Terms and Conditions of Use of ADDTOCRAFT
Established on: 1st March 2025
ADDTOCRAFT (hereinafter referred to as “We”) has clarified the important legal terms and conditions that apply to all individuals who visit our website or use our services. These terms and conditions are important as they help protect both you and us, and also allow us to provide services to all users appropriately. We will offer a variety of services and features, and some of the terms and conditions here may not relate to the specific services you choose to use.
1. Introduction
1.1. Purpose
We provide services that give our users the opportunity to create a suitable, beautiful, and highly functional online space. Users can manage and promote products, businesses, content, and various ideas in the best way possible using such services, even if they have no knowledge, expertise in technology, or experience in design. We will offer various tools and features for our users to create, publish, and apply to websites, e-commerce platforms, galleries, media players, mobile applications, as well as online applications and other applications on mobile phones, tools, and services on online websites and mobile versions of websites, including functionalities and platforms created by users, collectively referred to here as “User Platform.”
1.2. Legal Agreement
The terms and conditions of use that we have specified herein, including additional terms and conditions that apply specifically to certain services and features of ours, will be indicated on the website ADDTOCRAFT (“ADDTOCRAFT website” and collectively referred to as “Terms and Conditions of Use”) will form the basis for all Terms and Conditions of Use that apply to visitors or users (“Users” or “You”) of all our websites, including users of the ADDTOCRAFT mobile application (“ADDTOCRAFT App”) and/or other services, applications, and features that we offer unless we explicitly state otherwise (all services offered through the ADDTOCRAFT website or ADDTOCRAFT App collectively referred to as “Our Services” or “Services”). For clarity, please be informed that Our Services as described in these Terms and Conditions of Use do not include services, applications, features, or elements created, developed, connected to, or presented by our users, even if they are presented on our website or application.
These Terms and Conditions of Use shall be considered a preliminary legal contract that is binding and enforceable between us, including our affiliates, and you when you use any of our services. Therefore, please read the Terms and Conditions of Use carefully.
You have the right to access and/or use our services and/or our applications only if you fully accept these terms and conditions of use. Your use and/or registration with our services will be considered as your clear indication and confirmation that you agree to and accept these terms and conditions of use, as well as other terms and conditions of use related to our services. If you do not review the details or do not understand the content thoroughly, or do not agree or disagree with these terms and conditions of use, you must exit the website or stop using our services or our applications immediately.
By choosing to use our services, you acknowledge that you have read our privacy policy.
1.3. User Account
In order to access and use our services, you must first register and create an account with us (“User Account”).
Creating a User Account or purchasing paid services (as explained in these terms and conditions of use) can be done directly on the website ADDTOCRAFT or through third parties authorized to sell our usage packages and paid services to User Accounts (“Resellers”).
If you register to use our services or purchase paid services through a Reseller, please note the following information:
These terms and conditions of use apply in addition to any arrangements between you and the Reseller, and these terms and conditions of use will govern your use of our services.
Unless otherwise specified, these terms and conditions of use shall supersede any agreements between you and the dealer regarding your use of our services and/or activities in your user account or accounts you add.
Some services, including various applications and features in our services, may not be available to you or may only be available to you through the dealer’s platform.
1.4 Account Access: Roles and Responsibilities
You may invite others to your user account or user platform and assign specific roles and responsibilities for them to perform or manage your user account or user platform.
Individuals authorized to act or manage a user account that they do not own will be referred to as “assistants.”
If someone other than yourself can access your user account and/or any of your user platform settings, that individual can perform or manage various actions (depending on the roles and permissions you have granted) that you can do, unless otherwise clearly specified in our services, or make changes to your user platform and user account, or accept any existing legal terms therein, or make various representations and warranties, and others. All such actions or management will be deemed to occur on your behalf under your name as the account owner, whether you have authorized it or not.
Therefore, we recommend that you (a) keep your user account login information confidential, and (b) allow only individuals you trust to access your user account, as you will be solely responsible for any activities, actions, or management that occur under your user account and/or your user platform (including representations, warranties, and agreements made therein, and actions taken by assistants). You will also be responsible for any damages, costs, or losses that may arise from such activities, actions, or management.
You must provide accurate and complete information when you register to open your user account and when using our services. We recommend that you provide your own (or your company’s, as applicable) contact and billing details, including a valid address, phone number, and email, as we may use such details to identify and indicate the true owner of the user account and/or the content submitted to us by users.
If you are a website assistant, you will need to register to create your user account to access the user account you are assisting with. Therefore, these terms and conditions of use also apply to website assistants.
If you are a user of a dealer, in this case, it will depend on the agreement between you and the dealer in question, such as the dealer may own the user platform to which you have been invited by the dealer to participate as an assistant.
If you are invited to join the user platform as a work assistant, or if you are a user of the dealer, you acknowledge that the owner of the user platform and/or the dealer (a) will have full rights to access any data (including personal data) that you or on your behalf store on the user platform, and (b) will have full rights to use various functions that the account owner can use regarding the user platform.
1.5 Account Ownership
For each user platform, we will consider the owner of the user platform to be the person or entity whose email address is recorded in our records as the account owner who created the user platform.
In the event of a dispute or disagreement regarding the ownership of the user account, we reserve the right to determine the ownership of the user account at our discretion without the need for verification. However, if we are unable to determine (at our discretion), we reserve the right to temporarily suspend the user account until all parties claiming ownership can resolve the dispute or disagreement, without being liable for any damages to you or any other person. Additionally, we have the right to request official documents (such as a government-issued ID or business license) that will help us verify ownership.
If you are invited to join the user platform as a work assistant, you acknowledge that the owner of the user platform has the right to access any data (including personal information) that you or on your behalf store on that user platform and has the right to use various functions that the account owner can utilize related to that user platform.
We will consider the individual or organization accessing the email address for the user account, which is the same email used to create the user platform, as the true owner of the user account, the user platform, and/or the user-generated content uploaded to our related services.
If a paid service is purchased through the user account, we will consider the individual or organization that fills out the billing details to purchase that paid service (“billing information”) as the true owner of the user account and/or the related user platform and/or the user-generated content created under that account. However, if the user platform is connected to a domain name, we will consider the owner of that user platform to be the individual or organization that registered as the domain registrar. In cases where both an individual and an organization claim to be the domain registrar, we will consider the organization to be the true owner of the domain. In cases where the billing information indicates that an individual is the owner of the user platform but the domain registration information identifies or indicates another owner, we will consider the individual registered as the owner of the domain connected to our account to be the owner of the user platform.
However, we have the right to determine the ownership of user content and/or user websites as we see fit.
2. Your Obligations
2.1. You represent and warrant that:
You are of legal age as defined by law and confirm that you have the legal authority, rights, and freedom to enter into this agreement and the obligations under our terms and conditions of use.
Your country of residence and/or the country where your company is registered or established is the same as that stated in the contact and/or billing address.
You acknowledge that we do not provide legal advice or recommendations regarding your own use or that of your consumers, or regarding compliance with regulations in any way.
In cases related to user-generated content, you affirm that you hold all rights to the content that you upload, develop, provide, import, connect, filter, or upload through our services to your user platform (“user-generated content”), including designs, images, animations, videos, audio files, fonts, logos, code, algorithms, databases, illustrations, writings, artworks, interfaces, usernames, information you provide for the purpose of creating subdomain names, texts, literature, and other substantive content (“content”), and you must have complete rights, ownership, permissions, consents, and authority over the user-generated content in accordance with the law, which must be maintained continuously to access, import, copy, use, connect, develop, and publish the user-generated content by you and us.
You have the full and complete rights, ownership, permissions, consents, and authority, and must continuously have them, to allow our services to access websites, web pages, and/or other online services for the purpose of importing, copying, displaying, uploading, sending, and/or using user-generated content from your users.
Throughout the duration of your use of our services, the user-generated content must be truthful, up-to-date, accurate, not infringing on the rights of third parties, and not unlawful in any way
You warrant that you have obtained all necessary permissions under applicable laws to post, submit, and publish personal information and/or images or likenesses of individuals, organizations, or properties that are part of the user-generated content, and you must strictly comply with all applicable laws.
2.2. You undertake and agree to:
(a) Comply with all applicable laws and contractual terms or other agreements governing the services you use, including specific rules that apply to you or your consumers.
(b) Be solely responsible and liable for any damages arising from the use of our services under your user account and/or user platform, and related to your user-generated content (including the consequences of accessing, importing, uploading, copying, using, or publishing such user-generated content on our services or in connection with the services).
(c) Record and back up (back up) the content generated by your users and information about your user platform that you process regularly and manually, including content related to consumers, user products, and applications and/or services from any third parties you utilize.
(d) Receive messages and promotional content from us or our partners periodically via mail, email, or any contact form you provide us (including your phone number for calls or texts). If you do not wish to receive promotional content or announcements, you can inform us at any time.
(e) Allow us to use your user platform, in whole or in part, in any version indefinitely worldwide and at no cost for our marketing and promotional advertising activities, both online and/or offline, and allow us to modify it for such purposes as necessary. Additionally, you waive any claims against us or individuals on our behalf regarding intellectual property, copyright, or any rights of a similar nature that you may have or hold concerning your user platform in terms of limited authorized use, both past, present, and future worldwide.
(f) Acknowledge our sole discretion regarding the guidelines, nature, and methods of conducting our services, including services related to hosting, delivery, publication, and/or display of the user platform and/or any content, including integration and presentation of advertisements or marketing content in such areas.
(g) We reserve the right to offer our services in other pricing packages and specify different limitations regarding uploading, storage, downloading, and usage of our services in each package without any restrictions, including no limitations on data traffic volume on the network and bandwidth, size and/or length of content, quality and/or format of content, source of content, amount of time spent downloading, number of subscribers to your content, storage space, etc.
2.3 You warrant and agree not to:
(a) Copy, modify, reuse, develop, download, alter, reverse engineer, attempt to replicate, transfer to another service, translate, accumulate, disassemble, or decompile our website or our services, in whole or in part, the content provided by us, or services from third parties for use and display within the user platform (“licensed content”) and/or any part thereof, or publicly operate, transfer, or manage the aforementioned content without our prior written authorization and explicit consent, and/or as permitted under our terms and conditions of use.
(b) Engage in illegal acts to collect login information and/or passwords for third-party websites, software, or services.
(c) Phishing, collecting, uploading, or accessing credit card information or other financial information in any billable form unless done in strict compliance with applicable laws.
(d) Publish and/or use our services or copyrighted content on any website, media, network, or system outside of what we offer, and/or frame, “deep link,” “page-scrape,” mirror, and/or create separate browsers from our services unless expressly authorized in writing by us in advance.
(e) Act in a manner that may damage our reputation, be disrespectful, or cause any harm to us.
(f) Purchase search engine or pay-per-click keywords (such as Google AdWords) or domain names using our name or our trademarks.
(g) Reverse search, track, or find ways to track any other users of our services, infringe or violate the privacy or other rights of other users, or collect or gather personally identifiable information of visitors or users of our services and/or user platforms without explicit consent from us or any other users.
(h) Disable, evade blocking, use indirect methods, or circumvent any measures implemented to prevent or restrict access to our services, user platforms, any other user accounts, or any systems or networks connected to our services by hacking databases, breaking private codes, or other illegal or prohibited methods.
(i) Inspect, scan, or test the vulnerabilities of our services or networks connected to our services.
(j) Conduct activities that unreasonably or disproportionately create a heavy load on our service infrastructure or our systems/networks connected to the service, or interfere with or disrupt the operation of our service, servers, or networks hosting or providing that service, or fail to comply with the requirements, processes, policies, or regulations of such servers or networks.
(k) Use any of our services or our systems for the purpose of storing and/or streaming video, whether primarily for streaming purposes or not, such as creating and operating websites intended for video streaming or primarily for file storage, including indirect usage through tools or connections to third-party platforms or services.
(l) Access our services or user accounts, copyrighted content, and/or user-generated content by any means or technology, such as scraping and collecting data from other websites, other than through the interfaces we officially support.
(m) Sell, license, or exploit the use or access to copyrighted content and/or our services for commercial purposes, unless explicitly authorized by us and/or in accordance with these terms and conditions of use.
(n) Remove or alter copyright notices, watermarks, restrictions, and marks indicating ownership rights of our rights holders, including copyright [©] or trademark [® or ™] symbols appearing in or accompanying our services and/or copyrighted content, or violate, attempt to violate, or fail to comply with our terms and conditions of use, or any laws or regulations related to the use of our services.
(o) Access or use the services to compare standards or for the purpose of analyzing similar competitive opportunities or to create products or services for competitive trading.
You agree and consent that if you fail to comply with any of the above provisions, or forge, alter, or modify any of them, it will result in our right to terminate your user account and/or any services offered to you immediately, without prior notice to you and without any refund of any payments you have made for any services whatsoever.
3. Content and Ownership
3.1. Your Intellectual Property.
In terms of the relationship between us and you, you will own all intellectual property related to user-generated content and any content you create, develop, or relate to our services, including designs, images, animations, videos, audio files, fonts, logos, illustrations, writings, artworks, code, algorithms, databases, interfaces, text, and literature. We will not claim ownership rights over your content or the content you create in connection with our services. You acknowledge and agree that in order to continue providing our services to you, including for the improvement of services (“Purpose”), we will need to access, upload, and/or copy your user-generated content to our platform for the purpose of customizing displays, including the functioning of artificial intelligence and machine learning software, for backup replication, and to carry out technical procedures and/or other uses as we see fit. In such cases, you agree to grant us unlimited rights, transfer rights, and sublicensing rights without any royalties in any case to use your user content for the above purposes.
3.2. ADDTOCRAFT’s Intellectual Property
No matter what rights, ownership, and all benefits existing in our services, including all content that can be copyrighted or any other content subject to intellectual property rights under applicable laws (including artwork, graphics, images, website designs and widgets, literary works, source code and destination code, computer code (including html), applications, audio data, music, video, and other media, design layouts, animations, interfaces, document recordings, derivative works, and any versions of “look and feel” of our services
methods, products, algorithms, data, features, and interactive objects, tools and advertising methods, inventions, trade secrets, logos, your specific domain URL, trademarks, service marks, trade names, and other proprietary identifiers, whether registered or not and/or capable of being registered (collectively referred to as “intellectual property”) and any modifications or alterations from what is stated will be considered as owned and/or copyrighted by us.
Subject to your compliance with all terms and conditions of use and timely payment of all applicable fees, we agree to grant you rights when you have successfully created a user account and are within our service period, to use our services and the licensed content for the purpose of creating and displaying your user platform to consumers and offering products for your users as clearly permitted under our terms and conditions of use and only for the purposes of our services.
The aforementioned rights are rights that limit the scope of use and are not exclusive. We can revoke or suspend the use at any time, in any case, and for any reason,
except for the limited rights granted as clearly stated above. Rights or benefits in or to our intellectual property, whether in whole or in part, do not constitute a transfer or waiver of our intellectual property rights, regardless of any law.
However, some fonts within our services that are available for you to choose from are rights we have obtained from third-party service providers. Therefore, there are additional terms of use from such providers. We reserve any other rights not specifically granted.
4. Privacy Policy
Some of our services require or involve the submission, collection, and/or use of certain data that identifies or can identify individuals. In particular, we may collect, access, and use certain information about users and consumers, including their activities or browsing through our services and/or through user platforms, as part of accessing and using our services. We recommend that you read our Privacy Policy carefully to understand the data collection and practices involved.
5. Service Fees
5.1. Paid Services
The use of certain services may require a fee, which we will determine at our sole discretion (“Paid Services” and “Fees,” respectively).
We will inform you about the fees, and you will need to pay us directly for the fees associated with the paid services you choose to purchase from us. If you wish to receive or use the paid services, you must pay all related fees in advance.
We reserve the right to change the fee rates at any time at our sole discretion, and we will notify you or your reseller of such changes in cases where the changes may affect the subscription package you have signed up for.
If you have previously received discounts or promotional offers from us or from a reseller, we or the reseller have the right to automatically renew your subscription to such services at the end of the discount period at the current full fee rate without prior notice to you.
All fees paid to us will not include any taxes (whether value-added tax, sales tax, taxes for goods and services, etc.), expenses, or any other taxes as required by law (“Taxes”), and you will be responsible for paying all types of taxes related to your use of our services yourself. If we are required to collect or pay taxes on your fees, whether such taxes are added and charged to you due to prior transactions or not, we will include such taxes in the outstanding fee payment and it will appear on the invoice for that transaction. We recommend that you check for any additional fees that you may be charged by third parties in the case of purchasing paid services or in the case of renewing such services (e.g., fees for international transactions, currency exchange fees, or fees charged by banks or credit card companies). We will not be responsible for any additional fees or expenses in such cases.
You must store your credit card in our system to pay for the paid services (“Stored Card”) purchased directly from us. You can view your card on the user account settings page where you will see the last 4 digits of the card.
5.2 Invoices
We will issue an invoice or credit note or refund for the payment of fees to you (“Invoice”). Each invoice will be issued in electronic form and as specified at your billing address and will be sent to you via your user account and/or your email. To issue invoices, you may need to provide certain personal information (as defined in the privacy policy) to comply with the law.
5.3. Subscription Automatic Renewal
To ensure that you do not experience any interruptions or discontinuation of our services, some of our paid services will have the automatic renewal option set as the default. If you do not select or disable the automatic renewal option, the paid service will automatically renew when the subscription period ends, for the same duration as the original subscription period and at the original price. For example, if the subscription period is one month, the renewal period will also be one month, unless otherwise notified. However, tax rates may change and do not include any discounts or promotions offered initially (“Renewal of Paid Services”).
Therefore, in relevant cases and for fees paid directly to us, we will automatically charge the fee through the card on file within 2 weeks before the end date of the paid service. If we fail to charge you (but this is not considered a binding obligation), we may attempt to charge again later and/or temporarily suspend your account or cancel your user account without prior notice. This will be at our sole discretion. If the renewal of the paid service has an annual or multi-year subscription period, we will notify you at least 30 (thirty) days before the end date of the paid service.
You can disable the automatic renewal option for paid services through your user account by notifying us directly.
If any issues conflict with the statements made above, you agree to be solely responsible for confirming the renewal of our services, whether or not our services automatically renew your membership. In such cases, you agree to be solely responsible for stopping the services you have previously purchased, whether due to cancellation, failure to collect installment fees, or because our services do not automatically renew your membership. You acknowledge and agree that you will not make any claims against us regarding the termination of our services for any reason whatsoever.
5.4 Money-back guarantee
If you are not satisfied with the Premium package purchased for the first time, you can notify us to cancel the service within 7 days after you have made your first order or successfully activated the Premium package service. Refunds will only be available for the first purchase of the Premium package, which is an upgrade from the free website. Refunds do not include additional purchases, upgrades, changes, or renewals of our services. If we receive a cancellation notice within the above period, we will refund you the amount charged for that service within 30 days from the date we receive the notice and you successfully cancel, and we will immediately cancel the service for you. Please note that the refunded amount may differ from the amount you were charged due to other fees, and we will not be responsible for any differences arising from other fees charged to you. After the refund period, the fees you have paid are non-refundable and cannot be canceled. However, if we find that the cancellation of service by the user was reported in bad faith or with illegal conduct to avoid paying for services already received, we reserve the right to charge that user for the services already received as permitted by law.
Note: Some services purchased directly or through our services may be non-refundable. It is your responsibility to check whether you can cancel the service before purchasing that service. We will not refund for paid services, applications, or non-refundable third-party services.
5.5 Chargeback
Whenever we encounter a record of payment denial, chargeback, or fee dispute in our account from you (“Payment Denial”), such actions will be considered a violation of the terms under which you are required to make payments as stated in these terms and conditions of use, which may result in the automatic suspension or cancellation of your use of our services.
In the event of a payment denial, your user account may be suspended without the option to repurchase, and the information in that user account may also be canceled
You will not be able to use our services again until you re-subscribe and pay all related fees in full, including fees and costs that we incur due to the payment denial, as well as fees for our services provided before the payment denial, and any penalties and management fees.
We reserve the right to provide any information or documents to credit card companies or relevant financial institutions to prove that the user involved in the payment denial had authorized the transaction and had used our services.
6. Cancellation
6.1. User Cancellation
You have the right to terminate and submit a request to cancel your user account and/or our services at any time, following the procedure outlined in our services, which will take effect immediately once you have completed the cancellation process for our services, and this will be considered the last day of the membership period for which you are required to pay for those services.
The cancellation process may take several days. Therefore, to avoid automatic renewal and any associated charges, you should submit a cancellation request at least 14 days before the current service period ends.
You can cancel your account or service at any time, and once we begin processing your cancellation request, we will not charge you for any additional service renewals.
6.2. Cancellation by ADDTOCRAFT
If you do not comply with any of the terms and conditions of this agreement and/or fail to pay any fees, we reserve the right to temporarily suspend the service until full payment is made or to cancel your user account and platform, or certain offered features.
In such cases, you acknowledge and agree to the temporary suspension and termination mentioned above, and understand that we are not liable to you for such suspension and termination of services.
6.3. Loss of Data, Content, and Capacity
If your user account or any of our services is canceled, whether at your request or at our discretion, you understand and agree that this process may result in the loss of certain content, features, or access to some services of your user account, including user-generated content, consumer data, or other usage information contained therein. We are not responsible for such losses or for backing up your user account data, user-generated content, or consumer data in any way. However, there may be additional fees for reactivating your user account and/or our services after cancellation, at our discretion.
After your user account or user platform is closed, we reserve the right to delete all data in accordance with normal procedures. You understand and agree that after your user account or user platform is closed, the data will not be recoverable.
7. E-Commerce
7.1 General
Our services will include certain features that allow you to sell products, content, media, and services through the user platform (“User Products” and together with our services referred to as “E-Commerce”).
You are solely responsible for the user products and activities related to E-Commerce, including promotions and content related to your user platform, and you must comply with applicable laws. We only provide a platform for you to manage your E-Commerce activities online. We have no involvement in any relationship and/or transactions with buyers of the products or individuals who may purchase your user products.
If anyone purchases your user products, the payment process will be handled by ADDTOCRAFT Payments or a third-party payment service provider (“Payment Provider”).
7.2. Payment Provider
You acknowledge and agree that ADDTOCRAFT Payments is your payment provider.
The ADDTOCRAFT Payments account will be subject to the terms of service of ADDTOCRAFT Payments. Please read this user agreement before launching your website and accepting payments.
Payments processed by other payment service providers will be subject to the terms of use of that payment service provider. We are not a party to the relationship between you and the payment service provider, and you are solely responsible for all legal relationships with each of those payment service providers or for the actions of those payment service providers.
We may suspend or terminate access, or remove you from your user account, user platform, and/or our services, or any payment service provider, whether all or part of your user account and/or user platform, at any time, without liability to you or any end users.
7.3 E-Commerce Acknowledgments and Warranty
If you agree to use our E-Commerce features, we will consider you to acknowledge, warrant, and agree that
(a) you will be solely responsible for all taxes and fees of any kind related to your E-Commerce activities, including taxes related to the purchase or sale of users’ goods, and for collecting, reporting, and providing accurate information to the authorities, and/or notifying your consumers accordingly, including issuing invoices correctly as required by law.
Any taxes specified in the E-Commerce features we inform you of are for preliminary notification purposes only and are not to be considered as a basis for reference in any way.
(b) You are responsible for and will bear all costs associated with sourcing and delivering your users’ products, and delivering them in a safe, professional manner, in accordance with industry standards and business practices.
(c) You are solely responsible for all messages and promises made, including the responsibility for assistance, guarantees, and support related to the user’s products. Additionally, the contact information you provide on the user platform must be accurate and truthful so that users can reach out in case of inquiries, complaints, or claims of any rights.
(d) You cannot offer or sell the user’s products or notify/deliver any information, content, or substance regarding the user’s goods that may be considered harmful, counterfeit, stolen, fraudulent, embezzled, or abusive, or immoral, which are prohibited from being sold, distributed, or used, and are not in compliance with applicable laws, including those related to consumer rights, intellectual property rights, privacy rights, product safety, trade regulations, and import or export.
(e) We have the right to exercise discretion at any time to temporarily suspend services, restrict access, or delete your user platform and/or any user’s products, whether they have been incorporated, published, or modified as part of your user platform at that time, without liability for any damages to you or any consumers, including any consequential damages.
8. Video Services
You can access our video services (e.g., ADDTOCRAFT Video) on the user platform (“Video Services”) so that we can manage the videos.
The use of video services for your user platform requires you to obtain a license to use certain patents beforehand (“License”). It is solely your responsibility to determine whether your activities require a license and to apply for the license yourself.
However, you are responsible for indemnifying us under Section 14 of these terms and conditions for any consequences arising from or related to the infringement of rights and/or the misuse of shared patent rights.
9. Misconduct and Intellectual Property
9.1 Misconduct and Abuse
When you use our services, you may gain access to user-generated content or third-party services from various sources that may be inaccurate, inappropriate, or illegal. You agree to waive any rights to claims or remedies against us, whether legal or moral, in this regard.
If you believe that a user or third-party service is behaving inappropriately or misusing our services, please report (complaint) the username or the third-party service to us immediately. You agree that such complaints will not hold us liable for any damages, and we will consider and act upon complaints received from you or decline to take any action or request additional information or documentation before taking any action as we deem appropriate.
9.2 Intellectual Property
We take the protection of intellectual property and the rights of rights holders seriously and will take action against the use of intellectual property in a manner that violates applicable laws. You are responsible for ensuring that your information and content (such as images, descriptions, etc.) do not infringe on the intellectual property rights of any other party. We may remove information and content without prior notice if we are notified that you have infringed on any intellectual property that is not your own.
We have measures in place to monitor and control intellectual property infringement on our services. When an intellectual property infringement occurs, it is considered your responsibility. Therefore, you must ensure that the information and content you post do not infringe on the intellectual property rights of others.
Intellectual property infringement refers to the sale of products with registered trademarks/copyrighted content/industrial designs without authorization from the intellectual property owner.
In the event that we receive a notice regarding an intellectual property infringement related to your user account or user platform, we reserve the right to cancel the user account, disable the publication of the user platform, or delete the content as deemed appropriate without prior notice to you. In this case, you may submit a request to us with the following information:
(1) Your full name, address, phone number, and signature (either handwritten or electronic);
(2) Identification information of the content and its location before being removed;
(3) A declaration under penalty of perjury stating that the content was removed mistakenly or due to misidentification; and
(4) Other necessary information under the provisions of the law. We will use our sole discretion to determine whether your submitted request complies with legal provisions, and we reserve the right to notify the relevant authorities of the infringement.
We will review such requests through the information/documents rigorously and coordinate with the rights holders or relevant agencies to resolve the issue promptly.
To ensure a swift review process, we need to request important documents that indicate ownership or related documents, as well as information regarding the products in question that may be infringing, to support the consideration of the complaint.
You agree and acknowledge that we refer to the Intellectual Property Protection Act of Thailand. We cannot suspend products if the complaint is regarding products that are not protected by law.
10. Disclaimer of Warranties
You acknowledge and agree that you use our services at your own risk, and that our services are provided on an “as-is” and “as-available” basis, without any warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, or any other warranty permitted by law. In particular, we do not warrant or guarantee that our services (or any part, feature, or content thereof) are complete, accurate, of high quality, reliable, or safe, suitable for or usable with your own activities, devices, operating systems, browsers, software, or tools, or those of your consumers, or free from viruses, bugs, or other harmful components or limitations for programs.
We may monitor, screen, track, and/or modify user platforms and/or user-generated content at any time and for any reason deemed appropriate without prior notice.
In any case, we will not be considered a “publisher” of user-generated content, nor do we endorse or take responsibility for damages resulting from user-generated content that is uploaded, posted, published, and/or appears by users or others through our services for any party’s use, or for any loss, deletion, or damage resulting from the aforementioned, or for any loss, damage, or expenses that you or others may incur as a direct or related result of the publication, access, and/or reference to user-generated content. Furthermore, we will not be liable for errors, defamation, slander, fraud, obscenity, pornography, incitement, and/or illegal and/or infringing user-generated content that affects you or any other person.
You acknowledge that using our services and/or connecting and/or engaging with any third-party services through or in conjunction with our services carries risks, and you acknowledge that we cannot and do not guarantee any specific outcomes from use and/or interactions, and you agree to assume the risk, liability for damages, and/or any harm that may arise from and/or be related to such interactions. These risks may include the falsification of information about and/or from third-party services and/or copyrighted content, breaches of warranty and/or contract, infringement of rights, and resulting claims.
We do not recommend using our services for the posting of content/personal information and will not take care of safety, obligations, or ethical risks in terms of violations or damages related to such content.
11. Limitation of Liability
You understand and agree that we, and our affiliates or partner companies, will not be liable for any direct, indirect, incidental, consequential, or punitive damages, including but not limited to damages for loss of profits, business interruption, reputation or goodwill of the business, loss of programs or data, or any other intangible losses arising from the use or inability to use our services or information, the temporary or permanent inability to use our services or access information, deletion or damage to content or information, or failure to store any content or information, including internet errors, device errors, electrical errors, strikes, labor disputes, riots, civil unrest, labor or material shortages, fire, flood, storm, earthquake, explosion, acts of God, war, terrorism, court orders. The above limitations will always apply, regardless of whether we have been advised or should have been aware of the possibility of such damages. In jurisdictions that do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability will be limited to the maximum extent permitted by law.
12. Indemnification
In the event of a dispute, complaint, or claim for damages arising against us (including our officers, directors, shareholders, employees, companies, and representatives) or if we are sued or required to pay any damages and in cases of disputes, lawsuits, or liabilities that require payment of various damages due to
(1) your violation of any terms in these terms and conditions of use or other requirements of ours, and/or
(2) your infringement of third-party rights, including copyright, data access rights, property rights, or personal data protection rights resulting from your user platform or user-generated content, and/or your use of our services, including but not limited to the operation of our services for your own benefit, and/or
(3) any other claims from your user platform and/or user-generated content that have caused harm to third parties.
You agree to accept responsibility for indemnifying us for all damages, debts, and expenses incurred in relation to legal proceedings, legal consultant fees, and attorney fees to resolve such disputes or to fight such lawsuits completely.
13. General
13.1 Changes and Updates
We reserve the right to change, temporarily suspend, or terminate our services at any time and of any type (or any feature or pricing for that feature) and/or to cancel your access to our services (including deleting any content you created linked to our services) for any part and for any reason, and/or to change our terms and conditions of use without prior notice.
You agree that we will have no liability to you or to any third party for any modifications, changes, temporary suspensions, or termination of our services in total.
If such changes involve additional fees, we will notify you of those fees prior to making the changes. If you do not comply or refuse to pay the specified fees, we may, at our sole discretion, immediately cancel your user account or terminate our services.
13.2 Jurisdiction and Governing Law
You acknowledge and expressly agree that we have the right to enforce these terms and conditions of use against you, and these terms and conditions of use shall be governed and interpreted according to Thai law.
You understand and expressly agree to submit to the jurisdiction of Thai courts to adjudicate any legal disputes arising from these terms and conditions of use or your use of our services. If any court of competent jurisdiction finds any law or regulation that renders these terms and conditions of use unenforceable or void, such terms and conditions shall be severed from the agreement, and the remaining terms and conditions shall continue to be in effect.
13.3 Notice
We may provide you with notices in the following ways:
(1) Through our services and banners or pop-up advertisements on our website; and/or
(2) Through your user account or by other means; and/or
(3) Via email sent to the email address you provided to us; and/or
(4) By any other means, including but not limited to, messages sent to the phone number or physical address you provided to us.
We will consider our notice to you, and/or if you are a user of the dealer, the notice will be made through your dealer, as a notice that is received by the recipient and is effective immediately after we announce or send it out by the aforementioned means, unless otherwise specified in that notice.
13.4 Legal Relation
Your choice to use our services and acceptance of these terms and conditions of use does not constitute a legal relation between you and us in the nature of a business partnership, joint venture, employer-employee, company-agent, or rights holder-licensee.
13.5 Entire Agreement
These terms and conditions of use, including provisions, announcements, any other agreements, including terms regarding fees that we notify you of, shall constitute the entire agreement between you and us, and shall supersede any agreements, memoranda of understanding, contracts, terms, negotiations, representations, or warranties existing or previously used between us and you, whether written or oral, including those established by or between the representatives of each party regarding any of our services. Furthermore, you agree that you will not claim any representations, warranties, announcements, or disclosures from us prior to being bound by any of our terms and conditions of use.
13.6 Assignment
We have the right to assign our rights and/or obligations and/or transfer ownership and title of our services and/or copyrighted content to third parties without the need for your consent or prior notice.
You do not have the right to transfer any of your rights and/or obligations to any other person (“Assignee”) unless you have received written consent from us. If you do not obtain written consent from us, it shall be deemed invalid. However, the transfer of any rights and/or obligations of yours shall not be deemed as consent for you to cancel our services or services from any other party that is in effect at that time.
Therefore, the rights to access and use the user account and user platform (whether in whole or in part) under these terms of use will be transferred to the assignee, with such rights continuing to exist, and you are deemed to consent to the full and complete use of these terms of use, including but not limited to the billing and payment terms herein. Following the transfer of any of your rights and/or obligations, you agree that, upon our request, you shall provide the necessary information to ensure payment for the chargeable services that are in effect after the transfer of such rights and/or obligations.
13.7 Severability and Waiver
If any statement or agreement in these terms and conditions is invalid, incomplete, or unenforceable for any reason, you and we agree that the invalid, incomplete, or unenforceable statements and agreements shall have no effect or shall not impair the other statements and agreements that remain valid in these terms and conditions.
If either party does not exercise its rights or delays in exercising its rights under these terms and conditions, it shall not be deemed a waiver of any party’s rights, and the exercise of any rights under these terms and conditions, whether once or in part by you or us, shall not limit the exercise of any other rights or additional rights of either party.
13.8 Interpretation
The titles, headings, captions, category names, and descriptions appearing in these terms and conditions are for convenience only and do not affect the interpretation of these terms and conditions in any way, but are merely designated for clarity and convenience in understanding these terms and conditions.
To facilitate you, you can access or view the version in another language by changing the language settings on our website. In the event that any translation of these terms and conditions conflicts with the Thai language, the Thai language shall prevail and be enforced.
13.9 Customer Service Contact
To get in touch with our Customer Service please go to ADDTOCRAFT Help Center which is available at https://www.addtocraft.com
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