Terms of Service

PixelMakers Studio SRL Effective Date: March 31, 2026

These Terms of Service ("Terms") constitute a legally binding agreement between PixelMakers Studio SRL, a company registered in Romania with its registered office at Aleea Vitioarei 3, Ploiesti, Romania ("PixelMakers," "we," "us," or "our"), and the individual or entity subscribing to or using our services ("Client," "you," or "your").

By subscribing to, accessing, or using any PixelMakers service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are agreeing on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

1. Definitions

"Platform" means the PixelMakers managed infrastructure platform, including hosting, content delivery, databases, storage, email, video hosting, AI services, background jobs, realtime capabilities, and all related services described in Section 3.

"Maintenance Plan" means the ongoing technical care subscription described in Section 4, including error monitoring, bug fixes, performance improvements, SEO maintenance, dependency updates, and related services.

"Project" means a specific scope of work agreed upon in a separate project proposal or statement of work for design, development, or migration services.

"Services" means, collectively, the Platform, Maintenance Plans, and any associated usage-based services provided by PixelMakers.

"Client Data" means all data, content, files, databases, media, source code, and other materials that you upload, store, transmit, or process through the Platform.

"Subscription" means a recurring payment arrangement for Platform hosting or Maintenance Plan services at a specified tier.

"Usage-Based Services" means services billed according to actual consumption, including but not limited to background jobs, email sending, video hosting, AI services, managed PostgreSQL, realtime sessions, WhatsApp and SMS messaging, and overages beyond plan limits.

2. Services Overview

PixelMakers provides two categories of recurring services governed by these Terms:

Managed Platform — Infrastructure hosting built on Cloudflare and Google Cloud, providing everything a web platform needs to operate, including global CDN, DDoS protection, custom domains, SSL certificates, managed databases, file storage, email, video hosting, AI services, background jobs, realtime capabilities, automatic backups, managed deployments, and secrets management.

Maintenance Plans — Ongoing technical care for platforms built or maintained by PixelMakers, including proactive error monitoring, bug fixes, security updates, Technical SEO maintenance, dependency updates, performance improvements, and general technical support.

These Terms apply to both categories and to all usage-based services consumed in connection with them.

3. Platform Services

3.1 Platform Plans

The Platform is offered in three tiers: Starter, Growth, and Scale. Each tier includes a defined allocation of requests, storage, image optimizations, key-value storage reads, and managed SQLite capacity. All tiers include custom domain configuration, SSL certificate provisioning and renewal, global CDN, DDoS protection, automatic backups, managed deployments, and secrets management.

Current plan details and pricing are published at pixelmakers.com/platform/pricing and are incorporated by reference into these Terms. We reserve the right to update plan features and pricing as described in Section 12.

3.2 Usage-Based Services

Beyond the base platform plan, additional services are available on a pay-per-use basis. These include:

• Background Jobs - Scheduled and on-demand processing, billed per second of active execution across four compute tiers (Micro, Small, Medium, Large). Queue wait time is never billed.
• Email - Transactional and marketing email sent from your platform, billed per email.
• Video Hosting - Storage and delivery of hosted video content, billed per stored minute per month and per delivered minute.
• AI Services - Language model inference (Flash and Pro tiers), text embeddings, vector search, search grounding, text-to-speech, speech-to-text, and voice dubbing, billed per unit of consumption.
• Managed PostgreSQL - Full relational database service, billed per compute hour and per gigabyte of storage per month.
• Realtime - Persistent connections for live data, billed per active session and per stateful event.
• Dedicated Compute - Managed virtual machines, billed monthly per tier.
• WhatsApp and SMS - Messaging services, billed per message and per phone number provisioned.
• Key-Value Storage - Reads, writes, and storage beyond plan limits, billed at published overage rates.
• SQLite - Rows written and storage beyond plan limits, billed at published overage rates.

Usage-based charges are calculated at the end of each billing period based on actual consumption.

3.3 Overages

If your usage exceeds the capacity included in your Platform plan, overages are billed at the rates published on our pricing page or in the Studio Customer Portal. There are no penalty rates. Overage pricing is proportional and transparent.

3.4 Uptime and Availability

We make commercially reasonable efforts to maintain high availability of the Platform. Our infrastructure is built on Cloudflare and Google Cloud Platform, both of which maintain their own service level commitments. While we strive for continuous availability, we do not guarantee uninterrupted or error-free operation. Scheduled maintenance windows will be communicated in advance when reasonably possible.

3.5 Backups

The Platform includes automatic backups of your data. Backup frequency depends on your plan configuration (daily or hourly). While we take reasonable precautions to protect backup data, backups are provided as a convenience and do not replace your own data retention practices. You are responsible for maintaining independent backups of any data that is critical to your business.

3.6 Security

We implement industry-standard security measures to protect the Platform and Client Data, including:

• Encryption of sensitive credentials using Google Cloud Key Management Service (KMS)
• SSL/TLS encryption for all data in transit
• DDoS protection on all plans
• Secrets management for API keys and sensitive configuration
• Access control through scoped API keys and role-based permissions
• Rate limiting on API endpoints

You are responsible for the security of your own account credentials, API keys, and access tokens, and for ensuring that your applications do not introduce vulnerabilities.

3.7 Custom Domains and DNS

You may configure custom domains for your platform. We provision and automatically renew SSL certificates for all configured domains. DNS verification is required for custom domain setup and may involve adding CNAME, TXT, or A records to your DNS configuration. You are responsible for maintaining ownership and control of any domains you use with the Platform.

4. Maintenance Plans

4.1 Plan Tiers

Maintenance Plans are offered in three tiers:

• Starter - 5 hours of maintenance per month, standard email support.
• Growth - 15 hours of maintenance per month, priority Slack support.
• Scale - 30 hours of maintenance per month, highest priority with direct support channel.

4.2 Scope of Maintenance

Maintenance services include error monitoring, bug fixes, SEO technical maintenance, dependency and security updates, performance improvements, and maintenance recommendations. Growth and Scale tiers include additional services such as priority bug triage, Search Console monitoring, proactive issue resolution, and strategic technical reviews.

Maintenance does not include new feature development, major redesigns, or work outside the scope of the existing platform. Such work is scoped and priced separately as a Project.

4.3 Hours and Overage

Included maintenance hours are allocated per billing period. Unused hours do not roll over to subsequent periods. Overage rates vary by plan and are published on our pricing page. Maintenance is also available on a pay-as-you-go basis without a subscription, billed at $90 USD or €75 EUR per hour. We will notify you before performing work that would exceed your included hours, except in cases of urgent security or availability issues.

4.4 Combined Billing

Platform hosting and Maintenance Plans are separate subscriptions, each selected independently at the tier that fits your needs. You may combine any Platform plan with any Maintenance Plan tier. All active subscriptions and usage-based charges are consolidated into a single monthly invoice.

4.5 Support Channels and Response Times

Support is provided through the channel specified by your plan tier (email for Starter, Slack for Growth, direct channel for Scale). We make reasonable efforts to respond promptly, with priority given to higher-tier plans. Maintenance plans do not include guaranteed response times unless separately agreed in writing.

5. Billing and Payment

5.1 Billing Currency

We bill in USD, EUR, or RON, based on your preference at the time of subscription. Currency selection applies to your entire account and may be changed upon request, effective from the next billing period.

5.2 Billing Cycle

Platform and Maintenance subscriptions are billed monthly, as selected at the time of subscription. Usage-based charges are calculated at the end of each billing period and included in the subsequent invoice.

5.3 Payment Methods

We accept payment by credit or debit card (processed through Stripe) and by bank transfer. For clients in Romania, invoices are issued through e-invoice in compliance with Romanian fiscal regulations. All payment processing is handled by third-party payment processors, and we do not directly store your full payment card details.

5.4 Invoice Terms

Invoices are due within seven (7) calendar days of issuance, unless a different payment term has been agreed in writing. You will receive a single, itemized invoice covering both subscription fees and any usage-based charges for the billing period.

5.5 Late Payment

If payment is not received by the due date, we may send a reminder notice. If payment remains outstanding for more than fourteen (14) calendar days past the due date, we reserve the right to suspend access to the Platform and Maintenance services until the balance is paid in full. Suspension does not relieve you of the obligation to pay outstanding amounts.

We will provide at least seven (7) calendar days' notice before suspending services due to non-payment, except in cases of suspected fraud or abuse.

5.6 Taxes

All prices are exclusive of applicable taxes unless stated otherwise. You are responsible for any value-added tax (VAT), sales tax, withholding tax, or other taxes or duties imposed by applicable law. For clients within the European Union, VAT will be applied in accordance with applicable EU VAT regulations. Clients with a valid EU VAT number may qualify for reverse charge treatment.

5.7 Refunds

Subscription fees are non-refundable once a billing period has commenced, except where required by applicable law. If you cancel a subscription mid-period, you retain access to the service for the remainder of that billing period. Usage-based charges reflect actual consumption and are non-refundable.

6. Client Data and Intellectual Property

6.1 Ownership of Client Data

You retain all rights, title, and interest in your Client Data. We do not claim any ownership rights over your data, source code, content, or intellectual property. We access Client Data only to provide, maintain, and improve the Services, or as required by law.

6.2 Code Ownership

For platforms built by PixelMakers, the source code belongs to you. Your code is stored in your GitHub repository, and you maintain full access at all times. We do not use proprietary frameworks or tools that create dependency. If you terminate your relationship with PixelMakers, you retain complete ownership of and access to all source code.

6.3 Data Portability

Your data is exportable at any time. If you choose to migrate away from the Platform, we will provide reasonable assistance in exporting your data in standard, usable formats. We do not impose exit fees or take measures to impede data portability.

6.4 Data Processing

We process Client Data solely for the purpose of providing the Services. Client Data may be stored and processed using the infrastructure of our sub-processors (see Section 7). We do not sell, rent, or share Client Data with third parties for marketing purposes.

6.5 License Grant

You grant PixelMakers a limited, non-exclusive, worldwide license to host, store, transmit, process, display, and distribute your Client Data solely as necessary to provide the Services. This license terminates when you delete your data or terminate your account, subject to any reasonable backup retention period.

6.6 PixelMakers Intellectual Property

All intellectual property in the Platform itself, including its architecture, user interface, tools, documentation, and underlying technology, remains the exclusive property of PixelMakers. These Terms do not transfer any PixelMakers intellectual property rights to you.

7. Third-Party Services and Sub-Processors

7.1 Infrastructure Providers

The Platform is built on and relies upon the following third-party infrastructure and service providers:

• Cloudflare - Content delivery network, DDoS protection, edge computing, DNS, Workers, R2 object storage, KV storage, D1 databases.
• Google Cloud Platform - Key Management Service (KMS) for encryption, virtual machine provisioning, identity, and access management.
• Neon - Managed PostgreSQL database hosting.
• Stripe - Payment processing, subscription management, and invoicing.
• Twilio - SMS and WhatsApp messaging services, phone number provisioning.
• Resend - Transactional and marketing email delivery.
• Trigger.dev - Background job scheduling and execution.
• GitHub - Source code hosting and deployment integration.
• Clerk - Authentication and user management.
• SmartBill - Invoicing for Romanian clients.

7.2 Sub-Processor Changes

We may add or change sub-processors from time to time to improve or maintain the Services. Material changes to sub-processors that affect data processing will be communicated to affected clients. If a sub-processor change materially affects your use of the Services, you may terminate your subscription as described in Section 9.

7.3 Third-Party Terms

Your use of certain Platform features may be subject to the terms and conditions of the underlying third-party providers. For example, email delivery is subject to Resend's acceptable use policies, and messaging services are subject to Twilio's acceptable use policies. We will make reasonable efforts to inform you of any third-party terms that materially affect your use of the Services.

8. Acceptable Use

8.1 Permitted Use

The Services are intended for lawful business purposes, specifically for operating and maintaining web platforms, applications, and related digital properties.

8.2 Prohibited Use

You agree not to use the Services to:

• Violate any applicable law, regulation, or third-party right.
• Transmit, store, or process content that is illegal, harmful, threatening, abusive, defamatory, or otherwise objectionable under applicable law.
• Distribute malware, viruses, or other malicious code.
• Conduct or facilitate phishing, spam, or unauthorized bulk messaging.
• Attempt to gain unauthorized access to the Platform, other clients' data, or the systems of our infrastructure providers.
• Interfere with or disrupt the integrity or performance of the Platform.
• Mine cryptocurrency or run other resource-intensive computations not related to your platform's operation.
• Resell or redistribute Platform services without prior written consent.
• Use AI services to generate content that violates applicable law or the acceptable use policies of the underlying AI providers.

8.3 Enforcement

We reserve the right to suspend or terminate your access to the Services if we determine, in our reasonable judgment, that you have violated this Acceptable Use section. Where possible, we will provide notice and an opportunity to cure the violation before taking action, except in cases that pose an immediate risk to the Platform, other clients, or our infrastructure providers.

9. Term and Termination

9.1 Term

These Terms are effective from the date you first subscribe to or use any PixelMakers service and remain in effect for as long as you maintain an active subscription or account.

Subscriptions are billed on a month-to-month or annual basis, as selected. There are no long-term contracts unless separately agreed in writing.

9.2 Cancellation by Client

You may cancel your subscription at any time through the billing section of your PixelMakers Studio account or by notifying us in writing (email to hello@pixelmakers.com is sufficient). Cancellation takes effect at the end of the current billing period. You retain access to the Services until the end of the period for which you have paid. No refund is provided for the remaining portion of a billing period that has already commenced.

9.3 Termination by PixelMakers

We may terminate or suspend your access to the Services:

• For material breach of these Terms, after providing seven (7) calendar days' written notice and opportunity to cure (except where the breach poses an immediate security risk or involves illegal activity).
• For non-payment, as described in Section 5.5.
• If required by law or by a court order.
• If we discontinue the Services entirely, with at least ninety (90) calendar days' notice.

9.4 Effect of Termination

Upon termination or expiration of your subscription:

• Your access to the Platform will be deactivated at the end of the current billing period (or immediately in cases of termination for cause).
• Your Client Data will remain available for export for a period of thirty (30) calendar days following the effective date of termination, after which we may delete it.
• Your source code in your own GitHub repository is unaffected by termination and remains fully under your control.
• Any outstanding invoices or usage-based charges remain due and payable.

9.5 Transition Assistance

If you choose to migrate to another provider or bring your platform in-house, we will provide reasonable assistance during the transition, including exporting data in standard formats and answering technical questions about the platform architecture. Transition assistance beyond what is covered by an active Maintenance Plan may be billed at our standard hourly rate.

10. Limitation of Liability

10.1 Limitation

To the maximum extent permitted by applicable law, PixelMakers' total aggregate liability arising out of or in connection with these Terms or the Services, whether in contract, tort (including negligence), strict liability, or otherwise, shall not exceed the total amount paid by you to PixelMakers during the twelve (12) months immediately preceding the event giving rise to the claim.

10.2 Exclusion of Consequential Damages

To the maximum extent permitted by applicable law, in no event shall PixelMakers be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of revenue, loss of data, loss of business opportunity, or cost of procurement of substitute services, regardless of whether such damages were foreseeable or whether PixelMakers was advised of the possibility of such damages.

10.3 Exceptions

The limitations in this section do not apply to: (a) liability arising from PixelMakers' gross negligence or willful misconduct; (b) liability that cannot be excluded or limited under applicable law, including under mandatory consumer protection laws; or (c) PixelMakers' obligations under Section 6 (Client Data and Intellectual Property).

11. Indemnification

11.1 Client Indemnification

You agree to indemnify, defend, and hold harmless PixelMakers, its officers, employees, and contractors from and against any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising out of or related to: (a) your use of the Services; (b) your Client Data; (c) your breach of these Terms; or (d) your violation of any applicable law or third-party right.

11.2 PixelMakers Indemnification

PixelMakers agrees to indemnify, defend, and hold harmless you from and against any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising out of or related to any claim that the Platform itself (excluding Client Data) infringes the intellectual property rights of a third party.

12. Changes to Terms and Pricing

12.1 Changes to Terms

We may update these Terms from time to time. Material changes will be communicated to you via email at least thirty (30) calendar days before they take effect. Your continued use of the Services after the effective date of a change constitutes acceptance of the updated Terms. If you do not agree with a material change, you may cancel your subscription before the change takes effect without penalty.

12.2 Changes to Pricing

We may adjust pricing for Platform plans, Maintenance Plans, and usage-based services. Price changes for subscriptions will be communicated at least thirty (30) calendar days in advance and will take effect at the start of your next billing period following the notice period. Price changes do not affect the current billing period or any prepaid annual subscription until renewal.

13. Privacy and Data Protection

13.1 Privacy Policy

Our collection and use of personal data is governed by our Privacy Policy, available at pixelmakers.com/privacy, which is incorporated by reference into these Terms.

13.2 GDPR Compliance

For clients and end users located in the European Economic Area (EEA), we process personal data in compliance with the General Data Protection Regulation (EU) 2016/679 ("GDPR"). Our infrastructure providers (Cloudflare and Google Cloud) offer EU data residency options. Where you act as a data controller and PixelMakers acts as a data processor with respect to personal data processed through the Platform, the parties will enter into a Data Processing Agreement upon request.

13.3 Data Location

Client Data may be stored and processed in data centers located in the European Union, the United States, and other regions where our infrastructure providers operate. If you have specific data residency requirements, contact us to discuss available configurations.

13.4 Data Breach Notification

In the event of a data breach affecting your Client Data, we will notify you without undue delay and in any event within seventy-two (72) hours of becoming aware of the breach, in compliance with GDPR requirements where applicable. Notification will include, to the extent known, the nature of the breach, the categories and approximate number of records affected, and the measures taken or proposed to address the breach.

14. Confidentiality

14.1 Confidential Information

Each party may have access to information that is confidential to the other party, including but not limited to business plans, technical data, pricing, and Client Data ("Confidential Information"). Each party agrees to use the other party's Confidential Information solely for the purpose of performing its obligations under these Terms and to protect it using the same degree of care it uses to protect its own confidential information, but in no event less than reasonable care.

14.2 Exclusions

Confidential Information does not include information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was known to the receiving party before disclosure; (c) is independently developed without use of the disclosing party's Confidential Information; or (d) is rightfully obtained from a third party without restriction.

14.3 Required Disclosure

A party may disclose Confidential Information if required by law, regulation, or court order, provided that the disclosing party gives the other party reasonable prior notice (where legally permitted) so that the other party may seek protective measures.

15. Warranties and Disclaimers

15.1 PixelMakers Warranties

PixelMakers warrants that: (a) it will provide the Services in a professional and workmanlike manner consistent with generally accepted industry standards; (b) it has the legal right and authority to enter into these Terms and provide the Services; and (c) the Services will materially conform to the descriptions published on our website and in applicable documentation.

15.2 Disclaimer

Except as expressly provided in Section 15.1, the Services are provided "as is" and "as available." To the maximum extent permitted by applicable law, PixelMakers disclaims all other warranties, whether express, implied, or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

We do not warrant that the Services will be uninterrupted, error-free, or free of vulnerabilities. We do not warrant that any defects will be corrected or that the Services will meet your specific requirements beyond what is described in the applicable service documentation.

15.3 Third-Party Services

We make no warranties regarding the performance, availability, or reliability of third-party services integrated with or relied upon by the Platform (including those listed in Section 7). Downtime or service degradation caused by third-party providers is not a breach of these Terms.

16. Force Majeure

Neither party shall be liable for any failure or delay in performing its obligations under these Terms to the extent that such failure or delay results from circumstances beyond the party's reasonable control, including but not limited to natural disasters, acts of war or terrorism, pandemics, government actions, internet outages, failures of third-party infrastructure providers, and power failures. The affected party will make reasonable efforts to mitigate the impact and resume performance as soon as practicable.

17. Dispute Resolution

17.1 Governing Law

These Terms are governed by and construed in accordance with the laws of Romania, without regard to its conflict of law principles.

17.2 Amicable Resolution

The parties agree to attempt to resolve any dispute arising out of or in connection with these Terms through good-faith negotiation. Either party may initiate the dispute resolution process by sending written notice to the other party describing the dispute.

17.3 Jurisdiction

If a dispute cannot be resolved amicably within thirty (30) calendar days of the written notice, either party may submit the dispute to the competent courts of Ploiesti, Prahova County, Romania. Both parties consent to the exclusive jurisdiction of such courts.

17.4 Language

These Terms are drafted in English. In the event of any conflict between the English version and any translation, the English version shall prevail.

18. General Provisions

18.1 Entire Agreement

These Terms, together with any applicable project proposals, statements of work, the Privacy Policy, and any Data Processing Agreement, constitute the entire agreement between the parties with respect to the Services and supersede all prior or contemporaneous agreements, representations, and understandings.

18.2 Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable.

18.3 Waiver

The failure of either party to enforce any provision of these Terms shall not constitute a waiver of that party's right to enforce that provision or any other provision in the future.

18.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. PixelMakers may assign its rights and obligations under these Terms in connection with a merger, acquisition, or sale of substantially all of its assets, provided that the assignee agrees to be bound by these Terms.

18.5 Notices

Notices under these Terms shall be in writing and delivered by email. Notices to PixelMakers shall be sent to hello@pixelmakers.com. Notices to you shall be sent to the email address associated with your account. Notices are deemed received on the date of delivery as shown by the sending party's email system.

18.6 Independent Contractors

The relationship between the parties is that of independent contractors. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship.

18.7 No Third-Party Beneficiaries

These Terms are intended solely for the benefit of the parties and do not confer any rights or remedies upon any third party, except as expressly provided in Section 11.

19. Contact

For questions about these Terms, billing inquiries, or service-related matters:

PixelMakers Studio SRL

Aleea Vitioarei 3, Ploiesti, Romania

Email: hello@pixelmakers.com

Website: pixelmakers.com