Privacy Policy

Effective: 24 June, 2023
This Privacy Policy describes how Piksort collects, uses, and shares your personal information, as well as your choices and rights with respect to your personal information.

Scope of this Privacy Policy

This Privacy Policy applies to information that relates to you as an identifiable individual (often referred to as “personal information” or “personal data”) that Piksort receives or collects when you interact with us or our services, website, and software (the “Services”).This Privacy Policy does not apply to any third-party services, websites, or software, such as third-party applications that may be integrated into our Services via API. Those services, websites, and software are subject to their own terms and privacy policies, and you should read those carefully.

Information We Collect

We collect and receive the following types of information:

Information You Provide to Us:

Account Information: To create an account for the Services or to enable certain features, we require that you provide us with information for your account such as name, email, password, and authentication credentials. If you sign up for a paid subscription, we (or our payment processors) may need your billing details such as credit card information, banking information, and billing address.

Photo and Other Customer Data: In using our Services, our customers submit or upload photos, seek user support, or provide other Customer Data (defined in our Terms of Service) to us. Our use of and processing of Customer Data is governed by our Terms of Service.

Information We Collect Automatically:

Usage Data: We automatically collect usage data about how you interact with our Services when you use them. For example, this could be actions you take on our platform, such as the number of photos you’ve uploaded or viewed, your sharing activity.

Log Data: Our servers automatically log certain types of data when you visit or use our Services, for example, when you navigate through our website. This data is stored in our log files and includes, Internet Protocol (IP) address, type of device, operating system or browser, unique device identifiers, browser settings, date and time you visited or used our Services, the referring website, URL parameters, and error and crash reporting data.

How We Use Your Information

We use your information in the following ways:

To provide and maintain our Services.
To analyse and improve our Services.
To keep our Services secure and protect against fraud, abuse, and intrusion.
To provide user support, information, and services requested by you.
To send important account or security notifications.
To comply with our legal obligations, including responding to a court order or other valid legal process.
For other purposes with your consent.

Please keep in mind that customers control their accounts and associated Customer Data. We use Customer Data according to our customers’ instructions and our Terms of Service. Customers are able to restrict, remove, disclose, and access content and information associated with the accounts in their Workspaces. If you create a Piksort account with your work email and you aren’t already part of your company’s Workspace, your company will have the ability to add your account (including the content in it) to its Workspace. If information is aggregated or de-identified so that it can no longer be reasonably associated with an identifiable person, we may use it for any lawful purpose.

How We Share Your Information

We share information outside of Piksort only as described below:

Trusted Third Parties: We disclose information to our service providers or other third-parties so they can help us provide our Services and run our business. Examples include for storing Customer Data. We’ll only disclose the information necessary for these parties to perform their services for us, and they’ll be bound by contractual obligations to protect your personal information.

Other Users: When you collaborate with others, we display your basic account or profile information for context. For example, if you share a Piksort project with another user, we’ll let them know that it was you who shared it. 

Administrators: If you join a Project owned by another person or entity, the administrator of that Project has the right to access the content in it. Customers and their authorised users may choose to share and disclose information according to their own policies. Also, if you sign up for Piksort with an email domain that is owned or managed by your employer or organisation, we may share the fact that you have an account with us and some basic account information with your employer or organisation.

Change in Business Structure: If Piksort is involved in a merger, acquisition, public offering, asset sale, insolvency, bankruptcy, or similar change in our business structure, we may need to disclose your information to those involved in the transaction, subject to confidentiality requirements.

For Legal Reasons: We may release your information if we believe it is necessary to comply with the law, regulation, valid legal process, an enforceable government request, to prevent fraud or a security breach, enforce our policies or agreements, or protect our or others’ rights, property, or safety.

With Your Consent: We’ll otherwise share your information only with your consent. For example, if you choose to enable a third-party integration, we may share account information and/or content from your account, but only as authorised by you when you enable or use the integration.

How We Protect Your Information

We are committed to protecting your information from unauthorised access, use, disclosure, and loss. We use industry-standard security practices to keep your information secure, such as encryption, access controls, and internal reviews of data collection, use, and storage. However, data transmissions over the internet cannot be guaranteed to be 100% secure or safe from intrusion by others. Be sure to use secure internet connections, protect your login credentials, and create strong passwords for your account.

Learn more about our security and compliance efforts on our Security page

Data Retention

We’ll retain information you store on our Services for as long as your account exists or as long as we need it to provide you Services. If you delete your account or your content from Piksort, we’ll permanently delete your account or content within 30 days, unless we need to retain any information to comply with our legal obligations, resolve disputes, or enforce our agreements. For any other information we may receive or collect from you, we’ll retain that information for only as long as is necessary for the purposes described in this Privacy Policy.

Data Transfers

To provide our Services, we transmit, process, and store data in Australia (AWS Asia Pacific - Sydney).

Your Rights

Individuals across the globe have certain statutory rights in relation to their personal data. Subject to any exemptions provided by law, you may have the right to request access to your personal information, as well as to seek to update, delete, or correct this information. You can exercise most of these rights through your Piksort account. For example, if you wish to delete your personal information from Piksort, you may permanently delete your account by contacting You can also access and update your account information via your account settings age. If you are unable to exercise your rights through your Piksort account, please contact

Age Requirement

If you are under 13 years old (or the age of digital consent in your country), you may not sign up for Piksort, and please do not send any personal information about yourself to Piksort. If you believe that someone under 13 or the applicable age of digital consent has provided us with personal information in violation of this Privacy Policy, please contact us, and we will take steps to delete the information.

Updates to this Privacy Policy

We may update this Privacy Policy by posting the updates to our website. If an update materially impacts your rights or how we use your personal information, we will notify you either by email or other direct communication before the updates take effect. Any other revisions will become effective on the date the updates are posted by Piksort.


Email us questions at

Privacy for Humans

Howdy there! 🤠
At Piksort, our users’ privacy is at the core of our decision making. We provide a service that changes the way we work and allows us to be more informative in our daily work communication. Sensitive information may pass through our systems, and we don’t take that lightly.
We have created this page to show you how our systems use your data. For more information about how we use personal data, please view our Privacy Policy.

Where does my data go within Piksort?

Text-based Data
Your text-based data consists of things like your name, notifications and password. The majority of this data is stored on an encrypted database at and in-transit within AWS. This server is behind a VPC that only privileged servers have access to (such as our backend application servers). Some of this data is encrypted and sent to our caching layer where it is also encryption. This caching layer is also behind a VPC and is additionally not accessible between data centres within AWS.

Image Data
These files are stored on our encrypted S3 buckets, which can only be accessed by certain robots and engineers within our organisation who have special access. The links available in the website give you access to the S3 bucket holding the image. The link can be shared with anyone allowing them to view the photo. This is so the photo can be easily transferred through email. The link is virtually impossible to guess.

Where does my data go outside of Piksort?

We only send data to trusted third-party systems that are subject to strict privacy and security controls. We think it’s important you understand not only what these systems are but also why we send your data to these systems. If you don’t agree with or understand our reasoning, please email us at If you do not agree with your data going to a specific system, contact us and we will permanently delete all of your data from all our systems. For folks coming to figure out GDPR compliance, the following third-party services act as data processors for us. When we work with these service providers in our capacity as a data processor for our customers' personal data, the General Data Protection Regulation (GDPR) calls these third-party service providers a sub-processor. A subprocessor is a third party data processor engaged by Piksort who may have access to or process personal data: (i) on behalf of Piksort customers; (ii) in accordance with customer instructions as communicated by Piksort; and (iii) in accordance with the terms of a written contract between Piksort and the subprocessor.

☁️ Amazon Web Services (AWS)

Location: Australia
Nature of Processing: Cloud hosting services and storage
What: AWS is the cloud provider we use at Piksort to run our service. AWS processes, hosts, and stores your account and the videos you record with us.
Why: AWS provides Piksort with a reliable, scalable, and secure global computing infrastructure. In addition, AWS data centres have rigorous security, physical, and environmental controls to ensure these risks are mitigated. We leverage AWS services so we can continue focusing on providing our users the best recording experience.
Compliance: ISO 27001

Who has access to what within Piksort?

Our Support team may be provided access to user data, such as a user’s account or photos, for the purposes of handling support requests.

Our technical team can be granted temporary access to our servers, photo and thumbnail storage layers. This is only for debugging or development purposes.

How can I export my data?

Photos: You can export all of your video data by downloading each individual photo.
Text-based Data: Your tags can be exported using the ‘Download CSV’ function on the web portal.
If you ever want to delete your data, contact us and we will permanently delete all of your data off our systems.

Useful Vocabulary

🔒 Encrypted Encryption is a process where data is scrambled with a specific secret that only a select few have. If this data is stolen, it cannot be understood unless the stealer has the proper secret. All of your personally-identifiable data (videos, images and text) are encrypted in-transit across all systems.

🏃 In-transit Your data is being sent from one location to another (usually one server/computer to another)

🕳️ S3 Bucket This is where we store larger (usually media) files such as images.

⚡ Cache Layer
A group of servers that uses faster storage for the purpose of being able to retrieve it faster

🤝 DatabaseThis is a server that stores data that relates to one another. In other words, this is where we can query to answer questions like: "what is a user?", "does a user own one or many videos?", "could you get me a list of all of this user's comments?"

🔥 VPCA firewall that blocks access to a server or group of servers only to users/robots that have the proper permissions

🤖 AWSShort for Amazon Web Services. This is the cloud provider we use at Piksor that allows us to rent storage and compute capacity from their data centres.
If you have any questions about privacy at Piksort, we are here to help. Email us at

Security Measures

Piksort uses commercially reasonable efforts to implement and maintain the security measures listed below. Piksort may update or modify these Security Measures from time to time provided that the updates and modifications will not result in any material degradation of the overall security of Piksort’s Services.

Personnel Security

Background Checks. Piksor conducts background checks for employees and contractors with systems access to the extent legally permissible and in accordance with applicable local labour law and statutory regulations.
Confidentiality. Piksort personnel are required to execute a confidentiality agreement and must acknowledge receipt of, and compliance with, Piksort’s internal policies.

Organisational Security

Access Controls. Piksort implements access provisioning based on the principle of least privilege and access removal controls promptly upon termination.
Passwords. Piksort requires and enforces password complexity requirements where passwords are employed for authentication (e.g., login to workstations). These requirements include restrictions on password reuse and sufficient password strength.
Information Security. Piksort personnel are required to acknowledge and comply with Piksort Information Security policies and standards. Noncompliance is subject to disciplinary action, up to and including termination of employment.
Monitoring and Incident Response. Piksort maintains incident detection capabilities and a documented incident response program. In the event of an incident, Piksort will promptly take reasonable steps to minimise harm and secure Customer Data.

Data Practices

Industry Standard Encryption. Data in transit is encrypted using TLS 1.2+. Piksort hashes user passwords with bcrypt before storing them in an encrypted database.
Retention and Deletion. Piksort maintains backup data after a photo has been permanently deleted by an end user. Users can request data to be permanently deleted by contacting
Secure Destruction. Piksort’s primary hosting provider complies with Department of Defense standards for secure erasure and secure decommissioning of storage media.
Storage. Piksort stores data in a multi-tenant environment hosted on AWS servers and logically isolates Customer Data.
Software Updates and Patches. Piksort regularly updates software to remove bugs and improve Piksort’s services. Customers are encouraged to report any bugs to and our team will address them in future patch updates.

Incident Management

Incident Detection and Recording: Piskort detects incidents via user reports, automated alerts, or routine checks. All incidents are recorded in an incident management system for tracking and future reference.
Incident Categorisation and Prioritisation: Piksort categorises incidents based on their nature and prioritises based on its impact and urgency.
Incident Response: Piksort communicates with the user to keep them informed about the status of the incident and estimated time to resolution. 
Incident Investigation and Diagnosis: Piksort launches an investigation to determine the root cause of the incident. 
Incident Resolution and Recovery: Once the incident has been handled and normal service is restored, the resolution is documented in the incident record.
Incident Closure: After ensuring that the incident has been fully resolved and that no further actions are required, the incident is closed in the incident management system.
Incident Review and Reporting: Piksort reviews and generates reports of the incident to improve Piksort’s Services.

Network Protection

Firewalls. Piksort configures firewalls according to industry best practices and unnecessary ports and protocols are blocked by configuring AWS Security Groups and NACL (Network Access Control Lists). Configurations are regularly monitored using automated cloud security posture management tools.
Monitoring, Logging, and Alerting. Piksort logs application logs to monitor for any suspicious activity. Alerts are responded to daily.

Application Security

Dependency Management. Piksort ensures both application level dependencies and OS level packages are updated regularly to patch security issues. 
RBAC (Role Based Access Control). Piksort uses IAM (Identity and Access Management) policies to enforce strict access controls for employees to access customer personal data, pictures. All user activity is logged and monitored for anomalies.
Zero Trust. Internal applications used by Piksort personnel are secured using AWS Application Load Balancer's native integration with our identity provider. This is done using OpenID Connect which acts as an authentication layer over the OAuth 2.0 protocol. All access, permissions and scopes are defined centrally within our identity provider to manage and scale requests.

Data Hosting

Data Centers. Piksort hosts data on Amazon Web Services (AWS), which maintains internationally recognised world-class compliance certifications and reports. AWS maintains industry-leading security practices, offers state-of-the art environmental and physical protection for the services and infrastructure that comprise Piksort’s operating environment.
Backups. Piksort conducts periodic database backups. Backups are retained for 30 days during the normal course of operations.
Business Continuity. Piksort does not allow users to delete images directly. All deleted images will remain on our servers and can be requested for removal by contacting 


Due Diligence. Piksort conducts security reviews for vendors prior to onboarding to ensure adequate level of security, compliance, and privacy for the scope of services provided.
Confidentiality. Piksort takes appropriate steps to ensure our security posture is maintained by establishing agreements that require subprocessors and service organisations to adhere to confidentiality commitments.

Terms of Service

Effective: 24 June, 2023
These Terms of Service (“Terms”) govern access to and use of the Services made available by Piksort Pty Ltd. By using our Services, you agree to be bound by these Terms. If you use our Services on behalf of an entity or organisation, you are binding that organisation to these Terms, and you represent that you have the authority to do so.

1. Piksort’s Services

1.1 Registration. Piksort provides photo management services for work. If a user registers using a personal domain, the user is the Customer. If a corporate domain is registered, then the Project created is owned by the organisation (such as the user’s employer), and the organisation is the Customer. Customers can invite Authorised Users to their Project and must designate at least one Authorised User to be an Administrator, who will manage and control the Project. If a user joins an existing Project created by another person or organisation, that person or organisation is the Customer and the user is an Authorised User. All Customers, Administrators, and Authorised Users must comply with these Terms.
1.2 Access. During the Subscription Term, Customer may access and use, and may allow Authorised Users to access and use the Services for its business purposes in accordance with these Terms.
1.3 Software. Piksort may make Software available as part of the Services. Subject to these Terms, Piksort grants to Customer and its Authorised Users a limited non-exclusive, non-transferable, non-sublicensable licence to download and use the Software to the extent necessary to use the Services. Software may update automatically. To the extent a component of the Software contains any open source software, the open source licence for that software will govern with respect to that component.
1.4 Restrictions. Customer will not and will ensure Authorised Users do not: (a) reproduce, modify, adapt, or create derivative works of the Services; (b) rent, lease, distribute, sell, transfer, or sublicense the Services to a third party except as permitted in these Terms; (c) interfere with, disrupt, or circumvent any security measures or mechanisms designed to protect the Services; (d) reverse engineer, disassemble, decompile, or seek to obtain or derive the source code, underlying ideas, algorithms, file formats, or non-public APIs of Services; (e) remove or obscure any proprietary or other notices contained in the Services; (f) harass, threaten, spam or cause distress, unwanted attention, or discomfort to a person or entity; (g) impersonate or falsely state or misrepresent an affiliation with anyone; (h) use the Services to transmit any viruses, worms, trojan horses, or other harmful or malicious code or programs; (i) use the Services to build competitive products; or (j) misuse the Services in any way, including in violation of these Terms or applicable law. Any use of data mining, robots, or similar data gathering and extraction tools or framing all or any portion of the Services without Piksort’s permission is strictly prohibited. Customers will prevent, terminate, and notify Piksort of any unauthorised or illegal use of or access to its or any Authorised User account or the Services.

2. Customer Responsibilities

2.1 Authorised Users. Customer is responsible for Authorised Users’ use of the Services and their compliance with these Terms. Customer will ensure that all Authorised Users are over the age of 13 or the applicable age of digital consent, whichever is older. Customer represents that it has obtained all consents necessary for Customer and its Authorised Users’ use of the Services, including Customer’s ability to convert accounts previously registered by individuals using Customer’s business email domain into Authorised User accounts.
2.2 Customer Data. Customer is responsible for ensuring all Customer Data and any other content or information provided to Piksort or uploaded, posted, recorded, or transmitted to the Services complies with these Terms. If any Customer Data violates these terms, Piksort may ask Customer to remove or edit the Customer Data so it is no longer in violation, or Piksort may, but is not obligated to, remove the Customer Data or take action as needed to resolve the issue.
2.3 Third-Party Apps. Third-Party Apps are subject to their own terms and privacy policies. Customer is responsible for reviewing those terms and policies before using Third-Party Apps. Piksort is not responsible for Third-Party Apps and does not warrant or support them. By enabling a Third-Party App that uses or accesses Customer Data, Customer authorises the transfer of that data to the Third-Party App and, if applicable, will ensure that there is a legally valid data transfer mechanism for the transfer or onward transfer, in accordance with all applicable privacy and data protection laws.
2.4 Prohibited Content. Customer will not and will ensure Authorised Users do not upload, post, record, or transmit any harmful, offensive, unlawful, or otherwise objectionable content to Piksort or the Services, including content that: (a) is threatening, abusive, harassing, defamatory, vulgar, obscene, discriminatory, or hateful; (b) infringes any patent, trademark, trade secret, copyright or other intellectual property right or violates the rights of others in any way; (c) contains pornography or sexually explicit material; (d) is harmful to minors; or (e) promotes or provides instructional information about illegal activities or promotes physical harm or injury to any group or individual.

3. Data Protection

3.1 Processing of Customer Data. Piksort will only process and use Customer Data: (a) to provide, protect, and update the Services, (b) to enforce these Terms and exercise its rights hereunder, (c) as required by law, and (d) as otherwise instructed by Customer. Piksort may collect and use Customer Data on an aggregated and/or anonymized basis for Piksort’s internal business purposes; provided that Piksort will not use or share this data in a way that identifies any individual or Customer as the source of the data.
3.2 Data Processing. Piksort will process Personal Data in accordance with Customer requested modification, transfers, and deletions.
3.3 Security. Piksort will maintain an industry-standard information security program that consists of technical and organisational safeguards designed to protect Customer Data, including Piksort’s Security Measures. Notwithstanding the foregoing, Customer is responsible for maintaining the security and confidentiality of Administrator and Authorised User accounts, including account credentials such as usernames and passwords.
3.4 Subcontractors. Piksort may hire subcontractors to assist in providing the Services, provided that: (a) subcontractors who receive Customer Data will be subject to confidentiality obligations no less protective than those in these Terms; and (b) Piksort will remain responsible for its obligations under these Terms and for subcontractors’ use of Customer Data.

4. Payment

4.1 Fees. Customer agrees to pay the Fees in accordance with the payment terms set forth on the Order. Customer is responsible for paying applicable Taxes.
4.2 Renewals. Unless otherwise stated on an Order, each Subscription Term will automatically renew, unless Customer cancels their subscription at least 60 days prior to renewal. Customer authorises Piksort to charge Customer’s credit card on file or invoice Customer for each renewal until Customer cancels their subscription.
4.3 Downgrades. If Customer fails to pay Fees when they are due, Piksort may downgrade Customer to a free plan upon reasonable notice. If Customer is downgraded, Customer will lose access to certain features or functionality, but these Terms will continue to apply.
4.4 Price Changes. If Piksort increases its pricing, Piksort will provide at least 30 days’ prior notice, and the new pricing will go into effect on renewal. If Customer does not terminate its subscription before renewal, Customer authorises Piksort to collect payment for the increased pricing.

5. Confidentiality

5.1 Use. If the parties disclose Confidential Information to each other, the recipient will only use the disclosing party's Confidential Information to exercise its rights and fulfil its obligations under these Terms. The recipient will use at least reasonable care to protect Confidential Information.
5.2 Nondisclosure. The recipient will not disclose Confidential Information to anyone except to its affiliates, employees, agents, or contractors who need to know it and who are bound by confidentiality obligations at least as protective of Confidential Information as those described in this section. The recipient will be responsible for those parties’ breach of this section. A breach of this section may cause irreparable harm and entitle the disclosing party to injunctive relief.
5.3 Required Disclosure. The recipient may disclose Confidential Information to the extent required by law, provided that the recipient uses reasonable efforts to notify the disclosing party in advance and gives them an opportunity to contest the disclosure (except as described in Section 8). Confidential Information disclosed pursuant to this section will otherwise still be subject to the confidentiality obligations described above.

6. Intellectual Property Rights

6.1 Ownership. Except as expressly stated, these Terms do not grant any rights, implied or otherwise, to any intellectual property. Customer owns and will continue to own all intellectual property rights in Customer Data, and Piksort owns and will continue to own all intellectual property rights in the Services.
6.2 Licence. Customer grants Piksort a worldwide non-exclusive licence to access, use, process, copy, modify, distribute, perform, export, and display Customer Data solely to provide the Services or as otherwise described in these Terms. Customer represents and warrants that it has secured all necessary licences to provide the foregoing licence.
6.3 Feedback. If Customer or Authorised Users provide Feedback to Piksort, Piksort may use it without restriction or obligation.

7. Term & Termination

7.1 Term. These Terms will continue in effect until terminated as described below.
7.2 Termination for Convenience. Customer may terminate these Terms at any time by deleting Customer’s account, including all associated Administrator and Authorised User accounts.
7.3 Termination for Breach. Either party may terminate these Terms for material breach if the other party fails to cure the breach within 30 days’ notice.
7.4 Effect of Termination. Upon termination, Piksort may delete or anonymize all Customer Data within a commercially reasonable period of time, and each party will return or delete any other Confidential Information in its possession. Piksort will only provide a prorated refund of prepaid fees for the remainder of the Subscription Term if Customer terminates these Terms for Piksort’s material breach in accordance with Section 7.3.
7.5 Suspension. Piksort may suspend Customer’s access to the Services: (a) to the extent required by law, (b) to prevent injury, death, or a credible risk of harm to Piksort, the Services, or its users, or (c) for repeated violations of our terms and policies. If practicable, Piksort will use reasonable efforts to contact Customer and give Customer the opportunity to resolve the issue prior to suspension.
7.6 Survival. Terms that are intended by their nature to survive termination will survive, including confidentiality obligations, limitations of liability, and disclaimers.

8. Legal Process

If Piksort receives a request from law enforcement or another third party to provide data or information about Customer or its Authorised Users, Piksort will only respond to valid Legal Process to the extent required by law. Piksort will notify Customer of the request unless legally prohibited or notification would threaten the safety of an individual.

9. Support

9.1 Support Availability. Piksort is committed to providing support to its Customers. Piksort will make reasonable efforts to provide technical support and assistance regarding the Services. Support may be available through email, live chat, or other communication channels designated by Piksort.
9.2 Support Response Time. Piksort aims to respond to customer support inquiries promptly and provide a resolution within a reasonable time frame. However, response times may vary depending on the nature and complexity of the issue. Piksort will make commercially reasonable efforts to address and resolve support requests in a timely manner.
9.3 Limitations of Support. While Piksort strives to provide excellent customer support, there may be certain limitations to the support services it can offer. Support is limited to issues directly related to the functionality and proper operation of the Services. Support does not cover assistance with general computer or network issues, third-party applications, or customisation of the Services beyond the provided features and options.
9.4 Exclusions. Piksort does not provide support for issues arising from Customer's failure to comply with these Terms, including any prohibited actions or misuse of the Services. Additionally, Piksort is not responsible for providing support or assistance for any third-party applications or services used in conjunction with the Services.
9.5 Availability of Support Documentation. Piksort may provide online documentation, knowledge bases, tutorials, or other support materials to assist Customers in using the Services. Customers are encouraged to consult these resources for self-help and general guidance.
9.6 Modifications to Support. Piksort reserves the right to modify or discontinue the availability of certain support channels, response times, or support offerings at its sole discretion. Piksort will make reasonable efforts to inform Customers in advance of any significant changes to the support services.
9.7 No Guarantee of Issue Resolution. While Piksort will make every effort to resolve support requests, it does not guarantee that all issues will be resolved or that the Services will be error-free. The resolution of certain issues may depend on factors beyond Piksort's control, such as the Customer's technical environment or the availability of third-party services.

10. Warranty and Disclaimer

10.1 Limited Warranty. The Services will perform materially in accordance with Piksort’s Documentation. If Customer believes that this warranty has been breached, Customer must notify Piksort no later than 10 days following the date of the alleged breach. Customer’s sole and exclusive remedies for breach of this warranty are those described in Sections 7.
10.3 Beta Services. Customer may choose to use Beta Services in its sole discretion. Notwithstanding anything to the contrary, Beta Services: (a) may not be supported and may be changed or discontinued at any time; (b) may not be as reliable or available as the Services; (c) have not been subjected to the same security or compliance reviews as the Services; (d) are Piksort’s Confidential Information; and (e) ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY, INDEMNITY, OR SUPPORT AND PIKSORT’S LIABILITY FOR BETA SERVICES WILL NOT EXCEED FIFTY DOLLARS.

11. Indemnification

11.1 Indemnification by Piksort. Piksort will defend Customer from and against any third-party claim, action, demand, or proceeding alleging that Customer’s use of the Services as permitted under these Terms infringes or misappropriates a third party’s intellectual property rights, and will indemnify and hold Customer harmless for reasonable attorney’s fees incurred as well as damages and other costs finally awarded against Customer or agreed in settlement by Piksort resulting from the claim; provided, however, that Piksort will have no liability under this section if a claim arises from (a) Customer Data or any third-party product or service; (b) any modification, combination, or development of the Services that is not performed by or on behalf of Piksort; (c) Customer’s breach of these Terms; or (d) Beta Services or other services offered for free or evaluation use.
11.2 Indemnification by Customer. Customer will defend Piksort from and against any third-party claim, action, demand, or proceeding resulting from Customer Data or a violation of these Terms by Customer or its Authorised Users, and will indemnify and hold Piksort harmless for reasonable attorney’s fees incurred as well as damages and other costs finally awarded against Piksort or agreed in settlement by Customer resulting from the claim.
11.3 Possible Infringement. If the Services infringe or are alleged to infringe a third party's intellectual property rights, Piksort may: (a) obtain the right for Customer, at Piksort’s expense, to continue using the Services; (b) provide, at no additional charge, a non-infringing functionally equivalent replacement; or (c) modify the Services so that they no longer infringe. If Piksort does not believe the options above are commercially reasonable, Piksort may terminate Customer's use of the affected Services and provide Customer a prorated refund of prepaid fees for the remainder of the Subscription Term. Piksort will have no liability under this section if Customer continues the allegedly infringing activity after being notified and provided with a non-infringing functionally equivalent replacement.
11.4 Procedures. The party seeking indemnification will promptly notify the other party of the claim and cooperate with the other party in defending the claim. The indemnifying party will have full control and authority over the defense, except that: (a) any settlement that does not include a complete release of the indemnified party from all liability or that imposes any admission, obligation, or restriction on the indemnified party requires prior written consent, not to be unreasonably withheld or delayed and (b) the indemnified party may join in the defense with its own counsel at its own expense. The indemnities above are Customer’s only remedy for infringement of third-party intellectual property rights.

12. Limitation of Liability


13. Disputes; Class-Action Waiver

13.1. Jurisdiction and Venue. Subject to the dispute resolution provisions below, all claims and disputes relating to these Terms or the Services may only be brought in the federal or state courts of Western Australia. Both Customer and Piksort consent to venue and personal jurisdiction there. Notwithstanding anything to the contrary, if Customer represents an entity or institution subject to state law mandating different dispute resolution terms or governing law, Piksort agrees to such state law requirements.
13.2 Informal Resolution. Before filing a claim, Piksort must first be contacted through the notice procedures below. If a dispute is not resolved within 30 days of notice, a formal proceeding may be brought in accordance with this section.
13.3 Mandatory Arbitration. Any claims or disputes relating to these Terms or the Services must be resolved through final and binding arbitration, except as set forth below. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules. The arbitration will be in English and held in Perth, Western Australia.
13.4 Exceptions. A lawsuit may be filed in the federal or state courts of Perth, Western Australia solely for injunctive relief to stop unauthorised use or abuse of the Services or infringement of intellectual property rights without first engaging in the informal dispute resolution process described above.
13.5 NO CLASS ACTIONS. Disputes with Piksort may only be resolved on an individual basis and neither Customer nor any user will bring a claim in a class, consolidated, or representative action. The parties expressly waive any class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations.
13.6. Opt-Out. To opt out of these arbitration provisions (including the waiver of class and representative claims), Piksort must be notified by email at no later than 30 days after account registration, unless a longer period is required by applicable law.

14. Miscellaneous

14.1 Entire Agreement. These Terms supersede any prior agreements or understandings between the parties and constitutes the entire agreement between the parties related to access and use of the Services. The terms of the Order will control over these Terms to the extent there is a conflict. Any amendments must be in writing and signed by the parties. Notwithstanding anything to the contrary, no other terms or conditions in any Customer documentation or online vendor portals will apply to Piksort’s provision of the Services to Customer, unless expressly agreed to in writing by an authorised Piksort representative.
14.2 Modifications. Piksort may update these Terms by posting the updates to the Piksort website. If an update materially impacts Customer’s or its Authorized Users’ rights or obligations, Piksort will provide at least 30 days’ notice before the updated Terms go into effect. Any other revisions will become effective on the date the updated Terms are posted by Piksort. Continued use of or access to the Services after the updated Terms go into effect will constitute acceptance of those Terms.
14.3 Publicity. Upon prior written approval from Customer, Piksort may include Customer’s name and logo on its website or in other marketing materials or channels solely to reference Customer as Piksort customer, and subject to any trademark usage guidelines provided to Piksort. Customer may revoke its approval at any time.
14.4 Waiver and Severance. A waiver of any default is not a waiver of any subsequent default. Unenforceable provisions will be modified to reflect the parties' intention, but only to the extent necessary to make them enforceable, and the remaining provisions will remain in full effect.
14.5 Notices. Notices must be sent via first class post, airmail, or overnight courier and are deemed given when received. Notices to Customer may also be sent to the applicable Administrator account email address and are deemed given when sent. Notices to Piksort must be sent to 13 Petrea Place, Canning Vale WA 6155 Australia, attn: Legal, with a copy to
14.6 Assignment. These Terms may not be assigned without the prior written consent of the other party, except Piksort may assign these Terms to an affiliate or in connection with a merger, acquisition, corporate reorganisation, or sale of all or substantially all of its assets. Any other attempt to transfer or assign is void.
14.7 Governing Law. These terms will be governed by the laws of the state of Western Australia without regard to its conflict of laws principles.
14.8 Force Majeure. Except for payment obligations, no party will be liable for inadequate performance to the extent caused by a condition that was beyond the party's reasonable control (such as, natural disaster, terrorism, governmental action, or Internet disturbance).
14.9 Relationship of the Parties. The parties are independent contractors. These Terms do not create a partnership, joint venture, agency, fiduciary, or employment relationship between the parties.
14.10 Third-Party Beneficiaries. There are no third-party beneficiaries to these Terms.

15. Definitions

“Administrator” means an Authorised User designated by Customer to manage and control Customer’s and Authorised Users’ accounts.“Authorised User(s)” means Customer’s employees, agents, or other third parties authorised by Customer to access or use the Services.“Beta Service” means early access trials or releases of new features or services identified as “alpha,” “beta,” “preview,” “early access,” “evaluation,” or other words or phrases with similar meanings.“Confidential Information” means information exchanged by the parties that would reasonably be understood to be confidential given the nature of the information and manner of disclosure, including business, product, technology, and marketing information, Orders, discounts, non-public payment terms, audit reports, and Customer Data. Confidential Information does not include information that (a) is or becomes publicly known through lawful means; (b) was known to the recipient prior to disclosure without confidentiality obligations; (c) is received from a third party without breach of confidentiality obligations; or (d) was independently developed by the recipient without use of or access to any Confidential Information.“Customer” means the individual or organisation agreeing to these Terms, as described in Section 1.1.“Customer Data” means all video, audio, or transcription data, images, comments, emoji reactions, user support communications, or other content or information submitted or uploaded to the Services by or collected, stored, or processed by Piksort on behalf of Customer or its Authorised Users.“Documentation” means any documentation or materials provided to Customer as part of the Services.“Feedback” means any feedback or suggestions about the Services.“Fees” means the fees for the Services displayed on the Order, plus any applicable Taxes.“Legal Process” means an information disclosure or access request made under law, governmental regulation, court order, subpoena, warrant, governmental regulatory or agency request, or other legal authority, legal procedure, or similar valid process.“Order” means the order form agreed to by the parties or the applicable Piksort check-out webpage to purchase the Services.“Personal Data” means personal data or personal information contained within Customer Data.“Services” means Piksort’s video messaging services and website, including the Software, Documentation, tools, and services ordered by or provided to Customer in connection with the Services.“Software” means Piksort’s client software provided as part of the Services, such as mobile or desktop applications or browser extensions.“Subscription Term” means the applicable initial or renewal term for Customer’s provision of the Services identified in an Order.“Taxes” means all government-imposed taxes, levies, or duties, including value-added, sales, use, or withholding taxes, except for taxes based on Piksort’s net income.“Third-Party Apps” means any third-party applications, integrations, websites, products, or services that are linked in or that interact or interoperate with the Services, including any applications built by third parties using Piksort’s SDKs or other developer tools.“Workspace” means the workspace in a Piksort account as described on Piksort’s website.


Email us questions at