Terms Of Service
Terms of Service
Cultivate Print, LLC
Last Updated: March 21, 2026
1. Acceptance of Terms
By accessing or using Cultivate Print, LLC's ("Company," "we," "us," or "our") services, you ("Customer," "you," or "your") agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use our services.
2. Description of Services
Cultivate Print, LLC provides wholesale print-on-demand book manufacturing and fulfillment services to content creators and businesses. Our services include:
- Book printing and production
- Order fulfillment and shipping
- Integration with e-commerce platforms (Shopify, WooCommerce, Squarespace, BigCommerce)
- File preflight processing
- Return and replacement processing
- International shipping capabilities
Wholesale Nature of Services: Our services are provided on a wholesale basis to business customers who resell printed products to end consumers. We do not sell directly to end consumers, and all Customer obligations regarding consumer protection laws, warranties, and end-customer relationships remain with Customer.
3. Eligibility and Account Registration
3.1 Eligibility
Our services are available to businesses and content creators located in the United States and Canada. You must be at least 18 years old and have the legal authority to enter into this agreement.
3.2 Account Information
You agree to provide accurate, current, and complete information during registration and to update such information as necessary to maintain its accuracy.
3.3 Account Security
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
3.4 Payment Authorization
By adding a payment method to your account, you authorize Cultivate Print, LLC to charge that payment method for all invoiced amounts following the review period described in Section 5.2. This authorization remains in effect until your account is closed or you remove the payment method on file.
4. Content and Intellectual Property
4.1 Customer Content
You represent and warrant that:
- You own or have the necessary rights to all content you submit for printing
- Your content does not infringe on any third-party intellectual property rights
- You have obtained all necessary permissions, licenses, and consents for the content
4.2 Legal Compliance Screening
We perform a basic legal compliance review of submitted content to ensure that materials produced through our services do not contain overtly illegal or prohibited content. This screening is limited to identifying content that is illegal to produce, possess, or distribute, including but not limited to:
- Counterfeit currency, forged documents, or fraudulent instruments
- Child sexual abuse material or content that exploits minors
- Content that is illegal to print or distribute under applicable federal, state, or local law
This legal compliance screening is limited in scope and does not constitute a comprehensive review of Customer's content. We do not guarantee that all illegal or prohibited content will be identified. Customer remains solely responsible for ensuring that all submitted content complies with applicable laws.
4.3 No Editorial Review
We do not perform editorial, quality, or accuracy review of Customer-submitted content. We do not review, evaluate, proofread, edit, fact-check, or approve the text, imagery, layout, design, spelling, grammar, formatting, or any other editorial aspect of submitted files. Submission of a file for production constitutes Customer's final approval of all editorial content.
Without limiting the generality of the foregoing, we are not responsible for and will not issue reprints, replacements, credits, or refunds for:
- Typographical errors, misspellings, or grammatical mistakes
- Incorrect or missing text, images, or pages
- Layout, formatting, or design errors
- Factual inaccuracies in Customer's content
- Any other editorial deficiency in Customer-submitted files
The legal compliance screening described in Section 4.2 is strictly limited to identifying overtly illegal content and does not create any duty to review editorial content, print quality, design intent, or file accuracy.
4.4 Acceptable Use Policy
You agree not to submit content for production that:
- Violates any applicable federal, state, provincial, or local law or regulation
- Infringes on intellectual property, trademark, or publicity rights of any third party
- Promotes or incites violence, hatred, or discrimination against any individual or group
- Contains child sexual abuse material or exploits minors in any way
- Constitutes counterfeit currency, forged documents, unauthorized reproductions, or forgeries
- Contains defamatory, libelous, or knowingly false statements
- Promotes illegal drug use, illegal weapons, or other illegal activities
- Contains malware, phishing content, or other deceptive material
In addition to the foregoing, we reserve the right to decline or discontinue production of any content that we are not comfortable producing, for any reason, at our sole discretion. Such decisions are final and do not require justification.
Enforcement. The Acceptable Use Policy is enforced through the legal compliance screening described in Section 4.2 and on a reactive basis if prohibited content otherwise comes to our attention. Nothing in this section creates an obligation to perform editorial review of Customer content. If content that violates this policy is identified at any stage, we reserve the right to halt production, reject the content, or terminate the account in accordance with Section 16.2.
4.5 Intellectual Property Indemnification
You agree to indemnify and hold harmless Company from any claims, damages, or expenses arising from alleged intellectual property infringement related to your submitted content.
5. Pricing and Payment Terms
5.1 Pricing Structure
- Per-Item Charges: Based on current pricing for book specifications
- Shipping Costs: Calculated based on destination and shipping method
- Optional Monthly Plans: Enhanced service levels available for monthly fees
5.2 Billing and Payment
Billing Cycle:
Invoices are generated on a weekly basis, or when account usage reaches the applicable threshold amount, depending on account terms.
Invoice Notification:
Upon invoice generation, you will receive an email containing a full itemized breakdown of all charges and a copy of the invoice for your review. Delivery of this email to the address on file constitutes notice of the invoice. Failure to open or read the notification email does not extend or toll the review period.
Invoice Review Period:
Each invoice carries a 3-day review period from the date of generation. During this window, you may review the invoice and contact us to raise any disputes or discrepancies. After the 3-day review period has elapsed, the invoice is considered accurate and accepted in full. Auto-payment will be initiated at that time using the payment method on file.
Failed Payments:
If an automatic charge attempt fails, the payment method on file will be retried according to our payment processor's standard automated retry schedule. Continued payment failure may result in account suspension. Late payment fees are not automatically applied but may be assessed at Company's discretion for accounts with a persistent payment failure history.
Late Payments:
Past due accounts are subject to 1% monthly interest (12% annual) and a $35 administrative fee.
Collection Costs:
Customer is responsible for all reasonable collection costs including attorney fees.
5.3 Price Changes
We reserve the right to modify pricing with 30 days' written notice to existing customers.
5.4 Chargebacks and Payment Disputes
Customer is solely responsible for all chargeback disputes, payment reversals, and related issues that occur between end customers and Customer. Company is not liable for any costs, fees, or losses associated with chargebacks or payment disputes. Customer agrees to indemnify Company against any chargeback-related claims or expenses.
6. File Submission
6.1 Accepted Upload Methods
Customers may submit print-ready files via the Cultivate Print customer portal or any supported third-party upload integration available at the time of submission. Supported upload methods are listed in the Help Center and may be updated periodically without notice.
All files must be uploaded directly to our system. We do not accept live file-sharing links, shared drives, or cloud folders that remain under Customer's ongoing control. Submission of a file constitutes transfer of that file to us for production purposes.
6.2 File Responsibility
Customer is solely responsible for the accuracy, print-readiness, content, and rights clearance of all submitted files. Submission of a file via any available method constitutes Customer's final confirmation that the file is correct and approved for production.
If a submitted file contains errors, Customer must re-upload a corrected file via any available upload method prior to production. Once a job enters production, files cannot be substituted, and no refund or reprint will be issued for errors in Customer-submitted files.
6.3 Preflight Processing
We perform a standard preflight process on all submitted files prior to production. Preflight processing includes:
- Color space conversion from RGB to CMYK
- Rich black conversion to single-process black
- Margin and bleed verification
- File flattening and image compression
- Addition of a white reverse page to cover files where required by file layout
Preflight Limitations: Preflight processing is performed as a production courtesy and does not constitute a warranty of print quality, color accuracy, or design intent. Customer remains solely responsible for reviewing and approving file specifications before submission. Color output may vary due to the inherent characteristics of CMYK production printing, and variations within industry-standard tolerances do not constitute a defect.
Relationship to Content Review: Preflight processing is a technical production step only. It does not include any editorial review of content as described in Section 4.3. The legal compliance screening described in Section 4.2 is performed separately and is limited to identifying overtly illegal content. Preflight processing does not create any duty to review, proofread, or verify the accuracy of Customer's content.
6.4 Proofing
We are not required to provide proofs, digital previews, or pre-production approvals before beginning production. Production may begin immediately following the completion of preflight processing. If proofing services are offered, they will be defined as a separate process with associated timelines and fees. Absence of a proof does not affect Customer's responsibility for file accuracy.
6.5 File Retention
We retain submitted production files for the purpose of fulfilling current and future orders. Files are retained indefinitely while Customer's account remains active. Upon account termination or closure, files will be retained for ninety (90) days to allow for final order processing, after which they will be permanently deleted from our systems. Customer is responsible for maintaining their own backup copies of all submitted files. We do not guarantee file availability and are not liable for any loss of files due to system failures, data corruption, or other events.
6.6 AI-Assisted Processing
We may use artificial intelligence tools, including services provided by Anthropic, PBC and Enfocus, to assist with production workflows such as file classification, preflight processing, content-type detection, legal compliance screening, and other operational tasks. By submitting files for production, you consent to the processing of your files by these AI tools as part of our standard workflows.
Scope and Limitations: AI-assisted processing is used to support operational efficiency and does not expand the scope of our review obligations. Specifically, the use of AI tools does not create any duty to perform editorial review (Section 4.3) beyond what is described in these Terms. AI-assisted legal compliance screening (Section 4.2) supplements but does not replace Customer's obligation to ensure all submitted content complies with applicable laws and the Acceptable Use Policy (Section 4.4).
Data Handling: Files processed by AI tools are handled in accordance with our Privacy Policy and the data protection provisions of these Terms. We select AI service providers that maintain commercially reasonable data security and confidentiality standards. Customer content processed by AI tools is not used to train third-party AI models unless separately disclosed and consented to.
7. Production and Shipping
7.1 Production Timelines
Estimated production timelines are provided as guidelines and are not guaranteed delivery dates. Standard production should not exceed fifteen (15) business days from file acceptance to carrier handoff, excluding shipping transit time. Actual production timelines may vary based on order volume, product complexity, file issues, and other factors. We will make commercially reasonable efforts to meet estimated timelines but are not liable for delays.
7.2 International Shipping and Customs
For international shipments, we generate shipping labels on a Delivered Duty Paid (DDP) basis where available, with brokerage included through our supported carrier services (such as GlobalPost Plus DDP or DHL eCommerce). Where DDP service is not available, shipments will be sent Delivered at Place (DAP), and all customs duties, import taxes, brokerage fees, and any other charges imposed by the destination country are the sole responsibility of Customer. Customer is responsible for ensuring that end customers are informed of any potential customs obligations associated with international orders. We are not liable for shipments delayed, held, or returned by customs authorities.
8. Quality Assurance and Returns
8.1 Quality Standards
We maintain quality control processes and will replace products that fail to meet our production standards.
8.2 Defective Product Policy
We will replace damaged or defective products at no charge if reported:
- Within 15 days of delivery, OR
- Within 30 days of shipment for non-delivered orders
8.3 Return Process
- Replacement requests must be submitted through our customer portal
- We handle the logistics of eligible returns and replacements
- Customer manages end-customer service relationships
8.4 Scope of Obligations / End-Customer Service Responsibilities
Our obligations under these Terms are fulfilled upon handoff of a conforming order to the carrier. Title and risk of loss transfer to Customer at the time of shipment. We have no obligations with respect to end-customer satisfaction, end-customer returns, or the downstream sale of printed products.
You are solely responsible for handling returns, refunds, and customer service issues with your end customers. Our replacement policy in Section 8.2 applies only to defects in our manufacturing or fulfillment, not to end-customer satisfaction issues, buyer's remorse, subjective quality complaints, or errors in Customer-submitted files. You must maintain your own customer service processes and return policies for your end customers.
8.5 Return to Sender (RTS) Packages
If a shipment is returned to our facility as undeliverable ("Return to Sender" or "RTS"), the following terms apply:
Responsibility: RTS packages result from address errors, failed delivery attempts, or recipient refusals. We are not responsible for packages returned due to circumstances outside our control.
Condition Assessment: Upon receipt, we will inspect the returned package. If the product is in acceptable condition for fulfillment, it is eligible for reshipment or reallocation per the options below.
Reshipment: We will reship eligible RTS packages to a corrected address at Customer's request. All reshipment costs, including postage and applicable fees, are the Customer's responsibility. No refunds will be issued for RTS packages under any circumstances.
Reallocation Option: At Customer's request, an eligible RTS package may be reallocated to fulfill a different end customer's order, provided the replacement order is for an identical product configuration using the identical production file. No alterations will be made to the product. In this case, Customer will receive a credit equal to the original print cost of that unit, since production has already occurred. Shipping costs for the reallocated order remain Customer's responsibility.
Hold Period: RTS packages will be held for fourteen (14) calendar days from the date of return receipt. After fourteen (14) days, if Customer has not requested reshipment or reallocation, we will attempt to notify Customer via the email address on file. If no response is received within seven (7) calendar days of such notification, we reserve the right to use the package to fulfill another order with an identical file and product configuration at our discretion. If a package is reallocated under this provision, Customer will receive a credit equal to the original print cost of that unit.
No Refunds: RTS packages do not qualify for refunds under any circumstances. Our replacement policy under Section 8.2 applies only to manufacturing or fulfillment defects and does not apply to undeliverable shipments.
8.6 No Refunds Policy
ALL SALES ARE FINAL. We do not issue refunds under any circumstances, including but not limited to:
- Order cancellations after production has begun
- Dissatisfaction with color, finish, or other attributes that fall within our stated production tolerances or are attributable to the inherent nature of CMYK production printing
- Errors, omissions, or defects in Customer-submitted files
- Changes in Customer's business circumstances
- End-customer returns, refusals, or dissatisfaction
- Return to Sender packages (see Section 8.5)
Our sole remedy for qualifying manufacturing or fulfillment defects is replacement as described in Section 8.2. This no-refund policy applies to all products, services, and fees charged under these Terms.
9. Inventory and Storage
Storage of Customer inventory, bulk stock, or materials beyond active production orders is not included in our standard services. If inventory storage or warehousing is required, terms will be negotiated separately as an add-on service with applicable fees, liability terms, and storage duration agreed upon in writing.
10. Promotional Materials, Samples, and Marketing
10.1 Sample Orders
Customers may request sample products to evaluate print quality and production capabilities. Sample orders are subject to the following terms:
Pricing: Sample orders are charged at standard pricing, including the full print cost and shipping cost for the requested items.
Print Cost Credit: Upon shipment of Customer's first paid production order (excluding the sample order itself), the print cost portion of the sample order will be credited to Customer's account. This credit applies to print costs only; shipping costs for the sample order are non-refundable and are not credited under any circumstances.
Credit Terms: Sample credits remain on Customer's account indefinitely and do not expire while the account is active. Credits are forfeited upon account termination or closure. Credits are non-transferable and have no cash value.
Limitations: Sample availability, quantities, and eligibility are determined at Company's sole discretion. Company reserves the right to modify, suspend, or discontinue the sample credit program at any time without notice. The sample credit program does not apply retroactively to sample orders placed before the program was in effect.
10.2 Promotional Items
Promotional materials and items other than samples may be offered to Customer at Company's sole discretion. Such promotional materials are provided on an availability basis and are not guaranteed. Company reserves the right to discontinue, modify, or limit promotional offerings at any time without notice.
10.3 Marketing Support
Any marketing materials, samples, or promotional items provided are intended to support Customer's business development efforts and are subject to availability and Company approval.
10.4 Referral Program
Customers may earn non-cash account credits by referring new customers to Cultivate Print. Referral credits are subject to the following terms:
Qualifying Referral: A referral qualifies when the referred customer (a) creates a Cultivate Print account, (b) connects a storefront integration, and (c) has at least one real production order processed and shipped through our system. Test orders, sample orders, and cancelled orders do not qualify.
Referral Credit — Initial: The referring Customer will receive a $50.00 account credit upon the referred customer's first qualifying order shipping.
Referral Credit — Milestone: The referring Customer will receive an additional $250.00 account credit for every $5,000.00 in cumulative print revenue (excluding shipping) processed and shipped by the referred customer. Milestone credits are calculated based on the referred customer's lifetime print revenue and are issued automatically when each $5,000 threshold is reached.
Credit Terms: Referral credits are non-cash and may only be applied against future invoices for print costs only. Credits may not be applied to shipping charges, expedited service fees, or any non-print line item. Credits have no cash value, are non-transferable, and cannot be redeemed for cash, check, or any form of payment. Credits remain on Customer's account indefinitely while the account is active and are forfeited upon account termination or closure.
Tax Reporting: Referral credits may constitute taxable income to the receiving Customer under applicable federal and state tax law. If a Customer earns $600.00 or more in referral credits in a single calendar year, Company is required to issue a Form 1099-MISC (or applicable successor form) reporting the total credit value as income. By participating in the referral program, Customer agrees to provide a completed Form W-9 upon request. Failure to provide a W-9 when requested may result in suspension of referral credit issuance until the form is received. Customer is solely responsible for any tax liability arising from referral credits received.
Attribution: To receive credit for a referral, Customer must notify Company of the referral before or at the time the referred customer creates their account. Company will make commercially reasonable efforts to attribute referrals, but referral credit is determined at Company's sole discretion. Disputes regarding referral attribution will be resolved by Company and such decisions are final.
Program Modifications: Company reserves the right to modify, suspend, or discontinue the referral program at any time with thirty (30) days' notice to active participants. Credits earned before program modification are honored. The referral program does not apply retroactively to customers referred before the program was in effect.
11. Tax Responsibilities
Important Tax Notice: As a wholesale service provider, we do not collect or remit sales tax, VAT, or other consumption taxes on behalf of customers.
11.1 Customer Tax Obligations
You are solely responsible for:
- Determining applicable tax obligations for your business
- Collecting and remitting all required taxes (sales tax, VAT, income tax, etc.)
- Maintaining proper tax records and documentation
- Complying with all tax laws in jurisdictions where you conduct business
11.2 Tax Documentation
We will provide necessary documentation to support your tax compliance, including invoices and shipping records, upon reasonable request.
11.3 Indemnification
You agree to indemnify Company against any tax liabilities, penalties, or assessments arising from your failure to comply with applicable tax laws.
12. Data Ownership and Privacy
12.1 Customer Data Ownership
- End Customer Data: You retain ownership of all end-customer information
- Order Data: We process order information solely to fulfill services
- Usage Data: We may collect and use aggregated, anonymized usage data for business purposes
12.2 Data Protection and Security
We implement commercially reasonable security measures to protect data, including encryption of data in transit and at rest, access controls, and employee training on data protection practices. For data received through platform integrations (Shopify, WooCommerce, etc.), we implement additional safeguards as required by those platforms' partner agreements and applicable laws. While we implement these security measures, we cannot guarantee absolute security against all threats. You are responsible for complying with applicable privacy laws regarding end-customer data.
12.3 Privacy Policy
Our collection, use, and protection of your information is governed by our Privacy Policy, available at cultivateprint.com/privacy. By using our services, you also agree to the terms of our Privacy Policy.
13. Platform Integrations
13.1 Third-Party Platforms
Our integrations with Shopify, WooCommerce, Squarespace, and BigCommerce are subject to those platforms' terms of service and availability.
13.2 Integration Reliability
While we strive for reliable integrations, we are not responsible for platform outages, API changes, or third-party service interruptions.
13.3 Platform Integration Data Handling
13.3.1 Data Use Restrictions
Customer acknowledges and agrees that order data received from platform integrations is subject to additional restrictions:
- Limited Purpose: We will use such data solely to fulfill orders and provide our services to you. We will not use platform order data for marketing, analytics beyond service provision, or any other purpose without your explicit authorization.
- No Direct Customer Contact: We will not communicate directly with your end customers unless you explicitly authorize such communication in writing. All customer service interactions remain your responsibility.
- Storage Limitations: We will store platform order data only as long as reasonably necessary to provide our services (typically no more than 7 years for tax compliance purposes), and will securely delete data when no longer required.
- Security Standards: We maintain commercially reasonable security measures to protect against unauthorized access to, disclosure of, or use of platform order data, including encryption and access controls.
13.3.2 Data Breach Notification
In the event of any actual or suspected breach or compromise of order data received through platform integrations (a "Data Breach"), we will:
- Notify you as soon as practicable, but no later than seventy-two (72) hours after becoming aware of such breach
- Notify the applicable platform provider (e.g., Shopify) within the same timeframe
- Take immediate action to remedy the breach and prevent further data loss or unauthorized access
- Investigate the incident thoroughly and provide you with detailed findings
- Cooperate fully with any investigation and provide all requested information in a timely manner
- Bear all reasonable costs associated with breach remediation and notification
- Implement additional safeguards to prevent similar incidents
13.3.3 Platform Provider Rights
You acknowledge and agree that:
- Platform Confidential Information: Order data from platforms like Shopify constitutes confidential information of the platform provider. We treat such data with the highest level of confidentiality.
- Audit Rights: Platform providers have the right to audit our data handling practices, security measures, and compliance with their partner agreements. We will cooperate fully with such audits.
- Information Sharing: We may be required to share information about our data handling practices, security incidents, or compliance matters with platform providers for regulatory, compliance, security, or operational purposes.
- Platform Compliance: Our provision of services through platform integrations is contingent upon our continued compliance with platform partner agreements.
13.3.4 Customer Cooperation
You agree to:
- Cooperate with reasonable requests related to platform compliance
- Promptly respond to any compliance inquiries from us or platform providers
- Maintain your own compliance with platform terms of service
- Notify us immediately if you become aware of any compliance issues
14. Limitation of Liability
14.1 Liability Caps
Our total liability for any claims arising from these Terms or our services shall not exceed the amounts paid by you to us in the 12 months preceding the claim.
14.2 Excluded Damages
We shall not be liable for indirect, incidental, consequential, or punitive damages, including lost profits, revenue, or business opportunities.
14.3 Service Interruptions
We are not liable for service interruptions due to maintenance, technical issues, force majeure events, or circumstances beyond our reasonable control, including platform provider actions or API changes.
15. Indemnification
You agree to indemnify, defend, and hold harmless Company and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorney fees) arising from:
- Your use of our services
- Your submitted content
- Your violation of these Terms
- Your violation of any third-party rights
- Your failure to comply with applicable laws
- Your relationship with your end customers
- Claims arising from your products or services provided to end customers
15.1 Platform Integration Obligations
For services provided through our platform integrations:
- You acknowledge that we have certain obligations to platform providers regarding data handling, security, and compliance
- You agree to indemnify us against any claims, fines, or penalties arising from your violation of platform terms of service, your improper handling of end-customer data, chargebacks or payment disputes with your end customers, or your misrepresentation of our services or platform capabilities
- You understand that platform providers may suspend or terminate integrations at their discretion
- We will make reasonable efforts to maintain integrations but are not liable for interruptions caused by platform providers' actions, API changes, or policy updates
16. Termination
16.1 Termination by Either Party
Either party may terminate this agreement with 30 days' written notice.
16.2 Immediate Termination
We may immediately terminate or suspend services for:
- Material breach of these Terms
- Non-payment of amounts due
- Fraudulent or illegal activity
- Violation of intellectual property rights
- Violation of the Acceptable Use Policy in Section 4.4
- Violation of platform partner agreement requirements
- Activities that jeopardize our platform integrations
16.3 Effect of Termination
Upon termination:
- Outstanding orders will be completed or cancelled at our discretion
- All unpaid amounts become immediately due
- Confidentiality obligations survive termination
- Platform integration data handling obligations survive termination
- Submitted files will be retained for ninety (90) days per Section 6.5, then deleted
- You must immediately cease representing any affiliation with our services
17. Dispute Resolution
17.1 Governing Law
These Terms are governed by the laws of the State of Washington, without regard to conflict of law principles.
17.2 Jurisdiction
You consent to the exclusive jurisdiction and venue of the state and federal courts located in Kitsap County, Washington, or the Western District of Washington, for any disputes arising under these Terms. Canadian customers acknowledge and agree that disputes shall be resolved in Washington State and waive any objection to jurisdiction or venue.
17.3 Mandatory Mediation and Arbitration
Please read this section carefully. It affects your rights and limits the manner in which you can seek relief from Company.
17.3.1 Good Faith Negotiation
Before initiating formal dispute resolution, the parties agree to attempt to resolve any dispute through good faith, direct negotiation for a period of thirty (30) days after written notice of the dispute.
17.3.2 Mediation Requirement
If direct negotiation fails, any dispute, claim, or controversy arising out of or relating to these Terms or your use of our services ("Dispute") shall first be submitted to confidential mediation administered by the American Arbitration Association (AAA) or JAMS in Seattle, Washington. Each party shall bear its own costs for mediation, with mediator fees split equally.
17.3.3 Binding Arbitration
If mediation does not resolve the Dispute within sixty (60) days of initiation, the Dispute shall be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration shall be conducted in Seattle, Washington (or virtually by mutual agreement) before a single arbitrator with commercial printing or technology industry experience. Each party bears its own attorney fees; arbitrator fees split equally unless the arbitrator determines otherwise based on the merits.
17.3.4 Arbitration Procedures
- Discovery shall be limited to information directly relevant to the dispute
- The arbitrator may award any relief that would be available in court
- The arbitration award shall be final and binding
- Judgment on the award may be entered in any court of competent jurisdiction
17.3.5 Exceptions to Mediation/Arbitration
The following disputes are exempt from the mediation/arbitration requirement:
- Claims for injunctive relief to protect intellectual property rights
- Claims in small claims court (if within jurisdictional limits)
- Collection actions for undisputed amounts due
17.3.6 Class Action Waiver
You and Company agree that any dispute shall be resolved on an individual basis only. Neither party may participate in or bring class actions, consolidated proceedings, or representative actions in any forum.
17.3.7 Severability of Dispute Resolution
If any portion of this dispute resolution provision is deemed unenforceable, the remainder shall remain in effect. If the class action waiver is found unenforceable, the entire dispute resolution provision shall be void and disputes shall be resolved in court.
17.4 Limitation Period
Any claims must be brought within one (1) year of the date the cause of action arose. If this limitation period is deemed unenforceable in any jurisdiction, the shortest limitation period permitted by applicable law shall apply, and the remaining provisions of these Terms shall remain in full force and effect.
18. General Provisions
18.1 Entire Agreement
These Terms constitute the entire agreement between the parties and supersede all prior negotiations, representations, or agreements.
18.2 Amendment
We may modify these Terms at any time by posting updated terms on our website. For material changes, we will provide at least thirty (30) days' written notice via email or prominent notice on our website before changes take effect. Continued use of our services after the effective date of any changes constitutes acceptance of the modified terms.
18.3 Severability
If any provision of these Terms is found unenforceable or invalid, the remaining provisions shall remain in full force and effect. The unenforceable provision shall be modified to the minimum extent necessary to make it enforceable while preserving the parties' original intent.
18.4 Assignment
You may not assign these Terms without our written consent. We may assign these Terms to any successor or affiliate.
18.5 Force Majeure
Neither party shall be liable for delays or failures due to circumstances beyond their reasonable control, including but not limited to acts of God, natural disasters, wars, terrorism, labor disputes, supply chain disruptions, government actions, pandemics, or infrastructure failures. During such events, performance obligations may be suspended, and delivery timelines may be extended without penalty.
18.6 Notices
All notices shall be in writing and delivered to the addresses on file or as specified in your account settings. Notices to Company should be sent to: legal@cultivateprint.com.
19. Third-Party Platform Terms
19.1 Platform Terms Incorporation
When using our services through platform integrations (Shopify, WooCommerce, Squarespace, BigCommerce, etc.), you agree to comply with the applicable platform's terms of service, acceptable use policies, and privacy policies. Our provision of services through these platforms is subject to our continued compliance with platform partner agreements.
19.2 Platform Provider Relationships
You acknowledge and agree that:
- Independent Relationships: Platform providers are not parties to this agreement and have no obligations under these Terms. Your relationship with platform providers is governed by your separate agreements with them.
- Platform Data Rights: Platform providers may have ownership or confidentiality rights in certain data related to your store, orders, or transactions processed through their platforms.
- Required Information Sharing: We may be required to share information with platform providers for compliance, security, fraud prevention, regulatory, or operational purposes.
- Platform Audits: Platform providers have the right to audit or review our handling of data from their platforms and our compliance with their partner agreements. We will cooperate fully with such audits.
19.3 Platform Changes and Availability
Platform providers may change their APIs, features, terms, policies, or services at any time without notice. We will make commercially reasonable efforts to adapt to platform changes, but we cannot guarantee uninterrupted service during platform transitions. We are not liable for service disruptions, data loss, or other issues caused by platform provider actions.
19.4 Platform Suspension or Termination
If a platform provider suspends or terminates our integration:
- We will notify you as soon as reasonably possible
- We will provide information about alternative integration methods if available
- You remain responsible for any outstanding payment obligations
- We will work in good faith to restore service or provide workarounds when possible
- We are not liable for any losses, damages, or expenses resulting from platform provider actions
19.5 Your Platform Compliance
You represent and warrant that your use of our services through platform integrations complies with all applicable platform terms of service and policies.
Last Updated: March 21, 2026
Version: 3.0 (Updated for AI Processing, File Submission Standards, RTS Policy, Referral Program, and Dispute Resolution)
By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.