Terms & Conditions

1.Introduction and Acceptance of Terms

These Terms and Conditions (the "Terms") govern the access to and use of the website pixeltogether.online and the collaborative pixel-art application available on it (the "Service"), operated by PETER HOLDING s.r.o., a company registered in the Czech Republic, Company ID (IČO) 22175814, VAT ID (DIČ) CZ22175814, with its registered seat at Dlouhá 3403/2b, Moravská Ostrava, 702 00 Ostrava, Czech Republic (the "Operator", "we", "us", or "our").

By accessing or using the Service, by creating a user identity on the Service, or by purchasing any credit or pixel through the Service, you (the "User", "you") confirm that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy / Personal Data Processing Policy, which forms an integral part of these Terms. If you do not agree with any part of these Terms, you must not use the Service.

If you are using the Service on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms, in which case "you" refers to that entity.

2.Definitions

• "Canvas" — the shared 2560×1440 pixel grid displayed within the Service.
• "Pixel" — a single, individually addressable unit of the Canvas that can be purchased, reserved, and colored by a User.
• "Credit" — a prepaid virtual balance, denominated in US Dollars (USD), maintained within a User's account wallet and used exclusively to pay for Pixels and related features within the Service.
• "User Content" — any color, hyperlink (URL), description, nickname, profile photo, or other content a User submits, uploads, or associates with a Pixel or account.
• "Account" — a registered profile associated with a User's e-mail address and browser identifier (usertoken).

3.Description of the Service

The Service allows Users to purchase or reserve individual Pixels on the Canvas, assign them a color of their choosing, and optionally attach a hyperlink and a short description. Pixels purchased under the same browser identifier or Account may be aggregated for statistical, leaderboard, and community-progress purposes. The Operator does not guarantee any particular value, utility, resale market, or ongoing availability of any Pixel, and the Service is provided purely for entertainment and community-engagement purposes.

Every purchase made through the Service is a purchase of either (a) prepaid Credit for the User's Account wallet, or (b) one or more specific, individually selected Pixels at a fixed, disclosed price. The Service does not offer, and no purchase constitutes, an entry into any lottery, raffle, sweepstake, random drawing, or other game of chance. What a User receives in exchange for payment is fixed and known at the time of purchase.

The Operator reserves the right, at its sole discretion and at any time, to modify, suspend, discontinue, or limit access to the Service or any part of it, including the Canvas itself, without prior notice and without liability to Users, except as required by applicable mandatory law.

4.Eligibility and Account Registration

The Service may be used anonymously through a browser-generated identifier, or through a registered Account created with a valid e-mail address and password. By registering an Account, you confirm that you are at least 18 years old, or the age of legal majority in your jurisdiction, and that you have full legal capacity to enter into binding contracts, including making purchases described in these Terms.

You are responsible for providing accurate, current, and complete information during registration and for keeping such information up to date. The Operator is not liable for any loss arising from inaccurate information provided by the User.

5.Account Security

You are solely responsible for maintaining the confidentiality of your password and for all activities that occur under your Account. You must notify the Operator immediately of any unauthorized use of your Account or any other breach of security. The Operator is not liable for any loss or damage arising from your failure to comply with this section.

6.Credits, Payments, and Pricing

Registered Users may top up their Account wallet with Credit, denominated in US Dollars, using the payment methods made available within the Service from time to time. All prices displayed within the Service are in USD and are inclusive or exclusive of applicable taxes as indicated at the time of purchase. The Operator reserves the right to change prices for Pixels, Credit packages, or any other paid feature at any time; such changes will not affect Credit already purchased or Pixels already acquired. See our Pricing page for current prices.

The Operator does not store payment card details. All payment transactions are processed by a third-party payment service provider, which may act as the merchant of record for the transaction on behalf of the Operator. Where a third party acts as merchant of record, that third party (and not the Operator) is the seller for billing, invoicing, and payment-dispute purposes, and your payment information is subject to that provider's own terms and privacy policy.

Credit has no value outside the Service, is non-transferable to any other person or account, cannot be exchanged for cash, and does not constitute a deposit, security, financial instrument, or electronic money within the meaning of applicable financial regulations. Unused Credit does not expire unless otherwise stated, but the Operator reserves the right to void Credit associated with an Account that has been terminated for breach of these Terms.

7.Purchase and Reservation of Pixels

A Pixel may be reserved for a limited time before being finalized (colored and permanently recorded), and, once purchased and colored, cannot be overwritten or reassigned to another User except as expressly permitted by the Service's functionality (for example, filling a Pixel you have already reserved). The Operator may release unclaimed or expired reservations back into general availability at its discretion.

All purchases of Pixels and Credit are purchases of a limited, revocable, non-exclusive digital license to display User Content on a specific position of the Canvas for as long as the Service remains operational. No purchase of a Pixel constitutes a transfer of ownership of any underlying software, artwork, database, or intellectual property, nor does it constitute a financial investment, security, or asset of any kind. See Section 8 for further details.

8.Intellectual Property

The Canvas, the Service, its underlying software, design, graphics, and all related intellectual property rights are and remain the exclusive property of the Operator or its licensors. Purchasing or coloring a Pixel grants the User no ownership interest whatsoever in the Canvas as a whole, in the Service, or in any compiled, aggregated, reproduced, printed, or otherwise fixed representation of the Canvas.

You retain ownership of any original User Content you submit (such as a description you write). By submitting User Content, you grant the Operator a worldwide, royalty-free, non-exclusive, perpetual license to display, reproduce, distribute, and create derivative works of such User Content solely in connection with the operation, promotion, archiving, and display of the Service and the Canvas, including any physical or digital reproduction of the Canvas as a whole.

9.Prohibited Conduct and User-Submitted Content

When using the Service, you must not submit, upload, link to, or otherwise associate with a Pixel or your Account any content that:

• is unlawful, defamatory, obscene, pornographic, hateful, discriminatory, or incites violence;
• infringes any third party's intellectual property, privacy, or other legal rights;
• links to malware, phishing pages, scams, or any other harmful or deceptive online resource;
• impersonates any person or entity, or misrepresents your affiliation with any person or entity;
• constitutes spam, unsolicited advertising, or a pyramid or referral scheme unrelated to the Service; or
• otherwise violates applicable law or the rights of any third party.

You must also not attempt to interfere with, disrupt, or gain unauthorized access to the Service, its servers, or any connected database, including through automated scripts, bots, or excessive request rates not consistent with normal human use of the Service.

10.Content Moderation and Removal — No Refund

The Operator reserves the right, but does not assume the obligation, to review, moderate, edit, hide, or permanently remove any User Content, including a Pixel's color, link, description, nickname, or profile photo, at its sole and absolute discretion and without prior notice, if the Operator considers such content to violate Section 9, these Terms, applicable law, or to be otherwise inappropriate, harmful, or damaging to the Service, its Users, or third parties.

The Operator may suspend or permanently terminate the Account of any User who repeatedly or seriously violates Section 9, without any obligation to refund unused Credit or the value of any purchased Pixel.

11.Refund Policy

Because Pixels and Credit are digital content and digital services which are supplied immediately upon purchase and begin performing as soon as they are recorded on the Canvas or credited to the Account wallet, the User acknowledges and expressly consents, in accordance with applicable consumer protection law (including, where applicable, Section 1837 of the Czech Civil Code and equivalent EU consumer rights legislation on digital content), that the right of withdrawal that would otherwise apply to distance contracts does not apply once performance of the digital content or digital service has begun with the User's prior express consent and acknowledgment of loss of the right of withdrawal.

Notwithstanding the foregoing, the Operator may, at its sole discretion, offer a refund or Credit adjustment in cases of a verified technical error directly attributable to the Service (for example, a duplicate charge). Requests for such discretionary refunds must be submitted to the contact address in Section 21 within a reasonable time after the transaction. See our full Refund Policy for details.

12.Disclaimer of Warranties

The Service is provided on an "as is" and "as available" basis, without warranties of any kind, whether express, implied, or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, or uninterrupted or error-free operation, to the maximum extent permitted by applicable law. The Operator does not warrant that the Service will be available at all times or that data, including purchased Pixels, will never be lost, corrupted, or affected by circumstances beyond the Operator's reasonable control.

13.Limitation of Liability

To the maximum extent permitted by applicable law, the Operator, its statutory representatives, employees, and contractors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or related to your use of, or inability to use, the Service, even if the Operator has been advised of the possibility of such damages.

Where liability cannot be excluded under mandatory applicable law, the Operator's total aggregate liability arising out of or related to these Terms or the Service shall not exceed the total amount of Credit purchased by the affected User in the twelve (12) months preceding the event giving rise to the claim.

14.Indemnification

You agree to indemnify, defend, and hold harmless the Operator and its representatives, employees, and contractors from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with: (a) your use or misuse of the Service; (b) your User Content; (c) your violation of these Terms; or (d) your violation of any rights of a third party.

15.Suspension and Termination

The Operator may suspend or terminate your Account or access to the Service, in whole or in part, at any time and at its sole discretion, with or without cause, including in the case of a breach of these Terms, suspected fraud, chargebacks, or abuse. You may stop using the Service and request deletion of your Account at any time by contacting the Operator, subject to applicable legal and accounting retention obligations. Sections of these Terms which by their nature should survive termination (including, without limitation, Sections 8, 10, 11, 12, 13, 14, 18, and 19) shall survive any termination of your Account or of these Terms.

16.Privacy and Personal Data Processing

The Operator processes personal data in accordance with the Privacy Policy / Personal Data Processing Policy, which is incorporated into these Terms by reference and forms part of the agreement between you and the Operator. By using the Service and by purchasing any Credit or Pixel, you confirm that you have read and agree to the processing of your personal data as described therein, in accordance with Regulation (EU) 2016/679 (GDPR) and applicable Czech data protection law.

17.Changes to These Terms

The Operator may amend or update these Terms from time to time. The updated Terms will be posted on the Service with a revised effective date. Material changes will, where reasonably practicable, be communicated to registered Users. Continued use of the Service after the effective date of any updated Terms constitutes acceptance of the revised Terms. If you do not agree to the revised Terms, you must discontinue use of the Service.

18.Governing Law and Jurisdiction

These Terms and any dispute or claim arising out of or in connection with them or their subject matter shall be governed by and construed in accordance with the laws of the Czech Republic, without regard to its conflict of laws principles, and without prejudice to any mandatory consumer protection provisions of the country in which you are habitually resident, where applicable.

Any dispute arising out of or in connection with these Terms which cannot be resolved amicably shall be submitted to the exclusive jurisdiction of the competent courts of the Czech Republic having territorial jurisdiction over the Operator's registered seat in Ostrava, unless mandatory applicable consumer protection law provides otherwise. Consumers resident in the European Union may also use the EU Online Dispute Resolution platform at ec.europa.eu/consumers/odr.

19.Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms shall remain in full force and effect.

20.Entire Agreement

These Terms, together with the Privacy Policy referenced in Section 16, constitute the entire agreement between you and the Operator regarding the use of the Service and supersede any prior agreements between you and the Operator relating to its subject matter.

21.Contact Information

For any questions regarding these Terms, please contact the Operator: