1. Preamble: This terms of services constitute binding and enforceable legal agreement (“Agreement”) between you, the user, either as an individual or, an entity ("you") and Pixenio s.r.o., a duly registered company in Slovakia with principal place of business Svätoplukova 21, 040 01 Kosice, Slovakia, ID No: 51 943 000 ("Pixenio" or "we") concerning your use of our products and/or services sold to you, or made available to you at no charge ("the Services"). The Services includes websites, , software, infrastructure, any and all associated media, printed materials, and "online" or electronic documentation as well as any software installed in the Services necessary to operate the environment, its components, updates, enhancements, modifications, revisions or additions made by Pixenio. This Agreement sets the terms, rights, restrictions and obligations on using the Services as detailed herein.
By using the Services, you acknowledge that you have read this Agreement, understand it and agree to by bound by its terms. You must be 16 years of age or older to use our Services. You represent and warrant that you are at least 16 years old. If you are entering into this Agreement on behalf of an entity, you represent and warrant that you have the authority to bind such entity to the Agreement.
This Agreement comes into force when you accept all the terms stated herein during the registration of your account or when you start using the Services in any manner.
If you do not agree with the terms of this Agreement, do not use the Services.
2. User account: You must register and create an account (“Account”) in order to use the Services. When registering your Account you have to provide accurate, current and complete information. You are responsible for keeping your Account and your password secure. You are responsible for all content posted and/or uploaded and activity that occurs under your Account. You shall immediately notify us if you become aware of any unauthorized use of or access to our Services through your Account.
3.1 Except as otherwise expressly permitted in this Agreement, you will not:
- a) rent, borrow, lease, reproduce, modify, adapt, create derivative works of, distribute, sell, sublicense, transfer the Services, provide access to the Services to a third party,
- b) interfere with any mechanisms in the Services intended to limit the use,
- c) reverse engineer, disassemble, decompile, translate, or otherwise seek to obtain or derive the source code, underlying ideas, algorithms, file formats or non-public APIs to the Services, except as permitted by law,
- d) remove or obscure any proprietary or other notices contained in the Services,
3.2 You agree that you will only use the Services only in a manner that complies with all applicable laws in the jurisdiction in which you use the Services and strictly with terms of this Agreement, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights and privacy law.
3.3 You agree that you shall not use the Services nor the websites created using the Services (“User Websites”) to publish, support, upload, link to and/or otherwise make available offensive content of any kind. This include spam and bulk emailing, defamatory speech, illegal activities, encouraging criminal or harmfull conduct, distribution of viruses, worms, malwares, Trojan horses and other destructive activities, pornography, adult content, stalking and abusive posting. All content that we consider in our sole discretion offensive will be deleted immediately and without notice regardless of your subscription status and/or the Services.
3.4 You agree that you shall not use the Services nor the User Websites to solicit passwords or other personal information from third parties for any unlawful or fraudulent purpose. You agree that you shall not falsely impersonate any person or entity or misleadingly represent your relationship to any person or entity. You agree that you shall not present or send spam emails.
3.5 You agree that you are solely responsible for all content (data, text, software, music, sounds, images, photographs, graphics, video, messages, files or any other type of content) that you post and/or otherwise make available through the Services and/or User Websites and for any transactions or other activities conducted in or through the User Websites. You represent and warrant that you have all necessary rights to content that you post or otherwise make available through the Services and/or User Websites. You agree that you are solely responsible for ensuring that content you have made available through the Services and/or User Websites does not infringe copyright and other intellectual property rights of any third party in any way. In general we do not monitor or review content and so we are not liable in any way for the quality or nature of the content you anyhow made available through the Services and/or User Websites. We are not responsible for any content you anyhow made available through the Services and/or User Websites so in respect of such content we cannot be held liable for any claim of yours or any third party content owners whatsoever. You acknowledge and agree that we may, but we are not obliged to, monitor content in the Services and/or User Websites and we will delete immediately and without any notice all the content and/or the User Websites that in our sole discretion does not comply with terms of this Agreement. Also we may suspense or terminate provision of any and all the Services to you and/or block any of your User Websites with no refund. You hereby agree that Pixenio shall have no liability due abovementioned actions to you or any other party whatsoever.
4. Content of Yours:
4.1 When using the Services you may provide, or make available, to us, certain content ("Content of yours"). You grant to us a limited, irrevocable, non-exclusive, royalty free license, for the term of this Agreement, to use Content of yours solely for the purpose of, and to the extent necessary for, performing this Agreement. You declare that you are entitled to grant us such license. You shall identify and defend us, at your sole expense, against all liability and expenses, including reasonable attorney fees and costs, in any judgment arising from a third party claim that the Content of yours infringes upon a duly issued patent, copyright or trade secret of any third party in the country in which you are located or elsewhere.
4.2 For the purposes of the General Data Protection Regulation 2016/679 (“GDPR”) and any applicable national implementing laws in your jurisdiction, and with respect to any personal data contained in the Content of yours, you acknowledge and agree that you are the Controller (as that term is defined in the GDPR), and we are a Processor (as that term is defined in the GDPR) insofar as you may store personal data through your use of the Services only as permitted and subject to the terms of this Agreement. You also acknowledge and agree that you are responsible for complying with all obligations of a data controller under applicable law (including the GDPR).
5. Payment: You shall pay us the subscription fees for the Services valid at the time you order the Services. Unless you notify us before the end of the applicable subscription period that you wish to stop using the Services, your subscription shall automatically renew and you authorise us to collect applicable subscription fees. All amounts are non-refundable, non-cancelable and non-creditable. There will be no refunds at all (e.g. for partial months of the Services, for downgrade or for unused months). In making payments, you acknowledge that you are not relying on future availability of the Services beyond this Agreement, any Services upgrades or feature enhancements. You are responsible for all fees, including taxes, associated with your use of the Services. The presented fees do not include any applicable sales, use, revenue, excise value added or other taxes imposed by any taxing authority with respect to the Services provided hereunder. All such taxes shall be paid by you.
6. No-Charge Services: We may offer certain Services to you at no charge, including trial use, and access to Beta Versions as defined below (“No-Charge Services”). Your use of No-Charge Services is subject to any additional terms that we specify and is only permitted for the period designated by us. You may not use No-Charge Services for competitive analysis or similar purposes. We may terminate your right to use No-Charge Services at any time and for any reason in our sole discretion, without liability to you. You understand that any pre-release and beta products we make available (“Beta Versions”) are still under development, may be inoperable or incomplete and are likely to contain more errors and bugs than generally available Services. We make no promises that any Beta Versions will ever be made generally available. In some circumstances, we may charge a fee in order to allow you to access Beta Versions, but the Beta Versions will still remain subject to this Section 6 (No-Charge Services). All information regarding the characteristics, features or performance of Beta Versions constitutes Pixenio´s Confidential Information. To the maximum extent permitted by applicable law, we disclaim all obligations or liabilities with respect to No-Charge Services, including any support and maintenance, warranty, and indemnity obligations.
7.1 Without prejudice to any other rights, we may terminate this Agreement if you fail to comply with the terms and conditions of this Agreement. In such event you must stop using the Services. Upon termination of this Agreement due to noncompliance with its terms we shall delete the Account and User Websites included all content in it.
7.2 In case subscription expires we reserve right to delete the Account and User Websites included all content in it 30 days after expiration date.
7.3 You may terminate this Agreement any time and without reason by requesting for cancelation of your Account. There will be no refund at all. Upon such request you shall loose access to your Account, your User Websites shall be blocked and we shall delete the Account and User Websites included all content in it 30 days after of your request for deletion of the Account.
7.4 After we delete the Account and User Websites restoration of any of your data shall be not possible.
7.5 Sections 3, 7, 8, 9, 10, 11, 12, 13 and 14 of this Agreement shall survive the termination of this Agreement, howsoever caused, but this shall not imply or create any continued right to use the Services after termination of this Agreement.
8. Support and Maintenance: We may provide you with support services related to the Services at our sole discretion, without any guarantees or declarations and for the sole purpose of addressing technical issues relating to the use of the Services. Pixenio may, but shall not be obliged to, provide any updates, enhancements, modifications, revisions or additions to the Services. Any such updates, enhancements, modifications, revisions or additions to the Services shall be subject to the terms and conditions of this Agreement.
9. Liability: To the maximum extent permitted by applicable law, in no event Pixenio, its employees, affiliates and/or third party licensors shall be liable for any loss of profits, damage, cost, expense, revenue, loss of data, sales, interruption of business, indirect loss or damages, punitive damages, consequential loss or damages, loss of goodwill or any other payment incurred by you as a result of the Services and its actions, failure, bugs and/or any other interaction between the Services and your end-equipment, computers, services, software or any 3rd party end-equipment, computer services or software. Moreover, we shall never be liable for any defect in source code written by you when relying on the Services. In case jurisdiction not allow the exclusion of liability the liability of Pixenio, its employees, affiliates and/or third party licensors shall be limited in aggregate to the sum that you paid for the Services in current year and with respect to No-Charge Services to the sum of 100,-EUR.
10.1 Intellectual Property: We hereby warrant that the Services does not violate or infringe any third party claims in regards to intellectual property, patents and/or trademarks and that to the best of our knowledge no legal action has been taken against it for any infringement or violation of any third party intellectual property rights.
10.2 Prior Inspection: You hereby state that you inspected the Services thoroughly and found it satisfactory and adequate to your needs, that it does not interfere with your regular operation and that it does meet the standards and scope of your computer systems and architecture. You hereby waive any claims regarding the Software's incompatibility, performance, results and features, and warrants that you inspected the Services.
10.3 No-Warranty: The Services are provided under an AS-IS basis without any warranty of any kind, express or implied and to the maximum extent permitted by applicable law. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from the Service and/or User Websites. We hereby disclaim any warranty that the Services shall be error free, without defects or code which may cause damage to your computers or to you and that the Services will be uninterrupted, timely or secure, that the information provided through the Services is accurate, reliable or correct, that any defects or errors will be corrected, that the Services will be available at any particular time or location or that the Services are free of viruses or other harmful components. You shall be solely liable to any damage, defect or loss incurred as a result of using the Services and undertake the risks contained in uploading your content to the Services and/or downloading any content available through the Services.
11. No Refunds: You shall not be, ever, entitled to any refund, rebate, compensation or restitution for any reason whatsoever, even if the Services contain material flaws.
12. No other obligations: This Agreement creates no obligations on the part of the Pixenio other than as specifically set forth herein.
13. Reservation of Rights and Ownership: The Services and if applicable all copies thereof are protected by copyright and other intellectual property laws and treaties. Pixenio and/or its licensors own the title, copyright, and all other intellectual property rights in the Services and if applicable all subsequent copies of the Services. If you reverse engineer, reverse compile, disassemble or otherwise attempt to discover the source code of the Services, in breach of the provisions of this Agreement, you hereby agree that any information thereby obtained shall automatically and irrevocably be deemed to be transferred to and owned by the Pixenio in full, from the moment such information comes into being, notwithstanding the Pixenio's rights in relation to breach of this Agreement.
14. Indemnification: You hereby warrant to hold Pixenio harmless and indemnify Pixenio for any lawsuit brought against it in regards to your use of the Services in means that violate, breach or otherwise circumvent this Agreement, Pixenio's intellectual property rights or Pixenio's title in the Services. You shall promptly notify Pixenio in case of such legal action and request our consent prior to any settlement in relation to such lawsuit or claim.
15. Governing Law, Jurisdiction: This Agreement shall be governed by, interpreted and construed in accordance with the laws of Slovak republic and you hereby agree that the courts of the Slovak Republic shall have exclusive jurisdiction to adjudicate any disputes arising out of this Agreement.