Intellectual Property Policy

Printify
108 West 13th Street,
Wilmington 19801, Delaware
Last Updated: November 1, 2024

This Intellectual Property Policy (the “IPP”) outlines the responsibilities and rights of registered and non-registered Users (each a “User,” and collectively, the “Users,” as defined in Section A below) of Printify Inc.’s (“Printify’s”) applications, software, products, and services (collectively, the “Service”) with regard to the intellectual property of third-party rights holders, Users, and Printify. This document is an important contract between Printify and our Users, and as such, we have tried to make it as clear as possible. In addition to the full legal terms and text, we have provided short non-binding summaries with each clause. These summaries do not aim to replace the full text. For the avoidance of doubt, “intellectual property” refers to copyrights, patents, patent disclosures and inventions (whether patentable or not), trademarks, service marks, trade secrets, know-how and other confidential information, trade dress, trade names, logos, corporate names, and all other such rights.

A. Definitions

Terms not defined in this section shall have the meaning provided elsewhere in the Printify Terms of Service.

1. “Agreement” refers, collectively, to all the terms, conditions, and notices contained or referenced in this document (the “IPP”) and all other operating rules, policies, including the Printify Privacy Policy and the Printify Terms of Service, and procedures that we may publish from time to time on the Website.
2. “Content” refers to content accessed, featured or displayed through the Website, including without limitation text, data, articles, images, photographs, graphics, software, applications, designs, features, and other materials that are available on the Website or otherwise available through the Service. “Content” also includes Services. “Content” may include text, data, articles, images, photographs, graphics, software, applications, designs, features, and other materials uploaded or otherwise provided (e.g., through writing Your Product title and description) by a User. 
3. “Customers” refer to individuals or companies that purchase Your Products in Your Stores.
4. “Order” refers to Your Product once it has been purchased by You or Your Customers. “Produced Orders” refers to Orders that have been completed and shipped.
5. “Products” refers to the products offered by the Providers on our Website, including, but not limited to clothing, accessories, home decor, or kitchenware. “Your Products” or “User Products” refers to Products You create by using our Service. 
6. “Providers” refers to the organizations and companies that Printify partners within the scope of its Service to offer Products to You.
7. “Stores” refers to the other websites and platforms that You use to sell Your Products, including but not limited to Shopify, Woocommerce, and Etsy.
8. “Us” and “We” refers to Printify, Inc., as well as our affiliates, directors, subsidiaries, contractors, licensors, officers, agents, and employees
9. “User,” “You,” “Your” refers to the individual person, company, or organization that has visited or is using the Website or Service; that accesses or uses any part of the account; or that directs the use of the account in the performance of its functions.
10. “Website” refers to Printify’s website located at printify.com, and all Content, Services and products provided by Printify at or through the Website. It also refers to Printify-owned subdomains of printify.com, such as app.printify.com. These Terms also apply to printifyapp.com and all subdomains of printifyapp.com such as app.printifyapp.com. These terms also govern the use of Printify plugins (for example, those available in the Shopify App store, and on Woocommerce and Etsy). Occasionally, Printify plugin pages and websites owned by Printify may provide additional or different terms of service. If those additional terms conflict with this IPP, the terms in the additional terms with regard to the matter in conflict shall apply.

B. General

When You use Our Services and Content, You are agreeing to:

• This Intellectual Property Policy
• Our Privacy Policy
• Our Terms of Service
• Any other terms or policies we reference in any of the above.

The Agreement, except as it may be supplemented by additional terms and conditions, policies, guidelines or standards, is a binding agreement between Printify and You pertaining to Your use of the Services, and supersedes any and all prior oral or written understandings or agreements between Printify and You.

If any provision of this IPP is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.

Questions about this Intellectual Property Policy? Contact us.

C. When Does This IPP Apply?

By using the Service, You are agreeing, on behalf of Yourself and those You represent, to comply with and be legally bound by this Agreement and all applicable laws. If You do not agree with any provision of this IPP, You must discontinue Your use of the Service, discontinue the registration process (to the extent You have started it), and, if You are already registered, delete Your account.

D. Can This IPP Be Modified?

Printify reserves the right to revise this IPP from time to time and the most current version will always be posted on our Website. If a revision, in our sole discretion, is material we will notify You. The “Last Updated” date at the top of this IPP reflects the date of the last modification. Your use of the Service following the effective date of any modifications to this IPP will constitute your acceptance of such revised IPP. If You do not agree to the new terms, You should stop using the Service and delete Your account.

E. What Are You Agreeing to Under This IPP?

1. Printify respects the intellectual property rights of others. Users must as well. We prohibit any use of our Service that infringes the intellectual property rights of others, including by producing or selling infringing or counterfeit goods.
2. By uploading Content on the Service, You represent and warrant that:
   1. You either own the Content posted by You on or through the Service or that You otherwise have the legal right and authority to use the Content; 
   2. the posting and use of the Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; 
   3. You agree to pay for all royalties, fees, and any other monies owed through use of the  Content on the Service; and 
   4. You have the legal right and capacity to enter into this Agreement.
3. By using Printify’s Services, i.e. accessing the Website and using any of its features (internal or integrated ones), You further agree to refrain from using any elements on, or to create, Products, including in AI-generated Content, that infringe the intellectual property rights of others or that contain any prohibited content.
4. If You are unsure about your rights regarding the usage of the Content, You must refrain from uploading the Content to Printify.

More information can be found at the U.S. Copyright Office and the U.S. Patent and Trademark Office, and the European Union Intellectual Property Office. This is not an exhaustive list of available resources, be sure to consult your legal counsel on further information and/or suggested resources.

F. How Does Printify Handle Infringing Content?

1. Printify does not tolerate infringement and reserves the right to remove, at our discretion, any Content that may infringe the intellectual property rights of others.  
2. Printify allows Users to upload Content to our platform to create User Products to sell. Subject to the terms outlined in the Printify Terms of Service, You alone are responsible for Content that you upload.  Further, by uploading Content, You represent and warrant that the Content is owned by You or that You have valid authorization to post it. Despite Your representation and warranty, We retain the right, at our sole discretion, to reject the production of User Products that contain Content that we have reason to believe may be infringing the intellectual property rights of others.
3. It is Printify’s practice to suspend accounts that violate the Agreement, including accounts for which we receive notices of infringement.  Accounts for which Printify receives multiple notices of infringement will be subject to account-level action under Printify’s repeat infringers policy, up to and including immediate and permanent suspension of the account. New accounts found to be owned or operated by anyone who previously operated a suspended account will be disabled immediately. Printify will take these actions in appropriate circumstances and at our discretion.

G. How Can You Report Infringement?

1. If You notice infringement of Your copyrights or other intellectual property rights on Printify, You can notify Us as follows. Please note that Printify cannot provide You with legal advice or representation, and We recommend that You speak with a licensed attorney in Your jurisdiction if You are seeking legal advice. 
2. We are happy to support you in your efforts to protect your intellectual property. Printify utilizes AI-based tools to do so. In light of this if You are a IP rights holder, brand owner, their authorized representative and You would like Printify to include your intellectual property assets, such as but not limited to, brand logo, product images, trademarked word phrases and other assets, into our system, complete this Brand Registry Request Form. This would allow Printify to add respective brand IP assets to our AI based image matching software that stops certain images from being uploaded to our platform. While not 100% accurate, it would likely help identify and stop instances where other parties are misusing your rights in an infringing manner.

G1. Reporting Copyright Infringement

Printify respects the copyrights of others.  

If You are a copyright holder or are authorized to act on behalf of one, You may report alleged copyright infringements on the Service by completing the Digital Millennium Copyright Act (“DMCA”) Notice of Alleged Infringement (the “DMCA Notice”). In accordance with the Digital Millennium Copyright Act, which You can find on the US Copyright Office website, We will respond as quickly as we can to claims of suspected copyright infringement that are reported via our DMCA Notice of Alleged Infringement or to [email protected].

Upon receipt of Your DMCA Notice, We will (i) remove the potentially IP infringing Content from the Website, (ii) notify the User responsible for uploading the corresponding Content, (iii) will provide the User with an opportunity to respond, and (iv) notify You on what action We took. We will take whatever additional action we deem appropriate, which may ultimately include suspending the User. Please note that it may take up to 10 business days to process, review, and act on Your request.

G2. Reporting Trademark Infringement

Printify respects the trademark rights of others. 

If You are a trademark holder or are authorized to act on behalf of one, You may report alleged trademark infringements on our Website by completing our Trademark Violation Form. We will review Your complaint and take whatever action We deem appropriate, which may include temporary or permanent removal of the Content in question.

Accounts with usernames, brand names, or any other Content that may mislead or violate another’s trademark or any other IP assets included in the Printify Brand Registry, must be revised or, alternatively, may be permanently suspended. 

H. What Can You Do If Content Uploaded By You Was Removed from Printify?

If You received a notification that Content uploaded by You has been removed as a result of an intellectual property violation, it means that (i) IP rights owner or their authorized representative in respect to the Content submitted a valid notice and requested that We remove the Content, or (ii) the Content was flagged by Printify’s internal processes and systems as potentially IP infringing. 

If You want us to forward the information from the intellectual property complaint notification, email us at [email protected] to let us know. Please note that We may remove some personal contact information from the original complaint.

If Content uploaded by You is the subject of repeated intellectual property complaints, We may disable Your account altogether, pursuant to Printify’s repeat infringers policy (provided in Section F above).

Separate from any intellectual property complaint, Printify reserves the right to remove, at its discretion, Content that may infringe the intellectual property rights of others.

If You think We made a mistake by removing Content uploaded by You (either at our discretion or pursuant to an intellectual property complaint), you can contact us pursuant to the procedures set forth below.

H1. Response to a DMCA Notice

For any DMCA notices concerning intellectual property rights (primarily, but not necessarily limited to, copyrights), You can file a counter-notice with Us, by following the directions and requirements below. When We get a counter-notice that includes all of the information required and clearly establishes the right to use the subject intellectual property, We will remove the complaint from Your account’s record and undo any other action taken by Us.

Note: There are legal and financial consequences for fraudulent or bad faith counter-notices. Before submitting a counter-notice, make sure You have a good faith belief that We removed Content uploaded by You in error, and that You understand the repercussions of submitting a false claim. If Printify is the subject of a legal cause of action on account of your false claim, You will be added to the claim and Printify will not be liable for such false claim. In addition, Printify may at its sole discretion delete Your account and refuse future service, which includes canceling any Orders that are active at the time, with no refund to you.

To submit Your counter-notice, email us at [email protected] and include all of the following information:

• Your name, address and phone number.
• The DMCA ID found at the bottom of the notification email You received from us.
• The web address of the Content We removed (copy and paste the link from the notification email).
• A statement under penalty of perjury that You have a good faith belief that Content uploaded by You was removed in error.
• A statement that You consent to the jurisdiction of Federal District Court for the judicial district in which your address is located or, if Your address is outside of the United States, for any judicial district in which Printify may be found, and that You agree to accept service of process from the entity who provided the original complaint.
• A physical or electronic signature (for example, by typing Your full name).
• Any additional information you have showing that You own or are otherwise entitled to use the Content at issue.

H2. Response to Trademark Notice

If You received a trademark complaint notification from Us, You can contest it by emailing [email protected] and letting Us know why You think the complaint is invalid. Please include the trademark complaint reference number from the notification. If You want Us to forward the info from the trademark complaint notification, let Us know and We’ll be glad to send it along, although We may remove personal information.

H3. Response to Printify Removing Your Content

In case Your Content has been removed by Us for any other reason than DMCA and/or Trademark notice, you can submit an appeal through the Website, by providing further information, including any documentation if applicable, on Your Content and why it should not be considered as infringing intellectual property rights. 

Notwithstanding the above, Printify reserves the right to deny Your appeal in respect to Your Content if Printify has reasonable belief that the information provided by You is not sufficient to confirm Your right to use the potentially infringing Content.