These Terms apply to all users of Repixel. If you do not agree to these Terms, you must not download, install, or use the Services.
Your use of Repixel is also subject to our Privacy Policy, which is incorporated into these Terms by reference.
Cube Software Solutions Inc. may change these Terms at any time upon notice to you by posting an updated version within the Services or on the Repixel website.
Your continued use of Repixel after changes take effect constitutes your acceptance of the modified Terms.
You must be at least 13 years old to use Repixel. If you are under the age of majority in your jurisdiction, you may only use Repixel with the involvement of a parent or legal guardian.
Subject to your compliance with these Terms, Cube Software Solutions Inc. grants you a limited, non-transferable, non-sublicensable, non-exclusive, revocable license to download and use Repixel on compatible devices you own or control, solely for your personal, non-commercial use. All rights not expressly granted are reserved.
If you obtained Repixel from the Apple App Store, you acknowledge that these Terms are between you and Cube Software Solutions Inc. only, and not with Apple. Apple is not responsible for Repixel or its content. Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, will have the right to enforce them against you.
Repixel allows you to import photos and create colored artwork ("User Content"). You retain all ownership rights in your User Content. Because Repixel processes your photos locally on your device and does not upload them to our servers unless you explicitly share them, we do not claim any rights over images that remain on your device.
If you choose to share finished artwork with us or through third-party services, you grant Cube Software Solutions Inc. a worldwide, royalty-free, sublicensable license to use, reproduce, and display such content solely for the purpose of operating and promoting the Services.
You agree that you will not:
Repixel, including all software, graphics, pixel-art assets, text, trademarks, logos, and the overall look and feel, is the property of Cube Software Solutions Inc. or its licensors and is protected by copyright, trademark, and other intellectual property laws. Except for the limited license granted in Section 5, these Terms do not grant you any rights in or to our intellectual property.
Copyright © 2019 to the present, Cube Software Solutions Inc. All rights reserved.
Cube Software Solutions Inc. does not represent, warrant, or endorse any third-party website, application, or service that may be linked from Repixel, and disclaims all responsibility for such third parties.
The Services are provided on an "as is" and "as available" basis. To the maximum extent permitted by law, Cube Software Solutions Inc. disclaims all representations and warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranty regarding reliability, availability, timeliness, or accuracy of the Services.
Your use of Repixel is at your sole risk. You are responsible for backing up any creations you wish to keep.
To the maximum extent permitted by law, Cube Software Solutions Inc.'s aggregate liability to you for any claims arising out of or relating to these Terms or the Services shall not exceed fifty dollars (US $50).
In no event shall Cube Software Solutions Inc. be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or goodwill, even if we have been advised of the possibility of such damages. These limitations apply even if any stated remedy fails of its essential purpose.
You agree to indemnify, defend, and hold harmless Cube Software Solutions Inc. and its officers, directors, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Services, your violation of these Terms, or your violation of any rights of a third party.
These Terms are governed by the laws of the Province of Alberta, Canada, without regard to its conflict of law principles. Any cause of action by you arising out of or relating to the Services must be instituted within one (1) year after the cause of action arose or be forever waived and barred.
Either party may terminate this agreement at any time. Upon termination, your rights to use the Services will immediately cease. We may also suspend or restrict access to Repixel at any time to prevent misuse or violations of these Terms.
Any written notice to us under these Terms should be sent to:
Cube Software Solutions Inc.
3500 Manulife Place
10180–101 Street NW
Edmonton, AB T5J 3S4
Canada
Email: appdev@cubesol.com
Electronic notices sent to the email address associated with your device or account are effective upon sending.