Terms of Service

Last Updated: November 5, 2024

Welcome to Davincified. These Terms of Service and Sale (the "Terms") govern your access to and use of davincified.com, its subdomains, applications, browser extensions, digital tools, image-generation features, accounts, rewards programs, subscriptions, products, and related services (collectively, the "Services").

Please read these Terms carefully. By accepting these Terms, creating an account, submitting content, approving an artwork preview, placing an order, enrolling in a subscription, or otherwise using the Services after these Terms are presented to you, you agree to be bound by them. If you do not agree, do not use the Services.

1. Contracting Entity, Scope, and Eligibility

1.1 Contracting Entity

These Terms are an agreement between you and DAVINCIFIED LLC, doing business as Davincified ("Davincified," "we," "us," or "our").

Our contact details are listed in Section 43.

1.2 Scope

These Terms apply to:

• Your access to and use of the Site and Services;
• Purchases of physical products, personalized products, accessories, gift cards, and digital products;
• Use of our image-generation and customization tools;
• Participation in Davincified Rewards and use of DavinciCoins;
• Enrollment in recurring subscriptions, including mystery-kit subscriptions; and
• Communications, previews, approvals, and customer-service interactions relating to the Services.

Certain programs may be governed by additional terms, including Davincified X, artist, affiliate, wholesale, print-on-demand, creator, video-content, licensing, and business-partner programs. Where additional terms are presented for a particular program, those additional terms also apply.

1.3 Eligibility

You must be at least 18 years old, or the age of legal majority in your jurisdiction if higher, to create an account, place an order, enroll in a subscription, or otherwise enter into a contract with us.

A minor may use a Product only with the permission and supervision of a parent or legal guardian and subject to all age guidance, safety warnings, and applicable law. The Site is not directed to children under 13.

1.4 Business Users

If you use the Services or place an Order on behalf of a company, organization, or other legal entity, you represent that you have authority to bind that entity. In that case, "you" includes both you and that entity.

Consumer protections that apply only to purchases for personal, family, or household use do not apply to business purchases except where applicable law provides otherwise.

2. Definitions

For purposes of these Terms:

• "Account" means a registered user account for the Services.
• "Customer Content" means photographs, images, prompts, text, names, instructions, files, and other materials you submit privately to us or through the Services.
• "Custom Product" means a Product created, printed, configured, personalized, or manufactured to your specifications, including Products based on Customer Content or an approved preview.
• "DavinciCoins" means promotional rewards points issued through Davincified Rewards.
• "Digital Output" means an image, pattern, template, preview, PDF, or other output created or delivered through a digital or image-generation feature.
• "Order" means a request to purchase one or more Products or Services.
• "Product" means a physical or digital item offered through the Services.
• "Public Content" means a review, comment, image, video, post, or other content you intentionally submit to a publicly visible area of the Services.
• "Site" means davincified.com and any Davincified-controlled subdomain, application, or browser extension.
• "Subscription" means a recurring purchase arrangement that renews automatically until canceled.

3. Additional Terms, Policies, and Order of Priority

The following may also apply and are incorporated into these Terms by reference when presented or made available to you:

• The Privacy Policy;
• The Return and Refund Policy;
• The Shipping Policy;
• The Content Policy;
• The Intellectual Property Rights Policy;
• Product-specific warnings, instructions, and warranty terms;
• Subscription disclosures presented at enrollment;
• Promotion-specific rules; and
• Terms for special programs or services.

If documents conflict, the following order of priority applies, subject to mandatory law:

1. Written Order-specific terms expressly accepted by both parties;
2. The final Order summary and approved artwork preview;
3. Product-specific warranty terms, Subscription terms, promotion rules, or special-program terms;
4. These Terms;
5. The Return and Refund Policy and Shipping Policy; and
6. Other incorporated policies.

The Privacy Policy governs our handling of personal information and is not intended to reduce any right or obligation under these Terms unless it expressly says otherwise.

4. Electronic Acceptance, Communications, and Records

4.1 Electronic Agreement

Checking an acceptance box, clicking an acceptance button, creating an Account, placing an Order, approving a preview, or enrolling in a Subscription constitutes your electronic signature and agreement to the terms presented for that transaction.

4.2 Electronic Communications

You consent to receive transactional communications electronically, including Order confirmations, receipts, artwork previews, approval requests, delivery notices, account notices, safety notices, recall communications, Subscription notices, and legal notices.

Marketing communications are governed by your marketing choices and applicable law. You may unsubscribe from marketing without affecting essential transactional or safety communications.

Where applicable law requires a separate or more specific consent to electronic records, we will request that consent separately.

4.3 Records

We may retain electronic records of your acceptance, Account activity, Orders, payment authorizations, preview approvals, Subscription enrollment, customer-service communications, and other transactions. You should download or print a copy of these Terms and retain your Order confirmations and approvals.

You are responsible for maintaining a current email address and other contact information in your Account.

5. Changes to These Terms

We may update these Terms from time to time. Updated Terms apply prospectively from the effective date stated at the top of the updated version.

The version accepted when an Order is placed ordinarily governs that Order. Material changes to an active Subscription will apply only after any notice required by applicable law. We may make changes effective immediately where reasonably necessary to comply with law, respond to a security threat, prevent fraud or abuse, or protect users or the Services.

If you do not agree to an updated version, you must stop using the affected Services and may cancel an ongoing Subscription before the change takes effect, subject to any Order already charged or in processing.

A change to the arbitration provisions will not apply retroactively to a Dispute for which either party received a valid Notice of Dispute before the change became effective.

6. Accounts and Account Security

You agree to:

• Provide accurate, current, and complete information;
• Keep your information updated;
• Maintain the confidentiality of your login credentials;
• Use only your own Account unless authorized to manage another Account;
• Notify us promptly of suspected unauthorized access; and
• Accept responsibility for activity conducted through your Account to the extent caused by your failure to safeguard it.

You may not sell, transfer, license, share, or assign your Account. You may not create multiple Accounts to evade restrictions, manipulate promotions, obtain duplicate rewards, or engage in fraud.

We may require identity, address, or payment verification. We may suspend or restrict access while investigating suspected unauthorized use, fraud, security risks, or violations of these Terms.

An Account, Account name, DavinciCoins balance, status tier, or access privilege is not transferable property and does not create a vested ownership right except where applicable law expressly provides otherwise.

7. Acceptable Use and Prohibited Conduct

You may use the Services only for lawful purposes and in accordance with these Terms. You may not, directly or indirectly:

1. Violate any law, regulation, court order, sanctions rule, or third-party right;
2. Upload or use content that infringes copyright, trademark, privacy, publicity, confidentiality, or other rights;
3. Submit unlawful, defamatory, fraudulent, threatening, exploitative, obscene, hateful, harassing, or otherwise prohibited content;
4. Upload malware, viruses, corrupted files, or harmful code;
5. Interfere with, overload, disable, disrupt, or compromise the Services or another user's access;
6. Probe, scan, test, bypass, or defeat a security, authentication, rate-limit, geographic, purchase, access, or technical restriction;
7. Access or attempt to access another person's Account, payment information, or nonpublic data;
8. Scrape, crawl, harvest, index, copy, monitor, or extract data or content through automated means, except for ordinary search-engine indexing performed in accordance with our published instructions;
9. Use bots, scripts, automated ordering tools, or multiple Accounts to obtain limited Products, promotions, rewards, or advantages;
10. Reverse engineer, decompile, disassemble, or attempt to discover source code, models, algorithms, or nonpublic technical methods, except where applicable law expressly prohibits this restriction;
11. Use Site content, Product designs, templates, data, Digital Outputs, or other materials to train, test, benchmark, or develop a commercial artificial-intelligence model or dataset without our written permission;
12. Copy, reproduce, resell, sublicense, commercially distribute, or create competing products from Site content, templates, digital files, or licensed designs without authorization;
13. Submit a knowingly false refund, nondelivery, damage, injury, defect, identity, payment, or chargeback claim;
14. Impersonate another person or falsely suggest an affiliation, endorsement, or sponsorship;
15. Collect personal information about other users without authorization;
16. Harass, threaten, abuse, or intimidate our employees, contractors, suppliers, artists, or other users;
17. Manipulate reviews, ratings, referral programs, promotions, or Rewards activity;
18. Use Digital Outputs to deceive, defraud, defame, exploit, or unlawfully impersonate another person; or
19. Encourage, assist, or enable another person to do any of the foregoing.

Our Content Policy also applies to image generation, uploads, and related features.

We may investigate suspected violations, preserve relevant evidence, restrict access, cancel affected transactions, and cooperate with lawful requests from regulators, courts, law enforcement, payment providers, carriers, and rights holders.

8. Availability and Changes to the Services

We may add, remove, modify, suspend, or discontinue Products, features, pricing, rewards, software, digital tools, or other parts of the Services at any time.

We do not guarantee that every feature, Product, design, size, color count, accessory, promotion, or delivery option will remain available. We may conduct maintenance or make changes without notice where reasonably necessary.

This Section does not permit us to retain payment for an accepted Order that we do not fulfill, except for a lawful and previously disclosed fee for completed custom work or where the failure results from your breach, fraud, or failure to provide required information.

9. Orders and Order Acceptance

9.1 Your Order Is an Offer

Submitting an Order is an offer to purchase. An automated acknowledgment confirms receipt only and does not necessarily mean that we have accepted the Order.

We may accept an Order by sending an express acceptance or production confirmation, beginning custom design work, beginning production, or shipping the Product, whichever occurs first.

9.2 Payment Authorization

By submitting an Order, you authorize us and our payment processors to charge the payment method provided for the amount disclosed at checkout, including applicable Product charges, shipping, taxes, duties collected by us, and separately authorized recurring charges.

9.3 Right to Refuse, Limit, or Cancel

Before fulfillment, we may refuse, limit, hold, or cancel an Order for reasons including:

• Product, material, component, design, or production unavailability;
• Incorrect pricing, discount, tax, shipping, or product information;
• Suspected fraud, unauthorized payment, account takeover, or chargeback abuse;
• Failure to complete payment or verification;
• Apparent resale, unauthorized commercial distribution, or purchase-limit evasion;
• Prohibited or potentially infringing Customer Content;
• Legal, sanctions, customs, safety, or regulatory concerns;
• An error in the Site, checkout, promotion, inventory, or automated system;
• Your breach of these Terms; or
• Circumstances reasonably preventing safe, lawful, or commercially practicable fulfillment.

We may impose purchase limits by customer, household, Account, payment method, address, device, region, Product, or promotion.

If we cancel an accepted Order for a reason not caused by you, we will refund the amount collected for the unfulfilled portion. If cancellation results from your breach or prohibited Customer Content after disclosed custom design work has begun, we may deduct a lawful, reasonable, and previously disclosed fee for work already completed.

10. Product Information, Pricing, and Availability

We make reasonable efforts to describe Products accurately. However, images, videos, dimensions, colors, packaging, finishes, materials, accessories, and other representations may be illustrative or approximate.

Prices, discounts, availability, and Product specifications may change before an Order is accepted. Prices do not include taxes, shipping, duties, or other charges unless expressly stated.

If we discover a material pricing, description, promotion, availability, or calculation error, we may correct it and either:

• Contact you for confirmation at the corrected terms; or
• Cancel the affected portion of the Order and issue a refund.

We are not obligated to honor an obvious or material error where enforcement would be unlawful or commercially unreasonable, but we will not charge a corrected higher amount without your authorization.

We may substitute non-material packaging or a component with one of equivalent or better function and quality where the substitution does not materially alter the Product you ordered, compromise safety, or conflict with an expressly selected option.

11. Customer Content

11.1 Ownership

You retain the rights you hold in your Customer Content. These Terms do not transfer ownership of your Customer Content to us.

11.2 Operational License

You grant DAVINCIFIED LLC, its affiliates, and its service providers a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, copy, crop, resize, enhance, adapt, convert, analyze, display privately, print, manufacture from, and otherwise process Customer Content only as reasonably necessary to:

• Provide previews and fulfill Orders;
• Operate, maintain, and troubleshoot the requested feature;
• Provide customer support and quality control;
• Detect and prevent fraud, abuse, and security incidents;
• Comply with law and safety obligations; and
• Establish, exercise, or defend legal rights.

This license lasts for as long as reasonably necessary for those purposes, including reasonable backup, fraud-prevention, tax, accounting, dispute, and legal-retention periods.

We will not use private Customer Content in public advertising merely because you uploaded it for an Order. A separate permission or another applicable agreement is required for that use.

11.3 Your Representations

You represent and warrant that:

1. You own Customer Content or have all rights and permissions necessary to submit it and authorize the uses described in these Terms;
2. Our authorized use will not infringe or violate any copyright, trademark, privacy, publicity, confidentiality, contractual, or other right;
3. You have permission from identifiable people appearing in Customer Content;
4. If a minor appears, you are the parent or legal guardian or have authorization from the parent or legal guardian;
5. Customer Content is not unlawful, exploitative, defamatory, fraudulent, threatening, or otherwise prohibited;
6. Customer Content does not contain malware or harmful code; and
7. You are not legally prohibited from providing Customer Content to us or our service providers.

11.4 Review and Rejection

We are not required to pre-screen Customer Content. We may decline, remove, restrict, or stop processing content that we reasonably believe violates these Terms, creates legal or safety risk, may infringe another person's rights, or is unsuitable for production.

Where appropriate, we may invite you to submit replacement content. We are not responsible for delays caused by prohibited, incomplete, low-quality, or disputed Customer Content.

11.5 Backups

You are responsible for retaining copies of Customer Content. The Services are not a permanent storage service.

12. Artificial-Intelligence and Image-Generation Features

12.1 Nature of Digital Outputs

Some Services may use automated or artificial-intelligence technology to create or modify Digital Outputs. Digital Outputs may be inaccurate, incomplete, unexpected, offensive, similar to outputs created for other users, or unsuitable for a particular purpose.

We do not guarantee that a Digital Output is unique, copyrightable, trademarkable, non-infringing, accurate, or eligible for registration or exclusive ownership.

12.2 Your Responsibility

You are responsible for:

• The prompts, instructions, reference files, and Customer Content you submit;
• Reviewing Digital Outputs before using, sharing, approving, or purchasing them;
• Ensuring that your use complies with law and third-party rights; and
• Obtaining any permissions required for people, brands, artwork, characters, locations, or other material represented in an output.

You may not use these features to generate or distribute prohibited content or to impersonate, deceive, defraud, exploit, harass, or infringe another person.

12.3 Output License

Subject to your compliance with these Terms and any third-party rights, we grant you a worldwide, non-exclusive, royalty-free license to use, reproduce, and modify Digital Outputs generated specifically for you for personal, non-commercial purposes.

Commercial use, resale, licensing, mass distribution, or merchandising of Digital Outputs requires our prior written permission or participation in a program whose separate terms expressly permit that use.

We retain all rights in the underlying Services, models, software, interfaces, templates, datasets, technical methods, branding, and pre-existing or licensed materials. No license transfers rights owned by a third party.

13. Custom Products and Artwork Approval

13.1 Customer Responsibility

For a Custom Product, you are responsible for the quality, resolution, orientation, composition, legality, and suitability of Customer Content and for selecting the correct Product options.

Low-resolution, dark, blurry, heavily cropped, cluttered, compressed, or otherwise unsuitable images may produce less detail or a less accurate result.

13.2 Preview Review

Where we provide an artwork preview, you must carefully review it before approval, including:

• Image selection and orientation;
• Cropping and subject placement;
• Names, spelling, and text;
• Requested size and format;
• General color scheme;
• Number and placement of visible subjects; and
• Other features reasonably visible in the preview.

Approval authorizes us to begin production. An issue that was reasonably visible in the approved preview, or that resulted directly from an instruction, option, or file you supplied, is not a manufacturing defect and ordinarily does not qualify for a free redesign, remake, cancellation, or refund, except where required by law.

Approval does not waive any right concerning product safety, a manufacturing defect, missing components, transit damage, or a material departure from the approved preview.

13.3 Preview Limitations

A preview is a digital approximation and is not an exact representation of the physical Product or the final painted result. Reasonable differences may arise from screens, printing, canvas texture, line conversion, paint batches, selected color count, and production methods.

We may make minor technical adjustments reasonably necessary to produce a usable Product, including line cleanup, number placement, sizing, and color mapping, provided that the resulting Product does not materially depart from the approved design.

13.4 Changes After Approval

Once you approve a preview, requested changes are subject to our approval, production status, availability, additional charges, and delivery delays. We are not required to stop or redo production after approval.

13.5 Delayed Approval or Information

Production and delivery estimates do not begin until we receive all required Customer Content, information, payment, and approvals.

If you do not respond to a preview or information request within 30 days, we may pause the Order. If you do not respond within 60 days, we may close the Order and refund the remaining amount paid, less a reasonable and previously disclosed design fee for work already completed, not exceeding 10% of the affected Product subtotal unless a different amount was clearly disclosed before purchase and is permitted by law.

Silence does not constitute preview approval unless you separately and expressly agree to an automatic-approval process.

14. Production Tolerances, Color, and Results

The following are not defects unless they materially impair ordinary use or cause the Product to materially depart from its description or approved preview:

• Minor differences in color, shade, brightness, or saturation;
• Minor dimensional, cutting, stretching, or manufacturing variations, including variations of a few centimeters from the stated canvas dimensions, which may occur during production and do not materially affect the Product’s intended use;
• Minor adjustments to line or number placement;
• Reasonable variation between paint, canvas, printing, wood, frame, or accessory batches;
• Reasonable cropping required by the selected aspect ratio;
• Non-material packaging changes; and
• Substitution of a component with one of equivalent or better function and quality.

Screens and photographs display colors differently. Paint appearance may also change with lighting, application thickness, drying, mixing, canvas texture, and neighboring colors.

The completed painting depends in part on the user's technique, preparation, storage, paint application, and care. We do not guarantee that a completed painting will be identical to the source image, preview, or promotional example.

References to relaxation, mindfulness, enjoyment, creativity, or similar benefits describe common intended experiences and are not medical, psychological, or therapeutic guarantees.

15. Payments, Taxes, and Verification

15.1 Payment Information

You must provide accurate, current, and complete billing and payment information and confirm that you are authorized to use the selected payment method.

Payments are processed by third-party payment providers and are subject to authorization, fraud screening, and provider terms. We may place an authorization hold, request additional verification, or delay fulfillment while verification is pending.

15.2 Taxes and Charges

You are responsible for taxes, duties, customs charges, brokerage fees, and other governmental charges unless they are expressly included or collected by us at checkout.

15.3 Failed or Reversed Payments

If a payment is declined, reversed, disputed, or remains unpaid, we may retry an authorized payment, request another payment method, suspend an Account or Subscription, pause fulfillment, cancel an Order, reverse associated rewards, or seek recovery of undisputed amounts to the extent permitted by law.

15.4 Refund Method

Refunds are ordinarily issued to the original payment method. Where that is not reasonably possible, we may issue another lawful form of refund. Processing time may depend on the payment provider or financial institution.

15.5 Chargebacks and Payment Disputes

Please contact us before initiating a payment dispute so that we have an opportunity to investigate and resolve the issue. This request does not limit any statutory, card-network, or payment-provider right.

A payment dispute does not create a right to retain both the disputed funds and a refund, replacement, reshipment, credit, or other duplicate remedy.

If we reasonably determine that a chargeback or payment dispute was knowingly fraudulent or materially misleading, we may suspend the associated Account, cancel unfulfilled Orders, reverse rewards, decline future transactions, submit relevant records to the payment provider, and seek recovery of undisputed amounts and reasonable direct costs to the extent permitted by law. This paragraph does not apply to a good-faith dispute.

16. Cancellations and Order Changes

16.1 Non-Custom Products

You may request cancellation of a non-custom Product before fulfillment begins. Cancellation is not guaranteed once processing or shipment preparation has started.

16.2 Custom Products

A Custom Product may be canceled without a production charge before custom design work begins.

After custom design work begins but before physical production begins, we may deduct a reasonable fee for work already completed, not exceeding 10% of the affected Product subtotal unless a different fee was clearly disclosed before purchase and is permitted by law.

Once physical production begins, a Custom Product cannot be canceled for change-of-mind reasons, subject to mandatory consumer rights.

16.3 Requested Changes

A requested change to size, image, color count, frame, quantity, address, delivery method, or other Order detail may be treated as a cancellation and new Order. Additional charges and delays may apply.

16.4 Cancellation by Davincified

If we cancel an accepted Order for reasons not caused by you, we will refund the amount paid for the unfulfilled portion. If cancellation results from fraud, prohibited Customer Content, your breach, or failure to provide required information after custom work begins, the treatment of completed work and fees will be governed by Sections 9 and 13 and applicable law.

17. Shipping, Delivery, and Customs

17.1 Estimates

Processing, production, and delivery dates are estimates unless we expressly state that a date is guaranteed. Customization, preview approval, peak periods, carrier disruptions, customs, weather, and events beyond our control may affect timing.

We will comply with applicable legal obligations concerning delayed shipment, cancellation options, and refunds.

17.2 Address and Delivery Information

You are responsible for providing a complete and accurate recipient name, delivery address, telephone number, email address, access instructions, and customs information.

We are not responsible for delay, return, loss, or additional cost caused by:

• An incorrect or incomplete address;
• An address change requested after processing begins;
• Failure to provide customs or carrier information;
• Refusal to pay lawful import charges;
• Failure to collect a parcel;
• Customer-authorized delivery instructions;
• Use of a freight forwarder, parcel forwarder, or reshipping service; or
• Delivery restrictions not disclosed to us.

17.3 Carriers and Split Shipments

We may select carriers and may ship an Order in multiple parcels. Split shipments do not create an additional shipping charge unless disclosed before purchase.

17.4 Delivery Evidence and Risk of Loss

For consumer purchases, title and risk of loss pass when the Product is delivered to you or to a person or location you authorized, subject to applicable law.

For business purchases, title and risk of loss pass when the Product is delivered to the carrier, unless an Order-specific agreement states otherwise.

A carrier delivery scan, signature, photograph, access record, pickup record, GPS record, or other delivery evidence may be used as evidence of delivery. To the fullest extent permitted by law, we are not responsible for theft or loss occurring after confirmed delivery to the address or location authorized by you, although we may assist with a carrier investigation.

17.5 Customs and Import Charges

Unless checkout expressly states otherwise, the recipient is responsible for import duties, brokerage charges, local taxes, customs fees, and compliance with import rules. Refusing delivery because of such charges does not automatically cancel a Custom Product Order or create a right to a full refund.

17.6 Undeliverable, Refused, or Unclaimed Parcels

If a parcel is returned because of an incorrect address, refusal, nonpayment of import charges, failure to collect, or another reason within your control, we may require payment of actual return and reshipping costs before resending it.

A personalized Product returned as refused, unclaimed, or undeliverable is not automatically refundable, subject to mandatory law.

17.7 Damaged or Missing Shipments

Contact us promptly if a parcel arrives damaged, appears tampered with, or is marked delivered but cannot be located. Prompt notice helps us preserve carrier evidence and pursue available remedies, but it does not waive a non-waivable legal right.

18. Returns, Refunds, Defects, and Express Warranties

18.1 Return Policy

The Return and Refund Policy provides additional procedures, eligibility periods, and instructions and is incorporated into these Terms.

18.2 Personalized Products

Custom Products are made specifically for the customer and are not returnable or refundable for change-of-mind reasons after production begins, except where applicable law provides otherwise.

This restriction does not apply where a Product is defective, unsafe, damaged in transit, materially different from the approved preview or description, missing a material component, or otherwise subject to a mandatory legal remedy.

18.3 Return Authorization

Eligible returns require prior authorization and must be sent according to the instructions we provide. Unauthorized, unsafe, contaminated, incomplete, or misdirected returns may be refused or delayed.

You are responsible for packaging an authorized return securely. For change-of-mind returns, we may deduct loss in value caused by handling beyond what was reasonably necessary to inspect the Product, where permitted by law.

Original and return shipping charges are nonrefundable for change-of-mind returns unless otherwise stated or required by law.

A Product clearly marked "Final Sale" before purchase is not returnable for change-of-mind reasons. Final-sale status does not eliminate remedies for a defective, unsafe, damaged, materially misdescribed, or incorrectly supplied Product.

18.4 Defective, Damaged, or Unsafe Products

If a Product may be defective, damaged, or unsafe, stop using it and contact us. We may request an Order number, photographs, packaging information, batch or lot information, and a description of the issue.

Do not return a sharp, contaminated, leaking, damaged, or otherwise hazardous Product unless we provide safe return instructions.

Depending on the circumstances and applicable law, remedies may include repair, replacement, replacement components, re-performance, refund, or another corrective action. Where law allows us to select the remedy, we may select the commercially reasonable remedy.

18.5 No Duplicate Recovery

You may not receive duplicate recovery for the same issue. A refund, replacement, reshipment, payment reversal, warranty remedy, carrier payment, or other compensation may be offset against another remedy to the extent permitted by law.

18.6 Express Warranties and Guarantees

Any express warranty or guarantee, including any Product advertised as carrying a "lifetime warranty," is governed solely by the specific written warranty terms displayed or linked with that Product or promotion. Those written warranty terms are incorporated into these Terms and control for that warranty if they conflict with a general provision here.

No oral statement or informal customer-service communication creates or expands a warranty unless an authorized Davincified representative expressly confirms the warranty change in writing for the identified Order.

18.7 Voluntary Accommodations

A voluntary refund, replacement, store credit, complimentary Product, Subscription extension, DavinciCoins credit, or other customer-service accommodation:

• Applies only to the identified matter;
• Does not amend these Terms for future transactions;
• Does not require us to provide the same accommodation in another case; and
• Does not by itself constitute an admission of fault or legal liability.

A customer-service accommodation does not settle or release a personal-injury or other legal claim unless a separate written settlement expressly says so and is agreed to by both parties.

19. Product Safety and Intended Use

Some Products contain small, sharp, fragile, chemical, or potentially hazardous components, including tacks, pins, hooks, frames, paint, varnish, glue, blades, tools, or small accessories.

You agree to:

• Read and follow all labels, warnings, age guidance, and instructions;
• Open packaging carefully and inspect the Product before use;
• Keep small and sharp components secured and away from children and pets;
• Provide responsible adult supervision where appropriate;
• Use Products only for their intended purpose;
• Avoid ingesting paint, glue, varnish, or other non-food components;
• Avoid contact with eyes and use adequate ventilation where instructed;
• Stop using a Product that is damaged, loose, leaking, improperly packaged, recalled, or otherwise appears unsafe; and
• Follow any safety notice, corrective action, or recall instruction.

Products are not toys unless expressly identified as toys. A statement that a Product is suitable for beginners does not mean it is suitable for unsupervised children.

If a Product causes an injury or appears to present a safety risk, seek appropriate medical attention where necessary and contact us at hello@davincified.com. Preserve the Product and packaging only if they can be stored safely.

Nothing in this Section excludes liability or remedies that cannot lawfully be excluded.

20. Subscriptions and Automatic Renewal

20.1 Enrollment and Authorization

Before you enroll in a Subscription, we will disclose the material terms, including the price, billing currency, billing frequency, renewal nature, included Products or benefits, and available cancellation method.

By separately enrolling, you authorize us and our payment processors to charge the disclosed Subscription amount, applicable taxes, and disclosed shipping charges at the stated frequency until you cancel or the Subscription ends.

20.2 Automatic Renewal

A Subscription automatically renews for successive billing periods unless canceled before the next billing date. The billing frequency and current price are those disclosed at enrollment or in a later valid price-change notice.

We will provide renewal reminders where required by applicable law, but you remain responsible for reviewing the billing information available in your Account or confirmation communications.

20.3 Cancellation

You may cancel through any cancellation function made available in your Account or by contacting hello@davincified.com.

Cancellation applies to future billing periods. To avoid the next charge, cancellation must be completed before the next billing date. If a charge has already been processed and the related shipment has entered processing or production, cancellation will ordinarily take effect after that shipment, unless applicable law or an Order-specific term requires otherwise.

Unless required by law or expressly stated, Subscription fees are nonrefundable once charged and the related Order has entered processing.

20.4 Price Changes

We may change a Subscription price for future billing periods. We will provide advance notice where required by law. A price increase will not apply retroactively.

If you do not agree to a price increase, cancel before the increase takes effect.

20.5 Failed Payments

If an authorized payment fails, we may retry the payment method, request another payment method, pause shipments or benefits, or cancel the Subscription.

20.6 Pausing and Skipping

If we offer pause or skip features, the rules and deadlines displayed with those features apply. Availability of a pause or skip option is not guaranteed.

20.7 Mystery Subscriptions

For a mystery-kit or surprise Subscription:

• We select the design, theme, style, and included accessories unless expressly stated otherwise;
• Specific designs, themes, colors, artists, or accessories are not guaranteed;
• Reasonable duplicate or similar items may occur over time;
• Packaging and included accessories may vary; and
• We may substitute an unavailable item with one of reasonably comparable type and value.

Personal preferences or exclusions are not guaranteed unless we expressly confirm them in writing.

20.8 Trials and Promotional Pricing

A free or discounted trial may convert to a paid recurring Subscription at the end of the promotional period if that conversion was clearly disclosed and you expressly authorized it. Promotion-specific terms control the offer.

20.9 Termination by Davincified

We may terminate or decline to renew a Subscription for discontinued Products, payment failure, fraud, abuse, legal or safety concerns, or violation of these Terms.

If we terminate without customer breach after collecting payment for an unfulfilled future period, we will refund the prepaid amount for the unfulfilled portion, subject to applicable law.

21. Gift Cards

Gift cards and gift codes may be used only through the Services and are subject to the terms displayed at purchase.

Unless applicable law requires otherwise:

• Gift cards are not redeemable for cash;
• Gift-card purchases are final and nonrefundable;
• Gift cards may not be used to purchase another gift card;
• Gift cards may not be resold or used for unauthorized commercial purposes;
• Promotional credits are not gift cards and may have different restrictions;
• Gift-card balances do not earn interest; and
• We may cancel or hold a gift card associated with fraud, unauthorized payment, unlawful activity, or a material error.

Keep the code secure. A person who possesses the code may be able to use it. We are not responsible for a lost, stolen, disclosed, or misdirected code after delivery, except where required by law. We may replace an unused balance where you provide satisfactory proof of purchase and ownership, but replacement is not guaranteed.

Expiration and fees, if any, will be disclosed and will apply only to the extent permitted by law. If no expiration date is disclosed, the gift card does not expire.

22. Davincified Rewards and DavinciCoins

22.1 Nature of DavinciCoins

DavinciCoins are promotional loyalty points. They are not money, legal tender, stored value, a security, property, or a gift card. They have no cash value and cannot be exchanged for cash except where applicable law expressly requires otherwise.

Any use of the term "cashback" in connection with Davincified Rewards means promotional value provided as DavinciCoins, a discount, or another stated reward, not a cash payment, unless the offer expressly says otherwise.

22.2 Eligibility and Accounts

Rewards participation is limited to eligible registered users. Unless we expressly permit otherwise, each person may maintain only one Rewards Account. DavinciCoins are personal, nontransferable, and may not be sold, assigned, combined across Accounts, or exchanged outside the Rewards program.

22.3 Earning and Finalization

DavinciCoins may be earned through qualifying purchases or actions described on the Site. Points may remain pending until the related transaction is paid, fulfilled, and no longer subject to a pending cancellation, return, refund, payment dispute, or fraud review.

We may reverse, withhold, or adjust DavinciCoins associated with:

• A canceled, refunded, returned, or reversed transaction;
• A chargeback or failed payment;
• Duplicate, mistaken, or technically incorrect credit;
• Fraud, manipulation, or abuse;
• Multiple Accounts;
• A violation of promotion rules; or
• A violation of these Terms.

22.4 Redemption

DavinciCoins may be redeemed only for rewards then offered through the program and subject to applicable minimums, limits, exclusions, expiration dates, and availability. Rewards cannot be applied retroactively to completed Orders unless expressly stated.

A redemption may reduce or eliminate eligibility for another discount or promotion.

22.5 Tiers and Benefits

Tier thresholds, qualification periods, benefits, free-shipping offers, birthday bonuses, free Products, and other Rewards features are governed by the current program description.

Tier status and benefits are promotional privileges, not vested rights. We may correct errors and may change future qualification requirements or benefits with notice where required by law.

22.6 Expiration and Program Changes

DavinciCoins expire according to the period disclosed in the Rewards program. We may modify, suspend, or terminate the program.

Except where immediate action is reasonably required for fraud, security, legal compliance, or technical integrity, we will provide reasonable notice of a material program termination or material reduction in existing redemption rights where practicable and required by law.

If the program ends, unredeemed points may be forfeited after the stated redemption period, subject to applicable law.

22.7 Abuse

We may suspend Rewards access, reverse points, revoke benefits, or terminate participation for fraud, abuse, manipulation, resale, multiple Accounts, or violation of these Terms.

23. Promotions, Discounts, and Bundles

Promotions may be subject to separate rules. Unless expressly stated:

• Promotions cannot be combined;
• Promotions apply only during the stated period and while supplies last;
• Promotions have no cash value and cannot be applied retroactively;
• Limits may apply by customer, household, Account, payment method, address, region, Product, or device;
• Promotional Products, free gifts, and discounted items may not be exchanged for cash;
• Codes obtained from unauthorized sources may be rejected;
• We may correct a technical or pricing error; and
• A promotion is void where prohibited.

For a buy-one-get-one, buy-X-get-Y, bundle, or similar promotion, the total paid may be allocated across the included Products for refund purposes. Returning a qualifying Product may require return of the free or discounted Product or may reduce the refund by its allocated value, to the extent permitted by law and disclosed in the Return and Refund Policy.

We may cancel participation and reverse benefits where a promotion is used fraudulently, contrary to its rules, or through multiple Accounts or transactions designed to evade limits.

24. Digital Products and Files

24.1 License

Unless a separate written license states otherwise, Digital Products and downloadable files are licensed, not sold. We grant you a limited, non-exclusive, nontransferable license to download and use them for personal, non-commercial purposes. This license may be revoked if you materially breach these Terms.

You may not resell, redistribute, sublicense, publish, upload for public download, remove rights notices from, or commercially exploit a Digital Product without written permission.

24.2 Availability and Storage

You are responsible for downloading and backing up purchased or generated files. Unless another period is expressly stated, digital files may be stored on our systems for up to 60 days after purchase or generation and may then be deleted without further notice.

We do not guarantee indefinite storage, continued availability, or compatibility with every device, printer, browser, application, or operating system.

24.3 Digital Refunds

Except where required by law or where a Digital Product is materially defective or not supplied, digital purchases are nonrefundable after access, download, or delivery begins.

Where applicable law requires express consent before immediate digital delivery affects a withdrawal right, we will request that consent separately.

25. Davincified Intellectual Property

The Services and their contents, including software, interfaces, branding, logos, trademarks, text, graphics, photographs, videos, designs, paint-by-number conversions, numbering systems, templates, compilations, data, and site organization, are owned by or licensed to DAVINCIFIED LLC and are protected by intellectual-property laws.

Subject to these Terms, we grant you a limited, personal, non-exclusive, nontransferable, non-sublicensable, and revocable license to access and use the Services for their intended non-commercial purpose.

You may not, without written permission:

• Copy, reproduce, modify, distribute, sell, license, or publicly exploit Site content;
• Remove copyright, trademark, watermark, attribution, or rights-management information;
• Use our name, logos, marks, or confusingly similar identifiers;
• Create or sell reproductions, templates, merchandise, or derivative commercial products from licensed designs;
• Digitize or redistribute a paint-by-number template or numbered canvas; or
• Suggest that we endorse or sponsor you or your products.

Purchasing a Product does not transfer copyright or other intellectual-property rights in the underlying design. You may display and enjoy the single physical Product and completed artwork for personal purposes and may exercise any physical resale right provided by applicable law, but you may not reproduce the design or sell copies without authorization.

We do not claim exclusive rights in an underlying public-domain artwork merely because it appears in a Product. We may hold rights in our particular conversion, layout, numbering, branding, photographs, packaging, and other original elements.

26. Reviews, Public Content, and Feedback

26.1 Honest Reviews

Nothing in these Terms prohibits you from providing an honest review or expressing an honest opinion about our Products or Services. We will not impose a contractual penalty merely because a review is negative.

26.2 Public Content License

You retain ownership of Public Content. By intentionally posting Public Content through a Davincified feature, you grant DAVINCIFIED LLC and its service providers a worldwide, non-exclusive, royalty-free, sublicensable license to host, reproduce, crop, format, adapt, translate, display, distribute, and use that Public Content, together with the submitted name or handle, to operate, display, moderate, and promote the Services.

The license continues while the Public Content remains posted and for a reasonable period afterward for backups, records, and materials already created. Removal does not require us to recall or destroy lawful marketing materials already printed or published before removal, subject to applicable law.

26.3 Moderation

We may decline, remove, restrict, or decline to promote Public Content that:

• Contains private information or another person's likeness without permission;
• Is unlawful, defamatory, threatening, harassing, obscene, exploitative, or abusive;
• Infringes intellectual-property, privacy, publicity, or other rights;
• Contains malware, spam, or unrelated promotions;
• Manipulates ratings or misrepresents an experience;
• Is clearly false or misleading;
• Fails to disclose a material incentive where required; or
• Violates these Terms or platform rules.

We are not required to publish every review or Public Content submission.

26.4 Incentivized Content

If you receive a free Product, discount, reward, commission, payment, or other material benefit in exchange for content, you must disclose that connection clearly where required by law.

26.5 Feedback

If you voluntarily submit ideas, suggestions, concepts, or feedback about our Products, Services, or business, you grant us a perpetual, worldwide, irrevocable, royalty-free, transferable, and sublicensable right to use and commercialize that feedback without restriction or compensation.

Do not submit feedback that you consider confidential or proprietary. This subsection does not apply to private Customer Content submitted solely to fulfill an Order.

27. Copyright and Intellectual-Property Complaints

27.1 Copyright Notices

If you believe material available through the Services infringes your copyright, send a written notice to our Copyright Agent containing substantially the following:

1. Your physical or electronic signature;
2. Identification of the copyrighted work claimed to have been infringed;
3. Identification and location of the allegedly infringing material;
4. Your name, address, telephone number, and email address;
5. A statement that you have a good-faith belief that the use is not authorized by the rights holder, its agent, or law; and
6. A statement, under penalty of perjury, that the information is accurate and that you are authorized to act for the rights holder.

Send notices to:

Copyright Agent
DAVINCIFIED LLC
30 N Gould Street, Ste R
Sheridan, WY 82801
United States
Email: hello@davincified.com
Telephone: +1 307-776-9308

A copy of a notice may be provided to the person who submitted the material.

27.2 Counter-Notices

If your content is removed because of a copyright notice, you may submit a valid counter-notice as permitted by applicable law. We may restore material where legally permitted.

27.3 Repeat Infringers

We may suspend or terminate Accounts of repeat infringers in appropriate circumstances.

27.4 Other Rights

Trademark, privacy, publicity, and other rights complaints may be sent to hello@davincified.com with sufficient detail for us to identify and evaluate the claim.

Knowingly submitting a false or misleading infringement claim may create legal liability.

28. Third-Party Services and Links

The Services may use or link to third-party payment processors, carriers, marketplaces, social networks, applications, app stores, analytics providers, hosting services, and other services.

Third-party services are governed by their own terms and privacy practices. We do not control and are not responsible for third-party content, availability, security, conduct, or policies merely because we link to or integrate with them.

This Section does not excuse us from responsibilities that applicable law places on us for our own Products, representations, or conduct.

29. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT FOR AN EXPRESS WRITTEN PRODUCT WARRANTY OR GUARANTEE THAT SPECIFICALLY APPLIES, THE SITE, SERVICES, DIGITAL OUTPUTS, DIGITAL PRODUCTS, AND PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS.

TO THE FULLEST EXTENT PERMITTED BY LAW, DAVINCIFIED DISCLAIMS ALL IMPLIED WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, NON-INFRINGEMENT, ACCURACY, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

Without limiting the foregoing, we do not warrant that:

• The Services will be uninterrupted, timely, secure, error-free, or free of harmful components;
• Site information or Digital Outputs will be complete, accurate, unique, or suitable for a particular purpose;
• Every Product, color, design, accessory, reward, or feature will remain available;
• A completed painting will match a preview or example exactly;
• Use of a Product will produce a particular artistic, emotional, wellness, therapeutic, or commercial result; or
• Third-party services, carriers, or links will perform as expected.

Advice or information from customer service does not create a warranty unless expressly confirmed as an Order-specific written warranty by an authorized representative.

Some jurisdictions do not allow certain warranty disclaimers. A disclaimer also will not apply where a written warranty or applicable law prohibits it. In those circumstances, these disclaimers apply only to the maximum extent permitted by law. Nothing in these Terms excludes a mandatory consumer guarantee, warranty, or remedy.

30. Limitation of Liability

30.1 Excluded Damages

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DAVINCIFIED LLC AND ITS AFFILIATES, OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, SUPPLIERS, MANUFACTURERS, SERVICE PROVIDERS, AND SUCCESSORS (COLLECTIVELY, THE "DAVINCIFIED PARTIES") WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES; LOSS OF PROFITS, REVENUE, BUSINESS, OPPORTUNITY, GOODWILL, OR DATA; OR COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATING TO THE SERVICES, PRODUCTS, THESE TERMS, OR AN ORDER, EVEN IF ADVISED THAT SUCH DAMAGES WERE POSSIBLE.

30.2 Liability Cap

TO THE FULLEST EXTENT PERMITTED BY LAW, THE DAVINCIFIED PARTIES' TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO A PARTICULAR ORDER OR PRODUCT WILL NOT EXCEED THE AMOUNT YOU PAID FOR THE AFFECTED ORDER OR PRODUCT. FOR A CLAIM UNRELATED TO A PAID ORDER, TOTAL AGGREGATE LIABILITY WILL NOT EXCEED USD $100.

The existence of multiple claims, incidents, theories, Products, communications, or proceedings does not enlarge the applicable cap.

30.3 Exclusions From the Limitations

Nothing in these Terms excludes or limits liability for:

1. Death or personal injury to the extent liability cannot lawfully be excluded or limited;
2. A defective or unsafe Product to the extent liability cannot lawfully be excluded or limited;
3. Gross negligence, recklessness, willful misconduct, or fraud;
4. Breach of a non-waivable statutory duty, warranty, or consumer guarantee;
5. Violation of mandatory consumer-protection, privacy, or product-liability law; or
6. Any other liability that applicable law prohibits us from excluding or limiting.

30.4 Allocation of Risk

The warranty disclaimers and liability limitations are material parts of the parties' agreement and apply to all legal theories, including contract, tort, negligence, strict liability, statute, and equity, to the fullest extent permitted by law.

Some jurisdictions do not allow certain exclusions or caps. In those jurisdictions, the limitations apply only to the maximum extent permitted by law.

31. Indemnification

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless the Davincified Parties from third-party claims, liabilities, damages, judgments, losses, penalties, and reasonable legal costs arising out of or relating to:

• Customer Content or Public Content you submit;
• Your breach of the representations concerning content rights and permissions;
• Your unlawful, fraudulent, or intentionally wrongful use of the Services;
• Your material breach of these Terms;
• Your unauthorized commercial use, reproduction, distribution, repackaging, relabeling, or resale of a Product or Digital Product;
• A representation, instruction, warning, warranty, or claim you make about a Product without our authorization; or
• Your infringement or violation of another person's intellectual-property, privacy, publicity, contractual, or other rights.

For a covered claim:

• We will provide reasonably prompt notice, although delayed notice reduces your obligation only to the extent it materially prejudices the defense;
• We may control the defense and selection of counsel;
• You will provide reasonable cooperation; and
• You may not settle in a way that admits fault by, imposes an obligation on, or restricts a Davincified Party without our written consent.

We may participate with separate counsel at our own expense.

This Section does not require you to indemnify a Davincified Party to the extent a claim was caused by that party's negligence, willful misconduct, defective Product, unauthorized use of content, or violation of law.

32. Suspension and Termination

We may suspend, restrict, or terminate access to an Account or Service; cancel an unfulfilled Order; disable content; revoke rewards; or refuse future transactions where we reasonably believe that:

• You violated these Terms or applicable law;
• Payment is unauthorized, fraudulent, reversed, or unpaid;
• An Account or transaction creates a security, fraud, legal, safety, or reputational risk;
• You abused promotions, refunds, rewards, reviews, chargebacks, customer support, or other users;
• Customer Content is prohibited or disputed; or
• Suspension is reasonably necessary to protect the Services, users, Davincified Parties, or third parties.

We may act without advance notice where immediate action is reasonably necessary. Where appropriate, we may provide notice and an opportunity to correct the issue.

If we terminate an accepted paid Order for reasons not caused by you, we will refund the amount paid for the unfulfilled portion. If termination results from your breach after custom work begins, disclosed fees for completed work may apply to the extent permitted by law.

Upon termination, your right to use the affected Services ends. Outstanding payment obligations and provisions that by their nature should survive remain effective, including provisions concerning intellectual property, content licenses, payments, disclaimers, liability, indemnification, dispute resolution, and general terms.

You may not create another Account to evade a suspension or termination.

33. Events Beyond Reasonable Control

We are not liable for delay or failure caused by events beyond our reasonable control, including natural disasters, severe weather, fire, flood, epidemic, pandemic, war, terrorism, civil unrest, labor disputes, carrier interruption, supplier failure, material shortage, power or telecommunications failure, cyberattack, customs delay, government action, sanctions, embargoes, or transportation disruption.

Affected performance dates may be extended for a reasonable period. If an event materially prevents fulfillment, we may cancel the affected portion of an Order and refund the amount paid for the Product or Service not supplied.

This Section does not excuse an obligation that applicable law does not permit us to exclude and does not excuse payment obligations already due for Products or Services supplied.

34. Informal Dispute Resolution

Before either party files an arbitration or court proceeding, the claimant must send the other party an individualized written Notice of Dispute and allow 45 days for a good-faith effort to resolve it.

A Notice to Davincified must be sent by email to hello@davincified.com with the subject line "Notice of Dispute" and by mail to the address in Section 43. The Notice must include:

• The claimant's full name, address, email address, and telephone number;
• The relevant Account and Order number, if any;
• A description of the facts and legal basis of the Dispute;
• The relief requested and a good-faith calculation of any monetary demand; and
• The claimant's personal physical or electronic signature.

A Notice from Davincified will be sent to the most recent email or postal address associated with your Account or Order and will contain corresponding information.

Either party may request an individual telephone or video settlement conference during the 45-day period. Each party must personally participate; counsel may also attend.

The parties agree that this process is a condition precedent to arbitration or litigation. Any applicable limitations period and filing-fee deadline will be tolled from receipt of a compliant Notice until the 45-day period ends.

35. Binding Individual Arbitration for U.S. Disputes

35.1 Agreement to Arbitrate

This Section applies to individuals and entities located in, residing in, or purchasing from the United States.

Except for the exclusions in Section 35.3, any dispute, claim, or controversy between you and a Davincified Party arising out of or relating to the Services, a Product, an Order, Customer Content, a Subscription, rewards, communications, these Terms, or the parties' relationship (a "Dispute") will be resolved by final and binding individual arbitration rather than in court.

This arbitration agreement is governed by the Federal Arbitration Act and evidences a transaction involving interstate commerce.

35.2 Arbitration Provider and Rules

Consumer Disputes will be administered by the American Arbitration Association ("AAA") under the AAA Consumer Arbitration Rules and Mediation Procedures in effect when the demand is filed, as modified by these Terms.

A Dispute arising from a business or commercial purchase will be administered under the AAA Commercial Arbitration Rules unless the AAA determines that its Consumer Rules apply.

If the AAA is unavailable or declines to administer the arbitration and the parties cannot agree on another provider, a court with jurisdiction will appoint an arbitrator or provider under applicable law. The substitute must apply consumer due-process standards where the claimant is a consumer.

35.3 Excluded Matters

Either party may:

• Bring an eligible individual claim in small-claims court;
• Seek temporary or emergency injunctive relief in court to prevent actual or threatened infringement, data misuse, unauthorized Account access, fraud, or a security breach;
• Submit a complaint to a government agency; or
• Pursue a claim that applicable law says cannot be arbitrated.

A small-claims case must remain individual. If it is transferred, removed, or appealed to a court of general jurisdiction, either party may elect arbitration.

35.4 Authority of the Arbitrator

Except for the matters expressly reserved to a court below, the arbitrator, and not a court, will decide issues concerning the interpretation, scope, applicability, and enforceability of this arbitration agreement, including a claim that all or part of it is void or voidable.

A court will decide:

• Whether an agreement to arbitrate was formed;
• Whether a party timely opted out under Section 37;
• Whether the class-action waiver in Section 36 is enforceable;
• Whether the informal process in Section 34 was completed; and
• A request for public injunctive relief that applicable law prohibits an arbitrator from deciding.

The arbitrator may award any individual remedy available in court, including damages, declaratory relief, injunctive relief, and attorneys' fees where authorized by law. The arbitrator may not award relief for or against a person who is not an individual party to the arbitration.

35.5 Procedure, Location, and Fees

The arbitration may be conducted through documents, telephone, or video conference unless the arbitrator determines that an in-person hearing is necessary. An in-person consumer hearing will take place in the county where the consumer resides or another mutually agreed location. A business arbitration will be seated in Sheridan County, Wyoming, unless otherwise agreed.

Fees and costs will be allocated under the applicable AAA rules and law. Davincified will pay fees that the AAA rules or applicable law require a business to pay. The arbitrator may reallocate fees or award costs where authorized by law or where a claim or defense was brought in bad faith or for harassment.

The arbitrator will issue a reasoned written decision. Judgment on the award may be entered in any court with jurisdiction.

35.6 Coordinated or Mass Filings

If 25 or more substantially similar arbitration demands are filed against Davincified by the same or coordinated counsel or organizations, the AAA Mass Arbitration Supplementary Rules and applicable mass-arbitration fee schedule will apply.

The AAA may appoint a process arbitrator and coordinate administrative or threshold issues. This provision does not authorize class arbitration, consolidated merits arbitration, or representative relief unless all affected parties expressly agree in writing.

36. Class-Action, Representative-Action, and Jury-Trial Waiver

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND DAVINCIFIED AGREE THAT EACH PARTY MAY BRING A DISPUTE ONLY IN ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER, OR REPRESENTATIVE IN A CLASS, CONSOLIDATED, COLLECTIVE, MASS, PRIVATE-ATTORNEY-GENERAL, OR REPRESENTATIVE PROCEEDING.

The arbitrator may not consolidate the claims of different people or preside over a class, collective, mass, or representative proceeding without the express written consent of all parties.

If applicable law prohibits waiver of a request for public injunctive relief, that request will be severed and decided by a court after the arbitrator resolves the arbitrable individual claims, and the court proceeding may be stayed pending arbitration.

If the class or representative waiver is found unenforceable as to a particular claim or remedy, that claim or remedy will be severed and heard in court, and the remainder will be arbitrated individually. No class or representative claim will be arbitrated unless all parties expressly agree in writing.

FOR ANY DISPUTE PROPERLY HEARD IN COURT, YOU AND DAVINCIFIED KNOWINGLY AND VOLUNTARILY WAIVE TRIAL BY JURY TO THE FULLEST EXTENT PERMITTED BY LAW.

37. Consumer Right to Opt Out of Arbitration

An individual purchasing or using the Services for personal, family, or household purposes may opt out of Sections 35 and 36 by sending an email to hello@davincified.com within 30 calendar days after first accepting the arbitration agreement.

The email must:

• Use the subject line "Arbitration Opt-Out";
• Include your full name, postal address, Account email, and any relevant Order number; and
• Clearly state that you are opting out of the arbitration agreement and class-action waiver in the Davincified Terms.

The opt-out must be sent personally by you and applies only to you. Opting out will not affect the other provisions of these Terms or your ability to use the Services.

An opt-out from a later arbitration provision does not revoke a valid arbitration agreement you previously accepted, unless applicable law requires otherwise.

Business users do not have an opt-out right unless an Order-specific agreement states otherwise.

38. Time to Bring Claims

To the fullest extent permitted by applicable law, any claim arising out of or relating to a contract for sale, an Order, the Services, or these Terms must be commenced within one year after the claim accrues, or it is permanently barred.

This contractual period does not apply to:

• Personal-injury claims;
• Fraud or willful misconduct;
• A claim governed by a non-waivable statutory limitation period;
• A claim for which applicable law prohibits contractual shortening; or
• A government enforcement action.

The informal dispute-resolution period in Section 34 tolls the applicable period as stated there.

39. Governing Law and Court Venue

The Federal Arbitration Act governs Sections 34 through 37.

Except to the extent preempted by federal law or displaced by mandatory consumer law, these Terms, Orders, and the parties' relationship are governed by the laws of the State of Wyoming, without regard to conflict-of-law principles.

Subject to the arbitration provisions and mandatory consumer venue rights, any court proceeding must be brought exclusively in the state courts located in Sheridan County, Wyoming, or the United States federal courts located in Wyoming. Each party consents to the personal jurisdiction of those courts.

40. International and Mandatory Consumer Rights

The Services may be available internationally. Product availability, delivery, legal rights, return rules, and regulatory requirements may vary by location.

Nothing in these Terms excludes, restricts, or modifies a consumer guarantee, conformity right, withdrawal right, remedy, jurisdiction right, or other protection that cannot lawfully be waived.

If the mandatory law of your country, state, province, or territory provides greater protection than these Terms, that mandatory law applies to the extent of the conflict.

Consumers in the European Economic Area or United Kingdom may have a statutory withdrawal right for eligible non-personalized distance purchases, subject to applicable exceptions. Goods made to the consumer's specifications or clearly personalized may be excluded from that withdrawal right. A withdrawal right for digital content may be affected once supply begins after the consents required by law. Applicable procedures will be described at checkout or in the Return and Refund Policy.

The U.S. arbitration provisions apply only as stated in Section 35 and do not override a non-waivable local right to bring a claim in a local court or tribunal.

41. Export Controls and Sanctions

You may not use the Services or purchase, export, re-export, transfer, or provide a Product, Digital Product, software, or technology in violation of applicable export-control, customs, embargo, or sanctions laws.

You represent that you are not located in, ordinarily resident in, or acting for a prohibited jurisdiction or restricted party where the transaction would be unlawful.

We may screen, hold, restrict, or cancel a transaction where reasonably necessary for compliance. A lawful compliance hold or cancellation does not create liability beyond any refund required for an unfulfilled transaction.

42. General Provisions

42.1 Entire Agreement

These Terms and the documents incorporated under Section 3 constitute the entire agreement concerning the Services and supersede prior or contemporaneous understandings concerning the same subject matter.

Nothing in this Section excludes liability for fraud or a misrepresentation that cannot lawfully be excluded.

42.2 No Oral Modification

An oral statement does not modify these Terms or an Order. An Order-specific change is binding only if confirmed in writing by an authorized Davincified representative.

42.3 Assignment and Subcontracting

You may not assign or transfer an Account, Subscription, Order, or right under these Terms without our written consent, except where applicable law provides otherwise.

We may assign these Terms or our rights and obligations to an affiliate or in connection with a merger, financing, reorganization, sale of assets, or transfer of the relevant business.

We may use affiliates, manufacturers, printers, designers, payment processors, fulfillment providers, technology providers, carriers, and other contractors to perform our obligations.

42.4 Severability

If a provision is invalid or unenforceable, it will be enforced to the maximum extent permitted and, where lawful, modified to most closely reflect its intended effect. The remaining provisions remain in force.

The special severability rules in Sections 35 and 36 control for the arbitration agreement and class-action waiver.

42.5 Waiver

A failure or delay in exercising a right is not a waiver. A waiver must be in writing and applies only to the specific circumstance identified.

42.6 Relationship of the Parties

The parties are independent contracting parties. These Terms do not create an agency, partnership, joint venture, employment, franchise, fiduciary, or exclusive relationship.

42.7 No Third-Party Beneficiaries

Except for the Davincified Parties expressly protected by the intellectual-property, warranty, liability, indemnification, and dispute provisions, these Terms do not create third-party beneficiary rights.

42.8 Remedies

Except where these Terms provide an exclusive remedy, rights and remedies are cumulative. We may seek injunctive or equitable relief to protect intellectual property, security, confidential information, Accounts, or the integrity of the Services.

42.9 Notices

We may provide notices by email, through an Account, on the Site, or through another reasonable electronic method. A notice is effective when sent or posted, unless applicable law requires a different rule.

You are responsible for maintaining current contact information.

Formal Notices of Dispute must follow Section 34. Arbitration opt-outs must follow Section 37. Copyright notices must follow Section 27.

42.10 Headings and Interpretation

Headings are for convenience and do not affect interpretation. Words such as "including" mean "including without limitation." The singular includes the plural and vice versa where the context requires.

42.11 Language

The English version of these Terms controls to the fullest extent permitted by law. A translation may be provided for convenience. Where mandatory law requires a local-language version to control, that law applies.

42.12 Survival

Provisions concerning payments, Customer Content, Public Content, intellectual property, warranties, liability, indemnification, dispute resolution, governing law, and any provision that by its nature should survive will remain effective after termination, cancellation, or fulfillment.

43. Contact Information

DAVINCIFIED LLC
30 N Gould Street, Ste R
Sheridan, WY 82801
United States

Email: hello@davincified.com
Telephone: +1 307-776-9308

Customer-support requests may also be submitted through the contact form available on the Site.

IMPORTANT NOTICE FOR U.S. CUSTOMERS

SECTIONS 34 THROUGH 37 CONTAIN A BINDING INDIVIDUAL ARBITRATION AGREEMENT, A CLASS-ACTION AND REPRESENTATIVE-ACTION WAIVER, AND A JURY-TRIAL WAIVER. UNLESS YOU TIMELY OPT OUT AS DESCRIBED IN SECTION 37, MOST DISPUTES BETWEEN YOU AND DAVINCIFIED LLC MUST BE RESOLVED THROUGH INDIVIDUAL ARBITRATION RATHER THAN IN COURT.