Last Updated: October 5, 2026
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 any of 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.
"Services" means all of the following, together and individually:
Where you and PixelFuel sign a separate written agreement for a paid engagement, that agreement governs the engagement, and these Terms apply to anything that agreement does not cover.
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 lawful reason at any time.
You must be at least 18 years of age and have reached the age of legal majority where you live to use the Services. By using the Services you represent and warrant that:
Certain features of the Services may require you to provide an email address or other identifying information. When you provide this information:
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.
Spark Deliverables: Once you have paid the Spark fee, we assign to you all of our rights in the written plan and other materials we prepare specifically for you during your Spark (the "Spark Deliverables"), including parts drafted with the AI assistant. You may use, copy, change, and share them for any purpose, including with another developer. We keep ownership of the Services themselves and of our pre-existing and general tools, templates, frameworks, and know-how. We may reuse general know-how, but not your Confidential Information. If we refund your Spark fee in full, this assignment does not apply.
Nothing in these Terms grants you any right, title, or interest in the Services or our intellectual property except for the Spark Deliverables described above and the limited license set forth in Section 5.
Except for Spark Deliverables under Section 4, and 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.
You agree not to use the Services to:
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.
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.
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.
When you use the AI Scope Analyzer 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:
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.
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.
Several parts of the Services use artificial intelligence to process content you provide and generate responses. These include:
These features send your content to our AI provider, Anthropic, to generate results. By using any AI-powered feature, you acknowledge and agree to the following:
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PIXELFUEL AND ITS AFFILIATES SHALL NOT BE LIABLE FOR:
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) to power our AI features and Stripe to process online card payments. We are not responsible for:
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.
For consulting engagements and paid services:
Refunds, cancellation, and credits for any other paid service are governed by the written agreement for that engagement.
"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 or, for a client introduced through the Referral Program, whether they contacted us, the fact that they became a client and the referral fee earned, shared with the referring partner (the referral fee is a fixed percentage of what we collect, so it shows approximately what the client paid; we do not share the client's invoices or exact payment amounts, except where needed to resolve a dispute about that fee, and the partner must keep all of this confidential); and (c) not use Confidential Information for any purpose other than fulfilling obligations under these Terms, except that PixelFuel may use content you have opted in under Section 7.3 as that section describes.
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.
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.
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:
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.
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.
THE EXCLUSIONS IN THIS SECTION APPLY ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING NEW JERSEY LAW. NOTHING IN THESE TERMS EXCLUDES OR LIMITS ANY WARRANTY OR RIGHT THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING NEW JERSEY LAW. IF A WARRANTY CANNOT BE EXCLUDED, IT IS LIMITED TO THE SHORTEST DURATION AND NARROWEST SCOPE THE LAW ALLOWS.
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:
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). This cap does not apply to (a) refunds we owe you, or the Spark credit we owe you, under Section 11.1, or (b) referral fees earned or owed under the Referral Program's additional terms (Section 24). The cap never reduces those amounts.
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. THE LIMITATIONS IN THIS SECTION, AND IN SECTION 9.3, APPLY ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING NEW JERSEY LAW. NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING LIABILITY FOR FRAUD, OR ANY RIGHT YOU HAVE THAT CANNOT BE WAIVED BY LAW.
You agree to defend, indemnify, and hold harmless PixelFuel, its affiliates, officers, directors, employees, agents, and licensors from and against any claim, demand, or proceeding brought by a third party, and the resulting damages, losses, liabilities, costs, and expenses (including reasonable attorney's fees), to the extent arising from or related to:
You are not responsible under this section for claims caused by PixelFuel's own negligence, wilful misconduct, or breach of these Terms.
This indemnification obligation will survive the termination of these Terms and your use of the Services.
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, subject to Section 11.1, without liability to you. Except to the extent caused by our negligence or wilful misconduct, and subject to Section 16, we are not responsible for any loss or inconvenience caused by service downtime, whether planned or unplanned.
We may terminate or suspend your access to the Services immediately, without prior notice or liability (subject to Section 11.1), for any lawful reason, including without limitation if you breach these Terms. You may discontinue your use of the Services at any time.
Upon termination:
Survival: Sections relating to Intellectual Property & Ownership, User Content, Payment Terms (for amounts owed, refunds due, and the Spark credit for a build signed within its window), Additional Terms (for any referral fee already earned or still accruing), 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.
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.
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 revised Terms are posted (as shown by the updated "Last Updated" date) constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using the Services. Changes apply only going forward. They do not apply to any claim or dispute that arose before the change takes effect; the Terms in effect when it arose apply to it. For a Spark or other paid service without a separate written agreement, the Terms in effect when you paid apply to that purchase unless you agree otherwise. Changes do not affect the refund or credit terms of a Spark you have already paid for, or any fee already earned under additional terms.
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. Any dispute that is not resolved informally under Section 23 will be heard exclusively in the state or federal courts located in the State of New Jersey, and you and PixelFuel each agree to the personal jurisdiction of those courts.
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 starting a lawsuit or other legal claim against us, you agree to first contact us at hello@pixelfuel.co and attempt to resolve the dispute informally for at least 30 days. We will do the same before bringing a claim against you. The 30 days start when the other party receives a written notice by email describing the dispute and what you want. A notice sent by email is treated as received on the next business day after it is sent, unless the sender gets a bounce or other delivery failure. Time limits for bringing a claim are paused during those 30 days. This step does not limit your right to dispute a charge with your card issuer or payment provider, or to contact or file a complaint with any government agency.
Courts: If the dispute is not resolved within 30 days, either party may bring it in the state or federal courts located in the State of New Jersey, as set out in Section 22.
Exceptions: Notwithstanding the foregoing, either party may ask the state or federal courts located in New Jersey for an injunction or other urgent relief, without first completing the informal resolution step, to protect its intellectual property or confidential information.
Some features and programs, for example invite-only programs such as the Referral Program, have additional terms that you must accept, for example by clicking to accept, before you take part. We record the date and the version you accepted, and the IP address and browser used. Changes to those additional terms take effect only when you accept the new version, unless those terms say otherwise. Those additional terms form part of these Terms for that feature or program. If they conflict with these Terms, the additional terms prevail, but only for that feature or program.
These Terms, together with the Privacy Policy, any additional terms under Section 24, any separate written agreement for a paid engagement, 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. If these documents conflict, this order applies: (1) a separate signed written agreement, (2) additional terms under Section 24, (3) these Terms, (4) the Privacy Policy.
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.
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.
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.
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, except that a dispute notice under Section 23 takes effect when received.
If you have questions about these Terms, please contact us at:
Haviland Software LLC (dba PixelFuel)
Email: hello@pixelfuel.co