Davincified X Program Terms & Conditions
Introduction
Welcome to the Davincified X Program (“Program”)! Our platform (“Davincified,” “we,” “us,” or “our”) empowers individuals and businesses (collectively, “you,” “your,” or “partner”) to upload and commercialize their artworks and photos. Through our service, your content can be turned into paintable art kits (“products”), which we then produce and ship directly to customers worldwide. In return, you receive commissions on sales generated through your storefront.
Your use of the Program and the Davincified website (“website”) indicates that you agree to these Terms & Conditions (the “Terms”). If you do not agree, please discontinue using our services.
For any questions, contact us at: hello@davincified.com.
1. Legal Agreement
1.1 Binding Contract
All visitors or users of the Davincified website enter a binding legal agreement under these Terms. By accessing or using the website or the Program, you acknowledge that you have read, understood, and agree to be bound by these Terms.
1.2 Revisions
We may amend these Terms from time to time. If we do, we will notify you via email (to the address registered on your account) or by posting a notice on our website. Your continued use of our services following any amendment constitutes acceptance of the new Terms.
1.3 Additional Policies
Other policies, such as our Privacy Policy and the Notice and Takedown Procedure (see Section 18), are incorporated by reference. By accepting these Terms, you also agree to these additional policies.
2. Eligibility
2.1 Age Requirement
You must be at least 18 years old to participate in the Davincified X Program. Our services are not available to individuals who do not have the legal capacity to form binding contracts.
2.2 Legal Rights to Content
You may only upload and sell content if you are the creator or have the necessary rights and licenses to use and commercialize that content.
2.3 Approval Process
All prospective partners must submit an application to join the Program. Davincified reserves the right to accept or reject applications at its sole discretion.
2.4 Account Standing
If your account has been previously terminated or removed by Davincified for violations of these Terms or suspected fraudulent activity, you may not reapply without our explicit permission.
3. Our Service
3.1 Marketplace Platform
Davincified provides an online marketplace where you can upload your artwork or photos, which we transform into painting kits. We facilitate product listing, production, order fulfillment, and customer service.
3.2 Scope of Services
- We market your products on the Davincified website.
- We facilitate payment processing from customers for your products.
- We arrange manufacturing and shipping of your products to the customer’s specified address.
- We handle customer inquiries and support related to orders or product quality.
3.3 Agent for Sales
When a customer purchases your product, Davincified acts as your agent to facilitate the sales transaction between you (the seller) and the customer (the buyer). Title and risk of loss in the products pass from you to the customer upon delivery.
3.4 No Guaranteed Results
While we strive to maintain a high-quality marketplace, we do not guarantee any particular sales volume, revenue, or user engagement.
4. Amendment to These Terms
We reserve the right to update or modify these Terms at any time. In the event of a significant change, we will notify you by email or by posting a notice on the homepage of the website. Your continued use of our services following any update indicates acceptance of the revised Terms.
5. User Accounts
5.1 Registration
You must create a password-protected account to participate in the Program. You agree to provide accurate and complete information and to keep your account information updated.
5.2 Usernames
Davincified may refuse any username that is misleading, infringes on intellectual property, or is otherwise inappropriate at our sole discretion.
5.3 Password Responsibility
You are responsible for safeguarding your password and for all activities that occur under your account. Notify Davincified immediately if you suspect unauthorized access or use of your account.
5.4 Privacy
Our Privacy Policy explains how we collect, use, and share personal information. By creating an account, you consent to the collection and use of your data as outlined therein.
6. Uploading Your Content
6.1 Ownership & Warranties
You retain all copyright and other intellectual property rights in the content you upload. By uploading, you represent and warrant that:
- You own or have full legal rights to the content, including the right to display, reproduce, and commercialize it.
- The content does not violate any law or the rights of any third party (including copyrights, trademarks, or privacy/publicity rights).
- The content is not hateful, defamatory, obscene, harassing, or otherwise objectionable.
6.2 License to Davincified
You grant Davincified a non-exclusive, worldwide, royalty-free license to use, reproduce, display, distribute, and create derivative works of your content for the purpose of producing and selling your products, and for promoting and improving the Program and our services.
6.3 Content Restrictions & Removal
We reserve the right (but have no obligation) to review, remove, or suspend any content at our sole discretion if it violates these Terms or any applicable law. Repeated violations may result in account termination.
7. Offering Your Content for Sale
7.1 Product Listings
Once your content is approved, Davincified will create product listings (e.g., painting kits featuring your artwork). We reserve the right to make adjustments for product quality, branding consistency, or policy compliance.
7.2 Pricing
Davincified sets the retail price for your products. This retail price generally includes:
- The manufacturing base cost.
- Davincified’s platform and facilitation fee.
- Your commission.
- Any applicable taxes.
We may adjust prices, run promotional discounts, or offer sales without notice.
7.3 Product Quality
While Davincified supervises the transformation of your content into painting kits, you are responsible for providing high-resolution images or artworks. If your submission does not meet minimum quality requirements, we may remove or suspend the listing.
8. Purchasing a Product
8.1 Order Placement
Users and customers can purchase products featuring your content by placing an order via the Davincified website. Payment methods may include credit cards, PayPal, or other options made available.
8.2 Shipping & Delivery
Davincified arranges for product manufacturing and shipping to the customer’s address. Shipping charges and delivery times vary based on the destination and shipping method selected at checkout.
8.3 Returns & Refunds
If a customer receives a damaged or incorrect product, Davincified’s customer service will address replacements or refunds as appropriate under our refund policies. Such returns or refunds may affect your commissions (see Section 10).
9. Damaged or Defective Products
9.1 Replacements
In cases of damaged or defective products, the customer can request a replacement by contacting Davincified Support at hello@davincified.com. Replacements or refunds are granted at Davincified’s discretion following a review of evidence (photos, order details, etc.).
9.2 Customer Responsibility
Customers are responsible for ensuring that their shipping address is accurate and for any issues arising from incorrect address details. Davincified is not liable for losses related to incorrect or incomplete address information.
10. Commissions & Payments
10.1 Commission Structure
- You earn a commission for each sale of only those products that feature your own designs/content.
- If a customer adds other Davincified or third-party products to their shopping cart—items not based on your content—you do not receive a commission on those items, even if they appear in the same transaction.
- Specific commission rates or structures will be communicated to you upon acceptance into the Program and may be revised with notice.
10.2 Payment Schedule
Commissions are typically paid monthly (e.g., around the 15th day of the month) for sales completed in the prior calendar month. If the 15th falls on a weekend or holiday, payment may be processed on the next business day.
10.3 Thresholds & Methods
A minimum payout threshold may apply. If your earned commissions do not meet the threshold, they will roll over to the following month. Payment methods include PayPal or any other method Davincified offers. You must ensure your payment details are accurate.
10.4 Adjustments
If an order is refunded, canceled, or charged back, we reserve the right to deduct the associated commissions from your account. We may also withhold payouts if we suspect fraudulent or infringing activity.
10.5 Unclaimed Funds
If your payment method details are incomplete, outdated, or incorrect, and we cannot pay you, we will attempt to contact you. If we cannot resolve the issue within twelve (12) months, unclaimed funds may be forfeited or donated to a charity of our choosing, at our sole discretion.
11. Taxation Responsibility
11.1 Your Role as Seller
Each sale of a product featuring your content is, legally, a transaction between you (the seller) and the customer (the buyer). Davincified acts as your agent to facilitate this transaction, including payment collection and distribution.
11.2 Obligation to Pay Taxes
- You are responsible for paying any and all taxes (including income tax, VAT, GST, sales tax, or other transactional taxes) that arise from your participation in the Program.
- All commissions you receive from Davincified are deemed inclusive of any taxes applicable to you as the seller.
11.3 Collection by Davincified
- In jurisdictions where Davincified is obligated to collect and remit taxes on your behalf (e.g., sales tax, VAT, GST), we may withhold the required amount from the customer at checkout and remit it directly to the appropriate tax authority.
- We may also withhold or adjust commissions if required by law (e.g., certain withholding taxes).
11.4 Tax Documentation
Where required by local laws, Davincified may provide documentation of transactions for tax reporting purposes. However, you are solely responsible for filing and remitting any taxes due, and for complying with all applicable tax laws and regulations in your jurisdiction.
11.5 No Tax Advice
Davincified does not provide tax or legal advice. We recommend consulting a qualified professional to understand your specific tax obligations.
12. Excess Inventory
You grant Davincified permission to dispose of or donate any returned, refunded, or unsold inventory (including items produced for quality checks, sampling, or promotional activities) at our discretion.
13. Inappropriate Content & Intellectual Property Concerns
13.1 Reporting
We do not fully pre-screen content. If you find content that is infringing, offensive, or otherwise in violation of these Terms, please report it to hello@davincified.com. We will review and take appropriate action.
13.2 Repeat Infringers
Accounts that repeatedly violate intellectual property or other policies may be terminated at Davincified’s sole discretion.
14. User Conduct & Specific Warnings
14.1 Prohibited Conduct
You agree not to:
- Upload content you do not own or have permission to use;
- Upload malware, viruses, or any harmful code;
- Engage in fraud, misrepresentation, or deceptive practices;
- Infringe intellectual property, privacy, or other rights of third parties.
14.2 No Liability for External Factors
While we take measures to keep our website secure and operational, we cannot guarantee the website will be error-free or immune from attacks. You must take your own precautions (e.g., antivirus software) to protect your systems.
15. Intellectual Property Rights & Licensing
15.1 Davincified IP
All intellectual property in the Davincified website and services (including logos, text, graphics, software, etc.) belongs to us or is licensed to us. You may not reproduce or use our IP without express permission.
15.2 License to Customers
By creating listings, you grant each user or customer of Davincified a limited, non-exclusive license to access and view your content via the platform. They may not download, reproduce, or otherwise exploit your content outside of authorized platform functions.
16. Linked Websites
16.1 Third-Party Links
Our website may contain links to external websites for convenience. We do not control or endorse those websites, nor are we responsible for their content or privacy practices.
17. Disclaimer & Limitation of Liability
17.1 As-Is Service
The Program and the Davincified website are provided on an “as is” and “as available” basis. We make no warranties, express or implied, about the operation, reliability, or availability of our services.
17.2 No Guarantee of Earnings
We do not guarantee that you will achieve any level of sales or profits. Any statements about potential earnings are estimates only.
17.3 Limitation of Liability
To the maximum extent permitted by law, Davincified is not liable for any direct, indirect, incidental, or consequential damages arising out of or related to your use of or inability to use the Program. This includes, but is not limited to, lost profits, data loss, or business interruptions.
17.4 No Employer-Employee Relationship
Your use of the Program does not create an employer-employee, partnership, or joint venture relationship between you and Davincified, except that Davincified is your agent solely for the purpose of facilitating sales transactions (where required by law).
18. Notice and Takedown Procedure
18.1 Reporting Infringement
If you believe your copyright, trademark, or other IP rights have been infringed on our platform, please send a detailed notice to hello@davincified.com. Include:
- Identification of the works claimed to be infringed;
- Identification or link to the allegedly infringing material;
- Your contact information;
- A statement of good-faith belief that the use is not authorized;
- Your physical or electronic signature.
18.2 Counter-Notice
If your content is removed for alleged infringement, and you believe it was removed in error, you may submit a counter-notice. We will follow applicable laws regarding reinstatement or permanent removal of the content.
18.3 Termination
We reserve the right to terminate accounts that repeatedly infringe others’ intellectual property.
19. Indemnity
You agree to indemnify, defend, and hold harmless Davincified, its officers, employees, and agents from any claims, liabilities, damages, losses, or expenses (including legal fees) arising out of or in connection with:
- Your breach of these Terms;
- Your infringement or violation of any third-party right (including IP or privacy rights);
- Your activities in connection with the Program or the website.
20. Privacy Policy
20.1 Data Collection & Use
By using our website and Program, you consent to the collection and use of your personal information in accordance with our Privacy Policy.
20.2 Security
No transmission of data over the internet can be guaranteed secure. While we implement safeguards, you transmit data at your own risk, and we cannot be held liable for unauthorized access or breaches beyond our control.
21. Termination of Access
21.1 Termination by You
You may close your account at any time by emailing us at hello@davincified.com. We will terminate your access and remove or deactivate your listings as soon as reasonably practicable.
21.2 Termination by Davincified
We may suspend or terminate your account immediately for any breach of these Terms or if we suspect any fraudulent or infringing activity. We also reserve the right to terminate an inactive account after nine (9) months of no activity, and accrued commissions may be forfeited.
21.3 Consequences
Upon termination, existing product orders may still be processed, but future sales will cease. We are not liable to you or any third party for account termination. Commissions pending at the time of termination may be adjusted or forfeited depending on the reason for termination.
22. Dispute Resolution
22.1 Governing Law
These Terms are governed by and construed under the laws of Wyoming, USA, without regard to conflict-of-law principles.
22.2 Arbitration
Any dispute or claim arising out of or in connection with these Terms shall be resolved through binding arbitration conducted in Wyoming, and both parties waive the right to a jury trial or class-action proceeding.
22.3 One-Year Limitation
Any claim arising out of or related to your use of the Program must be filed within one (1) year after such claim arose; otherwise, the claim is permanently barred.
22.4 Injunctive Relief
Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect our intellectual property or other rights in any court of competent jurisdiction.
23. General
23.1 Severability
If any provision of these Terms is deemed invalid or unenforceable by a competent court, the remaining provisions will remain in full effect.
23.2 Waiver
Our failure to enforce any part of these Terms is not a waiver of our right to enforce that or any other part of these Terms in the future.
23.3 Entire Agreement
These Terms, along with any documents or policies referenced herein, form the entire agreement between you and Davincified regarding your use of the Program. They supersede any prior agreements or communications.
23.4 Assignment
You may not assign or transfer any rights or obligations under these Terms without our written consent. We may transfer or assign our rights and obligations at our discretion without restriction.
23.5 Survival
All provisions that by their nature should survive termination of these Terms will survive, including but not limited to clauses regarding intellectual property, indemnification, disclaimers, and limitation of liability.
By participating in the Davincified X Program, you acknowledge that you have read, understood, and agree to these Terms & Conditions.
For any questions, please contact us at hello@davincified.com.
Davincified X Program Team
This document was last updated on March 12, 2025.
