Effective Date: 19th February 2025
1. Introduction
These Terms and Conditions ("Terms") govern your use of the subscription-based creative design services provided by Pixelysis Agency. By subscribing to our services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.
Please also review our Privacy Policy, which explains how we handle and protect your personal information. Your subscription to and use of our services constitute acceptance of both these Terms and our Privacy Policy.
2. Scope of Services
Pixelysis Agency provides subscription-based creative design services as detailed on our website. Each subscription plan specifies features, limitations, and terms applicable to the services provided. Any changes to the scope of services must be mutually agreed upon in writing. Note that changes may result in adjustments to pricing or other subscription terms.
3. Acceptance and Payment of Services
Subscription to our services requires payment of the subscription fee outlined on our website. Acceptance of these Terms occurs upon subscribing. Your subscription will not automatically renew; you must manually renew it at the end of each billing period to continue receiving services. We encourage you to set reminders, as we are not obligated to notify you of expiration.
4. Payment Terms
Subscription Fees: All fees are stated in USD on our website and are due in full at the start of each billing cycle.
Billing Cycle: Your billing cycle (e.g., monthly, quarterly, annually) will be specified at the time of purchase.
Non-Automatic Renewal: Your subscription does not renew automatically. You must actively renew it to maintain service access.
Payment Methods: You authorize us to charge your selected payment method (e.g., credit card) for all subscription fees at the time of subscription or renewal. If payment fails, we will attempt to contact you and may suspend your access to services until payment is received.
5. User Content Guidelines
You may have the opportunity to post, upload, or otherwise submit content ("User Content") to our platforms or in connection with our services. By doing so, you must adhere to the following guidelines to ensure a safe and respectful environment for all users:
Appropriateness: All User Content must be appropriate for all audiences. This includes avoiding content that is offensive, vulgar, or inappropriate, such as hate speech, profanity, or sexually explicit material.
Respect and Integrity: Do not post content that defames, bullies, harasses, or discriminates against any individual or group. User Content should not incite violence, harm, or unlawful activities.
Intellectual Property: You must have all necessary rights to the content you submit. Do not upload any material that infringes upon or violates the intellectual property rights of others, including copyright, trademark, or privacy rights.
Accuracy: Ensure that any information you share is accurate and does not mislead others. False or misleading content is not allowed.
Privacy: Do not post personal or private information about yourself or others without consent. This includes, but is not limited to, personal contact details, social security numbers, or any other sensitive information.
Legal Compliance: Your content must comply with all local, national, and international laws and regulations. This includes respect for others' rights and adhering to legal standards regarding content sharing.
Prohibited Content: The following types of content are explicitly prohibited:
Content that promotes discrimination, hatred, or harm towards any individual or group based on race, gender, religion, nationality, disability, sexual orientation, or age.
Content that exploits or harms minors in any way.
Material that is considered spam, including unsolicited advertising or promotional content.
Links to or encouragement of illegal activities or sites that host such content.
By submitting User Content, you grant Pixelysis Agency a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. However, this license does not imply endorsement of your content by Pixelysis Agency, nor does it absolve you of the responsibility to ensure your content meets these guidelines.
Pixelysis Agency reserves the right to remove any User Content that violates these guidelines, suspend or terminate your access to our services, and take legal action if necessary. We also encourage users to report any content that they believe does not comply with these guidelines.
6. Client Materials and Confidentiality
As part of our services, you may provide materials such as design briefs, images, text, or other content ("Client Materials") to enable us to deliver your subscribed services. By submitting Client Materials, you agree to the following:
Ownership and Rights: You must have all necessary rights to the Client Materials you provide. Do not submit materials that infringe on or violate the intellectual property rights, privacy, or other rights of third parties.
Accuracy and Compliance: Ensure that Client Materials are accurate, lawful, and do not contain misleading or deceptive information.
Use by Pixelysis Agency: You grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and adapt Client Materials solely for the purpose of providing the subscribed services during the subscription period. This license terminates upon cancellation or termination of your subscription, except for works already delivered.
Confidentiality: We will treat your Client Materials as confidential and use them only to fulfill our service obligations, unless otherwise agreed in writing or if such materials become publicly known through no fault of ours.
We reserve the right to refuse or request revisions to Client Materials that violate these guidelines or applicable laws, and we may suspend services if such issues persist.
7. Prohibited Activities
When using our services, you agree not to:
Use our services for any illegal purpose or in violation of any local, state, national, or international law.
Infringe upon or violate our intellectual property rights or those of others.
Submit false, misleading, or deceptive User Content.
Engage in any activities that would disrupt or interfere with our services, including hacking, spamming, or distributing viruses.
Attempt to gain unauthorized access to our systems or data.
Use our services to impersonate any person or entity or to misrepresent your affiliation with any person or entity.
Collect or harvest any information from our services without permission.
8. Intellectual Property Rights
All works produced by Pixelysis Agency during the provision of services remain our property until full payment of the subscription fee is received. Upon receipt of full payment, copyright or other intellectual property rights for the delivered works will be governed by the terms of your subscription plan. However, Pixelysis Agency retains the right to use all works in our portfolio and for promotional purposes unless otherwise agreed in writing.
9. Client Responsibilities
You are responsible for providing all necessary information, feedback, and materials in a timely manner to utilize our services effectively. Delays in providing such may result in service interruptions, which could affect service delivery. You must also ensure that all materials you provide to us do not infringe on third-party rights and comply with all applicable laws.
10. Revisions and Changes
Revisions to delivered works are subject to the specifics of your subscription plan. Major revisions or changes beyond the agreed scope may require additional fees or a modification to your subscription plan, which will be agreed upon in writing.
11. Cancellation and Termination
Cancellation: You may cancel your subscription at any time, and cancellation will take effect immediately upon your request. Refunds may be available subject to eligibility criteria, such as non-use of services during that period. For full details on refund eligibility and procedures, please refer to our Refund Policy on our website. No refunds will be provided unless you meet these eligibility requirements.
Termination by Pixelysis Agency: We may terminate or suspend your subscription at our sole discretion without notice if you breach these terms, engage in fraudulent activity, or if providing the service to you is no longer commercially viable.
12. Liability Limitations
Pixelysis Agency's liability for any claim related to our services shall not exceed the total amount paid by you for the services during the current billing period. We are not liable for any indirect, special, or consequential damages, including loss of profits, business interruption, or loss of data, even if advised of the possibility of such damages.
13. Warranty and Disclaimer
We warrant that our services will be performed with reasonable skill and care. However, we do not guarantee that our services will meet your specific expectations or requirements unless detailed and agreed upon in writing. Our services are provided "as is" without additional warranties, express or implied.
14. Work Assurance
All delivered Work includes our Work Assurance, a 1-year commitment starting on your Delivery Date. This assurance covers specific issues attributable to our design process, including copyright infringement, trademark violations, scalability issues, readability issues, resolution problems, lack of versatility across agreed mediums, digital compatibility failures, and accessibility standard breaches as specified in your subscription scope. If an issue is covered, we will provide a free-of-charge (FOC) 1-month subscription to your previously subscribed dedicated services plan, tailored to rework and resolve the issue, beginning on claim approval with unlimited revisions within that month. Claims must be submitted within 14 days of discovering an issue, with valid evidence, via our Work Assurance claims page at Work Assurance page; we will review claims within 14 working days. This assurance ends after one approved claim is resolved, and we will not provide financial compensation, legal fees, or indemnity for any related claims. Full details are available in our Work Assurance terms at Work Assurance Information page.
15. Confidentiality
Both parties agree to keep confidential all proprietary information disclosed during the engagement unless such information becomes publicly known through no fault of the receiving party. This obligation continues even after the termination of our relationship.
16. Amendments
These Terms and Conditions may be updated from time to time. It is your responsibility to periodically review these Terms for changes. Continued use of our services after any changes are made to these Terms constitutes your acceptance of such changes.
17. Force Majeure
Neither party shall be liable for any failure or delay in performance under this agreement due to circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, strikes, or governmental actions.
18. Entire Agreement
These Terms and Conditions, along with any subscription agreement details and the Work Assurance terms referenced in Section 14, constitute the entire agreement between Pixelysis Agency and you with respect to the services provided. They supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written.
19. Contact Information
For any questions regarding these Terms and Conditions, please contact us at hello.pixelysis@outlook.com.
By subscribing to Pixelysis Agency services, you agree to these Terms and Conditions.