Terms of Service
Pixcham International j.s.a.

Last updated: 22 June 2026

NO PURCHASE OR PAYMENT IS NECESSARY TO PARTICIPATE OR TO WIN. PIXCHAM IS A COMPETITION BASED ON THE SKILL AND ABILITIES OF THE PARTICIPANTS (A “GAME OF SKILL”). WINNERS ARE DETERMINED ON THE BASIS OF THE COMPLETION OF COMPETITION TASKS, THE QUALITY OF PERFORMANCE OR OTHER PRE-DETERMINED CRITERIA OF THE RELEVANT GAME MODE. WINNERS ARE NOT SELECTED AT RANDOM AND NO ELEMENT OF CHANCE PLAYS ANY ROLE IN DETERMINING THE WINNERS.

Welcome to Pixcham!

Before you install and use the Application and the features and content that the Company offers, please read these Terms fully and carefully. These Terms set out the legally binding conditions for your use of the Application. These Terms apply to all Users of the Application, including, without limitation, Challenge Organisers and Users who are contributors of content. These Terms apply to Users who live in the European Economic Area (EEA), Switzerland or the United Kingdom. If you live outside the aforementioned countries, these Terms apply to you in the same way until separate terms are available for your country or region.

1. Definitions

Capitalised terms used in these Terms have the following meaning:

Application means the “Pixcham” application developed and operated by the Company.

Wallet is a section in the User’s Profile in the Application which records the monetary Prizes that the Winner has become entitled to be paid and which makes it possible to request their payment to the Winner’s bank account. The Wallet is not a payment account or a bank account; it is governed in more detail by clauses 12.26 to 12.28.

Points mean the point score awarded to a User for participation in 1vs1 Battles, Challenges and/or individual rounds of a Challenge; the User’s overall ranking in the Application is based on the total number of Points they have collected.

Prizes mean the monetary or non-monetary Prizes that are awarded to the Winners of a Challenge by the Challenge Organiser and/or the Prize Provider.

Dashboard is an online platform, available at the web address https://business.pixcham.com/dashboard, which provides the Challenge Organiser with an overview and tools to track, manage and analyse a Challenge and other important activities in one place.

Winner Documentation comprises the necessary written or electronic materials, such as identification details and confirmations, which serve to verify the Winner’s eligibility and enable the Prize to be properly provided to the Winner within a Challenge.

Fairplay means a percentage expression of the User’s compliance with the fair-play rules, displayed in their Profile, which starts at 100% and decreases for confirmed cheating or unjustified reports; once it is exhausted, a temporary restriction on participation in Challenges and 1vs1 Battles follows in accordance with clause 11.3.

Game mode is the manner in which a Challenge is played and the Winner of the Prize is determined; the precise description is set out in clause 10.5 of these Terms.

Prize Value means the approximate retail value of the Prize itself, including the applicable tax burden, such as value added tax (VAT).

Influencer is a person who has a registered profile on the Instagram or TikTok social network and has more than 5,000 followers on their profile.

Credit is a virtual monetary unit provided by the Company to the Challenge Organiser on pre-determined conditions, which may be applied when purchasing Challenges. These Credits are deducted when purchasing Challenges.

Licence Fee refers to a one-off remuneration of the Company that the Challenge Organiser must pay to obtain a licence to use the Platform for organising and managing a Challenge. The Licence Fee also includes the right to use the Pixcham Studio application.

Substitute Winner means a User who placed in the next winning position in a Challenge according to the rules of the relevant Game mode and who may receive a Prize if the original Winner loses entitlement to it, is disqualified or does not collect the Prize.

Our Content means all Content that we have added, created, submitted, sent, distributed or published to the Application.

Content means any information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics and interactive elements generated, provided or otherwise made available in or through the Application. Content includes all User Content, Our Content and Third-Party Content.

Third-Party Content means all Content added, created, uploaded, sent, distributed or published in the Application by any third party other than us, a Challenge Organiser or a User.

Challenge Organiser means any User who is not a Consumer and who creates and organises a Challenge in accordance with these Terms.

Pixcham Influencer is an Influencer who has an account created and verified by the Company in the Application.

Pixcham Judge is a mobile application developed and operated by the Company, used by independent judges to assess competition Selfie Tasks in Challenges, non-competition Selfie Tasks in 1vs1 Battles or reported Selfies that breach these Terms.

Pixcham Moments means personalised content that the Application, after the end of a Challenge, creates for the User automatically and using artificial intelligence from their User Content and from data on their participation in the Challenge — in particular a short video, a visual summary, statistics or a visual retrospective. Pixcham Moments are made available to the User in the results of the relevant Challenge; the User does not edit their content and decides themselves which of them to share and which not. The creation, making available and sharing of Pixcham Moments are governed in more detail by clause 7.12 of these Terms and the Privacy Policy.

Pixcham Studio is a mobile application developed and operated by the Company with the aim of providing Challenge Organisers with a tool for Live Streams between the individual rounds of their challenges. This application enables Challenge Organisers to easily manage and moderate live streams, which contributes to improving the interaction and engagement of participants within challenges.

Platform is a comprehensive system that includes the Application, the Dashboard and the Website, enabling Users, Pixcham Influencers, Challenge Organisers and third parties to manage and use all Pixcham functions effectively.

Terms mean these Terms of Service.

Promo Code means a discount provided by the Company to the Challenge Organiser from the fee for launching a Challenge within the Application, Credits or other benefits that may subsequently be used within the Application by the Challenge Organiser.

Prize Provider means any natural or legal person other than the Company and the Challenge Organiser who provides the Prize(s) for a Challenge, regardless of whether they are also a User. The Prize Provider is identified in the Challenge detail or in the Official Rules of the Challenge and has the rights and obligations set out in these Terms.

Profile has the meaning set out in clause 4.1 of these Terms.

Parental Control means a function of the Application which allows a parent or legal guardian of a minor User aged 16 to 18 to approve and manage their participation in Challenges and to obtain information about how the minor User uses the Application.

Selfie means a photograph showing the User’s entire face, which the User has created using the Application during a 1vs1 Battle or a Challenge by completing a Task.

Follower is a person who follows a Pixcham Influencer and receives updates about their posts and activities in the Application, the Dashboard and/or the Website.

Location-Based Services have the meaning set out in clause 8.2 of these Terms.

Third-Party Services have the meaning set out in clause 8.1 of these Terms.

Community Guidelines mean a set of rules and guidelines established by the Company which determine the permitted Content, conduct and restrictions for Users, Challenge Organisers and third parties on the Platform; their current version is published in the Application and on the Website.

Company means Pixcham International j.s.a., with its registered office at Námestie svätého Egídia 42/97, 05801 Poprad, Slovak Republic, Company Identification Number: 55007571, the operator of the Application and the Platform, hereinafter in these Terms also referred to as “we”, “us” or “our”.

Consumer means any natural person who, when using the Application, does not act within the scope of their business activity, employment or profession, within the meaning of the applicable consumer protection legislation (in particular Directive 2011/83/EU and Act No. 250/2007 Coll.).

1vs1 Battles mean the one-against-one (1vs1) game mode that all eligible Users may play through the Application.

Competitions mean Challenges and 1vs1 Battles and each individually as a Competition.

Task means an assignment that the User is to complete during a Challenge or a 1vs1 Battle, usually by taking a Selfie or another photograph. The types of Tasks and their specifications are set out in Article 9 of these Terms.

Users mean the individual Users of the Application, who are also referred to in these Terms as “you” or “your”.

User Content means all Content added, created, uploaded, sent, distributed or published in the Application by Users.

Website means the Company’s website available at https://www.pixcham.com including its subpages (in particular business.pixcham.com).

Winner means a User who, in a Challenge or a 1vs1 Battle, achieved one of the winning positions according to the rules of the relevant Game mode and who, after verification of eligibility, has been confirmed as eligible to receive a Prize within the meaning of clause 12 of these Terms.

Challenge means a tournament game mode that all eligible Users may play through the Application.

Privacy Policy means the Company’s Privacy and Personal Data Protection Policy within the Application, the current version of which is published in the Application and on the Website.

Live Stream is a form of content distribution via the Pixcham Studio mobile application which enables Challenge Organisers to broadcast content in real time between the individual rounds of a Challenge.

2. Acceptance of the Terms and Eligibility

2.1 By installing and/or using the Application and/or the Dashboard in any manner, you confirm that:

1. you have read these Terms, Privacy Policy and Community Guidelines, which we have published through the Application and/or the Website, that you fully understand them and will comply with them, whereby each of these conditions is incorporated by reference and we may update each of them from time to time in accordance with clause 18.1 of these Terms;
2. you will comply with all applicable national, federal and international laws and regulations that may apply to you in connection with your use of the Application;
3. you are able to enter into a valid contractual relationship with the Company and/or its affiliates;
4. you are not a person who, under the laws of the Slovak Republic or any other relevant jurisdiction, is prohibited from using the Application – including, for example, that you are not on the list of specially designated nationals of the U.S. Department of the Treasury and are not subject to any other similar prohibition;
5. you are not a convicted sex offender;
6. if you use the Application on behalf of a business or another entity, you represent that you are authorised to grant all the licences set out in these Terms and you agree to these Terms on behalf of the business or entity;
7. you are not a resident of the high-risk third countries listed in the annex to Commission Delegated Regulation (EU) 2016/1675 of 14 July 2016 supplementing Directive (EU) 2015/849 of the European Parliament and of the Council by identifying high-risk third countries with strategic deficiencies, as amended.

2.2 Our services are not intended for children under 16 years of age. Before creating an account and using our services, you must confirm that you meet this age restriction. If we find that you are under 16 years of age (or younger than the minimum age permitted for using the services in your country without parental consent, if it is higher), we will stop providing the services and will remove your account, all User Content created by that User and the relevant data. Additional age restrictions may be set for some of our services, which will require you to be even older in order to use them. The Company implements appropriate measures to verify the age of Users under clause 2.3.1 of these Terms, in accordance with Article 28 of Regulation (EU) 2022/2065 (DSA) and the UK Online Safety Act 2023. Users aged 16 to 18 may participate in any Challenge solely under the conditions set out in clauses 2.3 and 2.3.1 of these Terms, i.e. on the basis of the prior verified consent of a parent or legal guardian.

2.3 By installing and/or using the Application, you represent and confirm that you are a natural person of the age that you stated when creating an account in the Application. At our discretion, we may at any time refuse access to the Application to any person and change our eligibility criteria for using the Application. Notwithstanding the minimum age of 16 under clause 2.2, the participation of a User aged 16 to 18 in any Challenge is always conditional on the prior verified consent of their parent or legal guardian under clause 2.3.1. The Challenge Organiser is entitled to set a stricter age limit for a specific Challenge (for example, 18+ only); however, it is not entitled to set a limit lower than that resulting from these Terms.

2.3.1 The Company is entitled to verify the age of a User through progressively graduated measures:

1. Self-declaration upon registration — when creating a Profile, the User states their date of birth and confirms that they meet the age conditions under clause 2.2 of these Terms. Self-declaration is the primary method of age verification;
2. Full identity verification by means of an identity document is required exclusively in the following specific cases:
3. in the case of a Prize (monetary or non-monetary) with a value exceeding EUR 350, in particular for the purpose of fulfilling tax obligations (withholding tax) under Act No. 595/2003 Coll. on income tax, as well as obligations in the area of preventing money laundering under Act No. 297/2008 Coll. and Directive (EU) 2015/849;
4. in the case of repeated or serious suspicion of a false statement of age by the User;
5. in the case of a written complaint from a parent or legal guardian of a minor. Full verification is carried out through a certified provider (for example, Veriff, Onfido, Stripe Identity), the list of which is available in the Privacy Policy;
6. For Users aged 16 to 18, participation in any Challenge is conditional on the prior verified consent of a parent or legal guardian. The Company verifies this consent in an appropriate and proportionate manner, in particular by secondary verification via the email of the parent or legal guardian. Without such verified consent, a User aged 16 to 18 may not participate in any Challenge;
7. For Users resident in the United Kingdom, the Company applies appropriate measures within the meaning of the requirements of the UK Online Safety Act 2023 and the guidance of the Ofcom regulatory authority.

The Company reserves the right to ask the User to verify their age under points (a) to (d) of this clause. The User is obliged to provide the requested information within 14 days of the request. If the User refuses age verification or fails to provide the requested information within the set period, the Company reserves the right to suspend or cancel their Profile under clause 18.4 of these Terms and to delete all related User Content.

2.4 You yourself are responsible for ensuring that you are entitled to use the Application and that your use of the Application complies with all laws, rules and regulations that apply to you.

2.5 You acknowledge that in some countries/jurisdictions there are laws that may prevent you from using the Application and/or prevent the Challenge Organiser from awarding a Prize. If you have become a Winner and this situation concerns your country/jurisdiction, you acknowledge that you may not be able to obtain any Prize from the Challenge Organiser and/or the Prize Provider. By engaging in any Challenge, you acknowledge the risks and understand that you may win but may not be able to obtain a Prize.

2.6 If you use our services within your company or another legal entity, you confirm that you have the authority to represent that company or entity and you agree to these Terms on behalf of that company or entity. In this context, all references to “you” and “your” in these Terms shall include you as a User as well as that company or legal entity.

2.7 You acknowledge that the Application and related technologies may be subject to export control legislation, in particular Regulation (EU) 2021/821 on dual-use items and the relevant legislation of the United States of America (Export Administration Regulations). You represent and warrant that:

1. you are not located in a country subject to an embargo or sanctions measures of the EU, the UN or the USA, nor are you a national of such a country;
2. you do not appear on any list of prohibited or sanctioned persons;
3. you will not use, export or re-export the Application in breach of the aforementioned legislation.

3. Privacy

3.1 Your privacy is important to us. In our Privacy Policy you will learn how your data is processed when using our Application.

3.2 When operating the Application, the Company acts in various capacities within the meaning of Regulation (EU) 2016/679 (GDPR), the UK GDPR and the Swiss Data Protection Act (nDSG):

1. As a controller within the meaning of Article 4(7) GDPR, where it determines the purposes and means of processing the personal data of Users — in particular in managing user accounts, providing customer support, carrying out its own marketing activities, enabling participation in 1vs1 Battles, verifying the identity of Winners and organising Challenges in the Company’s own name;
2. As a processor within the meaning of Article 4(8) GDPR, and solely in cases where it specifically agrees in writing with the Challenge Organiser that it processes the personal data of Users engaged in their Challenge exclusively on behalf of the Challenge Organiser as controller and only on the basis of their documented instructions, in accordance with Annex No. 1 to the Privacy Policy or a separate personal data processing agreement concluded with the Challenge Organiser within the meaning of Article 28(3) GDPR. In the event of a conflict between Annex No. 1 and a separate agreement, the separate agreement shall prevail;
3. As a joint controller with the Challenge Organiser within the meaning of Article 26 GDPR in organising and carrying out each Challenge of which the Company is not the organiser: the Challenge Organiser determines in particular the purpose, theme, Tasks, duration, Prizes and parameters of the Challenge and obtains the outputs after its end; the Company determines the means of carrying out the Challenge through the Application. The mutual rights and obligations of joint controllers are governed by the joint personal data controllership agreement, which forms Annex No. 2 to the Privacy Policy and which the Challenge Organiser accepts by accepting these Terms; this is without prejudice to the possibility of concluding a separate agreement, which shall prevail in the event of a conflict.

3.3 The specific capacity of the Company in individual processing activities, the division of responsibilities between the Company and the Challenge Organiser, as well as the contact points for exercising the rights of data subjects, are governed in detail in the Privacy Policy available on the website pixcham.com.

3.4 The User has the right to exercise their rights under the GDPR (in particular the right of access, rectification, erasure, restriction of processing, portability and objection). The manner of exercising them depends on the capacity of the Company in the specific processing:

1. If the Company acts as a controller under clause 3.2(a), the User may

exercise their rights directly against the Company through the contact points set out below;

1. If the Company acts as a processor under clause 3.2(b), the User exercises their rights against the relevant Challenge Organiser as controller. The Company shall provide the Challenge Organiser with cooperation in handling such a request to the extent required by Article 28 GDPR;
2. If the Company acts as a joint controller under clause 3.2(c), the User may exercise their rights against the Company or against the Challenge Organiser within the meaning of Article 26(3) GDPR.

The Company’s contact points for exercising rights: dpo@pixcham.com or legal@pixcham.com.

3.5 The facial photographs (Selfies) that you create through the Application are processed by us primarily as a photograph (an ordinary personal data item) for the purpose of your participation in a Competition. We do not process Selfies for the purpose of uniquely identifying a person using biometric technologies (in particular facial recognition). We process Selfies exclusively for the following purposes:

1. verifying the completion of Selfie Tasks by independent judges (natural persons) through Pixcham Judge;
2. detecting AI-generated or manipulated content (deepfake detection) within the meaning of clause 9.8 of these Terms, whereby this detection does not assess the identity of a specific person but the authenticity of the photograph;
3. preventing fraud, in particular detecting multiple Profiles of the same User within the meaning of clauses 4.7 and 10.6 of these Terms, which is carried out primarily on the basis of other data (IP address, device, email, User behaviour), not biometric analysis of the face;
4. ensuring the security of the Application and investigating reports under clause 9.5 of these Terms.

3.6 We process competition Selfies on the basis of Article 6(1)(b) GDPR (performance of a contract), because their creation and evaluation is necessary in order to provide the very competition service in which you have engaged; to this extent, this does not constitute processing of a special category of personal data, since we do not process Selfies for the unique identification of a person. Identity verification, including comparison of your likeness with an identity document, takes place only upon verification of the Winner before payment of the Prize, through the certified provider Veriff. This verification is carried out on the basis of Article 6(1)(c) GDPR (compliance with legal obligations, in particular in the area of preventing money laundering under Act No. 297/2008 Coll. and Directive (EU) 2015/849) and, to the extent that it constitutes processing of biometric data, on a special legal basis under Article 9 GDPR. Details of this processing and of the capacity of the provider Veriff are set out in the Privacy Policy.

3.7 The Company does not carry out automated decision-making with legal effects within the meaning of Article 22 GDPR on the basis of Selfies. Detailed information on the processing of Selfies and on the verification of the identity of Winners (categories of data, retention period, processors including the provider Veriff, transfers to third countries) can be found in the Privacy Policy.

4. Registration and Use of the Profile

4.1 If you wish to use the Application, we may require you to create, register and log in through your User account in the Application (“Profile”). A Profile can also be created and logged into by signing in through your Apple account or using an email address.

4.2 When registering your Profile, you will need to fill in your email, date of birth and country of permanent residence. In the event of winning a Prize (Prizes), we may ask you to update your Profile via the Application in the User’s Profile by filling in your full first name and surname, residential address and telephone contact without undue delay, no later than within 5 days of being notified that you have won a Prize (Prizes). The Company or the Challenge Organiser will send the User a reminder no later than 24 hours before the expiry of this period. If the User fails to provide contact details even by the expiry of this period, they may be disqualified and the Prize (Prizes) will be dealt with in accordance with clause 12.27 of these Terms.

4.3 When registering and maintaining your Profile, you must always ensure that your information is accurate, complete and up to date. If you provide any information that is inaccurate, out of date or incomplete, or if we establish reasonable grounds to believe that your information is inaccurate, incomplete or out of date, we may, at our discretion, restrict or block your access to the Application and delete your Profile. If there is any change to your information, you should notify us of the relevant change without delay.

4.4 We may ask you to provide us with further evidence of your identity and age (e.g. a valid photographic identity document) in order to verify your identity and comply with applicable laws and regulations. We reserve the right, at our discretion, to refuse the registration of any person to a Profile. If necessary, we may also ask you to verify your identity through the Application or a Third-Party Service such as Veriff.

4.5 When creating and using your Profile, you must not: (i) choose or use as a Username the name of another person with the intention of impersonating that person, (ii) use as a Username a name that is the subject of any rights of a person other than you, without the appropriate authorisation, or (iii) use as a Username a name that is otherwise offensive, vulgar or obscene. You are solely responsible for the activities that occur on your Profile and for the security of the password and login details to the Profile. You must never use the Profile or registration details of another User for the Application without the consent of the relevant User.

4.6 You must immediately notify us of any change in your eligibility to use the Application, any breach of security or any unauthorised use of your Profile. You should never disclose, distribute or send the login details to your Profile. You are entitled to delete your Profile at any time, either directly or by means of a request submitted to one of our employees or affiliates.

4.7 You may create, maintain, use and control only one Profile in the Application. Each Profile in the Application may be owned, maintained, used and controlled by only one person. For the avoidance of doubt, Users may not “co-own” Profiles in the Application. If we find that you have opened, maintain, use or control more than one Profile, in addition to any other rights we may have, we reserve the right to suspend or cancel any or all of your Profiles and to terminate, suspend or cancel the awarding of any Prizes.

4.8 The participation of a User aged 16 to 18 in any Challenge in the Pixcham Application is conditional on the prior verified consent of a parent or legal guardian under clauses 2.3 and 2.3.1. A User who has not obtained such verified consent may not participate in any Challenge. This measure helps to protect minor Users and to ensure that the Application remains a safe and responsible place for everyone. A User who has not received consent from a parent or legal guardian will not be able to participate in any Challenge in the Pixcham Application.

4.9 Where there is reasonable suspicion of false information, the Company is entitled to verify whether a User aged 16 to 18 has obtained valid consent from a parent or legal guardian. If the Company finds that consent was obtained on the basis of false information or without the consent of a parent or legal guardian, it is entitled not to pay out the winnings and to cancel the User’s Profile.

4.10 Parental Control

4.10.1 The Application is equipped with a Parental Control function. After being linked with the Profile or device of a minor User aged 16 to 18, their parent or legal guardian may, through Parental Control, approve and manage their participation in Challenges and obtain information about how the minor User uses the Application. The minor User is informed in the Application about active Parental Control.

4.10.2 Before a minor User aged 16 to 18 engages in any Challenge, the prior verified consent of a parent or legal guardian is always required under clauses 2.3 and 2.3.1 of these Terms.

4.10.3 In this way, the parent or legal guardian has control over the participation of a minor User aged 16 to 18 in Challenges, and this participation takes place with their verified consent. Compliance with this consent is crucial for the safety and privacy of minor Users and for respecting their rights and decisions.

4.10.4 In the event that a minor User aged 16 to 18 successfully completes a Challenge and achieves a win, the Application requires additional verification of the parent’s or legal guardian’s data in order to confirm that they are an authorised parent or legal guardian. The data provided by the parent or legal guardian must be consistent with their identity document. This ensures the authenticity and security of the winning process.

4.10.5 The security of the personal data of minor Users aged 16 to 18 and their privacy are fundamental priorities in the Application. To ensure maximum protection, the Application complies with all applicable personal data protection legislation. The personal data of a minor User will not be shared with third parties without the consent of their parent or legal guardian.

4.10.6 The parent or legal guardian has control over the participation of a minor User aged 16 to 18 in the Application. They have the right to unsubscribe the minor User from participation in Challenges or to request the deletion of their personal data. This option allows the parent or legal guardian to effectively manage access to and processing of the minor User’s personal data.

5. Security

5.1 We strive to make the Application a safe place for all Users. However, we cannot guarantee this. This is where you come into play. By using the Application, you agree that you will always comply with these Terms, including our Community Guidelines and any other policies that the Company makes available with the aim of maintaining security.

5.2 If you fail to comply with the provisions of clause 5.1 of these Terms, we reserve the right to remove any content that breaches the rules, to terminate or restrict the visibility of your Profile and, where necessary, to inform third parties including law enforcement authorities and to provide these third parties with information relating to your Profile. This step may be necessary to protect the safety of all Users and other persons, to investigate, remedy and enforce potential breaches of the Terms and to detect and address any fraud or security problems. In the event of removal of Content, restriction of the visibility of the Profile or another measure under this clause, we will inform you without undue delay of the reasons for our decision and of the available means of redress, including the lodging of a complaint under clause 7.19 of these Terms and the right to turn to a certified out-of-court dispute settlement body under Article 19 of Regulation (EU) 2022/2065.

5.3 We also care about your physical safety when using the Application. Therefore, do not use the Application in a manner that would distract you from complying with traffic or safety regulations. For example, never use the Application while driving. And never put yourself or others in danger merely in order to complete a Selfie Task or engage in other Pixcham functions. The User bears full responsibility for their own conduct when completing Tasks and using the Application. The Company and the Challenge Organiser are not liable for any harm to health, life or property caused by the User’s own conduct if the User knowingly ignored the safety warnings set out in this clause or acted contrary to common sense and ordinary caution. This provision does not affect liability under clause 13.4 of these Terms.

5.4 The Challenge Organiser is responsible for the safety and appropriateness of the Tasks that it defines within the Challenge. The Organiser undertakes:

1. not to create Tasks that could endanger the health, life, or physical or mental integrity of Users or third parties;
2. not to create Tasks that would require the User to breach laws, traffic regulations, local ordinances or safety rules;
3. not to create Tasks that could lead to discrimination, harassment or humiliation of Users or third parties;
4. to clearly communicate to Users all safety risks associated with completing a Task and to provide them with the information necessary to complete the Task safely.

5.5 The Company reserves the right (but not the obligation) to refuse or remove any Task that, in its reasonable judgment, may endanger the safety of Users, breaches these Terms, the Community Guidelines or applicable laws.

5.6 In the event of damage caused by a dangerous Task of the Challenge Organiser, the Challenge Organiser is solely responsible for that damage. The Organiser undertakes to indemnify the Company for any third-party claims related to Tasks that it defined in breach of this clause 5.4, to the extent set out in clause 10.8.12 of these Terms.

6. Rules of Conduct

6.1 You are responsible for all your activities within the Application. You acknowledge and agree that any breach of these Terms or of applicable laws or regulations may result in the termination and cancellation of your Profile and the forfeiture of your Prizes. For example, when using the Application you must not carry out any activity (uploading, downloading, sending, posting or otherwise distributing or facilitating the distribution of any content) that:

1. is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of the privacy of others, illicit, obscene, vulgar, pornographic, contains or depicts nudity, contains or depicts sexual activity, otherwise breaches any law or right of any third party, or is otherwise inappropriate in our sole discretion;
2. infringes any patent, trademark, trade secret, intellectual property rights, copyright, privacy rights or other rights of third parties;
3. breaches any applicable law, regulation, court or administrative order or contractual obligation;
4. which you know to be false, misleading, untrue or inaccurate, including but not limited to uploading a photograph depicting another person without the necessary consent;
5. leads to the creation or operation of multiple Profiles;
6. creates multiple entries into Competitions in any manner, including through multiple Profiles;
7. enters you into a Competition for which you are not eligible, whether through multiple profiles, by providing misleading information, by masking or changing your IP address or in any other manner;
8. constitutes unauthorised or unsolicited advertising, unsolicited or bulk mail (spamming);
9. contains software viruses or any other computer code, files, Content or programs that are designed or intended to disrupt, damage, limit or interfere with the proper functioning of any software, hardware or telecommunications equipment, or to damage or obtain unauthorised access to any system, data, passwords or other information of our company or any third party;
10. is designed or intended to obtain a password, profile or private information from another User; or
11. promotes or links to affiliate programs, multi-level marketing schemes, sites that repeatedly reuse existing stories or off-topic Content.

7. Content and Licences

7.1 By submitting your User Content through the Application, you hereby grant us a worldwide, non-exclusive, royalty-free and, without any claim to any further remuneration or compensation, sublicensable and transferable licence to use, edit, modify, manipulate, aggregate, reproduce, distribute, prepare derivative works of, display, perform and otherwise exploit the User Content in connection with the operation, promotion and improvement of the Application and the Platform in any media formats and through any media channels (including, but not limited to, Websites and third-party channels). The above licence granted to us does not affect your other ownership or licence rights to your User Content, including the right to grant further licences to your User Content, unless you agree otherwise with us in writing. You represent and warrant that you have all the rights to grant us such licences without breaching any third-party rights, including, but not limited to, any privacy rights, publicity rights, copyright, trademarks, contractual rights or any other intellectual property or proprietary rights. The duration of this licence is governed by clauses 7.4 and 7.5 of these Terms.

7.2 By submitting your User Content through the Application within a specific Challenge, you hereby grant the relevant Challenge Organiser a worldwide, non-exclusive, royalty-free and, without any claim to any further remuneration or compensation, sublicensable and transferable licence, but solely for the purpose set out in this clause and only to persons who undertake to comply with the same restrictions, to use, edit, modify, manipulate, aggregate, reproduce, distribute, prepare derivative works of, display, perform and otherwise exploit the User Content in connection with the organisation, evaluation and promotion of that Challenge in any media formats and through any media channels (including, without limitation, Websites and third-party channels). The above licence granted to the relevant Challenge Organiser does not affect your other ownership or licence rights to your User Content, including the right to grant further licences, unless you agree otherwise in writing with the relevant Challenge Organiser. You represent and warrant that you have all the rights to grant such licences without breaching any third-party rights, including, among other things, privacy rights, publicity rights, copyright, trademarks, contractual rights or any other intellectual property or proprietary rights. The duration of this licence is governed by clauses 7.4 and 7.5 of these Terms. The use of User Content for marketing promotion beyond the organisation, evaluation and promotion of the Challenge itself (in particular sharing the content of Winners on the social networks of the Challenge Organiser) is subject to the express consent of the User concerned within the meaning of the Privacy Policy.

7.3 The Challenge Organiser may not sublicense, transfer or commercially distribute User Content to third parties (including its marketing partners, media agencies or other partners) without the express consent of the User obtained through the Application or through a separate agreement with the User.

7.4 The licence under clauses 7.1 and 7.2 lasts for the period during which the User has an active Profile in the Application.

7.5 The licence under clauses 7.1 and 7.2 terminates upon deletion of the User’s Profile (whether voluntary on the part of the User or by termination by the Company under clause 18.4 of these Terms), with the following exceptions under Article 17(3) of Regulation (EU) 2016/679 (GDPR):

1. Pre-existing distributed content. User Content that was, prior to deletion of the Profile, shared, redistributed or otherwise integrated by another User or Organiser within the Application or in the marketing materials of the Company/Organiser may remain available in these original channels. The Company will not be obliged to retroactively remove such content that was legitimately published before the deletion of the Profile.
2. Integrity of completed Challenges and proof of provision of the service. User Content that was part of a completed Challenge may be retained and used by both the Company and the Challenge Organiser to preserve the integrity of the Challenge results, for archival and reference purposes, and to prove the facts decisive for the accounting and tax assessment of the provision of the service to the Challenge Organiser, for a maximum period of 10 years from the end of the Challenge, in accordance with Section 35 of Act No. 431/2002 Coll. on Accounting and the relevant tax legislation.
3. Anonymised and aggregated data. User Content in the form of anonymised or aggregated data that does not allow the identification of the User may be retained and used by the Company without time limitation for statistical purposes, research purposes, improvement of the Application and the training of artificial intelligence models.
4. Backup copies. Backup copies of User Content in the Company’s backup systems may be retained for a maximum of 90 days from the deletion of the Profile for the purpose of disaster recovery and the technical integrity of the systems.
5. Legal obligations and legal claims. User Content and related metadata (including information about its publication and interactions) may be retained for the period required by law (in particular accounting and tax legislation, anti-money laundering legislation, consumer protection legislation) or until the final conclusion of a legal dispute the subject of which concerns the User Content.
6. Security records. Pseudonymised records of breaches of the Community Guidelines, fraud or misuse of the Application may be retained by the Company for a maximum of 5 years for the purposes of preventing repeated breaches and the security of the Application.

7.6 When applying the above exceptions, the Company processes User Content solely to the extent necessary for the stated purpose and in accordance with the relevant personal data protection legislation (GDPR, UK GDPR, Swiss nDSG). The User has the right to request detailed information about the retained content through the right of access under Article 15 GDPR.

7.7 You hereby acknowledge and agree that the Application (and all its components), which is made available to you for remote use through your mobile device, is part of our intellectual property and that it is not permitted to edit, copy, alter, reproduce, store, distribute or otherwise deal with Our Content or Third-Party Content without prior consent to deal with this type of Content.

7.8 In accordance with these Terms, we grant each User a worldwide, non-exclusive, non-sublicensable and non-transferable licence to use (i.e. locally download and display) the Content solely for the purposes of using the Application. The use, reproduction, modification, distribution or storage of any Content (other than your User Content) for purposes other than using the Application is expressly prohibited without prior written consent from us. You may not sell, license, rent or otherwise use or exploit any Content (other than your User Content) for commercial purposes or in any other manner that breaches the rights of third parties. Upon termination of your Profile for any reason, the licence is automatically cancelled and you have no further rights to deal with any Content (other than your User Content) in any manner.

7.9 It is not permitted to edit, decompile, disassemble, create derivative works on the basis of the Application or otherwise modify the Application and its components, including the source code of the Application. It is also not permitted to interfere in any manner with the Application or to attempt any changes to the Application or to any functions or components of the Application. You must not break into, access or attempt to break into or access the security systems of the Application, nor otherwise attempt to bypass them.

7.10 The Application is provided “as is”, and we make no representations or warranties, express or implied, statutory or otherwise, as regards Third-Party Content or User Content uploaded by other Users.

7.11 We do not guarantee that any Content will be made available in the Application. We reserve the right, but have no obligation, to remove, edit or alter any Content or otherwise manipulate it at our discretion, at any time, for any reason (including, among other things, upon receipt of claims or allegations from third parties or authorities concerning such Content or if we are concerned that you may have breached these Terms), and to remove or block any Content from the Application. The Company informs the User concerned of every removal of User Content or restriction of the Profile, stating the reasons, in accordance with Article 17 of Regulation (EU) 2022/2065 (Digital Services Act). The User has the right to lodge a complaint through the internal mechanism under clause 7.19 or to turn to a certified out-of-court dispute settlement body under Article 21 of the DSA.

7.12 You acknowledge that at the end of selected Challenges the Company may automatically generate so-called Pixcham Moments — a summary of the event containing selected photographs of participants, statistics and interactive elements inspired by “year-in-review” formats. Pixcham Moments may be shared by Users on social networks. The licence to use your User Content in Pixcham Moments forms part of the licences under clauses 7.1 and 7.2 and is governed by the same duration rules under clauses 7.4 and 7.5.

7.13 The Company may use User Content to train and improve its own artificial intelligence models solely for: (a) the detection of content generated or manipulated by artificial intelligence (deepfakes); (b) automated content moderation; (c) the detection of fraudulent Profiles and multiple accounts; (d) improving the quality and accuracy of Pixcham Judge; (e) security purposes. When training artificial intelligence models, the Company uses solely anonymised or pseudonymised data.

7.14 The Company does not provide User Content to third parties (including OpenAI, Anthropic, Google, Meta and other artificial intelligence service providers) for the training of their public artificial intelligence models without your express consent.

7.15 The User has the right at any time to refuse the use of their User Content for AI training through the Profile settings in the Application (the “AI & Privacy” section) or by sending a request to dpo@pixcham.com.

7.16 We do not own and have no intellectual property rights to the logos and trademarks of third parties that are provided or otherwise made available in or through the Application, in particular logos or trademarks visible on prizes.

7.17 In our services, most Content is created by Users, Challenge Organisers and other third parties. Regardless of whether this content is published or sent privately, the User or entity that submitted it bears sole responsibility for the Content. Although the Company reserves the right to check, edit or remove all Content that appears in the services, we do not check all such Content. We therefore cannot guarantee — and do not guarantee — that the User Content provided by Users through the services will comply with these Terms, the Community Guidelines or our other policies and guidelines.

7.18 Users may report User Content created by other Users or the accounts of other Users that breach our Terms, the Community Guidelines or other guidelines and policies. A report may be submitted through: (a) the reporting mechanism in the Application; (b) the email address legal@pixcham.com; (c) the contact form on the Website. Your report must contain: (i) a sufficiently precise identification of the illegal Content; (ii) the reasons why you consider the Content to be illegal or in breach of these Terms; (iii) your contact details. The Company will assess each report without undue delay, objectively and non-discriminatorily, in accordance with Article 16 of Regulation (EU) 2022/2065 (Digital Services Act).

7.19 If you have any complaints or concerns regarding our decisions on Content or user accounts (in particular decisions on content moderation, deactivation of a Profile or restriction of functionality), you may use our complaint submission form, which is available in the Application. A complaint must be submitted within six months of the relevant decision. Upon receipt of a complaint, we will ensure that it is reviewed quickly, in a timely manner and with a non-discriminatory, diligent and objective approach. If we find that our original assessment was incorrect, we will adjust our decision and inform you without undue delay of the conclusion and of all available means of redress. Users also have the right to turn to a certified out-of-court dispute settlement body under Article 21 of Regulation (EU) 2022/2065 (Digital Services Act), whose decision is not binding on the Company but provides an additional independent perspective. We do not assess complaints solely by automated means; the final decision is taken by an authorised person. This is without prejudice to your right to turn to the competent court.

7.20 For complaints regarding decisions on content moderation, deactivation of a Profile or restriction of functionality, clause 7.19 of these Terms shall apply.

After the end of a Challenge, Users have 24 hours to submit a complaint regarding the course, evaluation or results of the Challenge. After this time, it is no longer possible to submit such a complaint. To submit a complaint, Users may use the Application or the Website, where they will be redirected to the relevant form.

7.21 If you believe that any Content on the Platform infringes your intellectual property rights, you may report this fact to the Company through the contact form on the Website (https://www.pixcham.com/contact), the reporting mechanism in the Application or to the email address legal@pixcham.com (designated DMCA agent). The notice must contain: (a) identification of the protected work whose rights have allegedly been infringed; (b) identification of the allegedly infringing Content on the Platform, including its location (URL, User ID, Challenge ID); (c) your contact details (name, address, email, telephone); (d) a statement that you have a good-faith reason to believe that the use of the Content is not authorised by the rights owner, their agent or the law; (e) a sworn statement that the data set out in the notice is accurate and that you are the owner of the rights concerned or are authorised to act on behalf of the owner; (f) your electronic or handwritten signature. The Company will assess each such notice and, where justified, will take appropriate measures, including the removal of or disabling of access to the infringing Content without undue delay (typically within 5 working days). The notifier will be informed of the outcome of the assessment.

7.22 Counter-notice against removal of content

If a User’s User Content has been removed or disabled on the basis of a notice of infringement of intellectual property rights under clause 7.21, and the User reasonably believes that the removal occurred as a result of a mistake or misidentification, the User has the right to submit a counter-notice against the removal of content (hereinafter the “Counter-notice”) to the address legal@pixcham.com.

7.22.1 The Counter-notice must contain:

1. identification of the removed or disabled Content, including its original location in the Application (URL, User ID, Challenge ID);
2. a sworn statement by the User that they believe in good faith that the Content was removed or disabled as a result of a mistake or misidentification, and that the stated data is true and accurate;
3. the User’s contact details (name, address, email address);
4. the User’s electronic or handwritten signature.

7.22.2 Upon receipt of a duly submitted Counter-notice, the Company will, without undue delay, inform the original notifier of the submission of the Counter-notice and its content.

7.22.3 If the original notifier, within 14 working days of notification of the Counter-notice, does not demonstrate to the Company that they have commenced court or other relevant proceedings to protect their rights in relation to the disputed Content, the Company will restore access to the removed Content, unless other reasons prevent this (in particular a breach of other provisions of these Terms, the Community Guidelines or applicable legislation).

7.22.4 The jurisdiction of the court for any proceedings is governed by clause 19 of these Terms. The rights of Users who are Consumers to proceedings before a court in their country of residence under Regulation (EU) No 1215/2012 (Brussels I bis), the Lugano Convention or other relevant legislation are not affected by this provision.

7.22.5 This provision is without prejudice to the User’s right to lodge a complaint through the internal mechanism under clause 7.19 or to turn to a certified out-of-court dispute settlement body under Article 21 of Regulation (EU) 2022/2065 (Digital Services Act).

7.23 The Company permanently terminates the Profiles of Users who repeatedly infringe the intellectual property rights of third parties according to the following regime:

1. first valid notice in a 90-day period — warning of the User and removal of the Content;
2. second valid notice in a 90-day period — restriction of the Profile for 30 days + loss of Points and Credits obtained during the period of infringement;
3. third valid notice in a 90-day period — permanent deactivation of the Profile and loss of all collected Prizes, Points and Credits;
4. In the case of particularly serious infringements (in particular commercially motivated copyright infringements, deepfakes, malware, infringements relating to the protection of minors), the Company reserves the right to immediately permanently deactivate the Profile without warning, even upon the first notice.

7.24 By submitting User Content, you represent and warrant that:

1. you are the owner of the User Content or have all the necessary rights, licences, consents and permissions to grant the licences under this Article 7;
2. the User Content does not infringe any third-party rights, including (but not limited to) privacy rights, publicity rights, copyright, trademarks, patents, trade secrets or other intellectual property rights;
3. the User Content complies with these Terms, the Community Guidelines and applicable laws;
4. the persons depicted in the User Content, if not you, have granted you consent to upload their image to the Application and to the licences under this Article 7.

7.25 By entering any Challenge through the Application, the User grants consent to the display of their competition User Content (in particular competition Selfies):

1. in the Pixcham Application and on the Website; pixcham.com;
2. on the official social network channels of the Organiser of the relevant Challenge, exclusively in connection with the promotion of that Challenge;
3. in public promotional and marketing materials relating to that Challenge.

This consent applies exclusively to the specific Challenge that the User entered, and is governed by the duration and exceptions under clauses 7.4 and 7.5 of these Terms. For the use of User Content outside the scope of that Challenge, separate consent is required within the meaning of clause 7.3. The User may withdraw this consent at any time by deleting their User Content or Profile, with the exceptions set out in clause 7.5.

8. Third-Party Services and Location-Based Services

8.1 The Application may enable you to link to or otherwise access other websites, services or resources provided by third parties, and other websites, Services or resources may contain links to the Application or access to them may be enabled through the Application (“Third-Party Services”). These Third-Party Services are not under our control and you acknowledge that we are not responsible for the Content, functions, accuracy, legality, suitability or any other aspect of such Third-Party Services. The inclusion of any such link or access does not imply our endorsement or any connection between us and the operators of these Third-Party Services. You further acknowledge and agree that we are not directly or indirectly responsible for any damage or loss caused or allegedly caused by the use of or reliance on any Third-Party Service available on any website or resource operated by or through third parties. You acknowledge that during your use of the Application you may be shown various types of third-party advertising Content.

8.2 Our Application may offer functions that are based on the location of Users and that may provide information about the location of these Users when using the Application (“Location-Based Services”). You may use these functions solely at your own discretion and you may opt out of using these Location-Based Services by turning off these functions. If you use Location-Based Services, you agree that we may collect and further process information about your location through the Application. More detailed information about our obligations and your rights related to the use of Location-Based Services can be found in the current version of our Privacy Policy.

8.3 If you downloaded the Application from the Apple App Store, the following additionally applies in relation to Apple Inc. and its subsidiaries (hereinafter “Apple”):

1. These Terms are concluded solely between You and the Company, not with Apple. The Company alone, not Apple, is responsible for the Application and its content.
2. Apple has no obligation to provide maintenance or support for the Application.
3. If the Application does not conform to any applicable warranty, you may inform Apple of this and Apple may refund any purchase price of the Application; to the maximum extent permitted by law, Apple has no other warranty obligations in relation to the Application.
4. The Company, not Apple, is responsible for handling any claims of the User or third parties relating to the Application (including claims for product liability, non-compliance with legislation and consumer protection).
5. The Company is responsible for the investigation and handling of third-party claims arising from the infringement of intellectual property rights in connection with the Application.
6. You may use the Application only on Apple-branded devices and in accordance with the usage rules set out in the App Store terms.
7. Apple and its subsidiaries are third-party beneficiaries of these Terms and are entitled to enforce them against You.

8.4 If you downloaded the Application from the Google Play store, its use is also governed by the Google Play terms of service. Google is not a party to these Terms and is not responsible for the Application or its content; the Company alone is responsible for the Application.

9. Task

9.1 A Selfie Task is a type of Task that the User completes by taking, during a Challenge or a 1vs1 Battle, a Selfie corresponding to the assigned Task (i.e. a Selfie meeting the specific assignment of the relevant round). The Application distinguishes the following Selfie Tasks:

• Selfie with a pose The User takes a Selfie during a specified activity, movement, facial expression or gesture (e.g. a smile, a victory hand gesture, etc.).
• Selfie with an object The User takes a Selfie with a specified physical object (e.g. with a book, headphones).
• Selfie with a drawing/inscription The User takes a Selfie with a handmade drawing/inscription. (e.g. a Selfie with a drawing of an apple or with the written slogan “Think positive”, etc.) To avoid any misunderstandings, the drawing/inscription must not be displayed on a device or shown on an image or photograph.
• Selfie at a location The User takes a Selfie at a specified or freely chosen location (e.g. a Selfie in Central Park in New York, etc.)
• Selfie with a product The User takes a Selfie with a specified branded or partner product, or with its logo or marking (e.g. with a specific can of a drink of a particular brand or with a brand logo). This type of Task is usually related to a Challenge of an Organiser or commercial partner.

9.2 Tasks for Challenges are selected by the Challenge Organiser(s) only.

9.3 Tasks for 1vs1 Battles for a User may be selected by the opposing User from a random group of Tasks.

9.4 Before the start of or during a round of both a Challenge and a 1vs1 Battle, the Application displays to the User the Task of the relevant round, usually in text. For specific Tasks, the Application may also display a visual preview or example (for example, an image of the specified object for a Selfie with an object) so that the User knows exactly what their Selfie must meet. Such a preview is illustrative only and does not replace the Task assignment itself.

9.5 Within the Application, a User is entitled to report their opponent if:

9.5.1 The Task assigned to such an opponent is not duly completed.
9.5.2 The face of the User’s opponent is not fully visible in the Selfie.
9.5.3 The Selfie has been edited.
9.5.4 The Selfie displays explicit Content.
9.5.5 They use a mobile phone, computer, tablet or other similar device to create or edit the Selfie instead of authentically taking it with the device’s camera in real time.

9.6 Within a Challenge, Users have 30 seconds to report a competition Selfie Task. After this time, it will not be possible to report the Selfie Task.

9.7 Users are prohibited from using mobile phones, computers, tablets or other similar devices to create Selfie content and subsequently photograph it instead of authentically taking the Selfie with the device’s camera in real time. However, if the Challenge Organiser expressly sets a Selfie Task that requires the use of such devices, this restriction shall not apply to that Selfie Task.

9.8 Users are prohibited from using any artificial intelligence technology, neural network, generative model or similar tool to generate, edit, enhance or otherwise manipulate Selfie photographs uploaded to the Application. Every Selfie photograph must be an authentic, unedited photograph taken with the camera of the User’s device in real time. A breach of this clause is considered a material breach of these Terms and may result in immediate disqualification from a Challenge or 1vs1 Battle, the forfeiture of Prizes and the termination of the Profile under clause 18.4 of these Terms. The Company reserves the right to implement technical measures to detect AI-generated or AI-edited content.

10. Challenges and Challenge Organisers

10.1 No purchase is necessary to enter or win a Challenge. Winners are selected on the basis of the Game mode under clause 10.5 of these Terms and are not selected on the basis of an element of chance. Subject to compliance with these Terms, Challenges are open to individual eligible Users. You can engage in a Challenge after installing or opening the Application on your mobile device, registering or logging into your existing Profile and joining a selected Challenge. We reserve the right to verify your eligibility before, during or after a Challenge.

10.1.1 Challenges are games of skill. Winners are determined solely on the basis of the skill and performance of the User (in particular response time and completion of the Task) according to the relevant Game mode; no element of chance decides the outcome. In the event of a tie, the earlier engagement of the User in the Challenge decides, not a draw. Participation in a Challengeis not conditional on any stake or purchase by the User.

10.2 The Challenge Organiser announces Challenges from time to time through the Application. The Challenge Organiser’s announcement will state the type or mode of the Challenge and the specific rules applicable to the Challenge, if any such specific rules apply. You can join a Challenge while it is active. We and/or the Challenge Organiser reserve the right to cancel a Challenge at our discretion and at any stage without restrictions. Various variations of Challenges may be announced, for example depending on the number of rounds, the number of players, the duration, the round winning criteria, the Tasks and the pairing of users into draws within the relevant Challenge.

10.3 The following data will always be visible to the User about a Challenge: the time range of the Challenge, including the date and exact time (stating the time zone) when the Challenge starts and ends, the Prize pool (all available Prizes in the Challenge), the Prize Value, the number of rounds (all competition rounds in the Challenge, where the start of each round and the time limit for completing each Selfie Task is clearly stated), the number of Users who have engaged in the Challenge, the identity of the Challenge Organiser, the identity of the Prize Provider and the minimum and maximum number of Users who may enter the Challenge, the exact date and time (including the time zone) of the deadline for Users to enter the Challenge and the deadlines for the collection of prizes for the Winners of the Challenge. The User may also see other data and information about the Challenge. Any image of a Prize that is displayed in the Application is illustrative only, and the Prize Provider or we do not in any way represent or warrant that the Prize will be awarded in the same colour, shape, size or with the same characteristics as shown in the image of the Prize in the Application. We reserve the right to postpone the time of announcing the winners of the challenge if necessary for any reason.

10.4 The Application records the entries of Users and, according to the Winning criteria of the relevant Game mode under clause 10.5 of these Terms, determines their ranking. The completion of a Selfie Task is, in all Game modes, verified through the Pixcham Judge application by independent judges (natural persons); each assessed Selfie is evaluated by at least two judges and, in the event of their disagreement, a third judge decides, whose decision is final (see clause 10.9 in more detail). The ranking of Users is, depending on the Game mode, determined (i) by response time (calculated as the time period beginning at the moment of display of the Selfie Task for the relevant round and ending at the moment of creation of the Selfie), or (ii) on the basis of an assessment of the creativity of the Selfie by persons authorised by the Company through its internal web interface (the STYLE Game mode). The Winner becomes the User who, according to the rules of the relevant Game mode, places in a winning position. Since natural persons decide on the completion of a Selfie Task and on the evaluation of the creativity of entries, this is not a decision based solely on automated processing under Article 22 of Regulation (EU) 2016/679 (GDPR). Beyond what the law requires, we provide you with the right to request a manual review of the result if you believe that it was evaluated incorrectly; the request may be submitted through the internal complaint mechanism under clause 7.19 of these Terms within 24 hours of notification of the result. This is without prejudice to the Consumer’s right to lodge a complaint under Article 20 of these Terms.

10.5 The following rules apply to Challenges:

10.5.1 KO Game mode

1. Users participating in a Challenge will be paired to compete in each round of the Challenge separately.
2. In each round of the Challenge, a new Task is displayed to Users through the Application.
3. Users should create a Selfie related to the Task within the prescribed time period.
4. After the expiry of the prescribed time period of a round, the winners of the round will be selected and will be entitled to take part in the next round, and the losers will be eliminated from the Challenge.
5. The potential winners of the individual duels in each round of the Challenge are selected by the Application automatically on the basis of the winning criteria - the response time of the User (calculated as the time period from the moment of display of the Task for the relevant round and ending at the moment of taking the User’s Selfie). If there is a draw, the User who engaged in the relevant Challenge earlier will be selected as the winner.
6. After a User is eliminated from a Challenge, they may no longer participate again in the relevant Challenge.
7. The winners of each round will be paired with each other to compete in the subsequent rounds of the Challenge.
8. After the last round of the Challenge, the User(s) placed in a winning position become, after verification of eligibility under Article 12 of these Terms, the Winner(s) and may receive a Prize from the Challenge Organiser and/or the Prize Provider. Prizes will be distributed in accordance with these Terms and the specific rules applicable to the Challenge, if such specific rules were announced.

10.5.2 DUEL Game mode

1. Users participating in a Challenge will be paired to compete in each round of the Challenge separately.
2. In each round of the Challenge, a new Task is displayed to Users through the Application.
3. Users should submit a Selfie related to the Task within the prescribed time period.
4. After the expiry of the prescribed time period of a round, the winners of each round will be selected and will be allocated the relevant number of Points.
5. The potential winner of the individual duels in each round of the Challenge is selected by the Application automatically on the basis of the winning criteria - the response time of the User (calculated as the time period from the moment of display of the Task for the relevant round and ending at the moment of taking the User’s Selfie). If there is a draw, the User who engaged in the relevant Challenge earlier will be selected as the winner.
6. All Users of each round will be paired with each other so that they can compete in the subsequent rounds of the Challenge.
7. The ranking of the User in the relevant Challenge is based on the total number of Points they collected in such a Challenge – the winner of the Challenge becomes the User with the best ranking in the Challenge after the last round of the Challenge.
8. After the last round of the Challenge, the User(s) placed in a winning position become, after verification of eligibility under Article 12 of these Terms, the Winner(s) and may receive a Prize from the Challenge Organiser and/or the Prize Provider. Prizes will be distributed in accordance with these Terms and the specific rules applicable to the Challenge, if such specific rules were announced.

10.5.3 SOLO Game mode

1. Users engaged in a Challenge will compete against all the other Users participating in the Challenge.
2. In each round of the Challenge, a new Task is displayed to Users through the Application.
3. Users should submit a Selfie related to the task within the prescribed time period.
4. After the expiry of the prescribed time period of a round, the potential Winners of each round will be selected and will be provided with the relevant number of Points.
5. The potential winners of the individual rounds of the Challenge are selected by the Application automatically on the basis of the winning criteria – the response time of the Users (calculated as the time period from the moment of display of the Task for the relevant round and ending at the time of taking the User’s Selfie). If there is a draw, the User who engaged in the relevant Challenge earlier will be selected as the winner.
6. Users continue to compete in the rounds of the Challenge.
7. The ranking of the User in the relevant Challenge is based on the total number of Points they collected in such a Challenge – the winner of the Challenge becomes the User with the best ranking in the Challenge after the last round of the Challenge.
8. After the last round of the Challenge, the User(s) placed in a winning position become, after verification of eligibility under Article 12 of these Terms, the Winner(s) and may receive a Prize from the Challenge Organiser and/or the Prize Provider. Prizes will be distributed in accordance with these Terms and the specific rules applicable to the Challenge, if such specific rules were announced.

10.5.4 STYLE Game mode

1. Users engaged in a Challenge compete against all the other Users participating in the Challenge.
2. In each round of the Challenge, a new Task is displayed to Users through the Application.
3. Users should submit a Selfie related to the Task within the prescribed time period.
4. After the expiry of the prescribed time period of a round, it is verified through the Pixcham Judge application whether the submitted Selfies meet the assigned Task; this assessment is carried out by independent judges (natural persons), whereby each Selfie is evaluated by at least two judges and, in the event of their disagreement, a third judge decides, whose decision is final (see clause 10.9 in more detail).
5. The Selfies that meet the Task are subsequently assessed and ranked by the Company through its internal web interface (by authorised persons) according to the creativity with which the Selfie meets the assigned Task; on the basis of this ranking, Users will be allocated the relevant number of Points. The ranking in this Game mode is not determined by the User’s response time.
6. Users continue to compete in the rounds of the Challenge.
7. The ranking of the User in the relevant Challenge is based on the total number of Points they collected in such a Challenge – the winner of the Challenge becomes the User with the best ranking in the Challenge after the last round of the Challenge. In the event of a tie in Points, the ranking is decided by the Company through its internal web interface; in the event of a continuing tie, the User who engaged in the relevant Challenge earlier is considered the winner.
8. After the last round of the Challenge, the User(s) placed in a winning position become, after verification of eligibility under Article 12 of these Terms, the Winner(s) and may receive a Prize from the Challenge Organiser and/or the Prize Provider. Prizes will be distributed in accordance with these Terms and the specific rules applicable to the Challenge, if such specific rules were announced.

10.6 Specific (more detailed) rules applicable to individual Challenges may apply, which the Company publishes through the Application. In order to obtain a potential win and to collect any Prize, you must comply with the Terms and these specific rules applicable to individual Challenges, if any exist. Any failure to comply with the Terms and/or the specific rules of a Challenge may result in disqualification, cancellation of your Profile and the loss of all awarded Prizes. Failure to comply with these Terms and/or the specific rules of a Challenge includes, but is not limited to, falsifying personal data or other forms of your User Content (including photographs), falsifying payment data that is necessary to obtain a Prize, breaching the appropriate conditions of the payment method, including the conditions of any payment card with monetary rewards, using unauthorised methods such as unauthorised scripts or other automated means, obtaining the information of other Users and spamming other Users and any other forms of misuse; or a breach of these Terms and/or the specific rules of a Challenge.

10.7 Users participate in Challenges at their own risk. We are not responsible for any of (i) unsuccessful, returned or misdirected notifications on the basis of inaccurate information provided by the Winner in connection with entry, (ii) the sending of and responses to Winner notifications that are lost, delayed, incomplete, illegible, unintelligible, with postage due, misdirected, damaged or otherwise not received by the intended recipient in whole or in part or due to a computer or technical error of any kind, (iii) any electronic miscommunications or failures, technical failures of hardware or software of any kind, lost or unavailable network connections or unsuccessful, incomplete, garbled or delayed computer transmissions that may limit the User’s ability to participate in Challenges, (iv) any technical malfunctions of the internet network, the computer on-line system, computer equipment or mobile device, software program malfunctions or other failures, delayed computer transactions or network connections that are human, mechanical or technical in nature, or any combination thereof, including any damage to the mobile device of the User or any other person related to or arising from the downloading of the Application or otherwise in connection with a Challenge.

10.8 Challenge Organisers

10.8.1 Only a natural person – an entrepreneur – or a legal person may be a Challenge Organiser.

10.8.2 In order to become a Challenge Organiser, a User must register in the “Business” section available on the Website. During the registration process, we may require from you an extract from the commercial register or an extract from the company register (or any similar document issued in your jurisdiction), any document demonstrating VAT registration, a utility bill and other documents that we may consider appropriate to carry out our KYC/ Know Your Customer / AML/ Anti-Money Laundering check. By registering as a Challenge Organiser, you represent that:

1. No decision has been taken for your liquidation and no liquidator has been appointed.
2. You are not insolvent and, under Slovak law or any other relevant jurisdiction, there is no insolvency-related impediment in respect of you, and no petition for a declaration of insolvency has been filed against you before an insolvency court (in each case within the meaning of the applicable insolvency legislation), and you have not become the subject of any similar event, proceeding or arrangement under the laws of any relevant jurisdiction.
3. No person has appointed, in respect of you or all or any part of your assets, any administrator, insolvency administrator or any other insolvency administrator or manager, and no steps have been taken to commence such an appointment. No analogous appointments have been made or initiated under the laws of any relevant jurisdiction.
4. You are not a person involved in any money laundering or terrorist financing scheme, you comply with all anti-money laundering obligations applicable to you under the applicable laws and you do not appear on the list of specially designated nationals of the U.S. Department of the Treasury or on any similar list of sanctioned persons. You agree that you will fully indemnify, defend and hold us harmless and reimburse us for all claims, costs, liabilities, damages and/or losses (whether arising directly or indirectly) resulting from any of your above representations being false or inaccurate.

10.8.3 We reserve the sole right to refuse any application for registration as a Challenge Organiser without stating a reason.

10.8.4 After registration is approved, the Challenge Organiser may create Challenges through the “Create a Challenge” section on the Website. The Challenge Organiser must select the place where the Challenge will be organised and then fills in the required parameters to create and set up the Challenge.

10.8.5 We charge the Challenge Organiser a Licence Fee for launching a Challenge within the Application. The exact amount of the Licence Fee is set before the completion of the Challenge creation process. The fee must be paid by the Challenge Organiser on our Website via the Stripe payment processing platform. Failure to pay the fee means that the creation of the Challenge will not be completed and the Challenge will not be launched within the Application. After payment of the Licence Fee, an invoice will be automatically generated for the Challenge Organiser and sent to the email that the Challenge Organiser entered upon registration. By paying the Licence Fee for a Challenge, the Challenge Organiser obtains the right to use a licence that enables access to the Content and all functions of the Platform related to that Challenge. This licence gives the Challenge Organiser the right to use the Content and functions of the Platform within the conditions and restrictions set out, which are stated in our rules and conditions. The Licence Fee also includes the right to use the Pixcham Studio application.

10.8.6 Monetary Prizes are offered, financed and paid out exclusively by the Company within its own marketing activities aimed at promoting the Platform and acquiring new Users. Challenge Organisers(third parties) may offer exclusively non-monetary Prizes within their Challenges. Monetary Prizes are expressed in euros and their amount is governed by the rules of the relevant Competition. In the event that a User wins a monetary Prize, it is credited to their Wallet.

10.8.7 The Challenge Organiser is fully responsible for ensuring that the Challenge is created in accordance with these Terms and the Community Guidelines. The Challenge Organiser bears full responsibility towards the other Users participating in the Challenge for compliance with the rules announced for such a Challenge.

10.8.8 The Challenge Organiser may not participate in the Challenge as a User. This restriction also includes their family members and related persons. The following persons are also excluded from participation in that specific Challenge:

1. employees of the Organiser and persons in a similar legal relationship (for example, persons working under work-performance agreements);
2. statutory representatives, partners and persons with decision-making influence in the Organiser (in particular managing directors, authorised representatives, members of the board of directors or the supervisory board);
3. persons living in a common household with the persons referred to in points (a) and (b), specifically the spouse, partner, children, parents and siblings living in a common household.

The Company verifies such exclusion only on the basis of a reasonable suspicion of a breach of this rule and after a demonstrable enquiry directly to the person concerned. The Organiser is obliged, before creating the Challenge, to inform the persons referred to in points (a) to (c) of this exclusion.

10.8.9 The Challenge Organiser is responsible for awarding the Prize once the conditions for awarding it have been met. This responsibility cannot be transferred to the Prize Provider, even in the event that the Challenge Organiser agrees with the Prize Provider that the Prize will be handed over by the Prize Provider. The Company provides the Challenge Organiser with the information necessary for awarding and delivering the Prize, in particular the identification details of the Winner, on the legal basis of performance of a contract within the meaning of the Privacy Policy; by participating in a Challenge, the User acknowledges that, upon winning, such provision of their data will occur. The Challenge Organiser undertakes that the personal data of Users obtained through the Platform:

1. will be used solely for the purpose of delivering the Prize and communicating with the Winner in connection with that Challenge;
2. will not be shared with third parties without the prior consent of the User concerned, with the exception of the Prize Provider to the extent necessary to deliver the Prize;
3. will not be used for marketing purposes without the specific and demonstrable consent of the User concerned;
4. will be securely deleted or anonymised no later than 90 days after delivery of the Prize or after the end of the Challenge, whichever occurs later;
5. will be processed in accordance with the relevant personal data protection legislation, including Regulation (EU) 2016/679 (GDPR), the UK GDPR and the Swiss Bundesgesetz über den Datenschutz (nDSG).

A breach of the obligations under this clause is considered a material breach of these Terms within the meaning of clause 10.8.12.

10.8.10 We facilitate the functioning of the Challenge and provide technical support to the Challenge Organiser. However, we do not interfere in the Challenge process. This does not prevent us from taking any necessary measures if the Challenge Organiser were to breach these Terms when operating the Challenge.

10.8.11 We may provide the Challenge Organiser with any further Services enabled by any functions of the Application for operating the Challenge. Such Services are always subject to an individual agreement between us and the Challenge Organiser.

10.8.12 The Challenge Organiser undertakes to indemnify the Company for any damage and costs (including the costs of legal representation and penalties imposed by public authorities) incurred as a result of a breach of these Terms or of applicable legislation in organising a Challenge, caused by an act or omission of the Challenge Organiser. A material breach of these Terms is considered to be, in particular, the failure to award a Prize to a Winner where the conditions for awarding it have been met and the Winner has not lost entitlement to the Prize, as well as a breach of the obligations of the Challenge Organiser under clause 10.8.9 of these Terms; the limitations of liability under clause 13 of these Terms shall not apply to such breaches.

10.8.13 The Challenge Organiser is entitled to regulate the advertising Content in the Application that may be displayed to the User when participating in a Challenge. The Challenge Organiser bears full responsibility for such advertising Content, which must always comply with the rules set out in these Terms and applicable laws. In particular, such advertising Content may not:

1. be unlawful, threatening, abusive, harassing, defamatory, offensive, deceptive, fraudulent, invasive of the privacy of another, illicit, obscene, vulgar, pornographic, insulting, profane, containing or depicting nudity or sexual activity, otherwise breach any law or right of a third party or be otherwise inappropriate;
2. infringe any patent, trademark, trade secret, copyright, privacy rights or other rights of any third party; or
3. breach any applicable law, regulation, court or administrative order or contractual obligation.

10.8.14 The Challenge Organiser bears full responsibility for compliance with all applicable national, federal and international laws and regulations, including generally binding consumer protection rules and generally binding rules relating to advertising in the individual jurisdictions in which the Challenge is organised, which may apply to organising a Challenge through the Application.

10.8.15 The Challenge Organiser is obliged to provide Users with an email contact to which they can turn with questions concerning the Challenge. The Challenge Organiser is obliged to provide answers to such questions within a reasonable time of no longer than 48 hours from the date of receipt of the question, in order to ensure the smooth course of the Challenge and to provide Users with the necessary support.

10.8.16 The Challenge Organiser is fully aware that the Company does not guarantee any specific maximum number of users stated in the Dashboard when creating a Challenge. The Challenge Organiser acknowledges that we are not responsible for any fluctuations in the number of registered Users or for any failure to reach the set limit of registered Users.

10.8.17 The Challenge Organiser is obliged, within 7 calendar days of the end of the Challenge, to send a win-confirmation notice in PDF format for each Prize to the email of the Winner.

10.8.18 The Challenge Organiser is entitled to ask the Company to cancel its account in the Dashboard exclusively subject to fulfilment of the following conditions:

1. a period of at least 30 days has elapsed from the date of the end of its Challenge; and
2. the Challenge Organiser submits proof that all the Prizes offered within the Challenge have been duly handed over to the eligible Winners. Relevant documentation, confirmations from the Winners or other appropriate and verifiable records that demonstrate the fulfilment of the Organiser’s obligations towards the participants of the Challenge are considered sufficient proof.

10.8.19 The Challenge Organiser hereby expressly agrees that the Company is entitled, even after the cancellation of its account in the Application, to continue to display basic information about the Challenges that the Challenge Organiser organised. This information may be presented, for example, in the form of an infographic of a specific Challenge and will be used primarily for archival or presentation purposes within the Application.

10.8.20 If the Winner does not receive the Prize within the period set out in the conditions of the specific Challenge, or, if no period was set, within 30 days of notification of the win, the Winner may lodge a complaint through:

1. the complaint form in the Application;
2. the email address support@pixcham.com.

Upon receipt of a complaint, the Company will, within 14 working days, contact the Challenge Organiser and request fulfilment of the obligation to award the Prize. If the Organiser does not fulfil the obligation within a further 14 working days of being contacted by the Company, the Company may:

1. deactivate the Organiser’s Profile under clause 18.4;
2. record the breach in the Company’s internal database for the purpose of future assessment of the Organiser’s request to reuse the Application;
3. provide the Winner with information about the options for asserting a claim directly against the Organiser, including its contact details.

The Company acts in this process as an intermediary and not as a guarantor of delivery of the Prize. The final responsibility for awarding the Prize remains with the Challenge Organiser within the meaning of clause 10.8.9. The provisions of clause 13 of these Terms apply mutatis mutandis to the scope of the Company’s liability under this clause.

10.8.21 A Challenge may be organised in several countries. The Challenge Organiser is responsible for the compliance of the Challenge with the legislation on promotional competitions, consumer protection and advertising in each country at which the Challenge is targeted, including any registration or notification obligations, restrictions on the form and value of Prizes and age restrictions. The Company is entitled to restrict the availability of the Challenge or of certain types of Prizes for individual countries and to adjust the form of the Prize (for example, a non-monetary Prize instead of a monetary one) or the age limit (for example, 18+ only) if the law of the relevant country requires this, including during an ongoing Challenge.

10.8.22 In the case of a private Challenge that Users join on the basis of a list of invited persons provided by the Challenge Organiser, the Challenge Organiser represents and is responsible for ensuring that it has a legal basis for using the email addresses of the invited persons for the purpose of inviting them to the Challenge and that the invited persons were informed of the use of their data. The Company processes this list on behalf of the Challenge Organiser solely for the purposes of managing access to the Challenge and sending invitations. The Company retains the list of invited persons for the needs of further Challenges of the Challenge Organiser and deletes it without undue delay upon the request of the Challenge Organiser, but no later than upon cancellation of its business account.

10.8.23 The Challenge Organiser must not artificially divide a Prize intended for a single Winner into several separate payments in order to avoid tax obligations or verification of the Winner’s identity.

10.8.24 In the case of a private Challenge with access via a QR code, distribution of the code is ensured by the Challenge Organiser by its own means and at its own responsibility; the Company is not responsible for the engagement of persons to whom the code was made available beyond the intention of the Challenge Organiser. Entry to the Challenge is limited by the capacity of the Challenge and the validity of the code, which ends upon the launch of the Challenge.

10.9 Judging of photographs

10.9.1 The Company has independent judges who are responsible for judging competition Selfie Tasks in Challenges, non-competition Selfie Tasks in 1vs1 Battles or reported Selfies that breach these Terms. The judges decide through the Pixcham Judge mobile application. They are also obliged to maintain the confidentiality of competition photographs and information relating to Battles and Challenges.

10.9.2 The judges are in charge of evaluating the completion of competition Selfie Tasks in Challenges or 1vs1 Battles and decide whether the Tasks were performed by competitors in accordance with the requirements and rules of the Competition.

10.9.3 The judges are independent individuals who do not have information about the other judges and do not even know which competition Selfie Task relates to a specific Challenge. They make all decisions through the Pixcham Judge mobile application, which ensures the anonymity and independence of the evaluation.

10.9.4 In the case of Challenges, one Selfie Task must have the consent of two judges from a group consisting of three or more judges. In the event of disagreement between two judges, the final decision will be taken on the basis of the opinion of a third judge. The results of these decisions are final and no appeals or changes will be possible. In the event of a finding of a breach of these rules, the Company reserves the right to exclude the judge concerned from the decision-making process. In this way, the Company ensures the objectivity and independence of the decision-making process.

10.10 Promo Code

10.10.1 The Company may, on conditions at its own discretion, provide the Challenge Organiser with a Promo Code. The use of the Promo Code may be subject to certain conditions set by the Company, which will be communicated upon provision of the Promo Code. These Promo Codes serve exclusively to obtain discounts on the purchase of Challenges on the Dashboard.

10.10.2 The use of a Promo Code may be subject to specific conditions stated upon distribution of the Promo Code, including a limitation on the number of uses, the validity period of the Promo Code and geographical restrictions.

10.10.3 The Company reserves the right to cancel, restrict or modify the validity of a Promo Code and its benefits at any time without prior notice.

10.10.4 Upon termination or deactivation of the Organiser’s account (whether voluntary or by the Company under clause 18.4), unused Promo Codes are cancelled without any right to compensation. The Company informs the Organiser of the upcoming termination at least 30 days in advance by email, if such termination is initiated by the Company for reasons other than a breach of these Terms. In the case of termination due to a breach of these Terms, Promo Codes are cancelled immediately.

10.11 Credit

10.11.1 A Credit is a virtual monetary unit expressed in EUR intended exclusively for an Influencer who has an account created and verified by the Company in the Application as a Pixcham Influencer. These Credits serve exclusively to reduce the price when purchasing a Challenge. Credits are credited to the Challenge Organiser’s account in the Dashboard. A Pixcham Influencer must have an account verified by the Company in order to obtain and apply Credits.

10.11.2 A Pixcham Influencer has the option of obtaining Credits in two distinct ways. The first way concerns the number of Users who downloaded the Pixcham Application via their unique referral link, which is available in the Pixcham Influencer’s profile. The second way involves the number of new Followersof their Profile in the Application.

10.11.3 A Pixcham Influencer will be allocated Credits worth EUR 5 to their account in the Dashboard for each new User who downloads the Application via their referral link and actively participates in at least 3 Challenges. A Pixcham Influencer will be allocated Credits worth EUR 0.5 to their account in the Dashboard for each new follower who actively follows the Pixcham Influencer’s profile and actively participates in at least 3 Challenges.

10.11.4 Credits are not transferable to another person or Challenge Organiser, which means that they cannot be shared with other people or entities. Credits are not exchangeable for cash, which means that the Credits obtained cannot be exchanged for their monetary equivalent.

10.11.5 Credits are valid for up to 18 months from the date they are obtained. If during this period you do not make any purchase of a Challenge, the Credits automatically expire 18 months after they are obtained.

10.11.6 In order to achieve verification of a Pixcham Influencer profile, the Influencer must publish and share 3 posts on their Instagram or TikTok social network concerning our Application and, in doing so, comply with the instructions set by the Company, which will be sent to them by email. In this way, the Company verifies the authenticity of the Influencer’s profile on the Instagram or TikTok social networks and ensures that the Influencer has fulfilled all the necessary conditions to obtain verified Pixcham Influencer status.

10.11.7 The Company also reserves the right to reject a Pixcham Influencer profile without stating a reason. This right serves to ensure compliance with the conditions and principles set for the verification of profiles and may be applied in the event that the Company finds non-fulfilment of these conditions or any breach of the rules that could affect the integrity or credibility of the Pixcham Influencer. In the event of rejection of the profile, the Influencer will be informed of this fact and will not be entitled to the allocation of Credits or other benefits associated with verified status.

10.11.8 The Challenge Organiser always pays a minimum amount of EUR 5 excluding VAT after the use of Credits in payment. For example: the Challenge Organiser has EUR 600 in Credits in its Dashboard and the final price for its Challenge is EUR 500 excluding VAT. In this case, the maximum deductible number of Credits is EUR 495, because EUR 5 excluding VAT represents the minimum fee that the Challenge Organiser must pay after deduction of all Credits and Promo Codes.

10.11.9 The procedure for creating an account for a Pixcham Influencer can be defined in detail as follows:

1. Download the iOS or Android Pixcham Application
2. You create a Profile
3. Go to your Profile in the Application
4. Click on the option “Become an Influencer”
5. Insert the link to your social profile on Instagram or TikTok into the relevant field in the Application. Before you insert the link to your social profile, make sure that you have fulfilled all the set requirements, including a minimum number of 5,000 followers on Instagram or TikTok.
6. The Company will send you Content and instructions by email to share on your Instagram or TikTok social networks.
7. In the event that the Company approves your account, you will be informed of this by email.

By following this procedure, you can become a Pixcham Influencer and gain access to benefits such as Credits and other advantages.

10.11.10 The Company reserves the right to cancel or suspend your participation in the program or any Credits that you have obtained and not yet used, in the event of detection of fraud, misuse of reward privileges, a breach of these Terms, Community Guidelines, or at our own discretion.

10.11.11 The Company assumes no responsibility for technical problems or technical malfunctions that may occur, to the maximum extent permitted by the applicable laws, in connection with any of the following events that may affect the operation of the Credits and/or the site.

10.11.12 A Pixcham Influencer logs into the Dashboard with the same email and password that they entered when creating a Profile in the Application. After the first login to the Dashboard, they are obliged to fill in important identification and billing details.

10.11.13 Upon termination of a Pixcham Influencer’s Profile (whether voluntary on the part of the Pixcham Influencer or by termination by the Company), unused Credits are cancelled without any right to their monetary compensation. In the case of termination due to inactivity (defined in the Community Guidelines), the Pixcham Influencer is informed 30 days in advance by email of the upcoming termination and of the option to use the collected Credits before termination. In the case of termination due to a breach of these Terms, Credits are cancelled immediately.

10.11.14 A Pixcham Influencer is obliged, in every post, story, video or other marketing content concerning the Application or the Company, to state openly and intelligibly that it is a paid collaboration with the Company. Specifically, the Pixcham Influencer is obliged to:

1. in every piece of content on Instagram, TikTok, YouTube, X or another social network, use the hashtag #ad, #sponsored, #spolupraca, #PixchamPartner or another unambiguous designation of paid collaboration in accordance with the rules of the relevant social network;
2. when sharing their unique referral code or affiliate link, clearly state that the Pixcham Influencer obtains a financial benefit (Credits) in the event of successfully inviting new Users;
3. comply with the FTC Endorsement Guides (for the USA), the ASA/CAP Code (UK), the German Act against Unfair Competition (UWG), in particular Section 5a UWG, and the relevant case law and self-regulatory bodies (e.g. Wettbewerbszentrale), the DGCCRF (France), the AGCM (Italy) and other applicable rules in the jurisdictions where the Pixcham Influencer has Followers;
4. not publish deceptive, misleading or false claims about the Application, the Company, the Prizes or the probability of winning in Challenges.

A breach of these obligations may result in:

1. cancellation of Pixcham Influencer status;
2. cancellation of all collected Credits without any right to compensation;
3. in the case of a repeated or serious breach, permanent deactivation of the Profile under clause 18.4;
4. an obligation to reimburse the Company for damage, if the Company has been sanctioned by a regulatory authority (for example, the FTC, ASA, DGCCRF) as a result of a breach of these rules by the Pixcham Influencer.

10.12 Reservation as to endorsement, sponsorship, administration and association of Challenges

10.12.1 Challenges are in no way sponsored, endorsed, administered by or associated with Apple Inc., ByteDance Ltd., Google LLC, Twitter, Inc. or Meta Platforms, Inc.

11. 1vs1 Battles

11.1 Subject to compliance with these Terms, 1vs1 Battles are open to individual Users. You can engage in a 1vs1 Battle after installing or opening the Application on your mobile device, registering or logging into your existing Profile and starting or joining a 1vs1 Battle. We reserve the right to verify your eligibility before, during or after a 1vs1 Battle.

11.2 The winners of 1vs1 Battles (or of the individual rounds of a 1vs1 Battle, if the 1vs1 Battle is played in multiple rounds) will be automatically selected by the Application on the basis of the score achieved by the User in the 1vs1 Battle, which is assigned depending on the User’s response time (calculated as a time period, beginning at the moment of display of the Task for the relevant round and ending at the moment of uploading your photograph). In the event of a draw, no Winner will be selected. The Tasks are selected by the User who starts the 1vs1 Battle, and they may relate to physical objects, abstract poses or gestures, locations, drawings and/or sounds.

11.3 The User starts with 100% Fairplay, which they see in their Profile. For each confirmed instance of cheating in a Challenge or 1vs1 Battle (in particular an inauthentic or manipulated Selfie) or for an unjustified report of another User, the Fairplay rating is reduced by a set percentage for each breach. After the Fairplay is reduced to 0%, the User is temporarily disqualified from playing Challenges and 1vs1 Battles for a set period, until the rating is restored. The specific amount of the reduction, the number of breaches and the length of the temporary restriction are published by the Company in the Application and in the Community Guidelines.

11.4 The following rules apply to 1vs1 Battles:

1. Users may individually select (invite) another User to a 1vs1 Battle or their opponent in the 1vs1 Battle will be selected and assigned randomly by the Application.
2. In each round of the 1vs1 Battle, the User selects a new Task from a random group of Tasks for the opponent.
3. Users may upload a Selfie related to the Task within the prescribed time period.
4. After the expiry of the prescribed time period of the round, the winner of the 1vs1 Battle will be selected.
5. The winner of an individual round in each round of the 1vs1 Battle is selected by the Application automatically according to the winning criteria – the response time of the User (calculated as the time period from the moment of display of the Task for the relevant round and ending at the time of taking the User’s Selfie). In the event of a draw, none of the Users participating in such a round will be selected as the Winner.
6. If a 1vs1 Battle consists of multiple rounds, the winner of the 1vs1 Battle will be selected on the basis of the rounds of the 1vs1 Battle won by the relevant User.

12. Prizes

12.1 In their Profile in the Application, the User can view a summary of all the collected Prizes that they have won. Monetary and non-monetary Prizes are displayed and managed in the User’s Profile in the Prizes section. Monetary Prizes are displayed and managed in the User’s Profile in the Wallet section (as defined in Article 1). This section provides information about recent transactions, account status and available funds. The Winner(s) can further transfer the monetary prize to their bank account through the Wise platform. The Company reserves the right to deduct the fees associated with the transfer of monetary winnings.

12.2 The moment of payment of a monetary Prize is considered to be the moment when the amount corresponding to the monetary Prize is successfully credited to the User’s Wallet within the Application. This date of crediting the monetary Prize will also be considered the official date of payment of the Prize, in order to ensure an unambiguous interpretation and the binding nature of this point in time for all those involved.

12.3 For monetary Prizes provided by the Company, the Company, as the payer, ensures fulfilment of the withholding tax obligation under Act No. 595/2003 Coll. on income tax, if it applies to the Prize (in particular where the value exceeds EUR 350). For non-monetary Prizes provided by the Challenge Organiser or the Prize Provider, that Challenge Organiser or Prize Provider ensures taxation. The Winner is responsible for fulfilling the tax obligations arising from receipt of the Prize in their country of tax residence.

12.4 Upon payment of a monetary Prize, fees associated with its transfer (in particular bank fees and payment gateway fees) may be charged. Only the Prize or part of it may be paid out, provided that its amount exceeds the amount of these fees current as at the date of payment of the Prize. The amount of the fee depends on the amount of the monetary Prize and the applicable local regulations and will be transparently displayed to the User in the Profile in the Application (in the “Wallet” section) before the Prize is paid out. The User’s consent to this fee is necessary to complete the Prize payment process.

12.5 The potential Winner will be contacted by the Company, the Challenge Organiser or the Prize Provider via the current email address stated in their Profile and may obtain the Prize(s) on the basis of confirmation of verification of eligibility and fulfilment of all the relevant conditions. The potential Winner must respond to the email notifying them of being a potential Winner within 48 hours of it being sent (or within the period stated in the email notifying of the potential Winner, if it is longer than 48 hours). After sending the email notifying of a potential Winner, the Challenge Organiser reserves the right to contact the potential Winner also by telephone. If the potential Winner does not respond to the notification email within the set period, they may be disqualified and lose entitlement to any Prize(s), and the Challenge Organiser reserves the right to further use of the Prize. A Substitute Winner means a User who placed in the next winning position in a Challenge or a 1vs1 Battle according to the rules of the relevant Game mode and who may receive a Prize if the original Winner loses entitlement to it, is disqualified or does not collect the Prize.

12.6 In cases involving larger monetary Prizes or tangible Prizes, you may be contacted directly by the Organiser of the Challenge or the Prize Provider in order to agree on the time and manner of collecting the Prize. You also agree that after the end of each Challenge, in which you participate, you will use your own initiative to find out whether you have won a Prize.

12.7 If the Organiser of the Challenge and/or the Prize Provider finds that it cannot deliver the Prize to you in time for any reason, including, among other things, legal restrictions, an event of force majeure, construction failure or any other reason, you may agree with the Organiser of the Challenge, that instead a financial amount will be chosen, which will be in the amount of the Prize Value assigned to the relevant Prize. In the event of awarding a financial amount, no further Prizes or compensation of any kind will be provided.

12.8 The Prize is not assignable or transferable to any third party and no substitutions are permitted other than the substitutions set out in clause 12.7 of these Terms. In addition, if the Prize cannot be collected or provided to the winner as a result of any applicable law, rule or regulation, or if the winner cannot for any reason claim the Prize, the Organiser of the Challenge reserves the right not to award the Prize at all. The Winner is solely responsible for compliance with all applicable international and/or national tax and customs laws and regulations and for the payment of all taxes, levies or similar payments or withholdings from the Prize.

12.9 The Winner is responsible for communication with us, the Challenge Organiser and/or the Prize Provider and the provision of correct contact details for the purpose of ensuring delivery of the Prize. The Company, the Challenge Organiser and/or the Prize Provider will endeavour to contact the Winner and agree on the manner of collecting the Prize.

12.10 Tangible Prizes are provided in the condition in which they are and without warranty. The Challenge Organiser endeavours to ensure delivery of the prizes in the best possible condition and with reasonable measures for their protection during transport. The User is obliged, upon collection of the Prize, to check its condition and to report obvious damage or non-conformity with the description to the Challenge Organiser electronically to the email of the Challenge Organiser without undue delay, usually within 14 days of collection of the Prize. Failure to comply with this period does not affect the statutory rights of the Consumer arising from liability for defects under the law of the country of their habitual residence.

12.11 The Challenge Organiser is responsible for sending tangible Prizes to the Winners. Users who have successfully won tangible Prizes and fulfilled all the set conditions will be entitled to receive the Prizes that were promised to them. The Challenge Organiser undertakes to carry out all the necessary steps to deliver the Prizes to the Winners within the set time frame and in accordance with the provisions of these terms and the relevant legislation.

12.12 Any applicable import duties, registration costs or other taxes or duties associated with the Prize are solely the responsibility and at the expense of the User.

12.13 A potential Winner will be confirmed as a Winner eligible to obtain the Prize(s) only after the Company completes verification of the potential Winner’s eligibility to win and confirms that the potential Winner has complied with all the conditions. The potential Winner must be willing and able to collect and/or accept the Prize(s) in full within the period set by the Challenge Organiser. Potential Winners are subject to confirmation and verification by the Challenge Organiser in any manner that the Challenge Organiser considers appropriate. In order for a potential Winner to be confirmed and verified as eligible to win, they must comply with all the conditions set out in these terms and meet all the requirements.

12.14 In order to obtain the Prize(s), the potential Winner must complete the Winner Documentation fully and accurately and submit it in time by the date determined by the Challenge Organiser, otherwise they may be disqualified and lose entitlement to the Prize(s). If collection or use of the Prize requires fulfilment of health or safety conditions arising from applicable legislation or from the nature of the Prize (for example, an experiential Prize associated with physical activity), the Winner may be asked to demonstrate fulfilment of them; such data is processed solely to the extent and on the basis set out by legislation, or on the basis of the express consent of the Winner, and is destroyed without delay after verification.

12.15 The Challenge Organiser is entitled, before handing over the Prize, to verify fulfilment of the conditions of participation and the eligibility of the Winner under these Terms and the Official Rules of the Challenge, in particular to verify the identity and age of the Winner, the fact that the Winner is not a person listed on the sanctions lists of the EU, the UN or the USA, and that during the Challengethey did not breach these Terms or the Community Guidelines. The Challenge Organiseris entitled to disqualify a potential Winner also on the basis of publicly known facts for which awarding the Prize could seriously damage the good name of the Challenge Organiser; disqualification must not be based on race, skin colour, nationality or ethnic origin, religion or belief, sex, gender reassignment, sexual orientation, marital status, pregnancy or maternity, or on any other protected characteristic.

12.16 The following provisions of clauses 12.16 to 12.19 apply only to the extent that they are relevant to the specific Prize offered within a Challenge. In the case of Prizes that include winning a car or other vehicle, the Winner is solely responsible for further equipment/accessories that are not stated in the description of the Prize or in these Terms, as well as for insurance, fuel, vehicle maintenance and all other charges and expenses associated with collecting and using any vehicle related to the Prize in the Challenge. If the Prize is a lease of a car or other vehicle, the Winner will be responsible for compliance with the standard provisions of the relevant lease agreement and will be responsible for excessive wear/use and mileage beyond the kilometres stated in such lease agreement, at the price for each additional kilometre/km stated in such lease agreement. In the case of any vehicle that is the subject of a Win, the Company, the Challenge Organiser and/or the Prize Provider, the other partners or the vehicle manufacturer have not provided and do not bear responsibility for any warranty, representation or guarantee, express or implied, factual or legal, relating to the vehicle that is the subject of the Prize, including, but not limited to, its quality, mechanical condition or fitness (other than those that cannot be excluded under the applicable legislation). Notwithstanding this, the standard limited warranty of the vehicle manufacturer may be provided for the winning vehicle, as stated in the Vehicle Owner’s Manual. The actual drawn vehicle to be awarded may not be the vehicle depicted in the Application but must have a similar specification. The Challenge Organiser determines the interior/exterior colours of the vehicle at its own discretion. The Winner may be asked, before collecting the vehicle, to present proof of valid insurance and a driving licence. The Winner must collect the vehicle at the place and time chosen by the Company, the Challenge Organiser and/or the Prize Provider. The Company, the Challenge Organiser and/or the Prize Provider reserves the right to postpone delivery of the vehicle or to replace it with a similar vehicle of the same or higher value if the vehicle as described were unavailable for any reason.

12.17 For all travel wins, you must travel on the dates and route that the Challenge Organiser states. Lost or stolen air tickets, travel vouchers or certificates or similar items will not be replaced once they come into your possession. Any expenses that are not stated in the Experience Rules, including, but not limited to, rerouting fees, checked baggage fees, meals and gratuities, transfers and ground transport, are the sole responsibility of the winner. If specific dates are stated on the Prize and the Winner cannot travel on these set dates, the Prize is forfeited and may be awarded to a substitute Winner who will be selected by a verifiable selection from all the remaining eligible winners. In such cases, the Winner whose win has been forfeited will not be entitled to any substitute Prizes or to any compensation. The Winner is responsible for all the required travel documents and identification, including, without limitation and as necessary, any passport or visa, as well as for meeting all the other requirements for entry into the relevant destination. If, in the assessment of the Challenge Organiser, air transport is not necessary given the proximity of the place where the Winner is located, the Challenge Organiser may, at its own discretion, provide ground transport as a substitute for air transport.

12.18 Prizes that include attendance at an event are available subject to availability. If the event is postponed or rescheduled for any reason, tickets to the postponed or rescheduled event may be provided at the discretion of the Challenge Organiser. If the event is cancelled for any reason, any remainder of the Prize may be awarded without the planned event, or the Challenge Organiser may replace the Prize with another of the same or higher value at its own discretion.

12.19 Prizes that include a personal meeting or greeting will be awarded subject to the availability of the person(s) with whom the meeting is to take place. In the event that the meeting cannot be realised, the Challenge Organiser reserves the right to substitute the Prize in another way. This substitution may be of the same or higher value and will be determined at the own discretion of the Challenge Organiser. A substitute meeting or greeting may be offered if a substitute date exists; otherwise the substitution may take place in another form in accordance with the decision of the Challenge Organiser in the event that the original meeting or greeting could not take place. The Challenge Organiser may require the Winner, before participating in the event or meeting, to be examined by a doctor or other appropriate healthcare professional. The Challenge Organiser reserves the right to refuse participation in the event to any Winner if it is determined that the person is not fit, is not in a safe condition, is acting in a dangerous manner, does not meet the requirements of the given component of the event (which may include, among other things, height/weight, age or ability requirements, vaccination requirements or the health condition of the participant) or for any other reason that the Challenge Organiser determines at its reasonable discretion. In such circumstances, the potential Winner may be asked to take cash or other alternative prizes within the Prize(s), if available. If such an alternative Prize is not available, the potential Winner may be disqualified.

12.20 A User, potential Winner and/or Winner may be ineligible to obtain the Prize(s) and/or disqualified for the following reasons:

1. failure to meet all the eligibility conditions set out in these Terms of Service,
2. failure to comply with these Terms of Service and the Privacy Policy,
3. failure to provide a valid email address at the time of entry,
4. failure to respond in time to the email notifying of the Potential Winner,
5. the Company, the Challenge Organiser and/or the Prize Provider, after making all reasonable attempts, are unable to contact the Potential Winner within 96 hours of notification of the potential Winner,
6. the Company, the Challenge Organiser and/or the Prize Provider is unable to verify the identity and verification of the potential Winner to its reasonable satisfaction within 7 working days of the relevant draw of the potential Winner,
7. failure to complete the Winner Documentation and/or the background check and/or security check documents in time,
8. failure to successfully pass the background check and/or security check to the full satisfaction of the Challenge Organiser,
9. providing false, incomplete and/or misleading information to the Company, the Challenge Organiser and/or the Prize Provider or any of the other Partners of the Challenge Organiser,
10. committing any fraud or deception in connection with any conduct, use of the Application, the Website and/or the relationship with the Challenge Organiser,
11. threatening, insulting or harassing the Company, the Challenge Organiser and/or the Prize Provider or any of the employees at any time before the awarding of the Win(s) or during the Challenge,
12. inability to collect the Prize(s) in time for any reason, including, but not limited to, the inability to travel to the place where the Prize(s) is (are) fulfilled and/or delivered, and/or injury or death, and
13. the inability of the Company, the Challenge Organiser and/or the Prize Provider to award or otherwise fulfil the Prize(s) in time due to circumstances beyond the control of the Company, the Challenge Organiser and/or the Prize Provider, including, but not limited to, legal restrictions, force majeure, natural disasters, pandemics/epidemics, terrorism and/or weather.

12.21 The Challenge Organiser reserves the right to decide on the manner of delivery of the Prize(s), including gift cards and discount coupons, at its sole discretion via the Dashboard when creating a Challenge. This manner of delivery may include electronic transmission, for example by email, or physical delivery to the Winner’s permanent residential address that they stated in the Application. The Challenge Organiser reserves the right to the final decision in this matter.

12.22 If the Winner at any time and for any reason decides to refuse part or all of the Prize(s), or if they do not accept delivery of the Prize(s) within a reasonable period, the Winner is not entitled to any alternative Prize(s), in whole or in part, or to any other compensation of any kind, and the Company or the Challenge Organiser has no obligation to award the refused or uncollected part of the Prize(s) to an alternative winner.

12.23 The Challenge Organiser is obliged to state in the Dashboard, when creating a Challenge, whether the prizes are sponsored by and linked to manufacturers, whether they are not, or are only partially. The names and logos of the winning Prizes are the trademarks and property of the manufacturer of the Prize(s). The actual Prizes to be awarded may not be identical to those displayed in the Application and are intended to be representative only.

12.24 The Challenge Organiser may reserve the right to require the Winner(s) to participate in any reasonable public promotion that the Challenge Organiser requires. In the event that a potential Winner does not meet these requirements, they may be disqualified and lose entitlement to the relevant win.

12.25 The Company verifies the identity of the Winner through the certified provider Veriff:

1. upon the first monetary Prize that the Winner obtains;
2. upon any Prize (monetary or non-monetary) with a value exceeding EUR 350, for the purpose of fulfilling tax obligations, in particular withholding tax under Slovak law. Without successful identity verification, the Prize under this clause cannot be paid out or handed over.

12.26 The Wallet is solely a record of the monetary Prizes that the Winner has become entitled to be paid; it is not a payment account, a bank account or an electronic money service, and the Company is not a bank or a payment service provider. The balance in the Wallet represents the Winner’s entitlement to payment of a monetary Prize. Monetary Prizes are paid out by the Company from its own funds held in a separate account designated exclusively for the payment of monetary winnings, directly to the Winner to the bank account specified by them (bank name, IBAN and account holder’s name) through a licensed payment service provider (Wise). The User cannot deposit their own funds into the Wallet, use it to make payments to third parties or transfer the balance to another User; the Wallet does not serve to store the User’s funds.

12.27 Loss of entitlement and the fate of the Prize. If a User loses entitlement to a Prize under clauses 6.1, 9.8, 10.6 or this Article 12, is disqualified, does not collect the Prize or does not withdraw the monetary Prize before the expiry of the period under clause 12.28:

1. the Challenge Organiser may, at its discretion, award the non-monetary Prize to a Substitute Winner or not award it;
2. the Company does not keep the monetary Prize for its own benefit; instead, it uses it, at its discretion, in one of the following ways:
   1. awards it to a Substitute Winner,
   2. includes it in the Prize pool of another Challenge, or
   3. donates it for charitable purposes for the benefit of a public-benefit or non-profit organisation. The original User is not, in any of these cases, entitled to the monetary Prize, its substitution or any other compensation.

12.28 The Winner may withdraw a monetary Prize credited to the Wallet to their verified bank account at any time. If they do not withdraw it within 14 days of crediting, the Company will send them a reminder by email; it may repeat the reminder, in particular after a further 60 days. An unpaid monetary Prize remains available to the Winner in the Wallet until the expiry of the statutory limitation period under the law of the country of the Consumer’s habitual residence. After its expiry, the entitlement to payment of the monetary Prize lapses and the Company deals with it in accordance with clause 12.27.

13. Indemnification and Limitation of Liability

13.1 You agree to indemnify us (and each of our affected employees, contractors, directors, suppliers and agents) for any claims and expenses, including reasonable legal representation fees, that arise or relate to your misuse of or access to the Application and the Content, a breach of these Terms and/or the Privacy Policy or an infringement of any intellectual property or other proprietary rights of any third person or entity by you or any third party that uses your Profile or identity in the Application. We reserve the right to assume the sole defence and control of any matter that is otherwise subject to indemnification by you, in which case you undertake to assist and cooperate with us in asserting any available defences. This clause does not apply to Users who are Consumers, to the extent that it is excluded by the applicable legislation.

13.2 To the maximum extent permitted by the applicable legislation, the total liability of the Company (including its directors, shareholders, employees, contracting partners, suppliers and agents) for all claims arising from or in connection with these Terms is limited as follows:

1. Towards Challenge Organisers and other Users who are not Consumers: the total liability of the Company shall not exceed the total amount of the Licence Fees and other payments that the User concerned demonstrably paid to the Company during the 12 months preceding the event giving rise to the claim, but no more than twenty-five thousand euros (EUR 25,000);
2. Towards Users who are Consumers: the liability of the Company is governed by the mandatory provisions of consumer law applicable in the country of the Consumer’s habitual residence and is not limited by this provision beyond what those rules permit.

This limitation shall not apply in the cases set out in clause 13.4 of these Terms.

13.3 Exclusion of indirect and consequential damages

13.3.1 To the maximum extent permitted by the applicable legislation, the Company is not liable for indirect, consequential, incidental, special or punitive damages, including (but not limited to) loss of profit, loss of goodwill, loss of business opportunities, loss of data or loss of usability, that arise from or relate to:

1. an outage, interruption or malfunction of the Application or the Platform;
2. the conduct of third parties within the Application (in particular other Users, Challenge Organisers or Prize Providers);
3. a security incident that was not caused by the gross negligence or wilful conduct of the Company;
4. loss of or damage to User Content for reasons beyond the reasonable control of the Company.

This exclusion applies regardless of whether the Company was informed of the possibility of such damages arising, and regardless of the legal basis of the claim (contractual, extra-judicial, statutory or other).

13.4 Exceptions to the limitation of liability

The limitations of liability under clauses 13.2 and 13.3 do not apply to the liability of the Company for:

1. wilful conduct of the Company or its employees;
2. gross negligence of the Company or its employees;
3. damage to the health, life or physical integrity of a person;
4. a breach of the cardinal contractual obligations of the Company, fulfilment of which is necessary for the proper performance of the contract and on the fulfilment of which the contracting partner regularly relies (to the extent of typical and foreseeable damage);
5. a breach of the Company’s obligations arising from the mandatory rules on personal data protection (GDPR, UK GDPR, Swiss nDSG);
6. a breach of warranties that the Company expressly provided in writing;
7. other cases in which the mandatory rules of the relevant legal order do not permit the limitation or exclusion of liability.

13.5 Statutory rights of Consumers

13.5.1 Statutory rights of Consumers

The provisions of clauses 13.2 and 13.3 apply to the maximum extent permitted by the applicable legislation. These provisions do not affect the statutory rights of Consumers under the mandatory consumer protection legislation applicable in the European Union, the United Kingdom, Switzerland and the Slovak Republic, nor the statutory rights of Consumers applicable in their country of residence that cannot be contractually excluded or limited.

13.5.2 Severability clause

If any provision of this Article 13 is declared by a competent court or other public authority to be unfair, unenforceable or invalid towards a Consumer under the mandatory rules of consumer law (in particular Directive 93/13/EEC, the Consumer Rights Act 2015, the Unfair Contract Terms Act 1977 or Swiss consumer protection law), this fact does not affect the validity of the other provisions of this Article 13 or the validity of these Terms as a whole. The parties undertake to replace the unfair or invalid provision with a provision that most closely approximates the original economic intent while being in accordance with the applicable legislation.

14. Disclaimers of Liability

14.1 The Application is provided “as is” and “as available” and, to the extent permitted by law, without warranties of any kind, whether express or implied, including in particular implied warranties, conditions or other terms relating to (i) merchantability, satisfactory quality, fitness for a particular purpose, title, quiet enjoyment, non-infringement or (ii) arising from a course of dealing. In addition, although we strive to provide a good user experience, we do not represent or warrant that: (a) the Application will always be secure, error-free or timely; (b) the Application will always function without delays, interruptions or imperfections; or (c) that any Content or information that you obtain through the Application will be up to date or accurate.

14.2 All names and trademarks of third parties are the property of their respective owners.

14.3 The User is responsible for any mobile charges that they may incur for using the Application, including but not limited to data charges.

14.4 If the law of the country in which you live does not permit the exclusions of liability set out in this clause, these exclusions do not apply.

14.5 To the maximum extent permitted by law, we bear no responsibility and assume no liability for any Content that any User creates, uploads, publishes, sends, receives, views or stores in or through the Application, and you understand and agree that you may be exposed to Content that may be offensive, illegal, misleading or otherwise inappropriate, for none of which will we be responsible. This does not exclude any liability that we may have for removing such Content.

15. Data Charges

15.1 You are responsible for any data charges that you may incur for using the Application. This includes data charges and messaging charges, such as SMS, MMS or other messaging protocols or technologies. If you are not sure what these charges may be, you should ask your service provider before using the Application.

16. Communication

16.1 We and/or the Organiser of the Challenge and/or the Prize Provider will communicate with you through the Application or through the contact details that you provide to us.

16.2 You are responsible for keeping all the contact details that you have provided to us up to date. Any of our obligations and/or the obligations of the Organiser of the Challenge and/or the Prize Provider to inform you of any matter under these Terms is validly fulfilled if it is notified through the email address or other contact detail that you have provided to us.

16.3 You are solely responsible for checking the spam folder in your email. An email delivered to you under these Terms is considered delivered even if it is delivered to your spam folder.

17. Force Majeure

17.1 If we fail or are in delay in performing any obligation under these Terms due to the occurrence of events of any nature that are beyond our control, including, but not limited to: force majeure, changes in the relevant laws or regulations, any disruption of third-party services, the action or inaction of governmental, civil or military authorities, court orders, an act of terrorism, lightning or fire, a strike, lockout or other labour dispute, flood, drought, war, riots, theft, transmission or system failures, the failure or interruption of the provision of telecommunications or broadband services, the failure or shortage of power sources or equipment, adverse weather, earthquake and natural disasters, such failure or delay does not constitute a breach of these terms by us.

18. Modification of the Terms or the Application and Termination

18.1 We reserve the right to change, update and modify these Terms at any time. We will inform you of any material change a reasonable time in advance (at least 30 days before the effective date) through the Application, by email or in another appropriate manner. Material changes are considered, in particular, changes relating to: (i) prices and fees; (ii) the scope of the licences granted to the Company or the Organiser; (iii) limitation of liability; (iv) personal data protection; (v) jurisdiction and dispute resolution. In the case of changes required for security, legal or regulatory reasons, or changes that do not have a material impact on your rights and obligations (for example, grammatical adjustments, corrections of typos, updates of contact details), these changes may take effect immediately upon publication. The next time you use the Application after a material change to the Terms, the Application will prompt you to agree to the updated Terms. Without agreeing to the updated Terms, you will not be able to continue using the Application. If you do not agree with a change, you have the right to terminate this contractual relationship by deleting your Profile before the effective date of the changes. The date of the last update will always be stated in the heading of these Terms.

18.2 We are continuously improving the Application. This means that we may add or remove functions, products or functionalities, and we may also suspend or completely stop providing the Application or parts of it. We will inform Users of material changes to the Application that affect its key functions a reasonable time in advance through the Application or by email. In the event of permanently stopping the Application, we will provide Users with a reasonable period (at least 30 days) to export their data in accordance with the right to data portability under Article 20 GDPR.

18.3 The User is entitled, at any time and for any reason, to terminate this contractual relationship:

1. by deleting their Profile through the function in the Application;
2. by sending a written request for termination to the email address support@pixcham.com.

Upon receipt of the request, the Company will terminate the Profile without undue delay, but no later than within 30 days. The User has the right to request the export of their personal data before termination in accordance with the Privacy Policy (the right to data portability under Article 20 GDPR).

18.4 We reserve the right to apply all the remedies available to us under the applicable laws in connection with any breach of these Terms. We may terminate or temporarily suspend your access to the Profile if you fail to comply with these Terms, our Community Guidelines or applicable law. We will inform you of such a decision without undue delay, stating the reasons and the available means of redress, including the lodging of a complaint under clause 7.19 of these Terms and the right to turn to a certified out-of-court dispute settlement body under Article 21 of Regulation (EU) 2022/2065 (Digital Services Act). In urgent cases, where the safety of Users or third parties is immediately threatened, or where the law requires it, we may restrict access even before sending notification and inform you without delay after taking the measure.

18.4.1 We apply measures for breaches proportionately according to the severity and recurrence. For competitive conduct (in particular cheating, manipulation of results or unjustified reports), the Fairplay system under clause 11.3 applies, which the User sees in their Profile. For breaches relating to Content and the account, we apply measures generally in degrees from the mildest to the strictest: (a) a warning; (b) restriction of functions or visibility; (c) disqualification from a Challenge or 1vs1 Battle, including forfeiture of Prizes and Points; (d) temporary suspension of the Profile; (e) permanent deactivation of the Profile. For particularly serious breaches (in particular endangerment of minors, deepfakes, malware or serious manipulation of results), the Company may proceed directly to permanent deactivation. The right to lodge a complaint under clause 7.19 applies to every measure.

18.5 The Company may terminate or deactivate a User’s Profile due to long-term inactivity lasting at least 24 months from the last login. Before such termination, the User will be informed by email at least 30 days in advance and will be given the option to reactivate the Profile by logging into the Application. After termination of the Profile due to inactivity, the User’s personal data will be processed in accordance with clause 7.5 of these Terms and the Privacy Policy.

18.6 Upon termination of the contractual relationship:

1. the User loses access to the Profile and the Application;
2. the Company deletes or anonymises the User’s personal data in accordance with clause 7.5 of these Terms and the Privacy Policy;
3. unused Points and Credits collected by the User are forfeited without any right to compensation;
4. monetary Prizes collected in the User’s Wallet will be paid out to the User no later than within 30 days of termination, after deduction of any fees associated with the transfer under clause 12.4 of these Terms;
5. completed Challenges that the User entered before termination will be completed in accordance with the rules of that Challenge;
6. the Username may be made available again to other Users 6 months after termination.

18.7 Termination of this contractual relationship does not affect the provisions of these Terms which, by their nature, are intended to survive termination, in particular: (a) clause 7.5 (Termination of the licence and exceptions); (b) Article 13 (Limitation of Liability); (c) Article 19 (Governing Law and Dispute Resolution); (d) the provisions on the protection of intellectual property, confidentiality, taxes and statutory obligations.

19. Dispute Resolution and Arbitration

19.1 These Terms and all rights and obligations arising from them are governed by and interpreted in accordance with the legal order of the Slovak Republic, regardless of the conflict-of-law rules of private international law. This is without prejudice to the mandatory provisions of consumer protection legislation applicable in the country of the Consumer’s habitual residence in accordance with Article 6 of Regulation (EC) No 593/2008 (Rome I), which provide the Consumer with a higher level of protection.

19.2 Before filing a lawsuit, the Parties will attempt to resolve the dispute out of court through the following free mechanisms:

1. the Company’s internal complaint mechanism under clause 7.19 of these Terms;
2. the European Union’s online dispute resolution (ODR) platform for consumer disputes, available at https://ec.europa.eu/consumers/odr in accordance with Regulation (EU) No 524/2013;
3. the Slovak Trade Inspection as a body for the alternative resolution of consumer disputes under Act No. 391/2015 Coll., available at https://www.soi.sk;
4. the European Consumer Centre for cross-border disputes, available at https://www.european-consumer-centre.sk;
5. a certified out-of-court dispute settlement body under Article 21 of Regulation (EU) 2022/2065 (Digital Services Act).

19.3 In the event that any provision of these Terms is determined by a competent court or regulatory authority to be invalid, illegal or unenforceable to any extent, such provision should, to that extent, be severed from the remaining provisions, which continue to be valid and enforceable to the maximum extent permitted by the applicable legislation. The Parties undertake to replace, in good faith, the invalid, illegal or unenforceable provision with a new provision that most closely approximates, in its economic and legal effect, the original intent of the Parties.

19.4 A Consumer has the right to file a lawsuit before a court in the country of their habitual residence in accordance with Article 18 of Regulation (EU) No 1215/2012 (Brussels I bis), the Lugano Convention or other relevant legislation. This right cannot be limited or excluded.

19.5 Before filing a lawsuit or a request for arbitration, the affected Party is obliged to send the other Party a written notice of the dispute containing:

1. a description of the dispute and its substance;
2. the proposed resolution of the dispute;
3. a period for response of at least 30 days from delivery of the notice.

The Parties undertake to attempt in good faith to resolve the dispute out of court within this period. Only after the unsuccessful expiry of this period may a Party file a lawsuit or a request for arbitration.

In the event of non-payment of an invoice, the pre-litigation notice is preceded by sending a reminder with a period for payment of at least 14 days.

19.6 Disputes between the Company and Challenge Organisers or other Users who are not Consumers, arising from or related to these Terms, will be finally resolved by arbitration under the Rules of Arbitration of the Vienna International Arbitral Centre (VIAC) of the Austrian Federal Economic Chamber (hereinafter the Rules) by a single arbitrator appointed in accordance with the said Rules. The proceedings will be conducted in the English language. The seat of arbitration is Vienna. The arbitrator’s decision is binding and final for the Parties.

19.7 For disputes relating to payments made through the Stripe payment gateway, the processes of Stripe Payments Europe Limited (Stripe Disputes) apply primarily. The Company will provide all relevant documents and evidence within this process. Only after exhaustion of the Stripe Disputes mechanism do the processes under clauses 19.4, 19.5 and 19.6 of these Terms apply.

19.8 The Challenge Organiser undertakes to reimburse the Company for all costs, expenses and damages (including reasonable costs of legal representation and arbitration fees) that the Company incurs as a

result of:

1. a breach of these Terms by the Organiser;
2. third-party claims arising from the User Content of the Organiser or from the manner in which the Organiser used the Application;
3. an infringement of the intellectual property rights of third parties by the Organiser;
4. a breach of applicable laws and regulations by the Organiser.

20. Information for Consumers

20.1 Every User has the right, at any time and for any reason, to terminate the contractual relationship with the Company by deleting their Profile. The User may also ask the Company to delete their Profile by sending an email to the address: legal@pixcham.com. By deleting the Profile, the contractual relationship with the Challenge Organiser of the Challenge that the User engaged in is also terminated.

20.2 Through the Application, Users have the option of engaging in a Challenge that is organised either by a Challenge Organiser or by the Company. The Challenge Organiser is always a natural person-entrepreneur or a legal person that is stated as the Challenge Organiser in the Application and that enters into a separate contractual relationship with the Users. The Challenge Organiser bears sole responsibility for sending tangible Prizes to the Winners.

20.3 Challenges are displayed in the Application in chronological order according to the date of the nearest action that requires the participation of Users.

20.4 The Company is responsible for providing a functional and available Application service. The Company provides a customer support service through which Users can lodge any complaints or suggestions concerning the availability or functionality of the Application and/or aspects related to the Challenge Organiser.

20.5 A User may report complaints or suggestions concerning the functioning of the Application electronically to the email address: support@pixcham.com. Immediately after lodging a complaint or suggestion, the User will receive confirmation of its receipt by email. The Company will respond to a written complaint or suggestion in writing by email within 30 days of the date of delivery of the complaint or suggestion.

20.6 If a Consumer is not satisfied with the manner in which their complaint or suggestion was handled or believes that the Company has infringed their rights, they have the right to turn to the Company with a request for redress. If the Company responds negatively to the Consumer’s request under the preceding sentence or does not respond to such a request within 30 days of the date it was sent by the Consumer, the Consumer has the right to submit a proposal to commence alternative dispute resolution under Section 12 of Act No. 391/2015 Coll. on the alternative resolution of consumer disputes. The competent body for alternative dispute resolution is the Slovak Trade Inspection (https://www.soi.sk/sk/alternativne-riesenie-spotrebitelskych-sporov.soi).

20.7 The body for supervision and oversight of the performance of the Company’s business activity is the Slovak Trade Inspection, the SOI Inspectorate for the Prešov Region, with its registered office at Obrancov mieru 6, 080 01 Prešov 1, Supervision Performance Department, email: podnety@soi.sk.

20.8 A Consumer may also resolve their complaint through the European Consumer Centre in the Slovak Republic, with its registered office at Mlynské nivy 44/A, 827 15 Bratislava 212, Slovak Republic, website: https://www.europskyspotrebitel.sk/, which is a contact point under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).

20.9 The Application is available for devices with the Android and iOS operating systems, whereby its functionality is ensured in accordance with the latest software updates.

20.10 The Company does not guarantee that the Application will fully meet the User’s expectations or that it will always be available without interruption and without errors. The User acknowledges that, given the nature of the internet, the interfaces of the Application and the continuous operation of the Application may be disrupted, despite the maximum effort and intention of the Company.

21. Final Provisions

21.1 These Terms grant no rights to third parties. Our inaction in enforcing any provision of these Terms will not be considered a waiver of the right to enforce them in the future. We reserve the right to transfer our rights under these Terms and to provide services through another entity, provided that this entity complies with these Terms. The Company’s right to transfer its rights under the preceding sentence applies towards Users who are Consumers only with prior notification to the Consumer concerned and on condition that the new entity is bound by the same conditions of protection as those provided by these Terms. Without our prior consent, you have no right to transfer any of your rights or obligations arising from these Terms. We reserve all rights not expressly granted to you. The summary parts in these Terms are for your convenience only; we recommend that you read the entire Terms in order to fully understand your rights and obligations.

21.2 Binding language version. These Terms are drawn up in the Slovak language. The Company may make available translations of them into other languages, as well as use the original (English) names of the functions of the Application (for example, “Challenge” or “1vs1 Battle”), solely for the convenience of the User. In the event of any conflict or ambiguity between the Slovak wording of these Terms and any translation of them, the Slovak wording is decisive. This is without prejudice to the rights of the Consumer arising from the mandatory legislation in the language of their habitual residence.

22. Contact Us

22.1 We will be glad to welcome your comments, questions, concerns or suggestions. You can contact us directly here or obtain support via email legal@pixcham.com or by telephone on +421 911 919 990.

22.2 In accordance with Articles 11 and 12 of Regulation (EU) 2022/2065 (Digital Services Act), the Company establishes the following contact points:

1. Contact point for the authorities of the Member States, the European Commission and the European Board for Digital Services (DSA Article 11): legal@pixcham.com. Communication may take place in Slovak or English.
2. Contact point for the recipients of the service (Users) under DSA Article 12: support@pixcham.com. Users may communicate with the Company in Slovak, Czech, English, German or French.
3. Contact point for reporting illegal content (DSA Article 16): support@pixcham.com.
4. Contact point for the Data Protection Officer (GDPR Articles 37–39): dpo@pixcham.com.
5. Contact point for reporting copyright infringements (DMCA / CDSM): legal@pixcham.com.

The Company responds to communication through the stated contact points without undue delay, typically within 48 hours on working days.