Terms of Service

1. About These Terms

1.1These Terms of Service (these “Terms”) are between MakeMyMerch, operating at makemymerch.shop (“Company,” “we” or “us”), and each person or business that uses our website or signs up for a store (“you”).

1.2You accept these Terms by using our website or by checking the box at sign up. If you don’t agree, please don’t use our website or services.

2. Who May Use Our Services

Our services are for businesses. By signing up, you confirm that you are at least 18, that you are signing up for a business, and that you have authority to accept these Terms for that business.

3. Your Sign Up Information

3.1You agree to give us accurate business and contact information and to tell us promptly if it changes.

3.2We may review sign ups and may decline to set up a store for any lawful reason.

4. Our Services and the Dropship Agreement

4.1We provide online merchandise stores on subdomains of makemymerch.shop, and we print and drop ship custom products for merchants.

4.2The Dropship Agreement governs stores, orders, billing, production, shipping and cancellation. If it conflicts with these Terms, the Dropship Agreement controls.

5. Payments

We are not a payment provider. You must have your own merchant processing account to accept payments through your store. Your processor’s services are governed by your agreement with that processor.

6. Acceptable Use

6.1You may not use our website or services to sell or promote anything unlawful, to infringe the rights of others, to mislead or defraud anyone, or to promote hatred, harassment or violence.

6.2You may not attempt to disrupt our website, gain unauthorized access to it or to other merchants’ information, or use automated tools to extract its content without our permission.

7. Intellectual Property

7.1Our website, including its text, design and software, belongs to us or our licensors. You may use it only to learn about and use our services.

7.2You keep ownership of your logos, slogans and artwork. The Dropship Agreement describes the permission you give us to use them.

7.3Product brand names belong to their owners. Using them does not mean those owners endorse or are affiliated with us. Sample designs and business names on our website are made up.

8. Information We Collect

8.1We collect the information you give us at sign up, including business details, contact details, your website and your merchant processor. We also keep a record of your acceptance, including its date and time, your IP address and your browser information.

8.2We use this information to review your sign up, set up and run your store, connect your processor, communicate with you, keep records and meet legal obligations.

8.3We do not sell this information. We share it only as needed with service providers, suppliers, carriers and your processor to provide our services, or when the law requires it.

9. Suspension and Closing Your Account

We may suspend or end your access to our website or services at any time, including if we believe you have violated these Terms. You may stop using them at any time. Cancellation of the Dropship Agreement is handled as that agreement describes.

10. Disclaimer of Warranties

OUR WEBSITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE EXTENT THE LAW ALLOWS, AND EXCEPT AS STATED IN THE DROPSHIP AGREEMENT, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT PROMISE THAT OUR WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE.

11. Limitation of Liability

TO THE EXTENT THE LAW ALLOWS, WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR LOST SALES. OUR TOTAL LIABILITY UNDER THESE TERMS IS LIMITED TO THE AMOUNTS YOU PAID US IN THE THREE (3) MONTHS BEFORE THE CLAIM AROSE. LIABILITY FOR AN ORDER IS GOVERNED BY THE DROPSHIP AGREEMENT.

12. Indemnification

You will defend, indemnify and hold us harmless from third-party claims, losses and reasonable legal fees arising from your use of our services, your content, or your violation of these Terms.

13. Changes to These Terms

We may update these Terms by posting a new version on this page. Changes apply from the date shown on the updated version. For material changes, we will also notify merchants by email.

14. General Terms

14.1These Terms are governed by the laws of the State of Wyoming, without regard to its conflict-of-laws rules. Any dispute will be brought in the state or federal courts located in Wyoming.

14.2If any part of these Terms is found unenforceable, the rest remains in effect. A failure to enforce a term is not a waiver of that term. You may not assign these Terms without our written consent.

14.3Questions about these Terms can be sent to hello@makemymerch.shop.