Terms of Service

Welcome to MerchMe. Please read these Terms of Service ("Terms") carefully before using the MerchMe mobile application (the "Service" or "App"). By downloading, accessing, or using the App, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Service.

1. Description of Service

MerchMe provides an automated user-directed mobile printing utility tool. The App allows individual users to upload their personal photographs, digital images, or graphics ("User Content") from their devices to format, preview, and transmit to third-party print-on-demand fulfillment providers (our "Printing Partners") to manufacture custom physical merchandise for strictly personal use.

2. No-Account, Transaction-Based Service

MerchMe does not require users to create an account, password, or profile to utilize the printing utility.

• Data Transmission: Because we do not store customer accounts, your order data, shipping details, and User Content are processed transiently to execute your request.
• Device Responsibility: You are entirely responsible for maintaining the security of your mobile device. Any order placed through your device will be treated as authorized by you.

3. User Content & Intellectual Property Warranties

Because MerchMe operates as a fully automated technical conduit and printing tool, we do not manually pre-screen, monitor, review, or edit User Content. By uploading any User Content to the Service, you represent, warrant, and covenant that:

1. Ownership and Permissions: You are the sole legal owner of all rights, titles, and interests in the User Content, or you possess explicit, valid, written legal permission, license, or clearance from the rightful copyright or trademark owner to print the User Content for personal use.
2. No Infringement: The User Content does not infringe, violate, or misappropriate any copyright, trademark, patent, trade secret, privacy right, publicity right, or any other proprietary or intellectual property right of any third party.
3. No Commercial Resale: The App is explicitly intended as a private, print-for-yourself utility. You agree that you will not use MerchMe to manufacture bootleg, counterfeit, or unlicensed trademarked goods intended for unauthorized commercial distribution, public sale, or resale.

4. Indemnification & Release of Liability

You agree to defend, indemnify, and hold harmless MerchMe, its parent companies, subsidiaries, affiliates, officers, directors, employees, and backend manufacturing partners (including Gelato) from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or relating to:

• Your violation of these Terms.
• Any third-party claim that your User Content infringes upon or violates any intellectual property, proprietary, or privacy rights.
• Our backend manufacturing partners processing, printing, or shipping the User Content exactly as submitted by you.

5. Automated Fulfillment and Third-Party API Role

MerchMe utilizes automated Application Programming Interfaces (APIs) to route your finalized order and User Content directly to our backend manufacturing and fulfillment partner, Gelato.

• Blind Manufacturing: You acknowledge that Gelato operates as a blind manufacturer. They print payloads exactly as received from our API without manual legal review.
• Order Modifications: Once an order is submitted and payment is processed, the data is instantly transmitted to fulfillment networks. We cannot cancel, intercept, or modify your image files or shipping details after submission.

6. DMCA and Intellectual Property Takedown Policy

MerchMe respects the intellectual property rights of others. Since all User Content is private and transmitted directly to automated manufacturing lines without public display, MerchMe acts as a transient digital conduit under Safe Harbor provisions. However, if a rights holder discovers that an unauthorized manufacturing job was initiated through our utility, they may report the violation to our Designated Copyright Agent at: legal@getmerchme.com.

Upon receipt of a valid, sworn DMCA notice, we will take immediate operational steps to block the corresponding file fingerprints, metadata identifiers, or origin devices from initiating future automated print payloads through our API.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MERCHME OR ITS FULFILLMENT PARTNERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, ARISING OUT OF YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MERCHME’S TOTAL AGGREGATE LIABILITY FOR ANY CLAIMS ARISING UNDER THESE TERMS SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO MERCHME FOR THE SPECIFIC ORDER GIVING RISE TO THE LIABILITY.

8. Governing Law & Jurisdiction

These Terms and any dispute arising out of or related to them shall be governed by and construed in accordance with the laws of the State of Kentucky (or your chosen business state), without regard to its conflict of law principles. Any legal action or proceeding arising under these Terms shall be brought exclusively in the federal or state courts located in that jurisdiction.

9. Changes to Terms

We reserve the right to modify these Terms at any time by posting an updated version within the App. Your continued use of the App following any changes constitutes your binding acceptance of the updated Terms.