Terms of Service
1. Introduction and Acceptance of Terms
Welcome to Marathon-OS ("Marathon-OS", "we", "our", or "us").Marathon-OS operates as a digital marketplace and aggregation platformdesigned to enable creators (hereinafter referred to as "Sellers") to upload, list, and sell computer-aided design files ("CAD Files"), and to allow customers ("Buyers") to browse, purchase, and download such CAD Files through the Marathon-OS website, mobile application, or any associated digital interface (collectively, the "Platform").
By accessing, registering for, or otherwise using the Platform, you("you", "your", or collectively, the "User") acknowledge that you have read, understood, and agreed to be legally bound by these Terms and Conditions ("Terms"), together with any other policies or agreements incorporated herein by reference, including our Privacy Policy and Refund Policy.
If you do not agree to these Terms, you must immediately cease all access to and use of the Platform. Continued use of the Platform constitutes your ongoing acceptance of and agreement to be bound by these Terms in their entirety.
2. Definitions
For the purposes of these Terms, the following expressions shall have the meanings assigned to them below. All defined terms shall have the same meaning whether used in the singular or plural form.
"Platform" means the Marathon-OS website, mobile application, web portal, and any other online services, systems, or interfaces operated or controlled by Marathon-OS through which the Services are made available.
"Seller" means any registered User who uploads, lists, offers for sale, or otherwise distributes CAD Files through the Platform.
"Buyer" means any registered or guest User who accesses, purchases, downloads, or otherwise acquires CAD Files from a Seller through the Platform.
"CAD File" refers to any digital file, dataset, or asset representing a two- or three-dimensional computer-aided design, drawing, model, or any other related digital content that is uploaded, listed, or sold by a Seller on the Platform.
"Commission" means the percentage-based service fee, currently ten percent (10%), retained by Marathon-OS from each completed sale transaction conducted through the Platform.
"Payout" means the net amount of funds disbursed by Marathon-OS to a Seller for completed sales on the Platform, after deduction of applicable Commissions, processing charges, taxes, or any other fees as specified under these Terms.
"User" collectively refers to any individual or entity that accesses, uses, or registers an account on the Platform, including both Buyers and Sellers.
3. Account Registration and Eligibility
3.1 Account Creation.
To access or use certain features of the Platform, each User may be required to register for an account ("Account"). When creating an Account, you agree to provide information that is accurate, current, and complete, and to promptly update such information as necessary to maintain its accuracy at all times.
3.2 Account Security.
You are solely responsible for maintaining the confidentiality and security of your login credentials (including usernames, passwords, authentication tokens, or any other access keys) and for all activities that occur under your Account. Marathon-OS shall not be liable for any loss or damage arising from your failure to safeguard your Account credentials.
3.3 Eligibility.
Use of the Platform is permitted only to individuals who are at least eighteen (18) years of age or have otherwise reached the age of majority in their respective jurisdiction and are legally capable of entering into binding contracts. By creating an Account or using the Platform, you represent and warrant that you meet these eligibility requirements.
3.4 Account Termination.
Marathon-OS reserves the right, at its sole discretion, to suspend or terminate any Account that contains false, inaccurate, incomplete, or outdated information, or that it reasonably believes has been compromised or used in violation of these Terms.
4. Platform Use Rules and Restrictions
4.1 Permitted Use.
The Platform may be accessed and used solely for its intended purpose—namely, to list, sell, purchase, and download CAD Files in accordance with these Terms and all applicable laws.
4.2 Prohibited Conduct.
You agree not to engage in any conduct that, directly or indirectly, could compromise the integrity, security, or proper functioning of the Platform. Without limiting the foregoing, you shall not: a. Use the Platform for any illegal, fraudulent, deceptive, or unauthorized purpose;
b. Upload, transmit, or distribute any viruses, worms, Trojan horses, malicious code, or other harmful material;
c. Attempt to circumvent, interfere with, or manipulate the Platform's payment, authentication, or security systems;
d. Misrepresent your identity or the ownership, authorship, or licensing rights of any CAD File or other content;
e. Use, develop, or deploy any automated scripts, bots, crawlers, data-mining tools, or scraping technologies to access, extract, copy, or redistribute any portion of the Platform, its listings, or its data;
f. Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying structure of the Platform;
g. Interfere with or disrupt the operation of the Platform, servers, or networks connected thereto; or
h. Engage in any other activity that, in Marathon-OS's sole discretion, could harm the Platform, its users, or the business interests of Marathon-OS.
4.3 Enforcement.
Any violation of this Section 4 may result in the immediate suspension or termination of your Account, removal of infringing content, withholding of payouts, and/or legal action as Marathon-OS deems appropriate under applicable law.
5. Seller Terms
5.1 Listing Requirements
Each Seller shall ensure that every listing published on the Platform is accurate, complete, and not misleading in any respect. Listings must include, at a minimum, a truthful description of the CAD File, its technical specifications, format, version, and intended use. Sellers are solely responsible for the content, quality, and compliance of their listings.
5.2 Ownership, Accuracy, and Originality
Each Seller hereby represents and warrants that: a. They are the rightful owner of, or have obtained all necessary rights, licenses, consents, and permissions to upload, list, and sell each CAD File offered through the Platform;
b. Each CAD File is original and has not been copied, modified, or derived from any unauthorized source; and
c. The upload, sale, and distribution of such CAD Files do not infringe or misappropriate any third-party intellectual-property rights, confidentiality obligations, or privacy rights. Sellers shall remain solely liable for any claims, damages, or losses arising out of or related to a breach of the foregoing warranties.
5.3 License to Buyers
Upon completion of a valid purchase, each Seller grants the corresponding Buyer a non-exclusive, non-transferable, worldwide, perpetual license to download and use the purchased CAD File solely for the Buyer's own internal, personal, or commercial projects, subject always to the usage restrictions and prohibitions set forth in these Terms. This license does not convey ownership of the CAD File or any intellectual-property rights beyond the limited use expressly granted herein.
5.4 Prohibited Uploads and Enforcement
Sellers shall not upload, list, or make available through the Platform any CAD File or other content that:
a. Contains copyrighted, patented, or trademarked material they do not own or are not authorized to distribute;
b. Includes third-party confidential, proprietary, or trade-secret information; or
c. Violates any applicable law, regulation, export restriction, or industry standard.
Marathon-OS reserves the right, in its sole discretion, to remove or disable any listing, suspend or terminate a Seller's Account, or withhold payouts upon receipt of an intellectual-property complaint or whenever Marathon-OS reasonably believes that a listing violates these Terms or applicable law.
6. Buyer Terms
6.1 Purchase Process
Buyers may purchase CAD Files through the Platform using the payment methods approved and supported by Marathon-OS. All payments are processed and collected by Marathon-OS acting in its capacity as a limited payment intermediary on behalf of the relevant Seller. The completion of a purchase constitutes a binding transaction between the Buyer and the Seller, subject to these Terms.
6.2 No Refund Policy
All purchases of digital CAD Files made through the Platform are final, non-cancellable, and non-refundable. Because CAD Files constitute intangible, immediately-delivered digital content, Marathon-OS cannot issue refunds, exchanges, or credits once a file has been made available for download or access.
6.3 License Grant to Buyers
Upon successful purchase and full payment, each Buyer is granted a non-exclusive, non-transferable, worldwide, perpetual license to use the purchased CAD File solely for the Buyer's own internal, personal, or commercial purposes, unless a different license is expressly stated by the Seller in the applicable listing. No ownership or intellectual-property rights are transferred to the Buyer under this license; all rights not expressly granted remain with the Seller.
6.4 Restrictions on Use
Buyers shall not, directly or indirectly:
a. Resell, redistribute, sublicense, lease, lend, or otherwise make any CAD File available to third parties;
b. Modify, adapt, decompile, or reverse-engineer any CAD File for the purpose of redistribution or derivative sale;
c. Remove, obscure, or alter any copyright notice, watermark, or proprietary legend contained in a CAD File; or
d. Claim authorship, ownership, or intellectual-property rights in any CAD File purchased through the Platform.
Any breach of this Section 6 may result in immediate suspension or termination of the Buyer's Account and may expose the Buyer to civil or criminal liability under applicable intellectual-property laws.
7. Payments, Invoicing and Payouts
7.1 Payment Collection and Processing All payments for CAD File purchases made through the Platform are collected and processed by Marathon-OS acting as a limited payment intermediary between Buyers and Sellers. Marathon-OS collects full payment from Buyers on behalf of the respective Seller and retains a service commission in accordance with these Terms.
7.2 Commission Structure For each completed sale, Marathon-OS shall deduct a commission equal to ten percent (10%) of the gross transaction value (the "Commission"). This Commission covers payment-gateway charges, Platform maintenance, and administrative costs. The remaining net balance shall be payable to the Seller as a Payout.
7.3 Invoicing Procedure Upon completion of a sale:
a. The Seller shall issue an invoice to Marathon-OS for the sale amount net of the Commission; and
b. Marathon-OS shall issue an invoice to the Buyer for the gross sale amount collected. All invoices shall comply with applicable tax and accounting regulations and shall reflect any goods-and-services-tax (GST), value-added-tax (VAT), or other statutory levies where required.
7.4 Payout Schedule Payouts to Sellers shall be disbursed: At the end of each month for all CAD Files sold on or before the 20 th of that month; and At the end of the following month for all CAD Files sold after the 20 th. Payouts shall be made to the bank account or payment instrument designated by the Seller within the Platform dashboard. Marathon-OS shall not be liable for delays arising from inaccurate account information or third-party payment-gateway issues.
7.5 Taxes and Withholding Each Seller is solely responsible for declaring, collecting, and remitting all applicable taxes, duties, or statutory contributions arising from their earnings. Marathon-OS may deduct or withhold such amounts as it is required to do under applicable law and shall provide corresponding documentation to the Seller upon request.
7.6 Right to Withhold or Delay Payouts Marathon-OS reserves the right, at its sole discretion, to withhold, delay, or reverse payouts in the event of:
a. Suspected or verified fraud, chargeback, or payment dispute;
b. Violation of these Terms or applicable law; or
c. Pending investigation of intellectual-property or ownership claims.
Any amounts withheld under this Section shall be released or forfeited in accordance with the outcome of the relevant investigation or dispute.
8. Intellectual Property Rights
8.1 Ownership of Seller Content Each Seller retains all right, title, and interest in and to the CAD Files and any associated intellectual-property rights therein. Nothing in these Terms shall be construed as transferring or assigning ownership of any CAD File to Marathon-OS or to any Buyer.
8.2 Marathon-OS as Facilitator Only Marathon-OS acts solely as a technological intermediary and marketplace facilitator between Sellers and Buyers. Marathon-OS does not claim, verify, or assert ownership over any CAD File uploaded to the Platform, and does not independently review or validate the originality, authenticity, or ownership of such files.
8.3 Seller Responsibility and Representations Sellers are solely and exclusively responsible for ensuring that their CAD Files and listings do not infringe, violate, or misappropriate any copyright, trademark, patent, trade secret, moral right, or other intellectual-property or proprietary right of any third party. Each Seller represents and warrants that they possess all necessary rights and licenses to upload, list, and sell their CAD Files through the Platform.
8.4 Limitation of Liability for IP Disputes Marathon-OS disclaims all liability arising from any intellectual-property dispute between Users. Without limiting the foregoing, Marathon-OS shall not be liable for any claim relating to copyright, trademark, patent, or other intellectual-property rights in connection with content uploaded or sold by Sellers through the Platform.
8.5 Takedown and Complaint Procedure If Marathon-OS receives a credible complaint alleging that a CAD File infringes third-party rights, Marathon-OS may, in its sole discretion, remove or disable access to the allegedly infringing content, suspend the Seller’s Account, and/or take other appropriate actions in accordance with applicable law.
9. Limitation of Liability
9.1 Service Provided “As Is.” To the maximum extent permitted by applicable law, the Platform and all services, content, and features provided through it are offered by Marathon-OS on an “as is,” “as available,” and “with all faults” basis, without any warranties, representations, or conditions of any kind, whether express, implied, statutory, or otherwise. Marathon-OS expressly disclaims all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, as well as any warranty arising from course of dealing or usage of trade.
9.2 Exclusion of Damages. To the fullest extent permitted by law, Marathon-OS, its affiliates, officers, employees, agents, and licensors shall not be liable for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages, including without limitation:
a. Loss, corruption, or unauthorized disclosure of data or files;
b. System failure, downtime, or service interruption;
c. Intellectual-property disputes or alleged infringement relating to Seller content;
d. Loss of profits, revenue, goodwill, or anticipated savings; or
e. User-to-user disputes or any acts or omissions of third-party payment processors, hosting providers, or integration partners. These limitations apply regardless of the theory of liability—whether in contract, tort (including negligence), strict liability, or otherwise—and even if Marathon-OS has been advised of the possibility of such damages.
9.3 Aggregate Liability Cap. Notwithstanding anything to the contrary contained herein, the aggregate liability of Marathon-OS for all claims arising out of or relating to these Terms or the use of the Platform shall not exceed the total amount paid by you to Marathon-OS during the twelve (12) months immediately preceding the event giving rise to such claim.
9.4 Jurisdictional Limitations. Because some jurisdictions do not allow certain warranty disclaimers or liability exclusions, the foregoing limitations shall apply only to the extent permitted by applicable law.
10. Refund Policy
All purchases of CAD Files made through the Platform are final, non-cancellable, and non-refundable. Because CAD Files constitute intangible digital goods that are delivered instantly upon purchase, Marathon-OS is unable to provide returns, exchanges, or credits once a file has been made available for download or access. Buyers are therefore urged to review all listing information carefully before completing any transaction.
11. Commissions and Fees
11.1 Commission Rate.
Marathon-OS charges a commission equal to ten percent (10%) of the gross transaction value for each sale completed through the Platform.
11.2 Purpose of Commission.
This fee covers, among other things, the costs of payment processing, Platform maintenance, hosting, fraud prevention, and operational services.
11.3 Automatic Deduction.
Commissions are automatically deducted from the gross amount of each sale prior to disbursement of the Seller's Payout, as described in Section 7 of these Terms.
11.4 Changes to Commission Structure.
Marathon-OS reserves the right to revise its commission rate or introduce additional service fees upon reasonable prior notice to Sellers. Any continued use of the Platform after such notice constitutes acceptance of the updated fee structure.
12. Termination and Suspension of Accounts
12.1 Termination by Marathon-OS.
Marathon-OS may, at its sole discretion and with or without prior notice, suspend, restrict, or permanently terminate any User Account if:
a. The User violates or is reasonably suspected of violating these Terms or any applicable law;
b. Fraudulent, abusive, or otherwise unlawful activity is detected;
c. A credible intellectual-property or ownership complaint is filed against the User or their content; or
d. The Platform, or any portion thereof, is discontinued for technical, business, or regulatory reasons.
12.2 Effect of Termination.
Upon termination:
a. The User’s right to access the Platform shall immediately cease;
b. Any outstanding financial obligations of the User shall remain payable; and
c. All previously granted licenses to Buyers for purchased CAD Files shall survive termination in accordance with their original terms.
12.3 Voluntary Termination by User.
Users may request closure of their Accounts at any time through the Platform interface or by written notice to Marathon-OS. Account closure does not entitle the User to any refund of fees or commissions previously paid.
12.4 No Liability for Suspension.
Marathon-OS shall not be liable for any losses, damages, or claims arising from the suspension or termination of a User Account in accordance with this Section.
12A. Data Protection and Privacy
Marathon-OS is committed to protecting user data in accordance with applicable data protection laws, including India's Digital Personal Data Protection Act 2023 and GDPR where applicable. Our Privacy Policy, incorporated by reference into these Terms, outlines how we collect, process, store, and protect personal and CAD file data. We implement appropriate encryption, access controls, and breach notification procedures to safeguard user information and uploaded content.
13. Dispute Resolution and Governing Law
13.1 Good-Faith Negotiation.
In the event of any dispute, controversy, or claim arising out of or relating to these Terms, the Platform, or any transaction conducted through it, the parties shall first make a good-faith effort to resolve the matter amicably through negotiation or mediation within thirty (30) days of written notice of such dispute.
13.2 Arbitration.
If the dispute remains unresolved after such period, it shall be finally settled by binding arbitration conducted in accordance with the Arbitration and Conciliation Act, 1996, and the rules of the Indian Council of Arbitration (ICA) then in force. The arbitration shall be conducted in English, and the seat and venue of arbitration shall be Gurgaon, Haryana, India. The award rendered by the arbitrator shall be final and binding upon both parties.
13.3 Governing Law and Jurisdiction.
These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict-of-laws principles. Subject to the arbitration clause above, the courts located in Gurgaon, Haryana, shall have exclusive jurisdiction for any proceedings not subject to arbitration.
14. Indemnification
14.1 User Obligation.
Each Seller and Buyer ("User") agrees to indemnify, defend, and hold harmless Marathon-OS, its affiliates, officers, directors, employees, and agents from and against any and all losses, damages, liabilities, penalties, costs, or expenses (including reasonable attorneys' fees) arising out of or relating to:
a. Any CAD File or content uploaded, listed, sold, or distributed by the User;
b. Any alleged or actual infringement of third-party intellectual-property, confidentiality, or privacy rights;
c. The User's misuse, abuse, or unauthorized use of the Platform; or
d. The User's breach of these Terms or violation of any applicable law or regulation.
14.2 Indemnification Process.
Marathon-OS shall promptly notify the User of any claim subject to indemnification, and the User shall cooperate fully in the defense of such claim. Marathon-OS reserves the right to assume exclusive defense and control of any matter otherwise subject to indemnification at the User's expense.
15. Changes to Terms
15.1 Right to Modify.
Marathon-OS reserves the right, at its sole discretion, to amend, modify, or update these Terms at any time. Any such changes shall become effective upon posting the revised Terms on the Platform or upon direct notification to Users via email or in-Platform notice.
15.2 Continued Use as Acceptance.
Your continued access or use of the Platform after the effective date of any such changes shall constitute your binding acceptance of the revised Terms. If you do not agree with the modifications, your sole remedy is to discontinue use of the Platform and close your Account.
16. Contact Information
For any questions, notices, or legal correspondence regarding these Terms or the Platform, please contact:
Marathon-OS
4th Floor, BS4F, Malibu Towne, Sector 47,
Gurgaon, Haryana – 122018, India
📧 Email: invite@marathon-os.com
17. Final Acknowledgement
By accessing or using the Platform, you expressly acknowledge and agree that:
a. All CAD-File purchases are final, non-cancellable, and non-refundable;
b. Marathon-OS acts solely as a facilitator and bears no responsibility or liability for the originality, legality, or quality of content uploaded by Sellers; and
c. You have read, understood, and accepted these Terms in their entirety and agree to be legally bound by them.
18. Additional Legal Protections
18.1 Confidentiality.
Both Users and Marathon-OS agree not to disclose or misuse confidential or proprietary information obtained through the Platform, except as required for legitimate Platform operations.
18.2 Force Majeure.
Marathon-OS shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, cyber-attacks, government actions, or infrastructure failures.
18.3 Platform Availability.
Marathon-OS does not guarantee uninterrupted access to the Platform. Scheduled maintenance, upgrades, and unforeseen outages may occur without liability to Marathon-OS.
18.4 Export Control Compliance.
Users shall not upload or share CAD Files subject to export control regulations or sanctions (e.g., ITAR, EAR). Marathon-OS disclaims responsibility for user violations of such laws.
18.5 Third-Party Integrations.
Marathon-OS is not responsible for the availability or performance of third-party tools, plugins, APIs, payment gateways, or services integrated with the Platform.
18.6 User Content License to Marathon-OS.
By uploading a CAD File, the Seller grants Marathon-OS a non-exclusive, royalty-free, worldwide license to host, reproduce, display, and distribute the content solely for operating, promoting, and improving the Platform.
18.7 No Partnership.
Nothing in these Terms shall be construed to create a partnership, joint venture, or employment relationship between Marathon-OS and any User.
18.8 Entire Agreement and Severability.
These Terms, together with the Privacy and Refund Policies, constitute the entire agreement between the parties. If any provision is found invalid, the remainder shall remain in effect.