01Eligibility & Accounts

• You must be at least the age of majority in your province of residence to create an account, or have permission from your employer or organization to use the Services under its account.
• You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.
• You agree to notify Provider promptly at support@pixelmind.ca if you become aware of any unauthorized access to your account.
• You agree to provide accurate account information and to keep it up to date.

02Acceptable Use

You agree not to, and not to permit any third party to:

• Use the Services for any unlawful purpose or in violation of any applicable law or regulation;
• Attempt to gain unauthorized access to the Services, other accounts, or Provider's systems or networks;
• Upload or transmit any virus, malware, or other harmful code;
• Reverse engineer, decompile, or attempt to extract the source code of the Services, except to the extent such restriction is prohibited by applicable law;
• Use the Services to build or support a product or service competitive with the Services;
• Interfere with or disrupt the integrity or performance of the Services, including through excessive automated use not authorized by Provider;
• Upload content that is unlawful, infringing, defamatory, or that you do not have the right to submit.

Provider reserves the right to suspend or terminate access for any User who violates this Section.

03Your Content & Data

• You retain ownership of any data, files, or content you submit to the Services ("User Content"). You grant Provider a limited license to host, process, and display User Content solely as necessary to provide the Services' functionality to you.
• You represent that you have all necessary rights to submit User Content and that it does not infringe the rights of any third party.
• Provider may remove User Content that violates these Terms or applicable law.
• Use of personal information submitted through the Services is also governed by our Privacy Policy, incorporated into these Terms by reference.

04Intellectual Property

• Each Service, including its software, design, features, and Documentation, is owned by Provider and its licensors and is protected by intellectual property laws. These Terms do not grant you any ownership interest in the Services.
• You may not use Provider's name, logos, or trademarks without prior written permission, except as necessary to identify that you are a user of the Services.
• Feedback. If you or your organization provide suggestions, feature requests, or feedback regarding the Services, Provider may use such feedback without restriction or obligation to you, and any resulting improvements to the Services remain Provider's sole property, except as otherwise agreed in a separate written addendum specific to a particular feature.

05Confidentiality

• You agree to keep your login credentials and any non-public account information confidential, and not to share account access with anyone not authorized under your organization's subscription.
• If, in the course of using the Services, you become aware of non-public features, pricing, or technical information about the Services, you agree to keep that information confidential and not disclose it to third parties without Provider's written consent.
• This Section does not limit any broader confidentiality obligations set out in a Master Services Agreement between Provider and your organization, which govern to the extent of any conflict.

06Availability & Changes to the Services

• Provider may modify, update, or discontinue features of the Services from time to time. Provider will use reasonable efforts to notify Users of material changes that affect core functionality.
• The Services are provided on an "as available" basis. Provider does not guarantee uninterrupted or error-free operation.
• Provider does not commit to any specific level of uptime, availability, or performance, and Provider has no liability for downtime, service interruption, or degradation, whether scheduled or unscheduled, except to the extent a separate written Service Level Agreement executed by Provider expressly states otherwise.
• You are solely responsible for maintaining independent backup copies of any data, files, or User Content submitted to or generated through the Services. Provider has no obligation to retain, back up, or recover your data, and disclaims all liability for loss, corruption, or unavailability of your data, except where such loss results directly from Provider's gross negligence or willful misconduct.

07Disclaimer of Warranties

Except as expressly set out in a separate written agreement between Provider and your organization, the Services are provided "as is" and "as available," without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and quiet enjoyment, except to the extent such warranties cannot be excluded under applicable law.

Provider does not warrant that the Services will be uninterrupted, error-free, or secure, or that any defects will be corrected. No advice or information, whether oral or written, obtained from Provider or through the Services creates any warranty not expressly stated in these Terms.

08Limitation of Liability

To the maximum extent permitted by applicable law, Provider will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or goodwill, or business interruption, arising out of or related to your use of the Services, regardless of the theory of liability, even if advised of the possibility of such damages.

Provider's total aggregate liability arising out of or related to your use of the Services will not exceed the greater of (a) the total fees paid by your organization to Provider in the twelve (12) months preceding the event giving rise to the claim, or (b) one hundred Canadian dollars (CAD $100), unless otherwise stated in a separate written agreement between Provider and your organization. For Users on a free or no-cost tier of the Services, Provider's total aggregate liability will not exceed one hundred Canadian dollars (CAD $100).

Where your organization has a separate Master Services Agreement with Provider, the liability terms of that agreement govern in the event of any conflict with this Section.

The limitations in this Section apply to the maximum extent permitted by applicable law and do not apply to the extent prohibited by law with respect to a "consumer" as defined under the British Columbia Business Practices and Consumer Protection Act.

09Indemnification

You agree to defend and indemnify Provider against third-party claims, damages, and reasonable expenses (including legal fees) arising from: (a) your User Content; (b) your use of the Services in violation of these Terms or applicable law; or (c) your violation of the rights of any third party. Where your organization has a separate Master Services Agreement with Provider, the indemnification terms of that agreement govern in the event of any conflict with this Section.

10Publicity

Unless you notify Provider in writing that you opt out, Provider may identify your organization as a customer of the Services and use your organization's name and logo in Provider's marketing materials, website, and customer lists, in a manner consistent with your organization's brand guidelines where provided. This Section does not permit Provider to make specific claims about your organization's results or to use your Confidential Information for marketing purposes.

11Suspension & Termination

• Provider may suspend or terminate your access to the Services if you violate these Terms, or if required to comply with applicable law.
• Provider may also suspend or terminate any account, in whole or in part, at any time and for any reason or no reason, with or without notice, including for non-payment of fees when due, extended account inactivity, or where Provider reasonably believes continued provision of the Services poses a legal, security, or reputational risk.
• Upon termination for any reason, all licenses granted to you under these Terms immediately cease, and no fees paid are refundable except as expressly required by applicable law or as set out in Section 12 (Refunds).
• Your organization's Master Services Agreement or Order Form (if any) governs termination of your organization's overall subscription. These Terms govern your individual account access and may be enforced independently.

12Refunds

All fees are non-refundable except where expressly stated in an applicable Order Form or where required by applicable law. Provider does not provide prorated refunds for partial billing periods, downgrades, or early termination.

13Survival

Sections 3 (Your Content & Data, as it relates to license grants), 4 (Intellectual Property), 5 (Confidentiality), 7 (Disclaimer of Warranties), 8 (Limitation of Liability), 9 (Indemnification), 12 (Refunds), this Section 13 (Survival), 14 (Governing Law), and 15 (Dispute Resolution & Arbitration) survive any termination or expiration of these Terms, together with any other provision that by its nature is intended to survive.

14Governing Law

These Terms are governed by, and construed in accordance with, the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts of British Columbia, sitting in Vancouver, British Columbia, for any dispute arising out of or relating to these Terms.

15Dispute Resolution & Arbitration

• Any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved by binding arbitration administered under the Rules of the ADR Institute of Canada, seated in Vancouver, British Columbia, before a single arbitrator. Each party waives any right to a jury trial or to participate in a class, collective, or representative action.
• Notwithstanding the foregoing, either party may seek injunctive or equitable relief in a court of competent jurisdiction to protect its intellectual property or confidential information.
• This Section does not apply to disputes with individuals who qualify as "consumers" under the British Columbia Business Practices and Consumer Protection Act, to the extent application of this Section would be void or unenforceable under that Act.

16General Provisions

• Entire Agreement. These Terms, together with our Privacy Policy and, where applicable, any Master Services Agreement or Order Form governing your organization's use of the Services, constitute the entire agreement between you and Provider regarding your use of the Services, and supersede all prior agreements and understandings, written or oral, regarding that subject matter.
• Assignment. You may not assign or transfer your rights under these Terms without Provider's prior written consent. Provider may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of substantially all assets.
• Force Majeure. Provider is not liable for any delay or failure to perform resulting from causes beyond its reasonable control, including natural disasters, labour disputes, internet or utility failures, or governmental action.
• Independent Relationship. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and Provider.
• Non-Solicitation. During your use of the Services and for twelve (12) months thereafter, you agree not to directly or indirectly solicit for employment or engagement any employee or contractor of Provider involved in delivering the Services to you, without Provider's prior written consent.
• Beta Features. Provider may make available features labeled "beta," "early access," "preview," or similar ("Beta Features"). Beta Features are provided for evaluation purposes only, may be modified or discontinued at any time without notice, are provided "as is" without warranty, and are subject to Section 8 (Limitation of Liability); Provider's liability with respect to any Beta Feature will not exceed $0.
• No Third-Party Beneficiaries. These Terms are for the sole benefit of the parties and their permitted successors and assigns, and confer no rights or remedies on any third party.
• Notices. Legal notices to Provider must be sent to support@pixelmind.ca and are deemed received upon confirmed delivery. Provider may give notice to you via the email address associated with your account or via in-product notification, deemed received when sent.
• Severability. If any provision of these Terms is held unenforceable, the remaining provisions remain in full force and effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.
• Language. The parties confirm their wish that these Terms and all related documents be drafted in English. Les parties conviennent que ces modalités et tous les documents connexes soient rédigés en anglais.

17Changes to These Terms

Provider may update these Terms from time to time. If changes are material, Provider will provide reasonable notice, such as by posting a notice on the Services or updating the "Last updated" date above. Continued use of the Services after changes take effect constitutes acceptance of the updated Terms.

18Contact

Questions about these Terms can be directed to support@pixelmind.ca.

01Scope & Roles

• Direct Users: if you create an account and use the Services directly, we act as the organization responsible for your personal information, as described in this Policy.
• Client-Managed Data: if you interact with the Services because our client (your employer or another organization) uses the Services to manage its own business operations, that client is generally responsible for the personal information it submits to the Services, and we process that information on the client's behalf and instruction, under the terms of our agreement with that client.
• If you have questions about how a specific organization uses the Services in relation to your personal information, we encourage you to contact that organization directly, in addition to contacting us.

02Information We Collect

• Account information: name, email address, employer or organization, login credentials, and role or permissions within the Services.
• Usage data: log data, device and browser information, IP address, pages or features accessed, and timestamps, collected automatically as you use the Services.
• Content you provide: information you or your organization submit, upload, or generate while using the Services.
• Communications: information you provide when you contact support, respond to surveys, or otherwise communicate with us.
• Payment information: where applicable, billing details are collected and processed by our third-party payment processor; we do not directly store full payment card numbers.

03How We Use Personal Information

We use personal information to:

• Provide, operate, maintain, and improve the Services;
• Authenticate accounts and maintain the security of the Services;
• Communicate with you about your account, updates, or support requests;
• Process payments and manage subscriptions;
• Analyze usage to understand how the Services are used and to inform product development;
• Comply with legal obligations and enforce our Terms of Service.

We use personal information only for the purposes identified at or before the time of collection, or for a purpose a reasonable person would consider appropriate in the circumstances, consistent with British Columbia's Personal Information Protection Act (PIPA).

04Legal Basis & Consent

• We collect, use, and disclose personal information based on your consent, which may be express or implied depending on the sensitivity of the information and the circumstances, in accordance with PIPA.
• Where you use the Services through an organization's account, that organization may provide consent on behalf of its Authorized Users for certain purposes related to the organization's use of the Services, consistent with applicable law.
• You may withdraw consent for certain uses of your personal information, subject to legal or contractual restrictions and reasonable notice, by contacting us at support@pixelmind.ca. Withdrawing consent may limit or prevent your ability to use certain features of the Services.

05Disclosure of Personal Information

We do not sell personal information. We may disclose personal information to:

• Service providers who perform services on our behalf, such as hosting, analytics, customer support, and payment processing, under contractual obligations to protect the information and use it only for the purposes we specify;
• Your organization, where you access the Services under an organization's account — relevant account and usage information may be visible to administrators of that account;
• Legal & safety purposes, where required by law, regulation, court order, or to protect the rights, property, or safety of Pixelmind, our Users, or others;
• Business transfers, in connection with a merger, acquisition, financing, or sale of assets, subject to reasonable confidentiality protections.

06Data Storage & Security

• We implement reasonable administrative, technical, and physical safeguards designed to protect personal information against unauthorized access, use, disclosure, alteration, or destruction, appropriate to the sensitivity of the information.
• No method of transmission or storage is completely secure. While we work to protect personal information, we cannot guarantee absolute security.
• Personal information may be stored or processed on servers located inside or outside of Canada. Where information is transferred outside of Canada, it may be subject to the laws of the jurisdiction in which it is stored, including potential access by government authorities in that jurisdiction.

07Data Retention

We retain personal information for as long as necessary to fulfill the purposes described in this Policy, to comply with our legal and contractual obligations, and to resolve disputes, after which it is securely deleted or anonymized, except where longer retention is required by law.

08Your Rights

Subject to applicable law, including PIPA, you may have the right to:

• Request access to the personal information we hold about you;
• Request correction of inaccurate or incomplete personal information;
• Withdraw consent to certain uses of your personal information, as described in Section 4;
• Request information about how your personal information has been used or disclosed.

To exercise any of these rights, contact us at support@pixelmind.ca. We may need to verify your identity before responding, and we will respond within the timeframes required by applicable law.

09Cookies & Similar Technologies

The Services may use cookies and similar technologies to maintain sessions, remember preferences, and understand usage patterns. You can control cookies through your browser settings; disabling cookies may affect the functionality of the Services.

10Children's Privacy

The Services are not directed to individuals under the age of majority in their province of residence, and we do not knowingly collect personal information from children. If we become aware that we have inadvertently collected personal information from a child, we will take reasonable steps to delete it.

11Changes to This Policy

We may update this Policy from time to time. If changes are material, we will provide reasonable notice, such as by posting a notice within the Services or updating the "Last updated" date above. Continued use of the Services after changes take effect constitutes acceptance of the updated Policy.

12Governing Law

This Policy is governed by, and interpreted in accordance with, the laws of the Province of British Columbia and the applicable federal laws of Canada, including the Personal Information Protection Act (PIPA) and, where applicable, the Personal Information Protection and Electronic Documents Act (PIPEDA).

13Contact Us

Questions, concerns, or requests regarding this Policy or our handling of personal information can be directed to support@pixelmind.ca.