KMP-2026-10-31-v3 / Legal information

Website and Client Service Terms

Version KMP-2026-10-31-v3 · Last updated 31 October 2026.

KISS MY PIXEL (Pty) Ltd, trading as Kiss My Pixel or KMP, is a South African private company serving clients worldwide, registration 2024/763508/07. Director and business contact: Mighael Basson. Business and legal-service address: 22 Karee Street, Irene, Centurion, 0157, South Africa. Email: mig@kiss-my-pixel.com. Website: kiss-my-pixel.com. Privacy enquiries may be addressed to Mighael Basson at the same email and address. This does not claim Information Officer registration or industry accreditation.

These terms apply only when made available and agreed as part of the transaction. A separately signed project agreement controls where it expressly varies them; the accepted scope controls deliverables, prices and dates; the checkout description and these terms apply to remaining matters. Mandatory rights prevail. The Privacy Policy explains processing and is not a privacy-rights waiver. Whop terms apply to its platform/payment services without replacing KMP's obligations for its work. Keep the accepted terms, checkout receipt and scope; we will supply an accessible copy on request. Later changes do not retrospectively change orders.

You must be at least 18 and authorised to order for the named client. Identify any organisation you represent; this alone does not make you personally guarantee its debts. Review and correct the scope, currency and total before paying. Payment does not authorise extra charges. The order confirmation records the purchase; the brief records instructions and does not verify payment. We will clarify a manifest pricing error or scope conflict and obtain agreement or refund work we cannot fulfil, rather than unilaterally increase an accepted price. A business purchase does not automatically remove statutory protections.

Your package or written scope defines quantities, maximum duration, scenes, formats, revisions and services. Samples illustrate style, not permission to copy another party's work. Unless expressly included, services exclude ad placement/spend, ongoing management, extra languages/formats, source files, raw generations, prompt libraries, development, hosting/domains, special stock/music purchases, trademark clearance and regulated-claims review. Website concepts are design only. Custom campaigns/retainers require a scope. One-time packages create no subscription.

Prices are displayed in USD; Whop may offer local currency. Review taxes, currency and final total before paying. Your bank may charge conversion fees. Mandatory charges by KMP must be disclosed before purchase. KMP does not represent itself as VAT-registered unless confirmed on the invoice. The agreed total governs, not later price changes. Packages are paid before production; bespoke milestones apply only if agreed. Additional work and expenses require written approval. We never need passwords or full card details in a brief. Verify unexpected payment-instruction changes through a trusted existing channel.

Production is scheduled after confirmed payment and receipt of a complete brief and usable assets, and after any legally required waiting period or informed early-start request. Starter's 48 hours concerns the first version, not all revisions. Pro's 3–4 and Premium's 5–7 business-day estimates are confirmed on brief review. Business days exclude South African weekends and public holidays; scheduling uses Africa/Johannesburg time. Material dates require written confirmation. We will identify missing instructions/permissions and reasonably adjust affected milestones. After 30 days without a response we may put work on hold following notice, without silently forfeiting payment. Any restart charge requires agreement. Mandatory delay remedies remain intact.

An included round is one consolidated set of refinements to the approved concept. Replacement concepts/scripts/products or extra scenes/formats can change scope; we will explain cost/timing and obtain approval first. No retroactive change charge applies. Correcting our failure to meet the agreed scope or legal quality duties is not a paid extra. Preferably provide feedback within five business days; that request does not extinguish defect/consumer claims. Silence is not final approval. Check spelling, claims, offers and formats and approve the identified version in writing before release. Approval is not a blanket release from KMP's responsibility.

You warrant you are authorised to supply and request use of material for the agreed purposes, platforms and territories, including necessary copyright, trademark, privacy, publicity, talent and music permissions. References do not authorise copying. Disclose restrictions and expiry dates. You permit KMP and necessary contracted providers to use material only as reasonably needed for the project. We may request rights evidence and pause disputed use. Real-person face/voice cloning and endorsements need specific lawful authority; a general upload permission is insufficient. Substantiate product statements you supply, including health, finance and performance claims. KMP remains responsible for its own unlawful acts and cannot knowingly rely on false instructions.

AI may be used for generation/editing. Output can contain artefacts, errors or similarities to other output. We exercise reasonable care but cannot promise pure AI elements are copyrightable, exclusive, trademarkable or immune from challenge in every country. Fictional influencers must not be represented as real customers giving real experiences. Agree required sponsorship, synthetic-media and advertising disclosures for intended use. Identify intended countries, platforms and regulated uses. No sales, follower, view, conversion or platform-approval result is guaranteed. We will not use private client material to train our own models without a separate agreement. Provider processing follows the Privacy Policy; any confidentiality/no-training guarantee requires verified settings and agreements.

You keep your supplied materials. KMP keeps pre-existing tools, templates, know-how, source/project files, unselected concepts and reusable production elements. On full payment KMP grants a perpetual, worldwide, non-exclusive, royalty-free licence to use, reproduce, publish and adapt its rights in final approved deliverables for your business and agreed campaign, including use by your platform providers/contractors on your behalf. Exclusivity, resale as stock/templates, ownership assignment and source files require express written agreement. An expressly purchased assignment will use any legally required signed instrument; KMP cannot assign rights it does not own. Third-party music, fonts, stock, platform and AI elements retain applicable identified licence limits. We will disclose material restrictions affecting agreed use before commitment. Drafts are for internal review until licensed. Mandatory commissioning/ownership rules prevail where not lawfully variable. No worldwide trademark clearance is implied.

Each party takes reasonable care of identified or reasonably apparent non-public information, using it only for the project, administration, legal duties or claims. Access is limited to necessary people/providers with appropriate obligations. Public, independently developed or lawfully obtained information is excluded. Give notice of compelled disclosure where permitted. General confidentiality continues three years after completion; trade secrets while secret and personal information for as long as law requires. KMP asks before publicly using non-public client work, private assets or a testimonial. Portfolio use must not falsely imply a direct-client relationship or endorsement.

The Cancellation and Refund Policy forms part of these terms. Mandatory cooling-off, cancellation, quality and refund rights prevail. Custom or AI work is not automatically exempt. There is no blanket no-refunds rule. Outside mandatory rights and where lawful, cancellation is assessed fairly against work completed and specifically approved non-recoverable costs, with an itemised explanation and refund of the remaining balance. Early work needs a separate informed request where applicable; payment/brief submission alone is not a waiver. Services and digital content can have different rules. Overseas customers retain applicable mandatory local rights.

We may pause affected work for overdue agreed payment, missing essentials, credible rights/security risks or unlawful instructions. Except urgent legal/security cases, we explain and allow a reasonable opportunity to resolve it. An uncorrected material breach after reasonable notice may justify termination. Disputed fees do not excuse withholding an unrelated legal remedy. We will account for completed work, approved costs and refunds due; paid licensed deliverables and surviving obligations are treated fairly. Customers may report problems without retaliation.

KMP owes reasonable care/skill and remedies required by law. Nothing excludes non-excludable liability, applicable consumer guarantees, fraud, wilful misconduct, gross negligence or protected death/personal-injury liability. Regulator powers and data-subject rights remain intact. FOR BUSINESS TRANSACTIONS ONLY, where lawful and reasonable, KMP's aggregate contractual liability for an affected project is capped at fees paid or payable to KMP for that project unless a higher written cap is agreed. For ongoing work, the project is the relevant statement of work, not unrelated purchases. The cap excludes the categories above, payment/refund obligations, KMP confidentiality breaches and unlawful personal-data processing. For business transactions only, neither party owes indirect/consequential loss or lost profits/revenue/goodwill to the extent law permits exclusion; foreseeable direct loss and mandatory rights remain governed by law. Bring these limits prominently to the customer's attention before contracting. They are not retrospectively imposed. Consumers retain applicable remedies; no commercial cap overrides mandatory rights.

Where lawful/reasonable, a business client reimburses reasonable third-party damages finally awarded or a settlement it approves, plus reasonable defence costs, to the extent directly caused by its material breach of asset/permission warranties or unlawful client-supplied claims. This excludes KMP's breach, negligence, unauthorised changes or use outside instructions. KMP must promptly notify, mitigate, allow reasonable defence participation and obtain approval before settling at the client's expense, not unreasonably withheld. This is not indemnity against KMP's own conduct and does not reduce protected consumer rights.

Neither party owes damages for delay genuinely outside reasonable control where it promptly explains the effect and mitigates reasonably. Routine capacity problems are not automatically such events. Continuing material disruption requires discussion of alternatives, cancellation and lawful completed work; prepaid undeliverable work is not automatically retained. KMP remains responsible for reasonable provider selection/use. Do not rely on creative drafts for safety-critical, medical, financial or legal decisions.

Send the order reference and requested remedy to our email or private Whop chat. We aim to acknowledge within two business days and provide a substantive response/update within ten; this does not extend legal deadlines. Available Whop disputes, courts, regulators and ombuds remain available. South African law governs where permitted and South African courts have non-exclusive jurisdiction, preserving mandatory home-country consumer protections and forum rights. No forced overseas arbitration, class-action waiver or shortened statutory claim period is imposed. Voluntary mediation remains possible. No duplicate recovery for the same loss. Keep accurate records.

No partnership, employment or agency is created. KMP can use suitable contractors while remaining responsible for its duties and safeguards. Material transfer of an order must not prejudice customer rights. Delay in enforcement is not general waiver. Sever unlawful provisions only as law permits without unfairly rewriting the bargain. Identifiable email/private Whop approvals can record project changes, subject to formal signature requirements. Operational notices use supplied contacts; legal notices may go to the address/email above without restricting formal legal service. Review when services/providers/markets change.