Terms of Service

Introduction to Terms of Service for Pixelview.io
Welcome to Pixelview.io. In this document, and throughout all our Terms of Service and associated policies, the name "Pixelview.io" refers to our service marketed under this name. The legal entity operating Pixelview.io is Cinecode OÜ, a company registered under the laws of Estonia. All references to "Pixelview.io," "we," "us," or "our" within these Terms of Service and any associated documents or communications pertain to Cinecode OÜ. Pixelview.io is the marketing name used by Cinecode OÜ to represent our services and is not a separate legal entity.


Please read these Terms of Service and our Privacy Policy thoroughly before using Pixelview.io (the "Site"), any mobile applications provided by Pixelview.io (the "Applications"), and the media file storage and collaboration services, features, content, or applications offered by Pixelview.io.

Acceptance of Terms
Your right to access and use our services is explicitly conditioned upon your acceptance of these Terms of Service. By signing up, clicking on the "Accept" button and/or using the services, you signify your unconditional agreement to be bound by these terms. If these terms are considered an offer, acceptance is expressly limited to these terms. Should you disagree with any part of these terms, you must click on the "Cancel" button and may not access or use the services in any manner.

When you register for or use the Services in any capacity, including but not limited to visiting or browsing the Site or downloading the Applications, you agree to these Terms of Service and all related operating rules, policies, and procedures that may be published from time to time on the Site by us, each incorporated by reference and subject to change without notice. Additional terms and conditions may apply to certain services, and your use of those services is subject to those additional terms and conditions.

Applicability
These Terms of Service apply to all users of the Services, including, without limitation, users who are contributors of content, information, and other materials or services, whether registered or not.

Dispute Resolution: Mandatory Arbitration and Class Action Waiver
All disputes between you and Pixelview.io must be resolved through arbitration, and you will not be able to participate in a class action or similar group lawsuit. By using our services, you agree to these conditions. If you do not agree to the arbitration agreement and class action waiver described here, you should not use our services.

Eligibility

You represent and warrant that you are at least 13 years of age. If you are under age 13, you may not, under any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms of Service or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party.

Registration

To access our Services at Pixelview.io, you must sign up by visiting pixelview.io/signup. Upon registration, you will receive your login details via email, which you will use to access our services. Our system does not require explicit sign-up from your viewers. Instead, they gain access through an invite link, which allows them to stream video content directly.

When registering, it is imperative to provide accurate and complete information. It is your responsibility to keep this information updated and secure your account. Do not use another person’s name with the intent to impersonate them, nor use a name without appropriate authorization. You are responsible for all activities conducted under your account.

Should there be any changes in your eligibility to use our services, including any licensing changes or revocations, you must notify us immediately. Similarly, any breach of security or unauthorized use of your account should be reported without delay.

For security reasons, never share your login information publicly. If you need to delete your account, this can be done by requesting assistance from our support team.

Content and User Content Definitions

Content: For the purposes of these Terms of Service, "Content" includes, without limitation, all information, videos, audio files, data, text, photographs, written posts, comments, software, scripts, graphics, and interactive features that are generated, provided, or made accessible on or through the Services.

User Content: "User Content" specifically refers to any Content that is added, created, uploaded, submitted, distributed, or posted to the Services by users, whether shared publicly or privately. You, as the originator, are solely responsible for ensuring that your User Content is accurate, complete, up-to-date, and complies with all applicable laws, rules, and regulations. All Content, including User Content, accessed by you through the Services is done so at your own risk. You are solely responsible for any damage or loss that may result from your use of any Content. While we endeavor to provide reliable and accurate Content through the Services, we cannot guarantee the perpetual accuracy or reliability of such Content.

Content Handling and Storage

At Pixelview.io, our service is designed to stream content directly through our servers to your viewers without storing the video streams. The streaming content merely passes through our servers and is not retained after the streaming session ends. However, the content may be transcoded in real-time to optimize delivery or to add watermarks and other features. We do store comments, reference images, and other supplementary materials, but only for the duration of the specific project. Once a project concludes, this data is deleted to ensure your privacy and the confidentiality of your projects.

User Content License Grant

By submitting User Content through the Services, you grant us a worldwide, non-exclusive, revocable, royalty-free, fully paid license to access, use, adapt, convert, transcode, reproduce, distribute, display, perform, disclose, transmit, store, and cache the User Content as necessary to provide the Services or as permitted by these Terms of Service. This license will end when the User Content is deleted or removed from the Services. It’s important to note that this license does not impact your ownership rights or your ability to grant additional licenses to your User Content, unless otherwise agreed in writing. We do not claim ownership of any User Content that is transmitted, stored, processed, or linked in your account or through the Services. You represent and warrant that you have all rights necessary to grant these licenses without infringing or violating any third-party rights, including privacy, publicity, intellectual property, or other proprietary rights.

Sharing of Content

When you upload, submit, or post User Content to a project, this content is accessible by any team members associated with your account. You grant each team member the ability to use, modify, and share this User Content within the project. If you send a project link to a collaborator, they can view and interact with the project as specified by you, which may include the rights to download, publish, or invite others to access the project.

Availability of Content: We do not guarantee the availability of any Content on the Site or through the Services. We reserve the right to remove, edit, or modify any Content at our discretion, at any time and without prior notice, whether due to claims, concerns about compliance with these Terms of Service, or otherwise. We are not obligated to remove or block any Content from the Services, but we reserve the right to do so.

Unauthorized Use: If you become aware of any unauthorized use of Content, your account, or the Services, you must notify us immediately in writing. In the case of unauthorized access gained through your account, please refer to our Intellectual Property Removal Policy and take all necessary steps to terminate the unauthorized use. We require your full cooperation and assistance in addressing such incidents. To protect your User Content transmissions, it is your responsibility to use a secure encrypted connection when communicating with the Services.

Content Deletion

User Content will remain available in a project until the project is terminated or the content is deleted. If a Team Leader or Team Member removes User Content, it will be deleted in accordance with Pixelview.io’s data retention policies. We are committed to ensuring the confidentiality and privacy of your projects and will only disclose project details if legally required or explicitly directed by you.

Business Entitlements and User Definitions

Business Users: If you are granted an "Entitlement" under Pixelview.io’s business plans by an organization or entity, such as a business, non-profit, or educational institution ("Business"), you become a "Business User." This grants the Business rights to access, manage, and control your Pixelview.io "Business Profile," including all associated Content. Your use of the Services as a Business User is governed by the agreement between the Business and Pixelview.io, which may include providing your personal information to the Business.

Personal Users: If you are not affiliated with a Business and have subscribed to an individual plan, you are a "Personal User." As a Personal User, you retain sole control over your User Content and personal profile, as outlined in our Privacy Policy.

Dual Users: If you have entitlements from both a personal plan and a Business, you will be considered both a Personal User and a Business User, depending on the source of the entitlements used for specific activities.

Business Email Domains: If you register a Pixelview.io account with an email address provided by a Business, and that Business establishes a relationship with us, your account may be integrated into the Business’s account system. This integration allows the Business to control the account and any Content, and may lead to moving non-Business Content to a new personal account. If you prefer not to allow a Business such control, use a personal email address for your account registration.

Rules of Conduct

  • As a condition of use, you promise not to use the Services for any purpose that is prohibited by these Terms of Service or applicable law. You are responsible for all of your activity in connection with the Services, including without limitation your conduct, your User Content, and your communications with others.

  • You shall promptly handle and resolve any notices and claims relating to your Content, including any notices sent to you by any person claiming that any of your Content violates any person's rights.

  • You shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service, including without limitation any User Content, that:

  • fails to comply with these Terms of Service;

  • infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;

  • is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, offensive or is otherwise inappropriate as determined by us in our sole discretion;

  • constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming");

  • contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party;

  • impersonates any person or entity, including any of our employees or representatives; or

  • includes anyone's identification documents or sensitive financial information.

  • You shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers' ("Third Party Providers")) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (iv) run any form of auto-responder or "spam" on the Services; (v) use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Site; (vi) harvest or scrape any Content from the Services; or (vii) otherwise take any action in violation of our guidelines and policies.

  • You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any Applications), except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Services, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.

  • We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public.

  • Trade Sanctions and Export Control Compliance. The Services, and your use of them, are subject to laws, restrictions, and regulations of the United States and other jurisdictions that (A) govern the import, export, and use of the Services; and (B) may prohibit us from providing the Services to you without notice. By using the Services, you agree to comply with all such laws, restrictions, and regulations, and you warrant that you are not prohibited from receiving the Services by the laws of any jurisdiction. Additionally, you agree not to upload to or transmit over any Services any content that is controlled for export from the United States (including technical data controlled under the US International Traffic in Arms Regulations and technology controlled under the US Export Administration Regulations) without prior written approval from Pixelview.io.

Ownership

  • Ownership of User Content. You (as a Business or an individual, as applicable) retain all rights and ownership of your User Content. We do not claim any ownership rights to your User Content.

  • Pixelview.io Intellectual Property. We (and our licensors) remain the sole owner of all right, title, and interest in the Services. Except as stated in the Terms of Service, we do not grant you any rights to patents, copyrights, trade secrets, trademarks, or any other rights in respect to the items in the Services. We reserve all rights not granted under the Terms of Service.

Apple Device and Application Terms

If you are accessing the Services via an application on a device provided by Apple, Inc. ("Apple") or an application obtained through the Apple App Store, the following shall apply:

  • Both you and Pixelview.io acknowledge that these Terms of Service are concluded between you and Pixelview.io only, and not with Apple, and that Apple is not responsible for the Application or the Content;

  • The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms of Service as they are applicable to the Services;

  • You will only use the Application in connection with an Apple device that you own or control;

  • You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;

  • In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple's sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;

  • You acknowledge and agree that Pixelview.io, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;

  • You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party's intellectual property rights, Pixelview.io, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;

  • You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;

  • Both you and Pixelview.io acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and

  • Both you and Pixelview.io acknowledge and agree that Apple and Apple's subsidiaries are third party beneficiaries of these Terms of Service, and that upon your acceptance of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as the third party beneficiary hereof.

Payments and Billing

  • Paid Services. Certain of our Services may be subject to payments now or in the future (the "Paid Services"). Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of this Agreement.

  • Taxes and Third-Party Fees. You must pay any applicable taxes and third-party fees (including, for example, telephone toll charges, mobile carrier fees, ISP charges, data plan charges, credit card fees, VAT, foreign exchange fees, and foreign transaction fees). We are not responsible for these fees. Contact your financial institution with questions about fees. We may take steps to collect the fees you owe us. You are responsible for all related collection costs and expenses. If you are located in a different country from the applicable Pixelview.io entity with which you are transacting, your payments will be made to a foreign entity.

  • Billing. We use a third-party payment processor, Paddle, (the " Payment Processor") to bill you through a payment account linked to your Account on the Services (your "Billing Account") for use of the Paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement, available at https://www.paddle.com/legal/terms. We are not responsible for error by the Payment Processor. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your " Payment Method"). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.

  • Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand. You authorize us to store any payment method you provide and use it in connection with your use of the Services. If your primary payment method fails or if the full amount fails to be charged, you authorize us to charge any other payment method in your account for the payment amount owed, including partial or incremental payment amounts. If you have not provided us with a backup payment method(s) and you fail to provide full payment, or if all payment methods in your account fail, we may suspend your access to the Services.

  • Recurring Billing. Some of the Paid Services may consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. By choosing a recurring payment plan, you acknowledge that such Services have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD.

  • Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT login.pixelview.io. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT AND THAT WE MAY PARTICIPATE IN PROGRAMS TO TRY TO UPDATE YOUR PAYMENT INFORMATION IN ORDER TO CHARGE YOU FOR AMOUNTS OWED UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES AS SET FORTH ABOVE.

  • Change in Amount Authorized. If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.

  • Auto-Renewal for Subscription Services. Unless you opt out of auto-renewal, which can be done through your Account Settings login.pixelview.io, any Subscription Services you have signed up for will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional rate. To change or resign your Subscription Services at any time, go to account settings. If you terminate a Subscription Service, you may use your subscription until the end of your then-current term; your subscription will not be renewed after your then-current term expires. However, you won't be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.

  • Reaffirmation of Authorization. Your non-termination or continued use of a Paid Service reaffirms that we are authorized to charge your Payment Method for that Paid Service. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the Paid Service.

  • Free Trials and Other Promotions. Any free trial or other promotion that provides access to a Paid Service must be used within the specified time of the trial. You must stop using a Paid Service before the end of the trial period in order to avoid being charged for that Paid Service. If you cancel prior to the end of the trial period and are inadvertently charged for a Paid Service, please contact us via Support.

We may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your Account, you may do so by following the instructions on the Site or through the Services. Any fees paid hereunder are non-refundable. All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Warranty Disclaimer

We have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding:

  • which users gain access to the Services;

  • what Content you access via the Services; or

  • how you may interpret or use the Content.

We strongly encourage and recommend that you maintain appropriate security, protection and backup copies of your Content, which may include your use of additional encryption technology to protect Content (including User Content) from unauthorized access. You acknowledge and agree that we will have no liability of any kind as a result of the deletion of, correction of, destruction of, damage to, loss of or failure to store or encrypt any Content.

1. Content Disclaimer: You agree that Pixelview.io is not liable for the Content accessed or downloaded through our services. We do not guarantee the accuracy, legality, or copyright compliance of any Content available through the services. All Content is provided on an "as is" and "as available" basis without any warranties of any kind, either express or implied, including but not limited to warranties of title, non-infringement, merchantability, or fitness for a particular purpose. All such warranties are hereby disclaimed to the fullest extent permitted by law.

2. Limitations on Liability: You use Pixelview.io at your own risk. We, along with our directors, employees, agents, suppliers, partners, and content providers, will not be liable for any indirect, incidental, punitive, compensatory, or consequential damages of any kind whatsoever related to your use of the services. This includes damages for loss of profits, goodwill, use, data, or other intangible losses, even if we have been advised of the possibility of such damages. Our total liability in any matter arising out of or related to these Terms is limited to the greater of $500 or the aggregate amount that you paid for access to the service during the three-month period preceding the event giving rise to the liability.

3. Indemnification: You agree to defend, indemnify, and hold harmless Pixelview.io and its affiliates, and their respective employees, contractors, officers, directors, and representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees, that arise from or relate to your use or misuse of, or access to, the Services and Content, or otherwise from your User Content, violation of these Terms of Service, or infringement by you, or any third party using your account or identity in the services, of any intellectual property or other rights of any person or entity.

4. Governing Law and Dispute Resolution: These Terms of Service shall be governed by and construed in accordance with the laws of Estonia, where Pixelview.io is registered. All disputes arising under these Terms will be subject to arbitration under the rules applicable in Estonia. Claims must be brought within one year of the incident that gave rise to the claim.

5. General Provisions:

  • Modifications: We reserve the right to modify these Terms at any time. Your continued use of the service after any such change constitutes your acceptance of the new Terms of Service.

  • Miscellaneous: If any part of these Terms is found to be unenforceable, that part will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full effect. Our failure to enforce any part of these Terms does not constitute a waiver of our right to later enforce that or any other part of these Terms.

  • Assignment: These Terms are not assignable, transferable, or sublicensable by you except with our prior written consent, but may be assigned by us without restriction.

  • Notices: All notices under these Terms will be in writing and will be deemed to have been duly given when received if personally delivered or sent by certified or registered mail, or the day after it is sent by recognized overnight delivery service.

By agreeing to these Terms, you acknowledge that you have read, understood, and agree to be bound by them. If you do not accept these Terms, do not use Pixelview.io services.

Contact. You may contact us at the following address: 

pixelview.io

hello@pixelview.io

Cinecode OÜ

Ahtri 12

10151 Tallinn

Estonia

EU-VAT number: EE102647772

Published and Effective as of June 1, 2024