Terms of Service

1. Acceptance of Terms

By accessing the website at https://pixelamos.co, engaging our services, or entering into a service agreement with Pixelamos S.A.S. (NIT registered in Colombia, hereinafter "Pixelamos," "we," "us," or "our"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms"). If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms.

If you do not agree with any provision of these Terms, you must not access our website or use our services. Your continued use of our services following the posting of changes to these Terms constitutes acceptance of those changes.

These Terms are governed by Colombian law, including the Colombian Commercial Code (Decreto 410 de 1971) and, where applicable, Law 1480 of 2011 (Consumer Statute).

2. Service Description

Pixelamos is an interactive and web development studio based in Bogota, Colombia. We provide professional digital services including, but not limited to:

• Web Design — User interface (UI) design, user experience (UX) research, wireframing, prototyping, visual design, responsive layouts, and design systems
• Web Development — Front-end and back-end development, custom web applications, content management systems (CMS), e-commerce platforms, API integrations, and progressive web apps
• Digital Solutions — Digital strategy consulting, website audits, performance optimization, search engine optimization (SEO), accessibility compliance, hosting setup, and ongoing maintenance and support
• Branding & Identity — Logo design, brand guidelines, and digital brand assets as agreed upon in individual project scopes

The specific scope, deliverables, timeline, and fees for each engagement are defined in a separate project proposal or statement of work ("SOW") agreed upon by both parties. In the event of a conflict between these Terms and a SOW, the SOW shall prevail with respect to that particular engagement.

3. User Accounts and Responsibilities

3.1 Account Creation

Certain services may require you to create an account or provide access credentials to third-party platforms. You are responsible for:

• Providing accurate, current, and complete information during registration or onboarding
• Maintaining the security and confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately at legal@pixelamos.com of any unauthorized use of your account

3.2 Client Responsibilities

To enable us to deliver services effectively, you agree to:

• Designate a primary point of contact with decision-making authority for the project
• Provide all necessary content, assets, brand guidelines, credentials, and information in a timely manner as reasonably requested
• Review deliverables and provide clear, consolidated feedback within the timeframes specified in the SOW
• Obtain and maintain all necessary licenses, permissions, and consents for any content or materials you provide to us
• Ensure that any materials you provide do not infringe on third-party intellectual property rights or violate applicable laws
• Refrain from using our services for any unlawful, fraudulent, or harmful purpose

3.3 Delays Caused by Client

If project progress is delayed due to your failure to provide required materials, feedback, or approvals within the agreed timeframes, we reserve the right to adjust the project timeline accordingly. Delays exceeding thirty (30) calendar days may result in project rescheduling, additional fees, or, at our discretion, termination of the engagement in accordance with Section 13.

4. Project Process

Our standard project workflow consists of the following phases, unless otherwise agreed in the SOW:

4.1 Discovery and Planning

• Initial consultation and requirements gathering
• Research into your industry, audience, and competitors
• Definition of project scope, objectives, deliverables, and milestones
• Creation and approval of a formal project proposal or SOW

4.2 Design

• Wireframing and information architecture
• Visual design concepts and mockups
• Client review and revision rounds as specified in the SOW
• Final design approval before proceeding to development

4.3 Development

• Front-end and/or back-end development based on approved designs
• Integration of content management systems, APIs, or third-party services as required
• Internal quality assurance and testing across browsers and devices
• Client review of the staging or development environment

4.4 Launch and Delivery

• Final client approval and sign-off
• Deployment to production environment
• Post-launch verification and bug fixes
• Handover of documentation, credentials, and training materials as applicable

4.5 Post-Launch Support

• A support period as defined in the SOW (typically 30 days) for addressing bugs or issues arising from the delivered work
• Ongoing maintenance and support are available under separate maintenance agreements

5. Revision Policy

Unless otherwise specified in the SOW:

• Each project phase includes a defined number of revision rounds as stated in the project proposal (typically two rounds per major deliverable)
• A "revision" is defined as a set of changes to an existing deliverable that does not alter the approved project scope or direction
• Requests that constitute new features, significant scope changes, or a departure from the approved design direction will be treated as change requests and may incur additional fees and timeline adjustments
• Revision requests must be submitted in writing (email or project management tool) with clear, specific, and consolidated feedback
• We will provide a reasonable timeframe for each revision round; failure to submit feedback within that timeframe may be treated as approval of the current deliverable
• Additional revision rounds beyond those included in the SOW may be provided at our standard hourly rate, subject to availability

6. Intellectual Property

6.1 Ownership of Deliverables

Upon receipt of full and final payment for a project, the client is granted ownership of the custom work product created specifically for that project, including custom designs, custom code, and original content produced by Pixelamos as specified in the SOW. This transfer of ownership applies exclusively to the final, approved deliverables.

6.2 Pre-Existing Materials and Tools

Pixelamos retains all rights, title, and interest in any pre-existing intellectual property, proprietary tools, frameworks, libraries, code snippets, templates, methodologies, and processes used in the delivery of services ("Pixelamos Tools"). Where Pixelamos Tools are incorporated into a deliverable, we grant the client a non-exclusive, perpetual, royalty-free license to use such tools solely as part of the delivered project.

6.3 Open Source and Third-Party Components

Deliverables may incorporate open source software or third-party components subject to their own license terms (e.g., MIT, Apache 2.0, GPL). We will make reasonable efforts to inform you of significant open source components used. You agree to comply with the applicable license terms for any such components. Pixelamos does not claim ownership of open source or third-party components and is not responsible for changes to their licensing terms.

6.4 Portfolio and Promotional Use

Pixelamos reserves the right to display and reference completed work in our portfolio, case studies, marketing materials, and award submissions, unless a written non-disclosure or confidentiality agreement explicitly restricts such use.

6.5 Client Materials

You retain all rights to any content, trademarks, logos, images, and other materials you provide to us. By providing such materials, you grant Pixelamos a limited, non-exclusive license to use them solely for the purpose of delivering the agreed-upon services.

6.6 Moral Rights

In accordance with Colombian copyright law (Law 23 of 1982 and Decision 351 of the Andean Community), moral rights of authors are inalienable. The original authors retain moral rights over creative works, including the right of attribution and the right to the integrity of the work.

7. Payment Terms

7.1 Quotes and Estimates

• All project quotes and estimates are valid for thirty (30) calendar days from the date of issuance unless otherwise stated
• Quotes are based on the scope defined at the time of the proposal; changes to scope may result in revised pricing
• Estimates for time-and-materials work are provided in good faith but are not guaranteed final amounts

7.2 Pricing and Currency

• All prices are quoted in Colombian Pesos (COP) unless explicitly stated otherwise in the SOW
• Prices do not include applicable taxes (e.g., IVA — Impuesto al Valor Agregado) unless expressly indicated; any applicable taxes will be added to invoices in accordance with Colombian tax law

7.3 Payment Schedule

• A non-refundable deposit (typically 50% of the total project fee) is required before work commences, unless otherwise agreed in the SOW
• Remaining payments are invoiced according to the milestones or schedule defined in the SOW
• For ongoing or retainer-based services, invoices are issued monthly in advance or as specified in the agreement

7.4 Payment Methods

• We accept bank transfers (domestic and international), and other payment methods as communicated at the time of invoicing
• All bank transfer fees or currency conversion charges are the responsibility of the client

7.5 Late Payments

• Payment is due within fifteen (15) calendar days of the invoice date unless otherwise agreed
• Late payments will incur interest at the maximum rate permitted under Colombian law (currently the banking certification rate plus the legal surcharge as established by the Superintendencia Financiera de Colombia)
• We reserve the right to suspend work on any project with outstanding invoices until the balance is settled
• Persistent non-payment may result in termination of the engagement and the pursuit of legal remedies under Colombian law

7.6 Refunds

• The initial deposit is non-refundable as it covers discovery, planning, and resource allocation
• Payments for completed and approved milestones are non-refundable
• In the event of termination by the client, fees for work completed up to the termination date are due and payable

8. Warranties and Disclaimers

8.1 Our Warranties

Pixelamos warrants that:

• Services will be performed in a professional and workmanlike manner consistent with generally accepted industry standards
• Deliverables will substantially conform to the specifications outlined in the approved SOW for a period of thirty (30) days following delivery ("Warranty Period")
• We have the right and authority to enter into these Terms and perform the services
• To the best of our knowledge, custom work product created by us will not infringe on the intellectual property rights of any third party

8.2 Disclaimers

• No Guarantee of Results — We do not guarantee specific business outcomes, revenue increases, search engine rankings, traffic levels, or conversion rates resulting from our services. Digital results depend on numerous factors beyond our control.
• Third-Party Services — We are not responsible for the performance, availability, security, or terms of any third-party platforms, hosting providers, APIs, plugins, or tools integrated into or used alongside our deliverables.
• As-Is for Non-Custom Work — Any templates, starter kits, or non-custom components provided are offered "as is" without additional warranties beyond those stated in this section.
• Except for the express warranties stated above, all services and deliverables are provided "as is" and "as available." To the maximum extent permitted by applicable law, including Law 1480 of 2011, we disclaim all other warranties, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

9. Limitation of Liability

To the maximum extent permitted under Colombian law:

• Aggregate Liability — Pixelamos' total cumulative liability to the client for all claims arising out of or related to these Terms or any SOW shall not exceed the total fees actually paid by the client to Pixelamos for the specific project or engagement giving rise to the claim during the twelve (12) months preceding the claim.
• Exclusion of Consequential Damages — In no event shall Pixelamos be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to loss of profits, revenue, data, business opportunities, goodwill, or anticipated savings, regardless of the cause of action or the theory of liability, even if Pixelamos has been advised of the possibility of such damages.
• Exceptions — The limitations in this section do not apply to liability arising from gross negligence (culpa grave) or willful misconduct (dolo) as defined under Colombian civil law, or to any liability that cannot be excluded or limited under mandatory provisions of Colombian law.
• Time Limitation — Any claim arising under these Terms must be brought within one (1) year of the date the claimant knew or should have known of the circumstances giving rise to the claim, subject to the applicable statute of limitations under Colombian law.

10. Indemnification

10.1 Client Indemnification

You agree to indemnify, defend, and hold harmless Pixelamos, its directors, officers, employees, and contractors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your breach of these Terms or any SOW
• Materials, content, or instructions you provide that infringe on third-party intellectual property rights or violate applicable laws
• Your use of deliverables in a manner not contemplated by the SOW or these Terms
• Any dispute between you and your own clients, customers, or end users related to work performed by Pixelamos

10.2 Pixelamos Indemnification

Pixelamos agrees to indemnify and hold harmless the client from claims by third parties alleging that custom work product created by Pixelamos and delivered as a final deliverable infringes on such third party's intellectual property rights, provided that the client promptly notifies Pixelamos of any such claim and grants Pixelamos reasonable control over the defense and settlement thereof.

11. Confidentiality

11.1 Definition

"Confidential Information" means any non-public information disclosed by either party to the other in connection with the services, whether orally, in writing, or in electronic form, that is designated as confidential or that a reasonable person would understand to be confidential given the nature of the information and the circumstances of disclosure. This includes, but is not limited to, business plans, financial data, technical specifications, proprietary processes, client lists, user data, and trade secrets.

11.2 Obligations

Each party agrees to:

• Use the other party's Confidential Information solely for the purpose of fulfilling obligations under these Terms
• Protect the other party's Confidential Information with at least the same degree of care used to protect its own confidential information, and in no event less than reasonable care
• Not disclose the other party's Confidential Information to any third party without prior written consent, except to employees, contractors, or advisors who have a need to know and are bound by obligations of confidentiality at least as protective as those herein

11.3 Exclusions

Confidential Information does not include information that:

• Is or becomes publicly available through no fault of the receiving party
• Was already known to the receiving party prior to disclosure, as demonstrated by written records
• Is independently developed by the receiving party without use of or reference to the disclosing party's Confidential Information
• Is lawfully received from a third party without restriction on disclosure

11.4 Required Disclosure

A party may disclose Confidential Information if required by law, regulation, or court order, provided that the disclosing party gives the other party prompt written notice (where legally permissible) and cooperates in seeking a protective order or other appropriate remedy.

11.5 Duration

Confidentiality obligations under this section shall survive the termination or expiration of these Terms for a period of three (3) years, or for as long as the information remains a trade secret under applicable law, whichever is longer.

12. Data Protection

We process personal data in accordance with our Privacy Policy and applicable Colombian data protection laws, including Law 1581 of 2012 (Habeas Data) and Decree 1377 of 2013. By engaging our services, you acknowledge and agree to our data processing practices as described in our Privacy Policy.

If the services involve the processing of personal data belonging to your users, customers, or employees, the parties shall enter into a separate data processing agreement as required by applicable law.

13. Termination and Cancellation

13.1 Termination for Convenience

Either party may terminate an engagement by providing thirty (30) calendar days' written notice to the other party, unless a different notice period is specified in the SOW.

13.2 Termination for Cause

Either party may terminate immediately upon written notice if the other party:

• Commits a material breach of these Terms or the applicable SOW and fails to cure such breach within fifteen (15) calendar days of receiving written notice specifying the breach
• Becomes insolvent, files for bankruptcy, or enters liquidation proceedings
• Is unable to perform its obligations due to a Force Majeure event lasting more than sixty (60) consecutive days

13.3 Effects of Termination

Upon termination:

• The client shall pay for all work completed and expenses incurred up to the effective date of termination, calculated on a pro-rata basis relative to the total project scope
• Pixelamos will deliver all completed and in-progress work product for which payment has been received
• Each party shall return or destroy the other party's Confidential Information within thirty (30) days of termination, upon written request
• Intellectual property rights in fully paid deliverables shall transfer as described in Section 6
• Unpaid deliverables remain the property of Pixelamos until payment is received

13.4 Survival

The following sections survive termination or expiration of these Terms: Intellectual Property (Section 6), Payment Terms (Section 7, for outstanding amounts), Warranties and Disclaimers (Section 8), Limitation of Liability (Section 9), Indemnification (Section 10), Confidentiality (Section 11), Data Protection (Section 12), and Governing Law and Dispute Resolution (Section 15).

14. Force Majeure

Neither party shall be liable for any failure or delay in performing its obligations under these Terms to the extent that such failure or delay results from causes beyond the party's reasonable control, including but not limited to: natural disasters, epidemics or pandemics, acts of government or regulatory authorities, war or armed conflict, terrorism, civil unrest, labor strikes or disputes, power or telecommunications failures, cyberattacks, or interruptions to internet infrastructure.

The affected party must notify the other party in writing within five (5) business days of becoming aware of the Force Majeure event, describe the expected impact and duration, and use commercially reasonable efforts to mitigate the effects.

15. Governing Law and Dispute Resolution

15.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of Colombia, including the Colombian Commercial Code (Decreto 410 de 1971), the Colombian Civil Code, and applicable consumer protection legislation (Law 1480 of 2011).

15.2 Dispute Resolution

The parties agree to attempt to resolve any dispute arising out of or relating to these Terms through good-faith negotiation for a period of at least thirty (30) calendar days. If the dispute cannot be resolved through negotiation, either party may submit the dispute to the competent courts of Bogota D.C., Colombia, which shall have exclusive jurisdiction.

15.3 Waiver of Class Actions

To the extent permitted by Colombian law, any dispute shall be resolved on an individual basis. The parties waive any right to participate in a class action, collective action, or representative proceeding.

16. Changes to These Terms

We reserve the right to modify or replace these Terms at any time. If a revision is material, we will provide at least thirty (30) calendar days' notice before the new terms take effect, by posting the revised Terms on our website and, for clients with active engagements, by sending notice to the email address on file.

Changes will not apply retroactively to ongoing projects governed by an existing SOW, unless both parties agree in writing. Your continued use of our services after the effective date of the revised Terms constitutes acceptance of the changes.

17. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, shall be severed from these Terms. The remaining provisions shall continue in full force and effect.

18. Entire Agreement

These Terms, together with any applicable SOW, project proposals, and the Privacy Policy, constitute the entire agreement between you and Pixelamos regarding the subject matter hereof and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written.

19. Waiver

The failure of either party to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by the waiving party.

20. Assignment

You may not assign or transfer your rights or obligations under these Terms without the prior written consent of Pixelamos. Pixelamos may assign its rights and obligations under these Terms to an affiliate or in connection with a merger, acquisition, or sale of all or substantially all of its assets, provided that the assignee agrees to be bound by these Terms.

21. Contact Information

If you have any questions, concerns, or notices regarding these Terms of Service, please contact us at:

• Pixelamos S.A.S.
• Email: legal@pixelamos.com
• Website: https://pixelamos.co
• Location: Bogota D.C., Colombia

For formal legal notices, please send correspondence via email to legal@pixelamos.com with the subject line "Legal Notice" or by certified mail to our registered business address.