Terms of Sale and Service

These Terms of Sale and Service (the “Terms“) form an agreement between Sixfab, Inc., its German Affiliate Sixfab GmbH and its Turkish subsidiary Dene Teknoloji A.Ş. (“Sixfab” or “We”) and the purchaser (“You” or “Customer“) of Sixfab’s Products and Services, as specified in the corresponding order (“Order“). By purchasing, activating, or using Sixfab’s Products and Services, You affirm Your understanding and acceptance of these Terms.Collectively, Sixfab and the Customer may be referred to as the (“Parties“).


I. Definitions

“Affiliate(s)” refers to any entity that directly or indirectly controls, is controlled by, or is under common control with Sixfab. For the purposes of this definition, “control” means the direct or indirect ownership of more than fifty percent (50%) of the voting interests of Sixfab or the power to direct or cause the direction of the management and policies of such entity, whether through ownership, by contract or otherwise.

“Authorized User” refers to any individual authorized by the Customer to access and use Sixfab’s Products and Services under the Customer’s purchased subscriptions or Plans. The Customer is responsible for ensuring Authorized Users’ compliance with these Terms.

“Force Majeure Event” refers to floods, earthquakes, hurricanes or other comparable elements of nature or acts of God, wars, civil disorders, general strikes, third-party strikes or revolutions in any country affecting the operations of Sixfab or any other event beyond the reasonable control of the non-performing party including without limitation failures of the internet or any public telecommunication network, denial of service attacks, viruses, or other malicious software attacks, governmental restrictions,  given that the default or delay could not have been avoided or prevented.

“Intellectual Property/Intellectual Property Rights” refers to all registered or unregistered intellectual property rights or any proprietary information or rights, in whole or in part, anywhere in the world, (whether capable of registration or otherwise) and including without limitation to copyrights (including copyright in source code, object code, procedures manuals and related documentation), trade secrets, know-how, business and trade names, trademarks, trade dress, domain names, designs, service marks, utility models, patents, algorithms, database rights and other original creations and other forms of intellectual property.

“Order” refers to an agreement to purchase Sixfab’s Products and Services. Orders can be placed by completing the required forms, direct contact sales and e-commerce checkout process on our website. (E-mail and other means of communications marketing and sales)

“Plan(s)” refers to Sixfab SIM usage subscription plans, which may be either Pay-As-You-Go or Data Pool Plans  or Sixfab Cloud services subscriptions

“Products and Services” refers to the goods and services of Sixfab. “Products” refers to any goods, devices, its, hardware, or other physical items provided or sold by Sixfab, including but not limited to our various development kits, cellular modem kits, IoT kits, and other related hardware products or any physical items listed on https://sixfab.com/shop . “Services“ refers to any services provided by Sixfab, including but not limited to the Sixfab

“Registered Devices” refers to the hardware devices operating on Sixfab’s software, which the Customer has registered according to the selected Plan. The Customer is responsible for the selection, use, and compatibility of Registered Devices not provided by Sixfab.

“Sixfab Platform” refers to the platform (https://connect.sixfab.com/#/login) and website (https://sixfab.com) developed by Sixfab to manage remote IoT devices  or SIM Cards from one place.

“Subscription Term” refers to the period identified in each Order or Plan during which Sixfab agrees to provide and the Customer agrees to pay for access to Sixfab’s Services.

“Trademark Ownership” refers to the ownership of trademarks, trade dress, logos, brand names, or symbols used to identify Sixfab’s Products and Services.


II. Order Placement ,Cancellation and Acceptance:

Orders can be placed by completing the required forms and checkout process on our website. All orders are final, non-cancellable, and non-refundable. Please review the     Return Policy for details and exceptions of the policy..      

Your placement of an order does not constitute our acceptance. Confirmation of your order will be sent via email. Our acceptance of your order will only take place once we accept payment from you and confirm shipment of the Product(s) or provision of the Service(s).

We reserve the right, at any time prior to or after shipment or provision, to decline and/or cancel an order for any reason. In the event of a change to or cancellation of an order, we will attempt to notify You using the contact information provided at the time the Order was made.

You are responsible for selecting and using Sixfab’s Products and Services that are appropriate for their specific products and applications.


III. Payments and Purchase of Products and Services

Prices and Payment Terms:

The prices of Sixfab’s Products and Services will be as quoted on our site at the time You submit Your Order. 

Sixfab may, at any time, change the sales price of the Subscription Plans provided that it shall be effective in the next renewal period. You will be informed about the changes to the fees through Sixfab Platform before the Subscription Plan renewal date. Sixfab reserves the right to cancel the Subscription Plan and delete Your account at any time within the conditions specified in these Terms. Prices and availability of the Products are subject to change without notice.

At Sixfab’s discretion, we may provide You with a coupon code. Sixfab provides two types of coupons, a discount code valid only at https://sixfab.com/shop  or a data credit coupon for Sixfab Platform. To redeem a coupon, enter the provided code at checkout for the shop. For data credit coupon You must select the “Redeem” button for claiming your data credit. If valid, the coupon code will be applied. It’s essential to note that coupon codes must be entered during purchase; post-purchase adjustments will not be honored. Our coupons are not exchangeable for cash or similar forms. The coupon codes cannot be applied to previous purchases, transferred, resold, or combined with any other offers, promotions, discounts, or coupons.

By completing the payment for the Order, You confirm that the payment method belongs to You or is in Your name where an agreement is entered into with any credit or third-party payment provider. You agree not to cancel Your payment for fraudulent reasons, to provide Sixfab with all records necessary to contest any cancellation claims, and to reimburse Sixfab for any expenses incurred in recovering the funds it is owed under the contract of sale. You also agree to pay all bank fees related to any transactions or failed transactions initiated by You or on Your behalf.

If You fail to make payment when due, Sixfab and its Affiliates may suspend or cancel performance under any agreements, including delay or cancellation of shipment on any open orders and Services. Sixfab will not be liable for, and You will hold Sixfab harmless from, any costs or losses resulting from suspension or cancellation on account of Your failure to make Payment. You may not deduct any payment amounts on account of unresolved disputes. 


IV. Obligations of the Parties

a) Sixfab’s Obligations: 

Sixfab shall:

  • deliver the Products and provide the Services as described in the Order, in accordance with these Terms and Conditions, and with reasonable skill and care.
  • comply with all laws, regulations, and rules applicable to the provision of the Products and Services.
  • shall ensure that the Products and Services meet the descriptions provided in the Order and any applicable specifications, standards, or quality requirements.
  • provide remote support services through Sixfab Platform for any Products or Services by You, if within the scope of the Order.

If Sixfab’s performance of its obligations under these Terms is prevented or delayed by any act or omission of the Customer, or its agents, consultants, or employees, Sixfab shall not be deemed in breach of its obligations under these Terms.

b) Customer’s Obligations

    The Products and Services is intended solely for personal,or non-commercial se by You. Any use of the Products and Services other than for abovementioned authorized purposes are strictly prohibited.

    By purchasing or using Sixfab’s Products and Services You agree to;

    • Comply with all instructions and guidelines provided by Sixfab regarding the use and care of the Products and Services.
    • Ensure that any and all necessary consent or authorization required for Sixfab to provide the Products and Services is obtained.
    • Keep Your contact information and other account information up to date.
    • Pay for the Products and Services on time as agreed in the pricing and payment terms.
    • Be responsible for the use of the Products and Services, even if used by others with or without the Your permission.
    • Not to remove, obscure, or alter any legal notices displayed in or along with the Products and Services.
    • Comply with the laws and regulations of the region where will use the products, and that the customer accepts the obligations of researching, re-testing and re-certifying the products if mandatory, even if Sixfab does not specify them.

    You represent that You will implement appropriate safeguards and precautions to anticipate and minimize any potentially dangerous consequences that may arise from the failure of Sixfab’s Products and Services. Sixfab does not claim any liability for the PAYG pricing of the third-party SIM service provider. Sixfab will inform You, should you exceed your data and should You wish to switch to data pool subscription.

    By purchasing or using Sixfab’s Products and Services You agree not to:

    • Modify, alter, adapt, copy, translate, perform and display, or create derivative works based on Sixfab’s software or hardware, or engage in any action that may be deemed as copyright infringement under applicable law.
    • Decompile, reverse engineer, disassemble Sixfab’s hardware and software, or otherwise attempt to obtain the source code for software.
    • Distribute or otherwise transfer or make available – either directly or via another reseller – to a third party the Services except as permitted.
    • Duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts (including the look and feel of the Services).
    • Knowingly access, store, distribute or transmit any viruses or any material during the course of its use of the Services that is unlawful, harmful, defamatory, infringing, facilitates illegal activity, depicts sexually explicit images and/or causes damage or injury to any person or property.
    • Resell, lease, or provide the products or services to others without prior written permission from Sixfab.
    • Use the Products and Services for any unlawful purposes, including but not limited to the commission of a criminal offense, gaining unauthorized access to other computer systems, or transmitting unlawful material.

    Failure to comply with these obligations may result in suspension or termination of the Services and cancellation of the Order, at Sixfab’s sole discretion. These obligations are in addition to, and do not replace, any other obligations the Customer has under these Terms or under applicable law.

    c) Account Responsibilities of the Customer

      You agree to create only 1 (one) unique account and be the sole authorized user of your account for Sixfab Connect Platform (https://connect.sixfab.com/#/login) for your Sixfab SIM, keep your account accurate, complete, and with up-to-date information. Your failure to keep your account data accurate, complete, and up to date may lead to your inability to access and your use of the Sixfab Connect Platform or your account’s termination by us. Therefore, you must or inform us immediately of any changes to your information in your Account Dashboard by emailing us. 

      If you provide any information that is untrue or inaccurate, not current, or incomplete, or if the Company suspects that your information is untrue or inaccurate, not current, or incomplete, the Company may, in its sole discretion, suspend or terminate your account and refuse your current or future access to any Service.

      By registering for an account and becoming a Customer of the Sixfab Connect Platform, you agree to be liable for all activities that take place under your account and agree to always keep the safety and privacy of the login credentials. If you become conscious of or reasonably suspect any violation of safety, including without limitation any loss, theft, or unlawful disclosure or use of your account, you must promptly notify us. If we suspect that there is likely to be a breach of security or misuse of the Website or Sixfab Connect Platform, or violation of any obligation under these Terms, we may suspend or terminate your account. Such termination or suspension may be immediate and without notice. In such event, all information held in your account and Account Dashboard will be deleted without notice, and you accept full responsibility, and you hereby release and hold harmless Sixfab from any and all liability in this regard.

      If you are signing up on behalf of any other person, then you represent and warrant that you have the right, authority, and capacity to enter these Terms on behalf of the person that you represent. 

      You also agree to ensure that you log out from your account at the end of each session. You should be cautious when accessing your account from a public or shared computer so that others are not able to view or record your email, password, or other personal information. We have the right to disable any password, or other identifiers, whether chosen by you or provided by us, at any time, including if, in our opinion, you have violated any provision of these Terms.

      Sixfab cannot and will not be held responsible for any loss or harm caused by your inability to maintain the safety of your account. Thus, Sixfab is not responsible for any loss or damage as a result of someone else using your account, the registration information, with or without your knowledge.

      IF YOU VIOLATE ANY PROVISION OF THESE TERMS, YOU HEREBY ACKNOWLEDGE AND ACCEPT THAT SIXFAB MAY TERMINATE OR SUSPEND YOUR ACCOUNT AT ITS SOLE DISCRETION. IN SUCH CASE, YOU HEREBY DISCLAIM AND HOLD THE COMPANY HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY RESULTING FROM SUCH TERMINATION OR SUSPENSION AND ACCEPT NOT TO HOLD THE COMPANY RESPONSIBLE FOR ANY CLAIMS FOR COMPENSATION, DAMAGE, OR REIMBURSEMENT IN THIS REGARD. 


      V. Intellectual Property Rights

      Sixfab retains all Intellectual Property Rights pertaining to the Products and Services and their components. 

      The Customer is obliged to promptly report to Sixfab any third-party claim relating to the intellectual property rights in the Products and Services that comes to the Customer’s attention.

      Under these Terms, Sixfab grants You, a non-exclusive, worldwide, fully paid-up, non-transferable license. This license is valid for the duration of Your chosen Plan and permits You to use the Sixfab Intellectual Property Rights incorporated into the Products and Services we provide. The use of this license is limited to the purposes outlined in below:

      [We retain all right, title, and interest in and to the Sixfab Platform Intellectual Property Rights, including, without limitation, (i) all text, graphics, typefaces, formatting, graphs, designs, editorial content, HTML, look and feel, software, and data, (ii) all business processes, procedures, methods, and techniques used in the Sixfab Platform, (iii) all other materials and content uploaded or incorporated into the Sixfab Platform, including, without limitation, all Sixfab Platform Content and (iv) all associated trade secret rights and other intellectual property and proprietary rights recognized anywhere in the world (collectively, “Sixfab IP”). Sixfab IP is protected in all forms, media, and technologies now known or hereinafter developed. Sixfab owns all Sixfab IP, as well as the coordination, selection, arrangement, and enhancement of such Sixfab IP as a collective work under the U.S. Copyright Act of 1976, as amended, and other intellectual property laws of the United States and any foreign jurisdiction where the Sixfab Platform is accessed, and all rights to the Sixfab Platform, such Content, and such software are expressly reserved. The Sixfab IP is protected by the domestic and international laws of copyright, patents, and other proprietary rights and laws.

      All trademarks and service marks, whether registered or unregistered, as well as product names and company names or logos, displayed or mentioned on the Sixfab Platform are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by Sixfab.

      Dene Teknoloji A.Ş. is the rightful owner and manufacturer of the cellular connectivity solutions hardware,     , and IoT products mentioned in this clause. Sixfab Inc and Sixfab GmbH hold exclusive licenses granted by Dene Teknoloji A.Ş. to utilize and commercialize the intellectual property rights associated with the Products. Any references to Sixfab Inc or Sixfab GmbH in this clause imply their authorized usage and rights to the Products’ intellectual property. The Customer accepts and acknowledges that all Sixfab products or the products of Sixfab sub-contractors or resellers are originally Made in Turkey by Dene Teknoloji A.Ş. and billed through Sixfab, Inc. and Sixfab GmbH. Any other products not made by Dene Teknoloji A.Ş or billed by any other third-party companies excluding Sixfab, Inc. or  Sixfab GmbH shall not be covered within the scope of these Terms.

      VI. Limitation of Liability

      You maintain full responsibility for Your use of Sixfab’s Products and Services, including their integration into Your own products and applications. This responsibility includes, but is not limited to, (1) selecting and using Sixfab’s Products and Services that are appropriate for Your products and applications, (2) designing, validating, and testing Your products and applications, and (3) ensuring Your products and applications meet any applicable standards, regulations, safety and security requirements.

      Even if Sixfab provides certain information or assistance, the ultimate responsibility remains solely with You, including when Sixfab offers a sample design, design advice, or presents a product or service as compliant with or capable of meeting an industry or proprietary standard.

      You assume all risk related to the integration and use of Sixfab’s Products and Services in Your products and applications. Sixfab will not be held liable for any application of its Products or Services in Your products and applications, especially where malfunction could cause significant property damage, environmental harm, personal injury, or death.

      You affirm that You will use appropriate precautions that anticipate and mitigate dangerous consequences of potential failures in Sixfab’s Products and Services incorporated into Your applications or products.

      This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if company has been advised of the possibility of such damage.

      Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages; therefore, the above limitations or exclusions may not apply to User. These Terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the Terms shall not apply to the extent prohibited by applicable law. Please note that third-party payment providers may use payment mechanisms that could store Your data, which may be accessible to us. Refer to the individual third-party payment provider websites for further information on their data storage practices.

      VII. Electronic and Third-Party Communications

      By providing Sixfab with Your email address and using the Sixfab Platform, You affirmatively consent to the use of Your email address for notifications from Sixfab regarding important products and services announcements and other administrative communications related to Your use of the Products and Services and/or the Sixfab Platform, as well as certain marketing and other advertising communications from Sixfab and from third-party advertising partners, as more fully set forth in our Privacy Policy. You will be able to opt out of receipt of certain notifications by following the instructions described in our Privacy Policy.

      Sixfab reserves the right to contact the You through the e-mail provided by their account information with e-mail marketing (ie. informing You of subscribing benefits and features, letting You know of problems with the Sixfab Platform or with Services, or presenting You with the opportunity to buy selected subscription package) upon Users’ consent and other related content pursuant to the Data Protection and Privacy section of these Terms and the Privacy Policy.

      Sixfab may provide tools within the Products and Services to export information to third-party services. By using these tools, You consent to Sixfab’s transfer of such information to the respective third-party service. Sixfab disclaims any liability or responsibility for the use of Your exported information by such third-party services.

      Sixfab disclaims all liability for any communications directed to You from any third party directly or indirectly in connection with the Sixfab Platform that You may receive and any actions You may take or refrain from taking as a result of any Third-Party Communications. You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any third-party communications. Sixfab assumes no responsibility for verifying, and makes no representations or warranties regarding, the identity or trustworthiness of the source or content of any Third-Party Communications.

      By using the Sixfab Platform, You expressly relieve and hold Sixfab harmless from any and all liability arising from Third-Party Communications, including any loss or damage incurred as a result of any dealings between You and any third parties. It is Your responsibility to evaluate the content and usefulness of the information obtained from third parties.

      If you later decide that you do not want to receive future Promotional Communications electronically, you may withdraw your consent. You can opt-out Promotional Communications at any time (i) by following the instructions described in our Privacy Policy; (ii) following the unsubscribe instructions contained in each message; or (iii) (if applicable) by changing the communication preferences in your account through your e-mail address. Your withdrawal of consent shall be effective within a reasonable time after we receive your withdrawal notice described above. Your withdrawal of consent will not affect the legal validity or enforceability of these Terms provided to, and electronically signed by, you prior to the effective date of your withdrawal.


      VIII. Warranty

      Warranty Period: Sixfab assures You that the (i) IoT Hardware conforms to the published specifications for such products for a duration of one hundred and eighty (180) days from the date Sixfab or an authorized Sixfab distributor delivers the product, (ii) Cellular SIM cards and data packages conform to Sixfab’s published specifications for a period of thirty (30) days after delivery, and (iii) customary design Cellular Development Kits, if any, will be free of defects in Terms of material and workmanship for ninety (90) days from delivery.

      However, please note that this assurance does not cover any nonconformity caused by:

      (a) Neglect, misuse, or mistreatment by any party other than Sixfab, including improper storage, installation or testing, and usage of Products beyond the instructions provided in the Sixfab Platform, or any products that have been altered or modified by anyone other than Sixfab;

      (b) Nonconformity resulting from Your design, specifications, or instructions for such products, or improper system design;

      (c) Non-payment of dues by the stipulated deadline.

      (d) Conforming to actual or specific needs or purposes You expect

      We implement testing and quality control techniques as deemed necessary by Sixfab. We do not test all parameters of each product.

      If any products fail to meet the warranty mentioned above, Sixfab’s only obligation will be to, at its discretion, repair or replace such products, or credit Your account for such products. This liability is limited to products returned during the warranty period to the designated Sixfab address and are determined by Sixfab to have failed to meet the warranty. If Sixfab chooses to repair or replace such products, it will be done within a reasonable timeframe. Repaired products will carry the remainder of the original warranty period, while replaced products will be entitled to a new full warranty period.

      Please note that, except for the warranties stated above, all products and all related documentation are provided “as is” and “with all faults.” Sixfab disclaims all other warranties, express or implied, including but not limited to, any epidemic failure warranty or implied warranties of merchantability, fitness for a particular purpose, and noninfringement of intellectual property rights.

      Sixfab may offer You technical, applications, or design advice (including reference designs), quality characterization, reliability data, or other services. Please understand that providing these services does not alter Sixfab’s warranties as stated above, and no additional obligations or liabilities arise from Sixfab providing such services. These services are provided to You “as is” and “with all faults.” Sixfab disclaims all warranties, express or implied, regarding such services, including, but not limited to, any epidemic failure warranty, or implied warranties of merchantability, fitness for a particular purpose, and noninfringement of intellectual property rights.

      Sixfab’s warranty does not cover any third-party products claiming to be Sixfab products or Services. Original Sixfab products are defined in accordance with the article V: Intellectual Property Rights of these Terms.

      Use Restriction: 

      (a) If a natural disaster, incident or any other emergency situation occurs or is likely to occur, Sixfab may restrict the use of the Sixfab Connect Platform by the Customer in order to give priority to communications whose content are necessary for the prevention of or relief from calamities, for the securing of transportation, communications or electric power supply, the maintenance of public order or any other public interest.

      (b) If Sixfab detects any significant and/or continuous signal or transmission using a communication procedure or application which occupies the communication band used by Sixfab, Sixfab may control the transmission rate and traffic of such signal or transmission by controlling the communication band allocated to such signal or transmission. 

      (c) Sixfab may suspend or limit the use of the Sixfab Connect Platform by the Customer, if: (i) the Customer delays in performing or fails to perform any payment obligation or any other obligation under the Agreement; (ii) the Customer gives a false information to Sixfab; (iii) Sixfab deems that the Customer violates these Terms; (iv) the credit card account designated by the Customer is invalid, unavailable or cannot be used or recognized; or Suspension of Service 

      (d) Sixfab may suspend or amend provision of the Sixfab Connect platform if: (i) there are unavoidable reasons requiring maintenance or construction of Sixfab; (ii) a cloud service provider suspends provision of cloud services to Sixfab; (iii) Sixfab changes the Customer ID)  or (iv) for any commercial or technical issues arising from the SIM infrastructure provider

      Sixfab will announce such suspension on the Website in advance except in cases of urgent necessity. If there are unavoidable reasons (including but not limited to technical reasons), Sixfab may discontinue provision of the Sixfab Connect Platform in whole or part.

      IX. Return Policy

      Your Order will be subject to our [Return & Refunds Policy], which provides detailed information about the conditions and procedures for returns, refunds, replacements, and other matters. including in cases of product warranty breach.

      By placing an Order, You agree to comply with the terms set forth in our Return & Refunds Policy.


      X. Shipping Policy

      Your Order will be subject to our [Shipping Policy], which provides detailed information about the conditions and procedures for returns, refunds, replacements, and other matters. including in cases of product warranty breach.

      By placing an Order, You agree to comply with the terms set forth in our Shipping Policy.

      Export Control

      All exports, re-exports, and transfers of products may be subject to U.S. and the EU export controls and sanctions. As a buyer, You must comply with all applicable laws and regulations. Our products may not be exported, re-exported, sold, or transferred to U.S. or the EU embargoed, sanctioned, or restricted destinations, persons, or entities without acquiring the necessary governmental authorization. You must also inform any third party receiving products from You about these compliance obligations.

      Unless You’ve obtained the necessary U.S ,EU. or other relevant governmental authorizations, You may not export, re-export, transfer, purchase, or sell any product for a military end-use, to a military end-user, or for the design, development, production, or use of nuclear, chemical, or biological weapons or missile technology. You further acknowledge that certain Products purchased from Sixfab may constitute “Dual-Use Item” according to EU Dual-Use Regulation (Regulation 2021/821) and the Reseller shall take any necessary measures to comply with any and all applicable rules and regulations pertaining to export related activities.

      Each party is responsible for securing the necessary export and import authorizations at its own cost. You agree to indemnify Sixfab (including its agents and representatives) against any damages, costs, losses, and liabilities arising out of non-compliance with this section. If the required authorization is not obtained, or if You breach this clause, Sixfab reserves the right to terminate, cancel, or be excused from its obligations under this contract. Product classifications are provided for Sixfab’s convenience and do not constitute any warranty; You’re responsible for Your own compliance obligations. This clause will remain effective even after the termination or expiration of this contract.


      XI. Use for Sixfab Website

      You are not required to sign up for an account in order to benefit from the Website and the Services with exception to the Sixfab Connect platform only available for Authorized Users only.  You can leave personal messages by contacting us via e-mail or the Website.

      The Website also provides certain information to you without acceptance/registration, and such provision of Services does not absolve you of this contractual relationship. Furthermore, such information belonging to the Website, Sixfab social media or other third-party platforms, accessible by You, shall not make Sixfab liable for any claims from You. You accept that any information provided through the Website, social media accounts or third-party sites by Sixfab to you without acceptance/registration are solely at your own discretion.

      XII. Other Provisions

      Confidentiality: Both Parties shall maintain the confidentiality of all proprietary or confidential information received from the other Party and shall not disclose or use such information without the prior written consent of the disclosing Party. Confidential information includes, but is not limited to, trade secrets, know-how, inventions, techniques, processes, programs, schematics, software source documents, data, customer lists, financial information, and sales and marketing plans.

      Data Protection: Sixfab hereby represents and warrants compliance with all relevant legislation, rules, regulations, directives, and guidelines on the compilation, use, and disclosure of information and data gathered from the Customer. 

      Rules include without limitation (i) United States Federal and relevant State laws in regard to data collection and data privacy including California Customer Privacy Act (“CCPA”), California Privacy Rights Act (“CPRA”); and; (ii) if applicable, the Data Protection Directive and the General Data Protection Regulation (“GDPR”) by the European Union, or any other rules of another jurisdiction or rules, laws or any other part of the legislation issued by the relevant data protection authorities, and any amendments and changes thereof or laws as may be repealed or succeeded.     

      Sixfab shall comply with all applicable data protection laws in the provision of the Products and Services and the processing of Customer data. Please check out our [Privacy Policy].

      Force Majeure: Parties shall not be responsible for any error or delay in fulfilling any of their corresponding obligations arising from these Terms if a Force Majeure Event prevents them from doing so.

      Eligibility: We do not permit individuals under 18 years of age to become a Customer. Unless you are at least 18 years of age, you should not create an account by any means. By accessing the Sixfab Platform and using the Services, you represent and warrant that you are at least 18 years of age and have the right, authority, and capacity to enter into these Terms and to abide by the provisions of these Terms.

      Children under the age of majority (mostly under 13) may not use the Sixfab Platform, or the Services or register for an account. If you are a parent or a legal guardian allowing a person between the ages of 13 and 18 (a “Minor”) to access or use the Platform or Services, registering for an account you hereby agree to (i) oversee the Minor’s use of the Sixfab Platform, access of the Services and their account; (ii) assume all liabilities arising from the use of the Sixfab Platform, Services, and their account; (iii) ensure that the content of the Platform and Services is appropriate for the Minor; (iv) ensure that all information submitted by the Minor to us is accurate and true; and (v) provide the consents, representations, and warranties contained in these Terms on behalf of the Minor. 

      Your account may be deleted without notice if we believe that you are a Minor, you are under 18 years of age and you represent yourself as 18 or older, or you are over 18 and represent yourself as under 18. 

      Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of California, United States of America, and the Parties consent to the exclusive jurisdiction and venue of the courts of State of  California. 

      By proceeding with the purchase or use of Sixfab’s Products and Services, You acknowledge that You have read, understood, and agree to be bound by these Terms.

      Complete Agreement, Governing Language: This Term constitutes the entire agreement between You and Sixfab relating to the Sixfab’s Products and Services and supersedes all prior or contemporaneous understandings regarding such subject matter. Any translation of a dispute between the English and any non-English versions, the English version of this Terms is done for local requirements and in the event of a dispute between the English and non-English versions, the English version of these Terms shall prevail and govern the relationship between You and Sixfab. Any translation of these Terms into non-English languages is provided solely for local requirements and convenience. In the event of a dispute arising between the English version and any non-English translations, the English version of these Terms shall take precedence and be binding. This provision ensures clarity and consistency in the interpretation and application of these Terms.

      Each provision in these Terms and Conditions applies to the fullest extent possible to all Products and Services offered by Sixfab, whether hardware, software, or other. However, where a provision explicitly pertains to a specific type of product or service (e.g., hardware or software), it should be interpreted as applying primarily to that type of product or service.

      Despite these distinctions, all Customers are expected to abide by all provisions in these Terms and Conditions to the extent that they are relevant to the specific products or services that they purchase or use. It is the Customer’s responsibility to understand which provisions apply to the products or services they purchase or use.

      Please note that this provision is designed to clarify the application of these Terms and Conditions and does not limit or alter any other rights or obligations outlined in this document.

      Notices: Any notices given by You under these Terms shall be given in writing and shall be delivered to the following address and/or email:

      Sixfab Inc.

      825 Watter’s Creek Blvd., Suite 250 

      Allen, Texas 75013 

      E-mail:

      [email protected]

      Relationship Between the Parties. The parties are independent contractors. Neither party is the agent, partner, employee, fiduciary, or joint venturer of the other party under this Agreement. There are no third-party beneficiaries under this Agreement.

      Remedies. Except as otherwise provided herein, the parties’ rights and remedies under this Agreement are cumulative and non-exclusive. No single right or remedy shall be exclusive of any other which is consistent with the former. Customer acknowledges that the Products and Services contain valuable trade secrets and proprietary information of Sixfab and its suppliers, that any actual or threatened breach of this Agreement by Customer would constitute immediate, irreparable harm for which monetary damages would be an inadequate remedy, and that injunctive relief is an appropriate remedy for such breach.

      Waivers. All waivers must be in writing. Any waiver or failure to enforce any provision of this Agreement on one occasion shall not be deemed a waiver of any other provision or of such provision on any other occasion.

      Severability. If any provision of this Agreement is held unenforceable by a court, such provision may be changed and interpreted by the court to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions shall continue in full force and effect.

      Assignment.  Sixfab may assign these Terms, without restriction, upon notice to the Customer. Except as otherwise provided herein, Customer may not assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the prior express written consent of Sixfab; provided, however, Customer may assign this Agreement in its entirety, together with all rights and obligations hereunder, to any party that is not an Embargoed Party in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets related to this Agreement, and Customer shall provide Sixfab with prior written notice of such assignment.

      Entire Agreement. These Terms constitutes the final and entire agreement between the parties regarding the subject of this Agreement and supersedes all prior or contemporaneous agreements, understandings, course of performance, and communications, whether written or oral. For the avoidance of doubt, the parties may during the course of performance repetitively indicate their assent to this form of Agreement, the EULA, or the TOU, such as by clicking an “Accept” icon on our website; the parties agree that once they have entered into this Agreement, such subsequent manifestations of assent shall be treated as an affirmation or amendment of the contract that they have formed under these terms, and not as a series of separate contracts.  In no event shall any clauses, terms, or conditions of a Federal Customer or State Customer flow-down to Sixfab, or into this Agreement, or otherwise be deemed to be included or apply to this Agreement, without Sixfab’s prior and express written consent.