Terms of Service

1. Agreement

These Terms of Service ("Terms") are an agreement between you and Baloka ("Baloka", "we", "us"), which operates Piksio at piksio.com and app.piksio.com (the "Service"). By creating an account or using the Service, you agree to these Terms, our Privacy Policy and, where it applies, our Data Processing Addendum ("DPA").

If you use the Service for a company or other organization, you confirm that you have authority to bind it, and "you" means that organization. You must be at least 18 years old to use the Service.

2. The service

Piksio lets you design image templates, personalize them with data passed in an image URL (for example a recipient's first name), and serve the resulting images in emails and other channels. It also offers AI-generated images, brand kits built from scanning a website you name, and optional publishing to social networks through a connected account.

3. Accounts

4. Your content and outputs

Your content. "Your Content" means everything you or your systems submit to the Service: templates, uploaded images, fonts and logos, brand information, text, personalization data passed in image URLs, and prompts. You keep all rights in Your Content.

Licence to us. You grant Baloka a worldwide, non-exclusive, royalty-free licence to host, copy, process, transmit and display Your Content only as needed to provide, secure and support the Service for you. We do not use Your Content to train AI models, and we do not sell it.

Outputs. As between you and Baloka, you own the images and other outputs the Service generates for you ("Outputs"), subject to the rights of others in any material you put into them.

Your responsibility. You confirm that you have all the rights needed to use Your Content with the Service. That includes logos, trademarks, fonts and photographs, and any website you ask us to scan. You confirm that Your Content and Outputs, as you use them, don't infringe anyone's rights or break any law.

Feedback. If you send us suggestions, we may use them without any obligation to you.

5. AI features

6. Acceptable use

You may not use the Service to:

We may remove content or limit use that we reasonably believe breaks this section.

7. Email recipients and personal data

When you personalize images with data about people you contact ("Recipients"), you decide what data is used and why. You are the controller of that data, and Baloka processes it on your behalf as your processor under the DPA. The DPA is part of these Terms. You are responsible for:

Our handling of account holders' personal data is described in our Privacy Policy.

8. Third-party services

The Service works with other services, such as email platforms, social networks (through our posting partner), payment processing and logo and font providers. Your use of those services is governed by their own terms. We aren't responsible for them, and we may change or stop an integration if the provider changes or ends its service.

9. Credits, fees and taxes

10. Our intellectual property

Baloka and its licensors own the Service, including its software, design, built-in templates and branding. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable right to use the Service for your internal business purposes while your account is active. You may use built-in templates in your Outputs.

11. Availability and changes

We work to keep the Service available, but we don't promise uninterrupted service, and we don't offer a service-level agreement unless we sign one with you. We may change, add or remove features. If a change materially reduces a paid feature you rely on, we'll try to give you reasonable notice.

We may update these Terms. For material changes, we'll notify you by email or in the app at least 14 days before the change takes effect, unless the change is required by law. If you keep using the Service after the effective date, you accept the updated Terms. If you don't agree, stop using the Service and close your account.

12. Suspension and termination

13. Disclaimers

To the extent the law allows, the Service and Outputs are provided "as is" and "as available". Baloka disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, title and non-infringement. Email clients and image proxies differ in how they display or cache images. We don't guarantee how an image will look, or that it will appear at all, in any particular inbox.

14. Limitation of liability

To the extent the law allows:

Nothing in these Terms limits liability that can't be limited by law, such as liability for fraud, or for death or personal injury caused by negligence.

15. Indemnity

You will defend and indemnify Baloka against third-party claims, and the resulting losses and reasonable costs, arising from Your Content, your messages to Recipients, or your breach of sections 4, 6 or 7.

16. Governing law and disputes

These Terms are governed by the laws of the Commonwealth of Massachusetts, USA, without regard to conflict-of-laws rules. The state and federal courts located in Massachusetts have exclusive jurisdiction over any dispute arising from these Terms, except that either party may seek urgent injunctive relief in any competent court. If you are a consumer, you keep any protection the mandatory laws of your country of residence give you.

17. General

18. Contact

Baloka · 572 Saw Mill Brook Parkway, Newton, MA 02459, USA · hello@piksio.com