Terms Of Service

Introduction

Welcome to Buybyy.com! This legally binding Terms of Service (“TOS”) agreement governs your use of our website, our online design and sales platform, and integrations with API applications (“Service”). Please review it carefully.

User Agreement

• Acceptance: Using any part of the Service signifies your agreement to these TOS. If you disagree, do not use our Service.
• Compliance: You agree to abide by these TOS, all applicable federal, state, and local laws, and regulations.
• Account Termination: Violating this TOS may result in immediate account suspension or termination, forfeiture of potential profits, and/or legal action.

Privacy and Data Protection

• Privacy Policy: Buybyy.com is committed to protecting your privacy. Our Privacy Policy explains how we collect, use, share, and protect your personal information. By using our Service, you consent to the data practices outlined in our Privacy Policy.

Intellectual Property

• Ownership and License: You warrant that you own or have valid licenses for all Content (text, images, graphics, logos, trademarks, copyrights, etc.) uploaded, submitted, or used on our platform for merchandise creation and promotion. You grant Buybyy.com a non-exclusive, worldwide, royalty-free, sublicensable, transferable license to use, reproduce, distribute, prepare derivative works of, and publicly display your Content as necessary to provide the Service, fulfill orders, and promote your products.
• Content Restrictions: You agree not to use the Service to upload, submit, or create merchandise with Content that:
  
  • Infringes on the intellectual property rights of others.
  • Promotes hatred, violence, racial intolerance, the financial exploitation of a crime, or illegal activities.
  • Is false, deceptive, or intentionally misleading in nature.
  • Is obscene, defamatory, or libelous.
  • Exploits, abuses, or endangers children.
• Infringement Policy: Buybyy.com respects intellectual property rights. We comply with the Digital Millennium Copyright Act (DMCA) and handle valid infringement claims accordingly. Our Intellectual Property Complaint Policy outlines procedures for reporting and responding to claims. Repeat infringers risk account termination.

Pricing and Payment

• Seller Pricing: You are responsible for setting prices for your merchandise.
• Buybyy.com Fees: Buybyy.com processes customer payments through the payment platforms Paypal and Stripe (if available), and deducts applicable fees of 2% from the sale price. Your remaining balance represents your “Seller Profit”.
• Payment Timing: Buyers are charged at the time of order placement to facilitate prompt order fulfillment.
• Withholding and Taxes: Buybyy.com may be required to withhold taxes on Seller Profits in certain jurisdictions. You are solely responsible for understanding and fulfilling your local, state, and federal tax obligations.

Delivery, Refunds, and Cancellations

• Shipping Timeframes: Delivery times are estimates only. Buybyy.com works diligently with production and shipping partners, but delays due to postal service issues, weather, natural disasters, or unforeseen production issues may occur. Refer to our conversion policy pages here.
• Print and Product Variance: While Buybyy.com strives for accuracy, minor variations in color, sizing, and design placement may occur due to the nature of customized merchandise production. These variations are not generally considered defects.
• Orders and Returns: Unless merchandise is demonstrably defective or significantly different from what was ordered, all sales are final. Our Refund Policy provides specific guidelines on eligible returns and how to request a refund.
• International Shipping: Currently, Buybyy.com only supports shipping within the United States.

Indemnification and Liability

• Your Responsibility: You agree to indemnify, defend, and hold Buybyy.com, its affiliates, employees, officers, directors, and agents harmless from all claims, damages, liabilities, losses, costs, and expenses arising from:
  
  • Your use of the Service
  • Your breach of these TOS
  • Your Content infringing on third-party rights
  • Your violation of any applicable law
• Disclaimer of Warranties: THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” BUYBYY.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
• Limitation of Liability: BUYBYY.COM SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. OUR MAXIMUM LIABILITY FOR ANY CLAIM RELATED TO THE SERVICE IS LIMITED TO THE AMOUNT PAID TO, OR EARNED BY, YOU IN THE PREVIOUS SIX MONTHS, OR $100, WHICHEVER IS GREATER.

API Integrations

• Third-Party Terms: Using Buybyy.com API applications on platforms like Shopify is subject to both our TOS and the third-party platform’s terms and policies.
• Content Restrictions: All API usage must comply with the Content restrictions outlined in this TOS.

Miscellaneous

• Changes to TOS: Buybyy.com reserves the right to update these TOS. You will be notified, and your continued use implies acceptance.
• Governing Law: This TOS is governed by the laws of the State of California. Disputes will be resolved in courts located in California.