Terms and conditions

Welcome to the PYGMA website(including all subdomains, the “Site”), which is operated by PYGMA Holding, LLCand its affiliates (collectively, “PYGMA,” “we”, “us” and/or “our”). This Siteprovides, among other things, information about our Services, community,events, partners,  and subscriptionoptions for our newsletter.

By accessing and using the Services,you acknowledge that you have read, understood, and agree to be bound by theterms of this Agreement. You Acknowledge that this Agreement is a contractbetween you and  PYGMA, even though it iselectronic and is not physically signed by you, and it governs your use of theServices. If you do not agree, please refrain from using PYGMA’s website.

We reserve the right, at our solediscretion, to amend or modify portions of these Terms & Conditions at anytime. In the event of changes, we will post the updated Terms & Conditionson this page and will indicate the date of the last revision at the top of thispage. Your continued use of the Site after the effectivedate of any such changes signifies your acceptance of the updated Terms &Conditions. PYGMA reserves the right to terminate or suspend your access at anytime, with or without cause.

DATA PROTECTION AND PRIVACY POLICY

As part of our commitment to your privacy and data security, PYGMAadheres to stringent data protection and privacy policies. We are dedicated tosafeguarding your personal information and ensuring compliance with applicabledata protection laws, including the General Data Protection Regulation (GDPR)and other relevant regulations. Our Privacy Policy outlines how we collect,use, store, and disclose your personal data when you interact with PYGMA. Wecollect only the necessary information required to provide our Services andimprove user experience. Your data is handled with the utmost care andconfidentiality.

When visiting our Website or any other related Services, we mayask you to provide us with your name, email address, company information, workexperience, and other information. We will never sell your information toanyone, nor will it be shared or disclosed to any third party for commercialpurposes. The only circumstances under which we could be sharing informationwith third parties is: (i) when those third parties are facilitators to ourbusiness, including, but not limited to those who process payments, processcustomer support requests and manage our website. These third parties include,but are not limited to, Stripe, Zoom, Webflow, Typeform or any other relatedform builder, Mailchimp, Hubspot (ii) when required to prevent, investigate ortake action regarding illegal activities or any situation that could pose athreat to the safety of any person; (iii) when required by law or theauthorities who are entitled to require so; (iii) when we believe such actionis necessary within a legal process of us or our affiliates, or poses a threatto us, our Website, other related Services, or third parties. By using ourWebsite, or any related Service, you consent to us collecting and using yourpersonal information as described in this Privacy Policy. Any changes on thisPrivacy Policy will be made clear according to the notice procedure set forthin this Agreement. The data will be retained indefinitely, unless otherwisespecified. This website treats User’s data based on the applicable internetprivacy laws and in accordance with human rights. The User can withdraw, refuseconsent, or rectify the data that was given to PYGMA,by means of emailing it to the following address: legal@pygma.co

USE OF WEBPAGE

The PYGMA webpage (including all associated subdomains,collectively referred to as the "Site") is intended to providevaluable information and Services to its users. By accessing or using the Site,you agree to adhere to the following terms and conditions:

1.     Lawful Use: You areprohibited from using the Site for any unlawful purpose, including but notlimited to soliciting others to perform or participate in unlawful acts,violating any international, federal, provincial, or state regulations, rules,laws, or local ordinances.

2.     Intellectual Property Rights: You shall not infringe upon or violate PYGMA's intellectualproperty rights or the intellectual property rights of others while using theSite. This includes refraining from reproducing, modifying, distributing, orotherwise exploiting any content or materials on the Site without explicitpermission.

3.     Harassment and Discrimination: PYGMA prohibits the use of the Site to harass, abuse, insult,harm, defame, slander, disparage, intimidate, or discriminate based on gender,sexual orientation, religion, ethnicity, race, national origin, or disability.

4.     Security and Integrity: You shall not engage in activities that interfere with or circumventthe security features of the Site or disrupt the operation of the Services,third-party products and Services, or the Internet. This includes uploading ortransmitting viruses or any other type of malicious code that may affect thefunctionality or operation of the Site.

5.     Spam and Unauthorized Use: You are prohibited from using the Site for spamming, phishing,pharming, pretexting, spidering, crawling, scraping, or engaging in any otherunauthorized use that may compromise the integrity or functionality of theSite.

6.     Prohibited Activities:In addition to the aforementioned prohibited uses, you may not access, use,download, modify, publish, transmit, reproduce, create derivative works from,distribute, perform, display, or communicate any content or materials on theSite without explicit authorization from PYGMA.

7.     Data Retrieval and Collection: You shall not retrieve data or other content from the Site tocreate or compile a collection, compilation, database, or directory withoutprior written permission from PYGMA.

8.     Unauthorized Account Creation and Use: Making unauthorized use of the Site, including collectingusernames and/or email addresses of users for unsolicited email purposes, orcreating user accounts through automated means or under false pretenses, isstrictly prohibited.

9.     Advertising and Selling: The Site may not be used for advertising or offering to sellgoods and Services without explicit authorization from PYGMA.

10.  Improper Use of Support Services: You shall not engage in improper use of our support Services or submit falsereports of abuse or misconduct.

11.   Automated System Use: Any automated use of the system, suchas using scripts to send comments or messages, or employing data mining,robots, or similar data gathering and extraction tools, is strictly prohibited.

12.   False andMisleading Information: You are prohibited fromsubmitting false or misleading information while using the Site.

13.   Prohibition ofObscene and Immoral Activities: Engaging in anyobscene or immoral activities while using the Site is strictly prohibited.PYGMA reserves the right to terminate youraccess to the Site and its Services for violating any of the aforementionedprohibited uses. Your continued use of the Site constitutes acceptance of theseterms and acknowledgment of your obligation to adhere to them.

LINKS TO OTHER RESOURCES

Although the Services may link to otherresources (such as websites, mobile applications, etc.), we are not, directlyor indirectly, implying any approval, association, endorsement, sponsorship, oraffiliation with any linked resource, unless specifically stated herein. We arenot responsible for examining and evaluating, and we do not warrant theofferings of, any businesses or individuals or the content of their resources.We do not assume any responsibility or liability for the actions, products, Services, and content of any other thirdparties. You should carefully review the legal statements and other conditionsof use of any resource which you access through a link on the Services. Yourlinking to any other off-site resources is at your own risk and our PrivacyPolicy is no longer in effect. Any interaction with those external websites,including sites which have a link on our site, are subject to those website’sown policies and rules.

INTELLECTUAL PROPERTY

“Intellectual Property Rights” means allpresent and future rights conferred by statute, common law or equity in or in relationto any copyright and related rights, trademarks, designs, patents, inventions,proprietary information, goodwill and the right to sue for passing off, rightsto inventions, rights to use, and all other intellectual property rights, incase whether registered or unregistered and including all application andrights to apply for and be granted, rights to claim priority from, such rightsand all similar or equivalent rights or forms of protection and any otherresults of intellectual activity which subsist or will subsist now or in thefuture in any part of the world. Unless otherwise indicated, PYGMA’s Services,included but not limited to products, original content, audio, video andwebsite material are and will remain exclusive property of PYGMA. Our productsare copyright protected. Our content or trademarks may not be used, copied,reproduced, aggregated, republished, uploaded, encoded, translated, sold orlicensed in any other product/service without the fully prior and writtenconsent of PYGMA. This Agreement does not transfer to you any intellectualproperty owned by PYGMA or third parties, and all rights, titles, and interestsin and to such property will remain (as between the parties) solely with PYGMA.All trademarks, service marks, graphics and logos used in connection with theServices, are trademarks or registered trademarks of PYGMA or its licensors.Other trademarks, service marks, graphics and logos used in connection with theServices may be the trademarks of other third parties. Your use of the Servicesgrants you no right or license to reproduce or otherwise use any of PYGMA orthird party trademarks, unless otherwise specified.

REFUNDS

Fullrefund of your payment may be requested during the 14 days after the date ofpurchase. Refunds will not be available after this period for any reason.Please request the refund by email at hola@pygma.co.

LIMITATION OF LIABILITY

To the fullest extent permitted by applicablelaw, in no event shall PYGMA, its affiliates, directors, officers, employees,agents, suppliers, or licensors be liable to any person for any indirect,special, punitive, cover, or consequential damages, including but not limitedto damages for lost profits, revenue, sales, goodwill, use of content, impacton business, business interruption, or loss of anticipated savings, whetherincurred directly or indirectly, however caused, and under any theory ofliability, including but not limited to contract, tort, warranty, breach ofstatutory duty, negligence, or otherwise, even if PYGMA has been advised of thepossibility of such damages or could have foreseen such damages.

To the maximum extent permitted by applicablelaw, the aggregate liability of PYGMA and its affiliates, officers, employees,agents, suppliers, and licensors relating to the Services provided by PYGMA shall be limited to an amount nogreater than one dollar ($1.00 USD) or any amounts actually paid in cash by youto PYGMA for the prior one-month period preceding the first event or occurrencegiving rise to such liability.

The limitations and exclusions of liabilityset forth in this clause also apply even if the remedies provided herein failof their essential purpose or do not fully compensate you for any lossesincurred.

INDEMNIFICATION

You agree to indemnify, defend, and hold PYGMAand its affiliates, directors, officers, employees, agents, suppliers, andlicensors harmless from and against any liabilities, losses, damages, or costs,including reasonable attorneys' fees, incurred in connection with or arisingfrom any third-party allegations, claims, actions, disputes, or demandsasserted against any of them as a result of or relating to:

1.      Your content, including but not limited to anymaterial or information you submit, post, transmit, or make available on orthrough the PYGMA webpage.

2.      Your use of the Services provided by PYGMA, including any violation of theseTerms and Conditions or any applicable laws or regulations.

3.      Any willful misconduct, negligence, or breachof duty on your part, whether intentional or unintentional.

You agree to promptly notify PYGMA of any suchthird-party claims and to cooperate fully in the defense of any claim. PYGMA reserves the right to assume the exclusive defense and control of any mattersubject to indemnification by you, in which case you agree to cooperate with PYGMA in asserting any available defenses.

This indemnification clause shall survivetermination or expiration of these Terms and Conditions and your use of thePYGMA webpage.

SEVERABILITY

All rights and restrictions contained in theseTerms and Conditions may be exercised and shall be applicable and binding onlyto the extent that they do not violate any applicable laws and are intended tobe limited to the extent necessary so that they will not render these Terms andConditions illegal, invalid, or unenforceable. If any provision or portion ofany provision of these Terms and Conditions shall be held to be illegal,invalid, or unenforceable by a court of competent jurisdiction, it is theintention of the parties that the remaining provisions or portions thereofshall constitute their agreement with respect to the subject matter hereof, andall such remaining provisions or portions thereof shall remain in full forceand effect.

Should any provision of these Terms andConditions be deemed unenforceable or invalid, the parties agree to negotiatein good faith to amend such provision to the extent necessary to make itenforceable and valid, while maintaining the original intent of the provisionto the fullest extent possible under applicable law.

The failure of either party to enforce anyprovision of these Terms and Conditions shall not be deemed a waiver of suchprovision or any other provision herein.

CHANGES AND AMENDMENTS

PYGMA reserves the right to modify these Termsand Conditions or any terms related to the Services provided by PYGMA at any time, at our discretion.When modifications are made, we will update the effective date at the top orbottom of this page, indicating the date of the latest revision. We will notifyyou of any changes through our Services, or by other means, to allow you theopportunity to review the updated terms. Additionally, we may provide noticethrough the contact information you have provided, or by other means deemedappropriate by PYGMA.

An updated version of these Terms andConditions will be effective immediately upon posting unless otherwisespecified. Your continued use of the Services after the effective date of the revised Terms andConditions (or such other action specified at that time) will constitute youracceptance and consent to the updated terms.

PYGMA encourages you to review these Terms andConditions periodically to stay informed about any changes or updates. If youdo not agree with the modifications made to these Terms and Conditions, youmust discontinue your use of the Services provided by PYGMA.

ANALYTICS

PYGMA uses Google Analytics and some other analytics tools (suchas Hotjar and Google Tag Manager) to track the traffic and behavior fromusers/visitors to the  Bootcamps, Websiteand any other online related Services. This data is anonymous and is used toimprove the customer experience. You can consult the data policy of GoogleAnalytics, Hotjar and Google Tag Manager on their websites.

USE OF COOKIES

The User acknowledges that PYGMA may use cookies on its Websiteand any other online related Services, to keep track of Services/products youhave used, record registration information, record your user preferences, keepyou logged into the website, facilitate purchase procedures, and track thepages you visit. Cookies help the PYGMA understand how the Website and anyother online related Services are being used and improve your user experience.It is hereby acknowledged that cookies are small text files that are placed onyour computer by websites that you visit. Websites use cookies to help usersnavigate efficiently and perform certain functions. Cookies that are requiredfor the website to operate properly are allowed to be set without yourpermission. All other cookies need to be approved before they can be set in thebrowser. You can change your consent to cookie usage at any time on our PrivacyPolicy page. The following are the different types of cookies that PYGMA mayuse within its Website and any other online Services:

-       Strictly necessary: Strictly necessary cookies are “first-partycookies”, and can be either permanent or temporary. Some of these may bemanually disabled in your browser, but may affect the functionality of theWebsite and any other online related Services. Strictly necessary cookies allowcore Website and any other online related Services’ functionality such as userlogin and account management. The Website and any other online related Servicescannot be used properly without strictly necessary cookies. 

-       Personalization Cookies: Personalization cookies are used torecognize repeat visitors to the Site. We use these cookies to record yourbrowsing history, the pages you have visited, and your settings and preferenceseach time you visit a page on the Website and any other online related Services.  

-       Performance: Performance cookies are used to see how visitors usethe Website and any other online related Services, eg. analytics cookies. Thosecookies cannot and will not be used by PYGMA to directly identify a certainvisitor. 

-       Analytics Cookies: Analytics cookies monitor how users reached theWebsite and any other online related Services, and how they interact with andmove around once on the Bootcamps, Website and any other online relatedServices. These cookies let us know which features on the Website and any otheronline related Services are working the best, and which features on the Websiteand any other online related Services can be improved. PYGMA does not identify,transfer, sell or share any personal data derived from this type of cookies. The User can, at any time, remove or reject cookies in their browser’ssettings. Please be aware that such action could affect the availability andfunctionality of the Website.

ACCEPTANCE OF THESE TERMS

You acknowledge that you have readthis Agreement and agree to all its terms and conditions. By accessing andusing the Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, youare not authorized to access or use the Services. This terms and conditionspolicy was created with the help of WebsitePolicies.

CONTACT US

If you need to contact us for any other topic, including but notlimited to any submissions, comments, questions, ideas, suggestions, feedback,or other suggestions or information, regarding our Website, or Services,(overall, “Submissions”) we encourage you to contact us at hola@pygma.co.   

If you have any questions, concerns or complaints regarding thisAgreement, we encourage you to contact us at legal@pygma.co.  

It is hereby acknowledged and agreed that any submissions,comments, questions, ideas, suggestions, feedback, or other suggestions orinformation, regarding our  Website, orServices, (overall, “Submissions”) provided the User to PYGMA, that may not beconsidered as personal and/or private information and that do not refer torefund requests, is considered as non-confidential information and will becomeour sole property, unless otherwise specified. The information on thesubmission forms is voluntarily provided by the User through our platform andthe User has the right to rectify or request changes to such information whendesired or considered necessary, by means of the channels of Contact providedby PYGMA.  

This document was last updated on February 9, 2024.