Terms & Conditions

1. Acceptance of Terms

By engaging Pikcell's services, accessing our website at pikcell.com, emailing us at hello@pikcell.agency, or entering into any project agreement with us, you confirm that you have read, understood, and agree to be bound by these Terms & Conditions. These terms apply to all clients, visitors, and users of our services. If you do not agree to any part of these terms, please do not use our services or website.

If a signed proposal, statement of work, master services agreement, or other written project agreement includes terms that conflict with these Terms & Conditions, the signed project agreement will control for that specific engagement. These terms may be updated periodically. Continued use of our services following any changes constitutes your acceptance of the revised terms. We will make reasonable efforts to notify active clients of material changes.

2. Services

Pikcell provides creative design and development services including, but not limited to: brand identity design, landing page design, product design, pitch deck creation, launch video production, and custom AI agent development.

The specific scope of services for each engagement is defined in the project proposal or statement of work ("SOW") agreed upon before work commences. Any work outside the defined scope is subject to additional charges and must be agreed upon in writing. Pikcell reserves the right to decline any project request at its discretion without obligation to provide a reason.

3. Payment Terms

All quoted prices are in USD unless otherwise stated. A non-refundable deposit of 50% of the total project fee is required before work begins. The remaining balance is due upon project completion, prior to the delivery of final files, source files, credentials, transfer of ownership, or deployment.

For monthly retainer services, payment is due on the first business day of each billing cycle. Invoices not paid within 7 days of the due date may incur a late fee of 2% per month on the outstanding balance, or the maximum amount permitted by law if lower. Pikcell reserves the right to pause or terminate active work on any project where payment obligations have not been met.

All prices are exclusive of taxes, duties, bank charges, currency conversion fees, and payment processor fees unless expressly stated otherwise. The client is responsible for any applicable taxes and for keeping payment information current. Chargebacks, reversed payments, or disputed payments may result in immediate suspension of work until the matter is resolved.

4. Revisions & Scope Changes

Each service package includes a defined number of revision rounds as specified in the project proposal. A revision round consists of a consolidated set of feedback addressed in a single pass. Multiple individual requests submitted outside a single feedback session may be counted as separate revision rounds.

Revisions are defined as reasonable refinements within the agreed-upon creative direction. Requests that represent a change in direction, new features, additional pages, new formats, new deliverables, or additions beyond the original scope will be quoted separately. Pikcell will notify you in writing before proceeding with any out-of-scope work. Rush requests (work required within 24-48 hours outside the scheduled timeline) may be subject to a 30% surcharge.

If client feedback, content, approvals, or required assets are delayed, project timelines will move accordingly. Projects inactive for more than 30 days because of missing client input may be paused, re-scoped, or subject to a restart fee before work resumes.

5. Intellectual Property & Ownership

Upon receipt of full payment, Pikcell transfers ownership of the final approved deliverables produced specifically for your project, subject to any third-party license terms and the exclusions below. This may include final design files, final source code, and final project assets identified in the applicable proposal or SOW.

Pikcell retains ownership of all pre-existing materials, internal processes, know-how, methodologies, templates, reusable components, frameworks, development tools, non-client-specific code, drafts, rejected concepts, unused directions, and any materials not expressly included in the final approved deliverables. Where those materials are embedded in a final deliverable, Pikcell grants the client a non-exclusive, worldwide, royalty-free license to use them as part of that deliverable.

Third-party assets, including stock imagery, fonts, icons, plugins, open-source software, licensed software, hosting platforms, and external APIs, remain subject to their respective license terms. Unless otherwise agreed in writing, the client is responsible for purchasing, maintaining, and complying with any required third-party licenses.

Pikcell retains the right to display completed work in our portfolio, on our website, in case studies, on social media, in award submissions, and in marketing materials unless the client requests confidentiality in writing before project commencement or the parties sign a separate confidentiality agreement.

6. Confidentiality

Pikcell treats all client information, project details, business strategies, and proprietary materials shared with us as strictly confidential. We will not disclose your confidential information to third parties without your prior written consent, except as required by law.

Clients are similarly expected to keep any proprietary processes, methodologies, or internal Pikcell materials shared during the engagement confidential. Both parties agree to use confidential information solely for the purposes of the engagement. This obligation survives the termination of the service relationship.

7. Client Responsibilities

A successful project requires timely participation from the client. You agree to provide all necessary content, branding assets, copy, and approvals within the timelines outlined in the project plan. Delays caused by late feedback or missing materials may result in revised delivery timelines and, in some cases, additional fees.

You are responsible for reviewing deliverables carefully, testing them in your intended environment where applicable, and notifying Pikcell of any issues within the review period stated in the project plan. Approval of a deliverable means you accept that deliverable as complete, subject only to any agreed warranty or support obligations.

You represent and warrant that all content, logos, images, names, data, credentials, and other materials you provide to Pikcell are accurate, lawful, and either owned by you or provided with the legal right to use them. You agree to indemnify Pikcell against any claims arising from the use of materials, instructions, or approvals you have supplied.

8. Third-Party Services

Many digital projects depend on third-party platforms, hosting providers, payment processors, booking tools, analytics services, domain registrars, email tools, AI providers, app stores, and external APIs. Pikcell is not responsible for outages, policy changes, pricing changes, account suspensions, security incidents, or limitations caused by third-party services.

If a project requires third-party accounts, subscriptions, credentials, approvals, or integrations, the client is responsible for providing access in a timely manner and maintaining those accounts after handoff unless a separate maintenance agreement says otherwise.

9. Prohibited Use

You may not use Pikcell's website, services, deliverables, or communications to request, create, promote, or distribute unlawful, infringing, deceptive, harmful, abusive, or malicious content or activity. Pikcell may refuse or terminate any engagement that we reasonably believe would violate applicable law, third-party rights, platform policies, professional standards, or these terms.

10. Warranties & Support

Pikcell warrants that the services will be performed with reasonable professional care and skill. We do not warrant that our services or deliverables will meet your specific business objectives, achieve particular conversion rates, or produce specific commercial outcomes.

Unless a project agreement states otherwise, post-delivery support, maintenance, monitoring, hosting, backups, security patching, analytics reporting, content updates, and new feature work are not included after handoff. Any implementation issue caused by Pikcell's work must be reported within 14 days after final delivery or launch, whichever comes first. We will assess reported issues in good faith and correct confirmed issues caused by our implementation. Issues caused by third-party updates, hosting environments, client changes, new requirements, unsupported browsers, or post-handoff modifications are outside this limited support window.

We provide no guarantee that websites, AI agents, or digital products we deliver will be free of all bugs, errors, vulnerabilities, downtime, hallucinations, inaccurate outputs, third-party limitations, or future compatibility issues. Any ongoing support is subject to a separate maintenance agreement.

11. Limitation of Liability

To the fullest extent permitted by applicable law, Pikcell shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to loss of revenue, loss of profits, loss of data, reputational harm, loss of goodwill, or business interruption, arising from or in connection with our website, services, or deliverables.

Our total aggregate liability for any claim arising from or relating to a project shall not exceed the total fees paid by you to Pikcell for that specific project during the three months before the event giving rise to the claim. Some jurisdictions do not allow certain exclusions or limitations, so these limitations may not apply to you to the extent prohibited by law.

12. Cancellation Policy

Either party may terminate a project engagement by providing written notice. If the client cancels a project after work has commenced, the initial 50% deposit is non-refundable and covers work completed up to that point. If work completed exceeds the deposit amount, the client will be invoiced for the difference.

Pikcell may terminate an engagement if the client engages in abusive conduct, fails to make payment, or materially breaches these terms. In the event Pikcell terminates due to our own inability to complete a project, we will refund a pro-rated portion of any pre-paid fees for work not yet performed.

13. Force Majeure

Pikcell will not be responsible for delays or failures caused by events outside our reasonable control, including internet outages, platform outages, payment processor failures, cyber incidents, natural events, illness, labor disruptions, government actions, war, civil unrest, or failures by third-party providers. We will make reasonable efforts to communicate delays and resume work as soon as practical.

14. Dispute Resolution

In the event of a dispute arising from these terms or any project engagement, both parties agree to first attempt resolution through good-faith negotiation. If a resolution cannot be reached within 30 days, disputes shall be submitted to binding arbitration in accordance with applicable laws.

The governing law, venue, and dispute forum stated in a signed project agreement will apply to that engagement. If no governing law or venue is stated, the parties agree to resolve disputes in the appropriate courts or dispute forum of the jurisdiction where Pikcell is legally established, unless mandatory consumer protection or data protection law requires otherwise. Nothing in these terms prevents either party from seeking urgent injunctive relief for misuse of intellectual property, confidential information, or unpaid access credentials.

15. Contact

If you have questions about these Terms & Conditions, please reach out before engaging our services. We're always happy to clarify anything.

Email us at hello@pikcell.agency or book a call with us at cal.com/pikcell-agency/15min. We aim to respond to all inquiries within one business day.