Terms of Service Agreement
Effective as of October 10, 2020.
This Terms of Service agreement (the “Terms”) constitutes a legally binding agreement by and between All Trades Digital OÜ (“All Trades Digital”, “we”, “us”, or “our”), a limited liability company organised under the law of the Republic of Estonia, under the brand name of Pixeltroops, and you (the “Client”, “you”, “them”, or “their”) whether personally or on behalf of an entity that governs your access and use of (i) any services, tasks, projects, deliverables or products provided by All Trades Digital; (ii) All Trades Digital websites or applications; and (iii) any written or electronic use or features or other documentation provided or made available by All Trades Digital under the brand name of Pixeltroops (together and individually the “Service(s)”) through the website located at www.pixeltroops.com (the “Website”). The Website may also have other subdomains and they shall constitute integral parts of the Website. For example, we have subdomains for our platform: https://app.pixeltroops.com/; blog: https://pixeltroops.com/blog/; help center: https://help.pixeltroops.com/ etc.
Failure to agree and adhere to all of the terms, conditions, and obligations contained herein results in the express prohibition of the Client’s use of the Service(s), and the Client is ordered to discontinue use immediately. Thereafter the relationship between Client and All Trades Digital shall cease and be of no further force and effect between the parties, except that any obligation of Client to pay All Trades Digital for services rendered shall remain and continue to be an ongoing obligation owed by Client to All Trades Digital.
You are confirming that all information provided to All Trades Digital when using or agreeing to use the Services, including the use of All Trades Digital’s websites (such information being the “Registration Data”), is true, accurate, current and complete information about yourself, and the Client must maintain and promptly update this information to keep it true, accurate, current and complete. The Registration Data includes, but is not limited to, your name, email, billing information and payment information.
You are confirming that you are at least 18 years old and that you agree to be bound by this Term, and you acknowledge that All Trades Digital may change any of these terms at any time. When the Term is changed, the changes will appear on this website. Your use of the Services after any changes have been posted will constitute your agreement to the modified Term. Therefore, you should read this Term from time to time.
The Subject of The Term
The subject of the Term consisting of the provision, by All Trades Digital, of the following works or services:
- Graphic designs
- Motion graphics
- Web designs
The provision of services under this Term will be performed by All Trades Digital following the guidelines set out from the needs of the Client.
All Trades Digital does not provide or guarantee for any online hosting or support service on www.pixeltroops.com, or any other third-party service, website or domain. It is your responsibility that any electronic or online delivery or Service provided by All Trades Digital, as well as any account data, registration data, access data or any other data are copied and saved to your location by yourself.
Payments, Cancellations and Refunds
The Website offers design services for individuals and companies of all kind (hereinafter the “Services“). The more detailed explanation of all features of the Services is available on the Website.
You may purchase a paid subscription by paying a subscription fee in advance on a monthly, yearly or other basis or some other recurring interval disclosed to you prior to your purchase on the Website. We may change the price of the subscription fee, at our sole discretion, with a five (5) working days notice. If you do not agree with a price change, you have the right to reject the change by unsubscribing from the subscription prior to the price change.
You will pay All Trades Digital the then applicable fees described in the invoice for the Services in accordance with the terms therein adjusted for any discounts (the “Fees”), regardless of being higher than any quotes or estimates provided to you before or during the time period the Services were provided. A change in pricing or fee structure will not apply to an agreed Service identified by a unique project number (a “Project”), for which you have or should have received a Project Confirmation email. However, All Trades Digital reserves the right to change its prices, fee structures or applicable charges and to institute new charges and fees at any time without notifying you.
Changes in prices or fee structure or other charges will apply to any Project started thereafter, regardless of you having used All Trades Digital Services prior to such changes. It is your responsibility to review the All Trades Digital pricing page or inquire All Trades Digital about the latest prices and fee structure. If you believe that All Trades Digital has billed you incorrectly, you must contact All Trades Digital no later than 7 days after receiving the Project email or invoice, in whichever the error or problem first appeared, in order to receive an adjustment or credit. Inquiries should be directed to firstname.lastname@example.org. It is your responsibility to terminate a Project if progress is not deemed satisfactory, and hours used by you on the Services platform must be paid in full, regardless of satisfaction with end product. It is your responsibility to inquire for progress reports sufficiently frequently to evaluate progress. In the event that the Services platform have performed unsatisfactory, it is your responsibility to report to All Trades Digital as soon as possible, to allow us to handle the dispute and potentially credit you.
Your Subscription will automatically renew at the end of the applicable subscription period, unless you cancel your subscription before the end of the then-current subscription period. The cancellation will take effect the day after the last day of the current subscription period. We shall not refund any subscription fees already paid to us, except cases when the refund rights apply.
By using or agreeing to use the Services, you commit to provide a valid payment method with available funds to pay for any Fees through an account on Pixeltroops.com, and to maintain a valid payment method until all Services are paid for. All Trades Digital reserves the right to not provide any Services before you have provided a valid payment method through an account on Pixeltroops.com.
All Trades Digital has integrated with Stripe, a validated Level 1 PCI DSS Compliant Service Provider, for PCI Compliant storing of credit card information and processing of payments. Stripe may make a temporary $1 charge to credit cards added to your All Trades Digital account. Any such charges are refunded after your credit card has been verified. The refund may take up to several business days depending on your bank or credit card service.
You hereby authorise All Trades Digital to run, or have run, credit card authorisations on all credit cards provided by you, to store credit card details as your method of payment for Services, and to charge your credit card (or any other form of payment authorised by All Trades Digital or mutually agreed to between you and All Trades Digital).
We may choose to bill through an invoice. In any case, full payment for invoices issued, and for amounts that have been attempted charged on your credit card or by another payment method, in any given month, must be received by All Trades Digital no later than three (3) days after the earliest of the emailing date of the invoice, and the date of the attempted charge to credit card or other payment method, unless otherwise has been agreed with All Trades Digital in writing.
We provide a 7 days refund period. You may request a full refund of all sum paid 7 days starting from the day you sign-up for any of the Services. Refunds are applicable for first subscriptions only, continued use or renew of the subscription does not entitle you to receive a refund. Beyond that 7 days refund period of your first subscription, no refunds are possible under any circumstance, including unused time. Promotions, upgrades, and adjustments to existing plans are non-refundable. You are responsible to use the service after payment.
Intellectual Property Rights
Unless otherwise indicated, the Website is the property of All Trades Digital and all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics of any nature and regardless of format (herein, collectively or individually, the “Content”) and the trademarks, service marks, and logos contained there (the “Marks”) are owned and controlled by All Trades Digital and are protected by copyright and trademark laws and any other applicable intellectual property law or regulation of the Republic of Estonia, foreign jurisdictions and international conventions. 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 whatsoever, without All Trades Digital’s prior written permission. All Trades Digital reserves all rights in the Website, Content and Marks.
A notification of alleged intellectual property rights infringement shall include as many detail as possible to allow us to identify the facts and circumstances, including, where possible:
- Specific identification of each work with intellectual property right claimed to be infringed;
- A physical or electronic signature of the owner (or person authorised to act on behalf of the owner) of the intellectual property right that is allegedly infringed;
- A description of the material believed to be infringing is on the Website or the Services (please be as detailed as possible and provide a URL to help us locate the material you are reporting);
- Contact information of the complaining party, such as a complete name, address, telephone number, and email address;
- A statement that the information in the notification is accurate, and that the complaining party is the owner of the right that is allegedly infringed, or agent for the owner; and
- A statement that the complaining party has a good faith belief that use the work(s) in the manner complained of is not authorised by the right owner, their agent, or the law.
Ownership and Storage of Materials
All design and source files created on Client’s behalf (“Project(s)”) belong to Client, and Client shall be the sole owner of the copyright for all Projects. In the event that any operation of law would cause All Trades Digital to become the owner of a Project, in whole or in part, rather than Client, All Trades Digital irrevocably and perpetually assigns its entire interest in the Project to Client, without limitation.
Client warrants that any materials provided to All Trades Digital as examples during the design process are owned by Client and do not infringe on or misappropriate any third party’s rights, including, but not limited to, all intellectual property rights and any right of publicity.
All materials generated from the Projects will be stored in our cloud-based storage for a maximum of thirty (30) days. The Client should back up these materials themselves during this storage time. All Trades Digital does not responsible for any damage or loss resulting from client negligence in saving or backing up their project files.
Third-party Fonts and Stock Assets
If any Project incorporates fonts and/or stock assets that are not owned by All Trades Digital and require a commercial license for Client to legally reproduce, distribute, or publicly display the Project (“Third-Party Font(s)”), All Trades Digital will inform Client in writing that one or more Third-Party Fonts and Stock Assets have been incorporated into the Project and that Client will need to purchase one or more licenses for the Third-Party Fonts and Stock Assets from the rights-holder(s) of said Third Party Fonts and Stock Assets to legally reproduce, distribute, or publicly display the Project. Said notice will include information sufficient for Client to identify which licenses are required and who to contact to purchase said licenses.
As long as All Trades Digital has informed Client of the incorporation of Third-Party Fonts and Stock Assets as described above, Client assumes all responsibility for any consequences as a result of a failure by Client to purchase one or more licenses for any Third-Party Fonts and Stock Assets incorporated into a Project.
Electronic Communications, Transactions and Signature
Client hereby consents to receive electronic communications from All Trades Digital 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 All Trades Digital or through the Website. Client hereby waives any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which 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.
By using the Website, Client represents and warrants that:
- Client has the legal capacity and agrees to comply with these Terms of Service;
- Client is not a minor in the jurisdiction of their domicile;
- Client will not use the Website for any illegal or unauthorised purpose;
- Client will not access the Website through automated or non-human means;
- Client’s use of the Website will not violate any applicable law or regulation.
Client shall not access or use the Website for any purpose other than that for which the Website is made available to the Client. The Website may not be used in connection with any commercial endeavors except those related to the work performed by All Trades Digital on behalf of the Client.
Furthermore, Client agrees to refrain from the following:
- Make any unauthorised use of the Website;
- Use the Website in an effort to compete with All Trades Digital;
- Retrieve data or content for the purposes of creating or compiling a database or directory;
- Trick, defraud or mislead All Trades Digital or other users;
- Delete the copyright or other rights notice from any Content;
- Engage in unauthorised framing or linking of the Website;
- Copy or adapt the Website’s software;
- Interfere with, disrupt or create an undue burden on the Website or All Trades Digital’s networks or servers;
- Circumvent, disable, or otherwise interfere with security-related features on the Website;
- Intimidate, harass, annoy or threaten any of All Trades Digital’s employees, independent contractors or partners providing services through the Website;
- Disparage, tarnish or otherwise harm All Trades Digital;
- Decompile, decipher, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Website;
- Bypass any measures on the Website designed to prevent or restrict access to the Website or any portion thereof;
- Upload or transmit, or attempt to do so, any material that acts as a passive or active information collection or transmission mechanism;
- Upload or transmit, or attempt to do so, viruses, Trojan horses, or other material including anything that interferes with any party’s use of the Website or disrupts, modifies, alters, impairs, or interferes with the use, functions, features, operations or maintenance of the Website;
- Use the Website in a manner inconsistent with any applicable statutes, laws or regulations.
Termination and Access Restriction
Client Feedbacks and Complaints
Client acknowledges and agrees that any questions, comments, suggestions or other feedback or submission (each a “Submission”) shall be the sole property of All Trades Digital and All Trades Digital is under no obligation to keep a Submission confidential or take steps necessary to ensure the confidentiality of a Submission. All Trades Digital shall be the sole and exclusive owner of all rights related to the Submission except to the extent that rights are granted to Client under Ownership and Storage of Materials, and shall at its sole and unrestricted discretion use and disseminate a Submission for any lawful purpose without permission, acknowledgment or compensation of or to the Client. Client agrees that it has the right to articulate and put forth the Submission and Client hereby waives all claims and recourse against All Trades Digital for its use of the Submission in accordance with the terms hereof and in its sole discretion hereafter.
All Trades Digital is committed to resolving any complaints about the Term. If you would like to make a complaint regarding the Term in our practices in relation to your personal data, please contact us via email@example.com.
We will reply to your complaint as soon as we can and in any event, within 30 days. According to the applicable law, in some cases, we may prolong the term.
We hope to resolve any complaint brought to our attention, however, if you feel that your complaint has not been adequately resolved, you may contact your local authority.
Disclaimer of Liabilities and Limitation
All Trades Digital and its directors, employees, members, independent contractors or agents are not assume any liability for any direct, indirect, incidental, consequential, special or punitive damages or losses resulting from visiting our website www.pixeltroops.com, including the use of information made available on these webpages. We are also not liable for the content of hyperlinks to websites of third parties.
All Trades Digital responsibility for information connected to All Trades Digital own products and services is additionally limited by the Service Term of the appropriate product.
The information on the website may include typographical errors or inaccuracies. We shall not be liable for those errors and inaccuracies.
We make no representations about the availability, accuracy, reliability, suitability and timeliness of the content contained on and services available on the Website. The Website is provided on as-is, as-available, without express or implied warranty or condition of any kind. We disclaim all warranties and conditions regarding this content and services, including warranties and provisions of merchantability, fitness for a certain purpose.
This rule shall not affect your rights as a consumer. If the exclusion or limitation of liability for damages, whether consequential or incidental, are prohibited in a particular case/country, the exclusion or limitation of liability shall not apply to you.
You will indemnify, defend, and hold harmless All Trades Digital, our affiliates, and our respective directors, officers, employees, representatives, and agents (each an “Indemnified Party”) from any and all claims, damages, liabilities, costs, losses, and expenses (including, but not limited to, reasonable attorneys’ fees and all related costs and expenses) arising from or relating to any claim, suit, proceeding, demand, or action brought by you or a third party against an Indemnified Party relating to: (a) use of the Services by you or your agents, including any Customer Data provided by you or your agents and any payment obligations incurred through use of the Services; (b) any contract entered into by you or your agents; (c) failure to comply with these terms by you or your agents; (d) failure to comply with applicable law by you or your agents; (e) negligence, willful misconduct, or fraud by you or your agents; and (f) defamation, libel, violation of privacy rights, unfair competition, or infringement or allegations thereof of registered patent, registered trademark, or copyright of a third party, or misappropriates a trade secret to the extent caused by you or your agents. All Trades Digital will reasonably notify you of any such claim or demand that is subject to your indemnification obligation.
All Trades Digital OÜ
Harju maakond, Tallinn, Kristiine linnaosa,
A. H. Tammsaare tee 47, 11316, Estonia.