Terms of service

1. About these terms

1.1 Who we are.

Venkatesh Gandham, an individual trading as TunePixel Studio, of 3-1-6/40/2/30A, Mallapur, Hyderabad, Telangana 500076, India (“TunePixel”, “we”, “us”). When TunePixel Studio Private Limited is registered, we may transfer our agreement with you to it (section 19); we tell you when we do.

Email: info@tunepixelstudio.com.

1.2 Who these terms are for. Our website and service are for businesses: dealerships, dealer groups, marketplaces and auction houses. “You” means the business that uses our service; section 2 also applies to anyone who uses this website. They are not for people buying for their personal use. If you accept these terms for a business, you confirm that you may bind it.

1.3 What our agreement with you is made of.

• any order, quote or agreement that we both accept in writing (an “order”);
• our data processing agreement (the “DPA”), whenever we handle personal data for you;
• for a free pilot, the pilot terms;
• these terms.

On anything about personal data, the DPA wins. Otherwise an order wins over the pilot terms, and the pilot terms win over these terms.

1.4 Accepting. You accept these terms by accepting an order or the pilot terms in writing (an email is enough), by clicking to accept where we offer that, or by using the service after we have sent them to you. Accepting electronically is as binding as on paper.

1.5 Group companies. If your order lists them, businesses that you control, that control you, or that are under common control with you (“group companies”) may use the service under your agreement. You make sure they keep to it, and you are responsible for them as for yourself.

1.6 Words we use.

• “Your content”: the photos, backgrounds, vehicle details (such as a VIN or a stock number) and instructions you send us.
• “Your images”: the studio images, and any 360° spins, that we make from your content and deliver to you.
• “Delivered”: an image is delivered when, after a person has passed it, we make it available to you, as a download link or, where your order or pilot includes them, in your portal or through our API.
• “In writing” and “written” include email.
• “Our agreement”: everything listed in section 1.3. An “order” is one part of it.

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2. Using this website

• You may read this website and share links to it.
• Please don’t try to break into it, overload it, copy it in bulk, or send its forms automatically.
• What it says is general information about our service, not advice and not an offer.
• The cars in its pictures are fictional samples, and each of those pictures says how it was made.
• Ask us before you reuse our pictures, words or logo.
• We link to other websites; we are not responsible for them.

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3. The service

3.1 What we do. We make studio images of vehicles from the photos you send us:

• in our AI studio, TunePixel AI makes a new studio image of your car from your photo, in the studio you choose or with your own background;
• in our real-photo studio, the car’s pixels come from your photo, and we place it in a studio rendered for that photo;
• interior photos keep the cabin as photographed, with clean white behind the windows.

A person checks every image before it reaches you. We deliver images as a download link and, where your order or pilot includes them, in your portal or through our API with signed webhooks. When we agree them in an order, we also provide extras such as number-plate removal in the AI studio, other image sizes, and 360° spins (a short video of your car, made with TunePixel AI from its studio images, checked by a person and marked as AI).

3.2 Timing and availability. Every image waits for a person’s check, so we agree the timing with you in your order or before your pilot starts. We work to keep the service available, but unless an order says otherwise we don’t promise that it will always be available or that images arrive by a set time.

3.3 Changes to the service. We improve the service over time. If we remove something that your order relies on, we tell you at least 30 days before (or, if a provider gives us less notice, as soon as we can), and you may end that order and get back any fees you paid in advance for the part you can no longer use.

3.4 Our providers. Other companies run parts of the service for us, such as computing, the AI image and video generation that TunePixel AI runs on, email and file transfer. Our DPA lists them. We are responsible for their work as if it were ours.

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4. Your account and API keys

• We create an account for your business, or one for each of your dealerships or group companies, in the name and work email of the person you choose. Tell us when that person changes or leaves.
• Keep passwords and API keys secret. You are responsible for what is done with your accounts and keys, unless it results from our breach of our agreement.
• Tell us at once if you think your account or a key has been misused. We may deactivate an account or a key to protect you or the service, and we tell you when we do.
• Use our API as our documentation describes, send webhooks only to addresses you control, and keep within the limits we set. We may slow or pause requests that put the service at risk.

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5. Your photos, and how we use them

5.1 It stays yours. Your content stays yours: you, or the people who license it to you, own the photos and backgrounds you send us.

5.2 What you allow us to do. You allow us, and the providers that work for us, to store, copy, process, change and transmit your content and your images only to provide, check, deliver, redo, support and secure the service for you, and to meet our legal duties, for as long as that takes (see our DPA for how long), in the countries where we and those providers work (our DPA lists them). You give this permission free of charge, and it ends when we have deleted your content and your images as our DPA says.

5.3 Training. We don’t use your photos to train AI models without your written permission. That covers your photos, the images we make from them, and anything else you send us. If you give us that permission, it will say what we may use, for what and for how long, and we will first remove or blur number plates and people.

5.4 Our marketing. We don’t show your photos, your images, your vehicles or your name in our marketing without your written permission.

5.5 Improving the service. We keep records of how the service performs for you, such as which checks an image failed and why, how long work took, and error codes. They contain no personal data. We use them to run and improve the service, and outside your account only in a form that identifies neither you nor anyone else. We don’t use your content or your images to develop or test our studios or features without your written permission.

5.6 Your responsibilities for your content.

• You have the right to send us your content and to let us use it as these terms describe.
• If your photos contain personal data, for example people or number plates, you have a lawful basis for sending them to us and you have told people what the law requires. Leave people out of your photos where you can.
• Don’t send photos whose main subject is a person, photos of children, or photos of documents, and don’t send anything unlawful.

5.7 Deleting. You can ask us at any time to delete a vehicle and everything made from it; once our API is open to you, you can also do it there. We then delete it from our systems, for real; our backups and our providers’ copies are deleted on the schedule in our DPA. Our DPA sets how long we keep everything otherwise. Keep your own copies of your photos and images: we are not your archive.

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6. AI images: what they are, and how they are labelled

6.1 What changes, and what we promise. In the AI studio, TunePixel AI makes a new studio image of your car from your photo. The studio, its light and the reflections in the paint change by design, and rain drops are removed. Our promise for every AI studio image we deliver (“New studio. Same car.”) is that it shows your car’s shape, details and condition as you photographed them: a person checks it against your photo before it reaches you, and if a delivered image doesn’t match your car, section 7 says what we do. In the real-photo studio, the car’s pixels come from your photo; we replace the background, add the floor’s shadow and reflection, frame the image and add a fine photographic grain, and the paint keeps the reflections of where you took the photo. If a person retouches the car by hand, the image’s file says so.

6.2 How we mark them. Every image we deliver says in its file how it was made. AI studio images and 360° spins name TunePixel AI, and every spin carries a visible “AI” mark. We may add further marks that the law or good practice asks for.

6.3 Your duties when you publish our images.

1. Keep our marks. Don’t deliberately remove or change the information in our files, or our marks, and don’t ask anyone else to. If a website, a marketplace or a tool you use removes file information when it processes an image (for example to resize or compress it), that is not a breach by you. You may crop, resize or compress our images and add your own branding, as long as the result doesn’t mislead anyone about the vehicle and, where the law asks you to, you still say how the image was made (point 2).
2. Say what the law asks you to say. Where the law of the place you publish requires you to disclose that an image was made or changed with AI (for example, the EU AI Act for realistic AI images of real objects), disclose it clearly, where people see the image. You can use our captions, which say how the image was made: for AI studio images, “Studio image made with TunePixel AI from a photo of this vehicle.”; for real-photo studio images, “Actual photo of this vehicle. Background by TunePixel AI.”; for 360° spins, “360° view made with TunePixel AI from photos of this vehicle.”
3. Don’t call an AI studio image an unedited or original photograph.
4. Check before you publish. Look at each image before you use it, where you reasonably can; if you publish images automatically, for example through our API, look at them as soon as you reasonably can after they go live. Don’t publish, and take down promptly, an image that you know shows a vehicle differently from how it is, for example its condition, damage, features, colour or equipment. Report it to us instead, and we redo it free (section 7).
5. Follow each platform’s rules. Some marketplaces accept only photos of the vehicle itself. Use our real-photo studio, or your original photos, wherever that applies.
6. Spins are made for your website and social media. Don’t cover or crop out their “AI” mark.
7. Your advertising is yours. We compare each image with your photo, not with the vehicle. You are responsible for your photos showing each vehicle as it is, and for your listings and adverts and the law that applies to them. We are responsible for our images matching your photos (section 7).

6.4 What we do for you. We keep our captions and labelling guidance up to date with the laws they name, and we tell you when we change them. They help you; they are not legal advice about the places where you publish.

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7. The person check and the free redo

7.1 The check. Before any image reaches you, a person checks it against your photo: the shape, the details, the wheels, the damage. Anything that changed is fixed, or the image is made again, before it is delivered. What our website says about the person check and the free redo is set out in full in this section 7.

7.2 The free redo. If a delivered image doesn’t match your car, we redo it free. An image “doesn’t match” if it shows the vehicle differently from your photo in a way a reasonable buyer would notice: its shape, panels, wheels, lights, badges, glass, colour (allowing for the studio’s light), trim, damage or wear, or the characters on its number plate or stickers, or if it adds or removes a part. The free redo does not cover the changes the studio makes by design (section 6.1), changes you asked for (for example number-plate removal or a deeper clean), problems that come from the photo itself (for example a car cut off by the frame), or a change of studio, which we can quote for.

7.3 How to ask. Report the image by email, or in your portal where you have one, no later than 90 days after delivery, while we still hold your photo. After that, send us the photo again and we will still redo it free. We check the new image again, and you keep the old file until the new one passes.

7.4 If we cannot get it right. If we cannot deliver an image that matches after two further attempts, we withdraw it: you stop using it, and you don’t pay for it (or we credit or refund it).

7.5 Your remedies. For the image itself, the redo, and if it fails the withdrawal in section 7.4, are your remedy. If a delivered image that doesn’t match your car is published before it is redone, we are also responsible for the direct losses that causes you, such as what you reasonably pay a buyer because of it. That responsibility is within the limits in section 14, and is reduced to the extent you contributed to the loss (for example, by publishing the image without looking at it when you reasonably could have, or by leaving it up after you knew it didn’t match). As far as the law allows, we are not otherwise responsible for an image that doesn’t match your car. Nothing in these terms takes away a right the law gives you that cannot be excluded.

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8. Fees and payment

• The free pilot costs nothing, and we never ask for a card for it.
• For the paid service, your order sets the fees, the currency and how often we invoice. Unless it says otherwise, we invoice monthly in arrears and each invoice is due 30 days after its date.
• Fees do not include taxes. You pay any VAT, GST, sales or similar tax that applies; where your country uses a reverse charge, you account for it. If the law requires you to withhold tax from a payment to us, you may, and you send us the receipt or certificate we need to claim it.
• If an invoice is unpaid 14 days after we remind you in writing, we may pause the service until it is paid, but not over an amount you dispute in good faith and have told us about.
• Fees stay as agreed for the term of your order. An order renews only if it says so; if it does, we give at least 30 days’ notice of each renewal and of any new price. If your order has no fixed term, we may change its prices with at least 30 days’ notice, and you may end the order before the new prices apply.

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9. Intellectual property

9.1 Ours. We and our licensors own our website, app, software, studios and backgrounds (not the backgrounds you send us), looks, instructions and brand. You get only the rights these terms give you.

9.2 Your images. You may use each of your images from the moment we deliver it, anywhere in the world, in any medium and for as long as you like. When you have paid for an image (or, in a free pilot, when we deliver it), we also transfer to you whatever rights we have in it, except our rights in our studios and backgrounds themselves. The transfer covers the whole world and the full life of those rights, in every medium and form of use, including ones that do not exist yet. The fees you pay for the image (nothing, for a pilot image) are the whole price, and the transfer does not lapse if you do not use the image. If the law does not let us transfer a right, we give you instead an exclusive, worldwide, permanent licence to use the image in any way an owner could, at no extra charge. Our studios and backgrounds appear in your images: you may use them as part of those images, anywhere and for as long as you like, but not on their own. We keep using your images only as section 5.2 allows. If we end our agreement because you did not pay, your right to use the images you have not paid for ends. An image we withdraw under section 7.4 is not one of your images.

9.3 What we cannot promise about rights. The law in many countries may give nobody copyright in an image that an AI system made. Other customers may receive images in the same studios. Vehicles, their designs and their badges belong to their makers; you are responsible for showing them lawfully in your adverts.

9.4 Feedback. If you send us ideas or feedback, we may use them freely, without naming you.

9.5 Names. You may say that you use TunePixel. We say that you are a customer only with your written permission.

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10. Confidentiality

• Each of us keeps the other’s confidential information secret, uses it only for our agreement, and shares it only with its group companies, people and providers who need it for that and are bound to keep it secret. Your content, and your images until you publish them, are your confidential information.
• This does not cover information that is public, that the receiver already had or developed independently, or that the law requires it to disclose (with notice to the other, where the law allows).
• The names of our providers that we give you are our confidential information. You may share them with your regulators, auditors and advisers, and with a person who asks you about their data where the law requires it.
• This lasts for our agreement and 3 years after it, and for trade secrets and personal data for as long as they remain so.

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11. Personal data

When we handle personal data for you, we do so as your processor under our DPA. It includes the European Commission’s standard contractual clauses and the UK’s addendum where they are needed, terms for businesses covered by California’s privacy law, and commitments for Australian customers. You are responsible for having a lawful basis for the personal data in your content, and for telling people what the law requires. Our privacy notice explains how we handle the personal data we decide about, such as your account and our emails with you.

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12. Acceptable use

You must not, and must not let anyone:

1. send us content that is unlawful, that you have no right to send, or that contains malware;
2. use the service, or our images, to mislead anyone about a vehicle: to hide damage, to show a different vehicle, or to change its condition, identity or equipment;
3. make images of people, or images that show anyone in a false light;
4. deliberately remove or change our files’ information or our marks, except as section 6.3 allows;
5. probe, scan or test our security, or get round our limits, without our written permission (please send security findings to info@tunepixelstudio.com);
6. copy, take apart or extract our software, studios or instructions, except where the law allows it;
7. resell or rebrand the service without a written agreement with us;
8. use the service to build a competing service, or use our images to train an AI model to make studio images of vehicles;
9. use the service in breach of sanctions or export laws.

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13. What we promise, and what we don’t

• We provide the service with reasonable care and skill, as these terms and your order describe, and a person checks every image before it reaches you.
• We don’t promise that the service will be uninterrupted or free of errors, that every platform will accept every image, or any sales result. AI can make mistakes: that is why a person checks every image, and why section 7 exists.
• Except for what these terms say, and as far as the law allows, we make no other promises about the service.

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14. Liability

14.1 Never limited. Nothing in our agreement limits liability for death or personal injury caused by negligence, for fraud, for wilful misconduct or gross negligence, for your duty to pay fees, under the standard contractual clauses, the UK addendum or the UK’s international data transfer agreement that our DPA includes, or for anything else the law does not allow to be limited.

14.2 Losses neither of us covers. Neither of us is liable to the other for loss of profits, revenue, business, goodwill or expected savings, or for indirect or consequential loss.

14.3 The cap. Otherwise, each party’s total liability for all events in a contract year is limited to the greater of USD 1,000 and the fees you paid or must pay us for the service in the 12 months before the first of those events. A contract year is each period of 12 months from the day our agreement starts. For a free pilot, each party’s total liability is limited to USD 100.

14.4 Your copies. Keep copies of your photos and images. Our duties to protect your content are in our DPA.

14.5 Claims by others.

• You will cover our reasonable costs and losses from a claim by someone else that is caused by your content (for example, because you had no right to send it, or it contained personal data you were not allowed to give us), or by how you publish our images in breach of section 6.3 or 12, except to the extent the claim is caused by our own breach of our agreement (for example, an image that doesn’t match your car).
• We will cover your reasonable costs and losses from a claim by someone else that our software, our studios or backgrounds, or anything else we add to an image, infringes their intellectual property. That does not cover your content, a vehicle’s own design, badges or number plate, changes you make to an image, or use of an image in breach of our agreement. If such a claim is made, or we think it may be, we may change the studio or software concerned, or make the images again; if neither is reasonably possible, we may end the part of the service concerned and refund any fees you paid in advance for it.
• Whoever asks to be covered must tell the other promptly, let the other handle the claim, and help with it, at the other’s cost. The one handling the claim may not settle it in a way that admits fault for, or binds, the one covered without that one’s agreement.
• Both promises in this section 14.5 count towards the limits in section 14.3, except where section 14.1 says nothing is limited.

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15. Pausing and ending

15.1 Pausing. We may pause an account, a key or the service, only as far as needed, if there is a security risk, unlawful use, a serious breach of section 12, or an unpaid invoice under section 8. We tell you why, and we restore it as soon as the reason has gone.

15.2 Ending.

• Either of us may end a pilot at any time by email.
• If an order states a fixed term, it runs for that term, and neither of us may end it early for convenience unless the order says so.
• Otherwise, either of us may end an order, or our whole agreement, with 60 days’ written notice.
• Either of us may end our agreement, or an order, at once by written notice if the other seriously breaks it and has not put that right 30 days after being asked to, or, as far as the law allows, if the other becomes insolvent or bankrupt or stops doing business.
• If we end an order for convenience, or you end it because we seriously broke it, we refund any fees you paid in advance for the period after it ends.

15.3 When it ends.

• You choose: we delete your content and your images at once, or we give you 30 days to download your images (as a download link, or in your portal where you have one) and, if you ask, your photos and a data file of your vehicles’ details, and then delete them no later than 30 days after that. If you don’t choose, you get the 30 days. This covers what we still hold under the retention periods in our DPA.
• Your access ends, except that, where you have a portal, you can still sign in to download during those 30 days.
• We keep only what the law requires us to keep and the records our DPA describes.
• Fees for work already done remain payable.
• Section 7 still applies, for 90 days after the end, to images we delivered before it.
• Sections 5.2 (while we still hold your content), 5.3, 5.4, 5.7, 6.3, 9, 10, 12, 14, 18 and 19 continue to apply.

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16. Moving to another provider (customers in the European Union)

16.1 Your right. If you are in the European Union, you may ask at any time to move your data to another provider or to your own systems, or to have it deleted. You need to give us no more than two months’ notice.

16.2 The move. After that notice, a transition period of 30 days begins. During it, our agreement keeps running, we give you and the provider you choose reasonable help and the information you need, we take care to keep your service running, we tell you about any known risk to it, and we keep your data secure. If 30 days is not technically possible, we tell you so no later than 14 working days after your request, explain why, and propose a longer period of no more than seven months. You may extend the transition period once, for a period that suits you.

16.3 What you can take. The photos and images we still hold, in their original formats, and, if you ask, the editing layers we still hold; each vehicle’s details and the records of its images (their status, checks and re-edit requests) as a data file in JSON; and your account’s settings, such as your studios, your templates for the order of your photos, and your webhook addresses. Our software, studios, instructions, internal logs and security records are not part of the move.

16.4 Afterwards. After the transition period, you have at least 30 more days to retrieve your data. Then we delete all of it, keeping only what the law requires us to keep, and our agreement ends, which we confirm to you: when the move is complete, or, if you asked only for deletion, when your notice runs out.

16.5 The cost. We charge nothing for this.

16.6 Pilots. This section does not apply to a free pilot, which is for testing and evaluation.

16.7 Where your data is processed. Our DPA says in which countries we and our providers process your data (Annex 3A) and what we do if a public authority asks us for it (clause 9.4). We apply clause 9.4 to all your content and your images, not only to personal data.

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17. Changes to these terms

We may update these terms. Changes that affect only the website (section 2) take effect when we publish them. We tell customers about any other change by email at least 30 days before it applies to them, and:

• A change that makes your position materially worse applies to an order that is already running only if you agree to it in writing, or from when that order renews. Until then, the version you accepted keeps applying to it.
• If the law, or a change by one of our providers that we cannot avoid, forces such a change sooner, you may end the order concerned before the change applies, and get back any fees you paid in advance for the period after.
• A pilot keeps the version it started with.
• Fees in an order do not change during its term (section 8).

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18. Law and disputes

18.1 The law. The laws of India govern these terms, our agreement with you and any dispute about them, including a dispute that is not about a contract, unless your order says otherwise.

18.2 Talk first. If a dispute arises, we will first try to settle it by talking, for 30 days from when either of us writes to the other about it.

18.3 Arbitration. Any dispute arising out of or in connection with our agreement, including about its existence, validity or ending, that is not settled that way will be finally decided by arbitration administered by the International Arbitration and Mediation Centre, Hyderabad, under its rules. The seat is Hyderabad, India. There is one arbitrator, the language is English, and hearings may be held online. For a dispute about USD 25,000 or less, the fast track procedure in section 29B of India’s Arbitration and Conciliation Act 1996 applies: the arbitrator decides on the documents, without a hearing unless both of us ask for one or the arbitrator needs one.

18.4 Small claims. For a dispute about USD 25,000 or less, either of us may instead take the claim to the courts of the country where you have your main place of business, including any small-claims procedure there. Section 18.1 still applies.

18.5 Urgent help from a court. Either of us may ask a court for urgent interim relief. The courts at Hyderabad oversee the arbitration.

18.6 What these choices cannot change. The parts of our DPA that the law requires to follow the law of an EU country or of the UK (the standard contractual clauses and the UK addendum) follow that law. Rights you have under laws that cannot be excluded, such as the Australian Consumer Law, still apply.

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19. General

• These terms, any order, the DPA and, for a pilot, the pilot terms are our whole agreement on their subject.
• You may not transfer our agreement without our written consent. You agree now that we may transfer our agreement, with all our rights and obligations (including any that arose before the transfer), to TunePixel Studio Private Limited once it is registered; we tell you when we do, and from then on the company alone is responsible to you; but Venkatesh Gandham stays responsible, to you and to the people the standard contractual clauses protect, for anything that happened before the transfer under our DPA, the standard contractual clauses, the UK addendum or the UK’s international data transfer agreement. We may also transfer it to a buyer of our business that takes on all our obligations, including our DPA; we tell you first, and you may then, no later than 60 days after we tell you, end our agreement with 30 days’ written notice and get back any fees you paid in advance for the period after.
• Neither of us is liable for a delay or failure caused by events beyond its reasonable control, such as an outage at a provider, if it takes reasonable steps to limit it; this does not excuse paying fees. If such an event stops the service for more than 30 days, either of us may end the order concerned by written notice, and we refund any fees you paid in advance for the period after.
• We send notices by email to the address in your order or account; you send them to info@tunepixelstudio.com. Notices about a dispute also go to our postal address in section 1.1.
• Nothing in our agreement makes us partners or agents of each other.
• Only you and we have rights under our agreement, except the rights our DPA gives your group companies and the rights the standard contractual clauses give to people whose data they protect.
• If a court or arbitrator finds part of our agreement unenforceable, the rest still applies.
• Not enforcing a right straight away does not waive it.
• These terms are written in English; if we translate them, the English version applies.

Questions about these terms: info@tunepixelstudio.com.

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