Terms of Service

Effective Date: January 1, 2025

These Terms of Service ("Terms") govern your access to and use of the websites, hardware, software, operator dashboard, QR payment flows, support channels, analytics tools, and related services provided by Pixelpay Inc. ("Pixelpay," "we," "our," or "us") (collectively, the "Services").

By accessing, purchasing, installing, or using the Services, you agree to be bound by these Terms. If you are using the Services on behalf of a business or other entity, you represent that you have authority to bind that entity to these Terms.

1. Eligibility and Account Responsibility

You must be at least 18 years old and legally capable of entering into a binding agreement to use the Services. If you create an operator account, you are responsible for maintaining accurate account information, protecting login credentials, and all activity that occurs under your account.

2. Scope of Services

Pixelpay provides a platform designed to enable QR-based machine payments, machine activation, reporting, digital ticket or redemption tracking, operator analytics, account management, and related venue tools. Features may vary by plan, hardware version, machine type, integration method, or venue configuration.

a. Machine activations

Pixelpay hardware and software are intended to interact with compatible machines and send activation signals similar to standard coin or credit inputs. Compatibility may vary depending on the machine, voltage requirements, condition, wiring, and installation method.

b. Operator dashboard

Operators may receive access to dashboards and reporting tools that display information such as machine activity, revenue, play counts, session timing, digital ticket estimates, and other operational metrics. Pixelpay may add, modify, or remove dashboard functionality from time to time.

c. Support and updates

Pixelpay may provide setup guidance, documentation, support channels, firmware updates, dashboard updates, and platform improvements. We are not obligated to provide support beyond the level included in your plan or any separate written agreement.

3. Fees, Billing, and Subscription Terms

Use of the Services may require payment of one-time activation or licensing fees, recurring subscription fees, installation charges, support fees, or other agreed charges. Unless otherwise stated in writing, all fees are non-refundable except as required by law.

If you enroll in a recurring plan, you authorize Pixelpay or its payment processor to charge the applicable payment method on a recurring basis until cancellation. You are responsible for maintaining valid billing information and for all taxes, duties, and similar charges associated with your use of the Services.

Pixelpay may suspend access to some or all Services if payment is overdue.

4. Installation, Venue Responsibility, and Hardware Handling

Operators are responsible for ensuring that machines, electrical conditions, internet connectivity, venue policies, and installation environments are appropriate for Pixelpay deployment. Improper installation, unauthorized modification, poor machine condition, or incompatible hardware may affect performance and may void available support or warranty coverage.

Unless otherwise agreed in writing, the operator is responsible for local compliance, venue approvals, machine access, and any required permissions related to installation and use.

5. License and Acceptable Use

Subject to these Terms and any applicable fees, Pixelpay grants you a limited, non-exclusive, non-transferable, revocable right to access and use the Services for your internal business operations or authorized end use.

You agree not to:

• copy, modify, reverse-engineer, decompile, disassemble, or attempt to derive source code, firmware logic, or system architecture from the Services except where prohibited by law from restricting such activity;
• tamper with Pixelpay hardware, machine signals, analytics, or reporting flows;
• interfere with security measures, access controls, or usage restrictions;
• use the Services in connection with fraud, unlawful conduct, or unauthorized payment activity;
• misrepresent transaction, machine, venue, or operator data;
• use the Services in a way that could damage, disable, overload, or impair the platform.

6. Payment Processing

Payment transactions may be processed through third-party payment processors. Your use of those payment functions may also be subject to the processor's terms, privacy practices, and technical requirements. Pixelpay is not responsible for errors, downtime, holds, or other actions taken by third-party processors.

7. Data, Analytics, and Reporting

Pixelpay may collect and process machine, usage, and transaction-related data necessary to operate the Services, provide analytics, improve performance, support operators, and maintain system integrity. Reporting and analytics are provided for operational visibility, but may be affected by machine conditions, installation quality, connectivity, or third-party dependencies.

Your use of the Services is also subject to the Privacy Policy.

8. Digital Tickets, Loyalty, and Estimated Data Features

Some Pixelpay features may include digital ticket tracking, redemption-related tools, loyalty balances, or similar features. These outputs may depend on signal quality, installation accuracy, machine behavior, or estimated activity models. Operators are responsible for validating the suitability of these features for their venue workflows.

9. Service Availability and Changes

Pixelpay may update, modify, suspend, or discontinue any part of the Services at any time. We do not guarantee uninterrupted or error-free operation. Connectivity problems, venue networking issues, maintenance, third-party failures, hardware issues, or platform updates may affect performance, activations, analytics, or access.

10. Intellectual Property

Pixelpay and its licensors retain all right, title, and interest in and to the Services, including all software, firmware, designs, branding, trademarks, interfaces, reports, and related intellectual property. Except for the limited use rights expressly granted in these Terms, no license or ownership rights are transferred to you.

11. Disclaimer of Warranties

To the fullest extent permitted by law, the Services are provided on an "as is" and "as available" basis. Pixelpay disclaims all warranties, whether express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising out of course of dealing or usage of trade.

12. Limitation of Liability

To the fullest extent permitted by law, Pixelpay and its affiliates, officers, employees, contractors, licensors, and service providers will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, or for any loss of profits, revenue, business, data, goodwill, or use arising out of or related to the Services.

To the fullest extent permitted by law, Pixelpay's total aggregate liability for any claim arising out of or relating to the Services will not exceed the total amount paid by you to Pixelpay for the applicable Services during the twelve (12) months immediately preceding the event giving rise to the claim.

13. Indemnification

You agree to defend, indemnify, and hold harmless Pixelpay and its affiliates, officers, employees, contractors, and agents from and against claims, liabilities, damages, losses, and expenses arising out of or related to your use of the Services, your installation practices, your violation of these Terms, your violation of applicable law, or your infringement of any rights of another party.

14. Suspension and Termination

Pixelpay may suspend or terminate your access to some or all Services at any time if you violate these Terms, fail to pay fees when due, create risk to the platform, engage in suspected fraud or misuse, or if continued service is not commercially or technically feasible.

You may stop using the Services or request cancellation of recurring plans in accordance with your plan terms or by contacting support. Termination does not relieve you of payment obligations accrued before termination.

15. Governing Law and Disputes

These Terms are governed by the laws of the State of Colorado, without regard to its conflict of laws rules, unless another law is required to apply by applicable law. Any dispute arising out of or relating to these Terms or the Services shall be resolved in the state or federal courts located in Colorado, unless otherwise required by law.

16. Changes to These Terms

Pixelpay may revise these Terms from time to time. When we do, we will update the Effective Date above. Your continued use of the Services after updated Terms become effective constitutes acceptance of the revised Terms.

17. Contact

If you have questions about these Terms, please contact Pixelpay through the support portal or the contact methods made available on our website.