General Terms and Conditions (GTC)

General Terms and Conditions (GTC) for the Use of Pixelfox.cc

Status: September 2025

Section 1 — Scope and Contracting Party

(1) These General Terms and Conditions (GTC) govern the use of the online service “Pixelfox.cc” hereinafter referred to as “Pixelfox” or the “Provider”. Pixelfox is an image hosting service that enables registered users to upload, store and share digital image files. The contracting party is the operator of Pixelfox, as identified in the legal notice/imprint. By registering or using the service, the user accepts these GTC.

(2) The law of the Federal Republic of Germany applies. For consumers residing in the EU, mandatory consumer protection provisions of their country of residence remain unaffected.

(3) The contract is concluded upon completion of registration. There is no entitlement to the conclusion of a contract; the Provider may reject registrations or uploads. User accounts are personal and non-transferable.

Section 2 — Registration, User Account and Age Restriction

(1) Registration is required to use the upload functions. The user must provide truthful information and update any changes without undue delay. Only one account per person is permitted.

(2) Minimum age: 18 years. The user confirms that they are of legal age. The Provider may use age verification measures.

(3) The user must protect their login credentials. Actions carried out through the account are deemed to have been initiated by the user. Suspicious use must be reported to the Provider without undue delay.

(4) The account may only be used by the registered user. Sharing login credentials or allowing third parties to use the account is prohibited.

(5) The user may terminate the free account at any time; the Provider will deactivate and delete the account within a reasonable period, without prejudice to statutory retention obligations. Fees already paid will not be refunded pro rata, subject to statutory rights. In the event of serious or repeated breaches, the Provider may terminate the contract without notice.

Section 3 — Scope of Services

(1) Pixelfox provides storage and retrieval options for images. A unique URL is generated for each image. Embedding via direct links, hotlinking, is generally part of the service. The user is responsible for publishing and distributing the links.

(2) Free basic use: Uploading and sharing are available to a limited extent. Usage restrictions, such as storage, file size, bandwidth, number of uploads and similar limits, may be defined and adjusted. There is no entitlement to specific features.

(3) Paid packages, Premium: Extended services, for example more storage/bandwidth, less/no advertising, extended API, in accordance with the applicable service description. The provisions in Section 7 also apply.

(4) API: Access via API key is possible. API usage may be counted against quotas. Misuse, for example mass uploads, excessive requests or disruption of availability, is prohibited. The Provider may restrict or block API access and impose additional terms of use.

(5) Advertising: The Provider is entitled to display advertising within the free offering. Advertising is currently not displayed; this may be introduced in the future. Premium plans may be ad-free or ad-reduced.

(6) Availability: High availability is aimed for but not guaranteed. Maintenance, disruptions or further development may temporarily restrict use. Users should keep their own backup copies of important images.

(7) Changes to the service: The Provider may expand, change or restrict features, in particular for improvement purposes or to adapt to legal or technical developments. In the event of a material restriction during an active Premium subscription, users will be informed in good time; a special right of termination exists.

Section 4 — User Obligations; Prohibited Content and Conduct

(1) The user must act in accordance with the law and the contract and must respect third-party rights, including copyright, trademark, personality and data protection rights, as well as criminal and youth protection laws.

(2) Prohibited content includes, in particular:

• pornographic content and other sexually explicit content, including depictions of sexual acts, clearly sexualized nudity, fetish/hardcore content and comparable content,
• depictions of sexual exploitation, nude images or intimate content without the consent of the person concerned, in particular “revenge porn”,
• content involving minors in a sexualized context, which is absolutely prohibited,
• glorification of violence, extremist/inciting content, calls to commit crimes, hate speech and insults,
• anti-constitutional symbols, unless legally permitted,
• copyright and trademark infringements, violations of personality rights and data protection rights,
• fraudulent or otherwise unlawful content, as well as malware.

The Provider may also remove or block content if it is not obviously unlawful but, based on an objective assessment, violates these GTC, in particular the ban on pornography, or endangers Pixelfox or third parties.

(3) Abusive use is prohibited, in particular spam, identity misuse, circumvention of security measures, excessive or automated access outside permitted API use, actions intended to impair stability/availability, and technical circumvention of limits.

(4) Consequences: The Provider may delete or block content, temporarily or permanently suspend accounts and API access, and terminate the contractual relationship for cause without notice. Statutory reporting and disclosure obligations remain unaffected.

(5) Reports: Users should report suspicious or unlawful content without undue delay. Legitimate infringing content will be removed or blocked promptly.

(6) Indemnification: The user indemnifies the Provider against third-party claims resulting from legal violations attributable to the user, including reasonable legal enforcement costs.

Section 5 — Content, Rights of Use and Removal

(1) No general monitoring: The Provider does not review user content in advance and does not adopt it as its own. Upon becoming aware of specific legal violations, content will be removed or blocked.

(2) Rights to content: Rights to uploaded images remain with the user. The user grants the Provider simple, geographically unrestricted rights necessary for the duration of the contract in order to provide the service, including storage, reproduction for operational/backup/cache purposes, technical processing such as thumbnails, format conversion and compression, and making the content publicly accessible where intended by the user through sharing or linking.

(3) Visibility: Content may be public, unlisted or private, where available. Public content may be indexed by search engines. After deletion, third-party copies may continue to exist outside the Provider’s control.

(4) Removal/blocking: The Provider is entitled to remove or block content where there are specific indications of violations of the law or these GTC, and to inform the user of this where reasonable.

(5) Retention period: Content is generally stored until deleted by the user. Inactive or very old content that has not been accessed may be deleted after prior notice. After the end of the contract, content may be deleted completely.

Section 6 — Data Protection

(1) The Privacy Policy available on the website applies and contains information pursuant to the GDPR.

(2) For security and abuse prevention reasons, IP addresses and upload times may be logged and linked to the user account.

(3) Data is disclosed to authorities only where legally required or based on an official or court order.

(4) Authorized employees may access content for specific reasons, for example for legal review or removal, and are obliged to maintain confidentiality.

(5) Cookies/trackers may be used. Non-essential cookies are only set with consent; settings can be managed in the cookie banner or browser.

Section 7 — Terms for Paid Services, Premium

(1) Conclusion of contract: By ordering a Premium package, the user submits a binding offer. The contract is concluded upon confirmation by the Provider.

(2) Scope of services: The scope results from the current service description. Adjustments are possible; material deteriorations will be communicated in good time, and a special right of termination may exist.

(3) Subscription/term: As a rule, automatic renewal for the respective period applies unless terminated in due time.

(4) Termination: The subscription may be terminated at the end of the respective term, via the account function or in text form. In the event of termination, the package remains active until the end of the period and is then downgraded to the Free plan. Termination without notice for good cause remains unaffected.

(5) Prices/payment: Prices include statutory VAT. Payment is due in advance for each billing period. Payment processing is carried out via “Patreon Subscriptions” (Patreon). Additional terms of the payment service provider may apply to the payment. The Provider of Pixelfox remains the relevant contracting party for the Premium service; the payment service provider is used only for processing. In the event of late payment or failed payment, Premium functions may be blocked or downgraded to the Free plan; further claims remain reserved.

(6) Set-off/right of retention: Set-off is only permitted with undisputed or legally established claims; a right of retention may only be exercised in relation to the same contractual relationship.

(7) Start of service: Activation generally takes place without undue delay after payment confirmation.

(8) Right of withdrawal for consumers: Consumers have a 14-day right of withdrawal for distance contracts, beginning from the conclusion of the contract. A clear declaration within the withdrawal period is sufficient to exercise this right. The Provider will refund payments within 14 days of receipt of the withdrawal. The right of withdrawal may expire prematurely for digital content/services if the user expressly agrees that performance should begin before the expiry of the withdrawal period and confirms their knowledge of the expiry of the right of withdrawal; where services have already been provided, compensation for value may be payable. Separate withdrawal information is provided during the order process.

Section 8 — Liability

(1) The user is solely liable for user content; the Provider is liable for third-party content only in accordance with statutory provisions after becoming aware of the legal violation.

(2) No liability is assumed for temporary unavailability or data loss to the extent permitted by law. Users should keep their own backup copies.

(3) Unlimited liability applies in cases of injury to life, body or health, intent and gross negligence, under the Product Liability Act, and in cases of guarantee and fraudulent concealment.

(4) In cases of simple negligence, the Provider is liable only for breach of essential contractual obligations and limited to typical, foreseeable damage.

(5) Maximum liability in cases of simple negligence: fees paid during the last 12 months, at least EUR 100; for free use, EUR 100. Cases of unlimited liability are excluded from this limitation.

(6) The limitations also apply in favor of legal representatives, employees and vicarious agents. This does not imply a reversal of the burden of proof.

Section 9 — Contract Term, Termination, Discontinuation of the Service

(1) Free user relationship: Indefinite term; terminable by either party at any time.

(2) Premium contracts: Term and termination are governed by Section 7.

(3) Discontinuation: The Provider may discontinue the service for good cause and will inform users at least 30 days in advance. Prepaid fees will be refunded on a pro rata basis. Users should back up their data before discontinuation.

Section 10 — Amendment of These GTC

(1) The Provider may amend these GTC for valid reasons with effect for the future, for example due to changes in law, case law, feature adjustments or to close regulatory gaps.

(2) Amendments will be communicated in text form at least six weeks before they take effect. If the user does not object within six weeks, they are deemed accepted; the user will be informed of this. In the event of an objection, both parties may terminate the user relationship.

(3) Price changes for ongoing Premium contracts will be announced in good time; the provisions in Section 7 apply.

Section 11 — Final Provisions

(1) Severability clause: The invalidity of individual provisions does not affect the validity of the remaining provisions; the statutory provisions apply in their place.

(2) Communication: Text form, for example email, is sufficient unless a stricter form is required by law. The contact address is provided in the legal notice/imprint. The user must keep their email address up to date.

(3) No waiver: Failure to enforce a right does not constitute a waiver of that right.

(4) Place of jurisdiction: If the user is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction is the Provider’s registered office, see legal notice/imprint. In all other cases, the statutory places of jurisdiction apply.

(5) Notice on online dispute resolution: The European Commission provides a platform for online dispute resolution. The Provider is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board. Provider contact: [email protected].