Terms of Service

1. Agreement to Terms

By accessing or using the Pixsa platform at pixsa.co.za (the “Platform”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree, do not use the Platform.

These Terms apply to all users of the Platform, including photographers (account holders) and clients (gallery visitors).

Acceptance of these Terms is recorded electronically at signup, including the version, timestamp, and IP address, in accordance with section 11 of the Electronic Communications and Transactions Act, 2002 (ECTA).

2. Definitions

• “Photographer” — A registered user who creates galleries, uploads photos, and sells digital or physical products through the Platform.
• “Client” — A person who accesses a gallery via a shared link, views photos, and may purchase products.
• “Gallery” — A collection of photos created by a Photographer and shared with Clients via a unique URL.
• “Content” — Any photos, images, text, or other materials uploaded to the Platform.

3. Account Registration

To use the Platform as a Photographer, you must create an account with a valid email address and password. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.

You must be at least 18 years old to create an account. By registering, you confirm that the information you provide is accurate and complete.

4. Subscription Plans and Billing

Pixsa offers Free, Starter, Amateur and Enterprise subscription plans. The Free plan cannot be used to sell. Pixsa takes no commission on sales on any plan. Paid plans are billed monthly or annually, in advance, in South African Rands (ZAR). By subscribing to a paid plan, you authorise us to charge your chosen payment method on a recurring basis.

You may upgrade, downgrade, or cancel your subscription at any time. Cancellation takes effect at the end of the current billing period. No refunds are provided for the unused part of a billing period.

Founder pricing is locked in for as long as your subscription remains active. If you cancel and later re-subscribe, you may be charged the then-current price.

Pixsa is not currently a registered VAT vendor; prices shown are the full amount payable and no VAT is added. Should Pixsa register for VAT, prices will be shown inclusive of VAT and you will be notified before the change applies.

5. Photographer Responsibilities

As a Photographer, you agree to:

• Only upload content that you own or have the legal right to distribute
• Not upload content that is illegal, harmful, abusive, or violates any third-party rights
• Set accurate prices for your products
• Fulfil any physical product orders (prints, canvas) in a timely manner, or use a third-party fulfilment service
• Handle client data collected through your galleries in compliance with POPIA and other applicable laws. For the personal information of your clients and of people who appear in your photos, you are the Responsible Party and Pixsa is the Operator acting on your instructions; you must have a lawful basis (and, where needed, consent) for that information
• Keep your own copies of your photos. Pixsa is a delivery and selling platform, not an archive: we take reasonable care to store and back up files, but we do not guarantee against loss or corruption and are not liable for it
• Not use the Platform for any unlawful purpose

6. Client Responsibilities

As a Client, you agree to:

• Provide accurate personal information when accessing a gallery
• Not share gallery passwords or download links with unauthorised parties
• Not reproduce, distribute, or commercially use any photos without the Photographer’s written permission
• Not attempt to bypass payment or access restrictions on the Platform

7. Payments

All payments between Clients and Photographers are processed by PayFast (Pty) Ltd. Pixsa does not process or store payment card information. By making a purchase, you agree to PayFast’s terms and conditions.

Pixsa does not take a commission on sales between Photographers and Clients. Photographers receive payments directly into their PayFast merchant accounts.

Refund requests for photo purchases must be directed to the Photographer. Pixsa is not responsible for refunds on transactions between Photographers and Clients.

Digital Downloads — No Refund Policy. Photo downloads are digital goods delivered instantly. Once a payment has been completed and a download link has been generated for any item in an order, that purchase is final and non-refundable. This applies whether or not the Client subsequently downloads the file. This policy is industry-standard for digital goods and is binding once you confirm the “I agree” checkbox at checkout.

Chargebacks. If a Client initiates a chargeback with their bank, PayFast will reverse the transaction and debit the Photographer’s merchant account regardless of this refund policy, as is standard in the payments industry. The Photographer may rely on the download audit log (IP address, timestamp, session) retained by Pixsa as evidence in any chargeback dispute.

8. Intellectual Property

Photographers retain full ownership of all photos and content they upload to the Platform. By uploading content, you grant Pixsa a limited, non-exclusive licence to store, display, and distribute your content solely for the purpose of operating the Platform (e.g. generating watermarked previews, displaying galleries to clients).

The Pixsa name, logo, and platform design are the property of Pixsa. You may not use our branding without written permission, except as provided through the Platform’s white-label features.

9. Content and Takedown

We reserve the right to remove any content that violates these Terms or applicable law, without prior notice. If you believe content on the Platform infringes your rights, contact us at the details below.

10. Limitation of Liability

The Platform is provided “as is” without warranties of any kind. To the maximum extent permitted by South African law:

• Pixsa is not liable for any indirect, incidental, or consequential damages arising from your use of the Platform
• Pixsa is not responsible for disputes between Photographers and Clients
• Pixsa is not liable for PayFast downtime or payment processing failures
• Pixsa is not liable for loss of, or damage to, Content, or for loss of profits, goodwill or business, however arising
• Our total liability for any claim shall not exceed the amount you paid to Pixsa in the 12 months preceding the claim

11. Termination

We may suspend or terminate your account at any time if you violate these Terms. Upon termination, your right to use the Platform ceases immediately. We will make reasonable efforts to allow you to download your content before deletion, unless termination is due to illegal activity.

You may close your account at any time from Settings. After closure your galleries stop working immediately and your Content and account data are deleted within 30 days, except for order and payment records we must keep by law (see the Privacy Policy). Clauses on payments, intellectual property, liability, indemnity and governing law survive termination.

12. Indemnity

You agree to indemnify and hold harmless Pixsa, its owner, staff and contractors against any claim, loss, cost or expense (including reasonable legal costs) arising from your Content, your use of the Platform, your breach of these Terms, or any dispute between you and your Clients or the people who appear in your photos.

13. Force Majeure

Pixsa is not liable for any delay or failure caused by events beyond our reasonable control, including load-shedding and power failures, internet or network outages, failures of third-party services (such as PayFast, our hosting or email providers), cyber-attacks, strikes, or acts of government.

14. Governing Law

These Terms are governed by the laws of the Republic of South Africa. Any disputes arising from these Terms shall be subject to the jurisdiction of the South African courts.

15. Changes to These Terms

We may update these Terms from time to time. We will notify registered users of material changes via email at least 14 days before they take effect, and the version date at the top of this page changes. Continued use of the Platform after changes constitutes acceptance of the updated Terms.

16. Information Required Under ECTA Section 43

In accordance with section 43 of the Electronic Communications and Transactions Act:

• Provider name: Luke van Tonder, a sole proprietor trading as Pixsa
• Place of business: Republic of South Africa
• Contact: support@pixsa.co.za
• Description of goods/services: Software-as-a-service platform for professional photographers, including gallery hosting, client checkout, payment processing integration, and Studio features.
• Pricing: Available at pixsa.co.za/pricing; quoted in South African Rands; no VAT is added (see section 4).
• Payment terms: Monthly or annual subscription billed in advance; per-transaction processing for client purchases.
• Cooling-off: Section 44 of ECTA provides a 7-day cooling-off period for consumer electronic transactions, but expressly excludes (a) digital goods that have been opened/downloaded and (b) services that began with the consumer’s consent before the period expired. Subscription fees are non-refundable for the unused part of a billing period once the period has commenced.
• Dispute resolution: Refer to section 14 (Governing Law). Consumer disputes may also be referred to the National Consumer Commission.

17. General

These Terms, the plan details on the pricing page and the Privacy Policy are the entire agreement between you and Pixsa. If any clause is found unenforceable, the rest remain in force. A failure to enforce a clause is not a waiver of it. You may not transfer your account or these Terms to anyone else without our written consent; Pixsa may transfer them to a successor in a sale or restructuring of the business, and will notify you if so. Notices to you are sent to the email address on your account or shown in the dashboard.

18. Contact Us

If you have questions about these Terms, contact us at:

Pixsa
Email: legal@pixsa.co.za