Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "you") and Power Digital ABN [to be updated] ("PixMagix", "we", "us", "our"), governing your use of the PixMagix platform available at pixmagix.powerdigital.au and related services.

These Terms apply to all users of the platform, including event organizers, attendees, photographers, and visitors.

2. Service Description

PixMagix provides an AI-powered event photo management platform including:

• Bulk photo upload and storage for event organizers
• AI-powered photo analysis, facial recognition search, and BIB number detection
• Photo distribution to event attendees via face search, BIB search, or QR code access
• Custom certificate frame application and download
• Photo monetization (free download, pay-per-photo, bundle pricing)
• Physical print ordering and fulfillment
• Analytics dashboard for organizers

We reserve the right to modify, suspend, or discontinue any feature or the entire service at any time with reasonable notice.

3. Accounts

3.1 Registration

Event Organizers must register for an account to upload photos and manage events. You agree to provide accurate, current, and complete information during registration and to keep your account details updated.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. Notify us immediately of any unauthorised use at [email protected].

3.3 Account Eligibility

• You must be at least 18 years old to create an Organizer account
• Accounts may not be transferred to another person or entity without our written consent
• One person or organisation may not maintain more than one account without prior approval

4. Organizer Terms

4.1 Photo Ownership & Copyright

By uploading photos to PixMagix, you represent and warrant that:

• You own or have the necessary rights, licences, and permissions to upload and distribute the photos
• The photos do not infringe any third-party intellectual property, privacy, or publicity rights
• You have obtained any required model releases or consents from individuals depicted

4.2 Licence to PixMagix

You grant PixMagix a non-exclusive, worldwide, royalty-free licence to host, store, process, and display your photos solely for the purpose of providing the platform services. This licence ends when you delete the photos or close your account.

4.3 Attendee Consent

Organizers are solely responsible for:

• Informing attendees that facial recognition technology may be used at the event
• Obtaining any legally required consents from attendees (and parents/guardians for minors) for photography and facial recognition processing
• Complying with all applicable privacy and data protection laws in their jurisdiction

4.4 Pricing & Monetization

Organizers set their own pricing for photo downloads and print orders. PixMagix charges a platform fee or commission as agreed in your service plan. Organizers are responsible for any applicable taxes on their revenue.

4.5 Content Standards

You must not upload photos that are illegal, obscene, defamatory, or that depict minors in any inappropriate manner. We reserve the right to remove non-compliant content without notice.

5. Attendee Terms

5.1 Face Search

When you submit a selfie for face search:

• You consent to PixMagix processing your facial features to find matching photos in the event gallery
• Your selfie is processed in-session and deleted within 24 hours
• Face search is entirely optional — you may search by BIB number or event description instead

5.2 Downloaded Photos

Photos downloaded from PixMagix (whether free or purchased) are for your personal use only. You may not resell, redistribute, or use them for commercial purposes without the explicit permission of the Organizer/photographer.

5.3 Print Orders

Print orders are final once placed. Refunds for print orders are available only where the print is defective or arrives damaged — contact us within 7 days of delivery.

6. Payments & Pricing

6.1 Organizer Subscriptions

Organizer accounts may be subject to subscription fees as outlined in your service agreement. Fees are charged in AUD unless otherwise stated. All fees are exclusive of GST where applicable.

6.2 Photo Purchases

Prices for individual photos and print orders are set by the Organizer and displayed clearly before purchase. All payments are processed securely by our payment provider.

6.3 Refunds

• Digital downloads: No refunds once a photo has been successfully downloaded
• Print orders: Refund or replacement for defective/damaged prints within 7 days of delivery
• Organizer subscriptions: Refunds considered on a case-by-case basis — contact us within 14 days

6.4 Disputed Charges

Contact us at [email protected] before initiating a chargeback. We will work to resolve disputes directly within 5 business days.

7. Intellectual Property

7.1 PixMagix Platform

The PixMagix platform, including its software, AI models, design, trademarks, and content created by us, is owned by Power Digital and protected by Australian and international intellectual property laws. You may not copy, modify, distribute, or create derivative works without our written permission.

7.2 Your Content

You retain all ownership rights to photos you upload. By using the platform, you grant PixMagix the limited licence described in Section 4.2 above.

7.3 Feedback

Any feedback, suggestions, or ideas you provide about PixMagix may be used by us to improve the platform without any obligation to compensate you.

8. Acceptable Use

You agree not to:

• Use the platform for any unlawful purpose or in violation of any applicable laws
• Attempt to scrape, harvest, or mass-download photos without authorisation
• Use automated bots, scripts, or crawlers to access the platform
• Attempt to bypass rate limiting, bot detection, or other security measures
• Upload malicious code, viruses, or any content designed to harm the platform or its users
• Impersonate another person or entity
• Attempt to gain unauthorised access to other users' accounts or data
• Use facial recognition to identify people without their consent
• Upload, distribute, or link to child sexual abuse material — we will report any such activity to law enforcement immediately

Violation of these terms may result in immediate account suspension and legal action.

9. Privacy & Data

Your use of PixMagix is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the platform, you consent to our collection and use of data as described in the Privacy Policy.

10. Disclaimers

We do not warrant that:

• The platform will be uninterrupted, error-free, or free from viruses or other harmful components
• The AI facial recognition will achieve any specific accuracy rate in all circumstances
• All photos from an event will be successfully matched to every attendee
• The platform will meet your specific requirements or expectations

To the maximum extent permitted by Australian Consumer Law, we exclude all implied warranties and conditions.

11. Limitation of Liability

To the maximum extent permitted by law, PixMagix and Power Digital shall not be liable for:

• Indirect, incidental, special, or consequential damages
• Loss of profits, revenue, data, or business opportunities
• Damages arising from unauthorised access to or alteration of your data
• Damages resulting from the accuracy or inaccuracy of AI facial recognition

Our total liability to you for any claim arising from your use of PixMagix shall not exceed the amount you paid to us in the 12 months preceding the claim.

Nothing in these Terms limits liability for death or personal injury caused by negligence, fraud, or any liability that cannot be limited under applicable law including the Australian Consumer Law.

12. Indemnification

You agree to indemnify, defend, and hold harmless PixMagix, Power Digital, and their officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including legal fees) arising from:

• Your use of the platform in violation of these Terms
• Your uploaded content infringing any third-party rights
• Your failure to obtain required consents from event attendees
• Any claim by a third party relating to your use of the platform

13. Termination

13.1 By You

You may close your account at any time by contacting us at [email protected]. Outstanding fees remain payable. Downloaded photos and completed print orders are unaffected.

13.2 By PixMagix

We may suspend or terminate your account immediately if you breach these Terms, fail to pay fees, or engage in conduct we deem harmful to the platform or other users. We will provide notice where reasonably practicable.

13.3 Effect of Termination

Upon termination, your right to access the platform ceases. Your uploaded photos will be deleted within 30 days. Sections 6 (outstanding payments), 7 (IP), 11 (liability), and 12 (indemnity) survive termination.

14. Governing Law

These Terms are governed by the laws of New South Wales, Australia. You agree to submit to the exclusive jurisdiction of the courts of New South Wales for any dispute arising from these Terms or your use of PixMagix.

For users in the EU: Nothing in these Terms affects your rights as a consumer under applicable EU law.

15. Changes to Terms

We may modify these Terms at any time. For material changes, we will notify registered Organizers by email at least 14 days before the changes take effect. Continued use of PixMagix after the effective date constitutes acceptance of the updated Terms.

We encourage you to review these Terms periodically. The current version is always available at pixmagix.powerdigital.au/terms/.

16. Contact Us

For questions about these Terms:

• Email: [email protected]
• WhatsApp: +61 461 423 114
• Company: Power Digital, Australia