Terms and Conditions

Effective December 27, 2024

1. Introduction

These Terms and Conditions (“Terms”) govern your use of PodMerchStudio’s services, available at podmerchstudio.com (“Service”). PodMerchStudio (“we,” “our,” or “us”), located at 5900 Balcones Drive Suite 100, Austin, Texas, provides an AI-powered platform for creating and customizing t-shirt designs.

By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access the Service.

2. Service Description

PodMerchStudio provides:

  • AI-powered t-shirt design generation based on text prompts
  • Image upload and AI transformation capabilities
  • Design storage and management
  • Free and premium subscription tiers

3. Account Registration

  • You must be at least 18 years old to use this Service
  • You must provide accurate and complete registration information
  • You are responsible for maintaining the security of your account credentials
  • You may not share your account with others
  • You may not create multiple accounts to abuse free tier benefits

4. Service Tiers

Free Tier

  • Limited number of design generations per month
  • Basic features and design options
  • Subject to usage restrictions

Paid Subscription

  • Additional design generations
  • Premium features
  • Priority processing
  • Enhanced customization options

5. Payment Terms

  • Subscription fees are billed in advance on a monthly basis
  • All payments are non-refundable
  • We may change pricing with 30 days notice
  • Failed payments may result in service interruption
  • You are responsible for all applicable taxes

6. Intellectual Property Rights

Your Content

  • You retain rights to original images you upload
  • You must have necessary rights to any images you upload
  • You grant us license to process and transform your uploads

AI-Generated Designs

  • You receive a non-exclusive license to use AI-generated designs
  • Similar designs may be generated for other users
  • We retain rights to the AI system and generation process

Commercial Use

  • You may use generated designs for commercial purposes
  • We make no guarantees about uniqueness or originality
  • You are responsible for checking trademark/copyright conflicts

7. Prohibited Content

You may not upload or request designs containing:

  • Hateful or discriminatory content
  • Sexually explicit material
  • Violence or gore
  • Trademarked or copyrighted material without permission
  • Illegal content
  • Personal information
  • Malicious code

8. User Obligations

You agree to:

  • Use the Service legally and responsibly
  • Not attempt to reverse engineer the Service
  • Not automate or scrape the Service
  • Not overload or disrupt the Service
  • Respect usage limits and restrictions

9. Data Usage and Privacy

  • We collect and process data as described in our Privacy Policy
  • We may use anonymized designs to improve our AI system
  • We employ industry-standard security measures
  • We may share data with necessary service providers

10. Termination

We may suspend or terminate your account for:

  • Terms violation
  • Payment failure
  • Abuse of the Service
  • Any other reason at our discretion

11. Disclaimers and Limitations

  • Service provided “AS IS” without warranties
  • We are not liable for design outcomes
  • Maximum liability limited to fees paid
  • No guarantee of service availability
  • Results may vary

12. AI-Specific Disclaimers

  • AI generations may be imperfect or unexpected
  • Similar designs may be generated for different users
  • We cannot guarantee originality or uniqueness
  • AI system may have inherent biases or limitations

13. DMCA Compliance

  • We respond to DMCA takedown notices
  • Submit claims to admin@podmerchstudio.com
  • We may remove content upon valid notice
  • We may terminate repeat infringers’ accounts

14. Modifications to Service

We reserve the right to:

  • Modify or discontinue features
  • Update or change pricing
  • Alter generation algorithms
  • Modify these Terms with notice

15. Dispute Resolution

  • Disputes governed by Texas law
  • Mandatory arbitration for most disputes
  • Class action waiver
  • Small claims court option preserved

16. Indemnification

You agree to indemnify us against claims arising from:

  • Your use of the Service
  • Your content
  • Your violations of these Terms
  • Your disputes with others

17. Contact Information

For all inquiries regarding these Terms:

18. Changes to Terms

  • We may modify these Terms at any time
  • Changes effective upon posting
  • Continued use constitutes acceptance
  • Material changes notified by email

19. Severability

If any provision of these Terms is found unenforceable, other provisions remain in effect.

20. Entire Agreement

These Terms constitute the entire agreement between you and PodMerch Studio regarding the Service.