Terms and Conditions for TOPix Photo Sharing App

Effective Date: 01-08-2024

1. Acceptance of Terms

By using the TOPix photo sharing app ("App"), you agree to comply with and be bound by the following Terms and Conditions ("Terms"). If you do not agree to these Terms, please do not use the App.

2. Ownership of Images

All images uploaded to the App remain the property of the user who submitted them ("User"). TOPix does not claim ownership of any images uploaded by Users.

3. Rights to Share Images

By uploading an image to the App, you grant TOPix a non-exclusive, royalty-free, worldwide license to share your image on our social media channels and promotional materials. This license is for the purpose of promoting the App and showcasing user content.

4. Third-Party Use of Images

If TOPix is approached by a third party interested in using your image, we will contact you with the details of the proposed deal. If you agree to the terms of the deal, TOPix will facilitate the transaction and take a 35% commission fee from the total payment received from the third party. You will receive the remaining 65%.

5. User Conduct

You agree not to upload any images that:

• Violate any applicable law or regulation.
• Infringe the intellectual property rights of any third party.
• Contain any content that is defamatory, obscene, or otherwise offensive.

6. Liability Waiver

TOPix, its owners, and investors are not liable for any use of your images by non-TOPix related parties without your permission, even if the images were published on TOPix.

7. User Declaration

By uploading an image to the App, you declare that:

• Each image is your own original work.
• No AI engines were used to create the image.

By agreeing to these Terms and Conditions, you agree to the following: Any user found to be submitting images that are not their own and/or were created using AI will be removed from the app without any opportunity for recourse or review.

8. Termination

TOPix reserves the right to terminate your access to the App if you violate these Terms or engage in any conduct that we deem harmful to the App or its users.

9. Limitation of Liability

TOPix will not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of the App or any images uploaded by you.

10. Changes to Terms

TOPix reserves the right to modify these Terms at any time. We will notify you of any changes by posting the new Terms on the App. Your continued use of the App after such changes constitutes your acceptance of the new Terms.

11. Governing Law

These Terms are governed by and construed in accordance with the laws of South Africa, without regard to its conflict of law principles.

12. Contact Us

If you have any questions about these Terms, please contact us at info@topix.app

By using the TOPix photo sharing app, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.