1. Acceptance of terms
These Terms of Use ("Terms") constitute a legally binding agreement between you and Refresh Agency ("we", "us", "our", or "Developer") regarding your use of the Pixel Island mobile application ("App"). By downloading, installing, accessing, or using the App, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the App.
2. Description of service
Pixel Island is a mobile application that provides:
- Animated pixel-art pets displayed in the iPhone Dynamic Island via Live Activities
- AI-powered generation of custom pixel-art pets from photos you choose
- A pixel editor to draw your own pets by hand
- Home Screen widgets (pet, clock, battery, countdown, calendar, photo, weather, quotes) and alternate app icons
- A collection of pixel-art scenes and backgrounds
- A virtual currency ("Gems") used to generate AI pets
- Premium features available through subscription or one-time purchase
3. Eligibility
You must be at least 13 years of age (or the applicable age of digital consent in your jurisdiction) to use this App. By using the App, you represent and warrant that you meet this age requirement. If you are under 18, you represent that you have obtained parental or guardian consent to use this App.
4. License grant and restrictions
4.1 License
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the App on devices you own or control, solely for your personal, non-commercial use.
4.2 Restrictions
You agree NOT to:
- Modify, reverse engineer, decompile, disassemble, or create derivative works of the App
- Remove, alter, or obscure any proprietary notices from the App
- Use the App for any illegal, harmful, or unauthorized purpose
- Attempt to gain unauthorized access to any part of the App or its systems
- Use automated scripts, bots, or similar tools to access the App or its AI generation service
- Circumvent usage limits, gem balances, or subscription checks
- Interfere with or disrupt the App's functionality or servers
- Upload images you do not have the right to use, or that are unlawful, hateful, or sexually explicit
- Impersonate any person or entity or falsely state or misrepresent your affiliation
- Violate any applicable laws, regulations, or third-party rights
5. Accounts and user content
5.1 Account
An anonymous account is created automatically when you first use the App (no sign-in required); it is tied to your device/iCloud identity. You are responsible for activities that occur under it. You can erase your cloud data at any time from Settings → Erase my data; erasure permanently removes your cloud data.
5.2 Photos and generated content
You retain all rights to the photos you submit. Photos are transmitted to our AI processing service solely to generate your pixel pet and are not used to train AI models. You are responsible for having the necessary rights to any image you submit. Generated pets are stored on your account for syncing and for optional inclusion in app updates so they can animate permanently.
5.3 AI-generated content
AI outputs can be unpredictable. We do not guarantee that a generated pet will meet your expectations, and generation requests that are blocked by our safety systems (for example, images of protected characters) may not be refunded.
6. Gems, subscriptions and purchases
6.1 Gems
Gems are a virtual currency usable only inside the App, primarily to generate AI pets. Gems have no monetary value, are non-transferable, cannot be exchanged for cash, and are forfeited when your account is deleted. Gem balances may be adjusted in case of fraud or abuse.
6.2 Subscriptions
- Subscriptions are charged to your Apple App Store account
- Payment will be charged upon confirmation of purchase
- Subscriptions automatically renew unless auto-renew is turned off at least 24 hours before the end of the current period
- Your account will be charged for renewal within 24 hours prior to the end of the current period
- You can manage or cancel your subscription in your App Store account settings
6.3 Free trials
We may offer free trial periods for Premium features. You may be charged once the trial period ends unless you cancel before the trial expires. We reserve the right to modify or cancel free trial offers at any time.
6.4 Changes to pricing
We reserve the right to change pricing at any time. For existing subscribers, we will provide at least 30 days' notice before any price increase takes effect.
7. Intellectual property rights
The App, including all content, features, functionality, software, design, text, graphics, logos, and underlying technology, is owned by the Developer and is protected by copyright, trademark, and other intellectual property laws. You retain ownership of photos you submit and may use your generated pets for personal, non-commercial purposes.
8. Disclaimer of warranties
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. LIVE ACTIVITY AND DYNAMIC ISLAND BEHAVIOR DEPENDS ON YOUR DEVICE MODEL AND iOS VERSION.
9. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE DEVELOPER SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR DATA, ARISING FROM YOUR USE OF THE APP. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE MONTHS PRECEDING THE CLAIM.
10. Termination
We may suspend or terminate your access to the App if you violate these Terms. You may stop using the App and delete your account at any time. Sections that by their nature should survive termination shall survive.
11. Changes to these terms
We may update these Terms from time to time. Material changes will be indicated by updating the "Last updated" date. Continued use of the App after changes constitutes acceptance of the new Terms.
12. Governing law
These Terms are governed by the laws of France, without regard to conflict-of-law principles. Nothing in these Terms deprives you of the protections of mandatory consumer law in your country of residence.
13. Contact
Questions about these Terms? Contact us at pixel@refresh-agency.fr.