1. Introduction and Acceptance of Terms

Welcome to Craftbench, Inc. (“Craftbench,” “we,” “us,” or “our”). We provide our customers with access to premium crafting tools, resources, and an online community platform through our website and services. These Terms and Conditions ("Terms") govern your use of the Craftbench website, mobile application, products, and services (collectively, the "Services").

By accessing or using any part of our Services, you (“User,” “you,” or “your”) agree to be bound by these Terms, which form a legally binding contract between you and Craftbench, Inc. If you do not agree to all the terms and conditions of this agreement, you may not use the Services.

If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising to Craftbench that you have the authority to bind that organization to these Terms (in which case, "you" and "your" will refer to that organization).

Please read these Terms carefully before you start to use our Services.

2. Changes to Terms

We reserve the right to update and change these Terms from time to time without notice. Any new features or tools that are added to the current Services shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

3. Access and Use of the Services

a. Eligibility: You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.

b. Account Registration: If you create an account on the Services, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. You must immediately notify us of any unauthorized uses of your account or any other breaches of security.

c. Account Information: You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. Craftbench reserves the right to suspend or terminate your account if any information provided during the registration process or thereafter proves to be inaccurate, not current, or incomplete.

4. Privacy Policy

Your privacy is important to us. Our Privacy Policy explains how we collect, use, and protect the personal information you provide to us in connection with your use of the Services. By using our Services, you agree to the collection and use of this information in accordance with our Privacy Policy.

5. Communications, Fees, and Payment

By creating an account on our Services, you agree to subscribe to newsletters, marketing or promotional materials, and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription. All financial transactions conducted in connection with the Service will be processed by a third-party payment processor designated by us. By choosing to use paid aspects of the Service, you agree to the terms and conditions governing all such transactions, which may include processing fees associated with the management of these transactions. Unless required by law, paid Subscription fees are non-refundable.

6. Usage Restrictions

a. Prohibited Activities: You are expressly prohibited from attempting to access the backend infrastructure of the Services, interfere with our delivery of the Services, or circumvent any of our security measures. You may not use our Services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction.

b. Use Limitations: You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services, use of the Services, or access to the Services without the express written permission by Craftbench.

c. Technical Restrictions: You agree not to engage in any activity that may disrupt or interfere with the functionality of our Services. This includes overloading, "flooding," "spamming," "mail bombing," or "crashing" the Services.

7. Intellectual Property Rights

a. Ownership: All intellectual property rights in the Services, including but not limited to design, databases, text, graphics, images, software, and other files, and the selection and arrangement thereof are the proprietary property of Craftbench, Inc. or its licensors. You agree not to modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, or otherwise exploit any of the Services.

b. Trademarks: The trademarks, logos, and service marks ("Marks") displayed on the Services are the property of Craftbench or third parties. You are not permitted to use these Marks without the prior written consent of Craftbench or such third party which may own the Mark.

8. User Content

User Responsibility: You are solely responsible for the content and other materials that you upload, publish, display, link to, or otherwise make available (hereinafter, "post") on the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand that whether or not such User Content is published, Craftbench does not guarantee any confidentiality with respect to any submissions.

Content Standards: User Content must comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Content must not:

Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.

Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

Infringe any patent, trademark, trade secret, copyright, or other intellectual property rights of any other person.

Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy.

Be likely to deceive any person.

Promote any illegal activity, or advocate, promote, or assist any unlawful act.

Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.

Rights Granted by You: By posting any User Content on the Service, you grant to Craftbench a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, modify, create derivative works from, perform, and distribute your User Content on Craftbench or across other platforms for the purposes of operating, developing, providing, promoting, and improving the Services and researching and developing new ones. This license continues even if you stop using our Service (for example, for a business listing you have added to Craftbench).

9. Disclaimers and Limitations of Liability

a. Service "As Is": The Services and all included content are provided on an "as is" basis without warranty of any kind, whether express or implied. Craftbench specifically disclaims any and all warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement, and any warranties arising out of course of dealing or usage of trade.

b. Liability Limits: Craftbench takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or transmits using our Services. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.

c. Indemnification: You agree to defend, indemnify, and hold harmless Craftbench and its officers, directors, employees, and agents, from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your User Content or your use of the Services, (ii) your breach of these Terms, or (iii) your violation of any rights of another.

10. Modifications to the Services and Prices

a. Service Changes: Craftbench reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time. You agree that Craftbench shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service. We will endeavor to notify you of material changes to the Services or changes that could adversely affect your access to or use of the Services, by sending an email to the email address registered in your account or by generating a pop-up or similar notification when you access the Service.

b. Price Adjustments: Prices of all Services, including but not limited to monthly subscription plan fees to the Services, are subject to change upon 30 days' notice from us. Such notice may be provided at any time by posting the changes to the Craftbench site or the Service itself.

11. Termination

a. By Craftbench: We may terminate or suspend your access to and use of the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination of your access, your right to use the Services will immediately cease.

b. By You: If you wish to terminate your account, you may simply discontinue using the Services. Please contact us to deactivate your account or delete any associated data.

c. Survival: All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

12. Dispute Resolution

a. Arbitration Agreement: Any dispute, controversy, difference, or claim arising out of or relating to this agreement, including the existence, validity, interpretation, performance, breach, or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be Delaware, USA. The language to be used in the arbitral proceedings shall be English. The governing law of the contract shall be the substantive law of Delaware. The cost of the arbitration, including administrative and arbitrator fees, will be shared equally by the parties unless the arbitrator decides that the fees should be allocated differently as part of a substantive award. Each party will be responsible for its own attorneys' fees and legal costs. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND CRAFTBENCH ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

b. Exceptions: Despite the provisions of the above, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (i) bring an individual action in small claims court; (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available; (iii) seek injunctive relief in a court of law; or (iv) to file suit in a court of law to address intellectual property infringement claims.

13. Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

14. Notices

a. Method of Notice: Craftbench may send you any notices via email to the address provided to us, or by posting on the Service. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

b. User Notifications: It is your responsibility to keep your email address current and to timely check your email to receive any notices.

15. Amendments

We reserve the right, at our sole discretion, to amend these Terms at any time and will update these Terms in the event of any such amendments. We will notify you of material changes to these Terms at least 30 days prior to the change taking effect by posting a notice on our website or sending you a notification. Your continued use of the Service following the effectiveness of any amendments to these Terms constitutes acceptance of those amendments.

16. Third-Party Rights

These Terms do not give any third-party beneficiary rights. You agree that your account is non-transferable and that all of your rights to your account and its content terminate upon your death, unless otherwise provided by law. Any rights and licenses granted hereunder may not be transferred or assigned by you without our prior written consent, but may be assigned by us without restriction. Any attempted transfer or assignment in violation thereof shall be null and void.

17. No Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Craftbench's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

18. Severability

If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

19. Force Majeure

Neither party shall be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond such party's reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.

20. Copyright and Content Ownership

a. Copyright Ownership: All rights, title, and interest in and to the Services (excluding content provided by users) are and will remain the exclusive property of Craftbench, Inc. and its licensors. Craftbench logos, trademarks, and service marks, and all other marks associated with the Services are trademarks or registered trademarks of Craftbench, Inc. or its licensors.

b. Respect for Copyright: 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 Craftbench.

21. DMCA Copyright Infringement Notice Procedure

a. Notices: If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible through the Service, please notify our copyright agent in accordance with the Digital Millennium Copyright Act ("DMCA"). For your complaint to be valid under the DMCA, you must provide the following information in writing:

An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright interest;

A description of the copyrighted work that you claim has been infringed;

A description of where the material that you claim is infringing is located on the Service;

Your address, telephone number, and email address;

A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

A statement made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

b. Counter-Notices: If material that you have posted to the Service has been taken down, you may file a counter-notification that contains the following details:

Your physical or electronic signature;

A description of the material that has been taken down and the original location of the material before it was taken down;

A statement under penalty of perjury that you believe that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;

Your name, address, and telephone number;

A statement that you consent to the jurisdiction of the federal district court for the judicial district in which the address is located, or if your address is outside of the USA, for any judicial district in which Craftbench may be found, and that you will accept service of process from the person who provided notification of the alleged infringement.

c. Designated Agent: The notification must be submitted to the following designated agent:

DMCA Agent

Craftbench, Inc.

1111b South Governors Avenue, Dover, DE 19904

Email: dmca@craftbench.ai

d. Repeat Infringer Policy: In accordance with the DMCA and other applicable law, Craftbench has adopted a policy of terminating, in appropriate circumstances and at Craftbench's sole discretion, users who are deemed to be repeat infringers. Craftbench may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

21. Entire Agreement

These Terms and our Privacy Policy are the entire and exclusive agreement between Craftbench and you regarding the Services, and these Terms supersede and replace any prior agreements between Craftbench and you regarding the Services. Other than members of the group of companies of which Craftbench, Inc. is the parent, no other person or company will be third-party beneficiaries to the Terms.