Terms and Conditions

Welcome to PixeBuilder (“we”, “us”, or “our”).

By downloading, installing, purchasing, accessing, or using the PixeBuilder software (including the free version available on WordPress.org and any paid subscription plans), you agree to be bound by these Terms & Conditions (“Terms”).

If you do not agree to these Terms, you must not use the software.

You represent that you are at least 18 years old and have the legal authority to enter into this agreement on behalf of yourself or any entity you represent.

Provider
PixeBuilder is developed and operated by the Pixelidea LTD, a business legally registered in Thailand.

Governing Law & Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of Thailand, without regard to conflict-of-law principles. Any disputes arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the courts of Thailand. 

Class Action Waiver
WHERE PERMITTED UNDER APPLICABLE LAW, YOU AND PIXEBUILDER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Infrastructure & Data Processing
We use third-party hosting and infrastructure providers to operate our services. Data may be processed in locations where our service providers maintain facilities, in accordance with applicable data protection laws.

PixeBuilder operates under a freemium and split-license model, combining open-source software components with proprietary assets and commercial services.

3.1 Free Version (GPLv3)

The free version of PixeBuilder is distributed via the WordPress.org repository and licensed under the GNU General Public License (GPLv3).

3.2 Pro Version : Personal, Plus, Agency plans (Split License)

The PixeBuilder Pro version is provided under a split-license model.

• GPL-Licensed Components
  The PHP code and WordPress-integrated components of the Pro version are licensed under GPLv3.
• Proprietary Components
  All non-PHP assets included with or delivered through the Pro subscription—including templates, design layouts, images, icons, SVGs, CSS stylesheets, JavaScript files, fonts, and other creative or design assets—are proprietary and not covered by GPLv3.
• Commercial Services
  Access to updates, cloud-based template libraries, license validation systems, and technical support is provided under a commercial license and is not covered by GPLv3.

Proprietary components and services are licensed solely for use in connection with an active PixeBuilder Pro subscription.

3.3 Usage Limits and License Keys

Use of the Pro version is subject to the website limits defined by the subscription plan purchased:

• Personal Plan: 1 website
• Plus Plan: 5 websites
• Agency Plan: 50, 100, or 500 websites (depending on the tier)
  

Note: The number of websites included in each plan is subject to change at our discretion in the future.

A valid license key is required for each subscription. License keys may not be shared, resold, sublicensed, or transferred.

3.4 Restrictions

You may not:

• Extract, redistribute, resell, sublicense, or otherwise exploit proprietary assets or services of the Personal version independently of the PixeBuilder software
• Share or publish license keys
• Provide third-party access to paid templates, updates, or services without authorization
• Use the software in any country subject to sanctions or embargoes by the United States or European Union.
• Use the software to build websites that promote illegal acts, hate speech, or violence.

Any violation of this section constitutes a material breach of these Terms and may result in suspension or termination of your license without refund.

4.1 Merchant of Record

All purchases are processed by Paddle.com, which acts as the Merchant of Record. Paddle is responsible for payment processing, tax collection (including VAT where applicable), invoicing, and payment-related customer support.

4.2 Automatic Renewal

Subscriptions renew automatically at the end of each billing period unless cancelled prior to renewal. By purchasing a subscription, you authorize Paddle to charge the applicable renewal fee using your stored payment method.

PixeBuilder reserves the right to adjust pricing for future renewal periods. If the subscription price increases, we will provide you with notification (via email) at least 30 days before your renewal date. Continued use of the service after the price change implies acceptance.

4.3 30-Day Refund Policy

• The 30-day refund guarantee applies only to your first purchase.
• If you have previously received a refund, you are not eligible for refunds on renewals or subsequent purchases.

Upgrading the Plan

Subscription upgrades will be charged on a prorated basis.

Abuse Prevention
We reserve the right, at our sole discretion, to refuse refund requests that are abusive, fraudulent, repetitive, or made in bad faith.

Refund Procedure
Refund requests must be submitted via the Contact Form on our website. Requests sent via direct email or other channels are not guaranteed to be processed.

This section must be read together with our Refund Policy, which forms an integral part of these Terms. In the event of any conflict, the Refund Policy shall prevail.

5.1 Support Channels

Support is provided exclusively through the official Contact Form on our website. We do not offer support via email, social media, or third-party platforms.

5.2 Updates and Subscription Expiry

While your subscription is active, you are entitled to:

• Software updates (including security updates)
• Access to premium templates
• Technical support

If your subscription expires:

• You may continue using the installed version of the software
• You will lose access to updates, templates, and support

We do not guarantee backward compatibility with future WordPress versions once a subscription has expired.

Upon subscription expiry, your license key will become inactive. We reserve the right to delete user-specific data associated with your account (such as saved cloud templates or API keys) 90 days after subscription termination.

Access to the Template Library, update servers, and licensing systems is provided for reasonable, manual use within the PixeBuilder interface.

You may not:

• Use bots, scrapers, or automated scripts to download templates or assets
• Reverse-engineer or overload licensing or validation systems
• Resell or provide third-party access to cloud services

Violations may result in license suspension, IP blocking, or termination without refund.

You are responsible for maintaining the confidentiality of your account credentials and license keys. All activities performed under your account are your responsibility.

We are not liable for any loss or damage arising from unauthorized access due to your failure to secure your credentials.

PixeBuilder does not claim ownership of any content you create using the software.

You are solely responsible for:

1. The content you publish
2. Compliance with applicable laws and regulations
3. Third-party rights, including copyrights and trademarks

PixeBuilder disclaims all liability for legal claims arising from content created, hosted, or published using the software.

PLEASE READ THIS SECTION CAREFULLY.

9.1 “As Is” Basis

The software is provided “AS IS” and “AS AVAILABLE”, without warranties of any kind, whether express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

9.2 Limitation of Liability

To the maximum extent permitted by law, PixeBuilder shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to:

• Loss of profits, data, or goodwill
• Regulatory fines, penalties, or legal costs arising from non-compliance with any applicable laws or regulations (including but not limited to GDPR, CCPA, PDPA, ADA, WCAG, or Section 508)
• Website downtime or business interruption
• Plugin or theme incompatibilities
• Security breaches beyond our reasonable control
• Costs of substitute products or services

This limitation applies regardless of legal theory and even if we have been advised of the possibility of such damages.

Total Liability Cap Notwithstanding anything to the contrary in these Terms, in no event shall PixeBuilder’s aggregate liability for any claims arising out of or relating to these Terms or the software exceed the greater of: (A) the total amount paid by you to PixeBuilder for the service during the twelve (12) months immediately preceding the incident giving rise to the claim; or (B) One Hundred United States Dollars ($100.00).

9.3 Third-Party Compatibility

We do not guarantee compatibility with all WordPress themes, plugins, browsers, servers, or hosting environments.

9.4 Beta Features 

From time to time, we may release features labeled as "Beta," "Experimental," or "Early Access." These features may be unstable and could cause data loss or site errors. You use Beta features at your sole risk, and we shall have no liability for any damages arising from their use.

9.5 AI and Automated Design Features 

Certain features of the software may utilize Artificial Intelligence (AI) or automated algorithms to generate content, layouts, design structures, or code. By using these features, you acknowledge that:

• Accuracy & Functionality: AI-generated output may be inaccurate, offensive, structurally flawed, or non-responsive across devices.
• User Responsibility: You are solely responsible for reviewing, testing, and editing all AI-generated layouts and content before publishing. You must ensure that AI-generated designs function correctly on all screen sizes and browsers.
• No Liability: PixeBuilder disclaims all liability for any errors, hallucinations, layout breakages, or design failures resulting from the use of AI tools.
• Ownership: You are responsible for ensuring that AI-generated designs do not infringe upon the intellectual property rights of third parties (e.g., unintentionally copying a protected trademarked design).

10.1 Compliance is Your Responsibility

PixeBuilder provides tools that may assist with compliance (e.g., alt-text fields, privacy consent blocks), but the software itself does not guarantee compliance with any law. You are solely responsible for ensuring your website meets all applicable legal requirements, including:

• Accessibility: Web Content Accessibility Guidelines (WCAG), ADA, EAA, and Section 508.
• Privacy: GDPR, CCPA, PDPA, and cookie consent laws.

10.2 Tool vs. Implementation

 You acknowledge that a website's compliance depends on how you configure the software, the content you upload (e.g., color contrast, video captions), and third-party integrations you add. PixeBuilder disclaims all liability for any accessibility errors or privacy breaches resulting from your configuration or use of the software.

10.3 No Legal Advice 

PixeBuilder does not provide legal, tax, or regulatory compliance advice. No feature within the software should be interpreted as a guarantee of legal protection.

You agree to indemnify, defend, and hold harmless PixeBuilder, its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable legal fees and costs, arising out of or in any way connected with:

• Your Violation of Laws: Any claim that your use of the software, or the content/websites created with it, violates any applicable law, including but not limited to the General Data Protection Regulation (GDPR), the Americans with Disabilities Act (ADA), the European Accessibility Act (EAA), or any other privacy or accessibility standard.
• Your Content: Any claim that content you created, published, or stored using PixeBuilder infringes upon the rights of a third party (including intellectual property or privacy rights).
• Your Breach: Your violation of these Terms.

PixeBuilder reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with PixeBuilder in asserting any available defenses.

If you provide us with any feedback, suggestions, or ideas regarding PixeBuilder ("Feedback"), you hereby assign to us all rights in such Feedback and agree that we shall have the right to use and fully exploit such Feedback and related information in any manner we deem appropriate. We will treat any Feedback you provide to us as non-confidential and non-proprietary.

We may suspend or terminate your license immediately and without refund if:

• You distribute, share, or sell license keys or paid files.
• You breach these Terms.
• You engage in fraudulent, abusive, or illegal behavior.
• For Convenience: We reserve the right to terminate your account or access to services at any time, for any reason, with or without notice. (Note: In cases of termination for convenience where no breach has occurred, a prorated refund may be issued at our sole discretion).

Termination does not limit our right to pursue legal remedies.

We shall not be liable for any failure or delay caused by events beyond our reasonable control, including natural disasters, government actions, internet outages, or third-party service failures.

We reserve the right to modify these Terms at any time. Material changes may be announced on our website or via email. Continued use of the software after changes take effect constitutes acceptance of the revised Terms.

If any provision of these Terms is held unenforceable, the remaining provisions shall remain in full force and effect.

These Terms constitute the entire agreement between you and PixeBuilder regarding the software.