Terms of Service

These Terms of Service ("Terms") are a binding agreement between you and Pixel Creative LLC ("Candly", "we", "us", or "our") and govern your access to and use of our website and application (the "Service"). By creating an account, accessing, or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

If you use the Service on behalf of an organization, you represent that you are authorized to accept these Terms on its behalf, and "you" refers to that organization.

Candly is a platform for user-generated-content creators to manage brand deals and projects — tracking briefs, deliverables, and posting progress; building a public creator portfolio; connecting accounts such as a Gmail inbox to import brand deals; and managing a paid subscription. We may add, change, or discontinue features at any time.

You must be at least 16 years old, and old enough to form a binding contract in your jurisdiction, to use the Service. By using the Service, you represent and warrant that you meet these requirements and that the information you provide is accurate and complete.

You access the Service by signing in through our authentication provider (Clerk), including third-party sign-in options. You are responsible for the activity that occurs under your account and for maintaining the security of the credentials you use to access it. Notify us promptly of any unauthorized use. You may not share your account or let others access the Service through it without our permission.

You agree not to:

• Use the Service in violation of any law, regulation, or third party's rights, or for any unlawful, harmful, or fraudulent purpose.
• Upload or transmit content that is infringing, defamatory, obscene, or otherwise objectionable, or that you do not have the right to submit.
• Attempt to gain unauthorized access to the Service, other accounts, or our systems; probe or scan for vulnerabilities; or circumvent any security or access controls.
• Interfere with or disrupt the integrity or performance of the Service, including by transmitting malware or overloading our infrastructure.
• Reverse engineer, scrape, or use automated means to access the Service except as expressly permitted, or resell or exploit the Service without authorization.
• Use connected third-party data (such as your Gmail inbox) in any way that violates the applicable platform's terms.

We may suspend or terminate access for conduct that violates these Terms or that we reasonably believe is harmful to the Service or other users.

• Plans and payment. Certain features require a paid subscription. Payments are processed by Stripe; by subscribing you also agree to Stripe's terms. You authorize us and Stripe to charge your selected payment method for the applicable fees.
• Automatic renewal. Subscriptions renew automatically at the end of each billing period at the then-current price until cancelled. You can cancel at any time from your billing settings; cancellation takes effect at the end of the current period, and you retain access until then.
• Price changes. We may change our fees. We will give reasonable advance notice of changes that affect an active subscription, and changes apply from the next billing period.
• Refunds. Except where required by law, payments are non-refundable and partial periods are not prorated.
• Taxes. Fees are exclusive of taxes, which you are responsible for where applicable.

You retain all ownership rights in the content you create, upload, or submit to the Service — including brands, projects, notes, media, and your creator portfolio ("Your Content"). We do not claim ownership of Your Content.

You grant us a worldwide, non-exclusive, royalty-free license to host, store, reproduce, process, display, and transmit Your Content solely to operate, provide, secure, and improve the Service for you — for example, storing your uploads, rendering the public portfolio pages you choose to publish, and processing an email you select through our AI provider to suggest an import. This license ends when you delete Your Content or close your account, except for content already made public by you, and for backups or records we must retain for legal or security purposes.

You are solely responsible for Your Content and represent that you have the necessary rights to it and that it does not violate these Terms or any law or third-party right.

The Service lets you connect third-party accounts and platforms — such as YouTube, TikTok, Instagram, Facebook, and Gmail. When you connect a platform, your use of that platform and the data accessed through it is also governed by that platform's own terms and policies, in addition to these Terms. You are responsible for complying with those terms, and we are not responsible for third-party services, their availability, or their practices.

Our handling of data accessed through these integrations — including Google Gmail data — is described in our Privacy Policy. You can disconnect an integration at any time from your settings.

The Service, including its software, design, and trademarks, is owned by Pixel Creative LLC and its licensors and is protected by intellectual property laws. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for its intended purpose. We reserve all rights not expressly granted.

The Service is provided "as is" and "as available", without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or secure, or that any content or import suggestion generated by the Service will be accurate or complete. You use the Service at your own risk.

To the maximum extent permitted by law, in no event will Pixel Creative LLC or its officers, employees, or suppliers be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or related to your use of the Service. Our total liability for all claims relating to the Service will not exceed the greater of the amounts you paid us in the twelve months before the event giving rise to the liability, or one hundred U.S. dollars (US$100).

You agree to indemnify and hold harmless Pixel Creative LLC from any claims, damages, liabilities, and expenses (including reasonable legal fees) arising out of Your Content, your use of the Service, or your violation of these Terms or any law or third-party right.

You may stop using the Service and delete your account at any time. We may suspend or terminate your access, with or without notice, if you violate these Terms, if required by law, or to protect the Service or other users. Upon termination, your right to use the Service ends and we may delete Your Content, subject to our Privacy Policy. Sections that by their nature should survive termination — including ownership, disclaimers, limitation of liability, indemnification, and governing law — will survive.

We may update these Terms from time to time. We will revise the "Last updated" date above and, for material changes, provide additional notice. Your continued use of the Service after an update constitutes acceptance of the revised Terms. If you do not agree to the changes, stop using the Service.

These Terms are governed by the laws of the United States and the state in which Pixel Creative LLC is organized, without regard to conflict-of-laws rules. You agree to the exclusive jurisdiction of the courts located there for any dispute arising out of or relating to these Terms or the Service, except where prohibited by applicable law.

If you have questions about these Terms, contact Pixel Creative LLC at legal@pixelcreative.io.