Terms & Conditions
Thanks for visiting Apliiq
Apliiq’s Service (the “Apliiq Service”) is located at apliiq.com and is operated by Apliiq, Inc. The Apliiq Service provides designers with the ability to make digital mockups of products, sellers with the ability to create custom apparel products for resale through their own websites, stores, marketplaces, or offline channels and buyers with the ability to find high-quality, unique products.
We offer the Apliiq Service subject to the following Terms, including Apliiq’s Privacy Policy and Use of Apliiq Service. If you do not agree to these Terms, you are not authorized to use the Apliiq Service. These Terms apply to all of our products and services. From time to time, we include terms for other products and services, those provisions are incorporated into these Terms.
Use of the Apliiq Service
Information Provided by You: Certain features of the Apliiq Service require sign up. If you choose to sign up, you agree to provide and maintain accurate, current and complete information about yourself. Your data and personal information about you are governed by our Privacy Policy.
Your Account, Password, and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. Please immediately notify Apliiq of any unauthorized use of your password or account or any other breach of security.
Promotions: Any contests, sweepstakes, surveys, games or similar promotions (collectively, “Promotions”) made available through the Apliiq Service may be governed by specific rules that are in addition to these Terms. By participating in any Promotion, you will become subject to those rules. To the extent that the terms and conditions of the Promotion rules conflict with these Terms, the terms and conditions of the Promotion will control.
Age Requirement: If you are under 13 years of age, you are not authorized to use the Service. If you are under 18 years old, you may use the Apliiq Service only with the approval of your parent or guardian.
Applicable Laws: In connection with your use of the Apliiq Service, you will comply with all applicable laws, regulations and industry standards.
General Practices and Instructions Regarding Use: You will comply with any instructions provided to you by Apliiq in connection with your use of the Apliiq Service. Apliiq may establish general practices and limits concerning use of the Apliiq Service. Apliiq reserves the right to change its instructions, general practices and limits at any time, in its sole discretion, with or without notice.
Designers: Apliiq Design
The Apliiq Service allows you to create branded products, which can be purchased online at apliiq.com, ordered for resale, or fulfilled through supported Apliiq services. The following are specific obligations regarding designing. To the extent any design violates these Terms, we may choose to remove, delete, or modify the design in our discretion.
Artwork Quality and Responsibility: Content you provide must meet Apliiq's production standards and the applicable artwork requirements for the decoration service, garment, and product you select. You are solely responsible for reviewing, understanding, and providing artwork, files, color selections, instructions, and design content that comply with Apliiq's published artwork guidelines, including the requirements available in Apliiq's Artwork Setup & Help knowledge base. Apliiq may, as a helpful courtesy, review artwork files, designs, instructions, or order details and may propose changes, request clarification, recommend a different production method, place an order on hold, cancel an order, or proceed with production in its discretion. However, any review, recommendation, proposal, approval, change, or confirmation by Apliiq or its artists, customer service team, production team, or systems does not guarantee a specific result, color, placement, print quality, stitch quality, production outcome, or level of quality, and does not transfer responsibility for artwork accuracy, completeness, suitability, legality, or production results from you to Apliiq. Apliiq is not responsible for unclear, inaccurate, incomplete, low-resolution, contradictory, improperly prepared, or non-compliant artwork, files, instructions, or color selections submitted by you or your customers.
Branding Supplies: Apliiq may offer Brand users or partners the opportunity to create, purchase, subscribe to, store, and use custom branding supplies, including but not limited to woven labels, printed labels, patches, hang tags, packaging materials, pack-ins, or other branded materials that may be applied to, inserted with, or used in connection with Apliiq-produced orders. Unless Apliiq expressly states otherwise in writing, branding supply programs are annual subscriptions that include the production or procurement of approved branded supplies, storage of those supplies by Apliiq, and on-demand application, sewing, insertion, or use of those supplies for eligible orders while the subscription remains active and the applicable supplies remain available. You are responsible for ensuring that your branding supply artwork, content, quantities, subscription status, application instructions, and order instructions are accurate and current. You are also responsible for monitoring your remaining branded supply inventory, usage rates, and order volume, and for reordering sufficient quantities in time to support your expected order stream. Running out of branded supplies, failing to maintain an active subscription, or failing to reorder supplies in a timely manner may delay production, delay shipment, require orders to be produced without the applicable branded supplies, or require Apliiq to place orders on hold. You should confirm that any order requiring branding supplies is properly configured before submission. If your branding supply subscription is cancelled, expires, is not renewed, or is terminated for non-payment or other account reasons, Apliiq may stop storing, applying, sewing, inserting, or otherwise using those branded supplies and may discard, destroy, recycle, or otherwise dispose of any remaining branded supplies without liability, except where Apliiq expressly agrees otherwise in writing.
Design Ownership: By creating a design through the Apliiq Service, you represent and warrant that you own or are the licensee of all trademark rights, copyrights, rights of publicity, and other intellectual property or proprietary rights necessary to create the design (“Design Content”), including any rights relating to the name, description, images, text, or URL used for the product. You will provide Apliiq with evidence of your Design Content ownership upon request.
Apliiq does not claim any ownership rights in the content you upload to the Apliiq Service. Please be sure you maintain copies of all of your work. Apliiq has no responsibility or liability for the deletion or failure to store any content or information uploaded to the Apliiq Service. Apliiq retains all ownership rights in any designs created by Apliiq designers and may not be used by you, other than in connection with your products on the Apliiq Service, without Apliiq’s express written consent.
For the purpose of producing your design and for the purpose of marketing the Apliiq Service, you hereby grant Apliiq a worldwide, non-exclusive, transferable, fully paid-up, sublicensable license under your Design Content to display, copy, modify, and distribute the content (including all related images, text, content, and information) you upload to the Apliiq Service in any medium Apliiq chooses.
Seller Agreement: Product Setup, Resale, and Fulfillment
Summary: If you use Apliiq to create, purchase, sell, resell, dropship, or fulfill custom products through your own website, marketplace account, sales channel, integration, retail store, event, or other channel, you are the seller of record for your customers and are responsible for running your business. Apliiq provides production, fulfillment, platform, and related services; Apliiq does not operate your store, manage your customers, guarantee your sales, or assume responsibility for your business losses.
Seller Status: If you use the Apliiq Service to create products for resale, whether online or offline, you are acting as an independent seller. You are not an employee, agent, partner, joint venturer, franchisee, representative, or legal affiliate of Apliiq, and you do not have authority to bind Apliiq or make commitments on Apliiq's behalf. As between you and Apliiq, you are solely responsible for the products you offer to your customers, the sales channels you use, your customer-facing terms and policies, your pricing, marketing, representations, and customer relationships.
Your Products, Listings, and Sales Channels: You are solely responsible for setting up, maintaining, and operating your own website, storefront, marketplace account, social commerce account, retail location, sales page, or other sales channel. This includes responsibility for product listings, descriptions, pricing, images, mockups, sizing guidance, shipping promises, promotional claims, checkout configuration, taxes, privacy notices, customer-facing terms, refund policies, and compliance with the rules of any third-party platform you use, including but not limited to Shopify, Etsy, WooCommerce, Wix, TikTok Shop, Amazon, eBay, Meta, Google, payment processors, shipping providers, and marketplace operators.
Artwork, Content, and Product Information: You are solely responsible for all artwork, designs, logos, trademarks, names, images, text, product descriptions, files, instructions, customer personalization details, and other content you upload, submit, publish, sell, or ask Apliiq to produce. You represent and warrant that all content you provide is accurate, lawful, non-infringing, and suitable for production. You are responsible for reviewing product proofs, mockups, order details, garment selections, sizes, colors, decoration methods, placements, and shipping information before submitting an order. Apliiq is not responsible for errors caused by inaccurate, incomplete, low-quality, unlawful, or unauthorized content or instructions submitted by you or your customers.
Customer Support and Post-Sale Obligations: Unless Apliiq expressly agrees otherwise in writing, you are solely responsible for customer support for your customers. This includes responding to customer questions, managing expectations, providing sizing and product information, handling complaints, setting and enforcing your own return and refund policy, addressing delivery questions, collecting evidence for order issues, communicating Apliiq's order issue requirements to your customers where applicable, and resolving disputes with your customers. Apliiq may provide support to you regarding Apliiq orders, but Apliiq is not responsible for providing customer service directly to your customers or for losses caused by your customer support decisions.
Resale Risk and Business Losses: You use the Apliiq Service, Apliiq applications, third-party integrations, product catalog, mockup tools, order tools, automation features, and fulfillment services at your own risk. You are responsible for understanding the products you sell and for setting accurate expectations with your end customers, including by ordering and reviewing samples from Apliiq before offering products for resale, launching new products, publishing product listings, running advertisements, or making customer-facing promises about fit, sizing, fabric feel, decoration appearance, color, finishing, packaging, production timing, or delivery. Apliiq samples are made available so you can evaluate products and communicate realistic expectations to your customers; failure to order, review, or rely on appropriate samples does not transfer responsibility for customer dissatisfaction, refunds, chargebacks, poor reviews, lost sales, or other business outcomes to Apliiq. To the fullest extent permitted by law, Apliiq is not responsible for lost profits, lost revenue, lost sales, loss of goodwill, account suspensions, marketplace penalties, advertising losses, chargebacks, payment processor reserves, customer refunds, store downtime, integration errors, listing errors, pricing errors, tax liabilities, product delistings, inventory unavailability, production delays, shipping delays, carrier errors, customs delays, or other business losses arising from or related to your resale activities, sales channels, customers, third-party platforms, samples, product expectations, or use of the Apliiq Service.
Integrations, Apps, and Third-Party Platforms: Apliiq may provide or support apps, plugins, APIs, integrations, import tools, export tools, automation features, or connections with third-party platforms. These tools may be affected by third-party platform changes, outages, limitations, permissions, data errors, synchronization delays, or configuration mistakes. You are responsible for monitoring your integrations, confirming that orders, product data, shipping addresses, artwork, variants, prices, taxes, and customer details are accurate, and correcting issues before production begins. Apliiq does not guarantee that any app, integration, connection, or automation will be uninterrupted, error-free, or compatible with every third-party platform at all times.
Compliance With Laws and Platform Rules: You are solely responsible for ensuring that your business, products, listings, content, advertising, marketing, customer communications, customer data practices, and sales comply with all applicable laws, rules, regulations, industry standards, and third-party platform policies. This includes, without limitation, consumer protection laws, advertising laws, privacy and data protection laws, tax laws, product safety rules, labeling and warning requirements, import/export rules, sanctions restrictions, intellectual property laws, right of publicity laws, marketplace policies, payment processor rules, email and SMS marketing rules, and any laws that apply to the locations where you sell, ship, or advertise.
Pricing, Taxes, Payments, and Chargebacks: You are solely responsible for setting your resale prices and for calculating, collecting, reporting, and remitting any taxes, duties, fees, assessments, or other charges associated with your sales, except where Apliiq expressly states in writing that it will collect or remit a specific charge. You are responsible for payment disputes, reversals, chargebacks, customer refunds, fraud claims, and related fees arising from sales between you and your customers, including where a dispute is caused by your listing, promise, advertisement, customer communication, policy, product setup, address submission, artwork, or sales channel. You agree to provide Apliiq with reasonable cooperation and information needed to investigate or respond to disputes involving Apliiq-produced products.
Product Variations and Production Realities: You acknowledge that custom apparel production may involve reasonable variations in garment availability, sizing, fit, measurements, shrinkage, dye lots, fabric texture, fabric weight, garment construction, garment finishing, tag placement, manufacturer labels, country of origin, print placement, stitch placement, decoration appearance, color reproduction, and other production characteristics. Many garment characteristics, including sizing standards, tolerances, fabric composition, garment cut, shrinkage behavior, wash performance, finishing, dye lots, and manufacturing consistency, are controlled by the garment manufacturer or supplier and not by Apliiq. Size charts, product specifications, digital images, mockups, and screen displays are approximations and may not exactly match finished products. You are responsible for reviewing garment specifications, selecting appropriate products for your customers, providing accurate sizing guidance, setting accurate customer expectations, and communicating that apparel can vary by manufacturer, style, color, size, production lot, and care method. You should not promise exact sizing, exact fit, exact shrinkage results, exact color matching, exact placement, exact garment finishing, exact production timing, guaranteed delivery dates, or outcomes that Apliiq has not expressly confirmed in writing.
Inventory, Substitutions, Production, and Shipping: Product availability, garment inventory, decoration methods, production capacity, shipping services, and delivery estimates may change. Apliiq may delay, reject, cancel, substitute, or modify an order where necessary because of inventory issues, production constraints, artwork issues, policy violations, suspected fraud, payment issues, intellectual property concerns, safety issues, supply chain disruptions, shipping limitations, or other business concerns. Delivery dates and production timelines are estimates unless Apliiq expressly provides a written guarantee for a specific order.
Indemnity: You agree to defend, indemnify, and hold harmless Apliiq and Apliiq's officers, directors, shareholders, employees, agents, vendors, suppliers, solution partners, affiliates, and licensors from and against all claims, demands, actions, losses, liabilities, damages, judgments, penalties, settlements, costs, and expenses, including reasonable attorneys' fees and costs, arising out of or related to: (a) your products, listings, artwork, content, instructions, sales channels, business operations, advertisements, customer communications, or customer-facing policies; (b) your use or misuse of the Apliiq Service, apps, integrations, or third-party platforms; (c) your violation of these Terms, Apliiq policies, applicable law, or third-party platform rules; (d) your infringement or alleged infringement of intellectual property, privacy, publicity, or other rights; (e) disputes between you and your customers; (f) taxes, chargebacks, refunds, recalls, product claims, or post-sale obligations associated with your resale activities; or (g) any act or omission by your employees, contractors, agents, collaborators, customers, store operators, or anyone using your account or sales channels.
Apliiq Remedies: If Apliiq determines, in its sole discretion, that your account, content, product, order, integration, sales channel, or activity creates legal, financial, operational, reputational, safety, fraud, chargeback, intellectual property, or policy risk, Apliiq may take action to protect itself and others. This may include refusing service, rejecting or cancelling orders, removing or disabling content, suspending production, delaying shipment, requiring additional information, restricting account features, disabling integrations, withholding funds or credits where permitted, closing your account, or taking other steps Apliiq determines are appropriate.
Warehousing and Fulfillment Services
Summary: Apliiq may offer warehousing and fulfillment services that allow approved partners to store premade products, packaging materials, pack-ins, and other fulfillment supplies at Apliiq locations so Apliiq can pick, pack, and ship those items to the partner's customers according to the partner's instructions. These services are governed by Apliiq's Warehouse Terms & Conditions, which are incorporated into these Terms by reference.
Approved Products and Supplies: Warehousing services are available only for products and fulfillment supplies that Apliiq approves for storage and fulfillment. Apliiq may review, measure, count, inspect, approve, reject, restrict, or modify eligibility for any product, packaging, pack-in, or other supply submitted for warehousing. Partners are responsible for ensuring that all warehoused items are lawful, non-perishable, properly identified, suitable for fulfillment, and compliant with Apliiq's policies, applicable law, shipping carrier requirements, and third-party platform rules.
Partner Ownership and Responsibility: Warehoused products and supplies are owned by the partner, not Apliiq. The partner is responsible for manufacturing or purchasing those items, delivering them to Apliiq, paying all applicable storage, fulfillment, shipping, tax, duty, and related charges, maintaining accurate inventory records, providing accurate product information, and giving clear fulfillment instructions. Apliiq is not responsible for business losses caused by insufficient inventory, inaccurate inventory information, missing or unavailable supplies, delayed inbound shipments, improper product setup, incorrect customer addresses, customs issues, carrier errors, or the partner's failure to monitor and manage warehoused inventory.
Pack-Ins, Custom Packaging, and Fulfillment Supplies: Partners may be able to store and use approved pack-ins, custom packaging, promotional materials, or other fulfillment supplies as part of warehousing services. Availability and use of these materials may depend on the Apliiq location fulfilling the order, the quantity in stock, product fit, packaging limitations, and operational feasibility. If the required pack-ins, custom packaging, or supplies are not available at the location fulfilling an order, do not meet Apliiq's requirements, or cannot reasonably be used for a specific shipment, the order may ship without those materials. Apliiq does not guarantee perfect inclusion or application of pack-ins, custom packaging, or other promotional materials with every order.
Storage Fees, Non-Payment, Termination, and Abandonment: Warehousing services may be subject to monthly storage fees, minimum fees, picking fees, fulfillment fees, shipping fees, and other charges. Apliiq may suspend, limit, or terminate warehousing services for non-payment, policy violations, inactivity, operational concerns, legal risk, or other business reasons. If a partner fails to pay amounts owed, fails to retrieve products after notice, cancels or terminates warehousing services, or otherwise abandons products or supplies, Apliiq may exercise any rights available under the Warehouse Terms & Conditions, including holding, selling, donating, destroying, recycling, discarding, or otherwise disposing of the products or supplies where permitted.
Warehouse Terms Control: This section is intended as a summary only. The full Warehouse Terms & Conditions govern Apliiq's warehousing and fulfillment services and control in the event of any conflict with this summary, except where these Terms expressly impose additional obligations on the partner.
Intellectual Property, Copyright, and DMCA Policy
Summary: Apliiq respects intellectual property rights, complies with the Digital Millennium Copyright Act (DMCA), reviews properly submitted notices of claimed copyright infringement, and maintains a repeat infringer policy for users who repeatedly submit or sell infringing content.
Your Responsibility for Content: You represent and warrant that you own or have all rights, licenses, permissions, and consents necessary for the artwork, designs, logos, trademarks, images, names, text, product descriptions, customer personalization, and other content that you upload, submit, publish, sell, or ask Apliiq to produce. You are responsible for ensuring that your content does not infringe or violate any copyright, trademark, right of publicity, privacy right, or other proprietary right of any third party.
DMCA Compliance: Apliiq complies with the DMCA and will respond to notices of alleged copyright infringement that satisfy the requirements of the DMCA and Apliiq's published DMCA process. Apliiq's official DMCA notice requirements are available in Apliiq's DMCA Notice Form. A valid DMCA notice should identify the copyrighted work claimed to have been infringed, identify the material claimed to be infringing, provide sufficient information for Apliiq to locate the material, provide contact information for the complaining party, include required good-faith and accuracy statements, and include the physical or electronic signature of the copyright owner or a person authorized to act on the owner's behalf.
DMCA Agent: Copyright owners or authorized agents may submit DMCA notices to Apliiq's designated DMCA agent at ian@apliiq.com, attention Legal Department. Apliiq may request additional information where a notice is incomplete or does not allow Apliiq to identify the allegedly infringing material.
Removal, Restriction, and Counter-Notice: When Apliiq receives a valid DMCA notice or otherwise determines that content may infringe third-party rights, Apliiq may remove or disable access to the content, reject or cancel affected products or orders, suspend production, restrict account features, or take other action Apliiq determines is appropriate. If you believe material was removed or disabled by mistake or misidentification, you may submit a counter-notice that satisfies DMCA requirements through Apliiq's published DMCA process. Apliiq may restore material only where permitted by law and after the applicable process has been completed.
Repeat Infringer Policy: Apliiq maintains an Intellectual Property Repeat Infringer Policy and may terminate, suspend, restrict, or otherwise limit accounts, users, products, designs, or sales activity associated with repeated infringement or repeated valid DMCA notices. Apliiq may treat a user as a repeat infringer after two or more valid DMCA takedown notices or copyright infringement determinations within a rolling 12-month period, and Apliiq reserves the right to act sooner in serious cases or where Apliiq determines that continued access creates legal, financial, operational, reputational, or policy risk.
No Evasion: You may not evade Apliiq's intellectual property enforcement by creating new accounts, using alternate accounts, resubmitting removed content, slightly modifying infringing content, or asking others to submit or sell the same or substantially similar content. Apliiq may consider evasion attempts when deciding whether to suspend, terminate, or restrict access to the Apliiq Service.
Buyers: Purchasing of Apliiq Products
Payment Information: You represent and warrant to Apliiq that payment information is true and that you are authorized to use the payment method. You will be responsible for all taxes associated with your purchase of Apliiq products through the Service.
Returns, Exchanges, Order Issues, and Chargebacks: Apliiq products are made to order, and Apliiq does not accept returns or exchanges except as expressly stated in Apliiq's published returns, exchanges, and order issue policies. If you believe an order contains a production defect, damage, or other serious issue, you must follow Apliiq's published order issue process, including submitting the Apliiq order ID, a clear photo of the issue, and a brief written description within 30 days after receiving the order. Apliiq, in its sole discretion, determines whether an issue qualifies for a replacement, refund, or other resolution. You agree to contact Apliiq and allow Apliiq a reasonable opportunity to review and resolve any order issue before initiating a payment dispute, reversal, or chargeback, except where prohibited by law or applicable payment network rules. You may find information about Apliiq's Returns & Exchanges Policy under that section of the Apliiq website, and dropshipping order issue information is available at How Do Refunds Work With Dropshipping?. Apliiq reserves the right to modify its returns, exchanges, and order issue policies at any time, subject to applicable law.
Shipping: Title and risk of loss for all merchandise ordered by you will pass to you on our delivery to the shipping carrier. A special note for international orders, Apliiq is not responsible for any delay, damage, or additional fees, imposed by customs. Apliiq maintains current Shipping Policies under that section of the Apliiq website. Apliiq reserves the right to modify the Shipping Policy at any time, for any reason.
Order Cancellations: All sales are final, and order cancellations are not guaranteed. Apliiq will try to accommodate cancellation requests when possible, but cancellations are available only at Apliiq's discretion and depend on how far the order has progressed through the production process. If Apliiq has not yet ordered the base garments for an order, the order may be eligible for cancellation and a full refund. Once Apliiq has ordered the base garments, the order can no longer be fully cancelled or fully refunded; if the order is abandoned at that stage, Apliiq may refund 100% of shipping fees and 20% of product costs. Once items have been printed, embroidered, or otherwise customized, product costs are no longer refundable because the items have been produced specifically for the order and cannot be reused for another customer; if the order is abandoned at that stage, Apliiq may refund 100% of shipping fees only. Apliiq also reserves the right to cancel any order for any reason, including where necessary to address production, inventory, payment, compliance, fraud, intellectual property, or other business concerns. Details about dropshipping order cancellation eligibility are available at How Can I Cancel a Dropshipping Order?. Apliiq reserves the right to modify its cancellation policy at any time, subject to applicable law.
Apliiq's Proprietary Rights
Service Content, Software, and Trademarks: You are only authorized to use the Apliiq Service for the purpose of engaging in business transactions with Apliiq. You may not use any automated technology to mine, scrape or gather any information from the Apliiq Service or otherwise access the pages of the Apliiq Service for any unauthorized purpose. If you are blocked by Apliiq from accessing the Apliiq Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). The technology and software underlying the Apliiq Service or distributed in connection therewith are the property of Apliiq, our affiliates and our partners (the “Software”). You agree not to modify, copy, create a derivative work of, reverse assemble, reverse engineer or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software.
The Apliiq Service contains images, artwork, fonts and other content or features (“Service Content”) that are protected by intellectual property rights and laws. Except as expressly authorized by Apliiq, you agree not to modify, frame, lease, loan, copy, rent, distribute, sell or create derivative works based on the Apliiq Service or the Service Content, in whole or in part. Any use of the Apliiq Service or the Service Content other than as specifically authorized herein is strictly prohibited. Any rights not expressly granted herein are reserved by Apliiq.
The Apliiq name and logos are trademarks and service marks of Apliiq (collectively the “Apliiq Trademarks”). Other company, product and service names and logos used and displayed via the Apliiq Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Apliiq. Nothing in these Terms or the Apliiq Service should be construed as granting any license or right to use any of Apliiq Trademarks displayed on the Apliiq Service, without our prior written permission in each instance. All goodwill generated from the use of Apliiq Trademarks will inure to Apliiq’s exclusive benefit.
Third-Party Material: Under no circumstances will Apliiq be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content or materials. To the maximum extent permitted under applicable law, the third party providers of such content and materials are express and intended third party beneficiaries of these Terms with respect to their content and materials.
Apliiq may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Apliiq, its users or the public.
Third-Party Websites
The Apliiq Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Apliiq has no control over such sites and resources and Apliiq is not responsible for and does not endorse such sites and resources. Apliiq will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Apliiq Service are between you and the third party, and you agree that Apliiq is not liable for any loss or claim that you may have against any such third party.
Disclaimer of Warranties
Your use of the Apliiq Service is at your sole risk. The Apliiq Service is provided on an “as is” and “as available” basis. To the fullest extent permissible pursuant to applicable law, Apliiq and its affiliates expressly disclaim all warranties of any kind, whether express or implied, including but not limited to any warranties of title, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Limitation of Liability
Under no circumstances including, without limitation, its own negligence, shall Apliiq or its parents, subsidiaries, officers, shareholders, employees, affiliates, directors, agents, suppliers, or any other party involved in creating, producing, transmitting, or distributing Apliiq or related services be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses (even if Apliiq has been advised of the possibility of such damages), resulting from: (a) the use or inability to use the site; (b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the site; (c) unauthorized access to or alteration of your transmissions or data; (d) statements or conduct of any third party on the site or (e) any other matter relating to the site. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above may not apply to you. In such jurisdictions, liability is limited to the fullest extent permitted by law.
Termination
Apliiq, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Apliiq Service and remove and discard any content within the Apliiq Service, for any reason. Further, you agree that Apliiq will not be liable to you or any third party for any termination of your access to the Apliiq Service. Upon termination of your account or discontinuation of your use of the website, Apliiq is not required to clear your designs, products, Design Content, Product Content, text and related content.
Relationship
Each party is an independent contractor in the performance of each and every part of these Terms. Each party will be solely responsible for all of its employees and agents and its labor costs and expenses and for any and all claims, liabilities or damages or debts of any type whatsoever that may arise on account of its activities, or those of its employees or agents, in the performance of its activities under these Terms. You do not have the authority to commit Apliiq in any way and will not attempt to do so or imply that you have the right to do so.
General
These Terms and Conditions and your relationship with Apliiq shall be governed by and construed in accordance with the laws of the State of Delaware, without resort to its conflict of law provisions. You and Apliiq agree to submit to the personal and exclusive jurisdiction of the courts located within. No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement. Apliiq may assign its rights and responsibilities hereunder without notice to you. The failure of a party to exercise or enforce any right or provision of this Agreement will not constitute a waiver of the right or provision. Apliiq's failure to act with respect to a breach by you or others does not waive Apliiq's right to act with respect to subsequent or similar breaches. This Agreement, together with the Use of Apliiq Service Agreement, the Seller Agreement, Privacy Policy, Shipping Policy, Return Policy, and Warehouse Terms & Conditions constitutes the entire agreement between you and Apliiq, and supersedes all other communications, written or oral, with regard to the site and services provided by Apliiq.
Questions? Concerns? Suggestions?
Please contact us with any questions regarding these Terms or the Apliiq Service.