Terms of Service (United States)
Welche Fassung gilt für Sie? Die Fassung des Landes, in dem Ihr Unternehmen seinen Sitz hat. Sie wird bei der Registrierung festgelegt.
Für alle Fassungen gilt deutsches Recht, Gerichtsstand Duisburg.
Pixalo, software as a service for photographers · Effective: September 7, 2026 · Version 1.0 (US)
These Terms apply to customers whose business is established in the United States. They are accepted electronically at registration (checkbox, timestamp, IP address, version). PLEASE READ SECTION 14: IT CONTAINS A CHOICE OF GERMAN LAW AND JURISDICTION AND A CLASS ACTION WAIVER.
1. Who we are and who these Terms apply to
1.1 Provider
These Terms govern your use of the Pixalo platform (the Service), operated by Cloudox, business division Pixalo, Oststrasse 181, 47057 Duisburg, Germany (Pixalo, we, us). The contracting party is Erol Demirkoparan, doing business as Cloudox (sole proprietorship). Email: [email protected].
1.2 Business customers only
The Service is offered to businesses and professionals only (the Customer, you). By registering you represent that you are at least 18 years old, that you use the Service for business purposes and that you have authority to bind the business you register. Your own terms do not apply unless we agree to them in writing.
2. The Service
Pixalo is a technical platform with which photographers organize photo days, match photos to children using QR photo cards, publish access-code protected galleries, sell prints and digital files through their own online store and manage orders, invoices and customer data.
Pixalo is not a photo lab, not a payment processor and not a party to the contracts between you and your customers (parents, schools, clients). We do not guarantee any sales or business result. Pricing, production, delivery, sales tax and customer service are your responsibility.
3. Registration and account
You must register with accurate and complete information, including the country in which your business is established. That country determines which version of these Terms and of the Data Processing Addendum applies. The agreement is formed when we confirm your registration by email. Registration data (email address, timestamp, IP address, accepted document versions) is retained as evidence of the agreement.
You are responsible for keeping your credentials confidential and for all activity under your account. Notify us promptly of any suspected unauthorized use.
4. Scope of the Service and changes
We provide the Service as described on our website and in our documentation, including the photographer app, the online store, galleries, invoicing, lab export and the features included in your plan. We may add, change or discontinue features as long as the essential character of the Service is maintained, and we will give reasonable notice of material changes. Feedback you provide may be used by us without obligation.
5. Fees, billing and taxes
5.1 Subscription
The Service is billed on a subscription basis in advance for the selected billing period (monthly or annually). Fees depend on the storage volume you select and any additional options. The currency shown at checkout applies for the term of the subscription.
5.2 Payment
Fees are charged by our payment provider Stripe to the payment method on file. If a charge fails, we may suspend the Service after a reminder and a reasonable grace period until payment is received. Except as expressly stated in these Terms, fees are non-refundable.
5.3 Taxes
Fees are exclusive of taxes. Where sales tax, use tax or similar taxes apply to the Service in your state, they are calculated and added at checkout. You are responsible for any taxes on your own sales to your customers.
5.4 Price changes
We may change fees and plans with at least 30 days' notice by email. Changes take effect at the start of your next billing period. If you do not agree, you may cancel with effect from the date the change takes effect.
6. Payments between you and your customers
You may connect your own payment providers (Stripe, PayPal) and offer bank transfer or cash on pickup. Payments from your customers go directly to your accounts; Pixalo only provides the technical interface and charges no commission on your sales.
You are solely responsible for the contracts with your customers, the accuracy of your prices, tax rates and business details, invoices to your customers, refunds and chargebacks, and compliance with your payment providers' terms. Pixalo is not liable for disruptions, holds, delayed payouts or fees of payment providers.
7. Acceptable use
Pixalo is a multi-tenant platform. You may not use the Service in a way that jeopardizes its stability or security, including automated mass requests, circumvention of storage limits, distribution of malicious content, infringement of third-party rights, or use for purposes other than photography workflows. We may limit, throttle or suspend affected functions after notice where reasonably possible. Additional costs demonstrably caused by unusual use may be charged after prior notice and agreement.
8. Your content and responsibilities
8.1 Previews and originals
Preview images are delivered in reduced resolution with watermarks. Original files are released to your customers only after a completed order, through the customer account, for the download period you set in your settings (7 to 90 days from the order; default 7 days). After expiry no download is possible. You are responsible for informing your customers about the applicable period and for keeping your own copies of uploaded originals. Pixalo is not an archive service.
8.2 Rights and consents
You are solely responsible for all content you upload or publish, including obtaining the consents and releases required to photograph children and other persons and to publish and sell the images, for complying with school and district policies, for the lawfulness of your galleries and store pages, and for the information you provide to your customers (business information, privacy policy, terms of sale). Pixalo does not review content for lawfulness and may remove content on becoming aware that it is unlawful.
8.3 License to us
You grant Pixalo a non-exclusive, worldwide, royalty-free license to host, store, reproduce, resize, watermark and transmit your content solely as necessary to provide the Service. You represent that you hold all rights required for this license.
8.4 Templates
We may provide non-binding templates and sample texts (for example release forms, privacy policies, terms of sale). They are general examples, not legal advice, and must be reviewed and adapted by you before use. Pixalo makes no warranty that a template is suitable or sufficient for your circumstances or your state.
9. Copyright complaints (DMCA)
We respond to notices of alleged copyright infringement under the Digital Millennium Copyright Act. If you believe that content hosted through the Service infringes your copyright, send a notice containing the information required by 17 U.S.C. § 512(c)(3) to our designated agent at [email protected], subject line "DMCA notice". We may remove or disable access to the content, notify the customer who posted it and terminate repeat infringers. Counter notices may be sent to the same address.
10. Availability and maintenance
We aim for high availability. Planned maintenance is performed outside usual business hours where possible and announced in advance; urgent security updates may be performed at short notice. We are not liable for failures caused by events beyond our reasonable control, including failures of internet infrastructure, power, third-party providers or force majeure.
11. Term and termination
The agreement runs for an indefinite period and the subscription renews automatically for the selected billing period unless canceled. You may cancel at any time with effect from the end of the current billing period in your account. Either party may terminate for cause with immediate effect, in particular for a material breach not cured within 14 days after notice, or insolvency.
After termination your access ends. Personal data is handled as set out in the Data Processing Addendum: data is deleted after the agreement ends unless a legal retention obligation applies; invoice and accounting records subject to retention are made available to you or archived in blocked form for the statutory period. Download your data before the end of the agreement.
12. Disclaimers and limitation of liability
12.1 Disclaimer
EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT PERMITTED BY LAW, PIXALO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. We will remedy reproducible defects in the Service within a reasonable time.
12.2 Exclusion of damages
TO THE FULLEST EXTENT PERMITTED BY LAW, PIXALO WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST SALES, LOSS OF DATA (TO THE EXTENT CAUSED BY YOUR FAILURE TO KEEP COPIES) OR LOSS OF GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12.3 Cap
TO THE FULLEST EXTENT PERMITTED BY LAW, PIXALO'S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE IS LIMITED TO THE FEES PAID BY YOU IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. These limitations do not apply to liability for fraud, willful misconduct or to the extent prohibited by law. Some states do not allow certain limitations; in those states the limitations apply to the maximum extent permitted.
12.4 Indemnity
You will defend, indemnify and hold harmless Pixalo from claims by third parties, including customers, schools and data subjects, arising from your content, your breach of these Terms or your violation of applicable law, including reasonable attorneys' fees.
13. Data protection and children
Where we process personal data on your behalf (children's photos, customer and order data), we act as your service provider under the Data Processing Addendum (US), which is accepted at registration and forms part of this agreement. Our Privacy Policy, including the US addendum, applies to your own account data.
The Service is directed to photographers and to parents and guardians, not to children. Pixalo does not knowingly collect personal information directly from children under 13. Customer accounts in your store are created by adults. You are responsible for obtaining the consents required from parents, guardians, schools or districts before photographing children and publishing their images.
14. Governing law and disputes
14.1 Governing law
These Terms are governed by the laws of the Federal Republic of Germany, without regard to its conflict of law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Your rights and Pixalo's obligations under applicable State Privacy Laws are not affected by this choice of law. The Data Processing Addendum (US) refers to those laws.
14.2 Informal resolution
Before starting court proceedings, either party will send the other a written notice of the dispute and the parties will try in good faith to resolve it within 60 days.
14.3 Jurisdiction
Any dispute arising out of or relating to these Terms or the Service that is not resolved informally will be brought exclusively before the courts of Duisburg, Germany. Pixalo may also bring claims before the courts at your principal place of business. Either party may seek injunctive relief in any court of competent jurisdiction to protect intellectual property or confidential information.
14.4 Class action waiver
YOU AND PIXALO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Claims of more than one customer may not be consolidated.
15. Changes to these Terms
We may change these Terms for legal, regulatory, security or technical reasons or to reflect changes to the Service. We will notify you at least 30 days before changes take effect. Continued use after the effective date constitutes acceptance; material changes to the governing law and disputes clause, the liability provisions or the Data Processing Addendum require your express acceptance in the dashboard. You may cancel with effect from the effective date if you do not agree.
16. General
- Entire agreement: these Terms, the Data Processing Addendum and the plan description are the entire agreement between the parties; written individual agreements prevail.
- Severability: if any provision is unenforceable, the remaining provisions remain in effect and the unenforceable provision is replaced by one that comes closest to its purpose.
- Assignment: you may not assign this agreement without our consent; we may assign it to a successor of our business.
- Notices: notices may be given by email to the addresses on file.
- Export and sanctions: you represent that you are not located in, and will not use the Service from, a country subject to comprehensive US sanctions.
- Language: these Terms are drafted in English; any translation is for convenience only.