Terms and Conditions

Introduction

These Terms govern

• the use of this Application, and,
• any other related Agreement or legal relationship with the Owner

in a legally binding way. Capitalized words are defined in the relevant dedicated section of this document.

The User must read this document carefully.

Any other contract or agreement entered into between the Owner and the Sellers shall always prevail over the provisions of these Terms. Therefore, in such cases, these Terms shall apply only residually and in accordance with applicable provisions in such agreements or contracts.

What the User should know at a glance

Please note that some provisions in these Terms may only apply to certain categories of Users. In particular, certain provisions may only apply to Consumers or to those Users that do not qualify as Consumers. Such limitations are always explicitly mentioned within each affected clause. In the absence of any such mention, clauses apply to all Users.

How this Application works

The Owner may provide technical services to Buyers and Sellers and may help facilitate dispute resolution.

This Application provides storefront, checkout and access tools for transactions between Buyers and Sellers. Sellers choose the Products they offer and their prices and provide the Products to Buyers.

These Terms only apply to the described usage of this Application as a platform.

Buyers must read the information provided by Sellers about the terms of sale, characteristics, and technical specifications of the Product carefully. Sellers offering their Products via this Application are responsible for the quality and safety of the offered Products.

The Owner may enforce platform rules and applicable law, but does not create Seller Products or set their content or prices. Except as required by mandatory law, Sellers are responsible for their Products, including their quality, safety and accuracy.

Likewise, the Owner does not control, monitor, moderate or inspect Buyers using this Application. Therefore, the Owner does not bear any responsibility in connection with such Buyers' activity on this Application, including but not limited to their legal capacity or ability to complete a transaction and pay the associated costs.

TERMS OF USE

Unless otherwise specified, the terms of use detailed in this section apply generally when using this Application.

Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.

Content on this Application

Content created by the Owner for this Application is owned or licensed by the Owner. Products and other content provided by Sellers or other Users remain subject to the rights of those who provide them or their licensors.

The Owner undertakes its utmost effort to ensure that its own content infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result.

In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.

Rights regarding content on this Application — All rights reserved

The Owner holds and reserves the intellectual property rights in its own content. Rights in a Seller's Product are determined by the Seller's rights in that Product and the terms of the purchase, subject to applicable law.

Users may not use the Owner's content in any way that is not necessary or implicit in the proper use of the Service.

In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the Owner's content, nor allow any third party to do so through the User or their device, even without the User's knowledge. Use of a Seller's Product is governed by the rights granted by that Seller and applicable law.

Where explicitly stated on this Application, the User may download, copy and/or share some of the Owner's content for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented.

Any applicable statutory limitation or exception to copyright shall stay unaffected.

Access to external resources

Through this Application Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.

Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties' terms and conditions or, in the absence of those, applicable statutory law.

Acceptable use

This Application and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.

Users are solely responsible for making sure that their use of this Application and/or the Service violates no applicable law, regulations or third-party rights.

Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests including by denying Users access to this Application or the Service, terminating the platform agreement with a User, reporting any misconduct performed through this Application or the Service to the competent authorities – such as judicial or administrative authorities - whenever Users engage or are suspected to engage in any of the following activities:

• violate laws, regulations and/or these Terms;
• infringe any third-party rights;
• considerably impair the Owner's legitimate interests;
• offend the Owner or any third party.

Purchases from Sellers

Products offered by a Seller are sold by that Seller to the Buyer. The purchase agreement for a Seller's Product is between the Seller and the Buyer, subject to applicable law. The Owner provides the storefront, checkout and tools for access to the Product; the provisions below describe how those tools are used and do not replace any terms set by the Seller or mandatory consumer rights.

Paid Products

Sellers may offer Products for payment through this Application.

The Seller's offer and checkout show the Product's price and, where applicable, its billing interval. Any other terms communicated by the Seller apply only to the extent permitted by law.

Product description

Sellers set the descriptions, prices and availability of their Products. The applicable offer is displayed to the Buyer before an order is submitted.

The Seller is responsible for the characteristics and description of the Product offered to the Buyer, subject to applicable law.

The characteristics of the chosen Product will be outlined during the purchasing process.

Purchasing process

Any steps taken from choosing a Product to order submission form part of the purchasing process.

The purchasing process includes these steps:

1. Users must choose the desired Product and verify their purchase selection.
2. After having reviewed the information displayed in the purchase selection, Users may place the order by submitting it.

Order submission

When the User submits an order, the following applies:

• By submitting an order, the Buyer requests to purchase the Seller's Product for the amount shown on the order page, including any separately displayed taxes and fees. Any resulting purchase agreement is between the Buyer and the Seller, subject to applicable law.
• In case the purchased Product requires an action from the User, such as the provision of personal information or data, specifications or special wishes, the order submission creates an obligation for the User to cooperate accordingly.
• Upon submission of the order, Users will receive a receipt confirming that the order has been received.

All notifications related to the described purchasing process shall be sent to the email address provided by the User for such purposes.

Prices

Users are informed during the purchasing process and before order submission, about any fees, taxes and costs (including, if any, delivery costs) that they will be charged.

Prices on this Application are displayed:

either exclusive or inclusive of any applicable fees, taxes and costs, depending on the section the User is browsing.

Methods of payment

Information related to accepted payment methods is made available during the purchasing process.

Some payment methods may only be available subject to additional conditions or fees. In such cases related information can be found in the dedicated section of this Application.

Payments made through this Application's checkout are processed by Stripe in connection with the Seller's connected Stripe account. The Owner operates the checkout and may receive a fee from the Seller for its platform service. Information about the processing of personal data is available in this Application's privacy policy.

Any additional payment methods and their providers are indicated during checkout.

If payment fails or is refused, the purchase may not be completed and access to the Seller's Product may not be granted.

Rights in the Seller's Product

The Seller determines the rights granted to the Buyer in the Product, subject to the purchase agreement and applicable law. Access through this Application may depend on successful payment confirmation.

Delivery

Delivery of digital content

The method of access to a Seller's digital content is indicated in the Seller's offer. Depending on the Product, the Owner may provide hosted access or a download through this Application.

Users acknowledge and accept that in order to download and/or use the Product, the intended device(s) and its respective software (including operating systems) must be legal, commonly used, up-to-date, and consistent with current market-standards.

Any limits on downloading a Seller's Product must be indicated in the Seller's offer and comply with applicable law.

Performance of services

The Seller performs any purchased service within the timeframe specified in the Seller's offer or communicated to the Buyer before the order is submitted.

Contract duration

Subscriptions

Subscriptions allow Users to receive a Product continuously or regularly over time. Details regarding the type of subscription and termination are outlined below.

Open-ended subscriptions

Subscriptions to a Seller's Product begin when payment is confirmed, unless the Seller's offer specifies a later start date.

In order to maintain subscriptions, Users must pay the required recurring fee in a timely manner. Failure to do so may cause service interruptions.

Termination of open-ended subscriptions

Buyers may use the available controls inside this Application to manage or cancel a subscription to a Seller's Product, or contact the Seller. The Owner may help with technical cancellation requests.

The effect of a cancellation is determined by the Seller's offer and applicable law.

Modification of Digital Products

The following applies to Users qualifying as Consumers.

The Seller provides the Digital Product to the Buyer. Any modification to that Product is subject to the purchase agreement and applicable law. The Owner may implement technical changes to this Application or make changes to access tools as part of its platform service.

Where a modification to the Seller's Digital Product negatively impacts a Buyer's access or use, the Buyer retains any remedies provided by applicable law against the Seller, including termination of the purchase agreement where applicable.

Provision of personal data

To access or receive some of the Products provided via this Application as part of the Service, Users may be required to provide their personal data as indicated on this Application.

User rights

Right of withdrawal

Unless exceptions apply, the User may be eligible to withdraw from the contract within the period specified below (generally 14 days), for any reason and without justification. Users can learn more about the withdrawal conditions within this section.

UK User rights

Right to cancel

Unless exceptions apply, Users who are Consumers in the United Kingdom have a legal right of cancellation under UK law and may be eligible to withdraw from contracts made online (distance contracts) within the period specified below (generally 14 days), for any reason and without justification.

Users that do not qualify as Consumers, cannot benefit from the rights described in this section. Users can learn more about the cancellation conditions within this section.

Exercising the right to cancel

To exercise a right to cancel a purchase from a Seller, Buyers may send the Seller an unequivocal statement before the applicable deadline. Buyers may also send it to the Owner using the contact details in this document; the Owner will forward the request to the Seller.

When does the cancellation period expire?

In case of purchase of digital content not supplied in a tangible medium, the cancellation period generally expires 14 days after the contract is entered into, unless the legal requirements for loss of the right to cancel have been met.

Effects of cancellation

Where a Buyer is entitled to a refund for a Seller's Product, the Seller is responsible for that refund under the purchase agreement and applicable law. The Owner may help process the refund through the payment system.

Any limits on reimbursement of additional delivery costs are determined by applicable law and the Seller's offer.

A refund due following cancellation must be made within the period required by applicable law. Where required by law, it will be made using the same means of payment as the initial transaction, without additional charges to the Buyer.

Exceptions from the right to cancel

The right to cancel does not apply to contracts:

• for the provision of services, after the service has been fully performed if the performance has begun with the consumer's prior express request, and with their acknowledgement that their right to cancel is lost once the contract has been fully performed;
• for the supply of digital content which is not supplied on a tangible medium if the performance has begun with the consumer's prior express consent and with their acknowledgment that their right to cancel is thereby lost;

Brazilian User rights

Right of regret

Unless an applicable exception applies, Users who are Consumers in Brazil have a legal right of regret under Brazilian law. This means that the Consumer may withdraw from contracts made online within seven (7) days of the date the contract was entered into or the receipt of the product or service, for any reason and without justification. For a Seller's Product, the Buyer may notify the Seller or contact the Owner for help forwarding the request.

Guarantees

Legal guarantee of conformity for Digital Products under EU law

Under EU law, for a minimum period of 2 years from delivery or, in case of Digital Products supplied continuously for more than 2 years for the entire supply period, traders guarantee conformity of the Digital Products they provide to Consumers.

Where Users qualify as European Consumers, the legal guarantee of conformity applies to the Digital Products available on this Application in accordance with the laws of the country of their habitual residence.

National laws of such country may grant Users broader rights.

Scope of conformity of Digital Products

Where a Seller's Digital Product has characteristics that differ from the objective requirements of conformity, the Seller must inform the Buyer and meet any requirements imposed by applicable law. Information about the Product is provided in the Seller's offer and during the purchasing process.

Updates to Digital Products

The Seller is responsible for the conformity of the Seller's Digital Product, including any updates required by applicable law. The Owner may provide technical updates to this Application as part of its platform service.

Conformity to contract for Consumers in the United Kingdom

Users in the United Kingdom qualifying as Consumers have a right to receive goods that are in conformity with the contract.

Legal guarantee of conformity for goods for Consumers in Brazil

The legal guarantee applicable to goods sold by Sellers through this Application (both physical and digital) complies with the following terms, according to the Consumer Protection Code:

• non-durable goods shall have a thirty-day (30 day) guarantee; and
• durable goods shall have a ninety-day (90 day) guarantee.

The warranty period starts from the date of goods delivery.

Any statutory exception to a warranty depends on applicable law and the circumstances of the purchase.

For a Seller's Product, the warranty may be claimed from the Seller. The Seller bears any costs of shipping the goods for technical assessment where required by applicable law.

The Seller may offer a contractual warranty in addition to the legal warranty. Any such warranty is governed by the Seller's offer; statutory rights remain unaffected.

Legal guarantee of conformity for services for Consumers in Brazil

The legal guarantee applicable to services sold by Sellers through this Application complies with the following terms, according to the Consumer Protection Code:

• non-durable services shall have a thirty-day (30 day) guarantee; and
• durable services shall have a ninety-day (90 day) guarantee.

The warranty period starts from the end of the performance of services.

Any statutory exception to a warranty depends on applicable law and the circumstances of the purchase.

For a Seller's service, the warranty may be claimed from the Seller. If applicable, the Seller bears the costs of shipping any goods for technical assessment where required by law. The Seller may also offer a contractual warranty in addition to the legal warranty.

Any contractual warranty is governed by the Seller's offer. If no such warranty is offered, statutory rights remain unaffected.

Liability and indemnification

Unless otherwise explicitly stated or agreed with Users, the Owner's liability for damages in connection with the execution of the Agreement shall be excluded, limited and/or reduced to the maximum extent permitted by applicable law.

Indemnification

The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees harmless from and against any claim or demand — including but not limited to lawyer's fees and costs — made by any third party due to or in relation with any culpable violation of these Terms, third-party rights or statutory provisions connected to the use of the Service by the User or its affiliates, officers, directors, agents, co-branders, partners and employees to the extent allowed by applicable law.

The above also applies to any claims exercised by third parties (including but not limited to the Owner's clients or customers) against the Owner related to Digital Products provided by the User such as, for instance, conformity claims.

Limitation of liability for User activities on this Application

Users acknowledge and accept that the Owner merely provides Users with the technical infrastructure and features incorporated in this Application.

The Owner facilitates interactions and transactions by providing the technical infrastructure, including checkout and access tools. Except as required by applicable law, Sellers and Buyers are responsible for performing their obligations under their purchase agreements.

The Owner does not select the Products offered by Sellers or set their content or prices.

The purchase agreement for a Seller's Product is between the Seller and the Buyer; the Owner provides its separate platform service, subject to applicable law.

Limitation of liability

Unless otherwise explicitly stated and without prejudice to applicable law, Users shall have no right to claim damages against the Owner (or any natural or legal person acting on its behalf).

This does not apply to damages to life, health or physical integrity, damages resulting from the breach of material contractual obligations such as any obligation strictly necessary to achieve the purpose of the contract, and/or damages resulting from intent or gross negligence, as long as this Application has been appropriately and correctly used by the User.

Unless damages have been caused by way of intent or gross negligence, or they affect life, health or physical integrity, the Owner shall only be liable to the extent of typical and foreseeable damages at the moment the contract was entered into.

Australian Users

Limitation of liability

Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy which the User may have under the Competition and Consumer Act 2010 (Cth) or any similar state and territory legislation and which cannot be excluded, restricted or modified (non-excludable right). To the fullest extent permitted by law, our liability to the User, including liability for a breach of a non-excludable right and liability which is not otherwise excluded under these Terms, is limited, at the Owner's sole discretion, to the re-performance of the services or the payment of the cost of having the services supplied again.

US Users

Disclaimer of Warranties

This Application is provided strictly on an "as is" and "as available" basis. Use of the Service is at Users' own risk. To the maximum extent permitted by applicable law, the Owner expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by the User from the Owner or through the Service will create any warranty not expressly stated herein.

Without limiting the foregoing, the Owner, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Service will meet Users' requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at Users' own risk and Users shall be solely responsible for any damage to Users' computer system or mobile device or loss of data that results from such download or Users' use of the Service.

The Owner does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and the Owner shall not be a party to or in any way monitor any transaction between Users and third-party providers of products or services.

The Service may become inaccessible or it may not function properly with Users' web browser, mobile device, and/or operating system. The owner cannot be held liable for any perceived or actual damages arising from Service content, operation, or use of this Service.

Federal law, some states, and other jurisdictions, do not allow the exclusion and limitations of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights, and Users may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement shall not apply to the extent prohibited by applicable law.

Limitations of liability

To the maximum extent permitted by applicable law, in no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for:

• any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service; and
• any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or User account or the information contained therein;
• any errors, mistakes, or inaccuracies of content;
• personal injury or property damage, of any nature whatsoever, resulting from User access to or use of the Service;
• any unauthorized access to or use of the Owner's secure servers and/or any and all personal information stored therein;
• any interruption or cessation of transmission to or from the Service;
• any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service;
• any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or
• the defamatory, offensive, or illegal conduct of any User or third party.

In no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by User to the Owner hereunder in the preceding 12 months, or the period of duration of this agreement between the Owner and User, whichever is shorter.

This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the User has been advised of the possibility of such damage.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to the User. The terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent prohibited by applicable law.

Indemnification

The User agrees to defend, indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from:

• User's use of and access to the Service, including any data or content transmitted or received by User;
• User's violation of these terms, including, but not limited to, User's breach of any of the representations and warranties set forth in these terms;
• User's violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights;
• User's violation of any statutory law, rule, or regulation;
• any content that is submitted from User's account, including third party access with User's unique username, password or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information;
• User's willfull misconduct; or
• statutory provision by User or its affiliates, officers, directors, agents, co-branders, partners, suppliers and employees to the extent allowed by applicable law.

Common provisions

No Waiver

The Owner's failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.

Service interruption

To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately.

Within the limits of law, the Owner may also decide to suspend or discontinue the Service altogether. If the Service is discontinued, the Owner will cooperate with Users to enable them to withdraw personal data or information and will respect Users' rights relating to continued product use and/or compensation, as provided for by applicable law.

Additionally, the Service might not be available due to reasons outside the Owner's reasonable control, such as "force majeure" events (infrastructural breakdowns or blackouts etc.).

Service reselling

Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of this Application and of its Service without the Owner's express prior written permission, granted either directly or through a legitimate reselling program.

Privacy policy

To learn more about the use of their personal data, Users may refer to the privacy policy of this Application.

Intellectual property rights

Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to this Application are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.

All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with this Application are, and remain, the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.

Changes to these Terms

The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes.

Such changes will only affect the relationship with the User from the date communicated to Users onwards.

The continued use of the Service will signify the User's acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service and may terminate the Agreement.

The applicable previous version will govern the relationship prior to the User's acceptance. The User can obtain any previous version from the Owner.

If legally required, the Owner will notify Users in advance of when the modified Terms will take effect.

Assignment of contract

The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User's legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly.

Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.

Contacts

All communications relating to the use of this Application must be sent using the contact information stated in this document.

Severability

Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

Governing law

These Terms are governed by the law of the place where the Owner is based, as disclosed in the relevant section of this document, without regard to conflict of laws principles.

Prevalence of national law

However, regardless of the above, if the law of the country that the User is located in provides for higher applicable consumer protection standards, such higher standards shall prevail.

Venue of jurisdiction

The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of the place where the Owner is based, as displayed in the relevant section of this document.

Definitions and legal references