THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION, A CLASS ACTION WAIVER, AND A JURY TRIAL WAIVER.
BY USING THE PLATFORM, YOU AGREE TO RESOLVE ALL DISPUTES THROUGH BINDING ARBITRATION ON AN INDIVIDUAL BASIS, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR JURY TRIAL. SEE THE "MANDATORY ARBITRATION" AND "CLASS ACTION AND JURY WAIVER" SECTIONS BELOW FOR DETAILS.
Welcome to www.pixifi.com by Pixifi, a Florida limited liability company ("Provider," "We," "Us"). By using www.pixifi.com (including all sub-domains and Internet properties), or any other websites, mobile applications, services, software, tools, features, content, or other functionality made available by Provider—including any free access features, beta offerings, or trial services (the foregoing, the "Platform", which term refers to the foregoing either individually, collectively, or in any combination or part), you agree to be bound by these Terms and Conditions (the "Terms" or the "Agreement").
This Agreement constitutes a legally binding agreement between you and Provider. They govern your access to and use of the Platform, and any information, content, media, graphics, videos, sounds, images, files, or other material uploaded, downloaded or distributed through the Platform (collectively, "Content").
If you are using Provider on behalf of a company or other organization or legal entity, you represent and warrant that you are authorized to accept this Agreement on behalf of such organization or entity and you hereby accept this Agreement on behalf of such entity.
If you do not or are unable to agree to this Agreement, do not use the Platform.
Please note that our Privacy Notice at www.pixifi.com/privacy explains how we collect, use, and protect your personal information when you use the Platform. The Privacy Notice is provided for informational purposes only and does not form part of this Agreement.
For purposes of this Agreement, "user" (or collectively "users") refers to any party who accesses, views or otherwise obtains or requests information using the Platform, including third parties who post information or other content on the Platform.
We may modify this Agreement from time to time. When we do, we will provide notice to you by publishing the most current version and revising the date at the top of this page. If we make any material change to this Agreement, we will provide additional notice to you by sending you an email. By continuing to use the Platform after any changes come into effect, you agree to the revised Agreement.
We strive to maintain high availability and performance of the Platform, but we do not guarantee uninterrupted or error-free operation. From time to time, the Platform (or certain features, functionalities, or components thereof) may be temporarily unavailable due to scheduled maintenance, unexpected outages, software bugs, third-party service failures, or other reasons outside of our control.
We are constantly improving and evolving the Platform, which may include adding, modifying, or removing features, tools, content, or functionality. We reserve the right to do so at any time, with or without notice, and without liability to you.
You acknowledge and agree that:
Your continued use of the Platform following any modification constitutes your acceptance of those changes.
You may choose to use certain free access features or services and beta releases at your sole discretion. Further to the above, Provider makes no guarantees or promises with respect to the continued availability of any such access or that future versions of a free access features or services and beta releases will be released or will be available under the same commercial or other terms. Provider may discontinue free access features or services and beta releases at any time, in our sole discretion, and decide not to make them generally available. Notwithstanding anything to the contrary herein, Provider may terminate your right to use any free access features or services and beta releases at any time and with reasonable notice for any reason or no reason in Provider's sole discretion, without liability.
You agree to use the Platform only for lawful purposes and in accordance with this Agreement. You may not use, or attempt to use, the Platform:
In addition, in connection with your use of the Platform, you agree that you will not:
Provider reserves the right to take any lawful actions it deems appropriate in response to actual or suspected violations of this section, including but not limited to account suspension or termination. We may cooperate with law enforcement and third parties to investigate and prosecute violations. Provider may restrict, suspend, or terminate your access at any time without notice for conduct that violates this Agreement or is otherwise deemed harmful to the Platform or other users.
Provider reserves the right to disclose any information we deem necessary to comply with applicable law, legal process, or governmental requests, or to edit, refuse to post, or remove any information or content, in whole or in part, at our sole discretion.
You agree to indemnify and reimburse Provider for any loss, liability, cost, or expense (including legal and professional fees) incurred in connection with your violation of this section or misuse of the Platform.
By accessing or using the Platform, you represent, warrant, and covenant to Provider that:
In addition, you further represent and warrant that:
All content on the Platform, including trademarks, logos, text, graphics, photos, software, and other materials, are owned or licensed by Provider or its applicable third-party providers of such content and are protected by intellectual property laws. You may not copy, reproduce, modify, distribute, display, or reverse engineer any portion of the Platform, except as expressly permitted by law or this Agreement.
Users retain ownership of their uploaded content but grant Provider a non-exclusive, perpetual, worldwide, sub-licensable, transferable, and fully paid right and license to use, host, store, reproduce, modify, publish, and create derivative works of such content in connection with the our operation of Platform.
If you choose to submit comments, suggestions, ideas, improvements, or other feedback regarding the Platform ("Feedback"), you acknowledge and agree that such Feedback is provided voluntarily and without any expectation of compensation or confidentiality.
You hereby grant to Provider a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully sublicensable and transferable license to use, reproduce, display, perform, adapt, modify, distribute, and otherwise exploit such Feedback for any purpose, including developing, marketing, and improving the Platform or other Provider products and services.
Provider shall own all rights, title, and interest in and to any improvements or modifications to the Platform arising from or related to such Feedback, and you waive any moral rights you may have in such Feedback to the maximum extent permitted by law.
Provider reserves the right to utilize data and information you provide through the Platform in aggregate to analyze service trends, monitor service efficiencies, and perform such other analysis as we deem appropriate. Such data and information may include without limitation, reviews, surveys, messages, chats, usage patterns, and other interactions by you with the Platform as well as content uploaded by you (collectively, "Client Data"). You agree that Provider may (a) obtain and aggregate technical and other data through your use of the Platform, including Client Data, that is non-personally identifiable ("Aggregated Anonymous Data"), and (b) use the Aggregated Anonymous Data to analyze, improve, support and operate the Platform during and after the term of this Agreement, including, without limitation, to develop insights, analyses, or informational content for internal or external purposes. For the avoidance of doubt, Provider does not have the right to identify you in any Aggregated Anonymous Data.
You acknowledge and agree that the Platform is not intended to function as a data archiving or long-term storage service. Provider may, during the course of your use of the Platform, delete Client Data that is no longer actively in use or reasonably necessary to operate the Platform.
Upon the termination or expiration of your account or access rights, Provider may permanently delete all Client Data in its possession without notice. It is your sole responsibility to export or back up any content that was uploaded by you that you wish to retain prior to termination.
Except as otherwise expressly required under applicable law, Provider disclaims all obligations with respect to the storage, retention, or export of Client Data.
You understand and agree that Provider may monitor and analyze data associated with your use of the Platform including, without limitation, reviews, surveys, messages, chats, usage patterns, and other interactions with the Platform for the purposes of:
This may involve the use of technologies such as cookies, pixels, session replay services, transcription services, or other tracking and analytics tools designed to record or assess usage behavior.
You also understand that third-party platforms or service providers that you choose to use in conjunction with the Platform may monitor or analyze certain data in accordance with their own terms of use and privacy policies. Provider is not responsible for the privacy or data practices of such third-party providers.
Provider is not a party to any arrangements made through the Platform. Provider does not conduct or require background checks on users and does not attempt to verify the truth or accuracy of statements made by users. Provider makes no representations or warranties concerning the conduct or content of any users or their interactions with you.
Provider does not directly control the content of other users. When Provider becomes aware of inappropriate content on the Platform, Provider reserves the right to investigate and take appropriate action, but does not have any obligation to monitor, nor will Provider be responsible for, the content of other users.
The Platform may contain links to third party sites, and is integrated with various third-party services, applications and sites that may make available to you their content and products according to your account settings and subject to confidentiality obligations. Provider does not control these third parties and is not responsible for those sites or services or their content or products. These third parties may have their own terms and policies, and your use of them will be governed by those terms and policies.
Provider reserves the right to:
These rights are in addition to any other rights or remedies Provider may have under this Agreement or applicable law.
The music options that may be offered for gallery slideshows (the "Music Library") are licensed only for web streaming within the Provider platform. You may not download, modify, republish, or use these tracks outside of their intended in-platform purpose.
Provider is based in the United States and currently provides the Platform for use only by persons located in the United States. Provider makes no claims that the Platform or any of its content is accessible or appropriate outside of the United States. Access to the Platform may not be legal by certain persons or in certain countries. If you access the Platform from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
You must provide accurate and complete information when registering. You are solely responsible for your account security, including safeguarding your password. Notify us immediately at support[at]pixifi.com of any unauthorized use.
You may not:
We may suspend or terminate your access at any time, in our sole discretion.
Provider may provide an online marketplace for third-party sellers. We do not manufacture, inspect, or warrant any items sold through this marketplace. Any claims related to such items must be brought directly against the seller. Provider disclaims all liability arising from third-party content, services, and products.
Third-party sellers are solely responsible for calculating, collecting, and remitting applicable taxes related to their sales through our Platform. Provider is not responsible for any such obligations.
Some parts of the Platform are free, while others are subject to recurring or one-time fees. All fees are charged in U.S. dollars and exclude applicable taxes.
By subscribing, you authorize us to charge your payment method at the beginning of each subscription period. You may cancel auto-renewal at any time before the next billing cycle.
Provider may offer free trials. If not canceled, paid plans begin automatically at the end of the trial. We are not obligated to issue refunds, except as otherwise expressly provided herein.
If you enroll in a subscription plan, your subscription will renew automatically at the end of each billing period unless canceled. You may cancel at any time through your account settings or by contacting us. Access will continue through your current billing period.
You may cancel your subscription at any time by logging into your account and choosing the Cancel option from your profile. You will maintain access to your account through your current subscription period. You are responsible for all fees incurred up to and including the date of cancellation. Refund requests will be considered for annual subscribers only, and only within 7 days of the subscriber's subscription/renewal date. If the request comes within 7 days of the subscription/renewal date, a partial refund will be provided. The refund amount will be the annual fee less a $25 processing fee, and less the monthly charge for the plan the user is subscribed to. Access to the account will be immediately revoked in these instances. In no event will cancellation constitute a refund of fees already paid for any and all other products, services and tools that we offer which you subscribe to. This includes all monthly subscriptions.
The Platform may include features that allow you to send emails or messages to contacts who subscribe to your profile or services. This functionality is offered solely as a communication tool, and you are solely responsible for all content sent using your account.
You are solely responsible for ensuring that your use of the email marketing feature complies with all applicable laws and regulations. Your use of our email marketing tool is subject to this Agreement, and you acknowledge and agree that:
Provider reserves the right, but has no obligation, to monitor usage of its messaging tools and may suspend or revoke your access to such tools at any time if it determines, in its sole discretion, that your use violates this Agreement or applicable law.
We may send you administrative messages via email or other means. By using the Platform, you consent to receive such communications.
These communications may be delivered by email, in-app notifications, SMS, or other available channels, as applicable, and may relate to your account, transactions, system updates, security alerts, and other operational or administrative matters
Certain such communications are considered part of the Platform and are necessary for the ongoing operation of your account. You may not opt out of receiving essential communications related to:
From time to time, we may also send you marketing or promotional communications. You may opt out of receiving these promotional communications at any time by following the unsubscribe instructions included in the message or updating your communication preferences through your account settings.
Provider is not a backup service. You are solely responsible for preserving your data. We disclaim all liability for loss of content or files stored or transferred using our platform.
Provider respects the intellectual property rights of others and expects users of the Platform to do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), we have adopted the following policy concerning claims of copyright infringement.
If you believe that content hosted on or made available through the Platform infringes your copyright, you may submit a written notification pursuant to the DMCA to our designated copyright agent, including the following required information:
You may submit your DMCA notice to our Designated Agent:
Reed Smith, LLP
c/o Office Coordinator
999 Peachtree St NE, Suite 2500
Atlanta, GA 30309
United States
rsDMCAagent@reedsmith.com
Subject Line: "DMCA Takedown Notice"
If you believe that your content was removed or access was disabled in error or misidentification, you may file a counter-notification with our designated agent. Your counter-notification must include:
If we receive a valid counter-notification, we may restore the removed material unless the original complaining party files a court action seeking a restraining order within ten (10) business days.
In accordance with the DMCA and other applicable law, Provider may terminate, in its sole discretion, access to the Platform for users who are deemed to be repeat infringers.
YOU AND PROVIDER AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE PLATFORM, OR THE RELATIONSHIP BETWEEN YOU AND PROVIDER (INCLUDING ANY CLAIM BASED ON CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY) SHALL BE RESOLVED EXCLUSIVELY BY FINAL AND BINDING ARBITRATION, EXCEPT WHERE OTHERWISE PROHIBITED BY APPLICABLE LAW.
This agreement to arbitrate applies to all claims, whether arising before or after your acceptance of this Agreement and shall survive the termination of your relationship with Provider. You and Provider agree that the arbitration will be administered by JAMS under its Streamlined Arbitration Rules and Procedures then in effect (the "JAMS Rules"), which are available online at https://www.jamsadr.com/rules-streamlined-arbitration/.
The arbitration shall be conducted by a single arbitrator selected in accordance with the JAMS Rules. Unless otherwise agreed, the arbitration shall be conducted in Atlanta, Georgia, or in another location mutually agreed upon by the parties or determined by the arbitrator.
Arbitration proceedings shall be conducted in English and kept confidential by all participants. The arbitrator shall have the authority to grant any remedy that would be available in court, including injunctive or declaratory relief, to the extent required to satisfy applicable law.
The arbitrator's decision will be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.
Any claim subject to arbitration must be filed within one year after the date the party asserting the claim first knows or should know of the act, omission or default giving rise to the claim, or the shortest time period permitted by applicable law.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT:
If a court or arbitrator determines that any part of this class action waiver is unenforceable as to a particular claim, then that claim shall proceed in court, not arbitration.
Opt-Out Procedure: You may elect to opt out of this arbitration agreement by sending written notice to Provider at support[at]pixifi.com with the subject line "Arbitration Opt-Out" within thirty (30) days of your initial acceptance of this Agreement. Your opt-out notice must include your full name, email address, and a clear statement that you wish to opt out of arbitration.
Opting out of this arbitration provision does not affect any other part of this Agreement.
THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PROVIDER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE.
PROVIDER DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RISK FOR YOUR USE OF THE PLATFORM AND YOUR RELIANCE ON ANY CONTENT OR INFORMATION OBTAINED THROUGH THE PLATFORM.
NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY PROVIDER OR ITS REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PROVIDER (ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS) SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE PLATFORM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL PROVIDER'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE PLATFORM EXCEED THE GREATER OF (A) ONE HUNDRED DOLLARS ($100) OR (B) THE AMOUNT ACTUALLY PAID BY YOU TO PROVIDER FOR ACCESS TO THE PLATFORM DURING THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM.
THIS LIMITATION APPLIES REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND WILL SURVIVE FAILURE OF ANY EXCLUSIVE REMEDY PROVIDED IN THIS AGREEMENT.
You agree to defend, indemnify, and hold harmless Provider, its affiliates, and their respective officers, directors, employees, agents, licensors, successors, and assigns from and against any and all claims, actions, demands, liabilities, damages, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to:
Provider reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate fully in the defense of such matter.
You may not settle any such indemnified claim without our prior written consent.
Provider may, in its sole discretion and without notice, suspend or terminate your access to the Platform at any time for any reason, including but not limited to:
Either party may also terminate this Agreement for cause:
Upon termination, all rights granted to you under this Agreement will immediately cease, and you must immediately cease all use of the Platform. Termination will not limit any of Provider's other rights or remedies at law or in equity.
This Agreement constitutes the entire agreement between you and Provider concerning your access to and use of the Platform and supersede any prior or contemporaneous agreements, communications, or understandings, whether oral or written, between you and Provider with respect to the subject matter hereof. No modification, amendment, or waiver of any provision of this Agreement shall be effective unless in writing and signed by the party against whom the modification, amendment, or waiver is to be enforced.
No agency, partnership, joint venture, employment, or franchisor-franchisee relationship is intended or created by this Agreement. You acknowledge that you are not an agent or representative of Provider and have no authority to bind or enter into agreements on behalf of Provider.
This Agreement is governed by the laws of the State of Florida, without regard to conflict of law principles.
If the arbitration agreement set forth above is found not to apply to you or your claim, or if you validly opt out of arbitration, you agree that any judicial proceedings (other than actions brought in small claims court) must be brought exclusively in the state or federal courts located in Orange County, Florida, and you hereby consent to the personal jurisdiction and venue of those courts.
To the extent permitted by applicable law, any claim or cause of action not subject to arbitration must be commenced within one (1) year after the date the claiming party first knew or reasonably should have known of the facts giving rise to the claim. Claims not filed within that period are permanently barred.
You may not assign or transfer any of your rights or obligations under this Agreement without Provider's prior written consent, which shall not be unreasonably withheld. Notwithstanding the foregoing, either party may assign this Agreement in their entirety, without consent, to an affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of substantially all assets, provided that the assignee is not a direct competitor of the other party. Subject to the foregoing, this Agreement shall bind and inure to the benefit of the parties and their respective permitted successors and assigns.
The failure of either party to enforce any provision of this Agreement shall not constitute a present or future waiver of such provision nor limit the party's right to enforce such provision at a later time. All waivers must be in writing to be enforceable.
If any provision of this Agreement is found to be unenforceable or invalid by a court of competent jurisdiction, the parties agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and that the remainder of the Terms shall remain in full force and effect.
Except as otherwise provided in this Agreement or as required by law, all notices to Provider shall be delivered by electronic mail and certified mail to:
Pixifi
support[at]pixifi.com
Notices to you may be provided via email to the address associated with your account, or through notifications made available through your account or the Platform.
Any provision of this Agreement that, by its nature, should survive termination shall survive, including but not limited to:
These provisions survive to the extent necessary to fulfill their intended purpose and to protect the rights and obligations of the parties after termination.
If you have any questions about this Agreement or the Platform, contact us at:
support[at]pixifi.com
Copyright © 2025 Pixifi. All Rights Reserved.