Terms of use

Last Modified: November 21, 2024

‍

‍Acceptance of the Terms of Use

These terms of use are entered into by and between You and Brand On Demand, Inc., a Delaware corporation (doing business as Supliful) ("Supliful"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, the "Terms of Use"), govern Your access to and use of supliful.com, including any content, functionality, and Services offered on or through supliful.com (the "Website"), whether as a guest or a registered User.

Please read the Terms of Use carefully before You start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to You, You accept and agree to be bound and abide by these Terms of Use and our Privacy Policy. If You do not want to agree to these Terms of Use or the Privacy Policy, You must not access or use the Website.

This Website is offered and available to Users who are 18 years of age or older. By using this Website, You represent and warrant that You are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If You do not meet all of these requirements, You must not access or use the Website.

‍

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time at Our sole discretion. All changes are effective immediately when We post them and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set out in Section K below will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.

Your continued use of the Website following the posting of the revised Terms of Use means that You accept and agree to the changes. You are expected to check this page each time You access this Website so You are aware of any changes, as they are binding on You.

These Terms of Use are a legally binding contract between Supliful and You, the User (as defined below), for the use of the applications, software, products, and services provided by Supliful (collectively, the “Services”).

 

A. Definitions

Terms not defined in this section shall have the meaning provided elsewhere in the Terms of Use.

●       “Account” means a Supliful account opened and operated by Users on the Website using the Services.

●       “Agreement” refers, collectively, to these Terms of Use and all other operating rules, and policies, including our Privacy Policy, IP Policy, and the other procedures that we may publish from time to time on the Website including, but not limited to, regarding shipping, payments, and returns.

●       “Content” refers to content featured or displayed through the Website, including, without limitation text, data, articles, images, photographs, graphics, software, applications, designs, features, and other materials that are available on the Website or otherwise available through the Services.

●       “Customers” refers to individuals or entities that purchase Your Products through a Sales Channel.

●       “Orders” refer to Your Products once they have been purchased by You or Your Customers.

●       “Produced Orders” refer to Orders that have been completed and shipped.

●       “Products” refers to all products offered on the Website.

●       “Providers” refers to the organizations and companies that Supliful partners with in the scope of its Services to offer Products to You.

●       “Sales Channels” refer to the Website (including Stores created by Users therein) and other websites and e-commerce platforms that You use to sell Your Products, including, but not limited to, Shopify and TikTok.

●       “SKU (Stock Keeping Unit)”: refers to a unique alphanumeric code assigned by Us to each product, used to distinguish individual products and facilitate inventory management.

●       “Store” refers to a type of Sales Channel that You create within the Website that You use to sell Your Products.

●       “Third Party Sites” refers to external resources or third-party services or websites not owned or controlled by Supliful.

●       “Us”, “We” and “Our” refers to Supliful, as well as its affiliates, directors, subsidiaries, contractors, licensors, officers, agents, and employees.

●       “User,” “You” and “Your” refers to the individual person, company, or organization that has visited or is using the Website or Services; that accesses or uses any part of an Account; or that directs the use of an Account in the performance of its functions.

●       “User Products” refers to Products created by Users adding Content using the Services.

●       “Your Content” is Content that You create or own.

   

B. General

  1. Except as they may be supplemented by additional terms and conditions, policies, guidelines, or standards, the Agreement constitutes the entire understanding between Supliful and You pertaining to the subject matter hereof and supersedes any and all prior oral or written understandings or agreements between Supliful and You in relation to access to and use of the Services and the Website.
  2. If any provision of these Terms of Use is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.

‍

C. Scope of Services

Supliful is an online private label dropshipping service platform of consumer packaged goods. We partner with various Providers to offer You Products that You can customize with Your Content and sell to Customers. We also maintain and create integrations with different Sales Channels so that Your Products can be easily published to Your Stores. When Your Products are purchased by Customers through a Sales Channel, We are notified and We start working with Providers who will assemble and deliver Your Products to the Customers.

If You choose to use the Services to sell Your Products, Your relationship with Supliful is limited to being that of a consumer and not an employee, agent, joint venture, or partner of Supliful for any reason. You act exclusively on Your own behalf and for Your own benefit, and not on behalf of, or for the benefit of, Supliful.

Supliful may give You access to links to various Third Party Sites. Supliful does not endorse any of these Third Party Sites and does not control them in any manner. These Third Party Sites may be governed by their own terms of use and policies. Supliful is not liable or responsible for the accuracy of such services or their content or products, and You need to take appropriate steps to determine whether accessing a Third Party Site is appropriate and to protect Your personal information and privacy on such Third Party Site.

Due to the nature of the internet, Supliful cannot guarantee uninterrupted access and availability of the Services. We reserve the right to restrict the availability of the Services or certain features if necessary in view of capacity limits or the integrity of Our servers. We also reserve the right to restrict access when performing maintenance measures to ensure the proper working and functioning of the Services. Supliful can improve or modify the Services and may introduce new offerings from time to time.

‍

D. Access to and Use of the Services

  1. You must be at least 18 years old to access and use the Services or to create an Account. By accessing and using the Services, You represent and warrant that You are 18 years of age or older and have the legal capacity and authority to enter into a contract.
  2. If You open an Account on behalf of a company, organization, or other entity, then “You” includes You and that entity, and You represent and warrant that You are authorized to grant all permissions and licenses provided in these Terms of Use and bind the entity to these Terms of Use and that You agree to these Terms of Use on the entity’s behalf.
  3. The access to or use of certain areas and features of the Services may be subject to separate policies, standards or guidelines, or may require that You accept additional terms and conditions. If there is a conflict between these Terms of Use and the terms and conditions applicable to a specific area or feature of the Services, the more specific terms and conditions will apply, unless specified otherwise.
  4. To use our Services, You have to open an Account. Details on how to do so are provided in the next section (Section E).
  5. You understand and agree that You are responsible for paying any and all applicable taxes that may be due as a result of Your use of the Services.

‍

E. Creating and Maintaining an Account

  1. To create an Account, You may be required to provide Supliful with certain personal information, which may include Your full legal name, current address, phone number, email address, and payment information. This information will be held and used in accordance with Supliful’s Privacy Policy. You agree that You will supply accurate and complete information to Supliful and that You will update that information promptly after it changes. You further agree that:

1.1. You shall not create an Account or access the Services if You are under the age of 18;

1.2. You shall not have more than one Account at any given time, and shall not create an Account using a false identity or information, or on behalf of someone other than Yourself or Your entity, which has provided You authorization to create the Account on its behalf;

1.3. You shall not have an Account or use the Services if an earlier Account registered by You has been previously closed by Supliful;

1.4. We may reject Your Account registration or cancel and close an existing Account for any reason at Our sole discretion; and

1.5. We will use the email address You provide as the primary method of communication regarding the Account.‍

  1. You are solely responsible for keeping Your Account credentials secure and You may not disclose Your credentials to any third party. You must immediately notify Supliful if You have any reason to suspect that Your credentials have been compromised, lost, or stolen or in the case of any actual or suspected unauthorized use of Your Account. You are solely responsible for any and all activities performed through Your Account. Supliful will not be liable for any loss that You may incur as a result of someone else using Your username or password, either with or without Your knowledge. To the extent allowable by law, You shall be liable for any expenses and reasonable attorneys’ fees for Your failure to safeguard User and password information and/or promptly notify Supliful about the unauthorized use of Your Account or breach of Your Account information or password.
  2. Supliful expressly disclaims any and all liability arising from revocation, cancellation, or suspension of Your Account for any reason. Your Account and registration may be terminated immediately upon Your breach of any of the terms herein.

3.1. You may terminate Your Account and participation as a registered User at any time by contacting Our Customer Support Team at [email protected]. Before proceeding with deactivating Your Account, make sure that You have disconnected Your Store from the respective Sales Channels, canceled Your Subscription (if applicable), and removed Your registered payment methods. 

‍

F. Rights to Content on the Website

  1. Supliful grants You a limited, revocable, non-exclusive, non-transferable license to access and use the Services for Your own individual use subject to the other terms of these Terms of Use. All rights, title, and interest in and to the Services not expressly granted herein are reserved by Supliful.
    ‍
  2. Supliful allows You to upload and post Content to the Website. Ownership and title of any product shall transfer to You immediately upon the upload of Your design and creation of Your Product within Supliful’s Product Generator. At this point, You retain all rights to Your Content, other than the rights expressly granted to Supliful below and any that You may grant to Your Customers. You assume full ownership, responsibility, and liability for the products, labels, and any associated content therein.
    ‍
  3. You can only post Content that is either Yours or for which You have written authorization from the Content owner. You represent and warrant that any Content You post is owned by You or that You have authorization from the Content owner to post it. More detailed information can be found in the Supliful IP Policy. By posting Content, You accept those terms as well. If You believe that someone has improperly used Your copyrights or trademarks, please report it to us as set forth in the IP Policy.
    ‍
  4. By using the Services, You grant Supliful a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to use, store, display, reproduce, save, modify, create derivative works of, perform and distribute Your Content solely for the purpose of operating, developing, and promoting the Services and the Website.
    ‍
  5. As a condition of use of the Services, You agree not to use the Services for any purpose that is prohibited by these Terms of Use. You are responsible for all of Your activity in connection with the Services and You shall abide by all local, state, national, and international laws and regulations and any applicable regulatory codes. You agree to the following:

‍

5.1. You may not resell, rent, lease, loan, sublicense, distribute, or otherwise transfer rights to the Services.

 

5.2. You may not modify, reverse engineer, decompile or disassemble the Services.

 

5.3. You may not copy, adapt, alter, modify, translate, or create derivative works of the Services without the written authorization of Supliful.

 

5.4. You may not permit other individuals to use the Services, including, but not limited to, shared use via a network connection, except in accordance with these Terms of Use.

 

5.5. You may not circumvent or disable any technological features or measures in the Services that are designed for the protection of intellectual property rights.

‍

5.6. You may not use the Services in an attempt to, or in conjunction with, any device, program, or service designed to circumvent technological measures employed to control access to, or the rights in, a Content file or other work protected by the copyright laws of any jurisdiction.

 

5.7. You may not use or access the Services to compile data in a manner that is used or usable by a competitive product or service.

 

5.8. You may not use Your Account to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail, spam, or repetitive messages to anyone.

 

5.9. You may not use Your Account to engage in any illegal conduct.

 

5.10. You have the obligation to monitor Your Account to restrict use by minors, and You must deny access to children under the age of 18. You accept full responsibility for any unauthorized use of the Services by minors in connection with Your Account and You are responsible for any use of Your credit cards or other payment instruments by minors.

 

5.11. You may not use the Services to order and resell Products without customizing them with Your Content. 

 

5.12. You may not use the Services for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate Content, asking for personally identifiable information, or otherwise.

 

5.13. You may not use the Services to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content standards set out in these Terms of Use.

 

5.14. You may not use the Services to impersonate or attempt to impersonate Supliful, any of its employees or management, another User, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).

 

5.15. You may not use the Services to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by Us, may harm Supliful or Users of the Website, or expose them to liability.

 

5.16. You may not use the Services in any manner that could disable, overburden, damage, or impair the Website or interfere with any other person’s use of the Website, including their ability to engage in real time activities through the Website.

 

5.17. You may not use any robot, spider, or other automatic devices, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.

 

5.18. You may not use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without Our prior written consent.

 

5.19. You may not use any device, software, or routine that interferes with the proper working of the Website, to attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the servers on which the Website is stored, or any other server, computer, or database connected to the Website. This includes, inter alia, but is not limited to, attacking the Website via a denial-of-service (DOS) attack or a distributed DOS attack, introducing any viruses, Trojan horses, worms, logic bombs, or other malicious or technologically harmful material.

 

5.20. You may not harass or insult Supliful employees, or use inappropriate language in communication with Supliful Support.      

  6. Supliful may use its discretion to remove Your Content from the Services, at any time, with or without prior notice to You if it violates any of the Terms of Use or policies or is reported to be infringing on the intellectual property rights of others. Supliful is not obligated to monitor or police Your Content. In addition to intellectual property concerns, Content that contains any of the below is prohibited and may also lead to the termination of Your Account:

 

6.1. Child Exploitation: You may not post or upload Content that exploits or abuses children, including but not limited to images or depictions of child abuse or sexual abuse, or that presents children in a sexual manner.

 

6.2. Harassment, Bullying, Defamation, and Threats: You may not post or upload Content that harasses, bullies, defames, or threatens a specific individual.

 

6.3. Hateful Content: You may not post or upload Content that condones or promotes violence against people based on race, ethnicity, color, national origin, religion, age, gender, sexual orientation, disability, medical condition, or veteran status.

 

6.4. Illegal Activities: You may not post or upload Content that facilitates or promotes activities that go against the laws of the jurisdictions in which You operate or do business.

 

6.5. Intellectual Property: You may not post or upload Content that infringes on the copyright or trademarks of others.

 

6.6. Personal and Confidential Information: You may not post or upload any Content that contains personally identifiable information, sensitive personal information, or confidential information, such as credit card numbers, confidential national ID numbers, or account passwords unless You have consent from the person to whom the information belongs or who is otherwise authorized to provide such consent.

 

6.7. Self-Harm: You may not post or upload Content that promotes self-harm.

 

6.8. Terrorist Organizations: You may not post or upload Content that implies or promotes support or funding of, or membership in, a terrorist organization.

       7. We have the right to:

7.1. Disclose Your identity or other information about You to any third party who claims that material posted by You violates their rights, including their intellectual property rights or their right to privacy.

7.2. Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.

7.3. Terminate or suspend Your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

  1. Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.

YOU WAIVE AND HOLD HARMLESS SUPLIFUL FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY SUPLIFUL DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUPLIFUL OR LAW ENFORCEMENT AUTHORITIES.
‍

      9. We do not undertake to review all Content before it is posted on the Website, and cannot ensure prompt removal of objectionable Content after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or Content provided by any User or third party. We have no liability or responsibility to anyone for the performance or nonperformance of the activities described in this section.

  1. All information we collect on the Website is subject to our Privacy Policy. By using the Website, You consent to all actions taken by Us with respect to Your information in compliance with the Privacy Policy.
    ‍

G. Payments Processing

1. General Subscriptions Terms

1.1.  Starting on October 16th, 2024, Supliful will transition to a subscription-based model. These terms apply to all existing and new Users of the platform. Upon the rollout of the new subscription model, both existing and new Users will be eligible for a free trial period, with the trial duration varying based on User type, as outlined in the appropriate article on Supliful's website: https://help.supliful.com.  During the Free Trial, you'll have full access to the platform's core features for free. After the Free Trial ends, You will need to purchase a subscription plan to continue using the platform. Without  an active subscription after the Free Trial, access to the key features of the platform will be restricted. This includes, but is not limited to, the ability to customize products, import orders from platforms such as Shopify or TikTok, and other essential tools and features required for full platform operation. 

1.2. Supliful offers both monthly and yearly subscription plans that auto-renew until You cancel  them. You can find detailed information about the key features and pricing for each subscription model on the Website. You can choose the plan that best suits Your needs. 

1.3. By subscribing to a plan, You authorize Us to charge the full subscription fee immediately, and these charges will auto-renew based on your subscription interval - either every month or yearly -  on the same calendar day as your original subscription. If your subscription starts on a date not available in a future month (e.g., February 30), we’ll charge your card on the next suitable day, such as the last day of that month.

1.4. We can only charge Your designated payment cards for the subscription plan; Supliful in-store credits cannot be used to pay for subscription fees.

1.5. If You switch from a monthly subscription to a yearly subscription, Your monthly subscription plan will end immediately, and the yearly subscription plan will begin on the switch date. Any unused portion of your monthly subscription will be credited towards Your new yearly plan, reducing the total cost accordingly. 

1.6. If you decide to cancel Your subscription plan, You’ll retain access to discounts until the end of Your current billing cycle. Subscription fees for canceled subscription plans are non-refundable. We do not offer refunds or credits for any partially used subscription periods that are canceled without switching to a longer plan.

1.7. If you wish to cancel your subscription, You’ll need to do so manually through the Stripe subscription manager. You can access this by clicking the avatar icon in the upper right-hand corner of Your Supliful account page. Please note that the subscription must be canceled before the next billing cycle starts to avoid being charged for the following period. Disconnecting your Supliful store or uninstalling the app will  not automatically cancel your subscription; it must be manually done via the Stripe subscription section.

‍

2. Refund Policies for Digital Products

2.1. Label Design Services (including any additionally purchased labels), Essential Brand Kit, and Complete Brand Style Guide, are eligible for a refund under the following conditions:

(A) Initial Refund Eligibility: You are eligible for a refund within the first 24 hours after purchasing these services. Alternatively, you can request a refund until our Designers start working on the first draft. Once work on the first draft begins, the right to request a refund is forfeited.

(B) Design or Branding Form Not Filled Out: If you have purchased the service but have not filled out either of the forms, you can request a full refund unless 30 days from the purchase have passed.

If You wish to cancel this service, please immediately contact Our Customer Support Team by emailing [email protected].

2.2. Shopify Store Design services are eligible for a refund up until the submission of the first feedback form. If You wish to cancel this service, please immediately contact Our Customer Support Team by emailing [email protected].

2.3. Brand Accelerator Program may be canceled for a full refund within 14 days following the purchase date. If the service has not been utilized, an extended refund request period of up to 3 months from the purchase date is available. To initiate a refund within the set term , please immediately contact Our Customer Support Team by emailing [email protected] or get in touch with the dedicated account manager.

2.4. Supliful Roadmap may be canceled for a full refund within 14 days following the purchase date. If You wish to cancel this service, please immediately contact Our Customer Support Team by emailing [email protected].

3. Order Processing and Payment

3.1. To order samples or manual orders  of Your Products, or fulfill Customer Orders, payment must be made in advance. The price includes the cost of the Product plus shipping. The prices of Products are set by Us or by You in using the Services and the Sales Channels. We will not process or ship any Orders until full payment is received.

3.2. Payments on the Website require a valid credit or debit card. Supliful in-store credits may be used for store, manual or sample orders. It is not possible to use Supliful in-store credits to pay for digital products (including monthly/yearly subscriptions).

3.3. We will charge you for Orders as soon as they are placed, following which, the Orders will be sent to production.

3.4. In the event of an order cancellation, a refund will initially be issued to Your Supliful account in the form of in-store credits, which may be applied toward future order fulfillment. Should You prefer a refund to Your original payment method, please contact Our Customer Support Team by emailing [email protected].

3.5. If You have an issue with Your Order, contact Supliful Support (Section H below) before disputing Your claim with Your credit card company. If You have filed a dispute with Your credit card company, We will not be able to issue You a refund, and We cannot make any refunds or replacements until the dispute is resolved or canceled. If there are Order issues, and after an investigation, We offer You a replacement or refund, such refund will be provided in the form of a Supliful credit.

3.6. You are responsible for paying any necessary sales tax on Order transactions. Because of the nature of drop-shipping businesses, taxes differ depending on who produces or sells a Product, and where it is delivered. We recommend that You consult with an outside tax accountant to ensure Your compliance with taxation laws and regulations.

4. Pricing Adjustments

4.1. We reserve the right to adjust pricing for our services or any components thereof at any time. Any price changes will take effect following notice by e-mail.

5. Volume Discounts

5.1. Starting on the first day of each month, eligible Users may receive automatic volume discounts on specific product SKUs. To qualify for volume discounts, You must reach a predetermined tier of sales in the previous month, as calculated based on the number of orders in the "Accepted" status. 

5.2. Volume discounts are applied automatically to qualifying SKUs, and the discount rate is determined by the total sales volume achieved in the prior month. The discount is only applicable to SKUs purchased after the start of the month when the discount is activated.

5.3. We closely monitor order activity to maintain the integrity of Our volume discount program. Any attempt to artificially inflate sales figures to qualify for volume discounts, such as by placing orders with the intent to cancel or manipulate the sales process, is strictly prohibited. If We detect any such behavior, We reserve the unilateral and non-negotiable right to revoke the volume discount for the current and subsequent months without prior notice.

5.4. Continued or repeated abuse of the volume discount system may result in additional actions, including but not limited to, the suspension or permanent banning of Your account. We are committed to ensuring fair usage of Our discount programs and will take appropriate action against You if found to be in violation of these terms.

‍

H. Product Ordering Issues and Support

  1. Users agree to contact Us directly for all conflict resolution by sending an e-mail to [email protected] (“Supliful Support”). If a Produced Order does not meet User or Customer expectations, Users must first contact Supliful Support within 30 days of Product delivery. In order to best resolve the matter, the User should provide all relevant materials for Supliful Support to investigate the issue, including a description of the Produced Order, the issue, quantity and SKU numbers of Products affected, and any photographic evidence (if applicable).
  2. Products available on the Website are unique and produced to order, therefore, once ordered and delivered, it is not possible to return Products in exchange for a refund. Once an Order has been sent to production, it is sent to the Provider and the User can no longer edit the details of the Order or cancel it. If the shipment details are incorrect, or the Customer ordered the wrong item, Supliful is not responsible and will not offer replacements or refunds. The User is responsible for relaying the correct information from the User’s Customers.
  3. The production times listed on the Website are estimated average times and are in no way guaranteed. If Your Order is taking an unusually long time to be produced or delivered, please contact Supliful Support. If the Produced Order is lost during shipment, Supliful will investigate and may provide replacements when appropriate.
  4. After investigating Your issue, if Supliful Support determines that Your Product is defective, Your Orders will be submitted for replacement. Refunds are only provided if a subsequent replacement is also found to be defective by Supliful Support.
  5. If an order is returned to Supliful due to an incorrect destination address, the User will be contacted by Supliful Support to arrange a reshipment. The User will be liable for the reshipment costs once an updated address is provided and confirmed. Reshipment costs include the original shipping cost of the product and a service fee. The service fee covers any Charge On Delivery (C.O.D) fees that we get charged by the fulfillment operator and handling fees. If an Order has been placed with an incorrect destination address, Supliful cannot guarantee that the Order package will be returned to Supliful.
  6. If an order has not been delivered within 30 calendar days of the estimated delivery date, Users should contact Supliful Support within 30 calendar days of such estimated delivery date in order to be eligible for a refund or replacement, so long as the Order delivery tracking data does not indicate that the Products were delivered. Supliful is not responsible for any refund or replacement where the Order delivery tracking data indicates that the Products were delivered to the shipping address provided for the Order.
    ‍

I. Use of Intellectual Property

Supliful, Supliful.com, and other Supliful graphics, logos, designs, page headers, button icons, scripts, and service names are trademarks or trade dress of Supliful that may not be used in connection with any Product or service without the prior written consent of Supliful.
‍

J. Limitation of Liability

  1. Limitation of Liability. IN NO EVENT SHALL SUPLIFUL, ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, ADVERTISERS, OR PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, OR FOR DAMAGES IN THE AGGREGATE EXCEEDING THE AMOUNT OF THE FEES PAID AND PAYABLE BY YOU TO SUPLIFUL OR $100.00 (WHICHEVER IS MORE), ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICES OR THE WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
  2. You agree to indemnify and hold Supliful and its directors, employees, subsidiaries, affiliates, partners, and Providers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Your breach of these Terms of Use, or Your violation of any law or the rights of a third party.
  3. Warranty Disclaimer. Supliful controls and operates the Services from various locations and makes no representation that the Services are appropriate or available for use in all locations. Services may not be available in Your location or may vary across locations. THE SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, SAVE TO THE EXTENT REQUIRED BY LAW. SUPLIFUL, AND ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, PARTNERS, AND PROVIDERS DO NOT WARRANT THAT:
    (A) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION;
    (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED;
    (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR
    (D) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES AND THE WEBSITE ARE SOLELY AT YOUR OWN RISK.
    SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
    ‍

K. Dispute Resolution

  1. If a dispute arises from or relates to these Terms of Use, You agree to first contact Supliful Support to attempt to resolve the issue. If the dispute cannot be settled through direct contact with Supliful Support, the parties agree to endeavor first to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration. The parties further agree that any unresolved controversy or claim arising out of or relating to these Terms of Use shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
  2. To the extent any claim, dispute, or controversy regarding Supliful or the Services is not arbitrable under applicable laws or otherwise, You and Supliful both agree that any claim or dispute regarding Supliful will be resolved exclusively in accordance with Clause K.3 of these Terms of Use.
  3. These Terms of Use shall be governed by the laws of the State of Delaware, without respect to its conflict of laws principles. You agree to submit to the personal jurisdiction of the United States District Court for the District of Delaware, for any actions not subject to Arbitration as outlined in Clause K.1 herein.
  4. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
  5. No waiver by Supliful of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Supliful to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
  6. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

 

These Terms of Use, the Privacy Policy, and the IP Policy constitute the sole and entire Agreement between You and Supliful regarding the Website and the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website and the Services.

This Website is operated by Brand On Demand, Inc., a Delaware corporation (doing business as Supliful).

All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to [email protected].

supliful logo
Copyright © 2024 Supliful
Your privacy controls
Follow us