1. General – Scope of Application

1.1 The following General Terms and Conditions apply to all business relationships between the customer and PixoVista, hereinafter referred to as "us/we." They are an integral part of all contracts concluded with the customer and also apply to future services and offers, even if they are not separately agreed upon again.

1.2. Terms and conditions of our customers or third parties do not apply and do not become part of the contract, even if we do not specifically object to their validity in individual cases.

1.3 We expressly reserve the right to change our General Terms and Conditions, system guidelines, and prices by prior notification via the customer account or via the email address provided as a contact.

1.4. The terms and conditions listed in the preamble apply in the order stated.

1.5. Our employees and third parties commissioned by them are not authorized to enter into verbal side agreements or make assurances.

2. Conclusion, Term, and Termination of Contract

2.1. The contract is concluded through the customer's order and our acceptance in accordance with the provisions of Section 2.4.

2.2. Our offers are subject to change and non-binding. Technical and other changes remain subject to reasonableness.

2.3. The customer assures that the data provided is correct and complete and will notify us of any changes in writing within 14 days at the latest. Upon request, the customer will provide appropriate evidence of the accuracy of the data.

2.4. By placing an order, the customer declares their contractual offer to be binding. We are entitled to accept or reject the contractual offer contained in the order within a period of 5 working days after receipt. The confirmation of receipt does not constitute a binding acceptance of the order.

2.5. Unless otherwise agreed, the contracts are concluded for an indefinite period.

2.6. The contract can be terminated by either party with 30 days' notice to the end of the month, without giving reasons. Depending on the service description, different notice periods may apply to our customers. Termination can be made in text form by letter, fax, email, or via the secure online administration area.

2.7. Furthermore, we reserve the right to terminate the contractual relationship without notice for good cause. Such good cause exists, among other things, if the customer fails to meet their payment obligations or violates other important customer obligations. Another good cause that may lead to blocking or termination without notice exists if the customer uses content that impairs the normal operating behavior or the security of the infrastructure or product, or violates paragraph 8.1. - 8.3. of these General Terms and Conditions.

2.8. If the customer intends to transfer their contractual rights and obligations to a third party, our consent is required. Such transfer must be made in writing. We are obligated to verify the legitimacy of the transferor and the identity of the third party.

3. Scope of Services

3.1. The scope of the contractual service is determined by the offer information valid at the time of the order and the resulting written agreements. We reserve the right to discontinue free services after prior notice or to offer them only for a fee.

3.2. If the subject of the contractual relationship is the registration of domain names, we are only responsible for arranging the desired domain. We exclude liability and warranty for the subsequent actual allocation of the ordered domain name. The customer can only assume that the domain name has been actually allocated once this has been confirmed by us. We have no influence on domain allocation.

3.3. We undertake to make commercially reasonable efforts to achieve an annual average network availability of 99.9% for our data centers.

3.4. Restrictions apply as described below.

3.5. If the service includes the assignment of an IP address, we would like to point out that a blacklist check of this IP address is not carried out and the customer has no right to a specific IP address. If necessary, we can change the IP address after prior notification.

3.6. If we offer technical support services that go beyond the service description, we will charge for these separately.

4. Terms of Payment and Default

4.1. The contractually agreed services will be invoiced at the updated prices, available at pixovista.site, plus statutory sales tax. If the service is a delivery of goods, the price is ex works, plus postage and packaging.

4.2. Depending on the contractual agreement, monthly, quarterly, or annual billing will be carried out using the agreed payment methods. The customer undertakes to comply with the terms and conditions of the payment service used.

4.3. If the agreed payment deadline is exceeded, we are entitled to charge default interest from the due date, even without a reminder. The amount is based on the provisions of Section 288 of the German Civil Code (BGB).

4.4. The customer is obligated to pay all applicable fees and taxes arising from their use of the services or those of third parties designated by them. Invoicing is carried out exclusively electronically and free of charge. Appropriate fees apply for postal delivery.

4.5. The customer is obligated to comply with any applicable export and import control regulations, in particular US regulations and all other relevant regulations.

5. Administration Rights and Obligations / Data Security

5.1. The customer has full and sole administration rights for the root and cloud server service areas. These must be managed and secured by the customer at their own expense and risk.

5.2. By using the services, the customer undertakes to set up and manage their servers in such a way that the integrity and availability of third-party networks, servers, and data are not compromised. In particular, it is strictly prohibited to use the servers for (d)DOS attacks or to operate open mail relays or other systems on the server that can perform these actions. In the event of violations, we reserve the right – without prior notice – to block the server and terminate the contract without notice.

5.3. For the Managed Server service area, the customer is granted only a basic usage authorization. We monitor the servers 24 hours a day for outages and provide free customer support for basic services. More extensive services lasting 15 minutes or more will be billed at a flat rate, after prior consultation with the customer.

5.4. The customer is obligated to use the provided services appropriately and to refrain from misuse and illegal activities.

5.5. The customer is responsible for regularly backing up their data outside of the server provided by us. If data is transmitted to us, the customer undertakes to create regular backup copies. The customer is obligated to perform a complete data backup before making any changes of their own or commissioned data. In the event of data loss, the customer is obligated to transmit the relevant data to us again free of charge or to restore it.

6. Data Protection

6.1. Data processing is carried out in accordance with the GDPR. Further information can be found in our privacy policy, available at https://pixovista.site/datenschutz.html

6.2. If the customer also wishes to process personal data of third parties with our services, the customer remains the sole controller within the meaning of data protection law. We only process personal data as a processor in accordance with Art. 28 GDPR if the customer concludes a contract for order processing with us. This data processing agreement is not concluded automatically. We offer the customer the opportunity to conclude a data processing agreement via the customer account, possibly supplemented by EU standard contractual clauses if products are ordered that are located in a third country.

6.3. We would like to point out that we cannot generally determine whether the customer processes personal data. The customer is therefore obliged to provide us with the necessary information, in particular whether personal data of third parties is processed, for what purpose this data is processed, and to which categories the personal data and the data subjects can be assigned. As long as we have not received a data processing agreement with the necessary information from the customer, we assume that the customer has not processed any personal data.We process third-party data with our services, so we do not take any measures based on data protection law.

6.4. We would like to point out that, given the current state of technology, there is still no comprehensive protection for data protection when transmitting data over the Internet. The customer is solely responsible for the security and backup of the data stored by them.

7. Use by Third Parties

7.1. The customer is entitled to grant third parties a contractual right of use to the services they have commissioned. In this case, the customer nevertheless remains the sole contractual partner. The customer remains solely and fully liable for compliance with the contractual agreements between the customer and us.

7.2. If the cooperation of the third party is required for any type of changes, the customer shall ensure that all legal and contractual provisions are complied with upon transfer of the right of use.

7.3. If the third party violates the contractual obligations or fails to fulfill the obligation to cooperate, if the data provided by them is incorrect or incomplete, or if other problems arise with the granting of these usage rights, the customer is fully liable for all resulting damages and further indemnifies us against all claims made against us by the third party or others.

8. Use of Services / Content

8.1. The customer is obligated to independently review and comply with the legal provisions arising from the use of the contractually agreed services, in particular the Telecommunications Act, the Telemedia Act, as well as national and international industrial and intellectual property rights, personal rights, the provisions of competition law, and data protection law. The customer indemnifies us against all claims by third parties arising from violations of these obligations.

8.2. The customer undertakes not to publish any content that infringes the rights of third parties or otherwise violates applicable law. This includes, but is not limited to, pornographic or obscene materials, extremist or morally reprehensible content, gambling, and material likely to seriously harm children or young people or violate the rights of third parties (copyright, name, trademark, and data protection rights). This also includes the publication of defamatory content, insults, or slander of individuals or groups of individuals.

8.3. Sending spam emails is prohibited. This particularly includes sending unauthorized, unsolicited advertising to third parties. When sending emails, it is also prohibited to provide false sender information or to conceal the sender's identity in any other way. Furthermore, the operation of applications for mining cryptocurrencies is prohibited. This includes, but is not limited to, mining, farming, and plotting of cryptocurrencies. In the event of non-compliance, we reserve the right to block access.

8.4. Upon becoming aware of illegal activities, we are obligated, in accordance with Art. 6 (1) DSA (Digital Services Act), to request the immediate removal of the offending content and are entitled to block your access.

9. Liability

9.1. Use of the services is at your own risk. We are liable for indirect damages in the event of intent or gross negligence, but not for lost profits. For culpable violations that were not caused by gross negligence or intent, we are liable for the damage typically foreseeable under the contract, up to a maximum of 100% of the customer's monthly product rental fee.

9.2. If the customer violates the obligations set out in Section 8 with their content, in particular statutory prohibitions and common decency, they are liable to us for compensation for all resulting direct or indirect damages, including financial losses. Furthermore, the customer undertakes to indemnify us against third-party claims – regardless of the legal basis – resulting from the customer or third parties designated by him. This indemnification obligation also includes all legal defense costs incurred.

10. Warranty

If the service is a delivery of goods, a limitation period of 12 months after delivery applies to claims for defects. If the service consists of the delivery of used goods, we exclude any liability for defects. For claims for damages in the event of intent and gross negligence, as well as for injury to life, limb, or health based on an intentional or negligent breach of duty by the user, the statutory e limitation period.

11. Lien

The customer grants us a lien on the equipment installed by them or third parties in the data center to secure the claims arising from the contractual relationship. We are entitled to enforce the lien after notifying the customer and their outstanding claims if the customer does not settle all outstanding claims within 10 working days of the threat of sale. Any surpluses will be paid out to the customer.

12. Cancellation Policy

12.1. You have the right to cancel this contract within fourteen days of conclusion of the contract without giving any reason. To exercise your right of cancellation, you must notify us, PixoVista by Werbefrizz e.U. , Stadtplatz 12/2 - 3860 Heidenreichstein - Austria, Email: info@pixovista.site, by means of a clear statement (e.g. a letter sent by post, fax, email, or via the secure online administration area) of your decision to withdraw from this contract. You may use the model withdrawal form for this purpose, but this is not mandatory. To meet the withdrawal deadline, it is sufficient that you send the notification of your exercise of the right of withdrawal before the expiry of the withdrawal period.

12.2. Consequences of Cancellation
If you cancel this contract, we will refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the cheapest standard delivery option offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of the contract. For this refund, we will use the same means of payment that you used for the original transaction, unless we mutually agree otherwise. Under no circumstances will you be charged any fees for this refund. If the canceled item is a service that has already begun at the time of cancellation, the corresponding pro rata amount must be paid.

12.3. Cancellation at any time by email

13. Dispute Resolution Procedure

The EU Commission provides a platform for out-of-court online dispute resolution (ODR platform), which can be accessed at https://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

14. Final Provisions and Severability Clause

14.1. These General Terms and Conditions and the contractual relationship between us and the customer are governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods and international private law.

14.2. The exclusive, including international, place of jurisdiction for all disputes arising from the contractual relationship is our registered office in Gunzenhausen. However, we are entitled in all cases to sue at the customer's registered office. Overriding statutory provisions, in particular those regarding exclusive jurisdiction, remain unaffected.

14.3 Should any provision be or become invalid or unenforceable in whole or in part, this shall not affect the validity of the remaining provisions. The same shall apply if and to the extent that a gap should emerge in this Agreement. In place of the invalid or unenforceable provision, an appropriate provision shall apply that, to the extent legally possible, corresponds to the meaning and purpose of the invalid or unenforceable provision or the presumed intention of the parties had they considered this point.

Version 1.0.0 / As of March 23, 2025