2. WEBSITE USE

By using the Website, you affirm you are of the age of majority and have legal capacity to enter a binding contract, and you agree to these Terms.

3. PRIVACY & SECURITY DISCLOSURE; EMAIL & SMS NOTICES

Our Privacy Policy (posted on the Website) is incorporated herein.

Consent to Email/SMS: By providing contact info and agreeing to these Terms, you consent to receive order updates and marketing via email and/or SMS. Message/data rates may apply.

Opt-Out: Use unsubscribe links in emails/SMS, or contact privacy@Promoful.com

4. GENERAL CONDITIONS; USER CONDUCT

All Website content is protected by IP laws. You may not copy, scrape, reverse-engineer, hack, or use the Website unlawfully. We may suspend accounts that violate these Terms.

5. ACCOUNT REGISTRATION

If you create an account, you must provide accurate info and keep credentials confidential. You're responsible for all activity under your account and must promptly report unauthorized use.

6. MODIFICATIONS TO WEBSITE & PRICES

We may modify or discontinue the Website (or pricing) at any time. Some offerings are online-only and may be limited in quantity or region.

7. PAYMENT

Payment is due in full before production. We accept the payment methods shown at checkout. By submitting payment, you represent authorization to use the method and that funds are sufficient.

High-risk or mismatched orders may require verification before timelines start. We are not responsible for delays caused by payment issues.

8. ORDER TAX

Applicable sales/use taxes are collected where required by law. If you claim exemption, you must provide valid documentation prior to production.

9. ORDER PLACEMENT & ACCEPTANCE

Any confirmation is acknowledgment of receipt, not acceptance. We may refuse or cancel orders (with a refund) at our sole discretion or require additional information prior to processing. You are responsible for accurate emails/addresses and for monitoring spam filters.

10. CHANGING, CANCELLING, OR RE-ORDERING

• Online changes: Only within a very short window after order placement (if available).
• Phone/email orders: Changes only before payment.
• Rush orders: No changes after placement.
• Cancellations: Not permitted after production begins. If a discretionary cancel is approved before production, fees may apply (materials/admin).
• Re-orders may have normal industry variances (color, ink, thread, position, etc.).

11. PRODUCTION TIME

Lead times are business days and exclude shipping. Timelines begin after (i) payment clears, and (ii) either you approved the proof (if requested) or proceeded without a proof (§17). Holidays, supply issues, or proof delays can extend timelines. Rush production is the only production-time guarantee, subject to stated conditions.

12. SHIPPING

We ship domestically and internationally using common carriers. Shipping speed is separate from production time. Address accuracy is your responsibility; carrier address corrections or special services may incur fees. Risk of loss transfers to you upon carrier receipt unless otherwise stated.

13. DELIVERY CONFIRMATION

Carrier delivery confirmation is sufficient proof of delivery, even without signature, unless your order expressly requires a signature.

14. PRODUCT CUSTOMIZATION OPTIONS

Some SKUs may be produced in different facilities (domestic or overseas) depending on options/capacity. Selection may affect timelines and tolerances.

15. RETURNS & REFUNDS (CUSTOM GOODS)

Custom goods are non-cancellable and non-refundable after production begins. If you believe a manufacturing defect occurred (not artwork quality you supplied, not subjective preference), notify us within 48 hours of delivery with photos. If validated, Promoful may repair, replace, or credit at our discretion. Shipping charges are non-refundable.

16. DEFAULT PRINTING STANDARDS

Absent specific instructions, we apply standard defaults (readability-first fonts, common placements, proportional scaling within printable areas). Slight location shifts between pieces are normal and not defects.

17. PROOFING & ORDER PREVIEWS (PROOFS OPTIONAL)

• Proofs are optional and available on request (a fee may apply as posted).
• If you do not request a proof, you authorize immediate production based on your files and order details and accept responsibility for the outcome.
• If you request a proof, production begins only after written approval.
• Approval Delay Rule (your requirement): If proof approval occurs more than 12 hours after we send the proof, the estimated delivery date extends by one (1) business day for every additional 24 hours of delay. Delayed approvals void rush/on-time guarantees.
• Computer previews are approximate (color and proportion differences may occur).

18. PRODUCT QUALITY; TOLERANCES

Minor variances in color (including Pantone/hex references), position, size, thread tension, material finish, and shade are industry-standard tolerances and not defects. Low-resolution, small text, thin strokes, or complex details may not render crisply—customer artwork quality controls outcome.

19. EXTENDED PRODUCT POLICIES (CATEGORY-SPECIFIC)

Certain categories (e.g., glitter/metallic finishes, swirl/segmented, coated, pulpboard, embroidery, one-time-use wristbands, hand sanitizers, apparel shrinkage/variance) have inherent traits (fading, glitter shedding, color blending, absorbency, hoop/pull marks, carrier limits, wash-shrink). These traits are not defects when within normal ranges. See product pages for notes.

20. DISCLAIMER OF WARRANTIES

EXCEPT AS REQUIRED BY LAW OR EXPRESSLY STATED IN THESE TERMS, THE WEBSITE AND ALL PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND SERVICE AVAILABILITY/ACCURACY.

21. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SWAGIFY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND CONTRACTORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; LOSS OF PROFITS, DATA, GOODWILL; OR COST OF SUBSTITUTE GOODS OR SERVICES.

CAP: IN ALL EVENTS, SWAGIFY'S TOTAL LIABILITY FOR ANY ORDER SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THAT ORDER.

22. DISPUTE RESOLUTION: MANDATORY BINDING ARBITRATION; CLASS ACTION WAIVER; OPT-OUT

Read carefully. You and Promoful agree to binding individual arbitration for any dispute arising out of or relating to these Terms, the Website, or any product, except (i) qualifying small-claims matters; (ii) IP enforcement; or (iii) temporary injunctive relief.

• Forum & Rules: Arbitration will be administered by the American Arbitration Association (AAA) under the Consumer Arbitration Rules (or applicable Commercial Rules for business customers), held in Fort Bend County, Texas or via teleconference/document-only at the arbitrator's discretion. The Federal Arbitration Act governs.
• Class Waiver: No class, collective, or representative claims. Only individual relief is available.
• Pre-Dispute Notice: Before filing, the initiating party must send a written Notice of Claim describing the dispute and proposed resolution to legal@Promoful.com and Promoful Legal Department, 4659 Wright Rd. Stafford, Fort Bend County, TX 77477. If unresolved after 60 days, either party may demand arbitration with AAA.
• Opt-Out: You may opt out of arbitration within 30 days of first agreeing to these Terms by sending written notice (name, address, account email, unequivocal opt-out statement) to the Promoful Legal Department at the mailing address above.
• Judgment: The arbitrator's award may be entered in any court of competent jurisdiction.

23. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Promoful and its affiliates, officers, directors, employees, and agents from any claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising from: (i) your content; (ii) your misuse of the Website or products; (iii) your breach of these Terms; or (iv) your infringement of third-party rights.

24. THIRD-PARTY WEBSITES & LINKS

We are not responsible for third-party sites or materials linked from the Website. Review their terms and policies before engaging.

25. TESTIMONIALS, REVIEWS & SUBMISSIONS

Anything you submit (photos, ideas, comments, reviews) may be used by Promoful worldwide, royalty-free, and in any media. Submissions are non-confidential. We may edit or decline to use them.

26. DMCA NOTICE

Include the DMCA-required elements in your notice. Counter-notices must contain the statutorily required statements and consents.

27. ARTWORK

When ordering online you may upload artwork; for phone/email orders, send artwork to your representative. Missing or unusable artwork pauses production. We may request changes to proceed; if you do not respond within a reasonable time, we may pause or cancel (refunds depend on stage and materials).

28. USER-PROVIDED CONTENT FOR CUSTOM ORDERS

You represent and warrant that you own or have licenses for all artwork/content you submit, that it does not infringe others' rights, complies with law, and that you have all permissions (including from depicted persons). We may refuse/cancel orders for content that is unlawful, infringing, obscene, hateful, or otherwise violates these Terms.

29. IP COMPLAINT & COUNTER-NOTICE POLICY

We remove or block content we believe in good faith infringes third-party IP rights. Send complaints to legal@Promoful.com with adequate proof/IDs of ownership and the specific URLs/designs. Counter-notices must include the legally required statements and consents.

30. ELECTRONIC COMMUNICATIONS

You consent to receive agreements, notices, and disclosures electronically. Such communications satisfy any legal requirement that they be in writing.

31. ACCESSIBILITY STATEMENT

Promoful is committed to accessibility and aims to align with WCAG 2.1 Level A/AA where feasible. Please report any barriers to accessibility@Promoful.com.

32. ASSIGNMENT

You may not assign your rights or obligations. Promoful may assign without notice.

33. NO WAIVER

Failure to enforce any provision is not a waiver of that or any other provision.

34. RELATIONSHIP OF PARTIES

No partnership, joint venture, employment, or agency relationship is created by your use or purchase.

35. SEVERABILITY

If any provision is unlawful or unenforceable, it will be enforced to the maximum extent possible and the remainder will remain in effect.

36. GOVERNING LAW / EXCLUSIVE VENUE

Texas law governs (without regard to conflicts rules). Subject to §22 (arbitration), the exclusive venue for any permitted court action is state or federal courts sitting in Fort Bend County, Texas.

37. TERMINATION

We may terminate or suspend access at any time. Provisions that by their nature should survive (e.g., IP, warranties, liability limits, arbitration, indemnity) survive termination.

38. ENTIRE AGREEMENT

These Terms (including policies referenced herein) are the entire agreement between you and Promoful and supersede prior agreements and understandings.

39. CONTACT; QUESTIONS