Terms of Use

These terms (the "Agreement" or "Terms") is made by and between Gabriel Hansel, Tax ID No. 327136115 (“Pixelix”) and You (the “Customer”) with respect to the services provided by Pixelix (the "Services") as detailed in the website https://pixelix.co (the "Website"). 

1.1. Disclaimer: The Services are provided on an "as is" basis. Except as expressly set forth in this agreement and to the maximum extent permitted by applicable law, Pixelix does not make any representations or warranties, expressed or implied, regarding the Services or any other services relating to this Agreement, including any implied warranties of merchantability or fitness for a particular purpose, and implied warranties arising from course of dealing or course of performance. Except as otherwise set forth herein, Pixelix does not warrant that the Services shall operate uninterrupted or error-free.

1.2. Pricing: the prices and fees of the Services are detailed on the Website. Pixelix reserves its right to increase or decrease any fees and/or to change the available subscription plans at its sole discretion. In case of a decrease of the subscription fees, the Customer will not be entitled to any refund and/or discount and/or any other benefit or deduction. All payments are non-refundable.

1.3. Your Data: Pixelix does not share Your data with third-parties without Your consent and does not commercialize Your data without Your consent.

1.4. The Customer may not copy, reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the content appearing on the Website without Pixelix's prior and written consent.

2. Scope of Services (the “Services”)

2.1. The Services offered by Pixelix assists the Customer in creating and receiving designs as detailed on the Website.

2.2 It is clarified that Pixelix reserves its right to refuse to prepare requested designs in some cases including, but not only, a request to prepare a design which Pixelix deems offensive and/or inappropriate; and may also refuse to finalize a design in case of any excessive and/or extreme requests from a Customer (all at Pixelix's sole disrection), and the Customer shall have no claims against Pixelix in such case.

2.3 Please note that Pixelix doesn’t backup any designs created for the Customer.

3. Relationship of the Parties; Limitation of Liability 

3.1 Relationship of the Parties: The sole relationship between Pixelix and the Customer shall be that of independent contractors. The Customer shall not be deemed to be an employee of Pixelix.

3.2 Limitation of Liability: In no event will Pixelix and/or anyone on Pixelix’s behalf be liable for any loss of profits, lost savings, indirect, incidental, special, consequential, multiple or punitive, damages regardless of whether the basis of the liability is breach of contract, tort (including negligence and strict liability), statutes, misrepresentations or otherwise for any loss of profit, loss of business, loss of income, loss of customers or any indirect, incidental, consequential, special, or exemplary damages arising from any aspect of the relationship provided herein including, but not only, as a result of the Customer’s reliance on the Services since Pixelix is solely providing a platform which assists the Customer to create and receive designs. Pixelix’s maximum liability to the Customer for any causes of actions, claims and damages is limited to the amount paid by the Customer in consideration for the Services. The Customer is solely responsible for any use of designs created for him via the Services.

3.3. For providing the Services, Pixelix may receive certain deliverables from the Customer including, but not only, images and texts ("Content"). The Customer understands that Pixelix doesn’t review the Content, and it is the Customer's responsibility to ensure that the Content is not in breach of any applicable law including, but not only, intellectual property law, privacy law, defamation and any other illegal activity. Customer undertakes to indemnify Pixelix for any sum Pixelix may be required to pay resulting from a claim and/or legal judgment resulting from a breach of the Agreement by the Customer and/or any misrepresentation including if Pixelix will be sued due to copyright infringement of the Content and/or the deliverables of the Services.

4. Intellectual Property; Trademark Use

4.1 Ownership of Intellectual Property: All copyrights of designs which will be created as part of the Services will be owned by the Customer. However, any designs planned and/or created for the Customer may be used by Pixelix for the purpose of promoting Pixelix's business and such use will not consist of any violation of this Agreement and/or infringement of Your rights including any violation of the Israeli Copyright Law Act-2007 and/or any other applicable law.

4.2 Trademark Use: The Customer hereby grants Pixelix a license to use the Customer’s trademarks and designs created for the Customer for presenting the Customer as Pixelix’s client in any media and opportunity and agrees Pixelix to mention the Customer as Pixelix's client in any media and opportunity.

5. Termination and Governing Law

5.1 Term and Termination: This Agreement shall commence on the day Effective Date and shall automatically renew until terminated by the Customer upon providing a written notice at least 14 days in advance. However, this Agreement may be terminated immediately by Pixelix upon a material breach by the Customer.

5.2 Notices: all notices to Pixelix shall be given by email: gabriel.hansel@gmail.com. 

5.3 Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Israel, and the courts of Tel Aviv, Israel, shall have exclusive jurisdiction for any litigation and/or dispute arising out of this Agreement, and all claims and/or dispute related to this Agreement shall be addressed solely to Pixelix and not to any third party on behalf of Pixelix including any of its service providers and/or employees.

5.4 No Assignment: The Customer may not assign its rights or obligations under this Agreement to any party, whether by contract, operation of law or otherwise, whether during or after the term of this Agreement and whether with or without consideration, without Pixelix’s prior written consent. Any subscription is personal and non-transferable.