term of service

Welcome to Pixellark Solutions! As a valued user of our software services, it's essential for you to understand the terms and conditions outlined in this Privacy Policy. Together with our Terms of Service, this Privacy Policy forms a comprehensive agreement ("Agreement") governing your usage of Pixellark Solutions' software. By accessing or using our website at pixellark.com and any associated software, you ("User", "Customer", "You", or "Your") acknowledge that you have read, understood, and agreed to be bound by this Agreement.

Pixellark Solutions, headquartered in Kurunegala, Ridigama, Sri Lanka, operates the website pixellark.com. Throughout this Privacy Policy, "Pixellark Solutions", "We", "Us", or "Our" refers to Pixellark Solutions and its affiliates.

If you do not agree to be bound by this Agreement, including this Privacy Policy and our Terms of Service, we regret to inform you that you are not authorized to use our software services.

Pixellark Solutions reserves the right to update, modify, or amend this Agreement at any time. We will notify you of any material changes by sending an email to the address associated with your account and by posting a notice on our website at least 30 calendar days before the changes take effect, unless such changes are required to be implemented sooner by law. Your continued use of our website and/or software after the effective date of any modifications constitutes your acceptance of the revised Agreement.

1. Definitions

1.1. Applicable Law

Refers to the laws governing Pixellark Solutions, including but not limited to the General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA), the Brazilian Lei Geral de Proteção de Dados (LGPD), the Laws of Sri Lanka, and any other relevant legislation.

1.2. Confidential Information

Encompasses all information, whether shared orally or in writing, between you (the user) and Pixellark Solutions, which is not intended for public disclosure by its nature or designation.

1.3. Data

Denotes all information provided to Pixellark Solutions by you, including Personal Data and Confidential Information, as well as any publicly available data.

1.4. Intellectual Property Rights

Encompasses copyrights, trademarks, rights to use, and other intellectual and industrial property rights, whether registered or unregistered, existing or future, worldwide.

1.5. Personal Data

Refers to any data that can directly or indirectly identify an individual, such as name, identification number, location data, or online identifiers, in accordance with the definition provided by Applicable Law.

1.6. Software

Represents the software as a service (SaaS) provided by Pixellark Solutions, which includes various analytics and user feedback products described on our website, https://www.pixellark.com/.

1.7. Site/s

Refers to the website https://www.pixellark.com/ and any associated sub-pages.

1.8. Standard Contractual Clauses (SCCs)

Denotes the "Standard Contractual Clauses for the transfer of personal data to third countries pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council" as adopted by the European Commission on 4 June 2021 (Commission Implementing Decision (EU) 2021/914).

1.9. Sub-Processing

Involves the processing of Personal Data on behalf of Pixellark Solutions by a subcontractor (Sub-Processor), excluding ancillary services such as telecommunication and postal/transport services.

1.10. Third Party/ies

Refers to individuals or entities other than you (the user) and Pixellark Solutions.

1.11. Where capitalized terms are utilized in this Privacy Policy without explicit definition, they shall carry the meanings attributed to them in the GDPR or equivalent definitions as per Applicable Law (e.g., Personal Data shall align with the definition of "personal information" as outlined by the CCPA where applicable).

2. Account Registration, Access, and Disclosure

2.1. Account Creation

To utilize the Software, you must create an Account by furnishing Pixellark Solutions with all necessary information and consenting to this Agreement. You agree to provide complete and accurate information during the registration process.

2.2. Representation for Legal Entities

If you use Our Site or Software on behalf of a legal entity (such as your employer or a client), you affirm that you have the authority to legally bind that entity. Should you lose this authority, you must notify Pixellark Solutions, and the legal entity must appoint a new authorized representative. Pixellark Solutions bears no liability if an unauthorized person enters into this Agreement on behalf of a legal entity.

2.3. Access to Account Information

We reserve the right to access your Account, the information you have provided, and the Data you have stored with us for support, maintenance, and security-related purposes or any other technical or billing reasons.

2.4. User Responsibility

Each user of your Account must adhere to this Agreement, and you are accountable for the actions or omissions of users under your Account concerning their use of the Software.

3. Data Processing

3.1. Information Processing

By utilizing Our Software, you may process information that qualifies as Personal Data of your end users and/or other protected information under applicable laws. Pixellark Solutions may process Account Data in line with Our Privacy Policy and your documented instructions. You are solely responsible for the lawfulness of processing such Personal Data of your end users and other protected information, including obtaining any required consent.

3.2. Roles and Responsibilities

You and Pixellark Solutions agree that you are the Controller of Personal Data processed under this Agreement, while Pixellark Solutions acts as the Processor and/or Service Provider and may process Personal Data on your behalf.

3.3. Compliance with Laws

You must comply with all laws applicable to the processing of Personal Data in connection with the use of Our Software. This includes any processing carried out after exporting or downloading Personal Data from the Software for your business purposes.

3.4. Applicable Clauses

If you are located outside the European Union (EU) and the European Economic Area (EEA) and your processing of Personal Data is not subject to the GDPR, the Standard Contractual Clauses (SCCs) shall be incorporated into these Terms of Service.

3.5. UK-Specific Clause

If you are situated in the United Kingdom (UK), the SCCs shall apply together with the UK Addendum to the SCCs, concerning the transfer of Personal Data from the UK, and shall be incorporated into these Terms of Service.

4. Technical and Organizational Measures

4.1. Data Security

Pixellark Solutions implements data security measures in accordance with applicable laws. These measures are designed to ensure an appropriate level of protection considering the risks related to confidentiality, integrity, availability, and resilience of systems. Factors such as the state of the art, implementation costs, and the nature of processing are taken into account.

4.2. Security Measures

We have established various security measures and may implement alternative adequate measures as needed, provided they do not materially reduce the security level.

4.3. Compliance Proof

Upon reasonable request, Pixellark Solutions shall provide you with adequate proof of compliance with its Data Processing obligations under this Agreement.

5. Termination

5.1. Termination Conditions

Either party may terminate this Agreement for cause if the other party materially breaches it and fails to remedy the breach within fifteen (15) calendar days of receiving written notice.

6. Limited Licenses

6.1. Ownership and Usage

All rights, titles, and interests in Pixellark Solutions' Site and/or the Software, including any content and Intellectual Property Rights contained therein, belong exclusively to Pixellark Solutions. Unless explicitly stated otherwise, the Software is for your limited use only. If you copy or download any information from this Site and/or Software, you agree not to remove or obscure any copyright or other notices.

6.2. License Grant

Subject to this Agreement, Pixellark Solutions grants you a limited, revocable, non-exclusive, non-transferable, and non-assignable license to use the Site and/or access the Software as a software as a service (SaaS) solution for commercial use, in accordance with the terms of this Agreement. You agree not to resell any part of the Software to Third Parties or modify, copy, distribute, or otherwise use the Site and/or the Software in any manner not expressly permitted by this Agreement.

6.3. Breach and Consequences

Any breach of the above terms constitutes a material breach of this Agreement, which may result in Pixellark Solutions immediately suspending or terminating your access to the Software. Furthermore, you may be liable for damages suffered by Pixellark Solutions due to such breach.

7. Access to Your Data

7.1. Ownership of Data

While providing its Software to you, Pixellark Solutions may have access to some of your Data. However, unless otherwise stated, all rights, title, and interest in the Data remain exclusively yours.

7.2. Usage Restrictions

Except as otherwise specified in this Agreement, Pixellark Solutions shall not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, or otherwise use your Data for commercial or public purposes without your prior consent, except for the provision of the Software.

7.3. Feedback

If you provide Pixellark Solutions with any feedback, suggestions, comments, or improvements regarding the Site and/or Software, Pixellark Solutions may use such feedback without limitations or the expectation of compensation.

8. Confidential Information

8.1. Confidentiality Commitment

Pixellark Solutions is committed to maintaining the confidentiality of your Confidential Information. To formalize this commitment, we offer a Non-Disclosure Agreement that you can choose to sign with us.

8.2. Disclosure Exceptions

You acknowledge and agree that Pixellark Solutions may disclose any Data, including Confidential Information, if required by law or in good faith belief that such preservation or disclosure is reasonably necessary to:

9. Warranties

9.1. Representations and Warranties

Each party represents and warrants to the other party that it possesses all necessary rights and authority to enter into and perform its obligations under this Agreement.

9.2. Pixellark Solutions' Warranties

Pixellark Solutions warrants and represents that:

9.3. Your Warranties

You represent and warrant that you will comply with all applicable laws and regulations when using our Software, including export and re-export control laws and sanctions. You also agree to maintain a legally adequate privacy policy that accurately discloses your practices with respect to the collection, use, and disclosure of Personal Data.

9.4. Compliance Responsibility

If you are subject to specific laws or regulations concerning privacy or Personal Data, you represent and warrant that your use of our Software will comply with such laws or regulations. Pixellark Solutions will not be liable for your failure to comply with any such laws or regulations.


The materials contained on the Pixellark Solutions website and software are provided "as is". Apart from the express warranties outlined in this agreement, Pixellark Solutions hereby makes no further warranties, whether expressed or implied. Pixellark Solutions disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or other violation of rights. Furthermore, Pixellark Solutions does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or software. This also extends to any third-party sites or software linked to within our site or software. Pixellark Solutions does not guarantee that the software will be error-free or provide certain results.

Contact Information

Pixellark Solutions

Kurunegala, Ridigama

Sri Lanka

[email protected]