Terms & Conditions

Overview:

This website is operated by DigitalDesigns.AI and its affiliates. Throughout the site, the terms “we,” “us,” and “our” refer to DigitalDesigns.AI and its affiliates. DigitalDesigns.AI and its affiliates offer this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here. By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service,” “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including, without limitation, users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools that are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Definitions:

In these conditions, the following terms shall have the following meanings: “Company” means DigitalDesigns.AI and its affiliates. “Customer” means any person or entity that purchases products or services from DigitalDesigns.AI and its affiliates. “Seller” or “Vendor” or “Artist” means any person or entity that publishes art on the DigitalDesigns.AI website. “Contract” means any contract for the sale of products or services by DigitalDesigns.AI and its affiliates to the customer, including any payment transaction carried out by the customer for any of the products or services offered by DigitalDesigns.AI and its affiliates, which establishes a contract between DigitalDesigns.AI and its affiliates and the customer for the sale of such products or services. “Products” or “Services” means any digital designs, graphics, or other products or services listed on the DigitalDesigns.AI and its affiliates’ website or forming the subject of this contract. “Price” means the price as detailed at checkout and on the Order Confirmation email. “Order” means any electronic orders made through our website, signed purchase orders, and letters whether sent by post or email from the Customer.

Online Store Terms:

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence.

You may not use our products or services for any illegal or unauthorized purpose, nor may you, in the use of the service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms, viruses, or any code of a destructive nature.

Additionally, you must not copy, save, or otherwise use any of the content on this website for purposes other than non-commercial purposes. The digital designs, graphics, and artworks displayed on this website are the intellectual property of DigitalDesigns.AI and its affiliates and/or the artist and, therefore, must not be used without the company’s permission.

A breach or violation of any of the Terms will result in an immediate termination of your services.

General Conditions:

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (excluding payment information) may be transferred unencrypted and may involve (a) transmissions over various networks and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Payment information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided without express written permission from us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Accuracy, Completeness, and Timeliness of Information:

We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, by its nature, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Personal Data Collection:

When a user visits www.digitaldesigns.ai, we collect standard internet log information and details of visitor patterns. We do this to find out things such as the number of visitors to different parts of our website, which helps us understand the information that is useful. We do not collect information that identifies anyone. Your submission of personal information through the website is governed by our Privacy Policy. For more information on how we handle your data, please visit our Privacy Policy.

Modification to the Service and Prices:

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice. We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service. The price for the goods includes packing, shipping (unless otherwise specified), and VAT but excludes insurance and any import duties. It is the responsibility of the customer to check whether any applicable sales, use, excise, consumption, VAT, or other taxes and import duties apply in their country for the products ordered through our website. DigitalDesigns.AI has the right to adjust its prices for any increase in costs of any kind that arise for any reason after the date of purchase. Price changes shall take effect on the date of service to the customer without notice of change.

Products or Services:

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. All our products are created by unique machine learning algorithms. We have made every effort to display the colors and images of our products as accurately as possible on the website. However, we cannot guarantee that your computer monitor’s display of any color will be accurate. While we strive to deliver the most color-accurate final products to our customers compared to the images seen on product pages, please note that any product images are for illustrative purposes only. Therefore, there may be slight discrepancies in color and/or appearance of the final product compared to the images displayed on our website. We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We also reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of DigitalDesigns.AI and its affiliates. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, nor do we warrant that any errors in the Service will be corrected.

Cancellation:

All our products at DigitalDesigns.AI are custom-made to your specifications and considered Bespoke Orders. You have the right to cancel your order at any point before or within 7 days of placing the order, provided that we have not produced the items or dispatched them to you. To cancel your order, you must inform us in writing at the address provided or by emailing human@digitaldesigns.ai.

We reserve the right to cancel any order or part of an order if:

• The products ordered are no longer available.
• The products cannot be shipped to the customer’s country of residence.

In either of these events, we will notify the customer by email and refund any payments made for the canceled order or part of the order. We strive to ensure that all prices advertised on our site are accurate. However, if we discover that the products you ordered were listed at an incorrect price, we will inform you of the correct price as soon as possible. You will then have the option to confirm your order or cancel it. If you choose to cancel your order, we will refund any payments made. We will not be obligated to offer additional compensation for any disappointment suffered if your order is canceled for any reason.

Risk Delivery and Performance:

Goods are considered delivered to the customer when DigitalDesigns.AI makes them available to the customer, their agent, or any carrier who acts as the customer’s agent, regardless of who pays the carrier’s charges. Goods will be delivered at the company’s premises or any other agreed-upon delivery point by the customer, and the risk of the goods will pass upon delivery in accordance with the Products and Services section.

We may choose to deliver goods in installments at our discretion, and any dates quoted for the delivery of the goods are approximate and do not form part of the contract. The customer acknowledges that no regard has been paid to any quoted delivery in the performance expected of DigitalDesigns.AI.

If the customer fails:

• To take delivery of the goods or any part of them on the due date.
• To provide any instructions or documents required to enable the goods to be delivered on the due date.

We may store or arrange for the storage of the goods and will notify the customer in writing. Upon service of the notice:

• Risk in the goods shall pass to the customer.
• Delivery of the goods shall be deemed to have taken place.
• The customer shall pay all costs and expenses, including storage, redelivery, and insurance charges arising from its failure.
• DigitalDesigns.AI shall not be liable for any penalty, loss, injury, damage, or expense arising from any delay or failure in delivery or performance from any cause. Nor shall any such delay or failure entitle the customer to refuse to accept any delivery or performance or repudiate the contract.

Claims Notification:

If the customer or their agent claims that goods have not been delivered, they must notify DigitalDesigns.AI in writing within 72 hours of receipt of notification of dispatch of the goods.

Any claim that any goods have been delivered damaged, are not of the correct specifications, or do not comply with their description shall be notified by the customer to Digital Designs within 7 days of their delivery. In such cases, the customer must endorse the carrier’s delivery note with details of the claim.

Any alleged defect shall be notified by the customer to Digital Designs within 14 days of the delivery of the goods or, in the case of any defect not reasonably apparent on inspection, within seven days of the defect coming to the customer’s attention.

Any claim made under this condition must be in writing and must contain full details of the claim, including the part numbers of any allegedly defective goods. DigitalDesigns.AI shall be given a reasonable opportunity and facilities to investigate any claims made under this condition. If requested in writing by Digital Designs, the Customer shall promptly return any products subject to a claim and any packing materials, securely packed and carriage paid, to Digital Designs.

DigitalDesigns.AI shall have no liability for any claim in respect of which the Customer has not followed the claim procedures outlined in these terms.

Payment, Accuracy of Billing and Account Information:

Primarily, DigitalDesigns.AI states its prices in USD, but it may also offer its products in a variety of different currencies for the convenience of its customers.

All payments must be made by credit or debit card through PayPal. By submitting a credit or debit card number to PayPal, you: (a) represent and warrant that your use of the particular card is authorized and that all information that you submit is true and accurate; and (b) authorize PayPal to charge the card you tendered all amounts payable by you to us based on the Products you order.

DigitalDesigns.AI reserves the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

Payment to sellers (artists/vendors):

On DigitalDesigns.AI, the payment process involves several steps. Here’s a general overview of how you get paid when selling on DigitalDesigns.AI:

1. Set up Payment Methods: Before you can receive payments, you need to set up your preferred payment methods on DigitalDesigns.AI. The currently available options are a PayPal account or a Bank Transfer. Log in, go to your “Artist Dashboard > Settings > Payments” and add PayPal as a payment method.
2. Payment Processing: When a customer places an order on your DigitalDesigns.AI store, the payment is processed through DigitalDesigns.AI Payments. DigitalDesigns.AI collects the payment from the buyer, including shipping fees and applicable taxes.
3. Payment Disbursement: Once the payment is successfully processed, DigitalDesigns.AI holds the funds for a certain period to account for potential returns, refunds, or order issues. This period is typically referred to as the “Payment Processing Time” and can vary based on your store’s history and performance.
4. Payouts: After the Payment Processing Time has elapsed, DigitalDesigns.AI promptly initiates the payout to your PayPal account. If you prefer to receive the payment to your bank account (not recommended due to high transfer fees), you need to contact DigitalDesigns.AI’s customer support. Currently, DigitalDesigns.AI pays out to artists once their account reaches a threshold of $100 USD.
5. Currency Conversion (if applicable): If you sell to customers in different countries, PayPal can automatically convert the payment into your preferred currency based on the exchange rate at the time of the transaction. Currency conversion fees may apply.
6. Payment Notifications: DigitalDesigns.AI will send you email notifications for each successful payment, payout, or other related transactions. You can also track your payments and view financial statements in your DigitalDesigns.AI store dashboard.

It’s important to note that DigitalDesigns.AI charges certain fees for using its platform, such as transaction fees, and payment processing fees. Additionally, payments may have VAT and sales taxes deducted when applicable.

For detailed and up-to-date information specific to your location and store settings, please reach out to our customer support for assistance.

Invoices:

As a seller on DigitalDesigns.AI, you are not required to provide an invoice to DigitalDesigns.AI after receiving payment. DigitalDesigns.AI handles the payment processing and maintains a record of the transaction details on your behalf. You can access financial statements and transaction history through your DigitalDesigns.AI store Dashboard.

However, it is important to maintain your own records for accounting and tax purposes. Depending on your local tax regulations and business accounting requirements, you may need to issue invoices or keep track of sales information independently. It is advisable to consult with legal and tax professionals or research the specific tax regulations in your country to ensure compliance. DigitalDesigns.AI does not provide tax-payment counseling.

For customer transactions on DigitalDesigns.AI, invoices are typically generated automatically by DigitalDesigns.AI and sent to the buyer. These invoices contain details of the purchase, such as item description, price, and any applicable taxes. Buyers can also access and download their invoices from their DigitalDesigns.AI account.

If you offer custom or personalized services outside of DigitalDesigns.AI’s standard transaction process, you may need to provide separate invoices to your customers for those specific services. It is recommended to consult with a tax professional or accountant familiar with the regulations in your jurisdiction to ensure you meet all your legal and tax obligations as a business owner.

Commissions, sums and revenue:

At our multivendor e-commerce website, we are committed to providing fair and transparent compensation to our talented artists and vendors. We have carefully designed our commission structure to ensure that you receive appropriate rewards for your hard work and creativity. Here’s how our commission system works:

Digital Image Sales: When you sell a digital image through our platform, you will receive 75% of the total price. This means that for every digital image sale, you earn 75% of the selling price.

Product Sales with Your Created Image: If a product featuring an image you have created is sold, you will receive 15% of the base price. The base price refers to the selling price of the product excluding any VAT/tax and shipment costs.

We believe in rewarding your artistic contributions and want to ensure that you benefit from the success of your creations. By offering higher commission rates for products featuring your unique images, we aim to recognize the value you bring to our marketplace.

Please note that the commission percentages mentioned above are subject to our Terms of Use, and any applicable taxes or fees (such as PayPal fees or bank transfer fees) will be deducted from the final commission payout.

Customs and Tax Obligations:

Buyers should be aware that when purchasing items from international vendors, they may be subject to customs duties, import taxes, and other fees based on the regulations of the destination country. These charges are the responsibility of the buyer and may not be included in the product or shipping prices. It is advised that buyers consult their local customs office or tax authority for detailed information on potential charges.

At the checkout page, DigitalDesigns.AI strives to provide the most accurate tax estimates. However, in some cases, customs fees may apply once the buyer receives their order, depending on the country’s threshold. Our platform has no control over these fees, so buyers should familiarize themselves with their country’s customs and tax regulations to understand the potential charges.

It is important to consult legal professionals or tax experts to ensure compliance with customs and tax obligations. Please note that DigitalDesigns.AI will not refund buyers who refuse delivery due to unexpected fees upon receiving their order.

Optional Tools:

DigitalDesigns.AI may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

Third-Party Links:

Certain content, products, and services available via our Service may include materials from third parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review the third party’s policies and practices carefully and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

User Comments, Feedback and Other Submissions:

If, at our request, you send certain specific submissions (for example, contest entries), or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation: (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

DigitalDesigns.AI may, but has no obligation to, monitor, edit, or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party’s intellectual property or these Terms of Service. You agree to abide by these standards and to not post any content that violates any right of any third party, including copyright, trademark, privacy, personality, or any other personal or proprietary right. You acknowledge and agree that DigitalDesigns.AI shall have no liability whatsoever arising from or relating to any such content. You agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead DigitalDesigns.AI or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. DigitalDesigns.AI takes no responsibility and assumes no liability for any comments posted by you or any third party.

Errors, Inaccuracies and Omissions:

Occasionally, there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information, or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Prohibited Uses:

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Uploaded Art:

By uploading or saving an AI design that you created, you agree to the following:

1. All content complies with our content guidelines as outlined in these terms of use.
2. You hold full rights to commercially reproduce this content.
3. Your content does not promote or incite hate towards any person or group.
4. Your content does not depict or promote illegal activities.
5. You understand that we act based on your instructions and are not obligated in any way to verify or confirm the legal use of reproducing any content.
6. You indemnify and defend DigitalDesigns.ai against any claims made as a result of alleged infringements.
7. All content is subject to review and may be removed at any time without prior notice.

Product Completion and Draft Erasure Policy:

We value the dynamic and vibrant community of users and artists who contribute to our platform. In line with our commitment to maintaining a high standard of quality and engagement, we have established a Product Completion and Draft Erasure Policy. Upon creating digital products, users and artists are granted a generous period of 30 days to finalize and set up their offerings. This duration ensures ample time for refining, editing, and perfecting the products before they are made available to the audience. However, it’s important to note that any digital products left in draft position after the stipulated 30-day period may be subject to automatic erasure from our system. This practice helps us uphold the relevance and quality of the content on our platform, while also ensuring that users have access to the most polished and valuable creations. We encourage all users and artists to make the most of this provision and contribute to the platform’s rich tapestry of offerings. Your dedication to timely completion is greatly appreciated.

Disclaimer of Warranties; Limitation of Liabilities:

We cannot guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You acknowledge that we may, from time to time, remove the service for indefinite periods or cancel the service at any time without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are provided “as is” and “as available” for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no event shall DigitalDesigns.AI, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the Service or any Products procured using the Service, or for any other claim related in any way to your use of the Service or any Product, including but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility.

Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of DigitalDesigns.AI and its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, and licensors shall be limited to the maximum extent permitted by law.

Indemnification:

You agree to indemnify, defend, and hold harmless Digital Designs and our parent subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Severability:

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.

Scope of Contract:

Under no circumstances shall DigitalDesigns.AI have any liability of whatever kind for:

• Any defects resulting from wear and tear, accidents, or improper use by the Customer, or use by the Customer except in accordance with the instructions or advice of the Company or the manufacturer of any Goods, or neglect, or from any instructions or materials provided by the Customer.
• Any Goods that have been adjusted, modified, or repaired.
• The suitability of any Goods for any particular purpose or use under specific conditions, whether or not the purpose or conditions were known or communicated to DigitalDesigns.AI.
• Any substitution by DigitalDesigns.AI of any materials or components that do not form part of any specification of the Goods agreed in writing by DigitalDesigns.AI.
• Any technical information, recommendations, statements, or advice furnished by DigitalDesigns.AI, its employees, or agents that are not given in writing in response to a specific written request from the Customer before the Contract is made.
• Any variations in the dimensions of any Goods or changes to their specifications or substitution of any materials or components if the variation or substitution does not materially affect the characteristics of the Goods, and the substituted materials or components are of a quality equal to or superior to those originally specified.

Extent of Liability:

DigitalDesigns.AI shall have no liability to the Customer for any loss or damage of any nature arising from any breach of any express or implied warranty or condition of the Contract, or any negligence, breach of statutory or other duty on the part of DigitalDesigns.AI, or in any other way out of or in connection with the performance or purported performance of, or failure to perform, the Contract except:

• For death or personal injury resulting from DigitalDesigns.AI’s negligence.
• As expressly stated in these conditions.

If the Customer establishes that any Goods have not been delivered, have been delivered damaged, or do not comply with their description, DigitalDesigns.AI shall, at its option, replace any missing, lost, or damaged Goods with similar goods, allow the Customer credit for their order value, or repair any damaged Goods.

If the Customer establishes that any Goods are defective, DigitalDesigns.AI shall, at its option, replace any defective Goods with similar goods, allow the Customer credit for their order value, or, to the extent that the Goods are not of DigitalDesigns.AI’s manufacture, assign to the Customer any warranties given by the manufacturer of the Goods to DigitalDesigns.AI, to the extent permitted by Digital Designs.

Delivery of any repaired or replacement Goods by Digital Designs shall be at DigitalDesigns.AI’s premises or the other delivery point specified for the original order.

If DigitalDesigns.AI is liable in accordance with this condition for only some or part of the Goods, the Contract shall remain in full force and effect in respect of the other parts of the Goods, and no set-off or other claim shall be made by the Customer against such other parts of the Goods.

No claim against DigitalDesigns.AI shall be entertained for any defect arising from any design or specification provided or made by the Customer, or if any adjustments, alterations, or other work has been done to the Goods by any person except DigitalDesigns.AI.

DigitalDesigns.AI shall not be liable where any Goods, for which the price does not include carriage, are lost or damaged in transit, and all claims by the Customer shall be made against the carrier. If available, DigitalDesigns.AI may supply replacements for such lost or damaged Goods at the prices ruling at the date of dispatch.

Under no circumstances shall the liability of DigitalDesigns.AI to the Customer under this condition exceed the order value of the Goods.

While DigitalDesigns.AI will make every effort to match print colors to the Customer’s requirements, no liability is accepted by DigitalDesigns.AI for color variations within normally expected commercial tolerance.

DigitalDesigns.AI shall not be liable for the acts or omissions of any third parties related to the Contract.

Entire Agreement:

The failure of DigitalDesigns.AI to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service, along with any policies or operating rules posted by DigitalDesigns.AI on this site or in respect to the Service, constitute the entire agreement and understanding between you and DigitalDesigns.AI, governing your use of the Service and superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and DigitalDesigns.AI (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

General:

DigitalDesigns.AI may subcontract the performance of the Contract in whole or in part. The Customer shall not assign or sublet this contract in whole or in part. Except for any items that are expressly agreed to be included in the Goods, all images, tools, patterns, materials, drawings, specifications, and other data provided by DigitalDesigns.AI shall remain its property, and all technical information, whether patentable or unpatentable, copyright, and registered designs arising from the execution of any orders shall become the property of DigitalDesigns.AI.

Confidentiality:

The Customer shall not, at any time, whether before or after the termination of the Contract, divulge or use any unpublished technical information derived from the Company or any other confidential information related to the Company’s affairs, business, or methods of conducting business.

Force Majeure:

DigitalDesigns.AI shall not be liable for any failure in the performance of its obligations under this Contract caused by factors beyond its control.

Law and Jurisdiction:

This Contract shall be governed by the laws of the state of Israel, at the sole discretion of DigitalDesigns.AI. The Customer consents to the exclusive jurisdiction of the mentioned state in all matters relating to this Contract.

Notice:

Any notice given under this Contract shall be in writing and may be served:

• Personally
• By registered or recorded delivery mail
• By e-mail
• By any other means specified by any party through notice to the others.

Each party’s address for the service of notice shall be the address specified on the Order Acknowledgment or any other address specified through notice to the others.

A notice shall be deemed to have been served:

• If served in person, at the time of service.
• If served by post, 48 hours after it was posted.
• If served by email, at the time of transmission.

Changes to the Terms of Service:

You can review the most current version of the Terms of Service at any time on the DigitalDesigns.AI website.

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service or any other policies by posting updates and changes on our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Contact Information:

If you have any questions about these Terms of Service, please contact us at human@digitaldesigns.ai.