Terms of Service
Yes We Fulfill Inc 385 ch des Momes Saint-Sauveur, QC J0R 1R1 Canada
Thank you for choosing the Yes We Fulfill App for Shopify. Yes We Fulfill provides a Service, called the Yes We Fulfill App that allows users to design and sell custom apparel, footwear, home decor, and accessories via their own online stores.
Before using or accessing Our platform, please read these Terms of Service (“Terms” or “Agreement”) very carefully as they form a legal binding agreement between Yes We Fulfill Inc., a Canadian based corporation, and You, the User (as defined below), for the use of the application, software, Products and Service provided by Yes We Fulfill (“Service” or “App”) In addition to the full legal terms and text, We have provided short non-binding summaries with each clause. These summaries do not aim to replace or misrepresent the full text.
BY ACCEPTING THESE TERMS OF SERVICE, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THIS AGREEMENT, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS, YOU MAY NOT USE THE APPS OR RECEIVE SUCH SERVICES.
These Terms of Service, along with Our Privacy Policy, any mobile license agreement, and other posted guidelines within Our Website or App constitute the entire and only agreement between You and Yes We Fulfill Inc., and supersede all other agreements, representations, warranties and understandings with respect to the Service and the subject matter contained herein. We may amend Our Terms of Services at any time without specific notice to You.
1. Definitions
Summary: These terms are used throughout this Terms of Service and it’s important that You understand what We are referring to when We use them.
A. “Us”, “We”, “Our”, “Yes We Fulfill” refers to Yes We Fulfill inc, as well as Our affiliates, directors, subsidiaries, contractors, licensors, officers, agents, and employees.
B. “You”, “Your”, “User” refers to the owner of the Store using the Service.
C. “Service”, “App” means the Yes We Fulfill application.
D. “User Data” means data transferred to the Service through your Store, including Orders, shipping information and personal data about Customers.
E. “Customers” refers to individuals or entities that purchase Your Products through your Store.
F. “Orders” refer to orders placed by Customers for Products though your Store.
G. “Products,” refers to all products offered on your Store that are customized through the Service.
H. “Website” refers to Yes We Fulfill Website located at doc.yeswefulfil.com, and all Content, Services and Products provided by Yes We Fulfill through the Website. It also includes Yes We Fulfill-owned subdomains of yeswefulfill.com, such as app.yeswefulfill.com.
I. “Your Store” refers to your Shopify Store
2. Access and Use of Service
Summary: You have to be at least 18 years old to use Our Service and by using Our App, You agree to use Our Service according to Our terms
By installing the Yes We Fulfill App in Your store:
A. You agree to accept and abide by these Terms of Service and Privacy Policy in their entirety.
B. You represent and warrant that You are 18 years of age or older and have the legal capacity and authority to enter into a contract. You understand and agree that You are responsible for paying any fees and all applicable taxes that may be due as a result of Your use of the Service.
C. You agree that You are accountable for maintaining the confidentiality of Your account and password and You accept responsibility for all activities that happen under Your account and password.
D. You agree that You are the owner, or licensee, of all rights associated with any created or uploaded artwork or text, including but not limited to, any trademarks, Service marks and copyrights that may be associated with said material. If You are not the owner, You agree to provide Yes We Fulfill with evidence of the permission given to You by the owner, and to comply with any restrictions or conditions imposed by the owner.
E. You warrant that the Artwork sold on Your Store, and the description and title thereof do not, either in and of themselves or in combination, infringe upon the rights of any third party.
F. You understand and agree that We may, in our sole discretion, release Your contact information to a third party that satisfactorily alleges, in Our sole discretion, unauthorized use of its intellectual property.
G. Upon receipt by Us of any complaint or allegation of infringement, in Our sole discretion, Our App may be subject to removal from Your Store, and suspension or termination of Your account with Us.
H. You agree not to provide any inaccurate, misleading, or untrue information on Your store including, but not limited to: the amount of product for sale, the origin of production of the product, or the intended recipient of profits.
I. You agree to defend, indemnify and hold Yes We Fulfill and its affiliates harmless from and against any and all claims, damages, costs and expenses, including reasonable attorneys’ fees, arising from or relating to Your use of the App or Website and Services, Your violation of this agreement, or Your violation of any rights of another.
J. You agree that We are not responsible for any consequential, indirect or any special damages, including, but not limited to, lost profits, associated with any action taken by Yes We Fulfill pursuant to this Agreement or Your use of Our Service.
K. You agree to allow Yes We Fulfill, at its sole discretion, to continue with fulfillment and distribution of Orders from Your store, even if Your Yes We Fulfill account is canceled or suspended.
L. You agree to allow Yes We Fulfill, at its sole discretion, to discontinue access to the App Service for any reason We deem necessary.
By violating these Terms of Service in any way, You may be subject to the immediate removal of the Yes We Fulfill App from Your Store, cancellation of any pending Orders, and/or suspension or termination of Your account, at the sole discretion of Yes We Fulfill.
Yes We Fulfill App is provided “as is”, with no warranty of any kind. We have made every effort to provide a service that functions as expected; however, from time to time errors or internet connections may limit the performance of this Service. In no way shall Yes We Fulfill be responsible for any loss of profits due to or arising from the use of the Yes We Fulfill App or from your inability to use the Service or any malfunction in the Service.
3. Shopify
A. Shopify is not responsible for the Service. We are solely responsible for providing the Service.
B. Shopify is not liable for any fault in the Service or any harm that may result from its installation or use;
C. Shopify has no obligation to provide assistance with the installation or use of the Service;
D. Shopify shall have no liability from Your access or use of the Service, including: (i) the development, use, marketing or distribution of or access to the Service, including support of the Service; or (ii) Our access, use, distribution or storage of User Data.
4. Intellectual Property
Summary: Yes We Fulfill respects for the intellectual property rights of others and We expect people using Our Service to do the same. It is Our practice—in appropriate circumstances and at Our discretion—to either disable or terminate the accounts of Users who infringe or are repeatedly charged with infringing copyrights, trademarks, Service marks or other intellectual property rights of others. This is very simple – in general, if You didn’t create the design or even part of the design, and it might be owned by someone else, You can’t sell it or have Us print it.
A. You have the responsibility to make sure that the Artwork You send Us to print is Your own and created by You, or that You have expressed written permission of the owner to use it as contemplated herein.
B. Yes We Fulfill prohibits Users from using the App and Website to display or sell items that infringe on the intellectual property, including, without limitation, copyrights, trademarks, or service marks of a third party.
C. We abide by the federal Digital Millennium Copyright Act (DMCA) by responding to notices of alleged infringement that comply with the DMCA and other applicable laws. As part of Our response, We may remove or disable access to material residing on the App that is controlled or operated by Yes We Fulfill (such as yeswefuflill.com) that is claimed to be infringing, in which case We will make a good-faith attempt to contact the person who submitted the affected material so that they may make a counter-notification, also in accordance with the DMCA.
D. Before serving either a Notice of Infringing Material or Counter-Notification, You may wish to contact a lawyer to better understand Your rights and obligations under the DMCA and other applicable laws. The following notice requirements are intended to comply with Yes We Fulfill rights and obligations under the DMCA and, in particular, section 512(c), and do not constitute legal advice.
E. Our Website and the Service may contain Our Service marks or trademarks as well as those of Our affiliates or other companies, in the form of words, graphics, and logos. Your use of Our Website does not constitute any right or license for You to use such Service marks/trademarks, without the prior written permission of the corresponding Servicemark/trademark owner. Our Website is also protected under international copyright laws. The copying, redistribution, use or publication by You of any portion of Our Website is strictly prohibited. Your use of the Service does not grant You ownership rights of any kind on Our Website.
F. All mockups and files provided by the Yes We Fulfill Website or App are the intellectual property of Yes We Fulfill and are provided solely for the promotion of Yes We Fulfill Products. Using Our mockups and other downloadable materials for any other purpose is prohibited.
G. Monetary Losses arising from Orders seized by customs due to copyright and trademark claims are the responsibility of the User. Yes We Fulfill is not liable for losses related to the seizure of goods by international customs regulations.
By uploading or saving a design in the Yes We Fulfill App You represent and warrant that:
By uploading or saving a design in the Yes We Fulfill App You agree that:
A. You hold the rights to commercially reproduce this design.
B. You also release Yes We Fulfill from any claims made as a result of any property right infringement.
C. You understand that infringement of property rights is illegal. If You have any doubt as to the legal ownership of a design, You should check with the rightful owner that You are able to use the design before uploading it.
D. You understand that Yes We Fulfill acts under Your instructions and are not obligated in any way to check or confirm the legal use of reproducing any designs.
E. You agree to indemnify and defend Yes We Fulfill for any claims made as a result of alleged infringements including copyrights, trademarks, rights of publicity, or other intellectual property claims, including any payments for damages sustained by a claimant and attorneys’ fees incurred by You to defend against any claims made.
5. User Data
A. We do not claim any ownership rights to the User Data and acknowledge that no assignment of any rights in and to the User Data in favor of Us is made under this agreement. We undertake not to use the User Data other than to the extent necessary to provide the Service or after having been duly authorized to do so by You.
B. You grant us a non-exclusive, universal and royalty-free license to reproduce, use and modify the User Data only to the extent necessary to provide the Service.
C. We will process any personal data included in User Data in accordance with our Data Processing Agreement (“DPA”) which is incorporated herein by reference.
D. You represent and warrant that you are authorized to transfer User Data to us for the purpose established in the DPA and in our privacy policy.
E. We will use reasonable industry-standard security measures to protect User Data from unauthorized disclosure, modification, or use.
6. Product Description
Summary: We strive toward making Our product development process the best We can, yet We can’t guarantee that the product representations on Our Website will be 100% accurate or that the manufacturing stage won’t result in damages.
A. We have a policy of continuous Product development so We can provide You with what We consider the best design combined with the best performance, and thus reserve the right to amend the specifications of Products, their price, packaging, and any Service associated at any time, without prior notice. Before offering the Products on Your Store, We invite You to have a close look at the Product Details page.
B. We use Our best efforts to provide You with the best images and descriptions, but unfortunately cannot guarantee that colors and details in Website images are 100% accurate representations of the product, and sizes might in some cases be approximate.
C. Sometimes during the manufacturing process Products can be damaged. Obviously, We won’t knowingly ship damaged items to Your Customers, but these damaged items can still be used for charitable purposes. Yes We Fulfill reserves the right to donate all damaged items with full or partial designs to charity and You hereby waive Your right to collect royalties or other fees regarding damaged products that are donated.
7. Prices
Summary: We reserve the right to advise You of any price change at any time.
We reserve the right to adjust pricing for Our Service and/or Products thereof in any manner and at any time as We may determine in sole and absolute discretion. Any price changes will take effect at least 15 days following notice by email to You and will affect new Orders after the coming into force of the change.
8. Printing Variations
Summary: Print variations can and will occur when printing Artwork onto various fabrics and surfaces like We do.
Variations that may occur within an Order or from one Order to another include but are not limited to:
A. Image placement on the product. The placement of Your image on the Product may vary from piece to piece. Some variations may be small, and others may be noticeable.
B. Discrepancies between the design uploaded in the App and the final product can occur. Our App provides an approximation of the final product. Refer to the Design templates available on Our Product Details pages. For all concerns relating to image placement, please Contact Us.
C. The color outcome of Your printed Product will differ from Your original art for many reasons including the following:
- Monitor differences. All monitors vary in color representation. It is beyond Our control to match Your monitor settings.
- Colour gamut limitations of Our printers. Our print processes have different ranges of colors they can reproduce. We need to translate Your Artwork using Our software into the color range of Our printers. Colors in Your Artwork that are outside of Our achievable gamut will be replaced with the closest color We can print.
- We offer a very large range of fabrics to print on. Each fabric has different print results even when subject to the same print process. Some fabrics absorb ink quickly while others are denser. The base fabrics are all different in their degree of white. Characteristics like these can cause variations in the final product colors.
- Quality of the submitted Artwork. Low-quality Artwork files will not print as accurately as high-resolution images. Please follow Our design guidelines when creating Your Artwork print files.
D. Yes We Fulfill has a hands-off printing system. This means that all incoming Artwork files are sent directly to Our printing equipment. We do not check for print quality including pixelation before printing. Please refer to Our design guidelines under the Product Details section in our YWF app when creating Your Artwork and make sure it is in the correct color space and file format. We are not responsible for reprinting items due to poor quality Artwork or incorrectly made files.
E. Small shadowing or ghosting can occur when areas of light color are right beside areas of dark color. Shadowing is when the dark color overhangs or smudges slightly onto the lighter color. Some shadowing is expected during printing in some situations.
9. Customer Issues
Summary: If Your Customer has an issue with his Order, contact Us within 30 days of product delivery. We will determine if You are eligible to receive a replacement or credit.
A. We have no contractual relationship with your Customers. You are solely responsible for dealing with your Customers.
B. Products are unique and manufactured to Order, therefore, they are non-refundable. Once an Order has been sent to production, We have already started to manufacture the Product and You can no longer edit the details of the Order or cancel it. If the shipment details are incorrect, or the Customer ordered the wrong design, Yes We Fulfill is not responsible and will not offer refunds or credits. The User is responsible for relaying the correct information from his Customers.
C. Free size replacements will only be allowed once per ordered Product. Any costs related to replacement past the first free replacement must be covered by You. Size replacement requests that differ by more or less than 2 sizes from the original size ordered will be considered a Customer-input error and will not be eligible for replacement by Yes We Fulfill. Your Customer will not be required to return their original product to receive a free replacement. In Order for a free replacement to be processed, You must provide the following information: the reason the product didn’t fit (i.e. too small, too big, too narrow), the new size requested by the Customer, new SKU, and Order number. At its sole discretion and at any time, Yes We Fulfill can stop offering free size replacements.
D. The production times listed on the Product Details pages are estimated average times and are in no way guaranteed. If Your Order seems to be taking an unusually long time to be produced or delivered, please contact Our support team.
E. In the unlikely event that Your Customer received a damaged, poor quality, or the wrong product, contact Our support team within 30 days of product delivery. In Order to best resolve the matter, the User should provide all relevant materials for Yes We Fulfill to investigate the issue, including the produced Order, the issue, quantity, and photo of the Products affected. Upon investigation, We will determine if You are eligible to receive a free replacement or credit. Yes We Fulfill will not be responsible for damages that occurred during the shipment of Your Orders.
F. In the case We cannot produce Your Order for any reason, Yes We Fulfill shall not be responsible for any loss of profits. We will credit any Order that You have paid and that could not be produced.
10. Shipping & Delivery
Summary: Once you’ve placed an order, You will no longer be able to edit the Order details or cancel it. If You have an issue with the shipment of Your Order, please Contact Us. In some cases, You may need to reach out to the shipping carrier directly.
A. If You wish to change some details such as the shipping address, Our App allows Users to update the shipping address until an Order is in Production status. Otherwise, the user needs to contact the Yes We Fulfill support team. We will do what We can to make the change, but We cannot guarantee it is possible and delays may occur.
B. Some Products are packaged and shipped separately. We cannot guarantee delivery dates and to the extent permitted by law accept no responsibility, apart from advising You of any known delay, for Products that are delivered after the estimated delivery date. All delivery times shown on the App or on our website are estimates. All delivery estimates given at the time of placing and confirming the Order can be subject to change. In any case, We will do Our best to contact You and advise You of all changes.
C. Title to the Products pass onto You or your Customer once the Product is given to the carrier.
D. We deliver to most places in the world. Standard Shipping costs are included in the Product cost while Express Shipping costs are additional to the Product’s cost and may vary depending on delivery location and/or kind of Product. All Costs are available on the Product Details page. We reserve the right to advise You of any changes at any time.
E. If an Order has not been delivered in 30 days (for domestic US Orders) or in 60 days (for international orders) after being shipped, You should contact Our support team for a credit or replacement. Requests are subject to investigation and sole discretion by Yes We Fulfill. In no way shall We be responsible for any loss of profits if an Order cannot be delivered for any reason.
F. If a carrier indicates that Your product was lost in transit, You may request a replacement or credit for the lost Product. Replacement or Credit requests for Products lost in transit must be submitted not later than 30 days after the Product has been indicated as lost. Requests are subject to investigation by Yes We Fulfill.
G. If Your Order is returned to Us We will communicate with You and upon Your confirmation, We can reship the package with an additional fee.
11. Payments
Summary: You agree to pay, the fees and taxes in effect at the time the order is placed.
A. You agree to pay all fees or charges to Your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Your obligation to pay the applicable charge is not dependent on your receipt of a payment from your Customer.
B. Yes We Fulfill App provides features through the “Yes We Fulfill App Seller settings” page where You can set the Billing Cycle Frequency into Daily, Weekly or by Monthly. and also select the accepted payment methods of PayPal and Wire Transfer.
C. You agree to immediately notify Us of any change in Your billing address, PayPal or Bank account used for payment hereunder. We reserve the right at any time to change the costs and billing methods, either immediately upon posting on the Website, or by email delivery to you.
D. If You are a User residing in Canada, We will collect applicable sales tax.
12. Risky Orders
Summary: To make sure Your or your Customer’s Orders arrive as quickly as possible, please make sure to review any Risky Orders or Address the Issue status.
Orders found in the Risky Orders status are Orders that reach below the set risk score in the “Yes We Fulfill App Seller settings” page.
Order in Risky Orders Status will not be moved into production status until the details are confirmed by the User.
Once Your Order is moved to the In Production status, We reserve the right to place Your Order on hold due to print file issues, security concerns if We need to confirm the recipient address, or in case of other issues. When Your Order is placed on hold, We will give You 30 days to resolve the issue. If the issue is not resolved or canceled by then, We will cancel the Order. In case Your Order is canceled, We will only make a credit if the work on Your Order has not started yet.
13. Governing Laws
Summary: If any dispute arises between Us we’ll apply the laws of the Province of Quebec to resolve it and the issue will be settle before the courts of the Province of Quebec.
This Agreement, and all disputes and claims arising out of or in connection with this Agreement or its subject matter or formation including non-contractual disputes and claims, are governed by the laws of the Province of Quebec, Canada without regard to its conflict of laws rules. These laws will apply no matter where in the world You live or are located.
You agree that any dispute regarding this Agreement or your use of the Service will be brought exclusively before the competent courts of the Province of Quebec, sitting in the judicial district of Montreal.
14. Indemnity
Summary: Yes We Fulfill is not responsible for any damages and liabilities You incur if You break the law, violate these terms or any rights of third parties and it results in legal action (this also includes misrepresentations made by You and any product liability claims).
To the fullest extent permitted by law You will defend, indemnify, and hold Yes We Fulfill and the other Yes We Fulfill Parties harmless from any claim or demand made by any third party (including, but not limited to, Your Customer), as well as any and all damages, losses, liabilities, judgments, costs, reasonable attorneys’ fees, and other expenses of every kind and nature, known and unknown, incurred or suffered by the Yes We Fulfill Parties, relating to or arising out of (a) Your breach of this Agreement, (b) Your use (or misuse) of Our Services, (c) Your Artwork, (d) the infringement by Your Artwork or Your account of someone else’s intellectual property or other rights, (d) Your violation of any law or the rights of a third party, or (e) if You are a User, any claims related to Products or items sold by You through Our Services, including claims for misrepresentations by You to Your Customers and claims for physical injury or property damage by any of Your Products or items that are printed by Yes We Fulfill. We reserve the right to handle Our legal defense however We see fit, even if You are indemnifying Us, in which case You agree to cooperate with Us so We can execute Our strategy.
15. Limitation of Liability
Summary: Yes We Fulfill is not responsible for any losses You incur as a result of using Our Service. We are not responsible if You break the law or breach this agreement and are sued as a result. Please read this section carefully; it limits Our obligation and responsibilities to you.
In no event shall Yes We Fulfill, its officers, directors, agents, affiliates, employees, advertisers, or providers be liable for any indirect, incidental, consequential or punitive damages including, but not limited to, loss of use, loss of profits, or loss of data, whether in an action in contract, tort, negligence, equity or otherwise or for damages in the aggregate exceeding the amount of the fees paid and payable You Yes We Fulfill or $100.00 (whichever is more), arising out or in any way connected with the use of this Service. Some jurisdictions do not allow the exclusion or limitation of liability, so the above limitation may not apply to you.
You agree to indemnify and hold Yes We Fulfill and, its parent, subsidiaries, affiliates, partners, and providers, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Your breach of these Terms of Service, or Your violation of any law or the rights of a third party.
Warranty Disclaimer. Yes We Fulfill controls and operates the Service from various locations and makes no representation that the Service is appropriate or available for use in all locations. Services may not be available in Your location or may vary across locations. The Service and Content are provided “As Is”, “As Available” and is provided without any representations or warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed, save to the extent required by law. Yes We Fulfill, and its Directors, Employees, Agents, Representatives, Suppliers Partners, and Providers do not warrant that: (a) the Service will be secure or available at any particular time or location; (b) any Defects or errors will be corrected; (c) Any Content or software available at or through the Service is free of viruses or other harmful components, or (d) the results of using the Service will meet Your requirements. Your use of the Service is solely at Your own risk. Some states/countries do not allow limitations on implied warranties, so the above limitations may not apply to you.
16. General Terms
Should any part of Our Terms of Service be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content on Our Website conflicts or is inconsistent with Our Terms of Service, Our Terms of Service shall take precedence. Our failure to enforce any provision of Our Terms of Service shall not be deemed a waiver of such provision nor of the right to enforce such provision. The rights of Yes We Fulfill under Our Terms of Service shall survive the termination of Our Terms of Service.