Terms of Service
AY Companies, LLC, operating as POD Mfg · printondemandmanufacturing.com · Version 2026-10-12.2 · Contact: team@podmfg.com
These terms are an agreement between AY Companies, LLC, operating as POD Mfg ("POD Mfg", "we", "us"), and the business that creates an account or connects a store to our platform ("you", the "Brand"). By accepting them, or by using the platform, you agree to them on behalf of your business. If you don't agree, don't use the platform.
1. What we do
We provide software that connects to your online store, and we manufacture, decorate and ship the products you sell through it — printed per order or produced in runs. We may use trusted production and shipping partners to make and deliver your products. Growth marketing, design and other services are provided only when agreed in writing.
2. Your account
- You must be authorized to bind your business and to connect the stores you connect.
- Keep your login and your store credentials secure. You're responsible for activity under your account.
- Tell us promptly at team@podmfg.com if you believe your account has been accessed without permission.
- Electronic signature. You agree that accepting these terms electronically — by ticking the box and clicking to accept — is your signature, has the same effect as a handwritten signature, and that we may keep and use the electronic record of it, under the federal E-SIGN Act and Florida's Uniform Electronic Transaction Act.
3. Orders and production
- When a customer buys one of your products, the order is sent to us for production. You authorize us to produce and ship it on your behalf.
- Production starts only after payment for the goods is secured (section 4) and the artwork passes our checks. We may hold an order if artwork is missing, too low in quality, or doesn't meet these terms, and we'll tell you why.
- Production time. Production time depends on the method — print on demand, pre-orders or bulk production. Our standard production time is 5–15 business days from release to production.
- Lead times are estimates only and are not guaranteed, because of prevailing supply constraints on blanks, materials and carriers. Production and delivery times we show, quote or discuss — including in-hand dates, event dates and rush requests — depend on our partners, materials and carriers. We are not liable for any loss, cost or missed event caused by a delay, and a delay is not a reason to refuse payment for goods produced.
- Bulk and custom quotes are binding only once confirmed in writing or accepted as an order.
- Once an order is in production it can't always be cancelled. Cancelled items already produced are charged.
- Orders on hold. If an order is held (for example for artwork, address or payment issues), you have 30 days to resolve it. After that we may cancel it, and we refund only if work on it hadn't started.
- Substitutions. If a blank garment is out of stock, we may substitute the closest comparable product (same style category and color family) so your order isn't delayed, unless you've told us in writing not to.
- Order details. You're responsible for the accuracy of every order, including the recipient's name, address and phone number. We aren't responsible for orders delayed, lost or misdelivered because of incorrect details, and reshipping them is charged.
- Your customers. You are the seller of your products. Your customers' questions, returns and claims are yours to handle, and any claim relating to a product you sold must be brought against you, not POD Mfg. You release POD Mfg from such claims except for our own production defects under section 6.
4. Pricing and payment
- The software is free to use. You pay for the products we make: the garment, its decoration and shipping, at the prices shown in your portal or quoted to you.
- All orders are paid upfront by credit card. You keep a valid credit or debit card on file. We charge it automatically once a day — at about 5:00 PM Pacific, one charge for all of that day's orders — and only then release those orders to production. Orders are held while no valid card is on file or a charge fails.
- Card security. Card payments are processed by Stripe, Inc., a third-party payment processor certified to the PCI DSS Level 1 standard. Your full card number and security code are entered directly with Stripe and are never stored on, or seen by, our systems — we keep only a reference to your card from Stripe (such as its brand and last four digits). Stripe's handling of your payment information is governed by Stripe's own terms and privacy policy, and we are not responsible for Stripe's systems.
- Amounts owed and late payment. You authorize us to charge your card on file for every amount you owe under these terms — including orders, reshipments, fees, and any amount reversed by a failed charge or chargeback. Amounts not paid when due accrue interest at 1.5% per month (or the highest rate the law allows, if lower) until paid, and you'll pay our reasonable costs of collecting them, including attorneys' fees.
- No chargebacks. Products are made to your order, so charges for goods we've produced are final. You agree not to dispute or reverse any charge with your bank or card issuer (a "chargeback"); questions about a charge must come to us first under section 6. You acknowledge that chargebacks will not be honored under this agreement: if one is filed, we will contest it, the full amount stays owed, and you'll also pay any chargeback, collection and legal fees it causes.
- Evidence of this agreement. You agree that your acceptance of these terms — including who accepted them, when, from which IP address, and which version — together with your order, production and shipping records, is valid proof of your authorization and of this agreement, and you authorize us to submit them to Stripe, your card issuer or any bank or card network in response to a chargeback or payment dispute.
- Production stops immediately on a chargeback. As soon as a chargeback or payment dispute is filed, all production, open orders and shipments for your account are stopped and your account is suspended until the disputed amount and fees are paid in full.
- Prices may change; changes apply to orders placed after we update them in your portal.
- You set the prices your customers pay and are responsible for your own customer refunds and customer service.
- Taxes. You are responsible for collecting and paying all sales, use and other taxes and duties on the products you sell, unless we tell you we're collecting a tax for a specific order. Where we must collect tax from you, we'll add it to your charges; provide a valid resale certificate if you're exempt.
5. Your artwork and content
- You keep ownership of your designs. You give us a non-exclusive license to use, reproduce and modify them only as needed to produce, mock up and ship your products, and to show them in our own marketing only with your permission.
- You confirm you own, or are licensed to use, every design, logo, name, likeness and image you send us, and that producing it doesn't infringe anyone's copyright, trademark or other rights, or break the law.
- You are solely responsible for the artwork and content you supply. We produce it on your instructions and do not review it for ownership or clearance. POD Mfg is not liable for any copyright, trademark or other intellectual-property infringement arising from artwork or content you supply or ask us to use.
- You will defend, indemnify and hold POD Mfg and its partners harmless from any claim, loss, damage, fine or cost (including reasonable attorneys' fees) arising from your artwork or content, or from products made with it.
- We may refuse or stop producing any design at any time — including content we believe infringes someone's rights, or is hateful, unlawful or harmful.
5A. Prohibited content
You may not send us, or ask us to produce, content that:
- sexualizes, exploits or endangers children;
- harasses, bullies, threatens or defames anyone;
- promotes hate or violence based on race, ethnicity, national origin, religion, sex, sexual orientation, gender identity, disability, age or veteran status;
- promotes terrorism, self-harm, or illegal activity, or is obscene;
- infringes anyone's copyright, trademark, publicity or other rights;
- contains other people's private information without their consent; or
- spreads harmful misinformation likely to lead to violence or public harm.
We may remove such content, cancel affected orders, and suspend or close your account, at our discretion and without liability.
6. Quality, defects and returns
- If an item arrives misprinted, damaged or defective because of our production, report it within 14 days of delivery with a photo. We'll reprint or credit it.
- Products are made to order, so we don't accept returns for size exchanges, buyer's remorse or errors in the artwork or order details you supplied.
- Colors on screen and on fabric can differ slightly; normal variation in color and print placement isn't a defect.
DISCLAIMER OF WARRANTIES. THE REPRINT OR CREDIT DESCRIBED IN THIS SECTION 6 IS YOUR SOLE AND EXCLUSIVE REMEDY FOR DEFECTIVE PRODUCTS. EXCEPT FOR THAT LIMITED REMEDY, ALL PRODUCTS, THE PLATFORM AND ALL SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," AND POD MFG DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
7. Shipping
- We ship to the address on the order and send tracking to your store. Delivery is by third-party carriers; we don't guarantee delivery dates or door-to-door delivery.
- Damage in transit. Items damaged in transit are reprinted and reshipped at our cost if you report it within 14 days of delivery with a photo of the item and packaging; we pursue the claim with the carrier.
- Title passes to you when we hand the package to the carrier. If tracking shows a package as delivered, any claim is with the carrier; we won't reprint or refund it.
- If tracking shows a package lost in transit, report it within 14 days after its estimated delivery date and we'll help with the carrier claim; replacements are at our discretion.
- We're not responsible for delays caused by carriers, customs, incorrect addresses, or delivery to P.O. boxes.
8. Customer data (data processing)
- Your customers' order details (name, shipping address and phone number when provided) belong to you. We process them only on your instructions, only to make and deliver your orders, and never sell them or use them for our own marketing.
- We protect them with reasonable security measures, share them only with production and shipping partners who need them for that purpose, and delete customer details from completed orders within 60 days.
- We'll tell you without undue delay if we become aware of a security incident affecting your customers' data, and help you respond to your customers' privacy requests.
- Our Privacy Policy describes this in more detail and forms part of these terms.
9. Confidentiality
Each of us will keep the other's non-public business information — pricing, designs before launch, sales data — confidential and use it only for this relationship.
10. Platform changes and availability
We're continually improving the platform and may change or remove features. We aim to keep it running reliably but don't guarantee it will be uninterrupted or error-free.
11. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW: (A) POD MFG, ITS OWNERS, EMPLOYEES AND PARTNERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOST SALES, LOST DATA OR LOSS OF GOODWILL, INCLUDING FROM PRODUCTION OR SHIPPING DELAYS OR FROM INTELLECTUAL-PROPERTY CLAIMS ARISING FROM CONTENT YOU SUPPLY, EVEN IF ADVISED OF THEIR POSSIBILITY; AND (B) POD MFG'S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS, THE PLATFORM OR ANY PRODUCT IS LIMITED TO THE AMOUNT YOU PAID US FOR THE SPECIFIC GOODS INVOLVED IN THAT CLAIM. These limits apply whatever the legal theory and are an essential part of our pricing. Nothing in these terms limits liability that cannot be limited by law.
12. Ending the relationship
You can stop at any time by disconnecting your store and closing your account; orders already in production will be completed and charged. We may suspend or close an account for unpaid charges or breach of these terms. Sections 3 (your customers), 4, 5, 5A, 6 (disclaimer), 8, 9, 11, 14, 15 and 17 continue after the relationship ends.
13. Changes to these terms
We may update these terms. When we do, we'll show the new version in your portal and ask you to accept it before you continue using the platform.
14. Governing law
These terms are governed by the laws of the State of Florida, without regard to its conflict-of-law rules, and by the Federal Arbitration Act. Subject to section 15, the state and federal courts located in Alachua County, Florida have exclusive jurisdiction, and you consent to their jurisdiction and venue.
15. Binding arbitration and class-action waiver
- Arbitration, not court. Any dispute, claim or controversy arising out of or relating to these terms, the platform, or any order or product (a "Dispute") will be resolved by final and binding arbitration, not in court.
- How it works. The arbitration will be administered by the American Arbitration Association under its Commercial Arbitration Rules, before a single arbitrator, held in Alachua County, Florida (or by video, if both sides agree). The arbitrator's decision is final, and judgment on it may be entered in any court with jurisdiction.
- Who decides. The arbitrator, not a court, decides all questions about whether a Dispute must be arbitrated, including the scope, validity and enforceability of this section.
- Costs. You will pay all filing, administrative and arbitrator fees of the arbitration, whichever party starts it. Each party pays its own attorneys' fees, except that the arbitrator may award reasonable attorneys' fees and costs to POD Mfg if it prevails. If an arbitrator or court finds this cost allocation unenforceable, the fees will instead be allocated under the AAA's rules, and the rest of this section still applies.
- No jury, no class actions. You and POD Mfg each waive the right to a jury trial and to bring or take part in any class, collective or representative action. Disputes are resolved only on an individual basis.
- Start with a conversation. Before starting arbitration, the party raising a Dispute must email the other a written description of it and allow 30 days to try to resolve it informally.
- Exceptions. Either party may bring an individual claim in small-claims court, or ask a court for urgent relief to stop misuse of its intellectual property or confidential information, while the Dispute is arbitrated.
- Time limit. Any Dispute you bring must be started within one (1) year after it arises, or it is permanently barred.
- If any part of this section is found unenforceable, the rest still applies; if the class-action waiver is found unenforceable, the affected claim proceeds in the courts located in Alachua County, Florida.
16. Events beyond our control
We aren't responsible for any delay or failure caused by events beyond our reasonable control, including fire, flood, storms, earthquakes, epidemics, war, terrorism, civil unrest, government action, strikes or labor disputes, supplier or material shortages, carrier failures, power or internet outages, or failures of third-party services such as Shopify or Stripe.
17. General
- Relationship. We're independent businesses. Nothing in these terms creates a partnership, joint venture, agency, franchise or employment relationship.
- Partners. We may use subcontractors and production, fulfillment and shipping partners to provide the services.
- Assignment. We may transfer this agreement, for example as part of a sale or reorganization of our business. In particular, AY Companies, LLC may assign this agreement to POD MFG. LLC once that company is formed, by notice to you (by email or in your portal); from then on, "POD Mfg", "we" and "us" mean POD MFG. LLC. You may not transfer this agreement without our written consent.
- Support access. To help you, our team may view your account and connected store data within the platform.
- Notices. We'll send notices by email to your account address or show them in your portal. Legal notices to POD Mfg must be sent by email to team@podmfg.com.
- Severability and waiver. If any part of these terms is unenforceable, the rest still applies. Not enforcing a right isn't a waiver of it.
- Entire agreement. These terms, our Privacy Policy, and any written order or quote we accept are the entire agreement between us about the services.