Terms of Use
1. Introduction, Scope & Acceptance
Welcome to pixelup.ca, including PixelUp-operated subdomains and live demonstration websites (collectively, the “Website”), operated by PixelUp Inc., an Ontario corporation operating in Canada under the name PixelUp (“PixelUp,” “we,” “us,” or “our”).
These Terms of Use (the “Terms”) govern your access to and use of the Website and, where applicable, your purchase or use of products and services offered by PixelUp. These Terms apply to Website visitors, customers, account holders, purchasers, and other persons who access or use the Website.
By accessing or using the Website, creating an account, placing an order, purchasing a product or service, or otherwise engaging with PixelUp through the Website, you agree to be bound by these Terms and by any additional terms expressly applicable to the particular product, service, order, or transaction.
If you do not agree with these Terms, you should not use the Website or purchase products or services through it. If you access the Website, place an order, or purchase or use a product or service on behalf of a business, organization, client, or other legal entity, you represent that you have authority to act on behalf of that entity and to accept the applicable terms on its behalf.
Nothing in these Terms excludes, restricts, or modifies any right, remedy, warranty, condition, responsibility, or other protection that cannot lawfully be excluded, restricted, or modified under applicable law.
2. Relationship to Other PixelUp Terms
These Terms provide the general terms governing access to and use of the Website and the purchase or use of PixelUp products and services. Certain products, services, transactions, or activities may also be governed by additional terms, policies, agreements, product descriptions, order terms, proposals, statements of work, or other written terms provided or agreed to by PixelUp.
Purchases and use of PixelUp Limited Edition Website Templates are also subject to the applicable Limited Edition Website Template Licence Agreement, which governs the licensing, permitted use, customization, transfer, and other licence conditions applicable to those templates.
Professional services, including website design, development, Implementation, Website Copywriting, customization, maintenance, consulting, or other services, may be subject to a proposal, statement of work, service agreement, order description, correspondence, or other written terms that establish the applicable scope, deliverables, fees, timing, revisions, customer responsibilities, or other service-specific conditions.
PixelUp’s Privacy Policy describes how PixelUp collects, uses, discloses, retains, and otherwise handles personal information. PixelUp’s Cookie Policy provides additional information about cookies and similar technologies used on the Website.
Where these Terms conflict with another PixelUp agreement or set of terms concerning a specific product, service, transaction, or subject matter, the more specific terms will govern that particular subject matter to the extent of the conflict, unless those terms expressly provide otherwise.
Third-party products, software, services, platforms, or materials may also be subject to terms, licences, privacy policies, or other conditions established by the applicable third party. PixelUp’s Terms do not replace or modify third-party terms that independently apply to your use of those products, software, services, platforms, or materials.
3. Changes to These Terms
PixelUp may update these Terms from time to time to reflect changes to the Website, our products or services, business practices, technologies, legal or regulatory requirements, or other operational needs. Updated Terms will be posted on the Website and will identify the date on which they were last updated. Unless otherwise stated or required by applicable law, updated Terms will apply prospectively from the date they become effective.
Where appropriate, PixelUp may provide additional notice of material changes, including through the Website, customer accounts, email, or another reasonable method. Changes to these Terms will not ordinarily alter the terms governing a purchase, licence, project, or service that was completed or entered into before the updated Terms became effective where doing so would improperly remove or materially reduce rights already granted or otherwise conflict with applicable law or an existing agreement.
Your continued use of the Website after updated Terms become effective constitutes acceptance of the updated Terms as they apply to your continued use of the Website. If you do not agree with the updated Terms, you should discontinue your use of the Website.
4. Website Content & Intellectual Property
The Website and the content made available through it may include text, copy, graphics, photographs, images, illustrations, videos, audio, logos, trademarks, trade names, designs, layouts, visual elements, downloadable materials, documentation, software, code, functionality, and other materials (collectively, “Website Content”).
Except for Customer Materials, third-party materials, and other content expressly identified as belonging to another person or entity, the Website Content and the intellectual-property rights in that content are owned by PixelUp or used by PixelUp under applicable licences or permissions. Nothing in these Terms transfers ownership of PixelUp’s intellectual property to you.
Subject to these Terms, PixelUp grants you a limited, non-exclusive, non-transferable, revocable right to access and use the Website and Website Content for lawful personal or internal business purposes related to evaluating, purchasing, or using PixelUp’s products and services.
Unless expressly permitted by PixelUp, by another applicable agreement, by the rights holder, or by applicable law, you may not reproduce, distribute, publish, sell, sublicense, commercially exploit, systematically extract, republish, modify for redistribution, or create a competing product or service from protected Website Content. You may not remove or alter copyright, trademark, attribution, licence, or other proprietary notices that are required to remain with the applicable material.
Nothing in this section prohibits ordinary activities reasonably associated with using or referring to the Website, including viewing Website pages, using normal browser functionality, maintaining reasonable temporary browser copies, sharing ordinary links to publicly available Website pages, or quoting or referring to Website Content to the extent permitted by applicable law.
PixelUp’s names, logos, trademarks, service marks, trade names, branding, and other source identifiers may not be used in a manner that falsely suggests sponsorship, endorsement, affiliation, authorization, or association with PixelUp.
The Website may display materials owned by customers, licensors, service providers, partners, or other third parties. Ownership of those materials remains with their respective owners, and their appearance on the Website does not grant you a licence or other right to use them except as permitted by the applicable rights holder or by law.
Certain PixelUp products, including Limited Edition Website Templates, are subject to separate licence terms that establish the rights granted to purchasers. Nothing in this section reduces or replaces rights expressly granted under an applicable Limited Edition Website Template Licence Agreement, other PixelUp agreement, or applicable third-party or open-source licence.
PixelUp respects the intellectual-property rights of others. If you believe that material available through the Website infringes intellectual-property rights that you own or are authorized to enforce, you may contact PixelUp using the contact information provided at the end of these Terms.
5. Accounts & Account Security
Certain features of the Website may allow or require you to create a customer account. When creating or using an account, you agree to provide information that is accurate, current, and complete and to update that information where reasonably necessary.
You are responsible for maintaining the confidentiality and security of your account credentials and for activity conducted through your account to the extent reasonably within your control. You must not knowingly permit another person to use your account in a manner that violates these Terms or any other applicable PixelUp agreement. If you become aware of or reasonably suspect unauthorized access to or use of your account, you should notify PixelUp promptly and take reasonable steps to secure the account, including changing compromised credentials where appropriate.
You may not create an account using false or misleading information, impersonate another person or entity, create an account without authority on behalf of another person or entity, or use an account for fraudulent, unlawful, abusive, or unauthorized purposes. PixelUp may suspend, restrict, or terminate an account where reasonably necessary to protect the Website, PixelUp, its customers, or third parties; investigate suspected fraud, misuse, or unauthorized activity; comply with applicable law or a lawful request; address a material violation of these Terms or another applicable agreement; or protect the security or integrity of PixelUp’s systems or services.
Where reasonably practicable and appropriate in the circumstances, PixelUp may provide notice of an account restriction or suspension and an opportunity to address the underlying issue. PixelUp may act without prior notice where reasonably necessary because of fraud, security concerns, unlawful activity, material misuse, or another circumstance requiring prompt action.
Account suspension or termination does not automatically cancel or eliminate payment obligations, licence restrictions, intellectual-property obligations, or other rights or obligations that arose before the suspension or termination or that by their nature are intended to continue afterward.
6. Products, Services, Availability & Orders
PixelUp may offer digital products, website templates, professional services, maintenance services, customization, Implementation, Website Copywriting, and other products or services through the Website or by separate arrangement.
Product and service descriptions are intended to provide reasonably accurate information about the applicable offering. Features, specifications, included materials, compatibility information, availability, pricing, delivery estimates, service scope, and other details may vary between offerings and may be updated from time to time. Where particular features, services, deliverables, licences, support, maintenance, or other benefits are included with a purchase, the applicable product description, order, proposal, statement of work, service agreement, or other written terms will determine what is included.
PixelUp may modify, replace, suspend, limit, or discontinue products or services that have not yet been purchased or contracted for and may change prices for future purchases at any time. Such changes do not ordinarily alter the agreed price, included deliverables, or other material terms of an order or service engagement already accepted by PixelUp, except where permitted by the applicable agreement, agreed with the customer, required by law, or reasonably necessary because of circumstances addressed by the applicable terms.
Products and services are offered subject to availability and order acceptance. Submission of an order does not require PixelUp to accept or fulfil the order. PixelUp may refuse or cancel an order before acceptance or fulfilment where reasonably necessary, including because a product or service is unavailable; a Limited Edition Website Template has reached its applicable licence limit; payment cannot be authorized or completed; order information is incomplete, inaccurate, or appears fraudulent; an obvious pricing or product-description error has occurred; the order appears to violate these Terms or another applicable agreement; PixelUp is unable reasonably to provide the requested product or service; or acceptance would violate applicable law or the rights of another person.
If PixelUp cancels an order after payment has been successfully received but before the applicable product or service has been provided, PixelUp will refund amounts paid for the cancelled portion of the order, except to the extent that an amount may lawfully be retained for products, services, work, fees, or other amounts already provided, performed, incurred, or otherwise non-refundable under the applicable purchase terms.
You agree to provide information reasonably necessary to process and fulfil your order and to ensure that information you provide is accurate and complete. PixelUp is not responsible for delays resulting from incomplete, inaccurate, outdated, or missing information or from a customer’s failure to provide reasonably required information, approvals, access, materials, or instructions.
You must have the legal capacity and authority necessary to make a purchase through the Website. If you place an order on behalf of a business, organization, client, or other person or legal entity, you represent that you have authority to make the purchase and accept the applicable terms on its behalf.
PixelUp may impose reasonable purchase, quantity, geographic, technical, licensing, or availability restrictions where appropriate to the particular product or service. Any such restriction will be administered subject to applicable law and any rights or obligations PixelUp has already undertaken under an accepted order or agreement.
7. Pricing, Payments & Taxes
Unless otherwise stated, prices displayed on the Website are in Canadian dollars (CAD). PixelUp may change prices for future purchases at any time. A price change does not ordinarily affect an order or service engagement already accepted by PixelUp, except where permitted by the applicable agreement, agreed with the customer, or required by law.
PixelUp makes reasonable efforts to ensure that prices and product or service information displayed on the Website are accurate. If an obvious pricing, calculation, description, or other material error affects an order, PixelUp may correct the error and, where appropriate, contact the customer before accepting or fulfilling the affected order. If payment has already been received and the order cannot reasonably be fulfilled on the corrected terms, PixelUp may cancel the affected portion of the order and refund the corresponding amount paid.
Payment must be made using a payment method made available by PixelUp at the time of purchase. Available payment methods may change from time to time and may be provided or processed through third-party payment providers. Use of a particular payment method may also be subject to the applicable provider’s terms, conditions, privacy practices, security procedures, eligibility requirements, and other requirements.
You agree to provide accurate and complete billing, payment, and transaction information reasonably required to process your purchase. An order may be delayed, refused, or cancelled where payment is declined, cannot be authorized or verified, is reversed, appears fraudulent or unauthorized, or otherwise cannot reasonably be completed.
Applicable sales, use, value-added, goods and services, harmonized sales, or other taxes may be charged where required by applicable law. The amount and treatment of taxes may depend on factors including the type of product or service, the customer’s location, billing information, tax status, and applicable legal requirements. You are responsible for providing accurate information reasonably necessary to determine the appropriate tax treatment of a transaction and for any taxes, duties, assessments, or similar charges that are legally your responsibility and are not collected by PixelUp.
Where a purchase involves currency conversion, the exchange rate, conversion method, and any foreign-exchange, banking, card, or other transaction fees may be determined or charged by the customer’s financial institution, payment provider, card issuer, or another third party. PixelUp does not control third-party exchange rates or fees and is not responsible for additional amounts charged by those third parties.
PixelUp may retain transaction records and receive payment-related information reasonably necessary to confirm, administer, refund, document, or investigate a transaction, as described in PixelUp’s Privacy Policy. Complete payment credentials may be processed directly by the applicable payment provider rather than PixelUp.
8. Digital Products & Limited Edition Website Templates
PixelUp offers digital products, including Limited Edition Website Templates. Digital products may be delivered electronically, made available for download or access, configured for a particular customer or website, implemented directly by PixelUp, or provided through another delivery method described in the applicable product description, order, or agreement.
The purchase of a Limited Edition Website Template grants a licence to use the template and does not transfer ownership of PixelUp’s underlying intellectual property. The licensing, permitted use, customization, staging and development use, Licensed Domain requirements, limited edition availability, transfers, prohibited uses, intellectual-property rights, third-party and open-source components, included materials, delivery, maintenance, licensed plugins, termination, and other conditions applicable to Limited Edition Website Templates are governed by PixelUp’s Limited Edition Website Template Licence Agreement.
Each Limited Edition Website Template licence is intended for the Licensed Website and Licensed Domain identified in accordance with the applicable Licence Agreement. A separate licence may be required for another production website. Development, staging, testing, migration, and backup use is governed by the applicable Licence Agreement.
The description of a digital product or template demonstration may contain or display sample images, text, products, logos, photographs, graphics, videos, or other demonstration content. Such demo content is not included with a purchase unless the applicable product description, order, Licence Agreement, or other written information from PixelUp expressly states that it is included.
Digital products may depend on or operate with third-party software, plugins, services, platforms, libraries, or other components that are subject to separate terms or licences. The inclusion, compatibility, availability, licensing, maintenance, or continued operation of those components is subject to the applicable product terms, Licence Agreement, third-party terms, and any other agreement governing the purchase.
Any Implementation, Website Copywriting, customization, maintenance, or other professional service associated with a digital product is included only where expressly identified as part of the purchased product or package or separately agreed with PixelUp. Purchasing an optional service does not expand the licence rights applicable to the underlying digital product unless PixelUp expressly agrees otherwise in writing.
Refunds, cancellations, and remedies relating to digital products are governed by the applicable product terms, the Limited Edition Website Template Licence Agreement where applicable, these Terms, and any rights or remedies that cannot lawfully be excluded or limited.
9. Live Demo Websites
PixelUp may operate subdomains, websites, or other online environments to demonstrate Limited Edition Website Templates, website designs, functionality, layouts, features, and other PixelUp products or services (“Demo Websites”).
Demo Websites are provided for demonstration and evaluation purposes. Business names, brands, products, services, prices, descriptions, policies, testimonials, contact information, images, text, and other content displayed on a Demo Website may be fictional, illustrative, adapted, or included solely to demonstrate how a completed website or template may appear and function. Unless PixelUp expressly states otherwise, such content does not represent an actual business, product or service offering, customer relationship, endorsement, or commercial transaction.
Demo Websites and the template designs, layouts, visual elements, functionality, and other PixelUp materials demonstrated through them remain subject to PixelUp’s intellectual-property rights and these Terms. Accessing or viewing a Demo Website does not grant any right or licence to copy, reproduce, distribute, extract, recreate, commercially exploit, or otherwise use a Limited Edition Website Template or other protected PixelUp material except as expressly permitted under an applicable PixelUp agreement or by law.
Purchase and use of a Limited Edition Website Template are governed by the applicable product terms and Limited Edition Website Template Licence Agreement. Sample or demonstration content displayed on a Demo Website is not included with a template purchase unless PixelUp expressly identifies it as included.
10. Professional Services
PixelUp may provide professional services including website design, website development, e-commerce development, Implementation, Website Copywriting, customization, Branding, maintenance, troubleshooting, consulting, optimization, and other digital, creative, or technical services.
The specific scope, deliverables, fees, payment schedule, estimated timeline, included revisions, maintenance or support, and other conditions applicable to a professional service may be established through a product or service description, order, proposal, quotation, statement of work, service agreement, written correspondence, or other written terms agreed between PixelUp and the customer (collectively, the “Project Terms”).
PixelUp will provide professional services with reasonable care and skill and in accordance with the applicable Project Terms. Unless PixelUp expressly agrees otherwise in writing, project schedules, completion dates, launch dates, and similar timelines are reasonable estimates rather than guarantees and may depend on customer cooperation, timely approvals, availability of required materials and access, third-party services, technical conditions, and other circumstances relevant to the project.
Services or deliverables not included in the agreed scope are not automatically included in the project price. If a customer requests work outside the agreed scope, PixelUp may provide a separate estimate or quotation, require approval of additional fees or revised Project Terms, and adjust the project schedule before performing the additional work.
Customer requests, revisions, or changes made after approval of a design, feature, deliverable, project stage, or other material project decision may constitute additional work where they require PixelUp to revise, recreate, replace, reconfigure, or repeat work that was previously completed or approved. PixelUp may charge additional fees and adjust the project schedule for such work after informing the customer of the applicable change.
Unless expressly included in the applicable Project Terms, completion or delivery of a project does not include indefinite maintenance, monitoring, technical support, content updates, software updates, compatibility work, security services, backups, troubleshooting, or future modifications. Any maintenance, support, plugin licensing, warranty-like service period, or other post-delivery service expressly included with a product or project will be governed by the terms applicable to that offering.
PixelUp may use employees, independent contractors, specialists, service providers, or other qualified persons to assist in performing professional services, provided that doing so does not alter PixelUp’s obligations to the customer under the applicable Project Terms.
11. Customer Responsibilities & Project Cooperation
The customer is responsible for providing PixelUp with the information, content, materials, decisions, approvals, feedback, credentials, access, technical information, and other cooperation reasonably necessary for PixelUp to perform the requested services. Unless otherwise agreed, the customer is responsible for reviewing requests and deliverables and providing required information, feedback, or approvals within a reasonable time.
The customer is responsible for ensuring that information, instructions, specifications, and materials provided to PixelUp are accurate and sufficiently complete for their intended use. PixelUp may rely reasonably on information, instructions, approvals, and materials provided by the customer or by a person the customer has authorized to act on its behalf.
Project schedules and delivery estimates may be extended where work is delayed by the customer’s failure to provide required content, information, feedback, approvals, credentials, access, payment, or other cooperation; by changes requested by the customer; or by circumstances outside PixelUp’s reasonable control. PixelUp is not responsible for a delay to the extent that the delay results from such circumstances.
If a customer becomes unresponsive or a project cannot reasonably proceed because required information, materials, access, decisions, approvals, or other customer responsibilities remain outstanding, PixelUp may pause the affected work until the outstanding requirements are provided. A project pause may require the project to be rescheduled according to PixelUp’s then-current availability, and the original estimated completion or launch date may no longer apply.
Where a project remains inactive for an extended period because of circumstances attributable to the customer, PixelUp may provide notice requiring the customer to supply the outstanding items or otherwise confirm that the project should proceed. If the customer does not respond or the project remains unable to proceed within a reasonable period after that notice, PixelUp may close or terminate the inactive project, subject to the applicable Project Terms and any rights or obligations that have already accrued.
Unless otherwise agreed, amounts paid or payable for services already performed, work already completed, costs already incurred, or deliverables already prepared before a customer-caused delay, pause, cancellation, or termination remain payable and are not automatically refundable, subject to applicable law and the applicable Project Terms.
Where PixelUp requires access to a customer’s website, hosting environment, domain account, content-management system, database, third-party service, or other technical system, the customer is responsible for providing authorized access and for ensuring that PixelUp is permitted to perform the requested work within that environment. The customer should provide only the access reasonably necessary for the work and should update, revoke, or otherwise secure temporary credentials when access is no longer required.
Before PixelUp performs work that may materially affect an existing website, database, hosting environment, configuration, or other customer-controlled system, the customer is responsible for maintaining an appropriate and reasonably current backup unless the applicable Project Terms expressly assign that responsibility to PixelUp. PixelUp may create temporary backups, staging copies, exports, migration copies, or similar working copies where reasonably necessary to perform the requested services, but the creation of such copies does not make PixelUp the customer’s ongoing backup provider unless expressly agreed.
The customer is responsible for reviewing completed work and promptly notifying PixelUp of material errors, omissions, or concerns that are reasonably apparent upon review. Customer approval, publication, launch, or continued use of a deliverable does not prevent the customer from reporting a genuine defect or issue, but subsequent preferences, new requirements, third-party changes, or requests for additional functionality may constitute additional work rather than correction of the original deliverable.
A customer’s decision or inability to publicly launch, publish, use, or otherwise put a substantially completed deliverable into operation does not by itself mean that PixelUp has failed to complete or deliver the applicable services. Where PixelUp has completed the work within its agreed scope but launch or use is delayed by customer decisions, missing customer requirements, third-party circumstances, or other matters outside PixelUp’s reasonable control, the customer remains responsible for applicable amounts due for the completed work.
12. Customer Materials, Content & Permissions
In connection with a purchase, project, or service, a customer may provide PixelUp with text, photographs, images, graphics, logos, trademarks, videos, audio, fonts, product information, data, documents, software, code, account information, or other content or materials (“Customer Materials”). The customer retains ownership of any rights it holds in Customer Materials. Providing Customer Materials to PixelUp does not transfer ownership of those materials to PixelUp.
The customer grants PixelUp a non-exclusive, limited licence to access, use, reproduce, modify, adapt, format, display, transmit, store, or otherwise process Customer Materials only to the extent reasonably necessary to provide the requested products or services, perform the applicable project, communicate with the customer, maintain appropriate project records, or exercise PixelUp’s rights and obligations under the applicable agreement.
The customer represents and warrants that it owns the Customer Materials or otherwise has all rights, licences, permissions, consents, and authority reasonably necessary to provide those materials to PixelUp and to authorize PixelUp to use them for the intended project or service.
The customer is responsible for ensuring that Customer Materials and the customer’s requested use of those materials do not infringe or misappropriate another person’s copyright, trademark, privacy, publicity, contractual, confidentiality, or other rights and do not violate applicable law.
PixelUp is not required to independently investigate or verify the ownership, licensing status, accuracy, legality, or permitted use of Customer Materials supplied by the customer unless PixelUp has expressly agreed in writing to provide that service. PixelUp may rely reasonably on the customer’s representations and instructions concerning those materials.
PixelUp may refuse to use, remove, suspend use of, or request replacement of Customer Materials where PixelUp reasonably believes that the materials may be unlawful, infringing, harmful, misleading, technically unsafe, or inconsistent with these Terms or the applicable Project Terms.
Where a customer asks PixelUp to obtain, license, purchase, or incorporate third-party content or materials on the customer’s behalf, any applicable third-party licence terms, usage restrictions, fees, renewal requirements, attribution requirements, or other conditions remain applicable. Unless expressly agreed otherwise, the customer is responsible for any continuing third-party licence or subscription obligations required for the customer’s continued use of those materials after the applicable project or service has been completed.
13. Third-Party Services, Software & Dependencies
PixelUp products, websites, projects, and services may use, integrate with, rely upon, or interact with third-party products, software, plugins, themes, platforms, hosting services, domain services, payment services, APIs, libraries, content-delivery networks, fonts, databases, applications, or other technologies or services (“Third-Party Services”).
Third-Party Services are owned, operated, licensed, or controlled by their respective providers and may be subject to separate terms, licences, privacy policies, fees, subscriptions, technical requirements, usage limits, or other conditions established by those providers. Except where expressly stated otherwise, PixelUp does not own or control Third-Party Services and does not grant rights in them beyond any rights PixelUp is authorized to provide.
PixelUp may select, recommend, configure, install, integrate, or use Third-Party Services in connection with a product or project where PixelUp reasonably considers them appropriate. Unless a particular provider or technology is expressly required by the applicable Project Terms, PixelUp may use a reasonably suitable alternative where necessary or appropriate for technical, compatibility, availability, licensing, security, performance, or other legitimate project reasons.
Third-Party Services may be modified, updated, restricted, suspended, discontinued, become incompatible, introduce new fees or licence requirements, experience outages or security incidents, or otherwise change independently of PixelUp. PixelUp does not guarantee the continued availability, functionality, compatibility, pricing, licensing terms, performance, security, or future operation of a Third-Party Service that PixelUp does not control.
PixelUp is not responsible for a failure, interruption, incompatibility, change, loss, or other issue caused by a Third-Party Service to the extent that the matter is outside PixelUp’s reasonable control. Where a third-party change or failure requires additional configuration, development, migration, replacement, troubleshooting, or other work after the applicable project scope has been completed, such work is not automatically included in the original project price or in any completed service unless the applicable Project Terms expressly provide otherwise.
Where a customer is required to maintain its own third-party account, subscription, licence, hosting service, domain registration, API access, payment account, or other service necessary for the continued operation of a website or deliverable, the customer is responsible for maintaining that service in good standing, including applicable renewals, fees, credentials, permissions, and account information, unless PixelUp has expressly agreed otherwise.
Where PixelUp provides temporary or included access to a third-party licence, subscription, plugin, or service as part of a product or package, the duration, scope, renewal conditions, and other applicable terms will be determined by the applicable product description, Project Terms, Licence Agreement, or other written terms governing that offering.
Nothing in these Terms limits rights granted directly to a customer under an applicable open-source or third-party licence, and nothing in these Terms transfers to the customer ownership of third-party intellectual property merely because that material is included in, used with, or necessary for a PixelUp product or service.
14. Website Availability, Maintenance & Technical Operation
PixelUp makes reasonable efforts to maintain the availability, security, and proper operation of the Website. However, the Website and its features may occasionally be unavailable, interrupted, delayed, restricted, or affected by maintenance, updates, technical issues, security measures, third-party services, network conditions, hosting infrastructure, events outside PixelUp’s reasonable control, or other operational circumstances.
PixelUp may modify, update, maintain, repair, replace, suspend, restrict, or discontinue any part of the Website or its functionality where reasonably necessary for operational, technical, security, legal, business, or other legitimate purposes. PixelUp is not required to maintain every Website feature, function, product listing, or piece of Website Content indefinitely.
PixelUp does not guarantee that the Website will be continuously available, uninterrupted, error-free, completely secure, or compatible with every browser, device, operating system, network, configuration, or third-party technology. PixelUp may perform scheduled or emergency maintenance and may take reasonable measures to prevent or respond to security threats, fraud, abuse, technical failures, or other risks affecting the Website or its users.
Where reasonably practicable, PixelUp may provide notice of a material planned interruption that is expected to significantly affect customer access to the Website or services. PixelUp is not responsible for interruptions or failures caused by circumstances outside its reasonable control, including failures of hosting, telecommunications, internet, utility, payment, domain, software, platform, or other third-party services.
PixelUp may temporarily restrict or block access to all or part of the Website where reasonably necessary to maintain security or system integrity, investigate suspected misuse or unauthorized activity, comply with applicable law or a lawful request, protect PixelUp or other users, or prevent material harm to the Website or its systems.
Nothing in this section requires PixelUp to provide ongoing maintenance, updates, support, corrections, upgrades, or technical services for a customer’s purchased product, website, or other customer system except where such services are expressly included in the applicable product terms, Project Terms, Licence Agreement, maintenance arrangement, or other written agreement.
15. Acceptable Use & Prohibited Conduct
You may use the Website only for lawful purposes and in accordance with these Terms and any other terms applicable to your use of a PixelUp product or service.
You must not use the Website, an account, or any Website Content to engage in unlawful, fraudulent, deceptive, abusive, threatening, harassing, defamatory, infringing, or malicious activity; impersonate another person or entity or misrepresent your identity, authority, affiliation, or relationship with PixelUp or another person; violate another person’s intellectual-property, privacy, confidentiality, contractual, or other legal rights; or encourage, facilitate, or assist another person in doing so.
You must not knowingly introduce or transmit viruses, malware, malicious code, corrupted files, or other technology intended to damage, disrupt, interfere with, monitor without authorization, or obtain unauthorized access to the Website, its systems, accounts, data, users, or connected networks.
You must not attempt to bypass, disable, defeat, circumvent, probe, test without authorization, or interfere with authentication, access controls, rate limits, security features, licence controls, technical restrictions, or other measures used to protect the Website, Website Content, PixelUp products, customer accounts, or related systems.
You must not access or attempt to access accounts, systems, administrative areas, data, credentials, files, servers, databases, or other resources that you are not authorized to access, and you must not use information obtained through the Website to facilitate unauthorized access, fraud, harassment, abuse, or other unlawful activity.
You must not systematically scrape, harvest, extract, copy, index, download, collect, reproduce, or compile Website Content or data by automated or manual means for the purpose of creating or training a competing product or service, reproducing a substantial part of the Website or PixelUp’s protected materials, building an unauthorized database or dataset, circumventing access or licence restrictions, or otherwise commercially exploiting protected Website Content without authorization.
Nothing in the preceding paragraph prohibits ordinary use of publicly available search engines, standard browser functionality, accessibility technologies, security tools acting with authorization, or other automated access that PixelUp has expressly permitted or that cannot lawfully be restricted.
You must not use the Website in a manner that materially disrupts, overloads, degrades, damages, or interferes with the Website, its infrastructure, or another person’s ability to use it, including through excessive automated requests, denial-of-service activity, spam, or other abusive use of Website resources.
You must not use Website forms, customer accounts, email addresses, communication features, or other PixelUp resources to distribute unauthorized bulk communications, spam, malicious content, fraudulent solicitations, or other communications prohibited by applicable law.
You must not falsely represent that Website Content, a PixelUp product, a Limited Edition Website Template, PixelUp branding, or another protected PixelUp material is your own work or product; remove required proprietary notices; resell, sublicense, redistribute, or otherwise exploit protected materials except as expressly permitted by the applicable licence or agreement; or use PixelUp’s name, branding, or materials in a manner that falsely suggests endorsement, sponsorship, partnership, or affiliation.
PixelUp may investigate suspected violations of this section and may take reasonable action in response, including restricting access, suspending an account or transaction, preserving relevant records, removing material submitted through the Website, or reporting suspected unlawful conduct to appropriate authorities where permitted or required by law.
16. Reviews, Feedback & Communications
PixelUp may allow customers or other users to submit reviews, testimonials, comments, feedback, suggestions, questions, or other communications through the Website or through other communication channels.
If you submit a review, testimonial, comment, or other content intended for publication, you are responsible for the content you submit and represent that it reflects your genuine experience or opinion, that you have the right to submit it, and that its publication and use as contemplated by these Terms will not violate applicable law or the rights of another person.
Published content must not knowingly contain false or materially misleading statements, unlawful or infringing material, confidential information you are not authorized to disclose, malicious content, impersonation, threats, harassment, discriminatory or hateful content, or other material that violates these Terms or applicable law.
PixelUp may, but is not required to, review, moderate, refuse, remove, or discontinue displaying user-submitted content where reasonably appropriate. The publication of a review, testimonial, comment, or other user-submitted content does not mean that PixelUp endorses every statement or opinion expressed in that content.
If you provide PixelUp with a review, testimonial, photograph, comment, or other content for publication, you grant PixelUp a non-exclusive, worldwide, royalty-free licence to reproduce, display, publish, format, adapt for presentation, and distribute that content through PixelUp’s Website, portfolio, social media, marketing materials, and other reasonable promotional channels, subject to applicable law and any limitations expressly agreed with you. You retain ownership of any rights you hold in the submitted content.
PixelUp may make reasonable editorial changes to published submissions for formatting, spelling, length, presentation, or clarity, but will not knowingly alter a customer’s review or testimonial in a manner that materially misrepresents the customer’s expressed opinion or experience.
Ideas, suggestions, recommendations, or general feedback voluntarily provided to PixelUp concerning PixelUp’s Website, products, services, features, or business may be considered and used by PixelUp without an obligation to compensate the person providing the feedback, unless PixelUp has expressly agreed otherwise. Providing feedback does not transfer ownership of unrelated materials, confidential information, Customer Materials, or other intellectual property to PixelUp.
Communications between PixelUp and a customer concerning an order, account, project, licence, support request, or other business matter may be conducted electronically, including through email, the Website, customer accounts, or other communication methods reasonably used for the applicable relationship. You are responsible for maintaining current contact information where reasonably necessary for PixelUp to communicate with you about those matters.
17. External Links & Third-Party Websites
The Website may contain links to websites, platforms, services, resources, or content operated or provided by third parties. These links may be provided for convenience, reference, functionality, attribution, or access to services used in connection with PixelUp’s products or services.
Unless PixelUp expressly states otherwise, the inclusion of a link to a third-party website, product, service, or resource does not constitute or imply PixelUp’s endorsement, sponsorship, control, or approval of that third party or of all content, products, services, statements, policies, or practices associated with it.
Third-party websites and services are controlled by their respective operators and may be subject to their own terms, privacy policies, cookie practices, security measures, accessibility practices, availability, fees, and other conditions. PixelUp is not responsible for the content, operation, availability, security, accuracy, legality, or practices of third-party websites or services to the extent those matters are outside PixelUp’s reasonable control.
If you choose to access or use a third-party website or service through a link from the Website, you do so subject to the terms and conditions applicable to that third-party service. You should review applicable third-party terms and policies where appropriate.
You may link to publicly available pages of the PixelUp Website using ordinary linking practices, provided that the link does not falsely represent or imply sponsorship, endorsement, partnership, affiliation, or authorization by PixelUp and is not used as part of unlawful, fraudulent, infringing, or deceptive activity.
You may not frame, embed, reproduce, or present a substantial portion of the Website or protected Website Content in a manner that makes it appear to originate from another person or entity, conceals its source, circumvents Website restrictions, or otherwise infringes PixelUp’s intellectual-property or other legal rights.
18. Disclaimers & No Warranties
Except for any express commitments contained in applicable Project Terms, product terms, Licence Agreement, or other written agreement with PixelUp, and subject to any rights or warranties that cannot lawfully be excluded or limited, the Website, Website Content, and products and services made available through the Website are provided on an “as is” and “as available” basis.
PixelUp makes reasonable efforts to provide accurate and current information and to perform its services with reasonable care and skill. However, PixelUp does not warrant that the Website or Website Content will always be complete, current, uninterrupted, error-free, completely secure, or suitable for every particular purpose, environment, device, browser, configuration, or third-party system.
Unless PixelUp expressly agrees otherwise in writing, PixelUp does not guarantee any particular business, commercial, financial, marketing, search-engine, traffic, conversion, sales, revenue, ranking, performance-score, or other outcome resulting from a Website, product, service, recommendation, design, development project, optimization, or other work performed by PixelUp.
PixelUp does not warrant that a website, template, plugin, integration, or other deliverable will remain indefinitely compatible with future versions or changes to WordPress, WooCommerce, browsers, hosting environments, programming languages, third-party software, APIs, platforms, devices, security requirements, technical standards, or other technologies that may change after the applicable work has been completed.
PixelUp is not responsible for representations, warranties, functionality, availability, security, performance, continued support, or other commitments made independently by third-party providers concerning Third-Party Services. Any warranties or remedies available in relation to a Third-Party Service are subject to the terms provided by the applicable third party.
The customer remains responsible for determining whether a product or service is appropriate for the customer’s particular business, technical, operational, regulatory, or legal requirements unless PixelUp has expressly agreed in writing to assess or satisfy a particular requirement as part of the applicable services.
Nothing in these Terms excludes, restricts, or modifies any warranty, condition, right, remedy, or other protection that cannot lawfully be excluded, restricted, or modified under applicable law.
19. Limitation of Liability
To the maximum extent permitted by applicable law, PixelUp and its directors, officers, employees, contractors, agents, and representatives will not be liable for any indirect, incidental, special, exemplary, punitive, or consequential damages, or for any loss of profits, revenue, anticipated savings, business opportunity, goodwill, reputation, or data, arising out of or relating to the Website, a product or service, these Terms, or an applicable order or project, whether the claim arises in contract, tort (including negligence), statute, or another legal theory, even if the possibility of such loss or damage was reasonably foreseeable or PixelUp had been advised of that possibility.
To the maximum extent permitted by applicable law, PixelUp’s aggregate liability arising out of or relating to a particular product, service, order, project, or transaction will not exceed the total amount actually paid to PixelUp by the customer for the particular product, service, order, project, or transaction giving rise to the claim. Where the claim arises from an ongoing or recurring service, PixelUp’s aggregate liability will not exceed the amounts actually paid to PixelUp for that service during the twelve (12) months immediately preceding the event giving rise to the claim. Where the claim relates solely to use of the Website and does not arise from a paid product or service, PixelUp’s aggregate liability will not exceed CAD $100.
The limitations in this section apply collectively to all claims arising from the same or substantially related events, circumstances, product, service, order, project, or transaction and will not be increased by the number of claims asserted, legal theories relied upon, persons making claims, or proceedings commenced.
PixelUp will not be liable to the extent that a loss or damage results from the customer’s acts or omissions; inaccurate or incomplete information or instructions supplied by the customer; Customer Materials; unauthorized modifications; failure to follow reasonable instructions; failure to maintain required accounts, subscriptions, licences, credentials, backups, or security measures; use of a product or deliverable outside its intended or licensed scope; or the acts, omissions, failures, changes, or interruptions of a Third-Party Service outside PixelUp’s reasonable control.
The exclusions and limitations in this section are intended to allocate risk between PixelUp and its customers and apply only to the maximum extent permitted by applicable law. Nothing in these Terms excludes or limits liability, or any right or remedy, to the extent that such liability, right, or remedy cannot lawfully be excluded or limited.
20. Indemnification
To the maximum extent permitted by applicable law, you agree to indemnify and hold harmless PixelUp Inc. and its directors, officers, employees, contractors, agents, and representatives from and against third-party claims, demands, proceedings, liabilities, damages, judgments, settlements, penalties, costs, and reasonable legal fees arising out of or relating to: Customer Materials that you provide or authorize PixelUp to use; your infringement, misappropriation, or violation of another person’s intellectual-property, privacy, confidentiality, contractual, or other legal rights; your unlawful, fraudulent, or unauthorized use of the Website, a PixelUp product, service, or deliverable; your material breach of these Terms or another applicable PixelUp agreement; or your material breach of a representation, warranty, or obligation you have made to PixelUp.
Your indemnification obligation applies only to the extent that the applicable claim, liability, loss, or expense results from circumstances for which you are responsible under these Terms or the applicable agreement. You will not be required under this section to indemnify PixelUp to the extent that a claim or loss results from PixelUp’s own breach of an applicable agreement, negligence, wilful misconduct, or other conduct for which PixelUp cannot lawfully require indemnification.
PixelUp will provide reasonable notice of a claim for which it seeks indemnification under this section, provided that a delay in notice will not relieve you of your obligations except to the extent the delay materially prejudices your ability to respond to the claim.
PixelUp may participate in the defence of an indemnified claim with counsel of its choosing and, where PixelUp is a named or directly affected party, may assume control of the defence where reasonably necessary to protect its interests. PixelUp will act reasonably in exercising that right. You may not settle a claim in a manner that admits wrongdoing or liability by PixelUp, imposes an obligation on PixelUp, requires PixelUp to make a payment, restricts PixelUp’s business or rights, or otherwise materially affects PixelUp without PixelUp’s prior written consent, which will not be unreasonably withheld.
21. Cancellations, Refunds & Payment Disputes
Cancellation and refund rights may vary depending on the product or service purchased, whether work has begun, whether digital materials have been prepared or delivered, whether a licence has been issued or allocated, the applicable Project Terms or Licence Agreement, and any rights or remedies available under applicable law.
Unless otherwise provided by applicable law or expressly stated in the applicable product description, Project Terms, Licence Agreement, or other written agreement with PixelUp, a customer does not have an automatic right to cancel a service after PixelUp has begun performing the requested work or to receive a refund for services already performed, deliverables already prepared, third-party costs already incurred on the customer’s behalf, or other work completed in accordance with the applicable agreement.
Where a customer requests cancellation of a professional service before completion, PixelUp may stop further work and determine any amount payable or refundable based on the applicable Project Terms, work completed to the cancellation date, non-cancellable commitments or third-party costs reasonably incurred for the project, amounts already paid, and applicable law. Cancellation does not automatically eliminate amounts properly due for work already performed or costs already incurred.
Digital products, including Limited Edition Website Templates, may be subject to additional or different cancellation and refund conditions. The Limited Edition Website Template Licence Agreement governs refunds and cancellations applicable to those templates. Nothing in these Terms expands or reduces a refund or cancellation right expressly provided by that Licence Agreement or by applicable law.
If PixelUp cancels an accepted order or service for reasons not attributable to the customer and does not provide the applicable product or perform the applicable service, PixelUp will refund amounts paid for the portion that will not be provided, subject to any applicable agreement and legal requirements. This does not require PixelUp to refund amounts properly attributable to products or services already delivered or performed.
If you believe that a charge, invoice, payment, refund, or transaction is incorrect, you should contact PixelUp promptly so that the matter can be reviewed and, where possible, resolved.
A chargeback, payment reversal, or payment dispute does not by itself cancel an order, terminate an agreement, extinguish an outstanding payment obligation, or create a right to retain or continue using a product, licence, deliverable, or service without payment where payment is lawfully due.
Where a payment is reversed, charged back, disputed, fraudulent, unauthorized, or otherwise not successfully completed, PixelUp may suspend further performance, delivery, account access, support, or licence-related rights associated with the unpaid transaction where reasonably appropriate, subject to applicable law and the applicable agreement.
PixelUp and its applicable payment providers may process and retain information reasonably necessary to investigate, administer, document, prevent, or resolve refunds, cancellations, suspected fraud, chargebacks, payment reversals, and other transaction disputes, as further described in PixelUp’s Privacy Policy.
22. Suspension & Termination
PixelUp may suspend, restrict, or terminate access to the Website, a customer account, a product or service, further performance of services, or other rights provided directly by PixelUp where reasonably necessary because of a material breach of these Terms or another applicable agreement; non-payment or a reversed, disputed, fraudulent, or unauthorized payment; suspected fraud, unlawful activity, security threats, abuse, or unauthorized use; infringement or misuse of intellectual-property or licence rights; conduct that materially threatens PixelUp, its systems, customers, service providers, or other persons; failure to provide customer cooperation necessary for PixelUp to continue performing an applicable service; or another circumstance in which suspension or termination is expressly permitted by the applicable agreement or required by law.
Where the circumstances are reasonably capable of being corrected and immediate action is not necessary, PixelUp may provide notice of the issue and a reasonable opportunity to address it before terminating the affected account, service, or contractual right. PixelUp may suspend or terminate without prior notice where reasonably necessary to address fraud, unlawful conduct, security risks, material misuse, intellectual-property infringement, unauthorized access, an urgent risk of harm, or another circumstance requiring prompt action.
A customer may discontinue use of the Website at any time and may request closure of a customer account, subject to outstanding orders, payment obligations, licences, projects, record-retention requirements, and other rights or obligations that remain applicable. Cancellation or termination of a particular product, service, project, or licence is governed by the terms applicable to that product, service, project, or licence.
Suspension or termination does not automatically cancel or extinguish amounts properly due for products or services already provided, work already performed, costs already incurred, or other payment obligations that arose before suspension or termination. It also does not create an automatic right to a refund.
Upon termination of a product, service, licence, or other agreement, rights granted solely for the duration of that relationship will cease to the extent provided by the applicable agreement. Any provisions that by their nature are intended to survive termination, including provisions concerning intellectual property, Customer Materials, payment obligations, confidentiality where applicable, disclaimers, limitations of liability, indemnification, dispute resolution, and accrued rights and remedies, will continue to apply.
Where a Limited Edition Website Template licence is involved, suspension, termination, and the consequences of termination of that licence are governed by the Limited Edition Website Template Licence Agreement. Nothing in these Terms independently expands, reduces, or overrides the termination rights or continuing obligations established by that Licence Agreement.
PixelUp may preserve records and information following suspension or termination where reasonably necessary for legitimate business, legal, accounting, security, fraud-prevention, dispute-resolution, intellectual-property, licence-administration, or other purposes described in PixelUp’s Privacy Policy and permitted by applicable law.
23. Governing Law & Dispute Resolution
These Terms and any dispute arising out of or relating to these Terms, the Website, or a product or service provided by PixelUp will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario, without regard to conflict-of-laws principles that would require the application of another jurisdiction’s laws.
Before commencing formal legal proceedings, you and PixelUp agree to make reasonable efforts to resolve a dispute in good faith through direct communication. A party raising a dispute should provide sufficient information to allow the other party reasonably to understand the nature of the dispute and the resolution being requested. Nothing in this paragraph requires a party to continue informal discussions where doing so would be unreasonable or prevents a party from taking timely action necessary to preserve a legal right or remedy.
Subject to any jurisdiction, venue, consumer-protection, small-claims, or other rights that cannot lawfully be excluded or restricted, you and PixelUp agree that the courts located in Ontario, Canada will have jurisdiction over disputes arising out of or relating to these Terms, the Website, or a product or service provided by PixelUp.
Nothing in these Terms prevents either party from seeking interim, injunctive, protective, or other urgent relief from a court of competent jurisdiction where reasonably necessary to prevent or address actual or threatened infringement, misuse of intellectual property, unauthorized access, security threats, misuse of confidential information, fraud, or other circumstances in which waiting for ordinary dispute-resolution procedures could result in material harm.
Nothing in this section excludes, restricts, or modifies any right, remedy, jurisdiction, venue, procedure, or protection available under applicable consumer-protection or other law that cannot lawfully be excluded, restricted, or modified by agreement.
Where another applicable PixelUp agreement contains a dispute-resolution or governing-law provision specifically applicable to a particular product, service, licence, project, or transaction, that more specific provision will govern that subject matter to the extent of any conflict with this section.
24. General Provisions
These Terms, together with any additional terms, policies, agreements, product descriptions, orders, proposals, statements of work, or other written terms expressly applicable to a particular product, service, licence, project, or transaction, constitute the agreement between PixelUp and the applicable customer or user concerning the subject matter they govern. The relationship and priority between these Terms and more specific PixelUp agreements are determined in accordance with Section 2.
If any provision of these Terms is determined by a court or other authority of competent jurisdiction to be invalid, illegal, or unenforceable, that provision will be interpreted, limited, or severed to the minimum extent reasonably necessary, and the remaining provisions will continue in effect to the extent permitted by applicable law.
PixelUp’s failure or delay in exercising or enforcing a right, remedy, power, or provision under these Terms does not constitute a waiver of that right, remedy, power, or provision. A waiver concerning one circumstance does not constitute a waiver concerning another circumstance unless expressly stated in writing.
You may not assign or transfer your rights or obligations under these Terms or an applicable order, project, service, or agreement without PixelUp’s prior written consent where the assignment or transfer would materially affect PixelUp’s rights, obligations, risks, or performance, except where another applicable agreement expressly permits the assignment or transfer. PixelUp may assign or transfer its rights or obligations in connection with a bona fide corporate reorganization, merger, acquisition, sale of business or assets, or similar transaction, or to an affiliate or successor, provided that doing so does not improperly reduce rights already granted to the customer under an applicable agreement.
Nothing in the preceding paragraph independently permits or prohibits the transfer of a Limited Edition Website Template licence. Any transfer, continuation, or reassignment of such a licence is governed by the Limited Edition Website Template Licence Agreement.
Neither party will be responsible for a delay or failure to perform an obligation to the extent caused by circumstances outside that party’s reasonable control, including natural disasters, severe weather, fire, flood, war, terrorism, civil disturbance, governmental action, widespread telecommunications or utility failures, major internet or hosting disruptions, labour disruptions not limited to the affected party’s own workforce, epidemics or public emergencies, or comparable events beyond reasonable control. The affected party will make reasonable efforts to mitigate the effect of the event and resume affected performance when reasonably practicable.
A circumstance outside a party’s reasonable control does not excuse payment of amounts already due for products or services previously provided or work already performed and does not excuse an obligation that can reasonably be performed despite the affected circumstance.
Notices and communications relating to these Terms, an order, account, licence, project, or service may be provided electronically where permitted by applicable law, including through email, the Website, a customer account, or another electronic method reasonably appropriate to the relationship. Electronic agreements, approvals, acknowledgements, records, and signatures may be used to the extent permitted by applicable law.
Headings are provided for convenience and organization and do not limit or otherwise affect the interpretation of these Terms. Words such as “including,” “includes,” and similar expressions are illustrative and do not limit the general meaning of the words that precede them. References to writing or written communications include electronic communications where appropriate and legally permitted.
Nothing in these Terms creates a partnership, joint venture, employment, fiduciary, franchise, or agency relationship between PixelUp and a customer or Website user merely as a result of access to the Website or the purchase or use of a PixelUp product or service. Neither party has authority to bind the other except where expressly authorized.
Any rights and remedies provided under these Terms are cumulative to the extent permitted by applicable law and do not exclude other rights or remedies that may be available under an applicable agreement or law.
25. Contact Information
Questions about these Terms, a PixelUp product or service, an order, account, licence, project, payment, or other matter relating to your relationship with PixelUp may be directed to:
PixelUp Inc.
Ontario, Canada
Email: info@pixelup.ca
Website: pixelup.ca
Where a notice is required under a specific agreement to be delivered in a particular manner or to a particular address, the notice requirements contained in that agreement will govern.
These Terms were last updated on August 28, 2026.
Privacy Policy
1. Who we are
This website is owned and operated by PixelUp Inc., an Ontario corporation operating in Canada under the name PixelUp. PixelUp provides website design and development services, including custom WordPress and WooCommerce websites, limited edition website templates, website implementation, website copywriting, branding, and related digital services.
This Privacy Policy explains how PixelUp Inc. collects, uses, discloses, stores, and protects personal information when you visit pixelup.ca, purchase a product, request or receive services, create or use an account, communicate with us, engage PixelUp for a project, or otherwise interact with PixelUp. This Privacy Policy applies to personal information handled by PixelUp through the Website, PixelUp-operated subdomains and live demonstration websites, and in connection with our business, products, services, projects, customer and client relationships, communications, and related activities, whether those interactions occur through the Website or through other channels used to provide our products and services.
Third-party websites, platforms, payment providers, hosting providers, software providers, and other independent services may have their own privacy policies and practices. This Privacy Policy does not govern the independent collection, use, or handling of personal information by those third parties. Where PixelUp uses a third-party service provider to process personal information on our behalf or in connection with our operations, PixelUp will handle its own responsibilities regarding that information in accordance with applicable privacy law.
PixelUp is committed to handling personal information responsibly and in accordance with applicable Canadian privacy requirements and, where applicable, other privacy laws, including the European Union General Data Protection Regulation (GDPR), where such legislation applies to a particular individual or processing activity.
For questions about this Privacy Policy or PixelUp’s handling of personal information, you may contact us using the information provided in the Contact Information section below.
What personal data we collect and why we collect it
2. Information We Collect
The information PixelUp collects depends on how you interact with the Website and which products or services you request.
For purposes of this Privacy Policy, personal information generally means information about an identifiable individual. Some information may identify you directly, while other information may identify or relate to you only when considered together with other information or in a particular context.
PixelUp may also collect or generate aggregated, anonymized, statistical, or technical information that does not reasonably identify an individual. Where information has been appropriately anonymized or aggregated so that it can no longer reasonably be associated with an identifiable individual, PixelUp may use that information for analytical, statistical, security, technical, or business purposes where permitted by applicable law.
Information You Provide or Make Available to PixelUp
When you contact PixelUp, request a quote, purchase a product, create an account, or engage us for services, we may collect information such as your name, email address, telephone number, company or business name, billing information, and other contact or business information you choose to provide.
When you create a customer account or place an order through the Website, we may collect information associated with your account and transaction, including your name, email address, billing information, order history, purchased products or services, transaction status, account details, and other information reasonably necessary to administer your account or fulfil your order.
Where payment information is entered directly into a third-party payment system, the applicable payment provider processes that information according to its own systems and privacy practices. PixelUp may receive limited transaction information necessary to confirm and administer the payment, as described later in this Privacy Policy.
When you purchase a limited edition website template, we collect the domain name supplied with the order and other information reasonably necessary to prepare, configure, license, and deliver the template for that website. We may also collect information relating to optional services selected with the order, such as Implementation or Website Copywriting.
When you contact PixelUp regarding a custom WordPress or WooCommerce website, branding, or another professional service, we may collect information reasonably necessary to understand, quote, plan, develop, and complete the project. This may include information about your business or organization, existing website, domain, hosting environment, products or services, website requirements, functionality, branding, content, portfolio, technical requirements, project contacts, and other information you choose to provide during the project.
Where PixelUp is engaged to implement, develop, migrate, configure, troubleshoot, optimize, maintain, or otherwise work directly with a customer’s website or related systems, we may receive technical information or access credentials necessary to perform the authorized work. Depending on the service, this may include WordPress administrator access, hosting or server access, database or file access, domain or DNS-related access, or other technical credentials or information required to perform the requested service.
PixelUp requests such access only where reasonably necessary for the applicable work and treats technical credentials as sensitive access information. Additional information about how this access is used, protected, and retained is provided later in this Privacy Policy.
If you purchase Website Copywriting or provide content for a custom website project, PixelUp may collect information about your business, history, services, products, team, portfolio, projects, brand, positioning, intended audience, and other information you provide for the purpose of developing website content.
In connection with a website project or other service, you may also provide PixelUp with information about other individuals. This may include information contained in team profiles, biographies, testimonials, portfolio or project materials, photographs, customer or client information, website content, databases, or other materials supplied or made accessible for the project.
Where you provide personal information about another individual, you are responsible for ensuring that you have the authority to provide that information and that its collection, use, disclosure, and processing for the applicable project or service are permitted. PixelUp will access and use such information only as reasonably necessary to provide the requested services or for another purpose permitted or required by applicable law.
PixelUp may also collect and retain information contained in communications with you, including emails, contact or quote requests, customer-service inquiries, project correspondence, instructions, feedback, approvals, support requests, and other communications relating to our products, services, or business relationship.
Technical, Usage & Automatically Collected Information
When you visit or interact with the Website, certain technical and usage information may be collected automatically by PixelUp or service providers used to operate, secure, maintain, and analyze the Website.
This may include your IP address, browser type, device type, operating system, approximate geographic region, referring website or source, pages viewed, dates and times of visits, interactions with the Website, and other technical or usage information.
Technical information is not necessarily anonymous or non-personal merely because it does not identify you by name. Depending on the information, context, and applicable law, technical or usage information may constitute personal information or may become capable of identifying or being associated with an individual when combined with other information.
Additional information regarding cookies, similar technologies, and analytics is provided in the Cookies & Analytics section of this Privacy Policy.
3. How We Collect Information
PixelUp collects personal information in several ways depending on how you interact with us. Information may be provided directly by you, made available to PixelUp in connection with an authorized project or service, collected automatically through your use of the Website, or received from service providers involved in operating our Website or providing our products and services. You may provide information directly when you contact PixelUp, request a quote, create a customer account, purchase a limited edition website template or optional service, or engage us for a custom WordPress or WooCommerce project.
For limited edition website template orders, this may include the domain name and other information needed to prepare, configure, license, and deliver the template for your website. If you purchase Website Copywriting, you may also provide information about your business, services, products, portfolio, projects, brand, and other details needed to develop the website content.
During custom website projects or Implementation services, you may provide files, website content, project requirements, instructions, approvals, feedback, and other information necessary to perform the work. Where technical access is required, you may also provide temporary access to WordPress, hosting, server, database, domain, DNS, or other systems involved in the project.
PixelUp may also receive or access information contained in materials, websites, databases, accounts, or systems that you make available to us for an authorized project or service. This may include personal information relating to employees, customers, clients, contractors, or other individuals. Your responsibilities when providing PixelUp with third-party information or access to existing systems are described elsewhere in this Privacy Policy.
Certain technical and usage information may be collected automatically when you visit or interact with the Website through cookies, server logs, analytics technologies, security tools, and similar technologies used to operate, protect, understand, and improve the Website. Additional information about these technologies is provided in the Cookies & Analytics section.
PixelUp may also receive limited information from service providers used to process transactions, operate the Website, deliver digital products, provide security, or perform other business functions. For example, after a payment is processed by a payment provider, PixelUp may receive information confirming the transaction, payment status, transaction identifier, purchaser information, and other information reasonably necessary to fulfil the order and maintain appropriate business records.
We may also receive information from hosting, analytics, security, cloud-storage, file-transfer, or other technical service providers where reasonably necessary to operate, protect, troubleshoot, or improve the Website and our services.
PixelUp limits the collection of personal information to information reasonably necessary for the purposes identified in this Privacy Policy, the products or services requested, or other purposes communicated at or before the time the information is collected, subject to applicable law.
4. How We Use Your Information
PixelUp uses personal information to operate and protect our Website, provide the products and services you request, communicate with you, administer customer and client relationships, fulfil orders and projects, maintain appropriate business records, and carry out other purposes described in this Privacy Policy.
When you purchase a limited edition website template, we use the information associated with your order to process the purchase, prepare and configure the template for the licensed domain, provide any optional services you selected, deliver the digital product, maintain appropriate licence records, and provide customer support.
For custom WordPress and WooCommerce projects, Implementation, Website Copywriting, branding, and other professional services, we use the information you provide to understand and plan the project, prepare quotes or agreements, perform the requested work, obtain approvals and feedback, communicate about progress and technical requirements, manage billing, and complete the project.
Where PixelUp is given access to an existing website, database, hosting environment, account, or other system in connection with an authorized project or service, we may access and use information contained within those systems only to the extent reasonably necessary to perform the requested work. This may include development, configuration, migration, troubleshooting, testing, optimization, maintenance, security, backup, restoration, or other technical activities authorized by the customer or client.
In performing those services, PixelUp may create or use temporary development environments, staging copies, backups, database exports, migration packages, or other technical copies where reasonably necessary to complete, test, protect, migrate, or restore the applicable website or system. The handling and retention of these materials are addressed further in the Digital Product Delivery, Implementation & Account Access and How Long We Retain Information sections of this Privacy Policy.
Where you maintain a customer account, we may use your information to administer the account, maintain order history and preferences, authenticate access, provide relevant account functionality, and help protect account security.
PixelUp may also use personal information where reasonably necessary to maintain financial, tax, contractual, project, licensing, and other appropriate business records.
Information may be used to detect, investigate, or prevent fraud, unauthorized access, security incidents, misuse or unauthorized distribution of our digital products, intellectual property infringement, payment disputes, violations of our Terms, licences, or other agreements, or other activity that may threaten or interfere with the rights, property, security, Website, products, services, customers, clients, or legitimate business interests of PixelUp or others.
Technical and usage information may be used to understand how visitors interact with the Website, diagnose technical problems, maintain security and performance, analyze Website usage, and improve our Website, products, services, content, functionality, and user experience.
PixelUp may also use or disclose personal information where reasonably necessary to comply with applicable legal, regulatory, tax, accounting, court, or other lawful requirements; respond to valid legal process or lawful requests; or establish, exercise, enforce, or defend contractual, intellectual property, or other legal rights and claims.
Where PixelUp wishes to use personal information for a materially different purpose from the purpose for which it was originally collected, we will do so only where permitted by applicable law and will obtain additional consent where required.
5. Legal Bases for Processing
The legal basis or authority on which PixelUp collects, uses, discloses, or otherwise processes personal information depends on your location, the nature of the information, the purpose for which it is handled, PixelUp’s relationship with you, and the privacy law that applies.
Privacy laws do not all use the same legal bases or terminology. Depending on the applicable law and circumstances, PixelUp may process personal information on one or more of the grounds, authorities, or exceptions recognized under that law, including those described below.
Providing Products & Services
PixelUp may process personal information where it is necessary to take steps at your request before entering into an agreement, to enter into or perform an agreement with you, or otherwise to provide a product or service you have requested where permitted by applicable law.
This may include processing information to respond to an inquiry, prepare a quote or proposal, process an order or payment, configure and deliver a website template, document and administer a template licence, provide Implementation, Website Copywriting or branding services, develop a custom website, provide customer support, administer billing, or otherwise manage and complete a project or customer relationship.
Where PixelUp is authorized to access a customer’s or client’s website, hosting environment, database, account, files, or other system in order to provide a requested service, information contained within those systems may also be processed to the extent reasonably necessary to perform the authorized work.
Consent
Where required or otherwise appropriate under applicable law, PixelUp may rely on consent to collect, use, or disclose personal information for a particular purpose. Consent may be express or implied where permitted by applicable law and appropriate in the circumstances, taking into account factors such as the nature and sensitivity of the information and the reasonable expectations of the individual.
Where processing is based on consent, you may withdraw that consent, subject to applicable legal or contractual restrictions and reasonable notice. Withdrawal of consent does not affect processing that occurred lawfully before consent was withdrawn. Depending on the information and service involved, withdrawing consent may affect PixelUp’s ability to provide or continue providing a product or service that reasonably requires that information.
Legitimate Business Interests
Where applicable law recognizes legitimate interests as a lawful basis for processing, PixelUp may process personal information where reasonably necessary for legitimate business interests, provided those interests are not overridden by applicable privacy rights and protections.
These interests may include operating, maintaining, improving, and securing the Website and our services; preventing and investigating fraud, misuse, security incidents, and unauthorized access; administering customer and client relationships; maintaining appropriate business, licensing, transaction, and project records; protecting digital products, intellectual property and licence rights; resolving disputes; and establishing, exercising, enforcing, or defending contractual or other legal rights and claims.
Legal Obligations & Other Lawful Requirements
PixelUp may collect, retain, use, disclose, or otherwise process personal information where reasonably necessary to comply with applicable legal, regulatory, tax, accounting, corporate, court, law-enforcement, or other lawful requirements. This may include retaining records PixelUp is legally required to maintain, responding to valid legal process or lawful requests from authorized authorities, complying with applicable reporting requirements, or taking other actions required or permitted by law.
Protection of Rights, Property & Security
Where permitted by applicable law, PixelUp may process or disclose personal information where reasonably necessary to protect the rights, property, security, or legitimate interests of PixelUp, our customers or clients, Website users, service providers, or others. This may include detecting, preventing, investigating, or responding to suspected fraud, fraudulent or unauthorized transactions, chargebacks or payment disputes, security incidents, unauthorized access, misuse or unauthorized distribution of digital products, intellectual property or licence infringement, violations of our Terms or agreements, or other conduct that may threaten or interfere with applicable rights, systems, services, or property.
Business Transactions
Where permitted by applicable law, personal information may be processed or disclosed as reasonably necessary in connection with an actual or proposed corporate transaction involving PixelUp Inc., such as a merger, acquisition, financing, reorganization, sale of assets, or similar transaction. Any such processing or disclosure will remain subject to applicable privacy requirements and any safeguards or restrictions required in the circumstances.
Nothing in this section expands PixelUp’s right to collect, use, disclose, retain, or otherwise process personal information beyond what is permitted by applicable law.
6. Cookies & Analytics
PixelUp uses cookies and similar technologies to operate the Website, provide essential functionality, maintain security and performance, remember certain settings, and understand how visitors use the Website. Some cookies and related technologies are necessary for the Website to function properly. These may support features such as customer accounts, shopping carts, checkout, authentication, security, session management, and the recording of cookie-consent choices. Because these technologies are required for essential Website functionality, they may operate without optional analytics consent.
Other technologies are used for non-essential purposes such as website analytics. Where PixelUp requests consent for a particular category of cookies or similar technologies, those technologies are not activated until the applicable consent has been provided. Visitors may also control or delete cookies through their browser settings. Blocking or deleting certain cookies, particularly those necessary for Website functionality, may affect features such as account access, shopping carts, checkout, security, or other Website functions.
Cookie Consent & Preferences
PixelUp uses Complianz to manage cookie consent and visitor preferences. Where the consent banner is displayed, visitors may review the available cookie categories and make choices directly through the banner. Consent preferences may be stored so that the Website can remember a visitor’s choices on subsequent visits. Visitors may change or withdraw available cookie preferences through the consent-management controls provided on the Website. Consent to non-essential cookies is voluntary and may be changed or withdrawn through the Website’s cookie-consent controls. Withdrawal of consent does not affect processing that occurred lawfully before consent was withdrawn.
More detailed information about the cookies and similar technologies detected or used on the Website, their purposes, applicable service providers, and available consent categories is provided in PixelUp’s Cookie Policy.
Google Analytics
PixelUp uses Google Analytics 4 (GA4) to understand how visitors interact with the Website and to help evaluate Website traffic, navigation, performance, content, and user experience. Google Analytics is implemented through Google Tag Manager. PixelUp has configured its consent system so that Google Analytics does not begin collecting analytics information until the visitor has provided the applicable Statistics consent through the Website’s consent mechanism.
Once Statistics consent has been provided, Google Analytics may process information such as pages viewed, interactions with the Website, device and browser information, referring source, approximate geographic information, dates and times of visits, and other technical or usage information associated with Website activity.
PixelUp does not intentionally use Google Analytics to collect passwords, complete payment-card information, private project communications, or other information that is not reasonably required for website analytics. Information processed through Google Analytics may be processed by Google in jurisdictions outside Canada. Additional information about international processing is provided in the International Data Transfers section of this Privacy Policy.
Third-Party Technologies
Some third-party services used in connection with the Website, including payment, security, spam-prevention, hosting, analytics, or other technical services, may use cookies, browser storage, scripts, or similar technologies as part of providing their functionality. Where such technologies are subject to PixelUp’s consent configuration, they are handled according to the applicable consent category. Other technologies may be necessary to provide a service requested by the visitor or to maintain essential Website functionality and security.
Third-party providers may process information according to their own privacy policies, security practices, and legal obligations. To the extent a third party independently determines how it processes information or uses technologies outside PixelUp’s control, its practices are governed by its own terms and privacy documentation. Additional information about the third-party providers used by PixelUp is provided in the Service Providers & Who We Share Information With section below.
7. Online Store & Payments
PixelUp operates an online store through WooCommerce, which allows visitors and customers to purchase products and services, submit orders, manage certain account information, and access other e-commerce features available through the Website.
When you place an order, make a purchase, create or use a customer account, or otherwise interact with the online store, PixelUp may collect and process information such as your: name and contact information; email address; billing information; account information, where applicable; domain name or other information associated with a purchased service; products or services purchased; order and transaction details; payment status and transaction identifiers; and information reasonably necessary to process, manage, support, refund, investigate, or maintain records relating to a transaction.
PixelUp may use this information to process and fulfill orders, provide purchased products or services, communicate about transactions, provide customer support, maintain customer accounts, process refunds, maintain business and accounting records, prevent or investigate fraud or misuse, resolve payment disputes, and comply with applicable legal, tax, accounting, and contractual obligations.
Payment Processing
Payments made through the Website are processed using third-party payment providers made available at checkout. The payment methods available to you may vary depending on the transaction, device, location, or services offered by the applicable payment provider. When you make a payment, certain information may be submitted directly to the applicable payment provider. Depending on the payment method, this may include payment-card or account information, billing information, transaction details, device or technical information, and information used for authentication, security, or fraud prevention.
PixelUp does not intentionally collect or store complete payment-card numbers, card security codes, or other complete payment credentials when those details are processed directly by a third-party payment provider. PixelUp may receive and retain information relating to the transaction, such as the customer’s name, billing details, amount paid, payment status, transaction identifier, payment method or provider, refund information, and other information reasonably necessary to administer the transaction.
Fraud, Chargebacks & Payment Disputes
PixelUp may use order, payment, account, communication, and relevant technical information to prevent, detect, or investigate suspected fraudulent transactions, unauthorized purchases, abuse of the Website or its services, chargebacks, payment disputes, or other activity that may affect PixelUp, its customers, or its service providers. Where reasonably necessary, PixelUp may disclose relevant transaction or account information to payment providers, financial institutions, fraud-prevention or security providers, professional advisers, insurers, or other parties involved in investigating or resolving a transaction, dispute, chargeback, suspected fraud, or legal claim.
Refunds & Transaction Records
Where a refund, cancellation, payment correction, or other transaction adjustment is required, PixelUp and the applicable payment provider may process information necessary to complete and document that transaction. PixelUp may retain order and transaction records for as long as reasonably necessary for accounting, taxation, contractual obligations, customer support, fraud prevention, dispute resolution, enforcement of agreements, legal claims, or compliance with applicable law.
Deleting a customer account or requesting deletion of personal information does not necessarily require PixelUp to delete transaction or business records that it is required or permitted to retain for these purposes.
Third-Party Payment Providers
Payment providers and other financial-service providers may independently collect and process personal information in accordance with their own terms, privacy policies, security practices, and legal obligations. PixelUp does not control how an independent payment provider processes information submitted directly to that provider. Customers should review the privacy information provided by the applicable payment provider if they would like additional information about its practices.
Information processed by payment providers may also be processed or stored outside Canada. Additional information about international processing is provided in the International Data Transfers section of this Privacy Policy.
WooCommerce
The Website uses WooCommerce to provide e-commerce functionality. Information processed through the online store may therefore also be processed by WooCommerce or its related service providers where necessary to provide, secure, support, or maintain that functionality.
Additional information about service providers and circumstances in which PixelUp may disclose personal information is provided in the Service Providers & Who We Share Information With section of this Privacy Policy.
8. Digital Product Delivery, Implementation & Account Access
PixelUp provides digital products and may also provide installation, configuration, customization, implementation, technical assistance, or related services in connection with those products or other services purchased or requested by a customer.
To provide these services, PixelUp may need to collect or access information relating to the customer’s website, hosting environment, domain, content-management system, plugins, themes, databases, email services, analytics or advertising platforms, third-party accounts, technical configuration, or other systems relevant to the requested work.
PixelUp uses this information only as reasonably necessary to provide the requested product or service, communicate with the customer, troubleshoot technical issues, maintain appropriate records, protect the security and integrity of its services, and comply with applicable legal or contractual obligations.
Digital Product Delivery
Digital products may be delivered through download links, customer accounts, email, licensing systems, third-party platforms, or other electronic delivery methods. PixelUp may process information such as your name, email address, account details, order information, download activity, licence information, domain information, and technical information where reasonably necessary to deliver, activate, secure, support, or administer a digital product.
Certain information relating to a purchase, licence, activation, download, or customer account may be retained after delivery where reasonably necessary for customer support, licence administration, transaction records, fraud prevention, dispute resolution, security, or legal and accounting obligations.
Website Implementation & Technical Services
Where PixelUp provides installation, configuration, customization, troubleshooting, migration, maintenance, or other technical services, access to the customer’s website or related systems may be necessary to complete the requested work. Depending on the service, this may involve temporary access to WordPress or another content-management system, hosting accounts, domain or DNS settings, databases, file systems, email services, analytics platforms, e-commerce systems, plugins, themes, APIs, or other third-party services.
PixelUp will access and use such systems and information only to the extent reasonably necessary to perform the requested work or address related technical or support issues.
Account Credentials & Access
Customers may occasionally need to provide PixelUp with login credentials, access links, API credentials, temporary administrator accounts, authentication information, or other means of accessing systems required to perform requested services. Where reasonably possible, customers should provide temporary, delegated, or limited-access credentials rather than their primary account credentials.
PixelUp will use credentials and account access provided by a customer only for the purposes for which access was provided, including performing requested services, troubleshooting, testing, configuration, implementation, or related support. PixelUp does not intentionally retain customer passwords or other access credentials longer than reasonably necessary for the purpose for which they were provided. Where ongoing access is not required, customers are encouraged to revoke temporary access, remove temporary accounts, rotate passwords or credentials, and otherwise secure their accounts after the requested work has been completed.
Customers remain responsible for maintaining appropriate control over their accounts and for determining which permissions or access rights they provide to PixelUp.
Information Encountered During Technical Work
While performing technical or implementation services, PixelUp may incidentally encounter information stored within or accessible through a customer’s systems, including website content, customer or user information, order information, email addresses, configuration data, logs, databases, or other information.
PixelUp does not access or use such information for unrelated purposes. Where access to such information is incidental to providing the requested service, PixelUp will limit its use to what is reasonably necessary to perform the work, troubleshoot issues, maintain security, or comply with applicable legal obligations. Customers are responsible for ensuring that they have the authority to provide PixelUp with access to systems and information made available for the requested services.
Third-Party Accounts & Services
Some PixelUp products or services may require interaction with third-party platforms, software, plugins, hosting providers, domain registrars, payment providers, analytics services, APIs, or other external systems selected or used by the customer. PixelUp does not control the privacy, security, availability, functionality, policies, or practices of independent third-party services. Those providers may process information according to their own terms and privacy policies.
A customer’s authorization for PixelUp to access or configure a third-party service does not transfer ownership or control of that service or account to PixelUp. Changes made by third-party providers, including changes to software, APIs, pricing, functionality, compatibility, security requirements, terms, or availability, may affect a digital product or implementation after delivery. PixelUp is not responsible under this Privacy Policy for the independent acts, omissions, security practices, or subsequent changes of third-party providers.
Security, Backups & Customer Responsibility
Customers are responsible for maintaining appropriate backups of their websites, systems, databases, content, and other information before providing access for implementation, modification, migration, troubleshooting, or other technical work. PixelUp may create temporary backups or copies where reasonably necessary to perform requested services, testing, troubleshooting, recovery, or migration. Any such information may be deleted when it is no longer reasonably necessary for those purposes, subject to applicable legal, security, contractual, or record-keeping requirements.
Customers are also responsible for maintaining the security of their own accounts, credentials, systems, software, and third-party services, including changing or revoking credentials provided to PixelUp when access is no longer required.
Completion of Services
After implementation or other technical services have been completed, PixelUp may retain limited information reasonably necessary to document the work performed, provide agreed support, administer licences or purchases, resolve disputes, maintain security records, or comply with legal, tax, accounting, or contractual obligations.
Unless ongoing maintenance, management, hosting, monitoring, or support has been separately agreed upon, completion of a service does not imply that PixelUp will continue to access, monitor, maintain, secure, back up, or administer the customer’s website, accounts, or third-party services.
Information retained by PixelUp remains subject to the retention, security, and privacy practices described elsewhere in this Privacy Policy.
9. Communications & Email
PixelUp may communicate with you when you contact us, request information, purchase a product or service, create or use an account, request support, work with PixelUp on a project, or otherwise interact with the Website or our services. Depending on the nature of the interaction, PixelUp may process information such as your name, email address, telephone number, company or organization, project or order information, account details, the content of your message, attachments or files you provide, and records of our correspondence.
PixelUp may use this information to respond to inquiries, provide customer or technical support, communicate about projects, products or services, administer orders and accounts, provide important service information, resolve problems or disputes, maintain appropriate business records, and comply with legal or contractual obligations.
Transactional & Service Communications
If you purchase a product or service, maintain an account, request support, or have an active business relationship with PixelUp, we may send communications that are reasonably necessary to provide or administer that relationship. These communications may include order confirmations, receipts, invoices, payment or refund information, download or licence information, account notifications, project updates, support responses, security notices, service-related information, changes affecting a purchased product or service, and other administrative communications.
These messages are not necessarily marketing communications. Where a communication is reasonably necessary to complete a transaction, provide a requested service, administer an existing relationship, protect an account or service, or comply with applicable law, PixelUp may need to send it regardless of your marketing communication preferences.
Marketing & Promotional Communications
PixelUp may send marketing or promotional electronic communications where you have provided consent or where otherwise permitted by applicable law. These communications may include information about PixelUp products, services, updates, promotions, resources, or other content that may be relevant to customers or subscribers.
Where consent is required, PixelUp will seek consent in accordance with applicable requirements. PixelUp may also maintain records reasonably necessary to document when and how consent was obtained, modified, or withdrawn. You may unsubscribe from marketing emails at any time by using the unsubscribe mechanism provided in the communication, where available, or by contacting PixelUp using the information provided in this Privacy Policy. An unsubscribe request applies to applicable marketing communications and does not necessarily prevent PixelUp from sending transactional, service, security, legal, or other non-promotional communications that are reasonably necessary in connection with your account, purchases, projects, requests, or relationship with PixelUp.
Contact Forms & Direct Inquiries
When you contact PixelUp through a Website form, email, telephone, or another available communication method, we may collect the information you choose to provide together with information reasonably necessary to respond to or manage your inquiry. Please avoid sending passwords, complete payment-card information, or other sensitive information through ordinary email or Website contact forms unless PixelUp specifically requests information through an appropriate method for a legitimate purpose.
Information submitted through a contact form or other communication channel may be processed by service providers that support the operation, hosting, security, spam prevention, or delivery of those communications.
Project & Client Communications
Communications relating to a project or client relationship may contain information necessary to understand requirements, prepare estimates or proposals, perform requested work, document approvals or instructions, provide support, resolve disputes, or maintain appropriate business records.
PixelUp may retain relevant correspondence and associated files where reasonably necessary for these purposes, even after a particular inquiry, project, transaction, or client relationship has concluded. The retention of such communications is subject to the retention practices described elsewhere in this Privacy Policy and applicable legal, contractual, accounting, security, and business requirements.
Email Delivery & Third-Party Services
PixelUp may use third-party service providers to host, route, deliver, secure, filter, or otherwise support email and other electronic communications. Those providers may process information such as sender and recipient addresses, message content, delivery information, technical information, and security or anti-spam data as necessary to provide their services.
Third-party providers may process information according to their own privacy policies, security practices, and legal obligations. Where information may be processed outside Canada, the practices described in the International Data Transfers section of this Privacy Policy also apply.
Additional information about service providers is provided in the Service Providers & Who We Share Information With section below.
10. Service Providers & Who We Share Information With
PixelUp does not sell personal information.
PixelUp may disclose or provide access to personal information where reasonably necessary to operate the Website, provide products and services, process transactions, communicate with customers and clients, maintain security, comply with legal obligations, protect legitimate business interests, or otherwise carry out the purposes described in this Privacy Policy. We limit disclosures to information reasonably necessary for the applicable purpose and, where appropriate, use service providers that process information on PixelUp’s behalf or provide services necessary to PixelUp’s operations.
Website, Hosting & Technical Infrastructure
PixelUp may use hosting providers, cloud services, content-delivery services, domain or DNS providers, database services, backup systems, technical infrastructure providers, and other service providers necessary to operate, maintain, secure, or deliver the Website and its services. These providers may process technical information, account information, Website content, logs, IP addresses, or other information necessary to provide and secure their services.
E-Commerce & Payment Providers
PixelUp uses third-party services to provide e-commerce functionality and process transactions. These may include WooCommerce and payment providers made available through the Website or at checkout.
Such providers may process customer, order, billing, transaction, payment, fraud-prevention, authentication, and related information as necessary to complete transactions, provide their services, comply with financial or legal obligations, and prevent or investigate fraudulent activity. Payment information submitted directly to an independent payment provider is subject to that provider’s own privacy and security practices.
Additional information about payments is provided in the Online Store & Payments section of this Privacy Policy.
Analytics & Website Performance
Where the applicable consent has been provided, PixelUp may use analytics providers to understand Website traffic, usage, performance, and visitor interactions. As described in the Cookies & Analytics section, PixelUp currently uses Google Analytics 4 through Google Tag Manager for website analytics. Analytics information may therefore be processed by Google in connection with providing these services. PixelUp’s use of non-essential analytics technologies is subject to the consent practices described in the Cookies & Analytics section.
Security, Spam Prevention & Fraud Prevention
PixelUp may use security, anti-spam, authentication, fraud-prevention, monitoring, or similar providers to protect the Website, accounts, transactions, communications, and services. These providers may process information such as IP addresses, device or browser information, Website activity, authentication information, form submissions, transaction information, or other technical or security-related information where reasonably necessary to detect, prevent, investigate, or respond to spam, fraud, abuse, unauthorized access, malicious activity, or other security threats.
Communications & Business Services
PixelUp may use providers that support email, Website forms, customer communications, file storage or transfer, project administration, accounting, invoicing, customer support, or other business operations. These providers may process information necessary to perform the relevant service, including contact information, communications, transaction information, project information, or files provided in connection with a customer or client relationship.
Professional Advisers
PixelUp may disclose personal information to accountants, lawyers, insurers, consultants, auditors, financial advisers, or other professional advisers where reasonably necessary to obtain professional services, maintain business records, establish or defend legal rights, resolve disputes, manage risk, or comply with legal, tax, accounting, insurance, or regulatory obligations.
Legal Requirements & Protection of Rights
PixelUp may disclose personal information where reasonably necessary or required to comply with applicable law, regulation, legal process, court order, subpoena, governmental request, or other lawful requirement. PixelUp may also disclose information where reasonably necessary to investigate or prevent fraud, security incidents, unlawful activity, misuse of the Website or services, violations of applicable agreements, or threats to the rights, property, safety, or security of PixelUp, its customers, service providers, or others. Where appropriate and legally permitted, PixelUp will consider the nature and scope of a request before disclosing personal information.
Business Transactions
If PixelUp is involved in a proposed or completed merger, acquisition, financing, restructuring, sale of assets, transfer of business operations, insolvency proceeding, or similar business transaction, personal information may be disclosed to advisers, prospective purchasers, investors, lenders, counterparties, or other participants where reasonably necessary to evaluate, negotiate, complete, or administer the transaction.
Where appropriate, PixelUp will take reasonable steps to require personal information disclosed in connection with a proposed transaction to be handled confidentially and used for purposes related to that transaction. If ownership or control of all or part of PixelUp changes, relevant personal information may be transferred as part of that transaction, subject to applicable law.
Disclosures at Your Request or With Your Authorization
PixelUp may disclose information to another person or organization where you request, direct, authorize, or consent to the disclosure. For example, a client may ask PixelUp to work with the client’s hosting provider, developer, designer, marketing provider, IT provider, domain registrar, or another third party in connection with a project or service. Where you direct PixelUp to interact with a third party on your behalf, that third party’s own privacy practices may apply to information it independently receives or processes.
Service Provider Responsibilities
Service providers may process personal information on PixelUp’s behalf or may process certain information independently where necessary to provide their services or comply with their own legal obligations. Where appropriate and reasonably available, PixelUp considers relevant privacy and security practices when selecting and using service providers and limits the information made available to what is reasonably necessary for the applicable service. Third-party providers remain responsible for their own privacy, security, and legal obligations with respect to information they independently control or process.
Some service providers may process information outside Canada. Additional information is provided in the International Data Transfers section of this Privacy Policy.
11. International Data Transfers
PixelUp is based in Canada, but some of the service providers and technologies used to operate the Website and provide products and services may process, store, access, or transfer personal information in countries outside Canada. For example, information may be processed outside Canada in connection with website hosting or infrastructure, payment processing, e-commerce services, analytics, communications, security, cloud services, technical support, or other services described in this Privacy Policy. As a result, personal information may be transferred to, stored in, or accessed from jurisdictions whose privacy and data-protection laws differ from those applicable in Canada.
Processing Outside Canada
When personal information is processed outside Canada, it may be subject to the laws of the jurisdiction in which it is processed or stored. Courts, law-enforcement agencies, regulatory authorities, national-security authorities, or other governmental bodies in those jurisdictions may have lawful authority to access personal information in accordance with applicable local laws. The fact that information is processed outside Canada does not necessarily mean that it receives the same legal protections that would apply if the information remained in Canada.
Service Providers & Safeguards
PixelUp may use service providers that operate internationally or use servers, personnel, affiliates, subcontractors, or infrastructure located in multiple jurisdictions. Where appropriate and reasonably available, PixelUp considers the privacy and security practices of service providers and takes reasonable steps to use providers that maintain safeguards appropriate to the nature of the information and services involved.
Depending on the provider and circumstances, safeguards may include contractual commitments, access controls, encryption, security measures, privacy policies, data-processing terms, or other protections offered by the provider. PixelUp cannot guarantee that the privacy or data-protection laws of another jurisdiction will be identical to those of Canada or that foreign governmental authorities will never obtain lawful access to information processed within their jurisdiction.
Third-Party Services
Certain third-party providers may independently determine where and how information is processed as part of providing their services. For example, payment providers, analytics providers, e-commerce platforms, cloud or hosting providers, security services, and communications providers may operate infrastructure in Canada, the United States, or other jurisdictions.
Information processed independently by those providers is also subject to their applicable privacy policies, contractual terms, security practices, and legal obligations. Additional information about the categories of third parties with whom PixelUp may share information is provided in the Service Providers & Who We Share Information With section of this Privacy Policy.
If you have questions about how PixelUp handles personal information in connection with international processing, you may contact us using the information provided in the Contact Information section below.
12. How We Protect Your Information
PixelUp takes reasonable administrative, technical, and organizational measures designed to protect personal information against unauthorized access, use, disclosure, alteration, loss, destruction, or other unauthorized processing. The safeguards used may vary depending on the nature and sensitivity of the information, the purposes for which it is processed, the systems and services involved, and the reasonably foreseeable risks associated with its handling. PixelUp may review and update its safeguards as technologies, services, business practices, and risks change.
Website & Information Security
PixelUp uses security measures appropriate to the nature and sensitivity of the information being processed and the systems through which it is handled. These measures may include access controls, authentication measures, website and server security tools, encryption provided through hosting and service platforms, software maintenance and updates, monitoring, backups, and other reasonable security practices.
Access to personal information under PixelUp’s control is limited to persons and service providers who reasonably require access to perform authorized work, provide services, administer PixelUp’s operations, or fulfil another permitted purpose described in this Privacy Policy.
Where PixelUp is provided with access to customer websites, hosting environments, databases, accounts, or other technical systems, we take reasonable measures to limit that access and its use to the purposes necessary to perform the authorized work. Additional information regarding customer systems, access credentials, development environments, and technical copies is provided in Digital Product Delivery, Implementation & Account Access.
Customers are responsible for taking reasonable steps to protect accounts, credentials, websites, and other systems under their control. Where temporary access has been provided to PixelUp for technical or implementation services, customers are encouraged to revoke that access or change applicable credentials when the access is no longer required.
Third-Party Services & Infrastructure
PixelUp relies on third-party providers for services such as website hosting, payment processing, analytics, cloud storage, file delivery, and other technical or business infrastructure. These providers maintain their own security practices and are responsible for their respective systems and services in accordance with their own obligations. PixelUp takes reasonable care in selecting and using service providers and in configuring and using the services within PixelUp’s control. However, PixelUp cannot control every aspect of an independent provider’s infrastructure, systems, operations, or security practices.
Security Incidents
Despite reasonable safeguards, no method of electronic transmission, Internet communication, electronic storage, website, network, or information system can be guaranteed to be completely secure. If PixelUp becomes aware of a privacy or security incident involving personal information under its control, PixelUp will assess the incident and take reasonable steps appropriate to the circumstances. Where notification, reporting, record-keeping, or other action is required by applicable privacy law, PixelUp will take steps to meet those obligations.
Additional information regarding the inherent limitations of electronic security is provided in the Disclaimer to Security section of this Privacy Policy.
13. How Long We Retain Information
PixelUp retains personal information only for as long as reasonably necessary for the purposes for which it was collected, to provide products and services, maintain appropriate business and security records, administer licences, prevent or investigate fraud or misuse, comply with legal obligations, resolve disputes, and establish, exercise, defend, or enforce contractual, licensing, intellectual property, or other legal rights. Different types of information may therefore be retained for different periods depending on the nature and sensitivity of the information, the purpose for which it is processed, applicable contractual requirements, reasonably foreseeable legal or business needs, and legal or regulatory obligations.
Where information is relevant to an actual or reasonably anticipated dispute, claim, investigation, audit, chargeback, legal proceeding, or enforcement matter, PixelUp may retain the information for as long as reasonably necessary to address that matter and any related legal obligations.
Orders, Payments & Business Records
Information relating to purchases, invoices, payments, refunds, chargebacks, accounting, taxation, and other financial transactions may be retained for the period reasonably necessary to satisfy applicable accounting, tax, corporate, legal, fraud-prevention, dispute-resolution, and record-keeping requirements. Certain transaction records may need to be retained even after a customer requests deletion of other personal information where PixelUp is required or permitted to retain those records under applicable law or where they remain reasonably necessary for an applicable legal, contractual, accounting, fraud-prevention, or dispute-resolution purpose.
Template Licences & Licensed Domains
PixelUp may retain records identifying a purchased limited edition website template, the customer associated with the purchase, the licensed domain, licence history, approved domain changes, and other information reasonably necessary to document and administer the licence. Because a template licence may continue for as long as the licensed website remains entitled to use the template, certain licence records may be retained for the duration of the licence and for a reasonable period afterward where necessary to document the licence, protect intellectual property rights, prevent or investigate misuse, resolve disputes, or enforce applicable licence terms.
Custom Website Projects
Project records relating to custom WordPress or WooCommerce websites and other professional services may be retained for a reasonable period after completion or termination of the project. These records may include agreements, proposals, invoices, project correspondence, approvals, specifications, supplied content, development records, and other information reasonably necessary to document the work performed, provide agreed support, maintain appropriate business records, establish project history, protect legal or contractual rights, or address subsequent questions, claims, or disputes.
PixelUp does not undertake to retain every working file, website backup, development or staging copy, migration package, database export, or project asset indefinitely. Temporary technical copies may be deleted when they are no longer reasonably necessary for the purpose for which they were created, subject to applicable technical, backup, contractual, security, or legal requirements.
Inquiries & Communications
Contact inquiries, quote requests, project correspondence, customer-support communications, and similar records may be retained for as long as reasonably necessary to respond to the communication, manage the customer or client relationship, document business activity, and address appropriate follow-up, contractual, dispute-resolution, security, or legal matters. Communications that form part of a transaction, project, agreement, approval, instruction, dispute, or other business record may be retained with the related records for the applicable retention period.
Consent, Privacy Requests & Compliance Records
PixelUp may retain records relating to privacy choices, consent, withdrawal of consent, unsubscribe requests, privacy-rights requests, complaints, and PixelUp’s responses where reasonably necessary to demonstrate compliance with applicable privacy, electronic-communications, or other legal obligations. Where appropriate, limited information may also be retained after an opt-out, unsubscribe, or similar request to ensure that the request continues to be respected.
Analytics, Security & Technical Information
Analytics, server, security, fraud-prevention, and other technical information may be retained according to PixelUp’s operational and security requirements and the applicable retention settings and practices of the service providers involved. Where information has been appropriately anonymized so that it can no longer reasonably be associated with an identifiable individual, PixelUp may retain and use that information for business, analytical, statistical, security, or technical purposes where permitted by applicable law.
Deletion & Anonymization
When personal information is no longer reasonably necessary for the purposes for which it was retained, PixelUp may securely delete, destroy, anonymize, or otherwise dispose of the information in accordance with applicable law and reasonable technical practices.
Information contained in system backups, archives, logs, or similar technical copies may remain temporarily after deletion from active systems until those copies are overwritten, rotated, deleted, or otherwise removed in accordance with applicable backup and retention processes. During that period, such information will not be intentionally restored or used for unrelated purposes except where reasonably necessary for security, disaster recovery, legal compliance, or another permitted purpose.
Deletion or anonymization may also be limited or delayed where PixelUp is required or permitted to retain information for legal, tax, accounting, security, fraud-prevention, contractual, licensing, dispute-resolution, intellectual property, or other legitimate purposes described in this Privacy Policy.
14. Your Privacy Rights
Depending on your location and the privacy laws applicable to you, you may have rights regarding personal information PixelUp holds or processes about you.
These rights may include the ability to: request access to personal information PixelUp holds about you or information about how it has been collected, used, or disclosed; ask that inaccurate or incomplete personal information be corrected; request deletion of certain personal information; withdraw consent where processing relies on consent; object to or request restriction of certain processing where those rights are available under applicable law; request portability of certain personal information where applicable law provides that right; and exercise rights relating to certain automated decision-making or processing where applicable law provides those rights. The availability and scope of these rights depend on the law that applies and may be subject to exceptions, limitations, verification requirements, retention requirements, or other conditions provided by law.
Withdrawing Consent
Where PixelUp processes personal information based on your consent, you may withdraw that consent, subject to applicable legal or contractual restrictions and reasonable notice where permitted by law. Withdrawing consent does not affect processing that occurred lawfully before the withdrawal. Depending on the information and the product or service involved, withdrawing consent may also affect PixelUp’s ability to provide certain optional features, products, services, or functionality that depend on that processing. Cookie and analytics preferences may also be changed through the consent-management controls available on the Website, as described in the Cookies & Analytics section of this Privacy Policy.
Making a Privacy Request
You may contact PixelUp at info@pixelup.ca to request access to, correction of, or deletion of personal information, withdraw consent, ask about PixelUp’s handling of your personal information, or exercise another privacy right available to you under applicable law. PixelUp may ask for information reasonably necessary to verify your identity and authority before fulfilling a request. This helps prevent personal information from being disclosed, changed, or deleted at the request of an unauthorized person.
Where permitted by applicable law, an authorized representative may make a request on your behalf. PixelUp may take reasonable steps to verify the representative’s authority and, where appropriate, your identity before processing the request. PixelUp will respond to valid privacy requests within the timeframe required by applicable law. Where permitted or required, we may request additional information reasonably necessary to understand, verify, or process the request.
Limits on Privacy Requests
Privacy rights are not absolute. PixelUp may be required or permitted to retain certain information or decline, limit, or otherwise respond differently to a request where permitted by applicable law. For example, information may need to be retained to comply with tax, accounting, corporate, contractual, regulatory, security, or other legal obligations; maintain evidence of transactions; document or administer a website-template licence; prevent or investigate fraud or misuse; resolve disputes; protect intellectual property or contractual rights; or establish, exercise, or defend legal claims. PixelUp may also be permitted by applicable law to decline or limit requests that cannot reasonably be verified or that are manifestly unfounded, excessive, repetitive, or otherwise subject to a legal exception.
Additional information regarding PixelUp’s retention practices is provided in the How Long We Retain Information section of this Privacy Policy. Where PixelUp cannot fully comply with a request, we will handle the request in accordance with applicable privacy law and provide any explanation required by law.
Questions & Complaints
If you have a question or concern about PixelUp’s handling of your personal information or believe your privacy rights have not been respected, you may contact PixelUp using the information provided in this Privacy Policy so that we can review and respond to the matter. Depending on your location and applicable law, you may also have the right to make a complaint to the privacy or data-protection authority responsible for your jurisdiction.
Nothing in this Privacy Policy is intended to limit any privacy right or remedy that cannot lawfully be limited or waived.
15. Children’s Privacy
PixelUp’s Website, products, and services are intended for businesses, professionals, organizations, and individuals seeking website-related products or services. They are not directed toward children, and PixelUp does not intentionally solicit personal information from children.
PixelUp does not knowingly collect or process personal information from children in circumstances where parental or guardian consent or other authorization is required under applicable law and has not been obtained. If PixelUp becomes aware that personal information relating to a child has been collected or processed in circumstances where required consent or other legal authorization was not obtained, we will take reasonable steps to delete, restrict, or otherwise appropriately handle that information in accordance with applicable law.
If you are a parent, guardian, or other authorized person and believe that a child has provided personal information to PixelUp, or that personal information relating to a child has otherwise been provided to PixelUp inappropriately, please contact us at info@pixelup.ca. PixelUp may request information reasonably necessary to verify the circumstances, the identity or authority of the person making the request, and the information concerned before taking action. Any information provided for verification will be handled in accordance with this Privacy Policy and applicable law.
16. External Links
The PixelUp Website may contain links to third-party websites, services, platforms, software providers, hosting companies, social-media platforms, or other external resources. Links may also appear in content, resources, recommendations, integrations, project materials, or other information made available through the Website. When you follow a link from the PixelUp Website to an independent third-party website or service, you leave the environment controlled by PixelUp. That third party may collect and process personal information independently, and its collection, use, disclosure, retention, security, and other handling of personal information are governed by its own privacy policies, terms, and practices.
PixelUp does not control the privacy, security, availability, content, accuracy, or practices of independent third-party websites and services and is not responsible for their independent handling of personal information or their independent acts or omissions, except to the extent responsibility cannot lawfully be excluded or limited. The inclusion of a link to an external website, service, product, platform, or resource does not necessarily constitute an endorsement, guarantee, representation, or warranty by PixelUp regarding that third party, its products or services, its content, or its privacy or security practices.
This section applies to external websites and services that you choose to visit or interact with independently. It does not limit PixelUp’s responsibilities under applicable privacy law for third-party service providers or technologies that PixelUp uses to operate the Website or provide its products and services, as described elsewhere in this Privacy Policy. We encourage you to review the applicable privacy policies, terms, and other relevant information before providing personal information directly to, creating an account with, making a purchase from, or otherwise interacting with an external website or service.
17. Social Media
PixelUp may maintain profiles or pages on third-party social-media platforms and may provide links to those platforms through the Website. If you interact with PixelUp through a social-media platform, including by following an account, commenting, reacting to or sharing content, tagging or mentioning PixelUp, sending a message, or otherwise engaging with a PixelUp profile, the platform may collect and process information about your activity according to its own privacy policy, account settings, technologies, and practices.
PixelUp may receive information that you choose to make available through those interactions, such as your profile name, username, public account information, message content, comments, reactions, tagged content, or other information you voluntarily provide. Information provided to PixelUp through social media may be used to respond to your communication, provide requested information, administer a customer or client relationship, provide support, understand engagement with PixelUp’s content, address appropriate business or security matters, or for another purpose reasonably connected with the interaction.
Public Interactions & Content
Information you post, share, tag, mention, or otherwise make publicly available through a social-media platform may be visible to other users or the public depending on the platform, the nature of the interaction, and your privacy or account settings. PixelUp does not control who may view, copy, share, retain, index, or otherwise interact with information that you choose to make publicly available through an independent social-media platform. You should avoid providing sensitive personal information, passwords, website credentials, payment information, or other confidential information through public comments, posts, or other publicly visible social-media features.
Direct Messages
If you communicate with PixelUp through a private or direct-messaging feature, PixelUp may use the information you provide to respond to your inquiry, provide support, discuss products or services, or otherwise manage the interaction. Social-media messaging features are operated by the applicable platform. You should avoid sending passwords, complete payment-card information, or other highly sensitive or confidential information through social-media messages unless an appropriate method for providing that information has been specifically arranged. Where appropriate, PixelUp may ask that a conversation be continued through email or another communication method better suited to the nature of the information or request.
Social-Media Insights & Analytics
Social-media platforms may provide PixelUp with aggregated statistics, audience information, engagement metrics, or other insights concerning interactions with PixelUp’s profiles or content. Depending on the platform and your account or privacy settings, those services may collect and process information independently in order to generate such insights. PixelUp does not control the platform’s independent collection or processing of information for these purposes.
Third-Party Social-Media Platforms
PixelUp does not control the independent collection, use, disclosure, retention, security, tracking, advertising practices, or other processing of personal information by third-party social-media platforms. Those platforms may process information independently according to their own privacy policies, terms, technologies, account settings, and legal obligations.
Your use of a social-media platform, including your interactions with PixelUp through that platform, is also subject to the terms, privacy settings, and other policies established by the applicable platform. PixelUp remains responsible for its own handling of personal information it receives through social media to the extent required by applicable law.
18. Disclaimer to Security
PixelUp takes reasonable administrative, technical, and organizational measures designed to protect personal information, as described in the How We Protect Your Information section of this Privacy Policy. However, no website, Internet transmission, email communication, cloud-storage system, hosting environment, payment system, third-party service, network, device, or method of electronic transmission or storage can be guaranteed to be completely secure.
While PixelUp takes reasonable steps to protect personal information and systems within its control or responsibility, we cannot guarantee that unauthorized access, disclosure, alteration, loss, cyberattacks, technical failures, software vulnerabilities, malicious third-party activity, service-provider incidents, data loss, or other privacy or security incidents will never occur.
Third-Party Systems & Services
PixelUp relies on third-party providers and infrastructure for certain aspects of its Website, products, services, communications, payments, hosting, analytics, and other business operations. Although PixelUp takes reasonable care in selecting, configuring, and using services within its control, PixelUp cannot control or guarantee the security, availability, operation, or practices of systems and infrastructure independently operated by third parties. Third-party providers remain responsible for their respective systems, security practices, and legal or contractual obligations, as described elsewhere in this Privacy Policy.
Customer & Client Responsibilities
Customers and clients also play an important role in protecting their information and systems. You are responsible for taking reasonable precautions to protect account credentials, hosting credentials, WordPress accounts, devices, networks, websites, third-party accounts, and other systems under your control, and for maintaining appropriate security practices for systems that you own or administer.
Where PixelUp has been provided with temporary or administrative access to a customer’s website, hosting environment, account, or other system, customers are encouraged to revoke unnecessary access, remove temporary accounts, or change applicable credentials when that access is no longer required. PixelUp is not responsible for security incidents resulting solely from systems, accounts, credentials, actions, omissions, or circumstances outside PixelUp’s reasonable control, except to the extent responsibility cannot lawfully be excluded or limited.
Reporting a Security Concern
If you believe that credentials, information, or access provided to PixelUp have been lost, disclosed, accessed without authorization, or otherwise compromised, please notify PixelUp promptly so that appropriate steps can be taken where reasonably possible. Where PixelUp becomes aware of a privacy or security incident involving personal information under its control, PixelUp will assess and respond to the incident in accordance with applicable law, including any notification, record-keeping, mitigation, or reporting obligations that apply in the circumstances.
Nothing in this section excludes or limits any responsibility, right, remedy, or obligation that cannot lawfully be excluded or limited.
19. Changes to This Privacy Policy
PixelUp may update this Privacy Policy from time to time to reflect changes to our Website, products, services, business practices, technology, service providers, privacy or security practices, or applicable legal or regulatory requirements. When this Privacy Policy is updated, the revised version will be published on the Website and the Last Updated date will be updated accordingly. Unless otherwise stated or required by applicable law, the revised Privacy Policy will take effect when it is published on the Website.
Where a change materially affects how PixelUp collects, uses, discloses, retains, or otherwise processes personal information, PixelUp will take any additional steps required by applicable law. Depending on the circumstances, this may include providing additional or more prominent notice, obtaining consent, or taking other measures required before the relevant change takes effect. Where PixelUp previously obtained consent for a particular collection, use, or disclosure of personal information, an update to this Privacy Policy does not by itself expand that consent beyond what is permitted under applicable law.
We encourage you to review this Privacy Policy periodically for current information about PixelUp’s privacy practices. Your continued use of the Website does not constitute consent to a change where applicable law requires PixelUp to obtain consent by another means.
20. Contact Information
Questions, concerns, requests, or complaints regarding this Privacy Policy or PixelUp’s handling of personal information may be directed to:
PixelUp Inc.
Toronto, Ontario, Canada
Email: info@pixelup.ca
Website: pixelup.ca
You may also contact us to request access to or correction of personal information, withdraw consent where applicable, request deletion or exercise another privacy right available to you under applicable law. PixelUp may request information reasonably necessary to verify your identity before responding to a privacy request involving personal information. If you are not satisfied with PixelUp’s response to a privacy concern, you may have the right to contact the privacy or data-protection authority responsible for your jurisdiction.
Last Updated: August 28, 2026.
Returns & Refunds Policy
1. Returns
PixelUp’s limited edition website templates are digital products that are individually prepared and configured for the domain information supplied with each order. Because no physical product is supplied, digital template files cannot be physically returned once they have been prepared or delivered.
For this reason, PixelUp does not accept returns or exchanges for limited edition website templates after preparation of the purchased template has begun or the template package has been delivered, except where otherwise required by applicable law.
Customers are encouraged to review the applicable product description, included features, licence terms, technical requirements, and optional services before placing an order. If you are unsure whether a template is suitable for your website or project, please contact PixelUp before purchasing.
Nothing in this policy limits any right or remedy that cannot lawfully be excluded under applicable consumer protection legislation.
2. Refunds
Because PixelUp’s limited edition website templates are digital products individually prepared and configured for the domain supplied by the customer, refund eligibility depends on the stage the order has reached.
An order may be cancelled and refunded if PixelUp receives the cancellation request before preparation or customization of the purchased template has begun.
Once PixelUp has begun preparing or customizing the template for the supplied domain, including updating the template configuration, links, domain-specific information, files, or other elements required to prepare the purchased package for delivery, the order becomes non-refundable, except where required by applicable law or otherwise expressly agreed by PixelUp.
Once the prepared template package has been electronically delivered or made available to the customer for download, the sale is final and no refund will be provided for change of mind, failure to use the template, or a decision not to proceed with the website.
Optional services, including Implementation and Website Copywriting, may involve work performed specifically for the customer’s project. Amounts paid for those services become non-refundable once PixelUp has begun performing the applicable service, except where required by law or otherwise agreed in writing.
If PixelUp is unable to fulfil an order for reasons not caused by the customer, PixelUp will refund amounts received for any product or service that will not be supplied.
Any approved refund will be issued to the original method of payment. The time required for the funds to appear in the customer’s account may vary depending on the payment provider or financial institution.
Nothing in this Refund Policy excludes or limits any refund, remedy, or other right that cannot lawfully be excluded under applicable law.
Digital Products & Delivery Policy
1. Delivery
PixelUp’s limited edition website templates are digital products. No physical product is shipped or delivered.
Before completing an order, customers are required to provide the domain name for the website on which the purchased template will be used. PixelUp uses this information to prepare and configure the purchased template for the licensed website, including updating applicable links and other domain-specific configuration.
Customers are responsible for ensuring that the domain name and other information submitted with the order are complete and accurate. If an error is discovered, please contact PixelUp as soon as possible. If preparation has already begun or has been completed, additional work required to reconfigure the template may be subject to an additional fee, depending on the circumstances.
The prepared website is normally supplied as an All-in-One WP Migration .wpress package, or another suitable digital format determined by PixelUp where appropriate.
Once preparation is complete, PixelUp will normally send the customer an email containing a private download link or other instructions for accessing the purchased digital files. Third-party file storage or transfer services may be used to facilitate electronic delivery.
PixelUp normally prepares and delivers limited edition website templates within 24 hours after payment and all information required to fulfil the order have been received. This timeframe is an estimate rather than a guaranteed delivery deadline and may be affected by order requirements, technical issues, service interruptions, customer-provided information, or circumstances outside PixelUp’s reasonable control.
Full payment for the limited edition website template and any optional services purchased through the Website is required at checkout.
2. Optional Implementation Service
Customers may purchase PixelUp’s Implementation service together with an eligible limited edition website template.
Where Implementation is purchased, PixelUp may require temporary access to the customer’s hosting account, WordPress installation, domain configuration, or other systems reasonably necessary to perform the purchased service.
Access credentials and account information supplied for this purpose will be used only as reasonably necessary to provide the requested implementation or related support and will be handled in accordance with PixelUp’s Privacy Policy.
If Implementation is not purchased, the customer is responsible for importing, installing, configuring, testing, and maintaining the supplied website package. PixelUp is not responsible for problems resulting from customer installation, incompatible hosting environments, third-party software, server configuration, modifications made by the customer or another service provider, or other circumstances outside PixelUp’s control, except where otherwise required by applicable law.
3. Optional Website Copywriting
Customers may also purchase Website Copywriting as an optional service where offered.
To provide this service, the customer must supply PixelUp with sufficient and accurate information about the business, organization, services, products, portfolio, projects, and other subject matter required for the website.
PixelUp will use the information supplied by the customer to develop website copy appropriate to the purchased template and project. The customer remains responsible for reviewing the completed copy and confirming the accuracy of factual statements, business information, claims, qualifications, prices, services, testimonials, and other customer-specific information before publication.
Website Copywriting does not guarantee search-engine rankings, website traffic, sales, leads, conversions, or any particular commercial result.
4. Cancellation
A limited edition website template order may be cancelled if PixelUp receives the cancellation request before preparation or customization of the purchased template has begun.
Once PixelUp begins preparing or customizing the template for the domain supplied with the order, the digital product is being prepared specifically for that customer and the order may no longer be cancelled for change of mind.
Once the prepared template has been electronically delivered or made available for download, the order is final.
Optional Implementation and Website Copywriting services may be cancelled before PixelUp begins performing the applicable service. Once work on an optional service has begun, amounts attributable to work already performed or committed may become non-refundable.
Where an order is eligible for cancellation, any approved refund will be returned to the original method of payment. Processing times may vary depending on the applicable payment provider or financial institution.
PixelUp reserves the right to cancel an order that it cannot reasonably fulfil. Where PixelUp cancels an order for reasons not caused by the customer, amounts paid for products or services that will not be supplied will be refunded.
Nothing in this section limits cancellation, refund, or other rights that cannot lawfully be excluded under applicable law.
Limited Edition Website Template License
Limited Edition Website Template Licence Agreement
Last Updated: August 28, 2026
This Limited Edition Website Template Licence Agreement (the “Licence Agreement”) governs the purchase, licensing, installation, use, modification, and permitted transfer of limited edition website templates provided by PixelUp Inc., an Ontario corporation operating in Canada under the name PixelUp (“PixelUp,” “we,” “us,” or “our”).
By purchasing, downloading, receiving, installing, accessing, or using a PixelUp Limited Edition Website Template, you agree to this Licence Agreement. If you are purchasing or using a template on behalf of a business, organization, client, or other legal entity, you represent that you have authority to accept this Licence Agreement on its behalf.
1. About This Licence
PixelUp Limited Edition Website Templates are licensed digital products. Purchasing a template gives you permission to use the template in accordance with this Licence Agreement. It does not transfer ownership of PixelUp’s underlying intellectual property to you. Each template licence is associated with one production website and one Licensed Domain. Each Limited Edition Website Template design is restricted to a maximum of twenty (20) production licences issued by PixelUp.
In Simple Terms
One template licence may be used for one live website on one Licensed Domain. You may customize the template for that website and may allow developers, designers, contractors, or other service providers to work on the Licensed Website on your behalf. You may not use the same licence for another website, share or redistribute the template for use by another person or business, resell the template itself, sublicense it as a template product, or use PixelUp’s protected template materials to create templates or similar products for redistribution. Temporary development, staging, testing, and backup copies associated solely with the Licensed Website do not require additional licences.
This summary is provided for convenience. The complete terms of this Licence Agreement govern your use of the template.
2. Acceptance of the Licence
This Licence Agreement becomes applicable when you purchase, receive, install, access, or use a Limited Edition Website Template. If you do not agree to this Licence Agreement, you must not install, use, reproduce, distribute, or otherwise exercise rights in the template except as permitted by applicable law or an applicable third-party or open-source licence.
Where a template is purchased on behalf of another person, business, organization, or client, the purchaser is responsible for ensuring that the person or entity for whose website the template is licensed is informed of and complies with this Licence Agreement.
3. Licence Grant
Subject to payment of all applicable fees and continued compliance with this Licence Agreement, PixelUp grants the licensee a limited, non-exclusive, non-sublicensable and, except as expressly permitted in this Licence Agreement, non-transferable licence to: install and use the purchased template on one Licensed Website associated with the Licensed Domain; customize and modify the template for use on that Licensed Website; create reasonable development, staging, testing, and backup copies associated solely with the Licensed Website; permit developers, designers, employees, contractors, or other service providers to access and work with the template solely on the licensee’s behalf and for the Licensed Website; and use included PixelUp design materials within the Licensed Website to the extent permitted by this Licence Agreement.
No rights are granted except those expressly provided by this Licence Agreement or otherwise required under applicable law or an applicable third-party licence.
4. Licensed Website & Licensed Domain
Each licence is issued for one production website associated with the domain identified during purchase, registration, delivery, or licence activation (the “Licensed Domain”). The website operating on or intended to operate on that Licensed Domain is the “Licensed Website.”
A licence may not be used simultaneously for multiple independent production websites, even where those websites: are owned by the same person or company; operate under related brands; contain substantially the same content; belong to affiliated companies; use different domains or subdomains; or have been created from the same customized version of the template.
A separate licence is required for each separate production website unless PixelUp expressly agrees otherwise in writing.
5. Limited Edition Availability - Maximum 20 Licences
Each Limited Edition Website Template design is made available under a maximum of twenty (20) production licences. Licences are made available on a first-come, first-served basis, subject to successful payment and order acceptance. Once twenty production licences for a particular template design have been issued, PixelUp will not issue additional production licences for that template design.
A licence that has been issued counts permanently toward the twenty-licence edition limit. It does not return to available inventory merely because: the Licensed Website ceases operation; the licensee stops using the template; the licence is surrendered; the licence is terminated; the associated business closes; the website is redesigned; or the template is otherwise retired from use.
The limited edition restriction applies to the number of production licences issued by PixelUp. It does not mean that a purchaser receives an exclusive design or ownership interest in the template. Other licensed websites using the same template may resemble the Licensed Website, particularly before customization. PixelUp does not guarantee that a Licensed Website will be visually unique or that other customers will not make similar design or customization choices.
6. Permitted Use
Subject to this Licence Agreement, you may use the template to create and operate the Licensed Website for personal, professional, commercial, business, organizational, or client purposes.
You may: replace demo content with your own content; modify colours, typography, layouts, spacing, imagery, graphics, navigation, content, and other customizable elements; add, remove, or modify pages and sections; integrate compatible plugins, software, e-commerce functionality, analytics, forms, or other website functionality; make reasonable technical modifications required for the Licensed Website; and engage third parties to perform permitted customization, development, maintenance, or other work on your behalf.
Commercial use of the Licensed Website is permitted. This does not permit commercial redistribution or resale of the template itself or of protected PixelUp Materials.
7. Staging, Development & Backup Copies
A separate licence is not required for reasonable temporary or technical copies used solely in connection with the Licensed Website.
Permitted copies may include: local development environments; localhost installations; staging websites or staging subdomains; temporary hosting-provider development URLs; testing environments; migration copies; reasonable website backups; and disaster-recovery copies. These copies must relate solely to the development, testing, maintenance, migration, backup, restoration, or operation of the Licensed Website.
A development, staging, backup, or temporary copy may not be converted into or used as an additional independent production website without a separate licence.
8. Customization & Modifications
PixelUp encourages customers to customize templates to reflect their own brand, content, business, products, services, and creative direction. Customization does not create an additional licence and does not remove the customized template from the scope of this Licence Agreement to the extent that the resulting website or materials continue to incorporate PixelUp Materials protected by intellectual-property rights.
Modifying, adapting, translating, rearranging, restyling, extending, or otherwise changing a template does not authorize you to: use the resulting template on additional production websites; redistribute the resulting template; sell or license the resulting template as a website template, theme, design system, starter site, website kit, or similar product; claim ownership of PixelUp Materials incorporated into the resulting work; or circumvent the restrictions of this Licence Agreement.
Your original content and materials remain yours as described below.
9. Developers, Contractors & Agencies
You may provide a developer, designer, agency, employee, contractor, consultant, or other service provider with access to the template where reasonably necessary for that person to develop, customize, maintain, troubleshoot, migrate, or otherwise work on the Licensed Website on your behalf. Such access does not grant that person or organization a separate licence.
Anyone receiving access on your behalf may use the template only as reasonably necessary to perform work for the Licensed Website and may not retain or reuse the template for unrelated projects or customers. You are responsible for ensuring that persons to whom you provide template files or access understand that the template may not be independently copied, redistributed, resold, sublicensed, or reused.
Agency & Client Projects
A developer, designer, or agency may purchase a template for use on a client’s website. The licence must be associated with the final Licensed Website and Licensed Domain and counts as one of the twenty production licences for that template design. A developer or agency may not use one purchased licence to deploy the template to multiple client websites. Each separate production website requires its own licence.
10. Domain Changes
PixelUp recognizes that a business or website may legitimately change domains. A licence may be moved from one production domain to another with PixelUp’s approval and an appropriate update to PixelUp’s licence records. PixelUp may request information reasonably necessary to verify the existing licence, the current Licensed Domain, and the proposed replacement domain. Unless PixelUp expressly agrees otherwise, once a licence has been moved to a replacement domain, the former domain must cease using the licensed template as a production website.
A domain change does not create an additional licence and does not cause the original licence to return to the limited edition inventory. A domain change intended to operate the same licence simultaneously on multiple production websites is not permitted.
11. Transfer of a Licensed Website or Business
The licence may not ordinarily be sold, assigned, sublicensed, or transferred independently from the Licensed Website. However, where ownership of the Licensed Website or the business or organization operating it is transferred in a bona fide sale, acquisition, reorganization, or similar transaction, the existing template licence may continue with the transferred Licensed Website, subject to notice to PixelUp, an appropriate update to PixelUp’s licence records, and continued compliance with this Licence Agreement.
The template licence may not be separated from the Licensed Website and sold, transferred, or otherwise provided as an independent asset for use on another website. PixelUp may require reasonable notice or information to update its licence records and confirm continued compliance with this Licence Agreement. A permitted transfer of ownership does not create a new licence or increase the number of licences available within the limited edition.
12. Prohibited Uses
Except where expressly permitted by this Licence Agreement, applicable law, or an applicable third-party or open-source licence, you may not: use one template licence for more than one independent production website; copy or provide the template to another person or business for use on another website; sell, resell, sublicense, rent, lease, distribute, share, publish, or otherwise make the template available as a standalone product; upload or distribute PixelUp’s protected template files through a marketplace, repository, file-sharing service, template library, membership service, download site, or similar distribution channel; use PixelUp Materials to create a competing website template, theme, starter site, website kit, design system, or similar product for sale, licensing, distribution, or reuse by third parties; extract PixelUp graphics, layouts, design assets, documentation, or other protected materials for redistribution or unrelated commercial use; represent PixelUp Materials as your own original template product; remove or alter copyright, licence, attribution, ownership, or other proprietary notices where such notices are included and required to remain; use staging, development, testing, migration, or backup rights to operate additional production websites; or assist another person in doing something prohibited by this Licence Agreement.
Nothing in this section restricts rights that cannot lawfully be restricted or rights expressly granted under an applicable third-party or open-source licence.
13. PixelUp Intellectual Property
Except for Customer Materials and Third-Party Materials described below, PixelUp retains all rights, title, and interest it owns in the Limited Edition Website Template and PixelUp Materials, including applicable copyrights and other intellectual-property rights. Depending on the template, PixelUp Materials may include original design elements, layouts, styling, visual compositions, graphics, configuration, documentation, template-specific assets, design systems, and other materials created or owned by PixelUp. Purchasing a template does not transfer ownership of PixelUp’s intellectual property. The purchase grants only the licence rights described in this Licence Agreement.
No provision of this Licence Agreement grants a purchaser ownership of the template design merely because the template has been customized, incorporated into a website, or purchased as part of the limited edition. PixelUp retains the right to protect and enforce its intellectual-property and licence rights against unauthorized copying, distribution, resale, sublicensing, or other infringement or misuse.
14. Customer Content & Materials
You retain ownership of content and materials that you own and provide for use with the Licensed Website (“Customer Materials”).
Customer Materials may include your: business name and trademarks; logos and brand assets; photographs and videos; written content; product or service information; customer-supplied graphics; data and databases; and other original materials supplied by or on behalf of you. You are responsible for ensuring that you have the necessary rights, licences, permissions, and authorizations to use Customer Materials provided to PixelUp or incorporated into the Licensed Website.
Using Customer Materials within a PixelUp template does not transfer ownership of those Customer Materials to PixelUp. Likewise, combining Customer Materials with PixelUp Materials does not transfer ownership of PixelUp Materials to the customer.
15. Third-Party & Open-Source Components
A PixelUp template may operate with, incorporate, reference, depend upon, or be designed for use with third-party software, services, libraries, plugins, frameworks, fonts, APIs, or other materials. These may include open-source software and components subject to separate licence terms. Third-Party Materials remain subject to the applicable rights, restrictions, licences, terms, and conditions established by their respective owners or licensors.
Nothing in this Licence Agreement is intended to restrict, override, replace, or reduce rights granted to you under an applicable open-source or third-party licence where PixelUp is not legally entitled to impose such a restriction. Likewise, this Licence Agreement does not grant you rights to Third-Party Materials beyond those provided by their respective owners or licensors.
The PixelUp-specific licence restrictions in this Licence Agreement apply to PixelUp Materials and to the template as a licensed PixelUp product to the extent permitted by applicable law and applicable third-party licences.
16. Demo Content, Images & Graphics
Images, photographs, videos, logos, names, text, products, testimonials, illustrations, or other content displayed on a template demonstration website may be used solely to demonstrate the appearance, layout, or functionality of the template.
Demo content is not included with the template unless the applicable product page, order description, or other written information from PixelUp expressly states that it is included. Some demo materials may belong to third parties or may be subject to separate licence restrictions. You are responsible for replacing demo content that is not included or licensed for your use before publishing the Licensed Website.
Graphics, layouts, design elements, or other PixelUp Materials expressly included with the purchased template may be used within the Licensed Website in accordance with this Licence Agreement but may not be extracted and redistributed as independent assets unless PixelUp expressly permits such use.
17. Delivery
Limited Edition Website Templates are digital products. During checkout or order processing, PixelUp may request the intended domain name and other information reasonably necessary to prepare, configure, license, and deliver the template. Customers may also select or arrange optional services such as Implementation or Website Copywriting.
PixelUp generally aims to prepare and deliver template packages within 24 hours after payment and all required order information have been received and confirmed. Delivery times are estimates unless PixelUp expressly agrees to a specific delivery deadline in writing. Delivery may be delayed where reasonably necessary due to incomplete or inaccurate order information, payment review or processing, technical issues, requests for clarification, circumstances outside PixelUp’s reasonable control, or other matters that reasonably prevent completion of delivery. Delivery may occur by email, download link, customer account, direct implementation, file-transfer method, or another reasonable electronic method determined by PixelUp or agreed with the customer.
18. Optional Implementation & Copywriting Services
Implementation, Website Copywriting, customization, or other professional services are not included with a template purchase unless expressly identified as included in the applicable product or package. Where available, optional services may be purchased during checkout or arranged separately with PixelUp.
The scope, deliverables, timing, customer responsibilities, revisions, fees, and other terms applicable to professional services may be described on the Website, in an order, proposal, statement of work, service agreement, correspondence, or other applicable terms. Purchasing optional services does not expand the template licence beyond the rights granted under this Licence Agreement unless PixelUp expressly agrees otherwise in writing.
19. Updates, Maintenance & Support
Unless expressly stated otherwise in the applicable product description, order, service agreement, or other written terms provided by PixelUp, purchasing a Limited Edition Website Template does not include an ongoing obligation by PixelUp to provide: indefinite technical support; website maintenance beyond any included maintenance period; hosting or server administration; backups or disaster recovery; security monitoring or remediation; future customization; compatibility modifications; third-party software subscriptions or licences beyond any period expressly included with the purchased template; plugin or software updates performed by PixelUp beyond any included maintenance period; updates to the template; or modifications required because of future changes to WordPress, WooCommerce, browsers, hosting environments, plugins, APIs, third-party software, or other technologies.
Any support, maintenance, updates, or additional services expressly included with a purchase will be provided according to the terms applicable to that offering. Additional services may be available separately from PixelUp.
Licensed Plugins & Included Maintenance
Certain Limited Edition Website Template packages may include access to premium optimization, performance, security, or other licensed plugins made available through PixelUp. Where expressly included with the purchased template, PixelUp will provide use of the applicable licensed plugins on the Licensed Website for a period of one (1) year beginning on the date the applicable template licence is purchased, and payment is successfully received by PixelUp, at no additional charge.
Except for the three-month maintenance period described below or any other services expressly included with the applicable package, the provision of a third-party plugin licence does not itself include maintenance, monitoring, troubleshooting, compatibility work, backups, security services, or other technical services by PixelUp.
For purposes of this Licence Agreement, the “Website Launch Date” means the date on which the completed Licensed Website is made publicly available for its intended normal use, rather than remaining in a development, staging, maintenance, or coming-soon state.
If the Licensed Website has been substantially completed and is ready for launch, but its public launch is delayed for reasons outside PixelUp’s reasonable control, PixelUp may establish a Website Launch Date for purposes of calculating the included maintenance and plugin-licence periods by providing reasonable notice to the customer. Establishing a Website Launch Date for these purposes does not require PixelUp to make the Website publicly available without the customer’s authorization.
The included plugin licences are provided solely for the Licensed Website and do not transfer ownership of the plugins or the underlying third-party licences to the customer. The licences may not be transferred, shared, sublicensed, or used on another website and remain subject to the applicable third-party provider’s terms and licensing requirements.
Three Months of Included Maintenance
Where expressly included with the applicable template package, PixelUp will provide three (3) months of website maintenance beginning on the Website Launch Date, at no additional charge. The included maintenance covers routine technical maintenance reasonably associated with the Licensed Website, including applicable WordPress, theme, and plugin updates and related routine maintenance within the scope offered by PixelUp. It does not include new features, redesign, new content, copywriting, additional customization, third-party fees, repairs arising from changes made by the customer or another provider, or work outside the original scope of the Licensed Website unless PixelUp agrees otherwise.
The included maintenance period ends three months after the Website Launch Date unless PixelUp and the customer agree in writing to an additional maintenance arrangement.
Customer Responsibility After the Included Maintenance Period
After the three-month included maintenance period ends, the customer becomes responsible for the ongoing maintenance and administration of the Licensed Website unless separate maintenance services are purchased or otherwise agreed with PixelUp. This responsibility includes, as applicable, maintaining appropriate backups, installing and managing WordPress, theme, and plugin updates, monitoring the Website, maintaining security, reviewing compatibility, and addressing technical issues that may arise from updates, third-party software, hosting, or other changes affecting the Website.
The included maintenance period and the included plugin licence period are separate benefits and are calculated independently. The expiration of the three-month maintenance period does not end the included one-year plugin licence period. Where applicable, the licensed plugins may continue to receive licence-dependent functionality or updates during the remainder of the included one-year period, but the customer is responsible for performing and managing those updates unless PixelUp has separately agreed to provide maintenance services.
After the One-Year Plugin Licence Period
At the end of the included one-year period, PixelUp is not obligated to continue providing third-party plugin licences at no charge. Continued access to premium features, licence-dependent updates, support, or other functionality may require the customer to obtain their own licence, purchase a renewal or maintenance arrangement offered by PixelUp, or make another arrangement communicated by PixelUp at that time.
PixelUp does not guarantee that a particular third-party plugin or licence arrangement will remain available for the entire period or thereafter. Third-party providers may change their products, licensing terms, pricing, functionality, availability, or technical requirements. Where circumstances outside PixelUp’s reasonable control make continued provision of a particular plugin licence impracticable or impossible, PixelUp may make a reasonable substitution or other appropriate adjustment.
20. Third-Party Software & Compatibility
Limited Edition Website Templates may rely on or interact with WordPress, WooCommerce, plugins, hosting services, browsers, APIs, fonts, libraries, software, platforms, or other products and services operated or maintained by third parties. PixelUp does not control those third parties. Third-party providers may change their software, functionality, pricing, licences, APIs, compatibility requirements, security requirements, terms, availability, or support policies after a template has been purchased.
PixelUp does not guarantee that every third-party product or service will remain available or compatible with a template indefinitely. Where a future third-party change requires modification, troubleshooting, replacement, migration, or other work, such work is not automatically included with the original template licence unless PixelUp expressly agrees otherwise.
Nothing in this section limits obligations PixelUp expressly undertakes under another applicable agreement or any rights or remedies that cannot lawfully be excluded or limited.
21. Licence Verification & Records
PixelUp may maintain records reasonably necessary to administer and protect Limited Edition Website Template licences, including information relating to: the template purchased; the purchaser or licensee; the Licensed Domain; licence issuance; approved domain changes; permitted transfers; licence status; and suspected or confirmed licence misuse.
Where PixelUp reasonably believes that a template may be used contrary to this Licence Agreement, PixelUp may request information reasonably necessary to verify the licence and its authorized use. Licence verification will be carried out in a manner consistent with PixelUp’s Privacy Policy and applicable law. PixelUp does not acquire a general right to access a customer’s website, hosting account, server, or other systems merely because the customer holds a template licence.
22. Licence Violations, Suspension & Termination
PixelUp may take reasonable steps to protect its templates, intellectual property, limited edition restrictions, and licence rights where it reasonably believes this Licence Agreement has been violated.
Depending on the nature and seriousness of the violation, PixelUp may: contact the licensee to request clarification; request information reasonably necessary to verify authorized use; require unauthorized use or copies to cease or be removed; request that an additional licence be purchased where appropriate and available; suspend applicable licence rights or related services; terminate the licence for a material breach; or pursue other rights or remedies available under applicable law.
Where a breach is reasonably capable of being corrected and does not involve deliberate infringement, piracy, unauthorized redistribution, fraud, or similarly serious conduct, PixelUp may provide notice and a reasonable opportunity to correct the breach before terminating the licence.
PixelUp may take more immediate action where reasonably necessary to protect its rights, customers, systems, or intellectual property or where the nature of the violation makes an opportunity to cure inappropriate. Termination of a licence does not cause that licence to return to the twenty-licence limited edition inventory.
23. Effect of Termination
If a template licence is validly terminated for breach, the licensee must cease any use of PixelUp Materials that is no longer authorized and must remove or destroy unauthorized copies within the licensee’s possession or control, subject to applicable law and any surviving third-party licence rights.
Termination does not transfer ownership of Customer Materials to PixelUp. Provisions concerning intellectual-property ownership, prohibited redistribution, licence enforcement, accrued payment obligations, disclaimers, limitations, and other provisions that by their nature should survive termination will continue to apply to the extent permitted by law.
Termination does not affect rights, obligations, claims, or remedies that arose before termination.
24. Refunds & Cancellations
Because Limited Edition Website Templates are digital products that may be individually prepared, configured, licensed, or delivered for a particular customer and domain, purchases are generally final and non-refundable once the template or associated setup materials have been prepared or delivered, except where a refund or other remedy is required by applicable law or expressly agreed by PixelUp.
PixelUp may, at its discretion, approve cancellation or refund of an order before preparation or delivery has begun where circumstances reasonably permit. Optional services that have already commenced may be subject to separate cancellation or refund terms based on the work performed and the applicable service agreement or purchase terms.
Nothing in this section limits any refund, cancellation, or other consumer right that cannot lawfully be excluded. Customers are encouraged to contact PixelUp before purchasing if they have questions regarding template compatibility, licensing, included materials, optional services, or whether a particular template is suitable for their intended website.
25. Disclaimers & Other Limitations
A template provides a design and technical foundation for a website. Unless expressly stated otherwise, PixelUp does not guarantee that purchasing or using a template will produce any particular commercial, marketing, search-engine, accessibility, performance, revenue, traffic, conversion, ranking, legal, or business result.
The suitability of a template for a particular business, industry, jurisdiction, content type, regulatory requirement, or intended use may depend on the customer’s content, configuration, hosting, third-party services, modifications, and other circumstances. Customers remain responsible for their own business operations, website content, legal and regulatory obligations, accounts, third-party services, and decisions concerning how the Licensed Website is ultimately configured and used. Additional warranties, disclaimers, limitations of liability, and other terms applicable to purchases or use of PixelUp’s Website, products, or services may be contained in PixelUp’s Terms of Use or other applicable agreements.
Nothing in this Licence Agreement excludes or limits any warranty, condition, right, remedy, responsibility, or liability that cannot lawfully be excluded or limited.
26. Changes to This Licence Agreement
PixelUp may update this Licence Agreement from time to time to reflect changes to its products, services, technologies, business practices, legal requirements, or licensing procedures. Updates will apply prospectively to purchases or uses made after the updated Licence Agreement becomes effective, except where a change may lawfully apply to an existing licence or where an existing licensee agrees to the change.
PixelUp will not use a later revision of this Licence Agreement merely to retroactively remove material licence rights already granted to a customer where doing so would be contrary to applicable law or the terms under which the licence was originally issued. Where appropriate, PixelUp may provide additional notice of a material change affecting existing licensees.
The Last Updated date identifies the current published version.
27. Relationship to Other PixelUp Terms
This Licence Agreement governs the licensing and permitted use of PixelUp Limited Edition Website Templates.
Your purchase and use of a template may also be subject to PixelUp’s: Terms of Use; Privacy Policy; Cookie Policy; checkout, payment, or e-commerce terms; product descriptions; proposals, statements of work, or service agreements; and other terms expressly applicable to a particular product or service. Where optional Implementation, Website Copywriting, customization, maintenance, or other professional services are purchased, additional terms may apply to those services.
If two PixelUp agreements contain inconsistent provisions concerning the licensing or permitted use of a Limited Edition Website Template, this Licence Agreement will govern that issue unless another agreement expressly states that it overrides this Licence Agreement.
Third-party and open-source materials remain subject to their applicable third-party licences as described above.
28. Contact
Questions about a Limited Edition Website Template, licence, Licensed Domain, domain change, permitted transfer, or the interpretation of this Licence Agreement may be directed to:
PixelUp Inc.
Toronto, Ontario, Canada
Email: info@pixelup.ca
Website: pixelup.ca
WooCommerce
1. What we collect and store
While you browse the PixelUp Website, we may collect certain technical and usage information, such as products or pages you view, your approximate geographic region, browser and device information, IP address, referring source, and information about how you interact with the Website. We may use this information to operate and improve the Website, maintain security and performance, understand Website usage, and help detect or prevent fraud and misuse.
We also use cookies and similar technologies to provide essential e-commerce functionality, including maintaining shopping-cart contents, customer sessions, account functionality, security, and your cookie preferences. Optional analytics technologies are used according to the consent choices available through the Website. For more information, please see our Cookie Policy and Privacy Policy.
When you place an order, we collect information reasonably necessary to process, administer, and fulfil your purchase. Depending on the transaction, this may include your name, email address, billing information, telephone number, products or services purchased, order and transaction information, payment status, and account information if you choose to create an account.
When you purchase a Limited Edition Website Template, we may also collect the domain name and other website or project information reasonably necessary to prepare, configure, license, and deliver the template. If you purchase optional services, such as Implementation or Website Copywriting, we may collect additional information reasonably necessary to provide those services.
We use order and customer information to process and fulfil purchases, communicate with customers about their orders, prepare and deliver digital products, administer template licences, provide purchased services and customer support, maintain customer accounts, prevent or investigate fraud and unauthorized transactions, resolve payment disputes, maintain appropriate business and transaction records, comply with applicable legal, tax, accounting, and contractual obligations, and operate and improve our products and services. If you create an account, certain contact, billing, order, and account information may be stored to administer your account, maintain your order history, and make future purchases and account use more convenient.
Certain information associated with a Limited Edition Website Template purchase, including the licensed domain and licence history, may be retained for the duration of the licence and for a reasonable period afterward where necessary to administer the licence, document authorized use, prevent or investigate misuse, resolve disputes, or protect PixelUp’s contractual or intellectual-property rights.
We retain order, transaction, licence, account, and related information for as long as reasonably necessary for the purposes for which it was collected and for applicable accounting, tax, contractual, licensing, fraud-prevention, dispute-resolution, customer-support, security, and legal purposes. Additional information about our retention practices is provided in our Privacy Policy.
2. Who on our team has access
Authorized members of the PixelUp team may access customer, order, account, transaction, and website-related information where reasonably necessary to process and fulfil orders, prepare and configure website templates, administer licences, provide purchased services, respond to customer or technical support requests, maintain appropriate business records, prevent or investigate fraud or misuse, and otherwise administer our customer relationships.
Access is limited to information reasonably necessary for the applicable purpose. Where PixelUp requires access to a customer’s website, hosting environment, domain, account, or other technical system in order to provide Implementation, maintenance, troubleshooting, or another requested service, that access is handled as described in our Privacy Policy.
3. What we share with others
PixelUp uses third-party service providers to operate and secure the Website, provide e-commerce functionality, process payments, communicate with customers, deliver digital products and services, prevent fraud and abuse, and support other necessary business and technical operations.
These providers may receive or process information reasonably necessary to perform the applicable service. Depending on the provider and service, this may include contact information, billing information, order and transaction details, account information, IP addresses, technical information, and other information necessary to process a transaction or provide the requested functionality.
PixelUp does not sell personal information. Third-party providers may process information according to their own privacy policies, terms, security practices, and legal obligations. More information about the categories of service providers we use and the circumstances in which information may be disclosed is provided in our Privacy Policy.
4. Payments
Payments made through the PixelUp Website are processed using third-party payment providers made available at checkout. Available payment methods may vary depending on the transaction, device, location, and payment services available at the time of purchase.
When you make a payment, certain information may be submitted directly to the applicable payment provider. Depending on the payment method, this may include billing information, payment or account information, order totals, transaction details, device or technical information, and information used for authentication, security, or fraud prevention.
PixelUp does not intentionally collect or store complete payment-card numbers, card security codes, or other complete payment credentials when those details are processed directly by a third-party payment provider. PixelUp may receive information necessary to confirm and administer the transaction, such as your name, billing information, amount paid, payment status, transaction identifier, payment method or provider, and refund information. Where guest checkout is available, you may place an order without creating a customer account. Information associated with the transaction will still be collected and retained as reasonably necessary to process and fulfil the order and for the other purposes described above.
Where a refund, cancellation, chargeback, payment dispute, or suspected fraudulent transaction occurs, PixelUp and the applicable payment provider may process and retain information reasonably necessary to investigate, administer, document, or resolve the matter.
Payment providers process information according to their own terms, privacy policies, security practices, and legal obligations. Additional information about payments, service providers, and international processing is available in our Privacy Policy.