Last updated April 3, 2018. Replaces the any prior version in its entirety.
These terms govern your use of our website or services and software that we include as part of the Services, including any applications, Content Files (defined below), scripts, instruction sets, and any related documentation (collectively “Software”). By using the Services or Software, you agree to these terms. If you have entered into another agreement with us concerning specific Services or Software, then the terms of that agreement controls where it conflicts with these terms. As discussed more in Section 3 below, you retain all rights and ownership you have in your content that you make available through the Services.
1. Choice of Law Norwegian law applies even outside Norway.
3. Modification We may modify, update, or discontinue the Services, Software (including any of their portions or features) at any time without liability to you or anyone else. However, we will make reasonable effort to notify you before we make the change. We will also allow you a reasonable time to download your content. If we discontinue a Service in its entirety, then we will provide you with a pro rata refund for any unused fees for that Service that you may have prepaid.
4. Use of Service
4.1 License Subject to your compliance with these terms and the law, you may access and use the Services.
4.2 PixEdit Intellectual Property We (and our licensors) remain the sole owner of all right, title, and interest in the Services and Software. We reserve all rights not granted under these terms.
4.3 Storage When the Services provide storage, we recommend that you continue to back up your content regularly.
5. Other License Types
(a) NFR Version. We may designate the Software or Services as “trial”, “evaluation”, “not for resale”, or other similar designation (“NFR Version”). You may install and use the NFR Version only during the period and only for the purposes that we have stated when we provide the NFR Version. You must not use any materials you produce with the NFR Version for anything other than non-commercial purposes.
(b) Pre-release Version We may designate the Software or Services, or a feature of the Software or Services, as a pre-release or beta version (“Pre-release Version”). Pre-release Version does not represent the final product and may contain bugs that may cause system or other failure and data loss. We may choose not to commercially release the Pre-release Version. You must promptly cease using the Pre-release Version and destroy all copies of Pre-release Version if we request you to do so, or if we release a commercial version of the Pre-release Version. Any separate agreement we enter into with you governing the Pre-release Version will supersede the provisions on Pre-Release Version set out in this section.
6. Ownership You retain all rights and ownership of your content. We do not claim any ownership rights to your content.
7. Account Information You are responsible for all activity that occurs via your account. Please notify Customer Support immediately if you become aware of any unauthorized use of your account. You may not (a) Share your account information (except with an authorized account administrator) or (b) use another person’s account. Your account administrator may use your account information to manage your use and access to the Services.
8. User Conduct You must not misuse the Services, Software, or content that we provide to you as part of the Services. For example, you must not:
(a) copy, modify, host, stream, sublicense, or resell the Services, Software, or content;
(b) enable or allow others to use the Service, Software, or content using your account information;
(c) access or attempt to access the Services by any means other than the interface we provided or authorized;
(d) circumvent any access or use restrictions put into place to prevent certain uses of the Services;
(e) share content or engage in behavior that violates anyone’s Intellectual Property Right (“Intellectual Property Rights” means copyright, moral rights, trademark, trade dress, patent, trade secret, unfair competition, right of privacy, right of publicity, and any other proprietary rights.);
(f) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(g) attempt to disable, impair, or destroy the Services, software, or hardware;
(h) place advertisement of any products or services in the Services except with our prior written approval;
(i) violate applicable law.
9. Subscription and cancellation terms
Service begins as soon as your initial payment is processed. You'll be charged the rate stated at the time of purchase, plus applicable taxes (such as value added tax when the stated rate doesn't include VAT)
You’ll be charged monthly or annually depending on your payment plan. You may change payment plan As You Go on "My Account". If you change your subscription the current subscription will run until its expiration date before the new subscription starts.
If the applicable VAT rate (or other included tax or duty) changes during your monthly or yearly term, the tax-inclusive price will adjust accordingly.
Your contract will renew automatically, on your monthly or annual renewal date, until you cancel. Renewal rates are subject to change, but you will be notified of any change in your rate with the option to cancel in accordance with these terms. If you choose to cancel your subscription, the service will continue until the end of the billing period. Cancellations can be made any time by visiting “My Account” page or by contacting Customer support.
9.1 Free trial
You won't be charged during your free trial, and you can cancel the subscription at any time. If you choose to continue using the software after your trial ends, you’ll be automatically charged according to the current subscription prices and terms in section 9. If you sign up for a free trial by using a 3d secure credit card, you're credit card will be charged a minimal amount during the verification process. This amount is immediately refunded
10. Fees and Payment
10.1 Taxes and Third-Party Fees You must pay any applicable taxes, and any applicable third-party fee (including, for example telephone toll charges, mobile carrier fees, ISP charges, data plan charges, credit card fees, foreign exchange fees, 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.
10.2 Credit Card Information If you do not notify us of updates to your payment method, your service will stop working.
11. Your Warranty and Indemnification Obligations You will indemnify us and our subsidiaries, affiliates, officers, agents, employees, partners, and licensors from any claim, demand, loss, or damages, including reasonable attorneys’ fees, arising out of or related to your content, your use of the Services or Software, or your violation of these terms.
12. Disclaimers of Warranties
12.1 Unless stated in the Additional Terms, the Services and Software are provided “AS-IS.” To the maximum extent permitted by law, we disclaim all warranties express or implied, including the implied warranties of non-infringement, merchantability, and fitness for a particular purpose. We make no commitments about the content within the Services. We further disclaim any warranty that (a) the Services or Software will meet your requirements or will be constantly available, uninterrupted, timely, secure, or error-free; (b) the results that may be obtained from the use of the Services or Software will be effective, accurate, or reliable; (c) the quality of the Services or Software will meet your expectations; or that (d) any errors or defects in the Services or Software will be corrected.
12.2 We specifically disclaim any liability for any actions resulting from your use of any Services or Software. You may use and access the Services or Software at your own discretion and risk, and you are solely responsible for any damage to your computer system or loss of data that results from the use and access of any Service or Software.
13. Limitation of Liability
13.1 Unless stated in the Additional Terms, we are not liable to you or anyone else for: (a) any loss of use, data, goodwill, or profits, whether or not foreseeable; and (b) any special, incidental, indirect, consequential, or punitive damages whatsoever (even if we have been advised of the possibility of these damages), including those (x) resulting from loss of use, data, or profits, whether or not foreseeable, (y) based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or (z) arising from any other claim arising out of or in connection with your use of or access to the Services or Software. Nothing in these terms limits or excludes our liability for gross negligence, for our (or our employees’) intentional misconduct, or for death or personal injury.
13.2 Our total liability in any matter arising out of or related to these terms is limited to US $90 or the aggregate amount that you paid for access to the Service and Software during the three- month period preceding the event giving rise to the liability, whichever is larger. This limitation will apply even if we have been advised of the possibility of the liability exceeding the amount and notwithstanding any failure of essential purpose of any limited remedy.
13.3 The limitations and exclusions in this Section 9 apply to the maximum extent permitted by law.
14.1 Termination by You You may stop using the Services at any time. Termination of your account does not relieve you of any obligation to pay any outstanding fees.
14.2 Termination by Us If we terminate these terms for reasons other than for cause, then we will make reasonable effort to notify you at least 30 days prior to termination via the email address you provide to us with instructions on how to retrieve your content. Unless stated in Additional Terms, we may, at any time, terminate your right to use and access the Services or Software if:
(a) you breach any provision of these terms (or act in a manner that clearly shows you do not intend to, or are unable to, comply with these terms);
(b) you fail to make the timely payment of fees for the Software or the Services, if any;
(c) we are required to do so by law (for example, where the provision of the Services or Software to you is, or becomes, unlawful);
(d) we elect to discontinue the Services or Software, in whole or in part, (such as if it becomes impractical for us to continue offering Services in your region due to change of law);
15. Export Control Laws The Software, Services, content, and your use of the Software, Services, and content, are subject to Norwegian and international laws, restrictions, and regulations that may govern the import, export, and use of the Software, Services, and content. You agree to comply with all the laws, restrictions, and regulations.
16. Dispute Resolution
16.1 Process For any concern or dispute you may have, you agree to first try to resolve the dispute informally by contacting us. If a dispute is not resolved within 30 days of submission, you or PixEdit must resolve any claims relating to these terms, the Services, or the Software through final and binding arbitration, except that you may assert claims in small claims court if your claims qualify.
16.2 No Class Actions You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action.
16.3 Injunctive Relief Notwithstanding the foregoing, in the event of your or others’ unauthorized access to or use of the Services or content in violation of these terms you agree that we are entitled to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
17. Compliance with Licenses If you are a business, company, or organization, then we may, no more than once every 12 months, upon seven 7 days’ prior notice to you, appoint our personnel or an independent third party auditor who is obliged to maintain confidentiality to inspect (including manual inspection, electronic methods, or both) your records, systems, and facilities to verify that your installation and use of any and all Software or Services is in conformity with its valid licenses from us. Additionally, you will provide us with all records and information requested by us in order to verify that its installation and use of any and all Software and Services is in conformity with your valid licenses from us within 30 days of our request. If the verification discloses a shortfall in licenses for the Software or Services, you will immediately acquire any necessary licenses, subscriptions, and any applicable back maintenance and support. If the underpaid fees exceed 5% of the value of the payable license fees, then you will also pay for our reasonable cost of conducting the verification.
18. Modification We may modify these terms or any additional terms that apply to a Service or Software to, for example, reflect changes to the law or changes to our Services or Software. You should look at the terms regularly. We will post notice of modifications to these terms on this page. We will post notice of modified additional terms in the applicable Service or Software. By continuing to use or access the Services or Software after the revisions come into effect, you agree to be bound by the revised terms.
19.1 English Version The English version of these terms will be the version used when interpreting or construing these terms.
19.2 Notice to PixEdit You may send the notices to us at the following address: PixEdit AS, P.O. Box 132, N-3201 Sandefjord, NORWAY 132
19.3 Notice to You We may notify you by email, postal mail, postings within the Services, or other legally acceptable means.
19.4 Entire Agreement These terms constitute the entire agreement between you and us regarding your use of the Services and Software and supersede any prior agreements between you and us relating to the Services.
19.5 Non-Assignment You may not assign or otherwise transfer these terms or your rights and obligations under these terms, in whole or in part, without our written consent and any such attempt will be void. We may transfer our rights under these terms to a third party.
19.6 Severability If a particular term is not enforceable, the unenforceability of that term will not affect any other terms.
19.7 No Waiver Our failure to enforce or exercise any of these terms is not a waiver of that section.
PixEdit AS, P.O. Box 132, N-3201 Sandefjord, NORWAY