Terms of Service

These Terms of Service ("Terms") form a binding agreement between you and KELYXA LTD, a company registered at 50 Princes Street, Ipswich, Suffolk, United Kingdom, IP1 1RJ (registration number: 15442948) ("Kelyxa", "we", "us", "our"), governing your access to and use of the Kelyxa website, applications and related services (together, the "Platform"), including the marketplace for photos, videos, icons, fonts and 3D models, the shopping cart and checkout, the points wallet, and the seller dashboard.

By creating an account, browsing the catalog, adding an item to your cart, purchasing an item, topping up or withdrawing points, or uploading content, you confirm that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, Cookie Policy, License Agreement, Refund Policy, and Copyright/DMCA Policy, each of which is incorporated into these Terms by reference and forms a single agreement between you and us.

If you do not agree to these Terms in full, you must not access or use the Platform. We may require you to affirmatively accept these Terms (for example, via a checkbox) at registration and at sign-in; declining to do so will prevent you from creating an account or accessing account-gated features.

You must be at least 18 years old, or the age of legal majority in your jurisdiction if higher, and have the legal capacity to enter into a binding contract, to create an account, add items to a cart, make a purchase, or sell content on the Platform.

By registering, you represent and warrant that: (a) all information you provide during registration and at any point thereafter is accurate, current, and complete; (b) you will maintain and promptly update that information; (c) you are not barred from using the Platform under the laws of your country of residence or any other applicable jurisdiction, including export control and sanctions laws; and (d) if you register on behalf of a company or other legal entity, you have the authority to bind that entity to these Terms.

We may, at our discretion, request proof of identity or age before granting access to certain features, such as payouts, and may suspend an account pending verification.

The Platform offers two distinct account types, each with its own registration and sign-in flow: Buyer accounts, used to browse, add to cart, purchase, and download licensed assets, and manage a points balance for purchases; and Contributor (Seller) accounts, used to upload, price, and sell original content and manage earnings and payouts.

A Buyer account and a Contributor account are entirely separate — separate credentials, separate dashboards, separate wallets — even when registered with the same email address and even when operated by the same person. The same email address may be used to register one Buyer account and one Seller account, but not to register two accounts of the same type; attempting to do so, or otherwise creating multiple accounts of the same type to circumvent limits, promotions, or moderation decisions, is prohibited.

You are solely responsible for maintaining the confidentiality of your account credentials (for both account types, if you hold both) and for all activities that occur under your account, whether or not you authorized them. You must notify us immediately at the email address on our Contact page of any unauthorized use of your account or any other breach of security.

We reserve the right to suspend or terminate any account that provides false information, violates these Terms, or is used for fraudulent, abusive, or illegal purposes, at our reasonable discretion and, where practicable, with notice.

The catalog can be browsed and filtered by type (photo, video, icon, font, or 3D model), category, orientation, and price. Prices are stored and charged in Euro (EUR); a display-only conversion to other supported currencies (currently Pound Sterling, GBP) may be shown at your preference using a fixed, periodically-updated rate — the actual charge is always processed in EUR regardless of the currency displayed at the time of browsing.

Buyers may add multiple items to a shopping cart before checking out. The same item can never be purchased twice by the same Buyer account; the Platform automatically prevents adding an already-owned item to the cart and prevents a duplicate purchase at checkout even if attempted through concurrent sessions.

Before your first checkout, you must add a billing address to your account (name, address, city, postal code, country, and phone number). This information is required to complete any purchase and is used for invoicing and fraud-prevention purposes; it is not used to ship any physical goods, since all items sold on the Platform are digital.

At checkout you may pay using points from your wallet balance (in full, where your balance covers the price), by card via our payment processor, or with a combination of both ('mixed payment') — see Section 13 for how the points wallet works. Payments are processed by our third-party payment service provider (currently PaynetEasy); we do not collect, process, or store your full card details, which are handled directly by the payment provider under applicable card network and data security standards (PCI DSS).

Upon successful payment confirmation — for the full order, or for the card portion of a mixed payment — you are granted immediate access to download the purchased asset(s) in their original, unwatermarked form, subject to the License Agreement, and an email receipt is sent to the address on your account.

We reserve the right to refuse, cancel, or limit any order at our discretion, including in cases of suspected fraud, pricing errors, technical malfunction, or violations of these Terms, in which case any amount charged (by card and/or points) will be reversed or restored to you.

Contributors represent and warrant that they own or otherwise control all necessary rights, including copyright, trademark, and, where applicable, model and property releases, in and to the content they upload (across every supported type — photos, videos, icons, fonts, and 3D models), and that such content does not infringe the rights of any third party or violate any applicable law.

All contributor uploads are subject to review before becoming publicly available and may be rejected, with a reason provided, at our sole discretion. We may also remove previously approved content at any time, and suspend the listing pending review, if we determine it violates these Terms, infringes a third party's rights, or breaches applicable law.

Kelyxa retains a 20% commission on the gross sale price of each transaction; the contributor is credited the remaining 80% to their Earnings wallet (see Section 13). Contributors set their own listing prices within the bounds we publish from time to time.

Contributors are independent parties, not employees, agents, or partners of Kelyxa, and are solely responsible for any tax obligations, including income tax and VAT/sales tax, arising from their sales through the Platform, and for complying with any local business registration or licensing requirements applicable to their sales activity.

For 3D model listings, contributors may upload a set of preview images shown as a gallery on the listing page in addition to the downloadable model file; all preview images are subject to the same rights warranties as the model file itself.

You may not: (a) redistribute, sell, sublicense, or publicly display watermarked preview files (images, video clips, font specimens, icon pack previews, or 3D model preview renders) other than to evaluate an asset before purchase; (b) circumvent, disable, or otherwise interfere with payment, licensing, points-wallet, or security features of the Platform; (c) upload or transmit content that is unlawful, infringing, defamatory, obscene, hateful, or that contains malware or other harmful code; (d) scrape, harvest, or systematically download catalog content or metadata except through purchases made in the ordinary course; (e) attempt to reverse-engineer, decompile, or probe the Platform's underlying systems; (f) misrepresent your identity or account type, or create multiple accounts of the same type to evade a suspension, limit, or moderation decision; or (g) use the Platform in any manner that could disable, overburden, or impair its operation or another user's access to it.

Violation of this section may result in immediate suspension or termination of your account, forfeiture of pending payouts pending investigation, cancellation of points balances obtained through the violation, and, where applicable, referral to law enforcement.

The Platform, including its design, text, graphics, logos, interface, and underlying software, is owned by or licensed to Kelyxa and is protected by copyright, trademark, and other intellectual property laws. Nothing in these Terms transfers any ownership rights in the Platform itself to you, and all rights not expressly granted are reserved.

Rights in individual catalog items remain with the contributing seller (or Kelyxa, for officially published items attributed to our own storefront account) and are licensed to buyers strictly under the terms of the License Agreement, not sold or assigned.

The 'Kelyxa' name and logo are our trademarks; you may not use them without our prior written consent except as reasonably necessary to refer to the Platform (for example, in a review).

The Platform and all content are provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement, to the maximum extent permitted by applicable law. We do not warrant that the Platform will be uninterrupted, error-free, or free of harmful components, or that any given asset is fit for your particular intended use.

To the maximum extent permitted by law, Kelyxa will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business opportunity, arising out of or in connection with your use of, or inability to use, the Platform, even if we have been advised of the possibility of such damages. Our aggregate liability for any claim arising from or relating to these Terms or the Platform will not exceed the greater of €100 or the amount you paid to us in the twelve months preceding the event giving rise to the claim.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for fraud, fraudulent misrepresentation, or for death or personal injury caused by negligence.

You agree to indemnify, defend, and hold harmless Kelyxa and its officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with: your breach of these Terms; content you upload as a contributor, including any claim that it infringes a third party's rights; or your use of the Platform in violation of applicable law.

You may close your account at any time by contacting us via the details on our Contact page. We may suspend or terminate your access to the Platform, in whole or in part, with or without notice, if we reasonably believe you have violated these Terms or applicable law, or if required to do so by law.

Upon termination, your right to access the Platform ceases immediately; any content you already purchased and downloaded remains licensed to you under the License Agreement (unless that specific purchase is separately refunded or revoked), but you will lose access to your account, cart, dashboards, and any unused points balance except as required by applicable law or as we determine appropriate in our discretion.

Sections that by their nature should survive termination — including intellectual property, disclaimers, limitation of liability, indemnification, points and wallets (as to obligations already accrued), and governing law — will continue to apply after your account is closed or terminated.

We will not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including acts of God, natural disaster, war, terrorism, civil unrest, labor disputes, internet or telecommunications failures, or failures of third-party service providers (including our payment processor or hosting infrastructure).

Severability: if any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect, and the unenforceable provision will be reformed to the minimum extent necessary to make it enforceable.

No waiver: our failure to enforce any right or provision of these Terms will not be deemed a waiver of that right or provision.

Assignment: you may not assign or transfer these Terms or any rights under them without our prior written consent; we may assign these Terms freely, including in connection with a merger, acquisition, or sale of assets.

Entire agreement: these Terms, together with the policies incorporated by reference, constitute the entire agreement between you and us regarding the Platform and supersede any prior agreements on the same subject matter.

Notices: we may provide notices to you via the email address on your account or by posting on the Platform; such notices are deemed received when sent or posted.

The Platform operates two entirely separate internal wallets: a Buyer points balance, and a Contributor earnings balance. They are never linked, never combined, and never interchangeable, even where the same person holds both a Buyer and a Contributor account.

Buyer points ('Points') are a stored-value unit for use within the Platform only, fixed at a rate of 1 Point = €1.00; Points are never a currency, security, or deposit, and do not accrue interest. Buyer accounts may add Points to their balance ('top up'), charged through our payment processor exactly like a purchase, and use them — alone or combined with a card payment — to pay for purchases at checkout. Buyer Points cannot be withdrawn, cashed out, or transferred to another account, to a bank account, or to a card under any circumstances — they may only be spent on purchases on the Platform.

Contributor earnings accrue automatically as a seller's 80% share of each completed sale (see Section 5), denominated in EUR. Earnings are never usable to make a purchase and are never converted into Buyer Points. Earnings may be withdrawn via a payout request, converting the requested amount to EUR or GBP at the Platform's published conversion rate at the time of the request. Payout requests are reviewed before funds are released and may be subject to identity verification or a minimum withdrawal amount; in this demo environment, payout requests do not trigger a real bank transfer.

At checkout, a Buyer may choose to pay entirely with Points (if their balance covers the full price), entirely by card, or with a combination of both ('mixed payment'), where the Points portion is deducted immediately and the remaining balance is charged to the card via our payment processor.

If a card charge in a mixed payment fails or is cancelled, any Points already deducted for that attempt are automatically refunded to the Buyer's balance. If a completed purchase is refunded under the Refund Policy, any Points used toward that purchase are restored to the Buyer's balance rather than reimbursed by other means.

Points and Earnings both have no cash value beyond their stated use, are non-transferable between accounts, and, unless required by applicable law, are forfeited if an account is closed or terminated for violation of these Terms. We may correct erroneous credits or debits to either wallet caused by a technical fault at any time.

These Terms are governed by the laws of United Kingdom, without regard to its conflict-of-law principles. Any dispute arising out of or relating to these Terms or the Platform will be subject to the exclusive jurisdiction of the courts of United Kingdom, except where mandatory consumer-protection law grants you the right to bring proceedings in your own country of residence.

Before initiating formal proceedings, we encourage you to contact us via the details on our Contact page so we can attempt to resolve the matter informally.

We may amend these Terms from time to time to reflect changes in our services, legal requirements, or business practices. Material changes will be notified via the Platform or by email at least 14 days before taking effect where practicable, and, where required, we will ask you to re-confirm your acceptance. Continued use of the Platform after changes take effect constitutes acceptance of the revised Terms.

Questions about these Terms can be directed to us via the details on our Contact page.