Terms of Service

You must be at least 18 years old and have the legal capacity to enter into these Terms.

You are responsible for all activities that occur under your Account and must keep your credentials secure.

You agree to use the Platform lawfully and not to:

• Violate any applicable local, state, national, or international laws or regulations
• Infringe upon intellectual property rights, privacy rights, or other rights of others
• Use the Platform for fraudulent, deceptive, or illegal purposes
• Transmit any viruses, malware, or other malicious code
• Attempt to gain unauthorized access to the Platform or related systems
• Reverse engineer, decompile, disassemble, or extract source code
• Use automated means (bots, scrapers) beyond permitted API usage
• Interfere with or disrupt the integrity or performance of the Services
• Resell, rent, lease, or sublicense access to the Services
• Remove, alter, or obscure any proprietary notices on the Platform
• Use the Services to create a competing product or service

You are solely responsible for complying with all terms of service, policies, and rules of any integrated marketplace (e.g., Etsy, TikTok Shop, Shopify) and POD provider (e.g., Printful, Printify, Gelato).

Subscription fees are billed in advance on a recurring basis (monthly or annually) and are generally non-refundable except as required by law or as expressly stated in these Terms. All fees are in U.S. Dollars unless otherwise specified. You authorize us to charge your payment method for all fees incurred under your account.

We may offer a free trial period of 7-14 days depending on your plan. No credit card is required for the trial period. We reserve the right to modify or discontinue free trials at any time. If you do not cancel before the end of your trial period, your subscription will automatically convert to a paid subscription at the then-current rates.

Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date. You can cancel your subscription at any time through your account settings. Cancellations take effect at the end of the current billing period, and you will retain access to the Services until that date.

We reserve the right to change our pricing at any time. We will provide you with at least 30 days' advance notice of any price changes. Your continued use of the Services after the price change takes effect constitutes your agreement to pay the modified amount.

We use third-party payment processors (such as Stripe) to handle payment processing. You agree to comply with their terms and conditions. We do not store your complete credit card information on our servers.

If a payment fails, we will attempt to notify you and may suspend or terminate your access to the Services. You are responsible for providing current, complete, and accurate billing information and for updating it promptly if it changes.

All fees are exclusive of applicable federal, state, local, or foreign taxes, levies, or duties. You are responsible for paying all applicable taxes associated with your use of the Services.

The Platform and its original content, features, and functionality are owned by PodKit and protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You may not copy, modify, distribute, sell, or lease any part of our Services without our express written permission.

You retain all ownership rights to your original content, including product listings, images, descriptions, and other materials you upload or create using the Services. You grant us a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use, reproduce, modify, adapt, publish, and display your content solely as necessary to provide and improve the Services.

You represent and warrant that: (a) you own or have the necessary rights to your content; (b) your content does not infringe any third-party intellectual property rights; and (c) your content complies with these Terms and all applicable laws.

If you provide us with any feedback, suggestions, or ideas about the Services ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, incorporate, and exploit such Feedback for any purpose without compensation or attribution to you.

Your variants will sync reliably every time. If you experience sync failures, we'll manually recreate them within 2 hours—free.

Manual edits you've locked will persist across syncs and updates. If we fail to protect them, we'll restore affected listings free and credit you a full month.

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE. WE DO NOT GUARANTEE ANY SPECIFIC BUSINESS OUTCOMES, SALES, REVENUE, OR THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PODKIT, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your use or inability to use the Services
• Unauthorized access to or alteration of your data
• Third-party conduct or content on the Services
• Any marketplace account suspensions or listing removals
• Loss of sales or business opportunities

OUR TOTAL LIABILITY FOR ANY CLAIMS RELATED TO THE SERVICES IS LIMITED TO THE GREATER OF $100 USD OR THE AMOUNT OF FEES YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

We are not responsible for any issues, limitations, or changes imposed by third-party platforms (Etsy, TikTok Shop, Shopify, Printful, Printify, Gelato) including but not limited to account suspensions, API changes, policy violations, or service interruptions. You acknowledge that your use of third-party platforms is subject to their respective terms and policies.

You may cancel your subscription at any time through your account settings or by contacting us at legal@podkit.co. The cancellation will take effect at the end of the current billing period, and you will not be charged for subsequent periods.

We may suspend or terminate your account and access to the Services immediately, without prior notice or liability, for any reason, including but not limited to:

• Breach of these Terms
• Fraudulent, illegal, or harmful activities
• Extended periods of inactivity
• Failure to pay fees when due
• At our discretion if we cease to provide the Services

Upon termination, your right to use the Services will immediately cease. We may delete your data within 30 days of termination unless we are required to retain it by law. You are responsible for exporting your data before termination. We are not liable for any loss of data resulting from termination.

The following sections shall survive termination: Intellectual Property, Disclaimers and Limitations, Indemnification, Governing Law, Dispute Resolution, and any other provisions that by their nature should survive.

If you have any dispute with us, you agree to contact us first at legal@podkit.co and attempt to resolve the dispute informally. We will work in good faith to resolve any disputes within 30 days.

If we cannot resolve a dispute informally, you and PodKit agree that any dispute arising out of or relating to these Terms or the Services will be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (AAA). The arbitration will be conducted in Delaware or remotely via video conference. Each party will bear its own costs of arbitration unless otherwise awarded by the arbitrator.

YOU AND PODKIT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless both you and PodKit agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

Notwithstanding the above, either party may bring an individual action in small claims court or seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.