Terms of Service

BY PURCHASING OR USING PRODUCTS, SOFTWARE OR SERVICES OFFERED BY ALOKIN LLC OR ITS AFFILIATES (“PIXELY.IN”), YOU ACCEPT AND AGREE THAT YOU ARE OF THE LEGAL AGE OF MAJORITY IN YOUR COUNTRY OF RESIDENCE AND HAVE CAREFULLY READ THESE TERMS OF SALE AND SERVICE (“TERMS”), UNDERSTAND THEM, AND CONSENT TO BE LEGALLY BOUND BY THEM TO THEIR FULLEST EXTENT. IF YOU DO NOT WANT TO AGREE TO THE TERMS, YOU MUST NOT USE ANY OF THE ALOKIN LLC PRODUCTS, SOFTWARE OR SERVICES.

These Terms, on the Privacy Policy (“Privacy Policy”) and any other Alokin LLC’s policies as may be published from time to time, constitute the entire legal agreement between you and Alokin LLC (“the Parties”) with respect to any purchase of a Product (as defined below).

1. Definitions
   1. “Confidential Information” shall mean all information or data of a confidential or proprietary nature, whether or not patentable, that has been or will be disclosed to you, including without limitation, know-how, trade secrets, technology information, technical information, software, code, internal information, specifications, methods, inventions, processes, developments or any other data or information that a reasonable person would consider confidential.
   2. “Alokin LLC Materials” shall mean tutorials, help files, manuals, marketing and promotional materials and any other Alokin LLC content available to customers as part of the Product purchase.
   3. “Force Majeure Events” shall mean any failure or delay of performance under these Terms caused by reasons or circumstances beyond Alokin LLC’s control, including without limitation, act of war, act of God, earthquake, hurricane, epidemic, COVID – 19 effects, tornado, fire, flood, failure or delay of third parties to perform their contractual obligations towards Alokin LLC, or other catastrophic, unpredictable or natural events beyond Alokin LLC’s control.
   4. “Intellectual Property Rights” shall mean all intellectual property rights of any kind and nature, including copyrights, design, industrial property and patent rights applicable under local laws, foreign laws and international treaties, related to or in connection with the Product and any associated services thereof, including without limitations, all inventions (patentable and non-patentable), works, copyrightable materials, software, trademarks, logos, service marks, trade names, domain names, specifications, text, code, files, graphics, images, videos, audio content, visual content, audio visual content,
   5. “Product” shall mean any Alokin LLC products, services, and systems, including without limitation, Hardware, Alokin LLC Master Materials, Software and any related documents, deliverables and services of any kind.
2. Orders, Payment and Warranty
1. Each purchase order (“Order”) submitted by you and received by Alokin LLC will constitute a legal contract between you and Alokin LLC which shall be governed by the terms and conditions of these Terms and by any applicable addenda, whether or not these documents are referenced on the Order. Any additional or conflicting terms and conditions will not be effective unless agreed in writing by Alokin LLC.
2. All due amounts invoiced will be paid in the currency specified on the applicable invoice, and prepaid by you as a primary condition before any delivery of Product. You will bear any costs, charges and expenses associated with the shipping, purchase and delivery of the Product, including all country, provincial, government, state and local sales, use, goods and services, value added, excise, privilege and similar levies or taxes.
3. All deposits (including any initial deposits paid upon submitting an Order), fees and payments paid or payable for the Product are non refundable and non cancellable.
4. All purchases are final, and Products are non returnable to the extent permitted by law.
5. You may choose to use financing or personal loans services, provided by third parties, in order to complete the payment process. It is hereby clarified that Alokin LLC has no control or liability over those companies’ services or practices, and you assume all risks associated with your use of such services.
3. Intellectual Property
1. All Intellectual Property Rights shall be fully owned by Alokin LLC
2. You will not copy, distribute, sell, rent, display, make publicly available, decompile, disassemble, commercially use, reverse engineer, combine with other materials, translate, modify or create derivative works based on any Intellectual Property Rights, unless expressly permitted by these Terms or you have received Foto Master’s written consent.
4. Support and Upgrades Services
1. The fees for the Subscription Term (“Subscription Fees”) will be paid through Alokin LLC’s designated payment processor(s) (e.g. Stripe), and are subject to their service terms and conditions. The Subscription Fees are non-refundable and non cancellable, to the extent permitted by applicable law.
2. The Subscription Fees may be changed from time to time, as per Alokin LLC’s sole discretion.
3. You agree that the Subscription Term will automatically be renewed on a yearly basis at the same price, unless otherwise has been notified to you (“Auto Renewal Term”).
4. You will be able to terminate the Auto Renewal Term prior to the expiration of the current term at any time, by simply changing the relevant setting at your payment processor’s account used for the payment. 
5. Alokin LLC makes reasonable efforts to give you an appropriate service. However, Alokin LLC does not and cannot guarantee or warrant that all the issues addressed to its support team will be resolved or will never show up again.
5. Limitation of Liability
1. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ALOKIN LLC OR ITS RESPECTIVE AFFILIATES, EMPLOYEES, MANAGERS AND LICENSORS BE LIABLE TO YOU OR OTHER THIRD PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL AND CONSEQUENTIAL DAMAGES OR LOSSES OF ANY KIND OR NATURE, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, SAVINGS, INVESTMENTS OR TIME ARISING OUT OF OR IN CONNECTION WITH ALOKIN LLC’S FAILURE OR DELAY TO PERFORM ANY OF ITS OBLIGATIONS UNDER THESE TERMS, FOR WHATSOEVER REASON, WHETHER SUCH DAMAGES OR LOSSES ARE BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND EVEN IF ALOKIN LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
2. TO THE EXTENT THE AFOREMENTIONED STATEMENTS CANNOT BE DISCLAIMED UNDER THE APPLICABLE LAW, ALOKIN LLC’S ENTIRE LIABILITY AND YOUR SOLE REMEDY FOR ALL CLAIMS RELATED TO OR ARISING OUT OF THIS TERMS FOR ANY CAUSE AND FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT, STATUTORY OR OTHERWISE, INCLUDING NEGLIGENCE AND STRICT LIABILITY, WILL NOT EXCEED THE AMOUNT OF THE PURCHASE PRICE PAID BY YOU FOR THE PRODUCT. THIS LIMITATION OF LIABILITY WILL BE EFFECTIVE EVEN IF ALOKIN LLC OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR VIOLATIONS.
6. Use of the Product
1. Your use of the Product is limited solely to your personal business use. You shall not sell, resell, license, sub-license, lease, assign, transfer or otherwise distribute the Software and the Alokin LLC’s Materials to any other third party, or use the Product for illegal, harmful or offensive purposes.
2. You will not purchase Products for resale or reproducing purposes unless you have received Alokin LLC’s prior written approval.
3. The operation of some Products may require you to have a device aligned with certain system requirements. Non alignment with these requirements may limit your ability to use those Products.
7. Force Majeure
1. Alokin LLC shall not be liable for any Force Majeure Event. However, Alokin LLC will use reasonable efforts to mitigate the effect of Force Majeure Events on its obligations under these Terms.
2. It is hereby clarified and agreed that in the event of a Force Majeure Event, all deposits, payments and other fees paid or payable by you under these Terms are non refundable and non cancellable, and will continue to be in effect to their fullest extent.
8. Confidentiality
1. You shall keep in strict confidence all Confidential Information related to or associated with the Product, and shall not disclose it to any third party without the prior written consent of Alokin LLC.
9. Indemnity
1. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS ALOKIN LLC AND ITS AFFILIATES, EMPLOYEES, DIRECTORS, AGENTS AND REPRESENTATIVES FROM ANY AND ALL CLAIMS, LOSSES, COSTS, DAMAGES, EXPENSES AND LIABILITIES, INCLUDING REASONABLE ATTORNEYS’ FEES AND SETTLEMENT COSTS, ARISING OUT OF OR IN CONNECTION WITH ANY BREACH OF THESE TERMS BY YOU OR BY OTHER THIRD PARTY ACTING ON YOUR BEHALF.
2. THE PROVISIONS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THESE TERMS.
10. Termination
1. These Terms shall remain in effect until being terminated by Alokin LLC due to one or more of the following reasons: (a) you breach any of the provisions of these Terms and fail to cure such breach within five days written notice; (b) you infringe any of Alokin LLC’s rights under these Terms, including without limitation, Intellectual Property and confidentiality rights; (c) you knowingly damage Alokin LLC’s business or other commercial interests; or (d) you become insolvent, file a bankruptcy petition, or institute proceedings for liquidation.
2. Upon termination of these Terms, you shall cease using the Software and any related services, including without limitation, Alokin LLC’s Materials and subscription programs.
3. Termination of these Terms, for whatsoever reason, will not affect your obligation to pay any due payments, fees and amounts accrued prior to the termination. You agree to pay such payments no later than the date of termination. No refund shall be available for any unused prepaid deposits or other payments.
11. Privacy
1. Alokin LLC cares about your privacy rights. The Privacy Policy describes our practices of collecting, processing, sharing and transferring your personal information. You agree to these practices, including the storage of your personal information on servers and data centers located in the United States. You acknowledge that the laws, regulations, and standards of the countries in which your personal information is stored or processed may be different from those of your own country.
12. Governing Law and Dispute Resolution
1. Without derogating from the above, all claims, disputes and litigation which might arise between you and our Delaware affiliate, ALOKIN, LLC, with respect to (i) payments and deposits; and (ii) Online delivery of Products, shall be brought in the courts of Wilmington, State of Delaware, USA, and shall be exclusively governed by the laws of the State of Delaware, without giving effect to any conflicts of laws requiring the application of other jurisdictions. You and Alokin LLC hereby consent to the personal jurisdiction in the aforementioned courts.
2. Alokin LLC shall have the exclusive right to seek injunctive or equitable relief with respect to any violation of these Terms in the jurisdiction where you are located or operating business.
3. You agree to not object to the jurisdiction of the aforementioned courts based on any ground, including without limitation, improper venue or forum non conveniens.
4. Before initiating a legal proceeding, each Party agrees to try to settle the dispute by sending a written notice to the other Party. If the dispute is not resolved within seven days of notice or as otherwise agreed by the Parties, each Party may initiate a legal proceeding
13. Class Action Waiver
1. You agree to resolve all disputes with Alokin LLC on an individual basis only, and to not bring a claim as a plaintiff or a class member in a class, collective, consolidated or representative action, to the extent permitted by law.
14. Severability
1. If any provision of these Terms is held by a court of competent jurisdiction to be void, invalid, unenforceable or illegal, such provision shall be severed from these Terms and the remaining provisions will remain in full force and effect.
15. Miscellaneous
1. Alokin LLC may update these terms and conditions or any part thereof at any time without prior notice to you.
2. If any provision of these Terms is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable, the remaining provisions of these Terms shall continue in full force and effect.
3. Alokin LLC is entitled to assign or transfer its rights and obligations under these Terms or to any third party, in its sole discretion. You shall not be entitled to assign these Terms or any part of your obligations and rights hereunder to any third party without the prior written consent of Alokin LLC.
4. If a license, consent or other regulatory permission is required to perform your obligations under these Terms, then you shall fulfill such requirement at your own expense.
16. Communications
1. Alokin LLC may communicate with you with marketing materials via email, phone, mail, Skype, social media account or any other communication means provided to Alokin LLC by you. You have the right to ask Alokin LLC to stop receiving marketing materials at any time, by sending a request to: [email protected] or by using the unsubscribe option contained in those communications.
2. Alokin LLC will be entitled to contact you at any time with informative communications concerning its legitimate interests, finance issues or other matters required by the applicable law.
17. Notice
1. Notices must be sent via email or personal delivery, and are deemed given when received by the receiving party. Notices to Alokin LLC must be sent to Alokin LLC Legal at [email protected]