Effective on January 20, 2023

Through www.PIXMO.io and related services, sites, and apps that are offered under these Terms of Use (collectively, the “PIXMO Platform”), we provide interior designers, architects, builders and other professionals or Pros”) with tools to better manage their day-to-day business and workflow with their clients (“Clients”) and third-party vendors (“Vendors”).  The PIXMO Platform is also designed to improve the design experience for Clients, by allowing them to review project-related documents from Pros and to pay Pros.  The PIXMO Platform includes our plug-ins, for example, the Product Clipper browser extension.

BY SIGNING UP WITH PIXMO, YOU AGREE AND UNDERSTAND OUR REFUND POLICY AS OUTLINED BELOW. 

Please review these Terms of Use carefully. If you agree to pay for or use the PIXMO Platform products or services as a Pro, a Client or a Vendor, these Terms of Use will apply to you and set forth the legal agreement between you and us, and our limitation of liability to you and your agreement to resolve any disputes by individual arbitration and to waive the right to participate in a class action.

Contract

  1. Legal Agreement.  These Terms of Use are legally binding terms governing your use of the PIXMO Platform. We encourage you to read them carefully and not to use the PIXMO Platform if you do not wish to be legally bound by these Terms of Use.
  2. Modifications.  We reserve the right to modify these Terms of Use at any time. If we make material changes, we will provide you notice through the PIXMO Platform, or by other means, to provide you the opportunity to review the changes before they become effective. Your continued use of the PIXMO Platform after we publish or send a notice about the changes to these Terms of Use means that you are agreeing to the changes.
  3. Additional Terms.  In addition, when using certain services on the PIXMO Platform, you will be subject to any additional terms applicable to such services that are made available on the PIXMO Platform, including our Privacy Policy. All such terms are hereby incorporated by reference into these  Terms of Use.

    PIXMO Platform
  4. Eligibility.  You are allowed to use the PIXMO Platform if you are at least 16 years of age or if older, the minimum age lawfully allowed to use the PIXMO Platform without parental consent.
  5. Accounts.  If you create an account on the PIXMO Platform, you are responsible for keeping your password confidential and secure, and you agree to provide us with truthful and correct information about you as prompted and to keep this information updated (including contact information). You must notify us immediately of any breach of security or unauthorized use of your account. Accounts are not transferable.  We reserve the right to close an account for any reason we deem reasonable. We reserve the right to terminate or temporarily deactivate accounts that are in violation of these terms, and we may not provide any notice of such action.
  6. Transactions. The PIXMO Platform may allow contracts and proposals to be made available for review and signature (including e-signature) and payments to be accepted or made. We are not responsible for any contracts or proposals made available through the PIXMO Platform. We have no control over and do not guarantee the existence, quality, safety or legality of any goods or services advertised by Pros or Vendors; the truth or accuracy of any advertisements; the ability of Pros or Vendors to sell or provide goods or services; the ability of any user to pay for any goods or services; or the completion of any transaction on the PIXMO Platform. We do not warrant or guarantee that any goods or services offered through the PIXMO Platform will meet your requirements. As a Pro or Vendor, you are responsible for any contracts or proposals made available through the Platform, performing such contracts, delivering to Clients any items or materials purchased on their behalf, and paying for all purchases made on behalf of your clients and customers.
  7. Communications.  By agreeing to these Terms of Use, you agree to receive certain communications from us and our affiliates, including emails related to transactions. You are not required to agree to receive promotional texts, calls, pre-recorded messages, emails or push notifications as a condition of using the PIXMO Platform. If you elect to submit your phone number to us, you agree to receive communications from us and our affiliates, including via text messages, calls, pre-recorded messages, emails and push notifications, any of which may be generated by automatic telephone dialing systems.  These communications include, for example, operational communications concerning your account or use of the PIXMO Platform, updates concerning new and existing features on the PIXMO Platform, communications concerning promotions run by us or third parties, and news relating to the PIXMO Platform and industry developments. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send.  If you wish to stop receiving promotional text messages, please follow the instructions we provide.
  8. PIXMO Platform Modifications.  We reserve the right to modify or discontinue the PIXMO Platform (or any aspect of the PIXMO Platform), temporarily or permanently, with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the PIXMO Platform. We also may provide you certain features as part of your PIXMO Platform for a limited promotional period.
  9. PIXMO Platform Limitations.  You acknowledge that we may establish general practices and limits concerning use of the PIXMO Platform, including the maximum period of time that data or other content will be retained by the PIXMO Platform and the maximum storage space that will be allotted to you.  Each pricing plan is subject to a maximum number of “activated” users.
  10. User Disputes.  We are not a party to any agreement between our users, including Pros, Clients or Vendors. As a Pro, Client or Vendor, you release us from any liability for any agreements or interactions with any other Pros, Clients or Vendors. You agree that you are solely responsible for your interactions with any other user in connection with the PIXMO Platform, and we will have no liability or responsibility with respect thereto. We reserve the right, but have no obligation, to become involved in any way with disputes between you and any other user of the PIXMO Platform. In entering into this release you expressly waive any protections, statutory or otherwise, that would limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release. The release in the preceding sentence includes California Civil Code Section 1542, which provides as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
  11. Personal Data.

(i) You have provided appropriate notice and have obtained all consents and rights necessary for us to process any personal data you may provide to the PIXMO Platform (“Submitted Personal Data”) in accordance with these Terms of Use and our Privacy Policy (including to transfer the Submitted Personal Data to third parties and third party services that you select), and to transfer the Submitted Personal Data outside of the country of residence of the individual to which the Submitted Personal Data relates, if applicable, pursuant to our Privacy Policy.  We may use Submitted Personal Data as provided under our Privacy Policy, including to provide you the PIXMO Platform, to improve the PIXMO Platform and to provide the PIXMO Platform and Submitted Personal Data to the Clients, Pros and Vendors that you select to receive the Submitted Personal Data.

(ii) To the extent that you receive personal data through the PIXMO Platform (“Platform Personal Data”), you may process the Platform Personal Data only for the intended purpose for which it was provided or to the extent that you have obtained consent as required under applicable law from the person to which the Platform Personal Data relates. You shall protect the confidentiality of Platform Personal Data and use appropriate security safeguards to protect Platform Personal Data against unauthorized or unlawful processing and against accidental loss, destruction, alteration, disclosure or access. You may share such Platform Personal Data only to the extent authorized by the person to which such Platform Personal Data relates or to your subcontractors, provided that you are responsible for ensuring the subcontractors’ compliance with this provision. Without limiting the foregoing, you shall not sell Platform Personal Data.

(iii) You must ensure that your use of personal data is at all times compliant with all applicable laws (including with respect to the period with which you retain personal data) and that you honor requests by individuals exercising their rights under applicable law (e.g. with respect to data deletion or data access). If you receive any privacy inquiry or complaint from an individual, regulator or other party related to the PIXMO Platform, Submitted Personal Data or Platform Personal Data, you will promptly inform us of such complaint and will cooperate reasonably and in good faith to respond to such inquiry or complaint.

  1. Payments
  2. Pro and Vendor Fees and Costs.

(i) Amount of Fees: As a Pro or Vendor, you will be required to pay for certain aspects of the PIXMO Platform. Current fees related to our plans can be found here and fees related to our payment processing.

Plan pricing may be based on the number of “activated” projects during the term of that plan. A project in your account on the PIXMO Platform is considered “activated” upon the first to occur of any of the following events:  (A) a new invoice is created, (B) a payment is received on the project (whether or not through the PIXMO Platform), (C) a retainer request document is downloaded or emailed to a Client, (D) or a proposal document is downloaded or emailed to a Client or (E) an associated room board is downloaded or emailed. If you exceed the number of activated projects for your pricing tier, your account will be changed to the plan at the next higher pricing tier and, starting with your next billing period, you will be charged the fees for the next higher pricing tier. The agreed upon fees for each pricing tier may be accessed through your account page in the PIXMO Platform.

(ii) Payments Generally:  You agree to pay us the applicable fees when they are due. You agree to pay the fees associated with the initial plan you select and any subsequent changes (whether manual or automatic), including any automatically recurring fees, usage-based fees, transaction fees deducted automatically from payments made to you through the PIXMO Platform, one-time fees that you may incur, and surcharges for using a payment card. Fees or surcharges for using a payment card will be identified in the Agreement. We may set off amounts payable by us to you against amounts payable by you to us.

(iii) Automatic Payments and Renewal:  If you subscribe to a plan for the PIXMO Platform, you will be charged (using the payment method associated with your account) the applicable fee at the beginning of each term (either 12-months for the annual plan or 1 month for the monthly plan). Plans will automatically renew at the end of each term at the pricing tier in place at the time of renewal. If you do not want your plan to renew, you must contact us at least 15 days before the end of the term if you have an annual plan and before the end of the term if you have a monthly plan. Otherwise, your plan will renew, and you are still responsible for paying for your plan for each renewal term. In all cases, you are responsible for paying for the full current term of your plan. PIXMO has the right to store and update your payment method and to automatically charge your payment method for the applicable PIXMO Platform plan. You further agree and understand that a credit card is required upon signing up on PIXMO. Since PIXMO does not offer any trial periods, you will be billed immediately for the services provided.  

Further: All services charged to you for access to our platform are non-refundable regardless if you actually use the platform. Additional terms under the refund policy herein.

(iv)  Payments from Clients:  To the extent that you receive payment from Clients through the PIXMO Platform, payments will be disbursed to you according to the schedules listed here. Please note that all payments made through the PIXMO Platform are facilitated through a third-party payment processor. We do not take custody of your funds, nor can we access such funds.

(iv)  Price Changes:  We reserve the right to change our prices. If we change or update prices, we will provide notice of the change on the PIXMO Platform or by email, at PIXMO option, at least 30 days before the change takes effect. To the extent you continue to use the PIXMO Platform after the price change becomes effective, such use constitutes your agreement to pay the prices as amended. We may choose to temporarily change our fees for promotional events or new services; these changes are effective when we announce the promotional event or new service and end the earlier of the date identified or 30 days after the initial announcement.

  1. Payments by Clients. As a Client, you may pay Pros or Vendors for goods or services through the PIXMO Platform by authorizing us and our third-party payment processor to charge the method of payment associated with your account. You agree to pay the entire amount that you approve, including any taxes or fees. If such amounts are reversed and deducted from our accounts, you agree to remit the amounts to us and, if you fail to do so, you authorize us and our third-party payment processor to collect the amounts from you, using any legal manner without prejudice to any other right or remedy we may be entitled to under these Terms or by law.
  2. Payment Method.  To the extent the PIXMO Platform or any aspect thereof is made available for any fee, or you are paying or receiving payment for goods or services via the PIXMO Platform, you will be required to provide us information regarding your credit card or other payment method or bank account. You represent and warrant to us that (i) such information is true; (ii) you are authorized to use the payment method; (iii) you are authorized to provide such payment information to us; (iv) such action does not violate the terms and conditions applicable to your use of such payment method or applicable law; and (v) you authorize us, our affiliates and our third-party payment processor to charge your payment method for the amount displayed through the PIXMO Platform. You will promptly update your Account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. We do not have access to information about your payment method, other than your name and contact information as required for customer service, but our payment processor may store and update your payment method, and we may continue billing your payment method (e.g. credit card) even after it has expired or been updated, to avoid interruptions in your use of the PIXMO Platform and for other transactions you authorize through the PIXMO Platform.
  3. Payment Disputes.  If you dispute any charges by us, you must let us know within thirty (30) days after the date that we charge you. If you dispute any charges by another user, you must contact the user directly. If you, as Pro, Client or Vendor, are involved in a credit card dispute involving a payment made through or in connection with the PIXMO Platform, such as a chargeback, you agree to provide us and our third-party payment processor with all information relevant to the dispute. If any funds are withdrawn from our accounts as a result of the dispute or chargeback, you agree to reimburse us within 48-hours of the date the dispute was initiated. We may obtain reimbursement of any amounts owed to us by instructing our payment processor to deduct such amounts from your account, deducting from future payments owed to you, reversing any credits to your account balance, charging your credit card, or through any other lawful means, including by using third-party collections services. You authorize us to use any or all of the foregoing methods to seek reimbursement. It is our business practice to identify and investigate disputed transactions and transactions with high levels of repayment risk, and we reserve the right to withhold disbursements until we complete our investigations of disputed or high-risk transactions. As a Pro or Vendor, if you agree to refund any fees to another party, you are responsible and will pay us (and we may retain) any transaction costs associated with such refund. If we are unable to collect any fees from you, we may limit your ability to use the PIXMO Platform, and we may collect fees owed using any legal manner without prejudice to any other right or remedy we may be entitled to under these Terms of Use or by law.  All amounts paid are not refundable unless otherwise expressly provided by us. In the event that we bring any action or suit to collect any fees owed under these Terms of Use, we will be entitled to recover costs, including reasonable attorneys’ fees, incurred in such collection. Any amounts past due will be subject to a late fee of the lesser of 1.5% per month or the maximum amount permitted by law.
  4. Taxes. All consideration to be paid or provided made under or in connection with this Agreement is exclusive of taxes, duties and levies, including state sales taxes, VAT or GST (collectively, “Taxes”). You are responsible for paying all Taxes, excluding only taxes based on PIXMO net income. If we have the legal obligation to pay or collect Taxes for which you are responsible under these Terms of Use, the appropriate amount shall be invoiced to and paid by you unless you provide us with a valid tax exemption certificate authorized by the appropriate taxing authority.
  5. Intellectual Property Rights
  6. Content. You may submit or transmit content (including data, text, information, screen names, graphics, photos, profiles, audio and other media, links) through the PIXMO Platform (“Your Content”), for example, as part of registration, the listing process (which may include items, item descriptions, messaging text, newsletters, photographs, audio, video and descriptions), the messaging service, any public message area (including forums or feedback) or any email feature. The PIXMO Platform allows messaging and sharing of information in many ways. Your Content that you share or post may be seen by other users. You are solely responsible for Your Content.
  7. Rights Granted by You. As between you and us, you own Your Content. PIXMO does not demand, or claim any rights to any content created, shared, or distributed through our platform both on the project management side as well as social media management side nor any other parts of the platform. PIXMO will never use any of your content without your explicit permission to do so, with credit to yourself as well.
  8. PIXMO Platform.  We reserve all intellectual property rights in the PIXMO Platform. Using the PIXMO Platform does not give you any ownership in the PIXMO Platform or the content or information made available through the PIXMO Platform. Trademarks and logos used in connection with the PIXMO Platform are the trademarks of their respective owners. The PIXMO name and logos and other PIXMO trademarks, service marks, graphics and logos used for the PIXMO Platform are our trademarks.
  9. Conditions of Use
  10. Compliance with Laws.  You agree to comply with all applicable domestic, local, state and international laws, statutes, ordinances and regulations regarding your use of our PIXMO Platform and your listings, purchases, solicitation of offers, sale of items and Your Content, if and to the extent applicable.
  11. Prohibited Conduct.   Any use of the PIXMO app or the content other than as specifically authorized on the PIXMO Platform (including these Terms of Use) is prohibited. The following are examples of content and use that is prohibited on the PIXMO Platform.  You agree not to:
  • upload any content that (i) you do not have a right to upload under any law or under contractual or fiduciary relationships; (ii) poses or creates a privacy or security risk to any person; (iii) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; or in our sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying the PIXMO Platform, or which may expose us or our users to any harm or liability of any type;
  • solicit, harass, stalk, impersonate or abuse another user of the PIXMO Platform;
  • be false, misleading, untruthful, inaccurate, defamatory, trade libelous, threatening, harassing, harmful, abusive or vulgar; promote violence, racial hatred terrorism or illegal acts;
  • be fraudulent or involved in the sale of illegal, counterfeit, stolen items or items which violate these Terms of Use in any way;
  • infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity;
  • be obscene or transmit pornography;
  • transmit software viruses, worms, trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the PIXMO Platform;
  • interfere with or disrupt the PIXMO Platform or servers or networks connected to the PIXMO Platform, or disobey any requirements, procedures, policies or regulations of networks connected to the PIXMO Platform; impersonate any person or entity, or falsely state or otherwise misrepresent your credentials or your affiliation with a person or entity;
  • solicit personal information from anyone under the age of 18;
  • create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
  • lead us to violate any applicable law, statute, ordinance or regulation, or these Terms of Use;
  • modify, adapt or hack the PIXMO Platform or modify another website so as to falsely imply that it is associated with the PIXMO Platform;
  • unless otherwise expressly authorized by us or in the PIXMO Platform, display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, frame, scrape, rent, lease, loan, reverse engineer or otherwise attempt to discover the source code of any portion of the PIXMO Platform, use of the PIXMO Platform, or access to the PIXMO Platform (including Content in the PIXMO Platform);
  • engage in or use any data mining, robots, scraping or similar data gathering or extraction methods;
  • implement any measures to circumvent restrictions to or within the PIXMO Platform (e.g., by masking or blocking your IP address or using a proxy IP address).
  1. Violations.  We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including removing the offending content from the PIXMO Platform, suspending or terminating the account of such violators and reporting you to law enforcement authorities.  We have the right (but not the obligation) in our sole discretion to refuse or remove any content that is available via the PIXMO Platform.
  2. Other Content, Sites and Apps.

By using the PIXMO Platform, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. We generally do not review content provided by our users or others. You agree that we are not responsible for others’ (including users’) content or information. We cannot always prevent misuse of the PIXMO Platform, and you agree that we are not responsible for any such misuse.

You are responsible for deciding if you want to access or use third party apps or sites that link from the PIXMO Platform. Third party apps and sites have their own legal terms and privacy policies, and you may be giving others permission to use your information in ways we would not. Except as may be required by applicable law, we are not responsible for these other sites and apps – use these at your own risk.

Payment processing services on the PIXMO Platform are provided by Stripe and are subject to the Stripe Connected Account Agreement (available at: https://stripe.com/us/connect-account/legal), which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these Terms of Use or continuing to use an account, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of our enabling payment processing services through Stripe, you agree to provide us with accurate and complete information about you and your business, and you authorize us to share it and transaction information related to your use of the payment processing services provided by Stripe.

  1. Copyright Infringement Policy.

We are committed to protecting the rights of copyright rights holders and seek to comply with all applicable laws and regulations regarding the protection of intellectual property.

If you are a copyright owner or an agent thereof and believe that any user submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our agent identified below with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail):

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works within the PIXMO Platform are covered by a single notification, a representative list of such works that appear within the PIXMO Platform;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
  • Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

We will process any notices of alleged copyright infringement and will take appropriate actions under the DMCA. Upon receipt of notices complying with the DMCA, we will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing.

We may notify the owner or administrator of the affected content so that he or she can make a counter-notification pursuant to his or her rights under the DMCA. If you receive such a notice, you may provide counter-notification in writing to our agent identified below that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:

  • Your physical or electronic signature;
  • Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
  • A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
  • Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

Notices of claimed infringement and counter-notifications should be directed to our agent by mailing all required documentation to:

copyright@pixmo.io

DMCA Complaints

  1. Indemnification

You agree to indemnify, defend and hold us, our affiliates, shareholders, officers, directors, employees, agents, representatives and those that we work with to provide the PIXMO Platform (collectively, the “PIXMO Entities”) harmless from and against any and all claims, loss, damage, tax, liability and expense, including but not limited to legal costs made by any third party due to or arising out of your breach of these Terms of Use, the Privacy Policy or any other policy documents and community guidelines as may be posted on the PIXMO Platform from time to time, or your violation of any law or the right of a third party.

  1. Disclaimer of Warranties

THE PIXMO ENTITIES PROVIDE THE PIXMO PLATFORM “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. THE PIXMO ENTITIES DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

THE PIXMO ENTITIES DO NOT BUY OR SELL OR REPRESENT ANY PRO OR ITEMS ON THE PIXMO PLATFORM AND DISCLAIMS ANY LIABILITY FOR THE SALE OR ATTEMPTED SALE OF ITEMS ON AND VIA THE PIXMO PLATFORM. THE PIXMO ENTITIES DO NOT WARRANT THAT THE PIXMO PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE PIXMO PLATFORM WILL MEET YOUR REQUIREMENTS OR THAT ANY DEFECTS IN THE PIXMO PLATFORM WILL BE CORRECTED. THERE MAY BE DELAYS, OMISSIONS AND INTERRUPTIONS IN THE AVAILABILITY OF THE PIXMO PLATFORM.

  1. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE PIXMO ENTITIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, PUNITIVE DAMAGES, OR DAMAGES FOR LOSS OF PROFIT INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF AN PIXMO ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE PIXMO PLATFORM; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE PIXMO PLATFORM; (III) UNAUTHORIZED ACCESS TO, ALTERATION OF, OR LOSS OF YOUR CONTENT OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE PIXMO PLATFORM; OR (V) ANY OTHER MATTER RELATING TO THE PIXMO PLATFORM. IN NO EVENT WILL THE PIXMO ENTITIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID US IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE PIXMO PLATFORM OR WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE PIXMO PLATFORM.

  1. Disputes and Governing Law
  2. Governing Law.  These Terms of Use shall be construed and interpreted in accordance with the laws of the State of California, without regard to its conflict of law rules, and the laws of the United States of America.
  3. Disputes.

Hopefully, we can resolve our issues on our own, but if we can’t, you agree that the following rules shall govern any legal disputes involving our Services:

The Terms are governed by the laws of the State of California, without regard to its conflict of laws rules, and the laws of the United States of America.

Any dispute under these Terms will be resolved through binding arbitration, not through the court system. All arbitration will be conducted in San Bernardino, California unless both parties agree otherwise in writing in a specific case. All arbitration will be conducted before a single arbitrator in following the rules of the American Arbitration Association.

Within thirty (30) days of a final award by the single arbitrator, either party may appeal the award for reconsideration by a three-arbitrator panel. The panel will reconsider all aspects of the initial award that are appealed, including related findings of fact, and any cross-appeals.  Any award by the individual arbitrator that is not subject to appeal, and any panel award on appeal, shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

No party may join, consolidate, or otherwise bring claims for or on behalf of two or more individuals or unrelated corporate entities in the same arbitration unless those persons are parties to a single transaction. an award in arbitration shall determine the rights and obligations of the named parties only, and only with respect to the claims in arbitration, and shall not (i) determine the rights, obligations, or interests of anyone other than a named party, or resolve any claim of anyone other than a named party, or (ii) make an award for the benefit of, or against, anyone other than a named party. No administrator or arbitrator shall have the power or authority to waive, modify, or fail to enforce this paragraph, and any attempt to do so, whether by rule, policy, and arbitration decision or otherwise, shall be invalid and unenforceable. Any challenge to the validity of this Section shall be determined exclusively by a court in the State of California and not by the administrator or any arbitrator. If this Section shall be deemed unenforceable, then any proceeding in the nature of a class action shall be handled in a court in San Bernardino, California, not in arbitration.

Except as required by law, neither a party nor the arbitrator may disclose the existence, content or results of any arbitration without the prior written consent of the other parties.

Note that, if we make any changes to this “Disputes” section after the date you last accepted the Terms, those changes will not apply to any claims filed in a legal proceeding against PIXMO LLC prior to the date the changes became effective. PIXMO LLC will notify you of substantive changes to this Section at least 30 days prior to the date the change will become effective. If you do not agree to the modified terms, you may send us a written notification or close your account within those 30 days. By rejecting a modified term or permanently closing your account, you agree to arbitrate any disputes between you and PIXMO LLC in accordance with the provisions of this Section as of the date you last accepted the Terms, including any changes made prior to your rejection. If you reopen your closed account or create a new account, you agree to be bound by the current version of the Terms.

  1. Waiver of Class Action.  You acknowledge and agree that you and PIXMO each are waiving the right to a trial by jury or to participate as a plaintiff as a class member in any class action proceeding.
  2. Arbitration.You and we agree that any dispute, claim or controversy arising out of or relating to these Terms of Use or to your use of the PIXMO Platform (collectively “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. Further, unless you and we agree otherwise in writing, the arbitrator may not consolidate more than one person’s claims and may not preside over any form class action proceeding. If this specific paragraph is held unenforceable, then the provisions below of this “Dispute Resolution” Section 9 will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” Section 9 will survive any termination of these Terms of Use.
  3. Arbitration Rules and Governing Law.The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution’ section. (The AAA Rules are available at http://www.adr.org or by calling the AAA at 1-800-778-7879). The Federal Arbitration act will govern the interpretation of this section
  4. Arbitration Process.A party who desires to initiate the arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within 7 days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with AAA Rules.
  5. Arbitration Location and Procedure.Unless you and we agree otherwise, the arbitration will be conducted in San Francisco, California. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and we submit to the arbitrator, unless you request a hearing and the arbitrator then determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by AAA Rules. Subject to AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration. For claims that exceed $10,000 and involve a hearing, you may elect for the hearing be conducted by telephone.
  6. Arbitrator’s Decision.The arbitrator will render an award within the timeframe specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration may be entered in any court having jurisdiction thereof. Any award of damages by an arbitrator must be consistent with the “Disclaimers and Limitations of Liability” section above. The arbitrator may award declaratory or injunctive relief in favor of the claimant only to the extent necessary to provide relief warranted by the claimant’s individual claim.
  7. Fees.Your responsibility to pay any AAA filing, administrative and arbitrator fees will be as set forth in the AAA Rules.
  8. Termination
  9. Termination by PIXMO. If you materially breach these Terms of Use, we may terminate these Terms of Use by providing written notice to you. In such case, we have no obligation to refund any amounts to you, and you immediately shall pay any additional amounts due to us as of the effective date of termination. These Terms of Use also may be terminated by us for any other reason by providing you 30 days prior written notice, and if you have an PIXMO subscription in such case, you would adhere to the refund policies as set forth under this agreement.
  10. Termination by Customer. You may terminate these Terms of Use (a) by electing not to renew your PIXMO subscription in accordance with Section 3(a)(iii), or (b) upon 60 days notice to PIXMO in the event of our material breach of these Terms of Use, provided that we have not cured such material breach within such 60 day period. 
  11. Termination Generally. In addition, unless you have an PIXMO subscription, either you or we may terminate these Terms of Use at any time with notice to the other. On the effective date of termination, you lose all right to access or use the PIXMO Platform. You are responsible for making a copy of or otherwise retaining any of your data that you stored or created on the PIXMO Platform prior to the effective date of termination.  The following shall survive any termination of these Terms of Use:
  • This Section 12
  • Sections 3, 4 and 8 through 11 of these Terms of Use regarding payments, intellectual property rights, indemnification, disclaimer of warranties, limitation of liability, disputes and governing law;
  • Any amounts owed by either party prior to termination remain owed after termination.

You agree that we will not be liable to you or any third party for any termination of your access to the PIXMO Platform. Neither your election to terminate your account nor any termination by us for your material breach will entitle you to a refund of any payment or void your responsibility to pay for the full term of any paid plan that you agreed to purchase.

  1. General

These Terms of Use constitute the entire agreement between you and us and govern your use of the PIXMO Platform, superseding any prior agreements between you and PIXMO with respect to the PIXMO Platform. You may not assign these Terms of Use without our prior written consent, but we may assign or transfer these Terms of Use or delegate its responsibilities under these Terms of Use, in whole or in part, without restriction. If a court with authority over these Terms of Use finds any part of it not enforceable, you and us agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and us agree to ask the court to remove that unenforceable part and still enforce the rest of these Terms of Use. To the extent allowed by law, the English language version of these Terms of Use is binding and other translations are for convenience only.  These Terms of Use (including additional terms that may be provided by us when you engage with the PIXMO Platform) is the only agreement between us regarding the PIXMO Platform and supersedes all prior agreements for the PIXMO Platform. If we don’t act to enforce a breach of these Terms of Use, that does not mean that we have waived our right to enforce these Terms of Use. There are no third party beneficiaries to these Terms of Use.

  1. Notice for California Users

Under California Civil Code Section 1789.3, users of the PIXMO Platform from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

  1. Lifetime Deal Subscription Holders

At times, PIXMO will run a lifetime deal promotion where users are charged 1 price (generally different for every package) and the user has lifetime access to the PIXMO platform with an effective end date of 2100 year (adjustable if the company gets to year 2100, will be adjusted accordingly). You agree that by purchasing a lifetime license, that the fee for such licensing is a non-refundable fee to secure a lifetime seat on the PIXMO platform. The license is also non-transferrable and must stay with the email address for which it was purchased for.

The user further agrees that PIXMO has the right to terminate your account should the user violate any of the terms within the terms of use or privacy policy per the termination of account clause above.

The user further agrees that if they want to upgrade their account, that such action would most likely result in the user having to pay monthly price for the upgraded account, and no exceptions would be made for lifetime license holders to transfer their license to an upgraded account.

  1. No Free Trials Billing Structure.

If you sign up for a paid account and provide your credit card details when you sign up for a account to use the PIXMO services. Subject to our refund policy.

  1. Billing, Taxes and Fee Changes.

The Services are billed in advance on a monthly or annual basis and are non-refundable.  If you sign up for an annually paid account, we will bill you for the entire year on the date that you sign up for this account.

PIXMO REFUND POLICY: 

There are no refunds for annual plans, as we treat annual plans as a contract/commitment.

For monthly plans, the following applies to NEW accounts only.
Within 15 Days: Including on the 15th day: 50% refund.
After 15 Days: No refunds will be approved.
Annual Plans: No refunds will be approved.

For monthly plans, the following applies to EXISTING accounts only.
Monthly Plans: No refunds will be approved.
Quarterly Plans: No refunds will be approved
Annual Plans: No refunds will be approved.

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.  If you cancel the Services before the end of your current paid up month, your account will remain open until the end of the then-current billing cycle, after which the cancellation will take effect and you will not be charged for the next month or be able to access your account.

There are older accounts that are grandfathered into the plans from before PIXMO changed pricing structures in January 2022. For those users, should your account lapse in payment, you would be required to upgrade to the new plan structures.

Should you change your plan to a different plan (either upgrading or downgrading) you would also be required to change to the new plan structures. No exceptions will be provided to these terms of grandfathered accounts.

  1. Questions? Concerns? Suggestions?

Please contact us at support@PIXMO.io to report any violations of these Terms of Use or to pose any questions regarding this Terms of Use or the PIXMO Platform.