Accounts

Digikraft.io reserves the right to put any account on hold or permanently disable accounts due to breach of these Terms of Service and/or our Community Standards or due to any illegal or inappropriate use of the Site or services.

Violation of Digikraft.io's Terms of Service and/or our Community Standards may get your account disabled permanently.

Users with disabled accounts will not be able to sell or buy on Digikraft.io.

Users who have violated our Terms of Service and/or our Community Standards and had their account disabled may contact our Customer Support team for more information surrounding the violation and status of the account.

Users have the option to enable account Security features to protect their account from any unauthorized usage.

Users must be able to verify their account ownership through Customer Support by providing materials that prove ownership of that account.

Disputes should be handled using Digikraft.io's dispute resolution tools or by contacting Digikraft.io Customer Support.

Digikraft.io may make changes to its Terms of Service from time to time. When these changes are made, Digikraft.io will make a new copy of the terms of service available on this page.

You understand and agree that if you use Digikraft.io after the date on which the Terms of Service have changed, Digikraft.io will treat your use as acceptance of the updated Terms of Service.

Only registered users may buy and sell on Digikraft.io. Registration is free. In registering for an account, you agree to provide us with accurate, complete and updated information and must not create an account for fraudulent or misleading purposes. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Digikraft.io of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Digikraft.io cannot and will not be liable for any loss or damage arising from your failure to protect your account.

Key Terms

BLIX is a Digikraft.io product that allows users to mint their images and list them on the NFT Marketplace and other Marketplaces.

Buyers are users who purchase services on Digikraft.io.

Artists are users who offer and perform services through Commissions.

Packages are exclusive proposals that an Artist can create in response to specific requirements of a Buyer.

Orders are requests made by a Buyer to receive a Package from an Artist.

Commission Page is where the Artist can describe their Commission and the Commission’s terms, and the Buyer can purchase the Commission and create an order.

Commissions are services offered on Digikraft.io.

Order Page is where Buyers and Artists communicate with each other in connection with an ordered Commission.

Orders are the formal agreements between a Buyer and Artist after a purchase was made from the Artist’s Commission Page.

Revisions are submissions by the Artist pending acceptance from the Buyer

Royalties are the percentage of the total sales amount of any sale subsequent to the initial tokenization of a Commission that is automatically due and payable to the Artist who created such commission.

Payment Services Provider(s) are service providers that provide payment services to Buyers and Artists in connection with the Digikraft.io platform, including with respect to collection of funds from Buyers in connection with purchases, remittance and withdrawal of funds to Artists, currency exchange services in connection with payments and withdrawals in local currencies, and the holding of funds in connection with Digikraft.io Balances.

Revenue is the money that Artists earn from completed orders and can either withdraw or use to purchase on Digikraft.io, subject to these Terms.

Art Commissions is Digikraft.io’s service offering in which Buyers can be connected and place orders with digital artists to provide Commissions & Packages to be delivered separate from NFT Origination.

NFT Origination is Digikraft.io’s service offering in which Buyers can transform their Commissions & Packages into NFTs (Non-fungible tokens).

NFT Marketplace is Digikraft.io’s service offering in which visitors of the Site can purchase, list or sell NFTs.

Services

Commissions on Digikraft.io may be offered at a base starting price of $20. Some Commissions are offered at a base price of more than $20 as determined by the Artist.

Buyers pay Digikraft.io in advance to create an order, see Payment Terms.

Orders are purchased through the Place Order button found on an Artist's Commission page or through a Package.

For fees and payments please read the Payment Terms.

Artists must fulfill their orders, and may not cancel orders on a regular basis or without cause. Canceling orders will affect Artists’ reputation and status.

Users may not offer or accept payments using any method other than placing an order through Digikraft.io.

When purchasing a Commission, Buyers are granted all rights for the delivered work, unless otherwise specified by the Artist on their Commission page.

Digikraft.io retains the right to use all published delivered works for Digikraft.io marketing and promotion purposes.

We care about your privacy. You can read our Privacy Policy here.

Users undertake to comply with Digikraft.io’s Community Standards, which are a set of behavior rules and guidelines, applicable to the Digikraft.io community and marketplace in addition to these Terms of Service, as updated from time to time.

Digikraft.io is not a wallet provider, exchange, broker, financial institution, or creditor. Digikraft.io provides a peer-to-peer web3 service that helps users discover and directly interact with each other and NFTs available on public blockchains. To use our Service, you must use a third-party wallet which allows you to engage in transactions on blockchains.

Digikraft.io is not party to any agreement between any users. You bear full responsibility for verifying the identity, legitimacy, and authenticity of NFTs that you purchase from third-party Artists using the Service and we make no claims about the identity, legitimacy, functionality, or authenticity of users or NFTs (and any content associated with such NFTs) visible on the Service.

Artists

Artists create Commissions on Digikraft.io to allow Buyers to purchase their services.

Artists may also offer Packages to Buyers in addition to their Commissions.

Each Commission you sell and successfully complete, accredits your account with a revenue equal to 85% of the purchase amount.

Digikraft.io accredits Artists once an order is completed. See our "Orders" section below for a definition of a completed order.

Digikraft.io accredits Artists once an order is completed. See our "Orders" section below for a definition of a completed order.

Artists may not promote their Commissions or any Digikraft.io content via the Google Ads platform. For security concerns, Digikraft.io may temporarily disable an Artist's ability to withdraw revenue to prevent fraudulent or illicit activity. This may come as a result of security issues, improper behavior reported by other users, or associating multiple Digikraft.io accounts to a single withdrawal provider. When a Buyer orders a Commission, the Artist is notified by email as well as notifications on the site while logged into the account.

Artists are required to meet the delivery time they specified when creating their Commissions. Failing to do so will allow the Buyer to cancel the Order when an Order is marked as late and may harm the Artist's status.

Artists must send completed files and/or proof of work using the Post Revision button (located on the Order page) to mark the Order as Delivered.

If the Commission is not submitted within 5 days of the requested time frame of the Buyer, the Buyer will be refunded.

Artists must deliver completed files and/or proof of work using the Post Revision button (located on the Order page) according to the service that was purchased and advertised on their Commission.

The Post Revision button may not be abused by Artists to circumvent Order guidelines described in these Terms of Service. Using the “Post Revision” button when an Order is not fulfilled may result in a cancellation of that Order after review and result in a warning to Artist.

An Order is marked as Complete after the Buyer accepts the Revision. An Order will be automatically marked as Complete if not accepted and no request for revision was submitted within 5 days after the Order was marked as Delivered.

Commissions

Commissions created on Digikraft.io are User Generated Content.

Commissions and/or users may be removed by Digikraft.io from the Site for violations of these Terms of Service and/or our Community Standards, which may include (but are not limited to) the following violations and/or materials:

• Illegal or Fraudulent services
• Copyright Infringement, Trademark Infringement, and violation of a third party's terms of service reported through our Intellectual Property Claims Policy found here.
• Intentional copies of Commissions
• Spam, nonsense, or violent or deceptive Commissions
• Commissions misleading to Buyers or others
• Exceedingly low quality Commissions
• Promoting Digikraft.io and/or Digikraft.io Commissions through activities that are prohibited by any laws, regulations, and/or third parties' terms of service, as well as through any marketing activity that negatively affects our relationships with our users or partners.

Commissions that are removed for violations mentioned above, may result in the suspension of the Artist’s account.

Commissions that are removed for violations are not eligible to be restored or edited.

Commissions may be removed from our Search feature due to poor performance and/or user misconduct.

Commissions may include pre-approved website URLs contained within the Commission description and requirements box. Commissions containing websites promoting content, which violates Digikraft.io’s Terms of Service and/or our Community Standards, will be removed.

Statements on the Commission Page that undermine or circumvent these Terms of Service are prohibited.

Artists agree that the successful payment of Royalties shall in no way be guaranteed in any capacity by Digikraft.io. By using the Service, Artists acknowledge that the payment of Royalties is contingent upon third-party factors and rapid developments in the blockchain and tokenization space, and that many third-party platforms may not support the payment of Royalties. Artists shall make no claim for the non-receipt of Royalties for any reason other than Digikraft.io retaining Royalties fraudulently or in bad-faith. Digikraft.io makes no warranties or representations regarding the payment of Royalties on any third-party marketplace for the buying and selling of NFTs or other blockchain technology. Digikraft.io is not responsible, and the Artist shall make no claim against Digikraft.io for any proceeds, expressly including Royalties, to be received by the Artist or any other user on any subsequent sale of after the tokenization of a Commission.

Buyers

Buyers may not offer direct payments to Artists using payment systems outside of the Digikraft.io platform.

Buyers are responsible for scanning all transferred files for viruses and malware. Digikraft.io will not be held responsible for any damages which might occur due to site usage, use of content or files transferred. Buyers may request for revisions according to the terms set in the package from the Artist if the delivered materials do not match the Artist's description on their Commission page or they do not match the requirements sent to the Artist at the beginning of the order process.

Withholding the delivery of services, files, or information required to complete the Commission’s service with the intent to gain favorable reviews or additional services is prohibited.

Buyers have the option to leave a ‘like’ on the Artist’s page after any successful transaction.

The Artist sets the prices for additional revisions in the original Package, and the Buyer may opt to request additional revisions at that aforementioned expense.

Digikraft.io retains the right to use all published delivered works for Digikraft.io marketing and promotional purposes.

Once payment is confirmed, your order will be created and given a unique Digikraft.io order number (DO). Buyers are allowed the opportunity to cancel an Order unilaterally if the Artist does not complete the specified Order within the advertised time frame.

Purchasing

Please refer to the Payment Terms for making Payments through the Digikraft.io platform and to learn about fees and taxes.

In addition, Buyers can request an Order which addresses specific Buyer requirements, and receive a Package from Artists through the site.

You may not offer Artists to pay, or make payment using any method other than through the Digikraft.io site. In case you have been asked to use an alternative payment method, please report it immediately to Customer Support here.

Disputes and Cancellations

We encourage our Buyers and Artists to try and settle conflicts amongst themselves. If for any reason this fails or if you encounter non-permitted usage on the Site, users can contact Digikraft.io's Customer Support department for assistance here. For more information about disputes, Order cancellations and refunds please refer to the Payment Terms.

Users are to refrain from spamming or soliciting previous Buyers or Artists to pursue removing/modifying reviews or canceling orders that do not align on Order Cancellation or Feedback policies.

Conduct

Digikraft.io allows users to create, sell, share and buy NFTs and art regardless of geographic location. The Digikraft.io community can engage with each other through orders on the Site, social media or on any related community forum.

Digikraft.io maintains a professional environment, while at the same time creating a conducive culture for engagement and community building. All users should strive to maintain such a culture on any Digikraft.io related platform. The following section covers the conduct that is expected of users when interacting or engaging with each other. To report a violation of our Terms of Service and/or our Community Standards, User Misconduct, or inquiries regarding your account, please contact our Customer Support team at [email protected]

Any necessary exchange of personal information required to continue a service may be exchanged within the Order Page.

Digikraft.io does not provide any guarantee of the level of service offered to Buyers. You may use the dispute resolution tools provided to you in the Order Page.

Digikraft.io does not provide protection for users who interact outside of the Digikraft.io platform.

All information and file exchanges must be performed exclusively on Digikraft.io's platform.

Rude, abusive, improper language, or violent messages will not be tolerated and may result in an account warning or the suspension/removal of your account.

Digikraft.io is open to everyone. You undertake not to discriminate against any other user based on gender, race, age, religious affiliation, sexual orientation or otherwise and you acknowledge that such discrimination may result in the suspension/removal of your account.

Users may not submit proposals or solicit parties introduced through Digikraft.io to contract, engage with, or pay outside of Digikraft.io.

Users bear full responsibility for verifying the authenticity, legitimacy, identity, and other details about any NFT, collection, or account that you view or otherwise interact with in conjunction with our Service. We make no guarantees or promises about the identity, legitimacy, or authenticity of any NFT, collection, or account on the Service.

Commissions

Users may report Commissions to Customer Support that may be in violation of Digikraft.io’s Terms of Service based on the reported Commission’s replicated similarity to pre-existing services (copycat Commissions).

Artists warrant that any content included in their Commissions shall be original work conceived by the Artists and shall not infringe any third party rights, including, without limitation, copyrights, trademarks or service marks. In the event that certain music or stock-footage media are incorporated within the Commissions, Artists represent and warrant that they hold a valid license to use such music and/or footage and to include them in the Commissions.

Digikraft.io will respond to clear and complete notices of alleged copyright or trademark infringement. Our Intellectual Property claims procedures can be reviewed here.

Violations

Users may receive a warning to their account for violations of our Terms of Service and/or our Community Standards or any user misconduct reported to our Trust and Safety team. A warning will be sent to the user's email address and will be displayed for such user on the Site. Warnings do not limit account activity, but can lead to your account losing Artist statuses or becoming permanently disabled based on the severity of the violation.

If you come across any content that may violate our Terms of Service and/or our Community Standards, you should report it to us through the appropriate channels created to handle those issues as outlined in our Terms of Service. All cases are reviewed by our Trust & Safety team. To protect individual privacy, the results of the investigation are not shared. You can review our Privacy Policy for more information.

Non-Permitted Usage

Adult Services & Pornography - Digikraft.io does not allow any exchange of pornographic materials and services.

Inappropriate Behavior & Language - Communication on Digikraft.io should be friendly, constructive, and professional. Digikraft.io condemns bullying, harassment, and hate speech towards others. We allow users a medium for which messages are exchanged between individuals and to engage on larger platforms such as our Community Forum and Social Media pages.

Phishing and Spam - Members’ security is a top priority. Any attempts to publish or send malicious content with the intent to compromise another member’s account or computer environment is strictly prohibited. Please respect our members' privacy by not contacting them with offers, questions, suggestions or anything which is not directly related to their Commissions or orders.

Privacy & Identity - You may not publish or post other people's private and confidential information. Any exchange of personal information required for the completion of a service must be provided in the Order Page. Artists further confirm that whatever information they receive from the Buyer, which is not public domain, shall not be used for any purpose whatsoever other than for the delivery of the work to the Buyer. Any users who engage and communicate off of Digikraft.io will not be protected by our Terms of Service.

Authentic Digikraft.io Profile - You may not create a false identity on Digikraft.io, misrepresent your identity, create a Digikraft.io profile for anyone other than yourself (a real person), or use or attempt to use another user’s account or information; Your profile information, including your description, skills, location, etc., while may be kept anonymous, must be accurate and complete and may not be misleading, illegal, offensive or otherwise harmful. Digikraft.io reserves the right to require users to go through a verification process in order to use the Site (whether by using ID, phone, camera, etc.).

Intellectual Property Claims - Digikraft.io will respond to clear and complete notices of alleged copyright or trademark infringement, and/or violation of third party’s terms of service. Our Intellectual Property claims procedures can be reviewed here.

Fraud / Unlawful Use - You may not use Digikraft.io for any unlawful purposes or to conduct illegal activities.

Abuse and Spam

Multiple Accounts - To prevent fraud and abuse, users are limited to one active Digikraft.io account. Any additional account determined to be created to circumvent guidelines, promote competitive advantages, or mislead the Digikraft.io community will be disabled. Mass account creation may result in disabling of all related accounts. Note: any violation of Digikraft.io’s Terms of Service and/or our Community Standards is a cause for permanent suspension of all accounts.

Targeted Abuse - We do not tolerate users who engage in targeted abuse or harassment towards other users on Digikraft.io. This includes creating new multiple accounts to harass members through our message or ordering system.

Selling Accounts - You may not buy or sell Digikraft.io accounts.

Proprietary Restrictions

The Site, including its general layout, look and feel, design, information, content and other materials available thereon, is exclusively owned by Digikraft.io and protected by copyright, trademark, and other intellectual property laws. Digikraft.io is a trademark owned exclusively by Digikraft.io. Users have no right, and specifically agree not to do the following with respect to the Site or any part, component or extension of the Site (including its mobile applications): (i) copy, transfer, adapt, modify, distribute, transmit, display, create derivative works, publish or reproduce it, in any manner; (ii) reverse assemble, decompile, reverse engineer or otherwise attempt to derive its source code, underlying ideas, algorithms, structure or organization; (iii) remove any copyright notice, identification or any other proprietary notices; (iv) use automation software (bots), hacks, modifications (mods) or any other unauthorized third-party software designed to modify the Site; (v) attempt to gain unauthorized access to, interfere with, damage or disrupt the Site or the computer systems or networks connected to the Site; (vi) circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Site; (vii) use any robot, spider, crawlers or other automatic device, process, software or queries that intercepts, “mines,” scrapes or otherwise accesses the Site to monitor, extract, copy or collect information or data from or through the Site, or engage in any manual process to do the same, (viii) introduce any viruses, trojan horses, worms, logic bombs or other materials that are malicious or technologically harmful into our systems, (ix) use the Site in any manner that could damage, disable, overburden or impair the Site, or interfere with any other users’ enjoyment of the Site or (x) access or use the Site in any way not expressly permitted by these Terms of Service. Users also agree not to permit or authorize anyone else to do any of the foregoing.

Except for the limited right to use the Site according to these Terms of Service, Digikraft.io owns all right, title and interest in and to the Site (including any and all intellectual property rights therein) and you agree not to take any action(s) inconsistent with such ownership interests. We reserve all rights in connection with the Site and its content (other than UGC) including, without limitation, the exclusive right to create derivative works.

Feedback Rights

To the extent that you provide Digikraft.io with any comments, suggestions or other feedback regarding the Digikraft.io platform or the Site as a whole, as well as other Digikraft.io products or services (collective, the “Feedback”), you will be deemed to have granted Digikraft.io an exclusive, royalty-free, fully paid up, perpetual, irrevocable, worldwide ownership rights in the Feedback. Digikraft.io is under no obligation to implement any Feedback it may receive from users.

Confidentiality

Artists should recognize that there might be a need for Buyers to disclose certain confidential information to be used by Artists for the purpose of delivering the ordered work, and to protect such confidential information from unauthorized use and disclosure. Therefore, Artists agree to treat any information received from Buyers as highly sensitive, top secret and classified material. Without derogating from the generality of the above, Artists specifically agree to (i) maintain all such information in strict confidence; (ii) not disclose the information to any third parties; (iii) not use the information for any purpose except for delivering the ordered work; and (vi) not to copy or reproduce any of the information without the Buyer’s permission.

User Generated Content

User Generated Content ("UGC") refers to the content added by users as opposed to content created by the Site. All content uploaded to Digikraft.io by our users (Buyers and Artists) and the users of BLIX is User Generated Content. Digikraft.io does not check user uploaded/created content for appropriateness, violations of copyright, trademarks, other rights or violations and the user uploading/creating such content shall be solely responsible for it and the consequences of using, disclosing, storing, or transmitting it. By uploading to, or creating content on, the Digikraft.io platform, you represent and warrant that you own or have obtained all rights, licenses, consents, permissions, power and/or authority, necessary to use and/or upload such content and that such content or the use thereof in the Site does not and shall not (a) infringe or violate any intellectual property, proprietary or privacy, data protection or publicity rights of any third party; (b) violate any applicable local, state, federal and international laws, regulations and conventions; and/or (c) violate any of your or third party’s policies and/or terms of service. We invite everyone to report violations together with proof of ownership as appropriate. Reported violating content may be removed or disabled.

Furthermore, Digikraft.io is not responsible for the content, quality or the level of service provided by the Artists. We provide no warranty with respect to the Commissions, their delivery, any communications between Buyers and Artists.

By offering a service, the Artist undertakes that he/she has sufficient permissions, rights and/or licenses to provide, sell or resell the service that is offered on Digikraft.io. Artists advertising online their Commission must comply with laws and terms of service of the advertising platform or relevant website used to advertise. Failing to do so may result in removal of the Commission as applicable, and may lead to the suspension of Artist's account.

For specific terms related to Intellectual Property rights and for reporting claims of copyright infringement (DMCA notices) or trademark infringement - please see our Intellectual Property Claims Policy which forms an integral part of these Terms of Service. Note that it is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

Ownership

When purchasing a Commission on Digikraft.io, unless clearly stated otherwise on the Artist's Commission page/description, when the work is delivered, and subject to payment, the Buyer is granted all intellectual property rights, including but not limited to, copyright in the work delivered from the Artist, and the Artist waives any and all moral rights therein. Accordingly, the Artist expressly assigns to the Buyer the copyright in the delivered work. All transfer and assignment of intellectual property to the Buyer shall be subject to full payment for the Commission, and the delivery may not be used if payment is canceled for any reason. For removal of doubt, in custom created work, the delivered work and its copyright shall be the exclusive property of the Buyer and, upon delivery, the Artist agrees that it thereby, pursuant to these Terms of Service, assigns all right, title and interest in and to the delivered work to the Buyer.

Notwithstanding anything to the contrary contained herein, any Royalties or royalty structure collected by the Artist through any subsequent resales of a Commission shall not confer and shall not be deemed to confer any equity or ownership in such Commission to such Artist, provided that full payment for such Commission has been made.

Furthermore, users (both Buyers and Artists) agree that unless they explicitly indicate otherwise, the content users voluntarily create/upload to Digikraft.io, including Commission texts, photos, videos, usernames, user photos, user videos and any other information, including the display of delivered work, may be used by Digikraft.io for no consideration for marketing and/or other purposes.

Disclaimer of Warranties

THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER DIGIKRAFT.IO NOR ANY PERSON ASSOCIATED WITH DIGIKRAFT.IO MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Assumption of Risk

You accept and acknowledge: The value of an NFTs is subjective. Prices of NFTs are subject to volatility and fluctuations in the price of cryptocurrency can also materially and adversely affect NFT prices. You acknowledge that you fully understand this subjectivity and volatility and that you may lose money. A lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the development of those ecosystems and related applications, and could therefore also negatively impact the potential utility of NFTs. The regulatory regime governing blockchain technologies, non-fungible tokens, cryptocurrency, and other crypto-based items is uncertain, and new regulations or policies may materially adversely affect the development of the Service and the utility of NFTs. You are solely responsible for determining what, if any, taxes apply to your transactions. Digikraft.io is not responsible for determining the taxes that apply to your NFTs. There are risks associated with purchasing items associated with content created by third parties through peer-to-peer transactions, including but not limited to, the risk of purchasing counterfeit items, mislabeled items, items that are vulnerable to metadata decay, items on smart contracts with bugs, and items that may become untransferable. You represent and warrant that you have done sufficient research before making any decisions to sell, obtain, transfer, or otherwise interact with any NFTs or accounts/collections. We do not control the public blockchains that you are interacting with and we do not control certain smart contracts and protocols that may be integral to your ability to complete transactions on these public blockchains. Additionally, blockchain transactions are irreversible and Digikraft.io has no ability to reverse any transactions on the blockchain. There are risks associated with using Internet and blockchain based products, including, but not limited to, the risk associated with hardware, software, and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to your third-party wallet or Account. You accept and acknowledge that Digikraft.io will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Service or any Blockchain network, however caused. The Service relies on third-party platforms and/or vendors. If we are unable to maintain a good relationship with such platform providers and/or vendors; if the terms and conditions or pricing of such platform providers and/or vendors change; if we violate or cannot comply with the terms and conditions of such platforms and/or vendors; or if any of such platforms and/or vendors loses market share or falls out of favor or is unavailable for a prolonged period of time, access to and use of the Service will suffer. Digikraft.io reserves the right to hide collections, contracts, and items affected by any of these issues or by other issues. Items you purchase may become inaccessible on Digikraft.io. Under no circumstances shall the inability to view items on Digikraft.io or an inability to use the Service in conjunction with the purchase, sale, or transfer of items available on any blockchains serve as grounds for a claim against Digikraft.io. If you have a dispute with one or more users, YOU RELEASE US FROM CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IN ENTERING INTO THIS RELEASE YOU EXPRESSLY WAIVE ANY PROTECTIONS (WHETHER STATUTORY OR OTHERWISE) THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF AGREEING TO THIS RELEASE.

Limitation on Liability

IN NO EVENT WILL DIGIKRAFT.IO, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

The term “Affiliate” referred to herein, is an entity that, directly or indirectly, controls, or is under the control of, or is under common control with Digikraft.io, where control means having more than fifty percent (50%) voting stock or other ownership interest or the majority of voting rights of such entity.

Our Legal Basis for Using Your Information

Where relevant under applicable laws, all processing of your personal information will be justified by a "lawful ground" for processing. In the majority of cases, processing will be justified on the basis that:

• You have provided your consent for us to use your personal information for a specific purpose;
• Our use of your personal information is necessary to perform a contract or take steps to enter into a contract with you (e.g. to provide you with services which you have purchased);
• The processing is necessary to comply with a relevant legal obligation or regulatory obligation that we have (e.g. fraud prevention); or
• The processing is necessary to support our legitimate interests as a business (e.g. to improve our services to you), subject to your interests and fundamental rights and provided it is conducted at all times in a way that is proportionate.

What data is collected about you and for what reasons?

We collect information while you access, browse, view or otherwise use the Site. In other words, when you access the Site we collect personal information on your usage of the Site, including transactions and communications with other users through the Site, your searches, the pages you visited, as well as other actions on Site. We also collect, use and process the information relating to such usage, including geo-location information, IP address, device and connection information, browser information and web-log information, and the URLs of the web pages you’ve viewed or engaged with before or after using the Site. We also collect and process information relating to the use of cookies and similar technologies, as detailed below. We use that information to provide you our services, enhance user experience, personalize your browsing experience as well as monitor the Site for preventing fraud and inappropriate content or behavior.

Third-Party Wallets: To use our Service, you must use a third-party wallet which allows you to engage in transactions on public blockchains. Your interactions with any third-party wallet provider are governed by the applicable terms of service and privacy policy of that third party.

We combine your personal information with information we collect automatically or obtain from other companies and use it for the purposes detailed in this Policy.

How We Use Collected Information

We will use your personal information for the following purposes:

• to provide you with quality service and security, to operate the Site, to perform our obligations to you and to develop and improve our service. For example, we use personal information to verify your identity. We also use this information to establish and set up your account, verify or re-issue a password, log your activity, enable your communications with other members, provide customer support and contact you from time to time. The information helps us to develop and improve our services, to understand and analyze our performance as well as your preferences and performance and to customize and personalize our service and enhance your experience (including by making Commission suggestions, ranking search results, etc.).
• to ensure marketplace integrity, prevent fraud and maintain a safe and secure marketplace and services. For example, we use personal information to monitor, track and prevent fraudulent activities and other inappropriate activities, monitor content integrity, conduct security investigations and risk assessments, verify or authenticate information provided by you, enforce our Terms of Service and comply with applicable laws. We conduct certain behavioral analytics to achieve the above objectives and in limited cases, if we detect activity that we think poses a risk to the Digikraft.io marketplace, other users, our community, or third parties, automated processes may restrict or limit your ability to use Digikraft.io. If you would like to challenge any such decision, please contact us at [email protected]
• to contact you, as requested by you or as otherwise approved by you or permitted according to this Policy.
• to promote and advertise the Site, our services and the Digikraft.io marketplace. For example, we use the information collected from you for the purpose of sending direct marketing messages (as detailed below), to show you information that may be of interest to you, to organize and facilitate referral programs, contests or other promotional activities or events.
• to maintain appropriate business records, to comply with lawful requests by public authorities and to comply with applicable laws and regulations or as otherwise required by law.

We will ask for your consent before using information for a purpose other than those set out in this Policy. Direct marketing:

• We use your personal information to send you direct marketing communications about our products, services or promotions from Digikraft.io that may be of interest to you or our related services. This may be via email, post, SMS, telephone or targeted online advertisements.
• Our processing of your personal information for marketing purposes is based on our legitimate interest, or on your consent, or as otherwise permitted according to applicable laws. You have a right to prevent direct marketing of any form at any time - this can be exercised by following the opt-out link attached to each communication or by sending an email to [email protected]
• We take steps to limit direct marketing to a reasonable and proportionate level, and to send you communications which we believe may be of interest or relevance to you, based on the information we have about you.

We apply a general rule of keeping personal information only for as long as is required to fulfill the purpose for which it was collected. However, in some circumstances, we will retain your personal information for longer periods of time. We will retain personal information for the following purposes:

• as long as it is necessary and relevant for our operations, e.g. so that we have an accurate record of your dealings with us in the event of any complaints or challenge; and
• in relation to personal information from closed accounts to comply with applicable laws, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigation, enforce our Site terms and take other actions as permitted by law.
• In no case shall the retention of any data exceed 3 years from the date of collection.

All data provided if with your consent. You have the option of revoking such consent or removing your data: Just email [email protected] and make a request for deletion of your user data/personal information. We will respond to your request within 48 business hours. Please make your request as specific as possible.

Legal Rights

Regardless of any choices you make regarding your Personal Data (as described below), Digikraft.io may disclose Personal Data if it believes in good faith that such disclosure is necessary: (a) in connection with any legal investigation; (b) to comply with relevant laws or to respond to subpoenas, warrants, or other legal process served on Digikraft.io; and/or (c) to investigate or assist in preventing any violation or potential violation of the law, this Privacy Policy, or our Terms of Service.

Minors

This Site is offered and available to users who are at least 18 years of age or older and of legal age to form a binding contract. Minors under 18 and at least 13 years of age, are only permitted to use the Site through an account owned by a parent or legal guardian with their appropriate permission. Minors under 13 are not permitted to use the Site or the Digikraft.io services. We do not knowingly collect personal information from children under 13. Parents and guardians should at all times supervise their children's activities. If we learn we have collected or received personal information from a child under 13, we will delete that personal information. If you believe we might have any information from or about a child under 13, please contact us at [email protected].

Sharing Personal Information with Third Parties

We share your personal information with third parties as detailed below. All third party service providers must use the same or equal protection of user data as stated in this privacy policy:

With other users and Site visitors. Once you register, your username, country, and additional information regarding your activity is made public and is visible to all users of the Site. This information includes photos you upload, your published portfolio, Commission information and additional information you may choose to add to your profile.

We also offer you the opportunity to participate and post content publicly in forums, blogs and on other similar features. Please be aware that certain information, such as your user name and profile, together with the content uploaded by you, will be publicly displayed when you use such features. Your information will also be shared with other users when you message or otherwise communicate with such users.

• When you publish your information and/or share your data with other Digikraft.io users, you do so at your own risk. If you choose to share personal information with other users, including Sellers providing you a service via Digikraft.io, such personal information is shared with other users as separate controllers. While our Terms of Service require Sellers to keep the information shared with them confidential, Digikraft.io cannot ensure that all users will do so and it is your responsibility to ensure that other users will comply with your standards.
• With Service Providers. We share personal information for business purposes with service providers that provide us with services for the purpose of operating the Site, opening and operating your account as well as providing ancillary services and solutions. These include, among others, hosting services, billing and payment processors and vendors, CRM systems, forum hosting, community management services, data and cybersecurity services, web analytics and performance tools, translation tools, IT SaaS services, session recording, communication systems, mailing systems, data optimization and marketing services, data enrichment services, legal and financial advisors or technical consultants. Consistent with applicable legal requirements, we take appropriate technical and organizational measures to require third parties to adequately safeguard your personal information and only process it in accordance with our instructions and to protect it to at least the same degree that we do;
• For legal reasons. We share personal information with law enforcement agencies, public authorities or other parties in order to respond to a subpoena or court order, judicial process or to regulatory authorities, if we believe we are required to do so by law, or that doing so is reasonably necessary to comply with legal processes; when we believe it necessary or appropriate to disclose personal information to law enforcement authorities, such as to investigate actual or suspected fraud or violations of law, breaches of security, or breaches of this Policy; to respond to claims against us; and to protect the rights, property, or personal safety of Digikraft.io, our customers, or the public;
• For payments and fraud detection. We share personal information with payment processors, fraud detection agencies and similar third parties for the purpose of facilitating payments done via the Site and securing the Site and protecting it against fraud, unauthorized transactions (such as money laundering), claims or other liabilities;
• With social media partners. Our Site includes certain social media features, including single sign on features. We also share limited personal information with such social media platforms and marketing partners, such as Facebook and Google, to promote our services or the Digikraft.io marketplace. Such features and third party services collect certain information about you and may set a cookie to enable their functionality. Such third parties’ features are governed by their policies.
• With users with whom you interact. We share personal information to help facilitate interactions between users. For example, if you are a Buyer we may share certain limited information about you (such as the fact it is your first purchase on Digikraft.io) with the Seller to ensure the services you receive from the Seller will fit your needs; such sharing of information is limited in scope, and is only intended to improve the services provided by the Seller and your user experience;
• With our corporate affiliates. We share personal information with Digikraft.io’s corporate affiliates that are related by common control for the purpose of operating the Site, providing our services to you and for other purposes listed herein; and

In the context of a corporate transaction. Personal information will also be disclosed if we go through a business transition such as a merger, sale, transfer of all or a portion of Digikraft.io's assets, acquisition, bankruptcy or similar event. In the event that we sell any business or assets, we will disclose your data to the prospective buyer. If we or substantially all of our assets are acquired by a third party, information held by us about our users will be one of the transferred assets.

Where We Store Your Information

Some of the personal information you provide to us will be stored or processed on our behalf by third party suppliers and data processors and may be located in other jurisdictions, such as the United States, whose laws may differ from the jurisdiction in which you live. Whether to third parties or internally, there are also transfers of personal information from the European Economic Area (“EEA”) to countries outside of the EEA not deemed to provide an adequate level of data protection from a European data protection perspective, such as the United States. With regard to data transfers to such recipients outside of the EEA we provide appropriate safeguards, in particular, by way of entering into European Union (EU) standard contractual clauses as amended from time to time, and/or equivalent data transfer safeguards. We will take all steps reasonably necessary to ensure that your personal information is treated securely and in accordance with this Policy.

Cookies

We use cookies and similar technologies (such as web beacons, pixels, tags, and scripts) to improve and personalize your experience, provide our services, analyze website performance and for marketing purposes. To learn more about how we and our third party service providers use cookies and your control over these Cookies, please see our Cookie Policy.

External Links

Please note that the Site contains links to third party sites and if you navigate to a third party site from the Site, any data you provide to that site and any use of that data by the third party are not under the control of Digikraft.io and are not subject to this Policy. You should consult the privacy policies of each site you visit. This Policy applies solely to personal information collected by our Site. If you upload content, including personal information, to a social network and then tag the Site, your submission will be subject to that social network's terms of use and privacy policy, even where you post on an official Digikraft.io page on the social network. We do not have control over these terms of use and privacy policies and have not reviewed their adequacy. You should therefore review these before submitting any personal information.

Security

We implement technical and organizational measures to maintain the security of the Site, our services and personal information and in preventing unauthorized access, loss, misuse, alteration, destruction or damage to it through industry standard technologies and internal procedures. Among other things, we regularly maintain a PCI DSS (Payment Card Industry Data Security Standards) certification (with respect to payment by credit cards), as required. In addition, we contractually ensure that any third party processing your personal information equally provides for confidentiality and integrity of your data in a secure way. However, the transmission of data via the internet is not completely secure, and although we will do our best to protect your personal information, we cannot guarantee the security of your data transmitted to the Site. Once we have received your data, we will use strict procedures and security features to try to prevent unauthorized access.

Users who have registered to the Site agree to keep their password in strict confidence and not disclose such password to any third party.

Further information about our data security practices can be provided on request.

EU, EEA and UK Users

This section of the Policy applies to you if you are in the EU, the European Economic Area (EEA) or UK. The Controller (within the meaning of the EU and UK General Data Protection Regulation (“GDPR”)) for the processing of personal data as described in this Privacy policy is: Digiworks Labs HQ, Inc. and Digikraft.io, Inc. (16 CHESTNUT STREET SUITE 103B EMERSON, NEW JERSEY 07630)

Under applicable EU regulation, you have the following rights in respect of your personal information:

• to obtain information about how and on what basis your personal information is processed and to obtain a copy;
• to rectify inaccurate personal information;
• to erase your personal information in limited circumstances where (a) you believe that it is no longer necessary for us to hold your personal information; (b) we are processing your personal information on the basis of legitimate interests and you object to such processing, and we cannot demonstrate an overriding legitimate ground for the processing; (c) where you have provided your personal information to us with your consent and you wish to withdraw your consent and there is no other ground under which we can process your personal information; and (d) where you believe the personal information we hold about you is being unlawfully processed by us;
• to restrict processing of your personal information where: (a) the accuracy of the personal information is contested; (b) the processing is unlawful but you object to the erasure of the personal information; (c) we no longer require the personal information for the purposes for which it was collected, but it is required for the establishment, exercise or defense of a legal claim or (d) you have objected to us processing your personal information based on our legitimate interests and we are considering your objection;
• to object to decisions which are based solely on automated processing or profiling;
• where you have provided your personal information to us with your consent, to ask us for a copy of this data in a structured, machine-readable format and to ask us to share (port) this data to another data controller; or
• to obtain a copy of or access to safeguards under which your personal information is transferred outside of the EEA.

Under certain circumstances, you may have the right to object, on grounds relating to your particular situation, to the processing of your personal data by us and we may be required to no longer process your personal data. Moreover, if your personal data is processed for direct marketing purposes, you have the right to object at any time to the processing of personal data concerning you for such marketing, which includes profiling to the extent that it is related to such direct marketing. In this case your personal data will no longer be processed for such purposes by us.

In addition to the above, you have the right to lodge a complaint with a supervisory authority for data protection.

Please note that the right of access and the right to erasure do not constitute absolute rights and the interests of other individuals may restrict your right of access or erase in accordance with local laws. We will ask you for additional data to confirm your identity and for security purposes, before disclosing data requested by you. We reserve the right to charge a fee where permitted by law. We will decline to process requests that jeopardize the privacy of others, are extremely impractical, or would cause us to take any action that is not permissible under applicable laws. Additionally, as permitted by applicable laws, we will retain where necessary certain personal information for a limited period of time for record-keeping, accounting and fraud prevention purposes.

Specific Provisions for California Residents

This section of the Policy applies to you, if you are a California resident. During the last twelve (12) months we have collected the following categories of personal information from users:

• Information that you chose to upload or otherwise provided by you to Digikraft.io, which may include: (i) Identifiers and personal information, such as name, postal addresses, online identifiers, email addresses, passport number or driving license number, social security number; (ii) characteristics of protected classifications, such as gender; facial image; audio, electronic or similar information; (iii) professional or employment-related information; (iv)education information; (v) commercial information; (vi) Audio or other sensory information, for example if you provide audio-based services on Digikraft.io.
• Information we collect when you use Digikraft.io, including (i) Identifiers and personal information, such as online identifiers, internet protocol (IP) addresses, access device and connection information such as browser type, version, and time zone setting and browser plug-in types and versions; (ii) commercial information, including products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies; (iii) Internet or other electronic network activity information, including, but not limited to log-in and log-out time, the duration of sessions, the content uploaded and downloaded, viewed web-pages or specific content on web-pages, activity measures; (iv) Location information.
• Information that we collect or receive from third parties, such as service providers, advertisers, and third-party accounts you link with Digikraft.io, including: (i) Identifiers and personal information, such as name, online identifiers, email addresses, internet protocol (IP) addresses, access device and connection information such as browser type, version, and time zone setting and browser plug-in types and versions; (ii) Professional or employment-related information; (iii) Internet or other electronic network activity information, including, but not limited to log-in and log-out time, the duration of sessions, the content uploaded and downloaded, viewed web-pages or specific content on web-pages, activity measures; (iv)Commercial information; and (v) Location information.

Inferences drawn from any of the information identified above to create a profile about you.

We use the personal information that we collect or receive for the business purposes as described above under the Section titled “How Do We Use the Information Collected?”.

We may disclose the above listed categories of personal information to third parties for business purposes as described above under the Section titled “Sharing Personal Information with Third Parties” in the Privacy Policy. In the preceding twelve (12) months, we have disclosed all the categories of personal information detailed above for business purposes.

As previously mentioned in this Policy, we do not “sell” (as such term is defined in the CCPA) personal information.

You are entitled to the following specific rights under the CCPA, subject to certain exceptions, in relation to personal information related to you:

• You have a right to request access to the personal information we have collected about you over the past 12 months, including: (i) the categories of personal information we collect about you; (ii) the categories of sources from which the personal information is collected; (iii) the business or commercial purpose for collecting your personal information; (iv) the categories of third parties with whom we have shared your personal information; (v) the specific pieces of personal information that we have collected about you.
• You have a right to request that we delete personal information related to you that we collected from you under certain circumstances and exceptions.
• You also have a right not to be discriminated against for exercising your rights under the CCPA.
• You also have a right to submit your request via an authorized agent. If you use an authorized agent to submit a request to access or delete your personal information on your behalf, the authorized agent must: (1) be a person or business entity registered with the California Secretary of State to conduct business in California; (2) provide proof of such registration; and (3) provide documentation or other proof indicating that they are authorized to act on your behalf. We may also require you to verify your identity directly with us, and directly confirm with us that you provided the authorized agent permission to submit the request.

To make such requests, we kindly ask that you, please contact us at [email protected]

Updating Personal Information

We take steps to ensure that the personal information we collect is accurate and up to date, and we provide you with the opportunity to update your information through your account profile settings. In the event that you believe your information is in any way incorrect or inaccurate, please let us know immediately. We will make sure we investigate the matter and correct any inaccuracies as quickly as possible where necessary or give you ways to update it quickly or to delete it - unless we have to keep that information for legitimate business or legal purposes. When updating your personal information, we will ask you to verify your identity before we can act on your request. If for any reason you have a problem with deleting your personal information, please contact Digikraft.io's Customer Support and we will make reasonable efforts to delete any such information pursuant to any applicable privacy laws.

You can review and change your personal information by logging into the Site and visiting your account profile page.

If you delete your User Generated Content (“UGC”), as defined in the Digikraft.io Terms of Service, from the Site, copies of your UGC may remain viewable in cached and archived pages, or might have been copied or stored by other Site users. Proper access and use of information provided on the Site, including UGC, is governed by our Terms of Service.

Contact Us

To exercise any of your rights in connection with your personal information, we kindly ask that you contact us at [email protected].

If you have any questions (or comments) concerning this Policy, please email our team at [email protected], and we will make an effort to reply within a reasonable timeframe.

For the purposes of GDPR (Article 27), you may contact us under the following contact details: Digiworks Labs HQ, Inc. and Digikraft.io, Inc. (16 CHESTNUT STREET SUITE 103B EMERSON, NEW JERSEY 07630)

Other Disclosures. We may also disclose your Personal Data: to fulfill the purpose for which you provide it; for any other purpose disclosed by us when you provide it; or with your consent.

Your Choices Regarding Information. You have several choices regarding the use of information on our Services: Email Communications. We may periodically send you newsletters and/or emails that directly promote the use of our Service or third parties’ goods and services. When you receive newsletters or promotional communications from us, you may indicate a preference to stop receiving these communications from us by following the unsubscribe instructions provided in the email you receive or through the Notifications preferences in your Settings page. Despite these preferences, we may send you occasional transactional service-related informational communications.

If you decide at any time that you no longer wish to accept Cookies from our Service for any of the purposes described above, then you can instruct your browser, by changing its settings, to stop accepting Cookies or to prompt you before accepting a Cookie from the websites you visit. Consult your browser’s technical information. If you do not accept Cookies, however, you may not be able to use all portions of the Service or all functionality of the Service.

Data Access and Control. You can view, access, edit, or delete your Personal Data for certain aspects of the Service via your Settings page. You may also have certain additional rights: If you are a user in the European Economic Area or United Kingdom, you have certain rights under the respective European and UK General Data Protection Regulations (“GDPR”). These include the right to (i) request access and obtain a copy of your personal data; (ii) request rectification or erasure; (iii) object to or restrict the processing of your personal data; and (iv) request portability of your personal data. Additionally, if we have collected and processed your personal data with your consent, you have the right to withdraw your consent at any time.