Terms Of Service

Our Agreement

Pixel Rainbow Inc., located at 901 North Pitt Street Suite 325, Alexandria, VA 22314, provides the EarlyApps Service — a platform enabling Developers to connect with early users and beta testers for their Applications, and allowing Users with an active subscription to sign up for early access. These Terms of Service (the "Terms") constitute a binding agreement between you and Pixel Rainbow Inc. By using the Service, you agree to be bound by the current version of these Terms. (Additional terms may apply for certain services or accounts; if so, you agree to those as well.)

The EarlyApps Service

Pixel Rainbow Inc. offers free access to the Service for Developers and subscription-based access for Users. The Service may be modified, suspended, or discontinued at any time, with or without notice. Access is provided on an “as is” and “as available” basis, and Pixel Rainbow Inc. disclaims any liability for service interruptions or performance issues.

General Conditions on Use of the Service

By using the Service, you agree to:

  1. Abide by these Terms, as well as Pixel Rainbow Inc.’s Intellectual Property and Rights Policy and Privacy Policy.
  2. Keep your account credentials confidential and not transfer or sell your account.
  3. Use the Service only for lawful purposes and in a way that does not damage or impair the Service.
  4. Refrain from bypassing security measures or using automated tools to harvest content.
  5. Avoid uploading or sharing material containing viruses or harmful software.

Pixel Rainbow Inc. reserves the right to suspend or terminate accounts that violate these conditions.

Specific Conditions for Developers

As a Developer, you are solely responsible for the Applications you upload. You warrant that you hold all necessary rights, licenses, and permissions to upload and distribute your Applications, and that your Applications do not infringe any third-party rights. Applications must not be publicly distributed via any app store (e.g., the Apple App Store) concurrently with or prior to their availability on the Service. If an Application is released publicly, you must notify Pixel Rainbow Inc. immediately and remove it from the Service. The Service must not be used to upload or distribute child pornography or any other prohibited content; violations will result in immediate termination and possible legal action.

Specific Conditions for Users

Users must be at least 16 years old to register. User accounts are personal and non-transferable. The Service provides access to Applications solely for testing and evaluation purposes. By installing these Applications, you agree to:

  1. Provide feedback on your experience.
  2. Keep the Applications and any related information confidential.
  3. Not reproduce, modify, or distribute the Applications.
  4. Use the Applications solely for personal, non-commercial testing on iOS devices.

Rights to Content, Software and Other Materials

Except for Developer-uploaded Applications, all content — including software, graphics, trademarks, and other materials (collectively, "Pixel Rainbow Materials") — is owned by or licensed to Pixel Rainbow Inc. You are granted only the limited right to access and use such materials as necessary for linking to your Applications. Pixel Rainbow Inc. may retain copies of Developer-uploaded Applications solely to facilitate the Service. All rights not expressly granted herein remain with Pixel Rainbow Inc. or the respective rights holders.

Objectionable or Inappropriate Content

Pixel Rainbow Inc. reserves the right to screen, remove, or disable access to any Application or content it deems objectionable, infringing, or in violation of these Terms. If you believe content violates these Terms, please report it. Pixel Rainbow Inc. is not liable for content provided by Developers or Users.

Payments, Subscription, Refund and Cancellation Policy

Refund Policy

We are committed to resolving service issues. If a major access problem persists for five working days, you may request either a prorated refund or a pause in your subscription, effective from the next billing cycle. For annual subscriptions, refunds apply proportionally after 90 days of access; for monthly subscriptions, after 15 days.

Recurring Subscriptions and Fee Changes

Unless canceled, your subscription automatically renews. Pixel Rainbow Inc. may adjust fees (up to a 20% increase within any 180-day period) at renewal. To cancel or request a refund, contact us at [email protected].

Advertising

Advertising provided by Pixel Rainbow Inc. or its partners may appear on the Service or in communications. All revenue from such advertising is retained by Pixel Rainbow Inc. We are not responsible for the content or features of third-party advertisements.

Limitation of Warranties and Liability

YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED “AS IS” WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. PIXEL RAINBOW INC. SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR FOR ANY DAMAGES ARISING FROM YOUR USE OR INABILITY TO USE THE SERVICE. The maximum liability of Pixel Rainbow Inc. shall not exceed the amount you have paid for the Service.

Indemnification

You agree to indemnify and hold harmless Pixel Rainbow Inc. and its affiliates from any claims, damages, or expenses arising out of your use of the Service.

Force Majeure

Neither party shall be liable for any delay or failure to perform its obligations under these Terms due to causes beyond its reasonable control, including but not limited to natural disasters, government actions, or disruptions in telecommunications or internet service.

General Terms and Conditions

  1. No Waiver: Pixel Rainbow Inc.’s failure to enforce any provision of these Terms does not constitute a waiver of that provision.
  2. Relationship: The parties are independent contractors; nothing in these Terms creates a partnership or joint venture.
  3. Assignment: Pixel Rainbow Inc. may assign its rights and obligations under these Terms to a third party. You may not assign or transfer your rights without our prior written consent.
  4. Severability: If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect.
  5. Non-Competition: The Service is provided solely to enable Users to install applications on iOS devices for testing and evaluation. You agree not to use information obtained from the Service to develop or offer competing application installation services on iOS devices.
  6. Entire Agreement: These Terms, together with the Intellectual Property and Rights Policy and Privacy Policy, constitute the entire agreement between you and Pixel Rainbow Inc.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without regard to its conflict of law provisions.