Terms of Service

1. Acceptance and Eligibility

By using the Services, you represent that you are at least 18 years old (or the age of majority in your jurisdiction), have the legal capacity to enter into a binding contract, and are not barred from receiving services under the laws of the United States or your jurisdiction. If you are using the Services on behalf of a business or other entity, you represent that you have the authority to bind that entity to these Terms.

2. Description of Services

The Site provides information about our custom merchandise, apparel, promotional product, and fulfillment services, and allows you to request quotes and submit inquiries. The Portal is a hosted business application that allows our clients to manage their merchandise catalog, inventory, team members, and orders, including bulk multi-recipient shipments.

Access to the Portal is by invitation only. Use of the Portal as a paying client is subject to a separately executed MSA, an accompanying Statement of Work or Order Form, and applicable fee schedule.

3. Quote Requests and Orders

Submitting a quote request or order inquiry through the Site does not create a binding contract. All quotes are estimates only and are subject to confirmation by us. Final pricing is determined based on your final specifications, artwork, quantities, shipping address, and current carrier rates at the time of fulfillment.

You agree to provide accurate, complete, and up-to-date information in any quote request or order. You agree to work with our team in good faith to provide approvals (such as artwork proofs, sample approvals, and address confirmations) on a timely basis. Production timelines begin upon receipt of your final approval and payment of any required deposit.

4. Portal User Accounts

Portal accounts are created through invitations sent by a client's administrator. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us promptly at orders@gocustommerch.com of any unauthorized access or suspected security breach.

We may suspend or terminate your account if you violate these Terms, if your account is inactive for an extended period, or as otherwise permitted under the agreement between us and your employer or sponsoring organization.

5. Acceptable Use

You agree not to use the Services to:

• Violate any applicable law, regulation, or third-party right;
• Upload, request, or distribute material that is unlawful, infringing, defamatory, obscene, harassing, hateful, or discriminatory;
• Upload artwork, logos, slogans, or other content you do not have the right to use or that infringes any intellectual property, publicity, or privacy right of another;
• Attempt to gain unauthorized access to the Services, other users' accounts, or any underlying system or network;
• Use the Services to send unsolicited commercial messages (“spam”) or to harvest contact information;
• Reverse engineer, decompile, scrape, or use automated tools to access the Services other than through publicly documented interfaces;
• Upload Recipient data without the legal right to share that data with us for the purpose of fulfilling orders;
• Interfere with or disrupt the integrity, security, or performance of the Services;
• Resell, rent, or sublicense access to the Portal without our prior written consent.

We reserve the right to refuse, suspend, or terminate any order or account that we determine, in our reasonable judgment, violates this section.

6. Intellectual Property

7. Payment, Fees, and Billing

Pricing for direct orders is quoted on a per-order basis. Pricing for Portal fulfillment services is set out in your applicable Order Form or MSA and may include a monthly subscription fee, per-shipment fees, kit assembly fees, storage fees, returns processing fees, shipping costs plus markup, and other line items as agreed.

Unless otherwise agreed in writing, Portal fees are billed monthly in arrears via invoice. Invoices are due on net thirty (30) day terms. Past-due amounts may accrue interest at the lesser of one and one-half percent (1.5%) per month or the maximum rate permitted by law. We may suspend the Services if your account is more than thirty (30) days past due, after providing notice and a reasonable opportunity to cure.

All fees are exclusive of applicable taxes, duties, and government charges, which are your responsibility. You agree to pay or reimburse us for any such amounts that we are required to collect on your behalf.

8. Shipping, Risk of Loss, and Returns

Shipping is arranged through third-party carriers (UPS, USPS, FedEx, DHL, or others). Estimated delivery times are not guaranteed. Risk of loss for shipped goods passes to you upon delivery to the carrier (FOB Origin) unless otherwise agreed in writing.

Custom-printed and decorated merchandise is non-returnable and non-refundable except in the case of manufacturing defects or errors made by us. Claims for defects or errors must be made in writing within fourteen (14) days of delivery and include photo evidence. Our liability for defects is limited to replacement or refund of the defective items at our discretion.

9. Client Inventory Held by Us

For Portal clients who store inventory at our facilities: title to the stored inventory remains with the client. We will exercise reasonable care in storing, handling, and shipping that inventory, but we are not insurers of the inventory. Our liability for loss or damage to stored inventory is limited as set out in your MSA. We strongly recommend that clients maintain their own insurance coverage for stored inventory.

10. Third-Party Services

The Services rely on third-party services including, without limitation, Clerk (authentication), Neon (database hosting), Vercel (web hosting and storage), Resend (email delivery), shipping carriers (UPS, USPS, FedEx, DHL), and accounting providers (QuickBooks/Intuit). We are not responsible for the acts, omissions, or terms of these third parties. Your use of third-party features may be subject to their own terms and privacy practices.

11. Disclaimers

The services and all materials provided through the services are provided “as is” and “as available” without warranties of any kind, whether express or implied, including without limitation any implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, or quiet enjoyment. We do not warrant that the services will be uninterrupted, error-free, secure, or free from harmful components.

Estimated production times, ship dates, and delivery dates are estimates only and are not guaranteed. Color matching, fabric feel, and other physical attributes of merchandise may vary between production runs and between digital previews and the physical product.

12. Limitation of Liability

To the maximum extent permitted by law, in no event shall Go Custom Merch, its affiliates, officers, directors, employees, agents, or licensors be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including without limitation lost profits, lost revenue, lost data, business interruption, or cost of substitute goods, arising out of or relating to these Terms or the Services, even if advised of the possibility of such damages.

Our aggregate liability for all claims arising out of or relating to these Terms or the Services shall not exceed the greater of (a) the amounts you have paid to us in the twelve (12) months preceding the event giving rise to the claim, or (b) one thousand dollars (US $1,000). Some jurisdictions do not allow limitations on incidental or consequential damages, so this limitation may not apply to you.

13. Indemnification

You agree to defend, indemnify, and hold harmless Go Custom Merch and its affiliates, officers, directors, employees, and agents from and against any third-party claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) Your Content, including any claim that Your Content infringes a third-party right; (b) your violation of these Terms; (c) your violation of any applicable law or third-party right; or (d) Recipient data you upload to the Portal without the legal right to share it with us.

14. Termination

You may stop using the Services at any time. We may suspend or terminate your access to the Services at any time, with or without notice, for any reason, including violation of these Terms. For Portal clients with an MSA, termination is governed by the terms of the MSA.

Sections that by their nature should survive termination shall survive, including without limitation sections 6 (Intellectual Property), 7 (Payment), 11 (Disclaimers), 12 (Limitation of Liability), 13 (Indemnification), 15 (Governing Law and Dispute Resolution), and 17 (Miscellaneous).

15. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Minnesota, United States, without regard to its conflict of laws rules. Any dispute, controversy, or claim arising out of or relating to these Terms or the Services that cannot be resolved through good-faith negotiation between the parties shall be brought exclusively in the state or federal courts located in Hennepin County, Minnesota, and the parties consent to the personal jurisdiction and venue of those courts.

You and Go Custom Merch each agree that any claim must be brought in your or its individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding.

16. Changes to These Terms

We may revise these Terms from time to time. When we make material changes, we will update the “Last updated” date at the top of this page and, where required by law or contract, notify affected users. Your continued use of the Services after the effective date of revised Terms constitutes acceptance of those Terms.

17. Miscellaneous

• Entire agreement. These Terms, together with our Privacy Policy and, where applicable, any MSA or Order Form, constitute the entire agreement between you and us regarding the Services.
• Severability. If any provision is held unenforceable, the remainder shall remain in full force and effect.
• No waiver. Our failure to enforce any right or provision is not a waiver of that right or provision.
• Assignment. You may not assign these Terms or any rights under them without our prior written consent. We may freely assign these Terms.
• Force majeure. We are not liable for delay or failure of performance caused by events beyond our reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, supply chain disruptions, internet or carrier outages, or government actions.
• Notices. We may give notice by email to the address associated with your account or by posting on the Services. You may give notice to us at orders@gocustommerch.com.

18. Contact Us

Questions about these Terms? Contact us at:

Go Custom Merch
Minneapolis, MN
Email: orders@gocustommerch.com
Phone: (612) 293-9283