Printify Experts Program
Terms of Service
Welcome to the Printify Experts Program (the “Program”), a place where Printify users can connect with professional, freelancers, agencies, or other businesses chosen by Printify (the “Experts”) and acquire services of these Experts to develop or improve user products (the “Services”). The Program is operated by Printify, Inc. and its subsidiaries (collectively, “Printify”).
The Terms are a legally binding contract between Printify and you (either as a Printify User or Expert). Capitalized terms not defined herein shall have the same meaning as defined in the Printify Terms of Service.
Summary: Printify helps facilitate a connection between experts and users, and does not regulate the relationship between the two parties.
- The Program allows Users to connect with the Experts with the goal to improve the User’s Product, their advertising, sales, or other aspects of the User’s business, by obtaining Services of the Experts. The Purpose of the Program is to help in communication between Experts who wish to provide Services and Users who wish to acquire Services. The Program does not regulate relations between Users and Experts and once the initial communication is made through the Program, Experts and Users shall connect directly and independently agree on terms under which Experts provide services to Users, including but not limited to pricing, payment terms, intellectual property, commissions, dispute resolution, and any deadlines.
- Printify does not itself provide any Services and is not responsible or liable for any Services provided by Experts.
- The program is not an employment of a matching agency and does not provide or refer employment or engagements for any Expert.
B. Participating in the Program
Summary: To participate in the Printify Experts Program, you must agree to these Terms of Service. You must provide fair and accurate information about yourself.
- Terms applicable to Experts:
a. In order to participate in the Program as an Expert, you must register with the Program and agree with Printify on participation in it. As an Expert, you acknowledge that you have read, understand, and agree to the Terms.
b. If you are an individual, you are older than (i) 18 years, or (ii) at least the age of majority in the jurisdiction where you reside and from where you carry out Expert activities. You confirm that you are participating in the Program as a business activity.
c. Once your participation as an Expert is confirmed, Users will be able to access the contact information provided by you and published on the Program website.
d. As an Expert, you will offer and render services to the Users only in connection with the Users’ products or services rendered or developed via, or connected with, the Printify platform. As an Expert you may not offer services to Users in connection with Users’ businesses outside of Printify.
e. Printify shall have sole discretion to judge the eligibility of Experts for participation in the Program. Printify shall have unilateral rights to accept, decline, suspend, limit, or terminate any Expert’s participation in the Program. Printify shall not be required or obligated to provide any explanation regarding any of its actions or decisions. Printify does not in any way guarantee participation in the Program for any guaranteed minimum time period.
f. Expert representation and warranties:
- Any and all information provided by you to Printify is true, accurate and up-to-date.
- Any content you post is owned by you or you have authorization from the content owner to post it. You shall be solely liable for any damages resulting from any infringement of copyrights, trademarks or other intellectual property rights, or any other harm resulting from your actions or omissions.
- Any information provided by you shall accurately describe your professional abilities.
g. You acknowledge that Printify may from time to time modify these Printify Expert Program Terms of Service.
h. By participating in the Program, you grant Printify a non-exclusive, transferable, sublicensable, royalty-free, and worldwide license to use, store, display, reproduce, save, modify, create derivative works, perform and distribute information provided by you solely for the purpose of operating, developing, and promoting the Printify Service and the Program. Printify may use your information in Printify’s promotions and marketing materials (website, emails, videos, etc.).
i. You agree that information you provide for participation in the Program may be published and accessible to Users.
j. You operate and abide by fair business practices and shall deal with Users in a fair, honest, and appropriate manner. Any information presented on your Expert profile (including, but not limited to previous work and experience) should be accurate and should honestly reflect your abilities to perform services for hire.
k. You are liable for payment of any applicable taxes. Printify shall not be liable for any reporting or tax payment obligation in connection with Services provided by you.
l. In any public communication you shall not implicitly or explicitly claim or create an impression that you work for or are an employee of Printify.
m. To the best of your abilities you shall reinforce the positive perception of the Printify brand.
n. The order of presentation of the Expert profiles on the Printify website is Printify’s sole and absolute discretion. Any ranking shall be determined by parameters, solely by Printify. Order may be influenced by the number of previous assignments and feedback from Users.
o. You consent to receiving information from Printify regarding participation in the Program. Furthermore, you consent to being contacted by Users.
2. Terms applicable to Users:
a. You understand, agree and acknowledge that Printify does not employ or supervise Experts and in no way guarantees performance or quality of the Services. Before proceeding to agreeing with Experts regarding their services, you shall carry out whatever research you think is necessary to find the Expert that is most suitable to you.
b. As a User you acknowledge that you will use Expert Services only in connection with products you develop or services that you render via the Printify platform and/or services offered by or in cooperation with Printify. As a User you may not use Expert services in connection with your business outside of Printify.
c. Printify is not liable for the truthfulness and validity of information presented by any Expert. Printify does not have an obligation to verify any information provided by an Expert.
3. Printify shall have sole discretion to judge the eligibility of Users and Experts for participation in the Program. Printify shall have unilateral rights to accept, decline, suspend, limit, or terminate any User’s or Expert’s participation in the Program. Printify shall not be required or obligated to provide any explanation regarding any of its actions or decisions. Printify does not in any way guarantee participation in the Program for any guaranteed minimum time period. Common reasons for expulsion of Experts or Users from the Program include (but are not limited to): bad service, negative feedback, delays in communication, popularization of services other than Printify’s, or breach of applicable terms of service.
4. Printify is not a party to any agreement, arrangement, or transaction between an Expert and a User. Any payments for the Services shall be made directly to the Expert without Printify involvement. Printify does not take responsibility, in any way or manner, for the quality of the Services provided to any User by any of the Experts.
5. You shall not use the Program to engage in any illegal activity.
6. Printify shall not be involved in any disputes between Users and Experts, instead they should be resolved exclusively between the User and the Expert. Any arrangements are made and carried out at your own risk.
8. Printify will enable both Users and Experts to leave feedback regarding the Program and Services provided by Expert. Printify shall have sole and absolute discretion to remove any feedback without further explanation. Reasons for removal include, but are not limited to obscenity, rudeness, spam, harassment, threats, abuse, racism, fraud, criminal activity, etc. Printify may enable Experts and Users to provide feedback about their interactions in connection with the Program.
9. Printify reserves the right to contact Users and Experts and inquire of them about the quality of Services and their experience as participants in the Program; furthermore, Printify reserves the right to collect information from Experts and Users about rendered and received Services. Users and Experts agree to give true and accurate information to Printify regarding Services.
10. In rendering Services, Experts shall abide by all applicable laws, including personal data protection laws and General Data Protection Regulations in particular.
C. Limitations of Liability
Summary: We are not responsible for any losses incurred as a result of participating in the Experts Program. We are not responsible if you break any laws or this agreement and are sued as a result. Please read this section carefully; it limits our obligation and responsibilities.
1. Limitation of liability: IN NO EVENT SHALL PRINTIFY, ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, ADVERTISES, 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, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY, OR OTHERWISE, OR FOR DAMAGES IN THE AGGREGATE EXCEEDING THE AMOUNT OF THE FEES PAID AND PAYABLE BY YOU TO PRINTIFY OR $100.00 (WHICHEVER IS MORE), ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
2. Warranty disclaimer: YOUR PARTICIPATION IN THE PROGRAM, EITHER AS USER OR EXPERT, SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, PRINTIFY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AFFILIATES, EMPLOYEES, ADVERTISES, OR PROVIDERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, AND ASSUME NO RESPONSIBILITY IN CONNECTION WITH THE SERVICES. PRINTIFY SHALL NOT BE IN ANY WAY RESPONSIBLE FOR THE CONDUCT OF EXPERTS OR USERS.
Summary: You agree to indemnify and hold Printify harmless from any claims or demands made by the User.
You agree to indemnify and hold Printify (and its officers, employees, and agents) harmless, including reasonable costs and attorneys’ fees, from any claim or demand made by any User, Expert, or third party due to or arising out of (i) your use of the Program, (ii) your interaction with any other Expert or User, or (iii) your violation of the Terms or any applicable laws. Printify reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Printify, and you agree to cooperate with Prinitfy’s defense of these claims. You agree not to settle any matter without the prior written consent of Printify. Printify will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it
E. Printify Image and Name
Summary: The Printify name, visual assets, scripts, and service names are proprietary and are protected by intellectual property law.
Printify, Printify.com, and other Printify graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, or trade dress of Printify, that may not be used without the prior written consent of Printify. The images and icons available in the Printify brand and press kit may be used by Experts and Users as long as the appropriate links to the Printify Website are included. Printify reserves the right to request removal of your use of the images and icons at any time.
F. Modifying These Terms
Summary: We reserve the right to modify these Printify Experts Program Terms of Service. If we deem changes to be material, you will be notified.
Printify reserves the right to revise these Printify Experts Program Terms of Service from time to time and the most current version will always be posted on the Printify website. If a revision, in Printify’s sole discretion, is material Printify will notify you. Use of the Services following the effective date of any modifications to the Printify Experts Program Terms of Service will constitute acceptance of such modification. If you do not agree to the Printify Experts Program Terms of Service, you should stop using the Service.
G. Disputes and Governing Law
Summary: All disputes between experts and/ or users, on the one side, and Printify, on the other, must be first settled through negotiations. If this is not possible, then you must endeavor to settle disputes through mediation. As a last resort, disputes and claims will be resolved in accordance with, and be governed by, the laws of the State of Delaware.
1. If a dispute arises between you as an Expert and/or User from one side, and Printify on the other side, and which relates to these Printify Experts Program Terms of Service, you agree to first contact Printify Merchant Support to attempt to resolve the issue. If the dispute cannot be settled through direct discussions, Printify and you agree to endeavor first to settle the dispute by mediation administered by the American Arbitration Association, under its Commercial Mediation Procedures, before resorting to arbitration. The parties further agree that any unresolved controversy or claim arising out of or relating to the Printify Experts Program Terms of Service shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
2. To the extent any claim, dispute or controversy regarding Printify is not arbitrable under applicable laws or otherwise, you and Printify both agree that any claim or dispute regarding Printify will be resolved in accordance with and be governed by the laws of the State of Delaware, without respect to its conflict of laws principles. You agree to submit to the personal jurisdiction of the United States District Court for the District of Delaware, for any actions not subject to Arbitration as outlined above.
Summary: These terms supersede any prior agreements between you and Printify. Nothing in these Terms of Service represents an exclusive agreement between you and Printify.
1. If any term, provision, covenant or condition of these Printify Experts Program Terms of Service is held invalid or unenforceable for any reason, the you and Printify agree that such invalidity shall not affect the validity of the remaining provisions of these Printify Experts Program Terms of Service and further agree to substitute for such invalid or unenforceable provision a valid and enforceable provision of similar intent and economic effect.
2. The Terms form the entire agreement between you and Printify superseding any prior agreements between you and Printify with respect to the Program.
3. Nothing in these Printify Experts Program Terms of Service is intended to create, nor will it be construed as creating, any exclusive arrangement between Printify and you. These Printify Experts Program Terms of Service will not restrict either you or Printify from entering into similar arrangements with others, provided it does not breach its obligations under these Printify Experts Program Terms of Service.
4. The Experts and Printify are independent contractors. Printify is not an agent, representative or related entity of the Expert. Neither Printify nor the Expert will have any right, power or authority to enter into any agreement for, or on behalf of, or incur any obligation or liability of, or otherwise bind, the other one, except where the Expert expressly authorizes Printify to act on its behalf in these Printify Experts Program Terms of Service.