+49 7841 627 44 00
info@pxlshare.com
Achern, Germany
Terms and Conditions (T&C) for the Use of PxlShare.com
These Terms and Conditions govern the contractual relationship between SynthScript, Owner: Christoph Kretschmer, Hornisgrindestraße 9, 77855 Achern, Germany (the “Provider”) and the registered user (the “Customer”) regarding the use of the online platform PxlShare.com.
Business use only: The platform is intended exclusively for business users as defined in §14 of the German Civil Code (BGB). Use by consumers is excluded.
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Subject of the Agreement
- 1.1 The Provider offers a web-based Software-as-a-Service (SaaS) platform that allows photographers and businesses to create online galleries and mobile web apps for presenting, managing, and sharing photos.
- 1.2 The service enables users to upload photos, brand logos, and custom content to galleries, share them with clients, and coordinate revisions and downloads.
- 1.3 The exact scope of services depends on the selected plan and the current service description available at https://www.pxlshare.com/plans.
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Formation of Contract
- 2.1 The presentation of services on the website does not constitute a binding offer. The contract is concluded when the Customer completes the online order process and activates the selected plan.
- 2.2 For free accounts (Free Plan), the contract is established when the registration form is submitted and access is activated.
- 2.3 The Provider stores the version of these Terms and Conditions valid at the time of contract conclusion. Customers may download or print this version before completing the order process.
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Services and Availability
- 3.1 The Provider ensures an average monthly availability of at least 99.5% (excluding maintenance times). Maintenance is generally performed outside peak usage hours and announced at least 48 hours in advance whenever possible.
- 3.2 Short service interruptions caused by maintenance, security updates, or force majeure (e.g., power outages, network failures) do not constitute defects.
- 3.3 The Provider reserves the right to further develop the service and modify or replace functions, provided that such changes are reasonable for the Customer and the contractual purpose is maintained.
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Prices and Billing
- 4.1 All prices are net and subject to statutory VAT.
- 4.2 The current plans and pricing details are listed at https://www.pxlshare.com/plans. Price changes for future billing periods remain reserved.
- 4.3 Changes to existing prices will be communicated to the Customer at least two weeks before taking effect. If the Customer does not agree, they may terminate the contract effective as of the change date. Failure to cancel constitutes acceptance of the new pricing.
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Customer Responsibilities and Use of Features
- 5.1 Content and Rights – The Customer is solely responsible for all content uploaded to the platform (photos, texts, videos, etc.). The Customer must ensure that no third-party rights are infringed and that all required consents (e.g., from depicted persons) have been obtained.
- 5.2 Free Downloads – The Customer may allow end users to download photos. The Customer alone is responsible for correct configuration of permissions and security settings.
- 5.3 Gallery Usage and Deletion – Galleries remain active as long as the Customer provides them. Once deleted, content cannot be restored. In the event of termination or plan downgrade, the Provider may delete excess galleries after a reasonable period. The Customer will be notified in advance.
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Payment Terms
- 6.1 Invoices are due immediately without deduction. Payment is made via SEPA direct debit, credit card, or other methods supported by the Provider.
- 6.2 In case of payment default, the Provider may charge statutory default interest and temporarily suspend access to the service.
- 6.3 If payment remains outstanding after a reminder, the Provider is entitled to deactivate the account.
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Data Protection
- 7.1 The Customer is the data controller within the meaning of Article 4(7) of the GDPR. The Provider processes personal data solely on behalf of and under the instructions of the Customer, based on a separate Data Processing Agreement (DPA).
- 7.2 The Customer undertakes to inform their end users in accordance with Articles 13 and 14 GDPR and to obtain all necessary consents.
- 7.3 The Provider’s privacy policy is available at https://www.pxlshare.com/privacy-policy.
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Customer Obligations
- 8.1 The Customer must keep access credentials secure and ensure that only authorized personnel have access.
- 8.2 The Customer is responsible for ensuring that their systems meet the technical requirements necessary to use the platform.
- 8.3 Incorrect information (e.g., shipping addresses or user data) provided by the Customer or their clients is the sole responsibility of the Customer.
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Term and Termination
- 9.1 The contract runs for an indefinite period and renews automatically for the selected billing cycle (monthly or yearly) unless terminated.
- 9.2 The Customer may cancel their subscription at any time, effective at the end of the current billing period, via their account settings. Upon termination, the account is automatically downgraded to the free plan.
- 9.3 The right to terminate the contract for good cause remains unaffected.
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Liability
- 10.1 The Provider is fully liable for damages resulting from injury to life, body, or health, and for damages caused intentionally or by gross negligence.
- 10.2 In cases of slight negligence, the Provider is only liable for damages that affect essential contractual obligations and are foreseeable and typical for this type of contract.
- 10.3 Liability for indirect damages, lost profits, or data loss is excluded to the extent permitted by law.
- 10.4 The Provider is not liable for third-party services (e.g., print labs, payment providers) that operate under their own terms and conditions.
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References
- The Provider may include the Customer in reference lists (e.g., on the website) by name unless the Customer objects in writing. Such an objection can be made at any time.
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Amendments to These Terms
- The Provider may modify these Terms if objectively justified (e.g., due to legal changes, technical developments, or service adjustments).
- Amendments will be communicated to the Customer at least three weeks before taking effect. If the Customer does not object at least one week before the effective date, the amendments are considered accepted.
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Final Provisions
- 13.1 German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
- 13.2 The exclusive place of jurisdiction for all disputes, where legally permissible, is Düsseldorf, Germany.
- 13.3 If any provision of these Terms is or becomes invalid, the remaining provisions remain in effect. The invalid provision shall be replaced by one that most closely reflects its economic purpose.