Terms of Service

Please read these Terms of Service carefully before using Pixel Fiddler. By registering for an account, integrating with our API, or otherwise accessing our platform, you acknowledge that you've read, understood, and agree to comply with these Terms. If these Terms are not acceptable to you, please do not use our services.

These Terms constitute a binding legal agreement between you and Pixel Fiddler. If you're using our platform on behalf of a company or organization, you represent that you have the authority to bind that entity to these Terms, and that entity will be responsible for any violations.

1. Key Definitions

2. Accepting These Terms

By checking the acceptance box during registration, accessing our API, or using any part of the Platform, you confirm that:

• You've read and understood these Terms of Service in their entirety
• You agree to be legally bound by all provisions contained herein
• You're at least 18 years old and legally capable of entering into binding contracts
• If representing an organization, you have proper authorization to commit that organization to these Terms
• Your use of the Platform will comply with all applicable laws and regulations

These Terms do not modify or supersede any separate written agreements you may have with Pixel Fiddler, such as enterprise licensing agreements or custom service contracts. In case of conflicts between these Terms and a separate agreement, the separate agreement prevails only if it specifically identifies and explicitly overrides these Terms.

We may update these Terms periodically. When material changes occur, we'll notify you via email or through a prominent notice in your dashboard, giving you at least 30 days to review the changes. Your continued use of the Platform after changes take effect constitutes acceptance of the modified Terms. If you disagree with the changes, you must stop using the Platform.

3. What We Provide

3.1 Platform Overview

Pixel Fiddler delivers a comprehensive image and video optimization platform designed to help you manage, transform, and deliver visual content efficiently. Our services include:

• Media Transformation: Real-time resizing, cropping, format conversion, quality optimization, and advanced effects processing
• Storage Integration: Seamless connection to your existing storage solutions including Amazon S3, Google Cloud Storage, Azure Blob Storage, FTP servers, and HTTP origins
• Content Delivery: High-performance global CDN for fast, reliable media delivery with intelligent caching
• Digital Asset Management: Web-based interface for organizing, browsing, and managing your media library
• Developer Tools: RESTful API, SDKs for popular programming languages, and comprehensive documentation
• Advanced Features: Watermarking, text overlays, template-based generation, automated optimization, and responsive images

3.2 Storage and Hosting

Pixel Fiddler operates as a processing and delivery layer that works with your existing storage infrastructure. We provide:

• Hosted Storage (Limited): A hosted storage option is available primarily for testing and evaluation purposes. This hosted storage is not intended for production use or high-traffic scenarios
• External Storage Support: Connect your own storage services (S3, Google Cloud, Azure, etc.) for production workloads. You remain responsible for maintaining these storage connections and ensuring data availability
• Intelligent Caching: We temporarily cache processed media on our CDN to optimize delivery performance. Cache duration follows standard HTTP caching protocols and your configuration settings

3.3 Service Availability

While we strive to maintain high availability, the Platform is provided without guaranteed uptime commitments unless specified in a separate service level agreement. We may occasionally need to perform maintenance, upgrades, or emergency repairs that temporarily limit access to the Platform. We'll provide advance notice for scheduled maintenance whenever possible.

3.4 Service Evolution

We continuously improve and evolve our Platform. This means features may be added, modified, or occasionally deprecated. We'll announce significant changes in advance through our changelog, email notifications, or dashboard announcements. If we deprecate a feature you're actively using, we'll provide reasonable notice and migration guidance.

4. Your Account Responsibilities

To use the Platform, you must create an account. You agree to:

• Provide Accurate Information: Supply truthful, complete, and current information during registration and keep your account details up to date
• Protect Your Credentials: Maintain the confidentiality of your username, password, API keys, and any other authentication credentials. Use strong, unique passwords and enable multi-factor authentication when available
• Control Access: Restrict access to your account to authorized individuals only. Don't share your login credentials with others
• Monitor Activity: Regularly review your account activity for unauthorized access or suspicious behavior
• Report Security Issues: Immediately notify us at security@pixel-fiddler.com if you discover or suspect any security breach, unauthorized access, or compromised credentials
• Accept Responsibility: You're responsible for all activities that occur under your account, including actions taken by your employees, contractors, or other authorized users

We implement security measures to protect your account, as detailed in our Privacy Policy, but we cannot guarantee absolute security. You acknowledge that unauthorized access may occur despite our security measures, and you agree not to hold us liable for damages resulting solely from third-party unauthorized access, provided we've implemented reasonable security controls.

We reserve the right to suspend or terminate accounts that violate these Terms, appear to be abandoned, pose security risks, or are involved in fraudulent activity.

5. License to Use Our Platform

Subject to your compliance with these Terms and timely payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform solely for your legitimate business or personal purposes.

This license permits you to:

• Access the Platform through supported interfaces (dashboard, API, SDKs)
• Upload and process your media content through our transformation services
• Integrate the Platform into your websites, applications, or services
• Deliver transformed media to your end users
• Use our documentation and developer resources

This license automatically terminates if you breach these Terms. Upon termination, you must immediately cease all use of the Platform and may no longer access your account.

6. Your Content and Intellectual Property

6.1 You Own Your Content

You retain all ownership rights, copyrights, trademarks, and other intellectual property rights in Your Content. We make no claim to ownership of any media, data, or materials you upload to or process through the Platform. Your Content remains yours.

6.2 License You Grant Us

To provide our services, you grant Pixel Fiddler a limited, non-exclusive, worldwide, royalty-free license to:

• Store Your Content on our servers and caching infrastructure
• Process, transform, optimize, and modify Your Content as requested through the Platform
• Deliver Your Content to your end users via our CDN
• Create derivative works (transformed versions) of Your Content based on your transformation parameters
• Display Your Content in your dashboard for management purposes
• Analyze metadata and usage patterns to improve our services (with all personally identifiable information removed)

This license exists solely to enable us to provide the Platform services and terminates when you delete Your Content or close your account, except for cached copies that may persist temporarily in our CDN or backup systems.

6.3 Your Responsibilities for Content

You represent and warrant that:

• You own Your Content or have obtained all necessary rights, licenses, and permissions to upload and process it through the Platform
• Your Content doesn't infringe any third party's copyrights, trademarks, patents, trade secrets, privacy rights, publicity rights, or other intellectual property or legal rights
• You have the right to grant us the license described above
• Your Content and its use through the Platform comply with all applicable laws and regulations

6.4 Content Backup and Deletion

You're solely responsible for maintaining backups of Your Content. We strongly recommend keeping copies of all original media files in a secure location separate from our Platform.

When you delete Your Content from the Platform, we'll remove it from our active systems within a reasonable timeframe. However, cached copies may persist temporarily in our CDN and backup systems for up to 30 days. We may also retain metadata and anonymized analytics data for longer periods.

7. Acceptable Use and Prohibited Activities

7.1 Prohibited Content

You may not upload, store, process, or distribute through the Platform any content that:

• Is Illegal: Violates any applicable law, statute, ordinance, or regulation
• Infringes Rights: Violates copyrights, trademarks, patents, trade secrets, privacy rights, publicity rights, or other intellectual property or legal rights of any third party
• Contains Malware: Includes viruses, worms, Trojan horses, ransomware, spyware, or other malicious code
• Exploits Minors: Contains child sexual abuse material (CSAM) or otherwise exploits, sexualizes, or endangers minors
• Is Hateful or Violent: Promotes hatred, violence, discrimination, or harassment against individuals or groups based on race, ethnicity, religion, gender, sexual orientation, disability, or other protected characteristics
• Spreads Misinformation: Contains deliberately false or misleading information intended to deceive or defraud
• Violates Privacy: Shares personal information of others without their consent
• Is Adult Content: Contains pornographic or sexually explicit material (contact us if you need to process adult content for legitimate purposes)

7.2 Prohibited Activities

When using the Platform, you must not:

• Circumvent Limits: Attempt to bypass rate limits, usage quotas, or access controls
• Reverse Engineer: Decompile, disassemble, reverse engineer, or attempt to derive the source code of the Platform
• Interfere with Service: Disrupt, overload, or impair the Platform's functionality or interfere with other users' access
• Scrape or Crawl: Use automated tools to systematically extract data from the Platform without authorization
• Resell Services: Resell, sublicense, or redistribute access to the Platform without our written permission
• Build Competing Products: Use the Platform to develop, support, or operate a competing image optimization or CDN service
• Abuse Free Tiers: Create multiple accounts to exploit free plan benefits beyond their intended use
• Launch Attacks: Use the Platform to facilitate denial-of-service attacks, port scanning, or other malicious network activity

7.3 Monitoring and Enforcement

While we don't monitor Your Content as a regular practice, we reserve the right to review content when necessary to enforce these Terms, respond to legal requests, or investigate reported violations. We may use automated systems to detect prohibited content or activities.

If we determine that you've violated these Terms, we may, at our sole discretion:

• Remove or disable access to the violating content
• Suspend your account temporarily pending investigation
• Terminate your account immediately without refund
• Suspend or terminate any other accounts you control
• Report illegal activity to law enforcement
• Take legal action to enforce these Terms

7.4 Reporting Violations

If you believe someone is violating these Terms or using the Platform for illegal purposes, please report it to support@pixel-fiddler.com with relevant details. We'll investigate all reports but cannot guarantee specific action in response to every report.

8. Your Liability for Content

You assume all responsibility and liability for Your Content and how you and your Authorized Users use the Platform. This means:

8.1 Indemnification

You agree to defend, indemnify, and hold harmless Pixel Fiddler, our affiliates, and our respective directors, officers, employees, contractors, and agents from and against all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

• Your Content, including claims that Your Content infringes third-party intellectual property rights or violates applicable laws
• Your use of the Platform or violation of these Terms
• Your breach of any representation or warranty made in these Terms
• Actions taken by your Authorized Users through your account
• Your violation of any third-party rights

This indemnification obligation survives termination of these Terms and your use of the Platform. We'll notify you of any claims subject to indemnification and give you the opportunity to defend such claims at your expense. We reserve the right to assume control of the defense if we determine it necessary to protect our interests.

8.2 No Responsibility for Your Content

We don't endorse, support, represent, or guarantee the accuracy, completeness, truthfulness, or reliability of Your Content. We disclaim all liability related to Your Content. You're solely responsible for ensuring Your Content complies with all applicable laws and doesn't infringe third-party rights.

9. Fees and Payment

Pricing for the Platform is available at our pricing page. We bill monthly in arrears based on your plan and usage. Invoices are issued during the first week of each month, with payment due within 30 days of the invoice date.

You authorize us to charge your provided payment method for all fees. All fees are exclusive of taxes, which will be added to your invoice when applicable. Late payments may result in service suspension.

Refunds: You may request a refund for charges billed within the preceding 30 days by emailing support@pixel-fiddler.com from your registered account. Include the invoice number and reason for the refund request. Refunds are granted only for (a) duplicate charges or (b) demonstrable billing errors that caused overcharging. Approved refunds will be credited within 10 business days. All other charges are non-refundable.

10. Confidential Information

10.1 Definition

"Confidential Information" includes non-public information that one party (the "Disclosing Party") shares with the other party (the "Receiving Party") that:

• Is marked as "confidential" or "proprietary"
• Would reasonably be understood as confidential given its nature and the circumstances of disclosure
• Includes technical data, business plans, pricing information, customer lists, financial data, and trade secrets

Confidential Information does not include information that:

• Is or becomes publicly available through no breach of these Terms
• Was rightfully known to the Receiving Party before disclosure
• Is independently developed by the Receiving Party without using the Confidential Information
• Is lawfully received from a third party without confidentiality obligations

10.2 Protection Obligations

Each party agrees to:

• Keep the other party's Confidential Information strictly confidential
• Use the same degree of care to protect the Confidential Information as it uses for its own confidential information, but no less than reasonable care
• Use Confidential Information solely for the purposes of fulfilling obligations under these Terms
• Limit access to Confidential Information to employees, contractors, and advisors who need to know it and who are bound by confidentiality obligations at least as protective as those in these Terms
• Not disclose Confidential Information to third parties without prior written consent

10.3 Required Disclosures

If a party is legally compelled to disclose the other party's Confidential Information (by subpoena, court order, or government regulation), the disclosing party must, to the extent legally permitted:

• Promptly notify the other party in writing
• Provide reasonable assistance if the other party wishes to contest the disclosure
• Disclose only the minimum amount of information required
• Request confidential treatment for the information being disclosed

10.4 Duration

These confidentiality obligations remain in effect for three (3) years following termination of these Terms or your last use of the Platform, whichever is later. However, obligations regarding trade secrets continue for as long as the information qualifies as a trade secret under applicable law.

11. Data Protection and Privacy

Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our data practices.

11.1 GDPR Compliance

For users in the European Economic Area, United Kingdom, or Switzerland, we comply with the General Data Protection Regulation (GDPR) and equivalent data protection laws. When processing personal data on your behalf, we act as a data processor and you act as the data controller.

As a data processor, we:

• Process personal data only in accordance with your documented instructions
• Implement appropriate technical and organizational security measures
• Assist you in responding to data subject requests
• Notify you of data breaches affecting personal data within 48 hours of discovery
• Delete or return personal data upon termination, except where retention is required by law
• Maintain records of processing activities

11.2 Data Location

Our primary infrastructure is located in the European Union (Poland). When we transfer data outside the EEA, we use appropriate safeguards such as Standard Contractual Clauses approved by the European Commission.

11.3 Data Retention After Termination

Upon account termination, we'll make Your Content available for download for 30 days. After this period, we'll delete Your Content from our active systems. Cached copies may persist in backups for up to an additional 60 days, after which all data will be permanently deleted.

12. Term and Termination

12.1 Term

These Terms begin when you first accept them (by logging in to the platform) and continue until terminated by either party in accordance with this section.

12.2 Termination by You

You may terminate your account and these Terms at any time through your account settings or by emailing support@pixel-fiddler.com. Termination takes effect at the end of your current billing period. You remain responsible for all charges incurred up to the termination date, and no refunds will be provided for unused portions of your subscription.

12.3 Termination by Us

We may suspend or terminate your account immediately if:

• Material Breach: You materially breach these Terms and fail to remedy the breach within seven (7) days after we notify you
• Payment Failure: Your payment is significantly overdue
• Security Risk: Your account poses a security or legal risk to us or other users
• Illegal Activity: We have reasonable belief that you're using the Platform for illegal purposes
• Legal Requirement: We're required to terminate by law or court order

We may also terminate these Terms for convenience by providing you with 30 days' written notice. In such case, we'll refund any prepaid fees for unused services on a pro-rata basis.

12.4 Effects of Termination

Upon termination:

• Your license to use the Platform immediately ends
• You must immediately cease all use of the Platform
• All outstanding fees become immediately due and payable
• We'll make Your Content available for download for 30 days (unless termination was for cause, in which case we may provide immediate access or no access at our discretion)
• After 30 days, we may delete Your Content from our systems

12.5 Survival

The following sections survive termination: Section 6 (Your Content and Intellectual Property), Section 8 (Your Liability for Content), Section 9 (payment obligations), Section 10 (Confidential Information), Section 11 (Data Protection), Section 13 (Disclaimers), Section 14 (Limitation of Liability), and Section 15 (Governing Law).

13. Disclaimers

14. Limitation of Liability

15. Governing Law and Dispute Resolution

15.1 Governing Law

These Terms and any disputes arising from or relating to them will be governed by and construed in accordance with the laws of Poland, without regard to its conflict of law principles.

15.2 Jurisdiction and Venue

You and Pixel Fiddler agree that any legal action or proceeding arising from or related to these Terms or the Platform shall be brought exclusively in the courts of Warsaw, Poland. You irrevocably consent to the jurisdiction of these courts and waive any objection to venue in these courts.

15.3 Informal Resolution

Before initiating formal legal proceedings, we encourage you to contact us at legal@pixel-fiddler.com to attempt to resolve disputes informally. Many disputes can be resolved quickly and amicably through communication.

15.4 Online Dispute Resolution (EU)

If you're a consumer in the European Union, you may also use the European Commission's Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr to resolve disputes.

16. Changes to These Terms

We may revise these Terms from time to time as our business evolves, to reflect changes in our services, or to comply with legal requirements. When we make material changes, we will:

• Update the "Last Updated" date at the top of these Terms
• Notify you via email sent to the address associated with your account
• Post a prominent notice in your dashboard
• Provide at least 30 days' notice before the changes take effect for material modifications

For non-material changes (such as clarifications, formatting updates, or changes that benefit you), we may not provide advance notice. We'll still update the "Last Updated" date.

Your continued use of the Platform after changes take effect constitutes your acceptance of the modified Terms. If you don't agree with the changes, you must stop using the Platform and may terminate your account as described in Section 12.

We recommend reviewing these Terms periodically to stay informed of any updates.

17. General Provisions

17.1 Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Pixel Fiddler regarding the Platform and supersede all prior agreements, understandings, and communications, whether oral or written.

17.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision will be modified to the minimum extent necessary to make it valid and enforceable while preserving its intent. If modification isn't possible, the provision will be severed, and the remaining provisions will remain in full force and effect.

17.3 Waiver

Our failure to enforce any provision of these Terms or to exercise any right doesn't constitute a waiver of that provision or right. No waiver will be effective unless made in writing and signed by our authorized representative. A waiver of any breach doesn't constitute a waiver of any subsequent breach.

17.4 Assignment

You may not assign, transfer, or delegate these Terms or your rights and obligations hereunder without our prior written consent. Any attempted assignment in violation of this section is void. We may freely assign these Terms without restriction. These Terms bind and inure to the benefit of the parties and their respective successors and permitted assigns.

17.5 No Third-Party Beneficiaries

These Terms are for the benefit of you and Pixel Fiddler only. No third party has any right to enforce or rely on any provision of these Terms.

17.6 Force Majeure

Neither party will be liable for delays or failures to perform its obligations (except payment obligations) due to causes beyond its reasonable control, including:

• Natural disasters (earthquakes, floods, fires, storms)
• War, terrorism, or civil unrest
• Government actions or regulations
• Labor disputes or strikes
• Internet backbone failures or telecommunications outages
• Pandemics or epidemics
• Failures of third-party hosting or cloud services

The affected party must:

• Promptly notify the other party of the force majeure event
• Use commercially reasonable efforts to mitigate the impact
• Resume performance as soon as reasonably practicable

If a force majeure event continues for more than 30 days, either party may terminate the affected services upon written notice.

17.7 Interpretation

Section headings are for convenience only and don't affect interpretation. The words "include," "includes," and "including" mean "including without limitation." References to "writing" or "written" include email. "Days" means calendar days unless specified as business days.

17.8 Language

These Terms are drafted in English. If translated into other languages, the English version prevails in case of any conflict or ambiguity.

17.9 Export Controls

You agree to comply with all applicable export and import control laws and regulations. You may not use the Platform if you're subject to sanctions or trade restrictions, and you may not use the Platform in violation of any embargo or export control law.

18. How to Contact Us

If you have questions about these Terms, need clarification, or want to report a problem, please contact us via email support@pixel-fiddler.com