Terms and Conditions

1. Agreement to Terms

By accessing or using PivotXP's website, services, or platforms (collectively, the "Services"), you agree to be bound by these Terms and Conditions. If you disagree with any part of these terms, you may not access or use our Services.

2. Services Description

PivotXP provides experiential technology services including but not limited to: custom software development, registration systems, leaderboards and gamification, photo and video capture systems, data analytics, event internet solutions, and on-site deployment support. Services are provided subject to availability and may be modified or discontinued at any time.

3. Use of Services

3.1 Permitted Use

You may use our Services only for lawful purposes and in accordance with these Terms. You agree not to:

• Violate any applicable laws or regulations
• Infringe upon the rights of others
• Transmit any harmful, offensive, or illegal content
• Attempt to gain unauthorized access to our systems
• Interfere with or disrupt the Services
• Use automated systems to access the Services without permission

3.2 Account Responsibility

If you create an account with us, you are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

4. Intellectual Property

All content, features, and functionality of the Services, including but not limited to text, graphics, logos, images, software, and code, are owned by PivotXP or its licensors and are protected by copyright, trademark, and other intellectual property laws. You may not:

• Reproduce, distribute, or create derivative works from our content
• Use our trademarks or logos without written permission
• Reverse engineer or attempt to extract source code from our software
• Remove or alter any copyright or proprietary notices

5. User Content

You retain ownership of any content you submit, upload, or transmit through our Services ("User Content"). By submitting User Content, you grant PivotXP a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and distribute your User Content solely for the purpose of providing and improving our Services.

You represent and warrant that you have all necessary rights to grant this license and that your User Content does not violate any third-party rights or applicable laws.

6. Payment Terms

For paid services:

• Payment terms will be specified in your service agreement or invoice
• All fees are non-refundable unless otherwise stated in writing
• We reserve the right to change our pricing with reasonable notice
• Late payments may incur additional fees or result in service suspension
• You are responsible for any taxes applicable to your use of our Services

7. Service Availability and Modifications

We strive to maintain continuous availability of our Services but do not guarantee uninterrupted access. We reserve the right to modify, suspend, or discontinue any part of our Services at any time, with or without notice. We are not liable for any loss or damage resulting from such modifications, suspensions, or discontinuations.

8. Data and Privacy

Your use of our Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Services, you consent to the collection and use of your information as described in our Privacy Policy.

9. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT:

• The Services will be uninterrupted, secure, or error-free
• Defects will be corrected
• The Services are free of viruses or other harmful components

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PIVOTXP SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM YOUR USE OF THE SERVICES.

11. Indemnification

You agree to indemnify, defend, and hold harmless PivotXP, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your use of the Services or violation of these Terms.

12. Termination

We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Services will cease immediately. All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, and limitations of liability.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of South Carolina, United States, without regard to its conflict of law provisions. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts located in South Carolina.

14. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the updated Terms on this page and updating the "Last updated" date. Your continued use of the Services after such modifications constitutes acceptance of the updated Terms.

15. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

16. Entire Agreement

These Terms, together with our Privacy Policy and any service agreements, constitute the entire agreement between you and PivotXP regarding the use of our Services and supersede all prior agreements and understandings.

17. Contact Information

If you have any questions about these Terms, please contact us: