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Printify Pop-Up Stores Terms of Service

Printify, Inc.
108 West 13th Street,
Wilmington, Delaware 19801
Last updated: March 6, 2026 

This document is a legally binding contract between Printify, Inc. (“Printify,” “we,” “us,” or “our”) and you, the Merchant (as defined herein), for the use of the applications, software, products, and services provided by Printify to enable you to create your Pop-Up Store and sell your Products, each as defined below (collectively, the “Services”). Please read these Terms of Service (the “Terms”) carefully before using the Services. These Terms constitute a binding agreement between Printify and Merchant. Your access to and use of the Services is subject to these Terms and all applicable laws. By using the Services, you agree to these Terms. If you do not agree with these Terms, you should not access or otherwise use the Services. 

MANDATORY ARBITRATION NOTICE AND CLASS ACTION AND JURY TRIAL WAIVER. These Terms contain a mandatory (binding) arbitration provision and class action and jury trial waiver clauses. Except for certain types of disputes described in the arbitration section below or where prohibited by applicable law, you agree that disputes between Printify and you regarding use of the Services will be resolved by binding, individual arbitration and you waive your right to participate in a class action lawsuit or class-wide arbitration, including as a class representative. The arbitrator’s decision will be subject to very limited review by a court. You will be entitled to a fair hearing, but the arbitration procedures are simpler and more limited than rules applicable in court. For more details, see below. 

1. Changes to the Terms.

Printify may change, update, add, or remove provisions of these Terms from time to time. We will make commercially reasonable efforts to notify you of any material changes to these Terms, which may include posting through the Services or sending email to the email address on your account; however, except to the extent required by law, we are not obligated to do so and you waive any right to receive specific notice of such changes. Unless otherwise stated, changes are effective when posted and apply prospectively. By using the Services after Printify has updated the Terms, you are agreeing to the then-current Terms. We may make immediate changes without notice as required by law or for security, safety, or fraud prevention. 

2. Definitions.

  • “Content” refers to content uploaded, featured or displayed through the Pop-Up Store, on Products or otherwise used in connection with the Products, including without limitation, text, data, articles, images, photographs, graphics, software, applications, designs, and features. 
  • “Customers” refers to individuals or entities that purchase Products through the Pop-Up Store or any Substore.
  • “Merchant,” “you,” or “your” refers to the individual person, company, or organization that operates as the merchant of record with respect to a specified Pop-Up Store. 
  • “Pop-Up Store” refers to the online marketplace that Merchant creates and publishes to sell its Products to Customers. 
  • “Products” refers to all products offered by you on the Pop-Up Store including, but not limited to clothing, accessories, home decor, kitchenware, footwear, stationery, and cosmetics. 
  • “Service Providers” refers to any one or more of Printify’s subsidiaries, commonly controlled affiliates, contractors, fulfillment partners, and third-party service providers that Printify may use in its discretion to perform its obligations or provide portions of the Services.
  • “Stripe” refers to Stripe, Inc. and its affiliates, which provide payment processing services and tax calculation, collection, filing, and remittance services as described herein. 
  • “Substore” has the meaning assigned to it in Section 5.

Capitalized terms used but not defined herein have the respective meanings assigned to them in the Printify Terms of Service.

3. Accessing the Services.

You must be at least 18 years old to access and use the Services and create your Pop-Up Store. By accessing and using the Services, you represent and warrant that you are 18 years old and have the legal capacity and authority to enter into a contract. If you create a Pop-Up Store on behalf of a company, organization, or other entity, then “you” includes the entity, and you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms. To access the Services and create a Pop-Up Store, you may be required to provide certain personal information or other information. It is a condition of your use of the Services that all the information you provide is correct, current, and complete, and that you have the authority to provide such information to us. Due to the nature of the Internet, Printify cannot guarantee uninterrupted access and availability of the Services. We reserve the right to restrict the availability of our Services or certain features if necessary in view of capacity limits or the integrity of our servers, and to restrict access when performing maintenance measures to ensure the proper working and functioning of the Services. Printify may improve or modify its Services and may introduce new offerings from time to time. 

4. Pop-Up Stores Operation and Execution.

By operating a Pop-Up Store, you agree to and do hereby engage Printify to host the Pop-Up Store and appoint Printify, acting through one or more of its affiliates, subcontractors or other third parties (as further set forth in Section 6 of these Terms), as the on-demand manufacturer and distributor for such Products to Customers. For the avoidance of doubt: (a) “Products” hereunder are likewise Products under and as defined in the Printify Terms of Service, provided that in the event of any conflict between the terms and conditions of these Pop-Up Stores Terms and the terms and conditions contained in the Printify Terms of Service, the terms and conditions set forth in these Pop-Up Stores Terms shall control with respect to the use of the Pop-Up Stores platform; and (b) you understand and agree that to the extent you choose to purchase Products through one or more Pop-Up Stores, you will be a “Customer” for all purposes of the Agreement (as defined in the Printify Terms of Service) and subject to all of the standard terms and conditions presented and applicable to other third-party Customers on, through, or in connection with the Pop-Up Stores. You agree that you are responsible to create (or approve, where created by Printify at your direction) all Product listings, retail prices, specifications, and descriptions through each of the Pop-Up Stores (“Product Listings”) and that such Product Listings shall constitute Your Content under the Agreement. You agree that all Product Listings must meet reasonable quality standards, and that you shall be liable to Printify for all replacement costs in case we are required to reprint a Product due to issues with Your Content. Printify further reserves the right to refuse a request for refund or reprint, if the reasons for the complaint are due to the following: issues in the artwork file, placement, limitations of the product, bleed areas and not following the design guidelines and/or any other reason not eligible for a refund or reprint. Such requests will be dealt with on a case-by-case basis. Once an order for Products is placed by a Customer through the Pop-Up Store (a “Customer Order”), such Customer Order shall be deemed to automatically and simultaneously constitute a purchase order issued by you to Printify for the Products therein (“Purchase Order”) on and through the Pop-Up Stores platform, in exchange for the then-current applicable purchase price thereon. You understand that Purchase Orders are noncancellable and returns or refunds thereunder will not be accepted. As between you and Printify, you shall unilaterally establish your own resale prices for, and terms regarding, the sale of the Products to Customers and will also handle any disputes, chargebacks, returns, tax-related matters, and all other matters concerning Customers. You represent and warrant that you shall have all necessary rights and consents at all times to share Customer information with Printify in compliance with your privacy policy and, in all events, applicable law.

5. Substores; Flow-Down Obligations and Responsibility.

The Pop-Up Stores platform may offer you the ability to enable or operate one or more subordinate storefronts, microsites, or branded instances under your master Pop-Up Store (each, a “Substore,” and any person or entity that operates a Substore for or on your behalf, a “Substore Operator”). If you choose to enable or operate one or more Substores, then: (a) you remain at all times solely responsible and liable to Printify for each Substore’s full compliance with these Terms, as if each Substore were you; (b) any act or omission on, by, through, or in connection with a Substore or Substore Operator that would constitute a breach of these Terms if undertaken by you directly shall be deemed your breach for all purposes of these Terms; (c) you understand that as between you and Printify, you are solely responsible to, and represent and warrant that you shall, ensure your operations are in compliance at all times and in all respects with these Terms as well as all Customer-facing terms of service and privacy policies applicable to your master Pop-Up Store and all Substores, and for implementing enforceable user agreements with your Customers and Substore Operators with provisions materially consistent with (and that establish rights and impose obligations in each case no less protective of Printify than) the provisions of these Terms, including without limitation with respect to content/intellectual property, payment and tax acknowledgements, product compliance, customer service obligations, limitation of liability, indemnities, dispute resolution, and acceptable use; (d) you are responsible to Printify for the acts, omissions, and compliance of your Substore Operators, and will ensure they cooperate with Printify with respect to security, fraud prevention, intellectual property and content enforcement, KYC/AML, and legal compliance, including upon Printify’s reasonable request for information needed to provide the Services or investigate suspected violations; and (e) all references to and uses of Merchant’s “Pop-Up Store(s)” in these Terms and/or the Agreement shall be deemed to refer to and include all Substores (with correlative extensions of meaning and scope with respect to references to and uses of “Customer,” “Content,” etc).

6. Service Delivery by Affiliates and Third Parties.

You acknowledge and agree that: (a) Printify does not hold any inventory and does not perform any of the development or manufacturing of any of the Products or handle printing itself; and accordingly, (b) Printify may perform any of its obligations and exercise its rights under these Terms through one or more Service Providers. Notwithstanding the foregoing, Printify remains responsible to you for the performance of its obligations under these Terms. 

7. Your Pop-Up Store; Payments; Taxes.

Your Pop-Up Store shall be accessible through a dedicated link created for your Pop-Up Store once you create and publish your Pop-Up Store. As between you and Printify, you will act as the seller and the merchant of record for your Products. You will determine the design, price, listing availability, accessibility, and sales terms for the Products. You acknowledge and agree that you are solely responsible for the sale of Products to Customers, including compliance with applicable laws, including but not limited to laws and regulations concerning consumer protection, product safety, labeling and warnings, testing and certification, intellectual property, advertising and marketing, import/export controls and sanctions, environmental and extended producer responsibility requirements, and any recall-related obligations. You agree that Printify will not, under any circumstances, be responsible or liable, directly or indirectly, for the sale of any Products to Customers. You are responsible for all Customer service, refunds, returns, replacements, recalls, complaints, and post-sale obligations; provided that you acknowledge and agree that unless otherwise agreed between you and Printify in writing: (a) Printify will provide first-line Customer support in accordance with its standard support policies and practices as publicly disclosed through the Printify platform from time to time. 

8. Payment Processing by Stripe.

Payment processing services for your Pop-Up Store are provided by Stripe. By using the Services, you agree to the Stripe Services Agreement and other applicable Stripe terms, policies, and updates made available by Stripe on its website from time to time (collectively, the “Stripe Terms”). Printify does not control or set the Stripe Terms and is not responsible for Stripe’s services or Stripe’s performance. Stripe may update the Stripe Terms at any time in its sole discretion. You are solely responsible for regularly reviewing the Stripe Terms and ensuring your ongoing compliance, and your continued use of payment processing constitutes your acceptance of any updates. Any links we provide to Stripe materials are for convenience only and may change without notice; if a link becomes unavailable or changes, you must navigate to Stripe’s website and locate the then-current Stripe Terms. You authorize Stripe to process, collect, hold, and settle funds to you; to debit, credit, or place a hold or reserve on your settlement account; and to manage chargebacks, refunds, reversals, and associated fees. Stripe will collect payments on your behalf from Customers and attribute payments to your account balance, with settlement to your designated bank account as determined by Stripe’s processes and timelines. Settlement timing may vary, including due to KYC status, reserves, chargeback rates, fraud risk, or legal requirements. If there is a conflict between these Terms and the Stripe Terms with respect to payment processing, the Stripe Terms will control. 

9. KYC and Compliance.

KYC and Compliance. Stripe provides a know-your-customer (“KYC”) onboarding process, which is mandatory for Merchant to complete. Merchants who have not completed KYC and received Stripe’s approval will not be able to accept payments. You authorize Printify and Stripe to obtain, verify, and record information that identifies you and your owners or principals. You represent and warrant that all information you provide is accurate and complete and you will promptly update it as needed to maintain compliance with the foregoing representation and warranty at all times while using the Services. 

10. Chargebacks; Reserves; Setoff.

You acknowledge that, as between you and Printify, you are responsible for all chargebacks, reversals, refunds, and related fees and assessments in connection with Customer Orders. To facilitate recovery of such amounts, Printify may, without notice, establish reserves, delay settlements, withhold funds, and debit or set off any amounts you owe from your Printify account balance or from amounts otherwise payable to you by Printify, including future payouts. If at the time of a chargeback, reversal, refund, fee, or assessment you do not have sufficient balance or incoming cash flow with Printify from which we can deduct the amounts owed, Printify may, in its discretion, bear the shortfall; provided that nothing in this paragraph limits our ability to net against future positive balances or to maintain or increase a reserve as reasonably needed to manage risk or comply with law, including in cases of suspected fraud, policy violations, excessive chargebacks, or pending disputes. Printify and Merchant Support will assist with chargeback investigations and process refunds through the platform; you must timely cooperate and provide information reasonably requested by Printify to contest or resolve disputes. 

11. Taxes; Printify Disclaimer.

You acknowledge and agree that:  (a) you are solely responsible for all taxation (including but not limited to sales tax and value added tax) and tax reporting requirements relating to the sale of Products to Customers; (b) as between you and Printify, you are the seller and merchant of record for all Products with respect to Customers and you are solely responsible for your tax compliance, including registration where required; and (c) Printify shall not have any (and hereby disclaims all) responsibility and liability for tax determinations, rates, changes in law or rules, collection, filing, remittance, tax notices, audits, penalties, or interest, and you agree not to assert any claims against Printify arising out of or relating to the foregoing. For clarity, you agree that Printify is not a marketplace facilitator or deemed seller under any tax law by virtue of the Services provided hereunder.

12. Fulfillment; Shipping; Risk of Loss; Returns.

We may utilize Service Providers to produce and fulfill orders. Delivery dates are estimates only. We are not liable for delays or failures caused by carriers, customs or import controls, labor actions, supply chain constraints, force majeure, or other causes beyond our reasonable control. As between you and Printify, title and risk of loss for Products pass to you upon tender to the carrier at the point of shipment to the Customer. As between you and your Customer, title and risk of loss will pass in accordance with your posted terms and applicable law. You are responsible for your return, refund, and exchange policies and for Customer service. 

In rare cases, Printify may cancel an order before it is sent to production. We will do this only under certain reasonable circumstances, and if we do, we’ll issue a full refund to the Customer. Printify reserves the right to cancel any Order prior to the commencement of production if, in Printify’s reasonable determination, fulfilling the Order would be commercially impractical, violate applicable policies, or result in financial loss. The following are commercially reasonable grounds for such cancellations, though this list is not exhaustive:

  1. Violation of Printify’s Intellectual Property Policy: If the Order appears to violate Printify’s Terms of Service or Intellectual Property Policy, the Order may be canceled at Printify’s sole discretion.
  2. Risk of Financial Loss: Printify may cancel an Order if fulfillment would result in a financial loss to Printify. This includes, but is not limited to evident pricing errors (e.g., misconfigurations or misentries resulting in negative or negligible margins), and unusually high or unanticipated production or shipping costs. You are solely responsible for setting Product prices. By setting prices that, after accounting for base costs, fees, taxes, and shipping, leave little or no margin, you acknowledge the risk that such Orders may be canceled if fulfillment would be commercially unreasonable. Printify may, at its discretion, notify you of such pricing issues prior to cancellation.
  3. Illicit Activity or Policy Violations: If an Order is associated with any activity that Printify determines to be fraudulent, deceptive, or in violation of Printify’s Terms of Service or applicable laws (including suspected use of stolen payment credentials or circumvention of platform restrictions), the Order may be canceled. 
  4. Unresolved Technical or Quality Control Issues: Where Content associated with the Order fails Printify’s quality control or technical review and you do not respond within the specified timeframe to remedy the issue, the Order may be canceled. 
  5. Failure to Meet Minimum Content or Customization Requirements: Orders for blank or insufficiently customized products that violate platform guidelines may be canceled, especially where it appears that the platform is being misused to resell non-customized goods.
  6. Unavailability of Blanks: Printify reserves the right to cancel an Order if the blanks necessary for fulfillment are unavailable, whether due to stock shortages or permanent discontinuation by the applicable Service Provider.
  7. Unapproved Personalization Requests: If a Customer places an Order for a Product that includes personalization features, and you do not approve the Customer’s personalization request within seventy-two (72) hours after the Order is made available for review in your Pop-Up Stores account, the Order may be automatically canceled. Printify will notify you of the pending approval request and any applicable deadline.

In the event of cancellation under this Section, Printify will issue a full refund of any amounts paid for the Order to the Customer. No royalty or payment will be due to you for that canceled Order. You agree that Printify’s cancellation and refund of an Order to the Customer under this Section constitutes your sole and exclusive remedy. You expressly waive any claims against Printify for loss of profit, revenue, business opportunity, or reputational harm arising from such cancellation.

13. Content License to Services.

Printify grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Services for your own use, subject to these Terms. All rights, title, and interest in and to the Services not expressly granted herein (including, without limitation, all intellectual property rights in and to the Services) are reserved by Printify. 

14. Your Content. 

You are solely responsible for any Content you use, post or provide on your Pop Up Store. Any Content is considered “Your Content” as defined in our Terms of Service and is subject to our Terms of Service, Intellectual Property Policy, and any other applicable terms. 

15. Monitoring; Law Enforcement.

When you use the Services, Printify reserves the right to view, monitor, and record activity without notice or further permission from you to the fullest extent permitted by applicable law, although we have no obligation to do so. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with the investigation or prosecution of possible criminal activity involving use of the Services. 

16. Prohibited Activities.

As a condition of use of the Services, you agree not to use the Services for any purpose that is prohibited by these Terms. You are responsible for all of your activity in connection with the Services and your Pop-Up Store and you represent and warrant that you shall abide by all local, state, national, and international laws and regulations and any applicable regulatory codes in connection with your use of the Services (including the provision of your Content), creation of your Pop-Up Store, sale of Products, and marketing, sale, and support of Customers. You represent and warrant that you shall not:

  1. Resell, rent, lease, loan, sublicense, distribute, or otherwise transfer rights to the Services;
  2. Modify, reverse engineer, decompile, or disassemble the Services;
  3. Copy, adapt, alter, modify, translate, or create derivative works of the Services without written authorization of Printify;
  4. Permit other individuals to use the Services, including but not limited to shared use via a network connection, except under these Terms;
  5. Circumvent or disable any technological features or measures in the Services that are designed for protection of intellectual property rights;
  6. Use the Services in an attempt to, or in conjunction with, any device, program, or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction;
  7. Use or access the Services to compile data in a manner that is used or usable by a competitive product or service;
  8. Use your account to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail, or repetitive messages to anyone;
  9. Use your account to engage in any illegal conduct; or
  10. Use the Services to order and resell blank Products without customizing them with your Content.

Any such forbidden use may result in suspension or termination of your access to the Services and termination of your Pop-Up Store. 

Printify may give you access to links to various external resources or third-party services (“Third-Party Sites”). Printify does not endorse any of these Third-Party Sites and does not control them in any manner. These Third-Party Sites may be governed by their own terms of service and policies. Printify is not liable or responsible for the accuracy of such services or their content, or products, and you need to take appropriate steps to determine whether accessing a Third-Party Site is appropriate, and to protect your personal information and privacy on such Third-Party Site. YOU AGREE THAT WE WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR ANY DAMAGES OR LOSSES CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD-PARTY. 

18. Limitation of Liability.

YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PRINTIFY, ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, ADVERTISERS, OR PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, LOSS OF GOODWILL, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY, EQUITY, OR ANY OTHER LEGAL THEORY, OR FOR DAMAGES IN THE AGGREGATE EXCEEDING THE GREATER OF (A) THE FEES PAID AND PAYABLE BY YOU TO PRINTIFY FOR THE SERVICES IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (B) $100.00, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING YOUR POP-UP STORE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICES, (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES, OR (IV) ANY OTHER MATTER RELATED TO THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THE FOREGOING LIMITATIONS WILL NOT APPLY TO LIABILITY FOR OUR WILLFUL MISCONDUCT OR TO YOUR INDEMNIFICATION OBLIGATIONS. 

19. Indemnification.

You agree to indemnify, defend, and hold harmless Printify and, to the extent applicable, our parent, subsidiaries, and affiliates, and each of their and our respective directors, officers, shareholders, employees, agents, representatives, clients, contractors, and Service Providers, from and against any and all losses, claims, demands, actions, liability, fines, penalties, and expenses (including reasonable legal fees) that may arise from: (a) your Pop-Up Store, Products, or Content; (b) your breach of these Terms, including your representations and warranties herein; (c) your negligence or intentional acts or omissions hereunder; (d) your violation of any law or the rights of a third party, including intellectual property, privacy/publicity rights, consumer protection, product safety, export controls, or sanctions; (e) any taxes, assessments, penalties, interest, tax notices, or audits related to your transactions; or (f) chargebacks, refunds, reversals, or payment disputes. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, which shall not excuse your indemnity obligations. 

20. Disclaimer of Warranties.

Printify controls and operates the Services from various locations and makes no representation that the Services are appropriate or available for use in all locations. Services may not be available in your location or may vary across locations. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, SAVE TO THE EXTENT REQUIRED BY LAW. PRINTIFY, AND ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, AND PARTNERS DO NOT WARRANT THAT: (A) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. SOME STATES / COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM PRINTIFY OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ACKNOWLEDGE AND AGREE THAT PRINTIFY IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD PRINTIFY LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING PROVIDERS OR OPERATORS OF THIRD-PARTY SITES OR EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES OR THEIR PRODUCTS RESTS ENTIRELY WITH YOU.

21. Injunctive Relief.

You acknowledge that we may be irreparably damaged if these Terms are not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of these Terms by you, we shall be entitled, without prejudice to any other rights and remedies (including arbitration as set forth below), to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of these Terms. For purposes of this Section, you agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach may be brought in the state or federal courts located in Delaware. You consent to the jurisdiction of such court and waive any objection to venue. You agree that service of any court paper may be effected on such party by mail or as otherwise provided by law. 

22. MANDATORY ARBITRATION AND CLASS ACTION AND JURY TRIAL WAIVER.

Most concerns can be resolved quickly and to your satisfaction by contacting us as set forth in the Questions section below. In the event that we are not able to resolve a dispute, and with the exception of the claims for injunctive relief by us as described above and to the extent allowed by law, you hereby agree that either you or we may require any dispute, claim, or cause of action (“Claim”) between you and us or any third parties arising out of use of the Services or these Terms (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory) to be arbitrated on an individual (non-class) basis. Claims also include, except as otherwise provided herein, disputes related to the coverage, applicability, arbitrability, enforceability, formation, scope, or validity of these Terms, including this arbitration provision, all of which shall be subject to the sole power of the arbitrator; provided that the enforceability of the Class Action Waiver shall be determined by a court. 

23. Small Claims; Public Injunctive Relief.

Both parties retain the right to seek relief in a small claims court (or a state court equivalent) for a Claim within the scope of its jurisdiction on an individual basis. Additionally, if you are a California resident, you retain the right to obtain public injunctive relief from any court with proper jurisdiction. 

24. No Class Actions; No Jury Trial.

THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS VERY LIMITED. ANY ARBITRATION OF A CLAIM WILL BE ON AN INDIVIDUAL BASIS ONLY. YOU WAIVE THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN A CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. CLAIMS BROUGHT BY OR AGAINST YOU MAY NOT BE JOINED OR CONSOLIDATED WITH CLAIMS BROUGHT BY OR AGAINST ANY OTHER PERSON. THE ARBITRATOR SHALL HAVE NO AUTHORITY TO CONDUCT A CLASS-WIDE, PRIVATE ATTORNEY GENERAL, OR MULTIPLE-PARTY ARBITRATION.

25. FAA; Rules; Venue.

You and we agree that your use of the Services involves interstate commerce, and that this arbitration agreement shall be interpreted and enforced in accordance with the Federal Arbitration Act (FAA) set forth in Title 9 of the U.S. Code to the fullest extent possible, notwithstanding any state law to the contrary, regardless of the origin or nature of the Claims at issue. If either you or we elect to arbitrate a Claim, the dispute shall be resolved by binding arbitration administered under the Commercial Arbitration Rules of the American Arbitration Association (AAA). If AAA will not serve as the administrator of the arbitration, and you and we cannot agree upon a substitute arbitrator, you and we shall request that a court with proper jurisdiction appoint an arbitrator. Arbitration shall be conducted in the county and state where you accepted these Terms, where you reside, or another reasonably convenient location as determined by the arbitrator, unless applicable laws require another location. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrator will apply applicable substantive law, statutes of limitation, and privileges. The parties will have the option to request and receive a reasoned award. 

26. Changes to Arbitration Provision.

If we make any amendment to this agreement to arbitration in the future, that amendment shall not apply to any Claim that was filed in a legal proceeding or action against us prior to the effective date of the amendment. The amendment shall apply to all other Claims governed by this agreement to arbitration that have arisen or may arise between you and us. 

27. Opt Out.

You may reject this arbitration provision within thirty (30) days of accepting the Terms by emailing us at [email protected] and including in the subject line “Rejection of Arbitration Provision”.

28. Severability (Arbitration Provisions).

If any part of the arbitration provisions set forth in Sections 22 – 27 of these Terms is invalid, all other parts thereof remain valid. However, if the class action limitation is invalid, then such arbitration provisions are and shall be invalid in its entirety, provided that the remaining Terms shall remain in full force and effect. The arbitration provisions set forth in Sections 22 – 27 of these Terms will survive the termination of your use of the Services and any other actions with us. 

29. Other Terms. Relationship.

Your relationship to Printify is limited to that of a merchant and not an employee, agent, joint venturer, or partner of Printify for any reason. 

30. Assignment.

You may not assign, delegate, or transfer these Terms or your rights or obligations hereunder, in any way (by operation of law or otherwise) without our prior written consent. We may freely assign our obligations and rights under these Terms, including all personal information in our possession that we have collected during your use of the Services, to an affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of assets. 

31. Governing Law and Venue.

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware (United States), excluding its conflicts of law rules, and by the FAA with respect to arbitration. Except as set forth in the agreement to arbitration (and without waiving it), you agree that any dispute arising from or relating to the subject matter of these Terms (including but not limited to if you opt out of the agreement to arbitration) shall be subject to the exclusive jurisdiction and venue of the state and federal courts of Delaware, except where jurisdiction and venue are mandated by applicable law. 

32. Severability (Terms).

If any term or provision in these Terms is found to be void, against public policy, or unenforceable by a court of competent jurisdiction and such finding or order becomes final with all appeals exhausted, then the offending provision shall be deemed modified to the extent necessary to make it valid and enforceable. If the offending provision cannot be so modified, then the same shall be deemed stricken from these Terms in its entirety and the remainder of these Terms shall survive with the said offending provision eliminated.

33. No Waiver.

No failure, omission, or delay on the part of us in exercising any right under these Terms will preclude any further exercise of that right or any other right under these Terms. 

34. Inactive Pop-Up Store Deletion.

In the event we notice prolonged inactivity on any of the Pop-Up Stores created via the Pop-Up Stores platform, including but not limited to no purchases or no Products pushed to a Pop-Up Store or Substore, we reserve the right to delete the Pop-Up Store, including any Substore and associated data. However, prior to any such deletion, we will provide you with advance notice. You will be given a reasonable opportunity to respond or resume activity on the Pop-Up Store. If you fail to take the required action within the timeframe specified in such notice, we may proceed with the deletion without further liability. 

35. Headings.

Provision and section headings are for convenience of reference only and shall not affect the interpretation of these Terms. 

36. Export Controls and Sanctions.

You represent and warrant that you, your owners or principals, and your Pop-Up Store are not located in, organized under, or a resident of any country or territory subject to comprehensive U.S., European Union, or United Kingdom sanctions and are not on any U.S. government, European Union or United Kingdom list of prohibited or restricted parties. You will not use the Services to sell or ship Products in violation of export control, sanctions, or import laws.

37. Force Majeure.

We are not liable for any delay or failure to perform due to causes beyond our reasonable control, including acts of God, natural disasters, war, terrorism, labor actions, governmental orders, epidemic or pandemic, utility or telecommunications failures, supply chain disruptions, carrier failures, or outages of third-party platforms or Service Providers.

38. Questions.

If you have any questions or comments about these Terms or the Services, please contact us by email at [email protected].