Terms of Service
The agreement between you and us.
A plain-language Terms of Service covering what pyxartis does, accounts, orders and payment, intellectual property, warranties, liability limits, and dispute resolution. For order-specific shipping and custody terms, see order terms.
Last updated: 2026-05-17
Acceptance of these terms
These Terms of Service are a binding agreement between you and pyxartis, a Colorado-based fine-art digitization studio. By creating an account, placing an order, shipping originals to our studio, or otherwise using our website and services, you agree to these terms. If you do not agree, please do not use the service.
We've written this document in plain language because we want you to actually read it. If anything is unclear or you'd like a custom written agreement before submitting work, email hello@pyxartis.com and we'll get it sorted before any originals leave your hands.
If you are accepting these terms on behalf of an organization (a museum, gallery, archive, insurance firm, estate, or any other entity), you confirm that you have the authority to bind that organization. In that case, "you" in this document means the organization.
These terms work alongside our order-specific agreements at /legal/order-terms, which cover inbound shipping, in-person drop-off, and return shipping. Where the order terms address a topic in more detail, those terms control for that topic; otherwise this document controls.
What pyxartis does (and what we don't do)
pyxartis is a fine-art digitization studio. We capture museum-grade digital files from physical originals and return both the originals and the resulting digital outputs to you.
Our core services are: film scanning (negatives, slides, transparencies, and prints across common formats); art reproduction (paintings, drawings, mixed media, and works on paper, captured for fine-art print or archival use); and insurance documentation (color-accurate, metadata-rich captures suitable for an insurer's records and condition baselines).
What we deliver. We return your physical originals by your chosen carrier or by in-person pickup at our studio, and we deliver digital master files through a secure download link that remains active for approximately 30 days after order completion. Extended digital storage is available as a paid add-on; if you don't elect it, we delete the files after the retention window closes.
What's out of scope. We do not appraise the monetary value of your work, we do not manufacture frames or matting, and we do not perform physical conservation or restoration of damaged originals. Our work is digital; any cleanup we perform happens in the digital file, not on the physical piece. We don't broker print production on behalf of the customer once files are delivered, though we are happy to recommend printers we trust.
Turnaround. Any turnaround estimate we quote begins when your originals are physically received and inventoried at our studio, not when you place the order or ship the package. We confirm receipt by email within one business day, and that confirmation is the start of the clock.
Accounts and access
You create a pyxartis account using your email address. We sign you in by sending a one-time link or code to that email (a "magic link") rather than asking you to remember a password. Your inbox is therefore your credential, and you are responsible for keeping it secure.
Accurate information. Please use a real email address that you control, and keep your shipping and billing details current. If your address changes between placing an order and our return shipment, email hello@pyxartis.com before we ship. We aren't responsible for delays or losses caused by stale account information.
One person per account. Each account should belong to a single person or, for an organization, a single named contact. Do not share magic links. If you need multiple people from one organization to access an order, email us and we'll work out the right structure.
Termination. We may suspend or close an account that violates these terms, that we reasonably suspect of fraud or abuse, or that submits materials we are not permitted to handle (see the prohibited uses section). Where we can do so safely, we will return any originals already in our custody before closing the account. You may close your account at any time by emailing hello@pyxartis.com; closing an account does not erase records we are required to keep for tax, accounting, or legal reasons.
Orders and payment
Placing an order is a two-step commitment. You tell us what you're sending and what services you'd like, you accept the price and these terms at checkout, and we begin the order when your originals are received at the studio. The price quoted at checkout is the price you pay; we will not add surcharges later without your explicit agreement.
Pricing. We charge per unit (per roll, per sheet, per piece) with volume-tiered discounts that the checkout calculates automatically. Quoted prices include the scanning or reproduction work itself; inbound shipping and any optional add-ons (extended storage, custom output sizes, expedited handling) are billed separately and disclosed at checkout.
Payment by customers. Standard customer orders are paid upfront via Stripe, using a credit card, debit card, or digital wallet. We do not store full card numbers; Stripe handles payment data under their PCI-compliant infrastructure.
Payment by partners. If you are part of one of our partner programs (Tiered Reseller, Community Advocate, Affiliate, or grandfathered Founding Partner), the pricing and payment terms specific to your program apply. Tiered Resellers are billed monthly via Stripe Invoicing; ACH and check are accepted at no surcharge, and card payments carry a 2.9% surcharge. Affiliate commissions and Community Advocate discounts are applied as documented in your partner agreement.
Taxes. Prices do not include applicable sales tax. Where we are required to collect sales or use tax, it is added at checkout based on your shipping address.
Refunds, shipping carve-outs, and damage claims. Refund eligibility, inbound and return shipping responsibilities, and damage-claim procedures are governed by the order-specific terms at /legal/order-terms. Please read those before submitting, because they cover the realities of working with physical originals in detail.
Intellectual property
You keep every right you came in with. You retain all rights to your physical originals, and you own the digital files we produce from them outright. We claim no copyright in your work or in our scans and reproductions of your work. You can print, license, sell, or archive them however you like, subject only to any third-party rights that apply to the underlying work itself (which are your responsibility, not ours).
What's ours. The pyxartis name, logo, website design, photography of our studio, written content on the site, and the software we've built (including the order and partner platforms) are our property and protected by copyright, trademark, and other laws. You may not copy, scrape, or reuse our content or marks without written permission, except for ordinary in-browser viewing.
Operational analytics. We use aggregate, de-identified information about throughput, volume, format mix, and turnaround to run and improve the business. We may publish this kind of aggregate information ("in 2025 we scanned X thousand negatives") because it never identifies a specific customer or original.
Marketing use of customer work. We will not use your originals, your scans, recognizable derivatives, or your name in any marketing material without your explicit written permission, ideally captured in a separate release. If you'd like to be featured, we'd love to talk about it; if not, your work stays private to your account.
Your originals and uploaded content
When you submit physical originals or upload digital files to your account, you are telling us that you own them or that you have permission from the rights holder to have them digitized. You also agree that we may carry out the services you've ordered on those materials, including making copies as a necessary part of scanning, color-matching, quality control, and delivery.
Handling of physical originals. We treat every original as if it were irreplaceable. Originals are stored in temperature- and humidity-controlled cabinets, handled with cotton gloves on dust-controlled surfaces, and only removed from sleeves or housings when actively being captured. See our order-specific terms at /legal/order-terms for the full handling and custody policy.
Digital file retention. We hold completed digital outputs in our secure storage and make them available to you through a download link for approximately 30 days from the date we mark the order complete. After that window, files are deleted from active storage. If you need longer retention, you can purchase an extended-storage add-on (rolling out as a paid upsell). We strongly recommend downloading and backing up your files to your own storage during the active window.
Backups during the active window. We keep redundant copies of in-progress and recently completed work as part of normal operations, but the 30-day window is the customer-facing retention promise. Do not treat us as your long-term archive.
Things you can't do with the service
Most of this section is common sense, but it's worth being explicit so there are no surprises.
Materials you don't have the right to digitize. Do not submit originals you do not own and do not have permission from the rights holder to copy. If we reasonably believe a submission infringes a third party's rights, we may refuse to begin work, halt work already in progress, and return the originals.
Illegal content. We will not knowingly digitize, store, or transmit material that is illegal under United States or Colorado law. This includes child sexual abuse material, which we are required to report to the National Center for Missing & Exploited Children and to law enforcement, and which we will refuse to service. It also includes material whose digitization or distribution would violate export-control or sanctions law.
Abuse of the site and platform. Do not attempt to reverse-engineer our software, scrape the site, hammer the API, bypass authentication or rate limits, probe for vulnerabilities without coordinating with us first, or use automated tools to interfere with normal service for other customers. If you've found a security issue, please report it to hello@pyxartis.com and we'll work with you.
Reselling. Do not resell pyxartis services to third parties unless you have an active, written Tiered Reseller agreement with us. Our partner programs exist precisely so that camera shops, photo labs, and similar businesses can offer our work under appropriate terms.
Brand misuse. Do not use the pyxartis name, logo, or any of our marketing assets in a way that suggests endorsement, partnership, or affiliation without written permission. Authorized partners may use the marks within the limits documented in their partner agreement.
What we warrant, and what we don't
What we do warrant. We will perform the services you've ordered with reasonable care and skill, applying museum-grade capture practices, color-accuracy verification against calibrated targets, and conservation-grade physical handling of originals while they are in our custody. If a delivered digital file fails to meet the technical specifications stated on the order (resolution, color profile, file format), we will redo the capture at no additional cost, provided the original is still available.
What we don't warrant. We do not warrant that a digital file will be suitable for every downstream use you have in mind. A capture sized for an 8x10 print is not warranted for billboard reproduction; an insurance-documentation scan is not warranted as a fine-art reproduction master without the corresponding service. We also cannot recover information that simply isn't in the original: a faded color slide will be faithfully captured as a faded color slide.
Damage that predates us. We do not warrant against, and are not responsible for, damage that exists at the time we receive the original. We document the condition of pieces at intake when feasible, and we will photograph any pre-existing damage we notice. The work as received is the work we can return.
Downstream printing. Once you take our files elsewhere for printing, framing, or further processing, we cannot warrant that the final printed result will match what you saw on our reference proofs. Print output depends on the printer's profile, paper, ink, and calibration. We're happy to recommend printers we've verified.
AS IS for everything else. Except for the warranties expressly stated in these terms, the service is provided on an "AS IS" and "AS AVAILABLE" basis. To the maximum extent permitted by law, we disclaim all other warranties, express or implied, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Limit of our liability
Our maximum liability to you under or related to these terms, for any cause whatsoever and regardless of the form of action, is limited to the total amount you paid us for the order at issue. This applies whether the claim sounds in contract, tort, statute, or otherwise.
No consequential damages. Neither party is liable to the other for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost goodwill, or the cost of substitute services, even if the party has been advised that those damages are possible.
High-value originals. We know that the order-total cap is not adequate coverage for many fine-art originals. If you are sending work whose replacement or insured value exceeds the order amount, please contact hello@pyxartis.com before shipping to put a custom written agreement in place. We can scope additional handling, declared value, separately purchased insurance, and a different liability cap appropriate to the piece.
Carve-outs. The liability limits in this section do not apply to (a) our gross negligence or willful misconduct, (b) our indemnification obligations, if any, expressly stated in a separate written agreement, or (c) any liability that cannot be limited or excluded under applicable law. Some jurisdictions do not allow certain limitations or exclusions; in those jurisdictions our liability is limited only to the extent permitted.
Indemnification
You agree to defend, indemnify, and hold harmless pyxartis and its owners, employees, contractors, and agents from and against any third-party claims, damages, losses, liabilities, and reasonable attorneys' fees arising out of or related to (a) your breach of these terms, (b) your submission of materials you did not have the right to submit or have digitized, (c) any third-party rights (including copyright, trademark, publicity, or privacy rights) implicated by your originals, and (d) any downstream use of the digital outputs we delivered to you, including any printing, publication, licensing, or distribution you undertake after delivery.
We will notify you promptly of any covered claim, give you reasonable control of the defense and any settlement negotiations (provided that you may not settle a claim in a way that imposes obligations on us without our written consent), and cooperate at your expense.
This section survives termination of these terms and the closure of your account.
Resolving disputes
Let's talk first. If something goes wrong, please email hello@pyxartis.com with a clear description of the issue and what outcome you're looking for. We will respond within a reasonable time, and we agree to negotiate in good faith for at least 30 days before either party starts a formal proceeding.
Binding arbitration. If we can't resolve a dispute informally, the dispute will be resolved by binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, with the seat of arbitration in Denver, Colorado. The arbitrator's decision is final and may be entered as a judgment in any court of competent jurisdiction.
Carve-outs from arbitration. Either party may bring an individual action in small claims court for claims that qualify there, and either party may seek injunctive or equitable relief in court to protect intellectual property rights, trade secrets, or confidential information. The arbitration requirement does not apply to those proceedings.
Class action waiver. To the extent permitted by law, any dispute will be brought in your or our individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate claims and may not preside over any form of representative proceeding.
Opt-out for consumers. If you are an individual consumer (not an organization or partner), you may opt out of the arbitration agreement and the class action waiver by emailing hello@pyxartis.com within 30 days of your first acceptance of these terms. Your email must include your full name, the email on your pyxartis account, and the words "opt out of arbitration". If you opt out, the rest of these terms still apply.
Governing law and venue
These terms, and any dispute arising out of or related to them or to the service, are governed by the laws of the State of Colorado, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Where arbitration applies under the dispute-resolution section, it will be conducted under the AAA Commercial Arbitration Rules with the seat in Denver, Colorado. Where a court proceeding is permitted (small claims, injunctive relief for IP, or enforcement of an arbitration award), the state and federal courts located in Denver, Colorado have exclusive jurisdiction, and you consent to personal jurisdiction and venue there.
Changes to these terms
We may update these terms from time to time as the service evolves, as our partner programs change, or as the law requires. When we do, we will revise the "Last updated" date at the top of this page, and the current version is always the version posted here.
Material changes. For changes that meaningfully affect your rights or our obligations (for example, changes to the liability limit, dispute resolution, or refund framework), we will email active account holders at the address on file at least 14 days before the changes take effect. Active accounts means accounts with an open order, an order completed in the previous 12 months, or an active partner agreement.
Your continued use of the service after the effective date of a change is your acceptance of the updated terms. If you don't agree with a change, please close your account before the effective date.
Contacting us
The fastest way to reach us about anything in this document, an order, a partner program, or a custom written agreement is email: hello@pyxartis.com. We read everything sent to that address.
You can also reach us by phone at (+1) 303.951.6893 during studio hours, which we publish on the contact page of the site.
Mailing address. pyxartis, 209 Kalamath St Unit 1, Denver, CO 80223, USA. This is the studio intake address — physical originals shipped to us should arrive here. If you'd like an appointment for in-person drop-off, email hello@pyxartis.com first to schedule.