PixelPace Terms of Service

Effective date: [Microsoft Store release date]

These Terms of Service govern access to and use of PixelPace. PixelPace is operated by LogicGates Technologies. By selecting the acceptance checkbox when creating a studio account, you agree to these Terms.

PixelPace is intended for professional and business use. Please read these Terms before creating an account or uploading customer content.

1. Legal agreement

These Terms form a binding agreement between the studio account holder and LogicGates Technologies, the operator of PixelPace.

In these Terms:

• "PixelPace," "we," "us," and "our" refer to LogicGates Technologies as operator of the service.
• "Studio," "you," and "your" refer to the person or business that creates or uses a studio account.
• "Customer Content" means photographs, videos, metadata, gallery information, client information, guest information, selfies, selections, and other material submitted through the service.

If you use PixelPace for a studio or another organisation, you are responsible for ensuring that you are permitted to do so and that the studio complies with these Terms.

2. The service

PixelPace provides desktop and web-based tools for professional photographers, including:

• gallery and event management;
• media publishing, optimisation, storage, and delivery;
• client favourites and selections;
• guest registration;
• local Smart Matching;
• related studio and delivery features.

Some features require an internet connection, a compatible Windows device, sufficient local storage and processing capacity, and current versions of the PixelPace application.

The desktop application may be distributed and updated through the Microsoft Store. Microsoft Store terms may also apply to acquisition and installation of the application. These Terms govern the PixelPace service, studio account, cloud features, and Customer Content.

3. Professional use and availability

Studio registration is initially available in India and is intended for professional photographers, photography studios, and other business users.

You are responsible for complying with laws applicable to your business, customers, events, photographs, communications, and use of Smart Matching.

4. Account security

You must provide accurate account and business information and keep it current.

You are responsible for:

• protecting account credentials, devices, gallery links, and PINs;
• activity performed through your studio account;
• limiting account access to authorised persons;
• promptly notifying support@pixelpace.io of suspected unauthorised access.

You may not share, sell, transfer, or misuse credentials in a way that compromises account or service security.

5. Trial

The initial PixelPace trial:

• begins when the studio account is created;
• lasts 90 days unless PixelPace states otherwise;
• may be extended at PixelPace's discretion;
• is provided for evaluation and may include beta or evolving functionality.

When the trial ends:

1. New uploads and editing may be disabled.
2. The studio receives 15 days of read-only access.
3. Existing client galleries remain available during that 15-day period.
4. The studio must export any content it wants to retain.
5. After 15 days, associated cloud content is permanently deleted.

The studio remains responsible for maintaining its original files and independent backups.

6. Future paid plans

PixelPace does not collect payment during the initial validation phase.

If a studio later moves to a paid plan:

• PixelPace may issue a manual invoice;
• payment may be made by bank transfer, UPI, or another communicated method;
• paid access begins after PixelPace confirms payment and manually activates the plan;
• quoted fees exclude applicable taxes unless stated otherwise;
• fees are non-refundable except where required by law;
• cancellation takes effect at the end of the paid period;
• unpaid or overdue accounts may be suspended;
• plan duration, renewal, pricing, limits, and payment instructions will be stated in the applicable plan description, quotation, or invoice.

7. Plans, limits, and fair use

PixelPace may apply limits relating to storage, media volume, file size, galleries, events, video, delivery, or other resources. Limits may differ by trial or plan.

You must not bypass or attempt to bypass a plan, storage, security, or technical limit. PixelPace may restrict uploads, suspend processing, or require a plan change when an account reaches or exceeds an applicable limit.

Features, plans, quotas, and limits may change as the service develops. Changes will not give PixelPace permission to use Customer Content for unrelated purposes.

8. Customer Content and ownership

You retain ownership of your Customer Content.

You grant LogicGates Technologies a limited, non-exclusive, royalty-free licence to host, copy, transmit, resize, optimise, generate previews and thumbnails from, process, organise, and deliver Customer Content only as reasonably necessary to:

• operate PixelPace;
• provide requested gallery and event features;
• create and manage Smart Matching and face-group results;
• secure, maintain, troubleshoot, and support the service;
• comply with applicable law.

This licence lasts only for as long as reasonably required to provide the service, meet a deletion or retention rule, resolve a dispute, or comply with law.

PixelPace will not sell Customer Content, use it for advertising, or use photographs, selfies, face crops, face representations, or matching information to train general-purpose AI models.

9. Studio permissions and responsibilities

The studio is responsible for Customer Content and represents that it has all rights, permissions, notices, and consents required to:

• photograph and upload the people shown in Customer Content;
• store, process, publish, and deliver that content;
• provide client and guest contact information to PixelPace;
• invite guests to an event;
• use a guest selfie and facial information for Smart Matching;
• communicate with clients and guests;
• permit PixelPace to process Customer Content as described in these Terms and the Privacy Policy.

PixelPace does not independently determine whether the studio has obtained sufficient permission. The studio must respond to its clients and guests and cooperate with access, correction, consent-withdrawal, and deletion requests.

10. Children and parental consent

PixelPace does not currently ask a guest to declare their age or independently verify parental or guardian consent.

The studio must not enable Smart Matching for a person under 18 unless it has obtained and retained any verifiable parent or guardian consent required by applicable law.

The studio is solely responsible for determining whether a guest may participate and for responding to a parent or guardian concerning a minor's photographs or information.

11. Smart Matching

Smart Matching is an assistive workflow, not an identity-verification service.

You acknowledge that:

• match results are suggestions and may be inaccurate;
• false positive and false negative results are possible;
• the studio must review matches before guest delivery;
• the studio is responsible for approving the photographs delivered to each guest;
• PixelPace does not guarantee matching accuracy;
• Smart Matching must not be used for surveillance, security, authentication, law enforcement, or unrelated identification;
• Smart Matching must not be used to make decisions affecting a person's rights, eligibility, employment, credit, insurance, access, or safety.

PixelPace is not responsible for a studio's failure to review a match or for delivery approved by the studio to the wrong person.

12. Acceptable use

You must not use PixelPace to:

• upload, process, publish, or distribute illegal, infringing, deceptive, abusive, exploitative, or harmful content;
• process another person's information without required permission;
• violate privacy, publicity, intellectual-property, contractual, or other rights;
• distribute malware or attempt to attack, probe, overload, disrupt, or circumvent PixelPace;
• gain unauthorised access to accounts, systems, storage, or data;
• share, sell, or misuse credentials;
• bypass storage, plan, usage, or security limits;
• reverse engineer, decompile, or extract the application or models except to the limited extent applicable law expressly permits;
• use Smart Matching for surveillance or identification unrelated to the studio's event-photo delivery workflow;
• resell, rent, commercially sublicense, or provide PixelPace as a competing service.

13. PixelPace intellectual property

PixelPace, its software, models, branding, interfaces, documentation, workflows, and related intellectual property are owned by LogicGates Technologies or its licensors.

Subject to these Terms, the studio receives a limited, revocable, non-exclusive, non-transferable right to install and use PixelPace for its internal professional photography business.

No ownership of PixelPace transfers to the studio. Third-party and open-source components, where present, remain subject to their applicable licences.

14. Local files and studio devices

The desktop application may create caches, previews, diagnostic files, settings, downloaded model files, guest selfies, face crops, face representations, and grouping information on the studio computer.

The studio is responsible for:

• physical and logical security of its devices;
• operating-system accounts and disk protection;
• controlling access by staff and contractors;
• securely disposing of exported or cached information;
• maintaining enough local storage;
• retaining its original photographs and backups.

Deleting an event through PixelPace is designed to remove associated local Smart Matching data through the application. PixelPace cannot control copies independently exported, duplicated, or retained outside the application.

15. Service availability and changes

PixelPace is provided on an "as available" basis. We do not guarantee uninterrupted, error-free, or permanently available service.

We may:

• add, modify, suspend, or discontinue features;
• change technical requirements, plans, quotas, or limits;
• release fixes and updates;
• take immediate action required to address a critical security issue;
• perform maintenance that temporarily affects availability.

We will make reasonable efforts to recover service after failures, but recovery of every file, event, or configuration is not guaranteed.

16. Not an archival backup

PixelPace is a gallery, workflow, and delivery service. It is not a permanent archival or sole-backup service.

Studios must retain their original photographs, videos, metadata, project records, and independent backups. PixelPace is not responsible for loss that could have been avoided by maintaining appropriate originals and backups.

17. Suspension and termination

PixelPace may restrict, suspend, or terminate access when:

• these Terms are violated;
• content or activity creates legal, security, privacy, or operational risk;
• required permissions or consents are missing;
• an account is unpaid;
• an account is used fraudulently or abusively;
• action is required by law or an authorised government body.

Serious misuse, security threats, illegal activity, or urgent legal requirements may result in immediate suspension or termination without a grace period.

A studio may stop using PixelPace at any time. Cancellation does not create a refund right except where required by law. Content retention and deletion follow the rules stated in these Terms and the Privacy Policy.

18. Privacy

The PixelPace Privacy Policy explains how information is handled and is incorporated into these Terms by reference.

Studios must provide their own legally required notices to clients and guests and must not present PixelPace's Privacy Policy as a substitute for the studio's obligations.

19. Disclaimers

To the maximum extent permitted by applicable law:

• PixelPace is provided without warranties of merchantability, fitness for a particular purpose, non-infringement, uninterrupted operation, error-free operation, data preservation, or matching accuracy;
• we do not warrant that PixelPace will meet every studio workflow, regulatory requirement, or business expectation;
• we do not warrant that client or guest devices, networks, browsers, email systems, or third-party services will operate correctly;
• the studio assumes responsibility for reviewing outputs, maintaining backups, managing permissions, and deciding whether PixelPace is suitable for its use.

Nothing in these Terms limits a right or obligation that applicable law does not allow the parties to exclude.

20. Exclusion of monetary liability

To the maximum extent permitted by applicable law, LogicGates Technologies, its proprietor, licensors, contractors, service providers, and representatives will not be liable for any monetary damages or compensation arising from or relating to PixelPace, including:

• direct, indirect, incidental, special, consequential, exemplary, or punitive loss;
• loss of revenue, profit, business, opportunity, reputation, goodwill, clients, or anticipated savings;
• loss, corruption, deletion, or inability to recover photographs, videos, metadata, or other data;
• interruption, delay, failed delivery, unavailable galleries, or communication failure;
• incorrect Smart Matching results, missed matches, or delivery approved by the studio to an incorrect recipient;
• unauthorised access resulting from studio credentials, devices, links, PINs, personnel, or security practices;
• acts or failures of internet, device, operating-system, marketplace, cloud, email, or other third-party services.

The parties intend to exclude monetary liability completely wherever legally permitted. Nothing in this section excludes liability that cannot lawfully be excluded.

21. Studio indemnity

To the maximum extent permitted by law, the studio will defend, indemnify, and hold harmless LogicGates Technologies, its proprietor, licensors, contractors, service providers, and representatives from claims, proceedings, losses, liabilities, penalties, and reasonable costs arising from:

• Customer Content;
• alleged infringement or violation of another person's rights;
• missing, invalid, or inadequate client, guest, or parental consent;
• the studio's communications, publishing, sharing, or delivery decisions;
• the studio's approval or misuse of Smart Matching results;
• illegal or prohibited use of PixelPace;
• breach of these Terms or applicable law.

PixelPace will provide reasonable notice of a covered claim where practicable.

22. Events outside reasonable control

PixelPace is not responsible for delay or failure caused by events outside reasonable control, including internet or cloud outages, power failure, natural disaster, fire, flood, epidemic, labour disruption, civil disturbance, government action, cyberattack, marketplace failure, or failure of third-party infrastructure.

23. Changes to the service or these Terms

PixelPace may change features, plans, limits, or these Terms as the service develops. The current Terms will show their effective date.

Critical security changes may take effect immediately. Where applicable law requires notice or renewed agreement, PixelPace will provide it before the relevant change applies.

If you do not agree to a change, you must stop using the affected service before it applies, subject to any existing payment, export, retention, or legal obligations.

24. Governing law and disputes

These Terms are governed by the laws of India.

Before starting formal proceedings, the parties will first attempt in good faith to resolve the dispute informally through the contact details below.

If informal resolution fails, the competent courts in Kerala, India will have exclusive jurisdiction, subject to any jurisdiction that applicable law does not permit the parties to exclude.

25. General terms

If any provision is held unenforceable, the remaining provisions continue in effect to the fullest extent permitted by law.

Failure to enforce a provision is not a waiver of it.

The studio may not assign or transfer its account or rights under these Terms without written permission from PixelPace. PixelPace may transfer operation of the service and these Terms as part of a legitimate reorganisation, sale, or transfer of PixelPace, subject to applicable law and continued protection of personal information.

These Terms, the Privacy Policy, and any applicable plan description, quotation, or invoice form the agreement concerning the PixelPace service.

26. Legal operator and contact

PixelPace is operated by:

LogicGates Technologies
Email: support@pixelpace.io

Support, legal notices, privacy requests, and informal dispute-resolution requests may be sent to the email address above.