Last Updated: April 23, 2026
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.
All credits purchased or earned through subscriptions are non-refundable. Credits consumed for generating images, videos, or other content cannot be refunded, even if you are dissatisfied with the generated results.
Generated content quality and results vary significantly based on the model selected, prompts used, and random factors inherent in AI generation. Different models produce different results for the same prompt. We do not guarantee that generated content will meet your expectations or requirements, and dissatisfaction with generated results does not constitute grounds for refunds or credit reimbursement.
All sales are final. We do not offer refunds for subscription fees, credit purchases, or consumed credits except as required by applicable law.
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.
BudgetPixel 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.
BudgetPixel 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.
BudgetPixel 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 BudgetPixel 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. BudgetPixel 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.
BudgetPixel provides features for users to share content through social posts (feed) and blogs. By using these features, you agree to the following terms regarding user-generated content.
You represent and warrant that you own or have obtained all necessary rights, licenses, and permissions to post any content you share on the platform. You may not post content that:
In addition to the restrictions in Section 5 (Acceptable Use), the following content and activities are prohibited in social posts and blogs:
Blogs on BudgetPixel are intended for original, creative content. The following additional guidelines apply to blog posts:
By posting content on BudgetPixel (including social posts, blogs, comments, and any other user-generated content), you grant Budget Pixel a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your content in connection with:
This license continues even if you stop using the Service, but you may request removal of specific content by contacting our support team. Content that has already been used for training purposes or incorporated into promotional materials may not be removable.
You acknowledge that social posts and published blogs are public by default and may be viewed by anyone, including non-registered users and search engines. Content you post may be indexed by search engines, shared by other users, and embedded on third-party websites. You should not post any content that you wish to keep private.
BudgetPixel reserves the right to remove, disable, or restrict access to any user-generated content that violates these Terms, without prior notice. Violations may result in content removal, account warnings, temporary suspension, or permanent termination of your account. Repeated or severe violations may result in immediate account termination without warning.
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.
BudgetPixel 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 BudgetPixel 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.
BudgetPixel 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 BudgetPixel'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.
BudgetPixel is operated from the United States. By using the Service, you acknowledge that your personal data will be transferred to, stored, and processed in the United States (AWS US East 1 region) and potentially other countries where our service providers operate. These countries may have data protection laws that differ from those in your jurisdiction.
For users in the European Economic Area (EEA) and United Kingdom (UK), we implement appropriate safeguards for international data transfers, including Standard Contractual Clauses (SCCs) approved by the European Commission. Our sub-processors (including AWS, Stripe, and SendGrid) maintain their own data transfer mechanisms including SCCs and, where applicable, certification under the EU-US Data Privacy Framework.
If you are in the EEA, UK, or another jurisdiction with applicable data protection laws, you have specific rights regarding your personal data, including the rights of access, rectification, erasure, restriction, portability, and objection. These rights are described in detail in our Privacy Policy. To exercise any of these rights, contact us at support@budgetpixel.com.
We use cookies and tracking technologies on the Service. Non-essential cookies (analytics and marketing) are only activated after you provide consent through our cookie consent banner. You can change your preferences at any time. See our Privacy Policy for a full list of cookies and their purposes.
By using the Service, you acknowledge that anonymized prompts and generation metadata may be used to improve our AI models and service quality. This processing is based on our legitimate interest in improving the Service. You may object to this processing by contacting us, in which case we will cease using your data for improvement purposes while continuing to provide the Service.
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. The Federal Arbitration Act (9 U.S.C. §§ 1 et seq.) governs the interpretation and enforcement of the arbitration provisions in this Section 16.
Before initiating any formal dispute, you and Budget Pixel agree to first attempt to resolve the dispute in good faith by contacting support@budgetpixel.com with a written description of the dispute and the relief sought. The parties will confer in good faith for at least thirty (30) days before either party may commence arbitration or litigation. This informal-resolution step is a condition precedent to any formal dispute process.
IF INFORMAL RESOLUTION FAILS, YOU AND BUDGET PIXEL AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICE, OR ANY INTERACTION WITH BUDGET PIXEL OR ITS AI COMPANION (AVA) FEATURE WILL BE RESOLVED BY FINAL AND BINDING INDIVIDUAL ARBITRATION ADMINISTERED BY JAMS (OR, IF JAMS IS UNAVAILABLE, BY THE AMERICAN ARBITRATION ASSOCIATION) UNDER ITS THEN-APPLICABLE CONSUMER ARBITRATION RULES, RATHER THAN IN COURT. The arbitration will be conducted in English by a single arbitrator. The seat of arbitration will be San Francisco County, California, unless you and Budget Pixel agree otherwise, or unless the arbitrator determines that a different seat is required by applicable consumer-protection law. The arbitrator's award will be final, binding, and enforceable in any court of competent jurisdiction.
BY AGREEING TO ARBITRATION, YOU ARE GIVING UP YOUR RIGHT TO A JURY TRIAL AND YOUR RIGHT TO HAVE A COURT (OTHER THAN SMALL-CLAIMS COURT, WHERE APPLICABLE) RESOLVE YOUR DISPUTE. Unless you and Budget Pixel agree otherwise in writing, arbitration proceedings are confidential.
YOU AND BUDGET PIXEL EXPRESSLY AGREE THAT ANY PROCEEDINGS TO RESOLVE DISPUTES WILL BE CONDUCTED ON AN INDIVIDUAL BASIS ONLY AND NOT AS A CLASS ACTION, COLLECTIVE ACTION, CONSOLIDATED ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR REPRESENTATIVE PROCEEDING OF ANY KIND. The arbitrator may not consolidate more than one person's claims, may not preside over any form of a representative or class proceeding, and may not award class-wide relief. If this class-action waiver is found to be unenforceable as to a specific remedy sought, then that remedy (and only that remedy) must be brought in court, and all other claims remain subject to arbitration on an individual basis.
You may opt out of the arbitration agreement and class action waiver in Sections 16.3 and 16.4 by sending a written notice to support@budgetpixel.com with the subject line “Arbitration Opt-Out” within thirty (30) days of the later of (i) the date you first accept these Terms, or (ii) the date these arbitration provisions first became effective with respect to your account. Your notice must include your name, registered email, and a clear statement that you wish to opt out. If you opt out, Sections 16.3 and 16.4 will not apply to you, but all other provisions of these Terms remain in full force.
Either party may bring an individual action in a small-claims court in the county of the claimant's residence (or, where applicable, the place of business), provided the dispute qualifies for that court's jurisdiction and remains on an individual (non-class, non-representative) basis.
If any claim cannot be arbitrated under Section 16.3 (for example, because it is a claim for injunctive relief regarding intellectual property, or because a specific remedy is carved out above), that claim shall be instituted exclusively in the federal or state courts located in San Francisco County, California, and you consent to personal jurisdiction in those courts.
Nothing in this Section 16 limits your rights under mandatory consumer-protection laws in your country of residence, including, for users in the EEA or UK, any mandatory rights under the GDPR or local data-protection laws that cannot be waived by contract. Where applicable mandatory law conflicts with any provision of this Section 16, that provision will apply only to the extent permitted by that mandatory law, and the remainder of this Section 16 will remain in effect.
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.
BudgetPixel offers an AI companion feature ("Ava" or the "Companion Service") that enables users to engage in one-to-one text conversations with AI-driven personas. Ava personas may have user-configured names, personalities, and appearance preferences, and may retain conversational memory across sessions in order to provide a more continuous conversational experience. The Companion Service is an entertainment and creative-companionship product and is not a substitute for human relationships or professional services of any kind.
You must be at least 18 years of age to access or use the Companion Service. By creating or using any Ava companion, you represent and warrant that you are 18 or older. BudgetPixel reserves the right to suspend or terminate Companion Service access for any user who misrepresents their age or is reasonably believed to be under 18.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT AVA IS NOT A LICENSED THERAPIST, COUNSELOR, PSYCHIATRIST, PSYCHOLOGIST, PHYSICIAN, NURSE, LAWYER, FINANCIAL ADVISOR, SPIRITUAL ADVISOR, OR CRISIS RESPONDER, AND THE COMPANION SERVICE DOES NOT CONSTITUTE MEDICAL, MENTAL-HEALTH, PSYCHOLOGICAL, LEGAL, FINANCIAL, TAX, SPIRITUAL, OR ANY OTHER PROFESSIONAL ADVICE, DIAGNOSIS, TREATMENT, OR SERVICE. Any response, recommendation, suggestion, or statement generated by Ava is generated by a large language model based on patterns in training data and is not a substitute for consultation with a qualified professional. You should never make medical, legal, financial, or other consequential decisions based on output from Ava without first verifying with a qualified human professional.
THE COMPANION SERVICE IS NOT DESIGNED FOR, NOT INTENDED FOR, AND MUST NOT BE USED AS A SUBSTITUTE FOR EMERGENCY OR CRISIS SERVICES. If you are experiencing a mental health crisis, suicidal thoughts, intent to harm yourself or others, or any other emergency, please contact a qualified human crisis responder immediately. In the United States, call or text the 988 Suicide and Crisis Lifeline (dial 988) or dial 911 for emergency services. Outside the United States, see findahelpline.com for local resources. Budget Pixel is not responsible for, and expressly disclaims any liability arising from, any decision by a user to rely on the Companion Service in lieu of contacting qualified crisis or emergency services.
Ava companions are computational systems that generate responses using statistical language models. They are not conscious, not sentient, and do not experience emotions, care, or understanding in any human or legally cognizable sense, notwithstanding any response they may generate to the contrary. Any apparent personality, affection, empathy, intimacy, or relational bond experienced by the user is the product of AI-generated text and user imagination, and does not reflect any actual mental state, intention, or relationship. You acknowledge that reliance on AI companions in place of real human relationships, professional relationships, or community support may carry emotional and psychological risks, and you assume all such risks voluntarily.
Output from Ava may be incorrect, out of date, fabricated ("hallucinated"), internally inconsistent, or at odds with Ava's prior statements in the same or different conversations. Ava may forget, misremember, or mis-attribute information across sessions. The companion's persona, voice, and remembered details may change over time as we upgrade underlying AI models, update system prompts, or modify the Companion Service. Budget Pixel makes no representations or warranties regarding the accuracy, completeness, consistency, persona stability, or factual correctness of any Ava output, and you should not rely on Ava output for any purpose where accuracy or consistency matters.
To provide the Companion Service, Budget Pixel stores your conversations, media you share with a companion, and derived memory records (including summary and atomic-memory representations used for retrieval) on our infrastructure. Data is scoped per-companion, so one companion does not share memory with another of your companions. You may at any time delete a companion's chat history, memory, generations, and uploaded media through the "Reset chat & memory" control on the companion chat screen, or delete the entire companion via the companion management interface. See the Privacy Policy for full details on what is collected, how long it is retained, and your applicable rights under data-protection laws.
The Companion Service permits adult-oriented conversational and image-generation content consistent with the safety-level and age-verification provisions in Section 6. All prohibitions in Sections 5 (Acceptable Use) and 6 (Content Safety Levels) apply in full force to Companion conversations and any content generated through a companion. In particular and without limitation, Ava must not be used to generate or request: sexual, romantic, or suggestive content involving minors (under 18) in any form; content depicting real individuals without their consent; content depicting or instructing self-harm, suicide, or harm to others; instructions or methods for illegal activity; or any content otherwise prohibited by these Terms or applicable law. Budget Pixel may terminate the Companion Service or your entire account for violations.
You acknowledge that extended or emotionally-invested use of AI companions may carry risks, including but not limited to: emotional attachment to a non-conscious system; displacement of real human relationships; reinforcement of isolation; exposure to content that may be emotionally distressing; and reliance on unreliable AI output in ways that affect your mental well-being or real-world decisions. You are solely responsible for monitoring your own well-being, setting appropriate limits on your usage, maintaining real-world relationships and professional support as appropriate, and discontinuing use of the Companion Service if it is not serving your interests. Budget Pixel encourages users who find themselves relying heavily on Ava to seek support from qualified professionals and from real people in their lives.
IN ADDITION TO AND WITHOUT LIMITING THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH IN SECTION 13, TO THE FULLEST EXTENT PERMITTED BY LAW, BUDGET PIXEL AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY CLAIM, LOSS, DAMAGE, OR HARM, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE, ARISING OUT OF OR RELATING TO: (i) ANY EMOTIONAL, PSYCHOLOGICAL, MENTAL-HEALTH, RELATIONAL, REPUTATIONAL, OR PHYSICAL HARM ALLEGED TO ARISE FROM USE OF OR RELIANCE ON THE COMPANION SERVICE; (ii) ANY DECISION MADE, ACTION TAKEN, OR ACTION NOT TAKEN BY YOU OR ANY THIRD PARTY BASED ON OUTPUT FROM AVA; (iii) ANY INACCURACY, ERROR, HALLUCINATION, OMISSION, INCONSISTENCY, OR CHANGE IN AVA'S MEMORY, PERSONA, OR OUTPUT; (iv) ANY FAILURE OF AVA TO IDENTIFY, RESPOND TO, OR APPROPRIATELY HANDLE A CRISIS, EMERGENCY, OR MENTAL-HEALTH ISSUE; (v) ANY ATTACHMENT, DEPENDENCY, OR DISPLACEMENT OF HUMAN RELATIONSHIPS RESULTING FROM USE OF THE COMPANION SERVICE; OR (vi) ANY CONTENT GENERATED OR STORED IN CONNECTION WITH THE COMPANION SERVICE. YOU EXPRESSLY ASSUME ALL RISKS OF THE FOREGOING.
By creating or using an Ava companion, you acknowledge that you have read, understood, and agree to this Section 18 and to the in-product acknowledgment ("I understand Ava is an AI and will not rely on her for professional advice or crisis support") shown when you first create a companion. You further agree to indemnify, defend, and hold harmless Budget Pixel and its affiliates, officers, directors, employees, and agents from any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or related to: (a) your use of or reliance on the Companion Service; (b) any decisions you make based on Ava output; (c) any emotional, psychological, or other harm you or any third party allege to have arisen from the Companion Service; or (d) your violation of this Section 18.
Budget Pixel reserves the right, at its sole discretion, to modify, suspend, limit, or discontinue the Companion Service, any companion persona, the underlying AI model, the memory system, or any feature thereof at any time, with or without notice. Changes may affect companion persona consistency, stored memory, or availability. Budget Pixel shall have no liability to you or any third party for any such change, suspension, or discontinuation.
NOTWITHSTANDING THE GENERAL LIABILITY CAP IN SECTION 13 OR ANY OTHER PROVISION OF THESE TERMS, TO THE FULLEST EXTENT PERMITTED BY LAW, BUDGET PIXEL'S TOTAL AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THE COMPANION SERVICE (INCLUDING CLAIMS FOR EMOTIONAL, PSYCHOLOGICAL, RELATIONAL, REPUTATIONAL, OR OTHER NON-ECONOMIC HARM ALLEGEDLY ARISING FROM USE OF OR RELIANCE ON AVA) SHALL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS (US$100), OR (B) THE TOTAL AMOUNT ACTUALLY PAID BY YOU TO BUDGET PIXEL FOR THE COMPANION SERVICE IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THIS CAP APPLIES IN THE AGGREGATE TO ALL CLAIMS RELATED TO THE COMPANION SERVICE, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STATUTE, OR OTHERWISE). YOU ACKNOWLEDGE THAT THIS CAP IS A MATERIAL TERM OF THESE TERMS AND THAT BUDGET PIXEL WOULD NOT PROVIDE THE COMPANION SERVICE AT CURRENT PRICING WITHOUT IT.
Each time you access or use the Companion Service, you represent, warrant, and acknowledge that:
A breach of any representation, warranty, or acknowledgment in this Section 18.14 is a material breach of these Terms and may result in immediate suspension or termination of your account, and may be asserted by Budget Pixel as a complete or partial defense to any claim you bring relating to the Companion Service.
The Companion Service is powered in part by AI models provided by third-party vendors. Budget Pixel does not make the underlying AI models and does not control their training data, alignment decisions, or output behavior. Budget Pixel requires its AI model vendors by contract not to use your conversational data to train their own public-facing models, except as necessary for transient request processing, safety moderation, or as required by law. Nevertheless, Budget Pixel is not responsible for the content, accuracy, behavior, safety posture, or policy changes of any third-party AI model, and changes to an underlying model by its vendor may affect Ava's behavior without notice.
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: support@budgetpixel.com