Terms of Service

Last Modified: Sep 4th, 2025

Thank you for selecting Vivofy.com. By accessing or utilizing our website, applications, software, products, or services (collectively referred to as the “Service”), you acknowledge and agree to be legally bound by these Terms of Service (“Terms”). Should you find these Terms unacceptable, we respectfully request that you refrain from using our Service.

1. Introduction

These Terms govern your use of the Service provided by Vivofy (the “Company”). They outline the rights and responsibilities of both you (the “User”) and the Company. By using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are using the Service on behalf of a company or entity, you represent that you have the authority to bind that entity to these Terms.

2. Definitions

Company: Vivofy, including its affiliates, subsidiaries, and related entities.

Service: The print-on-demand platform, applications, software, products, and services provided by the Company.

User: Any individual or entity accessing or using the Service.

Product: Custom-designed items (e.g., apparel, accessories, drinkware) created and sold through the Service.

Content: Designs, images, text, or other materials uploaded or created by Users for use with the Service.

3. User Agreement

By accessing or using the Service, you agree to comply with these Terms and all applicable laws. The Company reserves the right to modify these Terms at any time, with changes effective upon posting on the Service. We will notify you of significant changes via email or a website notice. Continued use of the Service after such changes constitutes your acceptance of the updated Terms. Review these Terms periodically to stay informed.

4. User Account

To access certain features, such as creating and selling Products, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration.
• Update your account information as needed to keep it accurate.
• Be responsible for all activities under your account.

You must be at least 18 years old to create an account, as the Service is intended for business-to-business use and not targeted at children under 16.

5. Password and Security

You are responsible for maintaining the confidentiality of your account password and credentials. To enhance security:

• Do not share your password with others.
• Use a strong, unique password.
• Notify us immediately at support@vivofy.com if you suspect unauthorized access or a security breach.

The Company is not liable for losses or damages resulting from your failure to secure your account.

6. User Conduct

You agree to use the Service only for lawful purposes and in a manner that respects others’ rights. Prohibited actions include:

• Engaging in illegal activities or violating applicable laws.
• Infringing on intellectual property rights (e.g., copyrights, trademarks).
• Uploading or transmitting viruses, malware, or harmful code.
• Attempting to gain unauthorized access or disrupt the Service.
• Using the Service for spamming, phishing, or malicious activities.

The Company may suspend or terminate your account for violations of these Terms.

7. Intellectual Property

• User Content: You retain ownership of all Content (e.g., designs, images) you upload. By uploading Content, you grant the Company a worldwide, non-exclusive, royalty-free license to use, reproduce, distribute, and display your Content solely to provide the Service, such as fulfilling Product orders.
• Company Content: The Company owns all rights to the Service, including software, databases, and Content (excluding User-generated Content). You may not reproduce, distribute, or create derivative works of the Service without our prior written consent.
• Infringement: You are responsible for ensuring your Content does not infringe third-party rights. The Company may remove Content suspected of infringement and terminate accounts of repeat infringers.
• Please note: You are solely responsible for ensuring your designs comply with all copyright and trademark laws. Vivofy cannot be held liable for any infringement issues.

8. Fees and Payments

• The Service is currently provided free of subscription fees.
• When the End-Customers place orders in your store, they pay you directly via Shopify Checkout. You are responsible for paying the product, printing, and shipping/fulfillment costs to the Company. These payments are processed securely by credit card.
• In the future, if subscription or additional fees are introduced, such fees will be processed exclusively through **Shopify Billing API**. Users will be notified in advance before any charges are applied.

9. Orders and Fulfillment

• All Products are manufactured and shipped directly from the Company’s own facilities.
• Production times and shipping schedules may vary depending on order volume, seasonal demand, or logistics conditions. The Company is not liable for delays or issues caused by shipping carriers or unforeseen circumstances.
• Once an order has been handed over to the shipping carrier, risk of loss or damage passes to the User.
• The Company is not responsible for disputes between Users and their end-customers. Users are solely responsible for providing customer service, handling returns, and ensuring compliance with applicable consumer protection laws.

10. Privacy

• We collect and process personal data as described in our Privacy Policy, which is incorporated by our Privacy Policy. By using the Service, you consent to such processing.
• For End-Customers purchasing through your store, you are the controller of their data collected in your sales channel and are responsible for ensuring compliance with applicable data protection laws.