Terms of Service

Welcome to Printogo. By accessing our website, using our fulfillment services, or integrating our API, you (the "Merchant" or "User") agree to be bound by these Terms of Service ("TOS"), our Privacy Policy, and our Intellectual Property Policy. If you do not agree to these terms, please do not use our services.

We reserve the right to modify these terms at any time. We will make reasonable efforts to notify you of material changes via email or by posting a notice on our platform. Continued use of the platform after such changes constitutes acceptance of the updated terms.

Printogo operates a print-on-demand fulfillment platform connecting Merchants with third-party production facilities.

No Ownership of Products. Printogo does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any products listed or sold through our platform. We act solely as a technical intermediary facilitating the fulfillment of orders placed by you.

Independent Contractor Status. Your relationship to Printogo is limited to that of a client and an independent service provider. Nothing in these TOS shall be construed as creating a partnership, joint venture, employment, or agency relationship between you and Printogo.

Merchant of Record. You are the Merchant of Record for all sales to your end-customers. As such, you are solely responsible for all customer service, product liability, tax collection and remittance, regulatory compliance, and any other legal obligations arising from the sale and distribution of your products.

Eligibility. You represent that you are at least 18 years of age, or the age of majority in your state of residence, whichever is higher.

Information Accuracy. You represent and warrant that all information you provide to Printogo, including registration details, Know Your Customer (KYC) data, and Tax Identification Numbers, is correct, current, and complete. You agree to promptly update such information as necessary to maintain its accuracy.

Account Security. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. Printogo shall not be liable for any loss or damage arising from your failure to safeguard your login information or from unauthorized access to your account. You must notify us immediately of any suspected breach of security or unauthorized use of your account.

No Transfer or Assignment. You may not transfer, assign, or sublicense your account or any rights under these TOS to any third party without our prior written consent. Any attempted transfer or assignment in violation of this provision shall be null and void.

Ownership of Your Content. You retain all right, title, and interest in and to the artwork, designs, images, logos, and other content you upload to the Printogo platform (collectively, "Merchant Content"). Printogo claims no ownership over your Merchant Content.

License to Printogo. By uploading Merchant Content, you grant Printogo a non-exclusive, worldwide, royalty-free, sublicensable license to reproduce, modify (solely as necessary for printing and production formatting), display, and transmit your Merchant Content. This license is granted for the sole and limited purpose of fulfilling your orders through our platform and our network of production partners. This license terminates upon the deletion of your Merchant Content from our platform, except to the extent necessary to complete pending orders or comply with legal obligations.

Content Warranties. You represent, warrant, and covenant that:

1. You are the original creator of all Merchant Content you upload, or you hold all necessary rights, licenses, consents, and permissions to use and authorize Printogo to use such content as contemplated under these TOS.
2. Your Merchant Content does not and will not:
   1. Infringe upon, misappropriate, or violate any third party's intellectual property rights, including but not limited to copyrights, trademarks, patents, trade secrets, rights of publicity, or rights of privacy.
   2. Contain any material that is defamatory, obscene, pornographic, or otherwise sexually explicit.
   3. Promote, incite, or glorify hatred, harassment, violence, or discrimination based on race, ethnicity, religion, gender, sexual orientation, disability, or any other protected characteristic.
   4. Exploit, depict, or endanger minors in any way, including any content that constitutes child sexual abuse material.
   5. Promote, encourage, or facilitate illegal activities, self-harm, or terrorism.
3. Your Merchant Content complies with all applicable federal, state, and local laws and regulations.

Printogo's Right to Refuse or Remove. Printogo reserves the right, in its sole discretion, to review, refuse, suspend, or cancel the production of any order that we reasonably believe contains content that violates these warranties or our policies. Printogo may also remove any Merchant Content from the platform that we deem to be in violation of these TOS. The exercise of this right does not create any obligation on Printogo's part to monitor or pre-screen Merchant Content.

Repeat Infringer Policy. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable laws, Printogo maintains a policy of terminating, in appropriate circumstances, the accounts of Merchants who are repeat infringers of intellectual property rights. Accounts that accrue multiple valid infringement notices may be permanently suspended or terminated at our discretion.

DMCA Compliance. If you believe that any content on the Printogo platform infringes your copyright, you may submit a notification pursuant to the DMCA by providing our designated Copyright Agent with the information required by 17 U.S.C. § 512(c). Notices should be sent to: support@printogo.ai.

You agree to indemnify, defend, and hold harmless Printogo and its affiliates, parent companies, subsidiaries, officers, directors, employees, agents, contractors, and production partners from and against any and all claims, demands, damages, liabilities, losses, costs, and expenses, including reasonable attorneys' fees and court costs, arising out of or related to:

1. Your breach of any representation, warranty, or covenant set forth in these TOS, including but not limited to the content warranties in Section 4;
2. Your Merchant Content, including any claim that your Merchant Content infringes, misappropriates, or violates a third party's intellectual property rights or other rights;
3. Your products, including any product liability, personal injury, or wrongful death claims;
4. Your violation of any applicable federal, state, or local law, rule, or regulation; or
5. Your use of, or activities in connection with, the Printogo platform or services.

Printogo reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You agree not to settle any such matter without Printogo's prior written consent.

Pricing. The base prices for products and shipping rates displayed on the Printogo platform are subject to change without prior notice due to fluctuations in raw material costs, production expenses, or carrier surcharges. Price changes will not affect orders that have already been placed and confirmed for fulfillment.

Auto-Billing Authorization. By placing an order through our platform, you authorize Printogo to charge your registered payment method for the total cost of the order, including the product cost, shipping fees, and any applicable taxes or surcharges, at the time the order is triggered for fulfillment. You represent that you are authorized to use the payment method you provide.

Payment Disputes. All charges processed by Printogo are final and non-refundable except as expressly provided in our Refund Policy. Any billing disputes must be raised in writing to our support team within thirty (30) calendar days of the charge date. Failure to timely raise a dispute shall constitute your acceptance of the charge as valid.

Tax Responsibility. As the Merchant of Record, you are solely responsible for determining the applicability, calculation, collection, reporting, and remittance of all applicable federal, state, and local sales, use, value-added, excise, and other taxes, duties, and fees associated with your sales to end-customers. Printogo will collect and remit applicable sales taxes on your behalf only in jurisdictions where we are legally obligated to do so under Marketplace Facilitator Laws. Nothing in these TOS shall be construed as Printogo providing tax advice. You are strongly encouraged to consult with a qualified tax professional regarding your specific obligations.

Disclaimer of Consequential Damages. To the fullest extent permitted by applicable law, Printogo and its affiliates, officers, directors, employees, agents, and production partners shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages of any kind, including but not limited to loss of profits, loss of revenue, loss of data, loss of goodwill, business interruption, or cost of substitute procurement, whether such damages arise in contract, tort (including negligence), strict liability, or any other legal theory, and regardless of whether Printogo has been advised of the possibility of such damages.

Cap on Liability. To the fullest extent permitted by applicable law, the total aggregate liability of Printogo and its affiliates for any and all claims arising out of or relating to these TOS or the services provided hereunder, whether in contract, tort (including negligence), strict liability, or otherwise, shall in no event exceed the fees actually paid by you to Printogo for the specific order or orders that gave rise to the claim during the six (6) month period immediately preceding the event that gave rise to the liability.

No Liability for Certain Matters. Printogo assumes no liability for:

1. Errors, mistakes, or inaccuracies in Merchant Content;
2. Personal injury, property damage, or death resulting from products sold by you;
3. Any unauthorized access to or use of our servers, including any personal or financial data stored therein;
4. Any interruption or cessation of transmission to or from our platform; or
5. Any bugs, viruses, trojan horses, or the like transmitted through our platform by a third party.

Acknowledgment. You acknowledge and agree that the limitations of liability set forth in this Section 7 are fundamental elements of the basis of the bargain between you and Printogo, and that Printogo would not provide its services to you absent such limitations. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above exclusions may not apply to you.

Governing Law. These TOS and any dispute arising out of or relating to these TOS, the Printogo platform, or our services shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.

Binding Arbitration. Any dispute, controversy, or claim arising out of or relating to these TOS, including but not limited to issues relating to the breach, termination, enforcement, interpretation, scope, or validity thereof, shall be resolved exclusively through final and binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes, as applicable. The arbitration shall be conducted in New Castle County, Delaware. The language of arbitration shall be English. The arbitrator shall issue a reasoned written decision and shall have the authority to award any remedies that would otherwise be available in an individual court proceeding, but shall not have the authority to award relief in excess of, or inconsistent with, the limitations set forth in these TOS. The arbitration award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Class Action and Jury Trial Waiver. IMPORTANT - PLEASE READ CAREFULLY. You and Printogo each acknowledge and agree that:

1. All claims must be brought in the parties' individual capacities, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action, mass action, consolidated action, or representative proceeding.
2. You and Printogo each expressly and irrevocably waive any right to a trial by jury in connection with any dispute arising out of or relating to these TOS.
3. If a court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason, then the arbitration provision set forth above shall be deemed null and void in its entirety, and the dispute shall be resolved in the state or federal courts located in the State of Delaware.

Time Limitation. Any claim or cause of action you may have arising out of or relating to these TOS must be commenced within one (1) year after the cause of action accrues. After such time, the claim or cause of action is permanently barred.

The Printogo platform may integrate with, or provide links to, third-party websites, applications, and services, including but not limited to e-commerce platforms (such as Shopify and WooCommerce) and payment processors (such as Stripe and PayPal). Printogo does not own, operate, or control such third-party services. We make no warranties, express or implied, regarding the accuracy, reliability, availability, security, or policies of any third-party services, and we shall not be liable for any loss or damage arising from your use of or reliance on such services. Your use of any third-party services is governed solely by the terms of service and privacy policies of those respective third parties. Printogo is not a party to any agreement between you and a third-party service provider.

Modification. Printogo may modify these TOS at any time, as provided in Section 1 above.

Termination by You. You may close your Printogo account at any time by contacting us or using the account closure functionality within the platform, provided that you have fulfilled or canceled all pending orders. Upon closure, your obligation to pay any outstanding charges shall survive.

Termination by Printogo. Printogo may, in its sole discretion, suspend or terminate your account and your access to the platform at any time, with or without cause, and with or without prior notice. Without limiting the foregoing, Printogo may terminate your account immediately and without prior notice if:

(a) You breach any provision of these TOS, including but not limited to the content warranties in Section 4;

(b) Your conduct poses a risk of legal liability for Printogo, its production partners, or other Merchants; or

(c) You engage in fraudulent, abusive, or illegal activities.

Effect of Termination. Upon termination, Printogo may deactivate or delete your account and all related Merchant Content. Printogo shall not be liable to you or any third party for any termination of your access to the platform. Personal data will be handled in accordance with our Privacy Policy. Following termination, any licenses granted by you to Printogo shall terminate, except to the extent necessary to comply with legal retention obligations or pending legal proceedings.

Survival. The provisions of these TOS relating to Indemnification (Section 5), Limitation of Liability (Section 7), Dispute Resolution & Governing Law (Section 8), and any other provisions which by their nature should reasonably survive, shall survive any termination or expiration of these TOS.

Printogo shall not be liable for any delay or failure to perform its obligations under these TOS if such delay or failure results from circumstances or causes beyond Printogo's reasonable control. Such force majeure events include, but are not limited to: acts of God; natural disasters; earthquakes; floods; fires; epidemics or pandemics; public health emergencies; war; terrorism; civil unrest; riots; insurrections; acts of governmental authorities; strikes, lockouts, or other labor disputes; material shortages; supply chain disruptions; power outages or internet infrastructure failures; telecommunications disruptions; transportation delays; or any other events beyond our control, whether similar or dissimilar to the foregoing. In the event of a force majeure occurrence, Printogo will make reasonable efforts to notify affected Merchants and resume performance as promptly as circumstances reasonably permit.

Entire Agreement. These TOS, together with our Privacy Policy, Refund Policy, Shipping Policy, and Intellectual Property Policy, constitute the entire agreement between you and Printogo concerning the subject matter hereof and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, whether written or oral.

Severability. If any provision of these TOS is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not permitted, severed from these TOS. The remaining provisions shall continue in full force and effect.

No Waiver. The failure of Printogo to enforce any right or provision of these TOS shall not be deemed a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of Printogo to be effective.

Headings. The section headings used in these TOS are for convenience and reference purposes only and shall not affect the interpretation or construction of any provision.

Assignment. Printogo may assign or transfer its rights and obligations under these TOS, in whole or in part, at any time without notice or consent. You may not assign or transfer your rights or obligations under these TOS without our prior written consent.