Terms of Service

Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client", "you", or "your") and PixelMentor SARL ("PixelMentor", "we", "us", or "our") regarding your use of our payment processing services and website.

By accessing our website, using our services, or entering into a service agreement with PixelMentor, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not use our services.

These Terms apply to all users of our services, including businesses, merchants, and website visitors. Additional terms may apply to specific services as outlined in separate service agreements.

About PixelMentor

PixelMentor SARL is a Luxembourg-based company providing payment processing solutions and financial technology services to businesses across the European Union.

Services Description

PixelMentor provides the following payment processing services:

• Online payment gateway services
• Mobile payment processing solutions
• Compliance management and regulatory support
• Risk management and fraud prevention
• Transaction processing and settlement services
• Technical integration support and API access
• Reporting and analytics services

Specific service features, capabilities, and limitations are detailed in individual service agreements and technical documentation provided to clients.

User Obligations

By using our services, you agree to the following obligations:

Compliance Requirements

• Comply with all applicable laws, regulations, and industry standards
• Maintain valid business licences and permits required for your operations
• Adhere to PCI DSS requirements and other security standards
• Implement appropriate data protection measures in compliance with GDPR

Prohibited Activities

• Use our services for illegal activities or prohibited business types
• Process transactions that violate card network rules or regulations
• Attempt to circumvent security measures or access unauthorised areas
• Engage in fraudulent, deceptive, or misleading practices
• Use our services to harm or interfere with other users or systems

Information Accuracy

• Provide accurate, complete, and current information about your business
• Promptly update us of any material changes to your business or operations
• Maintain accurate transaction records and provide them upon request
• Notify us immediately of any suspected security breaches or unauthorised access

Payment Terms

Payment terms, including fees, pricing, and settlement schedules, are specified in individual service agreements. General payment principles include:

• Fees are charged according to the agreed pricing structure
• Settlement schedules vary based on your service agreement and risk assessment
• We may hold reserves or implement rolling reserves as required for risk management
• Chargebacks, refunds, and disputes are handled according to card network rules
• You are responsible for all taxes related to your use of our services

Intellectual Property

All intellectual property rights in our services, technology, software, documentation, and website content are owned by PixelMentor or our licensors. This includes but is not limited to:

• Software, APIs, and technical systems
• Trademarks, logos, and brand elements
• Documentation, guides, and training materials
• Website content and design elements
• Proprietary algorithms and methodologies

You are granted a limited, non-exclusive, non-transferable licence to use our services and related materials solely for the purposes outlined in your service agreement. You may not:

• Copy, modify, or create derivative works of our intellectual property
• Reverse engineer, decompile, or disassemble our software or systems
• Use our trademarks or branding without express written permission
• Distribute, sublicense, or transfer your access rights to third parties

Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of personal data is governed by our Privacy Policy, which forms an integral part of these Terms. By using our services, you also agree to our Privacy Policy.

For payment processing services, both parties may act as data controllers or processors depending on the specific circumstances. Data processing arrangements and responsibilities are detailed in separate Data Processing Agreements where required under GDPR.

You are responsible for ensuring that any personal data you provide to us is collected and shared in compliance with applicable data protection laws, including obtaining necessary consents from data subjects.

Service Availability and Maintenance

We strive to maintain high service availability, but we cannot guarantee uninterrupted access to our services. Service availability may be affected by:

• Scheduled maintenance and system updates
• Emergency maintenance or security measures
• Third-party service provider outages
• Network connectivity issues or force majeure events

We will provide reasonable notice of planned maintenance when possible and work to minimise service disruptions. Service level agreements and uptime commitments are specified in individual service contracts where applicable.

Limitation of Liability

To the maximum extent permitted by applicable law, PixelMentor's liability to you for any claims arising from or related to these Terms or our services is limited as follows:

Exclusion of Certain Damages

PixelMentor shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, or business opportunities, even if we have been advised of the possibility of such damages.

Limitation of Total Liability

Our total liability for all claims arising in any calendar year shall not exceed the total fees paid by you to PixelMentor during the twelve months preceding the event giving rise to the claim.

Exceptions

The above limitations do not apply to: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) gross negligence or wilful misconduct; or (d) any other liability that cannot be limited by law.

Indemnification

You agree to indemnify, defend, and hold harmless PixelMentor, its affiliates, officers, directors, employees, and agents from and against any claims, damages, losses, costs, and expenses (including reasonable legal fees) arising from or related to:

• Your use of our services or violation of these Terms
• Your business operations, products, or services
• Your violation of any applicable laws or regulations
• Any third-party claims related to your transactions or business activities
• Your breach of any representations, warranties, or obligations under these Terms

Termination

Either party may terminate the service relationship in accordance with the terms specified in individual service agreements. General termination principles include:

Termination by You

You may terminate your use of our services by providing written notice according to your service agreement terms and fulfilling any outstanding obligations.

Termination by PixelMentor

We may suspend or terminate your access to our services immediately if you violate these Terms, engage in prohibited activities, or if we determine that continued service provision poses unacceptable risks.

Effect of Termination

Upon termination, your right to use our services ceases immediately. Provisions relating to payment obligations, intellectual property, limitation of liability, and governing law shall survive termination.

Governing Law

These Terms and any disputes arising from or related to these Terms or our services shall be governed by and construed in accordance with the laws of Luxembourg, without regard to its conflict of law provisions.

Any legal action or proceeding arising under these Terms shall be brought exclusively in the competent courts of Luxembourg, and the parties hereby consent to the personal jurisdiction and venue of such courts.

If you are a consumer resident in the European Union, you may also have the right to bring proceedings in the courts of your country of residence, and nothing in these Terms affects your rights as a consumer under applicable consumer protection laws.

Dispute Resolution

We encourage the amicable resolution of disputes. If you have any concerns or complaints about our services, please contact us first at legal@pixelmentor.pro so we can work together to resolve the matter.

For disputes that cannot be resolved through direct negotiation, the parties agree to attempt resolution through mediation before pursuing litigation. Mediation shall be conducted in Luxembourg under the rules of a recognised mediation service provider.

Force Majeure

Neither party shall be liable for any failure or delay in performance under these Terms that is due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labour strikes, government actions, or failures of third-party service providers. The affected party shall promptly notify the other party of such circumstances and use reasonable efforts to mitigate the impact.

Amendments and Updates

We reserve the right to modify these Terms at any time to reflect changes in our services, legal requirements, or business practices. When we make material changes, we will:

• Post the updated Terms on our website with a new "Last updated" date
• Notify you by email or through your account dashboard where applicable
• Provide reasonable notice before changes take effect

Your continued use of our services after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the changes, you must discontinue use of our services.

Severability

If any provision of these Terms is found 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 original intent of the parties.

Entire Agreement

These Terms, together with our Privacy Policy and any applicable service agreements, constitute the entire agreement between you and PixelMentor regarding the subject matter herein and supersede all prior or contemporaneous communications, agreements, and understandings, whether written or oral.

Contact Information

If you have any questions about these Terms or need to contact us regarding legal matters, please use the following contact information: