Terms of Service

Acceptance of Terms

Welcome to PixelEngineer AG ("PixelEngineer", "we", "our", or "us"). These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "you", or "your") and PixelEngineer regarding your access to and use of our digital learning platform, website, and related services (collectively, the "Services"). By accessing or using our Services, you 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 Services.

Description of Services

PixelEngineer provides a digital learning subscription platform offering online courses, educational content, interactive learning materials, and related services in various professional development areas. Our Services include access to course libraries, progress tracking, certificates of completion, community features, and customer support. We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time with reasonable notice.

User Accounts and Registration

To access certain features of our Services, you must create an account and provide accurate, complete, and current information. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Promptly notifying us of any unauthorised use of your account
• Ensuring your account information remains accurate and up-to-date

You must be at least 16 years old to create an account. If you are under 18, you represent that you have your parent's or guardian's permission to use our Services.

Subscription and Payment Terms

Our Services are offered through various subscription plans with different features and pricing. By subscribing to our Services, you agree to pay all applicable fees as described in your chosen plan. Key payment terms include:

• Subscription fees are charged in advance on a recurring basis (monthly or annually)
• All fees are non-refundable except as expressly stated in these Terms
• We may change our pricing with 30 days' notice to existing subscribers
• Failed payments may result in suspension or termination of your account
• You are responsible for all taxes associated with your subscription

User Conduct and Obligations

When using our Services, you agree to comply with all applicable laws and regulations. You must not:

• Share your account credentials or allow others to access your account
• Copy, download, or distribute course content without permission
• Use our Services for any unlawful or prohibited purpose
• Interfere with or disrupt the operation of our Services
• Attempt to gain unauthorised access to our systems or other users' accounts
• Upload malicious code, viruses, or harmful content
• Harass, abuse, or harm other users or PixelEngineer staff
• Violate any intellectual property rights

Intellectual Property

All content, materials, and intellectual property on our platform, including but not limited to courses, videos, text, graphics, logos, software, and trademarks, are owned by PixelEngineer or our licensors and are protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable licence to access and use our content solely for your personal, non-commercial educational purposes. You may not reproduce, distribute, modify, create derivative works, publicly display, or commercially exploit any content without our express written permission.

Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Services, you consent to the collection and use of your information as described in our Privacy Policy. We implement appropriate technical and organisational measures to protect your personal data in accordance with applicable data protection laws, including the General Data Protection Regulation (GDPR).

Limitation of Liability

To the maximum extent permitted by applicable law, PixelEngineer shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from your use of or inability to use our Services. Our total liability to you for any claims arising from or related to these Terms or our Services shall not exceed the amount you paid to us in the twelve (12) months preceding the event giving rise to the liability. Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for consequential or incidental damages, so the above limitations may not apply to you.

Disclaimers and Warranties

Our Services are provided "as is" and "as available" without warranties of any kind, either express or implied. We disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that our Services will be uninterrupted, error-free, or completely secure. While we strive to provide accurate and up-to-date content, we make no guarantees about the completeness, accuracy, or reliability of any information or content on our platform.

Indemnification

You agree to indemnify, defend, and hold harmless PixelEngineer, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from your use of our Services, your violation of these Terms, or your violation of any rights of another party.

Termination

Either party may terminate these Terms at any time. You may cancel your subscription through your account settings or by contacting our support team. We may suspend or terminate your access to our Services immediately, without prior notice, for any breach of these Terms or for any other reason at our sole discretion. Upon termination, your right to access and use our Services will cease immediately, and any data associated with your account may be deleted. Sections of these Terms that by their nature should survive termination shall remain in effect after termination.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of Germany, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms will be brought exclusively in the courts located in Munich, Germany, and you hereby consent to personal jurisdiction and venue therein. If you are a consumer residing in the European Union, you may also bring proceedings in the courts of your country of residence.

Dispute Resolution

We encourage you to contact us directly to resolve any disputes. If we cannot resolve a dispute through direct communication, you may pursue resolution through the courts as specified in the Governing Law section above. EU consumers have the right to use the European Commission's Online Dispute Resolution platform, available at ec.europa.eu/consumers/odr.

Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website and updating the "Last updated" date. Your continued use of our Services after such modifications constitutes acceptance of the updated Terms. We encourage you to review these Terms periodically to stay informed of any changes.

Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be replaced with a valid provision that most closely reflects the intent of the original provision.

Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and PixelEngineer regarding the use of our Services and supersede all prior agreements and understandings, whether written or oral, relating to the subject matter hereof.

Contact Information

If you have any questions about these Terms of Service, please contact us: