Terms of Service

Welcome to CutoDigitalArt. By accessing or using our website and services, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our services.

1. Acceptance of Terms

By creating an account, making a purchase, or using our website, you confirm that:

• You are at least 18 years old or have parental consent
• You have the legal capacity to enter into a binding contract
• You will comply with these Terms and all applicable laws

2. Services Description

CutoDigitalArt is a digital marketplace that offers:

• Digital art files including SVG, PNG, and sublimation templates
• Instant download access after purchase
• Commercial licensing for purchased designs
• User accounts for order management and re-downloads

3. Account Registration

3.1 Account Creation

• You may browse and add items to cart as a guest
• An account is required to complete purchases
• You must provide accurate and complete information
• You are responsible for maintaining account security

3.2 Account Responsibilities

• Keep your login credentials confidential
• Notify us immediately of any unauthorized access
• You are responsible for all activities under your account

4. Digital Products and Licensing

4.1 License Grant

Upon purchase, you receive a non-exclusive, non-transferable license to use the digital files:

• For personal and commercial projects
• On physical or printed products, including print-on-demand
• Without attribution requirements

4.2 License Restrictions

You may NOT:

• Share, sell, or redistribute the files in any digital format
• Use files to create competing digital products or templates
• Claim copyright ownership of the designs
• Include files in any design bundle or resource pack
• Transfer your license to another person or entity

4.3 Customer Responsibility

5. Purchases and Payment

5.1 Pricing

• All prices are in USD unless otherwise stated
• Prices are subject to change without notice
• Active promotions apply automatically at checkout

5.2 Payment Processing

• Payments are processed securely through Stripe
• We do not store your payment card information
• You agree to pay all charges incurred

5.3 Order Confirmation

• You will receive an email confirmation upon successful payment
• Download links are available immediately in your account
• We reserve the right to cancel fraudulent orders

6. Refund Policy

Exceptions may be considered only for:

• Duplicate purchases made in error
• Technical issues preventing download (if we cannot resolve them)

7. Intellectual Property

7.1 Our Content

All content on this website, including designs, graphics, text, and code, is owned by or licensed to CutoDigitalArt and is protected by intellectual property laws.

7.2 User Content

By submitting any content to us (such as reviews or messages), you grant us a worldwide, royalty-free license to use, reproduce, and display such content.

8. User Conduct

You agree not to:

• Use our services for any illegal or unauthorized purpose
• Attempt to hack, disable, or damage our website
• Scrape or copy our content using automated means
• Impersonate another person or entity
• Share account access with others
• Circumvent any security or access restrictions

9. Downloads and Access

• Download links are available immediately after purchase
• Files remain accessible in your account for re-download
• We recommend downloading and backing up files promptly
• We are not responsible for lost files after successful download

10. Disclaimer of Warranties

Our services are provided "as is" without warranties of any kind. We do not guarantee that:

• The website will be error-free or uninterrupted
• Files will meet your specific requirements
• Downloads will be available indefinitely

11. Limitation of Liability and Disclaimer of Responsibility

To the maximum extent permitted by law:

• We are not liable for any indirect, incidental, or consequential damages
• Our total liability shall not exceed the amount you paid for the specific product
• We are not responsible for your use or misuse of purchased files
• We are NOT responsible for any legal actions, copyright infringement claims, trademark violations, or other legal disputes that may arise from your use of our designs
• You assume all legal and financial responsibility for ensuring your use complies with applicable laws and does not infringe third-party rights
• We disclaim all responsibility for any damages, losses, or legal costs incurred due to your improper use of purchased designs
• We make no warranties about the suitability of designs for specific purposes or markets
• We are not responsible for verifying the originality or legal clearance of combined design elements

Customer Legal Responsibility: You acknowledge that you are fully responsible for:

• Ensuring compliance with all applicable laws and regulations
• Obtaining necessary permissions, licenses, or clearances for your intended use
• Verifying that your use does not infringe any third-party intellectual property rights
• All legal and financial consequences arising from your use of purchased designs
• Defending against and resolving any legal claims related to your use of our products

12. Indemnification

You agree to indemnify, defend, and hold CutoDigitalArt, its owners, employees, and affiliates completely harmless from and against any and all claims, damages, costs, expenses (including reasonable attorney's fees), losses, and liabilities arising from or related to:

• Your violation of these Terms of Service
• Your use or misuse of purchased files in any manner
• Your violation of any third-party intellectual property rights, including but not limited to copyrights, trademarks, patents, or publicity rights
• Any legal action, claim, or dispute brought against us related to your use of our designs
• Your combination of our designs with other elements, text, logos, or content
• Any products, services, or materials you create, distribute, or sell using our designs
• Your failure to comply with applicable laws, regulations, or industry standards
• Any representations, warranties, or guarantees you make about products incorporating our designs

This indemnification obligation includes your responsibility to:

• Pay all legal fees and costs we incur defending against claims related to your use
• Compensate us for any settlements, judgments, or damages we may face
• Take over the defense of any legal action at our request
• Cooperate fully with our legal defense if we choose to defend ourselves

13. Account Termination

We may terminate or suspend your account immediately, without prior notice, for:

• Violation of these Terms of Service
• Fraudulent or illegal activity
• Suspected fraudulent payment methods or chargeback abuse
• Abuse of our services or systems
• Unauthorized sharing or distribution of purchased files
• Any conduct that we determine, in our sole discretion, to be harmful or inappropriate

No Right to Recovery: Upon termination for fraud, Terms violations, or any prohibited conduct:

• Your account will be permanently disabled with no possibility of restoration
• You forfeit all access to previously purchased files and downloads
• We are under no obligation to provide refunds, compensation, or access to your account data
• You have no right to appeal, contest, or seek reinstatement of a terminated account
• All licenses granted to you for purchased designs may be revoked at our discretion

Upon termination, your right to use our services will cease immediately and permanently.

14. Changes to Terms

We may modify these Terms at any time. When we make changes:

• The updated Terms will be effective immediately upon posting
• We will update the "Effective Date" at the top
• Your continued use constitutes acceptance of the new Terms

15. Governing Law

These Terms are governed by the laws of the United States, without regard to conflict of law principles. Any disputes shall be resolved in the courts of competent jurisdiction.

16. DMCA Compliance

We respect intellectual property rights. If you believe any content infringes your copyright, please contact us with:

• Description of the copyrighted work
• Location of the allegedly infringing material
• Your contact information
• A statement of good faith belief

17. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

18. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and CutoDigitalArt regarding the use of our services.

19. Contact Information