PixNova LLC Terms of Service

Effective Date: 09/19/2024

1. Acceptance of Terms

By accessing or using the services provided by PixNova LLC ("PixNova," "we," "us," or "our"), you agree to comply with and be bound by the following Terms of Service ("Terms"). If you do not agree, you may not access or use the Services.
 

2. Modification of Terms and Client Acknowledgment

PixNova LLC reserves the right to modify, update, or change these Terms at any time without prior notice to past or future clients. Such changes will be effective immediately upon posting on our website or distribution to new clients.

Client Agreement to Terms Before Payment:

Before any payment is processed, PixNova LLC will provide access to the current Terms of Service. By proceeding with payment, you acknowledge and agree that you have read, understood, and accepted these Terms, regardless of whether you actually read them. PixNova LLC will not be responsible if you fail to review the Terms before payment.

By submitting payment, you agree that you are bound by the current Terms. Any claim that you did not read the Terms will not exempt you from your legal obligations under this agreement.
 

3. Ownership and Usage Rights

All photographs, videos, and creative works produced by PixNova LLC are the exclusive property of PixNova LLC. By engaging our services, you acknowledge that PixNova retains full legal ownership of all materials, including photographs, videos, and other creative works, unless a separate written agreement is made transferring ownership to the other party.

PixNova's Rights:

PixNova LLC may use any content created for personal or commercial purposes, including but not limited to advertising, marketing, and portfolio displays, without requiring additional permission from the client.

Client's Rights:

Upon full payment, PixNova LLC grants the client a non-exclusive, perpetual license to use the creative works for both personal and commercial purposes. However, PixNova LLC remains the legal owner of the materials, unless ownership is specifically transferred in writing through a separate agreement.

4. Right to Refuse or Cancel Service

PixNova LLC reserves the right to refuse or cancel services at any time, for any reason, without prior notice.

Client-Caused Cancellations:

If a cancellation occurs due to client actions, no refunds will be issued, and any outstanding balance for services rendered will remain due. PixNova LLC may pursue legal action to recover these costs.

PixNova-Caused Cancellations:

If PixNova LLC cancels a project for reasons unrelated to client actions, we may issue a partial refund based on the work completed, but this is solely at our discretion.
 

5. Limitation of Liability and Agreement Not to Sue

By agreeing to these Terms, you agree that any disputes or claims must be made directly against PixNova LLC, and not against any individual employees, contractors, or representatives of PixNova.

Agreement Not to Sue:

You waive your right to bring any legal action against PixNova LLC or its employees, except in cases where PixNova LLC has directly violated your legal rights or caused damage due to proven negligence or misconduct. Claims related to incidental or consequential damages are waived.
 

6. Property Transfer and Retention

By providing any property (physical, intellectual, or digital) to PixNova LLC, whether through verbal or written communication, you acknowledge that the property is permanently transferred to PixNova LLC.

Permanent Transfer of Ownership:

You agree that any property transferred to PixNova LLC becomes its full and exclusive property, and you waive any future claim of ownership. PixNova LLC may use, retain, or dispose of the property at its discretion.

Discretionary Return:

In certain situations, PixNova LLC may, at its sole discretion, choose to return property. However, this is not guaranteed or implied, and any such decision is made at the company’s discretion.
 

7. Client Responsibility for Damages

You are responsible for any damage caused to PixNova LLC’s property, equipment, or employees due to your actions, negligence, or misconduct.

• If your actions result in damage to PixNova’s property or equipment, you agree to compensate PixNova LLC for repair or replacement costs.

• If harm is caused to PixNova employees due to your actions, you may be held liable for any resulting damages, including legal and medical expenses.

• You agree to compensate PixNova for any loss of business or reputational damage caused by your actions.
   

8. Terms for Businesses, Vendors, and Authorized Representatives

For services provided to businesses, vendors, or representatives acting on behalf of a business, full payment is required upfront before any work begins.

Due to the scale and complexity of business-related projects, this policy ensures both parties' commitment and allows PixNova LLC to allocate the necessary resources.

Failure to provide full payment may result in cancellation of services, and no refunds will be issued once payment has been made, except at PixNova LLC’s sole discretion.
 

9. Exceptions to Terms and Waivers

PixNova LLC reserves the right to waive or modify any of these Terms of Service for select individuals or businesses, based on specific situations or relationships.

Exceptional Circumstances:

In cases where a client is unable to fully agree to these Terms due to financial hardship, legal restrictions, or other valid reasons, PixNova LLC may evaluate and apply exceptions or modifications at its sole discretion. Such exceptions will be determined on a case-by-case basis and will not set a precedent for future projects.
 

10. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the state of Indiana. Any disputes arising from these Terms will be resolved in the courts of Indiana, and you agree to submit to the exclusive jurisdiction of these courts.