Terms of Use

Services We Provide

Pixel Square provides the following creative and technical services to clients:

• Graphic Design — brand identity systems, logo design, marketing collateral, digital assets, and visual communication materials.
• 2D Animation — explainer videos, motion graphics, animated social content, and character animation.
• 3D Animation & Visualisation — product renders, architectural visualisation, cinematic animations, and 3D motion content.
• Business Automation — workflow design, system integration, CRM automation, reporting automation, and process optimisation using existing and new tools.

The specific scope, deliverables, timelines, and fees for any engagement are set out in a separate proposal or Statement of Work ("SOW") agreed between Pixel Square and the client. In the event of any conflict between these Terms and a signed SOW, the SOW shall prevail.

Use of Our Website

By accessing our website you agree that you will:

• Use the website only for lawful purposes and in a manner that does not infringe the rights of others.
• Not attempt to gain unauthorised access to any part of the website, its servers, or any connected systems.
• Not transmit any unsolicited or unauthorised advertising, spam, or promotional material.
• Not reproduce, duplicate, copy, sell, or resell any portion of the website without our express written consent.
• Not use automated tools (bots, scrapers, crawlers) to access, monitor, or copy the website without our prior written authorisation.
• Not use the website in any manner that could damage, disable, overburden, or impair our servers or networks.

We reserve the right to terminate or restrict your access to the website at any time, without notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties.

Client Responsibilities

When engaging Pixel Square for services, you as the client agree to:

• Provide accurate information — supply complete, accurate, and up-to-date information necessary for us to deliver your project, including briefs, brand assets, content, approvals, and feedback.
• Respond in a timely manner — respond to requests for feedback, approvals, or information within the timeframes agreed in your SOW. Delays caused by late client responses may affect delivery timelines and are not our responsibility.
• Provide licensed content — ensure that any materials you supply to us (text, images, audio, logos, trademarks, etc.) are owned by you or properly licensed for the intended use. You represent and warrant that your use of such materials does not infringe any third-party rights.
• Designate an authorised contact — appoint a single point of contact authorised to provide instructions, approvals, and sign-offs on your behalf throughout the project.
• Make payment on time — pay all invoices in accordance with the payment terms set out in your SOW or as otherwise agreed in writing.

Intellectual Property

Our intellectual property

All content on this website — including but not limited to text, graphics, logos, images, animations, code, and design — is the property of Pixel Square or our content suppliers and is protected by Canadian and international copyright, trademark, and other intellectual property laws. Nothing in these Terms grants you any licence or right to use our intellectual property without our express written consent.

Deliverables — ownership transfer

Upon receipt of full payment for a project, Pixel Square assigns to the client full ownership of the final, agreed deliverables for that project, including all copyrights, unless otherwise specified in the SOW.

The following are explicitly excluded from this transfer unless agreed otherwise in writing:

• Working files and source files (e.g., native Illustrator, Photoshop, After Effects, Blender, or Figma files) — these remain the property of Pixel Square unless specifically purchased as part of the engagement.
• Third-party assets — stock images, fonts, audio tracks, plugins, or other licensed elements incorporated into deliverables. The client is responsible for obtaining their own licences for continued use of such elements beyond the project delivery.
• Proprietary tools and frameworks — any automation scripts, workflows, code libraries, or templates developed by Pixel Square as part of a broader internal toolkit remain our intellectual property. Clients receive a licence to use the specific implementation delivered to them, not the underlying framework.

Portfolio rights

Unless expressly prohibited in writing, Pixel Square retains the right to display completed work in our portfolio, on our website, and in marketing materials for the purposes of showcasing our capabilities.

Fees, Invoicing & Payment

• Project fees are set out in the agreed proposal or SOW. All fees are quoted in Canadian dollars (CAD) unless explicitly stated otherwise.
• Deposit — most projects require a non-refundable deposit (typically 50%) before work commences. The amount is specified in your SOW.
• Payment terms — invoices are due within 14 days of the invoice date unless otherwise agreed in writing. Final files and deliverables will be released upon receipt of final payment.
• Late payment — outstanding invoices beyond the due date may accrue interest at 1.5% per month (18% per annum) on the unpaid balance. We reserve the right to pause or suspend work on active projects while invoices remain outstanding.
• Taxes — fees are exclusive of applicable taxes (GST/HST) unless stated otherwise. Applicable taxes will be added to invoices in accordance with Canada Revenue Agency requirements.
• Out-of-scope work — any work requested beyond the agreed scope will be discussed and quoted separately before being commenced. We will not bill for out-of-scope work without your written approval.

Project Timelines & Revisions

Timelines — estimated project timelines are provided in good faith based on the agreed scope and assume timely provision of materials and feedback from the client. Pixel Square will make reasonable efforts to meet agreed deadlines but is not liable for delays caused by client delays, third-party dependencies, or circumstances beyond our reasonable control.

Revisions — each project includes a defined number of revision rounds as specified in the SOW. Additional revisions beyond those included may be billed at our standard hourly rate or a fixed fee agreed in advance.

Scope creep — significant changes to the project brief or scope mid-project (including changes to strategy, concept direction, or deliverable format) may require a revised SOW, timeline, and fee. We will always communicate this to you before proceeding.

Client-caused delays — if a project is delayed by more than 30 days due to lack of client response, materials, or approvals, we reserve the right to reschedule the project and bill any completed work to date.

Confidentiality

Both parties agree to keep confidential any non-public information received from the other party in connection with a project ("Confidential Information"), including but not limited to business strategies, financial data, client lists, technical specifications, and project briefs.

Confidential Information shall not be disclosed to any third party without the disclosing party's prior written consent, except where disclosure is required by law or regulation.

This confidentiality obligation continues for a period of 3 years following the completion or termination of an engagement, unless a separate Non-Disclosure Agreement (NDA) with a longer term has been executed between the parties.

Pixel Square will not use your Confidential Information for any purpose other than delivering the agreed services.

Cancellation & Termination

Cancellation by the client

You may cancel a project at any time by providing written notice. In the event of cancellation:

• All work completed to the date of cancellation notice will be invoiced and is payable in full.
• The deposit (if applicable) is non-refundable.
• If cancellation occurs after the project is 75% or more complete, the full project fee may be payable.
• Deliverables are only transferred to the client upon receipt of all outstanding payments.

Termination by Pixel Square

We reserve the right to terminate an engagement with reasonable written notice if a client:

• Fails to make payment within 30 days of the due date after receiving a reminder.
• Provides false or misleading information.
• Requests that we create content or systems that are illegal, defamatory, or in breach of third-party rights.
• Acts in a manner that is abusive, threatening, or unreasonable toward our team.

Upon termination by us for cause, all outstanding fees for work completed are immediately due and payable.

Disclaimer of Warranties

Our website is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

We do not warrant that:

• The website will be uninterrupted, error-free, or free of viruses or other harmful components.
• The information on the website is complete, accurate, or current.
• Results obtained from use of our services will meet your specific requirements or expectations.

Any specific outcomes referenced on our website (such as statistics from client case studies) represent historical results for specific clients under specific circumstances and are not guarantees of future results.

Limitation of Liability

To the maximum extent permitted by applicable Canadian law, Pixel Square and its owners, employees, and contractors shall not be liable for any indirect, incidental, consequential, special, or punitive damages arising out of or related to your use of our website or services, including but not limited to:

• Loss of profits, revenue, or business opportunities
• Loss of data or goodwill
• Business interruption
• Errors or omissions in content we create on your behalf
• Third-party actions or failures

In no event shall our total aggregate liability to you for any claims arising out of or related to a specific project exceed the total fees paid by you to us for that project in the twelve (12) months preceding the event giving rise to the claim.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for certain damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

Indemnification

You agree to defend, indemnify, and hold harmless Pixel Square and its owners, officers, employees, and contractors from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from:

• Your breach of these Terms.
• Your violation of any applicable law or third-party right.
• Your use of our website or services in a manner not authorised by these Terms.
• Any content or materials you provide to us that infringe third-party intellectual property rights.
• Any misrepresentation made by you to us.

Governing Law & Dispute Resolution

These Terms and any disputes arising out of or in connection with them are governed by and construed in accordance with the laws of the Province of Manitoba and the federal laws of Canada applicable therein, without regard to conflict of law principles.

Dispute resolution process:

• Step 1 — Good faith negotiation: Both parties agree to first attempt to resolve any dispute informally by contacting the other party and describing the issue. We will respond within 10 business days.
• Step 2 — Mediation: If informal negotiation does not resolve the dispute within 30 days, either party may request non-binding mediation through a mutually agreed mediator in Winnipeg, Manitoba.
• Step 3 — Litigation: If mediation fails, disputes shall be subject to the exclusive jurisdiction of the courts of Manitoba, Canada. You consent to the personal jurisdiction of such courts and waive any objection to the laying of venue of any such proceedings.

Nothing in this section prevents either party from seeking emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent irreparable harm pending the resolution of a dispute.

Changes to These Terms

We reserve the right to modify these Terms at any time. When we make changes, we will update the "Last Updated" date at the top of this page. Material changes will be communicated to active clients via email.

Your continued use of our website or services after revised Terms are posted constitutes your acceptance of the changes. If you do not agree with revised Terms, you should stop using our website and notify us to discuss any active service engagements.

Miscellaneous

• Entire agreement — these Terms, together with any signed SOW or proposal, constitute the entire agreement between you and Pixel Square with respect to the subject matter hereof and supersede all prior agreements and understandings.
• Severability — if any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
• Waiver — our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.
• Assignment — you may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations freely.
• Force majeure — neither party shall be liable for any delay or failure to perform resulting from causes beyond their reasonable control, including natural disasters, pandemic, strikes, governmental action, or internet service disruptions.
• Language — these Terms are written in English. Where required by applicable law, a French version may be provided, but the English version shall govern in the event of any inconsistency.

Contact Us

If you have any questions about these Terms of Use or wish to discuss a service engagement, please get in touch: