Terms and Conditions
1. Who we are
These Terms and Conditions (the "Terms") are issued by PIXMAKER S.A.S. ("PIXMAKER", "we", "us"), a simplified stock corporation (sociedad por acciones simplificada) incorporated under the laws of Colombia, with registered address at Calle 20 A # 78-62, Oficina 201, Medellín, Antioquia, Colombia. Contact: gerencia@thepixmaker.com · +57 321 758 4075.
2. Scope
These Terms govern the use of the website www.thepixmaker.com (the "Website") and the payment-processing services provided by PIXMAKER to its clients (the "Services"). The Services are also governed by the service agreement, quotation or order accepted by each client (the "Agreement"). If there is a conflict between these Terms and the Agreement, the Agreement prevails.
By using the Website or the Services you accept these Terms. If you act on behalf of a company, you represent that you are authorized to bind it.
3. The Services
PIXMAKER provides cross-border payment-processing services to corporate clients. In particular:
- Clients pay PIXMAKER in stablecoins (USDT or USDC) on the networks indicated by PIXMAKER.
- PIXMAKER instructs the conversion of those funds into fiat currency (such as USD, CNY or COP) and the payout to the supplier or beneficiary designated by the client.
- Conversion and payouts are executed through independent third-party payment providers, by SWIFT transfer or local payment rails.
- PIXMAKER also processes local payouts in Colombian pesos (COP) to beneficiaries in Colombia.
PIXMAKER may select, add or replace the third-party providers used to execute payments at its discretion, taking into account cost, speed, corridor availability and compliance requirements.
4. Nature of the Services
PIXMAKER is not a bank, credit institution, specialized electronic deposits and payments company (SEDPE), securities intermediary or foreign-exchange market intermediary, and it is not supervised by the Superintendencia Financiera de Colombia. Accordingly:
- PIXMAKER does not take deposits, does not maintain accounts or balances on behalf of clients, and does not offer savings, stored-value, credit or investment products.
- PIXMAKER does not pay interest and does not use client funds for its own account.
- Client funds are received solely under the client's mandate to pay a designated beneficiary and are held only transitorily, for the time required to execute the corresponding payment instruction.
- Conversion and payout execution are carried out by third-party payment providers under their own contractual and regulatory frameworks.
5. Eligibility and onboarding
The Services are available only to legal entities acting in the course of their business. PIXMAKER does not provide services to consumers or individuals acting for personal purposes.
Before activating the Services, PIXMAKER carries out know-your-business (KYB) due diligence, which may include verification of the company, its legal representatives, authorized signatories and beneficial owners, the purpose of the relationship, expected activity and source of funds. The client must provide truthful, complete and up-to-date information and documentation, and notify PIXMAKER of any material change. PIXMAKER may decline any application at its discretion and is not required to give reasons.
6. Payment instructions
The client is solely responsible for the accuracy of each payment instruction, including the beneficiary's name, bank details, amount and currency. Each instruction must be supported by the underlying commercial documentation (such as an invoice, proforma or contract) when PIXMAKER requests it.
The client must send stablecoins only to the wallet address, network and asset expressly indicated by PIXMAKER for the relevant operation. Blockchain transfers are irreversible; funds sent to a wrong address, network or asset may be unrecoverable, and PIXMAKER is not liable for such losses.
Processing times are indicative. They depend on third-party providers, correspondent banks, blockchain networks, cut-off times, public holidays and compliance reviews.
PIXMAKER may hold, delay or reject any instruction that is incomplete, inconsistent, unsupported or that raises compliance concerns, and may request additional information before processing it. Funds relating to a rejected instruction will be returned to the source from which they were received, net of any third-party costs, unless the law or an authority requires otherwise.
7. Fees and exchange rates
Fees are those set out in the Agreement or in the quotation accepted by the client. The exchange rate applicable to each operation is the one quoted to the client for that operation. Fees charged by banks, correspondent banks, blockchain networks or other third parties may apply and will be disclosed when known. Fees are non-refundable once the payment has been executed, except as provided in the Agreement.
8. Compliance
PIXMAKER maintains an anti-money laundering, counter-terrorist financing and sanctions compliance program. As part of it, PIXMAKER:
- Screens clients, beneficial owners, representatives and payment counterparties against sanctions lists, including those of the United Nations, OFAC, OFSI and the European Union, as well as PEP and adverse-media sources.
- Analyzes incoming virtual-asset transfers with blockchain-analytics tools before processing them.
- Monitors transactions and may report suspicious operations to the competent authorities, including the Colombian Financial Information and Analysis Unit (UIAF), without notifying the client where the law so requires.
PIXMAKER does not provide services to persons or entities subject to applicable sanctions, or in connection with the following jurisdictions: Belarus, Central African Republic, Cuba, Iran, Libya, North Korea, Somalia, Sudan and Ukraine. PIXMAKER does not onboard clients engaged in the activities listed in its client-acceptance policy, including, among others, gambling, adult content, weapons, cannabis and CBD products, pharmaceutical products, alcohol and tobacco, precious metals and stones, money services businesses, shell companies and shell banks, and unlicensed financial services.
9. Client obligations
The client represents and undertakes that:
- The funds it uses come from lawful sources and are not related to money laundering, terrorist financing, sanctions evasion, corruption, tax evasion or any other unlawful activity.
- It acts on its own behalf and not as an undisclosed agent or nominee of a third party.
- Each payment corresponds to a real and lawful commercial transaction.
- It is responsible for complying with its own legal obligations, including tax, customs and foreign-exchange regulations applicable to its operations.
- It will cooperate promptly with any request for information made by PIXMAKER, its payment providers or the competent authorities.
10. Suspension and termination
PIXMAKER may suspend or terminate the Services, in whole or in part, with immediate effect and without liability, if the client breaches these Terms or the Agreement, provides false or incomplete information, fails to respond to information requests, becomes subject to sanctions, or if PIXMAKER reasonably considers that continuing the relationship exposes it to legal, regulatory, compliance or reputational risk. Either party may terminate the relationship as provided in the Agreement.
11. Limitation of liability
To the extent permitted by law, PIXMAKER is not liable for: (i) delays, failures or losses caused by third-party providers, banks, correspondent banks or blockchain networks; (ii) losses resulting from incorrect or incomplete instructions or information provided by the client; (iii) holds, rejections or delays arising from compliance reviews or legal requirements; (iv) events beyond its reasonable control; or (v) indirect, consequential or lost-profit damages. In all cases, PIXMAKER's total liability relating to an operation is limited to the fees it received for that operation.
12. Website use and intellectual property
The content of the Website is provided for information purposes only and does not constitute an offer, advice or a binding commitment. All trademarks, logos, texts and other content of the Website belong to PIXMAKER or its licensors and may not be used without prior written authorization.
13. Personal data
PIXMAKER processes personal data in accordance with Colombian Law 1581 of 2012 and its Privacy Policy.
14. Changes
PIXMAKER may amend these Terms at any time. The updated version will be published on the Website with its effective date. Continued use of the Website or the Services after publication constitutes acceptance of the changes.
15. Governing law and jurisdiction
These Terms are governed by the laws of the Republic of Colombia. Any dispute shall be submitted to the competent courts of Medellín, Colombia, unless the Agreement provides otherwise.
16. Contact
PIXMAKER S.A.S. · Calle 20 A # 78-62, Oficina 201, Medellín, Antioquia, Colombia · gerencia@thepixmaker.com · +57 321 758 4075