DEPICTR Terms of Service

1. Acceptance of Terms

By accessing or using the DEPICTR platform, website builder, or hosting services ("Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use our Services.

2. Description of Services & Showcase Directory

DEPICTR provides digital tools for businesses to design, publish, and host websites. When you publish a website, we provision a subdomain (e.g., yourbusiness.depictr.app), automated security encryption, and cloud hosting.

By publishing a website on DEPICTR, you acknowledge and agree that DEPICTR may generate and display a public showcase profile (e.g., at depictr.app/showcase) featuring your business name, industry category, public imagery, and live link to help drive search engine visibility and discovery for your brand.

Draft designs and inputs created before publication are ephemeral and remain within your browser session. DEPICTR only creates permanent database records and live hosting routing upon completed account authentication and publication.

3. Subscriptions, Payments & Billing

Access to live website hosting and publishing features is provided on a recurring subscription basis.

• Recurring Billing: By subscribing, you authorize automatic recurring monthly charges of $9.99 / month (or your selected plan rate) via our payment processor, Stripe Inc.
• Cancellation & Lifecycle: You may cancel your subscription at any time directly through your account dashboard with no hidden cancellation fees. Your website remains fully live and operational until the exact conclusion of your current prepaid billing period. Upon the conclusion of that period, website routing is terminated and all associated files, assets, and database records are permanently purged.
• Refunds: Monthly subscription payments are non-refundable once the billing period has commenced, as cloud resources and domain routing are provisioned immediately.

4. Connected Merchant Accounts (Stripe Express) & Platform Fees

Businesses utilizing DEPICTR for online ordering, point-of-sale, or digital customer payments onboard as connected merchants through Stripe Express. By creating or linking a Stripe Express account on DEPICTR, you agree to be bound by the Stripe Connected Account Agreement and the Stripe Services Agreement.

• Platform Fees & Commission: DEPICTR charges an application software fee consisting of a 1.0% platform commission plus a payment processing reserve fee of 2.5% + $0.30 AUD per successful transaction (totaling 3.5% + $0.30 AUD). This combined fee is deducted automatically via Stripe Application Fees from the gross transaction amount at checkout.
• Direct Merchant Payouts: The remainder (Gross Sale minus 3.5% + $0.30 AUD) is automatically deposited directly into your linked bank account on Stripe’s rolling payout schedule (typically within 2 business days in Australia).
• Australian Business Number (ABN) & Tax Invoices: Connected merchants must supply a valid Australian Business Number (ABN) and business name during setup. DEPICTR uses this information solely to automatically generate GST-compliant digital Tax Invoices and itemized receipts issued to your customers upon order completion.
• Merchant of Record & Disputes: You operate as the legal merchant of record for all products, food, beverages, and services sold through your website. You remain exclusively responsible for order fulfillment, customer satisfaction, dietary disclosures, refunds, and any chargebacks or financial dispute fees assessed by card networks or Stripe.

5. User Content, Prohibited Material & Acceptable Use

You retain ownership of the legitimate brand materials, logos, copy, menu items, and media you upload to DEPICTR. You represent and warrant that you hold all necessary rights, licenses, and permissions for any content you publish.

DEPICTR maintains a zero-tolerance policy for harmful, illicit, or malicious material. You expressly agree not to upload, publish, link to, or distribute any content that DEPICTR, in its sole discretion, deems inappropriate, unlawful, or in violation of these Terms, including but not limited to:

• Child Exploitation & Abuse: Any child sexual abuse material (CSAM), exploitation, endangerment, or grooming content. (Violations will result in immediate termination and reporting to law enforcement authorities).
• Adult & Sexually Explicit Content: Pornography, non-consensual sexual media, adult escort services, or gratuitous sexually explicit material.
• Hate Speech, Racism & Discrimination: Content that promotes racism, bigotry, discrimination, harassment, violence, or hatred against individuals or groups based on race, ethnicity, religion, disability, age, nationality, sexual orientation, or gender identity.
• Deceptive, Misleading & Fraudulent Material: Phishing, identity theft, impersonation, scams, pyramid schemes, or intentionally misleading medical, financial, or consumer claims.
• Illegal Activities & Malware: The promotion of illegal weapons, illicit drugs, dangerous contraband, copyright/trademark infringement, viruses, malware, or software designed to disrupt network security.

6. Right to Moderate, Remove Content & Cancel Subscriptions

DEPICTR reserves the absolute right, but does not assume the obligation, to monitor, review, screen, or moderate all content published across our platform.

If DEPICTR determines, in its sole and absolute discretion, that any website, project, or user is in breach of these Terms or has published inappropriate material, DEPICTR reserves the right to immediately and without prior notice:

• Remove, disable, or unpublish offending content, pages, or entire websites;
• Deactivate subdomain routing and SSL security certificates;
• Suspend or permanently terminate user accounts; and
• Cancel active subscriptions and access to hosting services without liability or entitlement to refund.

7. Service Availability & Limitations

While DEPICTR strives for maximum availability across global edge networks, the Services are provided on an "as is" and "as available" basis. We are not responsible for downtime caused by third-party registrar DNS propagation delays, external internet outages, or circumstances beyond our reasonable control.

8. Termination & Deletion by User

You may terminate your account and delete your website projects at any time. Upon deletion, all associated website content, customer bookings, and hosted media files are permanently removed and cannot be restored.

9. Governing Law & Contact

These Terms are governed by the laws of Australia. For any inquiries, acceptable use questions, or abuse reports, please reach out to:

support@depictr.app