Terms of Service

Last Updated: 01/01/2025

Effective Date: 01/01/2024

Welcome to Merchifies.com (the "Site" or "Platform"). These Terms of Service ("Terms") constitute a legally binding agreement between you and Merchifies Global LLC ("Merchifies," "we," "us," or "our") governing your access to and use of our print-on-demand marketplace and related services.

BY ACCESSING OR USING MERCHIFIES.COM, CREATING AN ACCOUNT, PLACING AN ORDER, OR USING OUR SERVICES IN ANY CAPACITY, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL POLICIES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL TERMS, YOU MUST NOT USE OUR SERVICES.

1. Company Information and Contact

• Legal Entity: Merchifies Global LLC

• Address: 30 N Gould St, Ste N, Sheridan, WY 82801, United States

• Phone: (307) 381-6808

• General Support: [email protected]

• Legal Notices: [email protected]

• DMCA Agent: [email protected]

• Privacy Matters: [email protected]

2. Definitions

For clarity, the following terms have specific meanings:

• "Merchifies," "Platform," "we," "us," "our": Merchifies Global LLC and our print-on-demand marketplace

• "Services": All features, tools, and services provided through our Platform

• "User," "you," "your": Any individual or entity using our Services

• "Seller," "Designer," "Partner": Users who create and sell products through our Platform

• "Buyer," "Customer": Users who purchase products through our Platform

• "Products": Physical merchandise created using our print-on-demand services

• "User Content": Designs, images, text, and other content uploaded by Users

• "Fulfillment Partners": Third-party printing and shipping companies that produce and ship Products

• "Base Price": Our cost for production, fulfillment, and platform fees

• "Seller Profits": The difference between retail price and Base Price

3. Eligibility and Account Requirements

3.1 Age and Capacity Requirements

You must be at least 18 years old (or the age of majority in your jurisdiction) and have the legal capacity to enter binding contracts. Sellers must provide additional verification including tax identification and payment information.

3.2 Account Creation and Security

To access certain features, you must create an account by providing accurate, complete information. You agree to:

• Maintain accurate and current account information

• Keep login credentials secure and confidential

• Notify us immediately of any unauthorized access

• Accept responsibility for all activities under your account

• Comply with our verification requirements for Seller accounts

3.3 Account Verification

Seller accounts require identity, tax, and banking verification. We may request additional documentation and reserve the right to refuse or terminate accounts at our discretion for compliance, security, or business reasons.

4. Platform Services and Print-on-Demand Model

4.1 Service Description

Merchifies operates a print-on-demand marketplace where:

• Sellers create and list custom product designs

• Buyers purchase products that are manufactured upon order

• Products are produced and shipped by our Fulfillment Partners

• We facilitate transactions, payments, and customer service

4.2 Print-on-Demand Process

Production Timeline: Products are typically manufactured within 2-7 business days after order placement, followed by shipping time.

Print Specifications: Due to the nature of print-on-demand manufacturing:

• Color, size, and placement may vary from mockups

• Exact matches to digital designs are not guaranteed

• We rely on the artwork and specifications you provide

• Variations are normal and not considered defects unless significantly different from specifications

4.3 Service Availability

We may modify, suspend, or discontinue any aspect of our Services at any time. We do not guarantee uninterrupted availability and are not liable for service interruptions.

5. Terms for Buyers

5.1 Order Process and Payment

Order Placement: Orders constitute offers to purchase. We may accept, reject, or cancel orders for reasons including fraud prevention, inventory issues, or policy violations.

Payment Processing: We use third-party processors (Stripe, PayPal, etc.). By placing orders, you:

• Authorize payment for the total amount including taxes and shipping

• Represent that you're authorized to use the payment method

• Agree to the payment processor's terms of service

Pricing: All prices are in USD unless otherwise specified. Final prices including taxes and shipping are displayed before purchase confirmation.

5.2 Shipping and Delivery

Delivery Estimates:

• Domestic (US): 5-14 business days (production + shipping)

• International: 10-28 business days (production + shipping + customs)

Important Shipping Terms:

• Delivery times are estimates, not guarantees

• Delays may occur due to production, carrier issues, customs, weather, or peak seasons

• Title and risk of loss transfer to you upon shipment from Fulfillment Partner

International Orders:

• Customs and Duties: You are responsible for all import duties, taxes, VAT, and customs fees

• Tracking Limitations: International tracking may be limited once shipments leave the origin country

• Delivery Risk: We are not liable for international shipping delays, losses, or customs issues once valid tracking is provided

5.3 Returns, Refunds, and Exchanges

Print-on-Demand Policy: Due to the custom nature of our products, returns are generally not accepted except for:

• Products damaged during shipping

• Manufacturing defects or significant quality issues

• Incorrect items shipped due to our error

• Significant deviation from order specifications

Return Process:

• Contact support within 30 days of delivery (60 days for international orders)

• Provide order details and photographic evidence of issues

• Follow our return authorization process

• Approved refunds processed within 5-10 business days

EU Consumer Rights: The 14-day withdrawal right does NOT apply to custom-made products clearly personalized to your specifications.

Order Cancellations: Orders enter production quickly. Cancellation requests are handled case-by-case and cannot be guaranteed once production begins.

6. Terms for Sellers

6.1 Content Ownership and Licensing

Your Representations: By uploading content, you represent and warrant that you:

• Own all intellectual property rights OR have proper licenses and permissions

• Have authority to grant the licenses described herein

• Will not infringe on third-party copyrights, trademarks, or rights of publicity

• Comply with all applicable laws and our content guidelines

License to Merchifies: You grant us a non-exclusive, worldwide, royalty-free, sublicensable license to:

• Host, store, reproduce, and display your content

• Manufacture products incorporating your designs

• Market and promote your products through our Platform

• Use your content for Platform operations and improvement

• Create derivative works necessary for product mockups and fulfillment

Marketing Use: Use of your specific designs in Merchifies marketing materials outside the Platform requires your explicit opt-in consent.

6.2 Pricing, Payouts, and Financial Terms

Pricing Structure:

• You set retail prices for your products

• We deduct Base Price covering production, fulfillment, and platform fees

• Your profit is the difference (Seller Profits)

Payout Terms:

• Monthly payouts for accounts meeting minimum thresholds

• Payouts subject to verification and fraud prevention holds

• We may offset negative balances, chargebacks, and refunds against future payouts

• Bank transfer fees and currency conversion fees may apply

Reserves and Holds: We may hold funds for up to 90 days (or longer where required by law) based on:

• Risk assessment and fraud prevention

• Dispute rates and chargeback patterns

• Compliance concerns or policy violations

• New account verification periods

6.3 Seller Responsibilities

Quality and Accuracy: You must:

• Provide high-resolution artwork meeting our specifications

• Ensure accurate product descriptions and pricing

• Respond promptly to order issues flagged in your dashboard

• Address customer inquiries related to your designs and products

Compliance Monitoring: You are responsible for:

• Monitoring your account for action-required items

• Resolving address, payment, or production issues promptly

• Maintaining compliance with tax and legal obligations

• Keeping contact and payment information current

Tax Obligations: You are solely responsible for:

• All income taxes on Seller Profits

• Sales tax obligations in your jurisdiction

• Providing required tax documentation (W-9, W-8BEN, etc.)

• International tax compliance for cross-border sales

• We may withhold taxes as required by law and will issue appropriate tax documentation.

7. Prohibited Content and Activities

7.1 Content Restrictions

You may not upload, create, or sell products featuring content that:

• Infringes intellectual property rights (copyrights, trademarks, rights of publicity)

• Contains hate speech, promotes violence, or encourages illegal activities

• Includes unauthorized celebrity likenesses or copyrighted characters

• Depicts or promotes illegal drugs, weapons, or dangerous activities

• Contains sexually explicit material, especially involving minors

• Exploits tragedies, crimes, or current events inappropriately

• Violates privacy rights or includes personal information without consent

• Contains false, misleading, or deceptive claims

7.2 Platform Abuse

Prohibited activities include:

• Creating fake accounts or providing false information

• Manipulating sales metrics, reviews, or search rankings

• Engaging in fraudulent transactions or chargeback abuse

• Using automated systems to circumvent platform limitations

• Attempting to gain unauthorized access to our systems

• Exploiting system vulnerabilities for unauthorized benefits

• Reselling accounts, API access, or platform privileges

7.3 Enforcement

We may, at our sole discretion:

• Remove content or disable products

• Suspend or terminate accounts

• Withhold payouts pending investigation

• Pursue legal remedies for damages caused by violations

8. API and Third-Party Integrations

8.1 API Access and Usage

Our APIs and integrations (Shopify, WooCommerce, etc.) are subject to:

• Rate limiting and fair use policies

• Proper authentication and security measures

• Compliance with third-party platform terms

• Attribution and branding requirements where applicable

8.2 Integration Responsibilities

When using integrations, you are responsible for:

• Configuring settings correctly in your external platforms

• Monitoring synchronized content and orders

• Addressing integration-related issues promptly

• Complying with both our terms and third-party platform policies

8.3 Service Availability

We may modify, throttle, or revoke API access at any time. We are not responsible for third-party platform functionality, policy changes, or integration disruptions.

9. Intellectual Property Protection

9.1 DMCA Compliance

We respect intellectual property rights and comply with the Digital Millennium Copyright Act (DMCA). Our designated DMCA agent is:

DMCA Agent: [email protected]

Address: Merchifies Global LLC, 30 N Gould St, Ste N, Sheridan, WY 82801, USA

9.2 Filing DMCA Complaints

To report copyright infringement, email [email protected] with:

• Your physical or electronic signature

• Identification of the copyrighted work claimed to be infringed

• URL of allegedly infringing material on our Platform

• Your contact information (name, address, phone, email)

• Good faith statement that use is unauthorized

• Statement under penalty of perjury that information is accurate and you're authorized to act

9.3 Counter-Notice Procedure

If your content was removed due to a DMCA complaint and you believe it was removed by mistake, you may file a counter-notice including:

• Your physical or electronic signature

• Your complete contact information

• Identification of removed material and its former location

• Statement under penalty of perjury that removal was due to mistake or misidentification

• Consent to federal court jurisdiction in your district

• Consent to accept service of process from the complaining party

We may restore content 10-14 business days after receiving a valid counter-notice unless the original complainant files court action.

9.4 Repeat Infringer Policy

We maintain a policy for terminating accounts of users who repeatedly infringe intellectual property rights. Multiple verified violations may result in account suspension or termination regardless of the number of complaints.

10. Payment Processing and Chargebacks

10.1 Payment Security

All payments are processed through secure third-party processors. We do not store complete payment card information. You agree to our payment processors' terms of service.

10.2 Chargeback Policy

Buyer Chargebacks: Unwarranted chargebacks may result in account limitations or termination. We may contest chargebacks with proof of fulfillment and delivery.

Seller Liability: Sellers may be liable for chargebacks related to their products, including:

• Chargeback fees and processing costs

• Disputed transaction amounts

• Related administrative expenses

Chargeback amounts may be deducted from Seller account balances or future payouts.

10.3 Fraud Prevention

We employ fraud detection systems and may:

• Decline suspicious transactions

• Request additional verification for orders or accounts

• Hold payouts pending fraud investigation

• Terminate accounts engaged in fraudulent activity

11. International Compliance

11.1 Export Controls and Sanctions

We comply with US export control laws and economic sanctions. You may not use our Services if you are:

• Located in or an agent of a sanctioned country or region

• Listed on denied or restricted party lists (OFAC, BIS, etc.)

• Subject to US export restrictions

11.2 International Tax and Customs

Seller Obligations: International sellers are responsible for:

• Complying with local tax laws and VAT requirements

• Understanding export regulations in their jurisdiction

• Providing accurate tax documentation for cross-border transactions

Buyer Obligations: International buyers are responsible for:

• All import duties, taxes, and customs fees

• Compliance with local import regulations

• Customs clearance procedures in their country

12. Disclaimers and Warranties

THE SERVICES 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

• TITLE AND NON-INFRINGEMENT

• UNINTERRUPTED OR ERROR-FREE OPERATION

We do not warrant that:

• Services will meet your specific requirements

• Services will be available without interruption or errors

• Results obtained will be accurate or reliable

• Product quality will meet all expectations given print-on-demand variations

Print Variations: Color, size, and placement variations inherent in print-on-demand manufacturing are not considered defects or warranty breaches unless significantly different from specifications.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

13.1 Excluded Damages

MERCHIFIES SHALL NOT BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES

• PUNITIVE OR EXEMPLARY DAMAGES

• LOSS OF PROFITS, REVENUE, GOODWILL, OR DATA

• BUSINESS INTERRUPTION OR SYSTEM FAILURES

• DAMAGES FROM UNAUTHORIZED ACCESS TO YOUR DATA

• THIRD-PARTY ACTIONS OR CONTENT

13.2 Liability Cap

Our total aggregate liability arising from these Terms or your use of our Services shall not exceed the greater of:

• $100 USD, OR

• The amount paid by you to us in the six (6) months preceding the claim (for Buyers), OR

• The amount paid by us to you in the six (6) months preceding the claim (for Sellers)

13.3 Jurisdictional Variations

Some jurisdictions do not allow certain liability limitations. In such cases, our liability will be limited to the maximum extent permitted by applicable law.

14. Indemnification

14.1 Your Indemnification Obligations

You agree to indemnify, defend, and hold harmless Merchifies, our affiliates, officers, directors, employees, and agents from any claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your User Content and products sold through our Platform

• Your use of our Services or violation of these Terms

• Your violation of applicable laws or third-party rights

• Intellectual property infringement claims related to your content

• Tax liabilities or obligations arising from your Platform activities

• Your breach of representations, warranties, or covenants herein

14.2 Security Interest

To secure your indemnification and payment obligations, you grant Merchifies a security interest in your Seller Profits, account balances, and related proceeds.

15. Dispute Resolution and Governing Law

15.1 Governing Law

These Terms are governed by the laws of the State of Wyoming, United States, without regard to conflict of law principles.

15.2 Informal Resolution

Before filing any legal claim, you agree to attempt informal resolution by emailing [email protected] with "Dispute" in the subject line and a description of the issue. If not resolved within 30 days, either party may proceed with formal dispute resolution.

15.3 Binding Arbitration (US Users)

For US users, most disputes must be resolved through binding arbitration rather than court litigation, except for:

• Small claims court matters under $10,000

• Claims for injunctive relief regarding intellectual property rights

• Claims for injunctive relief regarding unauthorized access or abuse of Services

Arbitration Procedures:

• Administered by American Arbitration Association (AAA) under Commercial Arbitration Rules

• Conducted in Sheridan County, Wyoming, or your county of residence

• Arbitrator's decision is final and binding

• Judgment may be entered in any court with jurisdiction

15.4 Class Action and Jury Trial Waiver

YOU AND MERCHIFIES AGREE THAT:

• Each party may bring claims only in individual capacity, not as class representative

• Neither party may participate in class actions or collective proceedings

• Both parties waive the right to jury trial for all disputes

• Arbitrator may not consolidate claims or preside over class proceedings

15.5 Arbitration Opt-Out

You may opt out of mandatory arbitration by:

• Emailing [email protected] within 30 days of first accepting these Terms

• Including "Arbitration Opt-Out" in the subject line

• Providing your full name and account email address

Opting out affects only future disputes and does not affect previous arbitration agreements.

15.6 International Users

For users outside the United States, mandatory arbitration may not apply depending on local consumer protection laws. We will comply with applicable international dispute resolution requirements and consumer protection regulations.

16. Force Majeure

We are not liable for delays, failures, or damages caused by events beyond our reasonable control, including:

• Natural disasters, pandemics, or public health emergencies

• War, terrorism, civil unrest, or government actions

• Labor disputes, strikes, or supply chain disruptions

• Cyber attacks, system failures, or infrastructure outages

• Carrier delays, customs issues, or transportation disruptions

• Supplier or Fulfillment Partner failures or capacity constraints

• During force majeure events, we may suspend Services, delay fulfillment, or modify operations as necessary.

17. Account Suspension and Termination

17.1 Termination by You

You may terminate your account at any time by:

• Discontinuing use of our Services

• Contacting [email protected] to request account closure

• Following our account deletion procedures in your dashboard

17.2 Termination by Merchifies

We may suspend or terminate accounts immediately for:

• Material breach of these Terms or our policies

• Intellectual property violations or repeat infringement

• Fraudulent, illegal, or harmful activities

• Failure to comply with verification requirements

• Extended periods of inactivity (12+ months)

• Risk management or business reasons

17.3 Effect of Termination

Upon termination:

• Your right to use Services ceases immediately

• Outstanding Seller Profits will be paid according to standard schedule, subject to deductions for liabilities

• We may retain data as required by law or legitimate business purposes

• Provisions that should survive termination remain in effect (indemnification, intellectual property, dispute resolution, payment obligations)

18. General Provisions

18.1 Entire Agreement

These Terms, together with our Privacy Policy, Refund Policy, and other incorporated policies, constitute the entire agreement between you and Merchifies regarding our Services and supersede all prior understandings.

18.2 Modifications

We may update these Terms periodically. Material changes will be communicated via:

• Email notification to registered users

• Prominent notices on our Platform

• Updates to the "Last Updated" date

Continued use after changes constitutes acceptance of modified Terms.

18.3 Severability

If any provision is found invalid or unenforceable, the remaining provisions continue in full force and effect. Invalid provisions will be reformed to the minimum extent necessary to make them enforceable.

18.4 Assignment

You may not assign your rights or delegate obligations under these Terms without our written consent. We may assign our rights and obligations at our discretion, including in connection with mergers, acquisitions, or asset sales.

18.5 No Waiver

Our failure to enforce any provision does not constitute a waiver of that provision or any other rights. All waivers must be in writing and signed by authorized representatives.

18.6 Relationship of Parties

These Terms do not create any agency, partnership, joint venture, or employment relationship. Each party is an independent contractor.

18.7 Notices

Legal notices must be sent to:

• For Merchifies: [email protected] or Merchifies Global LLC, 30 N Gould St, Ste N, Sheridan, WY 82801, USA

• For You: The email address associated with your account

Notices are effective when sent to the designated address.

18.8 Survival

The following provisions survive termination: intellectual property rights, payment obligations, indemnification, liability limitations, dispute resolution, and any other provisions that by their nature should survive.

19. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Services, you also agree to our Privacy Policy.

Key Privacy Points:

• We collect information necessary to provide Services and comply with legal obligations

• We do not sell personal information for monetary consideration

• We may "share" information for targeted advertising as defined by applicable privacy laws

• You have rights regarding your personal information as described in our Privacy Policy

• International users have additional rights under GDPR, CCPA, and other privacy regulations

20. California Consumer Notice

For California residents: We collect the categories of personal information described in our Privacy Policy for business and commercial purposes. We do not sell personal information for money. We may "share" personal information for cross-context behavioral advertising. You can opt out via the "Do Not Sell or Share My Personal Information" link in our website footer or by enabling Global Privacy Control (GPC) in your browser.

21. Accessibility Statement

We are committed to making our Platform accessible to users with disabilities. If you experience accessibility barriers or need assistance with these Terms, please contact [email protected] or call (307) 381-6808.

22. Contact Information

For questions about these Terms:

• Email: [email protected]

• Phone: (307) 381-6808

• Business Hours: Monday-Friday, 9 AM - 5 PM MT

For specific matters:

• Legal notices: [email protected]

• DMCA complaints: [email protected]

• Privacy matters: [email protected]

Mailing Address:

Merchifies Global LLC

30 N Gould St, Ste N

Sheridan, WY 82801

United States

By using Merchifies.com, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and all incorporated policies.

These Terms are effective as of the date listed above and remain in effect until modified or terminated in accordance with their provisions.