End User License Agreement

1. Acceptance of these terms

This End User License Agreement ("EULA") is a legal agreement between you and zbilt ("we", "us") for the PiXplain mobile application and any related documentation (the "App"). By downloading, installing or using the App, you agree to be bound by this EULA. If you do not agree, do not install or use the App.

2. License

Subject to your compliance with this EULA, we grant you a personal, worldwide, royalty-free, non-transferable, non-exclusive and revocable license to install and use the App on devices that you own or control, for your personal or internal business use.

3. Things you may not do

You agree not to:

• copy, modify, reverse engineer, decompile or attempt to extract the source code of the App, except to the extent this restriction is prohibited by applicable law;
• rent, lease, sell, sublicense or otherwise commercially redistribute the App itself;
• remove or alter any proprietary notices; or
• use the App in any way that breaks the law or this EULA.

4. Your content & acceptable use

PiXplain lets you select or capture photos, annotate them, and export or import projects as HTML reports or .pixplain files. The photos, titles, comments and files you create, open or share ("Your Content") remain yours. You are solely responsible for Your Content and for ensuring you have the rights to use and share it.

You must not create, store, share or import any content that:

• is unlawful, or depicts, promotes or facilitates child sexual abuse or the exploitation or endangerment of minors (CSAE) — this is strictly prohibited and may be reported to the competent authorities;
• is sexually explicit or pornographic, or is obscene, hateful, harassing, violent or threatening;
• infringes the intellectual-property, privacy, publicity or other rights of any person; or
• contains malware or is intended to harm, deceive or defraud others.

We have a zero-tolerance policy toward child sexual abuse and exploitation material.

5. Sharing, imported files & reporting

PiXplain works offline and has no accounts, no servers and no in-app feed. Content only leaves your device when you choose to share a file through your device's standard share dialog, and an imported .pixplain file is a file you chose to open — much like an e-mail attachment. We neither host nor distribute Your Content and have no access to it.

If someone shares content with you through the App that you believe is illegal or abusive, please stop using it and report it to us at [email protected]. We will review reports and take appropriate action, which may include reporting illegal content to the authorities.

6. Intellectual property

The App, including its design, code, logos and trademarks, is owned by zbilt and protected by intellectual-property laws. Except for the license granted above, this EULA gives you no rights in the App.

7. Privacy

PiXplain stores your projects locally on your device. How your data is handled is described in our Privacy Policy, which forms part of this EULA.

8. Disclaimer of warranties

The App is provided "as is" and "as available", without warranties of any kind, whether express or implied, including fitness for a particular purpose and non-infringement. We do not warrant that the App will be uninterrupted, error-free or that data will never be lost. You are responsible for keeping your own backups of important content.

9. Limitation of liability

To the maximum extent permitted by law, zbilt shall not be liable for any indirect, incidental, special or consequential damages, or for loss of data or profits, arising out of or relating to your use of the App. Nothing in this EULA limits liability that cannot be limited under applicable law (for example for intent or gross negligence, or for injury to life, body or health).

10. Termination

This EULA applies until terminated. Your license ends automatically if you breach it. You may end it at any time by uninstalling the App. Provisions that by their nature should survive termination will survive.

11. Changes, governing law & contact

We may update this EULA from time to time; the current version is always available at this page. Continued use of the App after changes take effect means you accept the updated EULA. This EULA is governed by the laws of the Federal Republic of Germany, without prejudice to mandatory consumer-protection rules of your country of residence.

Contact: zbilt — E-mail: [email protected] · Abuse reports: [email protected] · Postal address: see the Imprint.