TERMS OF USE

Effective as of October 8th, 2024

General Terms

Welcome to Zipit – a leading digital Platform for digital products and digital art. By accessing and placing an order with Zipit, you confirm that you are in agreement with and bound by the terms of service contained in the Terms of Use outlined below. These terms apply to the entire website and any email or other type of communication between you and Zipit.

Under no circumstances shall Zipit team be liable for any direct, indirect, special, incidental or consequential damages, including, but not limited to, loss of data or profit, arising out of the use, or the inability to use, the materials on this site, even if Zipit team or an authorized representative has been advised of the possibility of such damages. If your use of materials from this site results in the need for servicing, repair or correction of equipment or data, you assume any costs thereof.

Zipit will not be responsible for any outcome that may occur during the course of usage of our resources. We reserve the rights to change prices and revise our policies in any moment.

Zipit grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the website/app strictly in accordance with the terms of this Agreement.

These Terms of Use are a legally binding contract between you and Zipit (referred to in these Terms of Use as "Zipit", "us", "we" or "our"), the provider of the Zipit website and the services accessible from the Zipit website (which are collectively referred to in these Terms of Use as the "Zipit Service").

You are agreeing to be bound by these Terms of Use. If you do not agree to these Terms of Use, please do not use the Zipit Service. If you violate any of these Terms of Use, we reserve the right to cancel your account or block access to your account without notice.

Definitions and key terms

To help explain things as clearly as possible in this Terms of Use, every time any of these terms are referenced, are strictly defined as:

• Cookie: small amount of data generated by a website and saved by your web browser. It is used to identify your browser, provide analytics, remember information about you such as your language preference or login information.
• Device: any internet connected device such as a phone, tablet, computer or any other device that can be used to visit Zipit and use the services.
• Service or Services: refers to the services provided by Zipit as described in these Terms and on this Platform.

Content Rights

All content available on this Platform, including but not limited to text, images, graphics, audio, video, software, and any other material (the "Content") is either owned by or licensed to Zipit, the respective user, author, or third-party rights holder. By using the Platform, you acknowledge and agree that all rights, titles, and interests in and to the Content are reserved by the respective owner or rights holder, unless expressly stated otherwise. You are not granted any right, license, or interest in the Content except as explicitly permitted by these Terms or with the express consent of the owner. You may access and view the Content solely for personal or lawful business use as it relates to your transactions on the Platform. Any reproduction, distribution, modification, public display, performance, or other unauthorized use of the Content, without the prior written consent of the respective owner, is strictly prohibited.

Intellectual Property

The website/app and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Zipit, its licensors or other providers of such material and are protected by Bulgarian, EU and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The material may not be copied, modified, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of Zipit, unless and except as is expressly provided in these Terms of Use. Any unauthorized use of the material is prohibited.

Restrictions

You agree not to, and you will not permit others to:

• License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the website/app or make the Platform available to any third party.
• Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the website/app.
• Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Zipit or its affiliates, partners, suppliers or the licensors of the website/app.

User Accounts and Access Requirements

In order to access and use the features of this Platform, you must comply with the following account requirements:

1. Steam Account Requirement: You may only log in to and use the Platform if you have an active Steam account, created and maintained through Valve Corporation. By using this Platform, you acknowledge and agree that the creation and management of your Steam account are governed by Valve’s terms of service and policies.
2. Age Restriction: You must be at least 13 years old to create an account and access this Platform. For users aged 18 and older, please be aware that additional restrictions or requirements may apply based on the nature of certain content or transactions. Users are responsible for complying with any additional age restrictions applicable within specific areas of the Platform.
3. Single Account Use: You are permitted to use only one Steam account to access this Platform. Multiple accounts or attempts to bypass this rule by using different Steam accounts are strictly prohibited. Violations of this rule may result in the suspension or termination of your access to the Platform.
4. Steam Profile Level Requirement: To access the Platform, the Steam profile you use must be at least Level 5. If your Steam profile does not meet this level requirement, you will be unable to log in or create an account on this Platform.

By registering and using the Platform, you agree to abide by these requirements. Failure to comply with any of these rules may result in immediate suspension or termination of your access to the Platform.

Service Description

Zipit Platform facilitates the sale of digital products and art offered exclusively by individual marketplace sellers. It operates solely as a provider of technical infrastructure, enabling users to connect and engage in transactions. Zipit does not act as a buyer, seller, or intermediary in any transaction between users. All products, listings, and transactions are offered and managed exclusively by individual marketplace sellers.

The Zipit Service does not include participation, moderation, or control of the products offered, nor does it oversee user conduct or interactions. Users are responsible for their own transactions and interactions with one another. The Zipit Service disclaims all liability for disputes, issues, or claims arising from transactions or relationships between users.

To ensure compatibility, it is the responsibility of users to ensure their devices meet the necessary technical specifications for accessing or using digital products purchased on the Platform. Devices should be commonly used and up-to-date to support standard digital formats and functionalities.

Mandatory Guarantee of Conformity: For consumers in the EU and the UK, digital goods sold through the Zipit Service must meet the requirements of conformity as outlined by applicable consumer protection laws. Sellers are responsible for ensuring that their digital products:

• Conform to the description, quality, and functionality advertised;
• Are fit for the specific purpose for which such products are commonly used;
• Are free from defects and updates that would compromise their functionality.

If a seller offers digital goods that deviate from the objective requirements of conformity, they must clearly inform the consumer prior to purchase, and obtain the consumer's explicit consent to any such deviations.

By using the Zipit Service, consumers acknowledge and agree that the Platform itself does not guarantee conformity or bear responsibility for the characteristics of digital goods. Any disputes regarding non-conforming goods must be resolved directly with the seller.

Purchasing Process

1. Browse and Select: Users may browse the Platform to view available products listed by marketplace sellers. To make a purchase, users can select the desired product and review the product description, price, and any applicable terms set by the seller.
2. Add to Cart and Checkout: Once a product is selected, users can add it to their shopping cart. During checkout, users will be prompted to provide necessary payment and delivery information, as well as confirm the purchase details.
3. Payment: Users must complete the payment using the payment methods accepted by the Platform. All transactions are processed securely through third-party payment processors. The Platform does not handle or store payment details.
4. Order Confirmation: After payment is successfully processed, users will receive an order confirmation via email or through their Platform account. The confirmation will include details about the product, seller, and expected delivery (if applicable).
5. Delivery/Access: Users will typically gain access through download links or direct access to the digital product via the Platform or a third-party system.
6. Seller Responsibility: The individual seller is responsible for fulfilling the order, including shipping, delivery, and providing access to digital goods. Any issues related to the product or transaction should be resolved directly with the seller.

Payment and fees. Payment Policy

When a user sells an item on the Platform, a fee is deducted from the sale price. The fee varies between 2-5%, depending on the item’s price. Additionally, the Platform charges small fees for depositing and withdrawing funds, including cryptocurrency, into or from the user’s Platform wallet. All applicable fees will be clearly displayed during the transaction process.

No contract will exist between you and Zipit for the Service until Zipit accepts your order by a confirmatory e-mail, SMS/MMS message, or other appropriate means of communication.

Users of the Zipit platform can fund their Steam wallet using both fiat currency and cryptocurrency. Available payment methods may include major credit/debit cards (Visa or Mastercard/Maestro), bank transfers, and supported cryptocurrency options, as per Steam`s terms and conditions. All transactions are conducted in EUR by default, but using cards linked to accounts with other fiat currencies may incur conversion fees, which will be displayed at checkout.

Withdrawals from the wallet can be made according to the Steam account terms of service. Users are advised that their payment card issuer may charge additional fees for transaction processing or currency conversion, which are beyond Zipit’s control. You are responsible for any third-party fees that you may incur when using the Service.

Cancellation, Return and Refund Policy

Digital products and art (e.g. game items, collectibles, skins etc.) are qualified as digital content (virtual items) and are exempt from the general withdrawal right due to their specifics upon the consumer’s prior express consent.

All transactions with digital products and art (exchange, sale, purchase) are final and cannot be reversed or cancelled. This case is exempt from the general withdrawal right upon the consumer’s prior express consent.

BY AGREEING TO THIS REFUND POLICY AND MAKING A PURCHASE, YOU EXPRESSLY CONSENT TO THE LOSS OF YOUR RIGHT OF WITHDRAWAL AND WAIVE ANY RIGHTS IN CONNECTION THERETO.

YOU MAY REQUEST FOR A REFUND ONLY FOR THE FOLLOWING REASONS:

Digital product/art/service was not delivered. Please keep in mind that:

We will start processing your purchase once your payment is approved. Usually, it takes seconds to confirm your payment, but it may take longer depending on your payment method.

Any delay in payment processing by a payment service provider does not constitute a non-delivery and does not give rise to a refund.

If you purchase a digital product that is on hold period, you will receive a virtual copy of this product that you’ll be able to trade during the hold period. You will be able to receive this product into your inventory only after the expiration of the hold period. This case is not considered non-delivery.

If you have not received the ordered product/item or received it but not in full, please contact the Zipit support. Once we confirm the non-delivery, we will proceed with the refund.

If the purchase was made not by you and your payment credentials were used fraudulently, please contact us via email at Support@zipit.gg as soon as possible.

We will investigate the case, and if the money is still in our system, we will proceed with the refund, otherwise, the refund is not possible.

No Reason. Without specifying the reason, you may request a refund for the transaction to top up your balance within 14 days from the transaction date provided that you haven’t used the balance and non-crypto currency was used as the Payment Method. We do not do partial refunds.

WHEN CAN I EXPECT A REFUND?

By default, purchases will be refunded via the payment method used to make the purchase. Refunds are processed usually within 30 days, but in any way, not more than 60 days.

If your payment method does not support refunds, we will credit the refund amount to your Zipit balance.

We do not do refunds in cryptocurrency.

Links to Other Websites & Third-Party Services

This Terms of Use applies only to the Services. The Services may contain links to other websites not operated or controlled by Zipit. We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Please remember that when you use a link to go from the Services to another website, our Terms of Use are no longer in effect. Your browsing and interaction on any other website, including those that have a link on our Platform, is subject to that website`s own rules and policies. Such third parties may use their own cookies or other methods to collect information about you.

We may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services ("Third-Party Services").

You acknowledge and agree that Zipit shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Zipit does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.

Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.

Changes To Our Terms of Use

You acknowledge and agree that Zipit may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to users generally at Zipit`s sole discretion, without prior notice to you. You may stop using the Service at any time. You do not need to specifically inform Zipit when you stop using the Service. You acknowledge and agree that if Zipit disables access to your account, you may be prevented from accessing the Service, your account details or any files or other materials which is contained in your account.

We may change our Service, and we may make changes to these Terms of Use so that they accurately reflect our Service and policies. Unless otherwise required by law, we will notify you (for example, through our Service) before we make changes to these Terms and give you an opportunity to review them before they go into effect. By continuing to access or use our website/app after any revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you are no longer authorized to use Zipit. If we change our Terms of Use, we will post those changes on this page, and/or update the Terms of Use modification date above.

Zipit reserves the right to modify, suspend or discontinue, temporarily or permanently, the website/app or any service to which it connects, with or without notice and without liability to you. Zipit may from time to time provide enhancements or improvements to the features/ functionality of the website/app, which may include patches, bug fixes, updates, upgrades and other modifications ("Updates").

Updates may modify or delete certain features and/or functionalities of the website/app. You agree that Zipit has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the website/app to you.

You further agree that all Updates will be (i) deemed to constitute an integral part of the website/app, and (ii) subject to the terms and conditions of this Agreement.

Term and Termination

This Agreement shall remain in effect until terminated by you or Zipit. Zipit may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement and any user account with or without prior notice.

This Agreement will terminate immediately, without prior notice from Zipit, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the website/app and all copies thereof from your computer.

Upon termination of this Agreement, you shall cease all use of the Platform and delete all copies of the website/app from your computer.

Termination of this Agreement will not limit any of Zipit's rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.

Copyright Infringement Notice

If you are a copyright owner or such owner`s agent and believe any material on our website/app constitutes an infringement on your copyright, please contact us setting forth the following information: (a) a physical or electronic signature of the copyright owner or a person authorized to act on his behalf; (b) identification of the material that is claimed to be infringing; (c) your contact information, including your address, telephone number, and an email; (d) a statement by you that you have a good faith belief that use of the material is not authorized by the copyright owners; and (e) the a statement that the information in the notification is accurate, and, under penalty of perjury you are authorized to act on behalf of the owner.

Indemnification

You agree to indemnify and hold Zipit and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your: (a) use of the website/app; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.

No Warranties

The website/app is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Zipit, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the website/app, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, Zipit provides no warranty or undertaking, and makes no representation of any kind that the website/app will meet your requirements, achieve any intended results, be compatible or work with any other software, website/apps, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither Zipit nor any Zipit's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the website/app, or the information, content, and materials or products included thereon; (ii) that the website/app will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the website/app; or (iv) that the website/app, its servers, the content, or e-mails sent from or on behalf of Zipit are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.

Limitation of Liability

Notwithstanding any damages that you might incur, the entire liability of Zipit and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the website/app.

To the maximum extent permitted by applicable law, in no event shall Zipit or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the website/app, third-party software and/or third-party hardware used with the website/app, or otherwise in connection with any provision of this Agreement), even if Zipit or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

This Agreement, together with the Privacy Policy and any other legal notices published by Zipit on the Services, shall constitute the entire agreement between you and Zipit concerning the Services. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Zipit`s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. YOU AND ZIPIT AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute waiver of any subsequent breach.

No failure to exercise, and no delay in exercising, on the part of either party, any right or any power under this Agreement shall operate as a waiver of that right or power. Nor shall any single or partial exercise of any right or power under this Agreement preclude further exercise of that or any other right granted herein. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.

Entire Agreement

The Agreement constitutes the entire agreement between you and Zipit regarding your use of the website/app and supersedes all prior and contemporaneous written or oral agreements between you and Zipit.

You may be subject to additional terms and conditions that apply when you use or purchase other Zipit's services, which Zipit will provide to you at the time of such use or purchase.

Dispute Resolution

This section applies to any dispute EXCEPT IT DOESNT INCLUDE A DISPUTE RELATING TO CLAIMS FOR INJUNCTIVE OR EQUITABLE RELIEF REGARDING THE ENFORCEMENT OR VALIDITY OF YOUR OR ZIPIT'S INTELLECTUAL PROPERTY RIGHTS.  The term dispute means any dispute, action, or other controversy between you and Zipit concerning the Services or this agreement, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. Dispute will be given the broadest possible meaning allowable under applicable law.

Notice of Dispute

In the event of a dispute, you or Zipit must give the other a Notice of Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. You must send any Notice of Dispute via email to: Support@zipit.gg Zipit will send any Notice of Dispute to you by mail to your address if we have it, or otherwise to your email address. You and Zipit will attempt to resolve any dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, you or Zipit may commence arbitration.

Governing Law and Arbitration

If you and Zipit don`t resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by binding arbitration as described in this section. All disputes arising out of or relating to this Contract, including disputes arising out of or relating to its interpretation, invalidity, performance or termination, as well as disputes concerning the filling of gaps in the Contract or its adaptation to newly arising circumstances, shall be settled by the Court of Arbitration of the Bulgarian Chamber of Commerce and Industry in accordance with its Rules for Cases Based on Arbitration Agreements. Any and all legal, accounting, and other costs, fees, and expenses incurred by the prevailing party shall be borne by the non-prevailing party. Governing Law is the law of Bulgaria.

Typographical Errors

In the event a product and/or service is listed at an incorrect price or with incorrect information due to typographical error, we shall have the right to refuse or cancel any orders placed for the product and/or service listed at the incorrect price. We shall have the right to refuse or cancel any such order whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account or other payment account in the amount of the charge.

Miscellaneous

If for any reason a court of competent jurisdiction finds any provision or portion of these Terms of Use to be unenforceable, the remainder of these Terms of Use will continue in full force and effect. Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by an authorized representative of Zipit. Zipit will be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. Zipit operates and controls the Zipit Service from its offices in Bulgaria. The Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. Accordingly, those persons who choose to access the Zipit Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. These Terms of Use contain the entire understanding, and supersedes all prior understandings, between you and Zipit concerning its subject matter, and cannot be changed or modified by you.

Disclaimer

Zipit is not responsible for any content, code or any other imprecision. Zipit does not provide warranties or guarantees.

In no event shall Zipit be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the Service or the contents of the Service. The Company reserves the right to make additions, deletions, or modifications to the contents on the Service at any time without prior notice.

The Zipit Service and its contents are provided "as is" and "as available" without any warranty or representations of any kind, whether express or implied. Zipit is a distributor and not a publisher of the content supplied by third parties; as such, Zipit exercises no editorial control over such content and makes no warranty or representation as to the accuracy, reliability or currency of any information, content, service or merchandise provided through or accessible via the Zipit Service. Without limiting the foregoing, Zipit specifically disclaims all warranties and representations in any content transmitted on or in connection with the Zipit Service or on sites that may appear as links on the Zipit Service, or in the products provided as a part of, or otherwise in connection with, the Zipit Service, including without limitation any warranties of merchantability, fitness for a particular purpose or non-infringement of third party rights. No oral advice or written information given by Zipit or any of its affiliates, employees, officers, directors, agents, or the like will create a warranty. Price and availability information is subject to change without notice. Without limiting the foregoing, Zipit does not warrant that the Zipit Service will be uninterrupted, uncorrupted, timely, or error-free.