Pixcham International j.s.a.
Terms of Service

Last updated: October 30, 2023

NO PURCHASE NECESSARY TO ENTER OR WIN.

Welcome!

Please read these Terms fully and carefully before installing and using the Application and its features and content, offered by the Company. These Terms set forth the legally binding Terms and conditions for your use of the Application. These Terms apply to all Users of the Application, including, without limitation, Challenge Organizers and Users who are contributors of the Content.

1. Definitions

Capitalized Terms used in these Terms have the following meaning:

Application means “Pixcham” application developed and operated by Company.

Battles means a head-to-head game mode that can be played by all eligible Users through the Application.

Company means the company Pixcham International j.s.a., with its registered seat Namestie svateho Egidia 42/97, 05801 Poprad, Slovak republic, referred to in these Terms also as “ we ”, “ us ” or “ our ”.

Content means any information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Application. Content includes all User Content, Our Content and Third-Party Content.

Contests mean Challenges and Battles and each individually as a Contest.

Challenges means a tournament game mode that can be played by all eligible Users through the Application.

Challenge Organizer means any User that creates and organizes Challenge in compliance with these Terms.

Location Based Services have the meaning given to it in Section 8.2. of these Terms.

Our Content means all Content added, created, uploaded, submitted, distributed, or posted to the Application by us.

Points mean score points awarded to a User by participating in Battles, Challenges and/or individual Challenge rounds; User's overall ranking in the Application is based on the total Points he accrued.

Privacy Policy means Company’s policy on privacy and personal data protection within Application, the current version of which is published in the Application and on the Website.

Prize Provider means any natural or legal person, other than User, who provides Prize(s) for Challenge and has other rights or obligations set out by these Terms.

Prize Value means approximate retail value of the Prize.

Prizes mean monetary or in-kind prizes that may be provided to winners of the

Challenge by Challenge Organizers and/or the Prize Provider.

Profile has the meaning given to it in Section 4.1. of these Terms.

Selfie means a photograph displaying the entire face of the User made by the User with the Application in the course of a Battle or Challenge by fulfilling of Task.

Tasks has the meaning given to it in Section 9 of these Terms.

Terms mean these Terms of Service.

Influencer is a person who has a registered profile on the social network Instagram or TikTok, and has more than 5,000 followers on their profile.

Pixcham Influencer is an Influencer who has created and verified an account with the Company on the App.

Dashboard is an online platform, available at https://business.pixcham.com/dashboard, that provides insight and tools for the Challenge Organiser to track, manage and analyse the Challenge and other relevant activities in one place.

Promo Code means a discount provided by the Company to the Challenge Organiser on the fee for launching the Challenge within the App, credits or other benefits that can be subsequently used within the App by the Challenge Organiser.

Credit is a virtual currency unit provided by the Company to the Challenge Organiser under pre-determined conditions, which can be redeemed when purchasing Challenges. These credits will be deducted from the purchase of Challenges.

Follower is a person who follows a Pixcham Influencer and receives updates about the Influencer's posts and activities on the App, Dashboard and/or Website.

Platform is a comprehensive system that includes the App, Dashboard and Website, allowing Users, Pixcham Influencers, Challenges Organizers and third parties to efficiently manage and use all Pixcham features.

Third-Party Content means all Content added, created, uploaded, submitted, distributed, or posted to the Application by any third party, other than us, Challenge Organizer or User.

Third-Party Services has the meaning given to it in Section 8.1. of these Terms.

User Content means all Content added, created, uploaded, submitted, distributed, or posted to the Application by Users.

Users mean individual users of the Application referred to in these Terms also as “you“ or “your”.

Website means our website https://www.pixcham.com.

Community Guidelines means the set of rules and guidelines established by the Company that govern the permitted Content, conduct and restrictions for Users, Challenge Organizers and third parties on this Platform.

2. Acceptance of Terms and Eligibility

2.1 By installing and/or using the Application in any manner, you confirm that:

a) You have read, fully understand and will comply with these Terms, the Privacy Policy and Community Guidelines published by us through the Application and/or Website, each of which is incorporated by reference and each of which may be updated by us from time to time without notice to you;

b) You will comply with all applicable national, federal and international laws and regulations, which may apply to you in relation to your use of the Application;

c) You are capable of entering into valid contractual relationship with the Company and/or its affiliated companies;

d) You are not a person who is barred from using the Application under the laws of the Slovak republic or any other applicable jurisdiction—including, for example, that you do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or face any other similar prohibition;

e) You are not a convicted sex offender;

f) If you are using the Application on behalf of a business or some other entity, you state that you are authorized to grant all licenses set forth in these Terms and to agree to these Terms on behalf of the business or entity;

g) You are not a resident of (i) high-risk third countries listed in Annex to the Commission Delegated Regulation (EU) 2016/1675 of 14 July 2016 supplementing Directive (EU) 2015/849 of the European Parliament and of the Council by identifying high-risk third countries with strategic deficiencies, as amended, or (ii) Italy.

2.2 Our Services are not intended for children under the age of 13. You must confirm that you meet this age restriction before creating an account and using our Services. If we determine that you are under the age of 13 (or younger than the minimum age permitted for use of the Services in your country without parental consent, if higher), we will stop providing the Services and delete your account and related information. There may be additional age restrictions for some of our Services that will require you to be even older to use them.

2.3 By installing and/or using the App, you represent and warrant that you are a natural person of the age you indicated when you created your account on the App. We may, in our sole discretion, deny access to the App to any person and change our eligibility criteria for use of the App at any time. If you are under the age of 16, you may only create a User Account on the App with permission from your parent or legal guardian. The Challenge Organiser reserves the right to (i) restrict the participation of Users under the age of 18 in the Challenge or (ii) condition the participation of a User under the age of 18 in the Challenge on the consent of the User's parent or legal guardian.

2.4 You are solely responsible for ensuring that you are authorised to use the App and that these Terms comply with all laws, rules and regulations that apply to you.

2.5 You acknowledge that certain countries/jurisdictions have laws that may prevent you from using the Application and/or prevent Challenge Organizer from awarding you your Prize. If you are a winner and this happens to be the case with your country/jurisdiction, you acknowledge that you may not be able to receive any Prize at all from Challenge Organizer and/or the Prize Provider. By entering any Challenge, you acknowledge the risks, and understand that you may win but not be able to receive a Prize.

2.6 If you are using our Services within your company or other legal entity, you confirm that you have the authority to represent that company or entity and agree to these Terms on behalf of that company or entity. In this context, all references to "you" and "your" in these Terms will include both you as a User and that company or legal entity.

3. Privacy

3.1 Your privacy matters to us. You can learn how your information is processed when you use our Application in our Privacy Policy.

4. Registration and Use of Profile

4.1 To use the Application, we may require you to create, register and log in through your User’s account in the Application (the " Profile "). It is also possible to create and log to a Profile by logging through your Apple account or email address.

4.2 When registering your Profile you will be required to fill in your e-mail, date of birth and the country of residence. In case of winning Prize(s) you may be required by us, to update your Profile by filling in your whole name and surname, address of your residence and phone contact within 7 days you will be notified that you won Prize(s). In case you fail to provide contact information specified in previous sentence for delivery of Prize(s) you will be notified to do so again in additional 7 days period. Upon the lapse of this period you will lose your right to claim Prize(s) if you failed to provide necessary contact information.

4.3 When registering and maintaining your Profile, you must at all times ensure that your information is accurate, complete and up to date. If you provide any information that is inaccurate, not current or is incomplete, or we find reasonable grounds to believe that your information is inaccurate, incomplete or outdated, we may restrict or block your access to the Application and delete your Profile, at our sole discretion. If there is any change to your information details, you should notify us of the relevant change without delay.

4.4 We may ask you to provide us with further evidence of your identification and age (e.g. valid ID with picture identification) to verify your identity and comply with applicable laws and regulations. We reserve the right to reject, at our sole discretion, registration of any person for Profile. If necessary, we may also ask you to verify your identity through an Application or service such as Veriff.

4.5 When creating and using your Profile, you must not: (i) select or use as a username a name of another person with the intent to impersonate that person, (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization, or (iii) use, as a username, a name that is otherwise offensive, vulgar, or obscene. You are solely responsible for the activity that occurs on your Profile, and for keeping your Profile password and login credentials secure. You may never use another User’s Profile or registration information for the Application without the respective User’s permission.

4.6 You must notify us immediately of any change in your eligibility to use the Application, breach of security or unauthorized use of your Profile. You should never publish, distribute, or post login information for your Profile. You are entitled to delete your Profile at any time, either directly or through a request made to one of our employees or affiliates.

4.7 You may establish, maintain, use and control only one Profile on the Application. Each Profile on the Application may only be owned, maintained, used and controlled by one individual. For avoidance of doubt, Users may not "co-own" Profiles on the Application. If we find out that you have opened, maintained, used or controlled more than one Profile, in addition to any other rights we may have, we reserve the right to suspend or terminate any or all of your Profiles and terminate, withhold or revoke the awarding of any Prizes.

4.8 Parental or legal guardian consent will be required to participate in any Pixcham Challenge if the User is under 18 years of age. This measure helps to protect young Users and ensure that the app remains a safe and responsible place for all. A User who has not received consent from a parent or legal guardian will not be able to participate in any Challenge on the Pixcham Application.

4.9 To ensure the safety of our Users, we will require additional verification procedures when we suspect that false information, including age, has been provided. A user under the age required by Challenge, local, federal, or other governmental laws will need the consent of a parent or legal guardian. If it is determined that a User has obtained consent through false information or without the consent of a parent or legal guardian, we reserve the right not to pay the prize and to terminate the User's account.

4.10 Parental control

4.10.1 The Application is equipped with parental controls that allow parents or legal guardians to consent to the creation of a User Account on the Application by a child under the age of 16 and to monitor and control their children's activities on the Application. As a first step, the parent must scan the QR code associated with the child's account when creating it. By doing so, the parent will add the child to their parent account, thereby consenting to the creation of the child's User Account and the processing of their personal data when using the Application. Through the Parental Control, the parent or legal guardian also gains the ability to effectively manage and control the child's interactions with the Application, and in particular to approve the child's participation in the Challenge.

4.10.2 In addition, the App provides an extensive range of Challenges in which children can participate. The Challenges may be fun, educational, promoting healthy lifestyles or other, but the consent of a parent or legal guardian will be required before a child can participate in any Challenge.

4.10.3 In this way, the App ensures that the parent is in full control of what the child does within the prompts and that all activities are carried out with their full consent. Respecting parental consent is key to ensuring children's safety and privacy on the App and to respecting their rights and decisions.

4.10.4 In the event that a child successfully completes the Challenge and achieves a prize, the App will require additional verification of the parent's details to ensure that they are an eligible parent. The details provided by the parent when registering on the App must be matched to the details on the parent's ID card. This ensures the authenticity and security of the winning process.

4.10.5 The security of a child's personal data and privacy are fundamental priorities in the App. To ensure maximum protection, the App complies with all applicable legislation relating to the protection of children's personal data. A child's personal information will not be shared with third parties without parental consent.

4.10.6 The parent or legal guardian has full control over the child's account on the App. He or she has the right to log the child out of the Application or request that his or her personal information be removed from the Application's database. This option allows the parent or legal guardian to effectively control the access and processing of the child's personal data in accordance with their preferences and needs.

5. Safety

5.1 We try hard to keep Application a safe place for all Users. But we can’t guarantee it. That’s where you come in. By using Application, you agree that you will at all times comply with these Terms, including our Community Guidelines and any other policies made available by the Company to maintain security, if adopted.

5.2 If you fail to comply in line with Section 5.1. of these Terms, we reserve the right to remove any offending content, terminate or limit the visibility of your Profile, and notify third parties, including law enforcement, if necessary, and provide those third parties with information relating to your Profile. This step may be necessary to protect the safety of all Users, and others, to investigate, remedy, and enforce potential Terms violations, and to detect and resolve any fraud or security concerns.

5.3 We also care about your physical safety while using Application. So do not use Application in a way that would distract you from obeying traffic or safety laws. For example, never use Application while driving. And never put yourself or others in harm’s way just to take a Selfie.

6. Rules of Conduct

6.1 You are responsible for all of your activity within the Application. You acknowledge and agree that any violation of these Terms, or applicable laws or regulations, may result in the termination and cancellation of your Profile and forfeiture of your Prizes. When using the Application, you must not, by way of an example, take any action (upload, download, post, submit or otherwise distribute or facilitate distribution of any Content) that:

a) is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, otherwise violates any law or right of any third party, or is otherwise inappropriate as determined by us in our sole discretion;

b) infringes any patent, trademark, trade secret, intellectual property rights, copyright, privacy rights or other Third-party rights of any third person;

c) violates any applicable law, regulation, court or administrative order or contractual obligation;

d) you know is false, misleading, untruthful or inaccurate, including, but not limited to, uploading picture depicting another person without the necessary consent;

e) results in the creation or operation of multiple Profiles;

f) creates multiple entries into Contests, by any means, including multi-Profiles;

g) enters you into a Contest for which you are not eligible, whether by multi-Profiles, providing misleading information, masking or altering your IP address, or other means;

h) constitutes unauthorized or unsolicited advertising, junk or bulk email (spamming);

i) contains software viruses or any other computer codes, files, content, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party;

j) is designed or intended to obtain password, Profile, or private information from any other User; or

k) promotes or links to affiliate programs, multi-level marketing schemes, sites repurposing existing stories or off-topic content.

7. Content and Licenses

7.1 By submitting your User Content through the Application, you hereby grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, manipulate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the Application in any media formats and through any media channels (including, without limitation, third party websites and feeds). The foregoing license granted to us does not affect your other ownership or license rights to your User Content, including the right to grant additional licenses to your User Content, unless agreed otherwise between you and us in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any Third-party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.

7.2 By submitting your User Content through the Application within particular Challenge, you hereby grant to respective Challenge Organizer a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, manipulate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the Application in any media formats and through any media channels (including, without limitation, third party websites and feeds). The foregoing license granted to respective Challenge Organizer does not affect your other ownership or license rights to your User Content, including the right to grant additional licenses to your User Content, unless agreed otherwise between you and respective Challenge Organizer in writing. You represent and warrant that you have all rights to grant such licenses to respective Challenge Organizer without infringement or violation of any Third-party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.

7.3 You hereby acknowledge and agree that the Application (and all its components) that is made accessible to you for your remote use through your mobile device is part of our intellectual property, and that you are not permitted to adapt, copy, modify, reproduce, store, distribute, or otherwise dispose with Our Content and/or Third-Party Content without obtaining prior approval to dispose with this type of Content.

7.4 Subject to these Terms, we grant each User a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Application. Use, reproduction, modification, distribution, or storage of any Content (other than your User Content) for purposes other than those of using the Application is expressly prohibited without prior written permission from us. You must not sell, license, rent, or otherwise use or exploit any Content (other than your User Content) for commercial use or in any other way that violates any third party right. Upon termination of your Profile for whatever reason, the license is automatically revoked, and you have no further rights to dispose, in any way, with any Content (other than your User Content).

7.5 You are not permitted to modify, decompile, disassemble, create derivative works based on the Application, or otherwise modify the Application and its components, including Application’s source code. You are also not permitted to interfere in any way with the Application or attempt to make any changes to the Application and/or any features or components of the Application. You must not break in, access, or attempt to break in or access or otherwise by-pass security systems of the Application.

7.6 The Application is provided "as is" and we give no representations, warranties, express or implied, statutory, or otherwise in respect of the Third-Party Content or User Content uploaded by other Users.

7.7 We do not guarantee that any Content will be made available on the Application. We reserve the right to, but do not have any obligation to remove, edit or modify or otherwise manipulate with any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms) or for no reason at all and to remove or block any Content from the Application.

7.8 We do not own and have no intellectual property rights to logos and trademarks of third parties provided, or otherwise made accessible on or through the Application, in particular to logo or trademarks visible on Prizes.

7.9 For the avoidance of any doubt, the license under Section 7.1 and Section 7.2 is irrevocable and does not terminate by your deletion of Application or your User Content.

7.10 Most of the content on our Services is created by Users, Challenge Organizers and other third parties. Regardless of whether this content is posted or uploaded privately, the User or the entity that uploaded the content is solely responsible for the content. Although the Company reserves the right to review, edit or remove all Content that appears on the Services, we do not control all of it. Accordingly, we cannot guarantee - and do not warrant - that User Content provided by Users on or through the Services will comply with our Terms, Community Guidelines, or any of our other Terms, policies, or guidelines.

7.11 Users may report User Content created by other Users or accounts of other Users that violate our Terms, Community Guidelines or other guidelines and policies.

7.12 We hope that you will understand any decisions we make regarding content or User accounts. However, if you have any complaints or concerns, you can use our complaint form available here. If you wish to make a complaint, you must do so within six months of the relevant decision. Once a complaint has been received, we will ensure that it is investigated promptly, in a timely manner and with an emphasis on non-discrimination, care and fairness. If we find that our initial assessment was incorrect, we will adjust our decision. We will promptly inform you of our conclusion and provide you with all available options to remedy the situation.

8. Third Party and Location Based Services

8.1 The Application may allow you to link to or otherwise access other websites, services or resources provided by third parties and other websites, services or resources may contain links to or be accessed by Application (the “ Third-Party Services ”). These Third-Party Services are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of such Third-Party Services. The inclusion of any such link or access does not imply our endorsement or any association between us and Third-party operators of these Third-Party Services. You further acknowledge and agree that we are neither responsible nor liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Third-Party Service available on or through any website or resource operated by third parties. You acknowledge that different types of Third-party advertisement Content may be displayed to you during your use of the Application.

8.2 Our Application may offer features that are based on the Location of Users and which may report on the Locations of those Users as they use the Application (the "Location Based Services "). You may use these features using these Location Based Services solely at your own discretion and may opt out of using such Location Based Services by turning off those features. If you use Location Based Services, you agree that we may collect and further process information on your Location through the Application. For more details on our obligations and your rights relating to the use of the Location Based Services, please read the current version of our Privacy Policy.

9. Selfie Tasks

9.1 A Selfie Task means a task to be fulfilled by a User in the course of Challenges or Battles by taking a Selfie or photo (the “ Task ”). The Application distinguishes the following Selfie Tasks:

Selfie with a pose The User shall take Selfies during of an activity, movement, face-play or gesture (e.g. Selfie during smile or victory hand gesture, etc.)
Selfie with an object The User shall take Selfies with a physical object. (e.g. Selfie with book, headphones, etc.)
Selfie with a drawing / writing The User shall take Selfies with a handmade drawing/writing. (e.g. Selfie with a drawing of an apple or with the written slogan “Think positively” etc.) To avoid possible misunderstanding the drawing/writing may displayed on a device nor displayed in a picture or photograph.
Selfie in a location The User shall take Selfies on any chosen Location. (e.g. selfie in Central Park in New York City, etc.)
Selfie with a product The User shall take Selfies with a product. (e.g. Selfie with a specific soda can etc.)

9.2 Tasks for Challenges are selected only by the Challenge Organizer(s).

9.3 Tasks for Battles for a User may be selected by the opposing User out of a random group of Tasks.

9.4 Before starting of any round of Challenges or Battles the Application may display an example or preview of a Task that is similar to the Task selected by the Challenge Organizer or the respective Prize Provider.

9.5 Within the Application the User is entitled to report his opposing User if:

9.5.1 Task given to such opposing User is not duly fulfilled.
9.5.2 The face of such opposing User is not entirely visible on the Selfie.
9.5.3 The Selfie has been modified.
9.5.4 The Selfie displays explicit content.

10. Challenges and Challenge Organizers

10.1 Subject to complying with these Terms, the Challenges are open to individual eligible Users. You may enter the Challenge after installing or opening the Application on your mobile device, registering, or logging into your existing Profile and joining the selected Challenge. We reserve the right to verify your eligibility before, during, or after the Challenge.

10.2 Challenge Organizer will announce Challenges through the Application from time to time. Challenge Organizer’s announcement will indicate the type or mode of Challenge and specific rules applicable to the Challenge, if any such specific rules apply. You may join a Challenge while it is live. We and/or Challenge Organizer reserve the right to cancel the Challenges, in our sole discretion and at any stage, with no restrictions. Different variations of Challenges may be announced, depending for example on the number of rounds, number of players, duration, round win criteria, Tasks and pairing of Users into a draw within the respective Challenge.

10.3 The following data will be always visible to User about Challenge: The time scale of the Challenge, including the date and exact time (indicating the time zone) when the Challenge begins and ends, Prize pool (all available Prizes in Challenge), Prize Value, number of rounds (all competition rounds in the Challenge, where the start of each round and the time limit for completing each Selfie Challenge is clearly stated), number of Users who joined Challenge, identity of Challenge Organizer, identity of Prize Provider, and minimum and maximum number of Users who can enter Challenge, exact date and time (including time zone) of the deadline for users to enter the Challenge. Other data and information may also be visible to User about Challenge. Any picture of Prize which is depicted in the Application is only illustrative and Prize Provider or we do not represent or guarantee in any way that the Prize will be awarded in the same colour, shape, size or with the same properties as depicted in the picture of Prize in the Application. We reserve the right to postpone the announcement of the winners of the challenge if necessary for any reason.

10.4 The winners of individual rounds within the Challenge will be automatically selected by the Application based on applying the round win criteria specific for a particular game mode under Section 10.5. of these Terms, in particular your response time (calculated as a time period starting from the moment of displaying the Task for the respe ctive round and ending at the time of creating your picture). If there is a draw, the winner will be selected on the basis of secondary criteria set out by the rules of the respective Challenge. Tasks will be either be selected randomly and automatically by the Application or will be selected by Challenge Organizer or the Prize Provider, and may refer to physical objects, abstract poses or gestures, Locations, drawings and/or sounds.

10.5 The following rules apply to the Challenges as follows:

10.5.1 Game mode KO
a) Users participating in a Challenge will be paired to compete in each round of the Challenge separately.
b) In each round of the Challenge, a new Task will be displayed to the Users through the Application.
c) Users should create the Task-related Selfie within the prescribed round time period.
d) After expiry of the prescribed round time period, winner(s) of the round will be selected and entitled to take part in the next round, and loser(s) will be eliminated from the Challenge.
e) The winners of the individual duels in each round of the Challenge will be automatically selected by the Application on win criteria - User’s response time (calculated as time period starting from the moment of displaying the Task for the respective round and ending at the time of taking the Users Selfie). If there is a draw the User who joined the respective Challenge earlier will be selected a winner.
f) Once the User is eliminated from the Challenge, it may not take part again in the respective Challenge.
g) Winners of each round will be mutually paired to compete in the following rounds of the Challenge.
h) After the last round of the Challenge, the winner(s) of the last round may receive a Prize from Challenge Organizer. The Prizes will be distributed according to these Terms and specific rules applicable to the Challenge, if any such specific rules have been announced.

10.5.2 Game mode Duel
a) Users participating in a Challenge will be paired to compete in each round of the Challenge separately.
b) In each round of the Challenge, a new Task will be displayed to the Users through the Application.
c) Users should upload the Task-related Selfie within the prescribed round time period.
d) After expiry of the prescribed round time period, winner(s) of each round winner(s) of the round will be selected and provided with the respective number of Points.
e) The winners of the individual duels in each round of the Challenge will be automatically selected by the Application on win criteria - User’s response time (calculated as time period starting from the moment of displaying the Task for the respective round and ending at the time of taking the Users Selfie). If there is a draw the User who joined the respective Challenge earlier will be selected a winner.
f) All Users of each round will be mutually paired to compete in the following rounds of the Challenge.
g) User's ranking in a respective Challenge is based on the total Points he / she accrued in such Challenge – the User with the best Challenge ranking after the last round of the Challenge will be the winner of the Challenge.
h) After the last round of the Challenge, the winner(s) may receive a Prize from Challenge Organizer and/or the Prize Provider. The Prizes will be distributed according to these Terms and specific rules applicable to the Challenge, if any such specific rules have been announced.

10.5.3 Game mode Solo
a) Users participating in the Challenge will compete with all other Users participating in the Challenge.
b) In each round of the Challenge, a new Task will be displayed to the Users through the Application.
c) Users should upload the Task-related Selfie within the prescribed round time period.
d) After expiry of the prescribed round time period, winner(s) of each round winner(s) will be selected and provided with the respective amount of Points.
e) The winners of the individual rounds of the Challenge will be automatically selected by the Application on win criteria - Users response time (calculated as time period starting from the moment of displaying the Task for the respective round and ending at the time of taking the Users Selfie). If there is a draw the User who joined the respective Challenge earlier will be selected a winner.
f) The Users continue to compete in the rounds of the Challenge.
g) User's ranking in a respective Challenge is based on the total Points he accrued in such Challenge – the User with the best Challenge ranking after the last round of the Challenge will be the winner of the Challenge. If there is a draw the User who joined the respective Challenge will be selected a winner.

10.6 A specific (more detailed) rules applicable to individual Challenges may apply and be published by Challenge Organizer through the Application. You must comply with the Terms and these specific rules applicable to individual Challenge, if any, to be eligible for a potential win and collection of any Prize. Any non-compliance with the Terms and/or specific Challenge rules may result in disqualification, termination of your Profile and forfeiture of any Prizes awarded. Non-compliance with these Terms and/or specific Challenge rules include, but is not limited to falsifying personal information or other forms of your User Content (including photographs), falsifying payment information, required to claim a Prize, violating eligible payment method Terms, including the Terms of any cash rewards payment card, using unauthorized methods such as unauthorized scripts or other automated means, obtaining other Users’ information and spamming other Users and any other form of abuse; or violation of these Terms and/or specific Challenge rules.

10.7 Users take part in Challenges at their own risk. We are not liable for any of (i) failed, returned or misdirected notifications based on inaccurate information provided by the winner in connection with an entry, (ii) entries and responses to winner notifications which are lost, late, incomplete, illegible, unintelligible, postage-due, misdirected, damaged or otherwise not received by the intended recipient in whole or in part or for computer or technical error of any kind, (iii) any electronic miscommunications or failures, technical hardware or software failures of any kind, lost or unavailable network connections, or failed incomplete, garbled or delayed computer transmissions which may limit the User's ability to participate in the Challenge, (iv) any technical malfunctions of the internet network, computer on-line system, computer or mobile device equipment, software, program malfunctions or other failures, delayed computer transactions or network connections that are human, mechanical or technical in nature, or any combination thereof, including any damage to User's or any other person's mobile device related to or resulting from downloading the Application or otherwise in connection with the Challenge.

10.8 Challenge Organizers

10.8.1 Any User, whether natural or legal person, may be a Challenge Organizer.

10.8.2 To become a Challenge Organizer User must register in the “Business” section available on the Website. During the registration process we may require from you the business registry or Company registry extract (or any similar document issued in your jurisdiction), any document proving VAT registration, utility bill and other documents, as we may consider appropriate to perform our KYC / AML checks. By applying to become Challenge Organizer you declare that:

No resolution has been passed to wind you up and no liquidator has been appointed.
You are not insolvent, and no impeding insolvency exists with regard to you under Slovak law or any other relevant jurisdiction and a no insolvency petition has been filed against you with an insolvency court (in each case within the meaning of any applicable insolvency legislation). You have not become subject to any analogous event, proceedings or arrangements under the laws of any applicable jurisdiction.
No administrator, administrative receiver or any other receiver or manager has been appointed by any person in respect of you or all or any part of your assets and no steps have been taken to initia te any such appointment. No analogous appointments have been made nor initiated under the laws of any applicable jurisdiction.
You are not a person involved in any money laundering or terrorist financing scheme, you comply with any AML obligations that you are subject to under the applicable laws and you do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or in any similar list of sanctioned persons. You agree to fully indemnify, defend and hold harmless, and reimburse us, for, from, against and in respect of any and all claims, costs, liabilities, damages and/or losses (whether incurred directly or indirectly) resulting from any of your above declarations to be untruthful or inaccurate.

10.8.3 We reserve exclusive right to reject any application for registration as Challenge Organizer with no reason given.

10.8.4 Once we approve registration Challenge Organizer may create Challenges via “Create Challenge” section on the website. Challenge Organizer must choose Location where Challenge will be organized and afterwards will fill in required parameters for creation and setting up of Challenge.

10.8.5 We charge Challenge Organizer fee for the launch of Challenge within Application. The exact amount of this fee is specified before the termination of the Challenge creation process. Fee must be paid by Challenge Organizer on our website via the Stripe payment processing platform. Failure to pay the fee means the creation of Challenge will not be finalized and the Challenge will not be launched within Application.

10.8.6 If the Challenge Organizer plans to provide a cash prize to the winners, we require that this amount be paid in advance. The prize money of the app Users is expressed in Euros. The amount of the prize is governed by the rules and conditions of the Contest. In the event that a User wins a cash prize, it will be credited to their BANK profile.

10.8.7 Challenge Organizer is fully responsible that Challenge is created in accordance with these Terms. Challenge bears full responsibility towards other Users participating in the Challenge for keeping the rules announced for such Challenge.

10.8.8 Challenge Organizer cannot participate in Challenge as User. This restriction also applies to their family members and affiliated individuals.

10.8.9 Challenge Organizer is responsible for awarding Prize upon fulfilment of conditions for Prize award. This responsibility cannot be transferred to Prize Provider even if Challenge Organizer agrees with Prize Provider that Prize Provider will perform Prize award. We will provide Challenge Organizer with all necessary information collected from User in order to execute Prize award, in particular necessary identification data of User. By providing us with this information in accordance with the Section 4.2 you agree and acknowledge that such transfer of your data will occur.

10.8.10 We facilitate the operation of Challenge and provide technical support to Challenge Organizer. However, we do not interfere in the process of Challenge. This does not prevent us to take any necessary measures should these Terms be violated by Challenge Organizer when operating the Challenge.

10.8.11 We may provide any additional services enabled by any functionalities of Application to Challenge Organizer for operation of Challenge. Such services are always subject to individual agreement between us and Challenge Organizer.

10.8.12 Challenge Organizer agrees to indemnify us for any breach of these Terms or applicable laws when organizing Challenge caused by his / her intentional action. Failure to award Prize to winning User when conditions for award are fulfilled and User did not lose its right for Prize is also considered intentional breach of these Rules. Section 12.1 applies to scope of this indemnity accordingly.

10.8.13 Challenge Organizer is authorized to regulate the advertisement Content in the Application that may be displayed to User when participating in the Challenge. Challenge Organizer bears full responsibility for such advertisement Content which must always comply with rules set out by these Terms and applicable laws. In particular, such advertisement Content cannot:

a) be unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, containing or depicting nudity or sexual activity, otherwise violating any law or right of any third party, or be otherwise inappropriate;

b) infringe any patent, trademark, trade secret, copyright, privacy rights or other Third-party rights of any third person; or

c) violate any applicable law, regulation, court or administrative order or contractual obligation.

10.8.14. The Challenge Organizer is solely responsible for compliance with all applicable state, federal, and international laws and regulations that may apply to the operation of the Challenge through the Application.

10.8.15. The Challenge Organizer is soley responsible for compliance with all applicable international and/or national tax and customs laws and regulations and for the payment of any taxes, levies or similar payments or deductions from the Prize that may be applicable to the organization of the Challenge via the Application.

10.8.16. The Challenge organizer is obliged to provide Users with an e-mail contact for questions about the Challenge. The Challenge Organizer will respond to such questions within a reasonable period of time, not to exceed 2 days from the date of receipt of the question, in order to ensure the smooth running of the Challenge and to provide Users with the necessary support.

10.8.17. The Challenge Organizer is fully aware that we do not guarantee any specific maximum number of Users that it specifies when creating the Challenge. The Challenge Organizer acknowledges that we are not responsible for any fluctuations in the number of logged in Users and for any failure to reach the specified limit of logins.

10.9 Decision-making forography

10.9.1 The Company has independent judges who are responsible for adjudicating the competition Selfie entries and ensuring that the Terms and conditions of the competition are adhered to. They are also required to maintain the confidentiality of competition photographs and information relating to the Battles and Challenges.

10.9.2 The judges are responsible for evaluating the completion of the competition Selfie tasks in Challenges or Battles and deciding whether the tasks submitted by the competitors have been completed in accordance with the requirements and rules of the competition.

10.9.3 Judges are independent individuals who do not have information about the other judges, nor do they know which Competition Selfie Task relates to a particular Challenge.

10.9.4 For Challenges, one Selfie Task must have the approval of two judges from a group of three or more judges. In the event of disagreement between two judges, the final decision will be based on the opinion of the third judge. The results of these decisions are final and no appeals or changes will be allowed. In the event of a violation of these rules, the Company reserves the right to disqualify the arbitrator in question from the arbitration process. In this way, the Company ensures the objectivity and independence of the decision-making process.

10.10 Promo Code

10.10.1 The Company may, in its sole discretion, provide the Challenge Organiser with a Promo Code on such terms and conditions as it deems appropriate. The use of the Promo Code may be subject to certain conditions set by the Company which will be notified when the Promo Code is provided. These Promo Codes are for the sole purpose of obtaining discounts on the purchase of Challenges on Dashboard.

10.10.2 Use of the Promo Code may be subject to specific terms and conditions set out when the Promo Code is distributed, including limitations on the number of uses, the validity period of the Promo Code and geographical restrictions.

10.10.3 The Company reserves the right to cancel, restrict or modify the Promo Code and its benefits at any time without prior notice.

10.11 Credit

10.11.1 Credit is a virtual currency unit expressed in EUR intended exclusively for an Influencer who has created and verified by the Company an account on the App as a Pixcham Influencer. These Credits are used exclusively to reduce the price when purchasing a Challenge. Credits are credited to the Challenge Organizer's account in the Dashboard. A Pixcham Influencer must have a Company verified account in order to earn and redeem Credits.

10.11.2 Pixcham Influencer has the opportunity to earn Credits in two different ways. The first way relates to the number of Users who have downloaded the Pixcham App via its unique referral link, which is available in the Pixcham Influencer's profile. The second way involves the number of new Followers of his Profile in the App.

10.11.3 Pixcham Influencer will be awarded Credits worth EUR 5,- to his Dashboard account for each new User who downloads the Application via his referral link and actively participates in at least 3 Challenges. Pixcham Influencer will be awarded Credits worth EUR 0.5 to their Dashboard account for each new Follower who actively follows Pixcham Influencer's profile and actively participates in at least 3 Challenges.

10.11.4 Credits are not transferable to another person or the Challenge Organizer, which means that they cannot be shared with other people or entities. Credits are not redeemable for cash, which means that credits earned cannot be exchanged for their cash equivalent.

10.11.5 Credits are valid for up to 18 months from the date they are earned. If you do not make any Challenge purchases during this period, credits will automatically expire 18 months after they have been earned.

10.11.6 In order to achieve verification of an Influencer's Pixcham profile, the Influencer must post and share 3 posts on their social network Instagram or TikTok related to our App, following the guidelines set out by the Company which will be sent to them via email. In this way, the Company verifies the authenticity of the Influencer's profile on Instagram or TikTok social networks and ensures that the Influencer has fulfilled all the necessary conditions to become a verified Pixcham Influencer.

10.11.7 The Company also reserves the right to reject a Pixcham Influencer's profile without giving any reason. This right serves to ensure compliance with the established terms and policies for profile verification and may be exercised in the event that the Company becomes aware of non-compliance with these terms and conditions or any violation of the policies that could affect the integrity or credibility of the Pixcham Influencer. In the event of a profile rejection, the Influencer will be notified of this fact and will not be entitled to receive any credits or other benefits associated with the verified status.

10.11.8 The Challenge Organiser shall always pay a minimum amount of EUR 10 excluding VAT after the use of Credits at the time of payment. For example: the Challenge Organiser has EUR 600 in Credits on his Dashboard and the final price for his Challenge is EUR 500 excluding VAT. In this case, the maximum number of Credits that can be deducted is 490 EUR, because 10 EUR excluding VAT is the minimum fee that must be paid by the Challenge Organiser after all Credits and Promo Codes have been deducted.

10.11.9 The process of creating an account for a Pixcham Influencer can be defined in detail as follows:

Download the iOS or Android Pixcham app
Create a Profile
Go to your Profile in the app
Click on the option " Become an Influencer"
Paste the link to your Instagram or TikTok social profile in the appropriate box in the App. Before you insert a link to your social profile, make sure that you have met all the requirements, including the minimum number of 5,000 followers on Instagram or TikTok.
The Company will send you content and instructions via email to share on your Instagram or TikTok social networks.
If the Company approves your account, you will be notified by email.

By following this process, you can become a Pixcham Influencer and gain access to benefits such as credits and other perks.

10.11.10 The Company reserves the right to cancel or suspend your participation in the Program, or any credits you have earned and not yet used, in the event of a finding of fraud, abuse of rewards privileges, violation of these Terms and Conditions, the guidlines community, or at our sole discretion.

10.11.11 The Company accepts no responsibility for technical problems or technical failures which may occur to the fullest extent permitted by applicable law in connection with any of the following events which may affect the operation of the Credits and/or the Site.

10.11.12 Pixcham Influencer logs in to the Dashboard with the same email and password they entered when creating their Profile in the App. After logging into the Dashboard for the first time, he/she is required to fill in important identification and billing information.

10.12 Reservation of promoting, sponsoring, administering and linking Challenges

10.12.1 Challenge(s) are not in any way sponsored by, endorsed by, administered by, or associated with Apple Inc., ByteDance Ltd., Google LLC , Twitter, Inc. or Meta Platforms, Inc.

11. Battles

11.1 Subject to complying with these Terms, the Battles are open to individual Users. You may enter the Battle after installing or opening the Application on your mobile device, registering, or logging into your existing Profile and initiating or joining the Battle. We reserve the right to verify your eligibility before, during, or after the Battle.

11.2 The winners of Battles (or individual rounds of the Battle if the Battle is played in multiple rounds) will be automatically selected by the Application on the basis of score achieved by User in Battle which is assigned depending on User’s response time (calculated as time period starting from the moment of displaying the Task for the respective round and ending at the time of uploading your photograph). If there is a draw no winner will be selected. Tasks will be selected by the User initiating the Battle and may refer to physical objects, abstract poses or gestures, Locations, drawings and/or sounds.

11.3 You will be penalized when you are cheating in the Battle or Challenge. The User starts with 100 % of the so-called fair play bonus. If (i) you cheat in Battle or Challenge, or (ii) you report another player without any justification for cheating; your fair play bonus will be lowered temporarily. Upon losing all the fair play bonus you will be disqualified from playing Battles or Challenges until renewal of your fair play bonus.

11.4 The following rules apply to the Battles:

a) Users may individually select (invite) another User for the Battle or their Battle opponent will be selected and attributed randomly by the Application.
b) In each round of the Battle, a new Task from the random group of Tasks will be selected by a User for the opposing User.
c) Users may upload the Task-related Selfie within the prescribed round time period.
d) After expiry of the prescribed round time period, winner of Battle will be selected.
e) The winner of the individual round in each round of a Battle will be automatically selected by the Application on win criteria – User´s response time (calculated as time period starting from the moment of displaying the Task for the respective round and ending at the time of taking the Users Selfie). If there is a draw none of the Users participating in such round will be selected a winner.
f) If the Battle consists of multiple rounds, winner of the Battle will be selected on the basis of Battle rounds won by the respective User.

12. Prizes

12.1 In your Profile, you can view a summary of all the Prizes you have won. Prize money is displayed and managed on the User's Profile in the BANK section. This section shows information about recent transactions, account balance and available funds. The winner(s) can further transfer the prize money to their bank account via the Wise platform. The Company reserves the right to withdraw fees associated with the transfer of Prizes money. In addition, we also have the right to deduct the relevant withholding tax.

12.2 The actual moment of payment of the cash Prize shall be deemed to be the moment when the amount is successfully credited to the User's BANK within the Application. This date of crediting of the prize money shall also be considered as the official date of payment of the prize in order to ensure that this timeframe is clearly interpreted and binding for all participant.

12.3 The User agrees that the Cash Prize(s) will only be paid after taxation in accordance with applicable tax laws and regulations. The Challenge Organiser reserves the right under law and in accordance with its obligations to tax the relevant prizes Only the prize or part thereof may be paid out if the amount exceeds the amount of the fees associated with the transfer of the prize money current at the date of payment of the prize. The processing fee for the cash Prize will only be disclosed upon payment of the prize and will be listed in the app profile under "BANK". Please note that the amount of the fee may depend on the amount of the Cash Prize and applicable local regulations. The fee information will be displayed transparently and will be clearly displayed prior to the actual cashing out of the Prize. Your acceptance of this fee is required to complete the prize payout process.

12.4 Winners of Prizes in kind have a period of 30 calendar days from the date of the announcement of the prize in a particular Challenge to claim their prize. Acceptance of the prize is necessary to claim the prize. If the winner fails to claim their prize within this time period, they will forfeit their claim and the Challenge organizer reserves the right to make further use of the prize.

12.5 In cases involving larger cash Prizes or in-kind Prizes, you may be contacted directly by the Challenge Organizer or Prize Provider to arrange a time and method for collection of the Prizes. You also agree to take your own initiative to determine whether you have won a Prize after the end of each Challenge in which you participate.

12.6 If the Challenge Organizer and/or the Prize Provider determines that it cannot deliver a Prize to you on time for any reason, including but not limited to legal restrictions, Force Majeure Event, construction failure or any other reason, you may agree with the Challenge Organizer that it will instead elect to pay you a sum of money equal to the Prize Value associated with the relevant Prize. No further Prizes or compensation of any kind will be awarded in the event that a financial amount is awarded.

12.7 The Prize is not attributable or transferable to any third party and no refunds are permitted other than those set out in clause 12.5 of these Terms and Conditions. In addition, if the Prize cannot be claimed or provided to the winner as a result of any applicable law, rule or regulation, or if the winner is unable to claim the Prize for any reason, the Challenge Organizer reserves the right not to award the Prize at all. The Winner is solely responsible for compliance with all applicable international and/or national tax and customs laws and regulations and for payment of all taxes, levies or similar payments or deductions on the Prize.

12.8 It is the Winner's responsibility to communicate with us, the Challenge Organizer or the prize(s) provider and to provide correct contact details to ensure delivery of the prize. The Company, the Challenge Organizer or the Prize(s) Provider will endeavour to contact the Winner to arrange arrangements for collection of the Prize.

12.9 Prizes in kind are provided as is and without warranty. The Challenge Provider will endeavour to ensure that the Prizes are delivered in the best possible condition and with reasonable precautions taken to protect them during transit. The User is obliged to inspect the condition of the prize on receipt and if he/she discovers any damage or inconsistency with the description, he/she is obliged to notify the Challenge Organizer as soon as possible.

12.10 The Challenge Organizer is responsible for sending the prizes in kind to the winners. Users who have successfully won in-kind Prizes and have met all the conditions set out will be eligible to receive the Prizes promised to them. The Challenge Organizer undertakes to take all necessary steps to deliver the Prizes to the winners within the specified timeframe and in accordance with the provisions of these Terms and Conditions and applicable law.

12.11 Any applicable import duties, registration costs or other taxes or duties associated with the Prize are the sole responsibility and account of the User.

13. Indemnification and Limitation of Liability

13.1 You agree to indemnify us (and each of our affected employees, contractors, directors, suppliers and representatives) for any claims, and expenses, including reasonable attorney’s fees, that arise from or relate to your misuse of, or access to, the Application and the Content, violation of these Terms and/or the Privacy Policy, or infringement by you, or any third party using your Profile or identity in Application, of any intellectual property or other proprietary rights of any third person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you undertake to assist and cooperate with us in asserting any available defenses.

13.2 To the maximum extent permitted by law, in no event should we (nor our directors, shareholders, employees, contractors, suppliers or representatives) be liable for (i) any direct or indirect loss or damage, loss of profits resulting from your use of the Application, (ii) any physical or mental harm caused by use of the Application, (iii) any fraudulent act or criminal act caused by third persons in connection with Application, or (iv) any data loss, any bugs, viruses, trojan horses, or the like (regardless of the source of origination) affecting your mobile device. In no event will the Company’s aggregate liability for all claims relating to the use of the Application exceed EUR 100.

14. Disclaimers

14.1 The Application is provided “as is” and “as available” and to the extent permitted by law without warranties of any kind, either express or implied, including, in particular implied warranties, conditions, or other Terms relating to (i) merchantability, satisfactory quality, fitness for a particular purpose, title, quiet enjoyment, non-infringement, or (ii) arising from a course of dealing. In addition, while we attempt to provide a good User experience, we do not represent or warrant that: (a) the Application will always be secure, error-free, or timely; (b) the Application will always function without delays, disruption, or imperfections; or (c) that any Content or information you obtain through the Application will be timely or accurate.

14.2 All Third-party names and trademarks are the property of their respective owners.

14.3 The User is responsible for any mobile charges that he may incur for using of the Application incl. but not limited to data charges.

14.4 If the law of the country where you live does not allow the exclusions of liability provided for in this clause, those exclusions shall not apply.

14.5 To the fullest extent permitted by law, we take no responsibility and assume no liability for any Content that any User creates, uploads, posts, sends, receives, views, or stores on or through Application and you understand and agree that you may be exposed to Content that might be offensive, illegal, misleading, or otherwise inappropriate, none of which we will be responsible for. This does not exclude any responsibility we may have to remove such content.

15. Data Charges

15.1 You are responsible for any data charges you may incur for using the App. This includes data charges and charges for messaging such as SMS, MMS or other messaging protocols or technologies. If you are unsure what these charges may be, you should ask your service provider before using the App.

16. Communication

16.1 We and/or Challenge Organizer and/or Prize Provider will communicate with you via Application or via contact details you will provide us.

16.2 You are responsible to keep all contact details you provided us up to date. Any of our and/or Challenge Organizer’s and/or Prize Provider’s obligation to notify you on any matter under these Terms is validly fulfilled if it is notified via e-mail address or other contact detail you provided us.

16.3 You are solely responsible to check the spam folder of your e-mail. E-mail delivered to you under these Terms is considered to be delivered even is it is delivered to your spam folder.

17. Force Majeure

17.1 If we fail or are in delay with the performance of any obligation under these Terms due to the occurrence of events of whatever nature which are beyond our control, including, but not limited to: an Act of God, changes in applicable laws or regulations, any disruption of Third-Party Services, action or inaction of governmental, civil or military authority, court orders, act of terrorism, lightning or fire, strike, lockout or other labour dispute, flood, drought, war, riot, theft, transmission or system failures, failure or interruption in the provision of telecommunications or broadband services, failure or shortage of power supplies or equipment, inclement weather, earthquake and natural disasters, such failure or delay does not constitute our breach of these Terms.

18. Modifying Terms or Application and Termination

18.1 We reserve the right to amend, update and modify these Terms at any time. We will notify you in advance on any such amendment, update and modification. By further use of the Application upon such notification and implementation of respective amendment, update and modification you will be bound by such amended, updated and/o modified Terms.

18.2 We’re relentlessly improving Application. That means we may add or remove features, products, or functionalities, and we may also suspend or stop Application altogether.

18.3 You can terminate these Terms at any time and for any reason by deleting your Profile and/or Application.

18.4 We reserve the right to seek all remedies available to us under applicable laws in respect of any violation of these Terms. We may terminate or temporarily suspend your access to Profile if you fail to comply with these Terms, our Community Guidelines , if adopted, or the law, for any reason, and without advanced notice. That means that you will be not allowed to access your Profile or use Application in any way. And while we’ll try to give you reasonable notice beforehand, we can’t guarantee that notice will be possible in all circumstances.

18.5 We may terminate your Profile due to prolonged inactivity in duration of a least 1 year. We will always notify you before such termination should take place.

18.6 In case of termination of Profile, unless the termination is temporary, we may reclaim your username at any time for any reason.

19. Dispute resolution and Arbitration

19.1 If you have concerns, let's talk about them. Feel free to contact us first and we will do our best to resolve the issue.

19.2 Additional terms and conditions may apply to some of our services which contain dispute resolution provisions unique to that service or your country of residence.

19.3 In the event that any provision of these Terms is determined, by a competent court or regulatory authority, to be invalid, unlawful, or unenforceable to any extent, such provision should to that extent be severed from the remaining provisions which continue to be valid and enforceable to the fullest extent permitted by applicable law.

19.4 These Terms are governed by Slovak law. All disputes arising from or in relation to the use of the Application and these Terms shall be finally settled under the Rules of Arbitration of the Vienna International Arbitral Centre (VIAC) of the Austrian Federal Economic Chamber (the " Rules ") by one arbitrator appointed in accordance with the said Rules. The language of the arbitral proceedings shall be English, and the place of arbitration shall be Vienna.

19.5 The arbitration clause in Section 19.4 does not prevent User who is a consumer under applicable law to seek remedies at Slovak courts or via alternative dispute resolutions available to consumer, for example online dispute resolution platform accessible here: http://ec.europa.eu/consumers/odr/.

19.6 Any applicable import duties, registration costs, or further taxes or duties associated with the Prize are sole responsibility of User.

19.7 We may from time to time offer special promotional offers, plans or memberships (each individually as the “ Offer ”). Offer eligibility is determined by Company at its sole discretion and we reserve the right to revoke Offer. We may use information such as device ID, method of payment or an account email address used with an existing or recent User membership to determine Offer eligibility. The eligibility requirements and other limitations and conditions will be disclosed when you sign-up for Offer or in other communications made available to you.

20. Contact us

Company welcomes comments, questions, concerns, or suggestions. You can contact us or get support via legal@pixcham.com.

Pixcham International j.s.a.Terms of Service