What You Need to Know
Effective Date: June 24, 2023
1. Service Registration
Personal domain registrants are Customers. Corporate domain registrants' organisations are Customers. Customers designate Administrators to manage projects. All parties must comply with these Terms.
2. Access & Licence
Piksort grants a limited, non-exclusive, non-transferable, non-sublicensable licence to use the Services. Software may update automatically. Open source components are governed by their respective licences.
3. Prohibited Actions
Customers and Authorised Users may not:
- Reproduce, modify, or create derivative works
- Rent, lease, distribute, or sublicence the Services
- Circumvent security measures
- Reverse engineer or decompile the software
- Remove proprietary notices
- Harass, spam, or impersonate others
- Transmit malware or harmful code
- Build competitive products using the Services
- Engage in data mining without written permission
4. Customer Responsibilities
- Ensure all Authorised Users are 13 or older
- Verify all necessary consents have been obtained
- Ensure Customer Data complies with these Terms
- Review third-party app terms before use
- Prohibit harmful, offensive, unlawful, or objectionable content
5. Data Protection
Piksort processes Customer Data only to provide services, enforce these Terms, comply with law, or per your instruction. Aggregated or anonymised data may be used for internal purposes. An industry-standard security programme is maintained. Customers are responsible for account credential security. Subcontractors are bound by equivalent confidentiality obligations.
6. Payment Terms
- Fees are due per your Order terms
- You are responsible for all applicable taxes
- Subscriptions renew automatically unless cancelled 60+ days before renewal
- Failed payments may result in a downgrade to the free plan
- Price increases require 30 days' written notice
7. Confidentiality
Each party uses disclosed information only for the stated purpose and takes reasonable care to protect it. Disclosure is permitted only to affiliates, employees, or agents under equivalent obligations. Legal disclosure is permitted with advance notice when possible.
8. Intellectual Property
You retain ownership of your Customer Data. Piksort retains ownership of the Services. You grant Piksort a worldwide, non-exclusive licence to access, use, process, copy, modify, distribute, perform, export, and display your Customer Data solely to provide the Services. Piksort may use feedback you provide without restriction.
9. Termination
- You may terminate by deleting your account at any time
- Either party may terminate for material breach with a 30-day cure period
- Upon termination, Piksort may delete or anonymise Customer Data within a reasonable timeframe
- A prorated refund is available only if Piksort is in material breach
- Piksort may suspend access to comply with legal requirements, prevent harm, or address repeated violations
10. Survival
Confidentiality obligations, liability limitations, and disclaimers survive termination.
11. Legal Process
Piksort responds to law enforcement requests only when legally valid, and will notify you unless prohibited or where notification would be dangerous.
12. Support
Piksort provides reasonable technical support via email, live chat, or designated channels. Support is limited to Services functionality and does not cover general IT, third-party applications, or customisation. Online documentation is available. Piksort may modify support channels at its discretion.
13. Warranties & Disclaimers
The Services will perform materially in accordance with our Documentation. Breach claims must be filed within 10 days. Otherwise, the Services are provided on an "AS IS" basis. We disclaim all implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Beta Services are provided "AS IS" with a maximum liability of $50.
14. Indemnification
Piksort will defend you against intellectual property infringement claims arising from the Services (excluding claims from your Customer Data, modifications, or use of free or evaluation services). You will defend Piksort against claims arising from your Customer Data or your violations of these Terms.
15. Limitation of Liability
Piksort is not liable for indirect, special, incidental, punitive, or consequential damages (except in cases of gross negligence, wilful misconduct, or breaches of confidentiality or data protection obligations). Total liability is capped at $50 or fees paid in the preceding 12 months, whichever is greater. Payment obligations are not limited.
16. Disputes & Arbitration
These Terms are governed by the laws of Western Australia. Parties must attempt informal resolution with 30 days' written notice before pursuing arbitration. Binding arbitration proceeds under the American Arbitration Association's Commercial Arbitration Rules, in English, in Perth, Western Australia. No class actions or consolidated arbitrations are permitted. You may opt out by emailing arbitration-opt-out@piksort.com within 30 days of registration.
17. Miscellaneous
These Terms constitute the entire agreement. Amendments require written consent. Piksort may post updates with 30 days' notice for material changes. Western Australia law governs. Force majeure applies except to payment obligations. The parties are independent contractors. No third-party beneficiaries exist.
18. Definitions
- Administrator: A user designated to manage a Workspace
- Authorised User(s): Individuals permitted to access the Services under a Customer account
- Beta Service: A feature or service provided for evaluation, not generally available
- Confidential Information: Non-public information disclosed in confidence
- Customer: The entity or individual agreeing to these Terms
- Customer Data: All data submitted to the Services by or on behalf of a Customer
- Documentation: Piksort's official product documentation
- Feedback: Suggestions or comments about the Services
- Fees: Amounts payable for the Services
- Legal Process: A subpoena, court order, or similar legal demand
- Order: A purchase agreement for the Services
- Personal Data: Data relating to an identifiable individual
- Services: The Piksort platform and related software
- Software: Any downloadable application provided by Piksort
- Subscription Term: The period during which Services are provided
- Taxes: All applicable taxes, levies, or duties
- Third-Party Apps: External applications that integrate with the Services
- Workspace: A shared environment within the Services for a group of Authorised Users
Contact
- Privacy: privacy@piksort.com
- Security: security@piksort.com
- Legal: legal@piksort.com
- Address: 13 Petrea Place, Canning Vale WA 6155 Australia
- Phone: +61 406 687 004