Terms and Conditions

Last updated: 2024-02-18

These Terms of Service constitute a legally binding contract between you (”you” or the “User) and PXCH Holding I, LLC. These Terms govern your use of the website, located at https://thumbnailtest.com/ (the “Website” or the “Company”), and any other related Agreements, or legal relationship with PXCH Holding I, LLC.

You, as a user, must read these documents carefully.

This Website is provided by:

PXCH Holding I, LLC

2423 SW 147th Ave #2262

Miami, FL 33185

hello@thumbnailtest.com

ThumbnailTest.com

+1 877-812-TEST

By using https://thumbnailtest.com/ or by clicking and consenting to accept the Terms, you accept and agree to be bound and comply with these Terms and any other related Agreements. If you do not agree with these Terms or any other related Agreements, you must not access or use the Website or the Services.

PXCH Holding I, LLC reserves the right to update, change or amend the Terms at our sole discretion. When that happens, the page will be updated.

Account

To use the website, you must create an account, providing all the required data in a truthful manner. Failing to do that will lead to the suspension or unavailability of the Service.

Conditions for registering your account:

  1. In such an event in which your account has been compromised, you must inform us, via the information found in this Agreement.
  2. You explicitly agree that accounts created by bots, scripts or any other automation methods are not permitted.
  3. You explicitly agree that sharing access to an account with another person is not allowed, unless explicitly allowed, in writing, by our company.
  4. You can terminate your account at any given point and stop using the Service that our website offers, by accessing the tool(s) offered by our website for terminating your account. Alternatively, you can contact us for an account termination
  5. We reserve the right to suspend or terminate an account, at any given time, with or without prior notice, at our sole discretion, if an account or its activity is deemed inappropriate, illegal, offensive or in breach of the Terms of Service. Such a termination revokes the right of any claims for compensation, damage or reimbursement but does not exempt the User from paying any remaining fees.

Limitations of use

The Website may only be used within the scope of the Terms of Service, applicable law and of what it has been provided for. By using our Website, you understand and agree that you, your users and/or third parties will not:

  1. Use the Website in order to violate any applicable laws or regulations.
  2. Use the Website in order to abuse or disrupt PXCH Holding I, LLC’s service, networks, servers or any other type of resources that we may provide or use to service you.
  3. Use the Website in conjunction with offensive, obscene, fraudulent, illegal material and/or activity.
  4. Reproduce, copy, sell, resell, duplicate, replicate, reverse-engineer or exploit any portion of our Website, of our service and of your account without our express written consent, granted either directly or through an affiliate, reselling or white-labelling program.
  5. Copy, scrape, mirror or replicate materials on any other server. This includes but is not limited to scraping, harvesting or collecting user data without their consent.
  6. Infringe the copyright or any other type of right from any material, data or information found on the software of this Website.
  7. Infringe the privacy, intellectual property, copyright or any other kind of rights of third parties, when you’re using the Website or the service.
  8. Use the website to spam or otherwise send unauthorized communications.

General Terms

  1. User Agreement: All terms and conditions of this service apply to users and sub-users of a Thumbnailtest.com account.
  2. Compliance with YouTube Policies: While our software is designed to integrate seamlessly with YouTube, it is the user’s responsibility to ensure their use of Thumbnailtest.com complies with YouTube’s policies and guidelines.
  3. Accuracy of Analytics: The analytics and data provided by Thumbnailtest.com are for general information purposes only. We do not warrant the accuracy, likely results, or reliability of the data provided or its implications for your YouTube content.
  4. Third-Party Links: Thumbnailtest.com may contain links to external websites. We are not responsible for the contents of any linked site. The inclusion of any link does not imply endorsement by Thumbnailtest.com. Use of any such linked site is at the user’s own risk.
  5. Indemnification: Users agree to indemnify and hold harmless Thumbnailtest.com from any claims, liabilities, damages, or expenses that arise from their use of the software or non-compliance with YouTube’s policies.
  6. Service Limitations: Thumbnailtest.com is designed to provide thumbnail and title A/B testing and analytics within the scope of YouTube’s API and other related services. Users acknowledge the limitations of our service in accordance with these external factors.
  7. User Responsibilities: It is the responsibility of the users to ensure that their content and use of Thumbnailtest.com align with the specific legal and policy requirements of YouTube and other platforms.
  8. Service Adaptation: Thumbnailtest.com commits to maintaining high-quality services and may adapt its features and functionalities to align with evolving industry standards and user needs.
  9. Pricing Adjustments: Thumbnailtest.com reserves the right to adjust pricing for its services as necessary to ensure the sustainability and long-term viability of the business.
  10. Modification of Usage Limits: We may modify usage limits for our services based on operational costs and fair use. Users will be informed of any such changes.
  11. Resource Allocation: The amount and type of resources provided by Thumbnailtest.com are subject to change based on sustainability and fair use considerations. Affected users will be notified of these changes.
  12. Promotional materials: Users agree that Thumbnailtest.com may identify Users as customers and use Users logo, materials, assets (e.g. thumbnails) and trademark in Thumbnailtest.com’s promotional materials, websites and assets. We may infer the logo and trademarks based on various details such as contact email address, name, etc.
  13. Customization Limits: Users may have options to customize certain features within Thumbnailtest.com. However, these customizations are provided on an “as-is” basis, and we do not guarantee that they will be free from defects or suitable for any specific purpose.
  14. Support Responsibilities: Users are responsible for addressing any inquiries or issues they encounter while using Thumbnailtest.com. While we provide support, the primary responsibility lies with the user.
  15. Resale and Distribution: Reselling or redistributing Thumbnailtest.com services is permitted only with explicit written approval from us or if specific tools for reselling are provided.
  16. Additional Policies By using the Website, you also agree to adhere to the YouTube terms of service.
  17. Translation Interpretation The Website may have been translated if we have made it available to you on our Service. You agree that the original English text shall prevail in the case of a dispute.
  18. Links to Other Websites Disclaimer Our Service may contain links to third-party websites or services that are not owned or controlled by the Company. The Company assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
  19. Termination Clauses We may terminate or suspend your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms and Conditions. Upon termination, your right to use the Service will cease immediately.
  20. Acceptance of Terms: By using Thumbnailtest.com, users agree to these terms and conditions and are responsible for ensuring compliance with them.

Intellectual property

You hereby understand and agree that the Website and the intellectual property found on the Website are owned by PXCH Holding I, LLC, our licensors, or any other providers. Therefore, they are protected in all forms by Intellectual Property Laws. Our users may download such materials only for non-commercial and/or personal use.

You must not use our name, logo and trademark(s) without our prior written permission. Using such property, except if it’s expressly authorized by PXCH Holding I, LLC, constitutes a violation of rights of the owner of such Intellectual Property.

You agree and understand that you have no right, title or interest in the Website or any of its content. We reserve all the rights that are not expressly granted by us to you. Violating any of these restrictions, Terms or any other related Agreements shall result in the termination of this license. PXCH Holding I, LLC can also terminate this license at any time.

Accuracy of information

The products and materials that are presented on our Website are by no means to be considered fully comprehensive, but are rather to be used for general information purposes.

PXCH Holding I, LLC cannot make any warranty with regards to the accuracy, results or reliability of the product and/or materials found on the Website.

PXCH Holding I, LLC cannot guarantee for the contents of the websites it links to. The inclusion of a link to any other website shall not constitute an approval, endorsement or warranty by PXCH Holding I, LLC of that website.

Given that we cannot guarantee something out of our control, you agree that, if you click and use any websites that we have linked to, you should conduct your own research before using it.

Limitation of liability

Even if PXCH Holding I, LLC have been notified of the possibility of damages, in no event shall PXCH Holding I, LLC or our suppliers be liable for any indirect, consequential, punitive or special damages that come out of the use of the Website, including but not limited to: indirect loss, consequential loss, or any other type of loss, including but not limited to: opportunity, revenue, business, loss of profit, use, contract equity, revenue, goodwill, savings, data benefit or reputation whether under statute, indemnity, tort (including negligence), or otherwise.

Our Website and services are provided on an ‘as is’ basis. We cannot make any warranty and you agree that all other warranties are void.

These limitations may not apply to you, if you’re part of certain jurisdictions that have special limitations or warranties.

Severability

In an event where any provision of the Terms of Service has been found to be void and/or unenforceable, it shall be severed to the extent that it is void and/or unenforceable. The remaining provisions of the Terms of Service will remain unaffected.

Governing law

The Terms of Service shall be governed and construed in accordance with the laws of the place where PXCH Holding I, LLC is based, as disclosed at the beginning of this document.

If you qualify as a European Consumer and have your habitual residence in a country where the law requests another consumer protection standard, the higher standard will prevail.

For questions about these Terms, contact us at the provided address or the email address: hello@thumbnailtest.com.


Cookie Policy

To help improve your experience of our products and services, we use cookies for our website, https://thumbnailtest.com/ (the “Website”). Our Cookie Policy explains more about what they are and how we use them.

This Cookie Policy is a part of PXCH Holding I, LLC’s Privacy Policy.

For more information about how we handle your personal data, please read our Privacy policy.

Please note that this policy does not cover the privacy policy or cookie policy of other third parties services we may use. We suggest reading their privacy and cookie policies for more information.

Our cookies do not store any sensitive data, such as credit/debit card data, passwords, shipping addresses or others.

You may refuse the use of cookies by rejecting them on your browser. If that is the case, please note that your experience with our Website and services might be limited.

What are cookies?

Cookies are small files that are downloaded onto your device when you visit a website.

These files help websites identify you and improve your user experience. There are two types of cookies: persistent and session cookies.

  • Persistent cookies remain on your device even after you close your browser, while
  • Session cookies are deleted automatically once you close your browser.

Cookies may be used to enhance, enable or improve certain aspects of your interaction with our website. For instance, you won’t have to re-log in again every single time you access our website, thanks to cookies.

What Cookies Do We Use?

Our Website uses the following cookies:

Necessary Cookies

We use necessary (or essential) cookies on our Website, to enhance, enable or improve certain functions of it.

Necessary cookies are cookies that are critical to the proper functioning of our services. These may enable functions such as login, payment processors or account management.

Cookie Policy Acceptance Cookies

We use Cookie Policy Acceptance Cookies to identify if you’ve accepted the use of cookies on our Website. If so, we won’t repeatedly ask you what you’ve already answered.

Functionality Cookies

We use functionality cookies on our Website.

Functionality cookies are meant to enhance and improve your interaction with our Website. They may be set by us on a first-party basis (by the Website) or by third-party services.

These cookies are designed to collect information about your device, language, operating system, version, time zone or any settings you have configured when you’re interacting with our Website.

For instance, we might use functionality cookies in order to automatically set the language of our website for your convenience.

Targeting (Advertising) Cookies

We use targeting (advertising) cookies on our Website.

Targeting cookies are used by us to deliver targeted material, content or advertising to you. At the same time, it can also help our service dictate the quantity of advertising you might see.

These cookies may be set by us on a first-party basis (by the Website) or by third-party services. Third-party-based targeting and advertising cookies can be used to track your activity on other websites that are using the very same third-party service.

Performance Cookies

We use performance cookies on our Website.

Performance cookies are designed to track how you interact with our Website during your visit.

This information is usually tracked across all users of our Website, and is anonymous and aggregated. Because the data is aggregated, performance cookies do not track individual data points regarding you.

Performance cookies assist us in understanding patterns about our users and the usage of our services and Website. This helps us ultimately serve you better.

Acceptable Use Policy

We, PXCH Holding I, LLC, are providing this Acceptable Use Policy in order to protect our customers, our company and generally the Internet community and society from illegal, unlawful, immoral or unethical activity.

The Acceptable Use Policy covers our website, https://thumbnailtest.com/ (the “Website”), our goods and services, products and offerings (hereinafter referred to collectively as the “Products”) which are offered by PXCH Holding I, LLC.

We reserve the right to terminate, suspend or outright delete accounts that are found in breach of this Acceptable Use Policy. We may be legally required to report unlawful activity to relevant authorities.

Fair Use

Our Products are offered with respect to the offering that we publicly share. We reserve the right to charge additional fees, suspend or limit your account or terminate it, if your use of our Products is found to be excessive.

All forms of abuse, rights infringement, discrimination or actions that harm and/or disadvantage any group, individual, asset or resource are prohibited. We reserve the right to act against the aforementioned and to take preventive measures against them.

We expect you and, if applicable, your users (”end-user”) to respect our Products and our company and act with similar intent.

Accountability

You agree to be fully responsible for the activity that pertains to your account, including your end-users activity or anyone that might be using your account with your consent. This responsibility also applies to anyone using our Products without proper authorization, as a result of your failure to prevent security breaches.

By engaging with our Products and accepting our policies, you agree to respect the policies on behalf of yourself and of anyone using the Products as end users.

If our Acceptable Use Policy is breached by any customer, user or end-user of our Products, we reserve the right to suspend, terminate, limit or outright delete access or delivery of any Product, whilst also taking measures to amend, repair or rectify activity that we deem inappropriate, without notice. No compensation, remuneration or credit will be available for the termination, limitation or deletion that may result as a consequence of any breach, unless this is requested or required by law.

Prohibited Activity

Below you’ll find a list of activities that we prohibit, as part of our Acceptable Use Policy.

Copyright infringement

You may not use our Products to create, edit, distribute or store any kind of content that violates Copyright law or any applicable law.

This may include but is not limited to: content or materials protected by trademarks, copyrights, trade secrets or company intellectual property that is not properly authorized, or obscene, illegal, unethical, defamatory material or content that stands as an illegal threat or violates export control laws.

You understand and agree that you are responsible for all material or content that is uploaded, inputted, edited, distributed, created, published or shared through our Products. You are also responsible for proving you were permitted to use the materials you may have used.

Unauthorized Use of ThumbnailTest

You understand and agree that you may not use PXCH Holding I, LLC’s intellectual property or property of any kind. You may not impersonate our company, our Products or any of our assets and/or entities. You may not make use of our property to fraudulently or illicitly gain services, user trust or any kind of advantage.

SPAM and Unauthorized Messages

You may not use our products to send individual or bulk commercial messages that have not been solicited by users (”spam”). If requested, you must prove that you have consent from the users you are sending commercial messages to, as per the laws and regulations that apply to your jurisdiction.

You understand and agree that using our Products with contacts (email or telephone) that are collected without such consent is prohibited. All contact used with our Products must be collected with an opt-in for the end user. We may inquire with you about how you’ve collected data.

You are not allowed to use contact lists or databases that are transferred, purchased, borrowed from third parties intended for spam, with our Products.

The policy applies to spam and unauthorized message activity with either our Products or to messages sent from any messaging platform or network, by you or any person on your behalf, that directly or indirectly interacts with the recipients of any site hosted via our Products.

Illegal, Unethical and Malicious Activity

You may not use our Products for promoting, sharing, distributing, advertising or otherwise making available any product, software or service that violates our Acceptable Use Policy or the Acceptable Use Policy of other service providers, whether affiliated or unaffiliated with PXCH Holding I, LLC.

Our Products may not be used for illegal, unethical, exploitative, malicious or otherwise illicit activity, electronic or not. This includes but is not limited to: phishing, hacking, cracking, phreaking, pinging, spoofing, mail-bombing, DDoS (distributed denial of service) attacks, any kind of attacks, network sniffing, flooding. Our Products may not be used for any activity involving directly or indirectly viruses or malicious code.

You may not use our Products to engage in malicious activities that include but are not limited to: harassing people, hate-speech, discrimination, advocacy of racial intolerance, ethnic intolerance or intolerance of any kind, abuse, threats or breach of rights of any person.

You may note use our Products to avoid any kind of duty, right or law. This includes but is not limited to obtaining or attempting to obtain: services from any provider with the intent to defraud financially, access to any information about our users or end-users, interference with our facilities and network facilities, a violation of any person’s privacy, a violation of privacy laws, consumer protection laws or any kind of human right and/or laws.

You may not use our Product if you’re suspected, involved or have been involved in illegal activity or in groups or causes that support such activity. This includes but is not limited to: terrorism, trafficking or any kind, activities related to nuclear, chemical or biological weapons or weapons of mass destruction.

Limitations of this Policy

Our Acceptable Use Policy includes non-exclusive and non-exhaustive lists of activities and intend we deem unfavorable, unacceptable and incompatible with our brand. We reserve the right to make change to this policy at any given time by publishing a revised version of the Acceptable Use Policy to our website.

A new, revised version will become effective from the earlier date between:

  1. The date when our user is using the Products after the new, revised version of the Acceptable Use Policy has been published, or
  2. 30 days after the new, revised version of the Acceptable Use Policy has been published