TERMS AND CONDITIONS

TERMS AND CONDITIONS

Last updated: 12 March 2025

These Terms and Conditions (the “Terms”) govern your access to and use of services provided by Pixway Technologies Inc. (“Pixway,” “we,” “us,” or “our”). Pixway is a company based in Vancouver, Canada. Our principal office is located at:

Pixway Technologies Inc.

5307 Victoria Drive #1014 

Vancouver, BC V5P 3V6


We operate and provide certain IT consulting, coding, and related services via our platform hosted on https://portal.pixwaytechnologies.com/ (“Platform”). By accessing or using the Platform, engaging our services, or making a payment through the Platform, you agree to be bound by these Terms. If you do not agree to any of these Terms, please refrain from using our Platform or our services.

1. ACCEPTANCE OF TERMS

1.1 Binding Agreement

By accessing or using the Platform or receiving any service from Pixway, you confirm that you have read, understood, and agree to be bound by these Terms. If you are entering into these Terms on behalf of an entity, you represent and warrant that you have the authority to bind that entity to these Terms.

1.2 Updates to Terms

We may modify, revise, or update these Terms at any time, at our sole discretion. Any changes will be effective immediately upon posting the updated Terms on https://portal.pixwaytechnologies.com/terms. Your continued use of our Platform or services following the posting of revised Terms signifies your acceptance of the revised Terms. Please review these Terms periodically to stay informed of any changes.

2. DESCRIPTION OF SERVICES

2.1 Scope

Pixway provides IT consulting, software development, coding, and related professional services (“Services”). We use the Odoo Community version 17 platform to facilitate communication, invoicing, payment processing, project management, and other aspects of service delivery.

2.2 No Guarantee of Results

While we strive to provide the best possible results through our Services, you acknowledge and agree that we cannot guarantee any specific outcome or improvement. All Services are provided on a best-efforts basis, subject to these Terms.

2.3 Eligibility

You represent and warrant that:

  • You are at least the age of majority in your jurisdiction, or you have obtained consent from a parent or legal guardian to enter into these Terms.
  • You have not previously been suspended or removed from using our Services for any reason.

3. ACCOUNT REGISTRATION

3.1 User Account

To access certain features of our Platform and Services, you may be required to create a user account. You agree to provide accurate, current, and complete information during the registration process and to keep your account information updated at all times.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials, including your login information and any other sensitive data. You are also fully responsible for all activities that occur under your account. You agree to:

  • Notify us immediately of any unauthorized use of your account.
  • Use a strong password and maintain its confidentiality.

We will not be liable for any loss or damage arising from your failure to comply with these requirements.

4. PAYMENT TERMS

4.1 Pricing and Invoices

All applicable fees for our Services will be communicated through invoices sent via our Platform or other agreed channels. Each invoice will detail the scope of Services, cost breakdown, taxes, and payment due date. By using our Services, you agree to pay all fees and charges indicated in any invoice.

4.2 Payment Methods

We accept payment through the methods stated on each invoice (e.g., credit card, bank transfer, PayPal, or other third-party payment processors). You agree to provide and maintain valid and updated payment information. You authorize Pixway to charge your selected payment method for any applicable fees and taxes.

4.3 Late Payments

If you fail to pay the full amount by the payment due date, Pixway reserves the right to charge interest on any overdue amounts at the maximum rate allowed by applicable law. We may also suspend or terminate your access to the Services until all outstanding amounts are paid in full.

4.4 Taxes

All fees are exclusive of any sales, use, value-added, or other applicable taxes. You are responsible for paying any applicable taxes on the fees for the Services you purchase or otherwise receive.

4.5 Refunds

Refunds will be handled on a case-by-case basis, at our sole discretion. Except as required by law, we have no obligation to provide refunds or credits for partially used Services.

5. INTELLECTUAL PROPERTY

5.1 Our Ownership

All content, text, images, graphics, user interfaces, trademarks, logos, artwork, computer code, and other materials (“Content”) available through our Platform are owned by or licensed to Pixway. Such Content is protected by intellectual property laws. You may not copy, reproduce, modify, distribute, create derivative works from, or otherwise exploit any Content in whole or in part, without our prior written consent.

5.2 Your Ownership

You retain all ownership rights to any data, information, or materials you provide to us or input into our Platform (“User Content”). By submitting User Content, you grant us a non-exclusive, worldwide, royalty-free, sublicensable license to use, copy, modify, and display User Content to the extent necessary to perform our Services or operate our Platform.

5.3 Third-Party Software

Our Platform may include software, tools, or libraries licensed from third parties, including the Odoo Community version 17 software. Your use of any third-party software is subject to the applicable open-source licenses and terms of those third parties.

6. ACCEPTABLE USE

6.1 Prohibited Conduct

You agree not to:

  1. Use the Platform or Services for any unlawful purpose or in violation of any applicable local, state, provincial, national, or international law or regulation.
  2. Post or transmit through the Platform any infringing, libelous, defamatory, obscene, or otherwise objectionable content.
  3. Attempt to gain unauthorized access to any parts of the Platform, or any user accounts or systems, by hacking or other illicit means.
  4. Interfere with or disrupt the operation of the Platform or any networks or servers connected to the Platform.
  5. Use the Platform or Services in a manner that violates the rights of any third party, including intellectual property, privacy, or contractual rights.

6.2 Enforcement

We reserve the right, at our sole discretion, to investigate and take appropriate legal action against anyone who violates these Terms. This may include removing offending content, suspending or terminating accounts, and reporting you to law enforcement authorities if necessary.

7. CONFIDENTIALITY AND DATA PROTECTION

7.1 Confidential Information

During the course of using our Services, you or we may disclose non-public, confidential, or proprietary information (“Confidential Information”). Each party agrees to protect such Confidential Information using at least the same standard of care used to protect its own Confidential Information, and not to disclose it to any third party except as required for performing the Services or as required by law.

7.2 Data Protection

Any personal data you provide through our Platform or Services will be collected, used, and stored in accordance with applicable privacy laws. We take reasonable measures to protect the confidentiality and security of your data; however, no method of data transmission or storage can be guaranteed to be 100% secure. For more details on how we handle personal data, please see our [Privacy Policy] (if applicable).

8. WARRANTY DISCLAIMER

8.1 No Warranty

EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICES AND PLATFORM ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

8.2 No Guarantee

We do not warrant that the Platform or Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis; nor do we make any warranty regarding the reliability, timeliness, or quality of any information or content provided through the Platform.

9. LIMITATION OF LIABILITY

9.1 Indirect Damages

IN NO EVENT SHALL PIXWAY TECHNOLOGIES INC., ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUES, OR BUSINESS OPPORTUNITIES, WHETHER OR NOT FORESEEABLE AND WHETHER OR NOT PIXWAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9.2 Aggregate Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PIXWAY’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE PLATFORM OR SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO PIXWAY IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.

10. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Pixway, its affiliates, and their respective directors, officers, employees, and agents from and against any and all claims, losses, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or relating to:

  • Your use or misuse of the Services or Platform.
  • Your breach of these Terms.
  • Your violation of any third-party rights, including intellectual property or privacy rights.

11. TERM AND TERMINATION

11.1 Term

These Terms will remain in effect as long as you continue to use the Platform or receive Services from Pixway.

11.2 Termination by You

You may terminate your use of the Platform or Services at any time by ceasing all use and providing written notice to Pixway. Termination by you does not entitle you to any refunds unless otherwise specified.

11.3 Termination by Pixway

We may terminate or suspend your access to the Platform or Services immediately, without prior notice or liability, if you breach these Terms or for any other reason at our sole discretion.

11.4 Effect of Termination

Upon termination, you must stop using the Platform and Services. Any licenses granted to you under these Terms will automatically terminate, and any outstanding amounts owed to Pixway become immediately due.

12. GOVERNING LAW AND DISPUTE RESOLUTION

12.1 Governing Law

These Terms and any action related thereto will be governed by and construed in accordance with the laws of the Province of British Columbia, Canada, without regard to its conflict of laws provisions.

12.2 Dispute Resolution

Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, or interpretation thereof shall be submitted to the exclusive jurisdiction of the courts located in Vancouver, British Columbia, Canada.

13. FORCE MAJEURE

Pixway shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of governmental or military authorities, fire, floods, accidents, or strikes.

14. GENERAL PROVISIONS

14.1 Entire Agreement

These Terms, together with any associated order forms, invoices, or statements of work, constitute the entire agreement between you and Pixway regarding the use of the Platform and Services.

14.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.

14.3 No Waiver

No waiver of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition.

14.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may freely assign or transfer these Terms to any affiliate or in connection with a merger, acquisition, restructuring, or sale of assets.

14.5 Headings

Section headings are for convenience only and have no legal or contractual effect.

15. CONTACT INFORMATION

If you have any questions or concerns about these Terms or our Services, please contact us at:

Pixway Technologies Inc.

Email: info@pixwaytechnologies.com

Phone: +1 506 560 5005

Address: 5307 Victoria Drive #1014 Vancouver, BC V5P 3V6

By using the Platform or our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. If you do not accept these Terms, you are not authorized to access or use the Platform or Services.

Last Updated: 12 March 2025

These Terms and Conditions are posted at https://portal.pixwaytechnologies.com/terms and may be updated periodically without notice.