1. You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service.
2. To access and use the Services, you must register for a Digital Factory account (“Account”) by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. Kraftwurx may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.
3. You acknowledge that Kraftwurx will use the email address you provide as the primary method for communication.
4. You are responsible for keeping your password secure. Kraftwurx cannot and will not be liable for any loss or damage from your failure to maintain the security of your Digital Factory account and password.
5. You are responsible for all activity and content such as data, graphics, photos and links that is uploaded under your Digital Factory Account (“Store Content”). You must not transmit any worms or viruses or any code of a destructive nature.
6. A breach or violation of any term in the Terms of Service as determined in the sole discretion of Kraftwurx will result in an immediate termination of your services.

1. Subject to section 2.2, the person signing up for the Service will be the contracting party (“Account Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding account we may provide to the Account Owner in connection with the Service.
2. If you are signing up for the Service on behalf of your employer, your employer shall be the Account Owner. If you are signing up for the Service on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Terms of Service.
3. To use our service you must have a PayPal account. Upon completion of sign up for the Service, you must provide a valid PayPal account or Digital Factory will create a PayPal account on your behalf, using your email address. Depending on your location. Your site may not go live until your PayPal account is validated.
4. You acknowledge that PayPal will be your default payments gateway(s) and that it is your sole responsibility as the Account Owner to activate and maintain these accounts. If you do not wish to keep either of the payment accounts active, it is your responsibility to deactivate them.
5. Digital Factory does not currently offer domains through our service. You may use any company to purchase a domain for use with our system. Should this service become available, you will be notified. You acknowledge that it is your sole responsibility to renew your domain otherwise your service could be affected.

You must read, agree with and accept all of the terms and conditions contained in these Terms of Service and the Privacy Policy before you may become a member of Digital Factory from Kraftwurx.

1. Technical support is only provided to paying Account holders and is only available via email for all accounts except Premium accounts.
2. The Terms of Service shall be governed by and interpreted in accordance with the laws of the State of Texas in the United States, without regard to principles of conflicts of laws. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Texas with respect to any dispute or claim arising out of or in connection with the Terms of Service. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.
3. You acknowledge and agree that Kraftwurx may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on the Digital Factory website, available at https://www.digitalfactory3d.com/legal/terms and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Services after the amended Terms of Service are posted to the Digital Factory website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service.
4. You may not use the Digital Factory service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws) as well as the laws of the United States.
5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Kraftwurx or Digital Factory.
6. You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use Digital Factory or Kraftwurx trademarks and/or variations and misspellings thereof
7. Questions about the Terms of Service should be sent to support@DigitalFactory3d.com.
8. You understand that your Store Content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.
9. You acknowledge and agree that your use of the Service, including information transmitted to or stored by Digital Factory, is governed by its privacy policy at https://www.digitalfactory3d.com/legal/privacy 

1. We reserve the right to modify or terminate the Service for any reason, without notice at any time.
2. We reserve the right to refuse service to anyone for any reason at any time.
3. We may, but have no obligation to, remove Store Content and Accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
4. Verbal or written abuse of any kind (including threats of abuse or retribution) of any Digital Factory customer, Digital Factory employee, member, or officer will result in immediate Account termination.
5. Digital Factory does not pre-screen Store Content and it is in our sole discretion to refuse or remove any Store Content that is available via the Service.
6. We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that Shopify employees and contractors may also be Digital Factory customers/merchants and that they may compete with you, although they may not use your confidential information in doing so.
7. In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, etc.
8. Digital Factory retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful owner. If we are unable to reasonably determine the rightful Account owner, Digital Factory reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.

1. You expressly understand and agree that Digital Factory shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.
2. In no event shall Digital Factory or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Digital Factory partners, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
3. Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
4. Digital Factory does not warrant that the Service will be uninterrupted, timely, secure, or error-free.
5. Digital Factory does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
6. Digital Factory does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.

The failure of Digital Factory to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Digital Factory and govern your use of the Service, superseding any prior agreements between you and Digital Factory (including, but not limited to, any prior versions of the Terms of Service).

1. We do not claim any intellectual property rights over the material you provide to the Digital Factory service. All material you upload remains yours. You can remove your Digital Factory store at any time by deleting your Account.
2. By uploading Store Content, you agree: (a) to allow other internet users to view your Store Content; (b) to allow Digital Factory to display and store your Store Content; and (c) that Digital Factory can, at any time, review all the Store Content submitted by you to its Service.
3. You retain ownership over all Store Content that you upload to a Digital Factory store; however, by making your store public, you agree to allow others to view your Store Content. You are responsible for compliance of Store Content with any applicable laws or regulations.
4. We will not disclose your confidential information to third parties, except as required in the course of providing our services. Confidential information includes any materials or information provided by you to us which is not publicly known. Confidential information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose.
5. Digital Factory shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your store to promote the Service.

In addition to the terms applicable to Services generally, the following terms apply to your access and use of the POS Kiosk system ("Kiosk"). The Kiosk Services include the Digital Factory software (“Kiosk Software”), the Digital Factory Kiosk website, located at https://www.digitalfactory3d.com/pos, programs, documentation, apps, tools, internet-based services and components, Digital Factory's Kiosk hardware (“Kiosk Equipment”) and any updates thereto provided to you by Digital Factory.

1. Access to and use of the Kiosk Services requires that you have an active and valid Account.
2. The payment gateway used for your Kiosk Services must the same as that used for your Online Services.
3. You can terminate your Kiosk Services without terminating your Account or any other Services you subscribe to, and in such case, you will continue to be billed, and will pay for, the Services (other than the terminated POS Services).
4. You agree to use the Kiosk Services in accordance with all procedures that may be provided by Digital Factory from time to time.
5. While the Kiosk Services use encryption technology, and the law generally prohibits third parties from monitoring transmission, we cannot guarantee security with respect to the connection to the Kiosk Services, and we will not be liable for any unauthorized access to or use of data transmitted via the Kiosk Services.
6. Kiosk Equipment is purchased, and not leased. Purchase of the Kiosk Equipment is subject to the Kiosk Equipment Agreement, located at https://www.DigitalFactory3d.com/legal/notice. Upon payment for and acceptance of delivery of any Kiosk Equipment, you will acquire ownership of and title to the hardware components of the Kiosk Equipment, and you will be licensed to access and use all Kiosk Software installed in the Kiosk Equipment (and any updates thereto), on a limited, non-exclusive, revocable, non-sub-licensable, non-transferable basis, solely for the purposes of using the Kiosk Services. Kiosk Equipment is subject to our Return Policy, which can be found at https://www.digitalfactory3d.com/pages/return-policy. Returns and refunds are not available for physical gift cards purchased from the Digital Factory Hardware Store.
7. The fees for Kiosk Services shall be determined based on the number of locations using the Kiosk Services. Locations are defined by business address and are used for associating orders with a specific business address. Locations are added through the Digital Factory web administrative console. The number of locations using Kiosk Services will also be detected by us and billed accordingly as part of your regular Billing Cycle. In the event of any discrepancy between the number of locations added by you through the Digital Factory web administrative console and the number of locations detected by Digital Factory , the number of locations detected by Digital Factory shall be deemed to be correct.

1. You may establish the appearance of your Digital Factory store with a design template from Digital Factory's Theme Store (“a Theme”). If you download a Theme, you are licensed to use it for a single store only. You are free to transfer a Theme to a second one of your own stores if you close your first store. You are not permitted to transfer or sell a Theme to any other person’s store on Digital Factory or elsewhere. Multiple stores require multiple downloads and each download is subject to the applicable fee. Digital Factory gives no assurance that a particular Theme will remain available for additional downloads.
2. You may modify the Theme to suit your store. Digital Factory may add or modify the footer that refers to Digital Factory at its discretion. Digital Factory may modify the Theme where it contains, in our sole discretion, an element that may be unlawful, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any person’s intellectual property, even if you received the Theme in that condition. Digital Factory may modify the Theme to reflect technical changes and updates as required.
3. The intellectual property rights of the Theme remain the property of the designer. If you exceed the rights granted by your purchase of a Theme, the designer may take legal action against you, and Digital Factory may take administrative action such as modifying your store or closing your store.
4. Technical support for a Theme is the responsibility of the designer, and Digital Factory accepts no responsibility to provide such support for free. Shopify may be able to help you for a service fee or put you in touch with a designer to help.
5. It is the responsibility of the user, and not Digital Factory, to ensure that the installation of a new theme does not overwrite or damage the current or preexisting theme, or UI, of the user.

1. Digital Factory Experts is an online directory of independent third parties ("Experts") that can help you build and operate your Digital Factory store. Digital Factory does not employ Experts and is in no way affiliated with experts.
2. Digital Factory does not endorse Experts and takes no responsibility for any work performed by Experts or failure to fulfill a work order. Links to websites of Experts, announcements about services or offers, and responses to email inquiries regarding Experts, are provided solely for informational purposes at the discretion of Digital Factory and shall not be construed or imply permission, or an affiliation, position regarding any issue in controversy, authentication, appraisal, sponsorship, nor a recommendation or endorsement of any website, product, service, activity, business, organization, or person, and any offers, products, services, statements, opinions, content or information on any linked third-party website.
3. Under no circumstances shall Digital Factory be liable for any direct, indirect, incidental, special, consequential, exemplary or other damages whatsoever, including, without limitation, any direct, indirect, incidental, special, consequential, exemplary or other damages that result from any contractual relationship between you and Digital Factory experts. These limitations shall apply even if Digital Factory has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by law.

1. A valid credit card is required for Accounts able to process orders using a live payment gateway. Accounts used for development purposes (unable to process orders using a live payment gateway) do not require a valid credit card.
2. The service will be billed in 30 day intervals. When your billing period is over the Account Owner will be sent an invoice via the email provided. As well, an invoice will appear on the Account page of your Shopify administration console. Users have approximately two weeks to bring up and settle any issues with the billing.
3. All fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”).
4. You are responsible for all applicable Taxes that arise from or as a result of your subscription to or purchase of Digital Factory's products and services and any tax liability for selling products in your own state, province or location using our services. Taxes are based on the billing address you provide to Digital Factory in your control panel. This also means that you are responsible for collecting taxes and paying them to any legal or government entity according to your local laws and regulations. Most ECommerce Transactions are exempt from Taxes however; certain jurisdictions are not exempt. Kiosks are also considered a local transaction. If you are exempt from payment of such Taxes, you must provide us with an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive such a certificate.
5. If you are resident in the U.S., Taxes may apply to your subscription to or purchase of some or all of Digital Factory's products and services, including without limitation, your subscription to or purchase of Digital Factory's Online Services, Kiosk Services, Kiosk Equipment, apps, Themes and more (“Taxable Offerings”). Any applicable Taxes are based on the rates applicable to the U.S. billing address you provide to us, and will be calculated at the time of purchase of the applicable Taxable Offerings. Such amounts are in addition to fees for the Taxable Offerings and will be billed to the credit card you use to pay for the Taxable Offerings. If you are exempt from payment of such Taxes, you must provide us with an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive such a certificate.
6. If you are not a resident of the United States., and not subject to Canadian Goods and Services Tax/Harmonized Sales Tax (GST/HST) in respect of your subscription to or purchase of Digital Factory's products and services, you must provide us with a statement by email to accounting@digitalfactory3d.com stating that: (i) you are not a resident of Canada or the U.S.; (ii) you are not GST/HST registered; and (iii) to the extent that you are an individual and not a corporation or other legal entity, you were not physically present in Canada when Shopify’s products and services were made available to you. The statement should also include your complete home and/or business location address. If you do not provide such information, you will be charged for Taxes applicable to your subscription to or purchase of Shopify’s products and services, which will be billed to your credit card until after such time that you provide us with the information described above. To the extent that you are an individual and not a corporation or other legal entity, and your location of usage changes to a place in Canada or the U.S., you must advise us immediately by email to accounting@shopify.com.
7. Even if you are not a resident of the United States and you provide documentation outlined in line 6 above; and Digital Factory/Kraftwurx produce merchandise for you, you may still responsible for Taxes where the merchandise is produced since Digital Factory/Kraftwurx fill orders in certain jurisdictions for you.
8. Shopify does not provide refunds.

1. You may cancel your Account at anytime by emailing support@digitalfactory3d.com and then following the specific instructions indicated to you in Digital Factory's response.

2. Upon termination of the Services by either party for any reason:

   1. Digital Factory will cease providing you with the Services and you will no longer be able to access your Account;
   2. unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any fees, pro rata or otherwise;
   3. any outstanding balance owed to Digital Factory for your use of the Services through the effective date of such termination will immediately become due and payable in full; and
   4. your store website will be taken offline.
   5. Your web store even though offline will be maintained for 60 days in case you re-subscribe and will still hold all content. After 60 days offline your content will be deleted.

3. If at the date of termination of the Service, there are any outstanding fees owing by you, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.

4. We reserve the right to modify or terminate the Digital Factory Service or your Account for any reason, without notice at any time.

5. Fraud: Without limiting any other remedies, Digital Factory may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.

1. Prices for using the Services are subject to change upon 30 days notice from Digital Factory. Such notice may be provided at any time by posting the changes to the Digital Factory Site (shopify.com) or the administration menu of your Digital Factory store via an announcement.
2. Digital Factory reserves the right at any time, and from time to time, to modify or discontinue, the Service (or any part thereof) with or without notice.
3. Digital Factory shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

1. In addition to these Terms of Service, you also agree to be bound by the additional service-specific terms applicable to services you purchase from, or that are provided by, Digital Factory's partners or other third parties.
2. Digital Factory may from time to time recommend, provide you with access to, or enable third party software, applications (“Apps”), products, services or website links (collectively, “Third Party Services”) for your consideration or use, including via the Digital Factory App Store. Such Third Party Services are made available only as a convenience, and your purchase, access or use of any such Third Party Services is solely between you and the applicable third party services provider (“Third Party Provider”). Any use by you of Third Party Services offered through the Services or Digital Factory's website is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions and/or privacy policies applicable to such Third Party Services before using them.
3. We do not provide any warranties with respect to Third Party Services. You acknowledge that Digital Factory has no control over Third Party Services, and shall not be responsible or liable to anyone for such Third Party Services. The availability of Third Party Services on Digital Factory's websites, including the Digital Factory App Store, or the integration or enabling of such Third Party Services with the Services does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with Digital Factory. Digital Factory strongly recommends that you seek specialist advice before using or relying on Third Party Services, to ensure they will meet your needs. In particular, tax calculators should be used for reference only and not as a substitute for independent tax advice when assessing the correct tax rates you should charge to your customers.
4. If you install or enable a Third Party Service for use with the Services, you grant us permission to allow the applicable Third Party Provider to access your data and to take any other actions as required for the interoperation of the Third Party Service with the Services, and any exchange of data or other interaction between you and the Third Party Provider is solely between you and such Third Party Provider. Digital Factory is not responsible for any disclosure, modification or deletion of your data or Store Content, or for any corresponding losses or damages you may suffer, as a result of access by a Third Party Service or a Third Party Provider to your data or Store Content.
5. Under no circumstances shall Digital Factory be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages whatsoever, that result from any Third Party Services or your contractual relationship with any Third Party Provider, including any Expert. These limitations shall apply even if Digital Factory has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by applicable law.

Digital Factory supports the protection of intellectual property and asks Digital Factory merchants to do the same. It's our policy to respond to all notices of alleged copyright infringement. If someone believes that one of our merchants is infringing their intellectual property rights, they can send a DMCA Notice to Digital Factory's designated agent using our form. Upon receiving a DMCA Notice, we may remove or disable access to the material claimed to be a copyright infringement. Once provided with a notice of takedown, the merchant can reply with a counter notification using our form if they object to the complaint. The original complainant has 14 business days after we receive a counter notification to seek a court order restraining the merchant from engaging in the infringing activity, otherwise we restore the material. For more information, see our DMCA Notice and Takedown Procedure

17. Manufacturing Services

Digital Factory provides tools for manufacturing too. Our system provides 3D Printer owners with tools to manage your production. These services are offered as a paid service as well. All terms outlined with the terms of service are applicable to the use of these tools as well with a few exceptions:

1. In addition to the terms outlined herein, the use of Digital Factory's manufacturing software is restricted to users who own 3D Printers and use them to produce their own products. This means you own 3D Printers and use them to print merchandise using 3D Printers.
2. If orders are completely produced using your printers there is no issue however; if you use Kraftwurx for volumes that are greater than you can produce (you cannot keep up) then we may charge taxes for orders produced in Texas or several other states.