Terms of Use

Last updated: January 2024

1. Acceptance of Terms

These Terms of Use ("Terms") constitute a legal agreement between you ("User", "Client" or "you") and PixelDMP ("we", "our", "company" or "PixelDMP"). By accessing, using, or registering to use our Data Management Platform (DMP) services, you agree to be bound by these Terms.

2. Definitions

• Services: Refers to the Data Management Platform (DMP) and all related services provided by PixelDMP.
• Account: Refers to the account created by you to access and use our services.
• Data: Refers to all information, data, and content processed through our services.
• Client: Refers to the individual or legal entity that contracts our services.
• End User: Refers to individuals whose data is processed through our services.

3. Eligibility

To use our services, you must:

• Be at least 18 years old or have legal capacity to enter into contracts
• Provide accurate, complete, and up-to-date information during registration
• Maintain the security of your account and access credentials
• Be responsible for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

4. Description of Services

PixelDMP provides a Data Management Platform that enables:

• Collection, organization, and segmentation of user data
• Creation of audiences for marketing campaigns
• Real-time data analysis and processing
• Integration with advertising and marketing platforms
• Analytics tools and reports

We reserve the right to modify, suspend, or discontinue any aspect of the services at any time, with or without prior notice.

5. Registration and Account

5.1. Account Creation

To use our services, you must create an account by providing accurate and complete information. You are responsible for maintaining the confidentiality of your access credentials.

5.2. Account Security

You are responsible for:

• Maintaining the confidentiality of your password
• All activities that occur under your account
• Notifying us immediately of any unauthorized use
• Ensuring you log out at the end of each session

6. Acceptable Use

You agree NOT to use our services for:

• Any illegal or unauthorized purpose
• Violating any law, regulation, or third-party rights
• Transmitting viruses, malware, or malicious code
• Attempting to gain unauthorized access to systems or data
• Interfering with or disrupting service operations
• Collecting or processing data without adequate consent
• Violating privacy or data protection rights
• Sending spam, phishing, or fraudulent communications
• Falsifying or masking your identity
• Reverse engineering or attempting to extract source code

7. Data and Content

7.1. Data Ownership

You retain all ownership and rights to the data you provide or process through our services. By using our services, you grant us a limited license to process, store, and analyze your data as necessary to provide the services.

7.2. Data Responsibility

You are responsible for:

• Ensuring you have all necessary rights and consents to process the data
• Complying with all applicable laws and regulations, including LGPD
• Providing notices and obtaining adequate consents from end users
• Maintaining data accuracy and currency

7.3. Backup and Retention

Although we make reasonable efforts to maintain backups, you are responsible for maintaining backup copies of your important data. We do not guarantee indefinite data retention.

8. Intellectual Property

8.1. PixelDMP Property

All rights, titles, and interests in the platform, software, trademarks, logos, and related materials are the exclusive property of PixelDMP or its licensors.

8.2. Use License

We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use our services in accordance with these Terms.

9. Payment and Billing

9.1. Fees

Use of our services is subject to payment of fees as agreed in a contract or service plan. All fees are non-refundable, except as required by law.

9.2. Automatic Renewal

Services may be automatically renewed unless you cancel before the end of the billing period.

9.3. Late Payment

In case of late payment, we reserve the right to suspend or terminate your access to the services.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND
• WE DO NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE
• WE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES
• OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU IN THE LAST 12 MONTHS

11. Indemnification

You agree to indemnify, defend, and hold harmless PixelDMP from any claims, damages, losses, liabilities, and expenses (including attorney fees) arising from:

• Your use of the services
• Violation of these Terms
• Violation of third-party rights
• Data you provide or process through the services

12. Termination

12.1. Termination by You

You may terminate your account at any time through account settings or by contacting us.

12.2. Termination by Us

We may suspend or terminate your access to the services immediately, without prior notice, if you:

• Violate these Terms
• Fail to make due payments
• Use the services fraudulently or illegally
• Endanger the security or integrity of the services

12.3. Effects of Termination

Upon termination, your right to access the services will cease immediately. We may retain or delete your data in accordance with our Privacy Policy and legal requirements.

13. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify you of significant changes by email or through a notice on our website. Your continued use of the services after modifications constitutes acceptance of the new Terms.

14. Applicable Law and Jurisdiction

These Terms are governed by the laws of the Federative Republic of Brazil. Any dispute will be resolved in the competent courts of São Paulo, SP, Brazil.

15. General Provisions

15.1. Complete Agreement

These Terms, together with our Privacy Policy, constitute the complete agreement between you and PixelDMP.

15.2. Severability

If any provision of these Terms is deemed invalid, the remaining provisions will remain in full force.

15.3. Waiver

The failure to exercise any right under these Terms does not constitute a waiver of such right.

15.4. Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms at any time.

16. Contact

For questions about these Terms of Use, please contact us:

• Email: legal@pixeldmp.com (pixeldmp.com)
• Registered office: Singapore