Updated: 11-18-2024
This Web Service Subscription Agreement ("Agreement") is entered into between Pixxell CMS ("Provider"), located at [Insert Address], and the customer identified during the registration process ("Customer").
1. Definitions
- "Services": The subscription-based software services provided by Pixxell CMS, including access to modules, functionalities, and support.
- "Agreement": This agreement, including any applicable schedules, appendices, and amendments.
- "Customer Data": Any information, data, or content submitted, stored, or transmitted by the Customer through the Services.
2. Services Provided
Pixxell CMS provides subscription-based access to the Services in accordance with the terms set forth in this Agreement. The Customer may access and use the Services for their intended purpose as described on the Pixxell CMS website.
3. Account Registration and Responsibilities
- The Customer must provide accurate and complete information during registration and maintain the security of their account credentials.
- The Customer is responsible for all activities conducted through their account and agrees to notify Pixxell CMS of any unauthorized use.
4. License and Restrictions
- Pixxell CMS grants the Customer a non-exclusive, non-transferable, revocable license to use the Services during the subscription period.
- The Customer shall not:
- Reverse engineer, disassemble, or decompile the Services.
- Use the Services to transmit unlawful or harmful content.
- Use the Services in violation of the Acceptable Use Policy.
5. Payment Terms
- The Customer agrees to pay all applicable subscription fees as specified on the Pixxell CMS website.
- Payment shall be made via authorized payment methods. Late payments may result in suspension or termination of Services.
6. Term and Termination
- This Agreement remains in effect until terminated by either party.
- The Customer may terminate the Agreement by providing written notice to Pixxell CMS.
- Pixxell CMS may terminate the Agreement for breach of the terms or non-payment of fees.
7. Customer Data
- The Customer retains ownership of their data.
- Pixxell CMS will not access or use Customer Data except as necessary to provide the Services.
- Data processing will be conducted in accordance with GDPR and applicable German data protection laws.
8. Intellectual Property
- Pixxell CMS retains all rights to the Services, including software, designs, and documentation.
- The Customer may not use trademarks, logos, or other proprietary materials without permission.
9. Limitation of Liability
- Pixxell CMS shall not be liable for indirect, incidental, or consequential damages arising from the use of the Services.
- Liability is limited to the amount paid by the Customer during the previous 12 months.
10. Confidentiality
- The parties agree to maintain the confidentiality of proprietary or sensitive information disclosed during the Agreement.
- This obligation will survive termination of the Agreement.
11. Governing Law and Dispute Resolution
- This Agreement shall be governed by the laws of Germany and the European Union.
- Any disputes shall be resolved through negotiation. If unresolved, disputes shall be submitted to the exclusive jurisdiction of the courts of Germany.
12. Amendments
- Pixxell CMS reserves the right to modify this Agreement. Changes will be communicated through the website.
13. Contact Information
- For inquiries related to this Agreement, contact: [Insert Address] | [Insert Email Address].