Terms of use

TERMS AND CONDITIONS OF THE SERVICES AND WEBSITE

While visiting this website, as well, as ordering products through it, you are accepting the conditions shown below. Please, read them carefully.

PIXLI DESIGN, LDA is a private company responsible for providing services, located in Funchal, Madeira (Portugal), and registered at the Commercial Registry Office under the unique of Registration and Identification of Legal Entities, with the capital share of 5.000,00 Euros, which is acting directly through the website “ https://pixli.app/".

This document establishes an agreement between the client, as a service subscriber and PIXLI DESIGN, LDA, as a service provider. The services provided by A PIXLI DESIGN, LDA are protected by these Terms and Conditions and by the User's Policy. These are available for a single person to a company.

1. Introduction

PIXLI DESIGN, LDA provides https://pixli.app/ and other websites from this domain - "Sites". This is our own SaaS product which is a design software for web, related tools, and services (together with Sites) and it's subject to its compliance with all terms, conditions, and notices contained or mentioned herein ("Terms and conditions of the website"). By using the websites and the services, the client agrees anyway to respect and act accordingly the Terms of Service and any other terms, conditions and legal rules published in this website. If you have any doubts in regards to this Contract or about PIXLI DESIGN, LDA, please get in touch with us by e-mail to contact@pixli.app

2. Acknowledge and agreement of the Terms

By registering on our website and by using our Services, you agree and accept being linked to this Terms. If you don't agree with the Terms, don't use the Services.

In case you access the Services while being a company or another legal entity, you declare and guarantee that you have authority to bound the company or the legal entity to the Terms present in this document. We can change the Service Terms and our prices once in a while. In case we do that, we will publish a note on our website and we will send an e-mail to the user.

If you integrate any of our services in a third-party service, please double-check the Service Terms, since it can be necessary to agree with additional terms.

3. Eligibility

The subscriber is at least 18 years and uses PIXLI DESIGN, LDA. If you are using PIXLI DESIGN, LDA in the name of a company, check that you are authorized to agree with the service terms of the company.

4. Account Data

To use our services, the subscriber will need to register and create an account (and it includes complete name, password, and e-mail). Pick an adequate plan for you or your company.

For certain plans, the subscriber will need to provide payment instructions. And to connect with a third-party service to do so. In this case, the subscriber will permit to access and use the personal information and also to store the login credentials when signing up.

Keep your password safely and inform us, immediately, in case you detect unusual behavior in your account. Use the setting to make updates or changes in your account and contact us. We recommend that the chosen password is strong. We aren't responsible for any damage related to the theft of any subscriber's password or for its disclosure. The subscriber must notify us immediately upon any unauthorized access to your account or any other break in the confidentiality. The subscriber is the only responsible for any damage caused in the account or username. The subscriber cannot use the account or password to breach the security or other account. The subscriber gives us authority to send occasional e-mails with updates or in regards to the account.

5. Available information in our website

Unless given different directions, the published information on our website takes part of the protected data of copyright. The third-party information which has been accessed through our website is subject to the copyright, through a third party system.

6. User’s Content and Copyright

For the purposes of these Terms: (i) "Content" means text, charts, design templates, images, songs, software, audio, video, copyrighted works of any kind and information or other materials that are published, generated, whether or not provided, made available through the Services (including, but not limited, the Tools); and (ii) "User’s Content" means any Content that the users provide to make it available through Services, include, but not limiting, any Design and Project Content by one of the Users (besides the Tools and any other Content which we provide to the User), as well as, the changed which any User makes to the Draws of certain User, such as fonts ("Fonts"). The content includes, without limitation, User’s Content.

6.1 Ownership and Responsibility of User Content

Between the User and PIXLI DESIGN, LDA, the User is the owner of the User's Content - PIXLI DESIGN, LDA doesn't claim the ownership or rights in User's Content made available through our Services. The user agrees that PIXLI DESIGN, LDA and its licensors exclusively own all rights, titles, and interests in the Services and Content, including all associated intellectual property rights. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated into or accompanying the Services or Content.

You are solely responsible for all of your User Content and represent and warrant that all of your User Content has all rights necessary to grant us the license rights for User Content under these Terms. User further represents and warrants that neither User Content, nor the use and provision of User Content, nor any use of User Content by PIXLI DESIGN, LDA or any other user of the Services or through the Services will infringe, misuse, or otherwise violate ownership, third party intellectual property, rights or rights of publicity or privacy or to practice any violation of applicable law or regulation.

6.2 Rights granted by you to User Content

By making any User Content available through our Services, the User grants PIXLI DESIGN, LDA a limited, non-exclusive, worldwide, royalty-free license to view, use, copy, modify, publicly display, perform and publicly distribute User’s Content to the extent. reasonably necessary to operate and provide the Services to the User. By uploading any fonts to PIXLI DESIGN, LDA, the Site or as part of your use of the Services, you represent that you have copyright to the fonts, or that the font owner has granted you a license to distribute copies of the fonts and gives permission for others to use these same sources;

Following the above, the User or his organization may be required to purchase an "extended rights" license or other redistribution license from the source owner for a specific source. Before uploading this font to PIXLI DESIGN, LDA, the Site or Services, and/or macOS fonts, check the restrictions indicated in the Font Book/View/Show Font Info panel; and (c) you acknowledge that you are solely responsible for determining whether you own or have licensed the rights to the Fonts to upload, redistribute and use those Fonts by others who use the Services. The User is solely responsible for the misuse or unauthorized use of these Fonts by the owner of the Fonts for copyright infringement.

PIXLI DESIGN, LDA offers you the ability to post or upload content to our Service. If you do so, you will be the owner of your content, but we will license you for any upload to the Service. Any content submitted is proprietary and may be used or distributed in any form and at no cost.

By submitting any content, the User agrees that its disclosure is free, unrestricted and not subject to any compensatory or other obligation and that we are free to use the content without any further compensation to the User. Content is disclosed in a non-confidential manner to anyone. Microsoft system font terms of service generally prohibit any upload or redistribution of MS system fonts, but please note that some may be subject to "extended rights" licenses from Monotype. The required "internal use server license" from Monotype requires payment. Check out

https://docs.microsoft.com/en-us/typography/fonts/font-faq,
http://catalog.monotype.com/licensing-options.

You accept and agree that sharing the User Content (whether your designs or your modifications and enhancements to another user's designs) through our Services is at your own risk. PIXLI DESIGN, LDA is not responsible for any ownership or licensing agreements between User and other Team Members regarding User Content that is shared within a Project Team, or between User and anyone else who has access to its Projects, and/or other User Content by Publicly Posting your designs and/or User Content.

When sharing your designs and user content with other team members or through public publications, it is your responsibility to specify the rights that your team members or the general public, as applicable, and the access and use of their designs and User Content. Any disputes regarding ownership or licensing of a Project or modifications shared between a Project Team are settled between the User and the Team Members. Any disputes concerning the ownership or licensing of a Design or modifications shared through Public Publication are between the User and the parties who have access to such Design or modifications through Public Publication. PIXLI DESIGN, LDA is not responsible for resolving any intellectual property or property disputes between Team Members or between User and anyone else who has access to their Projects and/or other User Content through User Publication. The User must be wise when deciding whether or not to join a project team or publicly share any of their designs and/or other user content.

The User understands and agrees that https://pixli.app/ is a public platform and that other users may browse, view, use and/or post any User Content that you make publicly available.

6.3 Rights in content granted by PIXLI DESIGN, LDA

If you are not a Registered User, you are subject to compliance with these Terms by granting PIXLI DESIGN, LDA a limited, non-exclusive, non-transferable license to which you are permitted access only for personal, non-commercial purposes.

Besides, you grant your team members (and hereby authorizes PIXLI DESIGN, LDA to give information to new team members) the right to copy, distribute, modify and create derivative works from your project and the Content project, as permitted by functionality of the Services.

6.4 Data Maintenance and Backup Procedures

If any data associated with our Services is lost or corrupted, PIXLI DESIGN, LDA will make every effort to restore lost or corrupted data from the last backup of such data held by PIXLI DESIGN, LDA. Except as otherwise noted, PIXLI DESIGN, LDA will not be liable for any loss, destruction, alteration, unauthorized disclosure or deletion of such data.

6.5 Content Removal

You may remove certain User Content through our Services. However, some user content (including, without limitation, posts or comments made on project content associated with public projects) may not be removed, as well as copies of member content may continue to exist on services, on file, or backed up. However, we may remove or delete your User Content within a reasonable period after termination or exclusion of your Account under paragraph 9 (Cancellation of Services). We are not responsible for the removal or deletion (or failure to remove or delete) any User Content.

7. Use of services

The Services provide a browser-based tool for user interface design and editing work, through which users can collaborate on an online user interface design. In each design, the User works through the Services called "Design". If you are a user, PIXLI DESIGN, LDA provides (subject to your compliance with the Terms) access to the design tools and templates we own (collectively, the "Tools") to help you create your Design through the Services. You may create a Design yourself or base a Design using the Tools provided by PIXLI DESIGN, LDA through the Services.

Services:

7.1 The administration provides the following services to users:

a) provide a third level subdomain «pixli.app»;
b) provide server space to host the website.

7.2 The subdomain address is automatically generated by the platform. The user has the right to change the subdomain address in the Dashboard.

7.3 The administration does not guarantee the preservation of the subdomain address for the User and has the right to unilaterally remove it.

7.4 The administration makes no guarantees about server performance and security in the space that is provided to the site. You assume the risk of content loss due to site maintenance interruptions.

7.5 The administration has the right to refuse the User to provide server space to host the site if it creates a high server load and/or interferes with the stable operation of the Platform and/or creates all kinds of threats to the Platform.

Export:

7.6 You have the right to copy the program code from the Website only under the following conditions:

7.6.1 The possibility of copying is foreseen in the chosen price plan, to be presented when purchasing the desired plan.

8. Subscriptions and Payment

All paid plans must enter a valid payment account. Free accounts do not have to provide payment account information. Upgrading from the free plan to any paid plan will be charged immediately.

For monthly payment plans, the Service is charged monthly in advance and is nonrefundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds or refunds for unused months with an open account.

For annual payment plans, the Service is charged in advance for one (1) year and it is nonrefundable. The annual plan will be automatically renewed for successive periods of one (1) year, and it will be charged at the applicable rates for each annual renewal unless canceled before the end of the current annual period. There will be no refunds or credits for partial terms of service, upgrade/downgrade refunds or refunds for unused terms with an open account.

Certain charges may apply when you purchase a plan upgrade or switch from a monthly plan to an annual payment plan.

We reserve the right to change our rates and set new charges at any time (including, for clarity, any renewal), by email notification, written or paper notification or by posting on our site, at our discretion, determined by PIXLI DESIGN, LDA. The use of our Service after such notice constitutes your acceptance of any new fees.

9. Service Cancellation

The subscriber may cancel his subscription before renewing the contracted plan. If you cancel before the contracted period, you may do so, but you will NOT RECEIVE ANY PART of the paid amount not used.

The request for cancellation of services after renewal by the subscriber does not imply any obligation of reimbursement by PIXLI DESIGN, LDA, for the period of unused service.

The service cancellations must be made at least 15 days before the service due date. The subscriber must settle all outstanding payments by the active services due date if the cancellation request has not been made within the indicated period.

The cancellation of services does not preclude the subscriber's obligation to settle any defaults generated to date, as well as others that may be generated later.

At the end of the subscription period, or upon non-payment of renewal, any Project Team you have created that is subject to the purchase of a Subscription will be blocked or deactivated and you and any other Team Members will not be able to access the project or any other related projects.

10. Returns Policy

If you are not satisfied with the terms of the Services, you may terminate the Services agreement and obtain a refund for the price of the Services upon written notice to PIXLI DESIGN, LDA within 14 days of the beginning of the provision services' contract. You may not obtain a refund for a Service you have already begun to benefit from.

Depending on the payment method used, it may take up to 30 days for the refund to be processed. For cash payments, such as Bank Transfer or ATM, you will need to provide your bank details to refund your account.

11. Third-Party Content

We are not responsible for the opinions expressed by our users, content contributors and third parties; These opinions and other statements are solely yours and not PIXLI DESIGN, LDA's. Content created by users or third parties is the sole responsibility of such users or third parties.

PIXLI DESIGN, LDA is not responsible for any content that the user or any other user or third party posting submitted through our service.

We may provide links to third-party websites. We do not recommend the content of any third party website. We are not responsible for the content of linked third party websites and make no representations or warranties concerning their content or information.

12. Copyright Policy

PIXLI DESIGN, LDA respects the intellectual property of others and expects users to do the same. If any materials provided or related to the Service infringe copyright or other intellectual property rights, please send the following information to contact@pixli.app (Subject: "DMCA Removal Request"):

If a copyrighted work or other intellectual property is found to have been infringed, including the URL (Internet address) or other specific location on the Service, we request a complaint from PIXLI DESIGN, LDA and inform you of the location in order to allow PIXLI DESIGN, LDA locate the material, with an indication of that infringement and a description of where the original exists or an authorized copy of the copyrighted work - for example, the URL (Internet address) in which it was published or the name of the book where it was posted, your address, phone number, and email address.

A statement in good faith that the right being contested is not authorized by the copyright or intellectual property owner.

A statement by you, made under penalty of perjury, that the information is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner, and

Proof of registration of how you own the copyright owner or the person authorized to act on behalf of the copyright owner.

13. Privacy Policy

See our Privacy Policy ( www.pixli.app/privacy-policy.html) for information about how we collect, use and disclose information from our users.

14. Advertisement

The customer agrees that PIXLI DESIGN, LDA may identify you or your company and use your company's logo and trademarks (collectively, the "Marks") on the Website, marketing materials, and any media and grants to PIXLI DESIGN, LDA is a non-exclusive, royalty-free license to promote or advertise PIXLI DESIGN, LDA or the Services. If you do not allow the use of your brand or logo, please email contact@pixli.app.

15. Changes, Notification Procedures, and Changes to Terms of Service

We reserve the sole right to modify, update or change the Terms of Service ("Updated Terms") from time to time. We ask that you check our page regularly. When we change the date of the Terms of Service the "last modified" will appear at the top of the page. Continued use of our Services after any change constitutes acceptance of the new Terms of Service. If you do not agree to any of the Terms, do not use or access the Service. PIXLI DESIGN, LDA is not responsible for any automatic filtering that you or your network server may apply to email notifications we send to the email address you provide to us.

Unless we make changes for legal or administrative reasons, we will provide advance notice, via email, or through a post on our site, of the Updated Terms that will become effective as determined solely by PIXLI DESIGN, LDA. PIXLI DESIGN, LDA reserves the right to determine how to send notifications to its users. You agree that we may notify you of the Updated Terms. Customer must review the Terms of Service and any Updated Terms before using our platform. The Updated Terms will be effective upon posting or at a later date as specified in the Updated Terms.

This agreement and any rights and licenses granted herein may not be transferred or granted by the User, but may be granted by PIXLI DESIGN, LDA without restriction. Any attempt to transfer or assign position constitutes a violation thereof and will be null and void.

16. Code of Conduct

The subscriber may not post defamatory, scandalous, or private information about a person without their consent, intentionally inflicting emotional distress, or violating trademark rights, copyrights, or other intellectual property rights.

No abuse of PIXLI DESIGN, LDA employees will be tolerated. You are expected to ask for support and professionally respond to our employees. When contacting PIXLI DESIGN, LDA by email, please refrain from using CAPS LOCK, exclamation marks or any other form of abusive writing. Any harassment, persecution, offense/slander, slander, defamation, abuse of name or image, abuse of trust, slang or any other abusive and inappropriate behavior that is harmful to PIXLI DESIGN, LDA and its contributors is considered a violation of our Terms of service.

Any verbal, oral or written threat directed to PIXLI DESIGN, LDA or any of its contributors, partners or equipment will be violated by our Terms of Service.

17. Alternative Dispute Resolution

In case of consumer dispute, as defined in the Law nº 144/2015 on the 8th of September according to the article 18º from the same Law, PIXLI DESIGN, LDA informs that consumers will be able to fall back on the Alternative Dispute Settlement Organization - "Entidade de Resolução Alternativa de Litígios de Consumo" (RAL). It will be possible to find a list of those "Alternative Dispute Settlement Organization" across Portugal on the consumer's website https://www.consumidor.gov.pt/parceiros/sistema-de-defesa-do-consumidor/entidades-de-resolucao-alternativa-de-litigios-de-consumo.aspx.

Besides, the customer will also have the possibility to get this information from the European Online Dispute Resolution Platform - “Plataforma Europeia de Resolução de Litígios em Linha (RLL)” on the European Union website created for this purpose https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=PT.