By accessing and using our platform, you agree to comply with and be bound by these Terms of Service. Please read them carefully before proceeding.
These Pluxia Terms of Use (“Terms”) constitute a legally binding agreement between you and Pluxia GmbH, Am Ausserberg 73, 4125 Riehen, Switzerland, governing the utilization of the website accessible at Pluxia (referred to as the “Website”) and the Pluxia mobile application (referred to as the “App”). Within these Terms, Pluxia may be referenced as “Pluxia”, “Company”, “we”, or “us”. The collective reference to the Website, App, and any accompanying content, tools, features, and functionality is denoted as the “Services”. These Terms regulate your access to and usage of the Services and the Pluxia user experience with its three core sections: “Create”, “Play”, and “Watch”. The “Create” section empowers users to craft stories, games, and educational modules with AI, making content creation accessible to all in “Play”. “Play” provides interactive, AI-customized experiences, from narrative adventures to learning activities tailored to individual preferences. The “Watch” feature allows users to view playthroughs and tutorials, fostering a cycle of creation and engagement. It is imperative that you peruse these Terms meticulously, as they encompass critical information pertaining to your legal rights. By accessing or utilizing the Services, you affirm your acceptance of these Terms. Should you fail to comprehend or consent to these Terms, kindly refrain from using the Services. Within these Terms, the terms “you” and “your” denote the individual user of the Services. Should you employ the Services on behalf of a corporation or another legal entity, “you” encompasses both yourself and said entity. By doing so, you assert and affirm that i) you possess the requisite authority as an authorized representative of the entity to bind it to these Terms, and ii) you consent to these Terms on behalf of said entity.
All content available on or generated through the Services, including but not limited to text, images, audio, or video (whether user-submitted, third-party, or AI-generated), is provided solely for entertainment purposes. Such content is not intended to serve as, nor should it be relied upon for, medical, legal, financial, or other professional advice. AI-generated content does not represent the opinions, views, or endorsements of Pluxia, and Pluxia assumes no responsibility or liability for any inaccuracies, offensive material, psychological distress, or other harm that may arise from the use of or exposure to such content.
To use most features of the Services, you must register for an account. When you sign up, you agree to provide accurate, complete, and up-to-date information about yourself, such as your name, username, email address, birth date, or other contact details. You must include your birth date so we can filter content to ensure it’s appropriate for your age. You’re responsible for keeping this information current. To register, you must meet these eligibility requirements:
If you’re registering on behalf of a company, organization, or other entity, you confirm that you have the authority to bind that entity to these Terms, and both you and the entity agree to be bound by them. Individuals under 13 years old are not allowed to register or use the Services. We use your birth date to restrict access to content that may be inappropriate for your age, as outlined in the Pluxia Data Protection and Privacy Policy.
You bear sole responsibility for safeguarding the confidentiality of your account credentials and password, as well as for all activities conducted under your account. In the event of any unauthorized use of your password or account, or any breach of security, you are obligated to promptly notify Pluxia. Furthermore, you agree to ensure the termination of your session upon conclusion of each access instance to the Services. It is expressly acknowledged that Pluxia shall bear no liability for any loss or damage arising from your failure to adhere to the aforementioned obligations.
You acknowledge Pluxia’s prerogative to establish overarching practices and constraints governing the utilization of the Services. These may encompass, inter alia, determinations regarding the maximum duration for which data or other content shall be retained by the Services, as well as the maximum storage capacity allocated on servers maintained by Pluxia on your behalf. You expressly recognize that Pluxia assumes no responsibility or liability for the deletion or failure to store any data or content managed or uploaded to the Services. Moreover, you acknowledge the discretionary authority vested in Pluxia to terminate accounts that have remained inactive for an extended duration. It is further acknowledged that Pluxia retains the right to modify these general practices and constraints at its sole discretion, with or without prior notification.
Pluxia offers and accepts on-platform points (“Plumes”) as a form of digital currency for use within the Services. Certain features of the Services, including but not limited to premium content, subscriptions, or enhanced functionalities, may require you to pay with Plumes. Plumes are non-refundable except as required by applicable law or as outlined in the "Refunds" section below. In addition to these Terms, your purchase and use of Plumes are subject to the Pluxia Plumes Terms and Conditions which are incorporated into these Terms by this reference. Pluxia reserves the right to modify the availability, pricing, or functionality of Plumes at its sole discretion, with or without prior notice, subject to applicable law.
In addition to consenting to adhere to the Pluxia Community Rules integrated herein, you acknowledge and agree to abide by the following conditions while utilizing the Services. You bear sole responsibility for all content you furnish to the Services. When reference is made to “submitting content” and analogous terms, it encompasses any material you endeavour to publish, transmit, or distribute, including but not limited to text, images, sounds, video, graphics, information, or other data. Your utilization of the Services may be contingent upon license and usage constraints. You undertake not to submit any content that:
You also agree not to engage in any of the following activities in connection with your utilization of the Services:
You may not use, acquire, or distribute Plumes except through the Services and as expressly allowed by Pluxia. Any attempt to do so (e.g., through third-party services or unauthorized means) violates these Terms, voids any related transactions, and may lead to immediate suspension or termination of your account and your right to use Plumes or the Services. Pluxia does not recognize or take responsibility for third-party services that allow users to sell, transfer, purchase, or otherwise use Plumes outside the Services, and any such use is prohibited. Only users who have reached the age of majority in their jurisdiction may purchase Plumes or engage in other real-money transactions on the Services. You are prohibited from engaging in activities designed to unfairly accrue or "farm" Plumes beyond what’s reasonable for typical use of the Services. These prohibited activities include, but are not limited to:
Pluxia reserves the right to review account activity, determine if behavior constitutes prohibited conduct, and take action, such as suspending or terminating accounts, revoking Plumes, or banning users from future Plumes-related activities, at our sole discretion.
To the extent that Pluxia opts to provide assistance for voice or audio functionalities, you hereby undertake not to engage in any of the following actions during the course of your utilization of the Services:
Pluxia retains the right to conduct an inquiry and implement suitable measures against any individual whom Pluxia determines, at its sole discretion, to have contravened the aforementioned provisions. Such actions may encompass, without limitation, the removal of content from the Services, suspension, or termination of your account, and notification of relevant authorities for legal enforcement.
Upon submitting content to the Services, including any AI Content or AI Generations as defined in "AI content generation," you affirm and warrant that you possess all right, title, and interest in and to said content (inclusive of, without limitation, all copyrights, and rights of publicity), or that you have acquired all requisite permissions, clearances, and authorizations to submit it to the Services for the purposes outlined in these Terms. In submitting such content, you maintain any ownership rights in said content that were initially held. You hereby grant Pluxia an unrestricted, worldwide, royalty-free, fully paid-up, transferable, sublicensable, perpetual, irrevocable license, to the maximum extent permitted by law, to copy, display, upload, perform, distribute, transmit, make available, store, modify, exploit, commercialize, and otherwise utilize the content for any Pluxia-related objective in any format, medium, or technology currently known or later devised, including, but not limited to, facilitating the operation, enhancement, and provision of the Services. You assent that these rights and licenses encompass the provision of content to third parties with whom we maintain contractual relationships, and to otherwise allow access to or disclosure of the content to third parties if we deem such access necessary or appropriate. Though not obligatory, we reserve the right to access, review, screen, edit, modify, and delete your content at any juncture and for any reason, including to provide and enhance the Services or if we determine the content breaches these Terms or any pertinent laws.
As a creator (“Creator”), you may make your User Content available to other Users for purchase via “Plumes”. You may determine the pricing for your offerings at your discretion, and all purchase prices will be as stated. To comply with our tax obligations, we may collect tax identification information from you and, where required by law, report this information and your earnings to tax authorities. If mandated by applicable law, Pluxia will issue you a Form 1099-K (or equivalent documentation) at year-end. For such purposes, Pluxia will treat all Creator earnings as derived from the sale of goods or services. You are responsible for providing accurate tax identification information when requested and for reporting and remitting any income, withholding, or other earnings-based taxes that may be due as a result of your earnings on Pluxia. Pluxia may be responsible for collecting and remitting transactional taxes, including but not limited to Value Added Tax, Goods and Services Tax, or other local service or sales taxes in non-US jurisdictions, as well as state sales taxes in the United States, where applicable. In such locales, invoices presented to Users and payments processed from them will include the tier or custom payment amount plus the applicable tax.
If you create automated AI content (“AI Content”) using the Services in accordance with these Terms, you retain, to the extent legally possible, all right, title, and interest in said AI Content. Likewise, between you and Pluxia, you own, to the extent legally possible, any text, images, audio, or video generated by the AI Content (“AI Generations”) elicited by you. However, you bear sole responsibility for ensuring that your AI Content and AI Generations do not infringe upon any third-party intellectual property rights, including copyrights, trademarks, or rights of publicity. You affirm and warrant that you have all necessary rights, permissions, or legal bases (e.g., fair use or equivalent exceptions) to create, use, and publish such AI Content and AI Generations on the Services without violating any applicable laws or third-party rights. Pluxia does not claim ownership of your AI Content or AI Generations but is not responsible for any copyright or other legal issues arising from them.
You hereby grant Pluxia an unrestricted, worldwide, royalty-free, fully paid-up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, transmit, make available, store, access, modify, exploit, commercialize, and otherwise utilize the AI Content and all AI Generations elicited by you for any purpose in any format, medium, or technology currently known or later devised, including, but not limited to, (i) facilitating other users’ interaction with the AI Content and eliciting AI Generations, and (ii) promoting the Services on or off-platform. If you interact with AI Content created by Pluxia or another user in accordance with these Terms, you own, to the extent legally possible, the AI Generations elicited by you from said AI Content (excluding the AI Content itself or other AI Generations, which remain the property of Pluxia or the relevant third-party owner(s), as appropriate), subject to the same responsibility for ensuring no infringement occurs. You grant Pluxia the same license as above for these AI Generations. Pluxia assumes no liability for any infringement, legal disputes, or damages resulting from your AI Content or AI Generations, and you agree to evaluate and assume all risks associated with their creation, use, and publication.
You acknowledge and agree that the Services may incorporate content or features safeguarded by copyright, patent, trademark, trade secret, or other proprietary rights and laws. In conjunction with your use of the Services, you shall refrain from engaging in or utilizing any data mining, robots, scraping, or comparable automated data collection or extraction methodologies. Should we bar your access to the Services (inclusive of blocking your IP address), you undertake not to employ any measures to circumvent said blocking (e.g., by concealing your IP address or utilizing a proxy IP address). Any use of the Services or content on the Services beyond that specifically authorized herein is strictly prohibited. All rights not explicitly granted herein are reserved by us. The Pluxia name and logos constitute trademarks of Pluxia (collectively the “Pluxia Trademarks”). Other trademarks showcased or utilized via the Services may belong to their respective proprietors, who may or may not endorse or be affiliated with or connected to Pluxia. Nothing in these Terms or the Services shall be construed as conferring any license or right to utilize any Pluxia Trademarks without our prior written consent on each occasion. All goodwill stemming from the utilization of Pluxia Trademarks shall accrue exclusively to our benefit.
Under no circumstances shall Pluxia be held liable for any content or materials originating from third parties, including stories created by third parties, any consequent generations, and outputs from APIs used by Pluxia for image generation, text generation, and speech generation from various providers. This encompasses, but is not confined to, infringement of intellectual property rights, inaccuracies or omissions in any content, and any loss or damage of any nature incurred as a result of utilizing any such content. You acknowledge that we do not pre-screen content and that AI-generated interactions, by their very nature and through the use of third-party APIs, are unpredictable and may yield inaccurate or offensive generations. You agree that you must evaluate and assume all risks associated with the utilization of any content or generations. You should not predicate reliance on the accuracy or comprehensiveness of statements made in content or generations, and should you choose to do so, you acknowledge that it is at your own risk. You recognize that we possess the right (though not the obligation) at our sole discretion to decline or erase any content (comprising content, stories, and generations) available via the Services. Without limiting the foregoing, we reserve the right to eliminate any content that contravenes these Pluxia Terms of Use or is otherwise deemed objectionable by us, at our sole discretion. You acknowledge and consent that any questions, comments, suggestions, ideas, feedback, or other information pertaining to the Services provided by you to Pluxia are non-confidential, and that we are entitled to employ and disseminate them for any purpose, without acknowledgment or remuneration to you. You acknowledge and consent that we may retain content and metadata in adherence to applicable law and the Pluxia Data Protection and Privacy Policy. You acknowledge and consent that Pluxia may disclose content and/or metadata if legally mandated to do so or if, in good faith, deems such retention or disclosure reasonably necessary to: i) comply with legal process, pertinent laws, or governmental requests; ii) enforce these Terms; iii) address claims of content infringement by third parties; or iv) safeguard the rights, property, or personal safety of Pluxia, its users, and the public.
Pluxia does not control and has no obligation to monitor: (a) content you submit to the Services ("User Content"); (b) content made available by third parties; or (c) how users use the Services. You acknowledge and agree that Pluxia reserves the right, at its sole discretion, to monitor any information transmitted or received through the Services for operational, compliance, or other purposes, and to moderate all User Content. This may include examining, recording, copying, or using such information in accordance with the Pluxia Data Protection and Privacy Policy. Even if Pluxia chooses to monitor or moderate content, we assume no responsibility or liability for that content or for any loss or damage resulting from its use.
Our moderators may flag User Content or users at their reasonable discretion, considering context and intent while enforcing these Terms and the Pluxia Community Rules. If User Content is flagged or reported by a user or content owner as violating these Terms, Pluxia may investigate and decide, at our sole discretion, whether to block, filter, mute, remove, or disable access to that content, which we can do at any time without notice. For clarity, Pluxia does not permit infringing or prohibited activities on the Services, as outlined in "User conduct conditions." We may take these actions without liability to the user who submitted the content or to other users.
As a customer, you may be eligible for a refund of Plumes or monetary payments under the following circumstances:
Refunds for platform services or purchased content will be issued in Plumes and credited to your account upon request or within a reasonable time, unless otherwise required by law. Monetary refunds, where applicable, will be processed in accordance with the original payment method or as otherwise determined by Pluxia. All refund decisions are at Pluxia’s sole discretion, subject to applicable legal requirements.
Pluxia facilitates payments for Plumes, Creator Content, and other Services through third-party payment processors. You may purchase Plumes or subscribe to monthly Services (e.g., premium access or Creator subscriptions) using accepted payment methods as indicated on the Website or App. All transactions are subject to the terms of the applicable payment processor. Monthly subscription services will automatically renew unless cancelled by you through your account settings at least 24 hours before the renewal date. You are responsible for any fees or charges imposed by your payment provider.
Pluxia reserves the right to determine pricing for the Services, including Plumes, subscriptions, and other features. We will make reasonable efforts to keep pricing information published on the Website or App up to date, and we encourage you to check our pricing page(s) periodically for current details. Pluxia may change the fees for any feature of the Services, including adding new fees or charges, with reasonable prior notice provided via the Services or email before they apply, except where immediate adjustments are required by law, operational necessity, or where prohibited by applicable law. At our sole discretion, Pluxia may offer promotional deals with different features or pricing to certain users. These offers, unless specifically made to you, do not apply to your account.
Pluxia respects the intellectual property rights of others, and we request that our users do the same. Should you believe that your work has been copied in a manner constituting copyright infringement, or that your intellectual property rights have been otherwise violated, you should apprise Pluxia of your infringement claim in accordance with the procedure delineated below.
Pluxia shall investigate and address notices of purported infringement and shall undertake appropriate actions in accordance with the applicable intellectual property laws (including, but not limited to, the US Digital Millennium Copyright Act, “DMCA”) concerning any alleged or actual infringement. A copyright infringement notification may be submitted through our website: Visit our homepage, select the Pluxia Help Desk link, then choose the DMCA link to submit a copyright infringement notification. In addition, you may mail a written notification of alleged copyright infringement to: Pluxia GmbH, Am Ausserberg 73, 4125 Riehen, Switzerland. For a notification to be considered valid, it must be submitted in writing (submitting a copyright infringement notification through Pluxia’s Website suffices) and include the following particulars:
Should you believe that your content was removed or disabled owing to a copyright infringement notice, and you contest the allegation of copyright infringement, you should dispatch a written counter-notice with the following:
Upon receipt of a counter-notification, Pluxia shall furnish a copy thereof to the original complainant, notifying them of our intent to reinstate the removed or disabled content within 20 business days unless the original complainant informs us of their initiation of a legal action concerning the content.
In conformity with applicable legislation, Pluxia has implemented a policy whereby, under suitable circumstances and at our exclusive discretion, users identified as repeat infringers are subject to termination. Additionally, Pluxia reserves the right, at its sole discretion, to curtail access to the Services or terminate the registrations of any users found to infringe upon the intellectual property rights of others, regardless of whether such infringement is recurrent.
The Services or third parties may furnish links or other means of access to additional sites and resources on the Internet or to third party applications. Pluxia does not exercise control over such sites, resources, or applications and does not endorse them. You recognize and consent that Pluxia bears no responsibility or liability, whether direct or indirect, for any damage or loss resulting from reliance on any content, events, goods, or services available on or through such sites, resources, or applications. Any transactions or interactions you undertake with third parties while utilizing the Services are solely between you and the third party, and you acknowledge that Pluxia is not accountable for any loss or claim you may incur against any such third party.
You agree to release, indemnify, and hold harmless Pluxia and its affiliates, as well as their officers, employees, directors, and agents, from any and all losses, damages, and expenses arising from or related to your utilization of the Services, including, without limitation, any claims of copyright infringement or other intellectual property violations stemming from your AI Content or AI Generations. This includes reasonable attorneys’ fees, rights, claims, and actions of any nature, including injury (including death) arising from or relating to your use of the Services.
Your utilization of the Services (including, but not limited to, the Pluxia Companion) is solely at your own risk. The Website is presented on an “as is” and “as available” basis. Pluxia explicitly disclaims all warranties of any kind, whether express, implied, or statutory, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Pluxia makes no warranty that: i) the Services will meet your requirements; ii) the Services will be uninterrupted, timely, secure, or error-free; or iii) the outcomes obtained from the use of the Services will be accurate or reliable.
You comprehend and agree that Pluxia will not be liable for any indirect, incidental, special, consequential, or exemplary damages, or damages for loss of profits, including but not limited to damages for loss of goodwill, use, data, or other intangible losses (even if Pluxia has been apprised of the possibility of such damages), whether grounded in contract, tort, negligence, strict liability, or otherwise, resulting from: i) the use or inability to use the Services; ii) your access, use, creation of, or interaction with any content, AI Content, or AI Generations; iii) your sharing with any third party of any content, AI Content, or AI Generations; iv) unauthorized access to or alteration of your transmissions or data; v) statements or conduct of any third party (including users) on the Services; or vi) any other matter relating to the Services. In no event will Pluxia’s total liability to you for all damages, losses, or causes of action exceed the greater of: i) CHF 200.00; or ii) the amount you paid Pluxia (if any) in connection with your use of the Services.
These Pluxia Terms of Use and the entire Agreement as defined below in Section 13.a) shall be exclusively subject to the substantive laws of Switzerland, without regard to its conflict of law provisions and under the exclusion of the UN Convention on Contracts for the International Sale of Goods. The courts of Basel, Switzerland shall be the exclusive place of jurisdiction subject to mandatory legal provisions.
You agree that Pluxia, at its sole discretion, reserves the right to suspend or terminate your account (or any portion thereof) or your use of the Services and to eliminate and discard any content within the Services, for any reason, including, without limitation, for lack of use or if Pluxia believes that you have violated or acted inconsistently with the letter or spirit of these Terms. Pluxia may also, at its sole discretion and at any time, discontinue providing the Services, or any portion thereof, with or without notice. You agree that any termination of your access to the Services under any provision of these Terms may be executed without prior notice, and you acknowledge and consent that Pluxia may (but is not obligated to) immediately deactivate or delete your account and all related information and files in your account and/or prohibit any further access to such files or the Services. Termination of your account or access to any component of the Services will not extinguish Pluxia’s rights to your content. Moreover, you agree that Pluxia will not be liable to you or any third party for any termination of your access to the Services.
Pluxia may offer promotions, contests, or raffles as part of the Services. These may be subject to separate terms and conditions, which will be provided to you when applicable.
These Pluxia Terms of Use, the Pluxia Data Protection and Privacy Policy, the Pluxia Community Rules , and the Pluxia Safety Policy , which shall form an integral part of this agreement, constitute the entire agreement (the “Agreement”), and supersede any and all prior agreements or communications between you and Pluxia regarding the Services. In the event of a conflict between the separate parts of this agreement, the order of precedence will be as follows: 1. The Pluxia Terms of Use; 2. the Pluxia Data Protection and Privacy Policy; 3. the Pluxia Community Rules; and 4. the Pluxia Safety Policy.
You may not assign any of your rights or obligations under this agreement without Pluxia’s prior written consent. Pluxia may assign or transfer any of its rights or obligations under this agreement, in whole or in part, without restriction.
If individual sections of this Agreement are either fully or partially unlawful, invalid, or for any other reason unenforceable, the validity of the remaining sections of this Agreement shall not be affected. You and Pluxia are obliged to cooperate in good faith to replace such invalid sections with sections that the parties would have wanted at the time of conclusion of this Agreement and come as close to the invalid section as possible.
Nothing in this Agreement shall be deemed an agency, partnership or any other corporate or fiduciary relationship between the parties. Both parties are independent and neither party shall be responsible of the acts or omissions of the other party or its personnel except as provided otherwise in this Agreement.
The failure of Pluxia to exercise or enforce any right or provision of the Agreement does not constitute a waiver of such right or provision.
Amendments and/or changes to this Agreement shall not affect the validity of the remainder of this Agreement. Pluxia reserves the right, at its sole discretion, to modify or amend portions of the Agreement at any time. Should such modifications occur, Pluxia will post the amendments and/or changes on this page and will specify at the top of this page the date of the last revision of the respective contractual document. Any such amendments and/or changes will become effective no earlier than 30 days after they are posted, except in cases where amendments and/or changes are made to address new functions of the Services or for legal reasons, in which case they will be effective immediately. Your continued use of the Services after the date on which such amendments and/or changes become effective constitutes your acceptance of the revised Agreement.
By using the Services, you consent to receiving electronic communications from Pluxia, such as notices, agreements, disclosures, or other updates, as further described in the Pluxia Data Protection and Privacy Policy. These may include account-related notifications, changes to the Services, or marketing initiatives. You agree that any communications we send to you electronically, including via the email address you provide or through the Website or App, will satisfy any legal requirement that such communications be in writing. Please review our Privacy Policy for more details on our electronic communication practices. Notices may also be communicated via postal mail, and the Website may display general notices or links to notices about changes to these Terms or other matters.
Visit our homepage, select the Pluxia Help Desk link. For inquiries about Pluxia’s Services or to report any violations of these Terms, please reach out to Pluxia at Pluxia GmbH, Am Ausserberg 73, 4125 Riehen, Switzerland.
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