Terms of Service

1. Introduction and Acceptance of Terms

Welcome to Pixelon.art ("Platform"), a digital art marketplace operated by CODECRAFTCLOUD CO., LTD. ("Company", "we", "us", or "our"). These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "you", or "your") and the Company governing your access to and use of the Platform, including all features, services, and content available therein.

By accessing, browsing, or using the Platform in any manner, including but not limited to creating an account, purchasing artwork, listing artwork for sale, participating in auctions, or commissioning artwork, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must immediately cease all use of the Platform.

We reserve the right to modify these Terms at any time. Any changes will be posted on this page with an updated effective date. Your continued use of the Platform after such modifications constitutes your acceptance of the revised Terms.

2. Definitions

• "Platform" refers to the Pixelon.art website, applications, and all related services.
• "User" refers to any individual who accesses or uses the Platform, including Artists and Buyers.
• "Artist" refers to a User who has been approved to list, sell, or offer artwork and services on the Platform.
• "Buyer" refers to a User who purchases artwork, commissions, or participates in auctions on the Platform.
• "Content" refers to all artwork, images, text, descriptions, and other materials uploaded, posted, or displayed on the Platform by Users.
• "Commission" refers to a custom artwork service offered by an Artist, where a Buyer requests and pays for original artwork created to specification.
• "Auction" refers to a time-limited sale where artwork is sold to the highest bidder.
• "Product" refers to digital artwork listed for direct purchase at a fixed price.
• "Service Fee" refers to the percentage-based fee charged by the Platform on each completed transaction.

3. Account Registration and Eligibility

To use certain features of the Platform, you must create an account. By creating an account, you represent and warrant that:

• You are at least 18 years of age or the age of majority in your jurisdiction, whichever is greater.
• All information you provide during registration and thereafter is accurate, current, and complete.
• You are responsible for maintaining the confidentiality of your account credentials and are fully responsible for all activities that occur under your account.
• You will not create more than one account for personal use.
• You will not transfer your account to any third party without our prior written consent.

You must notify us immediately of any unauthorized use of your account or any other breach of security. The Company shall not be liable for any loss or damage arising from your failure to comply with this section.

We reserve the right to suspend or terminate your account at any time if we reasonably believe that you have violated these Terms or that your account has been compromised.

4. Prohibition of AI-Generated Content

Pixelon.art is a marketplace dedicated exclusively to human-created artwork. The sale, listing, or distribution of artwork generated in whole or in part by artificial intelligence ("AI") or machine learning systems is strictly prohibited on this Platform.

4.1 Definition of AI-Generated Content

"AI-Generated Content" refers to any visual artwork, image, illustration, or design that has been created, generated, or substantially produced using generative artificial intelligence tools, including but not limited to:

• Text-to-image generation models (e.g., Stable Diffusion, DALL-E, Midjourney, and similar tools)
• Image-to-image transformation using AI models
• AI-assisted composition or generation tools where the AI substantially determines the visual output
• AI-generated base images that have been manually edited, painted over, or otherwise modified
• Inpainting or outpainting using generative AI tools to create substantial portions of artwork

4.2 Permitted Use of Digital Tools

For the avoidance of doubt, the following uses of technology in artwork creation are permitted:

• Traditional digital painting and illustration using software such as Photoshop, Clip Studio Paint, Procreate, and similar tools
• Application of non-generative filters, adjustments, and effects
• Use of custom brushes, textures, and overlays created by humans
• Use of 3D models or reference images as a guide for human-created artwork
• Photo manipulation and compositing, provided the resulting work involves substantial human creative input

4.3 Enforcement and Penalties

Violation of this policy will result in the following actions:

• Immediate removal of the offending Content from the Platform
• Suspension of any pending payouts associated with the offending Content
• First offense: Written warning and mandatory removal of all flagged Content
• Second offense: Temporary account suspension for a period determined at our sole discretion
• Third offense or egregious violation: Permanent account termination and forfeiture of all pending payouts

We reserve the right to use both manual review and automated detection methods to identify AI-generated content. Artists are required to truthfully represent the methods used to create their artwork. Misrepresentation of AI-generated content as human-created artwork constitutes fraud and will be treated accordingly.

5. Content and Intellectual Property

5.1 Content Ownership

Artists retain full ownership of all original Content they upload to the Platform. By uploading Content, Artists grant the Company a non-exclusive, worldwide, royalty-free license to display, reproduce, and distribute the Content solely for the purpose of operating and promoting the Platform. This license terminates when the Content is removed from the Platform, except as necessary for backup or archival purposes.

5.2 Content Representations

By uploading Content, you represent and warrant that:

• You are the sole creator and owner of the Content, or you have obtained all necessary rights and permissions to list the Content on the Platform.
• The Content does not infringe upon the intellectual property rights, privacy rights, or any other rights of any third party.
• The Content does not contain any unlawful, defamatory, obscene, or otherwise objectionable material.
• The Content is the product of human creative effort and does not constitute AI-Generated Content as defined in Section 4.

5.3 Copyright Infringement (DMCA)

If you believe that Content on the Platform infringes upon your copyright, you may submit a takedown notice by contacting us at support@pixelon.art. Your notice must include: (a) identification of the copyrighted work claimed to be infringed; (b) identification of the allegedly infringing Content; (c) your contact information; (d) a statement of good faith belief; and (e) a statement under penalty of perjury that the information is accurate.

6. Artist Obligations

Artists who list Content or offer services on the Platform agree to the following obligations:

• All listed artwork must be original and created by the Artist. Use of AI-generated content is strictly prohibited as outlined in Section 4.
• All product descriptions, previews, and specifications must be accurate and not misleading.
• For commissions, Artists must deliver completed work within the agreed-upon timeframe. Failure to deliver may result in order cancellation and refund to the Buyer.
• Artists must respond to Buyer inquiries and commission requests in a timely manner.
• Artists must maintain a standard of quality consistent with the samples and descriptions provided in their listings.
• Artists must comply with all applicable laws and regulations, including tax obligations, in their respective jurisdictions.

7. Buyer Obligations

Buyers who purchase Content or commission services on the Platform agree to the following obligations:

• Purchased artwork is subject to the license terms specified by the Artist at the time of purchase. Unless otherwise stated, purchases grant a personal, non-commercial use license.
• Buyers may not redistribute, resell, or sublicense purchased artwork unless the applicable license explicitly permits such use.
• Buyers may not claim authorship of purchased artwork.
• Buyers must respect the Artist's individual terms of service, if provided, in addition to these Platform Terms.
• Buyers must ensure that all payment information provided is accurate and that sufficient funds are available for transactions.

8. Payment Terms

8.1 Payment Processing

All financial transactions on the Platform are processed through Stripe, Inc. ("Stripe"), a third-party payment processor. By making a purchase or receiving payment through the Platform, you agree to be bound by Stripe's Terms of Service (https://stripe.com/legal) in addition to these Terms. The Company does not directly store or process credit card numbers or banking information.

8.2 Service Fees

The Platform charges a Service Fee on each completed transaction. The applicable Service Fee rate will be clearly disclosed to both Artists and Buyers before a transaction is finalized. Service Fees are deducted from the transaction amount before disbursement to the Artist. The Company reserves the right to modify Service Fee rates with prior notice to Users.

8.3 Product Purchases

When a Buyer purchases a Product, the full purchase price is charged immediately. The Artist receives the purchase price less the applicable Service Fee after the transaction is completed. Products are delivered digitally through the Platform upon successful payment.

8.4 Commission Payments and Delivery

As transactions are processed through Stripe Connect Standard, payments may be transferred directly to the Artist's account. To protect both parties, the Platform establishes the following delivery process:

• Payment: The Buyer pays the full amount at the time of order placement (Order Placement).
• Delivery and Review: Once the Artist delivers the completed work through the Platform, the Buyer is responsible for reviewing the deliverables for accuracy and completeness.
• Deemed Acceptance: If the Buyer does not request revisions or raise a dispute within 72 hours (3 days) from the time the Artist submits the delivery in the system, the Buyer shall be deemed to have fully accepted the deliverables and waives the right to request revisions or refunds thereafter.
• Disputes: If an issue arises before the aforementioned deadline, the Buyer may open a dispute through the Platform. The Company will act as a mediator, and if necessary, the Company reserves the right to initiate a clawback from the Artist's account balance to refund the Buyer as appropriate.

8.5 Auction Payments

Auction transactions are governed by the following terms:

• All bids placed in an auction are binding commitments. By placing a bid, you agree to purchase the artwork at your bid amount if you are the winning bidder.
• The Platform employs an anti-sniping mechanism that may extend the auction end time if a bid is placed in the final moments of an auction.
• The winning bidder must complete payment within the timeframe specified by the Platform. Failure to complete payment within this period may result in forfeiture of the winning bid and potential account sanctions.
• If the winning bidder fails to complete payment within the specified deadline, the auction may be re-listed or the artwork offered to the next highest bidder at the Platform's discretion.
• Upon successful payment, the artwork is delivered digitally and the payment (less the Service Fee) is released to the Artist.

8.6 Refund and Cancellation Policy

Refund eligibility depends on the transaction type:

• Product purchases: Due to the digital nature of the goods, product purchases are generally non-refundable once the digital content has been delivered. Refunds may be granted in cases of material misrepresentation or non-delivery.
• Commissions: Buyers must raise a dispute within 72 hours (3 days) of delivery to be eligible for a refund. Refunds may be granted if the Artist fails to deliver within the agreed timeframe, or if the delivered work materially deviates from the agreed specifications. Approved refunds will be processed via a clawback from the Artist's account balance. Partial refunds may be issued at the Company's discretion. After the 72-hour review period expires without a dispute, the Buyer waives refund eligibility.
• Auctions: Winning bids are non-refundable once payment has been completed and the artwork has been delivered.
• All approved refunds will be processed through the original payment method. Refund processing times are subject to the policies of the Buyer's financial institution.

8.7 Currency and Conversion

The Platform supports transactions in 30 currencies, including but not limited to THB, USD, EUR, GBP, JPY, CNY, AUD, CAD, and SGD. Currency conversion rates are obtained from Stripe and updated periodically. The Company is not responsible for fluctuations in exchange rates between the time of purchase and the time of payout. All prices displayed on the Platform are estimates when shown in a currency other than the Artist's base currency.

8.8 Artist Payouts

Artist payouts are processed through Stripe Connect. Artists must complete Stripe Connect onboarding, including identity verification and bank account setup, before receiving payouts. Payout schedules are subject to Stripe's processing timelines and the Artist's configured payout settings. The Company reserves the right to withhold payouts in cases of suspected fraud, policy violations, or pending disputes.

8.9 Chargebacks and Disputes

In the event of a chargeback initiated by a Buyer's financial institution, the Platform will cooperate with the investigation. If a chargeback is found to be fraudulent or unjustified, the Buyer's account may be suspended or terminated. Artists are not responsible for fraudulent chargebacks; however, the Company may need to recover funds from the Artist's balance if a chargeback is upheld for a legitimate reason (e.g., non-delivery or misrepresentation).

8.10 Minimum Transaction Amounts

The Platform enforces minimum transaction amounts as required by the payment processor. These minimums vary by currency and are designed to ensure that transaction processing costs are covered. The applicable minimum amount for each currency is displayed at the time of listing or purchase.

9. Subscriptions

The Platform offers subscription plans that provide additional features and benefits, including increased storage quotas and enhanced visibility. Subscription terms are as follows:

• Subscriptions are billed on a recurring basis (monthly or annually) through Stripe. By subscribing, you authorize the Platform to charge your payment method at the applicable interval.
• You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period. No prorated refunds are provided for unused portions of a billing period.
• If you downgrade or cancel your subscription, your storage quota will be reduced to the applicable tier's limit. You may be required to remove Content to comply with the new storage limit.
• The Company reserves the right to modify subscription pricing with at least 30 days' advance notice. Continued subscription after a price change constitutes acceptance of the new pricing.
• Subscription benefits and features may be modified at any time. The Company will provide reasonable notice of material changes to subscription benefits.

10. Prohibited Conduct

Users of the Platform agree not to engage in any of the following prohibited activities:

• Engaging in fraudulent transactions, including the use of stolen payment methods or identity fraud.
• Listing, selling, or distributing AI-generated content as defined in Section 4.
• Uploading or distributing Content that infringes upon the intellectual property rights of any third party.
• Harassing, threatening, or intimidating other Users.
• Sending unsolicited messages, spam, or engaging in manipulative practices to artificially inflate engagement metrics.
• Attempting to circumvent Platform fees by conducting transactions outside the Platform.
• Manipulating auctions through shill bidding, bid rigging, or other deceptive practices.
• Accessing or attempting to access other Users' accounts or the Platform's internal systems without authorization.
• Uploading files that contain viruses, malware, or other harmful code.
• Using automated tools to scrape, crawl, or extract data from the Platform without prior written consent.

11. Content Moderation and Reporting

The Platform maintains a reporting system that allows Users to flag Content or behavior that violates these Terms. Upon receiving a report, the Platform will review the matter and take appropriate action, which may include:

• Removal of the offending Content.
• Issuance of a warning to the offending User.
• Temporary or permanent suspension of the offending User's account.
• Referral to law enforcement authorities in cases involving illegal activity.

The Company endeavors to review all reports in a timely manner but does not guarantee specific response times. Decisions regarding content moderation are made at the Company's sole discretion.

12. Limitation of Liability

THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

THE COMPANY ACTS AS AN INTERMEDIARY BETWEEN ARTISTS AND BUYERS AND IS NOT A PARTY TO TRANSACTIONS BETWEEN USERS. THE COMPANY DOES NOT GUARANTEE THE QUALITY, SAFETY, OR LEGALITY OF ANY CONTENT LISTED ON THE PLATFORM.

IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE COMPANY'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID TO THE COMPANY IN SERVICE FEES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

13. Indemnification

You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with: (a) your access to or use of the Platform; (b) your violation of these Terms; (c) your violation of any third-party right, including intellectual property, privacy, or publicity rights; (d) any Content you upload or list on the Platform; or (e) your fraudulent or negligent acts.

14. Termination

The Company may suspend or terminate your account and access to the Platform at any time, with or without cause, and with or without notice. Grounds for termination include, but are not limited to:

• Violation of these Terms or any applicable laws.
• Suspected fraudulent or illegal activity.
• Extended period of account inactivity.
• Your request for account deletion.

Upon termination: (a) your right to access the Platform ceases immediately; (b) any pending transactions may be cancelled; (c) any outstanding payouts may be withheld pending resolution of any disputes or investigations; (d) provisions of these Terms that by their nature should survive termination shall remain in full force and effect, including but not limited to Sections 5, 12, 13, and 15.

15. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the Kingdom of Thailand, without regard to its conflict of laws principles. Any dispute arising out of or relating to these Terms or your use of the Platform shall be subject to the exclusive jurisdiction of the courts of Thailand.

Before initiating formal legal proceedings, the parties agree to attempt to resolve any dispute through good-faith negotiation. If the dispute cannot be resolved through negotiation within thirty (30) days, either party may pursue legal remedies as provided herein.

16. Changes to Terms

The Company reserves the right to modify these Terms at any time. Material changes will be communicated to Users through the Platform's notification system or via email to the address associated with your account. Changes become effective upon posting to the Platform unless a later effective date is specified.

Your continued use of the Platform following the posting of revised Terms constitutes your acceptance of such changes. If you do not agree with the revised Terms, you must discontinue your use of the Platform and close your account.

17. Contact Information

If you have any questions, concerns, or inquiries regarding these Terms of Service, please contact us at:

Email: support@pixelon.art

Platform: Pixelon.art