Terms of Service

Pixxie Terms of Service

Last Updated: 9/12/2025

Pixxie LLC, a Florida limited liability company (“Company”, “we”, “us”, or “our”), owns and operates Pixxie.co and all affiliated websites and mobile versions (collectively, “Pixxie”), an online service that allows creators to upload photos and videos to their profile (each, a “Creator”), set prices for access to that content, and allow users (“Fans”) to pay for access to that content.

The terms “you”, “your”, or “User” refer to all end users of Pixxie, whether Creators or Fans.

“Creator” means any user who publishes or sells content on Pixxie.

“Consumer”, “subscriber”, or “fan” means any user who purchases or subscribes.

“Agent / Chatter” means any third party engaged to communicate with Consumers on behalf of a Creator.

 

 

1. Acceptance of Terms

1. By using Pixxie, you agree to be bound by these Terms of Service (“Terms”), our [Privacy Policy], and all other applicable policies. If you do not agree to these Terms, you must not use Pixxie.

2. Please read these Terms carefully. These Terms include mandatory individual arbitration, a class action waiver, and a jury trial waiver.

3. We may update these Terms at any time. Changes take effect when posted. Continued use of Pixxie after updates means you accept the updated Terms. If you disagree, your sole remedy is to stop using Pixxie.

 

2. Age Restrictions

1. Pixxie contains adult content and is not intended for minors. To access Pixxie, you must be at least 18 years old and have reached the age of majority where you reside. If you do not meet these requirements, you must not use Pixxie.

2. Identity Verification Required. Creators and any account-holder who receives payments must complete identity and age verification before monetizing. Verification may include government ID, selfie, and other checks, all of which are not stored by Pixxie.

Identity Verification Services

1. Pixxie uses one or more third-party service providers (the “Verification Provider”) to perform identity verification and age verification services. These services may require the collection and processing of biometric identifiers and/or biometric information, as those terms are defined under applicable law (including the Illinois Biometric Information Privacy Act, 740 ILCS 14/1 et seq. (“BIPA”)), such as scans of facial geometry, voiceprints, fingerprints, or similar data.

2. No Direct Collection by Pixxie. Pixxie does not directly collect, capture, purchase, receive through trade, or otherwise obtain any biometric identifiers or biometric information from you. All biometric data is collected, processed, stored, and destroyed solely by the Verification Provider, in accordance with the Verification Provider’s own privacy policy and terms of service. Pixxie only receives from the Verification Provider a non-biometric confirmation of whether you have successfully passed the verification process.

Consent and Disclosures. By proceeding with identity verification, you acknowledge and agree that:

1. Any required notices, consents, or releases under BIPA or other applicable biometric privacy laws are obtained and maintained by the Verification Provider, not Pixxie.

2. The Verification Provider is solely responsible for compliance with all biometric information privacy laws, including but not limited to the collection, storage, transmission, safeguarding, and destruction of biometric data.

To the fullest extent permitted by law, you agree that any claim, dispute, or cause of action related to biometric identifiers or biometric information collected during the verification process shall be brought solely against the Verification Provider. You hereby release, waive, and discharge Pixxie and its affiliates, officers, directors, employees, and agents from any and all liability, claims, damages, losses, or expenses, whether known or unknown, arising out of or in any way connected with biometric data collected by the Verification Provider.

Third-Party Policies. You are encouraged to review the Verification Provider’s privacy policy and terms before submitting any biometric data.

 

3. User Content & Responsibility

1. You retain ownership of all content you upload (“User Content”), but grant us a worldwide, perpetual, non-exclusive, royalty-free license to use, display, distribute, and perform your content to operate Pixxie.

2. You must have rights to all content you post, including proper model releases and age verifications for anyone appearing in your content. You agree not to post CSAM (child sexual abuse material), anyone under the age or 18, non-consensual content, or solicit prostitution or sex trafficking in any form. 

3. We do not control content that Users post on Pixxie. We do not choose, endorse, authorize, approve or guarantee the completeness, legitimacy, legality, accuracy, or reliability of any content users post on Pixxie. We comply with applicable laws requiring us to use proportionate measures to quickly remove illegal Content when we become aware it is on Pixxie.

Co-authored Content/ Featuring someone in your content:

1. You are legally responsible for all Content you Upload. You may Upload Content that features someone other than you ("Co-Authored Content").

2. You warrant that each individual in Co-Authored Content you Upload is:

  • A Creator you have tagged using the tool available on Pixxie; or
  • An individual at least 18 years of age whose proof of identity and whose written, informed consent you have obtained to share the Content on Pixxie.

3. You and each Co-Author will provide us with necessary documents to confirm you have satisfied the requirements of these Terms of Service. If you, or anyone appearing in Co-Authored Content, do not provide any information we request, we may restrict or delete the Co-Authored Content or your account, and/or withhold all or any portion of your Creator Earnings.

We are not a party to any agreement that you have to create Co-Authored Content or any resulting dispute. All claims arising from Co-Authored Content shall be made against the Creator(s) who posted or who appear in the Co-Authored Content. You will not make any claims against us, and you release us from any claims against us, arising from Co-Authored Content.

Any individual(s) who appear in the Co-Authored Content may, at any time, withdraw their consent to appear in that Co-Authored Content. Co-Authored Content may be deleted where a participant withdraws consent.

Prohibited Content & Zero Tolerance for Illegal Activity

1. You may not upload, publish, transmit, or monetize: (a) child sexual content or any content involving minors; (b) content depicting non-consensual sexual acts, sexual exploitation, human trafficking, or abuse; (c) content that violates criminal laws; or (d) content that infringes third-party IP rights.

2. Immediate Removal & Suspension. If Pixxie becomes aware of alleged illegal content or receives a credible report, Pixxie may immediately remove content, suspend accounts, hold funds, and share information with law enforcement. Creators acknowledge that Pixxie will cooperate with investigations and may disclose account information without prior notice to the extent required by law. 

Content Authenticity; No Impersonation; Agents/Chatters

1. Content Authenticity. Creators represent and warrant that all content they publish is original to them or used with all required rights, and that they have obtained all necessary consents from any persons depicted.

2. No Impersonation. Creators and Consumers shall not impersonate any person or entity or misrepresent the identity of the speaker in any chat or message. Use of Agents/Chatters in a manner that impersonates a Creator or deceives Consumers is strictly prohibited.

3. Audit Rights. Pixxie may require Creators to provide documentation proving the authenticity of content, the identity of individuals depicted, and proof of required consents. Creators must retain such records for at least three (3) years or as required by law.

 

4. Rewards Program

1. Pixxie offers a Creator Rewards Program as a way to recognize high-performing users. By participating, you agree and acknowledge:

  • All rewards, gift cards, trips, and merchandise are subject to change at any time without notice. 
  • Pixxie reserves the right to end the rewards program at any time for any reason without notice.
  • Pixxie is in no way sponsored, endorsed, administered, or associated with any brands of the items Pixxie gives as a reward, unless explicitly stated.
  • Pixxie is not liable for damages, booking issues, or unfulfilled gifts related to any reward.
  • If the reward is a free vacation, Pixxie agrees ONLY to pay for the round trip flight and hotel stay. Pixxie is not obligated to fund any other cost related to the trip. If there are any issues with the flight Pixxie or hotel, is not obligated to re-book any flight tickets or hotel stays. Pixxie is not liable for anything that may occur on the trip. Pixxie is not responsible if you miss your flight or the ship. Pixxie is not responsible for getting you back home. Pixxie does not cover rental cars. Creators assume all risks when traveling  and agree to hold Pixxie unaccountable. 
  • Pixxie will make a good-faith effort to fulfill promised gifts, but is not legally obligated to deliver rewards and cannot be held liable if unable to do so.
  • Users cannot sue Pixxie under any circumstances related to the Creator Rewards Program.

 

5. Management Agency/Services

1. Pixxie offers optional creator management services, including but not limited to:

  • Video editing: This service last for a year from the time you sign up.
  • Growth agency support: The goal is to get creators to 10,000 USD in revenue a month, when that goal is reached, we no longer offer this service. Although we would still offer suggestions if we see any improvements that can be made.
  • Social media management: This service last for a year from the time you sign up.
  • These services last a year from the date you are approved.

2. By using Pixxie’s management services, you agree and acknowledge:

  • Pixxie does not guarantee results, income, engagement, or growth.
  • You cannot sue Pixxie for false advertisement or for lack of performance.
  • Pixxie can stop offering any of its services to any creator at any time, for any reason.
  • Pixxie is not responsible if your external social media accounts are banned.
  • Creators assume all risks and agree to hold Pixxie harmless.

 

6. Account Registration

1. To use Pixxie, you must create an account. You are responsible for:

  • Keeping your login information secure.
  • All activity under your account.
  • Providing accurate and current information.

We may suspend or terminate your account at our discretion if we suspect any violation of these Terms or illegal activity.

 

Prohibited Uses

1. You agree to use Pixxie only for purposes expressly permitted by these Terms. Any unauthorized use is strictly prohibited. Without our express prior written consent, you agree not to:

  • Use Pixxie in a manner that violates any applicable law, regulation, or treaty, including but not limited to:
    • Laws prohibiting sex trafficking or the promotion of prostitution.
    • Intellectual property laws (e.g., unauthorized use, reproduction, or distribution of copyrighted content).
    • Defamation, libel, or obscenity laws.
    • Privacy, data protection, and right of publicity laws.
  • Download any content from Pixxie unless an explicit “download” button is provided.
  • Disobey any lawful order, mandate, or judgment issued by a court of competent jurisdiction.
  • Access Pixxie if you are a registered sex offender in any jurisdiction.
  • Post or share any content that is harmful, inaccurate, threatening, harassing, defamatory, offensive, or otherwise inappropriate, in Pixxie’s sole discretion.
  • Post or share content that includes or promotes hate speech, discrimination, or violence based on race, ethnicity, national origin, religion, gender identity, sexual orientation, age, disability, or any other protected class.
  • Share content that involves or suggests:
    • Sexual activity involving minors.
    • Incest, bestiality, or necrophilia.
    • Non-consensual acts including rape, abuse, torture, or sexual violence.
    • Hypnosis, intoxication, or impaired consent.
    • Bodily fluids (e.g., scat, vomit, blood).
    • Simulated or real underage content or age-play.
    • Revenge porn or non-consensual sharing of media.
    • Illegal drugs, self-harm, or suicide.
    • Any other illegal, obscene, or unethical activity.
  • Post or share content that:
    • Depicts individuals under 18 years old.
    • Lacks age verification and written consent for all identifiable individuals.
    • Involves extortion, blackmail, or coercion.
    • Promotes sweepstakes, gambling, or lotteries.
    • Violates anti-discrimination laws in job ads or services.
    • Collects personal information without consent.
  • Impersonate any person or entity or misrepresent your affiliation with any person or organization.
  • Send unsolicited sexual content or engage in non-consensual sexual objectification.
  • Use emojis, GIFs, or coded language to suggest or promote prohibited behavior.
  • Spam, troll, flood, or otherwise harass or disrupt the platform or its users.
  • Use bots, scripts, or automated systems to fake engagement, boost traffic, or manipulate stats.
  • Upload malicious code, viruses, spyware, or any software that damages or disrupts systems.
  • Reverse-engineer, disassemble, or attempt to derive source code from Pixxie.
  • Use automated scraping tools to collect data or access Pixxie content beyond permitted use.
  • Modify or create derivative works of Pixxie without written authorization.
  • Frame, mirror, or resell access to Pixxie without approval.
  • Take any action that imposes an unreasonable load on our infrastructure.
  • Assist or enable others in violating any of the above rules.

2. Creators may not use Pixxie to promote, arrange, or engage in prostitution, escort services, sex trafficking, or any form of compensated sexual services outside the platform’s permitted digital content and online interactions. Any attempt to solicit or facilitate in-person sexual services in exchange for money, goods, or anything of value is strictly prohibited and may result in immediate account termination and referral to law enforcement.

3. Reporting Mechanism. Pixxie maintains an easily accessible reporting channel for suspected illegal content or trafficking. Pixxie will promptly review reports and take appropriate action, including referral to law enforcement.

 

Consequences of Violations

1. Violating these rules is grounds for account suspension or termination without notice, payment, or recourse, at Pixxie’s sole discretion. We may also:

  • Forfeit earnings associated with violations.
  • Refund impacted users at our discretion.
  • Pursue legal action, including civil and criminal remedies.

 

Additional Prohibited Uses for Creators

1. As a Creator on Pixxie, you are held to a higher standard and must always act in the best interest of the platform. You may not:

  • Mislead users about the nature or content of paid content.
  • Collaborate with others to commit fraud, such as accepting stolen payment methods.
  • Pass off pre-recorded content as live.
  • Break promises made to fans regarding content or interactions.
  • Disclose other users’ or third parties’ private information.
  • Accept or solicit payments for in-person meetings involving sexual activity.
  • Disparage Pixxie, its staff, services, or users publicly or privately.
  • Make misleading or defamatory statements about Pixxie or claim false affiliation.

 

Reporting Violations

1. If you encounter any content or user violating these rules, email us at support@pixxie.com with:

  • A link or username involved
  • Time and date of incident
  • Description of the issue
  • Certification that the report is accurate

Creators who fail to report known violations may be considered complicit.

 

Cooperation with Law Enforcement

1. We will fully cooperate with legal authorities and comply with court orders that request information about users suspected of illegal activity. If Pixxie incurs legal fees or compliance costs due to your conduct, you agree to reimburse us in full.

7. Billing, Subscriptions & Automatic Renewals

1. Clear Billing Disclosure. All subscriptions, trial offers, and recurring charges will be presented with a clear, conspicuous description of: (a) price; (b) billing frequency; (c) that the subscription will auto-renew; and (d) how to cancel. Authorization to charge is not effective unless a Consumer affirmatively checks a clearly labeled consent box or otherwise provides express consent.

2. Confirmation & Receipt. Upon subscribing or completing a paid transaction, Pixxie will send a confirmation and receipt to the Consumer’s email showing the charge, renewal date, and cancellation instructions.

3. Simple Cancellation. Consumers may cancel recurring subscriptions at any time via their account dashboard or by submitting a cancellation request via the support portal. Cancellations take effect immediately and prevent future renewals; Pixxie will refund any prorated amounts only according to the Refund Policy.

4. No Hidden Fees. Pixxie will not enroll Consumers in paid programs without clear and conspicuous disclosure and affirmative consent.

Fraud, Chargebacks & Holds

1. Fraud Prevention. Pixxie will employ fraud detection and may place holds on payouts when fraud, suspicious activity, or legal risk is suspected.

2. Chargeback Handling. Pixxie may offset or hold funds to address chargebacks and reserves, and Creators must cooperate in chargeback investigations.

3. Record-keeping. Pixxie will keep transaction and message logs for a minimum of three (3) years to assist investigations and regulatory requests.

 

8. Third-Party Platforms and Links

  • If you connect your Twitter/X account or use features that interact with third-party platforms, you must comply with those platforms' terms of service.
  • You may share links to your Pixxie page on social platforms, but not in ways that imply Pixxie endorses you unless explicitly approved.
  • Pixxie is not responsible for third-party links or sites. You access them at your own risk.

 

9. Intellectual Property

1. All non-user content on Pixxie (designs, software, media, branding, etc.) is owned by Pixxie or its licensors. You may not copy, distribute, or use it without written permission, except for incidental use via your browser or caching.

2. If you infringe intellectual property rights or abuse Pixxie’s systems, your account will be terminated, and you may face legal consequences.

3. Pixxie follows the Digital Millennium Copyright Act (DMCA) and will respond to valid copyright takedown notices. Repeat infringers may be suspended or terminated. See our DMCA Policy for more details.

4. All Pixxie branding is protected by trademark law. Do not use the Pixxie name, logo, or any branding without our permission. You are allowed to use it on your social media to promote your account.

10. No-Tracking, Limited Analytics, and Privacy Safeguards; Creator Prohibitions; Dispute Resolution

1. No Tracking Technologies. Pixxie does not deploy tracking pixels, web beacons, session-replay/screen-recording tools, device fingerprinting, cross-site tracking, or similar surveillance technologies to monitor individual users. Pixxie does not sell or share Personal Information for cross-context behavioral advertising and does not build or purchase individual user profiles for advertising or marketing purposes.

2. Limited Analytics Only. Pixxie uses Google Analytics solely to evaluate overall site performance and usage in aggregate (e.g., page load times, error rates, total visits). Pixxie configures Google Analytics to: (a) avoid collecting or storing full IP addresses (IP anonymization enabled where available); (b) disable Google Signals, Remarketing, Advertising Features, and cross-device attribution; (c) prohibit the sending of Personal Information in events/parameters; (d) restrict data sharing with Google for advertising; and (e) apply data-retention limits appropriate to aggregate reporting. Analytics data is not used to identify, target, or track any individual.

3. Cookies. Pixxie uses only strictly necessary cookies and limited first-party analytics cookies as configured above. No third-party advertising cookies are set by Pixxie.

4. Creator/Advertiser Prohibitions. Creators, advertisers, and any third parties are strictly prohibited from embedding or causing to be embedded on Pixxie any trackers or code that collect data from users, including but not limited to pixels, tags, beacons, SDKs, session-replay scripts, fingerprinting, or off-platform redirects that set or sync identifiers. You may not insert iFrames, scripts, or external resources that collect user data. Pixxie may remove content, suspend payouts, or terminate accounts immediately for any violation of this Section 10. Creators agree to indemnify and hold harmless Pixxie from any claim, fine, or investigation arising from their use of prohibited tracking technologies.

5. No Third-Party Data Enrichment. Pixxie does not combine user activity on Pixxie with off-site data from data brokers, social networks, ad networks, or similar parties for advertising or profiling.

6. Regulatory Compliance. Pixxie applies data-minimization and purpose-limitation practices and honors applicable user rights under laws such as GDPR, UK GDPR, and U.S. state privacy statutes. Where required, Pixxie will provide a clear and affirmative opt-in before introducing any new category of cookies or tracking that is not strictly necessary. Pixxie will not materially expand data-collection practices without updating these Terms and, where required, obtaining fresh consent.

7. Exclusive Remedy for Tracking Claims. To the maximum extent permitted by law, and except where prohibited, any claim alleging Pixxie tracked, profiled, sold, or shared Personal Information in violation of this Section 12 is limited to actual, direct damages proven and injunctive relief, and excludes statutory or punitive damages where waiver is allowed.

11. Disclaimer of Warranties

1. By using Pixxie, you acknowledge and agree as follows:

  • Pixxie and all of the Company’s services and features are provided "as is" and without warranties of any kind, either express or implied. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose.
  • We do not guarantee or warrant the accuracy, completeness, usefulness, or reliability of Pixxie, or the results of your use of Pixxie. Any reliance placed on such materials is at your own risk. We disclaim all liability arising from any reliance placed on materials by you or any other users of Pixxie.
  • Your use of Pixxie and the Company's services and features is solely at your own risk. We do not warrant or guarantee that Pixxie or any of the Company's services will be available at any particular time or location, nor do we guarantee that Pixxie will be secure, uninterrupted, or free of errors, viruses, or other harmful components. We do not guarantee that any defects will be corrected. It is your responsibility to implement adequate procedures to meet your needs for virus protection and to back up your data.
  • To the fullest extent permitted by law, Pixxie will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other harmful material that may infect your computer or affect your access to or use of Pixxie or your data. This does not affect any warranties that cannot be excluded or limited by applicable law.

 

12. Limitation of Liabilities

1. To the fullest extent permitted by law, Pixxie and its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors will not be liable to you for any of the following:

  • Errors, mistakes, or inaccuracies in content.
  • Personal injury or property damage resulting from your access to and use of Pixxie.
  • User content or conduct by users that violates these Terms.
  • Unauthorized access to or use of Pixxie’s servers or any personal or financial information stored on them.
  • Interruption or cessation of transmission to or from Pixxie.
  • Bugs, viruses, Trojan horses, malware, or other disabling code transmitted through Pixxie.
  • Compatibility issues between Pixxie and your other services, hardware, or software.
  • Delays or failures in processing transactions or content.
  • Loss or damage incurred due to content posted or shared through Pixxie.       
  • Any leak in your personal date due to a data breach.

 

13. Exclusion of Damages

1. Unless caused by gross negligence or intentional misconduct, Pixxie, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors will not be liable to you for any direct, indirect, special (including consequential), punitive, or exemplary damages arising out of or in connection with your use of Pixxie. This exclusion applies regardless of the legal theory (contract, tort, or otherwise) and even if Pixxie was aware of the possibility of these damages.

Pixxie will not be liable for damages related to:

  • Personal injury
  • Pain and suffering
  • Emotional distress
  • Loss of revenue, profits, business, anticipated savings, use, goodwill, data, privacy, or computer failure

If you are dissatisfied with Pixxie, your exclusive remedy is to stop using the platform. The maximum liability of Pixxie to you for any claim will not exceed the greater of $100 USD or the amount you paid to Pixxie for the relevant purchase.

 

14. Complaints and Resolution

1. Pixxie is committed to resolving all complaints and appeals promptly. Users can report media directly on the platform, or by emailing support@pixxie.co with details, including:

  • Name or username
  • Applicable URLs
  • A description of the issue (e.g., underage content, non-consensual content, impersonation, trademark infringement, etc.)
  • Additional details (such as whether you are depicted in the content or consented to it)

We strive to resolve reports within 7 business days and provide clear guidelines to prevent future issues. If a violation is found, we will take the appropriate action.

Appeals can be sent to support@pixxie.co, where a neutral arbitration process will resolve disputes. Copyright infringement matters are addressed in accordance with Pixxie’s DMCA Policy.

 

15. Indemnification

1. You agree to indemnify and hold harmless Pixxie, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, directors, and contractors ("Indemnified Parties") for any losses caused by:

  • Your access to and use of Pixxie.
  • Your conduct on Pixxie, including content you submit.
  • Breach of these Terms.
  • Violations of intellectual property or privacy rights.
  • Negligence, fraud, or criminal conduct.

You are not required to indemnify us for losses caused by our own intentional misconduct.

2. Pixxie will notify you if we know or should reasonably know of a claim for a loss you may be required to pay. We have control over defending the claim unless you are directed to do so, in which case, you cannot settle the claim without our written consent if it impacts us negatively.

16. Dispute Resolution; Arbitration Agreement

Mandatory Individual Arbitration:
1. A "Dispute" refers to any conflict, claim, or controversy between you and the Company, including those related to or arising from the use of Pixxie or these Terms. If a Dispute arises that cannot be resolved informally, it will be resolved through individual arbitration, not in court. This includes any Dispute concerning the formation, enforcement, interpretation, or scope of these Terms. Only the arbitrator will decide issues related to the arbitration agreement, including whether it is valid and enforceable.

2. Even though arbitration is required for most Disputes, you or the Company may still seek injunctive or equitable relief in court to address intellectual property violations. Additionally, if the Dispute involves a non-consumer legal action or regulatory matters, arbitration is not required. Either party may also choose to bring Disputes to small claims court, provided the case is not transferred or appealed to a higher court.

3. You must file any Dispute within 6 months of the issue arising, or it will be permanently barred. If an arbitrator finds this agreement unenforceable for disputes before the agreement’s posting, prior versions of the arbitration agreement may still apply.

4. If a Dispute cannot be settled through arbitration, the exclusive jurisdiction will be the federal or state courts located in Florida.

Class Action/Jury Trial Waiver:
5. Both you and the Company waive the right to a jury trial or to participate in class, collective, or representative actions. Disputes cannot be brought on behalf of a group or any third party unless you're acting on behalf of a minor. Arbitrations will be on an individual basis, and class-wide settlements may still occur.

Opt-Out Procedure:
6. To opt out of the arbitration agreement, you must send a written notice within 30 days from when you first make a payment, access Pixxie, or submit information to the Company. The notice must include your legal name, address, email, phone number, a statement to opt out, and your signature.

If you opt out, the rest of the Terms will still apply. Any changes to the arbitration agreement will be communicated to you, and you can reject changes by sending an email within 30 days.

Pre-Arbitration Notice & Informal Resolution:
7. Before initiating arbitration, both you and the Company agree to make good-faith efforts to resolve the Dispute informally. A written notice must be sent to the other party with details about the Dispute. After 60 days, if no resolution is found, the matter will proceed to arbitration.

Arbitration Process:
8. If informal resolution fails, the Dispute will be resolved by individual arbitration through National Arbitration and Mediation (NAM), following NAM's rules. If NAM cannot arbitrate the case, it will be moved to ADR Services for arbitration under its rules.

Mass Filing Procedures:
9. If 25 or more similar arbitration demands are filed, they will proceed through a staged process to ensure efficiency. The first stage will resolve up to 50 demands, followed by a global mediation if needed. If further stages are required, more demands will be handled in subsequent phases, each with a new arbitrator and procedural adjustments.

Governing Law:
10. The Federal Arbitration Act governs this agreement, and any disputes will be interpreted and enforced based on the laws of Florida.

Option Two: Staged Individual Arbitration
11. If neither you nor the Company choose to have your Dispute resolved in court as outlined in Option One, you agree that your Dispute will be handled through staged individual arbitration, as described below. If more than 100 arbitration demands remain, 100 of them will be randomly chosen (or selected by mutual agreement of the parties' legal counsel) to proceed in arbitration as part of the staged process. If fewer than 100 demands remain, all of them will be filed and proceed in arbitration.

NAM will manage these demands as a consolidated arbitration, meaning they will be resolved by a single arbitrator, following a single procedural schedule, with one hearing (if necessary), and one final ruling. NAM will also apply a unified filing fee and administration fee for both parties, as per their mass filing fee schedule. These arbitration demands will be assigned to a different arbitrator than those used for earlier stages, unless both parties agree otherwise in writing. Any remaining demands that could be included in the Mass Filing will not be filed or proceed to arbitration, nor will any fees be applied until they are selected for the staged process.

Once the selected set of arbitration demands is resolved (whether through adjudication, settlement, or withdrawal), the process will restart with any new demands following the same guidelines. The parties’ legal counsel are encouraged to collaborate, consider mediation, and engage with NAM (including through a Procedural Arbitrator) to explore methods for streamlining the process, increasing the number of claims processed at once, conserving resources, and resolving additional claims.

This Mass Filing Procedure does not authorize class action arbitrations of any kind. The Company reserves all rights and defenses for each individual demand and claimant. Any arbitrator’s award that is fully satisfied will not be entered into court.

If 20 or more similar Disputes are allowed for arbitration but cannot be handled by NAM and are presented to ADR Services with the help of the same legal team or organization, ADR Services will follow the same Mass Filing Procedures, including the mass filing fee structure.

Arbitrator’s Fees: Both parties agree to work together to ensure the arbitration process is cost-effective, including engaging with NAM, ADR Services, or the arbitrator to address how the arbitrator’s fees should be split.

Confidentiality: Both parties agree that the arbitrator can issue an order requiring that any confidential information shared during the arbitration (whether in documents or verbal) can only be used in connection with the arbitration or to enforce the arbitration award. Any confidential information filed in court must be sealed to the greatest extent allowed by law.

Individualized Relief: The parties agree that the arbitrator can only grant declaratory or injunctive relief to the individual party seeking relief, and only to the extent necessary to address that party’s specific Dispute.

17. Miscellaneous

Entire Agreement: These Terms represent the complete agreement between you and the Company regarding your access to Pixxie. They supersede all previous or simultaneous agreements between you and the Company regarding access to Pixxie. A printed version of this agreement will be admissible in any proceedings arising out of (or related to) these Terms, to the same extent and under the same conditions as other business documents and records originally generated and kept in printed form. Any additional terms on Pixxie will apply to the items they concern.

Assignment and Delegation: The Company may transfer its rights or delegate any responsibilities under these Terms without your consent. You may not transfer your rights or delegate your duties under this agreement without the Company's prior written consent. Any attempt to transfer rights or delegate duties in violation of this section is void.

No Waivers: The parties can only waive a provision of these Terms through written consent signed by the party or parties against whom the waiver is to be enforced. No delay or failure to exercise any right or remedy, or to require the satisfaction of any condition, under these Terms, nor any act, omission, or pattern of dealing between the parties, constitutes a waiver or estoppel of any right, remedy, or condition. A waiver made in writing on one occasion is only valid for that specific instance and purpose. A waiver provided once does not imply a waiver for future occasions or against any other individual.

Sever-ability: The parties intend the following:

  • If any provision of these Terms is deemed unenforceable, that provision will be adjusted to the minimum extent necessary to make it enforceable, unless such modification is not allowed by law, in which case the provision will be disregarded;
  • If modifying or disregarding the unenforceable provision undermines the core purpose of this agreement, these Terms will be considered unenforceable;
  • If an unenforceable provision is modified or disregarded according to this section, the remainder of these Terms will stay in effect as written; and
  • Any provision that is unenforceable will remain in place in any situation other than when it is ruled unenforceable.

Notice to the Company: You may send notices to the Company by email at support@pixxie.com unless a specific email address is provided for giving notices. The Company will consider an email notice received when its server sends a return message confirming receipt. The Company may change its contact details from time to time by posting the updated information on Pixxie. Please refer to Pixxie for the most up-to-date contact information.

Notice to You: You agree to receive any notices from the Company electronically either (1) via email to the last known email address the Company has for you, (2) via a notification on your account, or (3) by posting the notice on a designated area of Pixxie. The Company will consider email notices sent to you as received when its email service confirms the transmission to your email address. You affirm that any email address provided to the Company is valid for receiving notices and that your computer is properly configured to send and receive email.

Force Majeure: The Company is not liable for any failure to perform due to unforeseen circumstances or causes beyond its reasonable control, such as natural disasters (e.g., fire, flood, hurricanes), war, riots, strikes, material shortages, failure of telecommunications, cyberattacks, or failures of computer, server, network, or software systems.

No Third-Party Beneficiaries: These Terms are not intended to, and do not, confer any rights or remedies on any party other than the parties to this agreement.

Relationship of the Parties: These Terms do not create a partnership, joint venture, agency, franchise, or employment relationship between the parties, and the parties expressly deny the existence of any of these relationships. Neither party is an agent for the other and neither can bind the other in any agreement with a third party.

Successors and Assigns: These Terms are binding on and inure to the benefit of the parties and their respective successors and assigns.

Communication Preferences: By registering for an account, you consent to receiving electronic communications from the Company regarding your account. These communications may include emails sent to the email address you provided at registration or notifications posted on Pixxie and will involve notices about your account (e.g., payment authorizations, password changes, subscription confirmations). You agree that any electronic communication you receive from the Company meets legal communication requirements, including the requirement for written form. The Company recommends saving copies of important communications.

Electronic Communications Not Private: The Company does not provide a private messaging system for sending or receiving confidential communications. Any messages sent to or received from the Company should be considered open communications, readily accessible to the public.

Electronic Signatures: Any agreement or consent you provide via Pixxie will be legally binding. You acknowledge that when you click an “I agree,” “I consent,” or similarly worded button or field using your finger, mouse, or device, your agreement is legally binding and the equivalent of a handwritten signature.

California Consumer Rights Information: If you are a California resident, you can contact the Company via email at support@pixxie.com to resolve disputes or obtain additional information about Pixxie. Registration is required to access Pixxie’s password-protected area. The Company does not charge for registration but does charge for content purchases and subscriptions.

English Language: These Terms are written in English, and any translation into another language is not intended to interpret or apply this agreement. All services, communications, and support will be provided in English.

Contact: For any feedback, comments, or technical support inquiries, you can reach out to the Company at info@pixxie.co.