Terms of Service

1. Agreement to These Terms

These Terms of Service (the "Terms") are a binding agreement between you ("you," "your," or "User") and AMS Manufacturing & Printing, LLC, doing business as DesignGen ("DesignGen," "we," "us," or "our"). These Terms govern your access to and use of the DesignGen website, applications, browser extensions, application programming interfaces (APIs), Operator workspace, Creative Studio, Brand Studio, Brand Knowledge Base, design generation tools, fabrication ordering workflows, marketplace features, documentation, agent or automation features, and all related services (collectively, the "Service").

By creating an account, using the Service, uploading or generating Content, placing an order, or otherwise indicating acceptance (including by clicking a box stating that you agree to the Terms), you agree to be bound by these Terms. If you do not agree, do not use the Service.

If you are using the Service on behalf of a company, organization, school, agency, or other entity, then (a) "you" includes you and that entity, (b) you represent and warrant that you are authorized to bind that entity to these Terms, and (c) that entity and its Authorized Users are bound by these Terms.

2. Incorporated Policies and Additional Terms

These Terms incorporate and you agree to the following documents, each of which is part of this Agreement. Additional plan‑specific or feature‑specific terms may also apply and are incorporated when you enable or use those features. Collectively, these are the "Agreement":

• Privacy Policy (describes how we collect, use, share, sell, and protect data)
• Acceptable Use Policy (AUP) (lists prohibited content and conduct)
• Intellectual Property Complaint Policy / DMCA Policy
• Subscription & Billing Terms (plan tiers, renewals, rate changes, credits, storage limits)
• AMS Manufacturing & Printing Fulfillment Terms (apply to all physical goods ordered through the Service)
• Any Feature Addenda (for beta features, APIs, browser extensions, enterprise integrations, or custom data feeds)

If there is a conflict between these Terms and any incorporated policy, these Terms control unless the incorporated policy expressly states otherwise.

3. Eligibility; Children; U.S. Service

You must be at least 13 years old to create an account or use the Service. If you are under 18, you may use the Service only with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms on your behalf. We do not knowingly collect personal information from children under 13. If we learn that we have collected such information we will delete it.

The Service is directed to and intended for use by individuals and businesses located in the United States. We do not market the Service to, or intentionally collect data from, residents of the European Union, United Kingdom, or other jurisdictions with extra‑territorial data rules. If you access the Service from outside the United States you do so at your own initiative and risk, and you consent to the processing of your data in the United States.

Certain regulatory or export restrictions may apply to users in embargoed, sanctioned, or otherwise restricted territories. You represent that you are not prohibited from receiving U.S. exports.

4. Key Definitions

For clarity and maximum coverage, the following defined terms are used throughout the Agreement. Capitalized terms not defined here are defined where first used.

Account

means the registered profile you create to access the Service.

Affiliate

means any entity that controls, is controlled by, or is under common control with DesignGen.

Authorized User

means an individual who accesses the Service under your Account credentials or through your enterprise seat allocation. You are responsible for all actions of your Authorized Users.

Content

(broad umbrella) means collectively all material submitted to or generated through the Service, including User Inputs, Uploaded Material, Generated Output, Derivative Works, comments, metadata, Usage Signals, transaction data, profile information, and any associated names or likenesses.

User Input

means any prompts, text strings, instructions, parameters, style selections, color choices, settings, briefs, notebook edits, chat messages, brand attributes, tool approvals, API requests, or other directives you provide to the Service.

Uploaded Material

means any image, logo, photograph, artwork, vector file, document, PDF, web page, URL, font, color profile, video, audio file, brand asset, dataset, or other file or source that you upload, import, crawl, connect, link, or otherwise provide to the Service as a source or reference.

Generated Output

means any image, artwork, design file, layout, text, brand guideline, style system, palette, recommendation, brief, knowledge draft, video, API response, or other material produced by the Service (alone or in combination with your Uploaded Material).

User Content

means collectively your User Input, Uploaded Material, Generated Output, workspace state, conversation history, notes, notebooks, brand profiles, brand assets, brand knowledge materials, and any Derivative Works you create using them.

Derivative Work

means any modification, combination, collage, arrangement, remix, translation, vectorization, background removal result, upscale result, or other transformation of Content.

Platform Content

means the Service itself and all software, models, datasets, interfaces, documentation, templates, sample files, libraries, fonts, UI elements, training data, and other materials that we or our licensors own and provide.

Usage Data

means telemetry, analytics, logs, prompt statistics, click paths, feature usage, plan metrics, device information, performance data, tool traces, approval records, diagnostic events, job and queue metadata, attribution data, and similar operational or technical data generated by your use of the Service.

Aggregated Data

means data derived from Content and Usage Data that has been combined with data from other users and de‑identified so that it cannot reasonably be linked to an individual person or Account.

Personal Data

means information that identifies or can reasonably be linked to an identifiable natural person, as defined under applicable law (for California residents, see Privacy Policy).

Printed Product

means any physical good (DTF transfers, apparel, decals, UV DTF peel and stick items, hard goods, or other merchandise) produced through AMS Manufacturing & Printing or another Fulfillment Provider integrated into the Service.

Exclusive Fulfillment Window

means the period beginning at the timestamp when a Generated Output is first rendered and ending 48 hours later, during which DesignGen (through its Fulfillment Providers) has the exclusive right of first production for any Printed Product that substantially incorporates that Generated Output.

Immediate Termination

means access cessation within 0-60 seconds of triggering event, with no grace period, download window, or content access thereafter.

Tier-Locked

means features, models, or Credits that are permanently restricted to specific subscription tiers and cannot be accessed by purchasing Credits alone.

Complete Forfeiture

means total and permanent loss of access to all content, Credits, features, and licenses with no recovery method.

5. Ownership Framework

5.1 Your Underlying Rights

Subject to the license you grant below and to any rights in Platform Content or third‑party materials, you retain whatever intellectual property or other proprietary rights you lawfully hold in your User Content. DesignGen does not claim to be the original owner of your Uploaded Material or of any legally protectable human authored elements you contribute.

5.2 License Grant to DesignGen

You hereby grant to DesignGen and its Affiliates a perpetual, irrevocable, worldwide, non‑exclusive, royalty‑free, fully paid, transferable, sub‑licensable license to host, store, cache, index, use, reproduce, copy, process, adapt, modify, edit, translate, reformat, train on, analyze, create derivative works from, publicly display, publicly perform, distribute, license, sell, commercialize, and otherwise exploit, in any media now known or later developed, all User Content, including any name, username, likeness, brand marks, or metadata submitted in connection with such User Content. This license survives termination of your Account and of this Agreement for any reason.

This license expressly covers content and data submitted to or generated through Operator, Creative Studio, Brand Studio, the Brand Knowledge Base, documentation, APIs, agent or automation features, support workflows, and any successor or related features.

You understand and agree that DesignGen may:

• Ingest, scrape, crawl, parse, extract, chunk, transcribe, classify, embed, index, search, retrieve, summarize, translate, and otherwise process User Content and source materials you submit or connect to the Service.
• Use User Content to operate, maintain, secure, and improve the Service and our AI models.
• Use User Content and Usage Data to understand users, personalize experiences, improve prompts, generation quality, retrieval accuracy, recommendations, onboarding, ranking, automation behavior, safety systems, and overall platform performance.
• Use User Content in marketing, demonstrations, case studies, training materials, and product showcases.
• Use User Content, Usage Data, traces, feedback, approvals, and error diagnostics to train, fine tune, distill, benchmark, evaluate, and otherwise improve our models, agents, algorithms, datasets, embeddings, indices, and related systems.
• Include User Content in datasets that are sold, licensed, syndicated, or otherwise made available to third parties (subject to applicable privacy law and the Privacy Policy).
• Combine User Content with other data to create Aggregated Data that we own and may commercialize without restriction.
• Retain archival copies of User Content even if you delete it from your Account, to meet legal, compliance, backup, or business continuity requirements.

You waive, to the fullest extent permitted by law, any moral rights (including rights of attribution or integrity) you may have in User Content as against DesignGen and its sublicensees.

5.3 Assignment Fallback for Non‑U.S. or Unclear Rights

To the extent any jurisdiction does not recognize the above license or to the extent you are deemed to hold any rights that would limit our exercise of the license, you hereby assign to DesignGen all such rights, title, and interest in and to the User Content, including any copyrights or equivalent rights, and agree to execute additional documents on request to effectuate that assignment. Where an assignment is not permitted, you grant an exclusive license for the maximum duration allowed by law.

5.4 No Confidentiality; Public Display

Unless your subscription tier expressly includes a Private or Stealth feature and you have enabled it before generation or upload, User Content is not confidential. We may publicly display or showcase User Content (including in galleries, feeds, training datasets, or marketing). This includes prompts, chats, briefs, brand guidelines, brand knowledge materials, uploaded source files, connected URLs, and outputs. Do not upload, ingest, or generate anything you wish to keep secret unless you are on a plan that provides Private Generation and you have enabled it.

5.5 Name, Likeness, and Publicity Release

To the extent permitted by law, you grant us permission to use and display (and to allow others to use and display) any name, username, avatar, likeness, logo, or brand mark you provide in connection with User Content, for identification, attribution, marketing, and promotional purposes, without compensation.

5.6 No Guaranteed Retention; No Archival Service

• We are NOT a storage or archival service
• We make NO guarantee of content retention
• Content may be deleted at any time without notice
• You are solely responsible for maintaining local copies
• Downgrading or non-payment may trigger immediate deletion
• We have no liability for lost or deleted content

6. License Rights Granted Back to You by Plan Tier

Your ability to download, use, reproduce, and commercialize Generated Output depends on your subscription tier at the time the output is created. The table below summarizes rights. Detailed tier terms are in the Subscription & Billing Terms.

All rights you receive are non‑exclusive and subject to your compliance with the Agreement and with third‑party IP rights. We do not grant you any rights in Platform Content except as necessary to use the Service.

7. Exclusive Fulfillment Window (Right of First Production)

DesignGen is a manufacturing‑first platform that can turn designs into physical goods quickly. To protect that capability, the following rule applies to all Generated Output and any Derivative Work that substantially incorporates it.

During the 48 hour Exclusive Fulfillment Window after generation, you agree:

1. You will not submit the design (or a substantially similar version) to any third‑party printer, fabricator, or manufacturer for production.
2. If you want production during the Window, you must place the order through the Service.
3. If you need release during the Window for urgent external manufacturing, you may request a Release Token. Fees may apply and we may decline in our discretion.

Violation of the Exclusive Fulfillment Window is a material breach that may result in order cancellation, account suspension, tier downgrade, forfeiture of credits, and any other remedy available in equity or at law.

After the Window expires, you may manufacture elsewhere in accordance with your plan tier rights and subject to third‑party IP law.

8. Data Collection, Use, Sharing, and Monetization

We collect and process several categories of data when you use the Service. Details are in the Privacy Policy, which is incorporated. Key points appear below for convenience.

8.1 Usage Data

We collect Usage Data to operate, secure, and improve the Service, to monitor abuse, to understand feature adoption, and to develop new products. This includes activity across Operator, Creative Studio, Brand Studio, the Brand Knowledge Base, marketplace, checkout, APIs, documentation, and marketing surfaces. We may use Usage Data for analytics, benchmarking, model training, pricing optimization, advertising measurement, and commercial data products.

8.2 Aggregated and De‑identified Data

We may aggregate and de‑identify data across users to create statistical summaries, trend reports, style indices, and other analytic products. We own Aggregated Data and may use, share, license, or sell it without restriction because it cannot reasonably be linked to an individual person.

8.3 Personal Data; Notice of Collection (California)

If data we collect is or becomes Personal Data, we handle it as described in the Privacy Policy. For California residents, we provide a Notice at Collection describing the categories of Personal Information we collect, the purposes for which we use it, and whether we sell or share it for cross‑context behavioral advertising. You have the right to opt out of sale or sharing of Personal Information, to request access or deletion, and to designate an authorized agent. Links to exercise these rights are provided in the Service and in the Privacy Policy.

8.4 Data Sales and Sublicensing

Because you grant us a broad sub‑licensable license in User Content, we may license or sell datasets (or access to datasets) that include User Content, Usage Data, or Aggregated Data to third parties, subject to applicable privacy law and any opt outs you exercise. Data licensed to third parties may be used for analytics, product development, market research, model training, creative marketplaces, and other lawful purposes. Once transferred, we cannot always recall data previously provided to a third party.

8.5 AI Training and Model Improvement

Unless your plan tier offers and you enable a training opt out, we may use User Content and Usage Data to train, fine tune, distill, benchmark, and evaluate our machine learning and generative models, and to support the development of new models, agents, prompts, filters, embeddings, retrieval systems, ranking systems, classifiers, and safety systems.

8.6 Data Retention and Deletion

We may retain User Content and Personal Data for as long as necessary to provide the Service, fulfill orders, comply with law, resolve disputes, enforce our agreements, and support business continuity. This may include retaining logs, traces, extracted text, embeddings, indices, evaluation sets, backups, and trained or fine tuned systems derived from User Content or Usage Data to the extent permitted by law. Deleting an item from your workspace does not guarantee that all copies are removed from our systems. See the Privacy Policy for data subject request procedures.

9. Your Responsibilities; Representations and Warranties

You are solely responsible for your Account and for all User Content created, uploaded, ordered, or otherwise handled through the Service. By using the Service you represent and warrant that:

• You have all rights, licenses, consents, and permissions needed to submit User Input and Uploaded Material and to use, reproduce, print, distribute, sell, or otherwise exploit any Generated Output.
• Your use of the Service and your User Content do not and will not infringe, misappropriate, or violate any copyright, trademark, patent, trade secret, right of publicity, right of privacy, or other intellectual property or proprietary right of any person or entity.
• You will comply with all applicable laws, rules, and regulations, including consumer protection, labeling, and export laws related to physical products you sell.
• You will comply with the Acceptable Use Policy and will not engage in Prohibited Conduct.

You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your Account. Notify us immediately of any unauthorized use.

10. Prohibited Conduct (Summary)

The Acceptable Use Policy provides the full list. The following are not allowed:

• Uploading or generating content you do not have the right to use.
• Infringing or counterfeit designs, logos, or characters owned by others (for example Disney, major sports leagues, brand marks) unless you are licensed.
• Illegal, abusive, harassing, hateful, or discriminatory content.
• Sexual content involving minors or content that exploits or endangers children.
• Extremely violent or gory content intended to shock.
• Malware, phishing, or attempts to gain unauthorized access to systems.
• Scraping, harvesting, or automated bulk access without our written consent.
• Reverse engineering, decompiling, or attempting to extract weights, datasets, or source code.
• Using the Service to train a competing AI model unless expressly permitted in a written enterprise agreement.
• Circumventing usage caps, credit systems, or billing.
• Violating the Exclusive Fulfillment Window.
• Circumventing tier restrictions or Credit limitations.
• Attempting to use Credits from lower tiers for higher-tier features.
• Sharing accounts to avoid subscription fees.
• Any attempt to exploit refund policies or payment systems.
• Recording, scraping, or saving content before cancellation to circumvent access loss.

We may remove, block, or filter User Content and may suspend or terminate Accounts that violate these rules.

11. Community, Collaboration, and Public Sharing

Some areas of the Service allow you to publish designs to a community gallery, collaborate with others, remix public assets, comment, or participate in challenges. Anything you make public may be viewed, used, or remixed by others under the open license terms displayed in that area, which may be broader than your default plan tier license. Think before you publish. We are not responsible for how other users use public items.

12. Subscription Plans; Credits; Drafts; Storage; Billing

12.1 Plans and Automatic Renewal

DesignGen offers Free, and paid plans. Plan features, usage caps, prices, and included rights are described in the Subscription & Billing Terms within the Service. Paid subscriptions renew automatically at the end of each billing cycle unless you cancel before renewal. By subscribing you authorize us to charge your payment method on a recurring basis.

12.2 Credits, Drafts, and Metered Usage

Certain requests (for example Standard, Premium, Ultra, Ultra Max image generations; background removal; vectorization; upscaling) consume Credits or Draft allowances. The number of Credits deducted per request depends on the request class, as stated in the Service. Credits expire as stated in the plan. Unused monthly allowances do not roll over unless we say otherwise.

12.3 Overages and Plan Changes

If you exceed your plan limits we may: (a) block additional usage, (b) charge overage fees at the rate shown in the Service, or (c) upgrade you automatically after notice. You may upgrade or downgrade at any time; changes take effect immediately unless otherwise stated.

12.4 Storage Limits

Each plan includes a storage allocation that may not be visible to end users. If your stored data exceeds your allocation we may prompt you to delete items, archive data, or upgrade. We may archive or delete older items without notice if you remain over limit.

12.5 Taxes

Fees are exclusive of taxes. You are responsible for any sales, use, VAT, GST, or similar taxes associated with your purchases unless we collect them at checkout. Provide valid resale or exemption certificates where applicable; otherwise we will not credit taxes retroactively except where required by law.

12.6 No Refunds; Immediate Termination; Loss of Access

CRITICAL: ALL FEES ARE STRICTLY NON-REFUNDABLE. THIS INCLUDES:

• All subscription fees (monthly, annual, or any billing cycle)
• All credit purchases
• All processing fees
• All product orders (except as required by law for defective physical goods)
• Any and all other charges

By subscribing or purchasing, you expressly acknowledge and agree that:

This strict no-refund policy is a material term that allows us to offer our pricing. By using the Service, you waive any statutory rights to refunds except where prohibited by law.

12.7 Credit Usage Limitations by Plan Tier

Credits are tier-specific and non-transferable between service levels:

12.8 Payment Authorization and Irrevocable Commitment

By providing payment information and subscribing, you:

• Irrevocably Authorize all charges for the full subscription term
• Waive any right to dispute charges except for unauthorized use
• Acknowledge that subscription purchases are final sale commitments
• Cannot claim "buyer's remorse" or "change of mind" as grounds for refund
• Agree that non-use does not entitle you to any refund
• Understand that business changes, feature modifications, or personal circumstances provide no refund basis

13. Orders for Printed Products; Fulfillment; Shipping; Risk of Loss

DesignGen routes production through AMS Manufacturing & Printing and other approved Fulfillment Providers. All orders for Printed Products are subject to the AMS Manufacturing & Printing Fulfillment Terms, which are incorporated. Key points appear below for convenience; the Fulfillment Terms control where different.

13.1 Order Review; Right to Refuse

We may review designs before production. We may refuse, cancel, or hold any order that we believe violates the Agreement, infringes third‑party rights, appears unsafe for production, or is technically unprintable. If we cancel before production we will refund the product charge; Credits consumed for generation are not refunded.

13.2 Color and Scale Variation

Printed colors may vary from on‑screen previews due to device calibration, material differences, and production processes. Scale may vary within reasonable manufacturing tolerances. These variations are not defects.

13.3 Shipping; Transfer of Risk

Risk of loss passes to you when a carrier scans the shipment into its system. We are not responsible for delays, damage, or loss in transit once a carrier has possession. Where possible we will assist you with carrier claims. If AMS caused the damage before tender to carrier, our sole obligation is reprint or refund at our option.

13.4 Returns; Reprints; Quality Issues

See Fulfillment Terms for detailed return and reprint policy. Many issues are resolved by reprinting the affected portion of the order. To qualify you must notify us within the claim window stated in the Fulfillment Terms and provide required evidence (photos, batch labels, order numbers).

14. AI Output Disclaimers; Non‑Uniqueness; User Review Required

Generative systems can produce similar or identical results for different users who enter similar prompts. We do not guarantee originality, uniqueness, or exclusivity of any Generated Output unless expressly stated in a signed enterprise addendum. You are responsible for reviewing all outputs before commercial use and for conducting any necessary clearance (for example trademark searches) before selling products. Outputs may contain errors, artifacts, or unintended references to existing works. Use at your own risk.

The Service is not intended to provide professional advice. Do not rely on any output for legal, financial, medical, safety, or other professional decisions without independent verification.

15. Intellectual Property Complaints; DMCA Policy

We respect intellectual property rights and expect you to do the same. If you believe Content hosted on the Service infringes your copyright, you may submit a notice pursuant to the Digital Millennium Copyright Act (17 U.S.C. §512). Our DMCA Agent contact information and submission instructions are provided in the Intellectual Property Complaint Policy in the Service. Your notice must include the statutory elements. We may remove or disable access to the material upon receipt of a valid notice and will notify the affected user. If we receive a valid counter‑notification we may restore the material unless the complaining party files an action seeking a court order.

We also accept trademark complaints. Provide sufficient information to identify the mark, your rights in it, the infringing material, and your contact information. We may remove or disable access at our discretion.

We maintain a repeat infringer policy. Accounts with repeated or egregious violations may be terminated.

16. Platform Intellectual Property; Limited License to Use the Service

The Service, Platform Content, and all related intellectual property are owned by DesignGen or our licensors and are protected by copyright, trademark, patent, trade secret, and other laws. Subject to your compliance with the Agreement, we grant you a limited, non‑exclusive, non‑transferable, revocable license to access and use the Service solely for its intended purpose during the term of your Account. Except for this limited license, no rights are granted. You may not copy, modify, distribute, sell, lease, or reverse engineer any part of the Service except as expressly permitted.

DESIGNGEN, AMS TRANSFERS, AMS MANUFACTURING & PRINTING, and associated logos are our trademarks. You may not use our marks without prior written permission.

17. Feedback

If you send us suggestions, comments, bug reports, feature requests, or other feedback, you agree that we may use, disclose, reproduce, license, distribute, and exploit that feedback without restriction or compensation to you. Feedback is not confidential.

18. Disclaimer of Warranties

THE SERVICE, PLATFORM CONTENT, USER CONTENT DISPLAYED BY OTHERS, AND ALL PRINTED PRODUCTS (EXCEPT AS EXPRESSLY STATED IN A WRITTEN WARRANTY OR REPRINT POLICY) ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON‑INFRINGEMENT, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR FREE, SECURE, OR THAT DEFECTS WILL BE CORRECTED. WE DO NOT WARRANT ANY OUTPUT OR RESULT OBTAINED THROUGH THE SERVICE.

WE EXPLICITLY DISCLAIM ANY WARRANTY OR REPRESENTATION THAT:

• Content will remain accessible after cancellation
• Credits can be used across all features or tiers
• Subscriptions can be refunded for any reason
• Generated content will be stored or archived
• Cancellation includes any grace period or transition time

Some jurisdictions do not allow the exclusion of implied warranties, so some of the above may not apply to you. In such cases the scope of any implied warranty is limited to the minimum extent required by law.

19. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, DESIGNGEN, ITS AFFILIATES, LICENSORS, SUPPLIERS, AND THEIR RESPECTIVE OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THE SERVICE, USER CONTENT, PRINTED PRODUCTS, OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE, USER CONTENT, PRINTED PRODUCTS, OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO DESIGNGEN FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 6 MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (B) FIFTY U.S. DOLLARS (US $50). IF YOU RECEIVED THE SERVICE FOR FREE OUR TOTAL LIABILITY IS LIMITED TO FIFTY U.S. DOLLARS (US $50).

The above limitations are fundamental elements of the basis of the bargain between you and us and apply to all theories of liability, whether contract, tort (including negligence), strict liability, warranty, or otherwise.

Some jurisdictions do not allow certain limitations or exclusions of liability, so some of the above may not apply to you.

20. Indemnification

You agree to defend, indemnify, and hold harmless DesignGen, its Affiliates, Fulfillment Providers, licensors, and their respective owners, directors, officers, employees, and agents from and against any and all claims, demands, actions, investigations, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your User Content; (b) your use of the Service or Printed Products; (c) your breach of the Agreement; (d) your violation of any law or third‑party right (including intellectual property, publicity, privacy, or consumer rights); (e) any dispute between you and your customers, resellers, end users, or other third parties; or (f) your use of the Service to manufacture or sell goods. We may assume exclusive defense and control of any matter subject to indemnification; you agree to cooperate with us.

21. Dispute Resolution; Binding Arbitration; Class Action Waiver

Please read this section carefully. It affects your legal rights.

21.1 Informal Resolution First

Before filing any claim, you agree to contact us and attempt to resolve the dispute informally. Provide a written description of the dispute and your proposed resolution. We will attempt to resolve within 30 days.

21.2 Binding Arbitration

If we cannot resolve informally, you and DesignGen agree that any dispute, claim, or controversy arising out of or relating to the Service or this Agreement will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules (or Consumer Rules if applicable). The Federal Arbitration Act governs the interpretation and enforcement of this provision. Arbitration will be conducted in Harris County, Texas, unless we mutually agree to remote proceedings.

The arbitrator has exclusive authority to resolve disputes relating to interpretation, applicability, enforceability, or formation of this arbitration agreement.

21.3 No Class or Representative Actions

You and DesignGen agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, representative, or private attorney general action. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to resolve that party's individual claim.

21.4 Small Claims Court Option

Either party may bring an individual action in a court of competent jurisdiction in Harris County, Texas, for claims that are within the scope of that court's small claims jurisdiction, instead of arbitration.

21.5 Opt Out

You may opt out of arbitration by sending a written opt out notice within 30 days after the date you first agree to these Terms. The notice must identify your Account and state that you wish to opt out of arbitration. Opting out does not affect other provisions of the Terms.

If this arbitration agreement is found unenforceable for a particular claim, then that claim will proceed in the state or federal courts located in Harris County, Texas, and you consent to their jurisdiction.

22. Time Limit to Bring Claims

Any claim or cause of action arising out of or related to the Service, Printed Products, or this Agreement must be filed within one year after the claim accrues. Otherwise the claim is permanently barred. This does not apply where a longer period is required by applicable law.

23. Suspension; Termination; Content Forfeiture

23.1 Our Termination Rights

We may suspend or terminate your Account instantly, without notice, for any or no reason, including but not limited to:

• Violation of any Agreement term
• Non-payment or payment failure
• Suspected fraud or abuse
• Inactivity
• Legal compliance
• Our sole discretion

23.2 Immediate Consequences of Termination/Cancellation

Upon ANY termination, cancellation, or downgrade (whether by you or us):

23.3 Your Cancellation

You may cancel, but:

• Cancellation is IMMEDIATE with no grace period
• No refunds under any circumstances
• You lose everything instantly
• Cancellation cannot be reversed
• Re-subscribing starts fresh with no prior content access

23.4 Survival of Our Rights

Our licenses to your User Content under Section 5 survive termination and continue perpetually. We may continue to use, display, and commercialize User Content regardless of account status. Sections that by nature should survive (including Sections 2, 5, 7, 8, 14 through 22, and 24 through 28) will survive.

24. Changes to the Service and to These Terms

We may update the Service and the Agreement from time to time. When we make material changes to the Terms we will post the updated version in the Service and update the Effective Date. We may also send notice by email or in‑product message. Changes take effect on the posted Effective Date. By continuing to use the Service after changes become effective you accept the revised Terms. If you do not agree, stop using the Service. For material adverse changes to paid plans we may provide a pro rata refund if you cancel within 30 days after notice. Material changes include changes to how we collect, use, train on, share, commercialize, or retain User Content, Personal Data, Usage Data, or tracking data.

25. Assignment

We may assign, transfer, or delegate any of our rights and obligations under the Agreement, in whole or in part, without notice, including in connection with a merger, acquisition, corporate reorganization, or sale of assets. Your licenses to us travel with any such transaction. You may not assign or transfer the Agreement or your Account without our prior written consent, and any attempted assignment by you is void.

26. Export; Sanctions; Government Use

You agree to comply with all U.S. export control and sanctions laws. You represent that you are not located in, and will not access or use the Service from, any embargoed or sanctioned country or region and that you are not on any U.S. government restricted party list.

If you are a U.S. Government end user, the Service and documentation are "Commercial Items" as that term is defined at 48 C.F.R. 2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation." Use is subject to these Terms consistent with 48 C.F.R. 12.212 or 48 C.F.R. 227.7202, as applicable.

27. Notices; Contact Information

Official notices to DesignGen must be sent in writing to the address provided in the Service (Attn: Legal). We may provide notices to you by email to the address associated with your Account, by in‑product message, or by posting within the Service.

For DMCA notices see Section 15 and the Intellectual Property Complaint Policy. For California privacy rights contact Alex@amsmanufacturing.com and include "California Privacy Request" in the subject line.

27.5 Explicit Acknowledgment Required

By subscribing or purchasing Credits, you acknowledge that you have:

• Read and understood the no-refund policy
• Understood that cancellation means immediate total loss of access
• Accepted that Credits are tier-locked
• Waived any contrary expectations or assumptions
• Agreed that these terms override any conflicting statements by support staff

28. Miscellaneous

Severability. If any provision of the Agreement is held invalid or unenforceable, the remaining provisions remain in full force and effect, and the invalid provision will be enforced to the maximum extent permissible.

No Waiver. Our failure to enforce any provision is not a waiver of our right to enforce it later.

No Third‑Party Beneficiaries. The Agreement is solely between you and DesignGen. No third party (including your customers) has rights under it.

Headings. Headings are for convenience only and have no legal effect.

Interpretation. The Agreement will not be construed against the drafter.

Force Majeure. We are not liable for failure or delay due to events beyond our reasonable control, including natural disasters, labor disputes, internet failures, power outages, or acts of government.

Appendix A: Plan Tier License Details (Informational)

This appendix summarizes standard defaults. The Subscription & Billing Terms control if different.

Free Plan

• All generations public and discoverable.
• Non‑commercial personal use only.
• Must order prints through DesignGen during Exclusive Fulfillment Window.
• After Window you may download for personal use; commercial upgrade required for resale.
• Attribution to DesignGen required where feasible when sharing online.

Hobbyist Plan

• Includes monthly Credit allowance.
• Limited commercial runs up to stated annual revenue or unit cap.
• Private generation available per item fee.
• Attribution recommended but not required.

Creator Plan

• Unlimited Drafts; large Credit bundle.
• Broad commercial rights for resale across channels.
• Private generation included within fair use boundaries.
• API access and batch tools optional add ons.
• No attribution requirement.

Enterprise / Custom

• Negotiated license scope (for example exclusive image bands, internal‑only use, data feed rights, white label).
• Service level commitments and data residency options by agreement.

Appendix B: DMCA Notice Requirements (Informational)

A valid DMCA Takedown Notice must include:

1. Signature of copyright owner or authorized agent.
2. Identification of the copyrighted work claimed to be infringed.
3. Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate it.
4. Contact information for the complaining party.
5. A statement of good faith belief that use is not authorized.
6. A statement, under penalty of perjury, that the information in the notice is accurate and you are authorized to act.

Counter‑Notice requirements are provided in the Intellectual Property Complaint Policy.

Appendix C: California Consumer Rights Notice (Informational)

California residents are entitled to the following disclosures. We collect identifiers (for example account name, email), commercial information (orders), internet or electronic activity (usage logs), and inferences drawn from usage. We may sell or share identifiers and usage metrics with analytics and advertising partners as described in the Privacy Policy. You may opt out of sale or sharing at any time through the Do Not Sell or Share link in the Service. We do not knowingly sell Personal Information of users under 16.