Thank you for using Pixtel. By using Pixtel, you agree to our Terms of Service, which is a legal agreement. If you are using Pixtel for an organization, you are agreeing on behalf of that organization. Our Terms of Service apply to your use of our Products, Websites, and Services.
When we say, “we,” “our,” or “us,” we’re referring to Vantif LLC, a California limited liability company, our employees, directors, officers, affiliates, and subsidiaries.
When we say “you” or “your,” we are referring to the person or entity that’s registered with us to use the Pixtel Services.
When we say “Terms,” we mean our Terms of Service, which includes our Privacy Policy.
When we say “Websites,” we mean our websites located at Pixtel.com including all subdomains and sites associated with those domains, and other websites that we operate now and in the future.
When we say “Services,” we mean our Software Products, Websites, applications, our content, and various third-party services that makeup Pixtel.
When we say “Pixtel,” we mean our Products, Websites, and Services collectively.
When we say “information,” we mean all of the different forms of data that you provide us and that we collect from you from your use of the Services, your software, and your devices.
To download and use Pixtel, you must (a) be at least thirteen (13) years of age; (b) complete the registration process; (c) provide current and accurate information; (d) agree to these Terms; and (e) promise to follow these rules:
If you break any of your promises above or any of the rules in these Terms, we may terminate your license subscription. Your actions may also subject you to legal consequences.
As long as you comply with our Terms of Service, we grant you a non-exclusive, non-transferable, limited privilege to use Pixtel. Your use of Pixtel is at your own risk.
You own your content. We do not represent any ownership or claim any intellectual property rights over the information that you provide or that is provided to us.
We own Pixtel. You may not copy, reproduce, alter, modify, resell, mirror, or create derivative works of Pixtel, our Services, or our content on Pixtel without our written permission.
You shall grant to us a royalty-free, worldwide, transferable, sub-licensable, irrevocable and perpetual license to incorporate into Pixtel or otherwise use any suggestions, enhancement requests, recommendations or other feedback that we receive from you or your representatives.
Pixtel makes certain software products available via Pixtel websites. Although you are free to download any software presented there, you are not allowed to reproduce or redistribute it. The license for the software is governed by the laws of the USA and the laws of your country.
You’re responsible for keeping your account name and password confidential. You’re also responsible for any account that you have access to. You agree to notify us immediately of any unauthorized use of your account(s). We’re not responsible for any losses due to stolen or hacked passwords and license subscription keys.
You will not represent that you are any other individual or entity unless such individual or entity has given you written permission to act on their behalf.
You will not redistribute or share product license keys that are provided to you after you purchase the product to any other individual or entity other than those that are entitled to use them.
The free trial offer entitles new, registered users to a thirty (30) day free trial of the Products. For all products purchased, you authorize us to charge you according to the subscription option you choose at the then current product annual license and/or subscription fee, and any other charges you may incur in connection with your use of the products, such as taxes, duties, and possible transaction fees.
Subscription: Payment in advance is required to continue using the Products on an annual or multi-year basis. The Product subscriptions are billed in advance. Unless you explicitly unselect, your subscription will renew automatically at the end of the term. If you are unsatisfied, you will be able to get a refund of the full amount within 30 days. All other refund requests must be made in writing and we reserve the right to deny such request for any reason.
We reserve the right to change product license and/or subscription fees upon thirty (30) days’ notice. Such notice may be provided at any time by posting the changes to Pixtel or by email.
You can cancel the automatic subscription renewal option at any time. You are solely responsible for the proper cancellation of the automatic renewal of your subscriptions. If you are unsatisfied with the products, you will be able to get refund full amount within 30 days excluding the processing charges. All other refund requests must be made in writing and we reserve the right to deny such request for any reason.
In the event of cancellation or termination, your account will be immediately disabled, and your account and information cannot be recovered once the account is closed. We retain the right to retain or delete data provided to us by you at our sole discretion.
We also reserve the right but do not have any obligation, to refuse products or service to anyone and close your account(s) without notice for any or no reason at all.
You agree to indemnify and hold us harmless from any and all demands, loss, liability, claims or expenses (including attorneys’ fees) made against us by any third party due to or arising out of or in connection with your use of Pixtel.
To the maximum extent permitted by law, we provide Pixtel on an “as is” and “as available” basis, which means we don’t provide warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability and fitness for a particular purpose and to any warranties that (i) Pixtel will meet your specific requirements, (ii) Pixtel will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of Pixtel will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through Pixtel will meet your expectations, and (v) any errors in Pixtel will be corrected.
To the fullest extent permitted by law, you assume full responsibility for and we disclaim liability to you for any indirect, consequential, exemplary, incidental, or punitive damages, including lost profits, even if we had been advised of the possibility of such damages.
We disclaim any and all liability for the acts, omissions, and conduct of any third parties related to your use of Pixtel and any linked sites and services. Your sole remedy against us for dissatisfaction with Pixtel is to stop using Pixtel. This limitation of relief is a part of the bargain between you and us. The preceding disclaimer applies to any damages, liability, or injuries whether for breach of contract, tort, negligence or any other cause of action.
If, notwithstanding the other provisions of the Terms, we are found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the products or any of our Services, our liability shall not exceed what you paid us for the products in the current year. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
You agree that all matters relating to your access to or use of Pixtel, including all disputes, will be governed by the laws of the United States and by the laws of the State of California without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Santa Clara County, California, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred.
No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between us and you arising out of or in connection with your use of the Products or Services, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
You agree that we are not liable for any delays or failure in performance of any part of the Products or Services, from any cause beyond our control.
If one or more sections of the Terms are held unenforceable, then those sections will be removed or edited as little as necessary, and the rest of the Terms will still be valid and enforceable.
You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.
Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
These Terms and all documents incorporated into these Terms by reference constitute the entire agreement between you and us and govern your use of Pixtel, superseding any prior agreements between you and us (including, but not limited to, any prior versions of the Terms of Service).
We reserve the right, at our sole discretion, to change, modify, add, or remove portions of the Terms, at any time. Amendments or changes to these Terms won’t be effective until we post revised Terms on the Website. Unless explicitly stated otherwise, any new features that augment or enhance Pixtel shall be subject to the Terms.
It is your responsibility to check the Terms periodically for changes. Your continued use of Pixtel following the posting of changes will mean that you accept and agree to the changes.
We reserve the right to do any of the following, at any time, without notice to you: (1) to modify, suspend or terminate operation of or access to Pixtel, or any portion of Pixtel for any reason; (2) to modify or change Pixtel, or any portion of Pixtel, and any applicable policies or terms; and (3) to interrupt the operation of Pixtel, or any portion of Pixtel, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
If you have any questions or concerns about the Terms, please email us at support@pixtel.us.