Terms of Service

Last updated: January 1, 2024

1. Acceptance of Terms

By downloading, accessing, or using the Custom Tees mobile application ("App") and services ("Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use our App or Services.

These Terms constitute a legally binding agreement between you and Custom Tees Inc. ("Company," "we," "us," or "our").

2. Eligibility

To use our Services, you must:

• Be at least 13 years of age
• Have the legal capacity to enter into a binding agreement
• Not be prohibited from using our Services under applicable law
• Provide accurate and complete registration information

If you are under 18, you must have parental or guardian consent to use our Services.

3. Account Registration

3.1 Account Creation

To access certain features, you must create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and update your information
• Keep your password secure and confidential
• Notify us immediately of any unauthorized access
• Be responsible for all activities under your account

3.2 Account Termination

We reserve the right to suspend or terminate accounts that:

• Violate these Terms
• Engage in fraudulent activities
• Remain inactive for extended periods
• Pose security risks to our Services

4. Use of Services

4.1 Permitted Use

You may use our Services to:

• Design custom t-shirts for personal or commercial use
• Place orders for printed products
• Save and manage your designs
• Share designs with others (subject to intellectual property rights)

4.2 Prohibited Use

You may not:

• Use the Services for illegal purposes
• Upload content that infringes intellectual property rights
• Upload offensive, harmful, or inappropriate content
• Attempt to hack, disrupt, or damage our Services
• Use automated systems to access our Services
• Resell or redistribute our Services without permission
• Impersonate others or provide false information
• Violate any applicable laws or regulations

5. Content and Intellectual Property

5.1 Your Content

You retain ownership of designs and content you create ("User Content"). By using our Services, you grant us a worldwide, non-exclusive, royalty-free license to:

• Process and print your designs on products
• Display your designs for order processing
• Store your designs for your future use
• Create backups for service reliability

5.2 Content Responsibility

You are solely responsible for your User Content. You represent and warrant that:

• You own or have rights to use all content you upload
• Your content does not infringe any third-party rights
• Your content complies with all applicable laws
• Your content does not contain viruses or malicious code

5.3 Our Intellectual Property

The App, Services, and all related content (excluding User Content) are owned by Custom Tees Inc. and protected by intellectual property laws. You may not:

• Copy, modify, or distribute our proprietary content
• Use our trademarks without permission
• Reverse engineer our App or Services
• Remove copyright or proprietary notices

6. Orders and Payments

6.1 Pricing

Prices are displayed in USD and subject to change. The price at the time of order placement is final. Prices include:

• Base product cost
• Printing and customization fees
• Applicable taxes (calculated at checkout)
• Shipping fees (displayed separately)

6.2 Payment Processing

We use third-party payment processors. By providing payment information, you:

• Authorize us to charge the specified amount
• Confirm that you are authorized to use the payment method
• Agree to the payment processor's terms

6.3 Order Acceptance

Order placement does not guarantee acceptance. We reserve the right to:

• Reject orders for any reason
• Cancel orders due to pricing errors
• Request additional verification
• Limit order quantities

7. Shipping and Delivery

We aim to process and ship orders promptly. However:

• Delivery times are estimates only
• We are not liable for shipping delays
• Risk of loss passes to you upon delivery to carrier
• You are responsible for providing accurate shipping information

8. Returns and Replacements

8.1 No Return Policy

All custom products are made-to-order based on your specifications and are non-returnable and non-refundable, except in the following cases:

• Defective or damaged products due to manufacturing issues
• Incorrect products shipped (not matching your order)
• Print quality issues or printing defects
• Missing items from your order

We do not accept returns for:

• Buyer's remorse or change of mind
• Incorrect size ordered by customer
• Customer design errors or typos
• Color variations due to monitor differences
• Normal wear and tear after use

8.2 Replacement Process

If you receive a defective product or there's an error on our part, please contact us within 30 days of delivery with photos of the issue. We will send a replacement at no additional cost to you. Replacements are typically processed within 3-5 business days.

9. Disclaimers and Limitations

9.1 Service Availability

We strive for continuous availability but do not guarantee uninterrupted service. The Services are provided "as is" and "as available."

9.2 Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING:

• MERCHANTABILITY
• FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT
• ACCURACY OR RELIABILITY OF SERVICES

9.3 Limitation of Liability

IN NO EVENT SHALL CUSTOM TEES BE LIABLE FOR:

• INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
• LOST PROFITS OR REVENUE
• LOSS OF DATA OR CONTENT
• DAMAGES EXCEEDING THE AMOUNT PAID FOR THE SPECIFIC ORDER

10. Indemnification

You agree to indemnify, defend, and hold harmless Custom Tees Inc., its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from:

• Your use of the Services
• Your User Content
• Your violation of these Terms
• Your violation of any third-party rights
• Your violation of applicable laws

11. Dispute Resolution

11.1 Arbitration Agreement

Any disputes arising from these Terms or your use of the Services shall be resolved through binding arbitration, except where prohibited by law.

11.2 Class Action Waiver

You waive any right to bring claims as a plaintiff or class member in any purported class or representative proceeding.

12. Governing Law

These Terms are governed by the laws of California, United States, without regard to conflict of law principles. Any legal proceedings shall be brought in the courts of California.

13. Privacy

Your use of our Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand how we collect and use your information.

14. Third-Party Services

Our Services may contain links to or integrate with third-party services. We are not responsible for:

• The content or practices of third parties
• Any transactions with third parties
• Third-party terms and policies

15. Modifications to Terms

We reserve the right to modify these Terms at any time. Changes become effective when posted. Continued use after modifications constitutes acceptance of the revised Terms.

We will notify you of material changes through:

• App notifications
• Email to registered users
• Prominent notice in the App

16. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

17. Entire Agreement

These Terms, together with our Privacy Policy and any other posted policies, constitute the entire agreement between you and Custom Tees Inc.

18. Assignment

You may not assign or transfer your rights under these Terms. We may assign our rights to any successor or acquirer.

19. Force Majeure

We shall not be liable for any failure to perform due to causes beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, or acts of civil or military authorities.

20. Contact Information

For questions about these Terms of Service, please contact us at:

• Email: legal@custom-tees.app
• Phone: 1-800-CUSTOM-T
• Mail: Custom Tees Inc., Legal Department, 123 Design Street, Creative City, CA 90210

21. Electronic Communications

By using our Services, you consent to receive electronic communications from us. These may include notices about your account, updates to Terms, and promotional materials (subject to your preferences).

22. Survival

Provisions that by their nature should survive termination of these Terms shall survive, including but not limited to intellectual property rights, disclaimers, indemnification, and limitation of liability.