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Last updated: January 15, 2024
Welcome to ELEMFY. These Terms of Service ("Terms") govern your access to and use of our website, platform, and services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy.
If you are using our Services on behalf of a business or other entity, you represent that you have the authority to bind that entity to these Terms. If you do not agree to these Terms, please do not use our Services.
You must be at least 18 years old (or the age of legal majority in your jurisdiction) to use our Services. By using ELEMFY, you represent and warrant that you meet this age requirement.
ELEMFY provides a print-on-demand platform that enables users to create, customize, and sell products. Our Services include:
We reserve the right to modify, suspend, or discontinue any part of our Services at any time, with or without notice.
To access certain features of our Services, you must create an account. You agree to provide accurate, current, and complete information during registration and to update this information as necessary.
You are responsible for:
We may suspend or terminate your account at any time if we believe you have violated these Terms, engaged in fraudulent activity, or for any other reason at our sole discretion. You may also close your account at any time by contacting our support team.
"User Content" refers to any designs, images, text, logos, or other materials you upload, create, or submit through our Services. You retain ownership of your User Content, but by submitting it, you grant ELEMFY a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display your User Content solely for the purpose of providing our Services.
You represent and warrant that:
We reserve the right to review, remove, or refuse to display any User Content that we believe violates these Terms, our content policies, or applicable law. We are not obligated to monitor User Content but may do so at our discretion.
The ELEMFY name, logo, website, platform, software, and all related intellectual property are owned by ELEMFY, Inc. and are protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works based on our intellectual property without our express written permission.
Our Services may include content from third parties (product images, mockups, fonts, etc.). Such content is the property of its respective owners and is subject to their licensing terms.
We respect intellectual property rights and respond to notices of alleged infringement in accordance with the Digital Millennium Copyright Act (DMCA). If you believe your copyrighted work has been infringed, please contact us at legal@podify.com with the required DMCA notice information.
You agree not to engage in any of the following prohibited activities:
Product prices are displayed on our platform and are subject to change. Prices do not include shipping costs or applicable taxes, which will be calculated at checkout. We reserve the right to correct pricing errors.
All payments are processed through secure third-party payment processors. By placing an order, you authorize us to charge your selected payment method for the total order amount. We do not store your complete payment card information on our servers.
Due to the custom nature of print-on-demand products, we generally do not accept returns or provide refunds for buyer's remorse. However, we will provide a replacement or refund if:
Refund requests must be submitted within 30 days of delivery with photographic evidence of the issue.
OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. We disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
We do not warrant that:
You use our Services at your own risk. We are not responsible for any loss of data, business interruption, or other damages arising from your use of our Services.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PODIFY AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from:
In no event shall our total liability exceed the greater of (a) the amount you paid to ELEMFY in the 12 months preceding the claim, or (b) $100 USD.
Before initiating any formal legal action, you agree to first attempt to resolve any dispute informally by contacting us at legal@podify.com. We will try to resolve the dispute within 30 days.
If informal resolution is unsuccessful, you agree that any dispute, claim, or controversy arising out of or relating to these Terms or our Services shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules.
YOU AGREE THAT ANY CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.
We may update these Terms from time to time. When we make material changes, we will notify you by email (if you have an account) and/or by posting a prominent notice on our website. The updated Terms will be effective upon posting.
Your continued use of our Services after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using our Services.
We encourage you to review these Terms periodically to stay informed of any updates.
If you have any questions about these Terms of Service, please contact us:
ELEMFY, Inc.
123 Market Street, Suite 400
San Francisco, CA 94105
Email: legal@podify.com
Phone: +1 (888) 123-4567