AGREEMENT TO TERMS By accessing, using, or downloading the Pixel Armour LLC mobile applications (also known as PixelArmourLite), you consent to comply with these Terms of Use. PixelArmourLite may modify these terms at its discretion. If you do not concur with any part of these Terms, please cease using the Mobile Application immediately. Your continued engagement with PixelArmourLite signifies your acceptance of any amended Terms of Use.
DEFINITIONAL TERMS Within these Terms of Use, the capitalized terms shall have the meanings assigned herein: “Account” refers to a user-created account on PixelArmourLite through Registration. “Merchant” pertains to entities whose goods or samples may be obtained via PixelArmourLite. “Privacy Policy” is described in Clause 14 of these Terms of Use. “Redeem” represents the act of obtaining a Merchant’s products or Samples, with “Redemption” signifying this action. “Register” signifies the act of forming an Account on PixelArmourLite, with “Registration” denoting this process. “Samples” encompasses samples of Merchant’s goods and/or offerings. “Services” embodies all services offered by PixelArmourLite through the Mobile Application. “Users” includes all users of PixelArmourLite, you included, with “User” identifying any individual user. PixelArmourLite apps will include Fitava, Fit Social, Icon, Ai Lingo: Spanish Learning & More as seen on the app store.
3. OVERVIEW OF PIXELARMOURLITE AND ITS SERVICES
3.1 Terms Application: The usage of any Services, PixelArmourLite, or any Redemptions are governed by these Terms of Use.
3.2 Location Limitation: PixelArmourLite and its Services are tailored for Users within the United States. Utilizing PixelArmourLite outside the United States is done at your own liability, with adherence to local laws required.
3.3 Personal Use Only: PixelArmourLite is designed for personal, non-commercial utilization and must not be employed for business-related activities.
3.4 Usage Restrictions: PixelArmourLite reserves the authority to limit or prohibit your use of the Mobile Application and Services, as well as Redemptions.
3.5 Access Requirements: Internet connection and suitable telecommunication links are needed to use PixelArmourLite. Any charges incurred are your responsibility.
3.6 Permission for Usage: If you’re not the payer for the accessing device, it’s presumed you have obtained consent.
3.7 Material Licensing: By submitting text or images (“Material”) via PixelArmourLite, you bestow a non-exclusive, worldwide, royalty-free license for its use to promote PixelArmourLite, confirming you have proper authorization.
3.8 The apps you download from the App Store are not sold to you, but rather provided under a license. You agree to either the standard End User License Agreement (EULA) or a custom EULA with the app’s provider. Your use of any app, whether from Apple or a third party, is governed by these agreements. The app, referred to in this agreement as the “Licensed Application,” remains the property of the provider or Apple, who retain all rights not explicitly granted to you.
3.8.1 License Details: The provider grants you a non-transferable license to use the app on your Apple devices according to the Usage Rules. This license also applies to any updates, content, or services within the app unless a custom EULA accompanies the updates. You’re prohibited from sharing the app over networks for simultaneous use on multiple devices, and you can’t transfer or resell it. If you sell your Apple device, you must delete the app from it. Modifying or attempting to reverse-engineer the app is not permitted, except where laws allow or open-source licenses apply.
3.8.2 Data Usage Agreement: You consent to the collection and use of technical data by the provider to improve services and provide updates or support. This data will be non-identifying and may include information about your device and software.
3.8.3 Termination: This agreement remains in effect until you or the provider end it. Violation of its terms will automatically revoke your rights under this agreement.
3.8.4 External Services: The app may offer access to third-party services and websites, which you use at your own risk. The provider isn’t liable for the content or accuracy of these external services, and you’re responsible for using them lawfully and ethically.
3.8.5 Disclaimer of Warranties: You acknowledge the risks of using the app, which is provided “as is” without any warranties. The provider disclaims all warranties, whether expressed or implied. Any issues with the app are your responsibility to fix, except where prohibited by law.
3.8.6 Liability Limitation: The provider’s liability is limited to direct damages up to $50, except in cases of personal injury or where law prohibits such limitations. They aren’t liable for indirect or consequential damages.
3.8.7 Export Regulations: You must comply with all applicable laws regarding the export of the app and represent that you’re not in a prohibited location or on any denied parties lists.
3.8.8 U.S. Government Rights: U.S. Government users receive the app with limited rights, similar to other commercial users.
3.8.9 Governing Law: This agreement is governed by the laws of California, except for international users, where local laws apply. Disputes will be resolved in the courts of California or your local jurisdiction for international users.
3.9 For EU, Swiss, Norwegian, and Icelandic citizens, disputes are governed by the laws and courts of your residence. The United Nations Convention on the International Sale of Goods does not apply to this agreement.
4. REDEMPTIONS
4.1 Registration Requirement: To perform a Redemption on PixelArmourLite, Registration is mandatory.
4.2 Terms Acceptance: By engaging in any Redemption, you concede that the Redemption must comply with these Terms of Use.
4.3 Invalid Redemption: Any Redemption efforts not aligned with these Terms may be denied or considered null and void, at the discretion of PixelArmourLite or the relevant Merchant.
4.4 Merchant Responsibility for Perishables: Merchants are obliged to ensure that any perishable products or Samples offered for Redemption have not reached their expiration dates.
4.5 Limitations: (a) Duplication, resale, or trading of Redeemed items is strictly forbidden. (b) If any item is Redeemed for less than its listed value, the difference will not be provided as credit, cash, or additional Samples. (c) Redemption is contingent upon the relevant Merchants’ inventory availability.
4.6 PixelArmourLite Not Liable: PixelArmourLite shall not be accountable for any harm or loss resulting from a Merchant’s failure to honor Redemptions per Clause
4.4 or our failure to deliver any products or Samples due to unavailability as described in Clause 4.5(c).
4.7 Lost/Stolen Items: PixelArmourLite and Merchants are not liable for any Redeemed products or Samples that are lost or stolen.
5. LOCATION-BASED ALERTS AND NOTIFICATIONS
5.1 Notifications Agreement: By activating location services on your mobile or other handheld devices, you consent to receive automated notifications (“Location Alerts”) within PixelArmourLite from Merchants.
6. YOUR RESPONSIBILITIES
6.1 Compliance with Merchant Terms: You commit to complying with the terms and conditions of the relevant Merchant connected to your Redemption, as may be altered from time to time.
6.2 Truthful Information: You guarantee that all information provided during Registration and within your Account is truthful, complete, and accurate. You must promptly update us regarding any changes to this information by modifying your Account.
6.3 Verification Before Redemption: It is your duty to confirm that any products, Samples, or information accessed through PixelArmourLite meets your individual needs before proceeding with Redemption.
6.4 Usage Restrictions for PixelArmourLite and Services: You agree not to use or allow anyone else to use PixelArmourLite or its Services to:
6.4.1 distribute or receive any content that is not respectful or appropriate
6.4.2 distribute or receive threatening, offensive, indecent, obscene, defamatory, or unlawful content, or content violating third-party rights
6.4.3 distribute or receive material without required licenses or approvals, or engage in criminal conduct
6.4.4 distribute or receive harmful technical material (including viruses, worms, etc.)
6.4.5 create annoyance or unnecessary distress 6.4.6 intercept communications
6.4.7 use PixelArmourLite for unintended purposes or fraudulent reasons
6.4.8 violate Internet practices or connected network rules
6.4.9 incite hatred or adversely affect individuals, groups, or entities
6.4.10 burden PixelArmourLite’s infrastructure disproportionately
6.5 Additional Prohibitions: You further agree not to:
6.5.1 resell any products or Samples through PixelArmourLite
6.5.2 provide false information, including identities, addresses, and fraudulent use of credit/debit cards
6.5.3 attempt to bypass PixelArmourLite’s security measures
6.5.4 access, tamper with, or use non-public parts of PixelArmourLite or its underlying code.
7. GUIDELINES FOR USING PIXELARMOURLITE APPS AND ITS SERVICES
7.1 We will strive to correct any mistakes or omissions promptly after being notified. However, we cannot guarantee that any apps under PixelArmourLite will be free of faults, errors, or omissions, and we do not accept liability for them. Should you encounter any issues, please report them to us.
7.2 We cannot assure uninterrupted use of any apps under PixelArmourLite or guarantee that information transmitted will be accurate, reliable, or timely. While we will aim to maintain continuous access, any apps under PixelArmourLite may be suspended or terminated at any moment.
7.3 We make no warranties that any apps under PixelArmourLite are free from viruses or other harmful elements that may affect technology.
7.4 We retain the right to alter, replace, suspend, or remove any aspect of any apps under PixelArmourLite at our discretion. Access to any apps under PixelArmourLite may be occasionally restricted for maintenance or the introduction of new features. We will strive to restore access as soon as reasonably possible. We reserve the right to withdraw any aspect of any apps under PixelArmourLite at any time.
7.5 We reserve the right to block access or modify or remove any content that, in our reasonable opinion, may lead to a breach of these Terms and Conditions.
8. SUSPENSION AND TERMINATION
8.1 If you or anyone with your permission uses any apps under PixelArmourLite or any Services in violation of these Terms and Conditions, we may suspend your access to the Services and/or any apps under PixelArmourLite.
8.2 If we suspend the Services or any apps under PixelArmourLite, we may refuse to reinstate them until we receive a satisfactory assurance from you that there will be no further breaches of these Terms and Conditions.
8.3 Any apps under PixelArmourLite shall cooperate fully with any law enforcement authorities or court orders requesting or directing us to disclose the identity or locate anyone in violation of these Terms and Conditions.
8.4 Without limiting this Section 8, we reserve the right at any time to: (a) suspend any apps under PixelArmourLite and/or the Services; (b) suspend your usage of any apps under PixelArmourLite and/or the Services; and/or (c) suspend the use of any apps under PixelArmourLite and/or the Services for persons we believe to be associated with you if:
8.4.1 you violate these Terms and Conditions;
8.4.2 we have reasonable grounds to suspect that you may or will violate these Terms and Conditions; or
8.4.3 we have reasonable grounds to suspect that you may have committed or are committing fraud against us or any person.
8.5 Our rights under this Section 8 do not limit any other right or remedy we may have for any breach or any rights, obligations, or liabilities accrued prior to termination.
9. DISCLAIMER AND LIMITATION OF LIABILITY
9.1 Any apps under PixelArmourLite, the Services, the information on any apps under PixelArmourLite, and the use of all related functionalities are provided “as is” and “as available,” without any explicit or implied warranties.
9.2 To the extent permitted by applicable law, we disclaim all representations and warranties related to any apps under PixelArmourLite and its contents, including but not limited to any inaccuracies or omissions, warranties of merchantability, quality, fitness for a specific purpose, accuracy, availability, non-infringement, or implied warranties from course of dealing or trade usage.
9.3 We do not guarantee that any apps under PixelArmourLite will always be accessible, uninterrupted, timely, secure, error-free, or free from viruses or other harmful code. We are not liable for any effects from acts of God, force majeure events, including but not limited to shortages of materials, equipment, or facilities, power or telecommunications failures, or failures of IT or telecommunications equipment.
9.4 Although we strive to provide accurate and current information on any apps under PixelArmourLite, we make no warranties or representations about its accuracy, timeliness, or completeness.
9.5 We shall not be held responsible for any actions or omissions of third parties or for any direct, indirect, incidental, special, consequential, or punitive damages resulting from or in connection with any apps under PixelArmourLite and its services, your access to, use of, or inability to use any apps under PixelArmourLite, reliance on its content, or any delays or inaccuracies in the information, including but not limited to loss of business, profits, data, or other intangible losses, even if advised of the possibility of such damages.
9.6 We shall not be liable, whether in contract, tort, or otherwise, for any indirect, consequential, collateral, special, or incidental loss or damage you may suffer in connection with any apps under PixelArmourLite and these Terms and Conditions, including without limitation, loss of revenue, profits, anticipated savings, data, goodwill, or claims of third parties.
9.6.1 PixelArourLite Apps may at times provide information, workout plans, exercises, generated sets, reps, intensity rpe and rir and content related to fitness, health and wellness, (that may or may not be correct). This should not be interpreted as medical or professional physical training advice. Users are encouraged to consult with a healthcare provider, physician, or certified fitness professional for personalized recommendations. PixelArmourLite Apps expressly disclaims any responsibility or liability for any medical conditions, injuries, or health problems that may arise from the use of the information provided within the application. Any reliance on such information is solely at the user’s own risk.
9.7 The above limitations and exclusions apply only to the extent permitted by law and do not affect your statutory rights as a consumer.
9.8 Despite our efforts to secure PixelArmourLite apps, we cannot guarantee that electronic data transfers are immune from interception. We do not warrant that data transfers, including email communication with us, will not be monitored or read by others.
10. INDEMNITY
10.1 You agree to indemnify and hold us harmless against any claims, actions, suits, or proceedings arising from or related to (a) your use of the Services, (b) any third party’s use of the Services with your credentials, or (c) your breach of these Terms and Conditions, and to pay damages, costs, and interest associated with such claims.
11. INTELLECTUAL PROPERTY RIGHTS
11.1 All content, information, photographs, illustrations, artwork, and other media, along with names, logos, and trademarks on PixelArmourLite apps are protected by copyright and/or other laws and/or international treaties and belong to us and/or our suppliers. Reproduction or redistribution of this content in whole or part is not permitted unless expressly authorized by us or our suppliers.
11.2 Nothing on PixelArmourLite apps should be interpreted as granting, by implication or otherwise, any license or right to use any trademark displayed on PixelArmourLite apps without our written consent. Misuse of any trademarks or other content on PixelArmourLite apps is strictly prohibited.
11.3 PixelArmourLite will not hesitate to pursue legal action against unauthorized use of its trademarks, name, or symbols in order to protect its rights. All rights not explicitly granted in this document are reserved. Other company and product names mentioned herein may also be the trademarks of their respective owners
12. CHANGES AND AMENDMENTS
12.1 PixelArmourLite may periodically update the content of the app, including descriptions and prices of products and services, without notice. PixelArmourLite is not liable for any errors or omissions in the content.
12.2 PixelArmourLite reserves the right to modify these Terms and Conditions of Use without notice. The updated terms will be available on the app and will take effect immediately upon posting. Regular review of these terms is recommended, as they are binding.
13. GOVERNING LAW AND JURISDICTION
13.1 PixelArmourLite apps can be accessed globally, wherever local technology allows. By using the app, both you and PixelArmourLite agree that the laws of the United States, without regard to conflicts of laws principles, will apply to all matters related to the use of the app.
13.2 You agree to submit exclusively to the jurisdiction of the courts of the United States for any disputes related to these Terms and Conditions of Use.
14. PRIVACY POLICY
14.1 Use of PixelArmourLite and the services provided is subject to this Privacy Policy. By accessing and continuing to use the services, you accept this Privacy Policy, including our use and disclosure of personal information as described herein. We may amend this Privacy Policy from time to time. If you disagree with any part of it, you must cease using PixelArmourLite immediately.
14.2 We may collect, use, and disclose information about you to third parties as part of our normal operation. The following outlines our practices:
(a) We will identify the purposes for which information is collected before or at the time of collection.
(b) Information will be collected and used solely to fulfill the identified purposes, or for compatible purposes, unless we obtain your consent or as required by law.
(c) Personal information will be retained only as long as necessary to fulfill those purposes.
(d) PixelArmourLite will gather personal information through lawful means, and when applicable, with the knowledge or consent of the individual in question.
(e) The collected personal information will be pertinent to the intended use, and to the degree necessary for those purposes, it will be precise, complete, and current.
(f) PixelArmourLite will safeguard personal information using reasonable security measures to prevent loss or theft, as well as unauthorized access, disclosure, copying, usage, or alteration.
PixelArmourLite is dedicated to operating in alignment with these principles to ensure the confidentiality of personal information is protected and preserved.
15. SUBSCRIPTION PLANS
15.1 PixelArmourLite offers certain services on a subscription basis. The details of subscription plans are outlined on the website. When you apply for a subscription plan through the mobile application, you agree to the terms specified in this section.
15.2 Your subscription will be activated once PixelArmourLite has verified your payment.
15.3 The subscription is billed automatically on a weekly, monthly or yearly basis and operates on an auto-renewal system. Unless you switch to a free plan, PixelArmourLite will automatically renew your subscription by charging the subscription fee to your authorized credit card account for the next billing cycle.
15.4 A failure to successfully charge your card will lead to the immediate suspension of your subscription.
15.5 PixelArmourLite offers various subscription plans at different price points, subject to review and changes.
15.6 PixelArmourLite reserves the right to modify subscription plans and pricing at any time without additional notice. Such adjustments will be applied to your subscription at the next renewal date.