Terms of Service

1. The Service

Pixel Harbor is a web-based image optimization service that:

• Crawls websites you specify to discover images
• Analyzes and optimizes images for web performance
• Converts images to modern formats (WebP, AVIF)
• Provides downloadable optimized image packages

The Service is provided "as is" and we make no guarantees about specific optimization results, file size reductions, or performance improvements.

2. Accounts

To use certain features of the Service, you must create an account. You agree to:

• Provide accurate and complete registration information
• Maintain the security of your password and account
• Notify us immediately of any unauthorized access
• Be responsible for all activities under your account

You must be at least 18 years old to create an account and use the Service.

3. Subscription & Billing

3.1 Plans and Pricing

We offer various subscription plans as described on our pricing page. Prices are in Euros (€) and exclude applicable taxes.

3.2 Payment

Payments are processed securely through Stripe. By subscribing, you authorize us to charge your payment method for the subscription fee. We do not store your credit card information.

3.3 Auto-Renewal

Subscriptions automatically renew at the end of each billing period (monthly or annual) unless cancelled before the renewal date. You will be charged the then-current rate.

3.4 Price Changes

We may change subscription prices with 30 days notice. Price changes take effect at the start of your next billing period. Continued use after a price change constitutes acceptance of the new price.

4. Refunds & Cancellation

4.1 60-Day Money-Back Guarantee

New subscribers may request a full refund within 60 days of their initial subscription purchase, no questions asked. This guarantee applies once per customer and only to the first subscription purchase.

4.2 How to Request a Refund

To request a refund, email us at hello@pixelharbor.io with your account email. Refunds are processed within 5-10 business days.

4.3 Cancellation

You may cancel your subscription at any time through your account settings or by contacting us. Upon cancellation:

• You retain access until the end of your current billing period
• No further charges will be made
• Your data will be retained for 30 days, then deleted

4.4 No Prorated Refunds

Outside of the 60-day guarantee, we do not provide prorated refunds for unused time in a billing period. Annual subscriptions are non-refundable after 60 days.

5. Acceptable Use

5.1 Prohibited Content

You may not use the Service to process, store, or transmit:

• Content that violates any law or regulation
• Malware, viruses, or malicious code
• Content that infringes intellectual property rights
• Content depicting child exploitation
• Content promoting violence, terrorism, or hate

5.2 Prohibited Activities

You may not:

• Circumvent usage limits or security measures
• Resell, sublicense, or redistribute the Service without permission
• Use the Service to harm, abuse, or harass others
• Interfere with the Service's operation or other users
• Attempt to gain unauthorized access to our systems
• Reverse engineer or decompile the Service

5.3 Enforcement

We may investigate violations and take action including warning, suspension, or termination of your account. Serious violations may be reported to law enforcement.

6. Intellectual Property & Copyright

6.1 Your Content

You retain all ownership rights to the images and content you process through the Service. By using the Service, you grant us a limited license to access, process, and store your content solely to provide the Service.

6.2 Our Service

The Service, including its software, design, and documentation, is owned by Kasayo and protected by intellectual property laws. These Terms do not grant you any rights to our trademarks, logos, or branding.

6.3 Your Representations

You represent and warrant that:

• You own or have the right to use all content you process through the Service
• Your use of the Service does not infringe any third-party rights
• You have obtained all necessary permissions for any content you process

6.4 Copyright Complaints

If you believe content processed through our Service infringes your copyright, please contact us at hello@pixelharbor.io with:

• Description of the copyrighted work
• Location of the allegedly infringing content
• Your contact information
• A statement of good faith belief

We will investigate and take appropriate action, which may include removing content and terminating accounts of repeat infringers.

7. Website Crawling

7.1 Authorization Required

You represent and warrant that:

• You own the websites you request us to crawl, OR
• You have explicit authorization from the website owner to crawl their site

7.2 robots.txt Compliance

Our crawler respects robots.txt directives. However, you are responsible for ensuring your crawling requests comply with the target site's terms of service and any other restrictions.

7.3 Indemnification

You agree to indemnify and hold us harmless from any claims, damages, or costs arising from your crawling of websites without proper authorization.

7.4 Our Rights

We reserve the right to refuse to crawl any website, block certain domains, or limit crawling activity at our discretion.

8. Image Processing

8.1 What We Do

When you use the Service, we:

• Download images from websites you specify
• Analyze and optimize images for size and quality
• Convert images to efficient formats (WebP, AVIF)
• Store processed images temporarily for download

8.2 Data Retention

Processed images are retained according to your subscription plan:

• Pay As You Go: 7 days
• Starter: 1 months
• Growth: 3 months
• Pro: 1 year

After the retention period, images are automatically deleted from our systems.

8.3 No Guarantees

While we strive for excellent results, we cannot guarantee specific file size reductions, quality preservation, or compatibility with all systems. Results vary depending on the source images and optimization settings.

9. AI-Powered Features

We offer AI-powered features including background removal, image upscaling, color correction, and image generation. This section governs your use of these features.

9.1 Third-Party AI Processing

When you use AI-powered features, your images may be processed by third-party artificial intelligence service providers. These providers process your images solely to perform the requested operation and delete them after processing.

See our Privacy Policy for details on our data subprocessors.

9.2 No AI Training on Your Data

We do NOT use your images to train AI models. Your images are:

• Processed only to deliver the specific feature you requested
• Not stored by AI providers beyond the processing duration
• Not used to improve or train any machine learning models
• Not shared with third parties except as necessary for processing

9.3 Generated Content Ownership

For AI-generated images (such as AI backgrounds, lifestyle images, or virtual models):

• You own the generated images. Subject to these Terms, you retain all rights to AI-generated content created through your use of the Service.
• Limited license to us: You grant us a limited license to store, display, and deliver generated images solely to provide the Service.
• Your responsibility: You are responsible for ensuring your use of generated images complies with applicable laws and does not infringe third-party rights.

9.4 AI Limitations and Disclaimers

AI features are provided "as is." You acknowledge and agree that:

• AI may produce unexpected, inaccurate, or unsuitable results
• We do not guarantee the quality, accuracy, or appropriateness of AI outputs
• AI-generated content may not be suitable for all purposes or audiences
• You must review all AI outputs before using them commercially
• AI features may be unavailable, slow, or produce errors during high demand

We are not liable for any damages arising from AI-generated content or your reliance on AI features.

9.5 Credits and Usage

AI features consume credits from your account. Credits are:

• Deducted when an AI operation is initiated
• Non-refundable once an operation completes, regardless of output quality
• Refunded automatically if an operation fails due to technical errors

9.6 Credit Pricing and Cost Variability

AI technology and its associated costs are rapidly evolving. You acknowledge and agree that:

• Credit costs per operation may change. The number of credits required for different AI operations (background removal, upscaling, generation, etc.) may be adjusted based on underlying AI provider costs, model improvements, or operational factors.
• Pay-As-You-Go pricing may be adjusted. The cost per credit for Pay-As-You-Go purchases may change to reflect changes in AI processing costs.
• Existing credits remain valid. Any credits already purchased or included in your subscription will remain usable at current operation rates until used.
• Notice of changes. We will provide reasonable notice (typically via email or in-app notification) before making material changes to credit costs or pricing.

Current credit costs and pricing are always displayed on our pricing page.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities.
• Our total liability for any claim arising from these Terms or the Service shall not exceed the amount you paid us in the 12 months preceding the claim.
• We are not liable for any damages resulting from your use of third-party websites or services accessed through the Service.

Some jurisdictions do not allow limitation of liability for certain damages, so some of these limitations may not apply to you.

11. Warranty Disclaimer

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Merchantability or fitness for a particular purpose
• Non-infringement
• Uninterrupted or error-free operation
• Accuracy or reliability of results
• Security or freedom from viruses

We do not warrant that the Service will meet your requirements or that any errors will be corrected.

12. Termination

12.1 Your Right to Terminate

You may cancel your subscription and close your account at any time through your account settings or by contacting us.

12.2 Our Right to Terminate

We may suspend or terminate your account immediately if:

• You violate these Terms
• Your payment method fails and is not updated
• We are required to do so by law
• We discontinue the Service (with 30 days notice)

12.3 Effect of Termination

Upon termination, your right to use the Service ends immediately. We will delete your data within 30 days unless legally required to retain it. Sections of these Terms that should survive termination (such as liability limitations) will remain in effect.

13. Governing Law

These Terms are governed by the laws of Germany, without regard to conflict of law principles. Any disputes shall be resolved in the courts of Munich, Germany.

If you are a consumer in the European Union, you may also be entitled to bring proceedings in the courts of your country of residence, and you benefit from any mandatory consumer protection laws of your country.

14. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes by:

• Sending an email to your registered address
• Displaying a notice in the Service
• Updating the "Last updated" date above

Continued use of the Service after changes take effect constitutes acceptance of the revised Terms. If you do not agree to the changes, you must stop using the Service and cancel your subscription.

15. Contact

For questions about these Terms or the Service, contact us:

16. Miscellaneous

Severability

If any provision of these Terms is found unenforceable, the remaining provisions will continue in effect.

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Kasayo regarding the Service.

No Waiver

Our failure to enforce any right or provision of these Terms is not a waiver of that right or provision.