{"pageKey":"Terms_of_Use","slug":"terms-of-use","locale":"en-US","localeResolved":"en-US","fallbackApplied":false,"version":"terms-of-use@2026-09-17T00:00:00.000Z","lastModified":"2026-09-17T00:00:00.000Z","canonicalUrl":"https://www.merchandaise.com/en-us/terms-of-use","payload":{"slug":"terms-of-use","purpose":"llm-terms-of-use","title":"MerchandAise platform terms of use","description":"Read the terms for MerchandAise accounts, AI design, content rights, user responsibilities, privacy, and access to supported order services.","sections":[{"heading":"Overview","paragraphs":["The rules for using MerchandAise accounts, AI-assisted design, collaboration, and supported services operated by Hutter Products GmbH.","These Terms explain your responsibilities and ours when you use the platform. The separate Terms of Sale govern purchases from Hutter Products GmbH, including payment, proof and sample approvals, delivery, and buyer remedies.","Last updated: September 17, 2026"]},{"heading":"Quick answers","items":[{"title":"Who operates MerchandAise?","description":"Hutter Products GmbH operates MerchandAise and is the seller and Merchant of Record for accepted orders."},{"title":"Who do these Terms of Use apply to?","description":"They apply to buyers, suppliers, designers, team administrators, and other users who browse, create accounts, upload assets, request previews, collaborate on designs, or place orders through MerchandAise."},{"title":"How are AI-assisted design tools handled?","description":"Review AI output, artwork rights and intended use; an AI preview is not production approval. Hutter Products remains responsible for agreed specifications and applicable legal duties."},{"title":"How should disputes or legal notices start?","description":"Users should contact support or the legal address listed on the page first; specific order terms, mandatory consumer law, or required dispute channels may still control."}]},{"heading":"Key topics","list":["1. Operator, scope, and acceptance","2. Related agreements and important terms","3. Eligibility, organizational authority, and accounts","4. Seller responsibilities and available purchasing routes","5. Acceptable use and security","6. Accurate claims and confidential production information","7. AI assistance and human review","8. Your content, limited license, and platform rights","9. Versioned projects, orders, proofs, and samples","10. Public contributions and reviews","11. Privacy, cookies, and team data","12. Illegal-content reports and moderation review","13. APIs, assistants, and third-party services","14. Service availability and limits of information","15. Liability","16. Business responsibility for third-party claims","17. Suspension, closure, and continuing rights","18. Resolving concerns","19. Swiss law and competent courts","20. Changes to these Terms","21. General contract provisions","22. Language and regional presentation","23. Contact details"]},{"heading":"1. Operator, scope, and acceptance","paragraphs":["Hutter Products GmbH, Fortunastrasse 5, 9437 Marbach, Switzerland, UID CHE-284.907.929, operates MerchandAise (\"we\", \"us\"). These Terms govern our website, accounts, workspaces, design tools, previews, collaboration, and any supported assistant connection, embedded experience, API, or other service that incorporates them (the \"Platform\").","These Terms apply when they are properly brought to your attention and accepted in connection with the relevant service. We may require explicit acceptance when you register or activate a feature. Visiting a page does not itself authorize a payment, approve production, or provide consent to optional cookies or marketing.","The Platform serves discovery, design, existing-artwork intake, saved projects, quote requests, and supported order operations. A feature description or localized website address does not establish that a service, product, country, or consumer checkout is currently available."]},{"heading":"2. Related agreements and important terms","paragraphs":["Our Terms of Sale govern purchases accepted by Hutter Products GmbH, including quotes, payment, proofs, samples, production, delivery, cancellation, and buyer remedies. They take priority over these Terms for an order matter. A separately agreed contract takes priority for the specific subject it covers, subject always to mandatory law.","\"Buyer\" means the person or organization requesting or purchasing products. \"Supplier\" means a production or service partner working with us; an application or platform listing alone is not a statement that the partner is approved for every order. \"User Content\" means artwork, logos, prompts, files, text, and other material you submit or choose to share through the Platform.","An accepted quote and approved design each relate to an identified version. \"Digital proof\" means the particular artwork or configuration submitted for approval. A \"genuine production sample\" is a physical sample made through the intended, or expressly disclosed representative, production process; a stock image, blank reference product, or render is not such a sample.","The Privacy and Cookie Policy explains personal-data processing. It is a transparency notice, not a blanket consent request. Separate supplier, integration, or data-processing agreements apply only to the people and services they cover; private supplier terms do not replace our duties to buyers."]},{"heading":"3. Eligibility, organizational authority, and accounts","paragraphs":["You must be at least 18 and have legal capacity to create an account or enter a contract. The Platform is intended for adults acting for themselves, businesses, clubs, or other organizations and is not directed to children. Mandatory consumer rights apply whenever the actual transaction legally qualifies as a consumer transaction.","If you act for an organization, you must have authority for the instructions, purchases, data disclosures, and approvals you submit. Administrators must invite only authorized users, maintain appropriate roles, and remove access when authority ends. Membership in a workspace does not automatically confer purchasing or production-approval authority.","Keep registration and contact information accurate and safeguard passwords, recovery methods, session links, and access credentials. Do not share personal sign-in credentials, impersonate another person, or access another project without permission. Keep your own copies of important artwork, contracts, and approvals.","Notify security@merchandaise.com promptly of suspected compromise. You are responsible for your own authorized actions and for misuse caused by your breach of these Terms to the extent provided by law; you are not automatically liable for every unauthorized act merely because it used your account. We retain responsibility for our own security and legal obligations."]},{"heading":"4. Seller responsibilities and available purchasing routes","paragraphs":["Hutter Products GmbH is the buyer-facing seller and merchant of record for orders we accept through MerchandAise. The buyer contracts with us, and we handle invoicing, payment, refunds, complaints, and contractual buyer remedies.","Factories, decorators, fulfillment partners, and other suppliers perform work for us under separate agreements. Using one or several partners does not switch your seller, make you responsible for our supplier settlement, or require you to recover from a supplier before pursuing a remedy against us.","Individuals and organizations may request products and orders. Paid ordering is available only where the buyer type, product, quantity, production path, destination, tax, payment, logistics, and importer arrangements are supported and approved. We may request reasonably necessary evidence before enabling a feature or accepting an order. A quote request, product example, or supported language is not proof that a purchasing route is approved.","Supplier applications, design exploration, and manual quote requests may be available more broadly than checkout. Unsupported or incomplete requests require review. Nothing here creates an agency, employment relationship, partnership, or authority for a user to bind Hutter Products GmbH."]},{"heading":"5. Acceptable use and security","paragraphs":["Use the Platform lawfully and respect other people’s rights. Do not submit, request, publish, or distribute unlawful, infringing, deceptive, exploitative, threatening, or unsafe material or counterfeit or prohibited products. Do not evade applicable sanctions, export controls, or legally required verification.","Do not introduce malware; bypass account, permission, rate, payment, or approval controls; interfere with availability; manipulate reviews; impersonate another person; or harvest personal or confidential information. Automated access must use permitted public access or an authorized interface within its applicable limits.","Do not use unauthorized access to extract protected databases, source code, model assets, trade secrets, or private production information, including to train another system. These restrictions do not remove rights that mandatory law grants or prevent legitimate use of expressly authorized integrations.","Report suspected vulnerabilities to security@merchandaise.com. Do not access other people’s data, damage systems, or continue intrusive testing without authorization. A report does not itself grant permission to test."]},{"heading":"6. Accurate claims and confidential production information","paragraphs":["Product, origin, certification, safety, sustainability, price, and delivery claims must be accurate and supported. Do not portray an AI suggestion, example listing, supplier application, or unverified certificate as confirmed evidence. We may request supporting documents or restrict unsupported claims.","Non-public supplier identities, contacts, production capabilities, negotiated costs, technical files, and commercial records are confidential when identified as confidential or reasonably understood to be so. Use information you are permitted to access only for its authorized purpose, protect it appropriately, and do not disclose or exploit it without authorization.","This confidentiality duty does not cover information lawfully public, already lawfully known to you, independently developed, or lawfully obtained without a confidentiality duty. It does not prevent a legally required disclosure, protected report, independent lawful relationship, or exercise of mandatory rights.","Product-safety, customs, regulatory, and other legally required manufacturer or responsible-person disclosures take priority over supplier confidentiality. Suppliers must similarly protect buyer artwork, personal data, and order information and use them only for their authorized work."]},{"heading":"7. AI assistance and human review","paragraphs":["AI may help develop concepts, adapt artwork, compare supported options, and prepare previews. It can produce inaccurate, incomplete, similar, or infringing output. We do not promise that generated output is unique, copyright-protected, rights-cleared, certified, manufacturable, or an accurate physical representation.","Review text, names, artwork, rights, dimensions, and intended use before sharing or approving a design. We remain responsible for the specifications and services we actually agree to provide. A general AI disclaimer does not override an accepted quote or remove our product-safety or other legal duties.","AI suggestions about price, minimum quantity, materials, availability, or delivery require current production evidence and a confirmed quote before they can be relied on as contractual commitments. Changing a material input can require revalidation and a new quote.","Only submit confidential, personal, or third-party material you are authorized to use through the relevant service. Direct use of ChatGPT or another third-party assistant is also subject to that provider’s terms and privacy settings. These Terms do not guarantee access under a particular provider plan or public availability of any integration.","You may ask support@merchandaise.com for human review of a disputed automated outcome affecting your access or order. Mandatory rights concerning automated decisions remain available. Accepting these Terms is not consent to use personal data for unrelated AI training."]},{"heading":"8. Your content, limited license, and platform rights","paragraphs":["You retain the rights you already hold in your User Content. These Terms do not guarantee ownership or exclusivity of AI output or give you rights in someone else’s material. You must have the permissions, licenses, consents, and organizational authority needed for the use you request, including for logos, trademarks, names, images, and likenesses.","You grant us a worldwide, non-exclusive, royalty-free license to host, copy, format, adapt for the requested design or production process, render, transmit, and inspect User Content only as reasonably necessary to provide, secure, quote, fulfill, and support your requested service, handle a dispute, or comply with law. We may pass on only the necessary rights to authorized collaborators and contracted service or production partners performing those purposes.","This license does not permit public advertising of a private design, sale of your artwork, or unrelated model training. Public sharing requires your deliberate use of a sharing feature, and other marketing use requires separate permission. The license lasts only as long as the relevant purpose and lawful retention require; necessary legal records, dispute evidence, and backups remain subject to the Privacy and Cookie Policy.","Our software, interfaces, templates, documentation, trademarks, and other protected platform materials remain ours or our licensors’. We grant you permission to use them through the intended service, subject to these Terms. Do not sell, sublicense, reverse engineer, or reproduce protected platform elements beyond that permission, except where applicable law permits.","If you voluntarily give product feedback, you permit us to use the suggestions to improve our services without payment. This does not transfer rights in unrelated artwork or authorize publication of your identity or confidential information."]},{"heading":"9. Versioned projects, orders, proofs, and samples","paragraphs":["Where supported, website, workspace, embed, and assistant connections refer to the same versioned project. Design changes, quantity, material, decoration, destination, or production assumptions can invalidate an earlier quote or approval. Check the current version when resuming a project, and protect resume links and identifiers against unauthorized access.","Production requires explicit approval of the exact digital proof, supplier-confirmed producibility, and the sample approvals and technical prerequisites identified for the supported order path. Where a sample is required or selected, it must be approved before mass production. Any proceed-without-customer-sample option must be expressly offered and enabled for that order and cannot waive a required prototype, safety check, technical prerequisite, or existing approval requirement. Silence, inactivity, payment, an expired review period, or approval of another version is not approval or a sample waiver. Changes affecting the result require the revised approvals described in the Terms of Sale.","Only an authorized person may approve a proof or sample or submit an order. Approval confirms the visible agreed choices; it does not waive hidden defects, departures from specification, product-safety duties, or mandatory rights.","Order formation, agreed charges, payment milestones, cancellation, delivery, DAP importer arrangements, and remedies are governed by the Terms of Sale and accepted order documents. An AI message or an integration action cannot silently amend those commitments or authorize an additional payment."]},{"heading":"10. Public contributions and reviews","paragraphs":["Public profiles, galleries, comments, reviews, or creator features apply only where available and enabled. Think carefully before publishing: other people may view, copy, or share public content. Do not publish someone else’s personal or confidential information without authority.","Reviews must reflect genuine experience and must not contain fake engagement, undisclosed incentives, or misleading endorsements. Disclose a material commercial connection where required. Honest criticism is not a breach merely because it is unfavorable.","When you deliberately publish content, you authorize the display, formatting, and distribution needed for that public feature and to the audience you select. This does not grant an unrestricted advertising license. Removing a contribution ends its ongoing public use through that feature, subject to technical processing and legally justified retention; we cannot guarantee removal of copies already lawfully shared by others."]},{"heading":"11. Privacy, cookies, and team data","paragraphs":["The Privacy and Cookie Policy explains what personal data we process, for what purposes, with whom it is shared, international transfers, retention, and available rights. Manage cookies provides the applicable browser preference controls. Optional consent must be obtained separately where required and can be withdrawn through the stated controls.","If you provide information about another person, you must have the authority and legal basis to do so and provide notices required for your role. Avoid sensitive personal information or regulated records unless the relevant service is expressly agreed to handle them.","Organizations must manage workspace access, member permissions, and their own data-handling responsibilities lawfully. If we process data solely on an organization’s instructions, an applicable data-processing agreement governs that processing. Our own account, security, sales, and legal-compliance processing remains described in the Privacy and Cookie Policy.","Account closure or content deletion may leave records needed for outstanding orders, disputes, legal duties, security, or backups for the periods explained in that policy. Privacy rights requests can be sent to privacy@merchandaise.com; these Terms do not restrict complaints to a competent supervisory authority."]},{"heading":"12. Illegal-content reports and moderation review","paragraphs":["Report suspected illegal or infringing content to legal@merchandaise.com with its exact location, a description of the concern, relevant rights or facts, and contact details where appropriate. For a rights complaint, explain your authority to act and provide an accurate good-faith statement. Do not include unnecessary sensitive information.","We may use automated checks and human review and may seek clarification, restrict content, preserve necessary evidence, or take other proportionate action. A flag or complaint is not by itself proof of wrongdoing. We consider the nature of the issue and legitimate rights of affected people.","Where applicable law requires confirmation, reasons for a decision, an internal complaint process, or other redress information, we provide it. You may ask support@merchandaise.com to review a moderation decision. This does not prevent court action, a regulator complaint, or another lawful remedy.","We may report or disclose information to authorities when legally required or otherwise lawfully justified. Any restriction on notice or disclosure must itself have a lawful basis."]},{"heading":"13. APIs, assistants, and third-party services","paragraphs":["An API, SDK, assistant connection, webhook, or embedded service may require separate access approval, credentials, documented scopes, rate limits, or commercial terms. Use only the permissions needed, protect secrets and access links, and do not bypass approval, checkout, safety, or availability controls.","An organization or developer operating an integration is responsible for its own implementation, instructions, access controls, and required notices. Obtain the relevant user’s authorization before consequential actions. A tool response, generated link, or assistant instruction alone does not establish authority to spend money or approve production.","Independent services you choose to use directly, including AI assistants or linked sites, may have their own terms and privacy policies. Availability and plan entitlements can change. We do not control their independent websites or accounts, but remain responsible for our own obligations and for service partners to the extent required by contract or law.","We may modify or retire an integration for legitimate legal, security, technical, or product reasons. Where reasonably practicable we will give advance notice of a material change to a supported paid integration, and honor contractual notice and remedy obligations."]},{"heading":"14. Service availability and limits of information","paragraphs":["We exercise reasonable care in providing the Platform. Maintenance, incidents, and dependencies can affect access; we do not promise uninterrupted or error-free operation unless a separate service commitment says otherwise. Notify us of material errors so we can investigate.","Preview, pilot, or beta features may change and have limitations explained when offered. Do not rely on an experimental result as a confirmed manufacturing, legal, tax, customs, certification, or safety assessment. Obtain appropriate advice for your circumstances where needed.","We may improve or change the service, but a website update does not remove an accepted order, accrued claim, paid-service commitment, or statutory remedy. Express warranties and mandatory rights take priority over these general service limitations."]},{"heading":"15. Liability","paragraphs":["Nothing in these Terms excludes or limits liability for intentional misconduct, gross negligence, fraud, fraudulent concealment, death or personal injury, mandatory product liability, an expressly assumed guarantee, or another responsibility that cannot lawfully be limited. Mandatory consumer rights remain fully applicable.","For business use and ordinary negligence only, our damages liability for platform services is limited to the foreseeable loss typical of the relevant service. Subject to the preceding paragraph and mandatory law, we exclude indirect or consequential business loss, lost profits, and lost opportunity. An exclusion does not apply where it would unlawfully defeat an essential contractual obligation.","Order-related liability is governed by the Terms of Sale or the individually agreed contract, rather than an additional platform cap. These provisions do not reduce a refund, repair, replacement, or other buyer remedy owed under the order or applicable law.","Each party must take reasonable steps to mitigate loss. We do not exclude our own liability merely because a production partner, software provider, or other contractor was involved. Responsibility for a loss caused by more than one party is determined under applicable law."]},{"heading":"16. Business responsibility for third-party claims","paragraphs":["This clause applies only to business users. To the extent permitted by law, you must reimburse us for substantiated third-party claims and reasonable, documented defense costs to the extent caused by your culpable breach of these Terms, unlawful instructions, or use of content without the required rights. It does not apply to the extent we or a person for whom we are responsible caused or increased the claim.","We must notify you promptly, provide reasonably available information, allow reasonable participation in the defense, and take reasonable steps to reduce loss. A delay in notification reduces your responsibility to the extent it materially prejudices the defense. Neither party may admit liability or agree to a settlement imposing duties on the other without that party’s consent, not to be unreasonably withheld.","The applicable liability rules and mandatory law continue to govern. This is not a general indemnity from consumers and does not shift our seller, product-safety, privacy, or other non-transferable obligations to you."]},{"heading":"17. Suspension, closure, and continuing rights","paragraphs":["We may restrict an action or access when reasonably necessary to address credible fraud, security, illegal-content, non-payment, or material-breach concerns. We will use a proportionate response and, where reasonably possible and lawful, explain it and allow a reasonable opportunity to remedy the issue. Urgent protective action may be taken without advance notice.","We may terminate an account for a material or repeated breach, subject to applicable law and any agreed notice process. You may ask for review through support@merchandaise.com. Restrictions are not a reason to confiscate funds, remove statutory remedies, or withhold legally required order records.","You may stop using the service and request account closure. Closure or suspension does not itself cancel an accepted order, forfeit a refund, or extinguish accrued rights and obligations. We will provide a practical contact route for outstanding order matters and apply lawful retention and deletion rules.","Provisions continue only for as long as their nature and purpose require, including outstanding payment duties, lawful confidentiality, retained content licenses, liability, and dispute provisions. Mandatory data-access or portability rights are unaffected."]},{"heading":"18. Resolving concerns","paragraphs":["Contact support@merchandaise.com about platform issues, sales@merchandaise.com about orders, or legal@merchandaise.com about legal matters. Include enough information to identify the issue without sending unnecessary confidential data.","We encourage good-faith efforts to find a practical resolution. Contacting us is not a compulsory step before a court claim, payment dispute, regulator complaint, or urgent relief. It does not suspend a legal limitation period.","Any separately agreed dispute-resolution procedure applies only to its stated subject and to the extent lawful. These Terms do not impose mandatory arbitration or prevent a consumer from using a forum or complaint process available under mandatory law."]},{"heading":"19. Swiss law and competent courts","paragraphs":["These Terms are governed by Swiss substantive law. The United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded. Mandatory conflict-of-law rules, overriding mandatory law, and any non-waivable protection applicable to a consumer remain unaffected.","For business users, the competent courts at the registered seat of Hutter Products GmbH in Marbach, Canton of St. Gallen, Switzerland, have exclusive jurisdiction to the extent a valid choice of court is legally permitted. Mandatory domestic and treaty jurisdiction rules take priority.","Consumers retain any right to bring proceedings in the courts available under mandatory law, including their home courts where applicable. A localized URL does not determine applicable law or jurisdiction."]},{"heading":"20. Changes to these Terms","paragraphs":["We may propose updates for changes in law, security, services, or operations, and will publish the revised date. For a material change affecting an existing account or paid service, we will provide appropriate advance notice and obtain agreement where required.","A material amendment is not automatically accepted simply because you remain silent. The notice will explain when a new version applies and any available choice to stop using the affected service. An urgent legal or security change takes effect only as permitted by law.","Updates do not retrospectively change an accepted order, accrued right, or claim. The agreed order version and Terms of Sale continue to apply. Save the version supplied with your relevant agreement."]},{"heading":"21. General contract provisions","paragraphs":["If a provision is unenforceable, the remaining provisions continue to the extent legally possible and applicable law determines the consequence. No automatic rewriting may deprive a consumer of a protection attached to an unfair term.","A delay in exercising a right is not a waiver. Any assignment or transfer of contractual obligations must comply with law and obtain consent where required; using contractors does not release us from our own obligations.","These Terms and the expressly agreed documents for the relevant service record that agreement. Nothing excludes liability for fraud or defeats a mandatory right. Electronic acceptance and notices are effective only to the extent permitted by law."]},{"heading":"22. Language and regional presentation","paragraphs":["English is the reference language of this version. A translation is informational unless it is expressly incorporated in the applicable agreement. The language and version agreed for a particular contract govern to the extent lawful.","No language-priority statement overrides mandatory transparency, local-language, or consumer-protection requirements. A route such as en-us selects a language presentation; it is not a promise of US delivery, consumer availability, or any particular legal treatment."]},{"heading":"23. Contact details","paragraphs":["Operator: Hutter Products GmbH, Fortunastrasse 5, 9437 Marbach, Switzerland, UID CHE-284.907.929. Telephone: +41 71 723 12 18. The Legal Notice provides our company identification details.","Platform support: support@merchandaise.com. Orders and delivery: sales@merchandaise.com. Legal notices and content-rights reports: legal@merchandaise.com.","Privacy requests: privacy@merchandaise.com. Suspected security incidents: security@merchandaise.com. Send formal postal notices to the company address above."]},{"heading":"Contact","paragraphs":["Questions about these Terms? Contact legal@merchandaise.com or write to Hutter Products GmbH, Fortunastrasse 5, 9437 Marbach, Switzerland."]}],"source":{"type":"page-copy","id":"Terms_of_Use"}},"metadata":{"source":"page-content","schema":"2025-11-05"}}