Warranty and Platform Liability

Last Updated: Upon first publication on the Platform.

PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT THE WARRANTIES (OR LACK THEREOF) AND THE PLATFORM'S LIABILITY.

1. Nature of the Platform

1.1. The Platform is a marketplace intermediary that connects Buyers and Sellers of digital Products. The Platform does not manufacture, create, inspect, certify, endorse, or take ownership of any Products listed by Sellers.

1.2. The Platform provides technology infrastructure that facilitates the listing, discovery, Transaction processing, and delivery of digital Products. The Platform acts as a facilitator, not as a party to Transactions between Users.

2. No Warranty on Products

2.1. THE PLATFORM MAKES NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING ANY PRODUCT LISTED, SOLD, OR DELIVERED THROUGH THE PLATFORM.

2.2. Specifically, the Platform does not warrant that any Product:

Is fit for any particular purpose or use;
Is of merchantable quality;
Is free from defects, errors, bugs, or viruses;
Is compatible with your hardware, software, or systems;
Will meet your expectations or requirements;
Is accurate, complete, reliable, or current;
Does not infringe any third-party rights;
Complies with applicable laws in your jurisdiction.

2.3. All warranties regarding Products are between the Buyer and the Seller. The Seller is solely responsible for providing any warranties related to their Products.

3. No Warranty on Platform Services

3.1. THE PLATFORM AND ALL ITS SERVICES, FEATURES, AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

3.2. THE PLATFORM OPERATOR DOES NOT WARRANT THAT:

The Platform will be available at all times without interruption, delay, or error;
Defects will be corrected;
The Platform or the server that makes it available are free of viruses or other harmful components;
The results obtained from using the Platform will be accurate, reliable, or satisfy your requirements;
Any stored data will be preserved, accurate, or accessible.

3.3. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM OPERATOR DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, AND ACCURACY.

4. Platform Liability Limitations

4.1. MAXIMUM EXTENT OF EXCLUSION. To the maximum extent permitted by applicable law:

4.2. THE PLATFORM OPERATOR SHALL NOT BE LIABLE FOR:

Any loss, damage, or injury arising from or related to any Product purchased or obtained through the Platform;
Any acts or omissions of Sellers, Buyers, or any other Users;
Any unauthorized access to or use of the Platform's servers and/or any personal information stored therein;
Any interruption or cessation of transmission to or from the Platform;
Any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Platform by any third party;
Any errors, inaccuracies, or omissions in any Content or Products, or for any loss or damage incurred as a result of the use of any Content or Products posted, emailed, transmitted, or otherwise made available via the Platform;
The defamatory, offensive, or illegal conduct of any third party;
Any indirect, incidental, special, consequential, exemplary, or punitive damages of any kind;
Any loss of profits, revenue, data, use, goodwill, or other intangible losses;
Any failure or delay caused by matters beyond the Platform Operator's reasonable control (force majeure).

4.3. AGGREGATE LIABILITY CAP. In no event shall the Platform Operator's total cumulative liability to you for all claims arising out of or relating to the Platform or these Terms exceed the greater of: (a) the total fees paid by you to the Platform in the twelve (12) months immediately preceding the event giving rise to the claim, or (b) one hundred US dollars (USD $100.00).

4.4. INDEPENDENT LIMITATION. Each limitation of liability in this section operates independently and severally. If any single limitation is held to be invalid, all other limitations shall remain in full force.

5. Seller Warranty Obligations

5.1. Sellers may voluntarily provide warranties for their Products. Any such warranties are agreements solely between the Seller and the Buyer.

5.2. The Platform does not administer, enforce, or guarantee any Seller-provided warranties.

5.3. Buyers should review the Seller's Product listing and any warranty terms before making a purchase.

6. Buyer's Responsibility

6.1. Due Diligence. Buyers are responsible for performing adequate due diligence before purchasing any Product, including:

Reading the complete Product description, documentation, and reviews;
Verifying compatibility with their hardware, software, and operating systems;
Understanding the applicable license terms;
Scanning downloaded files for malware using appropriate security software.

6.2. Assumption of Risk. By purchasing and using a Product, the Buyer assumes all risks associated with that Product, including but not limited to risks of data loss, system damage, security vulnerabilities, incompatibility, and failure to meet expectations.

7. Third-Party Services

7.1. The Platform integrates with and relies on various third-party services, including but not limited to:

Payment processors (for Transaction processing);
Cloud infrastructure providers (for hosting and storage);
AI service providers (for AI-powered features);
Email delivery services (for notifications);
Analytics services (for Platform analytics).

7.2. THE PLATFORM IS NOT LIABLE FOR ANY FAILURES, ERRORS, OUTAGES, DATA LOSS, OR OTHER ISSUES CAUSED BY THIRD-PARTY SERVICES. Users acknowledge that the availability and performance of the Platform may depend on third-party services beyond the Platform Operator's control.

7.3. Users' interactions with third-party services are governed by those services' own terms and privacy policies.

8. Data Loss and Backup

8.1. THE PLATFORM IS NOT RESPONSIBLE FOR ANY LOSS OF DATA, INCLUDING BUT NOT LIMITED TO PRODUCT FILES, USER CONTENT, ACCOUNT INFORMATION, TRANSACTION RECORDS, OR ANY OTHER DATA STORED ON THE PLATFORM.

8.2. Users are strongly encouraged to maintain their own independent backups of all important data, files, and records.

9. Uptime and Availability

9.1. While the Platform strives to maintain high availability, the Platform does not guarantee any specific level of uptime, availability, or performance.

9.2. The Platform may be temporarily unavailable due to maintenance, updates, system failures, cyberattacks, or other causes. The Platform Operator shall not be liable for any losses arising from such unavailability.

10. Acknowledgment

10.1. BY USING THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS WARRANTY AND LIABILITY POLICY, AND YOU AGREE TO ACCEPT THE PLATFORM AND ITS SERVICES AS-IS, WITH ALL FAULTS AND WITHOUT ANY WARRANTY.

10.2. You acknowledge that the limitations of liability and warranty disclaimers in this document are fundamental elements of the agreement between you and the Platform Operator, and that the Platform Operator would not provide the Platform without such limitations.

11. Jurisdictional Variations

11.1. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. In such jurisdictions, the Platform Operator's warranties and liability shall be limited to the fullest extent permitted by applicable law.

11.2. Nothing in this document shall exclude or limit liability that cannot be excluded or limited by mandatory applicable law.

11.3. For residents of the Russian Federation: pursuant to Articles 1005-1011 of the Civil Code of the Russian Federation, the Platform acts as an agent facilitating Transactions. The provisions of the Law on Consumer Protection (No. 2300-1) regarding the quality of goods primarily apply to the Seller as the direct provider of the Product. The Platform's liability is limited to the proper performance of its intermediary functions.