Terms of Service

Version: 1.6 Effective date: July 21, 2026 Last updated: July 21, 2026

These Terms of Service ("Terms") are a binding agreement between you ("you" or "User") and Bowdacious Media LLC ("Bowdacious", "we", "us", or "our"), which operates "PixelTools" as a registered trade name (DBA) and is the maker of the PixelTools installer application and the PixelTools color-grading tools. By creating an account, clicking "I Agree", purchasing from or using the Store, or installing or using the Software, you accept these Terms. If you do not agree, do not use the Software.

1. Eligibility

You must be at least 18 years old (or the age of majority where you live) and able to form a binding contract. If you use the Software on behalf of an organization, you represent that you are authorized to bind that organization to these Terms.

2. Definitions

"Software" — the PixelTools installer/manager application for macOS and Windows.
"Tools" — the color-grading content made available by PixelTools, whether distributed through the Software or delivered directly from the Store, including DCTL plug-ins, OpenFX (OFX) plug-ins, PowerGrades, and look-up tables (LUTs).
"Account" — the account you create and access via email sign-in.
"Demo" — a watermarked, evaluation-only version of a Tool provided at no charge.
"Store" — our online store at pixeltoolspost.com, operated via Shopify.
"Services" — the Store, Account and entitlement systems, Software-based download and license-management functions, website features, support, and other online services we operate. The Services do not include the Tools themselves except where the context expressly states otherwise.

3. Accounts

You sign in with your email address. You are responsible for keeping access to your email and Account secure and for all activity under your Account. Provide accurate information and keep it current. Notify us promptly of any unauthorized use. We may suspend or terminate Accounts that violate these Terms (see Section 14).

4. License Grant

Subject to these Terms and your payment of any applicable fees, Bowdacious grants you a perpetual, personal, non-exclusive, non-transferable, non-sublicensable license to download, install, and use the Software and the Tools you have licensed, on the number of machines permitted for your license tier, solely for your own color-grading work (including commercial client work you perform). This license continues perpetually and may be terminated by Bowdacious only as follows: (a) if you materially breach these Terms and, where the breach is curable, fail to cure it within thirty (30) days of written notice; or (b) immediately and automatically, without notice, if you use the Software or Tools without a valid license or entitlement, engage in unauthorized copying, redistribution, or sharing of license keys, or circumvent or attempt to circumvent license, activation, watermark, or copy protections. "Perpetual" refers to the duration of the license grant; update availability is described in Section 8. Termination of a license does not entitle you to a refund. All rights not expressly granted are reserved by Bowdacious.

4A. License Restrictions

The following restrictions apply to the Software and all Tools, whether obtained through the Software or the Store:

(a) No redistribution. Except for Demos and free samples that Section 6 expressly permits you to share in complete, unmodified form, you may not share, upload, publish, distribute, or otherwise make copies of the Software or Tools available to any third party, free or paid — including direct file sharing, posting or leaking download links, uploading to cloud drives or servers accessible by others, posting in forums, Discord servers, or group chats, or sharing within a studio, facility, classroom, or team without an appropriate multi-seat or facility license.

(b) No resale or repackaging. You may not resell, sublicense, package, or repackage any Tool, in whole or in part, into another product or service — including LUT packs, preset or PowerGrade bundles, courses, workshops, memberships, commercial software, plug-ins, or toolkits.

(c) No commercial derivative products. You may not use the Tools to create LUTs, presets, PowerGrades, or other derivative tools intended for sale, distribution, licensing, or general release. Creating custom looks for a specific client, show, or project in the course of your own grading work is permitted.

(d) No extraction of color science. You may not analyze, extract, reconstruct, profile, or otherwise attempt to derive the underlying color science, transforms, mathematical operations, or look profiles of any Tool — including by LUT sampling, curve matching, AI-assisted reconstruction, profiling via test charts or analysis plates, or rebuilding transforms through measurement or mathematical modeling.

(e) No AI training or dataset use. The Software, Tools, and their transforms and outputs may not be used to train machine-learning models, build datasets for AI systems, develop automated look-matching tools, or otherwise be included in any machine-learning workflow.

(f) Single user; no facility or service-bureau use. Unless your purchase states otherwise, each license permits installation on up to three (3) machines used by a single named individual. Shared grading suites, facility-wide installation, or any arrangement in which multiple operators access one license requires a multi-seat or enterprise license, available by contacting info@pixeltoolspost.com.

(g) Backup copies. You may make a reasonable number of backup copies for archival purposes only. Backups must remain in your exclusive possession and control and may not be shared or made accessible to any third party.

(h) No rental. You may not rent, lease, or lend the Software or Tools.

(i) Notices. You may not remove, alter, or obscure any copyright or proprietary notices.

Violation of this Section 4A is a material breach of these Terms; conduct falling within clause (b) of the termination provision in Section 4 terminates the affected license immediately and automatically, and we may additionally pursue DMCA takedowns and all other remedies available under applicable copyright and intellectual-property law.

5. Purchases, Licenses, and Refunds

Paid Tools and license tiers are purchased through the Store. Pricing, license scope, machine limits, and refund eligibility are as described at the time of purchase and in the Store's policies, which are incorporated by reference. We may change prices and offerings prospectively. Prices may exclude applicable taxes, which will be calculated, collected, and remitted as required by law. Payment processing is handled by Shopify and the applicable payment provider under their terms; we do not store your full payment-card details. Refunds are further addressed in Section 5A (EU/EEA/UK consumers) and Section 5B (all other consumers). If there is any conflict between these Terms and the Store's policies, these Terms control — except where the Store's policy or applicable law is more protective of you as a consumer.

5A. EU/EEA and UK Consumers — Right of Withdrawal and Express Waiver

This Section applies to you only if you are a consumer resident in the European Union, the European Economic Area, or the United Kingdom. It is required by, and is to be read consistently with, applicable consumer-protection law — in particular Article 16(m) of the Consumer Rights Directive 2011/83/EU (the exception to the right of withdrawal for digital content not supplied on a tangible medium), as amended by the Omnibus Directive (EU) 2019/2161, together with the national laws implementing it; and, in the United Kingdom, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. References in this Section to the "right of withdrawal" include the equivalent "right to cancel" under UK law.

(a) Statutory right of withdrawal. As a consumer entering into a distance contract, you ordinarily have the right to withdraw from a purchase within fourteen (14) days, without giving any reason.

(b) Digital content supplied immediately. Purchased downloadable Tools are digital content not supplied on a tangible medium, made available for download, installation, and use immediately upon purchase or claim — that is, before the fourteen (14) day withdrawal period has expired. To the extent a purchase includes a legally distinct digital service (for example, ongoing account functionality), beginning that service during the withdrawal period does not by itself eliminate any cancellation right; if you cancel after requesting early performance of a service, you may be required to pay a proportionate amount for what was already supplied, where applicable law permits.

(c) Your express prior consent and acknowledgment. Before any download or installation begins, we ask you to confirm, by a separate, affirmative action (ticking a dedicated checkbox distinct from your general acceptance of these Terms), that: (i) you expressly request and consent that we begin supplying the digital content and digital services to you immediately, before the fourteen (14) day withdrawal period ends; and (ii) you expressly acknowledge that, once supply has begun (and, for downloadable content, once the download has started), you lose your right of withdrawal in respect of that digital content. We will provide you with confirmation of this consent on a durable medium (by email).

(d) Effect. To the maximum extent permitted by applicable law, once performance has begun with your consent under paragraph (c), you are not entitled to withdraw from or obtain a refund of that purchase by reason of the statutory withdrawal right. This does not limit any separate rights you may have if a Tool is faulty or not as described, or any other mandatory statutory rights that cannot be waived under applicable law.

(e) If you do not consent. If you do not wish to waive your withdrawal right, do not download, install, claim, or begin using the purchased Software or Tool during the withdrawal period, and contact us at info@pixeltoolspost.com to arrange withdrawal in accordance with applicable law and the Store's policies.

5B. U.S. and Other Non-EU/EEA Consumers — Refunds

This Section applies if Section 5A does not (for example, if you are located in the United States).

(a) Digital goods, delivered immediately. Nothing in this Section limits any refund, repair, replacement, or other remedy required by applicable law; where applicable law requires a monetary refund, we will provide it in the form and manner the law requires. The Software and the Tools are digital products delivered electronically and made available for immediate download, installation, and use. Except for the guarantee in paragraph (b) and remedies required by applicable law, all sales are final and non-refundable once the product has been downloaded, installed, or otherwise accessed.

(b) 7-day satisfaction guarantee (discretionary). As a courtesy, we may offer a satisfaction guarantee under which, within seven (7) days of your purchase, you may request store credit toward another PixelTools product in lieu of the paid Tool. This guarantee is offered and granted entirely at our sole discretion, is not a statutory or contractual right, and may be modified, limited, or withdrawn by us at any time on a prospective basis; changes will not reduce the eligibility period stated when you made an existing purchase. We may decline a request, including where we reasonably believe the guarantee is being abused (for example, repeated buy-and-refund activity, or evidence the Tool's output has been used in delivered work). Approved requests are issued as store credit through the Store, redeemable toward another PixelTools product. Unless a longer period is required by applicable law, store credit issued under this guarantee is valid for sixty (60) days from issuance; where applicable law prohibits or restricts the expiration of store credit (including, where applicable, for California residents), the credit remains valid for as long as that law requires. Requests are made to info@pixeltoolspost.com.

(c) No other refunds. Demos are provided free of charge and are not eligible for refunds. Nothing in this Section limits any rights you may have under applicable law that cannot be waived.

(d) Duplicate purchases. Accidental multiple or duplicate purchases of the same product may be refunded on a case-by-case basis and may be subject to payment-processor transaction fees. It is your responsibility to confirm compatibility using available Demos and documentation before purchasing.

(e) Australian consumers. Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms excludes, restricts, or modifies those guarantees or any remedy available for their breach. Where the Australian Consumer Law entitles you to a refund, the refund will not be limited to store credit unless you choose store credit.

5C. Orders; Billing Information; Errors

We reserve the right to refuse or cancel any order and to limit quantities purchased per person, household, or order, including orders that in our sole judgment appear to be placed by dealers, resellers, or distributors. If we change or cancel an order, we may attempt to notify you via the contact details provided with the order. You agree to provide current, complete, and accurate purchase and billing information and to keep it up to date. Our site and Service may occasionally contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, or availability; we reserve the right to correct them and to cancel affected orders at any time without prior notice, including after you have submitted an order, and we undertake no obligation to update information except as required by law. If we cancel an order after payment and do not supply the purchased license, we will return the amount paid; cancellation of an order does not terminate an already-issued valid license except under Section 4 or as required by law.

5D. Chargebacks, Payment Disputes, and Fraud Prevention

(a) Contact us first. We encourage you to contact us at info@pixeltoolspost.com regarding any billing, access, or product concern before initiating a chargeback or payment dispute where practicable — most issues are resolved quickly. Nothing in these Terms limits any right you may have to dispute an unauthorized or improper charge.

(b) Consequences of a chargeback. While a chargeback or payment dispute concerning a purchase is pending, we may temporarily suspend access to the downloads and licenses associated with the disputed payment where reasonably necessary to prevent fraud or uncompensated use, and we may provide evidence of delivery, download logs, IP addresses, and correspondence to the payment processor to contest the dispute. If the dispute is resolved in our favor or the purchase price is otherwise paid, we will promptly restore access unless an independent ground for termination exists under Section 4. If the dispute is resolved in your favor, we will not terminate your other fully paid licenses or penalize you merely for exercising a lawful dispute right. We may permanently terminate a license in connection with a chargeback only where we reasonably determine, based on documented evidence, that the chargeback was knowingly fraudulent — which constitutes a material breach under Section 4.

(c) Fraud review. We may monitor account activity for signs of unauthorized sharing, excessive download attempts, geographically inconsistent downloads, reseller behavior, or other suspicious activity, and may temporarily suspend or restrict account access while a review is conducted. We reserve the right to refuse service, cancel orders, disable downloads, or ban accounts in cases involving fraudulent chargebacks, fraud or suspected fraud, abuse of the satisfaction guarantee described in Section 5B, unauthorized sharing or redistribution, or violation of these Terms.

6. Demos and Trials

Demos are provided for evaluation only. Demo output is watermarked. You may not use Demo output in commercial or final deliverable work, and you may not remove, obscure, circumvent, or alter any watermark, license check, or machine limit. Demos are licensed, not sold, and may be modified or withdrawn at any time. Demos and free samples obtained from our website or the Software may be shared with others only in complete, unmodified form.

7. Acceptable Use and Restrictions

You agree not to, and not to permit others to:

copy, resell, sublicense, rent, lend, distribute, or publicly host the Software or Tools, except as expressly permitted by your license;
reverse engineer, decompile, or disassemble the Software or Tools, except to the limited extent that applicable law expressly permits despite this restriction;
circumvent, disable, or interfere with licensing, activation, watermarking, machine limits, or security features;
use the Software or Tools for any unlawful, infringing, or harmful purpose; or
misrepresent your affiliation with Bowdacious or remove proprietary notices.

8. Updates, Betas, and Changes to the Software

The Software may download and install updates automatically to keep it working and secure. Updates to Tools you have purchased are currently provided at no additional charge, under the update policy in effect at the time of your purchase. For purchases made while updates are advertised as included, this means all updates we generally release for that purchased Tool, at no additional charge, for as long as we continue to develop or maintain that Tool; it does not require us to create any particular update, maintain compatibility with future third-party products, or provide a separately marketed successor product. We may change our update offerings prospectively for future purchases (for example, by limiting included updates to a set period after purchase); any such change will not reduce the update entitlement that applied to purchases you have already made. We do not guarantee that any particular feature will remain available or that the Software or Tools will remain compatible with future versions of third-party host applications (see Section 9). We may add, change, or remove features, Tools, or beta/early-access content at any time. Beta features are provided "as is" and may be unstable or discontinued. We may discontinue offering a Tool for new purchases and may discontinue hosting older versions, but discontinuation alone does not terminate a valid perpetual license and does not authorize us to remotely disable a lawfully installed paid Tool; unless required by law, security, or third-party rights, we will provide reasonable notice before permanently ending re-download availability for a purchased Tool.

9. Intellectual Property

The Software and Tools, and all related intellectual property, are owned by Bowdacious or its licensors and are protected by law. These Terms grant you a license, not a sale, and do not transfer any ownership. "PixelTools" and related marks are our property. The Tools, including their underlying color science, algorithms, and transforms, are original works of Bowdacious Media LLC. Third-party components, if any, remain subject to the applicable third-party notices and license terms made available with the Software.

9A. Copyright Complaints (DMCA)

If you believe content available through our Service infringes your copyright or that of someone you represent, notify us at info@pixeltoolspost.com with "DMCA Notice" in the subject line. Include a description of the alleged infringement, your contact information, and a statement under penalty of perjury that the information you provide is accurate and that you are the copyright owner or authorized to act on the owner's behalf.

10. Privacy

Our handling of your information is described in our Privacy Policy at https://pixeltoolspost.com/pages/privacy-policy, which is incorporated by reference. By using the Software you acknowledge that data is processed as described there (for example: account email, device and installation information, and basic diagnostics).

11. Third-Party Software and Services

The Tools are designed for use with DaVinci Resolve, a product of Blackmagic Design. Bowdacious is not affiliated with, endorsed by, or sponsored by Blackmagic Design, Shopify, or any other third party named in the Software. Your use of third-party software and services is governed by their own terms; we are not responsible for them.

11A. Affiliate Program

We may operate an affiliate or referral program permitting third parties to earn commissions on qualifying sales. Participation is governed by separate affiliate terms made available to enrolled affiliates. Nothing in these Terms creates an affiliate relationship, and use of the Service alone does not entitle you to any commission or referral payment.

12. Disclaimers

THE SOFTWARE AND TOOLS ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not warrant that the Software will be uninterrupted, error-free, or compatible with any particular version of DaVinci Resolve or your hardware. You are responsible for maintaining backups of your work. We make reasonable efforts to ensure compatibility across common hardware, GPU, and DaVinci Resolve configurations, but due to the wide variety of systems and workflows, compatibility is not guaranteed and performance and results may vary. We do not guarantee any specific artistic, aesthetic, technical, or commercial outcome from use of the Software or Tools; results depend on your skill, workflow, footage, and system configuration. We also cannot guarantee that your monitor’s display of any color will be accurate.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BOWDACIOUS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, PROFITS, OR GOODWILL. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SOFTWARE OR TOOLS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE RELEVANT PRODUCT IN THE 12 MONTHS BEFORE THE CLAIM, OR (B) USD $99. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

13A. Indemnification

To the maximum extent permitted by law, you agree to indemnify, defend, and hold harmless Bowdacious and its officers, members, employees, and agents from and against any third-party claims, damages, liabilities, losses, and reasonable expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use or misuse of the Software or Tools; (b) your violation of these Terms or of any applicable law; (c) your infringement or misappropriation of any intellectual-property or other right of a third party; or (d) work or deliverables you create or distribute using the Software or Tools. We will notify you of any such claim and may, at our option, participate in its defense with counsel of our choosing. This Section does not apply to the extent a claim arises from our own breach of these Terms or our gross negligence or willful misconduct, or to the extent such indemnity is not permitted by applicable law (including against consumers where prohibited).

Nothing in Sections 12, 13, or 13A excludes or limits any liability or remedy that cannot lawfully be excluded or limited, including liability for fraud or willful misconduct or nonwaivable consumer rights. If you are a consumer, the indemnity in Section 13A applies only to third-party claims arising from your material breach of these Terms, your unlawful conduct, or your knowing infringement of a third party's rights — not to ordinary authorized use of the Software or Tools.

13B. Reviews, Feedback, and Submissions

(a) Review content. If you submit a product review, rating, comment, testimonial, image, video, or other content to the Service ("Review Content"), you grant us a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, format, display, publish, and distribute it in connection with the marketing and operation of the Services and our products, in any medium now known or later developed. We will not materially alter a review in a way that misrepresents its substance or your experience. You represent that your Review Content is truthful and reflects your genuine experience, does not infringe any third party's rights, is not unlawful or defamatory, and contains no malicious code. We may review, edit, refuse to post, or remove Review Content at our sole discretion, but have no obligation to do so.

(b) Ideas and feedback. If you send us creative ideas, suggestions, proposals, or other materials — solicited or not — you agree we may use them in any medium without restriction, confidentiality obligation, or compensation, and we are under no obligation to respond.

14. Termination

You may stop using the Software and delete your Account at any time. Deleting your Account may end access to account-based download, activation, and re-download functions, but does not by itself terminate a valid perpetual license. We may suspend or terminate your access to the Service or your Account if you breach these Terms or to comply with law. On termination of these Terms or your Account, your access to the Service ends; however, perpetual licenses to Tools you have purchased continue and end only as provided in Section 4 (material breach). If a license ends under Section 4, you must stop using and remove the affected Software and Tools. Sections 2, 4, 4A, 5, 5C, 5D, 8 (as to update entitlements attached to completed purchases), 9, 9A, 10, 11, 12, 13, 13A, 13B, 16, 17, and 18 — and any other provision that by its nature should survive — survive termination, along with any payment obligations accrued before termination.

15. Changes to These Terms

We may update these Terms. When we make a material change, we will bump the Version and require you to review and accept the updated Terms before continuing to use the Software. Your continued use after acceptance constitutes agreement to the updated Terms. Changes apply prospectively and will not retroactively reduce the license scope, machine allowance, update entitlement, or any other material paid benefit that applied when you purchased a Tool; if you do not accept revised Terms, the prior terms continue to govern your existing purchased licenses, though new online features or future purchases may require acceptance of the updated Terms.

16. Governing Law, Arbitration, and Disputes

(a) Governing law. These Terms are governed by the laws of the State of California, USA, without regard to its conflict-of-laws rules. The Federal Arbitration Act governs the interpretation and enforcement of the arbitration provisions in this Section.

(b) Informal resolution first. Before starting an arbitration or court proceeding, you agree to first contact us at info@pixeltoolspost.com with a written description of the dispute and the relief you seek, and to give us thirty (30) days to resolve it informally and in good faith. This step is a condition precedent to commencing a formal proceeding, except where immediate provisional relief is reasonably necessary, where a limitations period would otherwise expire, or where applicable law prohibits the requirement; any applicable limitations period is tolled during the 30-day informal-resolution period.

(c) Binding arbitration. Except for the matters described in paragraphs (f) and (j), you and Bowdacious agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Software, or the Tools will be resolved by final and binding arbitration, rather than in court. The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect. The arbitration will be conducted in Los Angeles County, California, or, at your election, by telephone, videoconference, or written submissions; and the arbitrator's award may be entered as a judgment in any court of competent jurisdiction. Except for disputes concerning contract formation, the enforceability of this delegation provision itself, or the applicability or enforceability of paragraphs (d), (j), or (l) — which a court will decide — the arbitrator has exclusive authority to resolve any dispute about the interpretation, applicability, or enforceability of this arbitration agreement.

(d) Class-action and jury-trial waiver. You and Bowdacious agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not preside over any form of a representative or class proceeding. You and Bowdacious each waive any right to a jury trial. If this paragraph (d) is found unenforceable as to a particular claim or request for relief, that claim or request will be severed and brought in the courts identified in paragraph (g), while the remainder of this Section continues to apply in arbitration.

(e) 30-day right to opt out. You may opt out of the arbitration agreement and class-action waiver in paragraphs (c) and (d) by sending written notice to info@pixeltoolspost.com within thirty (30) days of first accepting these Terms. Your notice must include your name, the email on your Account, and a clear statement that you wish to opt out of arbitration. If you opt out, the court provisions in paragraph (g) will govern your disputes; opting out has no other effect on these Terms.

(f) Exceptions. Either party may bring (i) an individual claim in small-claims court if it qualifies, and (ii) a claim seeking injunctive or other equitable relief to stop infringement or misuse of intellectual property rights. These claims are not subject to the arbitration requirement.

(g) Court venue for non-arbitrated matters. For any dispute not subject to arbitration (including matters under paragraph (f), claims by users who validly opted out, or claims if the arbitration agreement is held unenforceable), the exclusive venue is the state and federal courts located in Los Angeles County, California, and you consent to their personal jurisdiction. This venue provision applies only to the extent permitted by applicable law and does not prevent a consumer from bringing a claim in a local forum that applicable law makes available on a nonwaivable basis.

(h) EU/EEA and UK consumers. Nothing in this Section deprives a consumer resident in the EU, EEA, or UK of the protection of mandatory provisions of the consumer-protection law of their country of residence, including any right to bring proceedings in their local courts. To the extent the arbitration agreement or class-action waiver in this Section is prohibited or unenforceable under that law, it does not apply to that consumer.

(i) Mandatory local consumer protections (all consumers). If you are a consumer, nothing in these Terms limits or excludes any right or remedy you have under the mandatory consumer-protection laws of your country or state of residence that cannot lawfully be limited or excluded by agreement. Where any provision of these Terms conflicts with such a mandatory protection, that protection prevails for you, and the remainder of these Terms continues to apply.

(j) Public injunctive relief (California). Nothing in this Section waives, or requires arbitration of, a claim for public injunctive relief to the extent a waiver of the right to pursue public injunctive relief in some forum is unenforceable under California law. If you seek public injunctive relief that cannot lawfully be waived or required to proceed in arbitration, that request — and only that request — will be decided by the courts identified in paragraph (g); the court will determine under governing law whether to stay that request while individual arbitrable claims proceed, and these Terms do not require an automatic stay or restrict the court's authority to grant provisional or permanent relief. All other aspects of the dispute remain subject to arbitration. If any part of this paragraph is held unenforceable as to a particular request for public injunctive relief, that request will proceed in court and the remainder of this Section remains in full force.

(k) Arbitration fees and costs. Payment of AAA filing, administration, and arbitrator fees is governed by the AAA Consumer Arbitration Rules. Where those rules or applicable law (including California Code of Civil Procedure Sections 1281.97-1281.99, where applicable) require us to pay arbitration fees, we will pay them within the time required. In no event will you be required to pay fees and costs to commence arbitration that exceed what you would pay to file the same claim in the court identified in paragraph (g). This paragraph does not limit any award of fees or costs the arbitrator may make under applicable law or the AAA rules with respect to claims found to be frivolous or brought for an improper purpose. Nothing in these Terms limits any right or remedy available to a consumer under California Code of Civil Procedure Sections 1281.97-1281.99 or any analogous law, including remedies arising from untimely payment, to the extent applicable.

(l) Coordinated filings. If twenty-five (25) or more substantially similar demands for arbitration are filed against either party by or with the assistance of the same law firm or coordinated counsel or organizations within a one hundred eighty (180) day period, either party may request that the AAA apply its then-current procedures for mass or multiple case filings. Any staged or batched process must be approved and administered by the AAA, must preserve each claimant's individual claim and right to an individual hearing and award, and may not bind any claimant to findings from a proceeding in which that claimant did not participate. The parties will confer in good faith regarding a fair and neutral selection of any bellwether matters. No demand may remain stayed for more than one hundred eighty (180) days without the claimant's consent or an order of the arbitrator or a court of competent jurisdiction, and all applicable statutes of limitation are tolled for a stayed demand from the date it is filed until it proceeds. If the AAA declines to administer such a procedure, or if this paragraph is held unenforceable as to a particular demand, that demand will proceed as an individual arbitration under paragraph (c).

17. General Provisions

(a) Entire agreement. These Terms, together with the Privacy Policy and the Store's policies incorporated by reference and any order terms presented to you at purchase, are the entire agreement between you and Bowdacious regarding the Software and Tools, and supersede any prior or contemporaneous agreements on that subject. This version consolidates prior PixelTools terms and policy documents; the consolidation does not reduce any material license or update entitlement that attached to a purchase when it was made.

(b) Severability. If any provision of these Terms is held invalid or unenforceable, that provision will be limited or removed to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

(c) Assignment. You may not assign or transfer these Terms, your Account, or your licenses without our prior written consent. We may assign these Terms, in whole or in part, including in connection with a merger, acquisition, reorganization, or sale of assets. These Terms bind and benefit the parties' permitted successors and assigns.

(d) No waiver. Our failure to enforce any provision of these Terms is not a waiver of our right to enforce it later. Any waiver must be in writing to be effective.

(e) Notices. We may give you notices by email to the address on your Account, by posting within the Software, or by posting on the Store. You may give us formal legal notice in writing to Bowdacious Media LLC at the address in Section 18, or by email to info@pixeltoolspost.com. Email and in-app notices are deemed received when sent to the most recent address on your Account, unless the sender receives a nondelivery notice; mailed notices are deemed received when delivered. A notice of material breach under Section 4 will also be sent by another reasonably calculated method where practicable.

(f) Force majeure. We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including acts of God, natural disasters, outages of third-party services or networks, labor disputes, or governmental action. Force majeure does not excuse payment obligations already accrued or our obligation to return payment for a purchased product we permanently cannot supply.

(g) Electronic communications and signatures. You consent to receive communications from us electronically, and you agree that electronic agreements, notices, disclosures, and other communications satisfy any legal requirement that they be in writing. Your acceptance of these Terms through the Software (for example, by clicking "I Agree") has the same legal effect as a handwritten signature.

(h) Export controls and sanctions. You represent that you are not located in, and will not use or export the Software or Tools to, any country or person subject to U.S. embargoes or sanctions; that you are not identified on any U.S. government restricted-party or sanctions list; and that you will comply with all applicable export-control and sanctions laws.

18. Contact

Bowdacious Media LLC (d/b/a PixelTools) 6221 Van Nuys Blvd, Unit #502 Van Nuys, California 91401 United States info@pixeltoolspost.com

By clicking "I Agree" you confirm that you have read, understood, and agree to be bound by these Terms of Service. If you are a consumer in the EU/EEA or UK, by separately confirming the consent described in Section 5A you give your express prior consent to immediate performance and acknowledge that you thereby lose your statutory right of withdrawal.