Terms of Use (AGB)

Pixalo – Software-as-a-Service for Photographers · As of: February 2026 · Version 1.0

§ 1 Scope of Application

1.1 Provider

These Terms of Use apply to the use of the SaaS platform Pixalo, operated by:

1.2 Scope of Application

These Terms of Use apply exclusively to business operators in the sense of § 14 BGB. The platform is directed exclusively at commercial users (B2B).

Deviating business conditions of the user do not become part of the contract unless Pixalo explicitly agrees to them in writing.

§ 2 Subject Matter of the Contract

2.1 Description of Services

Pixalo provides a technical SaaS platform through which users (hereinafter "Tenant") can in particular:

• Operate photographer online shops
• Provide and sell photos
• Process orders digitally

2.2 Boundaries

Pixalo is explicitly:

• not a marketplace – Pixalo does not mediate transactions
• not a payment service provider – payments run through the Tenant's provider accounts
• not a contractual partner – between the Tenant and their end customers

Pixalo does not guarantee any specific economic success and assumes no warranty for revenues, sales numbers, or customer satisfaction.

§ 3 Registration and Contract Conclusion

3.1 Registration

Use of Pixalo requires registration. The Tenant must provide true and complete details.

3.2 Contract Conclusion

By completing the registration:

• the Tenant accepts these Terms of Use
• enters into a Data Processing Agreement (DPA) pursuant to Art. 28 GDPR
• confirms acknowledgment of the Privacy Notice

The contract is concluded upon confirmation of registration by Pixalo. Pixalo reserves the right to reject registrations without stating reasons.

3.3 Account Security

The Tenant is responsible for keeping their login credentials confidential and is liable for all activities under their account.

§ 4 Scope of Service

4.1 Provision

Pixalo provides the Tenant with:

• the technical platform with the features included in the chosen plan
• storage space according to the booked plan (GB-based)
• basic system functions for operation and security

4.2 Development

Pixalo is entitled to develop, modify, or adapt features, provided that the purpose of the contract is not significantly impaired.

Significant modifications will be communicated to the Tenant in a timely manner.

§ 5 Prices and Billing

5.1 Subscription

Use is on a subscription basis. Billing is monthly or annually according to the selected plan.

Costs are based in particular on:

• booked storage space (GB)
• agreed additional services

5.2 Subscription Payment Processing

Payment for the Pixalo subscription is processed via Stripe. The Tenant authorizes payments via Stripe using the available payment methods.

In the event of failed payments, Pixalo may temporarily restrict access after sending a reminder.

5.3 Price Adjustments

Pixalo reserves the right to adjust prices and rates with a notice period of at least 30 days. In this case, the Tenant has a special right of termination.

§ 6 Payment Processing by Tenants

6.1 Tenant Payment Providers

Tenants can connect their own payment providers (e.g., Stripe, PayPal, bank transfer) to receive payments from their end customers.

Pixalo exclusively provides the technical interface for this.

6.2 Tenant Responsibility

The Tenant is solely responsible for:

• setting up, managing, and verifying their payment accounts
• compliance with all contractual, legal, and tax obligations
• taxes, invoicing, and accounting
• refunds, chargebacks, and disputes with end customers
• KYC, AML, and compliance requirements of payment providers

6.3 Disclaimer of Liability

Pixalo assumes no responsibility for:

• suspension, restriction, or termination by payment providers
• errors in payment processing
• losses due to chargebacks or fraud
• delays in payouts

§ 7 Fair Use and System Protection

7.1 Principle

Pixalo is designed as a multi-tenant platform. All Tenants are obligated to use the platform fairly and in a resource-friendly manner.

7.2 Unusual Usage

In the event of exceptionally high usage that endangers the stability of the platform or affects other Tenants, Pixalo is entitled to take measures.

Unusual usage is defined in particular as:

• extremely high traffic exceeding standard industry levels
• excessive CPU or resource utilization
• automated access without prior agreement
• usage patterns indicating abuse

7.3 Permissible Measures

In the event of unusual usage, Pixalo may:

• temporarily throttle usage (rate limiting)
• restrict individual functions temporarily
• recommend a plan upgrade
• suspend access temporarily in case of acute danger

Pixalo will inform the Tenant in advance as far as possible and reasonable.

7.4 Additional Costs

If exceptional usage demonstrably causes additional infrastructure costs, Pixalo may offer the Tenant an upgrade or a separate agreement.

Automatic back-billing will not occur without prior notice and consent.

Pending agreement on a suitable solution, Pixalo is entitled to limit usage reasonably to ensure the stability of the platform.

§ 8 Content and Responsibility

8.1 Preview Images

Preview images are provided in reduced resolution and with watermarks.

8.2 Original Images and Downloads

Original files are only available after successful purchase by the end customer.

Download links are active for a maximum of 7 days. After this period, downloads are no longer possible.

8.3 Tenant Responsibility

The Tenant is solely responsible for:

• all uploaded content
• compliance with copyright and image rights
• obtaining necessary consents (especially for minors)
• the lawfulness of publication

Pixalo does not check content for lawfulness. Upon becoming aware of infringements, Pixalo will remove corresponding content and/or suspend access temporarily.

8.4 Legal Duties of the Tenant

The Tenant is obligated to:

• provide a lawful legal notice (Impressum)
• use their own terms (AGB) and privacy policy for their shop
• respect consumer rights (e.g., right of withdrawal)
• fulfill tax obligations (e.g., VAT)
• provide customer support and handle complaints

§ 9 Availability and Maintenance

9.1 Availability Target

Pixalo strives for high platform availability. There is no claim to uninterrupted use.

9.2 Maintenance

Planned maintenance will be conducted outside peak usage times whenever possible and announced in advance.

Immediate maintenance may be necessary for urgent security updates or troubleshooting.

9.3 Force Majeure

Pixalo is not liable for outages caused by force majeure, power failure, network disruption, or third-party actions.

§ 10 Term and Termination

10.1 Term

The contract runs indefinitely or according to the chosen billing period (monthly or annually).

10.2 Ordinary Termination

The Tenant may terminate the subscription at any time at the end of the current billing period.

10.3 Extraordinary Termination

Both parties may terminate without notice for cause. Cause for Pixalo exists in particular in case of:

• repeated or severe violation of these Terms of Use
• payment default of more than 30 days despite reminder
• unlawful content or activities
• insolvency or bankruptcy of the Tenant

10.4 Consequences of Termination

After contract termination:

• the account is deactivated
• personal data is deleted in accordance with the Privacy Notice and DPA, unless legal retention obligations prevent this
• tax-relevant data is archived in accordance with statutory retention periods (up to 10 years)

The Tenant may request data export before contract termination.

§ 11 Liability

11.1 Limitation of Liability

Pixalo is liable without limitation only for damages resulting from intentional or gross negligence, as well as for damages from injury to life, body, or health.

11.2 Simple Negligence

In case of simple negligence, Pixalo is only liable for the breach of essential contractual duties (cardinal duties) and limited to foreseeable, contract-typical damages.

11.3 Maximum Liability Amount

Liability is in any case limited to the amount of fees paid by the Tenant in the 12 months preceding the occurrence of damage.

11.4 Exclusions

Liability is excluded for:

• lost profit
• indirect and consequential damages
• data loss, unless the Tenant has carried out appropriate data backups
• damages caused by content of the Tenant or their end customers

11.5 Indemnification

The Tenant indemnifies Pixalo against all third-party claims arising from content, actions, or omissions of the Tenant.

§ 12 Data Protection

Processing of personal data is carried out in accordance with:

• Privacy Notice
• Data Processing Agreement (DPA)

The DPA is bindingly concluded upon registration.

§ 13 Modification of the Terms of Use

Pixalo reserves the right to modify these Terms of Use with a reasonable notice period (at least 30 days).

Modifications will be communicated via email or the platform. If the Tenant does not object within 30 days and continues to use the platform after the changes take effect, the changes are deemed accepted.

In case of significant changes, the Tenant has a special right of termination.

§ 14 Miscellaneous

14.1 Governing Law

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

14.2 Jurisdiction

Jurisdiction is – as far as legally permissible – the registered office of Cloudox – Pixalo Division (Duisburg).

14.3 Severability

If individual provisions are or become invalid, the validity of the remaining provisions remains unaffected. The invalid provision will be replaced by a valid one that comes closest to the economic purpose.

14.4 Text Form

There are no verbal side agreements. Modifications must be in text form.