Terms and Conditions
Last Updated: September 1, 2025
These Terms and Conditions ("Terms") govern your use of services provided by Flowspark, a trading name of PIXEL TRUE STUDIO PTE LTD ("Company," "we," "us," or "our"). By engaging our services, you ("Client," "you," or "your") agree to be bound by these Terms.
1. Services
Flowspark provides development and design services ("Services") on a subscription basis. The specific scope of Services will be outlined in your chosen subscription plan or project proposal.
2. Subscription Plans and Payment Terms
2.1 Billing Cycle: Our subscription plans are billed monthly on a recurring basis. Payment is due at the beginning of each billing cycle.
2.2 Payment Methods: We accept payment via credit card, debit card, or other payment methods as specified on our website.
2.3 Failed Payments: If a payment fails, we will attempt to process the payment again. If payment continues to fail, we reserve the right to immediately suspend or terminate your subscription. Upon termination due to non-payment, all intellectual property rights to any work performed after the failed payment shall remain with PIXEL TRUE STUDIO PTE LTD, and you will not be entitled to receive or use such work.
2.4 Price Changes: We reserve the right to modify our pricing with thirty (30) days' notice. Changes will take effect at the start of your next billing cycle.
2.5 Taxes: All fees are exclusive of applicable taxes, which you are responsible for paying.
3. Refund Policy
3.1 First-Time Customers: If you are a first-time customer of Flowspark, you are entitled to a full refund if requested within seven (7) days of your initial payment, no questions asked.
3.2 Existing Customers: Customers who have previously subscribed to our services are not entitled to refunds for subsequent subscriptions.
3.3 Discretionary Refunds: While we are not obligated to provide refunds beyond the terms outlined in Section 3.1, we may, at our sole discretion, offer partial refunds on a case-by-case basis. Any discretionary refund will be calculated on a prorated basis according to the unused portion of your current billing cycle.
3.4 Refund Processing: Approved refunds will be processed within fourteen (14) business days and credited to the original payment method.
4. Intellectual Property Rights
4.1 Client Content: You retain all ownership rights to any content, materials, or information you provide to us ("Client Content").
4.2 Transfer of Rights Upon Payment: Intellectual property rights to deliverables created specifically for you will transfer to you only while you maintain an active subscription plan with us or upon full payment for services rendered. If your subscription is terminated due to non-payment or cancellation, you must be current on all payments to retain rights to completed deliverables.
4.3 Retention of Rights for Unpaid Work: Any work performed during periods where payment is outstanding or after subscription termination due to non-payment shall remain the sole property of PIXEL TRUE STUDIO PTE LTD. You will have no rights to use, reproduce, or distribute such work.
4.4 Company Property: We retain all rights to our pre-existing intellectual property, including but not limited to templates, code libraries, frameworks, methodologies, and any proprietary tools or processes developed prior to or independent of your project.
4.5 Portfolio Rights: We reserve the right to display completed work in our portfolio and marketing materials unless otherwise agreed in writing.
5. Client Responsibilities
5.1 Content and Materials: You are responsible for providing all necessary content, materials, information, and access required for us to perform the Services in a timely manner.
5.2 Feedback and Approvals: You agree to provide timely feedback and approvals. Delays in providing feedback may result in project timeline extensions.
5.3 Accuracy: You warrant that all information and materials you provide are accurate, complete, and do not infringe upon any third-party rights.
5.4 Compliance: You are responsible for ensuring that your use of our deliverables complies with all applicable laws and regulations.
6. Project Timelines
6.1 Estimates: Any timelines provided are estimates only and may be subject to change based on project complexity and client responsiveness.
6.2 Scope Changes: Requests that fall outside the agreed scope of work may be subject to additional charges and timeline adjustments.
6.3 Delays Due to Client: Project timelines are contingent upon your timely provision of required materials, feedback, and approvals. Delays caused by you may result in project timeline extensions without liability to us.
7. Termination
7.1 Termination by Client: You may cancel your subscription at any time. Cancellation will take effect at the end of your current billing cycle, and no refunds will be provided for the remaining period unless you qualify under Section 3.1.
7.2 Termination by Company: We reserve the right to terminate your subscription immediately if you breach these Terms, fail to make payment, or engage in conduct that we determine to be harmful or inappropriate.
7.3 Effect of Termination: Upon termination, your access to Services will cease. We will provide you with any completed deliverables up to the termination date, subject to payment of all outstanding fees.
8. Limitation of Liability
8.1 Maximum Liability: To the fullest extent permitted by law, our total liability for any claims arising out of or related to these Terms or the Services shall not exceed the total amount paid by you to us in the three (3) months preceding the claim.
8.2 No Liability for Client Use: We shall not be liable for any damages, losses, or claims arising from your use or implementation of the deliverables, including but not limited to how you deploy, modify, integrate, or operate any websites, applications, designs, or other work products we create for you.
8.3 Excluded Damages: We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, business opportunities, goodwill, or anticipated savings, even if we have been advised of the possibility of such damages.
8.4 Service Interruptions: We do not guarantee uninterrupted or error-free Services and shall not be liable for any delays, failures, or interruptions in the Services.
8.5 Third-Party Claims: We are not responsible for any third-party claims arising from your use of the deliverables, including but not limited to copyright infringement claims, defamation claims, or claims related to the content you choose to publish.
9. Warranties and Disclaimers
9.1 Services Provided "As Is": Except as expressly stated in these Terms, the Services are provided "as is" and "as available" without warranties of any kind, either express or implied.
9.2 Professional Standards: We warrant that we will perform the Services in a professional and workmanlike manner consistent with industry standards.
9.3 No Guarantee of Results: We do not guarantee any specific results from the use of our Services or deliverables, including but not limited to website traffic, sales, conversions, search engine rankings, user engagement, or business outcomes. The performance of deliverables depends on numerous factors outside our control.
9.4 Client Testing Responsibility: You are responsible for thoroughly testing all deliverables before deploying them in a production environment. We recommend comprehensive testing across different devices, browsers, and use cases.
10. Indemnification
You agree to indemnify, defend, and hold harmless PIXEL TRUE STUDIO PTE LTD, its officers, directors, employees, contractors, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:
- Your breach of these Terms
- Your use or misuse of the Services or deliverables
- Your violation of any third-party rights, including intellectual property rights, privacy rights, or publicity rights
- Any content you provide or publish using our deliverables
- Your violation of any applicable laws or regulations
- Any disputes between you and your customers or users
11. Force Majeure
Neither party shall be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, governmental actions, or internet service failures.
12. Dispute Resolution
12.1 Governing Law: These Terms shall be governed by and construed in accordance with the laws of Singapore, without regard to its conflict of law provisions.
12.2 Exclusive Jurisdiction: You irrevocably agree that the courts of Singapore shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or the Services. You waive any objection to proceedings in such courts on the grounds of venue or on the grounds that proceedings have been brought in an inconvenient forum.
12.3 Informal Resolution: Before initiating formal proceedings, the parties agree to attempt to resolve any disputes through good-faith negotiations for a period of thirty (30) days.
13. General Provisions
13.1 Entire Agreement: These Terms constitute the entire agreement between you and PIXEL TRUE STUDIO PTE LTD regarding the Services and supersede all prior agreements and understandings.
13.2 Amendments: We reserve the right to modify these Terms at any time. We will notify you of material changes via email or through our website. Your continued use of the Services after such changes constitutes acceptance of the modified Terms.
13.3 Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
13.4 Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
13.5 Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.
13.6 Third-Party Services: Our Services may integrate with or rely on third-party services. We are not responsible for the performance, terms, or privacy practices of such third-party services.
13.7 Survival: Sections 4 (Intellectual Property Rights), 8 (Limitation of Liability), 10 (Indemnification), and 12 (Dispute Resolution) shall survive any termination or expiration of these Terms.
13.8 Independent Contractor: The relationship between you and PIXEL TRUE STUDIO PTE LTD is that of independent contractors. Nothing in these Terms shall be construed to create a partnership, joint venture, agency, or employment relationship.
13.9 Electronic Communications: You consent to receive electronic communications from us, including emails and notifications through our platform. You agree that all agreements, notices, disclosures, and other communications that we provide electronically satisfy any legal requirement that such communications be in writing.
14. Contact Information
If you have any questions about these Terms, please contact us at:
PIXEL TRUE STUDIO PTE LTD
Trading as Flowspark
Email: andy@flowspark.co
By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.