1. General Information

(a) This agreement governs your use of Hidiy’s site and service, including all orders made or processed for products or services in connection with the site and service, are the parties to this agreement. If you choose to use other features of the site and service, like opening a shop to sell custom, print-on-demand products, other terms may apply in addition to these. No exceptions to these terms are effective unless Hidiyhas agreed to them in writing.

(b) Hidiymay change these terms from time to time. If Hidiymakes changes to these terms, you will be notified and asked to accept the new terms as a condition of continuing to use Hidiy’s site and service. If you disagree with any amendments, you must stop using Hidiy’s site and service.

2. General Terms of Using the Website and Service

(a) Hidiyowns all intellectual property and other rights, title and interest in and to its website and service (except for user-provided content). Your use of the website and service does not grant you any right, title or interest to these properties, except as follows. Hidiygrants you a limited, revocable license to access and use the website and service for its intended purpose: the provision of an online, on-demand, customizable crafting solution. You may only use the website and service according to Hidiy’s terms, rules, and guidelines found on its website, and Hidiymay revoke this license and limit your access to the website and service according to Section 15 (Termination of Access).

(b) You may notinterfere with the website and service by using viruses or any other programs or technology designed to disrupt or damage any software or hardware; modify, copy, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the website and service; use a robot or other automated means to monitor the activity on or copy information or pages from the website and service, except search engines, traffic counters, or similar basic performance monitoring technology; impersonate another person or entity; use any meta tags, search terms, keywords, or similar tags that contain Hidiy’s name or trademarks; engage in any activity that interferes with another user’s ability to use or enjoy the website and service, including activity that places a disproportionate burden on the website and service compared to ordinary use from a single, ordinary user; assist or encourage any third party in engaging in any activity prohibited by this agreement; or use the website and service to promote hate speech, obscenity, or any content that violates Hidiy’s Community Standards,which Hidiymay change from time to time in Hidiy’s sole discretion.

3. Shops

(a) There are two kinds of shops on Hidiy’s website. One is the shops that are created and managed by Hidiy itself (“Hidiy Shop(s)). The other is the shops that are created and managed by independent shop owners (“Partner Shop(s)). You can find out who owns any shop by clicking on a link in each shop page.

(b) Independent shop owners of Partner Shops are the only ones responsible for the products and designs they offer in their shops, the way they design their shops, and the way they promote their products. Hidiy does not use any of their designs or products until a customer orders something that has one of those designs or products.

4. Product Transactions

(a)When a customer places an order using Hidiy’s website and service, they are making a binding offer to buy a product or, as the case may be, a product with custom work and materials from Hidiy only (there is no contract between the customer and any shop owner). Hidiy sends an email to the customer to confirm the order. The email is not an acceptance of the offer, but only a confirmation that the order was received. The offer is only accepted when Hidiy sends another email to confirm that the product is ready for shipping. Hidiy cannot guarantee that all products and designs on its website will always be available.

(b) Information, drawings, figures, technical data, specifications of weight, measurements and services in brochures, catalogues, newsletters, ads, or price lists are for reference only. Hidiy cannot guarantee the accuracy of this information, and if there is any difference between the information above and the information in the order confirmation email, the order confirmation email prevails.

(c)Hidiy has the right to cancel orders for any reason or no reason. If Hidiy cancels an order, it will inform the customer.

(d) Hidiy’s delivery of an order is completed when the delivery service delivers the product to the customer’s address, according to the records of the delivery service. If there is a problem with the delivery, and Hidiy cannot replace the order in a reasonable time, Hidiy will let the customer know as soon as possible.

(e) If there is a problem with the product or if the customer is not happy with their order for any reason, Hidiy’s return policy will apply, which Hidiy may change at any time at its own discretion.

5. Delivery & Shipment

(a) Hidiyguarantees that it will dispatch orders within three weeks after orders are placed. Usually, goods are sent within a few days and typical delivery times are 2-4 days, but in some situations shipment and delivery can take up to three weeks. Customers and Hidiymay agree on more specific delivery times and terms in a separate document or agreement (such as a request for express shipping).

(b) Hidiywill deliver the goods using a shipment service provider of its choice. The customer must pay standard shipping costs which may vary depending on order value and shipping destinations. Shipping costs are shown at checkout.

6. Prices

(a) All prices shown on Hidiy’s site are final, and may change from time to time. Shipping and handling are charged and displayed separately at checkout (or on invoices, if applicable). The shipping address and order amount may affect certain costs, and sales taxes may apply to some orders.

(b) For customers ordering from outside the United States, all product prices are exclusive of local taxes and fees unless otherwise indicated. If, according to applicable law, the goods are subject to sales taxes, import duties, import brokerage fees, or other taxes or fees in the recipient’s country, and if these are not already collected at checkout, then the customer has the sole responsibility to pay these taxes and fees.

(c) Customers must pay the purchase price, applicable sales taxes, and shipping and handling charges immediately upon placing an order, without deduction.

7. Payment

(a) Hidiyaccepts various payment methods, such as direct debit, credit card, advance payment, or others. However, Hidiymay restrict the payment options available to the customer based on the order value, delivery location, or other relevant factors.

(b) If the customer chooses a payment method or provides payment information that prevents or delays Hidiyfrom receiving the payment (for example, insufficient funds in the customer’s account, or incorrect payment details) and this is not Hidiy’s fault, the customer agrees to pay an extra fee to Hidiyto cover the costs of processing or attempting to process the unsuccessful transaction.

(c) Hidiymay use third-party services to handle the payment process.

(d) If the customer does not pay, Hidiymay transfer its claims to a collection agency and share the necessary personal data with them for the purpose of collecting the payment.

8. Title to Products

Hidiyowns the products until they are fully paid for and shipped to the customer. Once the products are handed over to the carrier, the customer becomes the owner and bears the risk of loss or damage. The customer should take good care of the products until they have full ownership of them (for example, in case they want to return them).

9. Disclaimers

(a) Hidiyoffers the site and service on an “as is and “as available basis. Hidiydoes not guarantee or promise that the site and service or its use: (i) will be continuous, timely, safe, or secure, (ii) will be free of mistakes, errors, or weaknesses, (iii) will meet your expectations or needs, or (iv) will work in the configuration or with the hardware or software you use. Hidiyhereby rejects any and all express or implied warranties, including without limitation, warranties of suitability for a specific purpose, merchantability, and non-infringement to the maximum extent of the law, except to the extent that this agreement provides otherwise.

(b) You agree that Hidiyis not liable for any harm suffered by you in connection with the site and service, and that use of the site and service, including all content, data or software distributed by, downloaded, or accessed from or through the site and service, is at your sole risk. You understand and agree that you will be solely responsible for any damage to your business or your computer system or any loss of data that results from your actions and your use of the site and service. Hidiydoes not control or endorse in any way any information, products, or services offered by third parties through the site and service, and is not responsible for any possible representations and warranties these third parties may make.

(c) Due to normal changes in our industry and in our technical production processes, Hidiymay reasonably differ from the descriptions and information found in its brochures, catalogues, and other documents with respect to material, color, weight, measurements, design, or other features.

(d) Hidiymay use subcontractors or third parties to provide certain elements of its site and service. You agree that Hidiywill not be responsible to you in any way for your use of these services.

10. Limitation of Liability

(a) You use Hidiy’s site and service at your own risk. Hidiy does not provide any express or implied warranties for its site and service (See Section 9(a) (Disclaimers) above). Hidiy is not responsible for the actions, content, information, or data of third parties. You agree to release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against Hidiy or any related third parties. If you are a California resident, you agree to waive California Civil Code §1542, which says in full: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.

(b) Hidiy is not liable to you for any lost profits or other consequential, special, indirect, or incidental damages arising out of or relating to the site and service or any agreement between you and Hidiy, even if advised of the possibility of such damages. Hidiy’s total liability arising out of or in connection with the site and service or any agreement between you and Hidiy may not exceed the lesser $100 or the amount of money actually exchanged between you and Hidiy within the past six months. Applicable law may not allow the limitation or exclusion of liability described in this Section. In such cases, Hidiy’s liability will be limited to the fullest extent permitted by applicable law.

11. User Representations and Warranties; Hidiy’s Right to Refuse Performance

(a) If you upload designs or make changes to products in any way (for example, adding custom text), you represent and warrant to Hidiythat you have all necessary rights (for example, in trademark, copyright, privacy rights, publicity rights, common law, etc.) to use the text or design without violating the rights of any third party. Hidiymay, in its sole discretion, refuse to print any designs or text that you submit. However, Hidiyis not obligated to review any of your submissions.

(b) You agree to (i) indemnify and (ii) release Hidiyfrom all liability (including costs and attorney’s fees) for claims relating to the alleged or actual infringement of any third-party rights and any law to the extent that such claims relate to your use of Hidiy’s site and service. If you are a shop owner with Hidiy, Hidiymay deduct amounts from your shop owner account to satisfy the indemnification payments owed according to this paragraph.

12. How We Protect Your Data

We care about your privacy and we follow our privacy policy when we collect and use your data. You agree that you will keep your information safe (including your passwords), not share your sensitive information with anyone, and be responsible for what you do with your user account.

13. How We Solve Problems

(a) This agreement (and any other agreement that refers to this agreement) is based on the laws of the United States and Massachusetts, no matter what other laws might apply. If we have any problem or disagreement about this agreement, we agree to try to solve it by confidential arbitration in Boston, Massachusetts, unless you have done something that violates or threatens to violate our intellectual property rights or the rights of a third party, or any term of any agreement you have with us. In that case, we can go to any state or federal court in Massachusetts to ask for help. We also agree that the arbitration will be done by a neutral person or organization that we both agree on, and if we can’t agree, then by the American Arbitration Association; we will only make claims as individuals, and not as a group, class, or representative of others; and the decision of the arbitrator is final, binding, and can be enforced by any court that has the power to do so.

(b) If anyone tries to start a legal action or claim against the arbitration rules in paragraph 13(a), we agree that the state and federal courts of Massachusetts, Suffolk County, have the power and authority to deal with it, and we both give up the right to have a jury trial. Any legal action or claim that goes against paragraph 13(a) is not valid, and the party that did not start it can recover all the legal fees and costs related to dismissing the invalid action or claim after they have given written notice of the invalidity.

14. Digital Millennium Copyright Act

Hidiywill respond to legitimate requests under the Digital Millennium Copyright Act (DMCA), and retains the right to deny service to any user if inHidiy’s sole discretion, the usage or content poses a risk of allegations of infringement of the copyright (or other intellectual property right) of others. If you become aware of user content on Hidiy's site and service that infringes your copyright rights, you may send us an email [email protected].

15. Ending Your Use of Hidiy

(a) Hidiyhas the right to stop you from using its site and service, completely or partially, at any time and without warning, for any reason or no reason, but especially if Hidiythinks that you (or anyone else who Hidiythinks that you are working with) have broken or will break any laws, rights, or terms (or the spirit of any terms) of any agreement you have with Hidiy, its affiliates, contractual partners, or users; or if Hidiydecides in its sole discretion that your use of the site and service may cause any risk (including any legal risk) for Hidiy, its affiliates, contractual partners, or users. Ending your use of Hidiymay include removing or changing content that you have uploaded or otherwise sent to or through the site and service.

(b) If Hidiyuses its rights under Section 15(a), or if you delete your account, this entire agreement and any other agreements you have with Hidiywill continue forever until they are ended according to their terms, if applicable.

16. Miscellaneous

(a) Entire Agreement. This agreement (along with other policies found on Hidiy's site and service) contains the entire agreement between the parties and replaces all prior oral and written agreements. No oral modifications, express or implied, may change the terms of this agreement. The parties have not relied on any representations or promises relating to the subject matter of this agreement except those contained within the four corners of this agreement.

(b) Relationship of Parties. This agreement and other agreements relating to the site and service do not constitute a joint venture, partnership, agency, employment or fiduciary relationship between the parties, except when one is expressly stated. Neither party nor its agents have any authority to bind the other party, and the relationship of the parties is that of buyer and seller, or independent contractors in certain circumstances.

(c) Successors, Assignment, and Delegation. This agreement inures to the benefit of and binds the successors, assigns, heirs, executors and administrators of the parties. However, you may not assign or delegate any right or duty under this agreement without written consent from Hidiy. Any attempt to do so is null and void. If there is an involuntary assignment, then Hidiymay reasonably request documentation from your successors or estate to prove that an involuntary assignment of your rights under this agreement has actually taken place.

(d) Means of Notice. Written notices and other communications described herein may be made electronically and are effective when sent or published. You guarantee that the information provided in your orders or user account is accurate and hereby waive all rights or objections relating to not having received notices from Hidiybecause of incorrect or incomplete information.

(e) Enforceability and Severability. If any provision of this agreement is held invalid or unenforceable, the remainder of this agreement will remain in full force and effect. If any provision is held invalid or unenforceable with respect to particular circumstances, it will remain in full force and effect in all other circumstances.

(f) Waivers. Waivers are only effective when in writing. If Hidiy waives enforcement of a breach of any term of this agreement, later breaches of the same or other terms are not waived. Accepting late performance of any act or late fulfillment of any condition of this agreement is not a waiver of the act or condition itself.

(g) Interpretation Rules. Or when used in a group of phrases or nouns intends to include any combination of all or any of the items in the group, and not merely one member or the other of such a group. When includes or including begins a list of items, the list is not exclusive. All headings used in this agreement are for convenience only, and are not to be taken into account when interpreting the meaning of any term of this agreement.

(h) Conflicts. If there are any conflicts between this agreement and another agreement between you and Hidiy, then the terms of that other agreement will control only to the extent they are inconsistent. Otherwise, any additional terms are supplementary to the terms of this agreement.

(i) Reservation. Hidiyreserves all rights not expressly granted in this agreement.

(j) No Third-Party Beneficiaries. This agreement does not and is not intended to confer any rights or remedies upon any person(s) other than the parties.

(k) Minimum Age. Persons under the age of 18may not use the site. Hidiywill not collect, use, or disclose any personal information associated with a person under age 18.

(l) Retroactive Application. You agree that your acceptance of this version of this agreement and all other agreements incorporated by reference apply retroactively to your use of the site and service prior to the effective date of this agreement.

Version: 11/2023