• Privacy Policy
• Terms & Conditions

Terms of Service

Effective as of September 5th, 2025

These Terms of Service (“Terms”) form a legally binding agreement between you (“Client,” “you,” or “your”) and Pixelable (“Pixelable,” “we,” “our,” or “us”), a digital agency providing professional services including but not limited to website design and development, branding, consulting, digital marketing, and related creative and technical solutions (the “Services”). By accessing, engaging, or making use of the Services, you acknowledge and agree to be bound by these Terms. If you do not agree with these Terms, you must refrain from using Pixelable’s Services.

1. Definitions

1. 1.1 “Agreement” means these Terms of Service, together with the Privacy Policy, proposals, project statements of work (“SOWs”), or any other written agreements entered into between the Client and Pixelable.
2. 1.2 “Client Content” means all materials, data, information, branding, designs, trademarks, logos, images, video, or other content provided by the Client to Pixelable in connection with the Services.
3. 1.3 “Deliverables” means all work products, creative assets, code, documentation, designs, or other materials created or developed by Pixelable in the performance of the Services.
4. 1.4 “Confidential Information” means any non-public information disclosed by either party, whether oral, written, or digital, that is designated as confidential or that should reasonably be understood as confidential given the nature of the information and the circumstances of disclosure.
5. 1.5 “Fees” means the charges payable by the Client for the Services, as specified in invoices, SOWs, or proposals issued by Pixelable.

2. Client Accounts and Responsibilities

1. 2.1 Account Information The Client shall provide accurate, current, and complete information when entering into engagements with Pixelable. The Client agrees to maintain and promptly update such information as necessary. Failure to provide accurate details may result in delay, suspension, or termination of Services.
2. 2.2 Eligibility By entering into this Agreement, you represent that you are at least sixteen (16) years of age and legally capable of binding yourself or the organization you represent. Pixelable does not knowingly provide Services to individuals under the age of sixteen (16).
3. 2.3 Client Obligations The Client shall: (a) cooperate fully with Pixelable in good faith and provide necessary access, approvals, and decisions required for project execution; (b) ensure that all Client Content is lawful, accurate, and free from third-party claims or restrictions; (c) use the Deliverables solely for legitimate business purposes; and (d) refrain from using the Services in any manner that is unlawful, defamatory, misleading, or infringing on third-party rights.
4. 2.4 Payments (a) The Client agrees to pay all Fees in accordance with the terms set forth in invoices, proposals, or SOWs. (b) Unless otherwise agreed, payments shall be due within fourteen (14) days of invoice issuance. (c) Pixelable reserves the right to suspend Services until payment is received. (d) Late payments may incur interest charges at a rate of one and one-half percent (1.5%) per month or the maximum rate permitted by law, whichever is lower. (e) All Fees are exclusive of taxes, duties, and governmental charges, which shall be borne by the Client.

3. Use of Services

• 3.1 Permitted Use

  The Services and Deliverables are intended solely for the Client’s internal business use and in accordance with the Agreement.

• 3.2 Prohibited Use

  The Client shall not:

  • (a) copy, modify, distribute, sublicense, rent, lease, or otherwise exploit Deliverables except as expressly permitted in writing;
  • (b) misrepresent affiliation with Pixelable or falsely suggest endorsement;
  • (c) introduce viruses, malware, or harmful technologies into Pixelable’s systems; or
  • (d) engage in conduct that interferes with or disrupts Pixelable’s operations or the rights of other clients.
• 3.3 Monitoring and Enforcement

  Pixelable reserves the right to audit, review, or restrict access to Deliverables if it reasonably suspects misuse or breach of these Terms.

4. Intellectual Property

• 4.1 Ownership by Pixelable

  Unless expressly agreed in writing, all intellectual property rights in Deliverables, methodologies, know-how, strategies, or other creative works produced by Pixelable remain the sole and exclusive property of Pixelable.

• 4.2 License to Client

  Upon full payment of Fees, Pixelable grants the Client a non-exclusive, non-transferable, worldwide license to use Deliverables solely for business purposes outlined in the Agreement.

• 4.3 Client Content
  • (a) The Client retains ownership of all Client Content.
  • (b) By providing Client Content, the Client grants Pixelable a limited, revocable license to use, reproduce, and adapt such content strictly for performance of the Services.
  • (c) The Client warrants that all Client Content is lawful and does not infringe on any third-party rights.

5. Confidentiality

• 5.1 Confidential Obligations

  Each party agrees to maintain in strict confidence all Confidential Information disclosed by the other party and not to use such information except as necessary to perform obligations under the Agreement.

• 5.2 Exclusions

  Confidential Information does not include information that:

  • (a) is or becomes publicly available without breach of this Agreement;
  • (b) is independently developed without use of the other party’s Confidential Information;
  • (c) is lawfully received from a third party without restriction; or
  • (d) must be disclosed pursuant to law, regulation, or court order.

6. Warranties and Disclaimers

• 6.1 Client Warranties

  The Client warrants that it has full authority to enter into this Agreement and that use of Client Content does not infringe upon third-party rights.

• 6.2 Pixelable Disclaimer

  Pixelable provides all Services and Deliverables “as is” and “as available” without warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, or uninterrupted availability.

7. Limitation of Liability

• 7.1 Exclusions

  To the maximum extent permitted by law, Pixelable shall not be liable for:

  • (a) indirect, incidental, consequential, punitive, or exemplary damages;
  • (b) loss of profits, revenue, goodwill, or business opportunities; or
  • (c) reliance on Deliverables or Services.
• 7.2 Cap on Liability

  In no event shall Pixelable’s aggregate liability exceed the total Fees paid by the Client for the Services giving rise to the claim.

8. Indemnification

• 8.1 Client Indemnity

  The Client shall indemnify, defend, and hold harmless Pixelable, its affiliates, employees, and contractors against all claims, damages, losses, and expenses (including legal fees) arising from:

  • (a) Client Content;
  • (b) misuse of Deliverables; or
  • (c) breach of this Agreement.

9. Force Majeure

• 9.1 Force Majeure

  Pixelable shall not be liable for delays or failures in performance caused by events beyond its reasonable control, including but not limited to acts of God, labor disputes, natural disasters, internet outages, cyber-attacks, or governmental actions.

10. Term and Termination

• 10.1 Term

  This Agreement remains in effect until terminated in accordance with this section.

• 10.2 Termination by Client

  The Client may terminate Services with written notice, subject to payment of all outstanding Fees and expenses.

• 10.3 Termination by Pixelable

  Pixelable may suspend or terminate Services immediately if:

  • (a) the Client fails to pay Fees when due;
  • (b) the Client breaches material obligations under this Agreement; or
  • (c) continuation of Services poses legal, financial, or reputational risk.
• 10.4 Effect of Termination

  Upon termination, the Client shall cease all use of Deliverables and Pixelable shall be entitled to retain payments made. Provisions relating to confidentiality, intellectual property, indemnification, limitations of liability, and governing law shall survive termination.

11. Governing Law and Dispute Resolution

• 11.1 Governing Law

  This Agreement shall be governed by the laws of the jurisdiction in which Pixelable maintains its principal office, without regard to conflict of laws principles.

• 11.2 Dispute Resolution
  • (a) The parties shall attempt to resolve disputes through good-faith negotiations.
  • (b) If unresolved, disputes shall be submitted to binding arbitration or the competent courts of the jurisdiction where Pixelable is headquartered.

12. Miscellaneous

• 12.1 Entire Agreement

  These Terms, together with referenced policies and agreements, constitute the entire agreement between the parties.

• 12.2 No Waiver

  Failure by Pixelable to enforce any right or provision shall not constitute a waiver of such right.

• 12.3 Severability

  If any provision of this Agreement is held invalid, the remaining provisions shall remain enforceable.

• 12.4 Assignment

  The Client may not assign or transfer this Agreement without Pixelable’s prior written consent. Pixelable may assign this Agreement to an affiliate or successor entity.

13. Contact Information

For questions, notices, or legal correspondence, please contact: Email: legal@pixelable.com