Terms of Service

1. Agreement to these terms

BashMerch is a sole proprietorship based in the United States that operates the BashMerch platform.

• Entity: BashMerch (sole proprietorship)
• Mailing address: BashMerch, #1126, 265 Chelmsford Street STE 7, Chelmsford, MA 01824, United States
• Contact: support@bashmerch.com

By creating an account, accessing the Service, or otherwise using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

If you use the Service on behalf of a business or other organization, you represent that you have authority to bind that organization to these Terms, and “you” refers to both you and that organization.

2. The Service

BashMerch is a software-as-a-service tool for print-on-demand sellers. Depending on your plan and the integrations you connect, the Service may include:

• Design management. Uploading, organizing, and storing your design files and product artwork.
• AI image and metadata generation. Generating images from prompts, and generating product titles, descriptions, tags, and similar listing metadata.
• Mockups. Rendering your designs onto product mockups.
• Publishing. Creating and updating listings on connected third-party platforms, including Shopify and Printify, at your instruction.
• Batch operations and monitoring. Running bulk publishing jobs and tracking their progress.

We may add, change, or discontinue features over time. We will not make material reductions to the core functionality of a paid plan during a billing period without notice.

3. Accounts and eligibility

3.1 Eligibility

You must be at least 18 years old and capable of forming a binding contract to use the Service. The Service is intended for commercial use by sellers and is not directed to children.

3.2 Account information

You agree to provide accurate, current, and complete information when you register, and to keep that information up to date. We may suspend or terminate accounts that we reasonably believe contain false or misleading information.

3.3 Credentials and account security

You are responsible for safeguarding your login credentials and for all activity that occurs under your account. Do not share your credentials. Notify us at support@bashmerch.com promptly if you believe your account has been accessed without authorization.

3.4 Workspaces and team members

The Service organizes your data into workspaces. If you invite others to a workspace, you are responsible for their use of the Service within it, and you authorize them to act on the workspace’s behalf up to the permissions you grant. The workspace owner controls the workspace’s data, billing, and connected integrations.

3.5 Connected integrations

When you connect a third-party platform, you authorize us to access and act on that platform on your behalf using the credentials it issues, solely to perform the actions you instruct. You may disconnect an integration at any time from within the Service.

4. Credits, plans, and billing

4.1 Credits

Metered features of the Service — such as AI image generation, AI metadata generation, and mockup rendering — consume credits. Credits are a prepaid unit of access to the Service. They have no cash value, are not a stored-value or gift-card instrument, cannot be redeemed for cash, and cannot be transferred or sold outside the Service.

The credit cost of each action is shown in the Service and may be adjusted as our underlying provider costs change. We will not increase the credit cost of an action retroactively for actions you have already performed.

4.2 Plans and included credits

The free plan includes 30 credits per month. Paid plans include a larger monthly credit allowance and higher limits, as described on our pricing page and in your account.

Monthly plan credits refresh at the start of each billing period. On paid plans, unused monthly plan credits carry forward into a separate rollover balance, up to a maximum rollover balance of two times your monthly plan allocation. Rollover credits are not subject to a time limit and remain available while your account is open; however, any unused monthly plan credits that would exceed that cap are forfeited at the moment your next monthly allocation is granted. Free-plan credits do not roll over.

Purchased credits are separate from monthly plan credits and rollover credits, are not subject to the rollover cap, and never expire while your account remains open.

4.3 Credit packs

You may purchase additional credits at any time. Current credit packs are:

The credit amounts and prices shown in the Service at the time of purchase are authoritative.

4.4 Payment

• On our website. Credit packs and paid plan subscriptions are billed through Stripe, our payments processor. By purchasing, you authorize Stripe to charge your selected payment method. Subscriptions renew automatically each billing period until you cancel.
• In the Shopify admin. If you purchase credits or a plan from within our Shopify embedded app, that purchase is billed through Shopify and appears on your Shopify invoice. Shopify’s billing terms and refund process apply to those purchases.

You are responsible for any taxes associated with your purchase other than taxes on our income, and for keeping a valid payment method on file for as long as your subscription is active.

4.5 Cancellation and refunds

You may cancel a paid plan at any time. Cancellation takes effect at the end of the current billing period; you keep access to paid features until then, and we do not prorate partial billing periods except where required by law.

Credits that have already been consumed are non-refundable. Because each consumed credit corresponds to compute we have already purchased on your behalf from a third-party provider, we cannot reverse it. We may, at our discretion, issue a refund or a credit adjustment — for example, where a generation fails through our fault — and we will always issue refunds where required by applicable law, including any statutory right of withdrawal you may have.

4.6 Price changes

We may change plan prices and credit pack prices. We will give you notice before a price change takes effect, and any change to a recurring subscription price will apply from your next billing period so that you can cancel first if you do not wish to continue. Changes never apply retroactively to purchases you have already made.

4.7 Failed payments

If a payment fails, we may retry it and may suspend or downgrade your plan until payment succeeds. Purchased credits already in your balance remain available to you.

5. Acceptable use

You agree not to use the Service, and not to permit anyone using your account to use the Service, to:

5.1 Unlawful and infringing use

• Violate any applicable law or regulation, or facilitate any illegal activity.
• Upload, generate, publish, or sell content that infringes or misappropriates any copyright, trademark, trade dress, patent, right of publicity, or other proprietary right of a third party.
• Use another person’s name, likeness, signature, or voice without the rights to do so.
• Upload or publish content that is defamatory, fraudulent, or deceptive, including counterfeit goods and false claims of endorsement or affiliation.

5.2 Abuse of AI generation

You may not use the Service’s AI features to create, request, or distribute:

• Child sexual abuse material, or any sexual content depicting minors.
• Non-consensual intimate imagery, or sexual content depicting a real identifiable person without their consent.
• Content that targets, harasses, threatens, or incites violence against a person or group, including on the basis of race, ethnicity, national origin, religion, sex, gender identity, sexual orientation, disability, or age.
• Content that promotes or glorifies terrorism, violent extremism, or self-harm.
• Deceptive impersonation of a real person or organization, including synthetic media presented as authentic.
• Content that violates the usage policies of the underlying AI providers that power these features.

We may review content submitted to or produced by our AI features to enforce this section, and we may block, remove, or refuse to process content that violates it.

5.3 Technical and commercial restrictions

• Reverse engineer, decompile, or disassemble the Service, or attempt to derive its source code, except to the extent that restriction is prohibited by law.
• Scrape, crawl, or use automated means to extract data from the Service other than through interfaces we provide for that purpose.
• Access the Service in order to build a competing product, or resell, sublicense, or otherwise provide access to the Service to third parties who are not authorized users of your workspace.
• Circumvent or attempt to circumvent credit accounting, plan limits, rate limits, or other usage controls, including by creating multiple accounts to obtain additional free credits.
• Probe, scan, or test the vulnerability of the Service, breach its security or authentication measures, or interfere with its normal operation, including by introducing malware or by overloading our infrastructure.

We may investigate suspected violations and may suspend or terminate access in accordance with Section 10.

6. Your content and intellectual property

6.1 You own your content

You retain all ownership rights in the designs, images, text, and other material you upload to or create with the Service (your Content). We claim no ownership of it.

6.2 License you grant us

You grant us a worldwide, non-exclusive, royalty-free license to host, store, reproduce, modify (for example, to resize or render a mockup), transmit, and display your Content solely to the extent necessary to operate and provide the Service to you. This includes transmitting your Content to print providers and marketplaces you instruct us to publish to, and to the AI providers described in our Privacy Policy when you use an AI feature.

This license exists only to run the Service, ends when you delete the Content or close your account (subject to the retention periods in our Privacy Policy), and does not permit us to use your Content to market our own business or to train general-purpose machine-learning models.

6.3 Your warranties about your Content

You represent and warrant that you own or hold all rights, licenses, and permissions necessary for your Content and for our processing of it as described in these Terms, and that your Content does not infringe any third-party right or violate any law. You are solely responsible for your Content and for the products you list using it.

6.4 AI-generated output

As between you and us, we do not claim ownership of the images, text, or other output the Service generates at your request (“Output”). You are solely responsible for how you use Output, including whether it is suitable for commercial sale in your jurisdiction and on your chosen marketplace.

You acknowledge that:

• Generative models can produce similar or identical Output for different users from similar prompts. We make no guarantee that Output is unique.
• The copyright status of AI-generated material varies by jurisdiction, and purely AI-generated Output may not be eligible for copyright or trademark registration. We make no representation that Output is protectable or registrable.
• Output may unintentionally resemble existing works or protected marks. You are responsible for clearing Output before commercial use.
• The rights and restrictions of the underlying AI provider that produced the Output also apply, including any restriction on commercial use for models we identify in the Service as not commercially safe.

6.5 Our intellectual property

The Service itself — including our software, interfaces, and branding — is owned by us and protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable right to use the Service in accordance with these Terms. No other rights are granted.

6.6 Copyright complaints

If you believe content on the Service infringes your copyright, email support@bashmerch.com with a description of the work, the location of the material, your contact information, and a statement of good-faith belief that the use is unauthorized. We will investigate and may remove the material and terminate repeat infringers.

7. Third-party platforms

The Service connects to third-party platforms — including Shopify and Printify — and to third-party AI, payment, and infrastructure providers. Those platforms are independent of us.

• Your use of each platform is governed by that platform’s own terms and policies, which you are responsible for reading and complying with.
• We are not responsible for the availability, accuracy, pricing, or performance of any third-party platform, or for changes it makes to its APIs, fees, or policies.
• We are not responsible for a platform’s decisions about your account or your listings, including removing a listing, rejecting a product, suspending your shop, or withholding payouts.
• Marketplace fees, transaction fees, payout terms, and taxes charged by those platforms are set by them and are separate from any amounts you pay us.
• Order fulfilment, printing, shipping, and returns are handled by the print providers and marketplaces you use, not by us.

If a platform changes or removes access to its API, we may have to change or discontinue the corresponding feature of the Service.

Shopify

Shopify is a trademark of Shopify Inc. This application uses the Shopify API but is not endorsed or certified by Shopify Inc.

Printify

Printify is a trademark of Printify, Inc. This application uses the Printify API but is not endorsed or certified by Printify, Inc.

8. Disclaimers

The Service is provided “as is” and “as available,” without warranties of any kind, whether express, implied, or statutory. To the fullest extent permitted by law, we disclaim all implied warranties, including the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

In particular, we do not warrant that:

• The Service will be uninterrupted, timely, secure, or error-free, or that defects will be corrected.
• Publishing, syncing, or any other integration action will succeed, given that it depends on third-party platforms outside our control.
• You will achieve any particular level of sales, revenue, listing visibility, or other commercial result from using the Service.
• Any AI Output will be accurate, original, suitable for your purpose, or free of third-party claims.
• Printed products will meet any particular standard of quality, color accuracy, durability, or delivery time. Printing and fulfilment are performed by third-party print providers, and their production and quality standards, not ours, govern the finished product.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. In that case, the excluded warranties are limited to the minimum duration and scope permitted by applicable law.

9. Limitation of liability

To the fullest extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, sales, goodwill, data, or business opportunity, arising out of or relating to the Service or these Terms — even if we have been advised of the possibility of those damages.

To the fullest extent permitted by law, our total aggregate liability for all claims arising out of or relating to the Service or these Terms will not exceed the greater of (a) the total amount you paid us in the twelve (12) months immediately before the event giving rise to the claim, or (b) one hundred United States dollars ($100).

These limitations apply regardless of the legal theory on which the claim is based, and they survive any failure of the essential purpose of a limited remedy.

Some jurisdictions do not allow the exclusion or limitation of certain damages. Where that is the case, the exclusions and limitations above apply only to the extent permitted, and nothing in these Terms limits liability that cannot lawfully be limited — including liability for fraud, for death or personal injury caused by negligence, or for any statutory consumer rights you have that cannot be waived.

10. Termination

10.1 Termination by you

You may stop using the Service and close your account at any time from your account settings or by emailing support@bashmerch.com.

10.2 Termination and suspension by us

We may suspend or terminate your access to the Service, in whole or in part, if you materially breach these Terms, if we are required to do so by law, or if your use poses a security, legal, or financial risk to us or to other users. For violations of Section 5 (Acceptable use) we may act immediately and without prior notice, including where the content involved is illegal. Otherwise, we will give you notice and a reasonable opportunity to cure where it is practical to do so.

We may also discontinue the Service entirely on reasonable prior notice. If we do, we will refund any prepaid subscription fees covering the period after the shutdown.

10.3 Effect of termination

On termination, your right to use the Service ends immediately and your paid plan does not renew. We will make your Content available for export during a wind-down period of 30 days following termination, after which we delete or anonymize it in accordance with our Privacy Policy.

Unconsumed purchased credits remain usable during that wind-down period and are forfeited when it ends, unless applicable law requires otherwise. Monthly plan credits and rollover credits are forfeited on termination. Credits have no cash value and are not refundable on termination, except where required by law.

Sections 4.5 (Cancellation and refunds), 6 (Your content and intellectual property), 8 (Disclaimers), 9 (Limitation of liability), 11 (Governing law), and any other provision that by its nature should survive, survive termination.

11. Governing law

These Terms and any dispute arising out of or relating to them or to the Service are governed by the laws of the Commonwealth of Massachusetts, United States, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

You and we agree that the state and federal courts located in Massachusetts have exclusive jurisdiction over any dispute, and each party consents to personal jurisdiction and venue there.

If you are a consumer resident in a jurisdiction whose law entitles you to the protection of mandatory local consumer rules or to bring proceedings in your local courts, nothing in this section removes that entitlement.

12. Changes to these Terms

We may update these Terms from time to time. When we do, we will revise the “Last updated” date at the top of this page. For material changes, we will provide additional notice (for example, by email or an in-app notice) before the change takes effect. Your continued use of the Service after the effective date of the updated Terms constitutes your acceptance of the updates. If you do not agree to the updated Terms, you must stop using the Service and may close your account.

13. General terms

• Entire agreement. These Terms, together with our Privacy Policy, are the entire agreement between you and us about the Service and supersede any prior or contemporaneous agreement, proposal, or understanding on that subject.
• Severability. If any provision of these Terms is held invalid or unenforceable, it will be modified to the minimum extent necessary to make it enforceable, or severed if it cannot be, and the remaining provisions stay in full force and effect.
• No waiver. Our failure to enforce any provision is not a waiver of our right to enforce it later, and any waiver must be in writing to be effective.
• Assignment. You may not assign or transfer these Terms, or any of your rights or obligations under them, without our prior written consent, and any attempt to do so is void. We may assign these Terms in connection with a sale or reorganization of the business, including a merger, acquisition, or sale of substantially all of our assets.
• Force majeure. Neither party is liable for any delay or failure to perform caused by events beyond its reasonable control, including natural disasters, war, civil unrest, labor disputes, government action, or failures of the internet, hosting providers, or other third-party infrastructure.
• Language of these Terms. These Terms are published in English. Any translation is provided for convenience only, and the English version governs in the event of a conflict.
• Headings. Section headings are provided for convenience and reference only. They do not define, limit, or affect the meaning or interpretation of these Terms.

14. Contact us

If you have questions about these Terms or need to report a violation:

• Email: support@bashmerch.com
• Mailing address: BashMerch, #1126, 265 Chelmsford Street STE 7, Chelmsford, MA 01824, United States