Terms of Service

1. Agreement to Terms

By accessing or using CALDER Design Labs ("we," "our," or "us") website and services, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use our services.

We reserve the right to modify these Terms at any time. Your continued use of our services after any such changes constitutes your acceptance of the new Terms. We will notify you of any material changes by posting the updated Terms on this page.

2. Use of Service

2.1 Eligibility

You must be at least 18 years old to use our services. By using our services, you represent and warrant that you are of legal age to form a binding contract and meet all eligibility requirements.

2.2 Account Registration

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

• Provide accurate, current, and complete information
• Maintain and update your information to keep it accurate
• Maintain the security of your account credentials
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized access

2.3 Prohibited Uses

You agree not to use our services to:

• Violate any laws, regulations, or third-party rights
• Upload, post, or transmit any content that is illegal, harmful, threatening, abusive, or offensive
• Infringe upon intellectual property rights, including copyrights, trademarks, or patents
• Upload content containing viruses, malware, or other harmful code
• Impersonate any person or entity or misrepresent your affiliation
• Interfere with or disrupt our services or servers
• Attempt to gain unauthorized access to our systems
• Use automated systems to access our services without permission

3. Products and Orders

3.1 Product Information

We strive to provide accurate product descriptions, images, and pricing. However, we do not warrant that product descriptions or other content is accurate, complete, reliable, current, or error-free. Products are fulfilled by Printful, and actual products may vary slightly from images.

3.2 Custom Designs

You may create custom designs using our design tools. By submitting a design, you represent and warrant that:

• You own or have the right to use all content in your design
• Your design does not infringe upon any third-party rights
• Your design complies with all applicable laws and our content guidelines
• You grant us a license to use your design for order fulfillment

3.3 Order Acceptance

Your order is an offer to purchase products. We reserve the right to accept or reject any order for any reason, including but not limited to:

• Product availability
• Errors in pricing or product information
• Fraudulent or suspicious activity
• Violation of these Terms

3.4 Pricing and Payment

All prices are in USD unless otherwise stated. We reserve the right to change prices at any time. Payment is processed securely through PayPal. By placing an order, you agree to pay all charges associated with your order, including product prices, shipping costs, and applicable taxes.

3.5 Order Cancellation

Orders cannot be cancelled once production has begun (typically within 24 hours). Custom-designed items cannot be cancelled under any circumstances once the order is placed. If you wish to cancel an order before production begins, contact us immediately.

4. Shipping and Fulfillment

Products are fulfilled and shipped by Printful. Shipping times and costs are calculated at checkout based on your shipping address and selected shipping method. We are not responsible for:

• Delays caused by shipping carriers
• Lost or damaged packages (subject to carrier insurance)
• Customs fees or import duties
• Incorrect shipping addresses provided by you

Production typically takes 2-5 business days, and shipping times vary by location and method. You will receive tracking information once your order ships.

5. Returns and Refunds

Our return and refund policy is detailed in our Returns Policy. Key points:

• All custom-designed products are FINAL SALE and cannot be returned
• Standard items may be returned within 7 days of delivery if unused and in original condition
• Return shipping costs are the customer's responsibility
• Original shipping costs are non-refundable
• Refunds are processed after inspection and approval

6. Intellectual Property

6.1 Our Content

All content on our website, including text, graphics, logos, images, and software, is the property of CALDER Design Labs or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, or create derivative works without our written permission.

6.2 Your Content

You retain ownership of designs you create. However, by submitting content to our platform, you grant us a worldwide, non-exclusive, royalty-free license to:

• Use, reproduce, and display your design for order fulfillment
• Use your design in marketing materials (with your permission)
• Store and process your design on our servers

6.3 Copyright Infringement

We respect intellectual property rights. If you believe your copyright has been infringed, please contact us with a DMCA takedown notice. We will investigate and take appropriate action.

7. Disclaimers

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability and fitness for a particular purpose
• Warranties that our services will be uninterrupted or error-free
• Warranties regarding the accuracy or reliability of content
• Warranties that defects will be corrected

We do not guarantee that our services will meet your requirements or that the quality of any products will meet your expectations.

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, CALDER DESIGN LABS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, or data
• Business interruption
• Cost of substitute goods or services
• Personal injury or property damage

Our total liability for any claims arising from or related to these Terms or our services shall not exceed the amount you paid us in the twelve (12) months preceding the claim.

9. Indemnification

You agree to indemnify, defend, and hold harmless CALDER Design Labs, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorney's fees) arising from your use of our services, violation of these Terms, or infringement of any third-party rights.

10. Termination

We may terminate or suspend your account and access to our services immediately, without prior notice, for any reason, including if you breach these Terms. Upon termination:

• Your right to use our services will immediately cease
• We may delete your account and content
• All provisions of these Terms that should survive termination will remain in effect

You may terminate your account at any time by contacting us or deleting your account through your account settings.

11. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law provisions.

Any disputes arising from or relating to these Terms or our services shall be resolved through binding arbitration in accordance with the rules of [Arbitration Organization], except where prohibited by law. You waive any right to a jury trial or to participate in a class action lawsuit.

12. Miscellaneous

12.1 Entire Agreement

These Terms, together with our Privacy Policy and Returns Policy, constitute the entire agreement between you and CALDER Design Labs regarding your use of our services.

12.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

12.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

12.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms to any third party without your consent.