DRAFT — FOR COUNSEL REVIEW ONLY. Not legal advice. Customize placeholders, jurisdiction, arbitration, and tax/refund language before setting status to published.
Effective date: May 26, 2026
1. Agreement
These Terms of Service (“Terms”) are a binding agreement between you and [Company Legal Name] (“we,” “us,” “our”) governing access to and use of PixLibre (the “Platform”), including our website, dashboard, APIs, and related services (collectively, the “Services”).
By clicking to accept, creating an account, subscribing, or using the Services, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Services.
If you use the Services on behalf of a company or organization, you represent that you have authority to bind that entity, and “you” includes that entity.
2. Who the Services are for
The Platform is a creative-business operating system for photographers, studios, educators, and similar professionals (“Creators”). We provide tools to build websites, manage portfolios and media, deliver work to clients, sell products and courses, collaborate with teams, and related features described on https://www.pixlibre.com and in-product documentation.
Important distinction: When you publish a site on your own subdomain (e.g. yourname.pixlibre.com) or custom domain, you operate that public presence for your audience. Your visitors’ relationship for your content, licenses, and sales is primarily with you, not with us—except where we act as platform provider, payment facilitator, or merchant of record as described below.
3. Eligibility
You must be at least 18 years old (or the age of majority where you live) and able to form a binding contract. You may not use the Services if you are barred under applicable law or if we have suspended or terminated your account.
4. Accounts and security
Registration. You must provide accurate account information and keep it current.
Credentials. You are responsible for safeguarding login credentials and for activity under your account. Notify us promptly at [Support Email] if you suspect unauthorized access.
Team access. If you invite team members, you are responsible for their actions within your account and for assigning appropriate roles and permissions.
5. Subscriptions, trials, and platform billing
Plans. Access to certain features depends on your subscription tier and any add-ons. Plan limits (storage, seats, modules, etc.) are described at checkout and in your dashboard.
Billing. Paid subscriptions are processed by Stripe (or our other designated payment processor). By subscribing, you authorize recurring charges at the price and interval shown at checkout until you cancel in accordance with these Terms.
Taxes. Prices may exclude taxes. Where required, tax is calculated and collected at checkout (including via Stripe Tax where enabled).
Changes. We may change plan features, limits, or pricing with notice as required by law. Price changes for renewals will apply on your next billing cycle after notice.
Cancellation. You may cancel through the billing portal or account settings. Cancellation stops future charges but generally does not refund amounts already paid except where required by law or stated at purchase.
Free tiers and trials. If we offer a free tier or trial, we may modify or discontinue it at any time. At trial end, continued use may require a paid subscription.
6. Creator commerce, Stripe Connect, and your customers
Your sales. The Platform may enable you to sell digital downloads, print products, courses, events, donations, and other offerings to your clients and site visitors (“End Customers”).
Stripe Connect. Where enabled, client payments may be processed through Stripe Connect with payouts to your connected account, subject to Stripe’s terms and onboarding requirements. You are responsible for completing Connect onboarding, maintaining accurate payout details, and complying with Stripe’s acceptable use and verification requirements.
Your obligations to End Customers. You are solely responsible for: (a) your listings, pricing, and descriptions; (b) fulfillment, delivery, and customer service (except where we or a fulfillment partner explicitly performs fulfillment on your behalf); (c) refunds, cancellations, and chargebacks as between you and your End Customers, except where we state otherwise for a specific flow; and (d) all taxes, licenses, and regulatory obligations applicable to your business and products.
Platform role. Unless we expressly state in writing that we are merchant of record for a specific transaction, we provide software and payment routing—not your employer, agent, or guarantor of your sales.
7. Print-on-demand and fulfillment partners
If you enable print-on-demand (“POD”), orders may be submitted to third-party fulfillment providers (e.g., Prodigi, Gelato, or others we integrate). Production, shipping, and quality are performed by those providers under their terms. You are responsible for accurate product configuration, shipping information you collect from End Customers, and communicating realistic delivery expectations.
We are not liable for fulfillment delays, customs issues, misprints, or provider outages beyond any express remedies we offer in writing.
8. Acceptable use
You agree not to:
- Violate law or third-party rights (including copyright, trademark, privacy, and publicity rights);
- Upload or distribute unlawful, harassing, defamatory, fraudulent, or harmful content;
- Distribute malware, attempt unauthorized access, or interfere with the Services;
- Scrape, reverse engineer, or overload the Services except as permitted by law;
- Use the Services to send spam or deceptive marketing;
- Misrepresent identity or affiliation;
- Use the Services for illegal sexual content, exploitation, or violence;
- Circumvent technical limits, tier restrictions, or security measures.
We may investigate violations and suspend or terminate accounts, remove content, and cooperate with law enforcement where appropriate.
9. Your content
Ownership. You retain ownership of content you upload or create (“Your Content”), subject to licenses below.
License to us. You grant us a worldwide, non-exclusive, royalty-free license to host, store, reproduce, transmit, display, and otherwise use Your Content only as needed to operate, improve, secure, and support the Services (including backups, CDN delivery, image processing, video streaming, and support requests).
Responsibility. You represent that you have all rights necessary for Your Content and that it does not infringe others’ rights. You are responsible for releases, model/property permissions, and license terms you offer to End Customers on your public site.
Photographer license pages. Your public site may include a Terms / Licenses page describing how End Customers may use your images and products. That page is your policy for your audience. It is separate from these Platform Terms.
10. Affiliate links and advertising
The Platform may allow you to add affiliate links and, on eligible plans, third-party advertising embeds to your site or blog. You are responsible for complying with applicable disclosure rules (e.g., FTC endorsement guidelines) and for the content and destinations of outbound links and ads. We may provide default disclosure text; you remain responsible for accuracy and placement.
11. Our intellectual property
The Services, including software, branding, documentation, and templates we provide, are owned by us or our licensors. Except for the limited rights to use the Services under these Terms, no rights are granted to you. You may not use our trademarks without written permission.
Feedback. If you submit ideas or feedback, you grant us a perpetual, irrevocable license to use them without compensation.
12. Third-party services
The Services integrate with third parties (e.g., Stripe, Cloudflare, email providers, storage/CDN, analytics, error monitoring, fulfillment labs). Your use of those services may be subject to their terms. We are not responsible for third-party outages or acts.
A current list of subprocessors relevant to privacy is in our Privacy Policy.
13. Disclaimers
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not guarantee uninterrupted or error-free operation, specific business results, or that the Services will meet all your requirements.
14. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
- WE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS, REVENUE, DATA, OR GOODWILL.
- OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) AMOUNTS YOU PAID US FOR THE SERVICES IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) USD $100.
Some jurisdictions do not allow certain limitations; in those cases, our liability is limited to the fullest extent permitted by law.
15. Indemnification
You will defend, indemnify, and hold harmless [Company Legal Name] and our affiliates, officers, directors, employees, and agents from claims arising out of: (a) Your Content; (b) your public site and sales to End Customers; (c) your breach of these Terms or law; or (d) disputes between you and your clients, team members, or End Customers.
16. Suspension and termination
We may suspend or terminate your access immediately for material breach, legal risk, non-payment, or harm to the Services or others.
You may stop using the Services at any time. Account deletion may be available in dashboard settings subject to verification, billing prerequisites (e.g., active subscription cancellation), and a grace period before permanent deletion, as described in our Privacy Policy.
Sections that by nature should survive (payment obligations, IP, disclaimers, limitation of liability, indemnity, dispute resolution) survive termination.
17. Dispute resolution and governing law
Governing law. These Terms are governed by the laws of [Governing State/Country], without regard to conflict-of-law rules.
Venue. Except where prohibited, exclusive jurisdiction for disputes will be the courts located in [Governing State/Country].
Informal resolution. Before filing a claim, you agree to contact us at [Support Email] and attempt good-faith resolution for at least 30 days.
[Optional — discuss with counsel: arbitration clause, class action waiver, EU consumer carve-outs.]
18. Changes to these Terms
We may update these Terms from time to time. We will post the updated version at https://www.pixlibre.com/legal/terms with a revised effective date and, where required, provide additional notice. Continued use after changes become effective constitutes acceptance. If you do not agree, you must stop using the Services.
19. Miscellaneous
Entire agreement. These Terms and the Privacy Policy are the entire agreement regarding the Services.
Assignment. You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition, or sale of assets.
Severability. If any provision is unenforceable, the remainder remains in effect.
No waiver. Failure to enforce a provision is not a waiver.
Force majeure. We are not liable for delays or failures due to events beyond our reasonable control.
20. Contact
[Company Legal Name]
[Postal address]
Email: [Support Email]