Printify, Inc.
108 West 13th Street,
Wilmington, Delaware 19801
Last updated: September 23, 2024
Before signing up for the Dropp*d Services please read these terms and conditions (“Terms”) carefully. These Terms govern Your use of the Dropp*d Services (“Services”). You confirm your agreement to these Terms by registering for the Services and/or upon your registration for the Services, at which point this document becomes a legally binding contract between You and Printify.
Dropp*d is a Printify Service operated by Printify, Inc. and/or our affiliated legal entities, subsidiaries (including but not limited to Printify Development SIA), directors, contractors, licensors, officers, agents, and employees. Printify reserves the right to and may provide the Services to you through various Printify legal entities depending on multiple factors, such as, but not limited to Print Provider’s location, Your location, the region in which the transaction takes place, and others. The Services provide Users with an exclusive online platform to create and sell custom merchandise, apparel, and other products (collectively “Merchandise” or “Products”) and buyers with the ability to find and purchase Merchandise.
Printify policies, including the Printify Terms of Service, Printify Intellectual Property Policy, and Printify Privacy Policy apply to these Terms. Printify policies apply to You even if you are not a Merchant.
The words of which the initial letter is capitalized have meanings defined under the following Terms. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
A. Definitions
- “User,” “You,” and “Your” refers to the individual person, company, or organization, including Your authorized representative, that has visited or is using the Services; that accesses or uses any part of the account; or that directs the use of the account in the performance of its functions.
- “Merchant” refers to an individual person, company, or organization using Printify services.
- “Us” and/or “We” and/or “Printify” refers to Printify, Inc., as well as our affiliated legal entities, subsidiaries (including, but not limited to, Printify Development SIA), directors, contractors, licensors, officers, agents, and employees. Printify reserves the right to and may provide Services to you through various Printify legal entities depending on multiple factors, such as, but not limited to Print Provider’s location, your location, region in which the transaction takes place and others.
- “Services” refers to the services offered by Printify under the Dropp*d Services providing Users with an exclusive online platform to create and sell custom Products and buyers with the ability to find and purchase the Products (as defined in the Sign Up Form).
- “Listing” refers to the presentation of Your Products made available through the Services.
- “Sign Up Form” refers to the online form used to enroll You to the Services.
- “Design Services” refers to the additional design services offered by Printify under the Printify Dropp*d Services. In addition to the Services described in these Terms, You may also use the Printify Dropp*d Design Services as defined in the Printify Dropp*d Design Services T&Cs (available at: https://printify.com/droppd-design-services-terms-and-conditions/) and provided on an individual basis based on the Sign Up Form as completed by You.
- Any term not defined herein shall have the same meaning as defined in the Printify Terms of Service (available at: https://printify.com/terms-of-service/).
B. General
- You are responsible for complying with all policies, guidelines, and instructions provided by Printify. By registering for and using the Services, You agree to the Terms without modification and enter into a binding agreement with Printify.
- You are responsible for Your own actions and behavior while using the Services, and any content You share or contribute to the Services. Content shared should be appropriate, respectful, and in compliance with applicable laws and regulations, copyrights, intellectual property rights, and the Terms (“User Content”). You retain any intellectual or other proprietary rights that You may contribute to the Services as part of your User Content.
- Termination. The initial term of the Services provided under these Terms is six (6) months, commencing from the date of enrollment as indicated when You sign up for the Services (“Initial Term”). After the Initial Term, either party to these Terms may cancel Your enrollment in the Services by providing thirty (30) days written notice to the other party. Any cancellation made in accordance with this clause will take effect at the end of the thirty (30) day notice period, during which time all Services will continue as normal. If no notice of cancellation is provided, the Services will continue on a rolling monthly basis under these same Terms. Printify reserves the right to terminate, suspend, or limit Your enrollment in the Services at Printify’s sole discretion, at any time, for any reason, including, but not limited to: (1) violation of these Terms; (2) misuse of Services; (3) legal requirement. Upon termination, any rights or obligations that, by their nature, should survive termination (including but not limited to payment obligations and indemnity provisions) will remain in effect. Termination of Your enrollment to these Services shall also terminate your enrollment to the Design Services, where applicable.
- Printify reserves the right to revise the Terms from time to time and the most current version will always be posted online. If a revision, in our sole discretion, is material we will notify You. The “Last Updated” date at the top of these Terms reflects the date of the last modification. Your use of the Service following the effective date of any modifications to the Terms will constitute your acceptance of such modification. If You do not agree to the new Terms, You should stop using the Service and cancel Your account. During the Initial Term You may terminate Your use of the Services within fifteen (15) days of the new Terms taking effect.
- Exclusivity. During the term of your enrollment in the Services, You agree to not engage in, use, or subscribe to any similar services offered by other providers that directly compete with the Services provided under these Terms. This includes, but is not limited to, listing or selling the same Product categories through any other platform, marketplace, or service provider. You further agree that all sales and distribution of such Products, including, but not limited to those containing designs created as part of the Prinitify Dropp*d Design Services, will be exclusively conducted through the Services for the duration of your enrollment in the Services. Any breach of this exclusivity provision may result in immediate termination of your enrollment to the Services and the Design Services, and may give rise to further legal action.
- You understand and acknowledge that Printify is not liable for any damages, losses, or injuries incurred during or as a result of the Services. You engage in these Services at Your own risk. In no event shall Printify, its officers, directors, agents, affiliates, employees, advertisers, or providers be liable for any indirect, incidental, consequential, or punitive damages, including but not limited to loss of use, loss of profits, or loss of data You may incur as a result of participating in the Services. No part of the Services is intended as professional or legal advice. You are encouraged to seek professional advice relevant to your particular circumstances before making any decisions or taking any actions based on the information contained herein. Printify makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the content contained in the Services. Any reliance you place on such information is strictly at your own risk. Always consult with a qualified professional or legal advisor regarding specific questions or concerns you may have.
- You agree to indemnify and hold Printify and its parent, subsidiaries, affiliates, partners, and providers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms, or Your violation of any law or the rights of a third party.
- Printify reserves the right to revise the Terms as necessary at the sole discretion of Printify and the most current version will always be posted on Printify’s website or directly communicated to You. Your receipt or use of the Services after any such revision will be considered Your acceptance of such revised Terms. The “Last Updated” date at the top of the Terms reflects the date of the last modification. By registering for the Services, You agree to the latest version of the Terms.
- You acknowledge and agree that Services may be hosted or provided through or by a third-party which is not operated or controlled by Printify. By accessing or participating in any activities as part of the Services, You agree to comply with all applicable terms, conditions, and policies of such a third-party in addition to these Terms.
- Printify is not responsible for the operation, content, privacy practices, or any other aspect of any third-party platform. Any issues arising from the use of a third-party platform should be directed to the respective third-party provider. Printify disclaims any liability for any actions, losses, or damages arising out of or related to the use of a third-Party platform.
- You are responsible for maintaining the security of Your own devices, accounts, and login credentials used to access the Services on the Platform hosted by Printify or any third-party provider for the purposes of the Services. Sharing login credentials or providing unauthorized access to third parties is prohibited. You must not transmit any viruses or any code of a destructive nature.
- These Terms and the underlying agreement between the Parties are exclusively governed by and construed in accordance with the laws of the state of Delaware, U.S.A., without giving effect to such state’s choice-of-law rules that may require the application of the laws of another jurisdiction. Each party, acting for itself and its successors and assigns, hereby expressly and irrevocably consents that any disputes, controversies, or claims arising out of or in connection with this agreement, or the breach thereof, shall be finally settled subject to the claimant’s choice either by arbitration administered by the International Centre for Dispute Resolution in accordance with its International Arbitration Rules, such arbitration shall be seated the in New York, or by the courts of Delaware, as well as the United States District Court for the District of Delaware.
- EXCEPT AS MAY BE EXPRESSLY SET FORTH IN THIS SECTION B, PRINTIFY HEREBY EXPRESSLY DISCLAIMS, ANY AND ALL REPRESENTATIONS AND OR WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, IN CONNECTION WITH THIS AGREEMENT AND THE SUBJECT MATTER HEREOF, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, AND ANY AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
- It is forbidden to conduct any Illicit Activity against Printify or any third party, including when using Printify Service. “Illicit Activity” shall mean any intentional act or omission, including, but not limited to, deception, misrepresentation, or concealment of material facts, committed by a party with the purpose of obtaining an unjust advantage, causing harm or loss to another party, or securing money, property, services, or other benefits, or otherwise contrary to applicable laws and regulations. Illicit Activity may encompass various acts or omissions, such as:
- defrauding others of money or services, which involves, but is not limited to, obtaining money or services through false pretenses, manipulation, or false promises;
- forgery, which includes, but is not limited to, creating, altering, or using false documents, signatures, stolen or forged payment instruments or other items with the intent to deceive or defraud;
- fraudulent misrepresentation, which includes, but is not limited to, making false statements or omitting material facts, knowing it to be false or misleading, with the intent to induce another party to rely on such statements or omissions to their detriment;
- engaging in, facilitating or permitting any activity, directly or indirectly, that involves money laundering, proliferation or terrorism financing, circumvention of any sanctions applicable under national or international sanction regimes;
- any other acts or practices that are considered unlawful under applicable laws and regulations.
- Printify is at all times entitled to request any documents, information, or other materials reasonably necessary, including “Know Your Client” documentation, as well as conduct an interview to verify and ensure compliance of Printify Terms. Printify is at all times entitled at its sole discretion to suspend the provision of Printify Service entirely or in part, as well as withhold any sums payable by Printify to You if it reasonably believes that you have committed an Illicit Activity or otherwise breached the Terms.
- You must be at least 18 years old.
- You may not use the Services or any information gained from it for any illegal or unauthorized use.
- If any provision of these Terms of Service are held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
C. Services
- The Services provided, their scope, and cost are as outlined in Your Sign Up Form.
- Printify will act as the seller for the Products. The determination of price, availability, accessibility, distribution, and sales terms for the Products rests solely with Printify. We are authorized to handle payments, manage refund inquiries, and customer support. All sales, data associated with such sales, including customer data, shall be in Our sole ownership and control.
- For the purpose of implementing and fulfilling Your Listing and for the purpose of advertising the Services, You hereby grant Printify a nonexclusive, worldwide, fully paid up, transferable, sublicensable license under Your intellectual property rights to copy, display, distribute, modify the content You share with Printify (including all related images, text, content, and information).
- For orders placed by the Customers, You will receive a royalty payment, which shall be calculated on the basis of the difference between the sale price and applied costs, which include production costs, returns (including reprints and refunds), any applicable tax, Printify markup and any other applicable costs (“Royalty”). You will be responsible for setting the final price that will be charged to the End-Customers for each Product. Your Royalty will be calculated based on the conditions set in the Sign Up Form. Shipping costs and applicable taxes shall be applied on top of the final price of the Products. The Royalty payment shall be due in the next calendar month following the sale (day determined at sole discretion of Printify), provided that it shall be due only for sales for which we have received final payment from the Customers (when the payment is in our account). Royalty payment shall not become due in relation to sales, which have been refunded, disputed or otherwise do not result in gross profit for Printify or where Printify acting reasonably considers that the sale may be subject to a refund, dispute or otherwise not result in gross profit for Printify.
- Printify may charge a sales tax on top of Your Listing price shall it be required under the applicable law. Printify shall deduct the applicable taxes from any sums payable to You by Printify. You are solely and fully responsible for payment of any additional income or other taxes applicable in your jurisdiction to the income You earn through the Services. You are fully responsible to be aware of and to exercise any rights under any tax treaties existing between Your jurisdiction and United States and/or any other Printify jurisdiction, if applicable. You may be required to provide additional information to Printify as needed by Printify to comply with its reporting obligations and Printify shall be entitled to withhold payment until such information is provided.
- You are solely and fully responsible for payment of any income taxes applicable to the amounts You earn through Printify may charge a sales tax on top of Your Listing price shall it be required under the applicable law. Printify shall deduct the applicable taxes from any sums payable to You by Printify. You are solely and fully responsible for payment of any additional income or other taxes applicable in your jurisdiction to the income You earn through the Printify Service. You are fully responsible to be aware of and to exercise any rights under any tax treaties existing between Your jurisdiction and the United States. You may be required to provide additional information to Printify as needed by Printify to comply with its reporting obligations and Printify shall be entitled to withhold payment until such information is provided.
- By Your Listing being available by using the Services, You represent and warrant that You own or are the licensee of all trademark rights, copyrights, rights of publicity, and other intellectual property or proprietary rights necessary to create and implement the Listing, including any rights relating to the name, description, images, text, or URL used for the Listing. You will provide Printify with evidence of Your IP Rights shall it be requested by Printify. You and only You are liable for any third-party claims in relation to alleged violation of any third party intellectual property rights.
D. Payment
- You will be issued an invoice of the Listing Fee for the Services as stated in Your Sign Up Form following the Sign Up Form’s completion (“Invoice”). The Invoice will be sent to the email address you have provided in Your Sign Up Form. The Invoice must be paid by you within seven (7) days of being issued (“Payment”).
- Providing of the Services shall only commence after Printify has received the Payment in full. If Payment is not made within seven (7) days of the Invoice being issued by Printify, Your enrollment to the Services will be canceled.
- Upon issuance of the Invoice Printify will calculate taxes based on Your indicated place of residence.
E. Privacy Policy
- These Terms govern the collection, use, and disclosure of personal information of You using the Service. By registering for the Service, You acknowledge that You have read, understood, and agreed to the Privacy Policy of the Terms.
- Any content You share or create in connection with the Service or any information You share with Printify or other Users during the Service or any post-course surveys or feedback is not considered to be confidential.
- Printify may collect personal information from You (“Personal Data”), including but not limited to:
- Name, contact information (e.g., email address, phone number), and professional information (e.g., job title, company name) provided during registration.
- Information shared during the Service, such as questions, comments, or survey responses.
- Technical information is automatically collected, including but not limited to IP address, device information, and browser type.
- Personal Data may be used for the following promotional purposes, including but not limited to:
- Communicate with Users about the Service, including updates, schedule changes, or important announcements.
- Organize and facilitate the Service.
- Provide access to any materials related to the Service.
- Personalize the Service experience, including tailoring content or recommendations based on Your preferences.
- Improve the Service, Printify services, and understand Your needs and interests.
- Conduct surveys, evaluations, or research related to the Service.
- Comply with legal obligations or to protect Printify’s rights and interests.
- Send promotional offers, newsletters, or marketing communications.
- Personalize Printify’s content, recommendations, or advertisements.
- Conduct market research, analytics, and statistical analysis.
- Improve Printify’s products, services, and website functionality.
- Any other legitimate promotional purposes of Printify’s products and services.
- Printify may share Personal Data with:
- Printify’s employees, agents, consultants, and other affiliates, including Printify Development SIA.
- Third-party service providers who assist Printify in organizing the Service.
- Printify’s business partners or affiliates for joint marketing or promotional activities, with consent from Participants where required by law.
- Law enforcement agencies, regulatory authorities, or other third parties when necessary to comply with legal obligations, enforce rights of Printify, or protect the rights, property, or safety of individuals or others.
- Affiliates of the Service Affiliate Program if the Participant has signed up using a custom coupon code from an affiliate.
- Personal Data may be shared in aggregated or anonymized form for statistical analysis, marketing, or promotional purposes.
- You have the right to:
- Access Your Personal Data and request information about its usage.
- Rectify any inaccurate or incomplete Personal Data.
- Object to the Personal Data usage for promotional purposes.
- Ask Printify for supplementary information about:
i. The categories of Personal Data Printify is processing;
ii. The purposes of Personal Data processing;
iii.The categories of third parties to whom the Personal Data may be disclosed;
iv. How long the Personal Data will be stored for (or the criteria used to determine that timeframe); - You can exercise these rights at any time by sending Printify an email to [email protected].
- Printify may use cookies and similar technologies to collect information and enhance Your experience. By registering for or using any Service, You consent to the use of cookies in accordance with the Printify’s Privacy Policy and Cookie Policy available on the Printify’s website: https://printify.com/privacy-policy/.
- Personal Data will be retained only for as long as necessary to fulfill the purposes outlined in these Terms unless a longer retention period is required or permitted by law. The criteria used to determine the retention period include the nature of the Personal Data, the purpose for which it was collected, legal obligations, and our business needs.