Pixel Palms / The fine print

Terms and Conditions

1. Agreement and Parties

These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("User," "Customer," "You") and Cocotofy LLC, a limited liability company organized under the laws of the United States ("Company," "We," "Us," "Our"), operating the Pixel Palms brand and website.

By accessing our website, making purchases, submitting content, or using our services, you automatically and irrevocably agree to be bound by these Terms, our Privacy Policy, and all applicable laws.

2. Services and Products

2.1 Digital Products

• Pixel-art video loops and animations ("Products")
• Digital downloads in various formats (MP4, MOV, etc.)
• Both free samples and premium paid content
• Custom video creation services
• Subscription-based 4K access plans

2.2 Service Availability

Services are provided "as-is" without warranties of uninterrupted availability. We reserve the right to modify, suspend, or discontinue services at any time without prior notice.

3. Commercial License and Usage Rights

3.1 Broad Commercial License

Upon purchase, you receive a comprehensive, worldwide, royalty-free license to use our digital products for:

• Social Media: TikTok, Instagram, YouTube, Twitter, Facebook, and all current/future platforms
• Commercial Projects: Advertisements, client work, corporate videos, marketing campaigns
• Digital Products: NFTs, digital art collections, online courses, apps, games
• Physical Applications: Café displays, retail environments, digital signage, live events
• Streaming: Twitch overlays, YouTube streams, podcast visuals, virtual backgrounds
• Resale Rights: Incorporate into products you sell (with modification requirements below)

3.2 License Restrictions

You MAY NOT:

• Directly resell or redistribute our products as standalone items without significant modification
• Claim ownership or authorship of our original creations
• Use products for illegal, defamatory, or harmful purposes
• Remove or modify watermarks, credits, or embedded metadata without permission

3.3 Modification Rights

You are encouraged to modify, edit, combine, and remix our products to create new works. Modified versions fall under your creative ownership while respecting our original contribution.

3.4 Field Manual and Reference Assets

A Field Manual purchase grants one individual creator a non-transferable license to use its methods, prompts, and reference assets when creating original work, including commercial work.

You MAY NOT publish, share, sell, sublicense, upload to a public library, or redistribute the Field Manual, its private reader link, PDF, prompts, or bundled reference assets as standalone material. Teams and agencies must purchase one copy per creator who accesses the material.

4. Subscription Services

4.1 4K Access Subscriptions

Subscription plans provide access to high-resolution (4K) versions of our video library. Benefits include:

• Unlimited downloads of 4K versions
• Early access to new releases
• Exclusive subscriber-only content
• Priority customer support

4.2 Subscription Billing Terms

Weekly Subscription: Weekly subscriptions are billed at $4.99 when purchased and renew weekly unless cancelled.

Automatic Renewal: Subscriptions automatically renew at the end of each billing period (weekly or annually as selected). By subscribing, you authorize recurring charges to your payment method.

Billing Date: Your card will be charged on the same date each billing period. Failed payments may result in service suspension after 7 days.

Cancellation Policy:

• Cancel anytime through your Stripe Customer Portal (link provided in confirmation emails)
• Cancellation takes effect at the end of current billing period
• NO PARTIAL REFUNDS for cancelled subscriptions
• Access to 4K downloads continues until subscription period ends
• Previously downloaded 4K files remain licensed for use

Price Changes: Subscription prices may change with 30 days advance notice via email. Existing subscriptions maintain current pricing until next renewal cycle.

5. Billing Policy and Payment Terms

5.1 Payment Processing and Authorization

All payments are processed securely through Stripe, Inc. By making a purchase, you:

• Authorize immediate charge to your payment method for the full amount
• Agree to Stripe's Terms of Service and payment processing policies
• Confirm payment method ownership and authorization to make charges
• Acknowledge digital delivery begins immediately upon successful payment

5.2 Service Delivery Statement

CLEAR DELIVERY TERMS: Upon successful payment processing:

• Individual Products: Download links provided immediately via email and account dashboard
• Subscription Services: 4K access activated immediately, verified via email confirmation
• Custom Work: Project timeline communicated within 48 hours, with milestone updates

Delivery Confirmation: You will receive email confirmation containing your purchase details and access instructions. This email serves as proof of delivery for digital products.

5.3 Refund Policy and Procedures

We offer a 7-day money-back guarantee with the following specific terms:

Eligible for Refund:

• Technical issues preventing download or access
• Product significantly different from description
• Accidental duplicate purchases

NOT Eligible for Refund:

• Change of mind after successful download
• Products already used in commercial projects
• Custom work after production has begun
• Subscription cancellations (no partial refunds)
• Purchases made more than 7 days ago

Refund Process:

1. Email [email protected] within 7 days with subject "REFUND REQUEST"
2. Include: Order ID, reason for refund, and original purchase confirmation
3. Response within 2 business days, refund processed within 5-10 business days
4. Refunds issued to original payment method only

5.4 Chargeback and Dispute Policy

Our Chargeback Response Process:

• We maintain detailed records of all transactions and deliveries
• Email confirmations serve as proof of delivery
• Account access logs demonstrate successful product delivery
• Chargeback disputes will be contested with full documentation

Consequences of Illegitimate Chargebacks:

• Immediate termination of account and service access
• Forfeiture of all downloaded products and licenses
• Legal action to recover damages and fees
• Permanent ban from future purchases

6. User-Generated Content

6.1 Content Submissions

When you submit testimonials, custom requests, images, or other content to our platform, you grant us a perpetual, worldwide, royalty-free license to use, display, modify, and distribute such content for:

• Marketing and promotional purposes
• Website testimonials and reviews
• Social media content
• Service improvement and development

6.2 Content Standards

You warrant that all submitted content:

• Is original or properly licensed
• Does not infringe third-party rights
• Complies with applicable laws
• Is not defamatory, offensive, or harmful

7. Custom Work Services

7.1 Custom Requests

We offer custom video creation services subject to availability and our creative approval. Custom work terms:

• Pricing quoted individually based on complexity
• Payment required upfront before work begins
• Delivery timelines estimated, not guaranteed
• Up to 2 rounds of revisions included
• Final deliverables include same commercial license as standard products

7.2 Custom Work Refunds

Custom work is non-refundable once production begins. Refunds only available if we cannot fulfill the request or if we determine the project is outside our capabilities.

8. Intellectual Property

8.1 Our Rights

Cocotofy LLC owns all intellectual property rights in original Pixel Palms content, including but not limited to:

• Video animations and artwork
• Brand names, logos, and trademarks
• Website design and code
• Business processes and methodologies

8.2 DMCA Compliance

We respect intellectual property rights and comply with the Digital Millennium Copyright Act. To report copyright infringement, contact [email protected] with:

• Description of the copyrighted work
• Location of infringing material
• Your contact information
• Statement of good faith belief
• Electronic signature

9. Limitation of Liability

9.1 Disclaimer of Warranties

PRODUCTS AND SERVICES ARE PROVIDED "AS-IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

9.2 Limitation of Damages

IN NO EVENT SHALL COCOTOFY LLC BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, BUSINESS INTERRUPTION, OR DATA LOSS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY FOR ANY CLAIM SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SPECIFIC PRODUCT OR SERVICE IN QUESTION, OR $100, WHICHEVER IS LESS.

10. Indemnification

You agree to indemnify, defend, and hold harmless Cocotofy LLC, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses arising from:

• Your use of our products or services
• Your violation of these Terms
• Your infringement of third-party rights
• Content you submit to our platform

11. Privacy and Data Protection

11.1 Data Collection

We collect and process personal information as outlined in our Privacy Policy, including:

• Account information (email, name)
• Purchase history and preferences
• Usage analytics and website behavior
• Communications and support requests

11.2 Third-Party Services

We use third-party services including Google Analytics, Stripe, Firebase, and Cloudflare. Their respective privacy policies apply to data they process.

12. Documentation and Dispute Evidence

12.1 Transaction Records

We maintain comprehensive records of all transactions including:

• Payment confirmation timestamps and amounts
• Email delivery confirmations with read receipts when available
• Account access logs and download activity
• IP addresses and browser information for security
• Customer communications and support interactions
• Product usage and license activation records

12.2 Proof of Service Delivery

Digital Product Delivery Verification:

• Automated email confirmations sent immediately upon purchase
• Account dashboard access with download history
• Server logs showing successful file downloads
• License activation confirmations for subscriptions

Custom Work Delivery Verification:

• Email communications outlining project scope and timeline
• Work-in-progress updates with timestamps
• Final deliverable confirmation with client acknowledgment
• Revision history and approval records

12.3 Governing Law and Disputes

12.3.1 Governing Law

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles.

12.3.2 Pre-Dispute Resolution

MANDATORY CONTACT REQUIREMENT: Before initiating any legal action, chargeback, or formal dispute, you MUST:

1. Contact us in writing at [email protected]
2. Provide detailed description of the issue
3. Allow 5 business days for our response
4. Engage in good faith efforts to resolve the matter

12.3.3 Dispute Resolution

BINDING ARBITRATION: Any disputes arising from these Terms or your use of our services shall be resolved through binding arbitration administered by the American Arbitration Association, rather than in court, except for small claims disputes under $5,000.

12.3.4 Class Action Waiver

You waive any right to participate in class action lawsuits or class-wide arbitrations against Cocotofy LLC.

13. Termination

We may terminate or suspend your access to our services immediately, without prior notice, for conduct that violates these Terms or is harmful to other users, us, or third parties. Upon termination:

• Your right to use our services ceases immediately
• Previously granted licenses for purchased products remain valid
• Outstanding payment obligations remain in effect
• Provisions that should survive termination remain enforceable

14. Changes to Terms

We reserve the right to modify these Terms at any time. Changes become effective immediately upon posting to our website. Continued use of our services after changes constitutes acceptance of new Terms. Material changes will be communicated via email when possible.

15. Severability and Waiver

If any provision of these Terms is found unenforceable, the remaining provisions remain in full force. Our failure to enforce any right or provision does not constitute a waiver of that right.

16. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Cocotofy LLC regarding our services and supersede all prior communications and proposals.