My store

Terms of Service

Printify, Inc.
108 West 13th Street
Wilmington, Delaware 19801
Last updated: October 10, 2024

This document is a legally binding contract between Pop-Up Store and you, the Merchant (as defined herein), for the use of the applications, software, products, and services provided by Pop-Up Store to enable you to create your Store and sell your Products (collectively, the “Services”). Please read this Terms of Service (the “Terms”) carefully before using the Services. 

These Terms constitute a binding agreement between Pop-Up Store and Merchant. Please read carefully through all sections of these Terms, 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, then 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 Pop-Up Store 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 the court. For more details, see below.

1. Can These Terms Be Modified?

Pop-Up Store may change, update, add, or remove provisions of these Terms at any time. Pop-Up Store will make commercially reasonable efforts to notify you of any material changes to these Terms, however, Pop-Up Store is not obligated to do so. You waive any right to receive specific notice of such changes to these Terms. By using the Services after Pop-Up Store has updated the Terms, you are agreeing to the then-current Terms. 

2. Definitions

    • “Content” refers to content featured or displayed through the Store or on Products, including without limitation, text, data, articles, images, photographs, graphics, software, applications, designs, and features.
    • “Customers” refers to individuals or entities that purchase Products from you through the Store.
    • “Merchant,” “you,” or “your” refers to the individual person, company, or organization that owns the Store and is the merchant of record for each transaction. 
    • “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 Store including, but not limited to clothing, accessories, home decor, kitchenware, footwear, and stationary, and cosmetics.
    • “Pop-Up Store,” “we,” “us,” or “our” refers to Printify Sub I LLC, as well as our affiliated legal entities, subsidiaries, directors, contractors, licensors, officers, agents, and employees. 

    3. Accessing the Services

      You must be at least 18 years old to access and use the Services and create your 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 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 Store, you will 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, Pop-Up Store 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. We also reserve the right to restrict access when performing maintenance measures to ensure the proper working and functioning of the Services. Pop-Up Store can improve or modify its Services and may introduce new offerings from time to time.

      4. Your Store

      Your Store shall be accessible through a dedicated link created for your Store once you create and publish your Store. You will act as the seller of your Products. You will determine the design, price, availability, accessibility, distribution, and sales terms for the Products. 

      You acknowledge and agree that you are solely responsible for the sale of Products to all Customers, including compliance with applicable laws, including but not limited to laws concerning intellectual property. You agree that Pop-Up Store will not, under any circumstances, be responsible or liable, directly or indirectly for the sale of any Products to Customers. 

      Merchant is solely responsible for issuing all invoices to Customers. Pop-Up Store uses a third-party provider to process payments on your behalf from Customers of your Store (the “Payment Processor”). The Payment Processor provides a know-your-customer (“KYC”) feature, which is mandatory for Merchant to fill out. Merchant who have not completed the KYC will not be able to use the Services. After completing the KYC process, the Merchant must receive approval from the Payment Processor. Until this approval is granted, the Merchant will be unable to sell products in the Store. 

      The Payment Processor will collect payments on behalf of Merchant. If a Customer’s payment is successful, then the Payment Processor will attribute the payment to Merchant’s account balance. All payments will be deposited directly to Merchant’s bank account on the fifteenth (15th) of every month. 

      Merchant acknowledges and agrees that they are 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. Pop-Up Store will not, under any circumstances, be responsible or liable, directly or indirectly for any taxation or tax reporting requirements relating to the sale of Products to Customers. 

      5. Content

        Pop-Up Store grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Services for your own individual use subject to these Terms. All rights, title, and interest in and to the Services not expressly granted herein are reserved by Pop-Up Store. Pop-Up Store allows you to upload and post Content on your Store. You retain all rights in, other than the rights expressly granted to Pop-Up Store below and any that you may grant to your Customers and are solely responsible for your Content.

        You can only post or use Content that is either yours, or for which you have written authorization from the Content owner. You represent and warrant that you have the right, title, and interest in any Content you post or use or that you have the legal authorization from the Content owner to post or use it. You will provide Pop-Up Store with evidence of your intellectual property rights shall it be requested by Pop-Up Store. You acknowledge and agree that all Content, including all advertisements or promotional descriptions, all Content uploaded to the Store, and all Content used on your Products is accurate, correct, and complies with these Terms.

        By using the Services, you grant Pop-Up Store a non-exclusive, transferable, sublicensable, royalty-free, and worldwide license to use, store, display, reproduce, save, modify, create derivative works, perform and distribute your Content solely for the purpose of operating, developing, and promoting the Services or your Store.

        Pop-Up Store may use its discretion to remove your Content from the Services, at any time, with or without notice to you, if it violates any of our Terms or policies or is reported to be infringing on intellectual property rights of others. Pop-Up Store is not obligated to monitor or police your Content. In addition to intellectual property concerns, Content that contains any of the below is prohibited and may also lead to termination of your Store.

        1. Child Exploitation: You may not post or upload Content that exploits or abuses children, including but not limited to images or depictions of child abuse or sexual abuse, or that presents children in a sexual manner.
        2. Harassment, Bullying, Defamation and Threats: You may not post or upload Content that harasses, bullies, defames or threatens a specific individual.
        3. Hateful Content: You may not post or upload Content that condones or promotes violence against people based on race, ethnicity, color, national origin, religion, age, gender, sexual orientation, disability, medical condition or veteran status, promotes crimes and/or terrorism.
        4. Illegal Content: You may not post or upload Content that is obscene or that facilitates or promotes activities that go against the laws of the jurisdictions in which you operate or do business.
        5. Intellectual Property: You may not post or upload Content that infringes on the copyright or trademarks of others.
        6. Personal and Confidential Information: You may not post or upload any Content that contains personally identifiable information, sensitive personal information, or confidential information, such as credit card numbers, confidential national ID numbers, or account passwords unless you have consent from the person to whom the information belongs or who is otherwise authorized to provide such consent.
        7. Self-Harm: You may not post or upload Content that promotes self-harm.
        8. Terrorist Organizations: You may not post or upload Content that implies or promotes support or funding of, or membership in, a terrorist organization.

        When you use the Services, Pop-Up Store 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.

        6. 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 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 Store, purchase 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 Pop-Up Store
          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
          10. Use the Services to order and resell blank Products without customizing them with your artwork

          Any such forbidden use shall immediately terminate your license to the Services and termination of your Store. 

            Pop-Up Store may give you access to links to various external resources or third-party services (“Third-Party Sites”). Pop-Up Store 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. Pop-Up Store 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.

            8. Limitation of Liability

              YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL POP-UP STORE, 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), PRODUCT LIABILITY, EQUITY OR ANY OTHER LEGAL THEORY, OR FOR DAMAGES IN THE AGGREGATE EXCEEDING THE AMOUNT OF THE FEES PAID AND PAYABLE BY YOU TO POP-UP STORE OR $100.00 (WHICHEVER IS MORE), ARISING OUT OF OR IN ANY WAY CONNECTED WITH (A) THE USE OF OR INABILITY TO USE THE SERVICS, INCLUDING YOUR STORE, (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICES, (C) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES, OR (D) 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.

              9. Indemnification

                You agree to indemnify, defend, and hold harmless Pop-Up Store 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 third-party service providers, for any and all losses, claims, demands, actions, liability, fines, penalties, and expenses (including reasonable legal fees) that may arise from any of your acts through the use of the Services, including (a) your breach of these Terms, including your representations and warranties herein, (b) your negligence or intentional acts or omissions hereunder, or (c) your violation of any law or the rights of a third party. 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.

                10. Disclaimer of Warranties

                  Pop-Up Store 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. POP-UP STORE, 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 POP-UP STORE OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

                  YOU ACKNOWLEDGE AND AGREE THAT POP-UP STORE IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD POP-UP STORE LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING PROVIDERS OR OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES OR THEIR PRODUCTS RESTS ENTIRELY WITH YOU.

                  11. 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 that may be sought under the mandatory arbitration provision of these Terms, 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 shall be brought in the state or federal courts located in Delaware. You consent to the jurisdiction of such court and waive any objection to the laying of venue of any such action or proceeding in such court. You agree that service of any court paper may be effected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules.

                    12. 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 and any other actions with us (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 as described herein. Notwithstanding anything else herein, the enforceability of the Class Action Waiver shall be determined by a court. In addition, 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 so long as the small claims action does not seek to certify a class, combine the claims of multiple persons, recover damages in excess of the limit for a small claim under applicable state law or is not transferred, removed, or appealed from small claims court to any different court. Additionally, if you are a California resident, you retain the right to obtain public injunctive relief from any court with proper jurisdiction. 

                      THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS VERY LIMITED. ADDITIONALLY, ANY ARBITRATION OF A CLAIM WILL BE ON AN INDIVIDUAL BASIS, AND, THEREFORE, YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN A CLASS ACTION LAWSUIT. AS PART OF THIS WAIVER, YOU AGREE THAT YOU WAIVE THE RIGHT TO ACT AS A PRIVATE ATTORNEY GENERAL IN AN ARBITRATION; THAT EXCEPT AS OTHERWISE PROVIDED IN THIS ARBITRATION AGREEMENT, CLAIMS BROUGHT BY OR AGAINST YOU MAY NOT BE JOINED OR CONSOLIDATED WITH CLAIMS BROUGHT BY OR AGAINST ANY OTHER PERSON; AND THE ARBITRATOR SHALL HAVE NO AUTHORITY TO CONDUCT A CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ARBITRATION OR MULTIPLE-PARTY ARBITRATION.

                      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. The arbitrator must follow, to the extent applicable: (a) the substantive law of the state in which we entered into the transaction giving rise to this arbitration agreement; (b) the applicable statutes of limitations; and (c) claims of privilege recognized at law. The arbitrator will not be bound by federal, state or local rules of procedure and evidence or by state or local laws concerning arbitration proceedings.

                      If either you or we elect to arbitrate a Claim, the dispute shall be resolved by binding arbitration administered under the commercial rules of the American Arbitration Association (“AAA”). Either you or we may elect to resolve a particular Claim through arbitration, even if the other party has already initiated litigation in court related to the Claim, by: (i) making written demand for arbitration upon the other party, (ii) initiating arbitration against the other party, or (iii) filing a motion to compel arbitration in court.

                      If AAA will not serve as the administrator of the arbitration, and you and we cannot then agree upon a substitute arbitrator, you and we shall request that a court with proper jurisdiction appoint an arbitrator. However, we will abide by the applicable AAA rules regardless of the forum. Arbitration shall be conducted in the county and state where you accepted these Terms, you reside, or another reasonably convenient place to you 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. Except as provided in applicable statutes, the arbitrator’s award is not subject to review by the court and it cannot be appealed. The parties will have the option to request and receive a statement of reasons for the arbitration award.

                      Notwithstanding anything to the contrary in these Terms, and except as otherwise set forth in this paragraph, the agreement to arbitration may be amended by us only upon advance notice to you. If we make any amendment to this agreement to arbitration (other than renumbering the agreement to align with any other amendment to the Terms) 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. However, we may amend this agreement to arbitration and not provide you notice; in that case, the amendments will not apply to you and the agreement to arbitration contained in these Terms to which you agreed will continue to apply to you and us as if no amendments were made.  

                      If any part of this arbitration provision is invalid, all other parts of it remain valid. However, if the class action limitation is invalid, then this arbitration provision is invalid in its entirety, provided that the remaining Terms shall remain in full force and effect. This arbitration provision will survive the termination of your use of the Services and any other actions with us. 

                      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.”

                      13. Other Terms

                        Relationship. Your relationship to Pop-Up Store is limited to that of a merchant and not an employee, agent, joint venturer, or partner of Pop-Up Store for any reason. 

                        Merger. These Terms (which hereby incorporate by reference any other provisions applicable to use of the Services) constitutes the entire agreement between you and us and it supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and us with respect to the Services and information, software, products and services associated with it.

                        Severability. 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.

                        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. 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 governed by the exclusive jurisdiction and venue of the state and federal courts of Delaware, except where the jurisdiction and venue are mandated by applicable assignment.

                        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. 

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

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

                        14. Questions

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