Terms of Service

1. Scope and Subject Matter

1.1 These Terms of Service (“Terms”) govern the contractual relationship between PxlShare (“Provider”, “we”, “us”) and the users of the online platform (“User”, “you”).
1.2 The platform provides cloud-based storage, management, and sharing of digital photographs and related content (“Service”).
1.3 These Terms apply to all Users of the Service. Deviating terms of the User shall not apply unless expressly confirmed in writing.

2. Conclusion of Contract

2.1 Registration on the platform constitutes an offer to conclude a contract.
2.2 The Provider accepts the offer by activating the User account.
2.3 The contractual language is English. The Provider may additionally provide translations for convenience.

3. Services Provided

3.1 The Provider offers Users cloud storage, album management, and sharing functionalities.
3.2 The scope of services depends on the plan selected (Free, Professional, Business). Details are described on the website at the time of conclusion of contract.
3.3 The Provider may enhance or adapt the Service, provided this does not unreasonably disadvantage the User.

4. User Obligations

4.1 Users shall provide accurate registration information and keep it updated.
4.2 Users shall not upload or share content that violates applicable law, third-party rights, or public morals, in particular:

  • Copyright-infringing material
  • Illegal or harmful content
  • Personal data of third parties without legal basis or consent
    4.3 Users shall keep their login credentials confidential and prevent unauthorized access.
    4.4 Users shall ensure they have the necessary rights to all content uploaded.

5. Intellectual Property and Usage Rights

5.1 The User retains all ownership rights to uploaded photographs and content.
5.2 The User grants the Provider a non-exclusive, worldwide, limited right to store and technically process the content as required to provide the Service.
5.3 The Provider shall not use the content for any other purpose without consent.

6. Data Protection

6.1 The Provider processes personal data in compliance with the General Data Protection Regulation (GDPR) and German data protection law.
6.2 Details are set out in the [Privacy Policy].
6.3 The Provider uses servers located in Germany, operated by IONOS, ensuring GDPR-compliant hosting.

7. Fees and Payment

7.1 Fees are based on the selected plan and displayed at the time of ordering.
7.2 All prices are in Euro and include VAT, unless otherwise stated.
7.3 Payment is due in advance for the agreed billing period.
7.4 Default of payment entitles the Provider to block access until full payment is made.

8. Term and Termination

8.1 Contracts for paid plans run for the chosen subscription period and renew automatically unless terminated by either party with notice of 14 days before the end of the period.
8.2 Free accounts may be terminated by either party at any time without notice.
8.3 The right to extraordinary termination for good cause remains unaffected.

9. Availability and Liability

9.1 The Provider strives to ensure high availability but cannot guarantee uninterrupted access.
9.2 Liability is limited as follows:

  • For intent and gross negligence: unlimited
  • For slight negligence: only for breach of essential contractual obligations, limited to foreseeable damages
    9.3 Liability for loss of data is limited to typical recovery costs, assuming the User has made regular backups.

10. Indemnification

10.1 Users shall indemnify the Provider against all claims by third parties arising from unlawful content uploaded or shared by the User.
10.2 The indemnification also covers reasonable legal defense costs.

11. Amendments to the Terms

11.1 The Provider reserves the right to amend these Terms for valid reasons, such as changes in law or functionality.
11.2 Users will be notified of amendments in text form. If the User does not object within 6 weeks, the amendments are deemed accepted.
11.3 In case of objection, the Provider may terminate the contract with notice.

12. Governing Law and Jurisdiction

12.1 These Terms are governed by the laws of the Federal Republic of Germany, excluding conflict-of-law provisions and the UN Convention on Contracts for the International Sale of Goods (CISG).
12.2 If the User is a merchant, legal entity under public law, or special fund under public law, the exclusive place of jurisdiction is the Provider’s registered office.
12.3 Mandatory consumer protection provisions and jurisdiction rules remain unaffected.

13. Contact Information

13.1 The Provider of the Service is:
SynthScript Inh. Christoph Kretschmer
Hornisgrindestraße 9
77855 Achern
Germany
Email: support@pxlshare.com
Phone: +49 (0) 7841 627 44 00
VAT ID: DE368676745

14. Final Provisions

13.1 Should any provision of these Terms be or become invalid, the validity of the remaining provisions shall remain unaffected.
13.2 The EU Commission provides a platform for online dispute resolution (ODR), available at https://ec.europa.eu/consumers/odr. The Provider is not obliged and not willing to participate in consumer dispute resolution proceedings before an arbitration board.