Terms of Service
This Software License Agreement (this “Agreement”) is between you (either an individual or an entity, referred to hereinafter as “you” or “your”) and Pixelly, and its affiliates (“we”, “our” or “us”). This Agreement applied to any services that are provided by Pixelly. Do not use the Software until you have carefully read the following Agreement.
By ordering, downloading, installing, accessing, using, or entering into any interaction with the Software (or authorizing any other person to do so) you are indicating that you are capable of entering into a binding legal agreement, have read and understood this Agreement and you accept its terms and conditions. If you do not agree with the terms and conditions of this Agreement, do not order, install, access, download, use or interact with the Software.
You may not give copies to another person, or duplicate the Software by any other means, including electronic transmission. You may make one copy of the Software in machine-readable form for backup purposes only; provided that the backup copy must include all copyright or other proprietary notices contained on the original. You may not rent, sublicense, assign, lease, loan, resell for profit, distribute, publish or network the Software or related materials or create derivative works based upon the Software or any part thereof.
You may not use the Software to engage in or allow others to engage in any illegal activity where the Software is accessed and used. You may not use the Software to engage in any activity that will violate the rights of third parties, including, without limitation, through the use, public display, public performance, reproduction, distribution, or modification of communications or materials that infringe copyrights, trademarks, publicity rights, privacy rights, other proprietary rights, or rights against defamation of third parties.
2. Ownership Rights
The Software is licensed to you by Pixelly for use only under the terms and conditions of the License. Pixelly reserves all rights not granted to you. The Software in its entirety is protected by the U.S. and international copyright laws and treaty provisions. Pixelly owns and retains all rights, title, and interest in and to the Software, including all copyrights, patents, trade secret rights, trademarks, service marks, and other intellectual property rights therein. Our Software is divided into Custom Software Development and Products. Custom Software Developments are based on unencrypted code and they are entirely owned by the customer and their company. Exceptions are renting, sublicensing, assigning, leasing, loaning, reselling for profit, distributing, publishing, or networking rights. Every attempt of these must be agreed with Pixelly.
Your possession, installation, or use of the Products does not transfer to you any title to the intellectual property in the Software, and you will not acquire any rights to the Products except as expressly set forth in this Agreement. All copies of the Products made hereunder must contain the same proprietary notices that appear on and in the Products, including all Products copyright notices embedded in any design template which must remain unaltered from the original and visible at all times. Renting, sublicensing, assigning, leasing, loaning, reselling for profit, distributing, publishing, networking rights, decoding, and decrypting are not allowed. Every attempt of these must be agreed with Pixelly.
Unless you attempt to rent, sublicense, assign, lease, loan, resell for profit, distribute, publish or network Custom Software Developments you possess all rights for the Software. Not agreed by Pixelly renting, sublicensing, assigning, leasing, loaning, reselling for profit, distributing, publishing, or networking the Custom Software Developments is illegal.
The License for the Products is effective until terminated. You may terminate the License at any time by uninstalling the Software and destroying all copies of the Software in any media. This Agreement may be terminated by Pixelly immediately and without notice, if you fail to comply with any term or condition of the License or this Agreement. Upon such termination, you must immediately cease using the Software, and destroy all complete and partial copies of the Software.
4. No Warranties
You accept the software “as is,” and we make no warranty as to its use, performance, or otherwise. To the maximum extent permitted by applicable law, we disclaim all other representations, warranties, and conditions, express or implied, statutory or otherwise, including, but not limited to, implied warranties or conditions of merchantability, satisfactory quality, fitness for a particular purpose, title, and non-infringement. The entire risk arising out of the use or performance of the software remains with you.
5. Limitation of Liability
To the maximum extent permitted by applicable law, Pixelly will not be liable for any indirect, special, incidental, or consequential damages (including damages for loss of business, loss of profits, or the like), whether based on breach of contract, tort (including negligence), product liability or otherwise, even if Pixelly have been advised of the possibility of such damages and even if a remedy set forth herein is found to have failed of its essential purpose. The limitations of the damages set forth herein are fundamental elements of the basis of the bargain between Pixelly and you; Pixelly would not have been able to provide the software to you without such limitations.
6. Fees and Payments
By purchasing our products with an annual license you acquire yearly access to our technical support and product updates. Each subsequent year of the license renewal, access to technical support and product updates shall be paid in accordance with the valid offer. By purchasing our products with an owned license you acquire yearly access to our technical support and product updates. Each subsequent year of access to technical support and product updates shall be paid in accordance with the valid offer. We reserve the right to charge fees for future services in our sole discretion as well as change the prices of our products and services at any time. If we decide to charge for the services, you will be given prior notice before we impose the charge. Missing payment for any Service including but not limited to custom software development, will result in the suspension of all customer’s existing services including but not limited to product licenses.
We provide you with a mechanism to provide feedback, suggestions, and ideas about the Software. You agree that we may use the feedback you provide in any way, including in future modifications of the Software. You grant us a perpetual, worldwide, fully transferable, non-revocable, royalty-free license to use, modify, create derivative works from, distribute and display any information you provide to us in the feedback.
8. Delivery Policy
Upon receipt of your Product order, you will either be prompted to begin your download immediately or you will receive an e-mail from us with instructions to complete your download. If you are prompted to begin your download immediately, your completion of the download will constitute delivery to you of the item(s) you purchased. If you receive an e-mail from us with instructions to complete your download, the receipt by you of the e-mail will constitute delivery by us to you of the item(s) you purchased. In case you are unable to download the item(s) you purchase or you do not receive an e-mail from us with instructions to complete your download, you must contact us within 5 days from the date of your Product order. If you do not contact us within 5 days from the date of your Product order, the item(s) you purchased will be considered received, downloaded, and delivered to you.
Upon receipt of your Custom Software Development order, the services will be performed to you in accordance with the terms applicable to the services that you purchased. The nature of the services you purchased and the date of your purchase may impact the timing of the performance of the services. The services will be deemed to be successfully delivered to you upon the performance of the services.
9. Refund Policy
By ordering, downloading, installing, accessing, using, or entering into any interaction with the Software (or authorizing any other person to do so) you indicate that you are aware of and you accept our Refund Policy.
Since Pixelly offers non-tangible and non-returnable goods, we do not issue refunds once the order is finalized and the product is activated. As a customer, you are responsible for understanding this upon purchasing any item on our website.
The purchase of a product implies acceptance of all its features and limitations. Refunds on the grounds of customers’ belief that the product does not meet their expectations will not be issued.