models and reserves the right to remove or discontinue support for such models at any time without prior notice.
Users are hereby advised and acknowledge that Budget Pixel shall not be obligated to maintain or store any user-generated content for any specific duration of time. While Budget Pixel may ordinarily retain user-generated content for the periods specified in its Privacy Policy, such retention periods are not guaranteed and may be subject to change without notice. Budget Pixel shall bear no liability whatsoever for any loss, damage, or inconvenience that may result from the removal, deletion, or non-retention of any content.
USERS ARE SOLELY RESPONSIBLE FOR MAINTAINING INDEPENDENT BACKUPS OF ANY IMAGES OR OTHER CONTENT GENERATED THROUGH THE SERVICE THAT USERS WISH TO PRESERVE. Budget Pixel expressly disclaims any responsibility to serve as a long-term repository or storage service for user-generated content.
Budget Pixel plans to implement the Content Provenance and Authenticity (C2PA) standard in the future, an open technical standard designed to provide verifiable information about the origin and history of digital content. Budget Pixel reserves the right to implement C2PA or similar content authentication technologies at any time without prior notice. BY USING THE SERVICE, YOU ACKNOWLEDGE AND AGREE TO THE FOLLOWING TERMS REGARDING PLANNED AND FUTURE CONTENT AUTHENTICATION IMPLEMENTATION:
Images generated through the Service may, at Budget Pixel's sole discretion and at any point in the future, contain metadata, watermarks, or other identifiers that identify such images as having been generated by artificial intelligence using Budget Pixel's Service. Such authentication markers may include, but are not limited to: (i) the date and time of generation; (ii) the fact that the content was AI-generated; (iii) a unique identifier for the generation; (iv) the version of the AI model used; (v) visual watermarks; and/or (vi) other technical information about the generation process.
Users hereby acknowledge and agree that:
Users are hereby advised that laws and regulations regarding the disclosure of AI-generated content vary by jurisdiction and are evolving rapidly. The presence or absence of any content authentication in generated images does not, in and of itself, guarantee compliance with all applicable requirements for disclosure or labeling of AI-generated content. Users remain solely responsible for determining and complying with any legal obligations associated with their use of AI-generated content, which may include additional disclosures beyond what is or may be provided by any content authentication technology implemented by Budget Pixel.
In addition to the general indemnification provisions in these Terms, users specifically agree to indemnify, defend, and hold harmless Budget Pixel from any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or relating to: (i) the user's removal, alteration, or manipulation of any content authentication markers, metadata, or watermarks; (ii) the user's failure to provide adequate disclosure of AI-generated content as required by applicable laws or regulations; (iii) any alleged misrepresentation regarding the nature or origin of content due to the absence, modification, or failure of content authentication; or (iv) any claim related to Budget Pixel's implementation, non-implementation, or method of implementation of any content authentication technology.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY CONTENT GENERATED WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
BUDGET PIXEL EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY RELATED TO FEATURES IDENTIFIED AS "COMING SOON," "PLANNED," "IN DEVELOPMENT," OR SIMILAR DESIGNATIONS. ANY SUCH FEATURES ARE DESCRIBED FOR INFORMATIONAL PURPOSES ONLY, AND BUDGET PIXEL MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING: (i) WHETHER SUCH FEATURES WILL ULTIMATELY BE DEVELOPED OR RELEASED; (ii) THE SPECIFICATIONS OR FUNCTIONALITY OF SUCH FEATURES IF RELEASED; (iii) THE TIMING OF AVAILABILITY OF SUCH FEATURES; OR (iv) WHETHER SUCH FEATURES WILL BE MADE AVAILABLE AT NO ADDITIONAL COST OR AS PART OF EXISTING SUBSCRIPTION PLANS. USERS SHOULD NOT MAKE PURCHASING OR USAGE DECISIONS BASED SOLELY ON THE EXPECTATION OF SUCH UNRELEASED FEATURES.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BUDGET PIXEL, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICE.
OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US FOR THE SERVICE DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
You agree to indemnify, defend, and hold harmless Budget Pixel and its officers, directors, employees, agents, and affiliates from and against any claims, disputes, demands, liabilities, damages, losses, and expenses, including reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Service, your violation of these Terms, or your violation of any third-party rights.
These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any legal action or proceeding relating to your access to or use of the Service shall be instituted exclusively in the federal or state courts located in San Francisco County, California.
We reserve the right to terminate or suspend your account and access to the Service at our sole discretion, without notice, for conduct that we believe violates these Terms or is harmful to other users of the Service, us, or third parties, or for any other reason.
Upon termination, your right to use the Service will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
These Terms constitute the entire agreement between you and Budget Pixel regarding the Service and supersede all prior agreements and understandings.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
If you have any questions about these Terms, please contact us at:
Email: terms@budgetpixel.com