Terms of Service

Introduction

These Terms of Service ("Terms") govern your access to and use of our website and services provided by IXIAS - THAT COMPANY ("we", "us", or "our").

By accessing or using our services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our services.

Definitions

"Service"

Refers to the website, applications, and all related services provided by IXIAS - THAT COMPANY.

"User" or "You"

Refers to the individual or legal entity accessing or using the Service.

"Content"

Refers to all text, images, videos, software, and other materials available through the Service.

"Account"

Refers to the unique account created for You to access our Service.

Account Registration

Creating an Account

To access certain features of our Service, you may be required to register for an account. When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security of your password and account
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

Account Eligibility

You must be at least 16 years old to create an account. By creating an account, you represent that you meet this age requirement and have the legal capacity to enter into these Terms.

Account Termination

We reserve the right to suspend or terminate your account if:

• You violate these Terms
• You provide false or misleading information
• Your account is used for illegal or unauthorized purposes
• We are required to do so by law

Acceptable Use Policy

When using our Service, you agree NOT to:

Violation of this Acceptable Use Policy may result in immediate termination of your account and legal action.

Intellectual Property Rights

Our Content

All Content available through our Service, including but not limited to text, graphics, logos, images, software, and data compilations, is the property of IXIAS - THAT COMPANY or its licensors and is protected by copyright, trademark, and other intellectual property laws.

You may not reproduce, distribute, modify, create derivative works of, publicly display, or exploit any Content without our express written permission.

User-Generated Content

When you submit, post, or upload content to our Service ("User Content"), you:

• Retain ownership of your User Content
• Grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and distribute your User Content in connection with operating and providing the Service
• Represent that you have all necessary rights to grant this license
• Understand that we may remove any User Content that violates these Terms

Trademarks

Our company name, logos, and all related names, logos, product and service names, designs, and slogans are trademarks of IXIAS - THAT COMPANY or its affiliates. You may not use these marks without our prior written permission.

Payment Terms

Pricing

Prices for our services are stated on our website and are subject to change. All prices are in the currency specified and include applicable taxes unless otherwise stated.

Payment Methods

We accept various payment methods as displayed during the checkout process. By providing payment information, you represent that you are authorized to use the designated payment method.

Billing

For subscription services:

• You will be billed automatically at the beginning of each billing cycle
• Billing cycles may be monthly, annually, or as otherwise specified
• You can cancel your subscription at any time through your account settings
• Cancellations take effect at the end of the current billing period
• No refunds are provided for partial billing periods

Failed Payments

If a payment fails, we may suspend your access to paid features until payment is successfully processed. We reserve the right to terminate your account after repeated payment failures.

Refund Policy

Refunds are handled on a case-by-case basis. Generally:

• Digital products and services are non-refundable once delivered
• Subscription fees are non-refundable except as required by law
• If you believe you are entitled to a refund, contact us at info@ixias.com

Limitation of Liability

To the maximum extent permitted by law, IXIAS - THAT COMPANY shall not be liable for:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Service interruptions or system failures
• Unauthorized access to or alteration of your transmissions or data
• Actions or omissions of third parties

Our total liability to you for all claims arising from or related to the Service shall not exceed the amount you paid us in the twelve (12) months preceding the claim.

Indemnification

You agree to indemnify, defend, and hold harmless IXIAS - THAT COMPANY, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses arising out of or related to:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of another party
• Your User Content

Data Protection and Privacy

Your use of our Service is also governed by our Privacy, which describes how we collect, use, and protect your personal information.

By using our Service, you consent to the collection and use of your information as described in our Privacy Policy.

Service Modifications and Availability

We reserve the right to:

• Modify, suspend, or discontinue any part of the Service at any time
• Impose limits on certain features or restrict access to parts or all of the Service
• Make improvements or changes to the Service without prior notice

We are not liable to you or any third party for any modification, suspension, or discontinuance of the Service.

Maintenance and Downtime

We may perform scheduled or emergency maintenance that may result in temporary service interruptions. We will make reasonable efforts to notify you of planned maintenance in advance.

Termination

These Terms remain in effect until terminated by either you or us.

Termination by You

You may terminate your account at any time by:

• Using the account deletion feature in your account settings, or
• Contacting us at info@ixias.com

Termination by Us

We may terminate or suspend your access immediately, without prior notice, if:

• You breach these Terms
• We are required to do so by law
• Continuing to provide the Service would be unlawful

Effect of Termination

Upon termination:

• Your right to use the Service will immediately cease
• We may delete your account and all associated data
• Any provisions of these Terms that should survive termination will remain in effect

Governing Law and Jurisdiction

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

Any disputes arising from or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts located in Essen, Deutschland.

Dispute Resolution

We encourage you to contact us first at info@ixias.com to resolve any disputes informally before pursuing formal legal action.

For EU consumers, the European Commission provides an online dispute resolution platform at https://ec.europa.eu/consumers/odr/ .

Severability

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

Changes to These Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by:

• Posting the updated Terms on this page
• Updating the "Last updated" date
• Sending you an email notification (if you have an account)

Your continued use of the Service after any changes constitutes your acceptance of the new Terms. If you do not agree to the updated Terms, you must stop using the Service.

Contact Us

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