Terms of Service
Last Update: October 17, 2023
THIS TERMS OF SERVICE AGREEMENT (the "Agreement") constitutes a legally binding agreement between Pikzels Ltd liab Co, a limited liability company organized under the laws of Switzerland ("Pikzels"), the talented creators ("Talent") working on the Pikzels platform, and our clients, whether personally or on behalf of an entity ("Client"), regarding access and use of https://pikzels.com/ (the "Website") and any other media form, channel, mobile website, or mobile application related, linked, or otherwise connected to it. Failure to agree and adhere to all the terms, conditions, and obligations contained herein will result in the immediate prohibition of the Client's use of the Website, and the Client is required to discontinue use immediately. Thereafter, the relationship between the Client and Pikzels shall cease, except that any obligation of the Client to pay Pikzels for services rendered shall remain and continue as an ongoing obligation owed by the Client to Pikzels.
1. Intellectual Property Rights
Unless otherwise indicated, the Website is the property of Pikzels and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics of any nature and regardless of format (collectively or individually, the "Content"), and the trademarks, service marks, and logos contained therein (the "Marks") are owned and controlled by Pikzels. They are protected by copyright and trademark laws and any other applicable intellectual property law or regulation. The Content and Marks are provided "As-Is" for your information and personal use only. Except as expressly provided herein, no part of the Website and no Content may be copied, reproduced, aggregated, republished, uploaded, posted, displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without Pikzels' express prior written permission. Pikzels reserves all rights to the Website, Content, and Marks.
2. Ownership of Materials
All design and original source files created on the Client's behalf ("Projects") belong to the Client, and the Client shall be the sole owner of the copyright for all Projects. In the event that any operation of law would cause Talent and/or Pikzels to become the owner of a Project, in whole or in part, rather than the Client, Talent and/or Pikzels irrevocably and perpetually assigns its entire interest in the Project to the Client, without limitation. Client warrants that any materials provided to Talent and/or Pikzels during the design process are owned by the Client and do not infringe on or misappropriate any third party's rights, including intellectual property rights and any right of publicity. Pikzels reserves the right to share the Client's design work publicly unless agreed upon otherwise as stated in section 18 of this document.
3. Third-Party Assets Responsibility
In the event that any Project incorporates third-party assets, such as fonts or other materials not owned by Talent and/or Pikzels and necessitating a commercial license for the legal reproduction, distribution, or public display of the Project ("Third-Party Assets"), it is the sole responsibility of the Client to ensure compliance. The Client is required to procure the necessary licenses directly from the rights-holders. The Client assumes full responsibility for any ensuing consequences. Pikzels denies any responsibility related to the use of Third-Party Assets.
4. User Representations
By using the Website, Client represents and warrants that:
The Client has the legal capacity and agrees to comply with these Terms of Service.
The Client is not a minor in the jurisdiction of their domicile.
The Client will not access the Website through automated or non-human means.
The Client will not use the Website for any illegal or unauthorized purpose.
The Client's use of the Website will not violate any applicable law or regulation.
5. Prohibited Activities
The Client shall not access or use the Website for any purpose other than its intended use. The Website may not be used for commercial endeavors unrelated to the services provided by Pikzels. The Client agrees to refrain from prohibited activities, including but not limited to:
Unauthorized use of the Website.
Data retrieval for the purpose of creating a database or directory.
Interference with security-related features.
Unauthorized framing or linking of the Website.
Deceptive or fraudulent actions.
Disruption of the Website or Pikzels' networks.
Competing with Pikzels.
Decompiling or reverse-engineering the Website's software.
Bypassing measures to restrict access to the Website.
Harassment or threats against Pikzels' employees or agents.
Removal of copyright notices.
Uploading or transmitting viruses or malicious material.
Acting inconsistently with applicable laws and regulations.
6. Talent Feedback
Any questions, comments, suggestions, or other feedback or submission ("Submission") shall be Pikzels’ property. Pikzels is not obligated to keep Submissions confidential and may use and disseminate them for any lawful purpose without Client's permission or compensation. Client waives all claims against Pikzels for using Submissions.
7. Management and Oversight
Pikzels reserves the right to monitor the Website for violations of these Terms of Service and take appropriate legal action in response. Pikzels may restrict or deny access to the Website at its sole discretion. All decisions regarding the Website's management are at Pikzels' sole discretion and aim to protect its rights and property.
9. Returns and Refunds
Pikzels maintains a stringent no-refund policy to ensure the preservation of high-quality standards on our platform and to safeguard the compensation of Talent. As such, refunds will not be issued under any circumstances.
Pikzels reserves the right to change, alter, modify, amend, or remove content on the Website at its sole discretion. Pikzels may modify or discontinue the Website without notice and without liability to the Client.
11. Connection Interruptions
Pikzels does not guarantee or warrant the Website will be available and accessible at all times. Issues with hardware, software, or other items may result in interruption, delays, or errors beyond Talent and/or Pikzels' control. Client agrees that Pikzels shall not be liable for any loss, damage, or inconvenience caused by Client’s inability to access or use the Website during any interruption in the connection or service.
12. Governing Law
These Terms of Service shall be governed by and construed in accordance with the laws of Switzerland without regard to conflict of law principles.
13. Legal Jurisdiction
Any legal action, regardless of its nature, shall be brought in the state courts of Switzerland or in the appropriate jurisdiction under Swiss law. Both parties consent to personal jurisdiction in said courts and waive all defenses of lack of personal jurisdiction and forum non conveniens.Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act are excluded from these Terms of Service.
The Website is provided on an as-is, as-available basis. Client agrees that its use of the Website and Services are at Client’s sole risk. Pikzels disclaims all warranties, express or implied, in connection with the Website and Client’s use thereof, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Pikzels makes no warranties or representations about the accuracy or completeness of the Website or any content thereon or content of any websites linked to the Website, and Pikzels assumes no liability for any errors, mistakes, or inaccuracies of content and materials, personal injury or property damage, of any nature whatsoever, any unauthorized access to or use of Pikzels’ secure servers and/or any personal information and/or financial information stored therein, any interruption or cessation of transmission to or from the site, any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Website by any third party, and/or any errors or omissions in content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available through the Website. Pikzels does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party either through the Website, a hyperlinked website, or any website or mobile application featured in any advertising.
15. Limitations of Liability and Indemnification
Pikzels and its directors, employees, members, independent contractors, or agents shall not be liable to Client or any third party for any direct, indirect, consequential, incidental, special, or punitive damages, including lost profit, lost revenue, lost data, attorneys’ fees, court costs, fines, forfeitures, or other damages or losses arising from Client’s use of the Website. Client agrees to defend, indemnify and hold harmless Pikzels and its Talent, subsidiaries, affiliates, and all respective officers, members, agents, partners, employees, and independent contractors from and against any loss, damage, liability, claim, or demand including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Website; (2) breach of these Terms of Service; (3) any breach of Client’s representations and warranties set forth herein; (4) Client’s violation of the rights of any third party, including but not limited to intellectual property rights. Notwithstanding the foregoing, Pikzels reserves the right, at Client’s expense, to assume control and defense of any matter for which Client shall be required to indemnify Pikzels hereunder. Client agrees to cooperate with the defense of such claims.
16. User Data
Client is solely responsible for all data transmitted to or that relates to any activity Client has undertaken using the Website. Pikzels shall have no liability to Client for any loss or corruption of any such data, and Client hereby waives any right of action against Pikzels for any such loss or corruption.
17. Electronic Communications, Transactions, and Signatures
Client hereby consents to receive electronic communications from Pikzels and Client agrees that all agreements, notices, disclosures, and other communications sent via email or through the Website satisfy any legal requirement that such communication be in writing. Client hereby agrees to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by Pikzels or through the Website. Client hereby waives any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that require an original signature or delivery or retention of non-electronic records or to payments or the granting of credits by any means other than electronic.
18. Showcasing Design Work
Pikzels reserves the right to share design work on digital channels including social media, website, etc. unless otherwise agreed upon. The Client reserves the right to issue an NDA between themselves and Pikzels, which in turn would void the right of Talent and/or Pikzels to share or discuss Client's work publicly.
Referral tracking and payouts are handled through our third-party partner, Trackdesk.com.
21. Contact Information
For any questions or complaints regarding Pikzels, please contact Pikzels at: email@example.com or via WhatsApp.