Website Terms of Use
Introduction
These Website Terms of Use (hereinafter: “Terms” or “Terms of Use”) describe your access to, and use of this website or any other website owned and/or operated by Pixyle B.V. (Netherlands) and Pixyle D.O.O.E.L. (North Macedonia) (hereinafter: “Pixyle”).
Please note that these Terms apply, regardless of the means of delivery of the Site to you. By using the Site, you indicate that you have read and, accept these Terms and agree to abide by and be bound by these Terms (as modified from time to time). If you do not accept these Terms, please refrain from using the Site.
The following terms also govern and apply to your use of the Site:
- Privacy Policy
- Cookie Policy
Modification to these terms
Pixyle reserves the right to:
- Modify the Terms of Use at any time, and your continued use of the Website following any such changes shall be deemed to be your acceptance of such change;
- Change or remove (whether temporarily or permanently) the Website or any part of it without notice and Pixyle shall not be liable for any such change or removal.
If we update or modify the Terms of Use, the updated version will be posted publicly at the Website Terms of Use which will constitute notice of such change. The updated Terms of Use will become effective and binding on the posting day. When Pixyle changes these Terms of Use, the ‘updated’ date below will be changed to reflect the date of the most recent version.
Using of the Website/Acceptable Use
To access some features of the Website, you may be required to provide us with some information about yourself, such as your name, company, email address, or other contact information. You agree that the information you provide to us is accurate.
The Site may offer you the opportunity to upload content and materials, including pictures, photographs, or personally identifiable information (“Content”). You retain ownership of any intellectual property rights that you hold in the Content.
Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Website;
(b) make modifications to the Website;
(c) interfere with or circumvent any feature of the Website, including any security or access control mechanism. If you are prohibited under applicable law from using the Website, you may not use it; or
(d) copy, reverse engineer or re-appropriate any part of the Website, including the algorithms and data structures used to provide the Website.
We receive your information through our Website, Platforms, Dashboards, and APIs. We collect Personal Information from our customers and users of the services for our own purposes, such as to provide and administer our services (hereinafter: “Pixyle.ai Data”).
Breach of Obligations
If you breach any obligation under the Terms of Use, Pixyle will be entitled to, at its sole discretion:
- Immediately suspend your access to the Website; and/or
- Terminate our agreement with you for cause, if you are a Pixyle customer.
Pixyle is not obligated to, but may choose to, remove any prohibited materials and deny access to any person who violates the Terms of Use. We further reserve all other rights.
Your Personal Information
In addition to these Terms of Use, please read our Privacy Policy carefully as it governs our collection and use of information about you. By using our Site, you consent to us obtaining and holding your data as set out in the Privacy Policy.
You acknowledge that Pixyle may disclose information regarding your use of the Website to satisfy any law, regulation, government request, court order, subpoena, or other legal process. If Pixyle makes this type of required disclosure, we will notify you, unless we are required to keep the disclosure confidential. Further, any disclosure of your personal data will be subject to our Privacy Policy.
Separate Contract
Please note that separate terms apply for the usage of Pixyle’s software services.
Trademark Use and Copyright
Unless you have our express prior written permission, you may not use, remove or alter any name, logo, tagline or other mark of ours, or any identifier or tag generated by the Website.
All copyright, trademarks, and other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics, and all software and source codes connected with the Website) are owned by or licensed to Pixyle, or are otherwise used by Pixyle, as permitted by law.
In accessing the Website, you agree that none of the content may be downloaded, reproduced, transmitted, stored, sold, or otherwise distributed without the prior written consent of inSided, as the copyright holder. This excludes the downloading, copying, and/or printing of pages of the Website for strictly personal and non-commercial use.
Limitation of Liability
To the extent permitted by law, Pixyle will not be liable for any indirect or consequential loss or damage whatsoever, including without limitation loss of business, opportunity, data, or profits arising out of or in connection with the use of the Website.
Pixyle makes no warranties that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
Nothing in the Terms of Use shall be construed so as to exclude or limit the liability of Pixyle or that of its employees or agents in ways that cannot be excluded or limited by law.
The contents of the Website do not constitute advice and should not be relied upon in making, or refraining from making, any decision.
Indemnity
You agree to indemnify and hold Pixyle and its employees and agents harmless to the fullest extent from and against all liabilities, legal fees, damages, losses, costs, and other expenses in relation to any claims or actions brought against Pixyle arising out of or in any related to your attributable breach of the Terms of Use or other liabilities arising out of your use of this Website.
Severability
If any of the Terms of Use should be determined to be unenforceable or invalid for any reason by any court of competent jurisdiction, then such Terms and Conditions shall be severed and the remaining Terms of Use shall survive and remain in full force and effect.
Governing Law
The Terms of Use are exclusively governed by Dutch law. Any dispute arising from the Terms of Use shall be settled before the competent court in Amsterdam, the Netherlands, except in the event mandatory law requires otherwise.
