Terms of Service
The short version. This summary isn't a substitute for the full terms below.
- You own what you upload and the images you make. You give us only the rights we need to run Piksio for you.
- You're responsible for having permission to email the people you personalize images for, and for the brand assets you use.
- Credits are prepaid. Rendered images and AI generations use them as described in the app at the time you buy them. If we refund part of a purchase, you keep what the amount you still paid would buy.
- No spam, no impersonation, nothing illegal or infringing.
- When we process your recipients' personal data, our Data Processing Addendum applies.
- Agreement
- The service
- Accounts
- Your content and outputs
- AI features
- Acceptable use
- Email recipients and personal data
- Third-party services
- Credits, fees and taxes
- Our intellectual property
- Availability and changes
- Suspension and termination
- Disclaimers
- Limitation of liability
- Indemnity
- Governing law and disputes
- General
- Contact
1. Agreement
These Terms of Service ("Terms") are an agreement between you and Baloka ("Baloka", "we", "us"), which operates Piksio at piksio.com and app.piksio.com (the "Service"). By creating an account or using the Service, you agree to these Terms, our Privacy Policy and, where it applies, our Data Processing Addendum ("DPA").
If you use the Service for a company or other organization, you confirm that you have authority to bind it, and "you" means that organization. You must be at least 18 years old to use the Service.
2. The service
Piksio lets you design image templates, personalize them with data passed in an image URL (for example a recipient's first name), and serve the resulting images in emails and other channels. It also offers AI-generated images, brand kits built from scanning a website you name, and optional publishing to social networks through a connected account.
3. Accounts
- Give accurate sign-up information and keep it up to date.
- Keep your password confidential. You are responsible for activity under your account, so tell us promptly at hello@piksio.com if you think it has been compromised.
- Accounts are for one person. Don't share logins or create accounts in bulk or by automated means.
4. Your content and outputs
Your content. "Your Content" means everything you or your systems submit to the Service: templates, uploaded images, fonts and logos, brand information, text, personalization data passed in image URLs, and prompts. You keep all rights in Your Content.
Licence to us. You grant Baloka a worldwide, non-exclusive, royalty-free licence to host, copy, process, transmit and display Your Content only as needed to provide, secure and support the Service for you. We do not use Your Content to train AI models, and we do not sell it.
Outputs. As between you and Baloka, you own the images and other outputs the Service generates for you ("Outputs"), subject to the rights of others in any material you put into them.
Your responsibility. You confirm that you have all the rights needed to use Your Content with the Service. That includes logos, trademarks, fonts and photographs, and any website you ask us to scan. You confirm that Your Content and Outputs, as you use them, don't infringe anyone's rights or break any law.
Feedback. If you send us suggestions, we may use them without any obligation to you.
5. AI features
- AI features use third-party models. Outputs can be inaccurate, unexpected, or similar to outputs generated for other people. We don't guarantee that an Output is unique or that it is free of third-party rights.
- Review Outputs before you use them, especially in material you send to customers.
- Don't use AI features to create content that the Acceptable use section prohibits, or deceptive likenesses of real people.
6. Acceptable use
You may not use the Service to:
- send spam or unsolicited bulk messages, or email people without a lawful basis under the laws that apply to you (for example CAN-SPAM, CASL, the GDPR, the UK GDPR and PECR);
- phish, impersonate any person or brand you aren't authorized to represent, or mislead people about who a message comes from;
- create or distribute content that is illegal, sexually exploits minors, harasses, threatens or promotes violence or discrimination, or infringes intellectual property, privacy or publicity rights;
- put sensitive personal data in image URLs, such as health, financial account or government ID details, or data about children;
- probe, scan or test the Service for vulnerabilities without our written permission; get around rate limits, usage limits or credit checks; or interfere with the Service or other users;
- use the Service to scrape or fetch websites you aren't allowed to access, or to make requests that put a disproportionate load on any system;
- resell, sublicense or white-label the Service, unless we have agreed to it in writing;
- reverse engineer the Service, except where the law allows it despite this restriction; or
- build a competing product using our non-public features or interfaces.
We may remove content or limit use that we reasonably believe breaks this section.
7. Email recipients and personal data
When you personalize images with data about people you contact ("Recipients"), you decide what data is used and why. You are the controller of that data, and Baloka processes it on your behalf as your processor under the DPA. The DPA is part of these Terms. You are responsible for:
- having a lawful basis, and any consents or notices that are required, for processing Recipients' data and sending them messages;
- putting only the data you need into image URLs; and
- describing your use of image-personalization and open measurement in your own privacy notice where the law requires it.
Our handling of account holders' personal data is described in our Privacy Policy.
8. Third-party services
The Service works with other services, such as email platforms, social networks (through our posting partner), payment processing and logo and font providers. Your use of those services is governed by their own terms. We aren't responsible for them, and we may change or stop an integration if the provider changes or ends its service.
9. Credits, fees and taxes
- Credits. The Service runs on prepaid credits. The pricing shown in the app when you buy credits sets out what uses credits and how many. Free allowances, such as the free personalized images each month, don't roll over. Free credits, such as welcome credits, have no cash value and aren't refundable.
- Payment. Our payment processor, Stripe, processes payments. You authorize us to charge your chosen payment method for the credits or plans you buy.
- No credits, no renders. If your balance can't cover a use, it may not complete. For example, a personalized image may fall back to a default version.
- Refunds. Purchased credits are non-refundable and have no cash value, except where the law requires otherwise or we agree otherwise in writing. If we refund all or part of a purchase, we adjust the credits from that purchase to what the amount you still paid would buy on its own, at the prices that applied to that purchase, including any volume bonus for that amount. We work out that amount from the share of your payment, including tax, that was refunded. For example, if you bought the $100 pack (21,000 credits, including a 1,000-credit bonus) and we refund $25, you keep 15,000 credits, which is what $75 buys, because bonuses start at $100. A full refund removes all the credits from that purchase.
- Chargebacks. If you dispute a payment with your bank or card issuer, we may hold the credits from that purchase while the dispute is open. If the dispute is decided in your favor, the credits are removed. If it's decided in ours, we restore them.
- Negative balance. If credits removed after a refund or chargeback were already used, your balance can become negative. You'll need to add credits before using features that cost credits again.
- Expiry. Purchased credits don't expire while your account is active.
- Taxes. Prices exclude taxes unless stated. You are responsible for applicable taxes, and we may collect them where required.
- Price changes. We may change prices or credit costs for future purchases and uses. We'll give at least 30 days' notice of any increase that affects credits you have already bought.
10. Our intellectual property
Baloka and its licensors own the Service, including its software, design, built-in templates and branding. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable right to use the Service for your internal business purposes while your account is active. You may use built-in templates in your Outputs.
11. Availability and changes
We work to keep the Service available, but we don't promise uninterrupted service, and we don't offer a service-level agreement unless we sign one with you. We may change, add or remove features. If a change materially reduces a paid feature you rely on, we'll try to give you reasonable notice.
We may update these Terms. For material changes, we'll notify you by email or in the app at least 14 days before the change takes effect, unless the change is required by law. If you keep using the Service after the effective date, you accept the updated Terms. If you don't agree, stop using the Service and close your account.
12. Suspension and termination
- You may close your account at any time.
- We may suspend or terminate your access if you materially breach these Terms, create a security or legal risk, or don't pay. Where reasonable, we'll notify you first and give you a chance to fix the problem.
- When your account ends, your right to use the Service ends, and personalized image URLs you've distributed may stop working. We'll delete Your Content as described in the Privacy Policy and the DPA.
- Sections 4 (licence to Outputs and feedback), 9 (amounts owed), and 13 to 17 continue to apply after termination.
13. Disclaimers
To the extent the law allows, the Service and Outputs are provided "as is" and "as available". Baloka disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, title and non-infringement. Email clients and image proxies differ in how they display or cache images. We don't guarantee how an image will look, or that it will appear at all, in any particular inbox.
14. Limitation of liability
To the extent the law allows:
- Baloka is not liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, goodwill or data. This applies even if we were told such damages were possible.
- Baloka's total liability arising out of or relating to these Terms or the Service is limited to the greater of (a) the amounts you paid us in the 12 months before the event giving rise to the claim and (b) US$100.
Nothing in these Terms limits liability that can't be limited by law, such as liability for fraud, or for death or personal injury caused by negligence.
15. Indemnity
You will defend and indemnify Baloka against third-party claims, and the resulting losses and reasonable costs, arising from Your Content, your messages to Recipients, or your breach of sections 4, 6 or 7.
16. Governing law and disputes
These Terms are governed by the laws of the Commonwealth of Massachusetts, USA, without regard to conflict-of-laws rules. The state and federal courts located in Massachusetts have exclusive jurisdiction over any dispute arising from these Terms, except that either party may seek urgent injunctive relief in any competent court. If you are a consumer, you keep any protection the mandatory laws of your country of residence give you.
17. General
- These Terms, the Privacy Policy, the DPA and any order form we sign with you are the entire agreement about the Service. A signed order form takes priority if it conflicts with these Terms.
- You may not transfer these Terms without our consent. We may transfer them as part of a merger, acquisition or sale of assets.
- If any provision is unenforceable, the rest stays in effect. If we don't enforce a provision, we haven't waived it.
- Neither party is responsible for delays caused by events beyond its reasonable control.
- We may send notices to the email address on your account. Send notices to us at the address below.
18. Contact
Baloka · 572 Saw Mill Brook Parkway, Newton, MA 02459, USA · hello@piksio.com