Terms & Conditions
The agreement between you and Pancake Pixels for our platform and services.
1. About these terms
These Terms & Conditions ("Terms") govern your access to and use of the Pancake Pixels platform and any services we provide to you (together, the "Services"). They form a binding agreement between you ("you" or "your") and Pancake Pixels (ABN 80 618 733 216) ("Pancake Pixels", "we", "us" or "our").
By creating an account, starting a free trial, purchasing a subscription or service, or otherwise using the Services, you agree to these Terms. If you are entering into these Terms on behalf of a business, you confirm you are authorised to bind that business.
2. The Pancake Pixels platform
The platform is an all-in-one business software subscription (CRM, websites and funnels, scheduling, marketing automation, analytics and related tools). We grant you a non-exclusive, non-transferable right to use the platform for your own business while your subscription is active and fees are paid.
Subscriptions are billed monthly in advance. Plan inclusions and current prices are set out at pancakepixels.io/pricing or as otherwise agreed with you in writing. We may introduce usage-based charges (for example messaging or email credits) which are billed in addition to your plan.
3. The Brand & Growth service
Brand & Growth is an optional done-with-you service delivered on top of a platform subscription. It includes strategy and build sessions and marketing assets produced for your business, as described at pancakepixels.io/brand-and-growth.
Brand & Growth is billed monthly and is separate from your platform subscription. It is a service engagement, not a guarantee of any particular commercial result. Sessions not used in a given month do not roll over unless we agree otherwise.
4. Free trial
Where a free trial is offered (currently 14 days for the platform), you may use the relevant Services during the trial without charge. Unless you cancel before the trial ends, your paid subscription begins automatically and the applicable fees become payable. Trials are for genuine evaluation and may be withdrawn or limited if misused.
5. Fees, billing and taxes
- Fees are charged to your nominated payment method on a recurring monthly basis until cancelled.
- All fees are in the currency shown at checkout and are inclusive or exclusive of GST or other taxes as indicated. You are responsible for any taxes that apply to you.
- If a payment fails, we may retry it and may suspend or limit the Services until payment is received.
- We may change our fees on reasonable notice. Changes take effect from your next billing cycle.
6. Cancellation, no lock-in and refunds
There is no lock-in contract. You may cancel your platform subscription or the Brand & Growth service at any time, effective from the end of your current paid month.
Except where required by law (including the Australian Consumer Law), fees already paid are non-refundable and cancelling does not entitle you to a refund for the remainder of a paid period. On cancellation your access to the relevant Services ends at the end of the paid period. You are responsible for exporting your data before then.
7. Your responsibilities and acceptable use
You are responsible for your account, your login credentials, and all activity under your account. You agree to use the Services lawfully and not to:
- send spam or messaging that breaches the Spam Act 2003 (Cth) or any anti-spam or telemarketing laws;
- upload unlawful, infringing, harmful or misleading content;
- attempt to disrupt, reverse engineer, resell or gain unauthorised access to the Services or their underlying systems;
- use the Services to breach any law or any third-party rights.
You must obtain all necessary consents from your own customers and contacts for the way you communicate with them using the Services.
8. Your content and data
You retain ownership of the data, content and materials you put into the Services ("Your Content"). You grant us the limited rights needed to host, process and display Your Content solely to provide and support the Services. You are responsible for the accuracy and legality of Your Content and for keeping your own backups where practical.
9. Intellectual property and ownership
We (and our licensors) own the Pancake Pixels platform, software, systems, templates, and brand. Nothing in these Terms transfers that ownership to you.
Marketing assets and deliverables we create specifically for your business under the Brand & Growth service become yours once paid for, and you may continue to use them after cancellation. This does not include our underlying tools, frameworks, templates or know-how, which remain ours.
10. Third-party services
The platform is delivered using third-party infrastructure and integrations (including the underlying software we white-label, payment processors, and tools you choose to connect). Your use of those third-party services may be subject to their own terms, and we are not responsible for third-party services outside our control.
11. Availability and no guarantee of results
We work hard to keep the Services available and effective but do not warrant that they will be uninterrupted, error-free, or that they will produce any specific business, revenue or marketing outcome. We may perform maintenance, and may modify or discontinue features from time to time.
12. Confidentiality
Each party may receive confidential information of the other. Each party agrees to keep the other’s confidential information confidential and use it only to perform or use the Services, except where disclosure is required by law.
13. Liability
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy you have under the Australian Consumer Law or other law that cannot lawfully be excluded.
Subject to that, to the maximum extent permitted by law: (a) the Services are provided "as is"; (b) we are not liable for indirect, special or consequential loss, or for loss of profit, revenue, data or goodwill; and (c) our total liability for any claim is limited to the fees you paid us for the relevant Service in the three (3) months before the claim arose. Where we are liable for a breach of a non-excludable guarantee, our liability is limited (at our option) to resupplying the Services or paying the cost of having them resupplied.
14. Indemnity
You agree to indemnify us against claims, losses and costs arising from Your Content, your use of the Services in breach of these Terms or any law, or your communications with your own customers and contacts.
15. Privacy
We handle personal information in accordance with our Privacy Policy, which forms part of these Terms.
16. Changes to these terms
We may update these Terms from time to time. We will post the current version on this page and update the date above. Continued use of the Services after changes take effect means you accept the updated Terms.
17. Governing law
These Terms are governed by the laws of Victoria, Australia, and the parties submit to the non-exclusive jurisdiction of the courts of that state.
18. Contact us
Questions about these Terms? Email [email protected].
Note: These Terms are a general plain-English agreement. They are not legal advice. Please have them reviewed by your solicitor to confirm they fit your business before relying on them.