1. Introduction
This Seller Agreement ("Agreement") supplements the Terms of Service and applies specifically to Creators who sell artwork, digital products, or physical products through Pixerr ("Sellers" or "you").
By creating a seller account or listing products for sale on Pixerr, you agree to be bound by this Seller Agreement in addition to our Terms of Service, Privacy Policy, and Content Guidelines.
This is not legal advice. Please consult your own attorney for legal guidance.
2. Relationship of the Parties
2.1 Independent Contractor Relationship
You acknowledge and agree that:
- Pixerr is a platform and facilitator, not your employer, partner, or agent
- You are an independent contractor or business entity
- This Agreement does not create an employment, partnership, joint venture, or agency relationship
- You are solely responsible for your own business operations, taxes, and legal compliance
2.2 Your Responsibilities
As a Seller, you are responsible for:
- All aspects of your business, including pricing, product descriptions, and customer service
- Compliance with all applicable laws, regulations, and tax obligations in your jurisdiction
- Obtaining any necessary licenses, permits, or registrations required to sell your products
- Maintaining accurate records of your sales and income for tax purposes
- Filing appropriate tax returns and paying all applicable taxes
3. Content Representations & Warranties
By uploading Content to Pixerr for sale, you represent and warrant that:
3.1 Ownership and Rights
- You own or have the necessary rights, licenses, and permissions to use and commercialize the Content
- You have the right to grant the licenses described in this Agreement
- The Content does not infringe any copyright, trademark, patent, trade secret, or other intellectual property right of any third party
3.2 AI-Generated Content
If your Content includes AI-Generated Content:
- You have read and comply with the terms of service of the AI tool(s) used to create the Content
- You have the right to commercialize the AI-Generated Content under those tools' terms
- You understand that the copyright status of AI-Generated Content may be uncertain or evolving
- You will not upload Content that violates the terms of the AI tool(s) used to create it
3.3 Model and Property Releases
For Content featuring identifiable individuals or private property:
- You have obtained all necessary model releases for identifiable individuals
- You have obtained all necessary property releases for private property, branded locations, or trademarked elements
- You have the right to use any third-party content (e.g., fonts, stock elements) in accordance with applicable licenses
3.4 Accuracy of Representations
You represent that all product descriptions, pricing information, and other information you provide about your Content is accurate and not misleading.
4. License to Pixerr
By uploading Content to Pixerr, you grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable license to:
- Host, store, display, and reproduce your Content on the Platform
- Promote and market your Content through the Platform and in marketing materials
- Use your Content in discovery feeds, curated collections, and promotional features
- Create thumbnails, previews, and derivative works necessary for Platform functionality
- Use your Content in case studies, blog posts, or other marketing materials (with attribution)
This license does not transfer ownership of your Content to Pixerr and terminates when you remove your Content from the Platform, except for copies we may retain for archival or legal purposes.
5. Digital Product Licensing to Buyers
5.1 License Grant
When a Buyer purchases a Digital Product from you, you grant the Buyer a license to use the Digital Product in accordance with the license terms you specify at the point of sale. Default license terms (if not specified) include:
- Personal Use License: Personal, non-commercial use only
- Non-Transferable: The license is personal to the Buyer and cannot be transferred
- Non-Exclusive: You retain the right to sell the Digital Product to other Buyers
- No Redistribution: The Buyer may not resell, redistribute, or sublicense the Digital Product
5.2 Custom License Terms
You may specify custom license terms for your Digital Products at the point of sale, including:
- Commercial use rights
- Extended print rights
- Modification rights
- Other terms as you see fit
It is your responsibility to clearly communicate license terms to Buyers. Pixerr is not responsible for disputes arising from unclear or conflicting license terms.
6. Use of AI Tools
6.1 Compliance with AI Tool Terms
If you use AI tools to create Content for sale on Pixerr, you are solely responsible for:
- Reading and understanding the terms of service of the AI tool(s) you use
- Complying with all terms, including commercial use restrictions
- Ensuring you have the right to commercialize AI-Generated Content under those tools' terms
- Staying informed about changes to AI tool terms that may affect your Content
6.2 Your Responsibility
Pixerr does not monitor or verify compliance with AI tool terms. If an AI tool disallows commercial use of generated content, you are solely responsible for any consequences, including:
- Removal of Content from the Platform
- Refunds to Buyers
- Any legal claims arising from violation of AI tool terms
7. Pricing & Payouts
7.1 Pricing
You set the prices for your products. Pixerr may:
- Display suggested pricing ranges
- Charge platform fees on sales (as disclosed in your account dashboard)
- Reserve the right to reject prices that are clearly erroneous or fraudulent
7.2 Payout Schedule
Payouts are processed through third-party payment processors (e.g., Stripe Connect). Payout schedules and minimum thresholds are:
- Disclosed in your account dashboard
- Subject to the terms of the payment processor
- May vary based on your account status, location, or other factors
7.3 Payment Processor Terms
By using Pixerr's payout services, you agree to comply with the terms of service of our payment processors. Pixerr is not responsible for delays, errors, or issues caused by payment processors.
7.4 Fees
Pixerr may charge platform fees on sales. Current fee structures are displayed in your account dashboard and may be updated with reasonable notice. Fees are deducted from your earnings before payout.
8. Taxes & Reporting
8.1 Your Tax Obligations
You are solely responsible for:
- Determining and paying all applicable income, sales, VAT, or other taxes in your jurisdiction
- Filing appropriate tax returns
- Maintaining accurate records of your sales and income
- Complying with all tax laws and regulations applicable to your business
8.2 Tax Forms and Withholding
Pixerr may be required by law to:
- Collect tax identification information (e.g., W-9 forms in the United States)
- Withhold taxes from payouts if required by applicable law
- Report your earnings to tax authorities as required by law
You agree to provide accurate tax information and cooperate with any tax-related requests from Pixerr.
9. Intellectual Property Complaints & Takedowns
9.1 Removal of Infringing Content
Pixerr reserves the right to remove or disable access to Content that:
- Is alleged to infringe intellectual property rights
- Violates our Terms of Service or Content Guidelines
- Is the subject of a valid DMCA takedown notice
- We believe, in our sole discretion, may infringe third-party rights
9.2 Repeat Infringer Policy
Sellers who repeatedly upload infringing Content may have their accounts terminated. Pixerr maintains a policy of terminating accounts of repeat infringers in appropriate circumstances.
9.3 Counter-Notifications
If your Content is removed due to an intellectual property complaint, you may submit a counter-notification in accordance with our DMCA Policy.
10. Indemnification & Liability
10.1 Indemnification
You agree to indemnify, defend, and hold harmless Pixerr, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:
- Your Content or products sold through Pixerr
- Your violation of this Agreement, the Terms of Service, or any applicable law
- Your violation of any third-party right, including intellectual property rights
- Any claim that your Content infringes or violates any third-party right
- Any dispute between you and a Buyer
10.2 Limitation of Liability
To the maximum extent permitted by law, Pixerr's liability to you for any claims arising from this Agreement or your use of the Platform shall be limited to the amount you paid to Pixerr in fees in the twelve (12) months prior to the claim, or one hundred dollars ($100), whichever is greater.
11. Term & Termination
11.1 Term
This Agreement remains in effect while you maintain a seller account on Pixerr or until terminated by either party.
11.2 Termination by You
You may terminate this Agreement at any time by:
- Removing all your products from the Platform
- Closing your seller account through your account settings
- Contacting us to request account closure
11.3 Termination by Pixerr
Pixerr may terminate or suspend your seller account at any time, with or without notice, for:
- Violation of this Agreement, the Terms of Service, or Content Guidelines
- Suspected fraud or illegal activity
- Repeated intellectual property violations
- Any other conduct we deem harmful to the Platform or other users
11.4 Effect of Termination
Upon termination:
- Your right to sell products through Pixerr will immediately cease
- Pending orders will be processed in accordance with our policies
- Outstanding payouts will be processed subject to our payout schedule and any applicable holds
- We may remove your Content from the Platform, subject to our data retention policies
12. Disputes with Buyers
You are responsible for resolving disputes with Buyers. Pixerr may, but is not obligated to, assist in dispute resolution. Pixerr is not liable for any disputes between you and Buyers.
13. Changes to This Agreement
We reserve the right to modify this Agreement at any time. We will notify Sellers of material changes by posting the updated Agreement on this page and updating the "Last Updated" date. Your continued use of Pixerr as a Seller after such changes constitutes acceptance of the modified Agreement.
14. Contact Information
If you have questions about this Seller Agreement, please contact us at:
Email: [[CONTACT_EMAIL]]
Mailing Address: [[MAILING_ADDRESS]]
15. Entire Agreement
This Agreement, together with the Terms of Service, Privacy Policy, DMCA Policy, and Content Guidelines, constitutes the entire agreement between you and Pixerr regarding your status as a Seller on the Platform.
