Terms and conditions of DholeByte's services

Last update: 10/1/2024

1. General provisions
   1. The information below, together with the Privacy Notice and any other documentation on the Platform is intended to provide knowledge about DHOLEBYTE, provide Users and Providers with the rules of acceptable behavior on the Platform and establish basic guidelines for people who operate through the Platform.
   2. The Platform is an online venue that provides video game enthusiasts with a safe space to connect and purchase various gaming-related content offered by DHOLEBYTE or other Providers participating in the Platform.
   3. Note that, the Platform is an online store and all transactions are carried out between users (consumers) and suppliers of DholeByte. Unless otherwise indicated on the respective pages of a specific product. In certain cases, some products may be sold by suppliers external to the DHOLEBYTE team, even in these cases, your purchase is protected and safeguarded by the platform.
   4. For the avoidance of doubt:
      1. Sales or transactions carried out through the Platform are carried out between the respective Users (consumers) and the Company (DHOLEBYTE).
      2. Users can also transact directly with other suppliers who are clients of the company (DHOLEBYTE).
      3. DHOLEBYTE also provides secondary services related to the creation and maintenance of the Platform and the provision of additional services in order to ensure a smooth and secure experience for users (end consumers) and suppliers (platform clients).
      4. These Terms and Conditions do not govern the terms of use for receiving and making payments through the Platform. Additionally, please note that DHOLEBYTE uses the payment services of MercadoPago and Paypal to assist in transactions carried out between end consumers and the company, or between end Consumers and Suppliers of the platform. Such payment services are subject to the Paypal User Terms of Use and the < a href=”https://www.paypal.com/myaccount/privacy/privacyhub”>Paypal Privacy Notice
      5. In particular, these Terms and Conditions do not set the terms of specific transactions entered into between users and the company, or Users and Suppliers, such as the purchase price, content and quality of Digital Content, security provisions, warranty and liability related to the sale of Digital Content through the Platform. DHOLEBYTE does not verify the veracity and accuracy of the data provided by Platform Providers not belonging to the company’s team.
   5. Notwithstanding the foregoing, solely for the purpose of maintaining the DHOLEBYTE brand, ensuring the proper functioning of the Platform and avoiding unfair practices and illegal activities on the Platform, DHOLEBYTE reserves the right to establish general guidelines related to the sale and purchase of digital content or physical products through the Platform.
   6. Please note that these Terms and Conditions may change from time to time to ensure your security and the proper functioning of the platform. DHOLEBYTE seriously advises its clients (end and suppliers) to read the Terms and Conditions from time to time to be aware of the particular terms in force at all times.
2. Definitions
   Account–an account that provides the User or the Provider with the ability to use the Services provided on the Platform and obtain all the benefits thereof.

Digital Content –digital content that has the activation code or coordinates of a virtual product that can be used only after it is activated on the End User’s computing platform or other digital content offered for purchase by Providers through the Platform.

DHOLEBYTE – DholeByte with registered office at: Calle Monterrey 29 – Los Olivos (Peru)

Platform – this platform that is available on the Internet under the address: http://dholebyte.com

Privacy notice– rules that establish the personal data protection and privacy processes applied by DHOLEBYTE.

Sales Contract – any contract between the User and the Provider by which the Provider undertakes to transmit to the User access to the Digital Content, and the User to pay the price thereof.
Service – one of the services provided by DHOLEBYTE as described in these Terms and Conditions.

Terms and Conditions – this set of rules that establishes the rights and obligations of Users, Suppliers and DHOLEBYTE, and the terms that regulate the use of the Platform.

User – a natural person who acts in relation to these Terms and Conditions for purposes other than his trade, business, trade or profession (i.e. consumer), and has registered an Account on the Platform and ( o) you intend to purchase Digital Content, or buy or sell physical products using the Services provided by DHOLEBYTE.

Provider– an entrepreneur operating in any form and selling digital content to Users through the Platform.

1. Relevance of these Terms and Conditions
   1. Users and Providers agree and accept these Terms and Conditions, including the Privacy Notice, in their entirety and without reservation. Acceptance of these Terms and Conditions is a necessary condition for the provision of the Services.
   2. For the avoidance of doubt, these Terms and Conditions also apply to any anonymous user who enters the Platform and, by entering, such person accepts these Terms and Conditions, the Privacy Notice and any other documentation of the Platform.</li >
   3. Users who are prohibited from using the Platform due to respective state regulations or regional restrictions, including the User’s current country/region of residence and place of use of the services, are requested to refrain from use the Platform.
   4. Each User confirms that he or she is at least 16 (sixteen) years old or has reached the age under the laws of the respective country that allows him or her to assume responsibility for obligations arising from contractual relations and has full capacity to take legal action. Furthermore, each User confirms that there are no legal restrictions of the respective countries for him to use the Services provided by DHOLEBYTE. </ Li>
   5. Each Supplier confirms that he is an entrepreneur and accepts these Terms and Conditions. Each Provider hereby declares that there are no factual or legal grounds that prevent it from accepting these Terms and Conditions and entering into Sales Contracts with Users through the Platform intended for the sale of Digital Content to Users.</ li>
   6. DHOLEBYTE has the right to make changes and modifications to these Terms and Conditions, including the right to establish new provisions and withdraw old ones, at its own discretion, unilaterally and at any time by giving notice of the modifications to the Terms and Conditions on the Platform. By continuing to use the Platform and Services, Users and Providers confirm that they are bound by all changes to these Terms and Conditions. Modifications to the Terms and Conditions come into force after 10 (ten) days from their announcement on the Platform, unless explicitly indicated otherwise.
   7. Users and Providers may enter into separate additional agreements with DHOLEBYTE. In the event of any conflict between the provisions of these Terms and Conditions and such additional agreements, the provisions of the additional agreements will prevail unless such additional agreements explicitly state otherwise.
   8. DHOLEBYTE communicates with Users and Suppliers by sending emails, leaving them notices through the electronic system of the Platform Account, or by distributing notices through communication channels within other services. Users and Providers unconditionally consent to receive electronic communications and agree that all agreements, notices, disclosures and other communications that DHOLEBYTE provides electronically must comply with all legal requirements for such communication in writing.
2. Service Fees
   1. Except as otherwise expressly provided, DHOLEBYTE charges its commission and any other possible fees from the prices determined by the Seller in connection with each transaction. During the creation and auction process, a Provider receives all information about the commissions and other fees to which the Provider is subject in connection with the announcement of a particular auction on the Platform.
   2. For Users, the use of the Platform, the creation of an Account and the purchase of Digital Content through the Platform is free. DHOLEBYTE’s commission is charged from the sale price of the Digital Content specified by the Provider. However, Users may be charged for additional services contracted with DHOLEBYTE through the Platform. To the amount of the fees for such additional services, DHOLEBYTE may add the amount of Value Added Tax (VAT) at the rate applicable in the place of residence of the User in the territory of the European Union in relation to VAT obligations in accordance with the Community Law, in particular, art. 58 of Council Directive 2006/112/EC and Implementing Regulations No 282/2011 and 1042/2013.
   3. Users and Providers are solely responsible for paying any fees and taxes related to their use of the services available on the Platform. Users and Providers are responsible for the payment of taxes, fees or other amounts due that are required in connection with contracts entered into through the Platform on your behalf. In any case, DHOLEBYTE will not be responsible for the settlement of such fees and taxes. If a particular payment method fails or an invoice is overdue, DHOLEBYTE reserves the right to demand payment by another payment method, including all possible additional costs of such method.
   4. Whenever DHOLEBYTE provides Services to any person considered a business owner, such person acknowledges and agrees to account for any Goods and Services Tax (GST), VAT, Sales Tax or any similar tax through the applicable investment mechanism of the subject passive.
3. Accounts
   1. A person who wishes to access all the services provided on the Platform must register and create an Account. However, an Account is not necessary to purchase Digital Content through the Platform. Registration is carried out by completing all the necessary information in the registration form that can be found on the Platform. The person will be asked to submit their User name, email address, password and other information. To complete the registration, the person must accept the Terms and Conditions and the Privacy Notice and any other documentation of the Platform, if applicable. Failure to provide any information that, in DHOLEBYTE’s sole discretion, is necessary to verify said new User (regardless of whether such information is expressly indicated in these Terms and Conditions), may be considered grounds for refusal to proceed with registration and /or reason to suspend or cancel the registered Account.
   2. Every User is obliged to reveal his/her place of residence. Users are hereby informed that DHOLEBYTE may use tools to detect the location of the computer network device (and connection) in terms of the country of origin from which the registration is made. DHOLEBYTE may refuse to set up the Account or suspend or terminate it if the place of residence indicated by the User differs from the results of the verification carried out by DHOLEBYTE, in particular due to the location of the computer network devices (and the connection), in regarding the country of origin from which the Platform is accessed. Each User has the right to configure only one account, unless otherwise expressly agreed in each case. For the avoidance of doubt, Users must not use the VPN connection while using the Platform, unless otherwise expressly agreed in each case.
   3. In accordance with its internal procedures, DHOLEBYTE may, from time to time, carry out CSC procedures and request its Users and Suppliers to submit suitable documents and information related to their identity and activities within the Platform. This may include the identification documents of the User, as well as various documentation of the Supplier, confirming the legal status of the Supplier, the registered address, the authorization to represent the Supplier, the VAT identification number and other data that may be necessary. in a given case. Failure to provide such documents and information within the period established by DHOLEBYTE may constitute the reason for rejecting registration and (or) be a reason for suspending or canceling an already registered Account.
   4. Upon successful registration on the Platform by the User, he is provided with access to the full functionality of the Platform after entering his username and password.
   5. Registration on the Platform by the User is equivalent to that person having read, understood and accepted these Terms and Conditions in their entirety, including the Privacy Notice and any other documentation on the Platform, and has given their consent to the processing by DHOLEBYTE, now and in the future, of personal data transmitted to DHOLEBYTE during the registration process on the Platform. Notwithstanding the foregoing, a person who has not registered on the Platform and has not obtained an Account is also deemed to have accepted these Terms and Conditions, the Privacy Notice and any other documentation of the Platform, from the moment in which decides to use any of the features of the Platform.
   6. At any time, if DHOLEBYTE believes that the Account has a high risk of harm to any person, DHOLEBYTE has all rights to suspend the use of the Account by restricting access to the Account login, retention of transactions, etc. Upon elimination of risk (at DHOLEBYTE’s sole discretion), DHOLEBYTE will reactivate the Account. In the event that the administrator of an Account violates the law or these Terms and Conditions, DHOLEBYTE has the right to terminate the Account. DHOLEBYTE will have the right to suspend or cancel the use of the Account whenever, in DHOLEBYTE’s opinion, any circumstances arise that may cause risk to any person or violate the law.
   7. Users are responsible for the reasonable care of their Account and must ensure that their email address is up to date. DHOLEBYTE is not responsible for situations in which Users do not receive information due to their negligence.
   8. In the event that DHOLEBYTE decides that the Platform needs to be modernized or has technical problems, DHOLEBYTE has the right to restrict the possibility of logging into the Accounts or using the respective services or even general access to the Platform.< /li>
   9. Users acknowledge that disclosure of their Account login details to another person could cause damage to DHOLEBYTE or third parties. Users are responsible for securing this type of information and, if they fail to secure it, Users are responsible for eliminating all damage caused.
   10. The Account is made available to the User by DHOLEBYTE free of charge, allowing the User to use the Services offered through the Platform, which is possible from anywhere in the world through the Internet network.
   11. The Services (or any other functionality incorporated into the Platform) may vary between different countries or regions. DHOLEBYTE makes no guarantee that a service or functionality of a certain type or scope will be available to all Users. DHOLEBYTE reserves the right to restrict, refuse or create another level of access related to the use of the Services (or any other functionality incorporated into the Platform) for different individual Users.
   12. Accounts are also created for Suppliers. To start the sale through the Platform, the Supplier must contact DHOLEBYTE by filling out the registration form and providing the requested documents and information. After successful registration, DHOLEBYTE will create an Account and provide the Provider with login details, which may subsequently be modified by the Provider.
   13. In case of any violation of these Terms and Conditions and applicable laws by the Provider, DHOLEBYTE reserves the right to suspend or terminate the Provider’s Account. Sections 5.6-5.9 also apply to Suppliers.
   14. Notwithstanding the foregoing, the Provider’s Account may also be suspended or canceled if it is noted that the Digital Content offered for sale violates the intellectual property rights of third parties or has already been used.
   15. Users and Providers will not use other Accounts and will not make their Accounts available to other Users or third parties. The foregoing shall not apply to cases in which the Providers make their Account available to persons duly authorized to act on their behalf, as well as their employees, authorized by the Provider to use the Account. To the extent permitted by law, DHOLEBYTE shall be exempt from any liability to Users and Providers related to such violation of this provision. For the avoidance of doubt, Users and Providers will assume full responsibility for the actions and results of the actions of the persons to whom they have provided access to their Account.
   16. Both Users and Providers are obliged to keep their registration data updated and promptly inform DHOLEBYTE of any changes to said data.
4. Terms and Conditions of Use.
   1. In accordance with these Terms and Conditions, DHOLEBYTE grants Users a limited, non-exclusive, non-transferable and non-sublicensable license to access and make personal and non-commercial use of the Services provided by DHOLEBYTE. Such license is strictly limited to the functionalities of the Platform and does not extend to any Digital Content license (including activation codes for games offered by Providers through the Platform). For the avoidance of doubt, licenses to Digital Content may only be granted at the discretion of their owners or other authorized persons.
   2. Users are obliged not to abuse the DHOLEBYTE Services and only use them in a manner provided for by law and these Terms and Conditions. Improper use of the Services could cause negative effects to DHOLEBYTE or third parties, and if Users violate the terms of use of the Services, they are responsible for eliminating all damages caused.
   3. All rights not expressly granted to Users in these Terms and Conditions are reserved and retained by DHOLEBYTE or its owners, licensors, suppliers, publishers or other authorized persons.
   4. Any intellectual property object such as text, graphic materials, interactive functions, logos, photographs, files, software on the Platform, except those uploaded, transmitted, made available, published by Users and Providers, as well as the selection, organization, coordination, compilation of the materials and the general scheme and nature of the Platform constitute the intellectual property of DHOLEBYTE. They are protected by copyright, trademarks, patents, industrial design rights and any other rights and provisions, including international conventions and property rights. Any of these rights are reserved for DHOLEBYTE. All trademarks, brands and trade names constitute the property of DHOLEBYTE.
   5. Unless you have the express written consent of DHOLEBYTE, Users and Providers are not authorized to: duplicate, copy, download, broadcast, sell, distribute or resell any services, information, texts, graphics, video clips, sounds, scripts, files, databases or listings and everything that is available on or through the Platform or to use them in any other way. It is prohibited to systematically retrieve the content of the Platform to create or compile, either directly or indirectly, a collection, compilation, database and catalog (through the use of robots, search engines, automatic or manual devices) without express permission. in writing from DHOLEBYTE. The use of any content or material available on the Platform for purposes not specified in the Terms and Conditions is prohibited, especially any use, publication, copying in any form, whether electronic, mechanical, photographic or otherwise (All rights reserved).
   6. Users are obliged to read and accept the Terms and Conditions and the Privacy Notice, as well as any other documentation of the Platform, in order to ensure the protection of their personal data uploaded through the Platform. By using the Site, each User agrees to comply with the Terms and Conditions related to the protection of privacy and the protection of personal data defined in the Privacy Notice.
   7. DHOLEBYTE may provide Users with hyperlinks on the Platform (i.e. banners, channels) with access to content, products or services offered by other Providers that direct them to the websites of such Providers. DHOLEBYTE is not responsible for the certainty, accuracy or reliability of the information sent by the mentioned Providers. DHOLEBYTE recommends reading all documents on the Sites of such Providers. Users acknowledge that DHOLEBYTE has no control over the actions of these Providers.
   8. Users and suppliers, including but not limited to, confirm and declare that:
      1. they will not publish improper or defective information that could be harmful to DHOLEBYTE, other Users, Suppliers or third parties;
      2. they will not upload or disseminate information on the Platform that may violate laws, contractual agreements or third-party rights. Such potentially sensitive information could be copyrighted material, personal data, trade secrets and others;
      3. you will not impersonate any other person or entity, whether existing or fictitious, nor falsely claim to be related to any other person or entity, nor access the Accounts of other Users or Providers, nor provide false information that could mislead to DHOLEBYTE and other Users or Suppliers;
      4. you will not attempt to hack, modify, disable or otherwise affect the Platform or challenge its security;
      5. you will not use the Platform for any purpose other than its intended use in accordance with the purposes of the DHOLEBYTE Services;
      6. will not try to collect any personal data existing in the Platform system without the consent of the specific interested party and will not offend or deceive other Users or Providers;
      7. you will not use the Platform for any illegal purpose or to violate any laws, including provisions related to the protection of copyright, intellectual property rights and other property rights;
      8. will not try to interfere with the activity of the Platform or prohibit other Users or Providers from using the Platform (or hinder its use);
      9. you will not transfer for remuneration or otherwise make available, for remuneration, any part or all of your Account;
      10. you will not transact money from illegal or undisclosed sources.
          All of the actions mentioned above include attempts to perform one of them or create circumstances for such actions to materialize.
   9. By placing or publishing their own materials on the Platform or through any other distribution thereof to DHOLEBYTE, Users and Providers, within the scope permitted by law, grant an irrevocable, permanent and free license for DHOLEBYTE to use these materials, including, but not limited to, their presentation, transmission, distribution, reproduction, publication, duplication, adaptation, modification, translation, creation of related content, and otherwise, in any form and for any purpose that may be useful to the operation of DHOLEBYTE, currently or in the future. Users and Suppliers acknowledge and assure DHOLEBYTE that they have sufficient means and rights to guarantee said license.
   10. THE SUPPLIERS ARE STRICTLY PROHIBITED FROM ADVERTISING AND SELLING ANY DIGITAL CONTENT THAT VIOLATES APPLICABLE LAWS, THE RIGHTS OF THIRD PARTIES (INCLUDING COPYRIGHT), OR THESE TERMS AND CONDITIONS.
5. Deals between Users and Suppliers and the role of DHOLEBYTE
   1. DHOLEBYTE, as administrator of the Platform, provides Providers who meet certain requirements the opportunity to sell Digital Content to Users through the Platform.
   2. Each Provider determines the price of the Digital Content that it intends to sell through the Platform. Except as expressly provided otherwise and subject to Sections 4.1-4.2, DHOLEBYTE charges its commission and any other possible fees from the amount of such price. Users and Providers confirm their understanding that DHOLEBYTE and individual Providers may also agree through additional agreements indicated in Section 3.7 for other commissions and fees.
   3. By introducing the Digital Content on the Platform, the Provider instructs DHOLEBYTE to publish on the Platform the Provider’s invitation to enter into an agreement for Users who wish to purchase Digital Content at a price set by the Provider. As such, it will not constitute an offer to sell within the meaning of civil law. The Provider will have the right to change the price of the Digital Content offered, provided that no User has expressed the will to purchase it. Each Supplier acknowledges and consents that the prices and descriptions of the products are made public and available to all Users of the Platform.
   4. In order to advertise the Digital Content on the Platform, the Suppliers provide information on the products that will be offered for sale on the Platform and grant their consent for DHOLEBYTE to review and finalize the descriptions to ensure the general standard of the products. descriptions of advertisements on the Platform. Each Provider agrees to provide true and complete information necessary to complete such descriptions. The information provided must adequately reflect the actual characteristics of the product. DHOLEBYTE is not responsible for any inaccuracies in product descriptions caused by incorrect information provided to DHOLEBYTE by Suppliers. Suppliers hereby authorize DHOLEBYTE to use the information indicated in this section free of charge to prepare descriptions of the products sold, including modifications, alterations and translations of this information.
   5. Each User is aware and hereby acknowledges that expressing his or her willingness to purchase Digital Content (i.e., placing an order related to the purchase of Digital Content) from the Provider through the Platform may imply an obligation to payment, provided that the Provider has expressed its willingness to enter into a contract and charge the User. For the avoidance of doubt, Users who express their willingness to purchase the Digital Content should be aware that the Provider may have the right to terminate the conclusion of a Sales Contract in accordance with the delivery and payment authorization preferences chosen by the Provider.
   6. DHOLEBYTE does not authorize the delivery of Digital Content sold by the Suppliers and is not responsible for nor does it authorize payments for Digital Content delivered through the Platform by the Suppliers.
   7. DHOLEBYTE allows Users and Suppliers to have payments due from Users paid through the specific payment channels available on the Platform. For the avoidance of doubt, Providers may allow such payments to be made outside of the DHOLEBYTE ecosystem, in which case Users will be responsible for ensuring that the payment has been made and documented properly and securely and that all information has been communicated to the Supplier. With respect to payments made within the DHOLEBYTE ecosystem, each Provider hereby consents and grants permission in favor of DHOLEBYTE to deduct its commissions and other fees from the funds collected in its bank account and transfer the remaining portion to the bank account of the Supplier.
   8. DHOLEBYTE favors amicable solutions to any dispute between Users and Suppliers. With this objective, DHOLEBYTE provides Users and Suppliers with a dispute resolution mechanism, through the help center functionality available on the Platform. In it, Users and Suppliers can agree that the funds be returned to the User or that the purchased defective product be exchanged. To maintain the DHOLEBYTE brand and prevent unfair practices and illegal activities on the Platform, DHOLEBYTE may assist in said process as an intermediary, however, the right to resolve such disputes will continue to belong to the Providers. In the event that the User is not satisfied with the conclusion of said resolution, he may appeal with the respective complaints against the Provider before the courts or in any other way.
   9. Users and Providers acknowledge that entering into any contract on the Platform involves the risk of dealing with abusive people. DHOLEBYTE acts carefully and uses reasonable measures to verify the veracity of the information and data provided by Users and Providers in order to identify the respective Users and Providers and determine their suitability to use this Platform and have Accounts. However, Users and Providers must also use reasonable efforts to ensure that the respective User or Provider is suitable for any transaction and business relationship.
   10. Users and Providers are personally responsible for observing all terms and conditions of transactions carried out on, through, or as a result of the use of the Platform or services, in particular the Terms and Conditions and other commitments. This also includes, but is not limited to, terms of payment, warranty, returns, delivery, delivery time, insurance, fees, taxes, licenses or fines.
   11. In order to unify the rules of transactions carried out through the Platform and to ensure a standard of fair practice in carrying them out, Users and Suppliers hereby confirm that the Sales Contract between the User and The Provider becomes valid once the Provider authorizes the provision of access to the Digital Content and the charge to the User. All other actions related to the Sales Contract, rights and obligations are regulated by respective laws or agreements between Users and Suppliers.
   12. DHOLEBYTE will cooperate with Users and Providers with respect to all questions related to the proper provision of Services. Communication between DHOLEBYTE and Users and Suppliers will be carried out through the Platform’s help center, email or other communication channels agreed upon separately.
   13. DHOLEBYTE will provide Users and Suppliers with technical support whenever they encounter any problem regarding the functionality of the Account or the Platform.
       Transaction Documentation (effective as of April 17, 2021)
   14. The sale of Digital Content through the Platform could generate an obligation for Sellers to document said sale with the respective receipts (the Transaction Documentation). Since DHOLEBYTE has the necessary technical resources to issue such Transaction Documentation, Sellers authorize DHOLEBYTE to issue it in the name and on behalf of the Seller in relation to their sales made through the Platform. Sellers may decide not to participate in this subcontracting by contacting DHOLEBYTE directly.
   15. Sellers agree to disclose and provide DHOLEBYTE with all information necessary to prepare the Transaction Documentation. Sellers confirm that they understand that Transaction Documentation will be made available to Users who purchase Digital Content from the Seller.
   16. While DHOLEBYTE exercises due care in issuing Transaction Documentation, DHOLEBYTE does not in any way guarantee compliance with all laws and regulations of such Transaction Documentation. Sellers are advised that it remains their sole responsibility to ensure that all Transaction Documentation complies with applicable laws.
   17. DHOLEBYTE Transaction Documentation service will be provided “as is”. Furthermore, each of the Sellers confirms that DHOLEBYTE makes no representations or warranties of any kind – express or implied, whether oral or written – with respect to the Transaction Documentation service, including, but not limited to, any implied warranties of accuracy or performance. .
   18. Each Seller will defend, indemnify and hold harmless DHOLEBYTE, its related companies and their directors, employees, agents and licensors harmless from any claim, allegation, demand, loss, damage, liability, costs, settlements and expenses (including reasonable attorneys’ fees) arising out of or in connection with any third party claim, suit or proceeding resulting from of an act or omission—on the part of the Seller or any of its directors or employees—that may occur during or during the provision of Transaction Documentation services. This defense and indemnification obligation set forth in this Section will survive the termination of these Terms and Conditions.
   19. Seller’s sole remedy for any error, defect or failure in the Transaction Documentation will be the correction of such defect or error.
   20. Users have the right to request Sellers to issue invoices related to purchases of Digital Content made by Users through the Platform. In accordance with applicable legislation, each Seller will be obliged to issue and deliver the requested invoice as soon as possible and without delaying longer than provided by the respective applicable laws.
   21. Each Seller acknowledges that it will be obliged to issue an invoice to the User for the sale of Digital Content in accordance with applicable legislation. Said invoice will be delivered by the Seller to the User as a result of its upload to the Platform.
   22. Each Seller acknowledges, accepts and confirms that it is aware that DHOLEBYTE will not be responsible for the issuance and delivery of invoices for the sale of Digital Content in accordance with applicable legislation. The Seller agrees to defend, indemnify and hold harmless DHOLEBYTE, its related companies and their officers, employees, agents and licensors from any claim, allegation, demand, loss, damage, liability, costs, settlements and expenses (including reasonable fees of attorneys) arising out of or in connection with any third-party claim, suit or proceeding resulting from any act or omission—on the part of the Seller or any of its officers or employees—that may occur during or due to non-performance or improper performance of the obligation related to the issuance and delivery of an invoice to the User. The defense and indemnification obligation established in this Section will survive the termination of these Terms and Conditions.
6. Obligations of Suppliers
   1. By accepting these Terms and Conditions, and by offering any Digital Content for sale on the Platform, the Provider guarantees and acknowledges that:
      1. you have the full capacity and right to accept the Terms and Conditions, any related documentation, grant licenses and authorizations and assume the obligations described herein;
      2. such Digital Content has been legally obtained and comes from lawful sources, is free from defects and free from third party rights and claims, and the Provider has all licenses, rights, permissions and consents necessary for its use, distribution, placement , publication, sale, including the right to sell via the Internet, online system, as well as the rights are not limited in any way;
      3. such Digital Content does not infringe any third party rights, including copyrights, trademarks, patent rights, trade secrets, privacy rights, image rights, or any other ownership right or intellectual property right. ;
      4. you agree to use the Platform and the Services in accordance with these Terms and Conditions, applicable laws and good practices;
      5. you will not engage in any activity that may be detrimental to the DHOLEBYTE brand or that may have a negative effect on the Platform or the Digital Content sold through the Platform;
      6. you will not use the Platform for activities related to money laundering or for actions that, in the opinion of DHOLEBYTE, could entail the risk of accusation of use of the Platform for money laundering purposes;
      7. you will not use the Platform to resell Digital Content purchased for free or at a discount in connection with a charitable event or in support of such an event;
      8. you will not use the VPN connection during the use of the Platform, unless otherwise expressly agreed in each case.
      9. will not advertise or sell on the Platform any Digital Content that contains or can be used to receive, directly or indirectly, illegal content and services.
   2. Each Provider agrees and acknowledges that:
      1. is the seller and provider of the Digital Content and this will be clearly defined in its contractual agreements with Users, as well as in the corresponding invoices, letters or sales receipts;
      2. will establish the general terms and conditions for sales to Users;
      3. will authorize the corresponding payment to Users and the delivery of Digital Content;
      4. is solely responsible for paying VAT, IBS, Sales Tax or any similar tax liability in accordance with applicable laws resulting from the sale of Digital Content to Users through the Platform (if applicable).< /li>
   3. In the event that the Supplier is a commercial representative of the legal entity, it guarantees, represents and certifies that, as such representative, it has the necessary consents and authorizations from its principal to act as a sales representative and publish contact details necessary to conduct business.
   4. Providers have the obligation to provide information or documents related to their business, company or Digital Content at the first request of DHOLEBYTE. Each Provider represents, warrants, acknowledges and assumes full responsibility that:
      1. the information and documents submitted during the registration process or subsequent use of the Platform are true, accurate, valid and complete;
      2. will immediately report all changes to the documents accordingly to keep them true, valid and complete.
   5. The Provider agrees to provide all necessary information, materials and permissions, and all reasonable support and cooperation to DHOLEBYTE for it to provide its Services based on the existence of violation of the Terms and Conditions by the Provider and/ or a claim filed against the Supplier. If the failure to do so is due to a delay, suspension or denial of access to any Service, DHOLEBYTE will have no obligation to extend the term of such service nor will it be liable for any loss or damage caused by such delay, suspension or denial.< /li>
   6. Every Provider accepts and acknowledges its obligation to act in accordance with all laws and regulations applicable to them, to the transaction and to the respective User.
   7. Unless DHOLEBYTE expressly stipulates otherwise, Suppliers acknowledge and agree that they will only use the Platform to sell products in digital form, which means that the products will be available for Users to download onto their hard drives and will not be delivered nor will they store in carriers of material means.
   8. With respect to post-sale communication, each Supplier undertakes to:
      1. use the functionality indicated in Section 7.8 to resolve all post-sale issues;
      2. not engage in unfair practices and resolve problems that arise in good faith, that is, try to resolve Users’ problems and avoid delays in response beyond what is reasonably necessary to investigate and resolve such problems;
      3. not post, promote or transmit any unlawful, harassing, defamatory, harmful, rude, obscene or otherwise objectionable material of any kind or nature;
      4. not deceive Users or advertise false information;
      5. do not refer to DHOLEBYTE as the party responsible for resolving post-sale problems, except in the case of malfunction of the Services provided by the Platform.
   9. DHOLEBYTE reserves the right to take action against any Provider who fails to comply with the terms set forth in Section 8.8 above, including restricting the Services offered through the Platform. For the avoidance of doubt, DHOLEBYTE acts solely as an intermediary and is not responsible for the content of conversations between Users and Providers.
7. Responsibility
   1. DHOLEBYTE’s liability is excluded in relation to:
      1. Users or Suppliers who act outside the control of DHOLEBYTE and with resulting damage (i.e., a violation of the Terms and Conditions, Privacy Notice, applicable laws, facilitating access to another person’s Account or carrying out other actions);
      2. any adverse consequences resulting from access, use or inability to use the Platform due to reasons beyond the control of DHOLEBYTE;
      3. any measure taken by DHOLEBYTE with respect to Users or Suppliers related s with violation of these Terms and Conditions or applicable laws. This includes suspension or termination of Accounts or limitation of the functionality of the plataform;
      4. implications of any access to data and information obtained by third parties in an unauthorized manner, without the possibility of detecting it at the time, unless DHOLEBYTE does not take reasonable measures as soon as possible to prevent the consequences, also when any adverse consequence for private data to be subject to actions and omissions of Users and Providers;
      5. any adverse consequences due to viruses, trojans, etc. that may be transmitted to the Platform or through the Platform by third parties, unless DHOLEBYTE ensures that all reasonably available measures are taken to eliminate such threats;
      6. laws or rights of third parties infringed by Users and Suppliers, in particular, in relation to damages caused to third parties by Users and Suppliers as a result of the violation of copyright, industrial property rights, etc., in in particular, for any claim in relation to the transmission, distribution, publication, offer, presentation of data on which third parties have claims or rights over Digital Content or physical products;
      7. the purchase operation has not been completed due to technical problems in one of the payment methods proposed on the Platform;
      8. Digital Content or purchased physical products do not function as they should;
      9. Users or Suppliers who send false or incorrect statements, information, guarantees and data subject to the Terms and Conditions, Privacy Notice and any other documentation of the Platform;
      10. any form of damage caused by Users or Suppliers due to their non-compliance or inadequate compliance with the Terms and Conditions, Privacy Notice or other documents of the Platform, as well as the rights and obligations between them.
   2. DHOLEBYTE cannot reasonably ensure that Users and Suppliers have full capacity to execute the Sales Contracts concluded on the Platform. Users and Suppliers are solely responsible for the execution of their Sales Contracts.
   3. DHOLEBYTE rejects all guarantees that consist of ensuring the condition, suitability, quality or operation in relation to the services available on the Platform, as well as the Digital Content sold by the Suppliers. DHOLEBYTE is only responsible for the proper availability of the use of the Services. The Suppliers will be solely responsible for the Digital Content sold through the Platform. DHOLEBYTE will not assume any liability towards third parties, in particular, in relation to non-compliance or improper performance by Suppliers of their Sales Contracts concluded with Users, or with any criminal act committed by Suppliers, any infringement by of the Providers under applicable law or with any false information, warranties or representations submitted by the Providers. If any claim, complaint, request, pretension, etc. should be addressed to DHOLEBYTE by third parties in relation to the conduct of the Supplier indicated in the previous Section, said Supplier will have the obligation to assume full responsibility towards these entities, with the Supplier bearing each and every one of the costs related to the themselves and borne by DHOLEBYTE. Furthermore, where third parties bring claims against DHOLEBYTE relating to any infringement by any Provider, in particular infringement of copyright, such Provider will replace DHOLEBYTE in such proceedings or act as a third party defendant. This Section 9.3. will be applied accordingly to Users who sell to the extent that consumer rights are not infringed.
   4. To the maximum extent permitted by law, any services provided by DHOLEBYTE on or through the Platform are made available AS IS, IF AVAILABLE and WITH ALL FAULTS, and DHOLEBYTE expressly disclaims all warranties , including, but not limited to, any warranty of condition, quality, durability, performance, reliability, merchantability or fitness for any specific purpose of the Digital Content sold by the Providers, except as otherwise provided by consumer rights protection laws.< /li>
   5. The total liability of DHOLEBYTE towards the Suppliers is limited to the amount of EUR 300. The previous sentence does not exempt the Supplier from the need to prove and document the respective damage that it has allegedly suffered. Suppliers must prove the damage suffered to acquire the right to demand the amount of damage from DHOLEBYTE. Any claim to DHOLEBYTE must be submitted within 20 (twenty) days from the date the problem occurred. AND In countries where limitation of liability towards consumers is possible, the terms of the first and second sentences of this Section shall apply accordingly.
   6. Each Vendor and Seller User shall indemnify, hold harmless and defend (for the purposes of this Section 9, indemnify and indemnify) DHOLEBYTE and its directors, officers, employees, agents, shareholders and affiliates (for the purposes of this Section 9, Indemnified Parties) from and against any and all claims, demands, actions, suits, damages, liabilities, losses, settlements, judgments, costs and expenses (including, without limitation, reasonable attorneys’ fees and costs), arising or arising relate to (i) any breach of any representation or warranty of the Supplier or the Seller User contained in these Terms and Conditions, (ii) any breach or violation of any agreement or other obligation or duty of the Supplier or the Seller User in accordance with the these Terms and Conditions or applicable law, (iii) any alleged breach or violation by the Supplier or the Seller User of the rights of third parties, including intellectual property rights, (v) any claim related to the advertised auction or transaction by the Provider or the Seller User, or announced by DHOLEBYTE on behalf of the Provider or the Seller User in each case, whether or not caused by the negligence of DHOLEBYTE or any other Indemnified Party and regardless of whether the relevant claim is founded or not.
   7. Each Supplier and Seller User will inform DHOLEBYTE in writing of any claim, demand or suit and will cooperate fully in its defense. No Provider or Seller User will accept the resolution of such claim, demand or suit before the final judgment on the matter, without the consent of DHOLEBYTE, which consent may be withheld in DHOLEBYTE’s sole and exclusive discretion.
   8. Except as otherwise provided by applicable law, DHOLEBYTE has the right to make, in its sole discretion, any set-off of funds accrued by any Vendor or Seller User.
   9. Each Provider and Seller User acknowledges and agrees that while these Terms and Conditions are in effect, and upon termination or expiration for any reason, the Provider and Seller User will continue to be liable for all indemnification obligations under these Terms. and Conditions and all other amounts due or that may become due under these Terms and Conditions. This liability is not subject to any limitation of liability that may be expressed elsewhere in these Terms and Conditions.
8. Events Outside DHOLEBYTE’s Control
   1. DHOLEBYTE shall not be liable for any failure or delay in performance of any of DHOLEBYTE’s obligations under these Terms and Conditions that is caused by an Event Outside DHOLEBYTE’s Control. An Event Outside DHOLEBYTE’s Control is defined below in Section 10.2.
   2. An Event Outside the Control of DHOLEBYTE means any act or event beyond the reasonable control of DHOLEBYTE, including, but not limited to, strikes, lockouts or other industrial action by third parties, civil uprising, riots, invasion, terrorist attack or threat of terrorist attack, war (whether declared or undeclared) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks , or inability to use railways, maritime transport, aircraft, motorized transport or other means of public or private transport.
   3. If an Event Outside DHOLEBYTE’s Control occurs that affects DHOLEBYTE’s performance of its obligations under these Terms and Conditions:
      1. DHOLEBYTE will contact affected Users and Providers as soon as reasonably possible to notify them; and
      2. DHOLEBYTE’s obligations under these Terms and Conditions will be suspended and the period for the performance of DHOLEBYTE’s obligations will be extended for the duration of the Event Outside DHOLEBYTE’s Control.
9. Complaints
   1. If Users or Providers have experienced any violation of their rights caused by the DHOLEBYTE Services provided in the Terms and Conditions and/or the Privacy Notice, they have the right to file a complaint. The complaint must be sent to DHOLEBYTE from the Platform’s help center or to the email address indicated in Section 13.7. DHOLEBYTE makes every effort to ensure that all complaints are resolved within 14 (fourteen) days of receipt.
   2. In the event that the User has complaints regarding Digital Content purchased subject to the provisions of Section 7.8, the User may submit a complaint to the Provider within the help center functionality available on the Platform. In such cases, DHOLEBYTE only helps to initiate the claim procedure and facilitates communication between the disputing parties, but does not resolve the claim.
   3. If the User has purchased the Digital Content and has not reviewed it on the DHOLEBYTE platform, they may return said Digital Content provided that the Provider grants the User the right to return the purchased Digital Content. The Suppliers will determine and indicate unequivocally in their conditions of sale whether they grant such a right with respect to a specific Digital Content or a specific User.
10. Termination
    1. Users and Suppliers may terminate the contract with DHOLEBYTE by deleting their Account from the Platform. You can do this by submitting a request in your Account system. DHOLEBYTE deletes the Account within 7 (seven) days from the date of submission of the request. During this period, the respective User or Provider has the right to cancel the deletion of the Account.
    2. During the period of termination of the contract, the User or Provider cannot create another Account on the Platform.
    3. DHOLEBYTE may terminate said contract by deleting the User or Provider’s Account or blocking access to the Platform. Access may be blocked if there is suspicion of illegal actions and such blocking may last until the respective circumstances disappear or are eliminated. DHOLEBYTE deletes the Account of the User or the Provider in situations where the latter seriously violate the Terms and Conditions, the Privacy Notice, laws or other documents.
    4. DHOLEBYTE may temporarily restrict or suspend access to the User’s or Provider’s Account, if its security is compromised in any way, or if significant violations of this contract or the law are discovered (by Users or Suppliers) (if DHOLEBYTE does not terminate the contract for this reason). The execution of the decisions provided for in this Section 12 cannot violate the rights of the consumer.
11. Final Provisions
    1. The Privacy Notice and any other documentation on the Platform are an integral part of these Terms and Conditions and bind all Users and Providers.
    2. Without the permission of DHOLEBYTE, Users have no right to transfer their obligations, claims or rights to third parties. Users accept that DHOLEBYTE will have the right to transfer its rights and obligations derived from the agreements to third parties. DHOLEBYTE will report said transfer on the Platform.
    3. If any provision of these Terms and Conditions is held to be illegal, invalid or unenforceable by a court of law or arbitration, the other provisions of these Terms and Conditions will remain in full force and effect. Any provision of these Terms and Conditions that is held to be illegal, invalid or unenforceable only in part or to a certain extent will remain in full force and effect to the extent that it is not held to be illegal, invalid or unenforceable.
    4. These Terms and Conditions and the relations between DHOLEBYTE and the Users with respect to these Terms and Conditions (including the execution, validity, invalidity, implementation and termination of these Terms and Conditions) are governed by and construed in accordance with the laws of the Republic of Lithuania unless the national legislation applicable to the User as a consumer provides otherwise. Any dispute, controversy or claim arising from or related to these Terms and Conditions, their breach, termination or validity will be finally resolved in the respective court, in accordance with the rules of jurisdiction, of the Republic of Lithuania unless the national law applicable to the User as consumer provides otherwise.
    5. Except as otherwise provided in these Terms and Conditions, no delay by DHOLEBYTE or the User in exercising any right or performing any obligation under these Terms and Conditions shall be deemed a waiver of such right or excuse for non-performance. of said obligation, and the separate or partial fulfillment of any obligation. The separate or partial exercise of any right does not mean that this obligation must not be fulfilled or that this right cannot be exercised in the future.
    6. All data and information stored on the Platform may be used by DHOLEBYTE for the purposes of its operation.
    7. Communication with DHOLEBYTE support is carried out through the email address [email protected].
    8. The laws of different countries may prevent some Users or Providers from using the respective services of the Platform.
    9. In the event that the Terms and Conditions are translated into other languages and if there are differences between the Spanish version and said translation, the Spanish version will prevail, unless otherwise provided or unless such apparent inconsistency arises from a difference in legal requirements in a specific jurisdiction.