This Agreement (“Agreement”) provides the Terms and Conditions under which Pixl Inc. (dba bizApps)
(“Pixl”) will provide the Customer, the Services.
bizApps™ is a trademark of Pixl Inc. bizApps is a suite of products. bizApps™ software and all its
applications are copyrighted by Pixl Inc., 1997, All Rights Reserved. You may not use this software other than
as expressly permitted, nor permit any other person to use it.
By clicking “I Agree” or using the account, you accept and agree to be bound by these Terms and Conditions.
The word Customer is referred to you as the end user of our Services and anyone else you authorize to access the services
as an end-user (collectively, “you” or the “CLIENT”).
The term Services is referred to the use of bizVideo™ (“bizVideo”). bizVideo is a web
based application that helps you to build, deliver and track your video marketing campaigns.
These Terms and Conditions constitute a legally binding contract between Pixl and the Customer. Please read these Terms
and Conditions carefully.
Once you log into your account, the Agreement is available for viewing at all times in My Profile screen located under
the Home menu. Customer is responsible for periodically reviewing the Agreement. Pixl reserves the right to modify
this Agreement at any time, with no notice to the Customer.
Customer hereby grants Pixl a non-exclusive, worldwide right to use their name and logo in reference to the Service.
Refer to our Privacy Policy for information about how we use the information. To view, go to Privacy Policy link on
our website, www.bizApps4me.com.
Pixl will not be liable for any failure to make available or to provide access to any services due to
technological failure or any cause outside the control of Pixl including natural disasters, acts of god, terrorism,
or malicious attacks.
Pixl will not be liable to Customer for any direct, indirect, special, incidental, consequential, punitive, or
exemplary damages of any kind, including lost revenues or profits, loss of business or loss of data, arising out
of or in connection with this Agreement or the Services provided hereunder. Maximum liability of Pixl arising out of
or relating to this agreement shall not exceed the amounts paid by the Customer to Pixl for the last one month of
Service.
The Service is provided "as is" and Pixl makes no warranties, express or implied, including the warranties of the
merchantability, fitness for the particular purpose, title, non-infringement or otherwise with respect to its Service.
Customer agrees to indemnify and hold harmless Pixl, its successors, officers, directors, employees, and agents from
and against any and all claims, actions, demands, costs, liabilities and expenses (including reasonable legal and
accounting fees) arising or resulting from the use of the services.
We reserve the right to accept, refuse, or limit your order for any reason including (but not limited to) credit card /
payment clearance, errors in product descriptions and / or prices.
We reserve the right to terminate / suspend your account at any time, with no refund, due to the following:
1. Material breach of our agreement
2. Violations of our Usage Policies listed below
3. Violations of our Billing Terms listed below
Customer agrees that only Pixl shall have the right to alter, maintain, enhance or otherwise modify the Software.
Customer shall not disassemble, decompile, or reverse engineer the Software’s computer program. Customer will
not try to steal pixl’s or another customers’ data or hack into our systems for disrupting normal operations.
This Agreement shall be governed by the laws of United States, the State of Virginia, under the jurisdiction of
the Loudoun County courts.
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by
any court of competent jurisdiction then such Term or condition shall be severed and the remaining Terms and
Conditions shall survive and remain in full force and effect and continue to be binding and enforceable .
You must comply at all times with our Usage Policy. We reserve the right to update the policy without any notice.
If you breach our Usage Policy, we are entitled to terminate your account without a refund. In case of termination
due to usage policy violation, the Customer is still liable for the full purchase price.
Outgoing emails being sent through our Service are scanned for viruses. If a virus is detected, the email message
will be deleted. We will not be liable to any party for any direct, indirect, special or other consequential
losses due to viruses. The emails must be compliant with the US CAN-SPAM Act. If we receive a complaint
against an email you have sent, you will be expected to deal with these complaints promptly. Excessive
complaints may lead to termination of your account, without refund. Additionally, we reserve the right to charge
for our time, system resources and any associated costs incurred dealing with complaints received from emails you sent.
Our network and systems may be used only for lawful purposes. Transmission, distribution or storage of any material
in violation of any applicable law or regulation is prohibited. This includes, without limitation, material
protected by copyright, trademark, trade secret or other intellectual property rights used without proper
authorization, and material that is obscene, defamatory, constitutes an illegal threat or violates export control laws.
We reserve the right to limit the rate of transmission for large volumes, in order to avoid a detrimental
effect on the stability, performance, and availability of our systems.
You must ensure your emails have valid return paths and you must be able to receive email to those addresses.
In the event an ISP blacklists our servers due to emails sent from your account, we reserve the right to suspend
your account until the issues can be resolved.
Sending emails to many invalid addresses could result in our servers being blacklisted. As a service to you, when
we detect invalid emails, we block them from being sent again unless they have been confirmed as valid emails.
If after confirmation the email still fails, we block it.
If you provide your username and password to a third party and that party is responsible for any violation of the
usage policy, the violation will be considered to be your responsibility. We reserve the right to terminate your
account for such violations, without refund.
Violation of system or network security is prohibited and may result in criminal and civil liability.
We will investigate incidents involving such violations and may involve and will co-operate with law enforcement
if a criminal violation is suspected. Examples of system or network security violations include (but are not limited to):
- Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test
the vulnerability of our systems and / or networks or to breach security or authentication measures.
- Interference with service to any user, host or network including, but not limited to, mail-bombing,
packet flooding, deliberately overloading a system, broadcast attacks, sending viruses / infected files,
forging of any TCP-IP packet header or any part of the header information.
We have the right to change our prices at any time. Changes will become effective in the next billing cycle.
We will provide you with a reasonable prior notice of any changes in prices.
All payments are made through credit or debit cards. Stripe is the payment gateway that Pixl uses for
processing the payments. By signing / accepting this agreement Customer also agrees to abide by terms
and conditions for Stripe. Refer to Stripe Terms and Conditions - https://stripe.com/us/checkout/legal.
By providing your credit card information, you represent and warrant that you are the person whose name appears
on the credit card, that you are authorized to use the credit card that you have a sufficient unused credit
limit to cover any charges that may be made. The information you provide is correct, and that you will notify us
if there is any change. You further make each of these representations and warranties each time you have a
transaction that will be paid through Auto Bill.
Change Of Credit Card. You must notify Pixl of any change in your credit card number or expiration date to have
your bill paid using your new card. To update your credit card, please LOG IN to your account. After you log in,
click on the Buy More or Make Payment button. Under the Payment section, click on the Pay with Card button
and follow the process to save your latest credit card information.
Auto Bill.
You agree to have Pixl automatically charge your credit card every month for selected purchases.
Revocation of Auto Bill.
You have the right to revoke Pixl’s authorization to automatically charge your designated credit card for
payments owed for services. To cancel automatic payments, please LOG IN to your account. After you log in,
click on Billing Review button in the Dashboard screen. Remove any items that you do not want
auto billed. You will then be responsible for making payments online prior to accessing your account.
The full purchase price is due at the start of the service. If payment is not received by the due date,
the late payment penalty will apply. If payment is not received by Pixl, Pixl reserves the right to halt
the Service until the payment is made. In case of a halt in Service, the Customer is still liable for the full
purchase price and the term of Service remains the same, with no extension. Additionally, we reserve the right
to charge for our time, legal and collection fees and any associated costs incurred in trying to collect the full
purchase price.
Disputes and charge backs.
All disputes and charge backs are limited to thirty (30) days. Maximum liability of Pixl for any dispute
shall not exceed the amounts paid by the Customer to Pixl for the last one month of Service.
Refund Policy.
The refund policy is applicable only to the new Customers. There is no refund for the services two weeks after
the new Customer completes the first purchase. All payments are due prior to commencing service under the chosen
plan and are non-refundable except as described hereinabove. Customer agrees to pay the total purchase price
for the term of Service. Customer may not cancel this Agreement before expiration of the term of Service except
for new Customer as described hereinabove.
Unable To Process Payment.
Should the payment be returned, Pixl holds the right to charge you a $50 rejected transaction fee. You will
be responsible for all costs of collection including attorney fees.