Introduction

Welcome to our platforms https://www.pixelwiser.com/, https://prd.ispkl.com/ and https://pixelwiser.ispkl.com/ . By accessing these sites, you agree to comply with certain essential rules that we must bring to your attention.

First, it is important to understand that every interaction with our sites is governed by terms of use. Whether you are simply browsing, viewing our pages, downloading documents, or using our services, these conditions consistently apply. By choosing to use our sites, you automatically agree to be legally bound by all these conditions, as well as any additional rules that may be mentioned on our platforms.

A crucial point to emphasize: if these conditions do not suit you, we ask you not to continue using our sites. This approach is essential to ensure a clear and transparent relationship with our users.

You also have an important responsibility as a user: to ensure that your use of our sites complies with the laws of your country or region. This obligation extends to all content and services you access through our platforms. It is your duty to verify the legality of your actions in your jurisdiction.

Finally, we must emphasize the consequences of non-compliance with these conditions. If you breach any of our terms of use, two immediate actions will be required: first, your authorization to access the site will be automatically revoked. Second, you will be obligated to immediately delete any content you may have downloaded or printed from our platforms.

These conditions are put in place to ensure respectful and secure use of our services, in the interest of all our users.

These conditions govern the use ofhttps://www.pixelwiser.com/, https://prd.ispkl.com/ and https://pixelwiser.ispkl.com/. It is essential to understand that these rules apply without exception to all our users, as indicated in our international versions:

By accessing our platforms, you acknowledge that you have read our terms of use and privacy policy. Your use of the site constitutes full and complete acceptance of these rules. This approach is fundamental to establishing a clear relationship between our services and our users.

A particularly important aspect concerns the evolution of these conditions. Pixel Wiser reserves the right to modify them at any time, without prior notification. These changes become effective as soon as they are posted on our sites. As a user, you agree to regularly review these conditions to stay informed of any modifications. Continuing to use our services after an update of the conditions will be considered as tacit acceptance of the new rules.

This dynamic approach to our terms of use aims to adapt our services to an ever-evolving digital environment. However, if these conditions or their future modifications do not suit you, we invite you to not use our platforms. This transparency is essential to maintain a relationship of trust with our users and ensure optimal use of our services.

Use of Content

Rights of Use and Obligations Regarding Pixel Wiser Sites

Pixel Wiser grants users controlled access to its content. You are authorized to view, download, and print pages from our sites for your personal or educational use. This authorization also extends to using our content for promoting Pixel Wiser products and services. However, it is essential to understand that the content must remain intact, without any modification.

The protection of our content is paramount. Any redistribution, publication, or copying is strictly prohibited. Regarding the software present on our sites, you may not decompile, reverse engineer, disassemble, or create derivative works. This software is subject to specific license agreements, accessible on our platforms.

As a user, you have important responsibilities. Your use must not disrupt the operation of our sites or compromise the security of our servers. We expect you to strictly comply with applicable laws and regulations. It is particularly important not to introduce harmful content, whether it be defamation, obscenity, or incitement to hatred, which could result in civil or criminal liability.

Regarding confidentiality, unless there is prior written agreement with Pixel Wiser, any communication made via our sites is considered non-confidential. We reserve the right to use these communications for various purposes, including research and development. However, Pixel Wiser disclaims any responsibility for the truthfulness or accuracy of these communications. An important point to note: personally identifiable information such as names, addresses, and phone numbers are handled according to our privacy policy.

Failure to comply with these conditions may constitute a violation of copyright laws, trademarks, communications, and other applicable regulations. We take these violations very seriously and reserve the right to take legal action if necessary.

Use of Materials and Services

Quality Commitment and Liability Limitations

At Pixel Wiser, we are deeply committed to delivering high-quality services and educational materials. While we constantly strive for excellence in our professional training, technical services, and all related offerings, we believe in being transparent about both our commitments and limitations.

We invest significant effort in developing and maintaining our training documents, case studies, white papers, and other educational materials. However, we must acknowledge that despite our best efforts, we cannot guarantee absolute accuracy or complete absence of errors in our content. The information we provide may need updating, and its relevance can vary depending on specific situations.

When using our services and materials, we encourage you to rely on your professional judgment. Your expertise in your field is crucial for interpreting and adapting our content to your specific context. Each organization has unique characteristics and challenges, making it essential to evaluate the relevance of our materials for your particular situation.

Our case studies and examples are designed to illustrate concepts and possibilities rather than promise specific outcomes. The results presented are based on particular circumstances and should not be interpreted as guaranteed performance indicators. Success depends on numerous factors specific to each organization, and results can vary significantly from one context to another.

Pixel Wiser cannot accept liability for any consequences resulting from the use of our materials. This includes potential financial losses, operational challenges, or results that differ from expectations. While we provide comprehensive information, we recommend viewing our content as supporting tools rather than definitive solutions.

For the best results, we suggest integrating our materials into your broader strategic thinking. Consider consulting relevant experts when implementing significant changes, and always maintain a thoughtful, critical approach to applying our recommendations. Our goal is to support your decision-making process while respecting your organization's unique needs and circumstances.

This balanced approach allows us to maintain our commitment to quality while being clear about the scope and limitations of our services, fostering a transparent and productive relationship with our users.

Notice of Non-Warranty and Liability Limitations

At Pixel Wiser, while we strive to provide quality services and content, we must clearly define the nature and limits of our commitments. Our platform and all its content are provided "as is," and users must understand the implications of this provision.

The information presented on our platform may contain inaccuracies or require updates. We reserve the right to modify, add, or remove any content without prior notice as part of our continuous improvement process. Each user bears responsibility for interpreting and using the information provided, including any decisions made based on our content.

We explicitly disclaim all warranties regarding merchantability, fitness for particular purposes, or non-infringement of intellectual property rights. Our platform and services come with no guarantee regarding the absence of viruses or other harmful elements in our digital content. We cannot be held liable for any direct or indirect damages, financial losses, data loss, property damage, personal injury, or revenue losses related to the use or inability to use our services.

Regarding digital security, while we implement reasonable measures, we cannot guarantee complete protection against IT risks. Users must take their own security precautions, and data transmission occurs at their own risk. Our platform may include links to external websites, but we do not control these external contents, and their presence does not imply our endorsement. Users access these resources at their own risk, and any link to our site requires our prior written authorization.

Forward-looking statements reflect our current expectations but may evolve. They inherently involve risks and uncertainties, and actual results may differ significantly from forecasts. We do not commit to updating such information. These provisions may vary by jurisdiction - some exclusions may not apply depending on your location, and mandatory legal rights remain in effect.

We recommend that users exercise professional judgment, consult appropriate experts when necessary, and carefully evaluate the suitability of information for their context. This approach helps protect all parties' interests while maintaining transparency in our service delivery.

Remember that all electronic communications and transactions involve some level of risk, and while we implement reasonable security measures, absolute security cannot be guaranteed. Users should maintain appropriate security practices and exercise caution when sharing or accessing information online.

This policy aims to establish clear understanding while protecting all parties' interests in a transparent and professional manner.

Intellectual Property

Pixel Wiser, as a leader in innovative technological solutions development, places paramount importance on protecting its intellectual assets and intangible heritage. This policy comprehensively and bindingly defines Pixel Wiser's exclusive rights and the strict conditions for their use.

Copyrights, patents, trademarks, trade secrets, know-how, and all other intellectual property rights related to Content provided by Pixel Wiser, its affiliated companies, and/or partners constitute the exclusive and inalienable property of Pixel Wiser. This ownership extends without limitation to all constituent elements of our activity, including notably the operating software, publishing platforms, proprietary databases, system architectures, developed methodologies, as well as all technological innovations and operational processes.

Any use, reproduction, modification, adaptation, distribution, or exploitation of the Content, in any form whatsoever, is expressly prohibited without prior written authorization from Pixel Wiser's legal representatives. Violators will face immediate and systematic legal proceedings, including actions for infringement, unfair competition procedures, and claims for substantial damages. Pixel Wiser also reserves the right to claim full reimbursement of incurred legal and investigation costs.

As part of a proactive rights protection policy, Pixel Wiser implements continuous digital monitoring of its intellectual assets' usage. This surveillance relies on advanced technological tools enabling rapid detection and precise documentation of any unauthorized use. Evidence thus collected may be used as proof in legal proceedings.

A limited license may be granted to authorized users, subject to strict compliance with the following conditions:

The license is revocable at any time without notice or justification

It remains non-exclusive and strictly non-transferable

Its use is limited to specifically defined personal purposes

It is subject to strict confidentiality obligations

Any violation of the terms of use results in immediate termination

Pixel Wiser's distinctive elements, including graphics, logos, designs, slogans, headers, scripts, and trade names, benefit from enhanced protection under trademark law. These assets are subject to particular surveillance, and any unauthorized use will result in immediate enforcement measures, including emergency procedures before competent jurisdictions.

In case of proven violation of Pixel Wiser's rights, offenders face:

Cumulative civil and criminal proceedings

Full compensation for commercial damages incurred

Reimbursement of investigation and procedural costs

Application of daily penalties for non-compliance with judicial injunctions

Publication of court decisions at the offender's expense

Any person aware of a potential violation of Pixel Wiser's intellectual property rights must immediately inform our legal department via the contact information available on our Contact page. The company maintains a zero-tolerance policy toward any infringement of its rights and commits to systematically pursuing violators with the utmost firmness.

The trademarks Pixel Wiser™ and SPARKEL™ are registered or unregistered trademarks of Pixel Wiser, benefiting from legal protection in all relevant jurisdictions.

This intellectual property rights protection policy is strictly enforced and cannot be subject to any derogation without the explicit, written, and prior agreement of Pixel Wiser's legal representatives.

Privacy and Security

Data Protection and Confidentiality Commitment

Pixel Wiser places paramount importance on protecting your privacy and implements advanced technical and organizational security measures to protect your personal information. Our commitment to data protection is part of a rigorous compliance approach with current international regulations. For a detailed understanding of our practices regarding the collection, use, and disclosure of Personal Information, we invite you to consult our comprehensive Privacy Policy.

Limitation of Liability and Security Measures

While Pixel Wiser deploys sophisticated security protocols and robust protective measures, we draw your attention to the fact that, in today's digital environment, no security system can guarantee absolute protection against any form of malicious intrusion. Consequently:

Disclaimer of Liability:

Pixel Wiser expressly disclaims any liability for data interception or unauthorized access

This disclaimer covers all direct, indirect, special, incidental, or consequential damages

This includes, but is not limited to, loss of profits, commercial damages, and intangible losses

This clause applies even in cases where Pixel Wiser has been previously informed of the possibility of such damages

User Obligations:

Users assume full responsibility for securing their login credentials

They commit to maintaining strict password confidentiality

Any negligence in protecting authentication information is the sole responsibility of the user

Users are required to immediately report any suspicion of credential compromise

Preventive Measures:

Pixel Wiser recommends the use of strong and unique passwords

Regular changes of authentication information are strongly advised

Two-factor authentication activation is highly recommended when available

Users are encouraged to follow regularly communicated security best practices

Force Majeure and Exceptional Circumstances

Pixel Wiser, in the provision of its services, may face unforeseeable events beyond its reasonable control. This clause comprehensively defines the applicable regime in cases of force majeure or exceptional circumstances affecting Pixel Wiser's ability to provide its services.

Events expressly considered as force majeure include, without limitation, any natural disaster, epidemic, pandemic, cyberattack, IT security incident, technical or telecommunications infrastructure failure, war, armed conflict, terrorist threat, civil unrest, riot, demonstration, strike, social conflict, governmental action, regulatory change, as well as any disruption of communication or energy networks, or failure of essential suppliers or subcontractors.

Upon the occurrence of such an event, Pixel Wiser is automatically and immediately released from its contractual obligations, without any formality being necessary. This release extends throughout the duration of the event and includes a reasonable recovery period after its end. Pixel Wiser incurs no liability for any direct or indirect damages resulting from this situation and reserves the absolute right to suspend, modify, or discontinue all or part of its services, without notice and without any compensation or refund being due to users.

As part of its commitment to transparency, Pixel Wiser will endeavor, where possible, to inform users of force majeure situations significantly affecting its services. The company will implement measures it deems appropriate, at its sole discretion, to minimize the impact on its services and maintain data security during the interruption period. However, this information obligation does not constitute a performance obligation, and its non-compliance shall not engage Pixel Wiser's liability.

If the force majeure event persists beyond a reasonable duration, Pixel Wiser reserves the right to proceed with a permanent modification of its services, or even their definitive termination, without this decision being contestable or giving rise to any compensation.

By using Pixel Wiser's services, you expressly acknowledge and accept the potential existence of these risks, Pixel Wiser's total exemption from liability in these situations, and the possibility of service modifications or interruptions without right to compensation or refund. This acceptance constitutes an essential and determining element without which Pixel Wiser would not have contracted.

Termination and Suspension of Access Rights

Pixel Wiser maintains absolute authority and total discretionary power regarding access to and use of its services. Under this sovereign authority, Pixel Wiser may, at its sole and complete discretion, and without any prior justification or notification, proceed with the immediate termination or suspension of any user account, any access to the Site, or associated Services.

Such termination or suspension may be initiated for any reason deemed relevant by Pixel Wiser, including, without limitation: any breach of these Terms of Use, any behavior deemed inappropriate, any suspicious or fraudulent use, any presumed violation of intellectual property rights, any non-compliance with applicable laws, any prolonged account inactivity, or at the request of competent authorities. Pixel Wiser also reserves the right to terminate or suspend access for technical reasons, security, maintenance, or for any other reason at its absolute discretion.

The termination or suspension takes effect instantly upon its implementation by Pixel Wiser. This decision automatically and irrevocably results in the revocation of all previously granted access rights, the immediate prohibition of accessing the Site or Services, as well as the potential deletion of all content, data, and information associated with the concerned account. This deletion is permanent, and no subsequent recovery will be possible.

In the event of termination or suspension, no refund or compensation of any kind shall be due or granted. The user remains fully responsible for all obligations incurred and all actions taken before the effective date of termination or suspension. This responsibility includes, notably, the payment of all fees incurred and the repair of any damage caused.

Pixel Wiser expressly retains the right to legally pursue any violation of these Terms that occurred before termination or suspension, to take all legal measures deemed appropriate, to claim damages, and to report any suspicious or illegal activity to competent authorities. Provisions relating to intellectual property, confidentiality, indemnification, and all other relevant obligations survive termination or suspension and continue to apply according to their terms.

Furthermore, Pixel Wiser reserves the right to permanently prohibit any future access to its services to any user whose account has been terminated or suspended, including by blocking any attempt to create a new account. This prohibition may extend to any person or entity that Pixel Wiser considers, at its sole discretion, to be associated with the concerned user.

Indemnification

General Indemnification Provisions

By accessing and using Pixel Wiser's services, you expressly acknowledge and accept your absolute and unconditional obligation to indemnify Pixel Wiser, its associated entities, and personnel. This obligation covers all damages, losses, and expenses, without exception or limitation, resulting from your actions or omissions in connection with the use of our services.

Scope of Indemnification

Usage-Related Liability:

You agree to assume full financial and legal responsibility for:

Any use, authorized or not, of the platform

Direct and indirect consequences of your interactions

Impact on technical infrastructure and data

Damages caused to other users

Violations and Breaches:

The indemnification extends to:

Any non-compliance with terms of use

Violations of legal provisions

Breaches of service integrity

Abusive or malicious uses

 

Protection of Rights:

You commit to fully cover:

Intellectual property violations

Confidentiality breaches

Third-party rights infringements

Reputational damages

Financial Coverage

 

The indemnification obligation includes, but is not limited to:

Full reimbursement of damages incurred

Coverage of legal fees

System restoration costs

Remediation expenses

Associated administrative costs

Implementation of Indemnification

 

Pixel Wiser reserves the right to:

Demand immediate indemnification

Initiate necessary recovery procedures

Suspend service access until resolution

Claim late payment interest

Waiver and Severability

Protection of Pixel Wiser's Interests:

In case of judicial invalidation: If a competent jurisdiction declares any provision of these Terms of Use invalid, void, or unenforceable for any reason whatsoever, that specific provision alone shall be severed. Such partial invalidation shall in no way:

Affect the legal validity of other clauses

Compromise the applicability of the remaining document

Diminish the enforceability of the remaining provisions

Call into question the general structure of the contract

 

Permanent Preservation of Rights:

Pixel Wiser maintains all of its rights and prerogatives under all circumstances. In the event that:

Pixel Wiser does not immediately react to a breach

There is a delay in applying a sanction

The company temporarily chooses not to exercise a right

 

These situations cannot under any circumstances:

Be interpreted as a waiver of its rights

Limit its future capacity to act

Restrict its power to subsequently exercise all of its prerogatives

Be used to challenge the validity of any future action by Pixel Wiser

Pixel Wiser thus retains full latitude to assert its rights at the time it deems most appropriate, without its temporary inaction being held against it.

Governing Law and Jurisdiction

Headquarters and Operational Control:

Pixel Wiser, a company established and operating from the People's Republic of China, maintains exclusive control and comprehensive management of this Site.

Binding Legal Framework:

These Terms of Use are strictly and exclusively governed by:

The laws of the People's Republic of China

Applicable national regulations within Chinese territory

Current legal provisions, without regard to principles of conflict of laws

 

Exclusive Jurisdiction and Irrevocable Acceptance:

By accessing this Site, you expressly acknowledge and accept, unconditionally and irrevocably:

 

To be legally bound by all applicable Chinese legal framework

To submit to the exclusive jurisdiction of Chinese courts

To bring any dispute regarding the interpretation or application of these Terms of Use exclusively before the competent Chinese courts

To waive any challenge to the territorial jurisdiction of Chinese courts

Pixel Wiser reserves the right to take any appropriate legal action before the competent courts to protect its interests and enforce these Terms of Use.

 

Effective Date of Terms of Use: January 2025

PLEASE BE AWARE THAT ADDITIONAL LEGAL NOTICES, TERMS AND CONDITIONS AND DISCLAIMERS MAY APPLY TO THIS SITE.