1. Introduction: This document constitutes the Terms of Use for the PIXELFUEL, offering design consulting services ("Services"), owned and operated by Grove Street Consulting, LLC ("Company," "we," or "us"). By using the Services, you agree to be bound by the following terms and conditions.
2. Ownership: The Services and all related intellectual property rights, including without limitation, patents, trademarks, trade secrets, copyrights, and other proprietary rights are the sole and exclusive property of the Company.
3. License to Use: The Company grants you a limited, non-exclusive, non-transferable license to use the Services for your personal or commercial use, subject to the restrictions set forth in these Terms of Use.
4. Restrictions: You agree not to, or allow others to: (a) modify, reverse engineer, decompile, or disassemble the Services; (b) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Services to any third party; (c) use the Services for any illegal or unauthorized purpose; or (d) remove, alter or obscure any proprietary notices, labels or marks on the Services.
5. Disclaimer of Warranty: The Services are provided "as is" without warranty of any kind, either express or implied. The Company specifically disclaims any and all warranties, including without limitation, warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty, condition, guarantee or representation, whether oral, in writing or in electronic form.
6. Termination: We reserve the right to terminate your access to the Services at any time, with or without cause, and with or without prior notice. Reasons for termination may include, but are not limited to, breach of these Terms of Use, inactivity for a period of 3 months (such as not responding to emails or phone calls), or misuse of the Services. Upon termination, any data associated with your account may be deleted after a period of 30 days, and you may be prohibited from accessing the Services in the future.
7. User Content: By submitting or creating any content or materials through our Services, you retain the rights to your intellectual property. You represent and warrant that you have the legal right to use any content you provide and that such content does not infringe on the intellectual property rights of others. We will treat your content as confidential; however, in the event of a data breach or accidental leakage, we shall not be liable for any damages arising from the unauthorized disclosure of your content. Additionally, you agree that we may present our work performed for you in our portfolio, including screenshots and case study information, provided that it is public information or we have obtained prior written permission from you. You agree to make accommodations to allow us to present our work without creating unnecessary boundaries.
8. Payment Terms: By using our Services, you agree to pay the fees associated with our Services, as applicable. We accept payments via checks, money orders, or direct deposits only. Bills are due upon receipt and have a 30-day grace period before a late fee of 5% of the cost will be due. Each 30-day period the bill is past due will accrue another 5% late fee. Any monthly recurring services will require direct deposit or balance request transfer and will be due on the first of every month, with payments deducted automatically 15 days prior to the due date. Monthly recurring customers will be required to pay their first and one-month deposit of service plus the prorated remainder of the current month if not started on the first of the month. Customers can cancel at any time; at the time of cancellation, their service will still be good for the remainder of the current month and for the length of their one-month deposit. All payments are non-refundable, and any failed payments or chargebacks that incur a fee will be charged back to the client. In the event of non-payment or if payment is not received within the 30-day grace period, we reserve the right to terminate the customer's account, and there will be no refunds.
9. Confidentiality: We recognize the importance of protecting the confidentiality of your information. As part of our Services, we may handle confidential information, such as trade secrets, business plans, or financial data. We are committed to safeguarding your confidential information by implementing industry standard security measures, access controls, or other relevant measures.
10. Data Privacy: By using our Services, you acknowledge and agree that your personal data will be collected, used, and disclosed in accordance with our Privacy Policy, available at https://www.pixelfuel.co/privacy-policy.
11. Third-Party Links and Services: Our Services may contain links to or integration with third-party platforms or services, such as APIs, software, or websites. We are not responsible for any content, functionality, or practices of such third parties, and you should review their terms and policies before using their services.
12. Notice for Copyright Infringement: If you believe any content on our Services infringes your copyright, please provide a notice of copyright infringement containing the required information to us at hello@pixelfuel.co. We will respond to valid notices in accordance with the Digital Millennium Copyright Act (DMCA).
13. Severability: If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid or unenforceable provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
14. Limitation of Liability: In no event shall the Company be liable for any damages, including without limitation, direct, indirect, incidental, special, consequential, or punitive damages arising out of the use of or inability to use the Services.
15. Indemnification: You agree to indemnify and hold harmless the Company and its affiliates, officers, agents, employees, partners, and licensors from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Services.
16. Modifications to Terms of Use: The Company reserves the right to modify these Terms of Use at any time, with or without notice to you. Your continued use of the Services following any such modification constitutes your agreement to be bound by the modified terms.
17. Governing Law: These Terms of Use shall be governed by and construed in accordance with the laws of the state of New Jersey.
18. Dispute Resolution: Any disputes arising out of or relating to these Terms of Use shall be brought and held within the state of New Jersey and resolved through binding arbitration in accordance with the rules of the American Arbitration Association.
19. Entire Agreement: These Terms of Use constitute the entire agreement between you and the Company and supersede all prior or contemporaneous negotiations, understandings or agreements, whether written or oral, between the parties regarding the subject matter hereof.
20. Contact Information: If you have any questions regarding these Terms of Use or the Services, please contact us at hello@pixelfuel.co.

These terms of use were last updated on 04/18/2023.