Contact Information

Crescendo Pixel

Opernring 2
1010 Wien, Austria

Phone: +436606774717

Terms and Conditions

Last Updated: November 10, 2025

These Terms and Conditions constitute a legally binding agreement between you and Crescendo Pixel regarding your use of our website, services, and any related interactions. By accessing our website or engaging our services, you acknowledge that you have read, understood, and agree to be bound by these terms.

If you do not agree to these terms in their entirety, you must immediately cease using our website and services.

1. Acceptance of Agreement

By accessing or using our website and services, you confirm that:

• 1.1 You have the legal capacity to enter into binding contracts under applicable law
• 1.2 You are at least 18 years of age or the age of majority in your jurisdiction
• 1.3 You are authorized to bind any entity on whose behalf you are acting
• 1.4 You accept all terms, conditions, and obligations stated in this agreement
• 1.5 You will comply with all applicable laws and regulations

Your continued use of our services constitutes ongoing acceptance of any updated terms we may publish.

2. User Obligations and Conduct

2.1 General Conduct Requirements

When using our website and services, you agree to:

• • Provide accurate, current, and complete information in all communications
• • Maintain the security of any account credentials or access information
• • Notify us immediately of any unauthorized access or security breaches
• • Use our services only for lawful purposes and in accordance with these terms
• • Respect the intellectual property rights of Crescendo Pixel and third parties

2.2 Prohibited Activities

You expressly agree not to:

• • Violate any local, national, or international laws or regulations
• • Infringe upon the intellectual property, privacy, or other rights of any party
• • Transmit viruses, malware, or other harmful computer code
• • Attempt to gain unauthorized access to our systems, networks, or data
• • Interfere with or disrupt our website, servers, or network infrastructure
• • Engage in data mining, scraping, or automated data collection without permission
• • Impersonate any person or entity or misrepresent your affiliation
• • Use our services for fraudulent, deceptive, or misleading purposes
• • Post, transmit, or share content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable

2.3 Compliance with Laws

You are solely responsible for ensuring that your use of our website and services complies with all applicable laws, regulations, and legal requirements in your jurisdiction. This includes but is not limited to data protection laws, export control regulations, and industry-specific compliance requirements.

4. Disclaimers and Warranties

4.1 Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• • WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE
• • WARRANTIES OF NON-INFRINGEMENT OR TITLE
• • WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
• • WARRANTIES AS TO THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT
• • WARRANTIES THAT DEFECTS WILL BE CORRECTED

4.2 No Guarantee of Results

We do not guarantee or warrant:

• • Specific outcomes, results, or commercial success from our services
• • That our services will meet your specific requirements or expectations
• • Market reception, player engagement, or revenue generation for developed games
• • Compatibility with all platforms, devices, or third-party systems

5. Limitation of Liability

5.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CRESCENDO PIXEL SHALL NOT BE LIABLE FOR:

• • ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• • LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES
• • LOSS OF GOODWILL OR REPUTATION
• • COSTS OF PROCUREMENT OF SUBSTITUTE SERVICES
• • ANY DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO OR USE OF OUR SYSTEMS

5.2 Cap on Liability

IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF OUR SERVICES EXCEED THE GREATER OF:

• (a) THE TOTAL AMOUNT PAID BY YOU TO CRESCENDO PIXEL FOR SERVICES DURING THE SIX MONTHS PRECEDING THE CLAIM, OR
• (b) ONE HUNDRED EUROS (€100)

5.3 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law. These limitations apply regardless of the theory of liability, whether based on warranty, contract, statute, tort, or otherwise.

6. Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these terms if such failure or delay is caused by circumstances beyond our reasonable control, including but not limited to:

• • Acts of God, natural disasters, epidemics, or pandemics
• • War, terrorism, civil unrest, or government actions
• • Strikes, labor disputes, or supply chain disruptions
• • Internet service provider failures, power outages, or telecommunications failures
• • Cyberattacks, hacking attempts, or data breaches affecting our infrastructure

7. Governing Law and Jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with the laws of Austria, without regard to its conflict of law provisions.

Any disputes, claims, or controversies arising out of or relating to these terms or your use of our services shall be subject to the exclusive jurisdiction of the courts located in Vienna, Austria.

You irrevocably consent to the jurisdiction and venue of such courts and waive any objection to the laying of venue in such courts based on inconvenient forum or otherwise.

8. Dispute Resolution

8.1 Negotiation Requirement

Before initiating any formal legal proceedings, the parties agree to attempt to resolve any dispute through good-faith negotiation for a period of thirty days.

8.2 Mediation

If negotiation fails to resolve the dispute, the parties may agree to submit the dispute to mediation before a mutually acceptable mediator.

8.3 Legal Proceedings

If mediation is unsuccessful or declined, either party may pursue legal remedies in accordance with the governing law provisions stated herein.

9. Severability

If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable. If such modification is not possible, the provision shall be severed from these terms. The remaining provisions shall continue in full force and effect.

10. Waiver

No waiver by Crescendo Pixel of any term or condition set forth in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure to assert a right or provision under these terms shall not constitute a waiver of such right or provision.

11. Entire Agreement

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

12. Modifications to Terms

We reserve the right to modify these Terms and Conditions at any time at our sole discretion. When we make changes, we will update the "Last Updated" date at the top of this page.

Material changes will be communicated through prominent notice on our website or direct notification to active clients. Your continued use of our services after such modifications constitutes your acceptance of the revised terms.

It is your responsibility to review these Terms and Conditions periodically for updates.

13. Assignment

You may not assign, transfer, or delegate your rights or obligations under these Terms and Conditions without our prior written consent. We may freely assign or transfer these terms and our rights and obligations hereunder to any third party, including in connection with a merger, acquisition, reorganization, or sale of assets.