Terms and Conditions

By accessing or using the Nightshade Pixel website and services, you agree to comply with and be bound by these Terms and Conditions, our Privacy Policy, Cookie Policy, and any additional terms that may apply to specific services or features. These documents together form the complete agreement between you and Nightshade Pixel.

If you are using our services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these terms, and references to "you" in these terms shall refer to both you as an individual and the organization you represent.

We reserve the right to modify these Terms and Conditions at any time. Material changes will be communicated through our website, and your continued use of our services after such changes constitutes acceptance of the modified terms. It is your responsibility to review these terms periodically.

To maintain the integrity and security of our website and services, the following activities are strictly prohibited:

• Attempting to gain unauthorized access to any portion of our website, services, computer systems, or networks
• Using any automated means, including robots, crawlers, or scrapers, to access our website without prior written permission
• Engaging in any activity that disrupts or interferes with our services or the experience of other users
• Transmitting any viruses, worms, malware, or other harmful code through our systems
• Collecting or harvesting personal information of other users without consent
• Impersonating any person or entity, or falsely representing your affiliation with any person or entity
• Using our services to distribute spam, unsolicited communications, or commercial messages
• Attempting to reverse engineer, decompile, or extract source code from our website or services
• Removing, obscuring, or altering any copyright, trademark, or proprietary rights notices
• Using our services for any illegal purpose or to violate the rights of others
• Framing or mirroring any part of our website without prior written authorization
• Creating derivative works based on our website content or services without permission

Violation of these prohibitions may result in immediate termination of your access to our services, legal action, and reporting to relevant authorities as appropriate.

Your privacy is important to us. Our collection, use, and protection of personal data is governed by our Privacy Policy, which is incorporated into these Terms and Conditions by reference. By using our services, you consent to the collection and use of your information as described in our Privacy Policy.

We implement reasonable security measures to protect your data, but cannot guarantee absolute security. You acknowledge that you provide information at your own risk and that electronic transmission and storage always involves some degree of risk. You are responsible for maintaining the confidentiality of any sensitive information you share with us.

In the event of a data breach that affects your personal information, we will notify you in accordance with applicable data protection laws and our internal incident response procedures. We will take appropriate steps to mitigate harm and prevent future breaches.

Neither party shall be liable for any failure or delay in performance under these Terms and Conditions due to circumstances beyond their reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, epidemics, pandemics, government actions, utility failures, or internet disruptions.

In the event of a force majeure situation, the affected party shall promptly notify the other party and make reasonable efforts to minimize the impact of the delay. If the force majeure event continues for more than 60 days, either party may terminate affected service agreements with written notice.

These Terms and Conditions, together with our Privacy Policy, Cookie Policy, and any specific project agreements, constitute the entire agreement between you and Nightshade Pixel regarding the use of our website and services. These terms supersede all prior or contemporaneous communications, whether electronic, oral, or written, between you and us regarding our services.

No amendment or modification of these Terms and Conditions shall be binding unless in writing and signed by an authorized representative of Nightshade Pixel. Individual project agreements may contain additional terms specific to those projects, and in case of conflict between these general terms and specific project terms, the project terms shall prevail for matters within their scope.