Policies & Terms

Updated February 2017

1. General
1.1. Tixel Labs, Inc. (“Tixel”, "our", "we", "us") collects information from all of our users to help ensure our service (collectively, the "Service") continuously improves. By using our Service, you agree to this Privacy Policy and our Terms.

2. Information we collect
2.1. Information you provide to us directly. We may collect personal information including but not limited to username, password, first name, last name, phone number, email address, home address, business address, business income when you register for an account or update an account. We may also collect personally identifiable information ("PII") such as telephone conversations, electronic documents, social security number, bank number and other financial information.
2.2. Information we collect from your use of our Services. We may collect information about your use of our services including Device Information (Unique identifiers, hardware model, OS Version), log information (queries, phone number, IP Address, event information such as crashes and browser language, date and time, referral URL and cookies), location information (GPS, sensors, Wi-fi access points, cell towers), local storage (data caches, browser storage) and cookies/similar technologies and may associate the information with your account.
2.3. The information. We use this information to operate, maintain and provide you with our Service. We may also use this information for communication such as to send you email messages and follow up with you about our Service and your account. We may also send you Service communication such as account verification, transactions, updates to the Service, technical notices and security notices. Please visit the "What You Can Do" section of the Privacy Policy to learn more about your choices. You agree that the information you provide is accurate and up-to-date in order for us to communicate to you in a timely manner.
2.4. Collection. We and our third party partners may automatically collect certain types of usage infrmation. We will, like many other websites and companies, analyze log information collected through 2.2, and more. We use session cookies (disappear after you close your browser) as well as persistent cookies (stay in your browser to allow us to recognize you) and will use it so you will not need to reenter your information, better understand how you use our products and services, enhance our website and diagnose/fix problems, provide customized content and information (including advertising) and monitor our Service. We use third party analytics tools (such as Google Analytics and Cloudflare) to assist us with our service. If you set your browser to reject cookies, this website may not work properly, as intended.
2.5. Advertising Use. We use only demographics based data and may provide this to third parties for advertising purposes only. This allows us to ensure ads will be and will continue to be relevant to you while allows us to measure the effectiveness of our service. If you have any concerns, please contact Privacy.
2.6. Access. When you access our Service by and/or through a mobile device, we may collect and store information about you and your device. We may also employ the use of clear gifs to analyze your use. 2.7. Security. We will use commercially available and reasonable care to transmit your data securely. The data is stored under Amazon S3 Cloud service. In the event of a breach of security, we will take reasonable steps to investigate the situation and where appropriate, notify those individuals whose information may have been compromised. We will act in accordance with any applicable laws and regulations. Please note, since this website is hosted in the United States and intended for visitors in the United States, you will be transferring your personal data to the United States. By providing this data, you consent to the transfer.
2.8. Transactions. Transactions will be carried out using Stripe Payment Processing Platform and will be subject to the agreements on their software.
2.9. Learn More. To learn more about cookies and anything else listed above, visit All About Cookies, Network Advertising Initiative, Google Analytics and AWS Security Policy.

3. How we use the information
3.1. Use. We use the information to provide, maintain, improve and develop new services. We also use the information to protect our users, offer you tailored content. We also keep a record of all communication to solve any issues you might be facing. We may use your email address to let you know about what we're doing.
3.2. Combination. We may combine the information we collect from one Service to another to make it easier for you.
3.3. Other. We will ask for your consent for any other ways not covered.
3.4. Minors. Tixel does not knowingly collect or store any personal information about children under the age of 13.
3.5. Data Sharing. Tixel does not share any information marked with personally identifiable data for commercial purposes. Tixel may share anonymized demographic information to help improve advertising and for use in our future products. This also allows us to publish trends and discoveries to raise awareness about issues (like amount of waste). We will reasonably keep this information from being associated with you and will require our partners to do the same. We do not rent/sell our customer lists. Although you will be able to opt-out of this program, you will fail to realize the benefits from this program. Contact Privacy for examples of benefits.
3.6. Necessary disclosures. We may share information when we have your explicit consent, external processing (vendors, technicians), business transitions (upon sale or transfer of the company), legal reasons (In good faith, we have to respond to legal process or comply with state and federal laws as well as laws of foreign countries).
3.7. Requirements. Your personal information may be subject to legal requirements in the United States or any other country where Tixel operates, such as lawful subpoenas to disclose personal information, in those jurisdictions.

4. What you can do
4.1. General. Since people have different privacy expectations, we want to be as transparent as possible with the privacy afford from the use of our Services.
4.2. Review. You can review your data that has been collected and determine if you want to opt out. You are automatically opted in and expected to understand that unless noted otherwise.
4.3. Adjust. You can adjust the amount and kind of information that is shared to advertisers. In addition, you can choose whether or not you want your information made available in advertisements.
4.4. Browser. You can set your browser to block all cookies or indicate when we send a cookie. However, our Service may not work properly should you choose to do so. We try our best to honor the privacy of our users but will be unable to respond to Do Not Track signals. There are currently no consistent industry standard as to determine the best way to respond.
4.5. Removal. You can control your communications by opting to unsubscribe to some or most of our communications (You cannot opt out of verification, transactions, changes/updates to the Service, security and technical notices). We will try to promptly process the requests.

5. Other materials
5.1. General. If you would like to request any other information about what we are currently doing, please contact us. We, unfortunately, cannot release too much public information as we are not finished developing.
5.2. Agreement. You agree not to access (or attempt) any of the Services by any other means other (including scripts or web crawlers) than through the interface provided by Tixel, unless you have written approval. You also agree to access only the Services that are permitted by any applicable law, regulation or generall accepted practices or guidelines in relevant jurisdictions. You agree to that you will not engage in any activity that will disrupt the Service and you agree that you will not reproduce, copy, sell, trade or resell the Service for any purpose, unless specifically and explicitly permitted to do so. In addition, you agree that you are solely responsible for any breach of your obligations under the Terms and for the consequences of such breach.
5.3. Unauthorized use. You are solely responsible for all activities that occur under your account and will immediately notify Tixel about any unauthorized use of your password and/or of your account.
5.4. Termination. In the event of termination, Tixel will remove your name and other PII in a reasonable amount of time. We may retain the information if it is necessary to prevent fraud or abuse, legitimate business purposes or required by law.
5.5 Not covered. If there is any other portion that is not covered that you believe should be, you agree to immediately notify us before any other intention, as nothing in this policy is intended to cause injure or harm. If you need explanation, please also send an email.

1. General
1.1 Tixel Labs, Inc. and its subsidiaries and affiliates (collectively, "Tixel") provides (1) a Tixel user account ("Account"), (2) services that can be accessed through the Tixel affiliated websites ("Service"), (3) software that may be downloaded to a smartphone, tablet or computer ("Apps") and (4) subscription services, including services that may only be accessed with an existing subscription ("Subscription"). "Services" is defined as the Account, Service, Apps and the Subscription collectively.
1.2 These Terms of Service ("ToS", "Terms") explains the terms by which you may use our Services. By accessing or using any part of this Service, or by clicking "I Agree", you signify that you have read, understood and agree to these Terms and the information in the Privacy Policy. This agreement is a contract that applies to all vistors, users and others who access this service, on one's own volition, or on a company's behalf.

2. Use
2.1 By using this website, you accept these terms and conditions in full and without reservation. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website. Unless otherwise stated, Tixel and/or its licensors own the intellectual property rights published on this website and materials used on tixellabs.com. Subject to the license below, all these intellectual property rights are reserved.
2.2 You may view, download for caching purposes only, and print pages, files or other content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions. You must not (1) republish material from this in neither print nor digital media or documents (including republication on another website), (2) sell, rent or sub-license material from the website, (3) show any material from the website in public, (4) reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose, (5) edit or otherwise modify any material on the website, (6) redistribute material from this website - except for content specifically and expressly made available for redistribution or (7) republish or reproduce any part of this website through the use of iframes or screenscrapers. Where content is specifically made available for redistribution, it may only be redistributed within your organization, unless otherwise indicated.
2.3 Since you will have an account and many Services can only be accessed via an account, you must register for a User Account and represent and warrant that you are truthful and accurate at registration, will maintain the accuracy of the information and will ensure that your use does not violate any United States (or appropriate) applicable law or regulation. You also agree to notify Tixel of any suspected unauthorized use. Tixel is not responsible for damages resulting from a failure to comply with the requirements.
2.4 We may terminate this license and your access to the Service a any time or for no reason. This Service is designed for use by customers in the United States, unless expressly supported and otherwise noted.
2.5 You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of Tixel or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. In addition, you must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
2.6 You must not conduct any systematic or automated data collection activities on or in relation to this website without Tixel's express written consent. This includes: scraping, data mining, data extraction, data, harvesting, 'framing' (iframes).
2.7 You must not use this website or any part of it to transmit or send unsolicited commercial communications. You must not use this website for any purposes related to marketing without the express written consent of Tixel.
2.8 Subject to these Terms, Tixel grants you a non-transferable, non-exclusive right (unable to sublicense) to access the Services using Web Apps, website and mobile applications for the sole purposes intended.
2.9 At times, Tixel will release patches, updates, bug fixes and other modifications to the Services or the Products ("Updates") and may be automatically installed without prior notice.

3. Our Service to You
3.1 Access to certain areas of this website is restricted. Tixel reserves the right to restrict access to certain areas of this website, or at our discretion, this entire website. Tixel may change or modify this policy without notice.
3.2 In these terms and conditions, (“User Content”) means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose. You grant to Tixel a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your User Content in any existing or future media. You also grant to Tixel the right to sub-license these rights, and the right to bring an action for infringement of these rights. Your User Content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Tixel or a third party (in each case under any applicable law). You must not submit any User Content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
3.3 Tixel reserves the right to edit or remove any material submitted to this website, or stored on the servers of Tixel, or hosted or published upon this website. Tixel's rights under these terms and conditions in relation to user content, Tixel does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
3.4 Certain parts of our Services include software and/or content from Open Source licenses (including Creative Commons) and subject to GNU General Public License ("GPL"). Nothing in these Terms limits your rights that supersede these Terms and nothing in these Terms restricts your right to copy and distribute such Open Source Software.
3.5 Tixel Services are intended to be used for time-insensitive information. They are not intended to be completely and fully available or reliable and are subject to interruptions beyond Tixel's control. You acknowledge these limitations and agree that Tixel is not responsible for any of the damages caused by or allegedly caused by a failure or delay of these Services. Services are not intended to be used for critical or life-safety uses. TIXEL WILL ALERT PROPER AUTHORITY IN THE EVENT OF AN EMERGENCY, IF APPLICABLE. In addition, notifications are not intended to be completely and fully (100%) available and reliable.

4. Liabilities
4.1 This website is provided “as is” without any representations or warranties, express or implied. Tixel makes no representations or warranties in relation to this website or the information and materials provided on this website.
4.2 Without prejudice to the generality of the foregoing paragraph, Tixel does not warrant that: this website will be constantly available, or available at all; or the information on this website is complete, true, accurate or non-misleading. Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.
4.3 Tixel cares about your privacy and securing your PII. You acknowledge that you are providing your PII and other information we collect at your own risk.
4.4 Tixel reserves the right to suspend, modify or discotinue the Services without notice at any time. You agree that Tixel will not be liable to you and/or your company in the event of an occurrence.
4.5 You agree that Tixel is not liable for any indirect, special or consequential loss; or for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data. These limitations of liability apply even if Tixel has been expressly advised of the potential loss.
4.6 Based on information provided by Tixel, Tixel does not promise a specific amount of cost savings, monetary or any other benefit to using the products and the Services provided by Tixel. Benefits vary from time to time and may be unique to you or your business. You agree to to not seek monetary or other remedies if your results differ. This clause does not apply in the case of a written "guarantee."
4.7 Tixel cannot be held liable for omission of content or errors that may result during the course of using the service. You are at your own risk and will be solely responsible for any damages or losses resulting.

5. Requirements and Limitations
5.1 Services will not be accessible without (1) a working way to access the Internet, (2) an Account, (3) a device that accesses the Internet, (4) a reliable Internet Access in the home or business, whereever you choose to use the product and (5) Tixel product that work with the Tixel environment ("Tixel Certified"). You also acknowledge that Tixel may utilize your phone or computer's Bluetooth connection or any other communication connection, without prior notification, to ensure the Service works properly. Tixel will not connect to products you specifically opted out of.
5.2 You will not use any to Tixel's products to jeopardize the security of your or any one else's Tixel account, to intercept advertising data, to manipulate advertising data, to violate security of computer networks, to run spam or malware or to decompile/reverse engineer/attempt to obtain underlying mechanisms revolving around the Services.
5.3 There may be limitations to Tixel's services based on Equipment, ISP and Carrier. You acknowledge to be responsible for all the fees charged by any of your other providers that enable you to use Tixel's services and being in compliance with their respective and applicable agreements, Terms, and other policies. There may also be limitations based on third party products and product that work with Tixel Products. You acknowledge that Tixel maeks no representation or warranty about third party products and/or services and Tixel is not responsible for any losses, damages, injury (including death or other harm). You also acknowledge that the mobile applications are dependent on their respective App Stores and you agree to accept the terms between you and the App Store. The more restrictive terms or these terms apply. We are also not responsible for third party links and referrals. Third party websites are used at your own risk.
5.4 You waive California Civil Code Section 1542.

6. Disclaimer
6.1 If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer. If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
6.2 You accept that, as a company, Tixel has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Tixel's officers or employees in respect of any losses you suffer in connection with the website. Without prejudice, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Tixel's officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Tixel.
6.3 By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.
6.4 You hereby indemnify Tixel and undertake to keep Tixel indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Tixel to a third party in settlement of a claim or dispute on the advice of Tixel's legal advisers) incurred or suffered by Tixel arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
6.5 Without prejudice to Tixel's other rights under these terms and conditions, if you breach these terms and conditions in any way, Tixel may take such action as Tixel deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
6.6 Tixel may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
6.7 Tixel may transfer, sub-contract or otherwise deal with Tixel's rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
6.8 Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit.

7. Disputes and Misunderstandings
7.1 You are to contact Tixel first if a dispute arises between you and Tixel. You must be reasonable in your expectations by setting a (10) business day RESPONSE TIME from your first contact for addressing your immediate concerns.
7.2 You agree and will abide to a BINDING ARBITRATION to submit, dispute, act, request for relief and resolve claims arising out of issues relating to Terms or your use of cities, rather than filing a lawsuit in any other forum. You also waive your right for appeal, review or recourse by any court or judicial authority, even if the waiver is valid.
7.3 ARBITRATION PROCEDURES. You must present your claim or any claim by contacting us. If the claim cannot be solved within (90) days after presentation, you may request arbitration. Tixel can also request arbitration against you at any time and the arbitration shall proceed under the rules of the American Arbitration Association. The location will be in Washington, DC and will be conducted using English (US), being heard by a single (1) arbitrator. The arbitrator can and may not award any relief contradictory to what this agreement lists. Arbitration must be kept confidential and neither you, nor Tixel, may disclose the existence content or results of the arbitration, except when required by law. If any portion of this arbitration clause is unenforceable, the rest must continue in effect. You also agree that you cannot arbitrate unless you have a legitimate case against Tixel after replicated of Tixel Services. Fees and expenses shall be covered by each individual party. You can visit the American Arbitration Association. YOU MUST ALSO CONTACT TIXEL WITHIN (1) YEAR OF THE OCCURRENCE OR YOU WAIVE YOUR RIGHT TO PURSUE ANY CLAIM BASED ON SAID EVENT.

8. Agreement
8.1 These terms and conditions will be governed by and construed in accordance with the laws of Maryland, USA, and any disputes relating to these terms and conditions will be subject to arbitration in Washington, DC.
8.2 If any new Terms arises that no longer covers certain sections these Terms cover, these Terms survive except when indicated with written consent.