Terms of Use

Last Updated: March 3, 2026

1. Introduction

These Terms of Use ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Haviland Software LLC, doing business as PixelFuel ("PixelFuel," "Company," "we," "us," or "our"). By accessing or using our website at pixelfuel.io (the "Site"), any of our web-based tools (including the AI Scope Analyzer), or engaging us for design and development consulting services (collectively, the "Services"), you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

If you do not agree to these Terms, you must not access or use the Services. We reserve the right to refuse service to anyone for any reason at any time.

2. Eligibility

You must be at least 18 years of age, or the age of legal majority in your jurisdiction, to use the Services. By using the Services you represent and warrant that:

  • You have the legal capacity and authority to enter into a binding agreement
  • You are not barred from using the Services under applicable law
  • If you are using the Services on behalf of an organization, you have the authority to bind that organization to these Terms

3. Accounts & Sessions

Certain features of the Services may require you to provide an email address or other identifying information. When you provide this information:

  • You agree to provide accurate, current, and complete information
  • You are responsible for all activity that occurs under your session or email address
  • You agree to notify us immediately of any unauthorized use of your information or any other breach of security
  • We are not liable for any loss or damage arising from your failure to protect your session information

4. Intellectual Property & Ownership

The Services, including but not limited to the Site, its design, text, graphics, logos, icons, images, code, AI models, analysis algorithms, and all related intellectual property rights, are the sole and exclusive property of the Company or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

Nothing in these Terms grants you any right, title, or interest in the Services or our intellectual property except for the limited license set forth in Section 5.

5. License to Use

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your personal or internal business purposes. This license does not include the right to: (a) modify, copy, or create derivative works of the Services; (b) reverse engineer, decompile, or disassemble any aspect of the Services; (c) rent, lease, lend, sell, sublicense, or distribute the Services to any third party; (d) remove, alter, or obscure any proprietary notices on the Services; or (e) use the Services to build a competing product or service.

6. Acceptable Use

You agree not to use the Services to:

  • Violate any applicable local, state, national, or international law or regulation
  • Upload, submit, or transmit any content that is unlawful, defamatory, obscene, fraudulent, or that infringes on the intellectual property rights of any third party
  • Upload or transmit viruses, malware, or any other malicious code
  • Attempt to gain unauthorized access to the Services, other users' data, or any systems or networks connected to the Services
  • Use automated scripts, bots, scrapers, or other automated means to access the Services or extract data without our prior written consent
  • Interfere with or disrupt the integrity or performance of the Services, including imposing an unreasonable load on our infrastructure
  • Impersonate any person or entity, or falsely state or misrepresent your affiliation with a person or entity
  • Use the Services to upload or analyze content that contains confidential or proprietary information of third parties without proper authorization
  • Use the AI-generated analysis in a manner that is misleading, deceptive, or harmful to others
  • Circumvent, disable, or otherwise interfere with any security-related features of the Services

We reserve the right to investigate and take appropriate action against any violation of this section, including without limitation removing content, suspending or terminating your access to the Services, and reporting you to law enforcement authorities.

7. User Content

7.1 Ownership

You retain all intellectual property rights in the content you submit to the Services ("User Content"), including documents uploaded for AI analysis, pasted text, and any other materials you provide. We do not claim ownership of your User Content.

7.2 License to PixelFuel

By submitting User Content to the Services, you grant PixelFuel a limited, non-exclusive, royalty-free license to use, process, and transmit the User Content solely as necessary to provide the Services to you (e.g., sending your document to our AI provider for analysis and displaying results back to you). This license terminates when you delete your content or when we no longer need to retain it to provide the Services.

7.3 License for Opted-In Content (Model Training)

When you use our AI-powered tools and explicitly consent to document storage, you grant PixelFuel an additional non-exclusive, royalty-free, worldwide license to store, reproduce, analyze, and use the submitted content solely for the purpose of training and improving our own AI analysis models and tools. This license:

  • Applies only to content for which you have given explicit, informed consent through the opt-in prompt presented before each analysis
  • Does not transfer ownership of your content
  • Does not permit us to share your content with third parties for their own purposes
  • Does not permit us to publicly display, publish, or distribute your content
  • May be withdrawn at any time by contacting us at hello@pixelfuel.co, at which point we will delete your stored content and cease using it for model training

7.4 Your Representations

By submitting User Content, you represent and warrant that: (a) you own the content or have all necessary rights, licenses, and permissions to submit it; (b) the content does not infringe on the intellectual property, privacy, or other rights of any third party; (c) you have obtained any required authorizations to share the content with us and our AI providers; and (d) the content does not violate any applicable law or regulation.

8. Portfolio & Completed Work

For consulting engagements, we may showcase completed work in our portfolio with your permission or using only publicly available information. This does not apply to documents submitted through the AI Scope Analyzer, which are governed by Section 7 above.

9. AI-Powered Services

We offer AI-powered tools and services, including our Scope Analyzer, that use artificial intelligence to analyze content you provide. By using these AI-powered features, you acknowledge and agree to the following:

9.1 AI-Generated Content

  • Analysis results, scores, recommendations, and assessments are generated by artificial intelligence and are provided for informational purposes only
  • AI-generated analysis does not constitute professional advice, including but not limited to legal, financial, business, or technical advice
  • All AI assessments of project scope, pricing, risk factors, and recommendations should be independently verified by qualified professionals before making any decisions
  • PixelFuel does not guarantee the accuracy, completeness, or reliability of any AI-generated content

9.2 AI Accuracy Disclaimer

  • Artificial intelligence may produce errors, inaccuracies, incomplete analysis, or miss important factors in your content
  • Scope analysis scores, risk ratings, pricing assessments, and other numerical evaluations are estimates only and should not be relied upon as definitive conclusions
  • AI systems may not account for context, nuance, or circumstances specific to your situation
  • Results should be validated by qualified professionals before making business, financial, or contractual decisions
  • WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, WITH RESPECT TO AI-GENERATED ANALYSIS AND RECOMMENDATIONS

9.3 Limitation of Liability for AI Analysis

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PIXELFUEL AND ITS AFFILIATES SHALL NOT BE LIABLE FOR:

  • Any damages arising from reliance on AI-generated analysis without independent professional verification
  • Business decisions, contract negotiations, or financial transactions made based on AI-generated scores, recommendations, or assessments
  • Errors in risk assessment, pricing analysis, project evaluation, or scope recommendations
  • Missed red flags, incorrect complexity ratings, incomplete gap analysis, or other oversights in AI analysis
  • Any direct, indirect, incidental, special, consequential, or punitive damages arising from use of AI-powered services

9.4 User Responsibility

  • You are solely responsible for verifying all AI-generated analysis with qualified professionals appropriate to your industry and situation
  • You agree not to rely solely on automated analysis for critical business, legal, or financial decisions
  • If you share AI-generated analysis with clients, stakeholders, or third parties, you are responsible for ensuring its accuracy and appropriateness for your specific use case
  • You acknowledge that AI analysis is a starting point for evaluation, not a substitute for professional judgment

10. Third-Party Services & Links

The Services may integrate with or contain links to third-party websites, services, or content that are not owned or controlled by PixelFuel. This includes, but is not limited to, our use of Anthropic (Claude AI) for AI analysis processing. We are not responsible for:

  • The content, privacy policies, or practices of any third-party websites or services
  • Any damage or loss caused by your reliance on or use of any third-party content, goods, or services
  • The availability, accuracy, or reliability of third-party services

Your use of third-party services is at your own risk and subject to the terms and conditions of those third parties. We strongly advise you to read the terms of service and privacy policies of any third-party services you access.

11. Payment Terms

For consulting engagements and paid services:

  • We accept checks, money orders, and direct deposits as forms of payment
  • Invoices are due upon receipt with a 30-day grace period unless otherwise agreed in writing
  • Late payments may incur a fee of 5% per month on the outstanding balance
  • For recurring or monthly services, automatic payment is required 15 days prior to the billing date
  • All fees are non-refundable unless otherwise specified in a separate written agreement
  • You are responsible for all applicable taxes related to your use of the Services

12. Confidentiality

"Confidential Information" means any non-public information disclosed by either party to the other, whether orally, in writing, or through the Services, 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, project requirements, technical specifications, pricing information, and any content submitted through our AI analysis tools.

Each party agrees to: (a) maintain the confidentiality of the other party's Confidential Information using at least the same degree of care it uses to protect its own confidential information, and no less than reasonable care; (b) not disclose Confidential Information to any third party except as necessary to provide or receive the Services; and (c) not use Confidential Information for any purpose other than fulfilling obligations under these Terms.

Confidential Information does not include information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was rightfully known to the receiving party prior to disclosure; (c) is rightfully received from a third party without obligation of confidentiality; or (d) is required to be disclosed by law, provided the receiving party gives reasonable notice to the disclosing party.

13. Data Privacy

Your personal data is collected, used, and protected in accordance with our Privacy Policy, which is incorporated into these Terms by reference. By using the Services, you consent to the collection and use of your information as described in the Privacy Policy. Please review the Privacy Policy carefully to understand our practices regarding your personal data.

14. Copyright Infringement & DMCA

We respect the intellectual property rights of others. If you believe that any content on or available through the Services infringes your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our designated agent with the following information in writing:

  • A physical or electronic signature of the copyright owner or a person authorized to act on their behalf
  • Identification of the copyrighted work claimed to have been infringed
  • Identification of the material that is claimed to be infringing and its location on the Services
  • Your contact information, including address, telephone number, and email address
  • A statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law
  • A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner

DMCA Designated Agent:

Haviland Software LLC (dba PixelFuel)

Email: hello@pixelfuel.co

Upon receipt of a valid DMCA notification, we will respond expeditiously to remove or disable access to the allegedly infringing material. We may also notify the user who posted the content so they may submit a counter-notification if they believe the removal was in error. Repeat infringers may have their access to the Services terminated.

15. Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PIXELFUEL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, PIXELFUEL DOES NOT WARRANT THAT: (a) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (b) THE RESULTS OBTAINED FROM THE USE OF THE SERVICES (INCLUDING AI-GENERATED ANALYSIS) WILL BE ACCURATE, RELIABLE, OR COMPLETE; (c) THE QUALITY OF THE SERVICES WILL MEET YOUR EXPECTATIONS; OR (d) ANY ERRORS IN THE SERVICES WILL BE CORRECTED.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR WARRANTIES ARE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PIXELFUEL, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, BUSINESS OPPORTUNITIES, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

  • (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES;
  • (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES;
  • (iii) ANY CONTENT OBTAINED FROM THE SERVICES, INCLUDING AI-GENERATED ANALYSIS, RECOMMENDATIONS, OR ASSESSMENTS;
  • (iv) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT;
  • (v) ANY BUGS, VIRUSES, OR OTHER HARMFUL CODE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY; OR
  • (vi) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PIXELFUEL'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF: (a) THE AMOUNTS YOU HAVE PAID TO PIXELFUEL IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (b) ONE HUNDRED U.S. DOLLARS ($100.00).

THE LIMITATIONS OF THIS SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND REGARDLESS OF WHETHER PIXELFUEL HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

17. Indemnification

You agree to defend, indemnify, and hold harmless PixelFuel, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to reasonable attorney's fees) arising from or related to:

  • Your use of and access to the Services
  • Your violation of any provision of these Terms
  • Your violation of any third-party right, including any intellectual property, privacy, or proprietary right
  • Any User Content you submit to the Services, including claims that it infringes the rights of a third party
  • Any claim that your use of the Services caused damage to a third party
  • Your misuse of AI-generated analysis, including sharing it in a misleading manner or relying on it without professional verification

This indemnification obligation will survive the termination of these Terms and your use of the Services.

18. Service Availability

We strive to maintain the availability of the Services but do not guarantee uninterrupted access. The Services may be subject to scheduled or unscheduled maintenance, upgrades, or outages. We reserve the right to modify, suspend, or discontinue any part of the Services at any time, with or without notice, and without liability to you. We are not responsible for any loss or inconvenience caused by service downtime, whether planned or unplanned.

19. Termination

We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms. You may discontinue your use of the Services at any time.

Upon termination:

  • Your license to use the Services will immediately cease
  • We may delete any data associated with your use of the Services after 30 days
  • You may request deletion of your data by contacting us prior to the 30-day period

Survival: Sections relating to Intellectual Property & Ownership, User Content, Disclaimer of Warranties, Limitation of Liability, Indemnification, Confidentiality, Governing Law, Dispute Resolution, and any other provisions that by their nature should survive termination shall survive the expiration or termination of these Terms.

20. Force Majeure

PixelFuel shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from circumstances beyond our reasonable control, including but not limited to: acts of God, natural disasters, pandemic, epidemic, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, shortages of transportation, fuel, energy, labor, or materials, failure of third-party services or infrastructure (including AI providers, cloud hosting, or internet service providers), cyberattacks, or government actions.

21. Modifications to Terms

We reserve the right to modify these Terms at any time at our sole discretion. When we make changes, we will update the "Last Updated" date at the top of this page. For material changes that significantly affect your rights or obligations, we will make reasonable efforts to notify you, such as by posting a prominent notice on the Site or sending an email to the address associated with your use of the Services.

Your continued use of the Services after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using the Services.

22. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of New Jersey, United States, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located in the State of New Jersey for any disputes not subject to the arbitration provision below.

23. Dispute Resolution

Any dispute, controversy, or claim arising out of or relating to these Terms or the breach, termination, or validity thereof shall be resolved as follows:

Informal Resolution: Before filing any formal dispute, you agree to first contact us at hello@pixelfuel.co and attempt to resolve the dispute informally for at least 30 days.

Binding Arbitration: If the dispute cannot be resolved informally, it shall be finally resolved by binding arbitration in the State of New Jersey under the rules of the American Arbitration Association. The arbitration shall be conducted in English, and the arbitrator's decision shall be final and binding. Judgment on the award may be entered in any court having jurisdiction.

Class Action Waiver: YOU AND PIXELFUEL AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Exceptions: Notwithstanding the foregoing, either party may seek injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property rights or confidential information.

24. General Provisions

24.1 Entire Agreement

These Terms, together with the Privacy Policy and any other agreements or policies referenced herein, constitute the entire agreement between you and PixelFuel with respect to the Services and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, whether written or oral, regarding the Services.

24.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the parties' original intent.

24.3 Waiver

The failure of PixelFuel 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 PixelFuel.

24.4 Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt to assign without consent shall be null and void. PixelFuel may assign or transfer these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets.

24.5 Notices

Any notices to PixelFuel must be sent to hello@pixelfuel.co and are deemed given when received. Notices to you may be sent to the email address associated with your use of the Services and are deemed given when sent.

25. Contact Us

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

Haviland Software LLC (dba PixelFuel)

Email: hello@pixelfuel.co