The terms that govern access to and use of the Pix Arcs sponsored engine, published by Pixmoto Video Technology Innovations Pty Ltd.
By creating a Pix Arcs account, activating a Campaign, or otherwise using Pix Arcs, you agree to be bound by these Terms. If you do not agree, do not create an account or use Pix Arcs.
Creating a Pix Arcs account constitutes acceptance of these Terms at the moment of registration.
Activating or approving a Campaign through Pix Arcs constitutes acceptance if not already bound.
Any use of any Pix Arcs feature constitutes acceptance at the moment of first use.
Pixmoto records your Acceptance Date and the Terms version in force at that time in your account.
In these Terms, unless the context otherwise requires:
| Term | Definition |
|---|---|
| Acceptance Date | The date on which you accept these Terms in accordance with the acceptance mechanism described above. |
| Advertiser | The supplier brand or other party that funds and is the commercial beneficiary of a Campaign, whether activating directly (State One) or through a Retailer's commercial stack (State Two). |
| Agency | A media agency or authorised representative that activates and manages Campaigns on behalf of an Advertiser through Pix Arcs. |
| Campaign | A supplier campaign configured, approved, and executed through Pix Arcs delivering Sponsored Functionality against eligible inventory at the applicable CPMV rate. |
| Campaign Approval | The explicit confirmation you provide within Pix Arcs approving the Campaign Type, budget, and parameters. Constitutes a binding and irrevocable commercial commitment from the moment of confirmation. |
| Campaign Insertion Order | The system-generated confirmation record produced by Pix Arcs following Campaign Approval, evidencing the Campaign configuration, committed budget, Campaign Type, parameters, and timestamp of approval. |
| Campaign Type | One of: (a) Always On; (b) Seasonal; (c) Promotional. |
| CPMV | Cost Per Minute Viewed — the pricing model under which Campaign fees are calculated based on Qualified Minutes Viewed as measured by Pix Arcs. |
| Licensed Library | In State Two, the publisher recipe video content library licenced by a Retailer from Pixmoto under a Retailer Framework Agreement. |
| Marketplace Fee | In State Two, 10% of Supplier CPMV (AUD $0.08/QMV) payable by the Retailer to Pixmoto. Not payable by the Advertiser directly. No Marketplace Fee applies to the Retailer's Owned Brand Portfolio. |
| Pix Arcs | The Pixmoto sponsored engine through which commercial layers are activated across publisher content libraries, comprising campaign delivery, CPMV measurement, and revenue allocation. Also referred to as the Sponsored Engine. |
| Pix Pulse | The Pixmoto video environment delivering recipe video content to viewers on publisher digital properties with timestamp-level commerce intelligence. |
| Qualified Minute Viewed | A minute of active video viewing satisfying the validation, eligibility, and measurement criteria determined by Pixmoto and described in the Platform Policies. |
| Retailer | A grocery retailer that has executed a Retailer Framework Agreement with Pixmoto and licenced one or more publisher content libraries, through which Supplier Campaigns are activated in State Two. |
| State One | The commercial state in which Pixmoto accepts direct Campaign bookings from Advertisers and Agencies against publisher content libraries not subject to a Retailer Framework Agreement. |
| State Two | The commercial state in which a Retailer has licenced a publisher content library. Pixmoto does not accept direct Campaign bookings against a Licensed Library in State Two. |
| Supplier CPMV | AUD $0.80 per Qualified Minute Viewed — the rate payable by the Advertiser for Supplier Campaigns in State Two. |
| Tagged Data Layer | All timestamp-level intent data captured by Pix Pulse, including geographic location, ingredient engagement, method engagement, and click-through data. Exclusive property of Pixmoto. |
| User / you | Any Advertiser, Agency, or other person who creates a Pix Arcs account or uses the Pix Arcs platform. |
In case of inconsistency between documents: (1) Campaign Insertion Order prevails; then (2) these Terms; then (3) Platform Policies.
In State One, Pixmoto accepts Campaign bookings directly from Advertisers and Agencies against publisher content libraries not subject to a Retailer Framework Agreement, at Pixmoto-controlled CPMV rates displayed in Pix Arcs at the time of Campaign Approval.
Where a publisher content library has transitioned to State Two, Pixmoto does not accept direct Campaign bookings against that library. In State Two:
State Two note: In State Two, the Retailer is Pixmoto's counterparty for CPMV and campaign delivery purposes. Pixmoto has no direct obligation to you in respect of campaign performance, delivery volumes, or the Retailer's commercial terms. Direct all State Two commercial queries to the relevant Retailer.
To use Pix Arcs you must create an account, providing accurate, complete, and current information. You are responsible for the security of your credentials and all activity under your account. Notify Pixmoto immediately at legal@pixmoto.com of any unauthorised use.
Where you register on behalf of an Advertiser, you warrant at registration — and on each Campaign Approval — that you have full legal authority to bind the Advertiser to these Terms and to commit the Advertiser's budget. This warranty is given personally and on behalf of the Advertiser. If incorrect, you are personally liable for all obligations arising from Campaigns approved through your account.
An Agency is jointly and severally liable with the Advertiser for all payment obligations arising from Campaigns it activates, unless the Agency has disclosed in writing to Pixmoto before Campaign Approval that it acts solely as disclosed agent for a named and identified Advertiser, and Pixmoto has acknowledged in writing that the Agency acts in a disclosed agency capacity. Absent that written disclosure and acknowledgment, the Agency is treated as a principal for all purposes.
To register as a disclosed agent: Contact legal@pixmoto.com before activating any Campaign. Provide written confirmation of the Advertiser's identity, the scope of your authority, and the Advertiser's acknowledgment of these Terms. Until Pixmoto confirms in writing, the joint and several default applies.
Campaigns are created exclusively through Pix Arcs. You select the Campaign Type, total budget as a CPMV spend commitment, the content inventory or Licensed Library for delivery, and any additional parameters permitted by Pix Arcs.
Campaign Approval occurs when you explicitly confirm the Campaign configuration within Pix Arcs. Upon Campaign Approval: Pix Arcs generates a Campaign Insertion Order as the authoritative record; your budget commitment becomes binding and irrevocable; and Pixmoto is authorised to begin delivery immediately. The Campaign Insertion Order is determinative in any dispute about Campaign parameters. Copies are retained in your Pix Arcs account.
Once you confirm Campaign Approval, the Campaign cannot be paused, suspended, cancelled, or stopped. Your committed budget will be fully spent. There are no refunds. Do not confirm Campaign Approval unless you are satisfied with every parameter and are prepared to commit the full budget.
Why immutability exists: Campaign Approval triggers downstream commitments to publishers and retailers in the Pixmoto commercial stack. The immutability principle is fundamental to the integrity of the CPMV model.
Continuous delivery against approved content inventory until the committed budget is exhausted. Pixmoto controls pacing and optimisation.
Defined period optimised for seasonal content relevance. Delivery period and content inventory fixed at Campaign Approval.
Defined duration aligned to a specific promotional objective. Delivery optimised by Pix Arcs within Campaign constraints.
All Campaign delivery is priced exclusively on a CPMV basis. Fees accrue only when Qualified Minutes Viewed are recorded. No fees accrue for impressions, page views, video starts, or unqualified activity.
State One: CPMV rates are set by Pixmoto and displayed in Pix Arcs at the time of configuration. The rate applicable to your Campaign is fixed at Campaign Approval.
State Two: Supplier CPMV is fixed at AUD $0.80 per Qualified Minute Viewed. The Retailer retains AUD $0.32 per QMV after payment of the Licence Fee (AUD $0.40) and Marketplace Fee (AUD $0.08) to Pixmoto.
State Two note: In State Two you are contracting with the Retailer. Pixmoto's role is as platform operator, not a party to your commercial arrangement with the Retailer.
All CPMV measurement and fee calculation are performed exclusively by Pix Arcs. Pix Arcs records are final and authoritative. Third-party measurement tools have no authority over CPMV measurement. Pix Arcs records supersede any conflicting third-party data.
You are liable to pay Pixmoto the total CPMV fees generated by each Campaign as recorded in Pix Arcs. Invoices are issued following Campaign completion or at the billing cadence displayed in Pix Arcs. Payment is due within 30 days of invoice.
Your payment obligation in State Two is to the Retailer under your commercial terms with the Retailer. Pixmoto has no direct payment claim against you in respect of State Two Supplier Campaigns unless the Retailer has expressly assigned payment rights to Pixmoto in writing.
The committed budget may be fully exhausted. Delivery may occur faster or slower than anticipated. Pixmoto is not required to deliver the committed budget over any particular period. You have no right to recover any portion of the committed budget on the basis that delivery was faster or slower than expected.
Pixmoto may suspend your Pix Arcs access until outstanding amounts are paid, charge interest at 2% per month (or the maximum permitted by law), and recover reasonable collection costs including legal costs on a solicitor-client basis.
Disputes must be notified in writing within 10 business days of receipt. The undisputed portion remains due on the original date. Pixmoto responds within 15 business days. Disputes are resolved by reference to Pix Arcs measurement records.
All campaign materials must be accurate and not misleading; must not infringe third-party intellectual property rights; must not contain defamatory, offensive, or discriminatory content; must comply with all applicable advertising codes including Ad Standards Australia; and must comply with the Platform Policies.
Pixmoto may in its absolute discretion refuse to activate or remove any Campaign it reasonably considers breaches these Terms, creates legal or reputational risk, is incompatible with publisher eligibility requirements, or is unsuitable for the Pix Pulse environment. Refusal or removal does not entitle you to a refund.
Publishers retain control over advertiser eligibility. If you are excluded by a publisher, Pixmoto will use reasonable endeavours to notify you. Publisher exclusion is not a breach of these Terms and does not entitle you to a refund.
You are solely responsible for ensuring your Campaigns comply with all applicable laws, including the Australian Consumer Law, applicable advertising codes, the Privacy Act 1988 (Cth), and all laws in any jurisdiction in which delivery occurs.
All intellectual property in Pix Arcs, Pix Pulse, the Platform Policies, CPMV measurement methodologies, the Tagged Data Layer, and all platform technology is and remains the exclusive property of Pixmoto. Nothing in these Terms transfers any Pixmoto intellectual property to you.
You retain ownership of your campaign creative materials and brand assets. By submitting materials you grant Pixmoto a non-exclusive, royalty-free, worldwide licence to use them solely for Campaign delivery and reporting. This licence terminates on Campaign completion.
You warrant that all campaign materials are owned by or properly licenced to you; their use does not infringe any third-party rights; and you have all necessary rights, consents, and clearances.
All timestamp-level intent data and derived analytics generated through Campaign delivery — including the Tagged Data Layer — are the exclusive property of Pixmoto. You have no right to access or reproduce the Tagged Data Layer except through reporting outputs provided through Pix Arcs.
Pixmoto collects viewer engagement data, CPMV measurement signals, and campaign performance data through Pix Arcs as an independent controller, in accordance with the Pixmoto Privacy Policy. Campaign reporting available to you is aggregated and does not identify individual viewers.
Pixmoto does not provide individual-level viewer data to Advertisers or Agencies. You may not use Pixmoto reporting data to attempt to identify individual viewers.
Where you provide personal information for Campaign targeting or creative, you warrant it has been collected lawfully, you have authority to provide it to Pixmoto, and its use complies with the Privacy Act 1988 (Cth) and all applicable privacy laws.
Where Pixmoto processes personal information on your behalf as a data processor, the Pixmoto Data Processing Addendum governs those obligations. In case of inconsistency, the DPA prevails in relation to personal information processing.
You warrant that: you have full legal capacity and authority to accept these Terms; all information you provide is accurate; your campaign materials comply with Section 7; you will not circumvent, interfere with, or manipulate Pix Arcs or CPMV measurement; and your use complies with all applicable laws and the Platform Policies.
Pixmoto warrants it will operate Pix Arcs with reasonable skill and care. Pixmoto does not warrant continuous availability, any particular volume of Qualified Minutes Viewed, any particular commercial result, or that publisher content inventory will remain available for the duration of a Campaign.
You indemnify Pixmoto against all claims, losses, damages, costs, and expenses (including legal costs on a solicitor-client basis) arising from: any breach of these Terms; campaign materials that infringe third-party rights or are false, misleading, or defamatory; unlawful use of personal information; and, where you are an Agency, any act or omission in connection with Campaign activation on the Advertiser's behalf.
To the fullest extent permitted by law: Pixmoto's aggregate liability is limited to total CPMV fees paid by you in the 12 months preceding the event giving rise to the claim; Pixmoto is not liable for indirect, consequential, special, or punitive loss; and Pixmoto is not liable for Campaign delivery shortfalls or performance outcomes arising from audience behaviour or conditions outside Pixmoto's direct control. Nothing limits liability for personal injury or death, fraud, or liability that cannot be excluded under the Australian Consumer Law.
Certain consumer law guarantees cannot be excluded. To the extent Pixmoto's liability can be limited, it is limited to re-supplying the relevant services or paying the cost of re-supply.
Each party agrees to keep confidential all information disclosed in connection with these Terms that is identified as confidential or that a reasonable person would understand to be confidential, including campaign budgets, CPMV rates, platform methodology, and commercial terms.
Pixmoto operates a confidentiality firewall between platform participants. Pixmoto does not disclose your Confidential Information to publishers, Retailers, or other Advertisers. Confidentiality obligations survive termination for three years or for as long as the information remains confidential.
You may close your Pix Arcs account at any time by contacting legal@pixmoto.com. Account closure is prospective only. Active Campaigns continue to deliver and all payment obligations remain due.
Pixmoto may suspend your access immediately if these Terms or the Platform Policies have been breached, any payment is overdue, continued access creates legal or reputational risk, or technical conditions require suspension. Suspension does not terminate these Terms.
Pixmoto may terminate your access immediately upon notice for material breach unremedied within 10 business days; failure to pay within 15 business days of the due date; submission of campaign materials that infringe third-party rights; interference with Pix Arcs operation; or insolvency.
On termination: no new Campaigns may be activated; active Campaigns may continue at Pixmoto's election; all payment obligations remain due; and Pix Arcs access may be disabled. Termination does not give rise to any right to refund or compensation.
These Terms are governed by the laws of Queensland, Australia, without regard to conflict of laws principles.
You submit to the exclusive jurisdiction of the courts of Queensland, Australia.
Before commencing court proceedings, the parties must attempt in good faith to resolve any dispute through written notice and senior commercial discussions within 20 business days. Nothing limits Pixmoto's right to seek immediate injunctive relief.
You may not assign these Terms without Pixmoto's prior written consent. Pixmoto may update the Platform Policies prospectively. Updated Terms apply to new Campaigns only. A waiver must be in writing and applies only to the specific instance. If any provision is invalid, the remainder continues in full force. These Terms constitute the entire agreement between you and Pixmoto regarding your use of Pix Arcs.
Pixmoto Video Technology Innovations Pty Ltd
ACN 690 765 783