Terms of Use
Last revised: June 3, 2026
THIS TERMS OF USE AGREEMENT (the "Agreement") constitutes a legally binding agreement between Pikzels LLC, a limited liability company organized under the laws of the State of Delaware, with a mailing address at 28 Geary St STE 650 PMB 506, San Francisco, CA 94108, United States (referred to as "Pikzels"), & the users of its AI text & image-generating tool (the "Users"), regarding access to & use of the AI tool (the "Tool") & any other media form, channel, mobile website, or mobile application related, linked, or otherwise connected thereto.
This Agreement sets forth the legally binding terms & conditions governing the Users' use of the Tool. Failure to agree with & adhere to all terms, conditions & obligations herein will result in the immediate termination of the User's access to the Tool & the cessation of this Agreement.
This Agreement sets forth the legally binding terms & conditions governing the Users' use of the Tool. Failure to agree with & adhere to all terms, conditions & obligations herein will result in the immediate termination of the User's access to the Tool & the cessation of this Agreement.
01. Intellectual Property Rights
Unless otherwise indicated, the Tool & all content generated by the Tool, including but not limited to texts, images, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork & computer code (collectively, the "Content"), are owned, controlled, or licensed by Pikzels. The Content is protected by copyright, trademark & other intellectual property rights & laws. Except as expressly provided in this Agreement, no part of the Tool & no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without Pikzels' express prior written consent.
Unless otherwise indicated, the Tool & all content generated by the Tool, including but not limited to texts, images, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork & computer code (collectively, the "Content"), are owned, controlled, or licensed by Pikzels. The Content is protected by copyright, trademark & other intellectual property rights & laws. Except as expressly provided in this Agreement, no part of the Tool & no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without Pikzels' express prior written consent.
02. User Responsibility for Copyrighted Content
In using the Tool to create Projects, Users must respect intellectual property rights & ensure all content, including images & characters, complies with legal requirements. Users are solely responsible for avoiding the unauthorized use of copyrighted materials, including but not limited to cartoon characters, celebrities, famous artwork, trademarked logos, or any proprietary content. Pikzels is not liable for the inclusion of such materials in Users' Projects. It is the User's responsibility to ensure they have the necessary rights or licenses for any third-party assets used. In case of legal issues arising from the use of copyrighted or proprietary materials, the User agrees to indemnify & hold harmless Pikzels against any claims, damages, expenses, or liabilities.
In using the Tool to create Projects, Users must respect intellectual property rights & ensure all content, including images & characters, complies with legal requirements. Users are solely responsible for avoiding the unauthorized use of copyrighted materials, including but not limited to cartoon characters, celebrities, famous artwork, trademarked logos, or any proprietary content. Pikzels is not liable for the inclusion of such materials in Users' Projects. It is the User's responsibility to ensure they have the necessary rights or licenses for any third-party assets used. In case of legal issues arising from the use of copyrighted or proprietary materials, the User agrees to indemnify & hold harmless Pikzels against any claims, damages, expenses, or liabilities.
02.1 Recreate & Adapted Thumbnails
Pikzels features such as Recreate let Users adapt the layout or format of an existing thumbnail into new work. Users are solely responsible for ensuring they hold the rights to any source thumbnail, image, or design they upload, paste, or reference, & for ensuring their output does not copy or reproduce protected elements such as logos, trademarks, watermarks, fonts, characters, artwork, or another creator's likeness. Recreate is intended to help Users build on proven formats & ideas, not to copy, clone, or pass off a third party's protected work as their own. Pikzels provides the Tool only & assumes no responsibility for the source material Users choose or for the outputs they generate, distribute, or publish. In case of any claim arising from such use, the User agrees to indemnify & hold harmless Pikzels against any claims, damages, expenses, or liabilities.
Pikzels features such as Recreate let Users adapt the layout or format of an existing thumbnail into new work. Users are solely responsible for ensuring they hold the rights to any source thumbnail, image, or design they upload, paste, or reference, & for ensuring their output does not copy or reproduce protected elements such as logos, trademarks, watermarks, fonts, characters, artwork, or another creator's likeness. Recreate is intended to help Users build on proven formats & ideas, not to copy, clone, or pass off a third party's protected work as their own. Pikzels provides the Tool only & assumes no responsibility for the source material Users choose or for the outputs they generate, distribute, or publish. In case of any claim arising from such use, the User agrees to indemnify & hold harmless Pikzels against any claims, damages, expenses, or liabilities.
02.2 Personas & Likeness Rights
Pikzels features such as Personas let Users train & reuse a likeness across their thumbnails. Users represent & warrant that any face, person, or likeness they upload, train, or apply is their own, or that they have obtained explicit consent & all rights necessary from the individual depicted. Users must not create or use a Persona, or apply any face, from a public figure, celebrity, or any other person without authorization, & must not use the Tool to impersonate, defame, or create misleading or deceptive content involving any individual. Users are solely responsible for how they use any likeness generated through the Tool. In case of any claim arising from the use of a likeness, the User agrees to indemnify & hold harmless Pikzels against any claims, damages, expenses, or liabilities.
Pikzels features such as Personas let Users train & reuse a likeness across their thumbnails. Users represent & warrant that any face, person, or likeness they upload, train, or apply is their own, or that they have obtained explicit consent & all rights necessary from the individual depicted. Users must not create or use a Persona, or apply any face, from a public figure, celebrity, or any other person without authorization, & must not use the Tool to impersonate, defame, or create misleading or deceptive content involving any individual. Users are solely responsible for how they use any likeness generated through the Tool. In case of any claim arising from the use of a likeness, the User agrees to indemnify & hold harmless Pikzels against any claims, damages, expenses, or liabilities.
03. Ownership of Materials
All original content created by the Tool at the behest of the User, including but not limited to customized images & graphics ("Projects"), shall be the exclusive property of the User. However, Pikzels retains a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use such Projects for marketing, research, development & other business purposes. This includes the right to modify, reproduce, distribute, display & perform such Projects.
All original content created by the Tool at the behest of the User, including but not limited to customized images & graphics ("Projects"), shall be the exclusive property of the User. However, Pikzels retains a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use such Projects for marketing, research, development & other business purposes. This includes the right to modify, reproduce, distribute, display & perform such Projects.
04. Third-Party Assets Responsibility
In the event that any Project created using the Tool incorporates third-party assets that are not owned by Pikzels, such as fonts, images, or other materials necessitating a commercial license for legal use ("Third-Party Assets"), it is the sole responsibility of the User to ensure that they have obtained all necessary licenses & rights to use these Third-Party Assets. The User agrees to comply with any terms & conditions associated with these Third-Party Assets. Pikzels explicitly disclaims any responsibility or liability for the legal use of Third-Party Assets incorporated into the Projects by the User. In case of any legal issues or claims arising from the use of Third-Party Assets, the User agrees to indemnify & hold harmless Pikzels against any claims, damages, expenses, or liabilities.
In the event that any Project created using the Tool incorporates third-party assets that are not owned by Pikzels, such as fonts, images, or other materials necessitating a commercial license for legal use ("Third-Party Assets"), it is the sole responsibility of the User to ensure that they have obtained all necessary licenses & rights to use these Third-Party Assets. The User agrees to comply with any terms & conditions associated with these Third-Party Assets. Pikzels explicitly disclaims any responsibility or liability for the legal use of Third-Party Assets incorporated into the Projects by the User. In case of any legal issues or claims arising from the use of Third-Party Assets, the User agrees to indemnify & hold harmless Pikzels against any claims, damages, expenses, or liabilities.
05. User Representations
By using the Tool, Users affirm that they have the legal capacity & authority to enter into this Agreement & to comply with all terms herein. Users represent that they are not minors in their jurisdiction of residence & will not access the Tool through any automated, non-human means, whether through a bot, script, or otherwise. Users further covenant that their use of the Tool will not involve any illegal or unauthorized purpose & will not violate any applicable law or regulation.
By using the Tool, Users affirm that they have the legal capacity & authority to enter into this Agreement & to comply with all terms herein. Users represent that they are not minors in their jurisdiction of residence & will not access the Tool through any automated, non-human means, whether through a bot, script, or otherwise. Users further covenant that their use of the Tool will not involve any illegal or unauthorized purpose & will not violate any applicable law or regulation.
06. Prohibited Activities
Users are strictly prohibited from using the Tool for any purpose other than as intended by Pikzels. The Tool shall not be used for any commercial endeavors unrelated to the services provided by Pikzels. Users agree to refrain from engaging in prohibited activities, which include but are not limited to unauthorized access to the Tool, using the Tool to create or disseminate content that is illegal, offensive, racist, or controversial, data mining or scraping, interference with the Tool's security features, unauthorized linking or framing to the Tool, engaging in fraudulent or deceptive practices, disrupting the operations or network of Pikzels, competing with Pikzels, attempting to decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Tool, bypassing any measures Pikzels may use to prevent or restrict access to the Tool, harassing or threatening Pikzels' employees or agents, removing copyright notices from any content, uploading or transmitting viruses or other harmful, disruptive, or destructive files & engaging in any activity contrary to applicable laws & regulations.
Users are strictly prohibited from using the Tool for any purpose other than as intended by Pikzels. The Tool shall not be used for any commercial endeavors unrelated to the services provided by Pikzels. Users agree to refrain from engaging in prohibited activities, which include but are not limited to unauthorized access to the Tool, using the Tool to create or disseminate content that is illegal, offensive, racist, or controversial, data mining or scraping, interference with the Tool's security features, unauthorized linking or framing to the Tool, engaging in fraudulent or deceptive practices, disrupting the operations or network of Pikzels, competing with Pikzels, attempting to decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Tool, bypassing any measures Pikzels may use to prevent or restrict access to the Tool, harassing or threatening Pikzels' employees or agents, removing copyright notices from any content, uploading or transmitting viruses or other harmful, disruptive, or destructive files & engaging in any activity contrary to applicable laws & regulations.
07. User Feedback
Any & all feedback, comments, suggestions, ideas, enhancement requests, recommendations, or other information provided by Users in connection with the Tool ("Feedback") shall be solely owned by Pikzels. Users hereby assign to Pikzels all rights in the Feedback & agree that Pikzels shall have the right to use and fully exploit such Feedback & related information in any manner it deems appropriate. Pikzels is under no obligation to maintain any Feedback in confidence, to pay compensation for any Feedback, or to respond to any Feedback.
Any & all feedback, comments, suggestions, ideas, enhancement requests, recommendations, or other information provided by Users in connection with the Tool ("Feedback") shall be solely owned by Pikzels. Users hereby assign to Pikzels all rights in the Feedback & agree that Pikzels shall have the right to use and fully exploit such Feedback & related information in any manner it deems appropriate. Pikzels is under no obligation to maintain any Feedback in confidence, to pay compensation for any Feedback, or to respond to any Feedback.
08. Management & Oversight
Pikzels reserves the unequivocal right to monitor & supervise the use of the Tool to ensure compliance with these Terms of Use. Pikzels may, at its sole discretion, restrict access to the Tool, take any necessary legal action against anyone who violates the terms of this Agreement & cooperate with law enforcement authorities in prosecuting Users who violate the law.
Pikzels reserves the unequivocal right to monitor & supervise the use of the Tool to ensure compliance with these Terms of Use. Pikzels may, at its sole discretion, restrict access to the Tool, take any necessary legal action against anyone who violates the terms of this Agreement & cooperate with law enforcement authorities in prosecuting Users who violate the law.
09. Privacy Policy
By agreeing to these Terms of Use, Users acknowledge & consent to the collection & use of their information as outlined in Pikzels' Privacy Policy. The Tool is hosted & operated in the United States & Users accessing the Tool from other jurisdictions do so at their own risk & are responsible for compliance with local laws pertaining to online conduct & acceptable content, including laws relating to the transmission of data exported from the country in which they reside.
By agreeing to these Terms of Use, Users acknowledge & consent to the collection & use of their information as outlined in Pikzels' Privacy Policy. The Tool is hosted & operated in the United States & Users accessing the Tool from other jurisdictions do so at their own risk & are responsible for compliance with local laws pertaining to online conduct & acceptable content, including laws relating to the transmission of data exported from the country in which they reside.
10. Refunds Policy
All purchases on Pikzels are final. We do not offer refunds for subscriptions or additional credit purchases. This includes monthly, yearly, and one-time credit top-ups.
Because Pikzels delivers instant value and most users start with free credits before deciding to upgrade, we keep things simple and transparent with a no-refund policy. It allows us to focus fully on improving the product for active users, rather than spending time handling refund abuse or edge cases.
You’re always in control—subscriptions can be cancelled anytime via your customer portal, and you’ll retain access to the platform and any remaining credits until the end of your billing cycle.
All purchases on Pikzels are final. We do not offer refunds for subscriptions or additional credit purchases. This includes monthly, yearly, and one-time credit top-ups.
Because Pikzels delivers instant value and most users start with free credits before deciding to upgrade, we keep things simple and transparent with a no-refund policy. It allows us to focus fully on improving the product for active users, rather than spending time handling refund abuse or edge cases.
You’re always in control—subscriptions can be cancelled anytime via your customer portal, and you’ll retain access to the platform and any remaining credits until the end of your billing cycle.
10.1 Chargebacks
Filing a chargeback or payment dispute with your bank or card issuer will result in immediate account termination without refund for the remaining subscription period. Any unused credits will be forfeited. If you have a billing concern, please contact us at support@pikzels.com before initiating a dispute and we will work to resolve it promptly.
Filing a chargeback or payment dispute with your bank or card issuer will result in immediate account termination without refund for the remaining subscription period. Any unused credits will be forfeited. If you have a billing concern, please contact us at support@pikzels.com before initiating a dispute and we will work to resolve it promptly.
10.2 Promotional Offers
Pikzels may periodically offer promotional subscription deals exclusively for new users. These offers are subject to the following conditions:
Pikzels may periodically offer promotional subscription deals exclusively for new users. These offers are subject to the following conditions:
- Eligibility: Promotional offers are available only to new users or as otherwise specified at the time of the offer.
- Abuse Prevention: Pikzels reserves the right to monitor usage for potential abuse. Any activity deemed as misuse—such as creating multiple accounts or any other attempt to circumvent offer restrictions—will result in immediate cancellation of the subscription without a refund.
- Modification or Termination: Pikzels reserves the right to modify, suspend, or terminate any promotional offer at any time without prior notice.
11. Termination
Pikzels reserves the right to terminate or suspend any User's account, subscription, and access to the Tool at any time, with or without cause, with or without notice, effective immediately. Reasons for termination may include, but are not limited to:
Pikzels reserves the right to terminate or suspend any User's account, subscription, and access to the Tool at any time, with or without cause, with or without notice, effective immediately. Reasons for termination may include, but are not limited to:
- Violation of these Terms of Use
- Fraudulent, abusive, or illegal activity
- Non-payment of fees
- At Pikzels' sole discretion for any reason
- Access to the Tool will cease immediately
- Any unused credits, whether purchased or accumulated, will be forfeited
- User-generated content may be deleted at Pikzels' discretion
12. Credit Reset & Rollover Option
Pikzels offers a flexible credit system to ensure you maximize the value of your subscription:
Pikzels offers a flexible credit system to ensure you maximize the value of your subscription:
- Credit Reset: By default, your allocated credits reset on your subscription renewal date, applicable to both monthly & yearly subscriptions. Unused credits do not carry over to the next billing period, unless you select the 'Credit Rollover' option.
- Credit Rollover Option: At the time of checkout, you have the opportunity to choose the 'Credit Rollover' feature. This option allows your unused credits to accumulate & never reset, ensuring you retain every credit you've purchased or earned for as long as your subscription remains active.
- Usage of Credits: Please remember, all credits, whether rolled over or allocated monthly, require an active subscription for use.
13. Credit Tier Rewards
As part of our commitment to rewarding loyalty among our users, Pikzels introduces Credit Tier Rewards for subscribers to our Premium & Ultimate packages. This rewards system is designed to increase the credit allocation for the first four months of subscription as follows (actual credit amounts may vary and supersede the numbers listed below):
Premium Package Credit Allocation:
Ultimate Package Credit Allocation:
Yearly Subscriptions: Subscribers opting for yearly billing will benefit from the fourth-month credit allocation multiplied by 12, upfront. Subscription Cancellation: Please note, if a subscription is canceled & subsequently renewed, the credit tier allocation will reset. The subscriber will begin again at the initial credit allocation for their package, progressing through the tier increases month by month. This initiative reflects our appreciation for your continued support & commitment to enhancing your experience with Pikzels.
As part of our commitment to rewarding loyalty among our users, Pikzels introduces Credit Tier Rewards for subscribers to our Premium & Ultimate packages. This rewards system is designed to increase the credit allocation for the first four months of subscription as follows (actual credit amounts may vary and supersede the numbers listed below):
Premium Package Credit Allocation:
- Month 1: 1000 credits
- Month 2: 1100 credits
- Month 3: 1300 credits
- Month 4 & onward: 1500 credits
Ultimate Package Credit Allocation:
- Month 1: 3000 credits
- Month 2: 3300 credits
- Month 3: 3900 credits
- Month 4 & onward: 4500 credits
Yearly Subscriptions: Subscribers opting for yearly billing will benefit from the fourth-month credit allocation multiplied by 12, upfront. Subscription Cancellation: Please note, if a subscription is canceled & subsequently renewed, the credit tier allocation will reset. The subscriber will begin again at the initial credit allocation for their package, progressing through the tier increases month by month. This initiative reflects our appreciation for your continued support & commitment to enhancing your experience with Pikzels.
14. Modification of Terms & Tool
Pikzels reserves the right, at its sole discretion, to modify, alter, or otherwise update these Terms of Use & the Tool at any time. Such modifications shall become effective immediately upon posting. Users agree to review these Terms of Use periodically to be aware of such modifications & their continued access or use of the Tool shall be deemed their conclusive acceptance of the modified Terms of Use.
Pikzels reserves the right, at its sole discretion, to modify, alter, or otherwise update these Terms of Use & the Tool at any time. Such modifications shall become effective immediately upon posting. Users agree to review these Terms of Use periodically to be aware of such modifications & their continued access or use of the Tool shall be deemed their conclusive acceptance of the modified Terms of Use.
15. Connection Interruptions
Pikzels does not warrant that the Tool will be uninterrupted or error-free & acknowledges that hardware, software, or other problems or damage to Users’ systems may result in loss of data or other interruptions. In no event shall Pikzels be responsible for any loss, damage, or inconvenience suffered by Users due to such interruptions or lack of availability of the Tool.
Pikzels does not warrant that the Tool will be uninterrupted or error-free & acknowledges that hardware, software, or other problems or damage to Users’ systems may result in loss of data or other interruptions. In no event shall Pikzels be responsible for any loss, damage, or inconvenience suffered by Users due to such interruptions or lack of availability of the Tool.
16. Governing Law
This Agreement & any action related thereto shall be governed by & construed in accordance with the laws of the State of Delaware, United States, without giving effect to any choice or conflict of law provision or rule.
This Agreement & any action related thereto shall be governed by & construed in accordance with the laws of the State of Delaware, United States, without giving effect to any choice or conflict of law provision or rule.
17. Legal Jurisdiction
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Tool shall be instituted exclusively in the state or federal courts located in Delaware, United States & each party consents to the jurisdiction of such courts.
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Tool shall be instituted exclusively in the state or federal courts located in Delaware, United States & each party consents to the jurisdiction of such courts.
18. Disclaimer
The Tool is provided on an “as is” & “as available” basis. Pikzels expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Pikzels makes no warranty that the Tool will meet Users’ requirements or that the Tool will be uninterrupted, timely, or error-free.
The Tool is provided on an “as is” & “as available” basis. Pikzels expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Pikzels makes no warranty that the Tool will meet Users’ requirements or that the Tool will be uninterrupted, timely, or error-free.
19. Limitations of Liability & Indemnification
Pikzels, its directors, employees, partners, agents, suppliers, or affiliates, shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from Users' access to or use of or inability to access or use the Tool. Users agree to defend, indemnify & hold harmless Pikzels & its licensee & licensors & their employees, contractors, agents, officers & directors, from & against any & all claims, damages, obligations, losses, liabilities, costs or debt & expenses (including but not limited to attorney's fees), resulting from or arising out of a) their use & access of the Tool, b) breach of any term of these Terms of Use.
Pikzels, its directors, employees, partners, agents, suppliers, or affiliates, shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from Users' access to or use of or inability to access or use the Tool. Users agree to defend, indemnify & hold harmless Pikzels & its licensee & licensors & their employees, contractors, agents, officers & directors, from & against any & all claims, damages, obligations, losses, liabilities, costs or debt & expenses (including but not limited to attorney's fees), resulting from or arising out of a) their use & access of the Tool, b) breach of any term of these Terms of Use.
20. User Data
Users are solely responsible for the data they transmit or that relates to any activity they have undertaken using the Tool. Pikzels is not responsible for the loss or corruption of such data, and Users hereby waive any right of action against Pikzels for any such loss or corruption.
Users are solely responsible for the data they transmit or that relates to any activity they have undertaken using the Tool. Pikzels is not responsible for the loss or corruption of such data, and Users hereby waive any right of action against Pikzels for any such loss or corruption.
21. Electronic Communications, Transactions & Signatures
Users consent to receive electronic communications from Pikzels and agree that all agreements, notices, disclosures & other communications that Pikzels provides electronically, via email and on the Tool, satisfy any legal requirement that such communication be in writing. Users further agree to the use of electronic signatures, contracts, orders & other records & to electronic delivery of notices, policies & records of transactions initiated or completed by Pikzels or through the Tool.
Users consent to receive electronic communications from Pikzels and agree that all agreements, notices, disclosures & other communications that Pikzels provides electronically, via email and on the Tool, satisfy any legal requirement that such communication be in writing. Users further agree to the use of electronic signatures, contracts, orders & other records & to electronic delivery of notices, policies & records of transactions initiated or completed by Pikzels or through the Tool.
22. Showcasing Work
Pikzels reserves the right to display, showcase, or use for marketing purposes any work created using the Tool, unless specifically agreed otherwise with the User.
Pikzels reserves the right to display, showcase, or use for marketing purposes any work created using the Tool, unless specifically agreed otherwise with the User.
23. Referrals
Referral tracking & payouts are handled through our third-party partner, FirstPromoter.com.
Referral tracking & payouts are handled through our third-party partner, FirstPromoter.com.
24. Third-Party Partnerships
Referral tracking, payments & other partnerships are managed through third-party partners. Users acknowledge that these partners may have access to certain necessary data for the functioning of these partnerships & agree to such access as part of their use of the Tool.
Referral tracking, payments & other partnerships are managed through third-party partners. Users acknowledge that these partners may have access to certain necessary data for the functioning of these partnerships & agree to such access as part of their use of the Tool.
25. Miscellaneous
These Terms of Use, together with any amendments & any additional agreements Users may enter into with Pikzels in connection with the Tool, shall constitute the entire agreement between Users and Pikzels regarding the Tool. The failure of Pikzels to enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. If any provision of these Terms of Use is held to be invalid or unenforceable by a court, the remaining provisions of these Terms of Use will remain in effect.
These Terms of Use, together with any amendments & any additional agreements Users may enter into with Pikzels in connection with the Tool, shall constitute the entire agreement between Users and Pikzels regarding the Tool. The failure of Pikzels to enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. If any provision of these Terms of Use is held to be invalid or unenforceable by a court, the remaining provisions of these Terms of Use will remain in effect.
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