Terms of Service
Last updated on April 29, 2026.
Pixelrush is a product of Kleiderer Studios, LLC ("Company," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our websites, online services, applications, and related products (collectively, the "Services"). If you install or use our software, your use is also subject to our End User License Agreement ("EULA"), which is incorporated into these Terms by reference. Our collection and use of personal information is described in our Privacy Policy, which is also incorporated by reference.
These Terms contain a binding individual arbitration provision and a class action waiver in Section 17 that affect your legal rights. Please read them carefully.
1. Acceptance and Eligibility
You must be at least 18 years old and have the legal capacity to enter into a binding contract to use the Services. By using the Services, you represent and warrant that you meet these requirements. If you are accepting these Terms on behalf of a company, organization, or other legal entity, you represent and warrant that you have authority to bind that entity to these Terms, and references to "you" include that entity.
You agree to be bound by these Terms by any of the following actions, each of which independently constitutes your acceptance of these Terms:
- accessing, browsing, or using the Services;
- creating, accessing, or signing in to an Account;
- placing an Order or making any payment to us;
- downloading, installing, or running our software;
- claiming, redeeming, or activating a License;
- continuing to access or use the Services after any updated version of these Terms is posted;
- clicking "I agree," "Accept," or a similar control where presented; or
- otherwise indicating your assent through the Services.
If you do not agree to these Terms, you may not access or use the Services.
2. Definitions
- "License" means the right to install and use our software granted under the EULA.
- "License-Specific Terms" means the product-, plan-, or tier-specific terms presented to you in connection with your Order, including on the applicable product or pricing pages of our website. License-Specific Terms describe the scope, term, fees (if any), and other parameters of your License.
- "Order" means your acquisition of a License or other Service through the Services, whether by purchase, free registration, or other means we make available, together with the product description, pricing, and License-Specific Terms presented to you at that time.
- "Services" has the meaning given in the introduction above.
3. The Services
We may modify, suspend, or discontinue all or any part of the Services at any time, with or without notice. We are not liable to you or any third party for any modification, suspension, or discontinuation of the Services, except as expressly required by law or these Terms.
4. Account and Security
To access certain features of the Services, you must create an Account. You agree to provide accurate, current, and complete information when creating your Account and to keep that information up to date. You are responsible for safeguarding your Account credentials and for all activities that occur under your Account. You must notify us promptly at support@pixelrush.app if you become aware of any unauthorized use of or access to your Account.
5. Acceptable Use
You agree not to, and not to attempt to:
- use the Services in violation of any applicable law or regulation;
- use the Services to transmit or distribute any malware or other malicious code;
- engage in unauthorized access to, or use of, the Services, other accounts, or the computer systems or networks connected to the Services;
- interfere with, disrupt, or impose an unreasonable or disproportionately large load on the Services or the networks or systems supporting the Services;
- engage in any automated or systematic data collection (including scraping, harvesting, data mining, or extraction) on or through the Services, except through interfaces we expressly designate for that purpose;
- use the Services to send unsolicited commercial communications, abusive content, or content that infringes the rights of others; or
- use the Services in any other manner that could damage, disable, overburden, or impair the Services or interfere with any other party's use of the Services.
6. Orders, Pricing, and Refunds
The pricing model, billing frequency, term, renewal behavior, and other commercial terms for each Order are set forth in the applicable License-Specific Terms presented to you at the time of your Order. All payments are processed by a third-party payment processor. By submitting an Order, you represent and warrant that you have the legal right to use the payment method provided and that the information you supply is true, correct, and complete.
Prices are stated at the time of Order and are exclusive of any taxes, duties, or similar governmental assessments, which are your responsibility unless we are legally required to collect them. We may change pricing for new Orders at any time. Pricing changes do not retroactively affect Orders already placed, except as expressly permitted by the applicable License-Specific Terms.
Except where required by applicable law or as otherwise stated in the applicable License-Specific Terms, all fees are non-refundable and all sales are final. If you believe a charge was made in error, contact us at support@pixelrush.app and we will consider refund requests on a case-by-case basis at our sole discretion.
7. Software License
Your installation and use of our software is governed by the EULA and the License-Specific Terms applicable to your Order. The EULA is incorporated into these Terms by reference. To the extent the EULA conflicts with these Terms with respect to your installation and use of the software, the EULA controls for the matters it addresses; otherwise, these Terms control.
8. Your Data and User Content
You retain all right, title, and interest in and to the data and content you create using the Services ("Your Content"). Our handling of Your Content is described in our Privacy Policy and the applicable License-Specific Terms. We do not claim ownership of Your Content.
To the extent you submit any feedback, suggestions, ideas, or other information to us regarding the Services ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, modify, distribute, and otherwise exploit the Feedback for any purpose, without obligation or compensation to you.
9. Intellectual Property
The Services and all related content, features, and functionality are owned by us or our licensors and are protected by intellectual property laws. Except for the License expressly granted in the EULA, these Terms do not grant you any right, title, or interest in or to the Services. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.
10. Third-Party Products and Services
The Services may interoperate with, depend on, or produce output for use with third-party hardware, software, and online services. We do not guarantee compatibility with any specific third-party product, version, or service, and we are not responsible for any third-party products, software, or services. Your use of any third-party product or service is governed by the terms and policies of the relevant third party.
Any references to third-party products, services, or trademarks in or in connection with the Services are made for identification and interoperability purposes only. All third-party product names, logos, and trademarks are the property of their respective owners. We are not affiliated with, endorsed by, or sponsored by any such third party, and no such affiliation, endorsement, or sponsorship is implied by any reference, interoperability, or compatibility between the Services and any third-party product or service.
11. Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE, ON OUR OWN BEHALF AND ON BEHALF OF OUR AFFILIATES AND OUR AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OPERATE WITHOUT INTERRUPTION OR ERROR, BE COMPATIBLE OR INTEROPERABLE WITH ANY OTHER HARDWARE OR SOFTWARE, OR THAT ANY DEFECTS WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU; IN SUCH JURISDICTIONS, OUR WARRANTIES ARE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR AFFILIATES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS, ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
OUR TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU ACTUALLY PAID TO US FOR THE SERVICES IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR (B) ONE HUNDRED U.S. DOLLARS (USD 100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU; IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
13. Indemnification
You agree to indemnify, defend, and hold harmless the Company and our affiliates, and our and their officers, directors, employees, agents, licensors, and service providers, from and against any claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of or access to the Services; (b) your breach or alleged breach of these Terms or the EULA; (c) your violation of any law or the rights of any third party; or (d) any content or data you submit through the Services.
14. Termination
You may stop using the Services at any time. We may suspend or terminate your access to the Services or your Account, in whole or in part, at any time and without prior notice or liability if you breach these Terms or the EULA, or if we reasonably believe that suspension or termination is necessary to protect the Services, our other users, or third parties.
If we terminate your Account for reasons other than your breach, any License you have validly acquired will continue in effect for the remainder of its term as set forth in the applicable License-Specific Terms, subject to the License Restrictions in the EULA, although account-dependent features may no longer be available.
Sections that by their nature should survive termination, including those relating to intellectual property, disclaimers, limitation of liability, indemnification, governing law, dispute resolution, and these general provisions, will survive any termination of these Terms.
15. Changes to These Terms
We may modify these Terms from time to time. Notice of any change is given by posting the updated Terms with a new "Last updated" date at the top of this page. The updated Terms take effect on the date posted, except where a later effective date is expressly stated. You are responsible for periodically reviewing these Terms. Your continued use of the Services after the updated Terms take effect constitutes your acceptance of the changes. If you do not agree to the updated Terms, you must stop using the Services.
16. Governing Law
These Terms and any dispute arising out of or relating to these Terms or the Services are governed by the laws of the State of Tennessee, without regard to its conflict of laws principles, and by applicable U.S. federal law. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
Any cause of action or claim arising out of or relating to these Terms or the Services must be commenced within one (1) year after the cause of action accrues; otherwise, it is permanently barred. This limitation does not apply where prohibited by applicable law.
17. Dispute Resolution; Arbitration; Class Action Waiver
Please read this section carefully. It affects your legal rights.
Informal resolution
Before initiating arbitration, you and we agree to first attempt to resolve any dispute informally for at least sixty (60) days. To begin informal resolution, you must send a written notice describing the dispute, your contact information, and the relief you seek to support@pixelrush.app. We will send any notice to you at the email address associated with your Account.
Binding individual arbitration
Except for the matters described in "Exceptions" below, any dispute, claim, or controversy arising out of or relating to these Terms, the EULA, or the Services (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory) that is not resolved informally will be resolved exclusively through final and binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, as modified by these Terms. The AAA rules are available at adr.org. The arbitrator, and not any federal, state, or local court or agency, has exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this arbitration agreement is void or voidable.
The arbitration will be held in Tennessee or, at your option as a consumer claimant, in the U.S. county where you reside, or by telephone or videoconference. The arbitrator's award will be in writing and may be entered as a judgment in any court of competent jurisdiction.
Class action waiver
YOU AND WE EACH AGREE THAT ANY DISPUTE WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding. If a court or arbitrator decides that this class action waiver is unenforceable as to a particular claim or request for relief, that claim or request will be severed from the arbitration and brought in court, but all other claims will remain subject to arbitration.
Exceptions
The arbitration requirement does not apply to:
- individual claims that qualify for, and are brought in, small-claims court (in Tennessee, the General Sessions Court has jurisdiction over civil claims up to USD 25,000); or
- claims for injunctive or other equitable relief to stop or prevent infringement, misappropriation, or other violation of intellectual property rights, License restrictions, or confidentiality obligations.
For any claim that is not subject to arbitration, you and we agree to submit to the exclusive personal jurisdiction and venue of the state and federal courts located in the State of Tennessee.
30-day right to opt out of arbitration
You have the right to opt out of the arbitration provisions in this Section 17. To opt out, you must send written notice to support@pixelrush.app within thirty (30) days after first agreeing to these Terms, including your name, the email address associated with your Account, and a clear statement that you wish to opt out of arbitration. Opting out of arbitration will not affect any other provision of these Terms. If you opt out, disputes will be resolved in the courts identified in Section 16, but the class action waiver above will continue to apply to the maximum extent permitted by law.
Costs and fees
The AAA rules govern payment of all arbitration fees. To the extent the AAA rules require you to pay a filing fee greater than the equivalent court filing fee, we will reimburse you the difference, and we will pay all other AAA fees and arbitrator compensation as required by the AAA Consumer Arbitration Rules. Each party is responsible for its own attorneys' fees and costs unless an applicable statute provides otherwise.
18. EU and UK Consumers
If you are a consumer resident in the European Union, the United Kingdom, or another jurisdiction whose laws grant you mandatory consumer protections, nothing in these Terms (including Sections 11, 12, 16, and 17) limits or excludes any rights or remedies that cannot be limited or excluded under those laws. To the extent any provision of these Terms conflicts with such mandatory rights, those mandatory rights will prevail to the extent of the conflict.
19. General
- Entire agreement. These Terms, together with the EULA, the Privacy Policy, the License-Specific Terms, and any other terms we expressly incorporate by reference, constitute the entire agreement between you and us regarding the Services and supersede all prior or contemporaneous understandings on that subject.
- Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision will be modified to the minimum extent necessary to make it valid, legal, and enforceable, or, if it cannot be so modified, it will be severed from these Terms; the remaining provisions will remain in full force and effect.
- No waiver. Our failure to enforce any right or provision of these Terms will not be deemed a waiver of that right or provision. Any waiver must be in writing and signed by us to be effective.
- Assignment. You may not assign or transfer these Terms or your Account, in whole or in part, without our prior written consent. We may assign these Terms in whole or in part at any time without your consent, including in connection with a merger, acquisition, financing, reorganization, bankruptcy, or sale of all or part of our assets.
- Force majeure. We will not be liable for any delay or failure to perform resulting from causes beyond our reasonable control.
- Electronic communications. You consent to receive communications from us electronically, including by email and through the Services. Electronic communications satisfy any legal requirement that a communication be in writing.
- English controls. If we provide a translation of these Terms, the English-language version controls in the event of any conflict.
- Independent contractors. Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and us.
20. Contact Us
If you have questions about these Terms, contact us at support@pixelrush.app.