Terms of Service
These Terms of Service govern your use of our website and services. Please read them carefully before using our platform.
Last updated: December 15, 2024
1. Introduction
Welcome to pixelengine. These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and pixelengine ("Company," "we," "us," or "our") governing your access to and use of our website, services, and related products (collectively, the "Service").
By accessing or using any part of our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use our Service.
2. Acceptance of Terms
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.
By creating an account, accessing our services, or using any portion of our platform, you confirm that:
- You are at least 18 years of age or have parental/guardian consent
- You have the legal capacity to enter into binding agreements
- All information you provide is accurate and current
- You will comply with all applicable laws and regulations
3. Description of Service
pixelengine provides digital solutions and services including but not limited to:
Web Development
Custom website and application development
Digital Design
UI/UX design and brand identity services
Digital Marketing
SEO, social media, and online marketing
Consulting
Technology and strategy consulting
Support Services
Technical support and maintenance
Training
Digital skills training and workshops
4. User Accounts and Registration
To access certain features of our Service, you may be required to create an account. You are responsible for:
Account Security Responsibilities:
- Maintaining the confidentiality of your account credentials
- Notifying us immediately of any unauthorized access or security breach
- Ensuring that all information in your account remains accurate and up-to-date
- Not sharing your account credentials with others or allowing multiple users per account
We reserve the right to suspend or terminate accounts that we believe have violated these Terms or are being used inappropriately.
5. Acceptable Use Policy
You agree to use our Service only for lawful purposes and in accordance with these Terms. You agree NOT to:
Prohibited Activities:
Permitted Uses:
6. Intellectual Property Rights
Our Intellectual Property
The Service and its original content, features, and functionality are owned by pixelengine and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.
Protected Elements: Website design, code, logos, graphics, text, software, trademarks, and all other proprietary materials.
Your Content Rights
You retain ownership of content you upload to our platform. By uploading content, you grant us a limited license to use, display, and process your content solely for providing our services to you.
Your Responsibilities: Ensure you have rights to all content you upload and that it doesn't infringe on others' intellectual property rights.
Copyright Compliance
We respect the intellectual property rights of others and expect our users to do the same. If you believe your copyright has been infringed, please contact us at [email protected] with detailed information about the alleged infringement.
7. Privacy and Data Protection
Your privacy is important to us. Our collection, use, and disclosure of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.
Data Security
Industry-standard encryption and security measures
Privacy Rights
You control your personal information
Legal Compliance
GDPR, CCPA, and other regulations
By using our Service, you consent to the collection and use of your information as described in our Privacy Policy. You can review our Privacy Policy at any time on our website.
8. Service Availability and Modifications
We strive to provide reliable service, but we cannot guarantee uninterrupted access. The Service may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control.
Service Modifications
- We may modify or discontinue features with reasonable notice
- We reserve the right to change pricing with 30 days notice
- Technical improvements and updates are ongoing
Planned Maintenance
We perform regular maintenance to ensure optimal service quality:
- • Weekly updates: Sunday 2:00-4:00 AM (PHT)
- • Monthly major updates: First Saturday 1:00-5:00 AM (PHT)
- • Emergency maintenance as needed
9. Limitation of Liability
Important Legal Notice:
The following limitation of liability clause significantly affects your legal rights. Please read it carefully.
To the maximum extent permitted by applicable law, pixelengine shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
Excluded Damages:
- Your use or inability to use the Service
- Any unauthorized access to or alteration of your data
- Statements or conduct of third parties on the Service
- Service interruptions or technical failures
Our Maximum Liability:
Cap on Damages
Our total liability for any claims arising under these Terms shall not exceed the amount you paid us for the Service in the 12 months preceding the claim.
10. Termination
Termination by You
You may terminate your account at any time by:
- Contacting us at [email protected]
- Using account deletion features in your user dashboard
- Written notice via certified mail
Note: Termination will take effect within 30 days of receipt of your request.
Termination by Us
We may terminate or suspend your account immediately, without prior notice, for conduct that we believe violates these Terms or is harmful to other users or our business.
Grounds for Termination:
- • Breach of these Terms
- • Fraudulent or illegal activity
- • Non-payment of fees
- • Abusive or threatening behavior
- • Misuse of the Service
Data Retrieval After Termination
Upon termination, you have 90 days to retrieve any data you have stored with us. After this period, data may be permanently deleted according to our data retention policies outlined in the Privacy Policy.
11. Governing Law and Dispute Resolution
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the Philippines, without regard to its conflict of law provisions.
Jurisdiction: Any legal action or proceeding arising under these Terms shall be brought exclusively in the courts of Taguig City, Philippines.
Dispute Resolution
We encourage resolving disputes through direct communication. If that fails, we offer the following process:
Direct Negotiation
30-day good faith negotiation period
Mediation
Neutral third-party mediation in Manila
Litigation
Court proceedings as last resort
12. Changes to Terms
We reserve the right to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days notice prior to any new terms taking effect.
Notification
Email notification for material changes
Effective Date
30 days notice for significant changes
Acceptance
Continued use constitutes acceptance
Your Responsibility to Stay Informed
It is your responsibility to review these Terms periodically for changes. Your continued use of the Service following the posting of any changes constitutes acceptance of those changes. If you do not agree to the modified Terms, you must discontinue use of the Service.
Contact Information
Questions about these Terms? We're here to help.
Company
pixelengine
Address
Bonifacio Global City
Taguig City, Philippines
Phone
+63 917 873 3377
Business Hours
Monday - Friday: 9:00 AM - 6:00 PM (PHT)
Saturday: 10:00 AM - 4:00 PM (PHT)