01Eligibility & Accounts

• You must be at least the age of majority in your province of residence to create an account, or have permission from your employer or organization to use the Services under its account.
• You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.
• You agree to notify Provider promptly at support@pixelmind.ca if you become aware of any unauthorized access to your account.
• You agree to provide accurate account information and to keep it up to date.

02Acceptable Use

You agree not to, and not to permit any third party to:

• Use the Services for any unlawful purpose or in violation of any applicable law or regulation;
• Attempt to gain unauthorized access to the Services, other accounts, or Provider's systems or networks;
• Upload or transmit any virus, malware, or other harmful code;
• Reverse engineer, decompile, or attempt to extract the source code of the Services, except to the extent such restriction is prohibited by applicable law;
• Use the Services to build or support a product or service competitive with the Services;
• Interfere with or disrupt the integrity or performance of the Services, including through excessive automated use not authorized by Provider;
• Upload content that is unlawful, infringing, defamatory, or that you do not have the right to submit.

Provider reserves the right to suspend or terminate access for any User who violates this Section.

03Your Content & Data

• You retain ownership of any data, files, or content you submit to the Services ("User Content"). You grant Provider a limited license to host, process, and display User Content solely as necessary to provide the Services' functionality to you.
• You represent that you have all necessary rights to submit User Content and that it does not infringe the rights of any third party.
• Provider may remove User Content that violates these Terms or applicable law.
• Use of personal information submitted through the Services is also governed by our Privacy Policy, incorporated into these Terms by reference.

04Intellectual Property

• Each Service, including its software, design, features, and Documentation, is owned by Provider and its licensors and is protected by intellectual property laws. These Terms do not grant you any ownership interest in the Services.
• You may not use Provider's name, logos, or trademarks without prior written permission, except as necessary to identify that you are a user of the Services.

05Availability & Changes to the Services

• Provider may modify, update, or discontinue features of the Services from time to time. Provider will use reasonable efforts to notify Users of material changes that affect core functionality.
• The Services are provided on an "as available" basis. Provider does not guarantee uninterrupted or error-free operation.

06Disclaimer of Warranties

Except as expressly set out in a separate written agreement between Provider and your organization, the Services are provided "as is" and "as available," without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement, except to the extent such warranties cannot be excluded under applicable law.

07Limitation of Liability

To the maximum extent permitted by applicable law, Provider will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, or data, arising out of or related to your use of the Services, even if advised of the possibility of such damages. Where your organization has a separate Master Services Agreement with Provider, the liability terms of that agreement govern in the event of any conflict with this Section.

08Suspension & Termination

• Provider may suspend or terminate your access to the Services if you violate these Terms, or if required to comply with applicable law.
• Your organization's Master Services Agreement or Order Form (if any) governs termination of your organization's overall subscription. These Terms govern your individual account access and may be enforced independently.

09Governing Law

These Terms are governed by, and construed in accordance with, the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts of British Columbia, sitting in Vancouver, British Columbia, for any dispute arising out of or relating to these Terms.

10Changes to These Terms

Provider may update these Terms from time to time. If changes are material, Provider will provide reasonable notice, such as by posting a notice on the Services or updating the "Last updated" date above. Continued use of the Services after changes take effect constitutes acceptance of the updated Terms.

11Contact

Questions about these Terms can be directed to support@pixelmind.ca.

01Scope & Roles

• Direct Users: if you create an account and use the Services directly, we act as the organization responsible for your personal information, as described in this Policy.
• Client-Managed Data: if you interact with the Services because our client (your employer or another organization) uses the Services to manage its own business operations, that client is generally responsible for the personal information it submits to the Services, and we process that information on the client's behalf and instruction, under the terms of our agreement with that client.
• If you have questions about how a specific organization uses the Services in relation to your personal information, we encourage you to contact that organization directly, in addition to contacting us.

02Information We Collect

• Account information: name, email address, employer or organization, login credentials, and role or permissions within the Services.
• Usage data: log data, device and browser information, IP address, pages or features accessed, and timestamps, collected automatically as you use the Services.
• Content you provide: information you or your organization submit, upload, or generate while using the Services.
• Communications: information you provide when you contact support, respond to surveys, or otherwise communicate with us.
• Payment information: where applicable, billing details are collected and processed by our third-party payment processor; we do not directly store full payment card numbers.

03How We Use Personal Information

We use personal information to:

• Provide, operate, maintain, and improve the Services;
• Authenticate accounts and maintain the security of the Services;
• Communicate with you about your account, updates, or support requests;
• Process payments and manage subscriptions;
• Analyze usage to understand how the Services are used and to inform product development;
• Comply with legal obligations and enforce our Terms of Service.

We use personal information only for the purposes identified at or before the time of collection, or for a purpose a reasonable person would consider appropriate in the circumstances, consistent with British Columbia's Personal Information Protection Act (PIPA).

04Legal Basis & Consent

• We collect, use, and disclose personal information based on your consent, which may be express or implied depending on the sensitivity of the information and the circumstances, in accordance with PIPA.
• Where you use the Services through an organization's account, that organization may provide consent on behalf of its Authorized Users for certain purposes related to the organization's use of the Services, consistent with applicable law.
• You may withdraw consent for certain uses of your personal information, subject to legal or contractual restrictions and reasonable notice, by contacting us at support@pixelmind.ca. Withdrawing consent may limit or prevent your ability to use certain features of the Services.

05Disclosure of Personal Information

We do not sell personal information. We may disclose personal information to:

• Service providers who perform services on our behalf, such as hosting, analytics, customer support, and payment processing, under contractual obligations to protect the information and use it only for the purposes we specify;
• Your organization, where you access the Services under an organization's account — relevant account and usage information may be visible to administrators of that account;
• Legal & safety purposes, where required by law, regulation, court order, or to protect the rights, property, or safety of Pixelmind, our Users, or others;
• Business transfers, in connection with a merger, acquisition, financing, or sale of assets, subject to reasonable confidentiality protections.

06Data Storage & Security

• We implement reasonable administrative, technical, and physical safeguards designed to protect personal information against unauthorized access, use, disclosure, alteration, or destruction, appropriate to the sensitivity of the information.
• No method of transmission or storage is completely secure. While we work to protect personal information, we cannot guarantee absolute security.
• Personal information may be stored or processed on servers located inside or outside of Canada. Where information is transferred outside of Canada, it may be subject to the laws of the jurisdiction in which it is stored, including potential access by government authorities in that jurisdiction.

07Data Retention

We retain personal information for as long as necessary to fulfill the purposes described in this Policy, to comply with our legal and contractual obligations, and to resolve disputes, after which it is securely deleted or anonymized, except where longer retention is required by law.

08Your Rights

Subject to applicable law, including PIPA, you may have the right to:

• Request access to the personal information we hold about you;
• Request correction of inaccurate or incomplete personal information;
• Withdraw consent to certain uses of your personal information, as described in Section 4;
• Request information about how your personal information has been used or disclosed.

To exercise any of these rights, contact us at support@pixelmind.ca. We may need to verify your identity before responding, and we will respond within the timeframes required by applicable law.

09Cookies & Similar Technologies

The Services may use cookies and similar technologies to maintain sessions, remember preferences, and understand usage patterns. You can control cookies through your browser settings; disabling cookies may affect the functionality of the Services.

10Children's Privacy

The Services are not directed to individuals under the age of majority in their province of residence, and we do not knowingly collect personal information from children. If we become aware that we have inadvertently collected personal information from a child, we will take reasonable steps to delete it.

11Changes to This Policy

We may update this Policy from time to time. If changes are material, we will provide reasonable notice, such as by posting a notice within the Services or updating the "Last updated" date above. Continued use of the Services after changes take effect constitutes acceptance of the updated Policy.

12Governing Law

This Policy is governed by, and interpreted in accordance with, the laws of the Province of British Columbia and the applicable federal laws of Canada, including the Personal Information Protection Act (PIPA) and, where applicable, the Personal Information Protection and Electronic Documents Act (PIPEDA).

13Contact Us

Questions, concerns, or requests regarding this Policy or our handling of personal information can be directed to support@pixelmind.ca.