Terms of Service

1. Nature of Service: Software Provider, Not Hosting Utility

1.1 Application Software Provider: Provider is strictly an Application Software-as-a-Service (SaaS) Vendor. Provider develops, licenses, and maintains the application features of PixelSuite. Provider is NOT a web hosting company, internet service provider, or dedicated data storage utility.

1.2 License Grant: Provider grants Subscriber a non-exclusive, non-transferable, revocable subscription license to access and use PixelSuite via web interface, specialized secondary portals (Staff Portal, Production Portal, Customer Portal), and compatible desktop/mobile terminals.

1.3 Third-Party Cloud Infrastructure (InterServer, USA): Subscriber acknowledges and agrees that the application runtime, database instances, and backup repositories are hosted on Virtual Private Server (VPS) infrastructure procured from third-party cloud hosting vendors (InterServer, Inc. in the United States). Provider exercises diligence in selecting cloud providers but does not own physical data centers.

2. Account Registration, Identity & Security

2.1 Registration Integrity: Subscriber agrees to provide true, accurate, and verifiable business information upon registration, including business name, owner name, active Sri Lankan mobile number, and email.

2.2 Credential Protection & RBAC: Subscriber is solely responsible for maintaining administrator credential secrecy and managing Role-Based Access Controls (RBAC) assigned to staff members.

2.3 Two-Factor Authentication (2FA): The platform provides multi-channel 2FA (Email OTP, SMS, Authenticator app). Subscriber is strongly advised to enforce 2FA across managerial and accounting logins.

3. Subscription Billing & Payment Integrator Disclaimers

3.1 Plans & Cycles: Access is billed on a recurring monthly or annual basis depending on your selected tier and active add-on modules (e.g., Events, Frame Production, AI Copilot, E-Commerce Storefront).

3.2 Payment Methods: Fees are settled via:

• PayHere: Credit/debit card and online banking aggregator.
• HelaPay / LankaQR: Instant dynamic QR payments via LankaQR-certified mobile banking apps.
• Manual Bank Deposit: Verified upon review of an uploaded deposit receipt.

3.3 Central Bank Disclaimer: Provider is not a bank, acquirer, or licensed Payment Service Provider. All automated card and QR transactions are processed directly by third-party CBSL-approved entities (PayHere Services (Pvt) Ltd and HelaPOS/LankaQR). Provider is not responsible for interbank switch latency, card declines, or gateway downtime.

3.4 Automated Recurring Card Billing & Consumer Authorization: When subscribing via credit or debit card through PayHere, Subscriber explicitly authorizes Provider and PayHere to automatically charge Subscriber's card on a recurring monthly or annual basis for the applicable package renewal fees until cancelled. Card details are securely tokenized and vaulted by PayHere under strict PCI-DSS compliance standards; Provider does not store, capture, or retain raw card numbers or CVV codes.

4. Promotional Codes & Coupon Engine

Discounts applied via promotional vouchers (saas_coupons) reduce subscription or addon charges per configured parameters. Vouchers are subject to redemption limits, validity windows, and single-use verification. Provider reserves the right to void coupons obtained fraudulently.

5. Account Status Lifecycle & Free Trial Terms

5.1 Free Trial Scope & Exclusion of Premium Services: Complimentary trial accounts (including the 14-day free trial) are provided solely for self-service software evaluation and testing without payment. Provider does NOT provide any premium services during the free trial, including dedicated 1-on-1 account management, custom developer modifications, on-site onboarding, priority phone support, or commercial SLA availability guarantees. Premium services, dedicated engineering support, and operational commitments activate exclusively upon upgrading to a paid subscription plan.

• Active / Trial Status: Full self-service operational access across ERP modules, POS registers, and public storefronts for testing.
• Grace Period (3 to 7 Days): Following an overdue invoice, access continues with administrative settlement banners.
• Suspension: Upon expiration of grace, administrative login is locked with a billing redirect, and public storefronts display an offline message. Database records remain frozen and physically preserved.
• Cancellation: Extended delinquency past 30 days may result in account cancellation.

6. Cancellation & Refund Policy

• Voluntary Cancellation: Subscriber may terminate subscription at any time via settings.
• One-Click Self-Service Auto-Debit Cancellation: Subscriber may cancel automated card auto-renew at any time directly from Settings > Billing > Cancel Auto-Debit without penalty or requirement to contact support. Cancellation requests are communicated immediately to the PayHere Subscription Manager API to halt future card deductions. Full workspace functionality remains active through the end of the current pre-paid cycle.
• Monthly Plans: Monthly subscription payments and renewals are strictly non-refundable once billed. Service remains active until the end of the paid billing cycle.
• Annual Plans: New annual subscriptions include a 14-day refund window from purchase. After 14 days, annual plans are non-refundable.
• Setup & Addons: Custom data onboarding fees, SMS top-ups, and hardware device purchases are non-refundable once delivered.

7. Tenant Data Ownership & Affirmative Duty to Maintain Backups

7.1 Absolute Tenant Ownership: Subscriber retains complete proprietary ownership of all customer profiles, order workflows, financial ledgers, and catalog media stored in its dedicated tenant database.

7.2 Built-in Self-Service Backup Utilities: The platform equips each studio with integrated, on-demand database backup and export tools directly in the management portal (pages/backup_db.php). Subscriber has the ability at all times to:

• Generate and download complete SQL database snapshots (BACKUP_{studio}.sql) to local physical storage;
• Export structured client and ledger data (CLIENT_DATA_{studio}.sql);
• Configure local backup directory paths for offline storage.

7.3 Subscriber’s Affirmative Duty to Backup: Subscriber expressly acknowledges and agrees that maintaining regular, independent, offline copies of its business records, customer transactions, and accounting ledgers is solely Subscriber’s operational responsibility. Subscriber warrants that it will utilize the provided self-service tools to archive its data regularly outside of Provider’s server environment.

8. Acceptable Use Policy

Subscriber agrees NOT to utilize the platform or its public storefronts to:

• Sell, market, or distribute illegal products, prohibited narcotics, or unlicensed goods under Sri Lankan law;
• Upload defamatory, obscene, harassing, or infringing media;
• Dispatch unsolicited bulk promotional SMS (spam) in violation of TRCSL regulations or Unecast operator policies;
• Attempt to breach multi-tenant database isolation, reverse engineer ERP source code, or conduct unauthorized penetration testing.

9. Limitation of Data Liability, Force Majeure & Hosting Disclaimer

9.1 Disclaimer of Warranties: The platform is provided "as is" and "as available". Provider disclaims all implied warranties of uninterrupted availability or fitness for a particular purpose.

9.2 No Data Custody or Insurer Liability (Acts of God & Data Loss Disclaimer): Provider is a software service provider, not an insurer or custodian of Subscriber’s data. Because Subscriber is equipped with on-demand self-service backup and export utilities, Provider shall have zero liability to Subscriber or any third party for any loss of operational data, database corruption, accidental deletion, destruction of records, or business disruption, whether resulting from:

• Acts of God & Force Majeure: Natural disasters, lightning strikes, severe flooding, earthquakes, severe weather events, or structural physical catastrophes;
• Power grid blackouts, telecommunications operator failures, national connectivity disruptions, warfare, or civil emergencies;
• Hardware breakdowns, disk corruption, or cloud outages affecting upstream infrastructure vendors (including InterServer, Inc.);
• Cyber attacks, unauthorized intrusions, ransomware, or third-party malicious acts;
• Subscriber’s failure to regularly execute and preserve offline database backups using the platform's backup feature.

9.3 Maximum Security Standards & Dedicated Incident Recovery Support: While Provider disclaims insurer liability for catastrophic data loss, Provider actively implements and enforces Maximum Industry-Standard Security Safeguards (including strict database-level physical isolation in Model 2, 256-bit SSL transport encryption, automated security firewalls, rate limiting, and offsite disaster-recovery archives). In the unlikely event of any platform hardware failure or technical incident, Provider's engineering team commits to using maximum diligence and active, dedicated technical support to assist Subscriber in data restoration from the latest available snapshots or Subscriber's downloaded archives.

9.4 Monetary Liability Cap: Provider’s aggregate financial liability arising under this Agreement for any cause whatsoever shall not exceed the total subscription fees actually paid by Subscriber to Provider in the three (3) months immediately preceding the event giving rise to liability.

10. Governing Law & Dispute Resolution

This Agreement shall be governed by and construed in accordance with the substantive laws of the Democratic Socialist Republic of Sri Lanka. Any dispute, controversy, or claim arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction of the competent courts sitting in Colombo, Sri Lanka.