SXD Website Terms & Conditions Agreement

Updated at 2023-01-10

General Terms

These Terms & Conditions are a contract between you and SXD, Inc. (referred to in these Terms & Conditions as "SXD", "us", "we" or "our"), the provider of the SXD website and the services accessible from the SXD website (which are collectively referred to in these Terms & Conditions as the "SXD Service").

By using our website or making a purchase, you herby consent to and agree to be bound by these Terms & Conditions. If you do not agree to these Terms & Conditions, please do not use the SXD Service. In these Terms & Conditions, "you" refers both to you as an individual and to the entity you represent. If you violate any of these Terms & Conditions, we reserve the right to cancel your order or block access to the SXD Service without notice.

These terms apply to the entire website and any email or other type of communication between you and SXD. Please also see our Privacy Policy, which is not part of this Agreement.

Under no circumstances shall SXD team be liable for any direct, indirect, special, incidental or consequential damages, including, but not limited to, loss of data or profit, arising out of the use, or the inability to use, the materials on this site, even if the SXD team or an authorized representative has been advised of the possibility of such damages. If your use of materials from this site results in the need for servicing, repair or correction of equipment or data, you assume any costs thereof.

SXD will not be responsible for any outcome that may occur during the course of usage of our resources. We reserve the rights to change prices and revise the resources usage policy in any moment.

License

SXD grants you a revocable, non-exclusive, non-transferable, limited license to use the website strictly in accordance with the terms of this Agreement.

Meanings

For this Terms & Conditions:

a) Cookie: small amount of data generated by a website and saved by your web browser. It is used to identify your browser, provide analytics, remember information about you such as your language preference or login information.
b) Company: when this policy mentions, “Company,” “we,” “us,” or “our,” it refers to SXD, Inc., (located at 150 West 56th Street, New York, NY) that is responsible for your information under this Terms & Conditions.
c) Country: where SXD or the owners/founders of SXD are based, in this case is United States.
d) Device: any internet connected device such as a phone, tablet, computer or any other device that can be used to visit SXD and use the services.
e) Service: refers to the service provided by SXD as described in the relative terms and on this platform.
f) Third-party service: refers to advertisers, contest sponsors, promotional and marketing partners, and others who provide our content or whose products or services we think may interest you.
g) Website: SXD’s site, which can be accessed via sxd.ai, sxd-ai.com, and/or shellyxu.design and all associated subdomains
h) You: a person or entity that is registered with SXD to use the Services.

Restrictions

You agree not to, and you will not permit others to:

a) License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the website or make the platform available to any third party.
b) Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the website.
c) Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of SXD or its affiliates, partners, suppliers or the licensors of the website.
 

Return and Refund Policy

No matter how sustainable a design is, if it’s not worn and loved, it’s just waste. That’s why at SXD we want you to be 100% satisfied with your zero waste design.

If you are unhappy with our product, please contact us at info@sxd.ai with “Product Feedback” in the subject line. We would be happy to make adjustments to your design or provide refunds.

To be eligible for a refund:

a)    You have 14 days to return your product from the date it was received.
b)    The product must be returned in its original condition and packaging.
c)    Returns that do not meet the eligibility conditions may result in refund delays or the product(s) to be shipped back to you.
 

Cookies

SXD uses "Cookies" to monitor website traffic, user demographics, and general website UX interface usage. All data is anonymous and is not linked in any way to the personal information of any user. We use Cookies to enhance the performance and functionality of our website but are non-essential to their use. Most web browsers can be set to disable the use of Cookies. However, if you disable Cookies, you may not be able to access full functionality of our website. We never place Personally Identifiable Information in Cookies.

Changes To Our Terms & Conditions

You acknowledge and agree that SXD may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to users generally at SXD’s sole discretion, without prior notice to you. You may stop using the Service at any time. You do not need to specifically inform SXD when you stop using the Service.

If we decide to change our Terms & Conditions, we will post those changes on this page, and/or update the Terms & Conditions modification date.

Modifications and Updates to Our Website

SXD may from time to time provide enhancements or improvements to the features/functionality of the website, which may include patches, bug fixes, updates, upgrades and other modifications ("Updates").

SXD reserves the right to modify, suspend or discontinue, temporarily or permanently, the website, certain features and/or functionalities, or any service to which it connects, with or without notice and without liability to you.

You agree that SXD has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the website to you.

You further agree that all Updates will be (i) deemed to constitute an integral part of the website, and (ii) subject to the Terms & Conditions of this Agreement.

Third-Party Services

This Terms & Conditions applies only to the Services. The Services may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services ("Third-Party Services"). Please remember that when you use a link to go from the Services to another website, our Terms & Conditions are no longer in effect. Your browsing and interaction on any other website, including those that have a link on our platform, is subject to that website’s own rules and policies. Such third parties may use their own cookies or other methods to collect information about you.

You acknowledge and agree that SXD shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. SXD does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.

Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.
 
Copyright Infringement Notice

If you are a copyright owner or such owner’s agent and believe any material on our website constitutes an infringement on your copyright, please contact us setting forth the following information: (a) a physical or electronic signature of the copyright owner or a person authorized to act on his behalf; (b) identification of the material that is claimed to be infringing; (c) your contact information, including your address, telephone number, and an email; (d) a statement by you that you have a good faith belief that use of the material is not authorized by the copyright owners; and (e) the a statement that the information in the notification is accurate, and, under penalty of perjury you are authorized to act on behalf of the owner.

Indemnification

You agree to indemnify and hold SXD and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your: (a) use of the website; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.

Disclaimer

SXD is not responsible for any content, code or any other imprecision.

SXD does not provide warranties or guarantees.

In no event shall SXD be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the Service or the contents of the Service. SXD reserves the right to make additions, deletions, or modifications to the contents on the Service at any time without prior notice.

The website is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, SXD, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the website, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, SXD provides no warranty or undertaking, and makes no representation of any kind that the website will meet your requirements, achieve any intended results, be compatible or work with any other software, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither SXD nor any SXD's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the website, or the information, content, and materials or products included thereon; (ii) that the website will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the website; or (iv) that the website, its servers, the content, or e-mails sent from or on behalf of SXD are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.

Limitation of Liability

Notwithstanding any damages that you might incur, the entire liability of SXD and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the website.

To the maximum extent permitted by applicable law, in no event shall SXD or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the website, third-party software and/or third-party hardware used with the website, or otherwise in connection with any provision of this Agreement), even if SXD or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

This Agreement, together with the Privacy Policy and any other legal notices published by SXD on the Services, shall constitute the entire agreement between you and SXD concerning the Services. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and SXD’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. YOU AND SXD AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute waiver of any subsequent breach.

No failure to exercise, and no delay in exercising, on the part of either party, any right or any power under this Agreement shall operate as a waiver of that right or power. Nor shall any single or partial exercise of any right or power under this Agreement preclude further exercise of that or any other right granted herein. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.

Amendments to this Agreement

SXD reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our website after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use SXD.

Entire Agreement

The Agreement constitutes the entire agreement between you and SXD regarding your use of the website and supersedes all prior and contemporaneous written or oral agreements between you and SXD. You may be subject to additional terms and conditions that apply when you use or purchase other SXD services, which SXD will provide to you at the time of such use or purchase.

Updates to Our Terms

We may change our Service and policies, and we may need to make changes to these Terms so that they accurately reflect our Service and policies. Unless otherwise required by law, we will notify you (for example, through our Service) before we make changes to these Terms and give you an opportunity to review them before they go into effect. Then, if you continue to use the Service, you will be bound by the updated Terms. If you do not want to agree to these or any updated Terms, you can cease use of the website.

Intellectual Property

The website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by SXD, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The material may not be copied, modified, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of SXD, unless and except as is expressly provided in these Terms & Conditions. Any unauthorized use of the material is prohibited.

Agreement to Arbitrate

This section applies to any dispute EXCEPT IT DOES NOT INCLUDE A DISPUTE RELATING TO CLAIMS FOR INJUNCTIVE OR EQUITABLE RELIEF REGARDING THE ENFORCEMENT OR VALIDITY OF YOUR OR SXD’S INTELLECTUAL PROPERTY RIGHTS. The term “dispute” means any dispute, action, or other controversy between you and SXD concerning the Services or this agreement, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law.

Notice of Dispute

In the event of a dispute, you or SXD must give the other a Notice of Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. You must send any Notice of Dispute via email to: info@sxd.ai. SXD will send any Notice of Dispute to you by mail to your address if we have it, or otherwise to your email address. You and SXD will attempt to resolve any dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, you or SXD may commence arbitration.

Binding Arbitration

If you and SXD do not resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by binding arbitration as described in this section. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. The dispute shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party’s rights or property pending the completion of arbitration. Any and all legal, accounting, and other costs, fees, and expenses incurred by the prevailing party shall be borne by the non-prevailing party.

Submissions and Privacy

In the event that you submit or post any feedback, comments, improvements, ideas, creative suggestions, designs, photographs, information, advertisements, data or proposals, including ideas for new or improved products, services, features, technologies or promotions (collectively, “Suggestions”), you expressly agree that such Suggestions will automatically be treated as non-confidential and non-proprietary. SXD shall be free to use, copy, modify, publish, or redistribute the Suggestions and Suggestions will become the sole property of SXD without any compensation or credit to you whatsoever. SXD and its affiliates shall have no obligations with respect to such submissions or posts and may use the ideas contained in such submissions or posts for any purposes in any medium in perpetuity, including, but not limited to, developing, manufacturing, and marketing products and services using such ideas.

Miscellaneous

If for any reason a court of competent jurisdiction finds any provision or portion of these Terms & Conditions to be unenforceable, the remainder of these Terms & Conditions will continue in full force and effect. Any waiver of any provision of these Terms & Conditions will be effective only if in writing and signed by an authorized representative of SXD. SXD will be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. SXD operates and controls the SXD Service from its offices in United States. The Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. Accordingly, those persons who choose to access the SXD Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. These Terms & Conditions (which include and incorporate the SXD Privacy Policy) contains the entire understanding, and supersedes all prior understandings, between you and SXD concerning its subject matter, and cannot be changed or modified by you. The section headings used in this Agreement are for convenience only and will not be given any legal import.

Contact Us

Don't hesitate to contact us if you have any questions via email: info@sxd.ai