Terms of Service

1. Interpretation and Definitions

Words with an initial capital letter have the meanings set out below. The following definitions have the same meaning whether they appear in the singular or the plural.

• Site means the website located at setupmypod.com and any of its subdomains and pages.
• Services means the done-for-you and done-with-you print-on-demand setup, design, artwork, product upload, store integration, and fulfillment configuration services we offer, together with the Site.
• Package means the specific scope, deliverables, revision allowance, timeline, and price agreed between you and us for a given project, as described on the relevant Site page, in a proposal, in a custom scope document, or in an order confirmation.
• Deliverables means the artwork, mockups, product listings, copy, store configuration, pages, and other work product we produce for you under a Package.
• Client Materials means anything you provide to us or make available to us, including your niche brief, brand assets, logos, designs, images, text, product ideas, store data, and account access.
• Third-Party Platform means any service operated by someone other than us that your project depends on, including ecommerce platforms (such as Shopify), print-on-demand suppliers and fulfillment providers (such as Printify or Printful), payment processors, domain registrars, app vendors, and advertising or analytics platforms.

2. Service Overview and Scope

SetupMyPOD is a service business. We help you plan, build, and prepare a print-on-demand store for launch. Depending on the Package you purchase, this may include niche research, brand direction, custom artwork, product mockups, store setup and theme configuration, collection structure, product uploads and listing copy, print-on-demand supplier connection, shipping and app configuration, policy pages, and a launch walkthrough.

To be explicit about what we are not:

• We are not a manufacturer, printer, or fulfillment provider. We do not print, pack, or ship products.
• We are not a merchant of record for your store. We do not take your customers' orders or process their payments.
• We are not an ecommerce platform. Your store runs on a Third-Party Platform under your own account.
• We do not provide legal, tax, accounting, or financial advice. Policy pages and other documents we prepare are starting drafts for your review, not legal advice.

The exact scope of any engagement is what is stated in your Package. Anything not stated in your Package is out of scope and may require a separate agreement and fee.

3. Eligibility

You must be at least 18 years old and legally capable of entering into a binding contract to use the Services. If you are ordering on behalf of a company or other entity, you represent that you are authorized to bind that entity, and "you" refers to that entity.

The Services are not directed to children. We do not knowingly provide Services to anyone under 18.

4. Applications, Quotes, and Orders

Submitting an application, intake form, or booking request is a request for service, not a completed order. No contract is formed until we accept your project and you have paid the agreed fee (or the agreed first installment).

We may decline any application at our discretion, including where the project falls outside our capacity, the niche is restricted under Section 12, or we do not believe we can deliver a good outcome. Prices, promotional offers, bonuses, and available slots displayed on the Site may change at any time before your order is accepted.

We reserve the right to correct any error, inaccuracy, or omission on the Site, including in pricing and service descriptions, and to cancel an order placed in reliance on an obvious error.

5. Your Responsibilities

Our work depends on your input. You agree to:

• Provide complete, accurate, and timely information, including your niche, product direction, brand preferences, and any assets we request.
• Respond to questions, drafts, and approval requests within a reasonable time.
• Hold all rights necessary to the Client Materials you give us, and ensure they do not infringe anyone's copyright, trademark, publicity, or other rights.
• Review and approve Deliverables before launch, including product listings, pricing, policy pages, and any AI-assisted or automatically generated content.
• Open and maintain your own accounts with Third-Party Platforms in your own name, and comply with their terms.
• Comply with all laws that apply to your store, including consumer protection, labeling, advertising, tax, and privacy laws in the places you sell.

If you do not provide what we need, timelines will extend accordingly. If a project stalls on your side for more than 60 days after our last request for information, we may close it as delivered to the extent of the work completed, without a refund.

6. Third-Party Platforms and Suppliers

Your store depends on Third-Party Platforms that we do not own or control. We configure and connect them on your behalf, but we are not responsible for their availability, pricing, policies, approval decisions, print quality, production times, shipping times, account suspensions, or changes to their features or APIs.

Third-party costs are not included in your Package unless your Package says so in writing. You are responsible for your own ecommerce platform subscription, domain registration, paid apps and themes, supplier and production costs, payment processing fees, and any advertising spend.

Some setup steps require identity or business verification that only you can complete, such as payment provider onboarding and payout details. We can guide you through these steps, but we cannot complete them for you.

7. Fees, Payment, and Taxes

Fees are stated on the relevant Site page or in your Package. Unless stated otherwise, fees are quoted in US dollars and are due in full before work begins. For larger or custom engagements we may agree an installment schedule in writing.

Payments are handled by third-party payment processors. We do not store your full payment card details. You agree to provide current, complete, and accurate billing information and authorize the charge of all fees for your Package.

Fees are exclusive of taxes. You are responsible for any sales, use, VAT, GST, or similar taxes and duties, other than taxes on our income.

Promotional pricing, launch offers, bundled bonuses, and discounts apply only to the order in which they are claimed and cannot be applied retroactively. If a payment fails, is reversed, or is charged back, we may suspend work and withhold Deliverables until the amount is settled.

8. Refunds and Cancellations

Our Services are custom work delivered by people. Once we have begun work on your project, fees are generally non-refundable, because time and creative effort have already been spent on your behalf.

The following applies:

• Before work begins. If you cancel before we have started work on your project, we will refund what you paid, less any non-recoverable third-party costs already incurred on your behalf.
• After work begins. If you cancel once work has started, we may retain a portion of the fee reflecting the work completed and the resources reserved for your project.
• Specific guarantees. Where a specific written guarantee is stated for a service on the Site or in your Package, that guarantee applies on its stated terms and prevails over this Section for the matter it covers.
• Not grounds for refund. Change of mind about your niche or business plan, failure to launch or market the store, absence of sales, or a decision by a Third-Party Platform that is outside our control.

Nothing in this Section limits any refund right you have that cannot be waived under the law that applies to you. To request a refund or discuss a concern, contact us at hello@setupmypod.com before initiating a chargeback so we have the chance to resolve it.

9. Timelines and Delivery

Any timeline we quote is an estimate, not a guarantee. Delivery speed depends on your Package, the number of products and designs involved, the complexity of the integrations, and how quickly you supply information and approvals.

Deliverables are typically handed over inside your own store or account, or by file transfer. We are not responsible for delays caused by you, by a Third-Party Platform, or by events described in Section 27.

10. Revisions and Acceptance

Your Package states how many rounds of revision are included. Revisions are intended to correct errors, refine presentation, and align Deliverables with the brief agreed at the start of the project.

A change to the agreed direction, niche, product mix, or scope after work has begun is a new request, not a revision, and may require additional time and fees. Additional revisions beyond your included allowance are available at our then-current rates.

Deliverables are treated as accepted when you approve them, or if you do not provide feedback within 14 days of delivery, whichever comes first.

11. Ownership of Deliverables and Client Materials

You own your store. Your ecommerce account, domain, product listings, customer data, and supplier accounts are yours. We help build them; they belong to you.

You own your Client Materials. You retain all rights in the materials you provide. You grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display them for the limited purpose of performing the Services and, subject to Section 15, for portfolio and marketing use.

Deliverables. Upon full payment of the fees for your Package, we assign to you the rights we hold in the Deliverables created specifically for you, so that you may use, modify, and sell products based on them.

Our background materials. We retain all rights in our own methods, processes, templates, checklists, training material, internal tooling, and any general know-how and reusable components we use across projects. Nothing in these Terms transfers those to you, though you receive a non-exclusive license to use them as embedded in your Deliverables for your own business.

Stock and licensed assets. Fonts, stock images, themes, apps, and similar assets remain subject to their own licenses, which pass to you on their own terms.

12. Prohibited Uses and Restricted Niches

You may not use the Services to build, promote, or sell anything that is unlawful or that we consider harmful. We do not take on projects involving:

• Illegal goods or services, or goods that cannot lawfully be sold in your market.
• Hateful, harassing, or discriminatory content, or content that glorifies violence.
• Adult or sexually explicit material.
• Infringing designs, counterfeit goods, or unlicensed use of third-party trademarks, characters, logos, or likenesses.
• Weapons, controlled substances, and other categories restricted by our suppliers or Third-Party Platforms.
• Deceptive claims, fraudulent schemes, or anything intended to mislead consumers.

In relation to the Site itself, you may not attempt to gain unauthorized access to it, interfere with its operation, scrape or harvest data from it, introduce malicious code, or use it in a way that violates any applicable law. We may refuse or stop work, and terminate under Section 20, if a project falls into a restricted category.

13. No Guarantee of Results

We do not guarantee sales, traffic, revenue, or profit. Our role is to build a store that is ready to launch and to give you a stronger starting point than doing it alone.

Commercial outcomes depend on factors outside our control, including your niche, product demand, pricing, marketing, advertising budget, content, consistency, competition, and market conditions. Any figures, examples, testimonials, case studies, or earnings shown on the Site illustrate what some clients have experienced and are not a promise or projection of your results.

14. Feedback

If you send us suggestions, ideas, or feedback about the Services, you grant us a perpetual, irrevocable, worldwide, royalty-free right to use and act on them without restriction, attribution, or compensation. You are not required to send us feedback.

15. Testimonials, Case Studies, and Portfolio Use

We may reference completed work in our portfolio and marketing, including screenshots of designs and store layouts, unless you ask us in writing not to. We will honor a written request to stop using your project in future marketing materials.

If you voluntarily provide a testimonial, review, or case study, you grant us permission to publish it along with your first name, general location, and store or brand name. Where a Package is offered at a reduced rate in exchange for a testimonial or case study, that condition is part of the agreed scope.

16. Confidentiality

Each party may receive non-public information from the other in the course of a project. Both parties agree to use such information only for the purpose of the engagement and to protect it with reasonable care. This does not apply to information that is public through no fault of the receiving party, was already known to it, is independently developed, or must be disclosed by law.

17. Account Access and Credentials

Some Services require access to your accounts on Third-Party Platforms. Where possible, grant us access through the platform's own staff, collaborator, or delegated-access features rather than by sharing your password.

You are responsible for the security of your own accounts, for the access you grant, and for revoking access when a project ends. We will use your access only to perform the Services. We are not liable for loss arising from credentials you choose to share, from access you leave active after a project ends, or from a compromise of your own accounts or devices.

18. Privacy and Data

Our handling of personal information is described in our Privacy Policy, which forms part of these Terms. Our use of cookies and similar technologies on the Site is described in our Cookie Policy.

Where your store collects personal information from your own customers, you are the controller of that information and you are responsible for your own privacy compliance, including your store's privacy notice, cookie banner, and responses to customer requests. We do not operate your store after handover and do not process your customers' order data on your behalf unless separately agreed in writing.

19. Communications and Electronic Records

By providing your email address or phone number, you consent to receive service-related communications about your project, including intake questions, drafts, approvals, and delivery notices. These are part of the Services and cannot be opted out of while a project is active.

You may separately receive marketing messages, which you can unsubscribe from at any time using the link in the message or by emailing us. You agree that electronic communications, records, and approvals satisfy any legal requirement that such records be in writing, and that your electronic acceptance constitutes your signature.

20. Term, Suspension, and Termination

These Terms apply from the moment you first use the Site and continue while any project is active and thereafter as to the provisions that by their nature survive.

We may suspend or terminate an engagement, refuse access to the Site, and stop work immediately, without notice, if you breach these Terms, if a project falls within Section 12, if payment fails or is reversed, if you behave abusively toward our team, or if we are required to do so by law or by a Third-Party Platform.

You may stop using the Site at any time and may cancel a project subject to Section 8. On termination, rights in Deliverables transfer only to the extent fees for the completed work have been paid. We may delete project files and working materials after a reasonable period following completion or termination, so keep your own copies of anything you need.

21. Changes to the Site and Services

We may change, suspend, or discontinue any part of the Site or any service offering at any time, including Packages, pricing, and promotional bonuses. We are not liable to you or anyone else for doing so. We do not guarantee the Site will be available uninterrupted or error-free, and we may take it offline for maintenance without notice.

22. "As Is" and "As Available" Disclaimer

THE SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE MAKE NO WARRANTY THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ANY CONTENT IS ACCURATE OR COMPLETE. WE MAKE NO WARRANTY REGARDING ANY THIRD-PARTY PLATFORM OR SUPPLIER, OR ANY PRODUCT PRODUCED BY THEM. Some jurisdictions do not allow the exclusion of implied warranties, so some of these exclusions may not apply to you.

23. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, SALES, GOODWILL, BUSINESS OPPORTUNITY, OR DATA, ARISING OUT OF OR RELATED TO THE SITE OR THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SITE OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) USD $100.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of these limitations may not apply to you. Nothing in these Terms excludes liability that cannot lawfully be excluded.

24. Indemnification

You agree to defend, indemnify, and hold harmless SetupMyPOD and its owners, officers, employees, and contractors from any claim, demand, loss, liability, damage, or expense (including reasonable legal fees) arising out of or related to: your Client Materials; your use of the Deliverables; the operation of your store and your dealings with your customers; your breach of these Terms or of any Third-Party Platform's terms; or your violation of any law or of any third party's rights, including intellectual property rights.

We reserve the right to assume the exclusive defense of any matter subject to indemnification by you, at your expense, and you agree to cooperate with that defense.

25. Export Controls and Sanctions

You represent that you are not located in, and are not a national or resident of, any country subject to a comprehensive US embargo, and that you are not named on any restricted-party or sanctions list. You agree not to use the Services in violation of any applicable export control or sanctions law.

26. Governing Law and Dispute Resolution

These Terms and your use of the Services are governed by the laws of the State of Delaware, without regard to its conflict of law principles.

Informal resolution first. If a dispute arises, you agree to contact us first at hello@setupmypod.com and to attempt in good faith to resolve it informally for at least 30 days before starting any formal proceeding. Most concerns are resolved at this stage.

Binding arbitration. If a dispute is not resolved informally, it will be finally resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules and, where applicable, its Supplementary Procedures for Consumer Related Disputes. The arbitration will be conducted in English, and may proceed by written submissions, telephone, or online. Judgment on the award may be entered in any court of competent jurisdiction.

YOU AND WE EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION. Disputes must be brought individually.

Exceptions. Either party may bring an individual claim in small claims court, and either party may seek injunctive relief in court to protect its intellectual property or confidential information. If the arbitration provision is found unenforceable as to a dispute, that dispute will be decided by the state or federal courts located in Delaware, and both parties consent to that jurisdiction and venue.

Any claim must be brought within one year after it arises, or it is permanently barred, except where a longer period is required by law. If the law of your country of residence gives you the right to bring proceedings in your local courts or to rely on mandatory local consumer protections, nothing in this Section removes that right.

27. Force Majeure

We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including acts of nature, war, civil unrest, labor disputes, government action, epidemics, power or internet failures, platform or supplier outages, and cyberattacks.

28. Assignment and Subcontracting

You may not assign or transfer these Terms or any project without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets, and we may use vetted contractors and subcontractors to perform parts of the Services. We remain responsible for work performed on our behalf.

29. Severability, Waiver, and Entire Agreement

If any provision of these Terms is held invalid or unenforceable, it will be modified to the minimum extent necessary or severed, and the remaining provisions will remain in full force. Our failure to enforce any right or provision is not a waiver of it.

These Terms, together with your Package or custom scope, our Privacy Policy, and our Cookie Policy, are the entire agreement between you and us regarding the Services and supersede any prior discussions. Where a signed custom scope conflicts with these Terms, the custom scope prevails for that project.

Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between us. These Terms will not be construed against the drafting party.

30. Changes to These Terms

We may update these Terms from time to time. The "Last updated" date at the top shows when the current version took effect. Material changes will be posted on this page, and your continued use of the Site or Services after that date means you accept the updated Terms. The version in effect when your project was accepted governs that project.

31. Contact Us

If you have questions about these Terms, or need to raise a concern about the Services, contact us at:

SetupMyPOD — hello@setupmypod.com