Terms of Use

Last Update: October, 2026

Welcome to Pixton! The following terms of use and end user license agreement (the “Terms of Use”) constitute an agreement between you (“user”, “you” or “your”) and Pixton Comics Inc. and its affiliates and subsidiaries (collectively, “Pixton”, “our”, “us” or “we”). If you are under the age of majority in your jurisdiction, your use of Pixton is subject to the age eligibility and consent requirements described in these Terms of Use. If you accept these Terms of Use on behalf of a school, school district, or other organization, you represent that you have the authority to bind that organization to these Terms of Use. These Terms of Use govern your use of and access to the Site, Content and/or Services (each as specified below).

For the purposes of these Terms of Use:

“Child or Children” means any individual under the age of 13.

“Minor” means any individual who has not reached the age of majority in their jurisdiction.

“Parent” means a parent or legal guardian of a Minor.

“Permitted Minor” means a Minor who is authorized to use Pixton in accordance with these Terms of Use.

“Solo User” means an individual who is at least 13 years of age and who registers for an account that is not associated with a school, either independently or with the consent or assistance of a parent or legal guardian. Children under the age of 13 are not permitted to create, hold, or use Solo Accounts, even with parental consent.

“Educator” means a teacher or individual employed by an educational institution, or the educational institution itself.

“Student” means a student who enrolls in a Student Sub-Account upon an Educator’s provision of a registration code or link.

“Content” means any expression fixed in a tangible medium and includes, without limitation, ideas, text, graphics, avatars, designs, presets (including but not limited to: backgrounds, scene configurations, characters, outfits, body poses, facial expressions, color filters, overlays, effects), combinations of presets, drawings, logos, images, trademarks, copyrights, information, software, and any intellectual property therein, any of which may be created, submitted, or otherwise made accessible on or through the Site and/or Services.

“Pixton Content” means all Content that is not User Generated Content.

“Services” means Pixton's web-based tools and features for creating, editing, displaying, sharing, printing, and downloading comics, graphic novels, storyboards, books, avatars, and educational activities, together with related classroom management tools, visual content, and optional AI-supported features.

“Site” means www.pixton.com, app.pixton.com, and other affiliated subdomains of pixton.com.

“User” means someone who accesses the Services, Content or other section of the Site.

“User Generated Content” or “UGC” means any material whatsoever, including comics, that a user, including you, submits, creates, transfers or otherwise makes available by access to the Site or through the Services, including but not limited to ideas, information, images, data, text, graphics, designs, drawings or other Content posted in any area within the Site or through the Services.

Acceptance of Terms and Revisions

You should carefully review these Terms of Use and, if you do not agree with them, you are not permitted to access or use the Site, Content and/or Services and you should exit the Site, cease using the Site, Content and/or Services immediately and, if you have downloaded or installed any of the Content on to your devices, uninstall the Content from such devices immediately.

By accessing the Site, submitting information to us (regardless of whether you register an Account or Student Sub-Account with us) or downloading, installing or using any of the Content or Services you accept the terms of this Terms of Use. If you do not accept the terms of this Terms of Use you must not submit information to or register an Account or Student Sub-Account with Pixton, access the Site or download, install or use any of the Content or Services.

We reserve the right, acting in our sole discretion, to revise these Terms of Use at any time. We will give you notice of such revisions by posting the revised Terms of Use at https://www.pixton.com/terms-of-use. If we make a material change to this Terms of Use we may, in our sole discretion, notify Users by email of such changes to this Terms of Use. It is your responsibility to ensure that you are aware of the current Terms of Use when you access or use the Site and/or Services. If you continue to access or use any of the Site and/or Services after any revisions to this Terms of Use are posted you will be deemed to have accepted those revisions.

PARENTS AND LEGAL GUARDIANS OF MINORS

Pixton requires all users of the Site, Content, and Services to comply with these Terms of Use.

Children under the age of 13 may use Pixton only through Student Sub-Accounts managed by an Educator. Children under 13 may not register for, hold, or use Solo Accounts, even with the consent of a parent or legal guardian.

Minors who are 13 years of age or older may register for and use Solo Accounts, provided that any parental or guardian consent required under applicable law has been obtained. Purchases and other payment transactions must be completed by an adult.

Students of any age may use Student Sub-Accounts under the supervision of an Educator, subject to applicable school policies and legal requirements.

Where the Children's Online Privacy Protection Act (“COPPA”) applies, a school may authorize Pixton to collect and use personal information from Children on behalf of parents where permitted under COPPA and applicable guidance, provided that the information is used solely for the educational benefit of the school and its students and not for unrelated commercial purposes. Where valid school authorization is not available, verifiable parental consent must be obtained when required.

Educators who invite Children to use Pixton must be authorized to do so by their school or educational institution, or must ensure that any required parental consent has been obtained. Educators are not required to obtain individual parental consent where valid school authorization satisfies applicable law.

Pixton provides information about its student data practices in its Privacy Policy and (in the United States) its COPPA Direct Notice to Schools.

Pixton remains responsible for complying with its own obligations under COPPA and other applicable privacy laws. Parents and legal guardians may contact privacy@pixton.com regarding their children's personal information and privacy rights.

CONSIDERATION

For avoidance of doubt, you acknowledge that your acceptance of these Terms of Use is supported by good and valuable consideration including, but not limited to, the limited license granted in these Terms of Use, and you hereby acknowledge the receipt and sufficiency of such consideration.

HARDWARE, SOFTWARE AND CONNECTIVITY

You are responsible for providing the devices, software, internet connectivity, and other equipment reasonably necessary to access and use Pixton. You are also responsible for any internet access, mobile data, or other third-party connectivity charges incurred in connection with your use of the Services.

SUGGESTIONS AND FEEDBACK

You agree that any and all feedback that you may provide to Pixton, whether solicited or unsolicited, as an Account holder or otherwise, (“Feedback”) will be owned by Pixton, without providing compensation to you or any other person and without any liability whatsoever, including all intellectual property rights therein and you hereby irrevocably assign all intellectual property rights throughout the world and in perpetuity in and to the Feedback to Pixton and waive any and all associated moral rights you may have therein. Upon request from Pixton and at Pixton's expense, you will fully cooperate and assist with, execute and deliver all further documents to enable Pixton to document, acquire, apply for, prosecute, perfect or enforce any intellectual property rights in the Feedback. If for any reason Pixton is unable to secure any necessary documentation from you to effect the foregoing further assurances, then you irrevocably designate and appoint Pixton and its duly authorized officers and agents as agent and attorney in fact, to act for and on your behalf for the purpose of documenting, acquiring, applying for, prosecuting, perfecting or enforcing such intellectual property rights in the Feedback.

DATA COLLECTION AND OWNERSHIP

Pixton may collect technical, account-related, and usage information in connection with your access to the Site and Services, including device and browser information, operating system, approximate location, dates and times of access, and actions taken within the Services (collectively, “Usage Data”).

Usage Data may include information that qualifies as Personal Information under applicable privacy laws, depending on its nature and whether it can be associated with an identifiable individual. Pixton collects, uses, retains, and protects such information in accordance with its Privacy Policy and applicable laws.

Pixton may create and use aggregated or de-identified Usage Data that does not identify an individual for purposes such as maintaining, securing, analyzing, and improving its Services, subject to applicable law.

Pixton does not use Student Personal Information for targeted advertising, behavioral marketing, or commercial profiling.

LAWS AND REGULATIONS

Your access to and use of the Site, Content, and Services are subject to applicable international, federal, provincial, state, and local laws and regulations.

Pixton is committed to complying with the privacy and data protection laws applicable to its Services, including, where applicable, the Children's Online Privacy Protection Act (COPPA), Canada's Personal Information Protection and Electronic Documents Act (PIPEDA), applicable Canadian provincial privacy legislation, the European Union General Data Protection Regulation (GDPR), the United Kingdom GDPR, and applicable student privacy and data protection laws in the jurisdictions where Pixton operates.

Where the Family Educational Rights and Privacy Act (FERPA) applies to an educational institution using Pixton, Pixton supports the institution's compliance with its obligations as described in Pixton's Privacy Policy and Data Processing Addendum.

Additional information about Pixton's privacy and data protection practices is available in its Privacy Policy at https://www.pixton.com/privacy-policy and Data Processing Addendum at https://www.pixton.com/data-processing-addendum.

INTELLECTUAL PROPERTY RIGHTS

All trademarks, logos, names, designs, characters, backgrounds, graphics, poses, expressions, software, and other proprietary materials provided by Pixton (collectively, “Pixton Content”) are owned by Pixton or its licensors and are protected by applicable intellectual property laws.

Users retain ownership of their original contributions to User Generated Content, including original storylines, text, and other original creative material, subject to any applicable rights of their educational institution or other rights holders.

Where User Generated Content incorporates Pixton Content, Pixton retains ownership of the underlying Pixton Content. Creating a comic or other work using Pixton does not transfer ownership of Pixton's characters, artwork, visual assets, or other proprietary materials to the user.

Users are granted limited rights to use Pixton Content as expressly described in the Limited License section below. Except as permitted by that license or by written authorization from Pixton, users may not reproduce, extract, redistribute, sell, sublicense, or otherwise commercially exploit Pixton Content.

Pixton's trademarks, logos, and branding may not be used in a manner suggesting endorsement, sponsorship, or affiliation without Pixton's prior written permission.

LIMITED LICENSE

GRANT OF LIMITED LICENSE

Subject to compliance with these Terms of Use, Pixton grants authorized users a limited, non-exclusive, non-transferable, revocable license to access and use the Site, Content, and Services for personal and educational purposes in accordance with their account type, subscription, or applicable school license.

This license permits authorized users to create, edit, display, print, download, and share completed comics and other works created using Pixton, subject to the functionality available through their account and any applicable student privacy or school restrictions.

Users may retain and continue using lawfully created and exported comics for personal, classroom, and other non-commercial educational purposes after their subscription or license expires, provided that they comply with these Terms of Use and applicable privacy laws.

The license does not permit users to extract or redistribute individual Pixton characters, backgrounds, graphics, or other proprietary assets separately from completed works, or to reproduce or offer Pixton's creation tools or visual assets as a competing product or service.

Selling, licensing, merchandising, publishing for profit, or otherwise commercially exploiting works containing Pixton Content requires Pixton's prior written permission. Pixton may grant such permission subject to additional conditions, including attribution requirements.

School licenses are limited to the schools, educators, students, and license periods identified in the applicable order or license agreement.

Except for the rights expressly granted in these Terms of Use, all rights in Pixton Content, the Site, and the Services are reserved by Pixton. Users retain ownership of their original contributions to User Generated Content.

Pixton may modify, add, or remove features and content from the Services from time to time, subject to its contractual commitments and applicable law.

LICENSE TERM

The license granted under these Terms of Use begins when you first accept these Terms of Use and continues for as long as you are authorized to access and use the applicable Services, unless earlier terminated in accordance with these Terms of Use.

Access to paid features is limited to the applicable subscription or license period. The expiration or cancellation of a paid subscription or license does not automatically terminate your account or require deletion of completed works.

Rights expressly granted to retain and use previously exported works for permitted purposes survive the expiration or termination of a subscription or license, unless termination results from an infringement of Pixton's intellectual property rights or other material misuse of the Services.

Pixton may suspend or terminate access where a user materially breaches these Terms of Use, subject to applicable law.

USER ACCOUNTS

In order to access and use certain features of the Site, Content and/or Services you will be required to register an account (the “Account”) through the Site, Content or Services. When you register or update an Account, you will be required to provide us with certain personal information, which may include your name and email address. This information will be retained and used by Pixton in accordance with its Privacy Policy (as amended from time to time, the “Privacy Policy”), which is incorporated by reference into and forms part of these Terms of Use. You agree that all information provided by you will be accurate and complete and that you will promptly update such information if and when it changes.

DESPITE ANY OTHER PROVISION IN THESE TERMS OF USE TO THE CONTRARY, YOU ACKNOWLEDGE AND AGREE THAT YOU DO NOT ACQUIRE ANY OWNERSHIP OR OTHER PROPERTY RIGHT IN YOUR ACCOUNT(S) OR STUDENT SUB-ACCOUNT(S), AS SUCH.

YOU MAY NOT SELL, ASSIGN, TRANSFER, SUBLICENSE, CONVEY OR SHARE WITH ANY OTHER PERSON ANY USER NAMES OR ACCOUNTS OR STUDENT SUB-ACCOUNTS REGISTERED BY YOU AND ANY ATTEMPT TO DO SO WILL ENTITLE PIXTON, IN ITS SOLE AND ABSOLUTE DISCRETION AND WITHOUT NOTICE, TO CANCEL OR SUSPEND YOUR ACCOUNT AND, IN SUCH EVENT, YOU WILL NOT BE ENTITLED TO ANY REFUND OF FEES PAID TO PIXTON BY YOU OR TO ANY OTHER DAMAGES IN RESPECT THEREOF.

TYPES OF ACCOUNTS

Pixton provides three types of user accounts:

Solo Accounts: Accounts intended for individuals who are at least 13 years of age and who wish to use Pixton independently of a school. Children under the age of 13 are not permitted to register for, hold, or use Solo Accounts.

Educator Accounts: Accounts intended for teachers and other authorized educational personnel who use Pixton for instructional purposes. Educator Accounts allow users to create and manage classrooms and associated Student Sub-Accounts. Educators must have the necessary authority to use Pixton in their educational setting.

Student Sub-Accounts: Accounts associated with an Educator Account that allow students to access Pixton through a classroom registration code, link, or other supported authentication method provided or authorized by their Educator. Student Sub-Accounts may be used by students of any age, including Children under 13.

By creating a classroom, inviting students, or managing Student Sub-Accounts, an Educator represents that they have obtained any school authorization or parental consent required under applicable law.

For Children under 13, school authorization may be relied upon under COPPA only where the requirements for such authorization are satisfied. Where school authorization is not available or sufficient, any required verifiable parental consent must be obtained before the collection of the Child's personal information.

Pixton provides its COPPA Direct Notice to Schools to every individual in the United States who creates an Educator Account. The notice is available at https://docs.pixton.com/pixton-coppa-direct-notice-to-schools.pdf and explains Pixton's collection, use, disclosure, and protection of children's personal information.

Educators are responsible for ensuring that their use of Pixton is authorized by their school or educational institution and complies with applicable policies and laws. Pixton remains responsible for its own legal obligations concerning the collection and processing of student information.

LOGIN INFORMATION

Students access Student Sub-Accounts through a classroom registration link or other supported authentication method provided or authorized by their Educator. Depending on the authentication method, students may sign in using a username assigned by their Educator or through a supported third-party Single Sign-On provider, such as Google, Microsoft, or Clever.

Where a student uses Single Sign-On, Pixton may receive information from the authentication provider, including the student's name, email address, or account identifier, depending on the provider and its configuration.

Pixton does not require students to provide their real names or personal email addresses when using the educator-assigned username method. Any personal information received through Single Sign-On is collected, used, and protected in accordance with Pixton's Privacy Policy and applicable privacy laws.

When you register a Student Sub-Account, you will do so upon the provision of a Student Login Link by your teacher. You will use Google, Microsoft, or Clever Single Sign-on, or the unique username provided to you by your teacher, and the name (if any provided through Single Sign-on) and email address associated with your Google, Microsoft, or Clever account, if applicable, will be shared with the Site. If you register a Student Sub-Account you will not be required to provide your real name or any personal information. PIXTON WILL NEVER ATTEMPT TO CONTACT STUDENT SUB-ACCOUNT HOLDERS BY EMAIL.

You are responsible for protecting the confidentiality of your login information and elected Student Login Link(s), and for restricting access to your computer, device or media system platform, and you agree to accept responsibility for all activities that occur under your Account. You are not permitted to share your Account(s) or Login Information or to allow any other person to access to your Account(s). You agree to notify us immediately if you suspect or become aware of any unauthorized use of your login information, elected Student Login Link(s) or your Account(s), or any other security breach involving your Account(s) or the Site, Content and/or Services at support@pixton.com. We are not responsible for any unauthorized access of your Account(s) even if you have advised us of such. You are responsible for all activities that occur under your Account(s), including but not limited to purchases, whether or not such activities have been authorized by you.

ACCESSING YOUR ACCOUNT(S)

Each time that you and/or a Permitted Minor log into and access an Account or Student Sub-Account, you represent and warrant that:

(a) you are the person who registered the Account or Student Sub-Account or are a Permitted Minor of such person;

(b) for Educator and Solo Accounts, the personal information associated with the Account is current, complete, and accurate. Information collected from Student Sub-Accounts is limited in accordance with Pixton's Privacy Policy and the applicable authentication method;

(c) you and/or the Permitted Minor are accessing the Site and using the Content and/or Services solely for lawful purposes and in strict compliance with these Terms of Use;

(d) you and/or any Permitted Minor are accessing the Site, Content and/or Services solely for your own personal, non-commercial purposes, unless you have written permission otherwise from Pixton;

(e) you are not, and are not acting on behalf of, any competitor or prospective competitor of Pixton or its affiliates or subsidiaries;

(f) you and/or any Permitted Minor are not accessing the Site, Content and/or Services for the purposes of any dispute or litigation involving Pixton or its affiliates or subsidiaries;

(g) you and/or any Permitted Minor are not accessing the Site, Content and/or Services for any illegal purpose or to advertise, solicit or communicate with other users for any commercial purpose; and

(h) you and/or any Permitted Minor will logoff and exit the Account at the end of each session.

UNAUTHORIZED ACCESS TO PASSWORD PROTECTED/SECURE AREAS

Access to and use of password protected and/or secure areas of the Site, Content and/or Services is restricted to authorized users only. Unauthorized individuals attempting to access the Site and/or these areas of the Site, Content and/or Services may be subject to criminal or civil prosecution or both.

INFORMATION COLLECTION AND USE

PRIVACY

By accessing or using the Site, Content and/or Services and/or permitting access to the Site, Content and/or Services by a Permitted Minor, or otherwise accepting or agreeing to these Terms of Use, you fully and completely agree to the terms and conditions of Pixton’s Privacy Policy and to any terms and conditions incorporated therein by reference. Pixton’s Privacy Policy sets out how, why and to what extent Pixton collects and uses your personal and non-personal information in connection with your access to or use of the Site, Content and/or Services. Pixton’s Privacy Policy, as amended from time to time, is available at https://www.pixton.com/privacy-policy.

By accessing or using the Site, Content and/or Services and/or permitting access to the Site, Content and/or Services by a Permitted Minor, or otherwise accepting or agreeing to these Terms of Use, you fully and completely agree to the terms and conditions of Pixton’s Data Processing Addendum and to any terms and conditions incorporated therein by reference. Pixton’s Data Processing Addendum sets out how you and Pixton intend to comply with applicable data processing, privacy and personal information laws, including permissions for Pixton to process personal information. The Data Processing Addendum, as amended from time to time, is available at https://www.pixton.com/data-processing-addendum.

TRANSMISSION OF PERSONAL DATA

In providing the Services, Pixton may process or transfer Personal Information to service providers located in Canada, the United States, or other countries, as described in its Privacy Policy.

Pixton will carry out such processing and transfers in accordance with applicable privacy laws and the commitments described in its Privacy Policy and Data Processing Addendum.

Acceptance of these Terms of Use does not replace any additional consent or authorization required under applicable law for the collection, use, disclosure, or international transfer of Personal Information.

Pixton will carry out such processing and transfers in accordance with applicable privacy laws and the commitments described in its Privacy Policy and Data Processing Addendum.

USE OF “COOKIES”

Pixton reserves the right to store information on a user’s computer in the form of a “cookie” or similar file for purposes of modifying the Site and the user’s experience to reflect users’ preferences only if it is allowed under the laws of your jurisdiction. The Privacy Policy provides additional information regarding Pixton’s use of cookies as well as procedures for disabling cookies.

USER GENERATED CONTENT

You may choose to share UGC outside of the Site through the “Share”, “Print”, and/or “Download” links on the Site.

You retain ownership of your original contributions to User Generated Content, subject to any applicable rights of third parties or educational institutions and Pixton's ownership of Pixton Content.

By creating, uploading, or submitting User Generated Content through Pixton, you grant Pixton a non-exclusive, worldwide, royalty-free license to host, store, reproduce, process, display, and transmit that content solely as reasonably necessary to provide, maintain, secure, and support the Services, including making content available to authorized educators, students, and other recipients in accordance with the sharing features and permissions selected by the user.

Pixton may permit its contracted service providers to process User Generated Content only as necessary to perform services on Pixton's behalf, subject to applicable contractual and privacy protections.

This license does not transfer ownership of your original User Generated Content to Pixton or authorize Pixton to sell your original work independently of the Services.

The license ends when the relevant content is deleted from Pixton's systems, except to the extent limited retention is necessary for backups, security, legal compliance, or other purposes permitted by the Privacy Policy and applicable law.

Pixton is under no obligation to review any material whatsoever including but not limited to information, images, comics or other user generated content shared by you or any other users and assumes no responsibility or liability relating to any such UGC. Notwithstanding the above, Pixton may from time to time monitor, and/or engage a third party to monitor, the UGC and it shall be a material violation of these Terms of Use for you and/or any Permitted Minor to share or attempt to share any UGC that contains or represents, as determined by Pixton acting in its sole discretion:

(a) any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, discriminatory (based on race, sex, religion, nationality, disability, sexual orientation or age) or otherwise objectionable material of any kind, including, but not limited to, any material which (i) is criminal or which encourages conduct that would constitute a criminal offence, (ii) gives rise to civil liability, (iii) constitutes an invasion of privacy, (iv) otherwise violates any applicable local, state, provincial, national or international law or (v) otherwise harms or can reasonably be expected to create a significant risk of harm to any person or entity;

(b) advertisements, solicitations or commercial messages or materials of any kind (whether for profit or not);

(d) personal information such as messages or text within comics which state phone numbers, government issued identification numbers, account numbers, addresses, or employer references;

(e) unauthorized messages purporting to be issued by employees or agents of Pixton it affiliates or subsidiaries and purporting to speak on behalf of Pixton it affiliates or subsidiaries or containing confidential information or expressing opinions concerning Pixton its affiliates or subsidiaries;

(f) materials that offer or encourage unauthorized downloads of any copyrighted or private information or which otherwise infringe or violate any right of a third party including, but not limited to, intellectual property rights, privacy rights, contractual rights, and confidentiality rights;

(g) materials which are antisocial, disruptive; or

(h) materials which in any way transmit any file that contains a virus, corrupted data, Trojan horse, keystroke logger, worm, time bomb, or other programming routines which are capable of tampering with, impairing, damaging, surreptitiously intercepting or mining, scraping or expropriating any system, data or personal information from the Site, Content and/or Service or connected network, and/or which disrupts the use and enjoyment of any of the Site, Content and/or Services or connected network by any person or entity.

Users must also comply at all times with Pixton’s Acceptable Use Policy, which forms part of these Terms of Use. Violations may result in suspension or termination of accounts.

USE OF ARTIFICIAL INTELLIGENCE (AI)

Certain Pixton features use artificial intelligence to assist users with activities such as creating instructional materials, finding visual content, and converting text to speech.

AI-supported features are optional where offered and are subject to Pixton's Privacy Policy, Acceptable Use Policy, and Responsible Use of AI policy.

Users must not intentionally submit personally identifiable information, including Student Personal Information, through AI features except where expressly permitted by Pixton and applicable law.

AI-generated outputs may contain errors, omissions, or inappropriate suggestions. Users are responsible for reviewing AI-generated material before using, publishing, or sharing it. Educators remain responsible for determining whether AI-generated material is appropriate for their students and educational objectives.

Educators may enable or disable AI-supported features for their classrooms where such controls are provided.

Pixton may engage third-party AI service providers to deliver these features, subject to the data processing and privacy protections described in its Privacy Policy.

E-COMMERCE TRANSACTIONS

Purchasing Eligibility

Only adults who have reached the age of majority in their jurisdiction, or authorized representatives of schools or other organizations, may enter into payment transactions with Pixton.

Student Sub-Account holders are not permitted to make purchases through their Student Sub-Accounts. Where a Solo User is a Minor, any purchase must be completed or authorized by an adult who is legally permitted to enter into the transaction.

Individual Subscriptions

Pixton offers recurring subscriptions, including monthly and annual subscription plans. The price, billing frequency, and features of each subscription are presented at the time of purchase.

By purchasing a recurring subscription, you authorize Pixton or its approved payment processor to charge your selected payment method for the applicable subscription fees and taxes at the beginning of each billing period.

Subscriptions automatically renew for successive billing periods of the same duration unless cancelled before the next renewal date, unless otherwise disclosed at the time of purchase.

Pixton will provide advance notice of changes to recurring subscription prices as required by applicable law. Price changes will not apply to a billing period that has already been paid for.

Cancellation of Recurring Subscriptions

You may cancel your recurring subscription at any time through your Pixton account settings or by contacting support@pixton.com if you are unable to access your account.

Unless otherwise required by law or expressly agreed by Pixton, cancellation takes effect at the end of the current paid billing period. You may continue accessing paid subscription features until that period expires.

Cancelling a subscription prevents future automatic renewals but does not automatically delete your account or previously created content.

Refunds

If you purchase a new recurring subscription, you may cancel the subscription and request a full refund within seven (7) calendar days of the initial purchase by contacting support@pixton.com. Eligible refunds will be processed within thirty (30) days.

After this initial seven-day period, subscription payments are generally non-refundable, except where required by applicable law or approved by Pixton on a case-by-case basis.

Cancellation of a subscription does not ordinarily entitle the purchaser to a prorated refund for the unused portion of a paid billing period.

Nothing in this section limits any statutory cancellation, refund, or consumer protection rights that cannot lawfully be excluded.

School and District Licenses

Pixton may offer fixed-term licenses to schools, school districts, and other educational organizations under separate quotes, purchase orders, invoices, or other accepted order documents.

Unless expressly stated otherwise in the applicable order, school and district licenses do not automatically renew. Renewal requires a new purchase or other affirmative authorization by the purchaser.

The applicable order determines the license term, pricing, covered schools or organizations, payment arrangements, and any additional commercially agreed conditions.

School and district purchases may be paid through payment methods approved by Pixton, including credit card, cheque or check, electronic funds transfer, direct deposit, or wire transfer, where available. Pixton may require a valid purchase order or other authorization for non-credit-card purchases.

Payments and Taxes

All fees are payable in the currency and manner specified at the time of purchase or in the applicable order. Purchasers are responsible for applicable taxes, except taxes based on Pixton's income.

You represent that you are authorized to use any payment method provided and agree to comply with the applicable payment processor's terms.

Order of Precedence

If an accepted written order or license agreement conflicts with these Terms of Use regarding pricing, payment, license duration, or the scope of a purchased license, the applicable order or license agreement will prevail for those specific matters.

The Data Processing Addendum will prevail over conflicting provisions concerning the processing of Personal Information to the extent specified in that Addendum.

DMCA NOTICES

In some instances, Pixton may allow Users to post content on our Site. Pixton responds to notices alleging copyright infringement that comply with the United States Digital Millennium Copyright Act (the “DMCA”). If you wish to make a DMCA claim, you must provide the following information in writing in your DMCA notice:

identify the copyrighted work that you claim has been infringed;

identify the material claimed to be infringing and where it is located;

provide reasonably sufficient information to allow us to contact you, such as your address, phone number and e-mail address;

provide a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or law;

provide a statement, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or are authorized to act on behalf of the owner; and

provide an electronic or physical signature of a person authorized to act on behalf of the copyright owner.

Pixton may provide you notice if your communication, post, submission or upload was removed as a result of Pixton receiving a DMCA notice from a copyright owner. If you receive notice from Pixton, you may provide a counter-notification in writing to Pixton’s designated DMCA agent through the means provided below.

DMCA notices can be sent to Pixton by emailing infringement@pixton.com or by mail:

Infringement Claims

Pixton Comics Inc.

PO Box 123

Qualicum Beach, BC, Canada

V9K 1S7

WARRANTIES AND LIMITATION OF LIABILITY

NO WARRANTIES

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, ALL CONTENT AND SERVICES ON OR THROUGH THE SITE, CONTENT AND/OR SERVICES ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. PIXTON DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH THE SITE, CONTENT, SERVICES BY ANY PARTY OTHER THAN PIXTON. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT. SOME JURISDICTIONS MAY NOT ALLOW DISCLAIMERS OF IMPLIED WARRANTIES AND THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU TO THE EXTENT DISCLAIMED.

LIMITATION OF LIABILITY FOR USE OF THE SITE AND CONTENT

To the fullest extent permitted by applicable law, Pixton and its affiliates, officers, directors, employees, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost business opportunities, or loss of data, arising from or related to the use of, or inability to use, the Site, Content, or Services.

To the fullest extent permitted by applicable law, Pixton's total aggregate liability for all claims arising from or relating to these Terms of Use or the Services will not exceed the greater of:

(a) the total fees paid to Pixton for the applicable Services during the twelve (12) months immediately preceding the event giving rise to the claim; or

(b) CAD $100.

These limitations apply regardless of the form of action, including contract, negligence, or other legal theories, and whether or not Pixton was advised of the possibility of such damages.

Nothing in these Terms of Use excludes or limits liability for fraud, wilful misconduct, death or personal injury caused by negligence where such liability cannot lawfully be limited, or any other liability or statutory right that cannot be excluded or limited under applicable law.

The limitations in this section apply only to the extent permitted by the laws of the jurisdiction applicable to the claim.

VIOLATIONS OF TERMS OF USE

You agree and acknowledge that Pixton may, in its sole and absolute discretion and without prior notice to you, terminate or suspend your access to the Site and your use of the Services, or any portion thereof, and/or cancel your Account if Pixton reasonably believes that you and/or a Permitted Minor have failed to strictly comply with these Terms of Use or that the use of the Site by you and/or a Permitted Minor violates the rights of any third party or any applicable laws. In addition to the foregoing, Pixton reserves the right to pursue all remedies available at law and in equity for violations of these Terms of Use, including but not limited to the right to block access from a particular Internet address to the Site. You agree and acknowledge that monetary damages may not be an adequate remedy for any violation of these Terms of Use by you and, without limiting any of Pixton’s other remedies, you hereby consent to, and authorize Pixton to obtain, an injunction or other equitable relief from any court of competent jurisdiction. You further authorize Pixton to disclose your personally identifiable information where reasonably necessary in connection with the foregoing.

Failure to comply with the Acceptable Use Policy constitutes a breach of these Terms of Use.

INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify and hold harmless Pixton, its affiliates, and their respective directors, officers, employees, and agents from third-party claims, liabilities, losses, damages, and reasonable legal expenses arising directly from:

(a) your material breach of these Terms of Use;

(b) your unlawful conduct or intentional misuse of the Site, Content, or Services; or

(c) User Generated Content you provide that infringes the intellectual property rights or other legal rights of a third party.

Where you use Pixton on behalf of a school or educational institution, this obligation applies only to acts, omissions, or breaches attributable to you or within your reasonable control.

Educators are not personally responsible under this section solely because a student uses Pixton through an Educator-managed Student Sub-Account, unless the relevant conduct was directed or authorized by the Educator or resulted from the Educator's own breach of these Terms of Use.

Pixton will provide reasonable notice of any claim subject to indemnification and will cooperate in its defense. The parties will consult regarding the defense and resolution of such claims, and neither party may agree to a settlement that imposes obligations on the other without that party's prior written consent, not to be unreasonably withheld.

This section applies only to the extent enforceable against the relevant individual or organization under applicable law.

UPDATES AND AMENDMENTS

UPDATES AND DISCONTINUANCE OF SITE, SOFTWARE OR SERVICES

You acknowledge and agree that the Site, Content and Services are under continual development and may include public patches and/or updates, which are generally available to all users, or private patches and/or updates which are available to a smaller number of users for testing and feedback before being made generally available. You further acknowledge and agree that you may be required to accept public patches and updates to the Site, Content and/or Services from time to time in order to continue to access the Site, Content and/or Services and your related Account(s). You acknowledge and agree that Pixton may update, modify, patch and/or discontinue any aspect of the Site, Content and/or Services, by remotely installing updates and patches or otherwise, without your consent or approval and with or without prior, or any, notice to you, unless such update involves the collection of additional personal information not previously consented to.

You acknowledge that it may be necessary for you to update or upgrade third party software, hardware and devices from time to time in order to continue to access and use the Site, Content and/or Services and your related Account(s). Pixton reserves the right to modify or increase the system specifications necessary to access and use the Site, Content and/or Services at any time and without notice and you are responsible for purchasing any necessary additional technology, systems or services in order to continue to access and use the Site, Content, Services and/or your related Account(s) in the event of any change in the system specifications.

Pixton may update or adjust the features, content, and settings available through the Services, including changes to visual assets, classroom functionality, and other tools. Any changes affecting User Generated Content or Personal Information will be handled in accordance with these Terms of Use, Pixton's Privacy Policy, and applicable law.

CHANGES TO PIXTON

Pixton reserves the right, acting in its sole discretion and with or without prior notice to you, to do any of the following:

(a) modify, suspend or terminate operation of, or access to, any portion, features or functions of the Site, Content and/or Services including, but not limited to, geographical availability and applicable policies or terms;

(b) make changes to fees or charges for future purchases and renewal periods, subject to any applicable notice requirements. Changes to fees for an existing paid license period will not take effect during that period unless expressly agreed by the purchaser or otherwise permitted under the applicable order or law;

(c) make changes to the equipment, hardware or software required to use and access the Site, Content and/or Services; and

(d) interrupt the Site, Content and /or Services, or any portion thereof, as necessary to perform routine or non-routine maintenance, error correction or other modifications.

TERMINATION

These Terms of Use remain effective until terminated by you or Pixton in accordance with their provisions.

You may discontinue use of Pixton and request deletion of your account through the methods made available by Pixton. Cancellation of a paid subscription is governed by the E-Commerce Transactions section and does not, by itself, terminate your account or require deletion of previously created content.

Educators may manage or remove Student Sub-Accounts associated with their classrooms using the controls provided by Pixton. Requests concerning the deletion of Student Personal Information may also be submitted in accordance with Pixton's Privacy Policy and applicable law.

Pixton may suspend or terminate access to the Site, Content, or Services where a user materially breaches these Terms of Use, violates applicable law, or engages in conduct that threatens the security or integrity of the Services or the safety of other users.

Upon termination, your right to access the affected Account and Services ends, subject to any continuing rights expressly provided in these Terms of Use.

You may retain and use previously downloaded or printed comics for personal and non-commercial educational purposes, subject to Pixton's intellectual property rights, applicable school policies, privacy laws, and any restrictions arising from a breach of these Terms of Use.

Termination does not automatically transfer ownership of User Generated Content or Pixton Content. The retention, export, and deletion of personal information are governed by Pixton's Privacy Policy, Data Processing Addendum where applicable, and relevant legal requirements.

GENERAL

INTERNATIONAL USE

This Site is operated from and Pixton is headquartered in the province of British Columbia, Canada. By electing to access this Site, Content and/or Services from any jurisdiction outside of Canada, you accept full responsibility for ensuring that your use of the Site, Content and/or Services is in compliance with all laws applicable within that other jurisdiction. Pixton makes no representation that materials and services available on or through the Site, Content and/or Services are appropriate or available for use in jurisdictions outside of Canada.

Pixton seeks to comply with the privacy laws applicable to its operations, including COPPA where applicable, and to support educational institutions in meeting their obligations under FERPA and other applicable student privacy laws.

GOVERNING LAW

These Terms of Use and your legal relationship with Pixton shall be governed by, and will be enforced, construed and interpreted in accordance with the laws of the province of British Columbia and the federal laws of Canada applicable therein, without regard to its conflicts of laws principles. These Terms of Use shall not be governed by the United Nations Convention on Contracts for the Sale of Goods. The controlling language of these Terms of Use is English.

WAIVER AND SEVERABILITY

The failure of Pixton to enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. In the event that any provision of these Terms of Use is held to be invalid or unenforceable by any court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible and the remaining provisions of the Terms of Use will remain in full force and effect. All remedies of Pixton hereunder shall be cumulative.

ASSIGNMENT

You may not assign any of your rights or obligations hereunder, whether voluntarily or by operation of law except with the prior express written consent of Pixton, which consent may be withheld in Pixton’s sole discretion, and any attempted assignment in violation of the foregoing is void. Pixton may assign any or all of its rights and obligations hereunder to an affiliate, subsidiary or a successor in title to the Site and/or the business and undertaking of Pixton.

ENUREMENT

These Terms of Use shall enure to the benefit of and be binding upon the parties and their respective heirs, executors, administrators, successors and permitted assigns.

FORCE MAJEURE

Pixton will not be liable for, or be considered to be in breach of or default under these Terms of Use on account of, any delay or failure to perform as required by these Terms of Use as a result of events beyond the reasonable control of Pixton, including without limiting the foregoing where the delay or failure is due to fires or fire related hazards, explosions, power outages, earthquakes, floods, spills, epidemics, acts of God, war or acts of war, acts of terrorism, riots, strikes, lockouts or other labour or contractor actions, acts of public authorities, or delays or defaults caused by common carriers, or other similar events which cannot reasonably be foreseen or provided against.

NOTICES

Pixton may provide notices and communications relating to these Terms of Use by email to the address associated with your Account, through an in-product notification, or by posting a notice on the Site, as appropriate.

Notices concerning material changes to these Terms of Use will be provided in accordance with the Acceptance of Terms and Revisions section. Notices concerning personal information or privacy matters will be provided in accordance with Pixton's Privacy Policy and applicable law.

You are responsible for maintaining accurate contact information associated with your Account.

Notices are deemed delivered when transmitted or made available through the applicable method, except where applicable law requires a different notice procedure or delivery period.

DISPUTE RESOLUTION

You and Pixton agree that any dispute, claim or controversy arising out of or relating to these Terms of Use, any policy referred to herein, or the breach, termination, enforcement, interpretation or the validity thereof, or the use of the Site, Content, Services or Content (collectively, the “Disputes”) will be settled by binding arbitration, except that each party retains the right to (i) bring an individual action in the British Columbia Provincial Court (Small Claims Division) if the action is within the jurisdiction of that court and (ii) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, confidential information or other intellectual property or proprietary rights. You acknowledge and agree that you and Pixton are each irrevocably waiving the right to a trial by jury and the right to participate as a plaintiff or a class member in any purported class action or similar representative proceeding. Further, unless you and Pixton expressly agree in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of class or representative proceeding. This “Dispute Resolution” section shall survive any termination of these Terms of Use.

Any arbitration conducted pursuant to this Dispute Resolution section shall be conducted before a single arbitrator in accordance with the Vancouver International Arbitration Centre (VanIAC) Domestic Arbitration Rules, as amended from time to time. The legal seat of arbitration shall be Vancouver, British Columbia, Canada.

ENTIRE AGREEMENT

These Terms of Use, together with Pixton's Privacy Policy, Acceptable Use Policy, Data Processing Addendum where applicable, and any accepted written order or separate license agreement, constitute the agreement between you and Pixton concerning your access to and use of the Site, Content, and Services.

These documents supersede prior oral or written understandings concerning the same subject matter, except where the parties have expressly agreed otherwise in writing.

In the event of a conflict between these documents, the order-of-precedence provisions in the E-Commerce Transactions section and Data Processing Addendum will apply.

SURVIVAL

The provisions of these Terms of Use which require or contemplate performance after the expiration or termination of these Terms of Use shall remain enforceable notwithstanding such expiration or termination.

RELATIONSHIP

The relationship between the parties is that of independent contractors and neither party shall have the authority to bind the other in any way.