Terms of Service of Printify Pop-Up for Printify Merchants

INTERPRETATION AND DEFINITIONS

Printify’s service (the “Printify Service” ) at printify.me is 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 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. The Printify Service provides merchants with the ability to create and sell custom merchandise, apparel, and other products (collectively “Merchandise” or “Products”) and buyers with the ability to find and purchase high-quality, unique Merchandise. All visitors to the Printify Service, Creators, and buyers are referred to herein as “You”.

We offer the Printify Service subject to the following terms: Terms of Service of Printify Pop-Up for Printify Merchants (these Terms of Service), Printify General Terms of Service, Intellectual Property Policy and Privacy Policies (together referred to as “Printify Terms”). In case of controversy or discrepancies, these Terms of Service shall prevail over Printify General Terms of Service. If You do not agree to Printify Terms, You are not authorized to use the Printify Service.

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions definitions stipulated in the Printify General Terms of Service shall be applicable unless stated otherwise herein.

LISTING OF PRODUCTS ON PRINTIFY SERVICE

Intellectual Property Rights

By creating a listing of Products via the Printify Service, You represent and warrant that You own or are the licensee of all trademark rights, copyrights, rights of publicity and other intellectual property or other proprietary rights necessary to create and implement the listing (“IP Rights”), 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.

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, managing 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 Printify Service, You hereby grant Prinitfy a nonexclusive, worldwide, fully paid up, transferable, sublicensable license under Your IP Rights to copy, display, distribute, modify the content You upload to the Printify Service (including all related images, text, content and information).

Indemnity

To the extent any listing launched by You violates or is alleged to violate any Printify terms, in addition to any other remedies, You agree to indemnify and hold Printify harmless from any and all liabilities, losses, damages and expenses arising out of Your violation or any alleged violation of Printify terms and/or policies.

Listing Quality

Each listing must meet reasonable production standards. All of Your advertisements or promotional descriptions, including content that is uploaded to the Printify Service, must be accurate and correct and must not include any content concerning non-Printify activities, events, products, services or promotions.

Pricing

For orders placed by the End-Users, 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 your Royalty that will be included in the final price that will be charged to the End-Users for each Product. Shipping costs and applicable taxes shall be applied on top of the final price. 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 End-User’s (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 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.

Taxes

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.

Illicit Activities

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: (a) defrauding others of money or services, which involves, but is not limited to, obtaining money or services through false pretenses, manipulation, or false promises; (b) 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; (c) 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; (d) 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. (e) 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 Printify Terms.