Terms of sale

1. Purpose and scope

These terms of sale govern access to the pixlova service, a digital signage software available online on a subscription basis, published by PIXL FACTORY SAS, 61 RUE de Lyon, 75012 Paris - FRANCE (hereinafter “the publisher”).

The service is reserved for business customers: legal entities and individuals acting for the purposes of their trade, business, craft or profession. By creating an account, the customer declares that they act in that capacity; the provisions of the French Consumer Code that protect consumers do not apply. Creating an account or subscribing to a plan constitutes acceptance of the terms in force on that date.

2. Account

The customer creates an account with a valid email address and a password, which they keep confidential. They are responsible for actions taken from their account and by the members they invite. They report any unauthorized use without delay to [email protected].

3. Plans

The service is offered in several plans, including a free plan. Each plan sets in particular the number of included screens, the price of an additional screen, the storage space, the number of users and the available features. The content and price of the current plans are shown on the Pricing page and restated before any subscription. No paid screen is added without the customer’s confirmation.

4. Prices and payment

Prices are stated in euros excluding taxes; applicable VAT is added and the total amount, taxes included, is displayed before any confirmation.

The subscription is payable in advance, monthly or yearly depending on the billing period chosen by the customer. Payment is made by card through the payment provider Stripe; the publisher never has access to card numbers. An invoice is issued for each payment and remains available in the billing area.

If a payment fails, the customer is notified by email. Without settlement within fifteen (15) days, the account is moved back to the free plan; no data is deleted as a result. Any late payment also automatically gives rise to late-payment interest at the rate applied by the European Central Bank to its most recent refinancing operation plus ten (10) percentage points, and to the flat-rate collection fee of €40 provided for by article L. 441-10 of the French Commercial Code.

5. Term, renewal and plan changes

The subscription is entered into for the chosen period (one month or one year) and renews automatically for the same period unless cancelled.

The customer may upgrade to a higher plan at any time; the difference is charged pro rata for the current period. A downgrade takes effect at the end of the paid period. A plan change deletes neither media nor scheduling: screens or storage beyond the new limits can no longer be used until the customer makes a new choice.

6. No right of withdrawal

As the service is reserved for business customers, subscribing does not give rise to a right of withdrawal. The free plan lets the customer try the service before any paid subscription.

7. Cancellation

The customer may cancel at any time, online, from their billing area. Cancellation stops renewal and moves the account back to the free plan at the end of the paid period, without refund of the current period.

Cancellation does not delete data. Deleting the account is a separate step, reserved for the organization’s owner; data is then erased under the conditions of the data processing agreement.

The publisher may suspend or terminate an account in the event of a serious breach of these terms, in particular of article 8, after a formal notice that remains without effect for eight (8) days, or immediately in the event of a threat to the security of the service or manifestly unlawful content.

8. Displayed content and use of the service

The customer is solely responsible for the content they upload and display with pixlova. They guarantee that they hold the necessary rights (images, videos, music, trademarks) and refrain from displaying unlawful, infringing or defamatory content, or content that infringes the rights of third parties. They also refrain from any attempt at unauthorized access, disruption or use of the service contrary to its purpose.

9. Service availability

The publisher uses reasonable means to ensure the availability and security of the service, without guaranteeing continuous availability. Interruptions may occur for maintenance, announced in advance where possible. The native Player keeps displaying its last valid content if the online service is interrupted; the Web Player depends on the browser running it.

10. Liability

The publisher is not liable for the content displayed by the customer, for the equipment and Internet connection they use, or for damage resulting from force majeure within the meaning of article 1218 of the French Civil Code.

The publisher’s liability is limited to direct and foreseeable damage and capped at the amount paid by the customer for the service during the twelve (12) months preceding the event giving rise to liability.

11. Personal data

Personal data is processed in accordance with the privacy policy. For the data the customer manages in the service, the data processing agreement forms part of these terms.

12. Changes to these terms

The publisher may amend these terms. Subscribed customers are informed by email at least thirty (30) days before a material change takes effect; they may cancel before that date if they do not accept it. The applicable terms are those in force on the date of subscription or renewal.

13. Complaints

Any complaint should be sent to [email protected]. The parties seek an amicable settlement before taking any legal action.

14. Governing law and disputes

These terms are governed by French law. Failing an amicable settlement, any dispute falls within the exclusive jurisdiction of the courts for the publisher’s registered office.