Terms of Service

1. Agreement to Terms

By accessing or using PatchDesk ("the Service"), operated by PixelnPatch IT Services ("we," "us," or "our"), you agree to be bound by these Terms of Service. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these terms.

If you do not agree to these terms, you may not access or use the Service.

2. Description of Service

PatchDesk is a Professional Services Automation (PSA) and helpdesk platform designed for Managed Service Providers (MSPs). The Service includes tools for ticket management, client management, project tracking, invoicing, time tracking, and related business operations.

PatchDesk instances are sold and licensed to individual MSP organizations. Each organization receives a dedicated instance of the platform. Public self-service signup is not available; access is granted through a direct sales process with PixelnPatch IT Services.

3. License and Access

Subject to these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable license to access and use the Service for your internal business operations.

You may not:

• Sublicense, resell, or transfer access to the Service to third parties
• Reverse engineer, decompile, or attempt to extract the source code of the Service
• Use the Service to build a competing product or service
• Remove or alter any proprietary notices or labels on the Service
• Use the Service in any manner that could damage, disable, or impair the Service
• Use the Service to provide services to third parties as a bureau, hosted, or managed service offering

4. Your Account

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

You are responsible for ensuring that all users within your organization who access the Service comply with these Terms. You are liable for any breach of these Terms by your users.

5. Your Data

You retain ownership of all data you input into the Service ("Your Data"). By using the Service, you grant us a limited license to store, process, and transmit Your Data solely as necessary to provide the Service to you.

You are solely responsible for the accuracy, quality, and legality of Your Data, and for ensuring you have the rights to submit such data to the Service. You must not upload data that violates any applicable laws or third-party rights.

We implement reasonable technical and organizational measures to protect Your Data. However, no system is perfectly secure, and we cannot guarantee absolute security of Your Data.

6. Payment and Billing

Fees for the Service are agreed upon during the sales process and set out in your service agreement with PixelnPatch IT Services. All fees are due as specified in your agreement.

We reserve the right to suspend or terminate access to the Service for non-payment. We will provide written notice of at least 7 days before suspending or terminating access. During this period, you may export your data. If payment is not received within the 7-day notice period, access to the Service may be suspended immediately without further notice.

The monthly fee covers access to the Service as provided, including bug fixes, security updates, and general platform improvements that benefit all customers. Custom feature development, integrations specific to your organization, data migration services, and additional training are not included in the monthly fee and are quoted and billed separately at our standard rates.

7. Availability and Support

We strive to maintain high availability of the Service but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to maintenance, updates, or circumstances beyond our reasonable control.

Support is provided as outlined in your service agreement. We reserve the right to modify support offerings with reasonable notice.

8. Intellectual Property

The Service, including all software, designs, text, graphics, and other content, is owned by PixelnPatch IT Services and is protected by applicable intellectual property laws. These Terms do not grant you any rights to our intellectual property except for the limited license described herein.

9. Confidentiality

Each party agrees to keep confidential any non-public information of the other party that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information. This obligation does not apply to information that is publicly available, independently developed, or required to be disclosed by law.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PIXELNPATCH IT SERVICES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OF THE SERVICE.

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

12. Termination

Either party may terminate the Service agreement with notice as specified in your service agreement. Upon termination, your access to the Service will cease. We will provide you with a reasonable opportunity to export Your Data prior to termination.

We may suspend or terminate your access immediately if you breach these Terms or engage in any activity that we reasonably believe poses a security risk or legal liability.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Province of Alberta, Canada, without regard to its conflict of law provisions. Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts of Alberta, Canada.

14. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes by email or through a notice within the Service. Your continued use of the Service after such notice constitutes acceptance of the updated Terms.

15. Contact Us

If you have questions about these Terms, please contact us at: