Terms of Serviceشروط الخدمة

1. Who we are

These Terms of Service ("Terms") are an agreement between you ("you" or the "Client") and Pixel Pioneer Information Technology LLC, a New Mexico limited liability company (NM Entity No. 7837003), registered office (registered agent address): 1209 Mountain Road Pl NE, Ste R, Albuquerque, NM 87110, USA ("Pixel Pioneer", "we", "us"). Pixel Pioneer is the contracting entity for services offered on pixelpioneer.io unless a signed quotation, invoice or agreement expressly names a different entity.

PIXEL PIONEER INFORMATION TECHNOLOGY L.L.C (Dubai, UAE, DET Licence No. 1191384) is a separate company using the Pixel Pioneer name. It is not a party to these Terms unless a signed document says so, and it is responsible only for contracts it signs itself.

2. Acceptance and changes

By using this website or ordering services you agree to these Terms. If you do not agree, do not use the website or order services. We may update these Terms by posting a new version with a new "last updated" date. Changes do not affect a quotation or agreement already accepted, unless both parties agree in writing.

3. Our services

We provide IT and software development services, including platform development, API integrations, point-of-sale applications, websites, ERP systems and related technical consulting (the "Services"). The scope, deliverables, timeline and price of each engagement are set out in a written quotation, statement of work or agreement (an "Order"). If an Order conflicts with these Terms, the Order prevails for that engagement.

We are a software development company and do not provide financial services. We do not hold funds for clients or their users, and we do not issue cards.

Eligibility and restrictions. Our Services are intended for businesses. We do not provide Services to persons or entities located in jurisdictions subject to comprehensive U.S. sanctions or listed on U.S. government sanctions lists, and deliverables may be subject to U.S. export-control laws. The Client is responsible for complying with these restrictions when using or redistributing deliverables.

4. Quotations, fees and payment

• Quotations are in US dollars (USD) unless stated otherwise and are valid for 30 days.
• Fees are invoiced as set out in the Order, usually as a deposit followed by milestone payments.
• Invoices are payable within the period stated on the invoice. We may pause work while an invoice is overdue.
• Fees exclude any taxes, payment-transfer charges, and third-party costs (such as hosting, app-store, licence or provider fees), which are the Client's responsibility unless the Order says otherwise.
• Refunds and cancellations are governed by our Refund & Cancellation Policy.

5. Client responsibilities

The Client will provide timely information, content, access and decisions; obtain and maintain its own accounts with any third-party providers we integrate; and make sure that its business, products and content comply with the laws and licensing requirements that apply to it. Delays caused by the Client may extend timelines and may be charged as additional work.

6. Delivery, acceptance and post-delivery responsibility

• Scope of our role. Our obligation is limited to programming, design, technical development and configuration under the Order. We are not a partner, operator, agent or joint venturer of the Client.
• Acceptance. Deliverables are deemed accepted if the Client does not report material non-conformities in writing within 10 business days of delivery, or when the Client uses them in production.
• After delivery. Once a project is delivered, or the Client has full access to the code or environment, operation of the system is the responsibility of the Client. The Client is solely responsible for content and data processed through the delivered software, for the nature and legality of its business and licences, for account and permission management, for changes it makes to the code, and for its own compliance with data-protection and other laws.
• Support. Delivery does not include ongoing maintenance, hosting, security updates or support unless agreed in a separate service-level agreement (SLA) for a fee.

7. Intellectual property

The content, trademarks, software and design of this website belong to Pixel Pioneer or its licensors. Ownership of, or a licence to, code developed for a Client passes to the Client as stated in the Order, and only after full payment. We keep ownership of our pre-existing tools, libraries and know-how, and grant the Client a licence to use them as part of the deliverables. Open-source components remain under their own licences.

8. Confidentiality

Each party will keep the other's non-public information confidential and use it only for the engagement, except where disclosure is required by law. Credentials shared for testing are deleted or returned at the end of the project.

9. Acceptable use

You must not: attempt to extract the website's source code, reverse-engineer or decompile any part of our software except as permitted by law; use our software or Services for unlawful or prohibited activities; attack, disrupt or introduce malware into our systems; or use automated tools to access or collect data from our systems without written permission. We may decline or stop work that we reasonably believe would breach the law or these Terms.

10. Warranties and disclaimers

We will perform the Services with reasonable skill and care. Except as expressly stated in an Order, the website, Services and deliverables are provided "as is", without other warranties, express or implied, including merchantability or fitness for a particular purpose. We do not guarantee that third-party services, networks or servers chosen by the Client will be uninterrupted or error-free. See also our Disclaimer.

11. Limitation of liability

To the maximum extent permitted by law, our total liability arising out of or relating to the Services or these Terms is limited to the amounts actually paid by the Client to Pixel Pioneer for the Services giving rise to the claim during the three (3) months before the event giving rise to liability. We are not liable for indirect, incidental, special or consequential damages, or for loss of profits, revenue or data. Nothing in these Terms limits liability that cannot be limited by law.

12. Indemnity

The Client will defend and indemnify Pixel Pioneer, its members, employees and contractors against claims, losses, regulatory fines and reasonable legal costs arising from the Client's business, content, or use or misuse of the delivered software after delivery, or from the Client's breach of these Terms.

13. Termination

Either party may terminate an Order by written notice if the other materially breaches it and does not cure the breach within 14 days. Cancellation for convenience is covered by the Refund & Cancellation Policy. Sections 7, 8 and 10–15 survive termination.

14. Governing law and disputes

These Terms and any Order are governed by the laws of the State of New Mexico, USA, without regard to its conflict-of-laws rules. The parties will first try to resolve any dispute in good faith by email. If unresolved within 30 days, the dispute will be submitted to the exclusive jurisdiction of the state and federal courts located in Bernalillo County, New Mexico, and each party consents to that jurisdiction.

15. General

These Terms and the Order are the entire agreement for an engagement. If any provision is unenforceable, the rest remains in effect. A failure to enforce a right is not a waiver. Neither party may assign an Order without the other's consent, except to a successor of its business. Neither party is liable for delays caused by events beyond its reasonable control.

16. Contact and notices

Pixel Pioneer Information Technology LLC · Registered office: 1209 Mountain Road Pl NE, Ste R, Albuquerque, NM 87110, USA

• Questions about the Services, quotations and support: inquiry@pixelpioneer.io
• Formal and legal notices under these Terms: info@pixelpioneer.io