The short version
- These terms cover our website, our services and Skala AI. Client work is also governed by your signed agreement, which takes priority.
- Marketing depends on many factors outside our control, so we don’t guarantee specific results.
- You’re responsible for your content, your offers and the consent of the people you message.
- Florida law applies. If something goes wrong, we’ll try to resolve it directly with you first.
01Agreement to these terms
These Terms of Service (“Terms”) govern your use of pixelcreativeagency.com (the “Site”), the services provided by Pixel Creative (“Pixel Creative”, “we”, “us”) and the Skala AI platform (together, the “Services”). By using the Services, you agree to these Terms. If you use the Services on behalf of a company, you confirm that you have authority to accept these Terms for it.
02Our services and your client agreement
We provide growth marketing services, including paid media, websites and funnels, AI automation, retention, creative and reputation management, and access to Skala AI. Each client engagement is described in a proposal, statement of work or services agreement (the “Client Agreement”). If the Client Agreement conflicts with these Terms, the Client Agreement controls.
03Using the website
You may use the Site for lawful purposes only. You agree not to interfere with the Site, attempt to access it without authorization, scrape it in bulk, or use it to send spam or harmful content.
04Skala AI accounts
Clients receive access to Skala AI as part of their engagement. You are responsible for keeping your login credentials secure and for all activity under your account and your users’ accounts. You agree not to use Skala AI to send unsolicited or unlawful messages, to violate the rules of carriers, messaging platforms or advertising platforms, or to store or share unlawful content. We may suspend access if we reasonably believe these Terms are being violated.
Skala AI relies on third-party technology, including platforms such as HighLevel and Stripe, and certain features may be subject to their terms. Access ends when your engagement ends, unless agreed otherwise. Before it does, you can request an export of your data as described in your Client Agreement.
05Messaging and compliance
When we send calls, texts, emails or automated messages on your behalf, you are responsible for making sure you have the consent required by law, including under the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act and similar laws, for keeping registration information accurate (for example, for A2P 10DLC texting), and for honoring opt-out requests. We provide tools to help, but compliance for your contacts and your messages remains your responsibility.
06Text messages from Pixel Creative
If you opt in, Pixel Creative may send text messages about your inquiry, appointments and our services. Message frequency varies. Message and data rates may apply. Reply STOP to cancel at any time and HELP for help, or contact [email protected]. Carriers are not liable for delayed or undelivered messages. Consent is not a condition of purchase. See our Privacy Policy for how we handle your information.
07Fees and payment
Fees, including any monthly retainer and one-time implementation fee, are set out in your Client Agreement. Unless stated otherwise, advertising spend is paid directly by you to the advertising platforms and is not included in our fees. Late payments may result in paused work or suspended access. Fees do not include taxes, which you are responsible for where applicable.
08No guaranteed results
Marketing results depend on many factors outside our control, including platform algorithms and policies, market conditions, your offer, pricing, budget and cooperation. Any projections or examples are estimates, not guarantees. Advertising and messaging platforms may reject content, change their rules or restrict accounts at their discretion.
09Your content and approvals
You grant us a license to use the materials you provide, such as logos, images, copy, data and access to your accounts, as needed to deliver the Services. You confirm that you have the rights to those materials and that the claims in your offers and advertising are accurate and lawful. Where your approval is needed, delays in approvals may affect timelines.
10Intellectual property
The Site, Skala AI and our pre-existing materials, including software, templates, workflows, frameworks and know-how, belong to Pixel Creative or its licensors. Once paid in full, you own the final deliverables created specifically for you, as described in your Client Agreement. We keep the right to use our general skills, knowledge and non-client-specific tools. We will only feature your name or work in our portfolio with your permission.
11Confidentiality
Each party will keep the other’s non-public business information confidential and use it only to perform the engagement, except where disclosure is required by law.
12Third-party services
The Services work with third-party platforms, such as advertising networks, messaging providers and payment processors. We are not responsible for their availability, decisions or changes, and your use of them may be subject to their own terms.
13Disclaimers
Except as expressly stated in your Client Agreement, the Services are provided “as is” and “as available”, without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement.
14Limitation of liability
To the maximum extent permitted by law, Pixel Creative will not be liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data. Our total liability for any claim related to the Services is limited to the fees you paid us in the three (3) months before the event giving rise to the claim, or one hundred U.S. dollars (US$100) if you have not paid us fees.
15Indemnification
You agree to defend and indemnify Pixel Creative against claims arising from your content, your offers and advertising, your messaging to your contacts, or your violation of these Terms or the law.
16Termination
We may suspend or end access to the Site or Skala AI if these Terms are violated. The termination of client engagements is governed by your Client Agreement. Sections that by their nature should survive termination will survive.
17Governing law and disputes
These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law rules. Before filing any claim, both parties agree to try to resolve the dispute informally for 30 days by contacting the other in writing. Any dispute that is not resolved will be brought exclusively in the state or federal courts located in Miami-Dade County, Florida.
18Changes to these terms
We may update these Terms from time to time. We will change the “Last updated” date at the top, and continued use of the Services after changes take effect means you accept them.
19Language
These Terms are available in English and Spanish. If there is any conflict between the two versions, the English version controls.
20Contact us
Pixel Creative, 32-50 NE 1st Ave, Suite 1111, Miami, FL 33132, United States
Email: [email protected]
Phone: +1 305-850-2830