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Terms of Service

Effective date: 24 September 2025

These Terms of Service (the “Terms”) govern access to and use of Pixelco (a product of Ai Viral Sweden AB) available at pixelco.io and related dashboards, APIs, SDKs, scripts, and services (collectively, the “Services”). By creating an account, installing the Pixelco script on a website or app, or otherwise using the Services, you agree to be bound by these Terms.

Pixelco provides a cross-site identification and consent service that allows websites using Pixelco (“Participating Websites”) to recognize returning visitors and, where permitted by consent, link email addresses to visits across those websites, and access analytics derived from this activity.

If you are entering into these Terms on behalf of an organization, you represent and warrant that you have authority to bind that organization. The Services are intended for business use only. Your use of the Services is also subject to our Privacy Policy.

1. Accounts and access

  • Registration & SSO. You may register with an email and password or via supported SSO providers. You must provide accurate information and keep it up to date.

  • Organization accounts & roles. You may invite users and assign roles (e.g., Owner, Member). Owners control billing, permissions, and sub‑processor choices available in product settings. You are responsible for activities under your organization’s account.

  • Security. Keep credentials and API keys confidential. You are responsible for configuring access controls, rotating keys, and monitoring activity. We may suspend access to protect the account or the Service.

2. Implementation and customer responsibilities

  • Consent & notices. You must provide end users with all legally required privacy notices before Pixelco processes personal data. Pixelco will supply you with the exact text and instructions you must include in your Privacy Policy. This text must clearly inform users that your website uses Pixelco’s cross-site identity service and must link to Pixelco’s Privacy Policy. Before Pixelco sets non-essential cookies or creates a cross-site identifier, you must ensure that the Pixelco consent banner is properly implemented on your website so that end-user consent is captured and respected in accordance with GDPR/UK GDPR, ePrivacy, CCPA/CPRA, and any other applicable laws.

  • Lawful use of Pixelco-delivered data. Pixelco collects data as an independent controller under its global cross-site consent. Participating Websites receive email and identity information only for users who visit their website. Each Participating Website is responsible for ensuring that any messages or marketing sent to those users complies with applicable law (including sender identification, lawful basis for marketing, and unsubscribe requirements). Pixelco does not authorize or permit any use of the data beyond what is allowed under Pixelco’s Privacy Policy and the user’s consent.

3. Data Protection and Roles

3.1 Role of Pixelco

Pixelco is an independent data controller.

Pixelco controls the cross-site identity, consent management, and email-linkage processing described in the Pixelco Privacy Policy. This includes:

  • creating and maintaining the Pixelco identifier

  • storing and enforcing the user’s cross-site consent state

  • linking email addresses voluntarily entered on Participating Websites

  • making an email available only to the Participating Websites the user actually visits

Pixelco performs these actions for its own purposes as described in the Pixelco Privacy Policy.

3.2 Role of Participating Websites

Each Participating Website is an independent data controller responsible for:

  • its own website privacy notices and cookie practices

  • Complying with all legal requirements when using Pixelco-delivered user data, including proper sender identification, providing an unsubscribe option, honoring Pixelco consent withdrawal, and following electronic communications laws.

  • ensuring its use of Pixelco-delivered data follows Pixelco’s Privacy Policy and the user’s global consent

Pixelco does not act as a processor or service provider for Participating Websites.

3.3 Sub-processors (for Pixelco’s own operations)

Pixelco may use trusted sub-processors to perform controller-level services such as hosting, security, analytics, and email delivery. Pixelco remains responsible for these providers and ensures appropriate data-protection safeguards are in place.

A current list of Pixelco sub-processors is available on request.

3.4 International Transfers

Where Pixelco transfers personal data outside the EU/EEA or UK, we apply appropriate safeguards, including Standard Contractual Clauses, and additional technical and organizational measures where required.

3.5 Data Subject Requests

Each Participating Website is responsible for handling data-subject requests for the personal data it controls.

Pixelco is responsible for handling requests related to the personal data Pixelco controls (e.g., Pixelco identifier, consent records, email linkage).

Participating Websites must promptly forward to Pixelco any data-subject request that relates to data controlled by Pixelco (including deletion of the Pixelco identifier, consent withdrawal, email unlinking, or suppression). Pixelco will handle such requests exclusively for the data it controls

Pixelco will honor withdrawals of Pixelco consent that apply across all Participating Websites.

4. Customer data, service data, and IP

  • Customer Data. “Customer Data” means data you (or your end users) submit, collect, or process through the Services, including visits, events, leads, email addresses, and associated identifiers. As between the parties, you own Customer Data. You grant Pixelco a worldwide, non-exclusive license to host, process, transmit, and display Customer Data solely to operate and improve the Services, fulfill legal obligations, and prevent abuse/security incidents, and Pixelco will not sell Customer Data to third parties.

  • Service Data & Aggregates. Pixelco may collect operational metrics about service performance and usage, including aggregate statistics on visits, recognitions, conversions, and consent decisions across Participating Websites. Pixelco may use aggregated and/or de-identified information derived from Customer Data to maintain, secure, and improve the Services and to develop insights, provided it does not identify you or your end users and is not used to create advertising profiles for unrelated third parties. This is in addition to Pixelco’s use of identifiable Customer Data where necessary to provide its cross-site identification and email-linking services as described in the Pixelco Privacy Policy.

  • Intellectual Property. Except for the limited rights expressly granted, each party retains all right, title, and interest in its IP. Pixelco and its licensors own the Services, software, SDKs, scripts, documentation, and branding.

  • Feedback. You grant Pixelco a perpetual, royalty‑free license to use suggestions or feedback to improve the Services.

5. Fees, billing, and taxes

  • Plans & usage. The fees you pay for the Services are the prices shown in your Pixelco dashboard, on your order form, and on our pricing page. Pixelco may update pricing or introduce new plans from time to time. Any price changes will be communicated in advance in the dashboard and on the pricing page, and will apply only to future billing periods. Pixelco will not increase prices retroactively or without prior notice.

  • Invoicing & payment. Fees are billed per billing cycle or as otherwise stated in your account or order. Unless required by law, fees are non-refundable. You agree to pay all amounts when due. Late amounts may accrue interest at the maximum rate permitted by law, and Pixelco may suspend or limit access to the Services for non-payment.

  • Taxes. Fees are exclusive of any taxes, duties, or similar charges. You are responsible for all applicable taxes related to your use of the Services, which may be added to invoices where required.

6. Acceptable Use (AUP)

You will not (and will not authorize anyone to):

  1. Use the Services to collect prohibited data or otherwise in violation of law or platform policies.

  2. Attempt to re-identify any aggregated or de-identified data, or combine Customer Data with other data to identify a natural person without a lawful basis and consent where required.

  3. Interfere with or disrupt the Services, circumvent rate limits, or probe/vulnerate security.

  4. Reverse engineer, decompile, or create derivative works from the Services except where such restriction is prohibited by law.

  5. Resell, sublicense, or provide the Services to third parties except as expressly allowed in writing.

  6. Use the Services to build or train a competing product or general-purpose dataset/model (unless Pixelco expressly agrees).

  7. Bypass, manipulate, or interfere with the Pixelco consent banner, cookie behavior, or cross-site consent mechanism in any way.

Pixelco may suspend or terminate access where we reasonably believe this AUP is violated or risk is created for end users, third parties, or the Services.

7. Security

We implement appropriate technical and organizational measures designed to protect the confidentiality, integrity, and availability of the Services and Customer Data (e.g., encryption in transit, access controls, logging, and vendor due diligence). No system is perfectly secure; you are responsible for securing your environments, endpoints, and credentials.

8. Confidentiality

Each party may access confidential information of the other. The receiving party will protect such information with at least the same degree of care it uses for its own confidential information (and at least reasonable care), use it only to perform under these Terms, and not disclose it except to personnel, affiliates, and providers under appropriate obligations. This section does not restrict disclosures required by law with reasonable notice where permitted.

9. Warranties and disclaimers

  • Authority. Each party represents it has authority to enter these Terms.

  • Your warranties. You represent that: (i) you have provided all required notices and obtained necessary rights/consents to collect and process Customer Data through the Services; (ii) your instructions comply with law; (iii) you will not send prohibited data.

  • Service disclaimer. EXCEPT AS EXPRESSLY STATED, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, OR THAT THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED.

10. Indemnification

You will defend, indemnify, and hold harmless Pixelco and its officers, directors, employees, and contractors from and against third-party claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from: (i) your content, instructions, or Customer Data; (ii) your violation of law or these Terms; or (iii) alleged infringement, misappropriation, or violation of rights caused by your use of the Services or Customer Data.

11. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, COVER, OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS, REVENUE, GOODWILL, OR DATA), EVEN IF ADVISED OF THE POSSIBILITY. EXCEPT FOR: (A) YOUR PAYMENT OBLIGATIONS; (B) YOUR BREACH OF §§3, 4, 5, OR 7; OR (C) YOUR INDEMNITY OBLIGATIONS, EACH PARTY’S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS SHALL NOT EXCEED THE AMOUNTS PAID OR PAYABLE BY YOU TO PIXELCO FOR THE SERVICES GIVING RISE TO THE CLAIM IN THE SIX (6) MONTHS PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITY.

Some jurisdictions do not allow certain limitations; in that case, the limitations apply to the maximum extent permitted by law.

12. Term, suspension, and termination

These Terms start when you first use the Services and continue until terminated. You may stop using the Services at any time. We may suspend or terminate access immediately if you materially breach these Terms, fail to pay, engage in fraud or abuse, or create risk of harm.

Data after termination. For 30 days after termination, you may request an export of any Customer Data stored in your Pixelco account (such as lead exports, billing history, or usage records), subject to payment of outstanding fees. After that period, Pixelco may delete or de-identify Customer Data stored in your account, except where retention is required by law or for legitimate business purposes (for example, dispute handling or security logs). This does not affect Pixelco’s separate processing of end-user data collected under its global cross-site consent, which continues as described in the Pixelco Privacy Policy.

13. Changes to the Services and Terms

We may modify the Services (including features or limits) to improve performance, security, or compliance. We may update these Terms from time to time. We will post updates with a revised Effective date and, if changes are material, provide additional notice (e.g., email or in-product banner). Continued use after the effective date constitutes acceptance.

14. Export and sanctions compliance

You represent that you are not located in, under the control of, or a national/resident of any embargoed country or on any restricted party list, and you will not use the Services in violation of export/sanctions laws. You also represent that you will not use the Services in violation of any applicable export control laws or for any prohibited end-use.

15. Publicity (optional)

With your consent, Pixelco may identify your organization as a customer and use your marks per your brand guidelines. You may revoke consent at any time via info@pixelco.io

16. Governing law and venue

These Terms and any dispute or claim (including non-contractual disputes) are governed by the laws of Sweden, without regard to conflict-of-law principles. The parties submit to the exclusive jurisdiction of the courts of Stockholm, Sweden.

17. Notices

Notices to Pixelco: info@pixelco.io. We may provide notices via the dashboard, email, or your account contact information.

18. Miscellaneous

  • Entire agreement. These Terms (including any referenced policies) constitute the entire agreement between you and Pixelco regarding the Services and supersede all prior or contemporaneous agreements on the subject.

  • Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms to an affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of assets, provided the assignment does not materially reduce your rights under these Terms.

  • Severability. If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect.

  • No waiver. Failure by Pixelco to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

  • Force majeure. Neither party is liable for delays or failures caused by events beyond reasonable control, including natural disasters, war, terrorism, strikes, labor disputes, epidemics, internet outages, third-party service provider failures, platform policy changes, or other similar events.