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TERMS OF SERVICE

Shipping Policy

TERMS OF SERVICE

The following are both our website host's Terms Of Use as well as our fulfilment center's Terms Of Service. Some sections may only be relevant to Astro Almost while others are applicable to all customers. Please refer to relevant sections and contact us with any queries:

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WEBSITE HOST TERMS OF USE:

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Welcome to Wix.com’s Terms of Use! We are truly excited to have you aboard. Thank you for choosing to use our services.


Below we have listed important legal terms that apply to anyone who visits our website or uses our services. These terms are necessary in order to protect both you and us, and to make our services possible and more enjoyable for everyone. Wix offers a wide range of services and features and part of the terms below may not be relevant to the specific services you use.

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We understand that legal terms can be exhausting to read, and we’ve tried to make the experience more pleasant. If you have any suggestions on how we can improve them, you are more than welcome to contact us at support@wix.com.

1. Introduction

1.1. Our Purpose

Our services offer our users the ability to easily create beautiful and highly functional online presence, to manage and promote businesses, content and ideas, and have an overall great experience doing so – without being tech-savvy or a design guru. As detailed below, we offer our users numerous tools and features for creating, publishing and use of stunning websites, online e-commerce platforms, newsletters, galleries, media players, mobile apps and other online and mobile online and mobile applications, tools and services. The online and mobile websites and platforms created by Users are collectively referred to herein as (“User Platform(s)”). 

#ItsThatEasy

Wix.com offers online and mobile services and tools, that let create, manage and or/use your own online and mobile presence.

1.2. Legal Agreement

These Wix.com Terms of Use (“Terms of Use”), together with such additional terms which specifically apply to some of our services and features as presented on the Wix.com website(s) (“Wix Website”, and collectively – the “Wix Terms”), all set forth the entire terms and conditions applicable to each visitor or user (“User” our “you”) of the Wix Website, the Wix mobile application (the “Wix App”) and/or any other services, applications and features offered by us with respect thereto, except where we explicitly state otherwise (all services offered through the Wix Website or the Wix App, collectively – the “Wix Services” or “Services”).

 

The Wix Terms constitute a binding and enforceable legal contract between Wix.com Ltd. and its affiliated companies and subsidiaries worldwide (“Wix”, “us” or “we”) and you in relation to the use of any Wix Services - so please read them carefully.

 

You may visit and/or use the Wix Services and/or the Wix App only if you fully agree to the Wix Terms - and by using and/or registering to any of the Wix Services, you signify and affirm your informed consent to these Terms of Use and any other Wix Terms applicable to your use of any Wix Services. If you do not read, fully understand and agree to the Wix Terms, you must immediately leave the Wix Website and avoid or discontinue all use of the Wix Services.

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By using our Services, you acknowledge that you have read our Privacy Policy available at http://www.wix.com/about/privacy (“Privacy Policy”).

#ItsThatEasy

By visiting our website or using our application and/or services, you are entering into a legal agreement with us, consisting of these Terms of Use, and our additional services’ legal terms. 

By using our services, you signify your consent to these terms and you acknowledge that you have read our Privacy Policy. You may not use our services if you do not consent to all our terms.

1.3. User Account

In order to access and use certain sections and features of the Wix Services, you must first register and create an account with Wix (“User Account”).

 

If anyone other than yourself accesses your User Account and/or any of your User Platforms’ settings, they may perform any actions available to you (unless as specifically stated otherwise on the Wix Services), make changes to your User Platform(s) and User Account, and accept any legal terms available therein, make various representations and warranties and more – and all such activities will be deemed to have occurred on your behalf and in your name.

 

Therefore, we strongly encourage you to keep the log-in credentials of your User Account confidential, and allow such access only to people you trust - as you will be solely and fully responsible for all activities that occur under your User Account and/or User Platforms (including for any representations, warranties and undertakings made therein), whether or not specifically authorized by you, and for any damages, expenses or losses that may result from such activities.

 

You must provide accurate and complete information when registering your User Account and using the Wix Services, to which you are the sole and exclusive rights holder. We strongly encourage you to provide your own (or your company’s) contact and billing details, including your valid e-mail address, as we may use it to identify and determine the actual and true owner of the User Account and/or User Content (as defined below) submitted to us. 

 

In case of a dispute on User Account ownership, we reserve the right to determine ownership to a User Account based on our reasonable judgment, whether or not an independent investigation has been conducted by us. However, if we cannot make such determination (as we may deem in our sole discretion), we reserve the right to avoid doing so and/or suspend a User Account until the parties disputing such ownership, reach a resolution, without liability to you or to any other party. We may request documentation (e.g. government-issued ID, a business license) that may assist us in determining ownership. Among others, we may consider the principles set forth below.

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  1. Wix will consider the owner of a User Account, User Platform and/or User Content created and/or uploaded to the relevant Wix Service, as the person or entity who has access to the e-mail address then listed in Wix’s records for such User Account under which such User Platform or User Content was created.

  2. If any Paid Services (as defined in Section 5 below) were purchased via a User Account, Wix will consider the owner of such User Account and/or the relevant User Platform and/or User Content created thereunder, may be considered to be the person or entity whose billing details were used to purchase such Paid Services (“Billing Information”). Notwithstanding the foregoing, when applicable if a User Platform was connected to an external domain name (either imported or purchased as part of certain Paid Services, as defined below), and such domain’s registration information is publicly available via the WHOIS database provided on the www.whois.net website or on Wix’s database, Wix will consider the owner of such User Platform as the person or entity registered as the registrant of such domain thereunder. In the event that an individual and an organization are both registered as the registrant or the registrant organization of such domain, Wix will consider the organization as the actual owner of the domain, and therefore as the owner of the User Platform connected to such domain. In event the Billing Information indicates one person as the owner of the User Platform and the domain registration indicates a different owner, Wix shall consider the person registered as the owner of the domain connected to the Wix Account as the owner of the User Platform.

  3. Notwithstanding the forgoing, Wix shall have the right to determine the ownership of User Content and/or a User Website as it chooses, including by ignoring the indications set forth above, in event Wix deems, at its sole discretion, that the situation justifies such determination, all based upon the factual situation as determined by Wix.  

#ItsThatEasy

To use certain of our services, you need to create a user account.

You should keep your username and password protected and safe, and only allow people you trust to access your account or website settings.

All activities that occur under your user account or website are your responsibility.

The account information you provide us must be your own (or your company’s), and be accurate and complete.

When a user account is disputed, we may determine the ownership of such user account. 

 

2. Your Obligations

2.1. You represent and warrant that:

  1. you are at least thirteen (13) years of age, or sixteen (16) years of age if you are an individual within the European Union (EU), or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into the Wix Terms and to form a binding agreement, for yourself or on behalf of the person or entity committed by you to the Wix Terms;

  2. you are not a resident of (or will use the Wix Services in) a country that the U.S. government has embargoed for use of the Wix Services, nor are you named on the U.S. Treasury Department’s list of Specially Designated Nationals or any other applicable trade sanctioning regulations;

  3. your country of residence and/or your company’s country of incorporation is the same as the country specified in the contact and/or billing address you provide us;

  4. you understand that Wix does not provide any legal advice or any recommendation with respect to any laws or requirements applicable to your use or any of your End Users, or your compliance therewith;

    And specifically regarding your User Content:
     

  5. you confirm you own all rights in and to any content uploaded or provided by you, or imported, copied or uploaded by Wix Services for you, to your User Platform (“User Content”), including any designs, images, animations, videos, audio files, fonts, logos, code, illustrations, compositions, artworks, interfaces, usernames, information you provide for the purpose of creating a subdomain name, text, literary works and any other materials (“Content”), or otherwise have (and will continue to have) the full power, title, licenses, consents and authority, in and to the User Content, as necessary to legally access to, import, copy, use, publish, transfer or license such User Content, by you and us or any of our affiliates;

  6. you have (and will maintain) the full power, title, licenses, consents and authority to allow Wix Services to access any websites, web pages and/or other online services, for the purpose of importing, copying, displaying, uploading, transmitting and/or otherwise using, your User Content.

  7. the User Content is (and will continue to be) true, current, accurate, non-infringing upon any third party rights, and in no way unlawful for you to upload, import, copy, possess, post, transmit, display or otherwise use, in the country in which you or your User Platform’s visitors and users (“End Users”) reside, or for Wix and/or your End Users to access, import, copy, upload, use or possess in connection with the Wix Services;

  8. you have obtained all consents and permissions required under all applicable laws, regarding the posting, transmission and publication of any personal information and/or image or likeness of any person, entity or property which is part of the User Content, and you will adhere to all laws applicable thereto.

#ItsThatEasy

In order to use our services, there are certain obligations and conditions you need to meet.
 

Among others, you need to be of a certain legal age of majority, reside and use our services in a permitted location.
 

In addition, you must own all rights in any content you upload or publish or that we access, import and/or upload for you via our services, ensure that such content is legal and reliable, and that anything you do with it (or enable Wix or your end users to do with it) is legal.

2.2. You undertake and agree to:

  1. fully comply with all applicable laws and any other contractual terms which govern your use of the Wix Services (and any related interaction or transaction), including those specific laws applicable to you or your End Users in any of your geographical locations;

  2. be solely responsible and liable with respect to any of the uses of the Wix Services which occur under your User Account and/or User Platform(s), and for any of your User Content (including for any consequences of accessing, importing, uploading, copying, using or publishing such User Content on or with respect to the Wix Services);

  3. regularly and independently save and backup any of your User Content and the information that is being processed by you regarding your User Platform, including with respect to End Users, User Products, and any applications and/or Third Party Services used by you;

  4. receive from time to time promotional messages and materials from Wix or its partners, by mail, e-mail or any other contact form you may provide us with (including your phone number for calls or text messages). If you wish not to receive such promotional materials or notices – please just notify us at any time;

  5. allow Wix to use in perpetuity, worldwide and free of charge, any version of your User Platform (or any part thereof) for any of Wix’s marketing and promotional activities, online and/or offline, and modify it as reasonably required for such purposes, and you waive any claims against Wix or anyone on its behalf relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide that you may have in or to your User Platform with respect to such limited permitted uses;

  6. Wix’s sole discretion as to the means, manner, and method for performing the Wix Services, including those regarding the hosting, transmission, publication and/or display of any User Platforms and/or Content (including the inclusion and presentation of any advertisements or other commercial content with respect thereto).

  7. ​Wix shall have the right to offer the Wix Services in alternative price plans and impose different restrictions as for the upload, storage, download and use of the Wix Services in each price plan, including, without limitation, restrictions on network traffic and bandwidth, size and/or length of Content, quality and/or format of Content, sources of Content, volume of download time, number of subscribers to your Content, etc.

#ItsThatEasy - List of Musts

You must comply with all applicable laws.
 

You will be responsible for your actions and for the actions of anyone who accesses your user account or user platform settings.

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You shall regularly save backups of your content.

You agree that we or our partners may send you promotional messages and content.
You can easily opt-out of receiving promotional messages by contacting us.

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You allow us to use your website for our promotional activities, and to determine the manner in which the services will be performed.

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You agree that Wix has the right to impose and change price plans for its Services. Additionally, Wix may impose restrictions depending on your specific usage of the Service.

2.3. You agree and undertake not to:

  1. copy, modify, create derivative works of, download, adapt, reverse engineer, emulate, migrate to another service, translate, compile, decompile or disassemble the Wix Website, the Wix Services (or any part thereof), any Content offered by Wix or Third Party Services for use and display within User Platforms (“Licensed Content”) and/or any part thereof in any way, or publicly display, perform, transmit or distribute any of the foregoing without Wix’s prior written and specific consent and/or as expressly permitted under the Wix Terms;

  2. submit, transmit or display any User Content, or use Licensed Content in a context, which may be deemed as defamatory, libelous, obscene, harassing, threatening, incendiary, abusive, racist, offensive, deceptive or fraudulent, encouraging criminal or harmful conduct, or which otherwise violates the rights of Wix or any third party (including any intellectual property rights, privacy rights, contractual or fiduciary rights), or otherwise shows any person, entity or brand in a bad or disparaging light, without their prior explicit approval;

  3. use any illegal action to collect login data and/or passwords for other websites, third parties, software or services;

  4. phish, collect, upload, or otherwise make available credit card information or other forms of financial data used for collecting payments, unless done in accordance with any applicable law, including, with the PCI DSS standard when applicable;  

  5. upload, insert, collect or otherwise make available  within the Wix Website or the Wix Services (or any part thereof), any malicious, unlawful, defamatory or obscene Content;

  6. publish and/or make any use of the Wix Services or Licensed Content on any website, media, network or system other than those provided by Wix, and/or frame, “deep link”, “page scrape”, mirror and/or create a browser or border environment around any of the Wix Services, Licensed Content and/or User Platform (or any part thereof), except as expressly permitted by Wix, in advance and in writing;

  7. use any “robot”, “spider” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Wix Services (or its data and/or Content), or in any way reproduce or circumvent the navigational structure or presentation of any of the Wix Services to obtain or attempt to obtain any materials, documents, services or information through any means not purposely made available through the Wix Services;

  8. act in a manner which might be perceived as damaging to Wix’s reputation and goodwill or which may bring Wix into disrepute or harm;

  9. purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use Wix or Wix Marks and/or variations and misspellings thereof;

  10. impersonate any person or entity or provide false information on the Wix Services and/or User Platform, whether directly or indirectly, or otherwise perform any manipulation in order to disguise your identity or the origin of any message or transmittal you send to Wix and/or any End Users;

  11. falsely state or otherwise misrepresent your affiliation with any person or entity, or falsely express or imply that Wix or any third party endorses you, your User Platform, your business, your User Products, or any statement you make;

  12. reverse look-up, trace, or seek to trace another User of Wix Services, or otherwise interfere with or violate any other User’s right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of the Wix Services and/or User Platform without their express and informed consent;

  13. disable, circumvent, bypass or otherwise avoid any measures used to prevent or restrict access to the Wix Services, User Platform, the account of another User(s), or any other systems or networks connected to the Wix Services, by hacking, password mining, or other illegitimate or prohibited means;

  14. probe, scan, or test the vulnerability of the Wix Services or any network connected to the Wix Services;

  15. upload to the Wix Services and/or User Platform or otherwise use them to design, develop, distribute and/or otherwise transmit or execute, any virus, worm, Trojan Horse, time bomb, web bug, spyware, malware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;

  16. take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Wix Services or Wix’s systems or networks connected to the Wix Services, or otherwise interfere with or disrupt the operation of any of the Wix Services, or the servers or networks that host them or make them available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;

  17. use any of the Wix Services and/or User Platform in connection with any form of spam, unsolicited mail, fraud, scam, phishing, “chain letters”, “pyramid schemes” or similar conduct, or otherwise engage in unethical marketing or advertising;

  18. use the Wix Services for the creation and operation of websites whose main purpose (directly or indirectly) is video streaming;

  19. access to Wix Services, User Accounts, Licensed Content and/or User Content, through any means or technology (e.g. scraping and crawling), other than our publicly supported interfaces.

  20. sell, license, or exploit for any commercial purposes any use of or access to the Licensed Content and/or Wix Services, except as expressly permitted by the Wix Terms;

  21. remove or alter any copyright notices, watermarks, restrictions and signs indicating proprietary rights of any of our licensors, including copyright mark [©], Creative Commons [(cc)] indicators, or trademarks [® or ™] contained in or accompanying the Wix Services and/or Licensed Content; or

  22. violate, attempt to violate, or otherwise fail to comply with any of the Wix Terms or any laws or requirements applicable to your use of the Wix Services.

  23. access or use the Services for benchmarking or similar competitive analysis purposes or in order to build a competitive product or service.

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You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate termination of your User Account and/or any Services provided to you – with or without further notice to you, and without any refund of amounts paid on account of any such Services. 

#ItsThatEasy - List of Don’ts

In general, we just want you to be nice, and avoid doing anything that might harm us or anyone else.

 

Among others, you may not copy our materials, use any content in an illegal or harmful manner, use our services or content on any platform or website not provided by us, make any misrepresentations or abuse our Services, or otherwise violate anyone’s rights or any applicable laws.

 

Failure to abide by any of these rules may bring us to cancel your account and stop providing you with any services.

 

3. Content and Ownership

3.1. Your Intellectual Property

As between Wix and you, you shall own all intellectual property pertaining to your User Content and to any other materials created by you, including to any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, code, interfaces, text and literary works. Wix does not claim ownership rights on your content. For the sole purpose of granting you the service, You know and agree that we will need to access, upload and/or copy your User Content to our platform, including cloud services and CDN’s, to make display adjustments, to duplicate for backup and perform any other technical actions and/or uses required to perform our services, as we deem fit.

#ItsThatEasy

You own all rights to your content. We may handle your content in order to provide you with our services.

3.2. Wix’s Intellectual Property

All rights, title and interest in and to the Wix Services, including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law (including any artwork, graphics, images, website templates and widgets, literary work, source and object code, computer code (including html), applications, audio, music, video and other media, designs, animations, interfaces, documentation, derivatives and versions thereof, the “look and feel” of the Wix Services, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customized URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), and any derivations thereof, are owned by and/or licensed to Wix.

 

Subject to your full compliance with the Wix Terms and timely payment of all applicable Fees, Wix hereby grants you, upon creating your User Account and for as long as Wix wishes to provide you with the Wix Services, a non-exclusive, non-transferable, non-sublicensable, fully revocable, limited license to use the Wix Services and Licensed Content, for the purpose of generating and displaying your User Platform to End Users and offering your User Products (as defined below) therein, solely as expressly permitted under the Wix Terms, and solely within the Wix Services.

 

The Wix Terms do not convey any right or interest in or to Wix’s Intellectual Property (or any part thereof), except only for the limited license expressly granted above. Nothing in the Wix Terms constitutes an assignment or waiver of Wix’s Intellectual Property rights under any law.

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In addition to the above, certain fonts made available to you within the Wix Services, are licensed to Wix by a third party provider, and are therefore subject to additional license terms of such provider, which are summarized and available for your review at https://www.wix.com/about/mono-terms-of-use.

#ItsThatEasy

We own all rights in and to our services, content, data, technology and features.
 

You may use our services and content so long as you fully comply with these terms and ensure full and timely payments.

Certain fonts which are available to you are licensed by a third party, make sure you read their terms as well.

3.3. Feedback and Suggestions

If you provide us with any suggestions, comments or other feedback relating to the Wix Services (whether existing, suggested or contemplated), which is or may be subject to any Intellectual Property rights (“Feedback”), such Feedback shall be exclusively owned by Wix. By providing such Feedback to Wix, you acknowledge and agree that it may be used by Wix in order to: (i) further develop, customize and improve of the Wix Services, (ii) provide ongoing assistance and technical support, (iii) contact you with general or personalized Wix -related notices and/or interview requests based on your feedback or otherwise, (iv) facilitate, sponsor and offer certain promotions, and monitor performance, (v) to create aggregated statistical data and other aggregated and/or inferred information, which Wix may use to provide and improve its services, (vi) to enhance Wix data security and fraud prevention capabilities, and (vii) to comply with any applicable laws and regulations. In addition, you (1) represent and warrant that such Feedback is accurate, complete, and does not infringe on any third party rights; (2) irrevocably assign to Wix any right, title and interest you may have in such Feedback and (3) explicitly and irrevocably waive any and all claims relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide in or to such Feedback.

#ItsThatEasy

We welcome any form of feedback or suggestions. If you do provide us with any, please make sure that it is accurate and legal.

4. Privacy

Certain parts of the Wix Services (including certain Third Party Services available therein, as further explained in Section 8 below) require or involve the submission, collection and/or use of certain personally identifying or identifiable information. In particular and as a part of accessing or using the Wix Services, Wix and such Third Party Services may collect, access and use certain data pertaining to Users and End Users, including the activities or navigation undertaken by Users and End Users through the Wix Services and/or User Platforms. We encourage you to read our Privacy Policy and each such Third Party Services’ relevant policies on a regular basis, for a description of such data collection and use practices.

#ItsThatEasy

We care about your privacy, and you should too. Please read our Privacy Policy to learn more about our practices concerning personal information

5. Service Fees

5.1. Paid Services

The use of certain Wix Services may be subject to payment of particular fees, as determined by Wix in its sole discretion (“Paid Services” and “Fee(s)”, respectively). Wix will provide notice of such Fees then in effect in relation to such Paid Services. If you wish to receive or use such Paid Services, you are required to pay all applicable Fees in advance.

 

Wix reserves the right to change its Fees at any time, upon notice to you if such change may affect your existing subscriptions. If you received a discount or other promotional offer, Wix shall have the right to automatically and without notice renew your subscription to such Wix Service(s) at the full applicable Fee.

 

All Fees shall be deemed to be in U.S. Dollars, except as specifically stated otherwise in writing by Wix. To the extent permitted by law (and unless specified otherwise by Wix in writing), all Fees are exclusive of all taxes (including value added tax, sales tax, goods and services tax, etc.), levies or duties imposed by taxing authorities (“Taxes”), and you shall be responsible for payment of all applicable Taxes relating to your use of the Wix Services, or to any payments or purchases made by you. If Wix is obligated to collect or pay Taxes for the Fees payable by you, and whether or not such Taxes were added and collected from you for previous transactions, such Taxes may be added to the payment of any outstanding Fees and will be reflected in the Invoice for such transaction. We recommend that you verify the existence of any additional fees you may be charged by third parties in connection with the purchase of Paid Services or in connection with the renewal thereof (such as international transaction fees, currency exchange fees or fees due to banks or credit card companies). Wix is not responsible for any such additional fees or costs.

 

As part of registering or submitting information to receive Paid Services, you also authorize Wix (either directly or through its affiliates, subsidiaries or other third parties) to request and collect payment  and service fees (or otherwise charge, refund or take any other billing actions) from our payment provider or your designated banking account, and to make any inquiries Wix or its affiliates may consider necessary to validate your designated payment account or financial information, in order to ensure prompt payment, including for the purpose of receiving updated payment details from your payment, credit card or banking account provider (e.g., updated expiry date or card number as may be provided to us by your credit card company).

You must keep a credit card stored with Wix to pay for your Paid Services (“Stored Card”). You will be able to identify your Stored Card by its last four digits as in your Account Settings Page.

#ItsThatEasy

Some of our services cost money. We will let you know how much beforehand

Our prices are stated in U.S. Dollars and before taxes, unless otherwise said. 

If needed, we or our affiliates may request and collect payments and related information from the relevant payment providers and banks.

5.2. Invoices

Wix and/or its affiliated companies will issue an invoice or credit memo for any payment of Fees or refund made to or by Wix (“Invoice”). Each Invoice will be issued in electronic form and based on the country stated in your billing address, and will be made available to you via your User Account and/or by e-mail. For the purpose of issuing the Invoice, you may be required to furnish certain Personal Information (as such term is defined in the Privacy Policy) in order to comply with local laws. Please note that the Invoice presented in your User Account may be inadequate with your local law requirements, and in such case may be used for pro forma purposes only. 

#ItsThatEasy

Invoices for our paid services will be available in your user account. 

5.3. Subscription Auto-Renewals

In order to ensure that you do not experience any interruption or loss of services, certain Paid Services include an automatic renewal option by default, according to which, unless you turn-off  the auto-renewal option, such Paid Services will automatically renew upon the end of the applicable subscription period, for a renewal period equal in time to the original subscription period (excluding extended periods) and, unless otherwise notified to you, at the same price (subject to applicable Taxes changes and excluding any discount or other promotional offer provided for the first period) (“Renewing Paid Services”). For example, if the original subscription period for a Service is one month, each of its renewal periods (where applicable) will be for one month. Accordingly, where applicable, Wix will attempt to automatically charge you the applicable Fees using the Stored Card, within up-to two (2) weeks before such renewal period commences. In the event of failure to collect the Fees owed by you, we may in our sole discretion (but shall not be obligated to) retry to collect on a later time, and/or suspend or cancel your User Account, without further notice. If your Renewing Paid Service is subject to a yearly or multiple-year subscription period, Wix will endeavor to provide you a notice prior to the renewal of such Paid Service at least thirty (30) days in advance of the renewal date.

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By entering into this Agreement and by purchasing a Renewing Paid Service, you acknowledge and agree that the Renewing Paid Service shall automatically renew in accordance with the above terms.  

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You may turn-off the auto-renewal option for Renewing Paid Services at any time via your User Account or by visiting Wix Help Center.

 

Certain domains are subject to a different renewal policy as detailed in the Domains Registration Agreement. Notwithstanding anything to the contrary in the foregoing, you are and shall be solely responsible to verify and ensure the successful renewal of the Wix Services you use (whether or not such Wix Services are subject to automatic subscription renewals). Accordingly, you shall be solely responsible with respect to any discontinuation of any Wix Services previously purchased by you, including due to a cancellation, failure to charge the applicable recurring Fees, or due to any Wix Services not being subject to automatic subscription renewals. You acknowledge and agree that you shall not have any claims against Wix in relation to the discontinuation of any Wix Services or Third Party Services, for whatever reason.

#ItsThatEasy

To make sure you don’t lose your domain or experience

interruptions with your website at the end of your subscription period, we’ll automatically renew our service and bill you accordingly, in regular intervals as your initial subscription, unless you turn-off auto-renewal.

Some services whether on purpose or mistake may not automatically renew. You should make sure that your subscriptions are renewed in time.

5.4. Money-Back Guarantee

If you are not satisfied with Wix Services that are subject to a Fee for a period of service or subscription commitment and which is your initial purchase of such service, you may provide notice of cancellation for any reason within fourteen (14) days of having first ordered or activated such Wix Services (the “Refund” and “Refund Period”). The Refund is applicable only to the initial purchase of Wix services which is an upgrading of a free website by purchasing a Premium Plan (as offered on the Wix Website). The Refund is not applicable to any additional purchases, upgrades, modification or renewals of Wix Services. If you reside in a jurisdiction which requires a longer Refund Period, we will of course be happy to accommodate such requirements in accordance with all applicable laws. If Wix receives such notice within such Refund Period, Wix will refund to you the amount Wix charged you for such Wix Services, in currency you were originally charged in, and cancel them accordingly. Please note that the Refund amount may be different than the amount you were charged due to currency changes and third party fees. Wix will not be responsible for any differences caused by change of currency exchange rates or fees you were charged by third parties. After the Refund Period, the Fees paid by you are non-refundable and non-cancellable. In addition, if we find that a notice of cancellation has been given in bad faith or in an illegitimate attempt to avoid payment for services actually received and enjoyed, we reserve our right to still charge the User who provided such notice for any Wix Services actually received, as permitted by law.

 

Please note: Certain services purchased on or through the Wix Services may be non-refundable. These include Third Party Services such as domains, business tools and applications. The terms of each purchased service or application are indicated on the Wix Website and/or as part of or during the process of purchasing such services or applications. It is your obligation to verify your ability to cancel a service prior to purchasing it. Wix will not refund any amounts paid for non-refundable Paid Services, applications or Third Party Services. 

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We are happy to offer a 14-day money-back guarantee for our monthly or annual paid services when first purchased. This may be extended according to the law. 

Please carefully check the terms of each service before buying, since some services are non-refundable.

5.5. Chargebacks

If, at any time, we record a decline, chargeback or other rejection of a charge of any payable Fees on your Wix account (“Chargeback”), this will be considered as a breach of your payment obligations hereunder, and your use of the Wix Services may be automatically disabled or terminated. 

 

In the event a Chargeback is performed, your User Account may be blocked without the option to re-purchase or re-use it, and any data contained in such User Account, including any domains, applications and Third Party Services may be subject to cancellation and Capacity Loss (as defined in Section 6.3 below). 

 

Your use of the Wix Services will not resume until you re-subscribe for any such Wix Services, and pay any applicable Fees in full, including any fees and expenses incurred by Wix and/or any Third Party Services for each Chargeback received (including Fees for Wix Services provided prior to the Chargeback, handling and processing charges and fees incurred by the payment processor).

 

If you have any questions or concerns regarding a payment made to Wix, we encourage you to first contact our Customer Support team before filing a Chargeback or reversal of payment, in order to prevent the Wix Services from being cancelled and your User Account being blocked, and to avoid the filing of an unwarranted or erroneous Chargeback, which may result in your being liable for its applicable Fees, in addition to re-payment of all the Fees applicable to the Wix Services purchased (and charged-back) by you.

 

We reserve our right to dispute any Chargeback received, including by providing the relevant credit card company or financial institution with any information and documentation proving that the User responsible for such Chargeback did in fact authorize the transaction and make use of the services rendered thereafter.

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Chargebacks may bring us to cancel your account, so we urge you to avoid causing them.

Please contact our Customer Support team before filing a chargeback. You will be responsible for any incorrect fees, losses and expenses that follow.

6. Cancellation

6.1. Cancellation by User

You may discontinue to use and request to cancel your User Account and/or any Wix Services at any time, in accordance with the instructions available on the Wix Services. The effective date and time for such cancellation shall be the date and time on which you have completed the cancellation process on the Wix Services, and the effective date for cancellation of Paid Services shall be at the end of such Paid Services’ subscription period.

 

Notwithstanding anything to the contrary in the foregoing, with respect to subscriptions to Renewing Paid Services, such subscription will be discontinued only upon the expiration of the respective period for which you have already made payment. Please note that as the cancellation process may take a few days, in order to avoid the next automatic renewal and respective charge the cancellation request should be made at least fourteen (14) days prior to the expiration of the then-current service period.

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For more information about cancelling your Paid Services, please visit Wix Help Center.

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You may cancel your account or any services at any time. Once we process your cancellation request, we will not charge you for any additional subscription renewals.

6.2. Cancellation by Wix

Failure to comply with any of the Wix Terms and/or to pay any due Fee shall entitle Wix to suspend (until full payment is made) or cancel your User Account and User Platform (or certain features thereof), as well as the provision of any related Wix Services (e.g., Paid Services) or Third Party Services to you. 

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If you violate any of these terms or fail to make timely payments, we may suspend or cancel your account.

6.3. Loss of Data, Content and Capacity

If your User Account or any Wix Services or Third Party Services related to your User Account are cancelled (whether at your request or at Wix’s discretion), it may cause or result in the loss of certain content, features, or capacity of your User Account, including any User Content, End User data or other usage data retained therein, and including any domain name reservation or registration that was included in such Services (“Capacity Loss”). Wix shall not be liable in any way for such Capacity Loss, or for saving a backup of your User Account, User Content or End User data. Please also note that additional Fees may apply to re-activation of a User Account and/or any Wix Services following their cancellation, as determined by Wix in its sole discretion.

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If your account or any of your services are cancelled, it may result in loss of content and data. You are responsible to back up your data and materials.

7. E-Commerce 

7.1. General

The Wix Services also include certain features which enable you to sell goods, content, media, event tickets and services through your User Platform (“User Products”, and collectively – “E-Commerce”).

 

You are solely responsible for your User Products and E-Commerce related activities, and any promotions and related Content contained or referred to in your User Platform, and compliance with any laws applicable thereto. We are merely providing the platform for you to manage your online E-Commerce activities. We are not involved in your relationship and/or any transaction with any actual or potential buyer of your User Products.

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When someone purchases your User Products, the payments for such transactions will be processed through Wix Payments or through a third-party payment service provider (“Payment Provider(s)”).

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You can use our services to sell your products, content and services online. 

Wix may automatically connect you to Wix Payments to allow you to accept payments from your customers.
You are responsible for all your sales activities, including your relationships with customers and any payment service providers.

7.2. Payment Providers

Depending on your location, upon purchasing certain Premium Plans (as offered on the Wix Website), Wix may automatically  connect a Wix Payments account on your name to allow you to accept payments from your customers. Any payout from such account is subject to your completion of the Wix Payments registration process. Such Wix Payments account shall be governed by the Wix Payments Terms of Use, which are hereby incorporated by reference. Please read these terms of use prior to publishing your site and accepting payments. Any account connected to other Payment Providers shall be governed by such Payment Provider’s terms of service. We are neither a party to nor are responsible in any way for your relationship with any such Payment Providers, or for the actions of any of these Payment Providers. You acknowledge and agree that Wix Payments (if available in your country) will be your default payment provider. If you do not wish to keep either Wix Payments or any other Payment Provider active, it is your responsibility to deactivate them.

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We may charge you service fees for event tickets sold through your site.

7.3. Events

Depending on your plan, Wix may charge you service fees for event tickets sold through your site. You hereby agree to pay such fees, as required by Wix, and authorize Wix to instruct its payment processing partners or your Payment Provider, as applicable, to deduct such fees from your relevant transactions, or to otherwise collect such fees.

7.4. E-Commerce Acknowledgments and Warranties

By using any of our E-Commerce features, you acknowledge, warrant and agree that:

  1. You shall be solely and fully responsible for all Taxes and fees of any nature associated with your E-Commerce activities, including any Taxes related to the purchase or sale of the User Products, and to collect, report and remit the correct amounts to the appropriate authorities and/or inform your End Users of such and provide them with a duly issued invoice as required by law; 

  2. Any Taxes indicated by the E-Commerce features provided to you by Wix are solely provided for illustration purposes only, and may not be relied on in any way;

  3. You shall be responsible for and bear all costs of procuring and delivering your User Products, and for providing them in a safe and professional manner, consistent with industry standards;

  4. You are solely responsible for any and all statements and promises you make and for all assistance, warranty and support regarding the User Products, and shall provide true contact information on your User Platform for any questions, complaints or claims; and

  5. You may not offer or sell any User Products, or provide any information, Content or material regarding User Products, which may be deemed hazardous, counterfeit, stolen, fraudulent, offensive or abusive; which are prohibited for sale, distribution or use; or which otherwise fail to comply with any applicable laws, including with respect to consumer rights, intellectual property or privacy rights, product safety, trade regulations and sanctions, support, maintenance and export; and –

  6. Wix may, at any time and at its sole discretion, suspend, disable access to or remove your User Platform and/or any User Products - whether or not incorporated, published with or made a part of your User Platform at such time, without any liability to you or to any End Users, including for any Capacity Loss resulted therefrom.

7.5. Apple Pay

Subject to territorial restrictions, you may accept payments with Apple Pay.
By using Apple Pay, you accept and agree to the Apple Pay Platform Web Merchant
Terms and Conditions
, as they may be amended by Apple from time to time. We may
activate your Apple Pay account on your behalf, otherwise you will be required to
activate your Apple Pay account through your User Account dashboard. If you do not
wish to keep your Apple Pay account active, it is your responsibility to deactivate it. For
the avoidance of doubt, Apple Pay is a Third Party Service, as defined in Section 9
below.

8. Video Services

As part of the Wix Services, Wix may provide video services (such as Wix Video or Wix Pro Gallery) for managing videos on User Platforms (the "Video Services").  

 

The use of the video services for your User Platform, may require that you receive a license to use certain patents from MPEG–LA (the "License"). It is your own exclusive responsibility to decide whether your activity requires a License and to obtain it. Information about the License can be obtained from MPEG LA L.L.C. here.

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In addition to the aforesaid in Section 13 of these Terms of Use and without any limitation of liability, you shall fully indemnify, defend and hold Wix its officers, directors, shareholders, employees, affiliates and agents, harmless from any and all damages and costs, obligations, losses, liabilities debt and expenses (including attorneys’ fees), as accrued, that arise out of or are related to infringement and/or misuse of the patent pool under the MPEG-LA consortium.

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If your needs require a more inclusive plan than those regularly offered by us, please contact our support team at: contactvideo@wix.com.

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Certain use of Wix Video Services may require a license for use of certain patents. You are obligated to verify whether you are obligated to obtain such license.

You may need to obtain a license for certain online video activities. It is your responsibility to verify such requirement and obtain, such license if required.

9. Third Party Services

The Wix Services enable you to engage and procure certain third party services, products and tools for enhancing your User Platform and your overall user experience, including, without limitation, domain registrars from which you may purchase a domain name for your User Website, third party applications and widgets offered via the Wix Website (including the Wix App Market), third party Licensed Content, media distribution services, E-Commerce Payment Providers, sellers of tangible products, third party designers who may assist you with your User Platform, etc. (collectively, “Third Party Services”).

 

You acknowledge and agree that regardless of the manner in which such Third Party Services may be offered to you (bundled or integrated within certain Wix Services, offered separately by Wix or persons certified or authorized by Wix, or otherwise offered anywhere on the Wix Services), Wix merely acts as an intermediary platform between you and such Third Party Services, and does not in any way endorse any such Third Party Services, or shall be in any way responsible or liable with respect thereto. Wix will not be a party to, or in any way be responsible for monitoring, any interaction or transaction between you and any Third party Services.

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You acknowledge that such services may require the payment of additional amounts to Wix and/or to the providers of such Third-Party Services.

 

Any and all use of such Third Party Services shall be done solely at your own risk and responsibility, and may be subject to such legal and financial terms which govern such Third Party Services, which you are encouraged to review before engaging with them.

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If you use third parties' services, software or goods while using our Services, you declare that you act in compliance with their terms of use. For example, if you use YouTube while using the Services, you must comply with the applicable YouTube terms and its  privacy policy as in the effective version as of the date of use of such services.

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While we hope to avoid such instances, Wix may, at any time and at its sole discretion, suspend, disable access to or remove from your User Account, User Platform(s) and/or the Wix Services, any Third Party Services – whether or not incorporated with or made part of your User Account and/or User Platform(s) at such time – without any liability to you or to any End Users.

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Our services enable you to get various services and tools from third parties that are not affiliated with us.

 

Since we only act as an intermediary platform between you and such parties, only you will be responsible for your engagements with them.

 

We can remove services at any time, which may affect your website, user account or overall experience. 

10. Wix Logo Maker

As part of the Wix Services, we enable you to enhance your brand by creating your own customized business logo (the “Wix Logo”) using our Wix Logo Maker. The additional terms available at https://www.wix.com/about/logo-terms-of-use apply to your use of Wix Logo Maker, and are in addition to, and not in replacement of, the Wix Terms, unless explicitly stated otherwise.

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Make sure to read the additional terms regarding the Wix Logo Maker which are in addition to our general terms.

11. Misconduct and Copyrights

11.1. Misconduct and Abuse

When using the Wix Services, you may be exposed to User Platforms, User Content or Third Party Services from a variety of sources, which may be inaccurate, offensive, objectionable or illegal. You hereby waive any legal or equitable rights or remedies you have or may have against Wix with respect thereto.

If you believe a User or any Third Party Services acted inappropriately or otherwise misused any of the Wix Services, please immediately report such User and/or Third Party Service to us via this form. You agree that your report shall not impose any responsibility or liability upon Wix, and that Wix may consider such report and act upon it, refrain from taking any such action or require additional information or documents before doing so, at its sole discretion.

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If you witness or experience any misconduct or abusive behavior by anyone using our services, please let us know.

 

11.2. Copyrights

Wix acts in accordance with its interpretation of the Digital Millennium Copyright Act (“DMCA”). If you believe that your work has been copied or was otherwise used in a way that constitutes copyright infringement, you may notify us of such infringement via this form, or otherwise provide the following information in writing to our designated Copyright Agent: (1) the contact details of the person authorized to act on behalf of the owner of the copyright; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit Wix to locate the material (including URL address); (4) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (5) a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.

 

Wix’s Copyright Agent can be reached at the following address:

 

Wix.com Inc.

 

500 Terry Francois Blvd., 6th Floor, San Francisco, CA 94158 USA.

 

Attn: Copyright Agent

 

Telephone Number: 1-415-358-0857 | Fax: 1-415-358-0884

 

Click here to contact us

 

In the event that Wix receives notice regarding a copyright infringement related to your User Platform or User Website, it may cancel your User Account, take your User Platform down or remove any Content in its sole discretion, with or without prior notice to you. In such case, you may file a proper counter-notice in accordance with Section 512 of the DMCA, in which you must include: (1) your full name, address, phone number and physical or electronic signature; (2) identification of the material and its location before removal; (3) a statement under penalty of perjury that the material was removed by mistake or misidentification; (4) your consent to an appropriate judicial body; and (5) any other information required under the relevant provisions of the DMCA. Any notices filed pursuant to this Section 9 may be deemed accepted, applicable and compliant with the DMCA, or not, at Wix’s sole reasonable discretion. Wix reserves the right to notify the person or entity providing the infringement notice of such counter-notice and provide any details included therein.

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We respect the intellectual property rights of others.

 

If your copyrighted works were used inappropriately by any of our users – please let us know and provide us with all the necessary information, and we will take care of it in accordance with the DMCA.

 

If we receive a copyright infringement notice regarding your website or content, we may remove or cancel your website and account. 

12. Disclaimer of Warranties

We provide the Wix Services on an “As Is”, “with all faults” and “As Available” basis, without any warranties of any kind, including any implied warranties or conditions of merchantability, fitness for a particular purpose, workmanlike effort, non-infringement, or any other warranty – all to the fullest extent permitted by law. We specifically do not represent or warrant that the Wix Services (or any part, feature or Content thereof) are complete, accurate, of any certain quality, reliable or secure in any way, suitable for or compatible with any of your (or your End Users’) contemplated activities, devices, operating systems, browsers, software or tools (or that they will remain as such at any time), or comply with any laws applicable to you or your End Users (including in any jurisdiction in which you operate), or that their operation will be free of any viruses, bugs or other harmful components or program limitations. Moreover, we do not endorse any entity, product or service (including any Third Party Services) mentioned on or made available via the Wix Services – so please be sure to verify those before using or otherwise engaging them.

 

Wix may, at its sole discretion (however it shall have no obligation to do so), screen, monitor and/or edit any User Platform and/or User Content, at any time and for any reason, with or without notice.

 

Notwithstanding anything to the contrary in the foregoing, in no circumstances may Wix be considered as a “publisher” of any User Content, does not in any way endorse any User Content, and assumes no liability for any User Content uploaded, posted, published and/or made available by any User or any other party on and/or through the Wix Services, for any use by any party, or for any loss, deletion or damage thereto or thereof or any loss, damage, cost or expense that you or others may suffer or incur as a result of or in connection with publishing, accessing and/or relying on any User Content. Furthermore, Wix shall not be liable for any mistakes, defamation, libel, falsehoods, obscenity, pornography, incitement and/or any other unlawful and/or infringing User Content you or any other party may encounter.

 

You acknowledge that there are risks in using the Wix Services and/or connecting and/or dealing with any Third Party Services through or in connection with Wix Services, and that Wix cannot and does not guarantee any specific outcomes from such use and/or interactions, and you hereby assume all such risks, liabilities and/or harm of any kind arising in connection with and/or resulting from such interactions. Such risks may include, among others, misrepresentation of information about and/or by Third Party Services and/or Licensed Content, breach of warranty and/or contract, violation of rights, and any consequent claims.

 

Wix does not recommend the use of the Wix Services for hosting of personal content and shall not bear any security or integrity obligations or risks regarding breach or damage to any such content.

 

Please note that certain Wix Services are currently offered in their BETA version, and undergoing BETA testing. You understand and agree that certain Wix Services may still contain software bugs, suffer disruptions and not operate as intended or designated. Your use of the Wix Services at this BETA stage signifies your agreement to participate in such Wix Services’ BETA testing.

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We make no warranties regarding our services, including their quality, reliability, security, compatibility and conditions.

We may monitor and edit your website and content.

​
 

However, we are not to be considered a “publisher” of your content, we do not endorse your content, and will not be liable for any content used by you or anyone else.

There are risks in using our services or anyone else’s services. You accept such risks.

Some of our services are still in BETA, and may contain bugs or experience interruptions.

13. Limitation of Liability

To the fullest extent permitted by law in each applicable jurisdiction, Wix, its officers, directors, shareholders, employees, affiliates and/or agents shall not be liable to you for any direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, including any damages resulting from (1) errors, mistakes, or inaccuracies of or in any content; (2) any personal injury or property damage related to your use of the Wix Services; (3) any unauthorized access to or use of our servers and/or any personal information and/or other information stored therein; (4) any interruption or cessation of transmission to or from the Wix Services; (5) the use or display of any Content or User Content posted, emailed, transmitted, or otherwise made available via the Wix Services; (6) events beyond the reasonable control of Wix, including any internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties; and/or (7) loss of use, data, profits, goodwill, or other intangible losses, resulting from the use or the inability to use any or all of Wix Services.

 

You acknowledge and agree that these limitations of liability are agreed allocations of risk constituting in part the consideration for Wix’s services to you, and such limitations will apply even if Wix has been advised of the possibility of such liabilities.

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Subject to applicable law, we will not be liable for any damages.

14. Indemnity

You agree to defend, indemnify and hold harmless Wix, its officers, directors, shareholders, employees, affiliates and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including attorneys’ fees) arising from: (1) your violation of any term of these Terms of Use or any other Wix Terms; (2) your violation of any third party right, including any copyright, access rights, property, or privacy right, resulting from your User Platform or User Content and/or your use of the Wix Services, including, without limitation, Wix Services’ actions for your benefit; and/or (3) any other type of claim that your User Platform and/or User Content caused damage to a third party.

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If we get sued or are otherwise placed in harm’s way because of something you did, you will bear the associated costs and damages.

15. General

15.1. Changes & Updates

Wix reserves the right to change, suspend or terminate any of the Wix Services (or any features thereof, or prices applicable thereto), and/or cancel your access to any of the Wix Services (including removal of any materials created by you in connection with the Wix Services) for any reason and/or change any of the Wix Terms with or without prior notice - at any time and in any manner.

You agree that Wix will not be liable to you or to any third party for any modification, suspension or discontinuance of those Wix Services.

If any such changes involve the payment of additional Fees, we will provide you with a notice of such Fees prior to enabling such specific changes. If you fail or refuse to pay such Fees, we may (at our sole discretion) cancel your User Account (as further explained in Section 6 above), continue to support your then-current Wix Services without enabling such changes, or provide you with alternative Services.

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We may make changes to our services or to these terms at any time.

15.2. Governing Law & Jurisdiction; Class Action Waiver

The Wix Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the Wix Services, their interpretation, or the breach, termination or validity thereof, the relationships which result from or pursuant to the Wix Terms, or any related transaction or purchase, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of the State of Israel, without respect to its conflict of laws principles.

 

Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by, a court of competent jurisdiction located in Tel Aviv, Israel. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.

​

Subject to any applicable law, all disputes between you and Wix shall only be resolved on an individual basis and you shall not have the right to bring any claim against Wix as a plaintiff or a member of a class, consolidated or representative actions (or any other legal proceedings conducted by a group or by representatives on behalf of others).   

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Notwithstanding anything to the contrary in this Section 15.2, if you are located in the United States of America, (i) the legal jurisdiction governing all aspects of the payment transaction contemplated by Section 5 between you and Wix will be the State of New York, without respect to its conflict of laws principles, and (ii) any and all claims and disputes related to such payment transaction contemplated by Section 5 shall be brought in, and you hereby consent to them being decided exclusively by, a court of competent jurisdiction located in New York, New York.

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These terms and our relationship shall be governed by the laws of the State of Israel. Any disputes between us may only be brought before the courts of Tel Aviv, Israel.

15.3. Notices

We may provide you with notices in any of the following methods: (1) via the Wix Services, including by a banner or pop-up within the Wix Website, User Account or elsewhere; (2) by e-mail, sent to the e-mail address you provided us; and/or (3) through any other means, including any phone number or physical address you provided us. Wix’s notice to you will be deemed received and effective within twenty four (24) hours after it was published or sent through any of the foregoing methods, unless otherwise indicated in the notice.

15.4. Relationship

The Wix Terms, and your use of the Wix Services, do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between Wix and you.

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We may provide you with notices via our services, by e-mail or through any other contact means you provided us.

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Accepting these terms and services does not form a partnership or any special relationship between us

15.5. Entire Agreement

These Terms of Use, together with the Wix Terms and any other legal or fee notices provided to you by Wix, shall constitute the entire agreement between you and Wix concerning the subject matter hereof or thereof, and supersede any and all prior or contemporaneous agreements, understandings, promises, conditions, negotiations, covenants or representations, whether written or oral, between Wix and you, including those made by or between any of our respective representatives, with respect to any of the Wix Services. You further agree that you are not relying upon any promise, inducement, representation, statement, disclosure or duty of disclosure of Wix in entering into any of the Wix Terms.

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These terms (together with additional terms) shall constitute the sole and entire agreement between us

15.6. Assignment

Wix may assign its rights and/or obligations hereunder and/or transfer ownership rights and title in the Wix Services and/or Licensed Content to a third party without your consent or prior notice to you. You may not assign or transfer any of your rights and obligations hereunder without the prior written consent of Wix. Any attempted or actual assignment thereof without Wix’s prior explicit and written consent will be null and void. In any event, an assignment or transfer pursuant to this Section ‎15.6 shall not in itself grant either Wix or you the right to cancel any Wix Services or Third Party Services then in effect.

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We may assign our rights and obligations to other parties. You may only do so with our prior written consent

15.7. Severability & Waivers

If any provision of the Wix Terms is deemed by a court of competent jurisdiction to be invalid, unlawful, void, or for any reason unenforceable, then such provision shall be deemed severable and will not affect the validity and enforceability of the remaining provisions. No Waiver of any breach or default of any of the Wix Terms shall be deemed to be a waiver of any preceding or subsequent breach or default.

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These terms are independent from each other, in case any of them is found invalid.

15.8. Interpretation

Any heading, caption or section title contained herein, and any explanation or summary under the right “#ItsThatEasy” column, is provided only for convenience, and in no way defines or explains any section or provision hereof, or legally binds any of us in any way.

 

These Terms of Use were written in English, and translated into other languages for your convenience. You may access and view other language versions by changing your Wix Website language settings. If a translated (non-English) version of these Terms of Use conflicts in any way with their English version, the provisions of the English version shall prevail.

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Only the left column is legally binding (this column is just for clarity).

Translated (non-English) versions of these terms are provided for convenience only.

15.9. Customer Service Contact

To get in touch with our Customer Service - please use any of the options listed below:

  1. Go to Wix Help Center which is available at: https://support.wix.com/en/article/contacting-wix-support

  2. Send an email message to: support@wix.com

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FULFILLMENT CENTER TERMS OF SERVICE:

Summary: Please read these terms very carefully as they form a binding Agreement between you and Printful regarding the use of our services and website. At the beginning of each Section, you'll find a short summary to help you navigate the document. Note that these summaries do not replace or represent the full text.

The following terms and conditions constitute a legally binding contract (this "Agreement") between you (“you” or “your”) and Printful, Inc., a Delaware corporation that governs all use by you of the printful.com website (the "Site") and the services available on or at the Site (taken together with the use of the Site, the "Services"). We’ll refer to Printful and all of its subsidiaries and affiliated companies collectively as "Printful", "we", "our", "us", etc. Printful is a print-on-demand company for businesses that want to outsource the printing and delivering component. Printful white-label prints and dropships products ("Products") directly to you and your customers ("Customers").

The Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein. We also have other policies and procedures including, without limitation, ShippingReturn PolicyPrivacy Policy and others.  Those policies contain additional terms and conditions, which apply to the Services and are part of this Agreement. YOUR USE OF THE SITE CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO BE BOUND BY THIS AGREEMENT.  FURTHERMORE, BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THE SITE, YOU ACCEPT AND ARE BOUND BY THIS AGREEMENT.  If you do not agree to this Agreement, do not use the Site or any other Services.  

If you use our Services only for your personal use, you are considered a "User". If you use our Services to execute orders or deliver Products to third parties (including Customers), you are considered a "Merchant".

REGARDLESS IF YOU ARE A USER OR MERCHANT, SECTION 18 OF THIS AGREEMENT REQUIRES THAT ALL DISPUTES (AS DEFINED BELOW) ARISING FROM OR RELATING TO THIS AGREEMENT BE RESOLVED BY ARBITRATION ON AN INDIVIDUAL BASIS, RATHER THAN BY JURY TRIAL OR CLASS ACTIONS, EXCEPT AS OTHERWISE PROVIDED BY SECTION 18.  IF YOUR COUNTRY OF RESIDENCE IS IN THE EUROPEAN ECONOMIC AREA OR THE UNITED KINGDOM THIS APPLIES TO ANY ACTION YOU MAY WANT TO BRING AGAINST PRINTFUL IN THE UNITED STATES.

1. Access & Membership

Summary: You need to be of a certain legal age to use Printful, and you're fully responsible for your account and the use of our services. If you violate our Terms of Service or otherwise act in bad faith, we can modify, cancel, or refuse service at any time.

In order to enjoy all of Printful's benefits, you may register your account and become a member ("Member"). Membership requires that you register on the Site (including by truthfully filling out all required personal information). You may opt out of marketing and promotional activities, including emails. You may cancel your membership at any time by canceling it online on the Site. To complete registration, you shall provide a name, surname, email address and password. You may never use another user's Printful account without permission from that user. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Printful immediately of any breach of security or unauthorized use of your account. Although Printful will not be liable for your and your Customer’s losses caused by any unauthorized use of your account, you may be liable for the losses of Printful and others due to such unauthorized use.

Printful may change, suspend or discontinue the Services, Products, fees, charges, terms at any time, including the availability of any feature or content, but without affecting orders for European Economic Area Users or the United Kingdom which Printful has already confirmed. Printful may also impose limits on certain features and Services or restrict the User's access to parts or all of the Services without notice or liability. If you are an individual (rather than an organization or entity), then you certify to Printful that you are at least 18 years of age, however, if you are an individual residing in Japan, you certify to Printful that you are at least 20 years of age. If you are using the Services on behalf of an organization or entity then you certify that you are legally authorized and permitted to bind such organization or entity to this Agreement and use the Services. Notwithstanding the aforementioned, you agree to take full responsibility for your selection and use of the Services. This Agreement is void where prohibited by law, and the right to access or use the Services is revoked in such jurisdictions.

2. Modifications

Summary: We reserve the right to modify our terms, services, and fees. Please follow changes to our terms by checking in with the Policy updates section on our website.

Without affecting orders for European Economic Area Users or orders for Users in the United Kingdom which Printful has already confirmed Printful reserves the right, at its sole discretion, to modify this Agreement and its terms, as well as the fees and other charges for our Services, at any time.  All such modifications will become effective immediately after Printful posts them on the Site. You shall be responsible for reviewing and becoming familiar with all such modifications, and you agree to review the terms of this Agreement each time you access or use the Site so that you are aware of any modifications made to this Agreement.  Use of the Site and other Services by you after Printful posts the modifications on the Site constitutes your acceptance of the terms and conditions of this Agreement, as modified. If you do not agree to the modified terms, you are not authorized to access or use the Site or other Services, and you must send Printful a written notification, including via email (and your Printful account will be deleted), to close your account within 30 days of notice.

3. Content

Summary: Printful respects intellectual property rights and asks you to do the same. Anything you upload will remain yours, and you're responsible for it. We'll only use the content you submit to provide you with our services. If we receive a Digital Millennium Copyright Act (DMCA) takedown notice for content you've submitted, we may remove the allegedly infringing content or suspend access to the Printful website.

All content (including all information, images, pictures, data, text, photographs, graphics, messages, and other materials, hereinafter "Content") that you post, submit, upload, display, sell or use, hereinafter "post", using our Services is your content. We don’t make any claim(s) to it. That includes anything you post using our Services (like your Content, images, shop name, your customer reviews, comments, videos, usernames, etc.).

  1. Responsibility for the Content. You understand that you are solely responsible for the Content that you post on or through the Services. You represent that you have all necessary rights to the Content, including all necessary rights to post it or use it on your Products sold, manufactured, or warehoused by Printful. You also represent that you’re not infringing or violating any third party’s rights by posting the Content or using the Content on your Products sold, manufactured, or warehoused by Printful.

  2. Permission to Use the Content. Printful agrees that any Content that you post using our Services will remain yours. This means that we will never use your Content except with your express permission or as otherwise provided in this Agreement.

  3. Rights You Grant Printful. By posting your Content, you grant Printful a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of your Content to provide the Services and to promote Printful and/or your Printful store, or the Services in general, in any formats and through any channels, including across the Services, third-party website, advertising medium and/or social media. You agree and represent that you have the rights to grant this license to us.

  4. Reporting Unauthorized Content. Printful respects intellectual property rights and follows intellectual property laws. We are committed to following appropriate legal procedures to remove infringing content from the Service(s).

  5. Intellectual Property. Printful respects your work and empowers you to express your voice and ideas. We ask that you respect the work and creative rights of others. You need to either own the Content you post to Printful, or have the express authority to post it. Content must comply with right of publicity, trademark and copyright laws, and all other applicable national, state, and federal laws.

  6. Trademarks and Infringement of Intellectual Property. We are committed to following appropriate legal procedures to remove infringing content from the Services. Printful will try to accommodate and not interfere with standard technical measures used by copyright owners to identify and protect their works. Printful reserves the right to do any or all of the following at any time at our sole discretion: (i) immediately suspend your use of the Services; and/or (ii) remove, block, and disable access to any of your Content that is alleged to infringe the intellectual property rights of others. When we receive notice of intellectual property infringement (via the form available here), Printful strives to respond quickly by removing, blocking, or disabling access to the allegedly infringing material. When Printful removes, blocks or disables access in response to such a notice, Printful makes a reasonable attempt to contact the allegedly infringing party, provide information about the notice and removal, and, in cases of alleged copyright infringement, provide information about counter notification.

    1. DMCA Cooperation:  Printful’s copyright infringement notice and Content removal policies and procedures are intended to comply with the requirements and obligations of service providers under the Digital Millennium Copyright Act (DMCA).  To the extent any requirements and obligations of service providers under the DMCA change or are different than set forth herein, Printful’s policies and procedure may likewise change in accordance with the DMCA requirements and obligations of service providers. More information about DMCA procedure is available here.

    2. Counter DMCA Notifications: If Printful receives a DMCA counter notification, Printful will send a copy of the counter notice to the original complaining party.  Unless the copyright owner files an action seeking a court order against the allegedly infringing party and informs Printful of this action, the removed, blocked, or disabled material may be replaced or access to it may be restored 10-14 business days after delivery of the counter notice to the original complaining party.  If an action is filed, any Content removed, blocked, or disabled shall remain removed, blocked or disabled at the sole discretion of Printful.

    3. Repeat Infringement: Printful may terminate account privileges of Members that are subject to repeat notices of intellectual property infringement as determined by Printful at its sole discretion.

  7. Copyright and Trademark Responsibility. You agree and represent by accepting this Agreement and using our Services that you own all rights (including copyrights) for the Content you post, or if you are not the owner, that you have permission to use and reproduce the Content in connection with the Services, and that you have all of the rights required to post your Content. Likewise, by accepting this Agreement and using our Services, you agree and represent that you own or have permissions to use all copyrights, trademarks, service marks, trade dress, and trade names incorporated into the Content you post or use in connection with any Content and the Services provided under this Agreement.

  8. Inappropriate, False, or Misleading Content. This should be common sense, but there are certain types of Content we don’t want submitted to our Services (for legal reasons or otherwise). You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, illegal or otherwise offensive or in violation of any part of this Agreement. You also agree not to post any Content that is false or misleading or uses the Services in a manner that is fraudulent or deceptive.

4. Use of Services

Summary: By using Printful, you agree to use our services according to our terms and to respect the rights of our brand name, trademark, and digital items. In case we need to contact you, we'll reach out to you via email.

We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services, platforms, and integrations subject to this Agreement and the following restrictions in particular:

  1. Don’t Use Our Services to Break the Law. You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal, and international laws that may apply to you or Printful. For example, it’s your responsibility to obtain any permits or licenses that your store may require; you must not engage in fraud, theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against Printful, another Printful user, or a third party. You also agree that you are not the target of trade, financial, and economic sanctions, and that you do not appear on a sanctions-related list, including lists maintained by the U.S. Department of Treasury’s Office of Foreign Assets Control (“OFAC”), the U.S. Department of State, the U.S. Department of Commerce, the European Union, or Her Majesty’s Treasury of the United Kingdom. You also agree that you will not export, reexport, or otherwise transfer Printful’s Products to countries or territories that are the target of comprehensive embargoes or sanctions (including Cuba, Iran, Syria, North Korea, and the Crimea region) or parties on the sanctions-related lists referenced above.  You agree not to use the Services: (i) to impersonate or attempt to impersonate Printful, any other Printful Party (as defined below), or any other person or entity; or (ii) for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise. The following are collectively referred to as the “Printful Parties”: (a) Printful, (b) Printful’s subsidiaries, affiliated companies, and joint ventures, and (c) the officers, directors, members, managers, equity holders, agents, and employees of Printful and its subsidiaries, affiliated companies, and joint ventures.

  2. Don’t Try to Harm Our Systems. You agree not to interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code into our platforms, third party services, or other programs or systems our clients may use to promote their Products.  You agree not to use the Services: (i) to send, knowingly receive, upload, download, use, or re-use any material which does not comply with this Agreement; or (ii) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm any Printful Party or expose any of them to liability.  You agree that Printful reserves the right to audit our platforms (systems) to ensure integrity and compliance with this Agreement, at the sole discretion of Printful.

  3. Follow Brand Guidelines. The name “Printful”, our iconography, phrases, logos, and designs that we use in connection with the Products or Services we provide are trademarks, service marks, or trade dress of Printful in the US, European Union, and all other countries, that are used for proprietary purposes at our sole discretion.  Except as expressly provided in this Agreement, Printful does not grant you any rights to use its trademarks, service marks, or trade dress. You may state in connection with the Services or Products provided by Printful that Printful provided such Services or Products. If you use any of our trademarks in reference to our Products or Services, you must include a statement attributing that trademark to us. You must not use any of our trademarks: (i) in or as the whole or part of your own trademarks; (ii) in connection with activities, Products or Services which are not ours; (iii) in a manner which may be confusing, misleading or deceptive; or (iv) in a manner that disparages us or our information, Products or Services (including the Site). Printful reserves the right to request you to immediately remove any such misused iconography, phrases, logos, and designs at our sole discretion.

  4. Share Your Ideas. We love your suggestions and ideas! They can help us improve your experience and our Services. Any unsolicited ideas or other materials you submit to Printful (not including your Content or Products you sell or warehouse through our Services) are considered non-confidential and nonproprietary to you. By submitting those ideas and materials to us, you grant us a non-exclusive, worldwide, royalty-free, non-revocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you at any time.

  5. Communication Methods. Printful will provide you with certain legal information in writing. By using our Services, you’re agreeing to our communication methods which describe how we provide that information to you. This simply means that we reserve the right to send you information electronically (by email, etc.) instead of mailing you paper copies (it’s better for the environment).
    Under California Civil Code Section 1789.3, Users from the State of California are entitled to the following specific consumer rights notice:

    The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at:
    Printful, Inc.
    11025 Westlake Dr., Charlotte, NC 28273
    support@printful.com

  6. Digital Items. Digital items (like mockups, templates, images and other design assets) and texts created in connection with the Products and/or Services we offer and their intellectual property rights belong exclusively to Printful.  Digital items and any results may only be used in connection with the advertising, promoting, offering and sale of Printful’s Products and may not be used for other purposes or in conjunction with products from other manufacturers. If Printful provides the possibility for Users to modify or customize any Digital Items, you will ensure that the Content used to modify such Digital Items will comply with the intellectual property laws and our Acceptable Content guidelines.

5. Content and Services

Summary: You are responsible for communicating with your customers and handling any claims they might have. We provide the best service we can on an "as is" basis, and please be aware that it may have errors and interruptions.

  1. Items Your Clients Purchase Through Our Sites. You understand that Printful cannot and does not make any warranties about your Content, stores, or what you sell to your Customer that we may warehouse. Any legal claim related to a Product your Customers purchase must be brought directly against you as the seller of the Product. You release Printful from any claims related to Products sold by you through our Services, including claims for misrepresentations by you to your Customers or claims for physical injury or property damage by any of your Products that are warehoused for you by Printful.  

  2. Content You Access. Your Customers may come across materials that they find offensive or inappropriate while using our Services. We make no representations concerning any content posted by others through the Services. Printful is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by others that you accessed through the Services. You release us from all liability relating to that content.

  3. Third-Party Services. Our stores on our Site(s) may contain links to third-party websites or services that we don’t own or control (for example, links to Facebook, Twitter, and Pinterest). You may also need to use a product or service of one of our subcontractors or other third parties in order to use some of our Services (like a compatible mobile device to use our mobile apps). When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use. Printful is not a party to those agreements; they are solely between you and the third party.  You agree that Printful will not be liable to you in any way for your use of these third party services.

  4. Services. Printful is dedicated to making our Services the best they can be, but we’re not perfect and sometimes things can go wrong. You understand that our Services are provided “as is,” with all faults and without any kind of warranty (express or implied), except for the warranties provided with respect to Products in Section 6 below. TO THE FULLEST EXTENT PERMITTED BY LAW, WE ARE EXPRESSLY DISCLAIMING ANY AND ALL WARRANTIES OR CONDITIONS OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES OR CONDITIONS IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE, WITH RESPECT TO OUR SERVICES, EXCEPT FOR THE WARRANTIES OR CONDITIONS PROVIDED WITH RESPECT TO PRODUCTS IN SECTION 6 BELOW. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. We do not guarantee that:

    1. the Services will be secure or available at any particular time or location – Printful shall not be liable for any delays, interruptions or loss of data in connection with the use of our Site and Services. Printful shall strive to ensure that the Services are carried out in other locations in case it is not possible to carry them out at the location the Services were initially intended to be performed at.

    2. any errors for which Printful is responsible will be corrected;

    3. the Services will always be free of viruses or other harmful materials; or

    4. the results of using the Services will meet your expectations.
      You use the Services solely at your own risk.

  5. LIABILITY LIMITS. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER PRINTFUL NOR ANY OTHER PRINTFUL PARTY SHALL BE LIABLE TO YOU OR YOUR CUSTOMERS FOR ANY LOST PROFITS OR REVENUES, DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, ENHANCED, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE SERVICES OR THIS AGREEMENT, REGARDLESS OF (I) WHETHER ANY OF THE FOREGOING DAMAGES WERE FORESEEABLE, (II) WHETHER OR NOT YOU WERE ADVISED OF THE POSSIBILITY OF INCURRING ANY OF THE FOREGOING DAMAGES, (III) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND (IV) ANY SPECIFIC CIRCUMSTANCES OF YOU AND/OR YOUR CUSTOMER.  THE LIABILITY OF THE PRINTFUL PARTIES WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE SERVICE THAT YOU HAVE PURCHASED OR USED THROUGH THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. 

6. Limited Warranty on Products

Summary: Please read this section very carefully—it covers our obligations and responsibilities for Printful services. If you have an issue with your order, you may be eligible for a replacement product or refund, so reach out to us as soon as possible.

Does not apply to Users residing in the European Economic Area or the United Kingdom (see Section 7).

  1. Limited Warranty.  We warrant that, at the time of delivery of a Product to a User or the Merchant’s Customer, the Product will not be materially defective or damaged (the “Limited Warranty”). Customers residing in Brazil have the right to cancel and return their order within 7 days, for any reason.

  2. Who May Use This Warranty?  Printful extends the Limited Warranty only to Users and Merchants.  All Limited Warranty coverage terminates if the User or the Merchant’s Customer sells or otherwise transfers a Product.

  3. What Does This Warranty Not Cover?  This Limited Warranty does not cover any damage to or defect in a Product caused by any of the following: (a) you or third parties; (b) any improper handling (including during shipping), use or storage of the Product; (c) any failure to follow any Product instructions; (d) any modifications to the Product; (e) any unauthorized repair to the Product; or (f) any external causes such as accidents, fire, flood, “acts of God” or other actions or events beyond our reasonable control; or (g) any costs or expenses related to the loss of use of the Product or any other costs or expenses not covered by this Limited Warranty.  This Limited Warranty does not cover any items supplied by third parties, size exchanges or buyer’s remorse.  

Finally, as noted elsewhere in this Agreement, we unfortunately cannot guarantee that the colors and details in our website images are 100% accurate representations of a Product, and sizes might in some cases be approximate.  Accordingly, this Limited Warranty does not cover such matters.  

  1. What Is The Period Of Coverage?  This limited warranty starts on the date of the delivery of the Product to the User or the Merchant’s Customer and lasts for thirty (30) days (the “Warranty Period”). For the avoidance of doubt, Printful acknowledges that according to some jurisdictions the User may be entitled to a longer Warranty Period.

  2. What Are Your Remedies Under This Warranty?  With respect to any materially defective or damaged Product, we will, in our sole discretion, either: (a) replace such Product (or the defective or damaged part of the Product) free of charge, or (b) refund the purchase price paid to us by the User or the Merchant along with the shipping fees corresponding to the defective or damaged Products. 

  3. How Do You Obtain Warranty Service?  Promptly following delivery of a Product, you or your Customer (if you are a Merchant) will inspect the Product.  If a Product is materially defective (including any error by Printful in printing) or damaged upon receipt, or if you received the wrong Product, then in order to be eligible for service under this Limited Warranty, you must submit a claim within the Warranty Period in compliance with our Return Policy.  If you are a Merchant, your Customer should contact you regarding any defective or damaged Product and with respect to any delivery of the wrong Product.   

  4. LIMITATION OF LIABILITY.  THE REMEDIES DESCRIBED IN THIS SECTION 6 ARE YOUR SOLE AND EXCLUSIVE REMEDIES (AND OUR ENTIRE LIABILITY) FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY FOR A DEFECTIVE OR DAMAGED PRODUCT SHALL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT RECEIVED BY US FOR THE PRODUCT, NOR SHALL WE UNDER ANY CIRCUMSTANCES, TO THE FULLEST EXTENT PERMITTED BY LAW, BE LIABLE FOR ANY LOST PROFITS OR REVENUES, DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, ENHANCED OR PUNITIVE DAMAGES OR LOSSES ARISING OUT OF OUR PRODUCTS, REGARDLESS OF (I) WHETHER ANY OF THE FOREGOING DAMAGES WERE FORESEEABLE, (II) WHETHER OR NOT YOU WERE ADVISED OF THE POSSIBILITY OF INCURRING ANY OF THE FOREGOING DAMAGES, (III) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND (IV) ANY SPECIFIC CIRCUMSTANCES OF YOU AND/OR YOUR CUSTOMER.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION. WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES OR CONDITIONS WITH RESPECT TO OUR PRODUCTS, INCLUDING WITHOUT LIMITATION THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE DURATION OF THE WARRANTY PERIOD. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY OR CONDITION LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

7. Your rights in the case of lack of conformity

Summary: If you reside in the European Economic Area or the United Kingdom, this is where you'll find information on what you can do if there's an issue with your order.

If you are a User residing in the European Economic Area or the United Kingdom, the legal guarantees established by Directive 1999/44/EC on consumer sales and guarantees or similar consumer contracts regulations apply to the sale of our products. Consequently, you have the right, free of charge, to get the products repaired (or replaced) within the limits provided by the law, or, in case of failure of one of the remedies above to have an appropriate reduction in the price of the products, or the contract cancelled. Delivery costs for returning the product to be repaired or replaced under this clause shall be borne by Printful, as well as any costs related to the delivery to you of the repaired or replaced product.

The Products we supply to you are: (1) made to your specification and are clearly personalised with your designs; and may also be (2) sealed for health protection or hygiene reasons, or both.  You do not, therefore, have the right to cancel your order or change your mind as set out in our Return Policy.

8. Responsibility of Site members and visitors

Summary: When using Printful services, it's your responsibility to follow our policies. If you violate our policies, we might restrict or even end up terminating your access to our services.

Violation of this Agreement or any other rules will result in the termination of your Printful account.

Printful and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Services. Without limiting the foregoing, Printful and its designees shall have the right to remove, block, and disable any Content. You agree that you must evaluate and to the extent permitted by law bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Printful or submitted to Printful, including without limitation information in Printful collaborations, posts and in all other parts of the Printful Services.

Without limiting other remedies, we may limit, suspend or terminate our Services and your account, prohibit access to our Site, delay, remove, block, or disable hosted Content, and take technical and legal steps to keep you off the Site if we think that you are creating problems, causing possible legal liabilities, breaching this Agreement, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for extended periods of time. You are responsible for providing Printful with accurate and truthful information (including but not limited to your name and surname if you are a User or retail price if you are a Merchant). If you have provided Printful with inaccurate or false information, (a) you shall be liable to Printful for damages and losses (including but not limited to taxes) arising out of such inaccurate or false information, (b) you shall reimburse such damages and losses (including but not limited to taxes) to Printful, and (c) Printful shall have the right to charge you for such damages and losses (including but not limited to taxes) and otherwise limit or suspend your access to the Services.

9. Payments and fees

Summary: To pay for Printful services, you need a valid payment method (e.g. a credit card, PayPal) that you're authorized to use. All fees will be charged to your payment method. Note that you might need to reimburse us for any chargeback fees for returns that aren't in line with our policies.

You may choose to save your billing information to use it for all future orders and charges associated with Printful Products and/or Services. In such case, you also acknowledge and agree that this information will be stored and processed by third party PCI DSS compliant service providers.

When you order a Product, or use a Service that has a fee, you will be charged, and you agree to pay, the fees in effect at the time the order is placed.  We may change our fees from time to time (for example, when we have holiday sales, offer you a discount of base product prices, etc.). The fees for the Products and the Services (if and as applicable), as well as any associated delivery costs will be indicated on the Site when you place an order or pay for the Service. We may choose to temporarily change the fees for our Services for promotional events or new Services, and such changes are effective when we post the temporary promotional event or new Service on the Site or inform you individually. The sale will be submitted for processing and you will be charged as soon as you confirm it. You may then receive an email from us.

By placing an order through the Site, you are confirming that you are legally entitled to use the means of payment tendered and, in the case of card payments, that you are either the cardholder or have the cardholder's express permission to utilize the card to effect payment. In case of an unauthorized use of a payment method, you will be personally liable for, and shall reimburse Printful for damages resulting from such unauthorized use.  

With regard to payment methods, you represent to Printful that (i) the billing information you supply to us is true, correct, and complete and (ii) to the best of your knowledge, charges incurred by you will be honored by your financial institution (including but not limited to credit card company) or payment service provider.

If you or your Customer makes any return which does not comply with our return policies (which are described here), you will reimburse Printful for its losses, which consist of fulfillment costs and chargeback handling fees (up to $15 USD per chargeback). 

We may refuse to process a transaction for any reason or refuse to provide Services to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of refusing or suspending any transaction after processing has begun.

Unless stated otherwise, you may choose currency from the options available at the Site in which all fees and payments will be quoted. You are responsible for paying all fees, payments and applicable taxes associated with our Site and Services. After receiving your order you may receive an email from us with the details and description of the Products ordered. Payment of the total price plus taxes and delivery must be made in full before the dispatch of your Products.

Printful at its sole discretion may offer you various discounts, as well as change, suspend or discontinue them at any time. You may find more information about the available discounts at the Site, in the marketing and promotional emails or via other channels or events Printful may use or participate in.

10. Taxes

Summary: You are responsible for paying any applicable taxes to your local taxing authority, unless we have informed you otherwise.

Aside from the limited circumstances set out below, you are responsible for (and shall charge) all applicable taxes, such as but not limited to sales taxes, VAT, GST and others, and duties associated with the Products (if and as applicable).

In some states in the US and countries, Printful may collect the applicable taxes from you as the seller and pay this to the relevant tax authority (if and as applicable).

In certain cases you are required to provide a valid exemption certificate such as Resale certificate, VAT ID or ABN.

11. Shipping

Summary: Once you've placed an order, you might no longer be able to edit the order details or cancel it. If you have an issue with the shipment of your order, contact us within 30 days of the delivery or estimated delivery date. In some cases, you may need to reach out to the shipping carrier directly.

Once you have confirmed your order, it might not be possible to edit or cancel it. If you want to change some parameters, Customer addresses, etc., please check whether such an option is available in your account. We are not bound to make such modifications to your order, but we will do our best on a case-by-case basis. 

The risk of loss of, damage to and title for Products pass to you upon our delivery to the carrier. It shall be your (if you are a User) or your Customer's (if you are a Merchant) responsibility to file any claim with a carrier for a lost shipment if carrier tracking indicates that the Product was delivered. In such case Printful will not make any refunds and will not resend the Product. For Users in the European Economic Area or the United Kingdom, the risk of loss of, damage to and title for Products will pass to you when you or a third party indicated by you has acquired the physical possession of the Products.

If carrier tracking indicates that a Product was lost in transit, you or your Customer may make a written claim for replacement of (or credit to the Member’s account for) the lost Product in compliance with Printful’s Return Policy. For Products lost in transit, all claims must be submitted no later than 30 days after the estimated delivery date.  All such claims are subject to Printful investigation and sole discretion.

12. Description of products

Summary: We strive towards making our product development process the best we can, yet we can't guarantee that the product representations on our website will be 100% accurate or that the manufacturing stage won't result in damages. To speed up fulfillment, we also offer you product alternatives in case any of your products are out of stock.

While many component parts of our Products are standard, all Products available for purchase are described on their specific page on our Site. We always try to represent each design as accurately as possible via photography and copy points provided by designers, artists or photographers.

We have a policy of continuous Product development so we can provide you with what we consider the best design combined with best performance, and thus reserve the right to amend the specifications of Products, their price, packaging, and any Service associated at any time, without prior notice. Before ordering, we invite you to have a close look at the Product description and design.

We use our best efforts to provide you with the best images and descriptions, but unfortunately cannot guarantee that colors and details in website images are 100% accurate representations of the product, and sizes might in some cases be approximate.

Sometimes during the manufacturing process Products can be damaged.  Obviously we won’t knowingly ship damaged items to you (your Customers), but these damaged items can still be used for charitable purposes. Printful reserves the right to donate all damaged items with full or partial designs to charity and you hereby waive your right to collect royalties or other fees regarding damaged Products that are donated.

If a Product the Merchant has ordered goes out of stock and the Merchant has not opted-out of Product alternatives in store settings, the Product might be substituted at Printful's own discretion and without any express notification with the most appropriate Product alternative in the order to avoid fulfillment delays, unless we can't find a comparable replacement, in which case the Merchant still need to wait for the original Product to be restocked. If the Product alternative costs more than the original Product being substituted, Printful will charge the price Merchant has paid for the order of the Product. For Product alternatives that cost less than the original Product, we'll refund you the difference. If you wish to opt-out of alternative Products, you can change it in the store settings. Unless the Merchant has opted-out of Product alternatives in the store settings, Merchant is solely responsible for informing Merchant’s Customers about the Product being substituted with a Product alternative.

13. Purchase of products

Summary: To make sure your orders arrive as quickly as possible, please make sure you submit the correct order details at checkout. Printful doesn't take responsibility for missed deliveries due to typos in the delivery information.

Your order is purchase of a Product for which you have paid the applicable fee and/or other charges that we have accepted and received. Any Products in the same order which we have not accepted do not form part of that contract.  We may choose not to accept any orders in our sole discretion.

Orders are placed and received exclusively via the Site. Before ordering from us, it is your responsibility to check and determine full ability to receive the Products. Correct name of the recipient, delivery address and postal code/zip code, up-to-date telephone number, and email address are absolutely necessary to ensure successful delivery of Products.

All information asked on the checkout page must be filled in precisely and accurately. Printful will not be responsible for missed delivery because of a wrong or misspelled recipient name or surname, delivery address or an inappropriate phone number. Should you like to ask for a change in the delivery address, phone number, or any other special requirements, please contact Printful.

We reserve the right to place your order on hold due to print file issues, security concerns, if we need to confirm your address, or in case of other issues. In case your order will be placed on hold, we will give you 30 days to resolve the issue. If you will not resolve the issue or cancel your order within 30 days, we will cancel the order. In case your order is cancelled, we will only make a refund if work on your order has not started yet.

14. Delivery

Summary: While we may provide delivery estimates, we can't provide guaranteed delivery dates. Once Printful receives payment for your order (including delivery fees), we fulfill the order and pass it onto the carrier. This is also the moment where you or your customer legally become the owner of the products.

We deliver to most places in the world. You shall cover delivery costs. Delivery prices are additional to the Product’s price and may vary depending on delivery location and/or sort of Products, and additional charges may be added to the order for remote or difficult to access locations that require special attention. Flat rate delivery charges are shown on our checkout page; however, we reserve the right to advise you of any additional delivery charges that apply to your specific delivery address.

Some Products are packaged and shipped separately. We cannot guarantee delivery dates and to the extent permitted by law accept no responsibility, apart from advising you of any known delay, for Products that are delivered after the estimated delivery date. Average time for delivery may be shown on the Site. It is only an average estimation, and some delivery can take longer, or alternatively be delivered much faster. All delivery estimates given at the time of placing and confirming order can be subject to change. In any case, we will do our best to contact you and advise you of all changes. We try our best to make Product delivery as simple as possible.

Ownership of the Products will only pass to you/Customer after we receive full payment of all sums due in respect of the Products, including delivery charges and taxes, and deliver the Products to the carrier. 

We make no guarantees with respect to any collaboration we undertake with you, including any collaboration with respect to Services, Products (including new Products) or any integration with a vendor platform.

15. Release

Summary: You can’t sue us for anything that we have disclaimed or obtained your release from under this Agreement.

To the fullest extent permitted by law you release us and all other Printful Parties from any and all claims and demands, as well as any and all damages, losses, liabilities, judgments, costs, reasonable attorneys' fees, and other expenses incurred or suffered by any Printful Party, of every kind and nature, known and unknown, relating to or arising out of any right, claim, or matter (a) which is disclaimed by Printful (or for which Printful provides no guarantees) under this Agreement, or (b) for which Printful is otherwise indemnified or released by you under this Agreement.

16. Indemnity

Summary: Printful is not responsible for any damages and liabilities you incur if you break the law, violate these terms or any rights of third parties and it results in legal action (this also includes misrepresentations made by you and any product liability claims).

To the fullest extent permitted by law you will defend, indemnify, and hold Printful and the other Printful Parties harmless from any claim or demand made by any third party (including, but not limited to, your Customer), as well as any and all damages, losses, liabilities, judgments, costs, reasonable attorneys' fees, and other expenses of every kind and nature, known and unknown, incurred or suffered by the Printful Parties, relating to or arising out of (a) your breach of this Agreement, (b) your use (or misuse) of our Services, (c) your Content, (d) the infringement by your Content or your account of someone else’s intellectual property or other rights, (d) your violation of any law or the rights of a third party, or (e) if you are a Merchant, any claims related to products or items sold by you through our Services, including claims for misrepresentations by you to your Customers and claims for physical injury or property damage by any of your products or items that are warehoused for you by Printful.  We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.

17. Governing Law

Summary: If any dispute arises between us we'll apply the laws of the State of North Carolina to resolve it—unless you as a consumer reside in the European Economic Area, Switzerland, or the United Kingdom in which case we'll follow the laws of the Republic of Latvia.

This Agreement, and all disputes and claims arising out of or in connection with this Agreement or its subject matter or formation including non-contractual disputes and claims, are governed by the laws of the State of North Carolina, without regard to its conflict of laws rules. These laws will apply no matter where in the world you live or are located but if you are a User living in the European Economic Area, Switzerland, or the United Kingdom the laws of the Republic of Latvia will apply to any dispute arising out of or relating to this Agreement. Notwithstanding the aforementioned, nothing in this Agreement, including the aforementioned choice of law provision, affects your rights as an User living in the European Economic Area or Switzerland to rely on any mandatory provisions of the law of the country in which you are resident.

For Users in the European Union and the United Kingdom: Alternatively, you can contact the consumer center in your country or you can decide to access the platform for alternative extra-judicial resolution of disputes provided by the European Commission.

18. ARBITRATION AND JURY TRIAL WAIVER

Summary: Any legal dispute involving our services (except for situations defined below) will be resolved by arbitration according to the rules in this Section. By using our services, you waive any rights to a jury trial or class actions.

“Disputes” means all disputes and claims arising out of or in connection with this Agreement or its subject matter or formation including non-contractual disputes and claims, excluding only claims under the Limited Warranty and claims brought by Users living in the European Economic Area, Switzerland, or Users in the United Kingdom against Printful in European Economic Area or in the courts of England and Wales. All Disputes shall be finally settled by final and binding arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules (“Commercial Rules”) in effect at that time. The Rules are deemed to be incorporated by reference into this Agreement. As of the date of this Agreement you can find them here or by calling the AAA at 1–800–778–7879. The Federal Arbitration Act applies to this Agreement.  The arbitration shall be administered by the AAA and shall be conducted by a sole arbitrator selected in accordance with the Commercial Rules unless otherwise mutually agreed by the parties.  Unless Printful and you agree otherwise, any arbitration hearings will take place in Charlotte, North Carolina, except that, for Users, any arbitration hearings will take place in the county of your residence.  Judgment on any arbitration award may be entered and enforced by any court that has jurisdiction to do so. Any arbitration will take place on an individual basis and neither the arbitrator nor AAA are empowered to conduct a class arbitration, class action or to resolve claims of more than a single claimant in anything other than a single proceeding, unless both parties consent. You and Printful acknowledge that AAA may conclude that the Consumer Arbitration Rules or the Rules for the International Centre for Dispute Resolution may be more appropriate in certain cases. You and Printful agree to abide by the decision of the AAA as to the applicable rules in cases where a party may assert that the Commercial Rules are not appropriate. 

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND PRINTFUL KNOWINGLY, VOLUNTARILY, IRREVOCABLY AND ABSOLUTELY WAIVE ALL RIGHTS TO A TRIAL BY JURY OF ANY AND ALL DISPUTES (AS DEFINED ABOVE).  THIS JURY TRIAL WAIVER IS INTENTIONALLY MADE AS YOU AND PRINTFUL WOULD PREFER TO RESOLVE ALL DISPUTES (AS DEFINED ABOVE) AS PROVIDED BY THIS SECTION 18. THIS JURY TRIAL WAIVER IS A MATERIAL INDUCEMENT TO ENTERING INTO THIS AGREEMENT. FURTHERMORE, YOU AND PRINTFUL KNOWINGLY, VOLUNTARILY, IRREVOCABLY AND ABSOLUTELY WAIVE ALL RIGHTS TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION OR OTHER FORM OF JOINT DISPUTE RESOLUTION WITH OTHER PARTIES. 

Notwithstanding the foregoing, you may instead assert your claim in any Dispute in “small claims” court if you provide us with written notice of your intention to do so before any claim is submitted to arbitration and provided that (a) your claim qualifies, (b) your claim remains in such court, and (c) your claim remains on an individual, non-representative, and non-class basis.

Also, notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator. 

You and Printful shall each bear 50% of all fees and expenses of the AAA and the arbitrator except as otherwise provided by the Commercial Rules (or, if applicable, the Consumer Arbitration Rules or the Rules for the International Centre for Dispute Resolution).  The arbitrator may award such fees and expenses of the AAA and the arbitrator as well as other expenses and reasonable attorneys’ fees to a prevailing party consistent with the provisions of the Commercial Rules (or, if applicable, the Consumer Arbitration Rules or the Rules for the International Centre for Dispute Resolution).

19. Privacy and Personal Data Processing

Summary: Printful's Privacy Policy is an important part of our Terms of Service that explains how your information is used when you use our services. Please read it very carefully.

Printful collects your personal data to provide our Services. We are committed to protecting your personal data and privacy and our Privacy Policy details and explains how we are processing Site visitor and User personal information. By accepting this Agreement, you are also accepting and acknowledging our Privacy Policy.

If you are a Merchant and provide us with your customers' personal data, our Data Processing Terms, which are incorporated in this Agreement by reference, apply.

20. General

Summary: Using our services doesn't make you an agent, partner or employee of Printful. We're not responsible for any violations of these terms if it's out of our control. If you have any questions about our Terms of Service, feel free to contact us at support@printful.com.

No agency, partnership, joint venture, employee-employer, franchisor-franchisee relationship, etc. is intended or created by this Agreement.

Printful will not be liable or responsible to you, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in Printful’s performance under this Agreement when such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, such as any fire; flood; earthquake; governmental action; war, invasion or hostilities; national emergency; explosion; terrorist threat or act; riot or other civil unrest; insurrection; epidemic; lockout, strike or other labor dispute (whether or not relating to our workforce); inability or delay in obtaining supplies; telecommunication breakdown; or power outage.

You represent that you have all necessary permits to grant us with Customer’s personal data to fulfill this Agreement.

To ensure full customer support and a higher quality of service, Printful can sign in to customers/users accounts as a customer according to Printful's Privacy Policy.

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement upon notice to you. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.

Printful at its own discretion reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time, including the right to engage third party manufacturing services to perform any Services. If you are a User in the European Economic Area or the United Kingdom and such transfer or assignment may reduce your guarantees under this Agreement, then Printful will ask for your permission beforehand.

If you have any questions about this Agreement, please email us at support@printful.com.

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