Terms and conditions

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

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

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

1. DATA PROTECTION AND PRIVACY POLICY

As part of our commitment to your privacy and data security, PYGMA adheres to stringent data protection and privacy policies. We are dedicated to safeguarding your personal information and ensuring compliance with applicable data 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. We collect only the necessary information required to provide our services and improve user experience. Your data is handled with the utmost care and confidentiality. When visiting our Website or any other related Services, we may ask you to provide us with your name, email address, company information, work experience and other information. Your information will never be shared with third parties without your explicit consent. We will request your consent during the registration process for events, programs or any other organized by PYGMA. Some of the circumstances under which we could be sharing information with third parties are: (i) when those third parties are facilitators to our business, including, but not limited to those who process payments, process customer support requests and manage our website. These third parties include, but are not limited to, Stripe, Zoom, Webflow, Typeform or any other related form builder, Mailchimp, Hubspot (ii) when required to prevent, investigate or take action regarding illegal activities or any situation that could pose a threat to the safety of any person; (iii) when required by law or the authorities who are entitled to require so; (iii) when we believe such action is necessary within a legal process of us or our affiliates, or poses a threat to us, our Website, other related Services, or third parties. By using our Website, or any related Service, you consent to us collecting and using your personal information as described in this Privacy Policy. Any changes on this Privacy Policy will be made clear according to the notice procedure set forth in this Agreement. The data will be retained indefinitely, unless otherwise specified. This website treats User’s data based on the applicable internet privacy laws and in accordance with human rights. The User can withdraw, refuse consent, or rectify the data that was given to PYGMA, by means of emailing it to the following address: legal@pygma.co

2. USE OF WEBPAGE

The PYGMA webpage (including all associated subdomains, collectively referred to as the “Site”) is intended to provide valuable 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 are prohibited from using the Site for any unlawful purpose, including but not limited 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 intellectual property rights or the intellectual property rights of others while using the Site. This includes refraining from reproducing, modifying, distributing, or otherwise exploiting any content or materials on the Site without explicit permission.

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 circumvent the security features of the Site or disrupt the operation of the Services, third-party products and Services, or the Internet. This includes uploading or transmitting viruses or any other type of malicious code that may affect the functionality 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 other unauthorized use that may compromise the integrity or functionality of the Site.

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 the Site without explicit authorization from PYGMA.

7.   Data Retrieval and Collection: You shall not retrieve data or other content from the Site to create or compile a collection, compilation, database, or directory without prior written permission from PYGMA.

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

9.   Advertising and Selling: The Site may not be used for advertising or offering to sell goods 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 false reports of abuse or misconduct.

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

12. False and Misleading Information: You are prohibited from submitting false or misleading information while using the Site.

13. Prohibition of Obscene and Immoral Activities: Engaging in any obscene or immoral activities while using the Site is strictly prohibited.

PYGMA reserves the right to terminate your access to the Site and its Services for violating any of the aforementioned prohibited uses. Your continued use of the Site constitutes acceptance of these terms and acknowledgment of your obligation to adhere to them.

3.     LINKS TO OTHER RESOURCES

Although the Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, endorsement, sponsorship, or affiliation with any linked resource, unless specifically stated herein. We are not responsible for examining and evaluating, and we do not warrant the offerings 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 third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Services. Your linking to any other off-site resources is at your own risk and our Privacy Policy 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’s own policies and rules.

4. INTELLECTUAL PROPERTY

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

5. REFUNDS

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

6.  LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, 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 limited to damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, or loss of anticipated savings, whether incurred directly or indirectly, however caused, and under any theory of liability, including but not limited to contract, tort, warranty, breach of statutory duty, negligence, or otherwise, even if PYGMA has been advised of the possibility of such damages or could have foreseen such damages.

To the maximum extent permitted by applicable law, 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 no greater than one dollar ($1.00 USD) or any amounts actually paid in cash by you to PYGMA for the prior one-month period preceding the first event or occurrence giving rise to such liability.

The limitations and exclusions of liability set forth in this clause also apply even if the remedies provided herein fail of their essential purpose or do not fully compensate you for any losses incurred.

7. INDEMNIFICATION

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

1. Your content, including but not limited to any material or information you submit, post, transmit, or make available on or through the PYGMA webpage.
2. Your use of the Services provided by PYGMA, including any violation of these Terms and Conditions or any applicable laws or regulations.
3. Any willful misconduct, negligence, or breach of duty on your part, whether intentional or unintentional.

You agree to promptly notify PYGMA of any such third-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 matter subject to indemnification by you, in which case you agree to cooperate with PYGMA in asserting any available defenses.

This indemnification clause shall survive termination or expiration of these Terms and Conditions and your use of the PYGMA webpage.

8. SEVERABILITY

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

Should any provision of these Terms and Conditions be deemed unenforceable or invalid, the parties agree to negotiate in good faith to amend such provision to the extent necessary to make it enforceable and valid, while maintaining the original intent of the provision to the fullest extent possible under applicable law.

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

9. CHANGES AND AMENDMENTS

PYGMA reserves the right to modify these Terms and 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 or bottom of this page, indicating the date of the latest revision. We will notify you of any changes through our Services, or by other means, to allow you the opportunity to review the updated terms. Additionally, we may provide notice through the contact information you have provided, or by other means deemed appropriate by PYGMA.

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

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

10. ANALYTICS

PYGMA uses Google Analytics and some other analytics tools (such as Hotjar and Google Tag Manager) to track the traffic and behavior from users/visitors to the  Bootcamps, Website and any other online related Services. This data is anonymous and is used to improve the customer experience. You can consult the data policy of Google Analytics, Hotjar and Google Tag Manager on their websites.

11. USE OF COOKIES

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

• Strictly necessary: Strictly necessary cookies are “first-party cookies”, and can be either permanent or temporary. Some of these may be manually disabled in your browser, but may affect the functionality of the Website and any other online related Services. Strictly necessary cookies allow core Website and any other online related Services’ functionality such as user login and account management. The Website and any other online related Services cannot be used properly without strictly necessary cookies.

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

• Performance: Performance cookies are used to see how visitors use the Website and any other online related Services, eg. analytics cookies. Those cookies cannot and will not be used by PYGMA to directly identify a certain visitor.

• Analytics Cookies: Analytics cookies monitor how users reached the Website and any other online related Services, and how they interact with and move around once on the Bootcamps, Website and any other online related Services. These cookies let us know which features on the Website and any other online related Services are working the best, and which features on the Website and 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’s settings. Please be aware that such action could affect the availability and functionality of the Website.

12. ACCEPTANCE OF THESE TERMS

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

13. CONTACT US

If you need to contact us for any other topic, including but not limited 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 this Agreement, 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 or information, regarding our  Website, or Services, (overall, “Submissions”) provided the User to PYGMA, that may not be considered as personal and/or private information and that do not refer to refund requests, is considered as non-confidential information and will become our sole property, unless otherwise specified. The information on the submission forms is voluntarily provided by the User through our platform and the User has the right to rectify or request changes to such information when desired or considered necessary, by means of the channels of Contact provided by PYGMA.

This document was last updated on February 9, 2024.