Terms of service
Terms of Service
Last Updated: October 23rd, 2025
THESE TERMS ARE IMPORTANT AND AFFECT YOUR LEGAL RIGHTS. PLEASE CAREFULLY READ THIS TERMS OF SERVICE PRIOR TO ACCESSING OUR WEBSITE OR PURCHASING OUR SERVICES. THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER. PLEASE READ THESE TERMS, THE ARBITRATION PROVISION, AND THE CLASS ACTION WAIVER SO THAT YOU ARE AWARE OF YOUR LEGAL RIGHTS.
Section 1 – Introduction & Consent to Terms.
This Terms of Service (referred to herein as the “Terms”) is an agreement between you, the user of our Website (as defined below) or our Services (as defined below) (referred to herein as “you”, “your”, or “user”) and Human Standard, Inc., a Delaware corporation dba Pigment (referred to herein as “Pigment”, “we”, “us”, or “our”). These Terms apply to all users of our Website https://pigment.is/ (our “Website”) and users who purchase one or more of our online goods or services, which are more particularly found on our Website (referred to herein as our “Services”).
If you do not agree to these Terms, we ask that you please not use our Website or purchase our Services. Use of our Website or purchase our Services constitutes explicit acceptance of these Terms.
If you are using our Website or our Services on behalf of an entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf and that such entity agrees to be responsible to us if you or the entity violates these Terms.
We reserve the right to modify the contents of these Terms at any time, upon thirty (30) days’ written notice. You agree that it is your responsibility to monitor changes to these Terms. Any modification to these Terms will be notated at the top of this Terms and will also be communicated to you in writing. Failure to terminate these Terms and the underlying relationship, in writing, within thirty (30) days after notification of an update or modification to these Terms will constitute explicit acceptance by you any all such modifications or changes. If you are purchasing our Services or additional Services, you will be agreeing to the most up-to-date version of these Terms.
You acknowledge and agree that by clicking on the button labeled “DOWNLOAD”, “PLACE MY ORDER”, “I ACCEPT”, or such similar links as may be designated by Pigment, you are submitting a legally binding electronic signature and entering into a legally binding contract. You acknowledge that your electronic submission constitutes your agreement and intent to be bound by these Terms. Pursuant to any applicable statutes, regulations, rules, ordinances, or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”), YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH OUR WEBSITE OR SERVICES OFFERED BY PIGMENT. Further, you waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
For clarity, all references to the term ‘purchase’ herein refers to the purchase of a license to use the Pigment Materials (as defined below), which are not being transferred to you outside of license rights, as more fully set forth in these Terms. We do not sell or transfer title to the Pigment Materials with your purchase of our Services.
Thank you and we look forward to assisting you!
Section 2 – Services Disclaimer.
By signing up for our Services, you expressly understand and agree that Pigment does not and cannot make any guarantees of any kind with respect to your use of our Services or the benefits you may obtain from using our Services. Our Services are designed to equip users with informational, tools, insights, and actionable analyses. Pigment does not guarantee specific results, including but not limited to securing employment, achieving career advancement, improving job performance, or attaining any other professional or personal outcomes as a result of using our Services.
The content, tools, and analyses provided through our Services are for informational purposes only. They are not intended to serve as professional advice, including but not limited to career counseling, financial advice, or legal guidance. You are solely responsible for any decisions or actions taken based on the information or insights provided by our Services. We strongly recommend consulting with qualified professionals, speaking with family, and taking some time before making significant career or financial decisions.
Your use of our Services is at your own discretion and risk, and any decisions made based on the outputs of our Services are your sole responsibility. All information that we provide you on our Website or in connection with our Services is general informational in nature.
Section 3 – Background & Eligibility.
Our Website and our Services are not intended for or directed to persons under the age of eighteen (18). If you are under the age of eighteen (18), you are not permitted to access our Website or use our Services.
To register for our Services, you are required to sign up and provide a variety of information including, without limitation, your name, contact information, current address, payment or bank information, and other information required by Pigment.
By using our Services, you represent and warrant that all information submitted is true and correct to the best of your knowledge.
Your use of our Services involves the use of hardware, software, and access to the internet. These system requirements may change from time to time. You acknowledge and agree that all system or internet requirements for our Services is/are your sole responsibility, and you acknowledge and agree that failure to comply with all hardware, software, and internet requirements is not the responsibility of Pigment.
You are solely responsible for maintaining confidentiality of your password and account information and are responsible for all activity that takes place on your account.
We may suspend or terminate your access to our Services or Website at any time, with or without notice, for conduct that we believe violates these Terms or is otherwise harmful to Pigment, other users, or third parties.
Section 4 – Our Services and Pigment Materials.
Pigment offers a variety of assessment tools, digital products, software, and coaching (referred to herein as the “Pigment Materials”), more particularly described on our Website.
By signing up for our Services, you will gain access to those Pigment Materials provided to you by Pigment in accordance with these Terms, based on the specific product(s) or service(s) that you purchase. As outlined herein, the Pigment Materials are and will remain owned by Pigment. No transfer of any kind in or to the Pigment Materials shall result from these Terms, your use, or otherwise, except for the license granted to you.
Upon purchasing or subscribing to our Services, Pigment grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Pigment Materials solely for your personal, non-commercial purposes, in accordance with these Terms. This license does not permit you to (a) copy, modify, distribute, or create derivative works of the Pigment Materials; (b) share, sell, or otherwise transfer access to the Pigment Materials to any third party; (c) use the Pigment Materials for any commercial purpose without prior written consent from Pigment; or (d) attempt to reverse-engineer, decompile, or otherwise access the source code or underlying structure of any software included in the Pigment Materials. Pigment reserves the right to terminate this license at its sole discretion if you violate these Terms.
Your purchase of our Services includes a license to use the Pigment Materials, in accordance with these Terms. You do not gain ownership rights to the Pigment Materials when you purchase our Services.
Section 5 – Your Materials and Confidentiality of your Materials.
Through our Services, you may be sharing with us certain information related to yourself (herein the “Client Materials”). At all times, your Client Materials will be and remain owned by you.
Pigment agrees that it will not (a) use your Client Materials in any manner outside of providing you with our Services; and (b) will not share your Client Materials with any third-parties, except as necessary to provide you with our Services, or as otherwise permitted by our Privacy Policy.
We take the confidentiality of our client’s information and materials seriously and agree to treat the confidentiality of your Client Materials as if it were our own confidential information.
Section 6 - Terms of Sale and Payment.
All prices shown for our Services are shown in U.S. Dollars. The cost of our Services is found on our Website at the time of purchase.
Before submitting an order for our Services, you will be shown an order confirmation screen describing the inclusions of your order. It is your responsibility to ensure that everything is correct prior to ordering our Services.
When you provide payment information, you represent and warrant that the information you provide is accurate, that you are authorized to use the payment method provided, and that you will notify Pigment of changes to the payment information. We reserve the right to utilize third party payment card updating services to obtain current expiration dates on credit cards and debit cards.
By providing a credit or debit card, you represent and warrant that you authorize us to charge your payment method for all charges you incur in connection with your Services. You agree that you are responsible to pay for and will pay for all such charges.
Failure to pay all monies owed, in full, will cause that all past-due amounts to accrue interest at three percent (3%) per month until paid in full. If you fail to pay any monies due to Pigment, Pigment reserves the right to terminate your access to our Services. Pigment reserves the right to transfer your invoice, account, and any past-due payments to a collection agency or attorney. If your invoice, account, and any past-due payments is transferred to a collection agency or attorney, Pigment shall be entitled to recover all costs and fees in collecting your past-due balance, including all reasonable attorneys’ fees.
We do not permit chargebacks.
If you charge back a payment made to Pigment and Pigment wins the dispute, in addition to other amounts owed hereunder, you agree to pay: (i) our reasonable administrative costs, or (ii) a five-hundred-dollar ($500.00) administrative fee, whichever is lower. You agree that charging you for losing a chargeback dispute is not a penalty but is instead ‘liquidated damages’ based on the estimated time, energy, and costs (such as labor) required to deal with your chargeback. You agree that these liquidated damages are reasonable and were negotiated by you and agreed to prior to agreeing to these Terms.
Section 7 – Return/Refund Policy.
We are committed to ensuring your satisfaction with our Services. Refunds are only available if our Services have been 100% completed, meaning the full assessment has been taken and the final results have been generated and accessed. This policy ensures you can fully evaluate the tool before deciding on a refund, while including safeguards to prevent abuse.
To be eligible for a refund for our Services, the following conditions must be met:
(1) Refund requests must be submitted within 30 calendar days from the date of purchase;
(2) A valid proof of purchase must be provided with the refund request;
(3) Refunds are only available if the Services have been 100% completed; the entire assessment must be fully completed, and the final report must have been generated and accessed by you;
(4) After completing the full Services and receiving your final report, you were dissatisfied with the Services, and advise us of your dissatisfaction, in writing;
(5) Refund requests will only be processed for the original purchaser, and accounts showing evidence of shared access may be ineligible for a refund; and
(6) To prevent abuse of this return policy, refunds will not be issued if we determine that our Services were used with the intent to exploit the refund process, such as completing the Services solely to obtain a refund while retaining the benefits of the assessment.
To request a refund for our Services, please email us at hello@pigment.is.
Upon approval, refunds will be processed within 7-10 business days to the original payment method used for the purchase, including the full purchase price and any applicable taxes.
Section 8 – Community Guidelines.
All users agree to be bound by the following community guidelines:
● At all times, treat others the way you would like to be treated;
● Keep communications, at all times, professional and respectful;
● Refrain from using inflammatory, aggressive, or hostile language; and
● Do not treat other users differently based on their immutable characteristics.
You are prohibited from using our Website or our Services:
● for any unlawful purpose;
● to solicit others to perform or participate in any unlawful acts;
● to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; or
● for any obscene or immoral purpose.
In addition, we do not permit the following conduct on our Website or in connection with our Services:
· Is illegal, or promotes or facilitates illegal activities, including but not limited to terrorism or violent extremism, activities that constitute criminal offenses, or drug trafficking or distribution;
· Contains explicit, inappropriate, or offensive material, including pornographic content, nudity, violence or gore, or content that offends human dignity;
· Is harmful to or exploitative of minors, including images or likenesses of minors who are not fully clothed or are depicted in any sexual context and material that could be psychologically or emotionally damaging to minors;
· Harasses, threatens, or harms others, including conduct that: promotes hatred, bigotry, or discrimination based on race, gender, sexual orientation, religion, or other protected characteristics, encourages self-harm or dangerous activities, is designed to harass, intimidate, bully, or cause emotional distress, or contains abusive or threatening language;
· Violates intellectual property or privacy rights, including content you don't own or have permission to use, images or likenesses of others without proper consent, including parental/guardian consent for minors, unauthorized copies of copyrighted material;
· Involves commercial or fraudulent activities, such as advertising or promotional content, solicitation for services, scams or attempts to deceive users, or impersonation or inauthentic behavior;
· Contains harmful technical elements, including malware, viruses, or corrupt files, spyware or adware, trojan horses or worm programs, code designed to damage or interfere with systems or data, content aimed at disrupting our Website or our Services;
· Misuses our platform through spam or junk mail, content inconsistent with the App's intended use, material harmful to our reputation, or violations of our Community Guidelines; or
· Contains false or misleading information, including defamatory or libelous statements, deliberately untrue or deceptive content, or misrepresentation of facts
We reserve the right to terminate your use of our Website or our Services for violating any of these community guidelines.
Section 9 – Third-Party Services and Coaching Services.
When you purchase our Services, you may gain access to coaching, mentorship, or other community-based support through various third-party platforms that Pigment may make available, such as the Pigment Slack community, forums, or other collaborative tools, designed to facilitate interaction, knowledge-sharing, and networking among users and contributors to enhance your experience with our Services.
Please be advised that while Pigment may create, manage, or moderate these third-party platform groups (e.g., Slack communities, discussion boards, or other communication channels), the individuals providing insights, recommendations, or coaching on these platforms are not employees, agents, or representatives of Pigment. These contributors are typically other users, independent professionals, or community members who participate voluntarily, and their actions, advice, or inactions do not represent Pigment and cannot legally or contractually bind Pigment in any way.
As a user, you are solely responsible for your actions, conduct, and interactions on these third-party platforms, including the content you share, the advice you choose to follow, and your engagement with other users. Pigment encourages respectful, professional, and lawful behavior but does not assume liability for user-generated content or interactions, and you should exercise due diligence and caution when acting on any information or recommendations provided by other users.
Participation in any Pigment-affiliated third-party platform is a privilege, not a right, and Pigment reserves the right, in its sole discretion, to suspend, restrict, or terminate your access at any time for reasons including violation of these Terms or any applicable community guidelines, conduct deemed inappropriate, illegal, immoral, unethical, or harmful to the community or Pigment’s reputation, disruption of the purpose for our Services or the experience of other users, or any other reason Pigment deems appropriate, with decisions regarding warnings, temporary suspensions, or permanent bans being final and potentially enforced without prior notice.
All information, advice, or recommendations provided on third-party platforms, such as Slack, are for informational purposes only and do not constitute professional services, including legal, financial, tax, or investment advice; Pigment does not endorse, verify, or guarantee the accuracy, reliability, or suitability of such information, and you should not solely rely on it for decision-making but are encouraged to seek professional advice from qualified experts when necessary.
Any content you share on these platforms, such as ideas, suggestions, or feedback, remains your responsibility, and while Pigment does not claim ownership, by participating, you grant Pigment a non-exclusive, royalty-free license to use, reproduce, or distribute such content for the purpose of operating and promoting our Website or Services; you are advised to avoid sharing confidential or proprietary information, as Pigment cannot guarantee the confidentiality of information shared on public or semi-public third-party platforms.
Your use of third-party platforms (e.g., Slack, Discord, or other tools) is also subject to the terms of service, privacy policies, and community guidelines of those platforms, for which Pigment is not responsible, and you are encouraged to review the applicable terms and policies before participating. Pigment shall not be liable for any damages, losses, or disputes arising from your use of third-party platforms, including issues related to user interactions, the accuracy of shared information, or technical issues with the platform itself, and by participating, you acknowledge and accept these risks.
For any questions or concerns regarding Pigment’s third-party platform communities, please contact our support team as outlined in this Agreement.
Section 10 – Subscription Terms and Subscription Cancellation.
If you enroll in a subscription for our Services (herein a “Subscription”), you expressly acknowledge and agree that your Subscription is continuous until you cancel it or we suspend or terminate your Subscription, subject to applicable law.
The cost of a Subscription can be found on our Website at the time of your purchase. Each Subscription is recurrent and will automatically renew without any action by you, subject to applicable law. If you want to terminate your Subscription, you are required to contact Pigment prior to the start of a new Subscription period, subject to applicable law.
**Please be aware that if you live in California, or other state that adopts an ‘express affirmative consent’ rule or regulation, prior to the renewal of your Subscription, we will send you an email or other written communication reminding you of the renewal of your Subscription, requiring express affirmative consent to the renewal. If you do not provide ‘express affirmative consent’, your Subscription will terminate, and you will not be able to access our Services without re-activating our Services. Re-activation may require the payment of additional monetary compensation**
IF YOU ARE ENROLLED IN A SUBSCRIPTION, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU WILL BE CHARGED FOR YOUR SUBSCRIPTION IN ACCORDANCE WITH THE TERMS AND FREQUENCY OF YOUR SUBSCRIPTION YOU EXPRESSLY ACKNOWLEDGE, AGREE, AND UNDERSTAND THAT: (I) PIGMENT OR OUR THIRD-PARTY PROCESSOR ARE AUTHORIZED TO CHARGE YOU ON A MONTHLY OR OTHER BASIS FOR YOUR SUBSCRIPTION FOR AS LONG AS THE SUBSCRIPTION CONTINUES OR IS MODIFIED CONSISTENT WITH THESE TERMS; AND (II) YOUR SUBSCRIPTION WILL CONTINUE IN PERPETUITY UNLESS CANCELLED OR SUSPENDED, SUBJECT TO APPLICABLE LAW. Failure to keep a valid payment method or failure to use OUR SERVICES does not constitute cancellation of a Subscription and your subscription will continue until cancelled in accordance with these Terms, SUBJECT TO APPLICABLE LAW.
You are able to cancel your Subscription by providing written notice to us: (i) through your account, or (ii) via email. Oral cancellation is not effective.
If your cancellation occurs after a payment date, your cancellation request will be processed with the next scheduled PAYMENT DATE. You are solely responsible for all charges, including taxes, incurred with respect to any Subscription processed prior to cancellation. Unless otherwise agreed, no partial SUBSCRIPTION TERMS shall be permitted under these Terms.
Cancellation does not alter any payment obligations incurred prior to termination.
Section 11 - Intellectual Property and Limited License to Use our Website and the Pigment Materials.
The contents of our Website and our Pigment Materials are protected by United States and international copyright laws. The contents of our Website and our Pigment Materials are owned exclusively by Pigment or licensed to us.
You may not, and may not cause or encourage others to, reproduce, distribute, display, sell, transfer, assign, license or use for commercial purposes any copyrighted material on our Website or our Pigment Materials (the “Intellectual Property”) without our prior written consent. All rights not expressly granted in these Terms are reserved to Pigment.
Pigment and its name, logos, slogans, or otherwise are trademarks or service marks ("Marks") of Pigment. All rights in these Marks are reserved by Pigment. You may not use any Pigment-provided Marks or other logos or graphics, without our prior written consent.
We grant you a limited, revocable, non-transferable, and non-exclusive license to access and make use of our Website and our Pigment Materials consistent with the purposes set forth herein. This limited license does not include the right to: (a) republish, redistribute, transmit, sell, license, or create derivative works from our Website, the Pigment Materials, or any and/or all content except as is necessary to view and/or use our Website or Pigment Materials in connection with the purposes as set forth herein; (b) make use of the Website, our Pigment Materials, or any and/or all content other than uses consistent with the Services or exploring the Services; (c) modify, reverse engineer or create any derivative works based upon either our Website, our Pigment Materials, or any content found therein; or (d) use Pigment Materials robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.
Any unauthorized use by you of our Website or our Pigment Materials automatically terminates this license without prejudice to any other remedy provided by applicable law or these Terms.
If you breach this Section, you agree that Pigment shall be entitled to recover from you all costs and fees in enforcing its rights hereunder, including all reasonable attorneys’ fees. If you are an entity, you will be responsible for the conduct of your users in breach of this Section.
Section 12 – Your Submissions.
If you send submissions, including ideas or suggestions relating to improving, changing, or altering our Services or the Pigment Materials (collectively “Submissions”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any Submissions that you forward to us.
This does not include any confidential, personal, or specific company information that you send to us.
We are and shall be under no obligation (1) to maintain any Submissions in confidence; (2) to pay compensation to you for any Submissions; or (3) to respond to any Submissions. By you submitting Submissions to us, you hereby transfer and assign any claim to any rights that you may have had in those Submissions and do so with full acknowledgment of the same.
You agree that your Submissions will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. We take no responsibility and assume no liability for any Submissions submitted by you.
Section 13 – Third-Party Sites.
Our Website or Services may contain links to third-party websites or may encourage you to engage other users on third-party websites that are not owned or controlled by us. Pigment has no control over, and assumes no responsibility for, the content, privacy policies, or business practices of any third-party companies or persons. We strongly encourage you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
By using our Platform, you expressly waive Pigment, our employees, agents, owners, and principals from all liability arising from your use of any content, plans, or services provided by third-parties.
YOU AGREE THAT PIGMENT WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE WEBSITE OF A THIRD-PARTY.
Section 14 – Opt-In to Electronic Communications.
By signing up for our Services and providing Pigment with one or more forms of communication, you explicitly consent to receive marketing and other communications related to our Services, current business purposes, and future business purposes.
Consent to receiving marketing and other communications from Pigment is not a requirement of using our Services.
You are able to terminate this consent by (a) responding to the email or other communication you receive; or (b) by sending us an email to the email address listed on our Website.
Section 15 – Term & Errors.
These Terms will remain active and in full force and effect so long as they are posted on our Website.
Occasionally there may be information on our Website or within the Pigment Materials that contains typographical errors, inaccuracies or omissions that may relate to pricing, information, or services offered. We reserve the right to correct any errors, inaccuracies, or omissions, at any time.
Section 16 - Data Security.
Pigment will maintain and enforce information and data privacy and security procedures with respect to its access, use and storage of all Data (as defined below) that (a) are at least equal to industry standards, and (b) comply with applicable federal, state, and local laws. For purposes of these Terms, “Data” means all information provided by users.
Pigment will promptly report to you any breaches of security or unauthorized access to Pigment systems that Pigment detects or becomes aware of. Pigment will use diligent efforts to remedy such breach of security or unauthorized access in a timely manner.
By agreeing to these Terms, you understand and acknowledge that no security system is impenetrable and subject to Pigment’s negligence, Pigment shall have no liability for a security breach involving Data.
We may use your Data for other reasons consistent with our Services.
Finally, our full Data policy is located on our Privacy Policy.
Section 17 – General Disclaimers.
OUR website AND SERVICES are provided 'as is' and, to the extent permitted by applicable law, Pigment and its OWNERS, directors, officers, employees, agents, representatives, licensors, third party providers and affiliates, exclude all representations or warranties of any kind, express or implied including, but not limited to, implied warranties of merchantability, satisfactory quality, and fitness for a particular purpose.
WE DO NOT AND CANNOT GUARANTEE PERFECT AVAILABILITY OF OUR WEBSITE OR OUR Services, which MAY BE INACCESSABLE, IN FULL OR IN PART, FROM TIME TO TIME. BY USING oUR WEBSITE OR OUR SERVICES, YOU ACKNOWLEDGE AND AGREE THAT OPERATING AN ONLINE PLATFORM IS LIKE OWNING A LUXURY VEHICLE – UNEXPECTED ISSUES DO ARISE FROM TIME TO TIME AND SHOULD BE EXPECTED. YOU WILL NOT HAVE UNINTERRUPTED SERVICE OF OUR WEBSITE OR THE PIGMENT MATERIALS AT ALL TIMES.
Pigment does not and cannot make any guarantees of any kind with respect to your use of our Services or the benefits you may obtain from using our Services.
We expressly disclaim any liability for loss or damage sustained by you as a result of USING our Website or our serviCes.
Section 18 – Limitation of Liability.
WE SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THE TOTAL AMOUNT PIGMENT RECEIVED IN CONNECTION WITH YOUR USE OF OUR SERVICES.
YOU AGREE THAT NO CLAIMS OR ACTION IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) ARISING OUT OF, OR RELATED TO, THE USE OF OUR WEBSITE, OUR SERVICES, OR THESE TERMS MAY BE BROUGHT MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE.
Nothing in these Terms limits liability for fraud, gross negligence, willful misconduct, or any liability that cannot be excluded by law.
IF YOU ARE DISSATISFIED WITH OUR SERVICES, YOU ARE NOT REQUIRED TO CONTINUE TO USE OUR SERVICES.
Section 19 – Indemnification.
You agree to defend, indemnify and hold Pigment, its agents, employees, directors, officers, owners, etc. harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any claim, action, or demand arising from (i) your breach of these Terms; or (ii) breach of applicable law.
Section 20 – General Provisions.
Entire Agreement. These Terms contains the entire agreement between you and Pigment, except for any Service or pricing related offerings on our Website.
Waiver. The failure by Pigment to enforce any provision of these Terms shall not be construed as a waiver or limitation of our right to subsequently enforce and compel strict compliance with every provision of these Terms.
Assignment. You may not assign, pledge, delegate, or otherwise transfer any of your rights or obligations under these Terms without Pigment’s prior written consent.
Relationship. Nothing in these Terms shall create, or is intended to create an agency, employment, franchise, joint venture, or partnership relationship between you and Pigment.
Applicable Law/Dispute Resolution. These Terms shall be governed by the laws of the State of New York. Except for our ability to enjoin you from taking action or other equitable relief, or a claim that can be brought in the applicable small claims court, all disputes arising from or related to these Terms, your use of our Services, or your use of our Website shall be subject to mandatory binding arbitration in New York, New York, in accordance with the American Arbitration Association’s (“AAA”), pursuant to the Commercial Arbitration Rules of the AAA and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website, www.adr.org.
Class Action Waiver. To the extent permitted by applicable law, you and Pigment agree that any dispute arising out of these Terms or the Services provided by Pigment is personal to you and Pigment and that any disputes, if any, will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of similar proceeding.
Severability. If any provision of these Terms shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If an arbitrator or panel of arbitrators finds that any provision of these Terms is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
Section 21 – Questions?
For any questions related to these Terms or our Services, feel free to email us at hello@pigment.is.