Terms of Service

Last Updated: August 4, 2026

This policy is in English. If translated, the English version controls.

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Gregory Kirkendall, an individual trading as PixBack ("PixBack," "we," "us," or "our"), governing your access to and use of the PixBack desktop application (the "Software" or "Service").

By downloading, installing, accessing, or using PixBack, you agree to be bound by these Terms. If you do not agree, do not download, install, or use the Software.

You must be at least 18 years old, or the age of legal majority in your jurisdiction, to use PixBack.

2. Description of Service

PixBack is a desktop software application that assists users in backing up photos and videos stored on their local desktop machine to their own Google Photos account, using Google's official APIs and your own Google account credentials via OAuth authorization.

PixBack acts solely as a tool that facilitates a transfer process between locations you control (your local machine and your Google Photos account). PixBack does not host, store, retain, or maintain copies of your photos or videos on any PixBack-owned or PixBack-operated server or infrastructure. All content remains on your local device and/or within your Google Account at all times.

3. No Warranty; Disclaimer of Backup Reliability

THIS SECTION IS IMPORTANT. PLEASE READ IT CAREFULLY.

3.1. "AS IS" BASIS. The Software is provided strictly on an "AS IS" and "AS AVAILABLE" basis, without warranties of any kind, whether express, implied, statutory, or otherwise, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, reliability, or that the Software will be uninterrupted, error-free, or free of harmful components.

3.2. NO GUARANTEE OF SUCCESSFUL BACKUP. You expressly acknowledge and agree that:

PixBack does not guarantee that any backup, upload, sync, or transfer operation will complete successfully, in full, or without error;
Backup success depends on numerous factors outside PixBack's control, including but not limited to your internet connection, local hardware and storage integrity, operating system behavior, third-party software conflicts, Google Photos API availability, Google account status and storage quotas, and changes Google may make to its services or APIs at any time;
PixBack is not a substitute for maintaining independent backups of your photos, videos, or any other data. You are solely responsible for maintaining your own redundant backups of any content you value.

3.3. NO LIABILITY FOR DATA LOSS. To the maximum extent permitted by applicable law, PixBack, Gregory Kirkendall, and any affiliated contributors shall have no liability whatsoever for any loss, corruption, deletion, incompleteness, unauthorized access to, or unavailability of photos, videos, or other data, whether arising from use of the Software, a failed or partial backup, a bug or defect in the Software, interruption of service, action or inaction by Google or any third party, or any other cause, even if PixBack has been advised of the possibility of such loss.

3.4. YOUR RESPONSIBILITY. Before deleting or modifying any original photos or videos on your local device, you are solely responsible for independently verifying that those files have been successfully and completely backed up to your Google Photos account (or another location of your choosing). PixBack strongly recommends never relying on a single backup destination or method for content you cannot afford to lose.

4. Third-Party Services (Google Photos)

4.1. PixBack integrates with Google Photos through Google's publicly available APIs. Your use of Google Photos through PixBack is subject to Google's own Terms of Service and Privacy Policy, which you are responsible for reviewing and accepting separately.

4.2. PixBack has no control over, and disclaims all responsibility for, Google's servers, storage limits, pricing, API changes, account suspensions, service outages, or any other actions taken by Google that may affect your ability to store, access, or retrieve your content.

4.3. Your Google account credentials and authorization tokens are used solely to facilitate the transfer of content at your direction and are not collected, stored, or transmitted to PixBack's own servers unless explicitly disclosed in our Privacy Policy.

5. Payment and Subscription

5.1. PixBack is offered as a paid application. Payments are processed through Paddle.com Market Limited, our authorized reseller and merchant of record, who handles billing, payment processing, and applicable sales tax/VAT collection. Your payment information is subject to Paddle's own terms and privacy policy.

5.2. License fees, subscription terms, renewal terms, and refund eligibility will be presented to you at the time of purchase. Except where required by applicable consumer protection law, all fees are non-refundable once the license or subscription period has commenced.

5.3. We reserve the right to change pricing for future billing periods or license renewals with reasonable advance notice.

6. License Grant

Subject to your compliance with these Terms and payment of applicable fees, PixBack grants you a limited, non-exclusive, non-transferable, revocable license to install and use the Software on devices you own or control, solely for your personal or internal business use. You may not reverse engineer, decompile, resell, sublicense, or redistribute the Software except as expressly permitted by us in writing.

7. User Responsibilities

You agree that you are solely responsible for:

Ensuring you have the legal right to back up any content you process through PixBack;
Maintaining adequate device security, storage capacity, and internet connectivity;
Complying with Google's terms regarding acceptable use of Google Photos;
Verifying backup completeness before deleting or modifying original files;
Keeping the Software updated to the latest version we make available.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

8.1. In no event shall PixBack or Gregory Kirkendall be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to loss of data, loss of photos or videos, loss of profits, loss of goodwill, or business interruption, arising out of or related to your use of, or inability to use, the Software, even if advised of the possibility of such damages.

8.2. In no event shall PixBack's total aggregate liability arising out of or related to these Terms or your use of the Software exceed the total amount you paid to PixBack for the Software in the twelve (12) months preceding the event giving rise to the claim, or one hundred Australian dollars (AUD $100), whichever is greater.

8.3. Some jurisdictions do not allow the exclusion or limitation of certain damages or warranties. In such jurisdictions, the above limitations apply only to the maximum extent permitted by applicable law.

9. Indemnification

You agree to indemnify, defend, and hold harmless Gregory Kirkendall and PixBack from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with your use of the Software, your violation of these Terms, or your violation of any third-party right, including any right of Google or any third party whose content you process through the Software.

10. Termination

We may suspend or terminate your access to the Software at any time, with or without cause, including for violation of these Terms. Upon termination, your license to use the Software ends immediately. Sections of these Terms which by their nature should survive termination (including Sections 3, 8, 9, 11, and 12) shall survive.

11. Changes to These Terms

We may update these Terms from time to time. Material changes will be communicated through the Software or via the email associated with your account where practicable. Continued use of the Software after changes take effect constitutes acceptance of the revised Terms.

12. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of Australia, without regard to conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts of Australia for the resolution of any dispute arising out of or relating to these Terms or the Software.

13. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

14. Entire Agreement

These Terms, together with our Privacy Policy and any order/purchase terms presented via Paddle at checkout, constitute the entire agreement between you and PixBack regarding the Software and supersede any prior agreements.

15. Contact

Questions about these Terms can be directed to:

Gregory Kirkendall support@getpixback.com