1. Overview
These Terms of Service ("Terms") govern your access to and use of the services provided by PIXELMENDER ("we," "us," or "our"), a North Carolina business. By creating an account or using our platform, you agree to be bound by these Terms.
PIXELMENDER is a precision studio that builds high-performance web assets and deploys AI-powered sales agents (the "Digital Workforce") for local service businesses. Our platform operates on a lease-to-own model where clients vest into full IP ownership of their digital assets over 12 months.
2. Eligibility
You must be at least 18 years old and have the legal authority to bind the business entity you represent. By agreeing to these Terms, you represent that you meet these requirements.
3. Account Registration
You must provide accurate, complete information during signup, including a valid phone number for verification. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.
You agree to notify us immediately of any unauthorized use of your account.
4. Services
PIXELMENDER provides the following services to all clients:
- Web Asset Development: Custom, high-performance website design and development tailored to your industry.
- Digital Workforce Suite: AI-powered agents including The Receptionist (web chat), The Sales Associate (SMS), The Operator (phone), The Scheduler (calendar), The Reactivator (dormant lead follow-up), and Review Manager (review solicitation).
- Lead Qualification: AI-driven lead qualification and routing through the SPIN and BANT frameworks.
- Compliance Infrastructure: 10DLC SMS registration, domain management, and regulatory compliance.
5. Pricing and Payment
5.1 Plans
PIXELMENDER offers two plans:
- Founding Partner: $299 per month (limited to the first 20 clients).
- Standard: $499 per month (clients 21 and beyond).
Both plans include the full Digital Workforce suite. There is no feature gating between plans.
5.2 Setup Fee
A one-time setup fee of $2,000 is required to initiate your project. This covers discovery, design intelligence analysis, initial site build, and workforce configuration.
5.3 Per-Qualified-Lead Billing
In addition to your monthly plan fee, you are billed per qualified lead generated by the Digital Workforce. Lead rates range from $40 to $200 depending on your industry. Your specific rate is disclosed during onboarding and documented in your client dashboard.
5.4 Loyalty Pricing
After completing 12 consecutive monthly payments (the "vesting period"), your monthly rate drops to $99 per month. Per-lead billing continues at the same rate.
5.5 Payment Processing
All payments are processed through Stripe. By subscribing, you authorize recurring charges to your payment method on file. Failed payments may result in service suspension.
6. Lease-to-Own Vesting
Your web assets are leased during the 12-month vesting period. Upon completing all 12 monthly payments, full intellectual property ownership of the site architecture, design assets, and content transfers to you.
Early buyout is available starting at month 6. The buyout amount is calculated as:
Total Asset Cost - (Setup Fee + Months Completed x Monthly Fee).
If payments are missed, your site transitions to a parking page until the account is brought current or terminated.
7. Acceptable Use
You agree not to use PIXELMENDER services to:
- Send unsolicited bulk messages (spam) through the Digital Workforce.
- Generate, store, or distribute illegal content.
- Impersonate another person or entity.
- Attempt to bypass AI safety controls or manipulate agent behavior.
- Use the platform to harass, threaten, or discriminate against any person.
- Violate any applicable local, state, national, or international law.
Violation of this section may result in immediate account suspension or termination.
8. AI-Generated Content
The Digital Workforce uses artificial intelligence to generate responses, qualify leads, and communicate with your customers. While we implement extensive safety measures (including content validation, forbidden phrase detection, and grounding verification), AI-generated content may occasionally contain inaccuracies.
You acknowledge that:
- AI responses are generated algorithmically and may not always be accurate.
- You are responsible for reviewing AI-generated content related to your business.
- PIXELMENDER is not liable for business decisions made based on AI-generated content.
- The Digital Workforce operates within parameters you configure during onboarding.
9. Intellectual Property
Platform: PIXELMENDER retains all rights to the platform, AI models, workforce infrastructure, and proprietary systems. Your license to use the platform is non-exclusive and revocable.
Client Data: You retain ownership of all business data, customer information, lead records, and content you provide. We do not claim ownership of your data.
Vested Assets: Upon completing the 12-month vesting period, ownership of your custom site architecture and design assets transfers to you per Section 6.
10. Termination
Either party may terminate this agreement with 30 days written notice. Upon termination:
- Your Digital Workforce agents will be deactivated.
- You may request a data export within 30 days of termination.
- If vesting is not complete, unvested assets remain PIXELMENDER property.
- Outstanding lead charges and fees remain due.
We may terminate your account immediately for violations of the Acceptable Use policy.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PIXELMENDER'S TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM THESE TERMS OR YOUR USE OF THE SERVICES SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
PIXELMENDER SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES.
12. Dispute Resolution and Arbitration
Any dispute arising from these Terms shall be resolved through binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules.
Opt-Out: You may opt out of this arbitration clause within 30 days of account creation by submitting a written opt-out request through your dashboard or by emailing legal@pixelmender.com.
Class Action Waiver: You agree to resolve disputes on an individual basis. You waive any right to participate in a class action or class-wide arbitration.
13. Governing Law
These Terms are governed by the laws of the State of North Carolina, without regard to conflict of law principles. Any litigation (where arbitration does not apply) shall be brought exclusively in the state or federal courts located in Guilford County, North Carolina.
14. Changes to These Terms
We may update these Terms from time to time. When we do, we will update the "Last Updated" date and notify you via your dashboard. Continued use of the platform after changes constitutes acceptance of the updated Terms. If you do not agree to the changes, you may terminate your account.
15. Mending Requests (Site Updates)
15.1 Monthly Allowance
Your subscription includes up to 4 mending requests per month. A mending request is a single, discrete change to your website: updating text, swapping an image, adjusting a layout element, or similar content-level modifications.
15.2 Content Updates vs. Structural Changes
Content updates are changes to existing elements: editing copy, replacing photos, updating hours, changing colors, or adjusting spacing. These are covered by your monthly allowance or billed at the excess rate below.
Structural changes are additions or redesigns that alter the site's architecture: adding new pages, building new sections, redesigning layouts, or adding interactive features. Structural changes are quoted per-project (typically $200 to $500+) and do not count against your monthly allowance.
15.3 Excess Mending Billing
Content update requests beyond your monthly allowance are billed at $50 per request. You will be notified in your dashboard when your allowance is exhausted and before any excess charges are applied. Excess charges appear as line items on your next invoice.
15.4 Bundled Requests
A single submission containing multiple distinct changes (e.g., "update the hero text AND swap the about photo AND change the phone number") counts as multiple requests. If a submission contains changes that would be better addressed as a structural project, we will notify you and provide a quote.
15.5 Bug Fixes
Bugs in PIXELMENDER-generated code are always fixed at no charge and do not count against your monthly allowance. A bug is defined as functionality that does not work as originally delivered or specified during onboarding.
15.6 Billing Cycle
Your mending allowance resets on each subscription billing date. Unused requests do not roll over to the following month.
16. SMS and Voice Communications
16.1 SMS Consent
The Digital Workforce may send text messages to your customers on behalf of your business. Customers must provide explicit opt-in consent before receiving messages. Consent is collected through your website booking forms, intake forms, or other customer-facing interfaces that include an unchecked consent checkbox.
Required disclosure at opt-in: "By checking this box, you agree to receive text messages from [Business Name]. Msg & data rates may apply. Reply STOP to opt out at any time."
16.2 Opt-Out Handling
Recipients may opt out of SMS communications at any time by replying STOP, STOPALL, UNSUBSCRIBE, CANCEL, END, or QUIT. Opt-out requests are processed immediately and automatically. Opt-out reminders are included in messages at least once per month.
16.3 Voice Recording Consent
Inbound phone calls handled by The Operator (AI voice agent) may be recorded for quality assurance and lead documentation purposes. Recording consent is obtained through the PEWC (Prior Express Written Consent) gate before AI voice handling begins. Calls from jurisdictions requiring two-party consent are handled in accordance with applicable state law.
17. Contact
For questions about these Terms:
PIXELMENDER
North Carolina, USA
Email: legal@pixelmender.com