Terms of Use
TERMS OF USE
Last Updated: October 18, 2026
Tinker Tailor Creator Inc. (the “Tinker Tailor,” “we,” “our,” or “us”) operates an online platform, design tools, AI-powered customization services, influencer storefronts, social-commerce features, and other services (collectively, the “Platform”) accessible through our website located at www.tinkertailor.com (the “Website”). These Terms of Use (these “Terms”) govern your access to and use of the Platform.
PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY THESE TERMS, THE PRIVACY POLICY LOCATED AT www.tinkertailor.com/privacy, THE RETURN POLICY LOCATED AT www.tinkertailor.com/returns (IF APPLICABLE), AND ANY OTHER POLICIES OR PROGRAM TERMS POSTED ON THE PLATFORM OR OTHERWISE PROVIDED BY US, ALL OF WHICH ARE INCORPORATED HEREIN BY REFERENCE (COLLECTIVELY, THE “AGREEMENT”). IF YOU ACCEPT THIS AGREEMENT ON BEHALF OF AN ENTITY, YOU WARRANT AND REPRESENT THAT YOU HAVE THE RIGHT TO ACCEPT AND ENTER INTO THIS AGREEMENT ON BEHALF OF SUCH ENTITY. IF YOU DO NOT AGREE TO THE AGREEMENT, YOU ARE NOT PERMITTED TO ACCESS OR USE THE PLATFORM.
We reserve the right, in our sole discretion, to modify, suspend, discontinue, or terminate the Platform, any feature, program, or Product, or to modify the Agreement, at any time. If we make material modifications to the Agreement, we will post the revised version on the Platform and may require affirmative re-acceptance. Changes will be effective upon posting or on the date stated in the revised Agreement. By continuing to access or use the Platform after the effective date, you agree to the revised Agreement. If the revised Agreement is not acceptable, your only recourse is to cease using the Platform.
THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.
DEFINITIONS
“Affiliate Link” means a unique link, code, tag, or other attribution mechanism issued to you by us for use in connection with your marketing and promotion of Products.
“AI Tools” means the artificial-intelligence models, algorithms, prompts, interfaces, software, APIs, systems, and related technology made available or used by us.
“Content” means text, graphics, images, audio, video, software, code, data, product listings, tutorials, trademarks, interfaces, and other materials made available through the Platform.
“Clothing Designs” means (i) all apparel, garment, fashion, accessory, and product designs, including all silhouettes, styles, cuts, fits, constructions, configurations, specifications, measurements, dimensions, pattern pieces, templates, schematics, technical designs, tech packs, sketches, renderings, digital models, prototypes, samples, and other design elements or visual expressions made available by or through the Platform; (ii) all modifications, adaptations, enhancements, derivative works, variations, improvements, customizations, reconfigurations, sizing changes, fit adjustments, and other alterations of the foregoing; and (iii) anything described in subsection (i) that is created, generated, configured, customized, or otherwise developed by or on behalf of any user through use of the Platform or any AI Tools.
“Designs” means Clothing Designs and Print Designs.
“Design Inputs” means any content, specifications, instructions, measurements, or other information provided by a User in connection with the design of a Product.
“Design Outputs” means a Product or any content or result generated or returned by the Platform or an AI Tool or through use of the Designs.
“Featured Creator” means an individual or entity approved by Tinker Tailor who is given a dedicated co-branded Storefront.
“Login Credentials” means a User ID, password, authentication token, or other information used to access or secure an account.
“Manufacturer” means a third-party manufacturer, supplier, fulfillment provider, drop-shipper, or other production partner used by Tinker Tailor.
“Net Sales” means amounts actually received and retained by Company for a Qualifying Purchase after deducting taxes, shipping, duties, discounts, refunds, returns, cancellations, chargebacks, nonpayment, and other exclusions identified in the applicable Program Terms.
"Print Designs" means (i) all artwork, prints, patterns, motifs, graphics, illustrations, textile designs, surface designs, embellishments, colorways, repeats, layouts, compositions, and other visual content made available by or through the Platform; (ii) all modifications, adaptations, enhancements, derivative works, variations, improvements, customizations, reconfigurations, colorways, and other alterations of the foregoing; and (iii) anything described in subsection (i) that is created, generated, configured, customized, or otherwise developed by or on behalf of any user through use of the Platform or any AI Tools.
“Products” means garments, merchandise, customized items, and related products offered through the Platform.
“Program Terms” means any additional written or online terms that Tinker Tailor designates for any Storefront, affiliate program or other similar program.
“Purchaser Data” means information relating to a purchaser or order, including name, contact information, billing and shipping information, order details, User measurements, and delivery information.
“Qualifying Purchase” means a completed and paid Product purchase that is not excluded under these Terms or applicable Program Terms.
“Storefront” means a Tinker Tailor-approved page on our Website or a Product collection associated with a Featured Creator.
“User Content” means any Design Input, text, images, photographs, measurements, names, logos, specifications, instructions or other materials submitted or made available to us through your account in connection with use of the Platform.
“User ID” means the user-name or other account identifier used to access your account.
“Your Products” means Products created by you through your use of the Platform
1. PRIVACY POLICY
Your use of the Platform may involve the transmission to us of personal information and/or payment information. Our collection and use of such information are governed by our Privacy Policy located at www.tinkertailor.com/privacy, which is incorporated herein by reference.
To operate the Platform and fulfill orders, we may disclose Purchaser Data and relevant User Content to Manufacturers and other service providers, affiliates, professional advisers, and contractors, in each case as reasonably necessary to produce, personalize, package, fulfill, ship, support, secure, administer, and improve Product orders or the Platform, as described in the Privacy Policy or permitted by law. Some Products may be produced and shipped directly by a Manufacturer. By placing a Product order or by submitting information to the Platform, you authorize these disclosures.
2. INTELLECTUAL PROPERTY
Content.
The Platform contains materials, including software, source and object code, interfaces, algorithms, prompts, data, text, graphics, images, audiovisual works, tutorials, product listings, and other materials provided by or on behalf of us (collectively, the “Content”). The Content is owned by us or our licensors and is protected under United States and foreign intellectual-property laws. Unauthorized use of any Content may violate copyright, trademark, trade-secret, patent, and other rights.
The Platform and AI Tools.
Subject to your compliance with the terms of the Agreement, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Platform and AI Tools during the term of this Agreement solely (i) for personal, lawful, noncommercial use, to create, customize, order, purchase, and use Products, and/or (ii) for the authorized promotion of Your Products through your social media channels using an Affiliate Link, as specifically permitted in these Terms and any applicable Program Terms. If you are a Featured Creator, in addition to the foregoing rights, you are also permitted to promote Your Products through your Storefront. As between the parties, we exclusively own and shall retain ownership of all right, title and interest in and to the Platform and AI Tools, together with all related intellectual property rights. You receive no rights in or to the Platform or any AI Tools except for the limited license expressly set forth in the immediately preceding sentence. You may not sell, transfer, assign, license, sublicense, modify, reproduce, distribute, publicly display, publicly perform, create derivative works from, extract, or otherwise use the Platform or any Content except as expressly permitted herein.
Elements of the Platform are protected by trade dress, trademark, unfair-competition, copyright, trade-secret, and other laws and may not be copied or imitated in whole or in part, including through framing, mirroring, or unauthorized APIs. No Content or other Platform material or functionality may be retransmitted or made available outside the Platform.
Designs and Design Outputs.
As between the parties, we exclusively own and shall retain ownership of all right, title, and interest in and to all Designs and Design Outputs, together with all related intellectual property rights. To the extent any such rights do not automatically vest in us, you irrevocably assign them to us and will execute further documents reasonably requested to confirm that ownership. Subject to your compliance with the Agreement, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license during the term of the Agreement to use the Designs and Design Outputs solely as necessary to create, customize, order, purchase, and use Your Products. Except for the limited license expressly granted in this Section, you receive no right, title, or interest in or to any Design or Design Output, or related intellectual property. Without limiting the foregoing, we may use, license, modify, distribute, or otherwise exploit any Design or Design Output and may permit any third party to do the same, for any purpose, and no Design or Design Output or license granted hereunder is exclusive to you. These terms apply regardless of whether the Products are branded with Tinker Tailor Trademarks, Third-Party Trademarks, or co-branded with your branding, marks or logos.
User Content.
You retain rights in your User Content, but you grant to us a worldwide, perpetual, irrevocable, royalty-free, fully paid, transferable, sublicensable license to use, reproduce, modify, adapt, combine, create derivative works from and otherwise exploit the User Content in connection with the provision to you of the Platform and the manufacture, distribution, sale, display, marketing and other exploitation of the Design Output and Products. You are solely responsible for all User Content that is uploaded, submitted, created, shared, published, or otherwise made available by you or through your account. You represent and warrant that you have all rights, permissions, and consents necessary to grant this license and that the User Content does not violate the Agreement or any law or third-party right copyright, trademark, right of publicity, privacy, or other intellectual property or other right. We are not obligated to monitor, screen, review, or pre-approve User Content. However, we reserve the right, but not the obligation, to investigate alleged violations and to remove, disable, or restrict access to any User Content at any time and for any reason.
User Photos and Generated Images.
If you choose to upload a photo of yourself (a "User Photo"), you grant us and our service providers a non-exclusive, royalty-free, worldwide, sublicensable (solely to our service providers acting on our behalf) license to store, process, modify, and create derivative works from your User Photo solely to generate images depicting you wearing Your Products ("Generated Images"). You further grant us the right to use your name, image, and likeness as depicted in Generated Images, and to display, reproduce, and distribute Generated Images, in connection with (i) your Storefront and (ii) the marketing, promotion, sale, and distribution of Your Products.
Additional information about how we collect, use, retain, and delete User Photos is in our Privacy Policy.
You represent and warrant that, with respect to each User Photo: (a) you are the only individual depicted; (b) you are at least 18 years old; (c) you own or have all rights necessary to upload the User Photo and grant the rights in this Section; and (d) the User Photo complies with our Code of Conduct. We may reject or remove any User Photo or Generated Image at any time.
Generated Images are illustrative only and may not accurately reflect fit, size, color, or appearance. We may label Generated Images as AI-generated. If you use Generated Images in connection with your marketing or promotion of the Products, you are solely responsible for ensuring that your use of Generated Images is not misleading to consumers.
You may delete a User Photo or Generated Image at any time through your account settings. The license in this Section terminates upon such deletion or termination of the Agreement, except that we may (i) continue to use Generated Images for up to 90 days to wind down active listings and marketing, (ii) retain records as required by law, and (iii) are not required to recall materials distributed or orders fulfilled before termination. We will delete User Photos within 90 days after deletion or termination, subject to applicable law.
Trademarks.
Trademarks, service marks, trade names, and logos of Tinker Tailor displayed on the Website, Platform and/or on Products (the “Tinker Tailor Trademarks”), are registered or unregistered marks of ours. Other names and marks appearing on the Website or Platform may belong to third parties (the “Third-Party Trademarks” and, together with the Tinker Tailor Trademarks, the “Trademarks”). Except as expressly set forth herein, nothing in the Agreement grants, by implication, estoppel, or otherwise, any license or right to use a Trademark without our prior written consent for each use.
Copyright Policy; DMCA.
We respect the intellectual property rights of others and expects users of the Platform to do the same. We will respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act ("DMCA") and other applicable laws. If you believe that any content, material, design, image, artwork, text, or other content made available through the Platform infringes your copyright, you may submit a written notification to the Company's designated copyright agent containing the following information:
(a) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner's behalf;
(b) identification of the copyrighted work claimed to have been infringed;
(c) identification of the allegedly infringing material and information reasonably sufficient to permit us to locate the material;
(d) your name, address, telephone number, and email address;
(e) a statement that you have a good faith belief that use of the material is not authorized by the copyright owner, its agent, or the law; and
(f) a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
DMCA notices should be sent to the following address:
Copyright Agent: our designated Copyright Agent, whose name, email address and mailing address are listed on our DMCA page
Upon receipt of a valid DMCA notice, we may remove or disable access to the allegedly infringing material and take any other action we deem appropriate.:
If you believe that material removed or disabled as a result of a DMCA notice was removed or disabled by mistake or misidentification, you may submit a counter-notification containing the following information, and we may restore removed content in accordance with the DMCA:
(a) your physical or electronic signature;
(b) identification of the material that was removed or disabled and the location at which it appeared before removal;
(c) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and
(d) your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of the federal court located in the judicial district in which your address is located, or if outside the United States, any judicial district in which the Company may be found, and that you will accept service of process from the person who submitted the original DMCA notice.
3. CODE OF CONDUCT
By accessing or using the Platform, you agree to comply with the terms and conditions of this Agreement, including without limitation, the following guidelines, and all applicable laws, rules and regulations:
- You will not use the Platform for any unlawful, fraudulent, deceptive, defamatory, harassing, discriminatory, abusive, or otherwise harmful purpose;
- You will not access or use the Platform to collect competitive intelligence, conduct market research or benchmarking, train a competing model, or develop, market, or support a competing product or service;
- You will not impersonate any person or entity or falsely state or otherwise misrepresent your identity, affiliation, authorization, sponsorship, endorsement, or relationship with any person or entity;
- You will not decompile, reverse engineer, disassemble, decode, extract, copy, reproduce, or attempt to discover the source code, model weights, prompts, datasets, algorithms, underlying ideas, or other protected technology of the Platform or AI Tools;
- You will not cover, obscure, block, or interfere with advertisements, safety features, content moderation, attribution tools, access controls, or other protective features on the Platform;
- You will not circumvent, remove, alter, deactivate, degrade, or thwart any security measure or other protection on the Platform;
- You will not take any action that imposes or may impose, in our sole discretion, an unreasonable or disproportionately large load on the technical infrastructure, including through excessive, abusive, high-volume, automated, or unusually compute-intensive AI generation, API calls, uploads, or other use;
- You will not interfere with or attempt to interrupt the proper operation of the Platform through a virus, malware, device, information-collection or transmission mechanism, software, routine, hacking, password or data mining, credential stuffing, or unauthorized access to any data, file, account, or password;
- You will not upload, submit, or use User Content unless you own or control the necessary rights and permissions, and you will not submit sensitive personal information about another person without authorization;
- You will not upload, submit, or use any User Content depicting illegal activity, nudity, sexually explicit content, child exploitation, violence, self-harm, hate speech, harassment, or any other content that is unlawful, offensive, harmful, or inappropriate for the intended use of the Platform.
- You will not use the Platform to generate, print, market, or sell content that is unlawful, counterfeit, obscene, hateful, violent, exploitative, or that infringes or violates a person’s privacy, publicity, intellectual property or other rights, or any law, rule or regulation;
- You will not use a person’s name, image, likeness, voice, identity, or trademark without all required permissions or in a way that suggests an unapproved endorsement, sponsorship, or affiliation;
We reserve the right to review, reject, remove, or disable access to User Content that violates this Code of Conduct or the terms of this Agreement.
4. FEEDBACK
If you provide us with any feedback, comments, suggestions, reviews, testimonials, or other communications relating to the Platform, any Design, any Product, or otherwise (collectively, “Feedback”), we may use, reproduce, disclose, modify, adapt, publish, distribute, display, perform, and incorporate such Feedback for any purpose, including, without limitation, developing, producing, improving, and marketing our Platform, Designs, AI Tools, Content, products or services, without compensation or attribution to you.
5. ACCOUNTS, TERMS OF SALE, AND FULFILLMENT
Account; Registration.
An account may be required for access to and use of the Platform. We may accept or reject any registration in its sole discretion. When creating an account, you must provide true, accurate, current, and complete information and promptly update it. Login Credentials may be used only by the authorized account holder. You are responsible for maintaining the confidentiality of your Login Credentials and for all activity associated with your account. You must notify us promptly of unauthorized use or a security breach relating to your Login Credentials. We reserve the right to change or disable Login Credentials at any time.
Self-design and customization.
The Platform allows you to create or customize Products through use of our Designs and your Design Inputs. You are solely responsible for all Design Inputs, including, without limitation, the accuracy, legality, and suitability thereof. You are also solely responsible for final approval the Designs Output, and for checking spelling, placement, dimensions, colors, materials, sizing, and other specifications before submitting a Product order or publishing, promoting, or selling a Product as permitted herein. We may refuse, remove, edit, or cancel a Design, Design Output, or Product order that violates the Agreement, applicable law, or a Manufacturer’s production requirements.
Orders; order acceptance.
Products orders may be placed through the Website or the Platform. We may verify information, limit quantities, refuse service, cancel or reject any order, or correct pricing, availability, or other errors in our sole discretion, including after confirmation or shipment notification. If we accept an order, you agree to pay the price displayed at checkout, together with applicable shipping, handling, taxes, duties, and other disclosed charges.
Payment processing.
Payments are processed by Stripe, Inc. or another processor selected by us (the “Payment Processor”). We do not collect, store, or process payment card information. By submitting payment information, you authorize us to transmit your credit card information to the Payment Processor for payment processing and agree that the Payment Processor’s services are provided subject to the Payment Processor’s applicable terms and privacy practices. We do not control or guarantee the availability or security the Payment Processor’s services, and we are not responsible for any errors, acts, or omissions of the Payment Processor.
Order changes and cancellation.
Product orders can only be cancelled before an order enters production. Because Products may be made to order or personalized, cancellation, modification, or refund is not available after production begins except as required by applicable law or as otherwise set forth in our Product Return Policy www.tinkertailor.com/returns. We may cancel an order at any time for pricing, inventory, manufacturing, fraud, legal, payment, or other operational reasons and will provide any refund required by law or the applicable order terms.
Shipping; manufacturing; drop-shipping; risk of loss.
We use Manufacturers to produce, package, fulfill, and deliver Products to purchasers. A Manufacturer may produce or ship a Product directly to the applicable purchaser, and the package or shipping label may identify that Manufacturer or another fulfillment provider. Delivery dates are estimates and may vary. The purchaser is responsible for shipping charges, providing a complete and accurate address, accepting delivery, and any customs, import, or similar charges. We are not responsible for delay, loss, damage, failed delivery, returned shipments, or additional shipping costs caused by a Manufacturer, incorrect address, refusal or failure to accept delivery, customs, or events outside of our control, except to the extent applicable law requires otherwise.
Product information and errors.
Product descriptions, images, colors, sizing, measurements, customization previews, AI-generated renderings, specifications, prices, promotions, and availability are approximate and may change without notice. Screen settings, materials, manufacturing processes, and the nature of AI generation may produce reasonable variations between a preview and a finished Product. We may correct typographical, technical, pricing, design, or other errors, update information, cancel or adjust orders, revise or discontinue Products, limit quantities, and revise, suspend, or terminate promotions at any time, including after an order is submitted.
Returns and exchanges.
Upon delivery, the purchaser of a Product must promptly inspect the shipment for completeness, damage, and conformity. Quantity discrepancies, visible damage, or other delivery issues must be reported in accordance with our Product Return Policy www.tinkertailor.com/returns, which is incorporated herein by reference. Product returns, exchanges, refunds, and credits are governed by our Product Return Policy.
6. PROMOTION OF PRODUCTS BY YOU
Eligibility and approval.
We may invite, approve, reject, or remove any Featured Creator in our sole discretion. Participation as an Featured Creator is conditional on compliance with the Agreement, applicable Program Terms, and any written instructions or approval requirements that we provide. Approval does not guarantee access, sales, commissions, traffic, inventory, or continued participation.
Storefronts and Social-Media Sales.
We may, in our sole discretion, provide you with a Storefront (if you are a Featured Creator) or an Affiliate Link. We control the Products, images, copy, pricing, inventory, order acceptance, fulfillment, and availability made available through those tools and may modify, suspend, or remove them at any time. You will not use any links, codes, or Product claims, descriptions or disclosures in connection with the promotion or sale of Products, unless provided by us or pre-approved in writing by us. All Product purchases made through your Storefront and/or Affiliate Link are subject to the terms of Section 5 above.
No Exclusivity.
Unless we enter into a separate written agreement with you, signed by an authorized representative of ours that expressly states otherwise, (i) your right to market and promote Products through a Storefront and/or an Affiliate Link is non-exclusive and creates no exclusivity, minimum commitment, territory, preferred status, guaranteed sales, or guaranteed commission; (ii) you may promote the products of other businesses; and (iii) we may, either directly or through third parties, offer the same Products through other channels.
Independent Contractor Status.
You are an independent contractor and not an employee, agent, partner, or representative of ours. You have no authority to bind us or incur obligations on our behalf and you are solely responsible for all taxes and other obligations arising from your performance under the Agreement.
Promotional Content; Compliance with Laws.
You are solely responsible for your promotional content and you warrant and represent that you own or have obtained all rights and permissions needed for all such content; that the content is truthful, current, and not misleading; that it reflects your honest opinions and experience; and that it complies with applicable advertising, consumer-protection, privacy, intellectual-property, tax, endorsement laws, rules and regulations, as well as all social-media and other applicable third-party terms of use, rules and policies (collectively, “Applicable Laws”). You further warrant and represent that performance of your obligations and exercise of your rights under this Agreement shall comply with all Applicable Laws.
Publicity and Likeness License.
If you are a Featured Creator, you agree that we may use your name, username or social-media handle, image, likeness, voice, signature, biography, logos, trademarks, Storefront, User Content (for the avoidance of doubt, this includes, without limitation, any User Photos), promotional content, testimonials, statements, and performance metrics, in connection with the advertising, marketing, promotion, sale and distribution of Your Products and the Platform.
Co-Branding.
You hereby grant us a non-exclusive, royalty-free license to use your name, marks and/or logo (the “Featured Creator Marks”), together with the Tinker Tailor Trademarks, in connection with your Storefront. If you are a Featured Creator, you have the option of co-branding Your Products with Tinker Tailor Trademarks. If you select this option through the Platform, you hereby grant us a non-exclusive, royalty-free license to use your Featured Creator Marks, together with Tinker Tailor Trademarks, to develop, manufacture, market, sell, and distribute co-branded Products. You retain ownership of the Featured Creator Marks, and all goodwill arising from the use thereof shall inure to your benefit.
Access and AI Usage Charges.
The Platform and AI Tools are currently provided to you at no charge, but we reserve the right to impose or change fees at any time upon notice to you. In particular, we reserve the right to charge for excessive, abusive, high-volume, automated, or unusually compute-intensive use, including without limitation, AI generation, API calls, uploads, or storage.
Commission; Referral Fee.
Subject to the terms of the Agreement, you will earn a commission, which is currently equal to twenty percent (20%) of Net Sales from Qualifying Purchases of Your Products made through your Storefront (if you are a Featured Creator) or made using your Affiliate Link (the “Commission”).
In addition to the Commission, and also subject to the terms of this Agreement, we will pay you a referral fee which is currently equal to ten percent (10%) of Net Sales from Qualifying Purchases of Products other than Your Products which are made using your Affiliate Link, less any commission(s) that we pay to any other Featured Creator(s) for such Products (the “Referral Fee”).
We reserve the right to change the Commission and/or Referral Fee amount at any time upon notice to you. We pay Commissions and Referral Fees to you on a monthly basis, within thirty (30) days of the end of each calendar month. We may withhold payment of Commissions and/or Referral Fees until the Product purchase is no longer subject to adjustments for refunds, returns, cancellations, chargebacks, nonpayment, and other exclusions identified in the applicable Program Terms.
Purchaser Data.
We have no obligation to provide you with any Purchaser Data. All purchases made through your Storefront (if you are a Featured Creator) or using your Affiliate Link are transactions directly between us and the applicable consumer, and you will have no right to receive or access any Purchaser Data. To the extent you independently obtain any personal information or other data relating to a purchaser of Product(s), whether directly from the purchaser or from any other source, you will collect, use, store, share, and otherwise process such information in compliance with all Applicable Laws, and you will implement and maintain appropriate administrative, technical, and organizational safeguards to protect such information against unauthorized access, use, disclosure, alteration, or destruction.
Sales Analytics and Reporting.
If you are a Featured Creator, we will provide you, through the Platform, with reporting of data and analytics regarding sales of Your Products. Such reporting may include aggregated and consolidated data concerning sales performance, geographic distribution of sales, customer purchasing trends, product demand, and other insights derived from Your Product transactions processed through the Platform. We will determine, in our sole discretion, the nature, content, format, and frequency of such reports, and we may modify or remove the reporting functionality at any time.
7. NO WARRANTIES; LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE, PLATFORM, AI TOOLS, CONTENT, DESIGNS, DESIGN OUTPUTS, PRODUCTS, STOREFRONTS, AFFILIATE LINKS, AND ALL RELATED SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE HEREBY DISCLAIM ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, DURABILITY, ACCURACY, AVAILABILITY, SECURITY, QUIET ENJOYMENT, ERROR-FREE OR UNINTERRUPTED OPERATION, AND WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. WE DO NOT WARRANT THAT ANY DESIGN OR DESIGN OUTPUT IS UNIQUE, ACCURATE, COMPLETE, MANUFACTURABLE, AVAILABLE, SUITABLE FOR YOUR PURPOSE, OR FREE OF THIRD-PARTY RIGHTS; OR THAT PRODUCTS WILL FIT, MATCH COLORS OR SCREEN IMAGES, OR BE FREE FROM DEFECTS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU USE THE WEBSITE, PLATFORM, AI TOOLS, CONTENT, DESIGNS, DESIGN OUTPUTS, PRODUCTS, STOREFRONTS, AND RELATED SERVICES AT YOUR OWN RISK. AI OUTPUTS MAY CONTAIN ERRORS AND UNINTENDED CONTENT, AND YOU ARE RESPONSIBLE FOR REVIEWING AND APPROVING A DESIGN BEFORE ORDERING, USING, PROMOTING, OR SELLING A PRODUCT.
THE WEBSITE, PLATFORM AND CONTENT MAY CONTAIN TECHNICAL INACCURACIES, TYPOGRAPHICAL ERRORS, PRICING ERRORS, OR OMISSIONS. WE MAY MAKE CHANGES, CORRECTIONS, UPDATES, OR IMPROVEMENTS AT ANY TIME WITHOUT NOTICE. WE ARE NOT RESPONSIBLE FOR THE ACTS OR OMISSIONS OF A MANUFACTURER, CARRIER, PAYMENT PROCESSOR, SOCIAL-MEDIA PLATFORM, OR OTHER THIRD PARTY.
IN CONNECTION WITH ANY WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHER CLAIM, (I) WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOST PROFITS, LOST REVENUE, LOST DATA, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY; AND (II) OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE AGREEMENT OR THE WEBSITE, PLATFORM, AI TOOLS, OR PRODUCTS WILL NOT EXCEED THE GREATER OF (i) AN AMOUNT EQUAL TO THE COMMISSION PAID BY US TO YOU UNDER THIS AGREEMENT, IF ANY, OR (ii) $1,000.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR DAMAGES. THEREFORE, SOME LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU. NOTHING IN THE AGREEMENT LIMITS LIABILITY, RIGHTS, OR REMEDIES THAT CANNOT LAWFULLY BE LIMITED OR WAIVED.
8. EXTERNAL SITES
The Website and Platform may contain links or other connections to third-party websites, applications, services, and platforms (collectively, “External Sites”). These connections are provided for convenience and are not an endorsement. External Sites are controlled by others and may have separate terms and privacy policies. We do not control or assume responsibility for their content, accuracy, security, availability, products, services, fees, or practices. If you access or use an External Site, you do so at your own risk and must comply with its terms.
9. INDEMNIFICATION
You will indemnify, defend, and hold harmless us and our parents, subsidiaries and affiliates, and our and their respective shareholders, members, officers, directors, employees, and agents (collectively, the “Tinker Tailor Indemnitees”) from and against any and all claims, actions, proceedings, damages, liabilities, losses, judgments, settlements, costs, and expenses, including reasonable attorneys’ fees (collectively, “Losses”), arising out of or relating to: (i) your breach of the Agreement; (ii) your access to or use or misuse of the Website, Platform, AI Tools, Content, Products, Designs, Design Outputs, Trademarks, or External Sites; (iii) your User Content, your promotional content, or any allegation that such materials or use thereof infringe, misappropriate, or violate a third party’s rights; (iv) your Affiliate Link, social-media activity, advertising, or affiliate activity; (v) your violation of any Applicable Law; or (vi) your fraud, gross negligence or willful misconduct. You must provide reasonable cooperation at your expense and may not settle a Claim in a manner that admits fault by, imposes obligations on, or restricts a Tinker Tailor Indemnitee without our prior written consent.
10. COMPLIANCE WITH APPLICABLE LAWS
The Website and Platform are based in the United States. We make no representation that the Website, Platform, Content, AI Tools, Designs, Products, or services are appropriate or available for use outside the United States, and you are not permitted to use the Platform where prohibited by law. If you access or use them from elsewhere, you do so at your own risk. You are solely responsible for compliance with all applicable laws, rules and regulations.
11. TERMINATION OF THE AGREEMENT
We may, in our sole discretion, restrict, suspend, or terminate the Agreement or any User’s access to all or any part of the Platform at any time and for any reason, with or without notice or liability. We may also restrict, suspend, or terminate that your Storefront (if you are a Featured Creator), Affiliate Link, program participation, or commission. We may remove User Content, cancel pending orders, revoke licenses, withhold or reverse unpaid commissions, and change, suspend, or discontinue any feature or service, subject to applicable law. Upon termination, you must immediately stop using the Platform and pay all amounts due, and immediately cease representing any relationship with us and stop using your Storefront (if you are a Featured Creator) and Affiliate Link. Termination does not affect accrued rights or obligations, accepted orders, or any rights and licenses that by their nature or under these Terms survive termination.
12. BINDING ARBITRATION
In the event of a dispute between us and you arising under or relating to the Agreement (each, a “Dispute”), the Dispute will be finally and exclusively resolved by binding arbitration governed by the Federal Arbitration Act (“FAA”), except where applicable law prohibits arbitration or permits a claim in small-claims court. NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE A DISPUTE IN COURT OR HAVE A JURY TRIAL, EXCEPT THAT EITHER PARTY MAY BRING AN ELIGIBLE CLAIM IN ITS LOCAL SMALL-CLAIMS COURT. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY BE LIMITED. Arbitration will be administered by JAMS under its then-current applicable rules and procedures, available at www.jamsadr.com, unless the parties agree otherwise or applicable law requires a different administrator. The arbitrator’s decision will be final, subject to the limited review permitted by applicable law. Each party will be responsible for filing, administrative, and arbitrator fees as provided by the applicable JAMS rules and law. The arbitration may be conducted in person, through documents, by telephone, or online; if in person, it will take place in San Francisco, California, unless applicable law requires another location. Judgment on the award may be entered in any court having jurisdiction. The parties may seek court orders to compel or stay arbitration or to confirm, modify, vacate, or enter judgment on an award. The parties will cooperate in a good-faith exchange of nonprivileged information relevant to the Dispute. Nothing in these Terms prevents us from seeking provisional, equitable, or injunctive relief under Section 14.
13. CLASS ACTION WAIVER
To the fullest extent permitted by law, any arbitration or proceeding between us and you will be limited to the Dispute between us and you individually. No arbitration or proceeding may be joined with another; there is no right or authority for a Dispute to be arbitrated or resolved on a class, collective, consolidated, or representative basis; and there is no right or authority for a Dispute to be brought in a purported representative capacity on behalf of the public or another person. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS, COLLECTIVE, OR REPRESENTATIVE MEMBER IN ANY PURPORTED PROCEEDING, EXCEPT TO THE EXTENT SUCH A WAIVER IS PROHIBITED BY LAW.
14. MISCELLANEOUS
You acknowledge that a breach or threatened violation of our intellectual-property rights, confidential information, or rights in the AI Tools, Platform, Designs, Design Output, Content, or Trademarks may cause irreparable harm for which monetary damages are inadequate. Without waiving other remedies or the arbitration requirement, we may seek interim, equitable, provisional, or injunctive relief from a court of competent jurisdiction to protect those interests or enforce the Agreement. The Agreement and any action related to it will be governed by the laws of the State of California, without regard to conflict-of-laws principles. Subject to the arbitration, small-claims, and equitable-relief provisions above, the parties consent to the exclusive jurisdiction of the state and federal courts located in San Francisco, CA for suits, actions, or proceedings arising out of or relating to the Agreement and waive objections based on venue or inconvenient forum. Upon termination or expiration of the Agreement, the following provisions will remain in effect to the extent applicable: Definitions, Section 1 (Privacy Policy), Section 2 (Intellectual Property), Section 4 (Feedback), Section 7 (No Warranties, Limitations of Liability), Section 8 (External Sites), Section 9 (Indemnification), Section 10 (Compliance with Applicable Law), Section 12 (Binding Arbitration), Section 13 (Class Action Waiver), and Section 14 (Miscellaneous) You may not assign or transfer any rights, duties, or obligations under the Agreement without our prior written consent. We may assign, transfer, or delegate the Agreement or any rights or obligations, in whole or in part, without notice. The Agreement benefits our successors, assigns, licensees, and sublicensees. Except as expressly stated, the Agreement creates no third-party beneficiary rights. Our failure to enforce a provision is not a waiver, and no waiver is effective unless in writing. The Agreement constitutes the entire agreement concerning its subject matter and supersedes prior or contemporaneous understandings. If any provision is held invalid or unenforceable, it will be modified to the minimum extent necessary and the remaining provisions will remain effective. We will not be liable for delay or failure caused by events beyond our reasonable control. Section headings are for convenience only.
Contact.
Questions, notices, and support requests should be sent to info@tinkertailor.com.
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