Terms and conditions

These terms and conditions constitute a binding legal agreement between Tomas Pietravallo ("Tomas Pietravallo" or "We" or "Seller" or "Us" or "Owner") and you ("You" or "Your" or "Buyer"), for the use of the website tomaspietravallo.com ("Website"), store located on the web address tomaspietravallo.com/store ("Store"), its "Assets" (including but not limited to: .html, .css, .mp4, .pdf, .arproj, .webm, .png, .jpg, .svg files), and "Digital Goods" (paid digital Assets provided upon completing a transaction, subject to these terms and conditions).

By making use of the Website, completing a transaction on the Store, or making use of any Assets or Digital Goods; You represent that You have read, understand, and agree to be bound by this Agreement and have the legal rights, capacity, and authority to do so.

Please note this agreement is subject to change by Us at any time at our sole discretion. These terms are effective starting on February 15th, 2023.

You are granted a free, non-exclusive, personal, non-transferable limited license to use the Website, Store, its Assets, and Digital Goods subject to your full compliance with these terms and conditions.

1. Any Digital Goods labeled, branded, or portrayed to require, use, carry or grant an "Individual" or "Solo Developer" or "Solo Creator" or "Single" license shall be interpreted as granting access to 1 (one) person. The buyer may not share or distribute the Digital Goods or any files or medium which may grant access to the Digital Goods to any other person, unless said person holds the appropriate licenses. A person may purchase several licenses to grant access to others, so long as everyone the files are shared with have a separate individual license, or hold an appropriate Studio license.

2. Any Digital Goods labeled, branded, or portrayed to require, use, carry or grant a "Studio" or "Agency" license shall be interpreted as granting access to the Digital Goods to no more than 10 (ten) people upon purchase, all of which shall have a binding legal agreement with the legal entity, representative, or representatives that purchase the Digital Goods. The buyer is responsible for informing other members of the legal entity that their access and use to the Digital Goods is bound by these terms and conditions. Shall an employee, member, contractor or other member of the legal entity see their contract come to an end or otherwise no longer be part of this entity, they must make a good faith effort to destroy or refrain their access and use from any copies of the Digital Goods, unless they have a separate Individual license or have otherwise been granted the rights to continue using the Digital Goods.

3. All licensees must make good faith efforts to prevent the Digital Goods or their constituent parts from being accessed by others who do not hold the same rights or licenses.

4. All refund requests shall exclusively be made by email and addressed to hello@tomaspietravallo.com along with all appropriate information. Due to the nature of Digital Goods, a buyer may have already benefited from a product or retain a copy after being issued a refund. As such, a partial refund may be issued over a full refund, and no refunds will be made less:
  i. Requested by U.S law enforcement.
  ii. A partner company or companies processing the transaction.
  iii. Reasonably unforeseeable consequences which deem the Digital Good not fit for its original intended purpose.
  iv. The refund being approved in writing by the Seller.

5. The sale of Digital Items through the Website shall not be interpreted as to grant any of the following rights over the Digital Items or any of it's constituent parts:
  i. Publishing, republish, sale or resale of the Digital Good, its constituent parts, or any derivative works in which the Digital Asset may be readily accessible.
  ii. Share the Digital Goods with other people who have not purchased the Digital Goods, hold the appropriate licenses, or have explicit permission in writing from the Seller.
  iii. Any exclusive rights over the use of the Digital Good.
  iv. Portray or suggest endorsements from the Seller related to use use or purchase of the Digital Goods.

6. You are not subject to include copyright notices related to the origins of any Digital Assets used in derivative works, but shall not attempt to pass Digital Assets as your own or of your creation, and shall not prevent the Seller from identifying You as a Buyer or customer of the Store.

7. You will not attempt to disassemble, reverse-engineer or decompile any part of the Website, Store, Assets or Digital Good.

8. You will make good faith use of the Website, Store, Assets, Digital Goods, partner services, payment processing or digital downloads solutions, and will not attempt to circumvent, reverse-engineer, exploit, remove, disable or otherwise impair their proper workings.

9. You understand the Digital Goods may not fit your purpose, and will make a reasonable, well informed, educated decision before completing a purchase. You may use any information in the public domain (including but not limited to the store itself), and may contact the Seller for reasonable additional information You deem necessary to make an informed decision. Any form of free trial of the goods before purchase is not deemed reasonable information, and You will not request such.

10. No warranty or representation shall be constructed that implies that the Website, Store, Assets or Digital Goods are fit for purpose nor that the results obtained from the use these will be accurate or reliable; You acknowledge:
  i From time to time the Website, Store, Assets and Digital Goods may not be accessible or operational on account of but not limited to: equipment malfunction; occasional maintenance; technical glitches or error; acts of God; underlying issues on hosting, storage, payment processing, or other providers and/or suppliers; reasons beyond reasonable control.
  ii. During certain periods of time and/or in certain regions the Website, Store, Assets and Digital Goods may be deliberately rendered inaccessible (permanently or temporarily) in order to comply with sanctions and regulations, this content block extends to but is not limited to: Cuba, Democratic People’s Republic of Korea (North Korea), Iran, Syria, Russia, and any other region, country, territory or other classified as State Sponsors of Terrorism, reached by U.S Trade Sanctions or others which may justify the Owner making a good faith effort to cut off access in said circumstances.

11. You will be solely responsible for any damages to your property or person resulting from the access or use of the Website, Assets, Store, or Digital Goods, including but not limited to the devices used to access the Website, Store, or complete the transaction and use of Digital Goods.

12. You acknowledge your data may be collected as part of digital payment processing, You may be required to provide the Seller or payment processing partners such information in order to complete such a transaction, including Personally Identifiable Information (PII). In addition, some light forms of tracking, without the use of Personally Identifiable Information, first or third party cookies may be carried out across the Website, Store and its subdomains in order to track usage of the website. None of your data at any point shall be sold, exchanged or given to another party without your prior express consent.

13. You understand that in order to comply with applicable laws and regulations some information cannot be deleted from digital records unless a court with jurisdiction over the data and compliance demands so.

14. You may be sent email communication regarding:
  i. The status of your payment, refunds, invoices, and receipts by the Seller or payment processing partners.
  ii. Updates to the original product which You have purchased, or releases of newer versions.
  iii. New products related to the original an average consumer may be interested in.

15. You consent to be contacted as stated above, and understand You may not be able to opt out of some communications in order for the Seller to comply with applicable laws (such include but are not limited to emails regarding payment processing).

16. Any complaints for services or goods bound by these terms shall be directed exclusively via email to hello@tomaspietravallo.com, which will be evaluated fairly and taken into consideration.

17. You acknowledge and agree all purchases, transactions and prices are displayed and will be executed using the United States Dollar ("USD" or "U$D" or "Dollar" or "Dollars" or "$") unless otherwise stated.