Welcome to Digital Stockist! Digital Stockist is a website (Site) that allows you to download and access high-quality design resources from thousands of designers (Designs). In these conditions and terms (Terms), when we refer to “you” and/or “your,” we are referring to you, and, if applicable, any entity you are authorized to act on behalf of (such as an employer). When we say “we,” “us,” or “our,” we mean Spabi Exim (OPC) Private Limited, a company registered in India with company number CIN U51909MH2020OPC346301.

These Terms constitute our contract with you and outline the obligations we have as a service provider and your obligations as a consumer. You cannot buy or download Designs on our Site unless you agree to these terms. If you are a designer and upload your designs to our website, additional terms and conditions will apply, which can be found here.

Certain words capitalized in these Terms have specific meanings. Each time a word is mentioned in these Terms, it has the same meaning. A list of the designated terms and their meanings is available near the bottom of these Terms or within the Terms themselves.

If you have any questions regarding these Terms or need to reach us, please contact us using the information below:

Our Contact Details:

  • Company Name: Spabi Exim (OPC) Private Limited
  • Company Registration Number: CIN U51909MH2020OPC346301
  • Phone Number: +91-2513551830
  • Address: Spabi Exim (OPC) PVT.LTD, Unit No. A/618, 6th Floor, Silver Springs, Plot Number G-6, Taloja MIDC Road, Panvel, Navi Mumbai, Raigarh, MH 410208, IN
  • Email Address: hello@digitalstockist.com

The Terms were last updated on April 6, 2024.

1. Use of the Site

You accept these Terms when you first place an order through the Site and register to create an account. You must be at least 18 years old to use the Site or place orders for any Design license via the Site. While using the Site, you must not engage in any illegal activities or violate the law, including but not limited to:

  • Infractions to Our Community Guidelines;
  • Acts that violate the privacy rights of individuals (including uploading personal or private information without consent) or other legal rights;
  • Harassing, insulting, defaming, threatening, or infuriating anyone;
  • Conducting illegal activities;
  • Interfering with other users on the Site;
  • Modifying or tampering with the Site (including through the transmission of trojan horses or viruses);
  • Transmitting unsolicited electronic messages;
  • Employing data mining, robots, screen scraping, or similar tools for data extraction;
  • Assisting or facilitating any of the above actions.

Any personal information we collect from you will be handled in accordance with our privacy policy, available at Privacy Policy.

2. Accounts

You can buy Design licenses without registering an account or create an account to join our club, check your order history, and access Design Files related to previous purchases. You may also use your Facebook, Google, or other social media accounts (Social Media Accounts) to create an account. When logging in with your Social Media Account, we will access basic information from your Social Media Account, including your name.

You are responsible for ensuring that the personal information you provide when creating an account is correct and current. You must keep your account details private and are accountable for all transactions made using your account information, whether personal or not. We may block access to your account if we suspect illegal access or unauthorized use (such as sharing login credentials), and membership access may be terminated if applicable.

3. Ad-Hoc Orders

You can license Designs from us without joining. If you decide to license Designs via our Site, it is an order for the amount shown on our Site (Design Fee). You are responsible for verifying order details, including chosen Designs, appropriate license prices, and licenses, before making a purchase. After successfully placing an order and confirming payment, we will provide an access link to download the Design documents or send you a download link. If you do not receive the link within 24 hours, contact us using the information provided at the beginning of these Terms. Note that some Designs may not be suitable for individuals under 18 years of age. Please exercise caution when purchasing Designs for minors.

4. Memberships

General

  • We offer various memberships listed on our Website that provide immediate access to design and font licenses (Membership). Memberships can be purchased with a Payment Fee as described on our Site (Membership Cost) for a period you choose (usually annual or monthly) (Billing Cycle).
  • Memberships will automatically renew after each Billing Cycle at the same amount, and you will be charged the Membership Fee for subsequent Billing Cycles until you cancel your membership.

Modifications to Membership

  • To alter your Membership (e.g., changing levels), you must email us via your account before the expiration date of your current Billing Cycle. If you upgrade your Membership, we will bill you for the new fees (less unused fees from the prior month) and grant access to additional Membership features. Downgrading will retain access until the end of the current Billing Cycle, with the downgrade effective in the next Billing Cycle. Changes to the Billing Cycle can be made through your account, with a pro-rata cost applied for any changes.

Changes to Membership Services

  • We may modify the services in your Membership periodically. We will notify you at least 30 days before implementing changes. If the changes negatively impact your Membership experience, you may cancel it on the day of implementation by emailing us. If you cancel, you will not have access to your Membership after cancellation, and any pre-paid Membership Fees will be refunded pro-rata.

Credits

  • Memberships may include credits for purchasing Design licenses (Credits). Credits are unique to your membership, non-transferable, and cannot be exchanged for cash. Unused Credits are forfeited if you cancel your membership. Additional Credits can be purchased at the Site’s listed cost and must be used within the current Billing Cycle.

Fair Use

  • If you purchase a membership with unlimited downloads and download at a rate significantly greater than average, we may temporarily suspend access. We will explain the reason and, if necessary, adjust Membership Fees or terminate your Membership, with any pre-paid Membership Fees refunded pro-rata.

Cancellation

  • You can cancel your Membership anytime through the ‘Cancel My Account’ function in your account. Cancellation, except in specified cases, will be effective at the start of the next Billing Cycle.

5. Payment Terms

  • Payments (including Design fees and Membership fees) must be made in US dollars, inclusive of applicable taxes (e.g., VAT in India).
  • Payments must be made in advance through available options on the Site. Fraudulent or illegal payment methods are prohibited. If paying by card, you represent that you have authority to use the card.
  • Payment options are described on the Site. Third-party payment providers (e.g., PayPal) may have additional terms. We do not store credit card information; payments are processed by third-party processors.
  • Refunds are only available according to Consumer Law Rights and these Conditions.
  • We may offer promo discount codes and run promotions on the Site or via social media, subject to posted rules and regulations.

6. Your Right to Alter Your Mind
(a) This clause applies when you create an account on the Website or buy a Design as a consumer under Consumer Laws.
(b) You are entitled to terminate the purchase of the Design license or Membership and receive a full refund without giving any reason, up to 14 days from the date you accept these Terms (Cooling-off period). If you log into your Membership or request access to Design licenses (e.g., by downloading an image) within the Cooling-off period, this will be considered as an express request for services, resulting in the loss of your right to cancel the Membership.
(c) If you do not possess the power to alter your decision, you do not have the right to change your mind about canceling your Membership or an order within the Cooling-off Period if you explicitly desire to download a Design during this period.
(d) To terminate this Agreement, you must contact us via the contact information provided at the beginning of these Terms or use the model Cancellation Form found in Attachment 1.
(e) Refunds will be issued as quickly as possible. If you exercise your right to cancel under this clause, the refund will be processed after 14 days from notifying us of your decision. The amount will be debited from your account within 7 working days.

7. Delivery and AI Generated Content
(a) We guarantee that the Designs will be delivered with reasonable care and expertise.
(b) Some Designs on our Site are generated by third-party Artificial Intelligence (AI). AI Generated Content is licensed to you on an “as is” basis for use at your own risk. To the extent permitted by law and your Consumer Law Rights, we do not make any representations or warranties regarding AI Generated Content, including but not limited to non-infringement of Intellectual Property Rights or other third-party rights, and we are not responsible for any liability resulting from your use of AI Generated Content.

8. Availability, Disruption, and Downtime
(a) We strive to keep our Site accessible at all times but cannot guarantee continuous availability. The Site may be unavailable due to planned or emergency repairs.
(b) Our Site may rely on third-party products or services, such as Illustrate AI. We are not responsible for disruptions or downtime caused by third parties.
(c) We will endeavor to provide adequate notice of any interruptions to our Site if feasible.

9. Design License
(a) We offer various types of licenses, including premium and Corporate Licenses. When you sign up for a Membership that includes a License, the type of License will be specified. For recurring Design licenses, the License will be outlined before purchase.
(b) Upon downloading a licensed Design from our Website, we grant you an irrevocable, non-exclusive, worldwide, non-sublicensable, and transferable right to use the Design according to the purchased License.
(c) The complete conditions of the respective License are available on our site and are part of these Terms.
(d) The provisions of this clause will continue to apply despite the expiration or termination of these Terms.

10. Intellectual Property
(a) We own all Intellectual Property Rights related to the Site, including trademarks, copyrights, and Designs licensed to us by our artists and partners.
(b) You may use our Intellectual Property only to access our Website and not for any other purpose. Unauthorized use, copying, or distribution of our Intellectual Property is prohibited.
(c) You must not alter, frame, or create derivative works of our Intellectual Property without prior written approval.
(d) We collect, analyze, and monitor usage data in aggregated and anonymized form (Analytics). You retain rights to Analytics, and we may use them for our business purposes as long as they do not contain identifiable data.
(e) The provisions of this clause will continue to apply despite the expiration or termination of these Terms.

11. Content You Share
(a) You may post or upload content, including reviews (User Content), on the Site or through our social media pages. We may conduct campaigns encouraging users to share User Content with specific hashtags.
(b) By posting User Content, you grant us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license to use, view, copy, modify, adapt, distribute, and publicly display the content.
(c) You are solely responsible for the content you post and warrant that you own all necessary rights to grant us the license and that your content does not infringe third-party rights or violate any laws.
(d) We do not endorse or approve User Content and may remove it at our discretion.
(e) This provision will continue to apply despite the expiration or termination of these Terms.

12. Termination
(a) We may terminate these Terms if you fail to pay, violate these Terms and do not remedy the breach within 14 days, or if you encounter insolvency-related events.
(b) We may restrict access to your account while investigating suspected violations.
(c) In case of termination due to our breach, we will refund any unused portion of the prepaid amount on a proportional basis.
(d) Upon termination or expiration of these Terms, you will lose access to Design files unless you renew your Membership. However, your rights to use previously downloaded Designs will not be affected.
(e) Termination does not alter any rights or obligations accrued under these Terms.
(f) The provisions of this clause will continue to apply after the expiration or termination of these Terms.

13. Limitations and Exclusions from Our Responsibility
(a) The limitations and exclusions do not apply to intentional failures to comply.
(b) The limitations apply to all liabilities arising from or in connection with these Terms, including those under law, contract, equity, tort (including negligence), or misrepresentation.
(c) Liability is restricted for personal injury, fraud, or defective Designs under the Consumer Protection Act 1987.
(d) Subject to clauses 13(a) and 13(c), if you are a consumer:

  • We will repair or compensate for damage caused by erroneous Design files if it results from our failure to exercise reasonable care.
  • We are not liable for loss of profits, business interruption, or loss of business opportunities if Designs are used for commercial purposes.
  • We are not liable for losses resulting from non-compliance with these Terms except for foreseeable losses.
    (e) Liability for consequential losses is excluded to the fullest extent allowed by law.
    (f) Our total responsibility for all liabilities is limited to the amount we received from you for the related services.
    (g) Our liability for any losses is reduced proportionately if the losses were aggravated by your actions or omissions, and our total liability is limited to the amount we received for the related services.
    (h) Clauses implied by the Supply of Goods and Services Act 1982 are exempted to the fullest extent allowed by law.

14. General
(a) Amendment: We may amend these Terms at our discretion by posting updated conditions on the Site with 14 days’ notice. Updated Terms will apply to future purchases or Membership renewals.
(b) Assignment: You may not transfer any rights or obligations under these Terms without our prior written permission.
(c) Contracts (Rights of Third Parties) Act 1999: No third party has rights under these Terms.
(d) Disputes: Neither party may commence court proceedings until attempting to settle the dispute through good faith discussions. Unresolved disputes will be referred to mediation or arbitration as specified.
(e) Entire Agreement: These Terms constitute the complete agreement between us and you, excluding claims, representations, or assurances not set out in these Terms.
(f) Force Majeure: We are not liable for events beyond our reasonable control.
(g) Governing Law: These Terms are governed by the laws of India, Mumbai, and any disputes will be resolved by courts in Mumbai.
(h) Notices: Notices must be in writing and sent to the provided addresses. They are considered received 48 hours after postal delivery or immediately if sent by email.
(i) Third-Party Sites: We are not responsible for third-party content linked from our Site.

15. Definitions

  • Consequential Loss: Includes indirect losses, loss of profit, revenue, business interruption, goodwill, opportunities, and damage to reputation.
  • Consumer Laws: Includes applicable consumer protection laws.
  • Intellectual Property: Includes all forms of intellectual property rights.
  • Liability: Includes all costs, obligations, losses, damages, claims, and judgments.

For any questions or concerns about these Terms, please contact us at support@digitalstockist.com or write to:

Spabi Exim (OPC) PVT. LTD
Unit no A/618, 6th Floor, Silver Springs
Plot Number: G-6, Taloja MIDC Road, Panvel
Navi Mumbai, Raigarh MH 410208, IN
CIN U51909MH2020OPC346301