Terms of Service

Effective date: {{Effective date}}

1. Agreement to terms

These Terms of Service ("Terms") form a binding agreement between you ("you", "user") and {{Legal entity}} ("Podheaven", "we", "us"), registered at {{Registered address}}. By creating an account, accessing, or using Podheaven (the "Service"), you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Service.

If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization, and "you" refers to that organization.

2. The service

Podheaven is a software-as-a-service tool that helps print-on-demand sellers create and publish product listings to their Etsy shop using Printify as a fulfillment provider. The Service includes design management, blueprint selection, mockup generation, and listing publication via official Etsy and Printify APIs.

Podheaven is a tool used by you to operate your own Etsy and Printify accounts. We do not sell products, fulfill orders, process customer payments to your buyers, or operate marketplaces.

3. Account & eligibility

To use the Service you must be at least 18 years old (or the age of legal majority in your jurisdiction) and capable of entering into a binding contract.

You are responsible for:

• Providing accurate registration information and keeping it current.
• Maintaining the confidentiality of your account credentials, including your password and any API keys or OAuth tokens you connect.
• All activity that occurs under your account.

You must notify us promptly at hello@podheaven.ai if you suspect unauthorized access to your account.

4. Acceptable use

You agree not to:

• Use the Service to upload, store, or transmit content that infringes any third party's intellectual property, privacy, or publicity rights.
• Use the Service to upload, store, or transmit content that is unlawful, defamatory, harassing, hateful, sexually exploitative, or otherwise prohibited by applicable law or by Etsy's or Printify's policies.
• Attempt to gain unauthorized access to the Service, other users' accounts, or our infrastructure.
• Reverse engineer, decompile, or attempt to extract the source code of the Service, except where this restriction is prohibited by law.
• Use the Service to send spam, malware, or otherwise harmful content.
• Circumvent rate limits, usage limits, or other technical restrictions.
• Resell, sublicense, or commercially exploit the Service outside the use cases it is provided for.

We may suspend or terminate accounts that violate this section, with or without notice depending on severity.

5. User content & designs

You retain all rights to the designs, images, titles, descriptions, tags, and other content you upload to the Service ("User Content"). Podheaven claims no ownership of your User Content.

By uploading User Content, you grant Podheaven a limited, worldwide, non-exclusive, royalty-free license to host, store, process, reproduce, modify (only to the extent technically necessary, e.g. resizing for mockups), and transmit your User Content solely for the purpose of providing the Service to you — including transmitting it to Etsy and Printify on your behalf via their official APIs.

This license terminates when you delete the User Content from the Service or close your account, except to the extent we are legally required to retain copies or have already transmitted the content to Etsy or Printify (where their own retention policies apply).

6. User IP warranty

You represent and warrant that:

• You own, or have all necessary licenses, rights, consents, and permissions to use and authorize Podheaven to use, all User Content you upload.
• Your User Content does not infringe, misappropriate, or violate any third party's intellectual property rights, privacy rights, publicity rights, or any law or regulation.

You are solely responsible for your User Content. Podheaven is not liable for any claims, damages, or losses arising from your User Content, including infringement claims by third parties. You agree to indemnify Podheaven as set out in section 14.

7. Third-party integrations

The Service integrates with third-party platforms including Etsy (marketplace) and Printify (print-on-demand fulfillment). Podheaven is not affiliated with, endorsed by, or sponsored by Etsy or Printify.

Your use of Etsy and Printify is governed by their own terms of service and policies, which you are responsible for reading and complying with. Podheaven is not responsible for:

• Outages, downtime, API changes, deprecations, or rate-limiting by Etsy or Printify.
• Changes to Etsy's or Printify's terms, policies, fees, or product offerings.
• Account suspensions, listing removals, or other enforcement actions Etsy or Printify take against your accounts, even where such actions affect listings created via POD Heaven.
• Disputes between you and Etsy, Printify, or your customers.

If Etsy or Printify discontinues API access used by the Service, we may have to modify or discontinue affected features.

8. Draft-first publishing & marketplace compliance

The Service publishes listings to your Etsy shop as drafts. Drafts are not visible to buyers until you, the user, manually review and publish them within Etsy.

You are solely responsible for:

• Reviewing every draft before publishing it on Etsy.
• Ensuring listings comply with Etsy's seller policies, including product, tag, description, and prohibited-content rules.
• Ensuring listings comply with applicable intellectual property law, trademark law, consumer-protection law, tax law, and any other applicable regulation in the jurisdictions you sell into.
• Pricing, shipping settings, and any other listing decisions made on Etsy.

Podheaven is not responsible for listings you publish on Etsy or for the consequences of publishing them.

9. Beta terms

During the beta period, the Service is provided free of charge and on an "as-is" and "as-available" basis, with no service-level agreement (SLA) and no guarantee of uptime, feature stability, or data preservation.

We reserve the right to modify, suspend, restrict, or discontinue features, usage limits, or pricing during the beta. Existing beta users will receive at least 30 days' advance email notice before paid tiers begin, and will be eligible for a beta-loyalty discount on initial paid plans.

Beta features may be unstable, contain bugs, or change without notice. Feedback you submit during the beta may be used by Podheaven to improve the Service without obligation or compensation to you.

10. Subscription, billing & refunds

10.1 Billing

Once the Service exits beta and paid plans become available, subscriptions are billed monthly or annually in advance through Stripe. By subscribing, you authorize us (through Stripe) to charge your chosen payment method on a recurring basis until you cancel.

10.2 Price changes

We may change subscription prices. Price changes affecting existing subscribers will be communicated at least 30 days in advance by email and will take effect at your next renewal.

10.3 Refunds

All fees are non-refundable except where required by applicable law (including statutory consumer rights such as the right of withdrawal under EU/EEA consumer law where applicable). Cancelling your subscription stops future renewals but does not retroactively refund the current paid period.

10.4 Failed payments

If a payment fails, we may retry the charge and suspend access to paid features until payment succeeds. Accounts with unpaid balances may be terminated.

10.5 Taxes

Prices are exclusive of applicable taxes unless stated otherwise. You are responsible for any taxes, duties, or levies applicable to your use of the Service.

11. Termination & data export

By you: You may terminate your account at any time through the in-app account settings. Termination takes effect at the end of your current paid billing period; you remain responsible for fees already incurred.

By us: We may suspend or terminate your account immediately if you materially breach these Terms, if your use poses a security or legal risk, or if required by law. We may also terminate accounts with 30 days' notice for any other reason.

Data export: Following termination, you may export your User Content within 30 days using the in-app export tool. After 30 days, we will delete User Content in accordance with our Privacy Policy, except for data we are legally required to retain.

Sections that by their nature should survive termination (including User IP Warranty, Indemnification, Limitation of Liability, Governing Law, and General Provisions) will survive.

12. Warranty disclaimer

The Service is provided "as is" and "as available" without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from course of dealing or usage of trade.

We do not warrant that the Service will be uninterrupted, error-free, secure, or that defects will be corrected. We do not warrant any specific outcome, including any level of sales, conversions, or revenue on Etsy or any other marketplace.

Some jurisdictions do not allow exclusion of certain warranties; in those jurisdictions, exclusions apply only to the extent permitted by law.

13. Limitation of liability

To the maximum extent permitted by applicable law:

• Podheaven, its affiliates, officers, employees, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, business opportunities, or sales — even if advised of the possibility of such damages.
• Our total aggregate liability arising out of or relating to these Terms or the Service is limited to the greater of (a) the total fees you paid to Podheaven in the 12 months preceding the event giving rise to liability, or (b) one hundred euros (EUR 100).

Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited, including liability for gross negligence, willful misconduct, or fraud, or statutory consumer rights that cannot be waived.

14. Indemnification

You agree to defend, indemnify, and hold harmless Podheaven and its affiliates, officers, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to:

• Your User Content, including any claim that it infringes a third party's rights.
• Your use of the Service in violation of these Terms or applicable law.
• Your listings, products, customer relationships, or operations on Etsy, Printify, or any other third-party platform.
• Your violation of any third-party rights, including IP, privacy, and publicity rights.

15. Modifications to these terms

We may update these Terms from time to time. For material changes, we will provide at least 30 days' advance notice by email to the address associated with your account and/or by prominent in-app notice. Continued use of the Service after the effective date of changes constitutes acceptance of the updated Terms. If you do not accept the changes, you must stop using the Service before the effective date.

Non-material changes (such as clarifications, typo fixes, or updates to contact details) may take effect immediately.

16. Governing law & disputes

These Terms are governed by the laws of {{Governing jurisdiction}}, without regard to conflict-of-laws principles. The exclusive venue for any disputes arising out of or relating to these Terms or the Service is {{Governing jurisdiction}}, except where mandatory consumer-protection law grants you the right to bring proceedings in your country of residence.

Before initiating formal proceedings, the parties will attempt to resolve disputes in good faith by contacting hello@podheaven.ai.

17. General provisions

17.1 Entire agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Podheaven regarding the Service and supersede prior agreements on the same subject.

17.2 Severability

If any provision of these Terms is held unenforceable, the remaining provisions remain in full effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable while preserving its intent.

17.3 No waiver

Our failure to enforce any provision is not a waiver of our right to enforce it later.

17.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets, or by operation of law.

17.5 Force majeure

Neither party is liable for failure or delay in performance due to causes beyond reasonable control, including natural disasters, war, terrorism, labor disputes, internet/infrastructure failures, or actions of third-party providers (including Etsy, Printify, Stripe, and Vercel).

17.6 Notices

We may send notices to the email address associated with your account. You may send notices to us at hello@podheaven.ai.

18. Contact

Questions about these Terms? Contact us:

• Email: hello@podheaven.ai
• Legal entity: {{Legal entity}}
• Registered address: {{Registered address}}