Terms of Service

Printram, Inc.13211 Stafford Rd.Missouri City, TX 77489 USA

Last Updated: Sep 28, 2023

Thank you for choosing Printram (or formally known as Printram, Inc.). Prior to utilizing or entering our platform, please thoroughly review these Terms of Use (referred to as the "Terms"). This document constitutes a legally binding agreement between Printram and you, the User (as defined below), regarding the utilization of the applications, software, products, and services offered by Printram (collectively referred to as the "Service"). Consequently, we have endeavored to ensure its clarity. Alongside the comprehensive legal provisions, we have included brief, non-binding descriptions for each clause. These descriptions are not intended to supplant or distort the full text.

A. Definitions

Summary: These definitions are used throughout this Terms of Service, and it's crucial for you to comprehend their meaning when encountered in our terms.

Any terms not explicitly defined in this section shall carry the definitions as provided elsewhere in these Terms of Service.

1. "Agreement" collectively refers to all the terms, conditions, and notices contained in this document (referred to as the "Terms of Service") and all other operational guidelines, policies, including the Printram Privacy Policy and Printram Intellectual Property Policy, and procedures that we may periodically publish on our Website. This includes but is not limited to information on shipping, payments, and returns.2. "Content" pertains to the materials presented or displayed on the Website, encompassing text, data, articles, images, photographs, graphics, software, applications, designs, features, and other items available on the Website or accessible through the Service.3."Customers" denotes individuals or entities who purchase Your Products through a Sales Channel.4. "Orders" signify Your Products once they have been acquired, either by you or your customers.5."Produced Orders" describe Orders that have been processed, completed, and shipped.6. "Products" encompasses all the items offered by various Providers on our Website, including but not limited to clothing, accessories, home decor, kitchenware, footwear, and stationary.7. "Providers" signifies the organizations and companies with which Printram collaborates within the scope of its Service to make Products available to you.8. "Sales Channels" or "Stores" refer to other websites and platforms where you sell Your Products, such as Shopify, Woocommerce, Ebay, or Etsy.9. "Us," "We," and "Printram" refer to Printram, Inc., along with our affiliated legal entities, subsidiaries (including, but not limited to, Printram Development SIA), directors, contractors, licensors, officers, agents, and employees. Depending on various factors like the Print Provider's location, your location, and the transaction's region, Printram reserves the right to provide Services through different Printram legal entities.10. "User," "You," and "Your" pertain to the individual, company, or organization accessing or utilizing the Website or Service, or directing the use of the account in its capacity.11. "User Products" denote Products created by Users by incorporating Content through the Service. "Your Mockups" are visual representations of Users' Products generated using the Service.12. "User-Generated Content" encompasses Content, whether written or otherwise, that is generated or uploaded by our Users.13. "Website" refers to Printram's official website, located at Printram.com, and all the content, services, and products made available by Printram through the Website. This includes Printram-owned subdomains like app.Printram.com, Printramapp.com, and all subdomains of Printramapp.com, such as app.Printramapp.com. It also encompasses the use of current and future Printram plugins, such as those found in the Shopify App store, Woocommerce, Etsy, and more. Occasionally, Printram plugin pages and Printram-owned websites may present additional or varying terms of service. If such additional terms conflict with these Terms of Service, the terms provided in the additional terms concerning the conflicting matter shall take precedence.14. "Your Content" pertains to Content that you generate or have ownership of.

B. GENERAL

1. When you make use of our Services and Content, you are implicitly accepting:a. Our Terms of Serviceb. Our Privacy Policyc. Our Intellectual Property Policyd. Any other terms or policies mentioned below.2. Unless supplemented by additional terms, conditions, policies, guidelines, or standards, the Agreement represents the complete understanding between Printram and you regarding the subject matter covered herein. It overrides any prior verbal or written agreements or understandings between Printram and you concerning the access to and use of the Service.3. If any portion of these Terms of Service is deemed invalid or unenforceable, that specific provision will be removed and will not affect the validity and enforceability of the remaining provisions.Have inquiries regarding the Terms of Service? Please reach out to us.

C. When Do These Terms Apply?

Summary: When you use Printify, you are automatically agreeing to all the terms outlined below.

Using the Service implies that you recognize and consent to abide by these Terms of Service. If you do not consent to these Terms of Service, you should refrain from accessing the Service. If you are already registered, you have the option to deactivate your account.

D. Can These Terms Be Modified?

Summary: We can make changes to these Terms of Service, and if they are significant, we will inform you.

Printram retains the right to amend the Terms of Service periodically, and the latest version will always be accessible on our Website. If a revision, at our sole discretion, is considered substantial, we will notify you. The "Last Updated" date at the beginning of the Terms of Service indicates the date of the most recent alteration. Your continued use of the Service after the effective date of any modifications to the Terms of Service will indicate your acceptance of these changes. If you do not agree with the updated Terms of Service, you should discontinue using the Service and deactivate your account.

E. What Is the Scope of Printram’s Services?

1. Printram functions as an online platform that enables you to create and connect your store, allowing you to sell customized products through partnerships with various Print on Demand Providers worldwide. Our role is to handle the technical aspects while you focus on creating and selling.

2. Printram serves as an online marketplace for print on demand dropshipping, collaborating with multiple Providers to offer customizable Products that you can sell to Customers. We also maintain integrations with various Sales Channels to streamline the publication of Your Products on your Stores. When Customers purchase Your Products through a Sales Channel, we coordinate with Providers for printing and delivery.

3. Printram is solely a platform and does not engage in selling products or printing. We act as a facilitator for your business.

4. When using our Service to sell Your Products, your relationship with Printram remains that of a consumer, not an employee, agent, joint venturer, or partner. You operate independently for your own benefit.

5. Printram does not assume responsibility for your choice of Print Provider or the final product quality. Users are expected to research and select suitable Providers for their Products.

6. We may provide links to external resources or third-party services, but we do not endorse or control these services. Users should exercise their own judgment and review the terms and policies of Third Party Sites.

7. Printram cannot guarantee 100% uninterrupted access to our Service due to the nature of the Internet. We reserve the right to restrict access for maintenance and improvements to ensure the proper functioning of the Printram Service. Changes and enhancements may also be introduced over time.

F. Who Can Access Printram and Use the Service?

Summary: To use our service, you must be at least 18 years old, and if you sign up on behalf of someone else or an entity, you confirm that you have the legal authority to do so. Some features of our platform may have separate terms and conditions in addition to those outlined here.

1. You need to be at least 18 years old and have the legal capacity to use the Service or create a Printram account. By using our Service, you affirm that you are 18 years of age or older and have the legal authority to enter into a contract.

2. If you create an account for a company, organization, or another entity, "You" encompasses both you and that entity. You also confirm that you have the authority to grant permissions and licenses as described in these Terms of Service on behalf of the entity, and you agree to these Terms of Service on the entity's behalf.

3. Some sections and features of the Service may have their own separate policies, standards, or guidelines. They may also require you to accept additional terms and conditions. If there is a conflict between these Terms of Service and specific terms and conditions related to a particular area or feature of Printram Service, the more specific terms and conditions will prevail, unless otherwise specified.

4. To utilize our Service, you are required to register an account. Instructions on how to do this can be found in the following section.

5. You acknowledge and accept that you are responsible for paying any applicable taxes resulting from your use of the Service.

G. What Are the Rules for Creating and Maintaining an Account?

Summary: We have specific requirements that you must adhere to when creating an account with us.

1. To establish a Printram Account, you may need to provide certain personal details, such as your full legal name, current address, phone number, email address, and payment information. We will handle and utilize this information in accordance with Printram's Privacy Policy. You commit to supplying accurate and complete information to Printram and agree to promptly update it when changes occur. Additionally:a. You must not create an account or access the Service if you are under 18 years of age. b. You may only have one account at any given time and must not create an account using false identity or information. It should be in your name or your entity's name, with proper authorization.c. If you have been previously removed by the Company, you cannot have an account or use the Service.d. We reserve the right to reject your registration or terminate an existing registration at our sole discretion.e. The email address you provide will be our primary means of communication.f. Any harassment or derogatory behavior towards Printram employees may lead to immediate account termination.

2. You are responsible for safeguarding your account credentials and must not disclose them to third parties. If you suspect your credentials have been compromised, lost, or stolen, or if there is any unauthorized use of your Printram Account, you must promptly notify Printram. You are solely responsible for all activities carried out through your Printram account, and Printram will not be liable for any losses resulting from unauthorized use of your username or password.

3. Printram disclaims all liability arising from the revocation, cancellation, or suspension of your account for any reason. Your account and registration will terminate immediately if you breach any of the terms stated here. You can terminate your account at any time from your Account Settings. However, please ensure that you have disconnected your store from sales channels, unsubscribed from the business plan, and removed your registered credit card. Account deletion is irreversible, and you won't be able to access the data afterward. Nevertheless, you will remain responsible for any pending orders and charges.

H. What Are Your Rights to Content on Printram?

Summary: All the content you upload belongs to you. We have the discretion to remove content that doesn't meet our standards or if we receive notifications that it isn't yours.

1. By uploading content to Printram, you grant us permission to use it for purposes like marketing and educating other Printram users.

2. You are granted a limited, non-exclusive license to use the Service, subject to these Terms of Service. Printram retains all other rights to the Service.

3. You can upload and post Content to our Website, and anything you place on the Products remains your own. You are responsible for your Content and must have proper authorization to post it.

4. By using the Printram Service, you provide us with a license to use Your Content for the operation, development, and promotion of the Service.

5. You agree not to misuse the Service, follow all laws and regulations, and not engage in prohibited activities.

6. You are responsible for your account and must not share access or use the Service for illegal purposes.

7. You must monitor and prevent minors under 13 from using the Service with your account.

8. You must not use the Service to resell blank Products without customization.

9. We may remove Your Content if it violates our terms or is reported for infringing on others' intellectual property rights.

10. Printram may view, monitor, and record activity on the Service without notice, as allowed by law, although we are not obligated to do so. Information obtained may be shared with law enforcement for criminal investigations involving Service use.

11. Content that exploits children, harasses, bullies, promotes violence, supports illegal activities, infringes on intellectual property, reveals personal or confidential information, promotes self-harm, or supports terrorist organizations is strictly prohibited and may result in account termination.

I. How do Payments Work on Printram?

Summary: Printram will only impose charges if you opt for a Printram Premium Plan. Products will only be manufactured and sent after receiving payment through credit/debit or from an existing Printram balance. Users can modify their payment settings, including frequency. It's important to note that "sales credits" cannot be withdrawn.

1. Printram does not charge any fees or costs for the platform itself unless you subscribe to the Printram Premium Plan.

2. To order product samples or fulfill customer orders, payment must be made in advance. This payment includes the product cost, shipping, and applicable taxes, as detailed in the Printram Catalog and Shipping Rates page. Orders are processed only upon receipt of payment.

3. Printram cannot access funds in your Sales Channel accounts. To process payments within Printram, you need to have funds in your Printram balance or link an accepted payment method to your Printram account. By default, Printram deducts funds from your Printram balance first and, if necessary, charges the remaining amount using your connected payment method.

4. Printram charges users when orders are sent for production. Users can adjust their settings to determine the frequency of order processing and whether charges occur per order or for multiple orders collectively. These settings are configurable after creating an account and connecting a Sales Channel.

5. Printram may issue coupons, which are virtual credits usable for manual and sample orders. Coupons can be applied to a single order and cannot be combined or converted into cash.

6. In case of order issues, contact Printram before disputing the claim with your credit card company. If a dispute is filed, Printram cannot issue refunds until the dispute is resolved or canceled. Refunds offered by Printram after investigation are provided as Printram credits.

7. Withdrawn funds from a Printram balance are returned to the original payment source, either a credit/debit card or PayPal account. The method of withdrawal depends on the initial payment source.

8. Users are responsible for paying any required sales tax on their transactions, as tax regulations vary based on the product source and delivery location. Consultation with a tax accountant is recommended.

9. EU regulations mandate VAT collection on orders produced and shipped within the EU. EU-registered businesses may seek a VAT Exemption with a valid VAT number by contacting Printram Merchant Support.

10. Printram may process payments and issue invoices through various Printram legal entities based on factors like the Print Provider's location, your location, and the transaction region.

J. How Does Printram Handle Order Related Issues?

Summary: If you encounter any problems with your order, please reach out to Printram Merchant Support within 30 days of receiving the product. Provide a thorough description of the issue and include relevant photos or videos as evidence. After our investigation, we will determine if you qualify for a free reprint or refund. It's important to note that certain issues may not meet the criteria for reprinting, as described below.

1. Printram does not maintain inventory or handle printing directly. Quality and outcome of Produced Orders primarily depend on the chosen Provider. Users are responsible for researching and adhering to print quality requirements.

2. Conflict resolution is managed by Printram's Merchant Support team on behalf of Providers. Users must contact Printram Merchant Support within 30 days of product delivery and refrain from contacting Print Providers directly.

3. Custom-made products are non-refundable, and once an Order is placed, changes to order details are typically not possible. Merchants should relay accurate customer information.

4. Requests for specific Order changes, such as address or delivery method changes, will be evaluated by Merchant Support.

5. Full or partial refunds for canceled Orders depend on the Order's fulfillment stage.

6. Orders with artwork issues are subject to a quality control process. Proceeding with such orders or non-response within 7 days may result in ineligibility for replacements or refunds.

7. Production times are estimated and not guaranteed. Lost Orders during shipment may be investigated for replacements.

8. Faulty products may be replaced or refunded in Printram credit after investigation by Merchant Support.

9. Refunds are not provided for Orders in transit unless deemed lost by Merchant Support.

10. Accurate delivery addresses are the merchant's responsibility. Invalid or incorrect addresses may require reshipment or cancellation, with associated costs borne by the merchant.

11. Non-delivered Orders should be reported within specific timeframes to be eligible for a reprint or refund.

12. Tracking indicating delivery, but claims of non-receipt, will be individually investigated.

13. Shipping delays are beyond Printram's control, and refunds/reprints for such cases are typically not offered unless the package is lost in-transit.

14. Refund or reprint requests due to issues like artwork, design guidelines, product limitations, or other ineligible reasons will be handled on a case-by-case basis.

K. Can You Use Printram’s Image and Name?

Summary: We place a strong emphasis on safeguarding intellectual property rights and we request that you demonstrate the same level of respect for ours.

Printram, along with Printram.com, Printramapp.com, and various Printram visual elements such as graphics, logos, designs, page headers, button icons, scripts, and service names, are protected trademarks and trade dress owned by Printram. These may not be utilized in connection with any product or service without Printram's prior written consent.

The brand and press kit images and icons are available for use by partners and third-party websites, provided that appropriate links to the Printram Website are included. Printram retains the right to request the removal of these images and icons from your usage at any time.

L. Limitation of Liability

Summary: We want to emphasize that we're not accountable for any losses you might face while using our service. If you happen to violate the law or breach this agreement and face legal consequences, it's essential to understand the following section carefully. It outlines the extent of our responsibilities to you.

Limitation of Liability:

Printram, its officers, directors, agents, affiliates, employees, advertisers, and providers shall not be held liable for any indirect, incidental, consequential, or punitive damages, including but not limited to loss of use, profits, or data. This includes scenarios arising from contract, negligence, or any other legal basis, and the total liability in such cases shall not exceed the fees paid by you to Printram or $100.00 (whichever is greater). Please note that certain jurisdictions may not permit the exclusion or limitation of liability, so these restrictions may not apply to you.

Indemnification:

You agree to indemnify and hold Printram, its parent company, subsidiaries, affiliates, partners, and providers harmless from any claims, including reasonable attorney's fees, made by third parties due to your violation of these Terms of Service or any legal violations or infringements of third-party rights.

Warranty Disclaimer:

Printram operates the Service from various locations and does not guarantee its suitability or availability in all locations. The Service and content are provided "as is" and "as available" without any warranties, whether express or implied, including but not limited to warranties of title, non-infringement, merchantability, and fitness for a particular purpose. Printram, its directors, employees, agents, representatives, suppliers, partners, and providers do not warrant that the Service will be secure or available at all times, that defects or errors will be corrected, that content or software will be free of viruses, or that the Service will meet your requirements. Your use of the Service is at your own risk, and certain states/countries may not allow limitations on implied warranties, so some of these limitations may not apply to you.

M. What if I Have Legal Issues with Printram?

Summary: In case you encounter any legal disputes with Printram, you commit to initiating a dialogue with us as the initial step. If, after attempting to resolve the matter together, we are unable to reach a resolution, we will then engage in formal arbitration procedures. If the dispute is not suitable for arbitration, any ensuing legal matters will be addressed in the State of Delaware.

Dispute Resolution: If there's a disagreement related to these Terms of Service, your initial step is to reach out to Printram Merchant Support to attempt to resolve the matter. In cases where direct discussions fail to provide a resolution, both parties agree to explore mediation as a first step, which will be administered by the American Arbitration Association under its Commercial Mediation Procedures. If mediation doesn't resolve the dispute, any remaining controversies or claims linked to the Terms of Service will be settled through arbitration, administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitrator's award may be enforced in any court with jurisdiction.

If, for any reason, a particular claim, dispute, or controversy related to Printram or our Service isn't subject to arbitration as determined by applicable laws or other factors, both You and Printram consent to resolve that specific claim or dispute in line with Clause N.3 of these Terms of Service.

These Terms of Service are governed by the laws of the State of Delaware, without consideration for conflicts of law principles. You consent to the personal jurisdiction of the United States District Court for the District of Delaware for any actions not covered by the Arbitration process outlined in Clause N.1.

N. Printram Premium Plan

Summary: Printram provides two subscription plans, one on a monthly basis and the other on a yearly basis, which offer discounts of up to 20% on all products. These subscription plans are set to automatically renew, and uninstalling the Printram app or disconnecting your store will not cancel them. To avoid renewal charges, you must proactively cancel your subscription before the renewal date.

Recurring Subscription:

When you subscribe to the Printram Premium Plan, you'll enjoy discounts of up to 20% on all Printram products. This subscription will continue on a month-to-month or year-to-year basis until you decide to cancel or terminate it. To avoid being billed for the next subscription period, make sure to cancel your subscription before it automatically renews each month or year.

Before subscribing to the Premium plan, you'll have the opportunity to preview and compare prices. Once subscribed, you'll only see prices with the Premium plan discount applied throughout the catalog.

Billing:

Upon starting your subscription, you give us authorization to charge your payment card for the full subscription fee. Please note that the amount charged may vary due to reasons such as promotional offers or changes in the subscription plan. You also authorize us to charge your payment card for these amounts.

Printram reserves the right to adjust pricing for our service or any of its components at any time, as determined by our sole discretion. Any price changes to your service will become effective after we notify you via email.

You'll be charged the subscription fee immediately, and these charges will automatically renew every month for monthly subscriptions and every year for yearly subscriptions unless you decide to cancel the subscription.

We will automatically charge your payment card on the calendar day corresponding to the start of your subscription. If your payment card is declined, we may adjust the timing of the charge. For instance, if your subscription began on a date not found in a given month (e.g., August 31), we will charge your payment card on an appropriate day (e.g., September 30).

If you switch from a monthly subscription (that is not cancelled) to a yearly subscription, your monthly subscription will end immediately, and the yearly subscription will commence from the switch date. The yearly subscription fee will be adjusted to account for the unused days within your monthly subscription period. For example, if you switch from monthly to yearly halfway through a month, you will be billed $285.38, which includes a deduction for the unused days in that month.

If you switch from a monthly subscription (that is cancelled but still active) to a yearly subscription, the same rules apply, but you will be charged the full yearly subscription amount of $299.88.

Cancellation:

Please note that subscription fee charges are non-refundable, and there are no refunds or credits for partially used subscription periods. After cancellation, you'll retain access to the discounts until the end of your billing cycle.

To cancel your subscription, access the Payment section by clicking on the settings icon in the upper right-hand corner of your account page. After cancellation, your subscription will remain active until its expiration date but will not auto-renew.

Keep in mind that you must unsubscribe before the next billing cycle to avoid charges for the following month or year. Printram subscription fee charges cannot be refunded.

It's important to note that we can only charge your payment cards for the Premium plan subscription and cannot utilize your Printram balance for this purpose.

Please be aware that Printram Premium doesn't automatically cancel when you disconnect your Printram store or uninstall the Printram app. You must manually cancel it from the Payment section to halt all subscription charges.

O. Printram FX Rate

Summary: You have the option to choose a currency other than USD for billing purposes when placing your orders. When you opt for a non-USD currency, Printram will employ the Printram FX Rate to convert the USD amount to your selected currency. It's important to note that if you choose a non-USD currency, any refunds for orders will also be processed and returned to you in the same selected non-USD currency.

You have the option to choose a currency other than USD for billing when placing orders on Printram. When you opt for a non-USD currency, Printram will utilize its own foreign exchange rates, known as the Printram FX Rate, to convert the total payment, including product costs, shipping, and other applicable expenses, from USD to your chosen currency.

It's important to note that the Printram FX Rate may differ from the foreign exchange rates available online or in financial databases, as those rates are typically inter-bank rates not accessible to end customers. To ensure efficiency, Printram always strives to apply the most favorable Printram FX Rate based on foreign exchange rate fluctuations.

Please be aware that Printram reserves the right, at its sole discretion, to modify the Printram FX Rate at any time.

If you select a non-USD currency for billing, any refunds for orders will be processed and returned to your credit or debit card in the same selected non-USD currency. The calculation of the refund, including any associated fees, will be based on the same Printram FX Rate used for the original payment of your order.

Please note that choosing a non-USD currency may come with certain limitations. For example, the use of coupons (flat discounts for orders) and Printram's USD Balance will be disabled, but your subscription charges will still be in USD. When you choose a non-USD currency, we will inform you of any applicable limitations.

You have the flexibility to switch back to using USD as the billing currency for your orders at any time.

P. Printram's Approach to Order-Related Issues

Overview: If you encounter any concerns regarding your order, reach out to Printram's Merchant Support within 30 days of receiving the product.

Provide a comprehensive description of the issue along with relevant photographic or video evidence supporting your case. Following an investigation, we'll assess eligibility for a free reprint or refund. Some issues may not qualify for reprinting, as outlined below.

1. As products are custom-made per order, they're non-refundable. By submitting an order for production, whether manually or via automatic settings, you acknowledge that Order execution or contents (products, shipping method, delivery, and return addresses) cannot be further altered. Printram cannot be held responsible for incorrect shipment details or if Customers order the wrong size or color. It’s the Merchant's responsibility to relay accurate information from their Customers.

2. Requests for certain Order detail changes, like address or delivery method, may be submitted. Our Merchant Support team will assess the request and determine if it’s feasible, potentially incurring additional costs.

3. Once an Order is placed, full or partial refunds for canceled Orders aren't guaranteed. Upon receiving a cancellation request, Printram will decide on refund eligibility based on the Order's fulfillment stage.

4. Orders with updated artwork undergo a Printram Quality Control process for design-related issues or low-resolution imagery. If an issue arises and the order

5. proceeds without a response within 7 days of notification, no replacements or refunds will be available. Orders not meeting Printram's Terms of Service or Intellectual Property Policy will be canceled, with charges refunded.

6. Production times on the Website are estimates, not guaranteed. For unusually prolonged production or delivery times, contact Printram’s Merchant Support team. Lost orders during shipment will be investigated for potential replacements.

7. If, after investigation, Printram's Merchant Support determines a faulty product, replacement or refund will be provided at our discretion, issued as credit to your Printram balance.

8. Refunds for Orders in transit aren’t provided unless deemed lost by our Merchant Support team.

9. The Merchant must ensure each Order's specified delivery address is valid and accurate. Incomplete deliveries due to invalid addresses can be reshipped or canceled, with associated costs borne by the Merchant.

10. For undelivered orders within 30 calendar days (domestic US or regional EU) or 45 calendar days (international), contact Printram Merchant Support within 1 week for potential reprint/refund eligibility.

11. If tracking shows delivery, but the Merchant or Customer reports non-receipt, a free reprint or refund may be refused after individual investigation by the Merchant Support team.

12. Order delays due to shipping carriers are beyond our control. Printram assumes no liability for delays and doesn’t offer reprints/refunds for shipping delays, except in cases where our Merchant Support team confirms a lost package.