Terms and Conditions
Last Updated and Effective Date: August 16, 2023
Interpretation and Definitions
Interpretation: The meanings of terms with initial capital letters are defined under the following conditions. The subsequent definitions hold the same meaning regardless of whether they are in singular or plural form.
Definitions: For the purpose of these Terms and Conditions:
Affiliate: Refers to an entity that exercises control, is controlled by, or is under common control with another party. In this context, “control” entails ownership of 50% or more of shares, equity interest, or other securities entitled to vote for the election of directors or other managing authorities.
Account: Denotes a distinct account established for your access to our Service or its components.
Country: Signifies Sweden.
Company: Referred to as “the Company,” “We,” “Us,” or “Our” in this Agreement, it pertains to DSTM Systems AB, VAT no.: SE559174-7422
Content: Encompasses textual, visual, or other information that you can post, upload, link to, or otherwise make available, regardless of the form of the content.
Device: Refers to any apparatus capable of accessing the Service, such as a computer, cellphone, or digital tablet.
Feedback: Encompasses suggestions, innovations, or feedback provided by you concerning the attributes, performance, or features of our Service.
Free Trial: Describes a limited period during which you may use certain services for free, typically when acquiring a Subscription.
Goods: Denotes the items presented for sale on the Service.
Orders: Represents your requests to purchase Goods from us.
Promotions: Refers to contests, sweepstakes, or other promotional offerings presented through the Service.
Service: Signifies the Website being discussed.
Subscriptions: Encompasses the services or access to the Service provided on a subscription basis by the Company to you.
Terms and Conditions: Also known as “Terms,” these are the comprehensive regulations that constitute the entire agreement governing the use of the Service between you and the Company.
Third-party Social Media Service: Denotes any services or content (including data, information, products, or services) provided by a third party that may be displayed, included, or made accessible through the Service.
Website: Refers to the DSTM, accessible from https://dstmsystems.com.
You: Refers to the individual utilizing or accessing the Service, or the company or legal entity on whose behalf the individual is utilizing or accessing the Service, as applicable.
Acknowledgment
These stipulate the Terms and Conditions that govern the utilization of this Service and the agreement that binds You and the Company. Within these Terms and Conditions, the rights and responsibilities of all users regarding the Service’s utilization are outlined.
Your access to and utilization of the Service hinges on Your acceptance of and adherence to these Terms and Conditions. These provisions encompass all visitors, users, and other individuals who access or utilize the Service.
By entering and utilizing the Service, You affirm Your consent to be bound by these Terms and Conditions. In the event of any disagreement with any segment of these Terms and Conditions, Your access to the Service shall be prohibited.
You affirm that You are of at least 18 years of age. The Company does not authorize those under the age of 18 to employ the Service.
Moreover, Your access to and utilization of the Service is contingent upon Your agreement to and observance of the Company’s Privacy Policy. Our Privacy Policy delineates Our practices and protocols concerning the gathering, usage, and divulgence of Your personal information when You engage with the Application or the Website. It also acquaints You with Your privacy rights and the legal safeguards in place. Prior to employing Our Service, kindly peruse Our Privacy Policy meticulously.
Placing Orders for Goods
When placing an Order for Goods through the Service, you assure that you possess the legal capacity to engage in binding contracts.
If you intend to place an Order for Goods accessible on the Service, you may need to furnish specific information relevant to your Order, including but not limited to your name, email, phone number, credit card number, credit card expiration date, billing address, and shipping information.
You affirm and guarantee that: (i) you possess the lawful authority to use any credit or debit card(s) or other payment method(s) connected to any Order; and (ii) the information you provide to us is accurate, truthful, and complete.
By submitting this information, you authorize us to share the information with third-party payment processors to facilitate the fulfillment of your Order.
Order Cancellation
We hold the right to decline or annul your Order at any time for specific reasons, including but not confined to:
- Unavailability of Goods
- Mistakes in the description or pricing of Goods
- Mistakes in your Order
- Suspected fraud or unauthorized/illegal transactions
Your Rights Regarding Order Cancellation
The return of purchased Goods aligns with these Terms and Conditions and Our Returns Policy.
Our Returns Policy is an integral part of these Terms and Conditions. For a more comprehensive understanding of your right to cancel an Order, please review our Returns Policy.
Your entitlement to cancel an Order is solely applicable to Goods that remain in the same condition as when received. This includes retaining all product instructions, documents, and packaging. Goods damaged or altered beyond the original packaging or that are not in the same condition will not be eligible for a refund. It is imperative that you exercise reasonable care over the Goods while in your possession.
Reimbursement will be made no later than 14 days from the date of receiving the returned Goods. The same payment method used for the Order will be employed for reimbursement, without any additional fees incurred.
There is no right to cancel an Order for the following Goods:
- Goods tailored to your specifications or personalized
- Goods inherently unsuitable for return due to health or hygiene, once unsealed after delivery
- Digital content supplied without a tangible medium, with your prior express consent and acknowledgment of loss of cancellation right
Availability, Errors, and Inaccuracies
We continually update the range of Goods offered on the Service. These Goods might occasionally be mispriced, inaccurately described, or unavailable. Updates to Goods information on the Service and other platforms may experience delays.
We cannot guarantee the accuracy or completeness of any information, including prices, product imagery, specifications, availability, and services. We retain the right to modify or correct information, including errors, inaccuracies, or omissions, without prior notice.
Pricing Policy
The Company retains the prerogative to revise prices prior to Order acceptance.
Prices quoted may change following Order acceptance in response to events impacting delivery due to government actions, variations in customs duties, increased shipping fees, elevated foreign exchange costs, or other factors beyond our control. In such cases, you retain the option to cancel your Order.
Payments
All purchased Goods entail a one-time payment. Payment options encompass Visa, MasterCard, Affinity Card, American Express cards, and online methods like PayPal.
Payment cards (credit or debit) are subject to verification checks and authorization by your card issuer. Failure to obtain required authorization releases us from liability regarding any Order delays or non-delivery.
Subscriptions
Subscription Duration
Access to the Service or specific features of it requires a paid Subscription. Your billing will occur in advance on a recurring basis (such as daily, weekly, monthly, or annually), depending on the Subscription plan you choose.
At the end of each period, your Subscription will automatically renew under the same terms unless you or the Company initiate a cancellation.
Cancellation of Subscriptions
You have the option to cancel your Subscription renewal through your Account settings or by contacting the Company. No refunds will be provided for fees already paid for your ongoing Subscription period. You will retain access to the Service until the end of your current Subscription period.
Billing
You are responsible for providing accurate and complete billing details, including name, address, state, zip code, phone number, and valid payment information.
If automatic billing fails for any reason, the Company will issue an electronic invoice, which requires you to make a manual payment by a specific deadline indicated on the invoice.
Fee Adjustments
The Company reserves the right to modify Subscription fees at its sole discretion. Changes in Subscription fees will take effect after the current Subscription period ends.
The Company will offer reasonable prior notice of any Subscription fee adjustments, allowing you the opportunity to cancel your Subscription before the revised fees come into effect.
Continued use of the Service after the fee adjustment implies your acceptance of the modified Subscription fee.
Refunds
Unless legally required, paid Subscription fees are non-refundable. In specific cases, the Company may consider refund requests for Subscriptions on a case-by-case basis, at its discretion.
Free Trial
At its discretion, the Company may provide a Subscription with a Free Trial for a limited time.
To initiate a Free Trial, you may need to input billing information.
Should you provide billing information for a Free Trial, no charges will occur until the Free Trial period concludes. On the final day of the Free Trial, if you haven’t canceled, the Company will automatically charge you for the selected Subscription type.
The Company retains the right to (i) alter the terms of the Free Trial offer, or (ii) terminate the Free Trial offer at any time without prior notice.
Promotions
Promotions offered via the Service might be subject to distinct rules apart from these Terms.
Should you engage in any Promotions, kindly peruse the pertinent rules along with our Privacy Policy. If the rules of a Promotion diverge from these Terms, the rules of the Promotion will take precedence.
User Accounts
When you establish an account with us, it is essential to furnish us with accurate, comprehensive, and up-to-date information at all times. Failing to do so constitutes a violation of the Terms, which could lead to immediate termination of your account on our Service.
You bear the responsibility of safeguarding the password used to access the Service and for any activities or actions associated with your password, regardless of whether it pertains to our Service or a Third-Party Social Media Service.
You commit to not revealing your password to any third party. In the event of detecting any security breach or unauthorized account usage, you must promptly inform us.
Using another person’s or entity’s name as your username, employing a name or trademark already under someone else’s rights without proper authorization, or selecting a name that is offensive, vulgar, or obscene is strictly prohibited.
Content
Your Posting Privileges for Content
Our Service grants you the ability to post Content. It’s your responsibility to ensure that the Content you post on the Service is legal, reliable, and appropriate.
When you post Content on the Service, you grant us the right and license to utilize, modify, publicly perform, publicly display, reproduce, and distribute that Content through the Service. Despite this license, you retain all rights to any Content you submit, post, or display on or through the Service, and you are accountable for safeguarding those rights. This license also allows other users of the Service to access and use your Content as per these Terms.
By posting Content, you affirm and assure that: (i) the Content belongs to you (you have ownership) or you possess the right to use it and grant us the rights and license outlined in these Terms, and (ii) posting your Content on the Service doesn’t infringe on the privacy, publicity, copyright, contract, or any other rights of any individual.
Content Limitations
The Company is not liable for the content generated by users of the Service. You explicitly comprehend and consent that you are exclusively accountable for the Content and any activity occurring under your account, whether executed by you or any third party using your account.
You are prohibited from transmitting Content that is illegal, offensive, disturbing, intended to disgust, threatening, libelous, defamatory, obscene, or otherwise objectionable. Examples of such objectionable Content include, but aren’t restricted to, the following:
- Promoting unlawful actions.
- Content that is discriminatory, defamatory, or mean-spirited, involving references or comments about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
- Spam, including unauthorized solicitation, chain letters, unsolicited advertising, and any form of lottery or gambling.
- Content containing viruses, malware, trojan horses, or any content designed to disrupt, damage, or restrict software, hardware, or telecommunications equipment or to unlawfully access third-party data or information.
- Violating proprietary rights, including patents, trademarks, trade secrets, copyrights, or rights of publicity.
- Impersonating any individual or entity, including the Company, its employees, or representatives.
- Intruding on the privacy of any third party.
- Providing false information.
The Company reserves the right, though not the obligation, to decide whether any Content aligns with these Terms and is suitable, and to decline or remove such Content. The Company also retains the right to format, edit, or modify Content as necessary. If you post objectionable Content, the Company can restrict or revoke your use of the Service. Since the Company cannot oversee all content from users and/or third parties on the Service, your use of the Service is undertaken at your own risk. You acknowledge the potential exposure to offensive, indecent, incorrect, or objectionable content and agree that the Company bears no responsibility for any content, including errors or omissions, or any loss or damage resulting from your use of such content.
Content Backups
While regular backups of Content are conducted, the Company does not guarantee the absence of data loss or corruption.
Corrupted or invalid backup points could arise due to various factors, such as Content corruption before being backed up or changes during the backup process.
The Company will offer support and address any known or identified issues affecting Content backups. However, you recognize that the Company bears no liability related to the integrity of Content or the inability to restore Content successfully to a functional state.
You consent to maintaining a complete, accurate copy of your Content in a location external to the Service.
Copyright Policy
Intellectual Property Violation
Our Service enables you to post Content. You bear responsibility for the Content you post on the Service, including its legality, dependability, and appropriateness.
If you are a copyright holder or authorized representative, and you believe there’s copyright infringement occurring on the Service, you must provide a written notice to our copyright agent via email at Support@dstmsystems.com. This notice should encompass a detailed description of the alleged infringement.
Misrepresenting that any Content infringes your copyright may hold you accountable for damages, including costs and legal fees.
DMCA Notice and Procedure for Copyright Infringement Claims
You can file a notification under the Digital Millennium Copyright Act (DMCA) by supplying our Copyright Agent with the following information in writing (refer to 17 U.S.C 512(c)(3) for further details):
- A digital or physical signature of an authorized person representing the copyright holder.
- A description of the copyrighted work you claim is infringed, along with the URL (web page address) where the work exists or a copy of the work.
- Identification of the specific location on the Service where the allegedly infringing material is found.
- Your address, contact number, and email.
- A statement from you affirming that you genuinely believe the disputed use is unauthorized by the copyright holder, its agent, or the law.
- A declaration from you, made under the risk of perjury, asserting the accuracy of the information in your notice and that you are the copyright holder or are authorized to act on the holder’s behalf.
You can contact our copyright agent at Support@dstmsystems.com. Upon receiving a notification, the Company will take appropriate action as deemed fit, including removing the contested content from the Service.
Intellectual Property
The Service and its original content (excluding Content provided by you or other users), features, and functionality remain the exclusive property of the Company and its licensors.
The Service is safeguarded by copyright, trademark, and other laws in both your Country and international jurisdictions.
You may not use our trademarks or trade dress without the prior written approval of the Company.
Your Feedback to Us
You confer all rights, title, and interest in any Feedback you provide to the Company. If for some reason this assignment is ineffective, you grant the Company a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to utilize, reproduce, disclose, sublicense, distribute, modify, and exploit the Feedback without limitations.
Links to Other Websites
Our Service might include links to third-party websites or services not owned or controlled by the Company.
The Company has no authority over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge that the Company won’t be liable for any damage or loss caused by or connected to the use of, or reliance on, any content, products, or services available on or through those third-party websites or services.
We strongly advise you to review the terms, conditions, and privacy policies of any third-party websites or services you visit.
Termination
We reserve the right to terminate or suspend your Account immediately, without prior notice or liability, for any reason, including breach of these Terms and Conditions.
Upon termination, your right to use the Service will cease instantly. If you wish to terminate your Account, simply discontinue using the Service.
Limitation of Liability
Irrespective of any potential damages, the entire liability of the Company and its suppliers under any provision of these Terms, and your sole remedy for any issues, will be restricted to the amount actually paid by you through the Service, or $100 USD if you haven’t made any purchases through the Service.
To the utmost extent permissible by applicable law, under no circumstances shall the Company or its suppliers be accountable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, loss of profits, data, or other information; business interruption; personal injury; loss of privacy connected to use or inability to use the Service; third-party software and hardware used with the Service; or any provision of these Terms). Even if advised of the potential for such damages and even if the proposed remedy fails its essential purpose.
In certain jurisdictions, excluding implied warranties or limiting liability for incidental or consequential damages isn’t permissible. In such cases, the liability of each party will be restricted to the greatest extent sanctioned by the law.
“AS IS” and “AS AVAILABLE” Disclaimer
The Service is provided to you “AS IS” and “AS AVAILABLE,” with all faults and defects, without any kind of warranty. To the maximum extent allowed by applicable law, the Company, along with its Affiliates, licensors, and service providers, disclaims all warranties, whether express, implied, statutory, or otherwise, regarding the Service. This includes implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and warranties arising from course of dealing, course of performance, usage, or trade practice. The Company provides no guarantee or commitment and makes no representation that the Service will meet your requirements, achieve intended results, be compatible with other software or services, operate without interruptions, meet performance or reliability standards, or be free of errors or defects.
In addition, neither the Company nor its providers make any express or implied representation or warranty about: (i) the operation or availability of the Service, or the content, information, and products included thereon; (ii) the uninterrupted or error-free nature of the Service; (iii) the accuracy, reliability, or currency of any content provided through the Service; or (iv) the absence of viruses, scripts, trojan horses, malware, worms, timebombs, or other harmful components in the Service, its servers, content, or emails sent by or on behalf of the Company.
Certain jurisdictions might not allow the exclusion of certain warranties or limitations on consumer rights, so some or all of the above exclusions and limitations may not apply to you. In such cases, the exclusions and limitations outlined in this section will be enforced to the maximum extent permitted by applicable law.
Governing Law
The laws of the country, excluding its conflict of law principles, will govern this Agreement and your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
Dispute Resolution
If you have any concerns or disputes about the Service, you agree to first attempt to resolve the matter informally by contacting the Company.
For European Union (EU) Users
If you are an EU consumer, you will benefit from any mandatory provisions of the law in the country where you reside.
United States Federal Government End Use Provisions
For U.S. federal government end users, our Service qualifies as a “Commercial Item” as defined in 48 C.F.R. §2.101.
United States Legal Compliance
You confirm that (i) you are not situated in a country subject to U.S. government embargo, or designated as a “terrorist supporting” country by the U.S. government, and (ii) you are not listed on any U.S. government list of prohibited or restricted parties.
Severability and Waiver
Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision will be revised to achieve its intent to the maximum extent possible under the law, and the remaining provisions will remain in effect.
Waiver
Except as specified here, failing to enforce a right or require performance under these Terms will not prevent a party from exercising that right or demanding performance later, nor will waiving a breach constitute waiving any subsequent breaches.
Translation Interpretation
These Terms and Conditions might have been translated for your convenience. In the event of a dispute, the original English text will prevail.
Changes to These Terms and Conditions
We retain the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is substantial, we will make reasonable efforts to provide you with at least 30 days’ notice before the new terms take effect. What constitutes a substantial change will be decided solely by us.
By continuing to access or use the Service after the revised terms come into effect, you agree to abide by the updated terms. If you disagree with the new terms, wholly or partially, please discontinue using the website and the Service.
Contact Us
If you have any inquiries regarding these Terms and Conditions, you may reach out to us:
Via email: support@dstmsystems.com By visiting the following page on our website: https://dstmsystems.com/