Terms of Use
Date of publication: October 29, 2024
Welcome to DXF4YOU, a company that offers Buyers the sale of Digital Items for the manufacture of physical products.
References to the words "you" or "your" (or similar words) mean the Buyer or Guest or the Seller, depending on the context of the Terms of Use.
References to the words "we", "our" or "us" (or similar words) mean DXF4YOU.
The headings used in these Terms of Use are included for convenience only and do not limit or otherwise affect these Terms of Use.
1. DEFINITIONS
1.1. Account is a functional part of the Website through which the Buyer gains access to the Services and functions of the Website.
1.2. Data is a common name for Personal and Statistical Data.
1.3. User's consent (hereinafter referred to as the "Consent") is a voluntary, specific, informed and unambiguous expression of will in which the User agrees to the terms of the Services through a statement or an explicit positive action.
1.4. Buyer is any individual or legal entity that purchases Digital Items by using the Website.
1.5. Guest is any individual who uses the Website but does not make a purchase of Digital Items.
1.6. Seller is any individual or legal entity that sells Digital Items on the Website based on an agreement with the Company.
1.7. User is a common name for Guest, Buyer and Seller.
1.8. Digital Item is a file in electronic form posted on the Website and purchased by the Buyer.
1.9. Services are the implementation by the Company of an algorithm of actions for the sale of the Digital Items to the Buyer and the provision of additional information to the User about the Digital Items.
1.10. DXF4YOU (hereinafter referred to as the "Company" or "DXF4YOU") is DXF4YOU 80664 LLC (address: 13500 W HALLANDALE BEACH BLVD, STE 191, HOLLYWOOD, FL 33023), a company registered in the jurisdiction of the United States, which provides the Services to the User.
1.11. DXF4YOU Company Website (hereinafter referred to as the "Website")means a web page or a group of web pages on the Internet located at https://dxf4you.com/, through which the Company provides Services to the User.
1.12. Personal data is any information that is in the public/private domain that allows you to directly or indirectly identify the User. For example, name, surname, phone number, IP address.
1.13. Statistical data is any information that is publicly available and directly or indirectly related to the User.
1.14. Third Party - means a natural or legal person, government agency, commercial institution or body other than the Company and the User.
2. USER CONSENT
2.1. The User agrees to the following terms and conditions:
2.1.1. confirms that he/she has reached the age of majority in his/her country or the User has given consent for his/her minor dependents to receive the Services and purchase the Digital Items;
2.1.2. terms of receiving the Services;
2.1.3. terms of payment for the Services;
2.1.4. terms of purchase of the Digital Items;
2.1.5. terms of refund;
2.1.6. the terms of these Terms of Use;
2.1.7. not to use the Site and/or Digital Items for illegal purposes, including copyright infringement;
2.1.8. not transmit any viruses or any code of a destructive nature in any way.
2.2. One of the following actions shall be deemed to be acceptance of the terms and conditions set forth in these Terms of Use:
2.2.1. providing active Consent in the form of placing a marker in a free field (checkbox);
2.2.2. registration/authorization on the Website;
2.2.3. purchase of the Digital Items;
2.2.4. receiving the Services.
2.3. The Seller may provide its Consent by signing the relevant legal document.
2.4. The User agrees to receive advertising messages from the Company by e-mail. The User has the right to refuse to receive such messages by writing to the Company's e-mail address: info@dxf4you.com.
2.5. The User consents to receive electronic communications and agrees that all agreements, notices, disclosures and other communications that DXF4YOU provides to the User electronically, by e-mail and on the Site satisfy any legal requirements for written notice.
2.6. DXF4YOU reserves the right to obtain the User's Consent through a pop-up form. The pop-up form may contain a consent form in the form of a checkbox.
3. REGISTRATION/AUTHORIZATION
3.1. To access his/her Account and additional functions of the Website, the Buyer shall register on the Website. After registration on the Site, an Account will be created for the Buyer. To re-access the Account, the Buyer must be authorized on the Site. The registration/authorization algorithm is indicated in the relevant section of the Site. To register/authorize on the Website, the Buyer shall provide his/her Data in accordance with the Company's instructions. In case of failure to provide such Data by the Buyer, the Account will not be available to such Buyer.
3.2. The Company creates an Account for each Buyer after completing the registration process on the Website.
3.3. With the help of the Account, the Buyer gets access to additional features of the Website and the Services, including but not limited to profile management; creating a wish list; creating a wish list; sending correspondence and managing reviews.
3.4. The Buyer may register/authorize on the Website using the social network Facebook or an account in the Google service.
3.5. The Buyer may deactivate (delete) the Account by sending a request to the Company at the following e-mail address: info@dxf4you.com. The request to delete the Account must contain the following information: Buyer's full name, email used to create the Account, and reasons for deletion. In case of deletion of the Account, the Company deletes the Data of such Customer permanently and cannot be restored. The Company shall decide to delete the Account within 3 (three) business days from the date of receipt of such request. The Company may decide to refuse to delete the Account if such a request does not contain the necessary information provided for in this paragraph.
4. PROVISION AND PAYMENT FOR SERVICES
4.1. The Buyer may purchase the Digital Items by selecting them in the relevant section of the Site and following the steps specified on the Site.
4.2. The Company informs that the Website may contain Digital Items owned by the Seller but sold on the Website and payment for such Digital Items shall be made to the Company's account, in accordance with the price indicated on the Website. Mutual settlements between the Seller and the Company shall be made based on a legal document signed between them.
4.3. All payments related to the purchase of Digital Items on the DXF4YOU website are processed through the payment operator PayPro Global Inc., which acts as the Company’s official authorized reseller. The purchase agreement is concluded between the Buyer and PayPro Global Inc., and not with DXF4YOU. PayPro Global Inc. is responsible for the issuance of accounting documents (invoices), calculation and administration of tax obligations (including value-added tax), receipt of funds, and, if necessary, processing of refunds.
4.4. All transactions are conducted in accordance with the terms and conditions of PayPro Global Inc., set forth in the Terms and Conditions document, available at: https://docs.payproglobal.com/documents/legal/termsAndConditions.pdf.
4.5. The User may post reviews on the Company's Website, and although the Company moderates such reviews, it cannot review all content and therefore reserves the right to stop providing the Services to the User and restrict access to the Company's features or terminate the Services if the User posts subsequent content:
4.5.1. in any way violates the rights of a Third Party, including property and/or intellectual rights;
4.5.2. contains illegal information;
4.5.3. contains false information (information that is knowingly or unknowingly distorted, untrue (defamation) or incorrect information (contains errors or inaccuracies due to misunderstanding or interpretation of facts);
4.5.4. contains signs of a pornographic or sexual nature, profanity;
4.5.5. degrades the honor and dignity of a Third Party/other User;
4.5.6. incites racial, ethnic, religious, sexual and political hatred;
4.5.7. violates the rights and/or freedoms of a Third Party/other User;
4.5.8. contains links to third party websites that may harm the software of the Third Party/other User;
4.5.9. contains links to sites that distribute pornography, unlicensed software and/or media files, or incite racial, ethnic, religious, sexual, or political hatred;
4.5.10. contains links to information that is open advertising platforms for network marketing, affiliate marketing, pyramid schemes, work-at-home earnings and other types of fraud;
4.5.11. contains foul language;
4.5.12. contains jargon exceeding thirty (30) percent of the content;
4.5.13. contains floods;
4.5.14. contains various ways to attract potential customers, such as get rich quick, financial independence, etc;
4.5.15. contains proposals for loan restructuring and debt relief;
4.5.16. contains advertising of alcohol and/or tobacco products;
4.5.17. contains spam;
4.5.18. contains calls for violence;
4.5.19. contains defamation;
4.5.20. uses several grouped punctuation marks;
4.5.21. contains links to sites that are dating services, escorts, etc;
4.5.22. contain signs of begging;
4.5.23. contains links to websites and/or information about personal growth courses, career development, etc.
4.6. The list of requirements specified in clause 4.5. of this section of the Terms of Use is not exhaustive, and the Company has the right to terminate the provision of the Services at its sole discretion if DXF4YOU has reason to believe that the placement of such content may harm the Third Party, the Company's business reputation or violates the current legislation of the State of Florida, USA.
5. DELIVERY OF DIGITAL ITEMS
5.1. Since the Company does not sell the Digital Items in physical form, the delivery of the Digital Items shall not be carried out to the Buyer's physical address.
5.2. Delivery of the Digital Items shall be carried out exclusively in electronic form, by sending the Digital Items by e-mail or by providing the opportunity to download the Digital Items from the Website or in any other way agreed between the Company and the Buyer.
5.3. After the payment is successfully processed, you will have immediate access to download the files of the Digital Items. The download link will be sent to the email address provided during the checkout process. Please ensure that the e-mail address you entered is correct to avoid possible delays in accessing your order. After downloading, you will receive a ZIP archive containing all the necessary files and information. To unzip the files, you will need archive management software that can be installed on your hardware. If you do not have such software, you can download it online for free or please contact the seller who will send you the unzipped files to your email address.
5.4. In case of an error in entering the email address when placing an order for the Digital Items, the Buyer shall contact the Company or the Website support service at info@dxf4you.comand provide information about the order of the Digital Items. After confirming the data, the files will be sent to the correct email address at no additional cost to the Buyer.
6. REFUND
6.1. The payment for the received Digital Items shall not be refunded by the Company to the Buyer under any circumstances because the Buyer receives the Digital Items in ownership and its return by the Buyer is impossible, since the Company cannot in any way control the deletion of the Digital Items by the Buyer. That is why the Service is considered to be provided from the moment of downloading the Digital Items, and further requests from the Buyer for a refund after that are not accepted by the Company in accordance with the terms of this Agreement.
6.2. Notwithstanding the foregoing, the Company may return the Digital Items in the following cases:
6.2.1. if the Buyer has not received the Digital Items;
6.2.2. if the link to download the Digital Items is not active;
6.2.3. if the received DXF cannot be used (opened in a special program) due to the Company's fault, and not due to the Buyer's fault;
6.2.4. if the Buyer received the Digital Items that were not ordered by the Buyer.
6.3. The Company may replace the Digital Items with other Digital Items only if such Digital Items belonged to the Company and the Buyer received the Digital Items that were not ordered by the Buyer or did not receive the Digital Items at all.
6.4. The Company does not provide refunds or replace the Digital Items purchased from the Seller, since all property rights to such Digital Items belong exclusively to the Seller, and the Company can only transfer the request for a refund/replacement of the Digital Items to such Seller, who will decide on this issue.
6.5. For a refund, the Buyer must send a request to the Company by e-mail: info@dxf4you.com. Such a request must contain the following information: full name of the Buyer, identification data, description of the problem, reasons for the exchange of the Digital Items, order number of the Digital Items, reason for the refund, refund amount.
6.6. The Company shall make a refund within 7 (seven) calendar days from the date of receipt of the request according to the payment details used to pay for the purchase of the Digital Items.
6.7. The Company exchanges the Digital Items within 7 (seven) calendar days from the date of receipt of the request by sending an e-mail or providing a download link.
6.8. All transactions related to the purchase of Digital Items through the PayPro Global Inc. payment system are subject to the refund policy established by PayPro Global Inc. Decisions regarding refunds in such cases are made solely by PayPro Global Inc., as the party entering into the purchase agreement with the Buyer and processing the corresponding payments.
6.9. DXF4YOU does not independently process refunds for orders paid via PayPro Global Inc., and shall not be liable for the timing, conditions, or denial of refunds, which are determined by PayPro Global Inc.’s policy.
6.10. Upon receiving a refund request from a Buyer, the Company may, within reasonable limits, forward the request to PayPro Global Inc. or provide the Buyer with the necessary instructions to contact the payment system directly.
6.11. The current refund policy of PayPro Global Inc. is available on the official website at: https://docs.payproglobal.com/documents/legal/refundPolicy.pdf .
7. INTELLECTUAL RIGHTS
7.1. All proprietary and intellectual property rights to the program code and design of the Website and the Company's software, as well as other components and elements thereof, belong exclusively to DXF4YOU.
7.2. DXF4YOU grants the User a non-exclusive right to use the Services and the content of the Website.
7.3. The User grants DXF4YOU a non-exclusive right to use, copy, process and transmit Personal and Statistical Data during the term of use of the Services.
7.4. DXF4YOU owns all property and intellectual rights to the Digital Items, which the Company transfers to the Seller in accordance with the terms of the EULA.
7.5. The Digital Items are intended solely for personal use and are not intended for commercial use and the User is not entitled to:
7.5.1. alienate the Digital Items to a Third Party;
7.5.2. use the Digital Items for commercial purposes, except for the manufacture of physical items;
7.5.3. transfer intellectual property rights to use the Digital Items to any Third Party;
7.5.4. to use the manufacturer's intellectual property rights to the Digital Item for their own purposes and/or for the purposes of a Third Party.
7.6. A user who believes that his or her intellectual and property rights have been violated may contact the Company with a request at the following e-mail address: info@dxf4you.com. Such a request should include: the full name of the User, description of the problem, contact details, evidence of violation of intellectual and property rights. The Company shall consider such request within 10 (ten) business days from the date of receipt. By submitting such a request, the User confirms that:
7.6.1. that the information contained therein is accurate and true,
7.6.2. understands the full extent of responsibility for sending inaccurate data,
7.6.3. guarantees that such information does not violate copyright and/or other intellectual property rights of the Third Parties;
7.6.4. confirms that it has all the rights and powers necessary and sufficient to make the request;
7.6.5. provides the Company with consent to the processing of its Personal Data in accordance with the Florida Digital Bill of Rights (FLDBOR).
8. RESPONSIBILITY
8.1. DXF4YOU shall not be liable for any losses incurred by the Buyer as a result of the use of the Digital Items and/or damage to health/life if the Buyer did not comply with the terms of use/operation/storage of the Digital Items during use.
8.2. The Company shall not be liable if the Digital Items are incompatible with the Buyer's software, including but not limited to AutoCAD and other programs.
8.3. The Company shall not be liable for the delivery of the Digital Items or for damage to the Digital Items during delivery if the delivery of the Digital Items is carried out by sending the Digital Items to the Buyer's e-mail. The Company shall not be liable if the Buyer is unable to download the Digital Items due to a malfunction of the Buyer's software.
8.4. If the Buyer makes a mistake by entering the e-mail address during the purchase of the Items and if the Buyer does not receive the Digital Items due to the incorrect e-mail address specified by the Buyer, the Buyer may contact the Company with a description of the software used and a detailed description of the problem that has arisen with the files by sending an e-mail request: info@dxf4you.com. The Company shall provide such file within 7 (seven) calendar days from the date of receipt of such request from the Buyer.
8.5. The Company informs that the image and characteristics of the Digital Items on the Website may differ from the appearance of the Digital Items received by the Buyer, and the Buyer undertakes not to make any claims regarding the discrepancy between the characteristics/image on the Website and the characteristics/image of the received Digital Items.
8.6. The Company sells the Digital Items "as is", and the Buyer uses the Digital Items at his own risk. We assist and advise on cutting and assembling the Digital Items. The Buyer may use the Digital Items for the production of their own products and the Company shall not be liable for the quality and characteristics of the products created by the Buyer by using the purchased Digital Items.
8.7. The Company is not responsible for:
8.7.1. any expectations of the Buyer from the Digital Items purchased on the Website;
8.7.2. absence of the manager during non-working hours/weekends or failure to process the order of the Digital Items during non-working hours;
8.7.3. Digital Items owned by the Seller and sold through the use of the Website;
8.7.4. the Buyer's software used to work with the Digital Items;
8.7.5. for the quality of the products manufactured with the help of the Digital Items.
8.8. The Company shall not bear any responsibility and shall not reimburse any damages to the Buyer who has purchased the Digital Items not owned by the Company. The Company may forward such Buyer's request to the Seller and/or provide the Buyer's contacts to the Seller to resolve the dispute.
8.9. The Buyer undertakes to direct any legal claims regarding the purchased Digital Items not belonging to the Company, but belonging to the Seller. The Buyer releases the Company from any claims related to the Digital Items sold through our Website, including defective Digital Items (e.g., liability claims).
8.10. By using our Services, you may be exposed to material that you find offensive or objectionable. We do not endorse any content posted by a User in reviews. DXF4YOU is not responsible for the accuracy, copyright compliance, legality, or decency of any content posted by a User in the Reviews. You release us from all liability in connection with this content in this paragraph.
8.11. If the User violates the terms of the Agreement, the Company may apply the following sanctions to the User:
8.11.1. delete the Account;
8.11.2. terminate the provision of the Services.
8.12. If the Company receives any remarks regarding the infringement of intellectual and/or property rights to the Digital Item, the Company shall have the right to remove such Digital Item from its Website.
8.13. The User is solely responsible for the use of his/her Account, as well as for the use of the Account by any other Third Party. If you register as a legal entity, you personally warrant that you have the authority to agree to the Terms of Use on behalf of this legal entity. Any transfer of your Account and/or password is prohibited.
8.14. These Terms of Use do not create any agency, partnership, employment, joint venture or franchise relationship between the User and DXF4YOU.
8.15. If DXF4YOU is sued, notified, or requested to do so, or makes a claim or demand because of your actions (or inaction), you agree to defend and indemnify us. This means, in particular, that you agree to defend, indemnify and hold harmless DXF4YOU (including any employees, officers, directors, agents, subsidiaries and related parties) from and against all violations, complaints, claims, proceedings, losses, liabilities and expenses (including reasonable attorneys' fees) arising from your actions, use (or misuse) of our Services, violation of the Terms of Use, etc. The Company reserves the right to pursue legal defense as it deems appropriate, even if you release the Company from liability, in which case you agree to cooperate with the Company in implementing its defense strategy.
8.16. The Company reserves the right, but not the obligation:
8.16.1. monitor violations of the Agreement;
8.16.2. take appropriate legal action against anyone who, in its sole discretion, violates the laws of the State of Florida, the United States or the Agreement, including, but not limited to, reporting such User to law enforcement authorities;
8.16.3. in our sole discretion and without limitation, notice or liability, remove from the Site or otherwise disable all files and content that are excessively large or otherwise burden our systems;
8.16.4. to administer the Website in such a way as to protect our rights and property and to facilitate the proper functioning of the Website.
8.17. To the extent permitted by law, we provide the materials and Services on an "as is" basis. This means that we make no warranties of any kind, including, but not limited to, warranties of merchantability and fitness for a particular purpose.
8.18. DXF4YOU and its affiliates and agents are not responsible for any delays or failures in the Services caused by events beyond the Company's control: Acts of God, internet failures, equipment failures, power outages, strikes, labor disputes, riots, insurrections, civil commotion, shortages, fires, floods, storms, explosions, natural disasters, wars, hostilities, epidemics, pandemics, governmental actions, court orders, etc.
8.19. THE COMPANY IS NOT RESPONSIBLE FOR THE CONSEQUENCES CAUSED BY THE ACTIONS OF HACKERS, CRIMINAL MODIFICATION OF THE SOFTWARE OR YOUR ACCOUNT.
9. LEGISLATION AND DISPUTE RESOLUTION
9.1. All relations between the Company and the User arising in connection with the fulfillment of the terms of these Services shall be governed by the laws of the State of Florida, USA.
9.2. Any dispute arising out of or relating to this Agreement, including any question concerning its existence, validity or termination, shall be brought and finally resolved in a court in Florida, USA, in accordance with the laws of Florida, USA.
10. TERM OF ACTION
10.1. The Agreement is valid for the period of use of the Services by the User. In case of termination of the use of the Services and termination of the relationship between the parties, the terms of the Agreement shall cease to apply.
11. CHANGE IMPLEMENTATION
11.1. DXF4YOU reserves the right to unilaterally amend the Terms of Use, which shall enter into force upon publication of the new text of the Agreement on its Website.
11.2. The User shall be obliged to familiarize themselves with the new rules of the Terms of Use and the Company shall not be liable if the User has not read the new terms of the Agreement.
11.3. Our electronic or otherwise stored copies of the Terms of Use are considered to be the correct, complete, valid and legally binding versions of these Terms of Use in effect at the time of the User's visit to the Site. If the User uses the Services after the date of updating the Terms of Use, we have the right to assume that the User has read the new version of the Terms of Use and agrees to the terms of the Services.
12. REQUISITES
DXF4YOU 80664 LLC
Email: info@dxf4you.com