TERMS AND CONDITIONS

Last updated: 2025-10-13

Legal Entity: PIXELCOMMERCE LLC (“Company”, “we”, “our”, “us”)
Website: nirosto.com
Contact: support@nirosto.com

1. Introduction

These Terms and Conditions (“Terms”) govern your access to and use of nirosto.com (the “Service”), including purchases of downloadable or otherwise accessible digital products, subscriptions, licenses, and related materials (collectively, “Products”). Our Privacy Policy explains how we collect and use personal data. By using the Service, you agree to be bound by these Terms and the Privacy Policy (“Agreements”). If you do not agree, do not use the Service.

2. Eligibility & No Use by Minors

The Service is intended for individuals aged 18+. By using the Service, you represent that you are at least 18 and have capacity to enter into binding agreements.

3. Accounts & Security

To access Products or certain features, you may need an account. You must provide accurate, current information and keep your credentials secure. You are responsible for all activities under your account. Notify us immediately of any unauthorized use.

4. Definitions

  • Digital Product: Downloadable files, license keys, templates, software, documents, media, or other non-physical content.
  • License: The limited rights granted to use a Digital Product (see Section 8).
  • Subscription: Recurring access or entitlement to Products, updates, or services during a billing period.

5. Purchases, Pricing & Taxes

By placing an order, you authorize us and our payment partners to charge the specified amount, including applicable taxes (e.g., VAT) and fees. Prices may change at any time before purchase confirmation. You are responsible for providing accurate billing details and for all taxes, duties, and charges applicable in your jurisdiction. Where required, EU/UK VAT will be collected and shown at checkout.

6. Payments; Fraud & Risk Review

Payments are processed by third-party processors (e.g., Stripe, PayPal, Paddle). We do not store full card numbers. Orders may be delayed, limited, or cancelled pending risk checks. We may refuse or cancel any order if fraud, unauthorized use, or policy violations are suspected. If a chargeback occurs, we may suspend or terminate associated licenses and account access.

7. Subscriptions, Auto-Renewal & Free Trials

  • Billing Cycles: Subscriptions renew automatically at the then-current price unless cancelled before renewal. You can cancel anytime via your account or by emailing support; cancellation takes effect at the end of the current billing period.
  • Free Trials: If offered, we may require payment details. At trial end, you will be charged unless you cancel before the trial expires. We may modify or terminate a trial at any time.
  • Fee Changes: We will give reasonable prior notice of subscription price changes. Continued use after the effective date constitutes acceptance.

8. License to Digital Products

Upon successful payment, and subject to these Terms, we grant you a personal, non-exclusive, non-transferable, non-sublicensable license to download and use the purchased Digital Product for your own internal purposes or as otherwise expressly permitted on the product page. Unless expressly allowed, you may not:

  • resell, rent, lease, lend, share, distribute, publish, or make the Digital Product available to third parties;
  • remove or obscure proprietary notices, watermarks or DRM;
  • reverse engineer, decompile, or create derivative works except to the extent permitted by law;
  • use the Digital Product to train AI models or for data mining in ways that reproduce substantial parts of the content, unless expressly authorized in writing.

All rights not expressly granted are reserved by the Company and its licensors.

9. Delivery of Digital Products & Access

Digital Products are typically delivered via download links, license keys, or account access. We are not responsible for issues caused by your connectivity, device, or email filtering. For security and anti-fraud reasons, links may be time-limited, device-limited, or require account login.

10. EU/UK Right of Withdrawal for Digital Content

If you are in the EU/UK and purchase digital content not supplied on a tangible medium, consumer law provides a 14-day right of withdrawal. However, you lose this right once (i) delivery has begun and (ii) you have given explicit prior consent and acknowledged that you will lose the right of withdrawal when the download/streaming begins. Our checkout captures this consent where required. This does not affect any statutory rights where they cannot be excluded.

11. Refund Policy (Digital Products)

  • One-time Purchases: Given the nature of digital content, all sales are final once delivery has begun, except where a mandatory right applies (e.g., defective content obligations under EU/UK consumer law) or where we explicitly offer a guarantee on the product page.
  • Subscriptions: Cancellations take effect at period end. Unless stated otherwise, fees are non-refundable once the billing period starts.
  • Duplicate Charges/Processing Errors: We will correct any verifiable processing error or duplicate charge.

12. Product Updates, Support & Compatibility

Some Products include updates and/or support for a stated period (e.g., for active subscribers). We may release updates, bug fixes, or patches at our discretion. You are responsible for meeting minimum system requirements and maintaining compatible software/hardware. Legacy versions may cease to be supported.

13. User Content & Acceptable Use

If the Service allows you to upload or post content (“User Content”), you retain ownership but grant us a worldwide, non-exclusive, royalty-free license to host, store, display, and use the User Content as needed to operate the Service. You must not upload or share anything illegal, infringing, defamatory, or harmful; you must not spam, harass, or interfere with the Service; and you must not attempt to bypass security or license controls.

14. Intellectual Property

The Service and Products (including all content, trademarks, logos, code, documentation, and media) are owned by the Company or its licensors and are protected by intellectual property laws. No rights are granted except as expressly stated in these Terms or on a specific product license page.

15. Prohibited Conduct

  • Violating laws or third-party rights;
  • Sharing, leaking, or publishing Products, license keys, or gated materials;
  • Automated scraping, bulk downloading, or rate-limiting circumvention;
  • Uploading malware, attempting to gain unauthorized access, or disrupting the Service;
  • Using Products to create competing offerings derived from our content, unless permitted.

16. Analytics & Third-Party Services

We may use third-party services (e.g., hosting, analytics, email, payments, DRM). Their use is subject to their own terms and privacy notices. We are not responsible for third-party sites or services beyond what the law requires.

17. Compliance, Export & Sanctions

You must comply with all applicable laws, including export control, sanctions, and embargo laws. You represent that you are not located in a sanctioned country and are not on a sanctions list.

18. Disclaimers

EXCEPT WHERE PROHIBITED BY LAW, THE SERVICE AND PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not guarantee uninterrupted or error-free operation, or that defects will be corrected.

EU/UK consumers: Nothing in this section limits your statutory rights regarding conformity of digital content/services where such rights cannot be excluded.

19. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES; LOST PROFITS; LOSS OF DATA; BUSINESS INTERRUPTION; OR COSTS OF SUBSTITUTE GOODS/SERVICES, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICE OR PRODUCTS SHALL NOT EXCEED THE AMOUNT YOU PAID TO US FOR THE PRODUCT OR SUBSCRIPTION IN THE 12 MONTHS BEFORE THE CLAIM AROSE.

EU/UK consumers: This section applies only to the extent permitted by applicable law and does not limit liability for death or personal injury caused by negligence, fraud, or other liabilities that cannot be excluded.

20. Indemnification

You agree to indemnify and hold harmless the Company and its officers, directors, employees, and agents from and against any claims, losses, liabilities, damages, and expenses (including reasonable legal fees) arising from your (i) breach of these Terms, (ii) violation of laws or third-party rights, or (iii) misuse of the Service or Products.

21. Termination & Suspension

We may suspend or terminate your account, license(s), or access immediately for any breach of these Terms, suspected fraud, chargebacks, or risk to the Service. Upon termination, your right to use the Service/Products ceases, but the following sections survive: 8, 11–21, 23–27.

22. Governing Law; Consumers

These Terms are governed by the laws of British Columbia, Canada, without regard to conflict-of-laws rules. If you are a consumer habitually resident in the EU/UK, you may benefit from mandatory protections of your local law, and you may bring proceedings in your local courts. Otherwise, venue and jurisdiction lie in British Columbia, Canada.

23. Dispute Resolution; Informal Process

Before filing any formal claim, you agree to first contact us at support@nirosto.com and attempt to resolve the dispute informally within 30 days. This section does not deprive consumers of mandatory rights under applicable law.

24. Changes to the Service

We may modify, suspend, or discontinue the Service or any feature at any time. We are not liable for any unavailability or modification, except where consumer law requires otherwise.

25. Changes to these Terms

We may update these Terms from time to time. We will post the revised Terms with an updated “Last updated” date and, where changes are material, provide additional notice (e.g., banner or email). Continued use after the effective date constitutes acceptance.

26. Force Majeure

We shall not be liable for any delay or failure due to causes beyond our reasonable control, including acts of God, internet outages, infrastructure failures, strikes, war, terrorism, government action, and pandemics.

27. Assignment

You may not assign or transfer your rights or obligations without our prior written consent. We may assign these Terms as part of a merger, acquisition, or sale of assets.

28. Waiver & Severability

No waiver of any term is a further or continuing waiver. If any provision is held invalid or unenforceable, the remaining provisions remain in full force and effect, and the invalid provision will be replaced with a valid provision that most closely reflects the original intent.

29. Entire Agreement

These Terms, together with the Privacy Policy and any product-specific license terms presented at checkout or on a product page, are the entire agreement between you and us regarding the Service and Products.

30. Notices

We may provide notices to the email address associated with your account or by posting on the Service. You consent to receive communications electronically.

31. Contact

Questions or concerns about these Terms: support@nirosto.com

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