Terms of Use - Effective 9/16/24

This document and the other documents that we reference below make up our Terms of Use (the “Terms” for short).The Terms are a legally binding contract between you and Aginci, Inc. (Aginci).
Please note thatcontains an arbitration clause and class action waiver, applicable to users in North America, and explains how to opt out of arbitration. Unless you validly opt out, you agree to resolve any disputes with Aginci exclusively through binding individual arbitration, with only limited exceptions. This means you and Aginci are waiving the right to sue in court, have a trial by jury, or participate in a class or representative action. Please read this Section carefully, as it affects your rights.This contract sets out your rights and responsibilities when you use Aginci.com, our mobile apps, and the other services provided by Aginci (we’ll refer to all of these collectively as our “Services”), so please read it carefully. By using any of our Services (even just browsing one of our websites or apps), you’re agreeing to the Terms.

If you don’t agree with the Terms, you may not use our Services.

You’ll need to create an account with Aginci to use some of our Services. Here are a few rules about accounts with Etsy:

‍A. You must be 18 years or older to use our Services.  You are responsible for any and all account activity conducted by a minor on your account, and there may be commercial products or services available that you may want to consider to limit a minor's access to material online.

‍B. Be honest with us. Provide accurate information about yourself. It’s prohibited to use false information or impersonate another person or company through your account.

‍C. Choose an appropriate name. If you decide to not have your full name serve as the name associated with your account, you may not use language that is offensive, vulgar, infringes someone’s intellectual property rights, or otherwise violates the Terms.

‍D. You're responsible for your account. You’re solely responsible for any activity on your account. If you’re sharing an account with other people, then the person whose financial information is on the account will ultimately be responsible for all activity. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Accounts are generally not transferable.

‍E. Protect your password. As we mentioned above, you’re solely responsible for any activity on your account, so it’s important to keep your account password secure.

‍‍F. Our relationship. These Terms don't create any agency, partnership, joint venture, employment, or franchisee relationship between you and Aginci.

Content that you post using our Services is your content (so let’s refer to it as “Your Content”). We don’t make any claim to it, which includes anything you post using our Services (like vendor names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, usernames, etc.).

‍A. Responsibility for Your Content. You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to all parts of Your Content and that you’re not infringing or violating any third party’s rights by posting it.

‍B. Permission to Use Your Content. By posting Your Content through our Services, you grant Aginci and, as authorized by Aginci in its sole discretion, third parties, a license to use it. We don’t claim any ownership to Your Content, but we have your permission to use it to help Aginci function and grow. That way, we won’t infringe any rights you have in Your Content and we can help promote it. For example, you acknowledge and agree Aginci may offer you or Aginci buyers promotions on the Site, from time to time, that may relate to your listings or other listings on Aginci.

‍C. Rights You Grant Aginci. (Here’s the legal speak version of the last section). By posting Your Content, you grant Aginci and, as authorized by Aginci in its sole discretion, third parties, a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content. This allows us to provide the Services and to promote Aginc, your Aginci offerings, other offerings and vendors, or the Services in general, in any formats and through any channels, including across any Aginci Services, our partners, or third-party website or advertising medium. You agree not to assert any moral rights or rights of publicity against us for using Your Content. You also recognize our legitimate interest in using it, in accordance with the scope of this license, to the extent Your Content contains any personal information.

We use this to grow Aginci. Here are some examples: if you upload a photo or video of a listing to Aginci, we have permission to display it to buyers, and we can resize or enhance it to highlight your product on our social media channels (or in presentation decks, etc.)

‍D. Reporting Unauthorized Content. Aginci has great respect for intellectual property rights, and is committed to following appropriate legal procedures to remove infringing content from our Services. If content that you own or have rights to has been posted to the Services without your permission and you want it removed, please email us at info@aginci.com. If Your Content is alleged to infringe another person’s intellectual property, we will take appropriate action, such as disabling it if we receive a report of infringement that complies with our policies, or terminating your account if you are found to be a repeat infringer. We’ll notify you if any of that happens.

‍E. Inappropriate, False, or Misleading Content. There are certain types of content we don’t want posted on Aginci's Services (for legal reasons or otherwise). You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive or in violation of any part of our Terms. You also agree not to post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive.

License to Use Our Services. We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services—subject to the Terms and the following restrictions in particular:

‍A. Don’t Use Our Services to Break the Law. You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal, and international laws that may apply to you. For example, it’s your responsibility to obtain any permits or licenses that your shop requires, and to meet applicable legal requirements in applicable jurisdiction(s). This includes the sale and delivery of your items, such as age verification upon delivery, where required by law. You may not sell anything that violates any laws and you may not engage in fraud (including false claims or infringement notices), theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against Aginci, another Aginci user, or a third party.

‍B. Pay Your Bills. You are responsible for paying all fees that you owe to Aginci. Except as set forth below, you are also solely responsible for collecting and/or paying any applicable taxes for any purchases or sales you make through our Services. Where applicable, Aginci will calculate, collect and remit value-added tax or VAT and sales tax. Some countries may refer to VAT using other terms, e.g. Goods and Services Tax (GST), but we’ll just refer to VAT, GST, and any local sales taxes collectively as “VAT.”

‍C. Don’t Steal. You agree not to crawl or scrape any page of the Services or to reverse engineer or attempt to obtain the source code of the Services (including both Aginci Intellectual Property and Seller Content) without our express permission.

D. Don’t Try to Harm Our Systems. You agree not to interfere with or try to disrupt our Services, for example by distributing a virus, excessive requests to our site or platform, or other harmful computer code.

‍E. Follow Our Trademark Policy. The name "Aginci" and the other Aginci marks, phrases, logos, and designs that we use in connection with our Services (the Aginci Trademarks), are trademarks, service marks, or trade dress of Aginci in the US and other countries. If you’d like to use our trademarks, you agree to follow our Trademark Policy.

‍F. Share Your Ideas. We love your suggestions and ideas! They can help us improve your experience and our Services. Any ideas or other materials you submit to Aginci (not including Your Content or items you sell through our Services) are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.

‍G. Talk to Us Online. From time to time, Etsy will provide you with certain legal information in writing. By using our Services, you’re agreeing to our Electronic Communications Policy, which describes how we provide that information to you. It says that we can send you information electronically (such as by email) instead of mailing you paper copies (it’s better for the environment), and that your electronic agreement is the same as your signature

Termination By You. We'd hate to see you go, but you may terminate your account with A at any time from your account settings. Terminating your account will not affect the availability of some of Your Content that you posted through the Services prior to termination. Y.

‍Termination By Etsy. We may terminate or suspend your account (and any accounts Aginci determines are related to your account) and your access to the Services should we have reason to believe you, your Content, or your use of the Services violate our Terms. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services, for example, to sell or buy on our websites or mobile apps. Generally, Aginci will notify you that your account has been terminated or suspended, unless you’ve repeatedly violated our Terms or we have legal or regulatory reasons preventing us from notifying you.If you or Aginci terminate your account, you may lose any information associated with your account, including Your Content.

‍We May Discontinue the Services Aginci reserves the right to change, suspend, or discontinue any of the Services for you, any or all users, at any time, for any reason, including those laid out in Aginci’s policies under these Terms of Use. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services.

‍Survival. The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.