Terms of Use

Hutter Products GmbH, Fortunastrasse 5, 9437 Marbach, Switzerland, Swiss enterprise identification number (UID) CHE-284.907.929 ("Hutter Products", "MerchandAise", "we", "us") operates MerchandAise.

These Terms govern access to websites, localized routes, accounts, workspaces, design and artwork tools, previews, collaboration features, application programming interfaces, software development kits, assistant connections, embeds, support channels, and other services that link to these Terms (together, the "Platform").

Product availability, access methods, and commercial workflows may differ by country, customer type, product, production method, and delivery lane. A translated or localized route does not by itself mean that every feature or automated purchase flow is available in that location.

By accessing or using the Platform, creating an account, joining a workspace, uploading content, or using an integration, you agree to these Terms. If you act for an organization, you confirm that you have authority to bind it.

Our Privacy and Cookie Policy explains how we handle personal data. Our Terms of Sale govern quotes and orders accepted by Hutter Products, including pricing, payment, proofs, samples, production, shipping, cancellations, defects, and remedies.

If these Terms conflict with the Terms of Sale on an order matter, the Terms of Sale control. A signed agreement or accepted quote may add or replace terms for the services or order it covers.

You must have legal capacity to use the Platform. The Platform is designed primarily for businesses, clubs, events, organizations, and the people authorized to act for them; it is not directed to children.

Organization administrators control membership and permissions in their workspaces. They are responsible for inviting only authorized people, keeping roles current, and ensuring that instructions and approvals submitted through their workspace are valid.

If you lose authority to act for an organization, you must stop using its workspace and tell the relevant administrator or MerchandAise without delay.

Provide accurate, current information and keep your sign-in credentials, session links, access tokens, and recovery methods confidential. You are responsible for activity performed through your account unless applicable law provides otherwise.

Do not share personal credentials, impersonate another person, or use an account you are not authorized to access. Notify security@merchandaise.com promptly if you suspect unauthorized access, credential disclosure, or misuse.

We may require identity, organization, tax, sanctions, fraud, or authority checks before enabling features, issuing a quote, accepting an order, or restoring access.

For purchases accepted under our Terms of Sale, Hutter Products is the buyer-facing seller and merchant of record. The buyer contracts with Hutter Products, not with an underlying factory or production partner, unless a signed document expressly says otherwise.

Manufacturers, decorators, logistics providers, and other suppliers support Hutter Products as private production or service partners. They may have Platform accounts and separate obligations to Hutter Products, but they are not presented as sellers to buyers merely because they help fulfill an order.

Nothing in these Terms creates an agency, partnership, employment, franchise, or joint venture between users, buyers, suppliers, and Hutter Products.

Use the Platform only for lawful purposes and in accordance with these Terms. Do not upload, generate, request, sell, or distribute content or products that are illegal, infringing, deceptive, hateful, exploitative, unsafe, or intended to facilitate wrongdoing.

Do not disrupt the Platform; bypass access, rate, geographic, account, or safety controls; introduce malware; scrape or harvest data without permission; probe systems without written authorization; manipulate metrics or reviews; or interfere with another user.

Do not use Platform outputs to misrepresent product certification, origin, sustainability, price, availability, delivery, legal compliance, or any other material fact.

AI-assisted tools may help create concepts, transform instructions, suggest materials or products, check files, and prepare previews. Their outputs are proposals, not guarantees of originality, legal clearance, manufacturability, color accuracy, certification, price, delivery date, or production outcome.

You must review outputs and all material facts before relying on them. You remain responsible for your instructions, content, selections, rights clearances, and approvals. MerchandAise may require human, technical, legal, or production review before an output can be quoted or produced.

If an AI or automated result may materially affect access, an order, or a legal right, you may request human review through support@merchandaise.com. We may restrict prompts, outputs, or automated actions to protect users, rights holders, production partners, and the Platform.

A project may move between the website, an embedded surface, ChatGPT or another authorized assistant, a mobile experience, an API client, and human support. Where supported, these surfaces refer to a versioned project state containing the applicable design, configuration, artwork, instructions, knowledge, and approvals.

A preview, recommendation, availability indication, or quote is valid only for the exact state, assumptions, quantities, destination, and validity period to which it refers. Editing a design, artwork file, product, material, quantity, destination, production method, or other material input may invalidate an earlier result and require a new check or quote.

Resume links, project identifiers, and version references are access mechanisms. Do not alter, guess, reuse, or disclose them outside their intended project or authorized team.

Previews and mockups are illustrative. Screen colors, scale, placement, texture, materials, and physical results can differ from a manufactured item.

Mass production requires the buyer’s explicit approval of both the applicable digital proof and the genuine physical production sample required for that order. Silence, inactivity, a missed deadline, prior comments, payment, or approval of only one of those items never counts as approval of the other or as authorization to begin mass production.

Changes after an approval can affect price and timing and require a revised proof, a revised physical sample, or both. Order-specific responsibilities, sample charges, approval records, and remedies are governed by the Terms of Sale and accepted quote.

You retain the rights you hold in logos, artwork, prompts, files, brand materials, text, feedback, and other content you submit ("User Content"). These Terms do not transfer ownership of your User Content to us.

You confirm that you have all rights, permissions, notices, and lawful bases needed for us and our service and production partners to use User Content as instructed. You must not submit confidential, personal, regulated, or third-party material unless you are authorized to do so and the Platform is appropriate for it.

You are responsible for checking names, spelling, dates, quantities, artwork, claims, trademarks, permissions, and other instructions before approval.

You grant Hutter Products a worldwide, non-exclusive, limited license to host, reproduce, adapt, render, transmit, inspect, moderate, and share User Content only as reasonably needed to operate, secure, support, improve, quote, and fulfill the services you request; comply with law; and enforce these Terms.

This license allows us to provide necessary User Content to authorized team members and to contracted technology, professional, logistics, and production partners under appropriate restrictions. It does not authorize public advertising of a private design without separate permission.

The license ends when the relevant purpose and retention period end, except for copies we must retain for legal, security, backup, dispute, or recordkeeping reasons.

The Platform, software, interfaces, workflows, documentation, trademarks, service marks, templates, and other materials supplied by us or our licensors are protected by intellectual-property and other laws.

Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable right to use the Platform for its intended purpose. You may not copy, sell, sublicense, reverse engineer, or create a competing service from protected Platform elements except where mandatory law permits it.

If you voluntarily provide product feedback, you permit us to use it without restriction or payment, provided we do not publicly identify you without permission.

If you believe content on the Platform infringes intellectual-property rights or is illegal, contact legal@merchandaise.com with your identity and contact details, the exact content and location, the right or rule involved, supporting facts, and a good-faith statement that the notice is accurate.

We may ask for more information, restrict or remove content, preserve evidence, notify affected users, or refer a matter to competent authorities when appropriate. Knowingly false or abusive notices may lead to account restrictions and liability under applicable law.

Where a legally mandated notice, statement-of-reasons, complaint, or out-of-court redress process applies, we will provide the required channel and information.

Supplier identities, factory relationships, private catalogues, sourcing methods, negotiated costs, capacity, audit records, technical files, and other non-public production information are confidential to Hutter Products or the relevant partner unless we expressly disclose them for a defined purpose.

Users must not use Platform access to identify, solicit, bypass, benchmark, or contract around Hutter Products’ private production network, or disclose confidential information, except where a signed agreement or mandatory law permits it.

Suppliers must protect buyer artwork, project data, commercial terms, and personal data and may use them only to perform authorized work for Hutter Products.

Some Platform versions may allow public profiles, shared designs, galleries, comments, ratings, reviews, or creator participation. A feature description does not promise that the feature is available in every country or to every user.

Public contributions must be honest, relevant, and based on genuine experience where they describe a product or service. Disclose incentives and do not post fake engagement, undisclosed advertising, confidential information, or personal data about others.

If you intentionally publish User Content, you grant us a non-exclusive license to display, distribute, format, and promote that public contribution through the enabled feature until you remove it, subject to reasonable technical and legal retention.

We may use automated tools and human review to detect fraud, abuse, unsafe requests, rights violations, policy violations, and security threats. A flag does not by itself establish wrongdoing.

Depending on severity and context, we may warn a user, limit reach or functionality, remove content, pause an action, require verification, suspend access, terminate an account, preserve records, or report conduct when required or reasonably necessary.

Where applicable law requires reasons, internal complaint handling, or other redress for a moderation decision, we will provide it. You may contact support@merchandaise.com to ask for review.

An organization may make the Platform available through its own workspace, site, application, or embedded experience. The organization is responsible for its users, permissions, instructions, notices, and any content or personal data it controls.

If we process personal data solely on an organization’s documented instructions, the applicable data-processing agreement controls that processing. For data we use for our own account administration, security, legal compliance, and buyer-facing sales responsibilities, Hutter Products acts in its own role as described in the Privacy and Cookie Policy.

Administrators must not monitor users, access private projects, or export data beyond their authority or applicable law.

Access to an API, SDK, MCP tool, assistant connection, webhook, or other integration may require separate documentation, credentials, scopes, rate limits, technical rules, and commercial terms.

Keep credentials secret; request only the permissions needed; validate user intent before consequential actions; and do not use an integration to bypass checkout, approval, safety, localization, availability, or access controls.

We may change, throttle, suspend, or retire an integration for security, legal, reliability, or product reasons. When reasonably possible, we will give advance notice of a material change affecting a supported production integration.

Our Privacy and Cookie Policy explains how Hutter Products collects, uses, shares, transfers, and retains personal data and how users can exercise privacy and cookie choices.

If you provide personal data about another person, you must be authorized to do so and give required notices. Do not submit sensitive or regulated data unless we have expressly agreed that the relevant service is designed to handle it.

No system is completely secure. Use available security controls, limit access to those who need it, and report suspected vulnerabilities responsibly to security@merchandaise.com without accessing, changing, or disclosing data beyond what is necessary to demonstrate the issue.

The Platform may connect to payment, identity, communications, hosting, analytics, AI, shipping, mapping, or other third-party services. Their own terms and privacy notices may apply to your direct use of their services.

We are not responsible for third-party sites or services we do not control. A link, integration, or compatibility statement is not an endorsement or guarantee of continued availability.

Hutter Products remains responsible for its own buyer-facing sales obligations under the Terms of Sale even when it uses service or production partners to perform them.

We aim to provide a reliable Platform but do not promise uninterrupted, error-free, or permanent access. Maintenance, security events, supplier dependencies, legal restrictions, and technical failures may affect availability.

Features described as preview, beta, pilot, experimental, or similar may change, contain errors, or be withdrawn. Do not rely on them for critical activity unless we expressly agree otherwise in writing.

We may improve or change the Platform. If a change materially reduces a paid service, any notice or remedy in the applicable agreement will apply.

You may stop using the Platform at any time. Account deletion remains subject to outstanding orders, legal duties, dispute holds, and the retention rules in our Privacy and Cookie Policy.

We may restrict or suspend access when reasonably necessary to investigate suspected misuse, protect people or systems, comply with law, prevent fraud, enforce these Terms, or address payment or security risk. We may terminate access for a material or repeated breach.

Termination does not cancel an accepted order or remove accrued rights and duties. Provisions that by their nature should continue—including ownership, confidentiality, payment, disclaimers, liability, dispute, and recordkeeping provisions—survive.

To the fullest extent permitted by law, the Platform is provided on an "as available" basis. We do not warrant that every output, preview, recommendation, integration, sustainability indicator, supplier datum, or third-party item is complete, error-free, suitable for a particular purpose, or available in every location.

Nothing on the Platform is legal, tax, customs, certification, safety, sustainability, or other professional advice. You are responsible for obtaining advice appropriate to your circumstances.

These disclaimers do not reduce express commitments in an accepted quote, Terms of Sale, signed agreement, or any warranty that cannot lawfully be excluded.

Nothing in these Terms excludes or limits liability for intent or gross negligence, death or personal injury, fraud, a duty that cannot lawfully be limited, or buyer remedies that mandatory law protects.

Subject to the previous paragraph, Hutter Products is not liable under these Terms for indirect or consequential loss, lost profit, lost opportunity, or loss caused by unauthorized access, unlawful User Content, unsupported third-party services, or a user’s failure to review or approve accurate project information.

If you use the Platform for business, you will defend and indemnify Hutter Products against third-party claims and reasonable costs caused by your unlawful User Content, infringement of third-party rights, unauthorized instructions, or material breach of these Terms, except to the extent Hutter Products caused the claim. Order-related liability is governed by the Terms of Sale or applicable agreement.

Swiss law governs these Terms, excluding conflict-of-law rules and the United Nations Convention on Contracts for the International Sale of Goods. Courts at Hutter Products’ registered office have jurisdiction, subject to any mandatory consumer forum or other jurisdiction that cannot lawfully be excluded.

Before filing a claim, contact legal@merchandaise.com and give us a reasonable opportunity to resolve it. This does not suspend a limitation period or prevent urgent relief.

We may update these Terms for legal, security, operational, or product reasons. We will post the new version and effective date and provide additional notice where required. Material changes do not retroactively alter an accepted order unless the governing order terms allow it.

The English text is the source version. A localized route identifies language and regional context, not the law or courts that necessarily apply. If a translation conflicts with the source version, the English text controls to the extent permitted by mandatory law.