Legal Documentation

1. Data Controller

The data controller responsible for the processing of personal data collected through this website is clever-pixel-motion, located at Rudolf-Breitscheid-Straße 28, 09350 Lichtenstein/Sa., Germany. You may contact us at [email protected].

2. Data We Collect

We collect personal data that you voluntarily provide through our contact forms, including:

• → Full name (identifier)
• → Email address (return address)
• → Message content (transmission body)
• → IP address and browser metadata (automatically collected for security purposes)

3. Legal Basis for Processing

Your personal data is processed in accordance with Article 6(1)(b) of the EU General Data Protection Regulation (GDPR) — processing is necessary for the performance of a contract or pre-contractual measures taken at your request. Additionally, we rely on Article 6(1)(f) (legitimate interest) for security monitoring and service improvement.

4. Purpose of Processing

Your data is processed exclusively for the following purposes:

• → Responding to your inquiries and project requests
• → Providing requested digital services and quotations
• → Maintaining communication throughout the project lifecycle
• → Compliance with legal obligations (tax, accounting records)

5. Data Retention

Personal data is retained only for as long as necessary to fulfill the purposes for which it was collected. Contact form data is retained for a maximum of 24 months after the last communication. Data required for legal or tax compliance is retained in accordance with applicable German and EU regulations (typically 10 years for financial records per §147 AO and §257 HGB).

6. Your Rights Under GDPR

You have the following rights regarding your personal data:

• → Right of Access (Art. 15) — Obtain confirmation of whether your data is being processed and request a copy
• → Right to Rectification (Art. 16) — Request correction of inaccurate personal data
• → Right to Erasure (Art. 17) — Request deletion of your data ("right to be forgotten")
• → Right to Restriction (Art. 18) — Request limitation of processing
• → Right to Data Portability (Art. 20) — Receive your data in a structured, machine-readable format
• → Right to Object (Art. 21) — Object to processing based on legitimate interest

To exercise any of these rights, contact us at [email protected]. We will respond within 30 days.

7. Data Transfers

We do not transfer personal data to third countries outside the European Economic Area (EEA) without adequate safeguards. If any service provider requires data transfer outside the EEA, we ensure compliance through Standard Contractual Clauses (SCCs) or adequacy decisions as per Article 46 GDPR.

8. Supervisory Authority

If you believe your data protection rights have been infringed, you have the right to lodge a complaint with the Sächsischer Datenschutz- und Transparenzbeauftragter (Saxony DPA) at www.saechsdsb.de or with your local data protection authority within the EU.

1. What Are Cookies

Cookies are small text files placed on your device when you visit a website. They are widely used to enable website functionality, improve user experience, and provide analytical information to site operators.

2. How We Use Cookies

This website uses only strictly necessary cookies required for basic site functionality:

• → Session Cookies — Required for maintaining your session state during form submissions. These are temporary and deleted when you close your browser.
• → Security Cookies — CSRF protection tokens that prevent cross-site request forgery attacks. These are essential for protecting your data.

3. Cookies We Do NOT Use

We do not use advertising cookies, analytics tracking cookies, social media cookies, or any third-party profiling cookies. No data is shared with advertising networks or analytics platforms that track your behavior across websites.

4. Managing Cookies

You can control and manage cookies through your browser settings. Disabling strictly necessary cookies may affect the functionality of contact forms and other interactive features on this website. Most browsers allow you to refuse or delete cookies through their settings panel.

5. Legal Basis

Strictly necessary cookies are installed based on Article 6(1)(f) GDPR (legitimate interest) as they are essential for the secure operation of this website. No consent is required for strictly necessary cookies under the ePrivacy Directive (Directive 2002/58/EC) as transposed in German law (TTDSG §25).

1. Project Milestones

All services provided by clever-pixel-motion are delivered according to agreed-upon project milestones defined in the service contract. Payment schedules are tied to the completion and client approval of each milestone.

2. Milestone-Based Refunds

If a milestone deliverable does not meet the specifications defined in the project contract, you may request a revision at no additional cost within 14 calendar days of delivery. If the revision cannot satisfactorily address the deviation, a proportional refund for that milestone will be processed within 30 business days.

3. Pre-Project Cancellation

Cancellation before the commencement of work: full refund of any advance payments, minus any administrative costs incurred (capped at 5% of the advance payment amount). Cancellation after project initiation but before 25% completion: refund of 75% of remaining unpaid milestone value.

4. Non-Refundable Items

• → Third-party licensing fees already procured on the client's behalf
• → Infrastructure setup costs (cloud provisioning, domain registration)
• → Completed and approved milestone deliverables

5. Dispute Resolution

Refund requests should be submitted in writing to [email protected]. We aim to resolve all disputes amicably within 14 business days. If a resolution cannot be reached, the matter will be submitted to the competent courts of Chemnitz, Saxony, Germany.

1. Acceptance of Terms

By engaging the services of clever-pixel-motion, located at Rudolf-Breitscheid-Straße 28, 09350 Lichtenstein/Sa., Germany, you agree to be bound by these Terms of Service. These terms constitute the entire agreement between the parties and supersede all prior negotiations and agreements.

2. Scope of Services

Services are defined in individual project proposals and statements of work. clever-pixel-motion will deliver services with the degree of skill and care consistent with industry best practices. Any work outside the agreed scope will be quoted separately and requires written approval before commencement.

3. Intellectual Property

Upon full payment, all intellectual property rights for custom-developed code, designs, and documentation created specifically for the client are transferred to the client. clever-pixel-motion retains ownership of pre-existing tools, frameworks, libraries, and general methodologies used in the delivery of services.

4. Confidentiality

Both parties agree to maintain the confidentiality of proprietary information exchanged during the course of the engagement. This obligation survives the termination of the agreement for a period of 3 years, in compliance with applicable German trade secret protection laws (GeschGehG).

5. Limitation of Liability

The total aggregate liability of clever-pixel-motion under any service agreement shall not exceed the total fees paid by the client for the specific service giving rise to the claim. Neither party shall be liable for indirect, incidental, or consequential damages, in accordance with §§ 280 ff. BGB.

6. Data Protection

Both parties shall comply with the EU General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG). Where clever-pixel-motion processes personal data on behalf of the client, a separate Data Processing Agreement (DPA) will be executed in accordance with Article 28 GDPR.

7. Termination

Either party may terminate the agreement with 30 days' written notice. In the event of termination, the client will be invoiced for all work completed and approved up to the termination date. Outstanding deliverables and source code for completed milestones will be transferred to the client upon final payment.

8. Governing Law

These Terms of Service are governed by the laws of the Federal Republic of Germany and the European Union. The place of jurisdiction for all disputes arising from or in connection with this agreement is Chemnitz, Saxony, Germany.