Welcome to PixelKraft LLC (“Company,” “we,” “our,” or “us”). By accessing or using our website, services, or any digital materials created or maintained by us (“Services”), you agree to be bound by the following Terms of Use. If you do not agree with any part of these terms, you may not access or use our Services.
1. Use of Services
PixelKraft LLC provides web design, development, and related digital services. All Services are provided “as is” and “as available.” We reserve the right to refuse service, terminate accounts, or cancel projects at our discretion.
2. Client Responsibilities
Clients are solely responsible for:
- Providing all necessary content, images, branding, and materials;
- Ensuring that any submitted materials do not infringe upon third-party intellectual property rights;
- Obtaining proper licenses and permissions for any content used in their projects.
PixelKraft is not liable for any content provided by clients or third parties.
3. Intellectual Property
Unless otherwise specified in writing:
- PixelKraft LLC retains ownership of all design, code, frameworks, and creative work until full payment is received.
- Upon full payment, clients are granted a non-exclusive, non-transferable license to use the final deliverables for their intended business purposes.
- PixelKraft reserves the right to showcase completed projects in our portfolio unless otherwise agreed upon.
Use of publicly available design templates, themes, or frameworks does not grant exclusivity to any client.
4. Third-Party Materials
PixelKraft may use third-party tools, plugins, or assets (e.g., themes, stock photos) as part of a project. These assets remain subject to their respective third-party licenses. Clients are responsible for adhering to those license terms.
5. No Exclusivity or Conflict Restriction
Unless explicitly stated in a written agreement, PixelKraft LLC does not offer exclusivity to any client and may work with other businesses, including those in the same or similar industries.
We are not responsible for competitive similarities resulting from the use of common templates, layouts, or industry standards.
6. Limitation of Liability
To the fullest extent permitted by law:
- PixelKraft LLC shall not be liable for any indirect, incidental, consequential, or punitive damages.
- Our total liability for any claim related to the use of our Services shall not exceed the total amount paid to us by the client in the preceding 12 months.
Clients waive any claim against us for damages related to third-party misuse, replication, or unauthorized copying of their site or content.
7. Indemnification
Clients agree to indemnify, defend, and hold harmless PixelKraft LLC and its affiliates, officers, employees, and agents from any claims, liabilities, damages, or expenses arising from:
- Content provided by the client;
- Infringement claims related to materials submitted to us;
- Breach of these Terms.
8. Termination
PixelKraft LLC may terminate access to its Services or cancel a client relationship at any time for violation of these Terms or for any other reason. Upon termination, all unpaid balances become immediately due.
9. Governing Law
These Terms shall be governed and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the state and federal courts located in Collin County, Texas.
10. Changes to These Terms
PixelKraft LLC reserves the right to modify or update these Terms of Use at any time. Continued use of our Services after changes constitutes acceptance of the new terms.
11. Attribution and Footer Credit
Unless otherwise agreed in writing, PixelKraft LLC reserves the right to include a small, non-intrusive footer credit (e.g., “Website by PixelKraft”) on any website or digital product we design or develop. This credit serves as a professional acknowledgment and a reference to our work.
Clients may request the removal of this credit. In some cases, removal may be subject to a reasonable fee, which will be determined based on factors such as the scope and cost of the project, and at our discretion. We are happy to consider each request on a case-by-case basis and aim to be flexible and fair in our approach.
Contact
For questions about these Terms, please contact:
PixelKraft LLC
[email protected]