I - Terms and Conditions of Use
1. Terms :
1.1. In accessing and using any services or products provided by www.pixappy.com, you agree to the following Web Site Terms and Conditions of Service (the “Agreement”).
This Agreement is an agreement between you (the “User”) and the company Lyxeo SAS (“Lyxeo”) registred under the number RCS B799903885. The www.pixappy.com platform (“The Platform”) is the exclusive property of Lyxeo.
1.3. If you do not agree with any of these terms, you are prohibited from using or accessing this site. Lyxeo reserves the right to terminate the account of any user at any time.
2. Description of Services :
2.1 The Platform www.pixappy.com provides an innovative online service allowing the creation, publication and distribution of interactive rich media content without needing to code.
We provide Users with free access to the Platform to help our users and customers create and manage their own content directly through the website and associated domains.
2.2. The User may thus load and store all of the Content belonging to him/her, place it on pages and, by using infographic interface and ergonomic menus, configure and shape it in order to create, publish and distribute Projects.
2.3. The User has the ability to make his Project(s) public, by publishing them on the public distribution space of the Platform. He may also, at his choice, maintain the strictly private character of his Project(s) or make such Project(s) accessible on the Platform via the “Public” or “Private” function.
3. Information you provide to us :
3.1. Registration with the Service is necessary in order to benefit from all of the functions offered by the Platform www.pixappy.com.
This registration is made for free by creating a User Account and providing the personal data concerning You (minimum: an identifier, a valid e-mail address and a password) (“Personnal Data”). You will remain free at any time to modify the content of the personal data transmitted in this connection.
3.2 Lyxeo grants you the right to access, correct and delete your Personal Data within the context of applicable legislation. You may at any time access and modify the information online associated with your Profile from your Personal Space.
3.3. The Personal Data which allow you to be identified are not communicated to any third parties. However, you are informed that they may be disclosed in application of a law or regulation or on the basis of the decision by a competent regulatory or judiciary authority.
3.4. After creating your account, you still legally responsible for all information, data, text, software, music, sound, photographs, graphics, images, video, messages or other materials uploaded, posted or stored in connection with your use of the Services (“Content”).
3.5. You hereby grant Lyxeo a worldwide, royalty-free, non-exclusive license to host and use the Content and warrant that you have all the rights necessary to grant us such license.
3.6. You are responsible for any Content that may be lost or unrecoverable through your use of the Services. You are encouraged to back up your Content regularly and frequently.
4. User Responsibilities :
4.1. You will ensure the email address provided in your account registration is valid at all times and will keep your contact information accurate and up-to-date.
4.2. You will not transfer your account to anyone without first getting our express written permission.
4.3. You will not use the Services or Materials for any unlawful purposes or to conduct any unlawful activity, including, but not limited to, fraud, embezzlement, money laundering, and similar.
4.4. You will not use the Services or Materials if you are located in a country where such use is prohibited by the applicable law.
4.5. You will not use the Services or Materials to impersonate another person.
5. Term of the Agreement, Fees, Invoicing :
5.1. You may agree to a one (1) month, six (6), twelve (12) month contract agreement with Lyxeo on recurring or manual billing basis.
5.2. You may upgrade or downgrade your service agreement to any other contract agreement that Lyxeo is currently offering for sale at any time during your contract term.
Any contract downgrade is allowed only at the end the current contract billing cycle. No discount credit or refund will be issued if the service is stopped by the user before the end of the subscription period and is in no way transferable to a cash refund
In case of contract upgrade before the end of the original billing cycle, the remaining time for the original contract will be discounted from the new contract subscription fees.
5.3. Payment is due in advance at the start of each billing cycle and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused, except those abovementioned.
5.4. In case you use recurring billing at the end of the contract term, your contract will automatically renew for an additional contract term until explicitly cancelled by you. Cancellation must be effected at least one (1) day prior to the end of the contract term.
6. Cancellation and Termination :
6.1. Services may be terminated by us, without cause, at any time.
6.2. Services may be terminated by you, without cause, by following the cancellation procedures set forth in Section 6.
6.3. Lyxeo may terminate Services at any time, without penalty, obligation to refund and without notice, if you fail to comply with any of the terms of this Agreement or the intellectual property protections applicable to these Services.
6.4. Notice of termination of Services by Lyxeo may be sent to the contact e-mail associated with your account. Upon termination, Lyxeo will keep available all the creations and all data, files, or other information that is stored in your account for 6 months. It’s in your responsibility to retrieve and back up all account contents before termination.
7. Disclaimer :
7.1. The materials on www.pixappy.com web site are provided “as is”. Lyxeo makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
7.2. Further, Lyxeo does not warrant or make any representations concerning the accuracy, likely results, security or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site. We do not warrant that the Service will meet your specific requirements; the Service will be uninterrupted, timely, secure, or error-free and the results that may be obtained from the user of the Service will be accurate or reliable.
8. Limitations on Liability :
8.1. The www.pixappy.com Platform is available 24 hours a day 7 days per week, except for programmed or un-programmed interruptions for maintenance purposes. As it is subject to an obligation of means, Lyxeo shall not be held liable for any damages of any nature resulting from the unavailability of the Platform.
8.2. In no event shall Lyxeo or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption, computer failure) arising out of the use or inability to use the materials on www.pixappy.com.
9. Responsibility for Content :
9.1. You are responsible for your use of the Services, for any Content you post to the Services, and for any consequences thereof. The Content you submit, post, or display will be able to be viewed by other users of the Services and through third party services and websites.
9.2. You agree to authorize Lyxeo to use, represent and distribute your Content and your Projects which are made public on the Platform, freely and without charge, in whole or in part, for the entire world and throughout the entire duration of the Agreement, in order to promote its activities and the Platform.
9.3. You have the possibility at any time to cease the distribution of your Project(s) from the public distribution areas of the Platform via the “Private” function which is accessible in your Personal Space. Once this function is activated, your Projects may no longer be viewed, shared or embedded by the other Users of the Platform.
9.4. You should only provide Content that you are comfortable sharing with others under these Terms. Lyxeo bears no responsibility for confidential information entered into www.pixappy.com by users, even if the information is entered into www.pixappy.com designated as “private” or “unpublished.”
9.5. The user is fully responsible for compliance with all relevent copyright, trademark, trade secret and/or design rights laws protecting images and information submitted, posted or displayed by the user.
10. Restricted Content :
10.1. Uploading any restricted Content as listed below may result in immediate termination of the Agreement.
You must not upload, post, host or transmit the following items to or from the Web Site including unsolicited email, SMS messages, or “Spam” messages; worms, viruses, Trojan horses or code of a destructive nature; questionable or illegal material including copyrighted and/or trademarked material used without the permission of the rights holder; content that is pornographic, sexually explicit, or violent; reasonably likely to cause harm, or that could be reasonably considered as slanderous or libelous, and/or breaches another’s privacy.
11. Links :
11.1. Lyxeo has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Lyxeo of the site. Use of any such linked web site is at the user’s own risk.
12. Use of the Pixappy Logo :
12.1. Contents created in www.pixappy.com contain a “powered with pixappy” or similar notice. As a condition of continued use of this service, users may not manipulate the www.pixappy.com to remove this notice.
12.2. For purchase of white label or a brand free content you must use the relevant subscription plan.
13. Collected informations :
- Your username, password and e-mail address when you sign-up for a www.pixappy.com account.
- User content, audios and videos, charts and similar.
- When you access our services online, our web servers automatically create records of your visit. These records typically include IP-address, access time, the sites linked from, pages visited, the links and features used, the content viewed or requested, browser or application type, and other such information.
14. How we use your personal data :
The Platform www.pixappy.com may process your personal data for the following purposes (One or more purposes may apply simultaneously):
- To help you efficiently access your information after you log-in and provide personalized content and information to you.
- To develop and manage our Website, services, customer care, sales and marketing.
- To communicate with you, for example to inform you that our services have changed or to send you critical alerts and other such notices relating to our services.
15. Sharing of your personal data :
Lyxeo does not sell, lease, rent or disclose your personal data to third parties unless otherwise stated below:
- We may be obligated by mandatory law to disclose your personal data to certain authorities or other third parties.
Lyxeo grants you the right to access, correct and delete your Personal Data within the context of applicable legislation. You may at any time access and modify the information online associated with your Profile from your Personal Space.
16. Information on Cookies usage :
Cookies are pieces of text that may be sent to and saved by your web browser when you access our Website; your web browser stores these cookies in a way associated with each website you visit.
III - General Statments
18.2. Lyxeo may introduce new paid features in the future, including converting certain existing features into paid features, and/or offering paid features for free during a limited trial period and/or to selected groups of users.
19. Governing Law :
19.1. Any claim relating to Lyxeo Services or www.pixappy.com web site shall be governed by the laws of France and any disputes arising in relation to these terms shall be subject to the jurisdiction of the Courts of France.
20. Contact us :
20.1. If you have any questions about our Services or these Terms and Conditions of Use, please contact us at: firstname.lastname@example.org .