Terms of Service

1. Services

1.1 Description

Pixol provides professional product photography and visual content services for e-commerce businesses (“Services”). Our services include, but are not limited to:

• White background product photography
• Flat lay photography
• Lifestyle and styled product photography
• 360-degree product photography
• Apparel and jewelry photography
• Full catalog photography shoots
• Image retouching and post-production editing
• Video content production

Specific services, deliverables, and requirements for each project will be outlined in a project order, confirmation email, or separate service agreement (“Project Agreement”).

1.2 Booking and Orders

Projects are confirmed upon receipt of your order through the Website, client portal, or direct communication, and receipt of any applicable deposits or payments. All quotes provided through our website estimator are estimates and may vary based on project specifics, product complexity, and requirements.

1.3 Custom Requirements

You may provide specific requirements for your order, such as lighting, arrangement, angles, background, and editing preferences. These requirements must be clearly communicated upon order placement. By making payment, you agree that the stated requirements accurately describe the work to be performed. If no specific requirements are provided, creative direction will be at the discretion of our production team.

2. Pricing and Payment

2.1 Pricing

Our current pricing is available on the Website's pricing page and estimator tool. Prices are subject to change without prior notice; however, price changes will not affect confirmed projects for which payment has already been received. Services not listed on the Website may be quoted separately before work commences.

Minimum project value is $300 unless otherwise agreed.

2.2 Payment Terms

• Payment terms will be specified at the time of booking or in the Project Agreement.
• A deposit may be required to confirm a project. Deposits are non-refundable unless otherwise stated.
• After completion of your project, you will receive watermarked preview images for review and approval. Final high-resolution deliverables will be released upon receipt of full payment.
• All payments shall be made in U.S. dollars via the payment methods accepted by Pixol.

2.3 Third-Party Payment Processing

We use third-party services for facilitating payment and completing purchases. By submitting your payment information, you grant us the right to provide such information to these third-party processors in accordance with our Privacy Policy.

2.4 Late Payment

If payment is not received within fifteen (15) calendar days of the invoice date, Pixol reserves the right to:

• Withhold delivery of images and other deliverables;
• Charge interest on the outstanding balance at a rate of 1.5% per month (or the maximum rate permitted by applicable law, whichever is lower);
• Suspend or terminate Services.

2.5 Taxes

You are responsible for payment of all applicable taxes, duties, and governmental charges associated with the Services, except for taxes based solely on Pixol's net income.

3. Refund and Cancellation Policy

3.1 Cancellation

• Within 24 hours: Orders may be canceled within 24 hours of payment by emailing info@pixol.ai. Rush orders cannot be canceled after placement.
• After 24 hours: Cancellation of a confirmed project must be made in writing. Cancellations made after work has commenced may be subject to a cancellation fee based on work completed.

3.2 Refunds

• Completed work: Services that have been completed and delivered are non-refundable.
• Rush projects: If a rush order is not completed by the agreed deadline, only the rush fee portion is refundable.
• Invoice errors: If an overcharge occurs due to an invoicing error on our part, we will refund the overcharged amount promptly.
• Pixol's inability to perform: If Pixol is unable to complete a project due to circumstances within Pixol's control, Pixol will refund any payments for services not yet rendered.

Refunds are processed using the same payment method used for the original transaction.

4. Merchandise — Shipping and Handling

4.1 Shipping Products to Pixol

You are solely responsible for shipping your products and merchandise (“Merchandise”) to Pixol's designated studio location. This includes:

• Packaging: Ensure all packages are carefully packed for protection during transit. You are responsible for using appropriate padding, cushioning, and protective materials.
• Order identification: Include a clearly written order number (provided via email upon placing the order) with your shipment.
• Shipping method and carrier: You select and are responsible for the shipping method, carrier, and all associated costs. We accept all major US carriers (USPS, UPS, FedEx, DHL, etc.).
• Transit insurance: You are responsible for obtaining and paying for any shipping insurance or transit coverage. Pixol does not provide, arrange, or bear the cost of shipping insurance for Merchandise in transit to our studio. We strongly recommend insuring high-value shipments.
• Transit risk: Pixol is not responsible for any loss, damage, delay, or destruction of Merchandise that occurs during transit to our studio. Any claims for lost or damaged shipments must be filed by you directly with your chosen shipping carrier.

Studio locations:

• New York: 484 52st, Apt 2B, Brooklyn, NY 11220
• Texas: 401 Westinghouse Rd, Apt 12301, Georgetown, TX 78626

4.2 Product Intake and Condition Documentation

Upon receipt of your Merchandise at our studio, Pixol will perform a reasonable intake inspection and may document the apparent condition of Merchandise upon arrival through photographs, written notes, or other records (“Intake Documentation”). Intake Documentation is created for the mutual benefit of both parties and serves as a baseline record of the condition of Merchandise at the time of receipt.

You acknowledge that:

• (a) Intake Documentation reflects only the apparent, externally observable condition of Merchandise at the time of inspection and may not identify all pre-existing defects, latent conditions, or internal damage;
• (b) Pixol is not responsible for conducting specialized testing, appraisal, or expert evaluation of Merchandise during intake;
• (c) If your Merchandise requires special handling or has known fragility, defects, or conditions, you must notify Pixol in writing prior to or at the time of shipment.

4.3 Pixol's Responsibility After Receipt

Once Pixol receives your Merchandise at our studio and completes the intake process, Pixol assumes responsibility for the care and safekeeping of that Merchandise while it remains in Pixol's possession. Specifically:

• (a) Pixol will exercise reasonable care in handling, storing, and photographing your Merchandise, consistent with the standard of care of a paid bailee under applicable law.
• (b) Pixol will store your Merchandise in a secure, climate-appropriate environment during the project.
• (c) If any Merchandise is damaged, lost, or destroyed while in Pixol's possession due to Pixol's negligence or fault, Pixol will compensate you in accordance with the limitations set forth in Section 10.2 of these Terms.
• (d) Pixol is not responsible for:
  • (i) Damage arising from pre-existing defects, latent conditions, inherent fragility, or manufacturing weaknesses, including but not limited to weak clasps, loose components, cracked surfaces, or deterioration due to the nature of the product;
  • (ii) Damage caused by or attributable to improper, insufficient, or inadequate packaging by you for shipment to Pixol;
  • (iii) Normal wear and tear, including minor scratches, scuffs, or patina that may occur through ordinary handling consistent with the nature of photography services;
  • (iv) Merchandise that is perishable, hazardous, or otherwise unsuitable for standard studio handling, unless Pixol has agreed in writing to special handling procedures;
  • (v) Damage or loss caused by events beyond Pixol's reasonable control (see Section 14.6, Force Majeure).
• (e) In the event of a dispute regarding the condition of Merchandise, the Intake Documentation described in Section 4.2 shall serve as the primary evidence of the condition at the time of receipt. If no Intake Documentation exists for a particular item, the burden of proving that damage occurred while in Pixol's possession rests with you.

4.4 Pre-Existing Defects and Client Warranty

• (a) You represent and warrant that all Merchandise shipped to Pixol is in a condition suitable for standard photography studio handling, including being moved, positioned, and arranged as reasonably necessary for photography services.
• (b) If any Merchandise has known defects, unusual fragility, or requires special handling, you must notify Pixol in writing prior to or at the time of shipment. Failure to disclose known defects or special handling requirements shall release Pixol from liability for damage related to such undisclosed conditions.
• (c) Pixol reserves the right to decline to photograph any Merchandise that, in Pixol's reasonable judgment, poses a risk of damage during standard handling, without liability. In such cases, Pixol will notify you and arrange return at your cost.

4.5 Prohibited Items

You are not permitted to send Pixol any Merchandise that contains or consists of: narcotics, illegal drugs, or controlled substances; dangerous weapons, firearms, ammunition, or explosives; dangerous chemicals, hazardous materials (as defined by DOT/USPS regulations), or items with lithium batteries (unless disclosed and approved in advance); obscene or pornographic materials; counterfeit goods or items infringing third-party intellectual property rights; or anything unlawful to possess in the States of Texas, New York, or the United States.

Pixol reserves the right to refuse, return, or dispose of any prohibited items without liability or compensation.

4.6 Return Shipping

After completion of the project, Pixol will return your Merchandise to you. Unless otherwise agreed:

• (a) Notify us upon receipt of the ordered content if you require return shipping. Provide a physical address within the USA.
• (b) You are responsible for the cost of return shipping and handling, which will be quoted prior to shipment. Alternatively, you may provide a prepaid return shipping label.
• (c) Pixol will use commercially reasonable packaging for return shipments appropriate to the nature of the Merchandise.
• (d) Once Merchandise is tendered to the return shipping carrier, title and risk of loss or damage transfer to you. Pixol is not responsible for any loss, damage, or delay during return transit. All return shipments are subject to our limitation of liability (Section 10). Any claims must be filed directly with the carrier.
• (e) Pixol strongly recommends obtaining shipping insurance for valuable return shipments.

4.7 Storage

Pixol will store your Merchandise free of charge for up to thirty (30) calendar days after project completion (“Storage Period”). After the Storage Period, arrangements must be made for return, pick-up, donation, or disposal. If Merchandise remains beyond the Storage Period, Pixol may charge a daily storage fee at its then-current rates.

4.8 Donating or Discarding Merchandise

If you do not want Merchandise returned, notify us in writing. We will donate or discard it at our discretion without offering compensation or credit. The choice of recipients or disposal method is at Pixol's sole discretion.

4.9 Abandonment

If Pixol cannot confirm return arrangements — including shipping information and/or payment for return shipping — within thirty (30) calendar days after project completion, and after Pixol has sent at least two (2) written follow-up notices to your last known email address spaced at least fifteen (15) calendar days apart, you agree that:

• (a) All rights to the Merchandise will be deemed transferred to Pixol;
• (b) Pixol may donate, discard, or sell the Merchandise at its sole discretion;
• (c) You will not receive compensation, credit, or any further claim regarding such Merchandise;
• (d) Pixol shall have no further liability to you for abandoned Merchandise, including their value, return, or condition.

Any outstanding storage fees, unpaid project fees, or other amounts owed by you to Pixol shall remain your obligation regardless of the disposition of the Merchandise.

5. Production Process

5.1 Alterations and Accuracy

Pixol may make necessary alterations to the produced content (“Content”), including color adjustments, dust removal, background editing, and other modifications as necessary to produce professional-quality results. While we strive for accuracy, we do not guarantee that the Content will be a flawless or exact representation of your Merchandise. It is your responsibility to review the Content and ensure that it meets your needs and does not misrepresent the Merchandise.

5.2 Turnaround Time

Standard turnaround is three to five (3–5) business days from the date Merchandise is received and inspected at our studio, not from the date of order placement. Rush services may be available for an additional fee; rush turnaround times will be communicated at booking. Turnaround times are estimates and are not guaranteed unless expressly stated in the Project Agreement.

5.3 Review Period

After project completion, you will receive access to view watermarked preview images of the Content. You have up to ten (10) business days from delivery of preview images to provide feedback, request revisions, or approve the Content (“Review Period”). After the Review Period expires without communication from you, your order will be considered complete and approved.

5.4 Revisions

• Specification issues: If we fail to adhere to your clearly stated photography requirements, we will redo the affected images at no extra cost.
• Included revisions: Two to three (2–3) rounds of minor revisions (color correction, cropping, minor retouching adjustments) for specification-related issues are included at no charge.
• Changes to brief: Changes to requirements, additional requests, or revisions beyond the original project scope may incur additional charges in accordance with our pricing.
• Post-production: Minor post-production adjustments (dust removal, basic color matching) are provided free of charge as part of our standard workflow.

6. Delivery

Content will be delivered via a secure online platform (such as Google Drive or a client portal). Access will be provided for you to view, approve, and download completed work.

Pixol is not responsible for issues related to the availability, security, or confidentiality of Content on third-party delivery platforms.

Content will be stored and available for download for 365 calendar days after project completion. After that period, Pixol is not obligated to archive, store, or provide access to the Content. We recommend downloading and backing up all files promptly upon delivery.

7. Intellectual Property

7.1 Pixol's Intellectual Property

The Website and its original content, features, design, and functionality are the exclusive property of Pixol Studio, LLC and its licensors. Our trademarks, service marks, logos, and trade dress may not be used without our prior written consent.

7.2 License Grant to Client

Upon receipt of full payment for a project, Pixol grants you a royalty-free, perpetual, worldwide license to use, reproduce, distribute, publicly display, and create derivative works of the Content for your business purposes, including but not limited to e-commerce listings, social media, print advertising, packaging, and marketing materials.

This license does not include the right to:

• Resell, sublicense, or distribute the Content to third parties as standalone products (e.g., as stock photography);
• Use the Content for illegal activities, defamation, harassment, pornography, or in violation of any third-party intellectual property rights;
• Claim authorship of the original Content.

The original Content remains the copyrighted material of Pixol Studio, LLC. The license granted herein is a license to use, not a transfer of copyright ownership.

7.3 Pixol Portfolio Use

Unless you specifically request otherwise in writing prior to the commencement of a project, Pixol retains the right to use the Content in its own portfolio, marketing materials, website, social media, case studies, and promotional content. This portfolio use right is non-exclusive and does not affect your license rights.

7.4 Client Materials and Third-Party IP

You retain all right, title, and interest in your Merchandise, brand assets, logos, trademarks, and other materials you provide to Pixol (“Client Materials”). By providing Client Materials, you grant Pixol a limited, non-exclusive license to use such materials solely for performing the Services.

You represent, warrant, and certify that: (a) any visible intellectual property on the Merchandise is either owned by you or you have permission to use it; (b) you have all necessary rights and permissions to provide Client Materials to Pixol; and (c) such materials do not infringe upon the intellectual property rights or other rights of any third party.

7.5 Model Releases

For lifestyle or styled shoots involving identifiable individuals, Pixol will obtain appropriate model releases for models supplied by Pixol. If you provide your own models or participants, you are solely responsible for obtaining all necessary model releases and publicity consents prior to the shoot.

7.6 Raw Files

Unless otherwise agreed in writing, Pixol retains all raw, unedited files. Pixol is not obligated to provide raw files to you.

8. Confidentiality

Pixol acknowledges that Merchandise and Client Materials may include unreleased, proprietary, or confidential products and information. Pixol will treat all such items as confidential and will not disclose them to third parties without your prior written consent, except as necessary to perform the Services (e.g., to Pixol's photographers, stylists, and retouching team) or as required by law.

For clients requiring additional confidentiality protections, Pixol is available to execute a separate non-disclosure agreement (NDA) upon request.

9. Disclaimer of Warranties

THE CONTENT AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED. PIXOL DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. PIXOL DOES NOT GUARANTEE THAT THE CONTENT WILL MEET YOUR SPECIFIC REQUIREMENTS, BE ERROR-FREE, OR ACHIEVE ANY PARTICULAR COMMERCIAL RESULT.

10. Limitation of Liability

10.1 Liability for Services

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PIXOL'S TOTAL LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICES (EXCLUDING MERCHANDISE LIABILITY UNDER SECTION 10.2) SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO PIXOL FOR THE SPECIFIC PROJECT GIVING RISE TO THE CLAIM.

10.2 Liability for Merchandise

PIXOL'S LIABILITY FOR ANY DAMAGE TO OR LOSS OF MERCHANDISE WHILE IN PIXOL'S POSSESSION, AS DESCRIBED IN SECTION 4.3, IS LIMITED TO A MAXIMUM OF FIVE HUNDRED DOLLARS ($500) USD TOTAL LIFETIME AGGREGATE PER CLIENT, UNLESS A HIGHER LIMIT IS AGREED IN WRITING IN THE PROJECT AGREEMENT. FOR MERCHANDISE VALUED OVER $500 USD, WE STRONGLY RECOMMEND PURCHASING INSURANCE FOR LOSS OR DAMAGE WHILE IN OUR POSSESSION AND DURING TRANSIT.

10.3 Exclusion of Consequential Damages

IN NO EVENT SHALL PIXOL STUDIO, LLC, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS OPPORTUNITIES, LOSS OF DATA, LOSS OF USE, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, STRICT LIABILITY, BAILMENT, OR ANY OTHER LEGAL THEORY, EVEN IF PIXOL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10.4 Essential Basis of the Bargain

YOU ACKNOWLEDGE THAT PIXOL HAS SET ITS PRICES AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND DISCLAIMERS OF WARRANTIES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.

10.5 Exceptions

Nothing in this Section 10 shall limit Pixol's liability for damages resulting from Pixol's gross negligence, willful misconduct, or fraud.

11. Indemnification

You agree to defend, indemnify, and hold harmless Pixol Studio, LLC and its officers, directors, employees, contractors, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

• Your breach of these Terms;
• Your Merchandise or Client Materials, including any claim that such materials infringe upon the rights of any third party;
• Your use of the Content in a manner not authorized by these Terms;
• Any prohibited items shipped to Pixol;
• Your use of the Website or Services.

12. Privacy and Data

12.1 Privacy Policy

Your use of the Website and Services is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information.

12.2 California Consumer Privacy Act (CCPA)

If you are a California resident, you may have additional rights regarding your personal information under the California Consumer Privacy Act. Please refer to our Privacy Policy for details on how to exercise these rights.

13. Links to Other Websites

The Website may contain links to third-party websites or services that are not owned or controlled by Pixol Studio, LLC. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Pixol shall not be liable for any damage or loss caused by or in connection with use of any such third-party content, goods, or services.

14. General Provisions

14.1 Entire Agreement

These Terms, together with any Project Agreement and the Privacy Policy, constitute the entire agreement between you and Pixol regarding the Services and supersede all prior or contemporaneous agreements, understandings, and communications.

14.2 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions.

14.3 Dispute Resolution

Any dispute, controversy, or claim arising out of or relating to these Terms or the Services shall first be submitted to good-faith mediation. If mediation is unsuccessful within thirty (30) days, the dispute shall be resolved by binding arbitration administered in accordance with the rules of the American Arbitration Association (“AAA”). The arbitration shall take place in Austin, Texas. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

14.4 Class Action Waiver

YOU AND PIXOL AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

14.5 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

14.6 Force Majeure

Pixol shall not be liable for any delay or failure to perform, or for any loss of or damage to Merchandise, resulting from causes beyond Pixol's reasonable control, including but not limited to acts of God, fire, flood, earthquake, natural disasters, pandemic, epidemic, war, terrorism, civil unrest, labor disputes, strikes, power failures, equipment failures, utility interruptions, water damage, theft by third parties, governmental actions, or any other event that could not have been reasonably foreseen or prevented. In the event of a Force Majeure event affecting Merchandise in Pixol's possession, Pixol will notify you as soon as practicable and will take reasonable steps to mitigate damage.

14.7 Amendments

We reserve the right to modify or replace these Terms at any time. Significant changes will be notified at least thirty (30) days before becoming effective. Updated Terms will be posted on the Website with a revised “Last Updated” date. Your continued use of the Services after any such changes constitutes your acceptance of the revised Terms.

14.8 Termination

We may terminate or suspend your access to the Website or Services immediately, without prior notice or liability, for any reason, including breach of these Terms.

14.9 Waiver

The failure of Pixol to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

14.10 Assignment

You may not assign or transfer these Terms or your rights hereunder without Pixol's prior written consent. Pixol may assign these Terms without restriction.

14.11 Notices

All notices under these Terms shall be sent to the contact information provided by the respective party. Notices to Pixol should be sent to info@pixol.ai.

15. Contact Us

For any questions about these Terms, please contact us at:

Studio locations:

• New York: 484 52st, Apt 2B, Brooklyn, NY 11220
• Texas: 401 Westinghouse Rd, Apt 12301, Georgetown, TX 78626