These Terms of Service ("Terms") govern your access to and use of products and services (the "Service"), provided by Pixel Valley LLC, an Ohio limited liability company ("Company", "we", "us", or "our"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.
You must be at least 18 years of age to use the Service. By using the Service, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms.
To access certain features of the Service, you must create an account. You agree to provide accurate, current, and complete information during registration and to keep your account information updated. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.
The Service provides software tools and applications developed and operated by Pixel Valley LLC. Specific features and functionality may vary by product and subscription tier.
The Service is offered on a subscription basis. Current subscription plans and pricing are displayed on the Service's website. We reserve the right to modify pricing with thirty (30) days' notice to current subscribers.
Subscriptions are billed on a monthly recurring basis through our payment processor, Stripe. By providing payment information, you authorize us to charge the applicable subscription fee to your designated payment method on a recurring basis.
We may offer promotional codes and referral programs that provide discounts on subscription fees. The terms, duration, and value of such promotions are subject to change and may be modified or discontinued at any time, except that any promotional benefit with a stated duration shall be honored for that duration. Referral discounts are applied as discounts to subscription fees and do not constitute cash payments or cash-equivalent benefits.
You may cancel your subscription at any time through your account settings. Upon cancellation, you will retain access to the Service through the end of your current billing period. No refunds will be issued for partial billing periods.
In the event that we discontinue the Service, we will provide at least thirty (30) days' notice to active subscribers. Subscribers on monthly billing will not be charged for any period after the discontinuation date. Any prepaid fees for periods after the discontinuation date will be prorated and refunded.
You agree not to use the Service for any unlawful purpose or in any manner that could damage, disable, overburden, or impair the Service. You agree not to: (a) violate any applicable law or regulation; (b) infringe upon the rights of any third party; (c) transmit any malicious code, viruses, or harmful content; (d) attempt to gain unauthorized access to any portion of the Service or its related systems; (e) use the Service to send spam or unsolicited communications; or (f) interfere with any other user's use and enjoyment of the Service.
The Service, including all software, designs, text, graphics, and other content provided by the Company, is the property of the Company and is protected by intellectual property laws. Your subscription grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal or internal business purposes during the term of your subscription. You may not copy, modify, distribute, sell, or lease any part of the Service.
You retain ownership of any data you submit to or generate through the Service ("User Data"). You grant the Company a limited license to use, process, and store your User Data solely for the purpose of providing the Service to you.
Upon cancellation of your account, we may retain your User Data indefinitely to allow you to return to the Service in the future, or we may delete it at our discretion. If you wish to have your User Data permanently deleted, you may submit a deletion request as described in our Privacy Policy.
Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR USE OR INABILITY TO USE THE SERVICE; (B) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR ANY PERSONAL INFORMATION STORED THEREIN; (C) ANY INTERRUPTION OR CESSATION OF THE SERVICE; OR (D) ANY OTHER MATTER RELATING TO THE SERVICE.
THE COMPANY'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO THE COMPANY DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
You agree to indemnify, defend, and hold harmless the Company and its members, managers, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with your access to or use of the Service or your violation of these Terms.
These Terms shall be governed by and construed in accordance with the laws of the State of Ohio, without regard to conflict of laws principles.
Any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the state or federal courts located in the State of Ohio, and you consent to the personal jurisdiction of such courts.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY HEREBY WAIVES THE RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE.
We may modify these Terms at any time by posting the revised Terms on the Service's website. Material changes will be communicated to registered users via email at least thirty (30) days before they take effect. Your continued use of the Service after the effective date of any changes constitutes your acceptance of the revised Terms.
The Company reserves the right to assign or transfer these Terms and the operation of the Service to a successor entity, including but not limited to a sibling or affiliated limited liability company, without your prior consent, provided that such assignee agrees to be bound by these Terms. We will notify you of any such transfer via email.
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
These Terms, together with the Privacy Policy, constitute the entire agreement between you and the Company regarding the Service and supersede all prior agreements and understandings.
If you have any questions about these Terms, please contact us at:
Pixel Valley LLC
Email: legal@pixelvalley.io