These Terms & Conditions ("Terms") govern the online custom printing, artwork, ordering, fulfillment, and related services provided or arranged by SameDayCustom, LLC, located at 102 Mall Circle Dr, Monroeville, PA 15146 ("SameDayCustom," "Company," "we," "us," or "our"). Our approved Print Providers, carriers, contractors, and service providers are generally independent businesses and are not automatically parties to this agreement. "Customer," "you," and "your" refer to the individual or legally represented entity using our Services.

These Terms become binding when you affirmatively accept them during checkout or another clearly presented process, or when they are otherwise enforceably accepted under applicable law. When you place an Order, approve a quote or proof, or authorize work through Sales or support, the terms applicable to that transaction may also become binding. Review these Terms, the Return & Refund Policy, and any order-specific disclosures before confirming purchase. The Privacy Policy and California Privacy Notice describe data practices and separate rights.

If you do not agree to these Terms, you may not access or use the Website, Application, design studio, checkout, customer support channels, sales channels, or Services.

IMPORTANT: Sections 13, 18, 21, 26–28, and 32 address customer-content licenses, cancellation and refunds, warranty disclaimers, liability limits, indemnification, dispute resolution, class-action limitations, and Pennsylvania law. These provisions apply only to the extent enforceable. No provision waives a right that law makes nonwaivable.

1. Definitions

1.1. Account means a unique account created by or for a Customer on the Website, Application, design studio, or related platform to access all or part of the Services.

1.2. Affiliate means any person, company, corporation, or other entity that controls, is controlled by, or is under common control with SameDayCustom.

1.3. Application means any mobile application, web application, software, plugin, integration, or electronic tool owned, operated, licensed, or used by SameDayCustom to provide the Services.

1.4. Artwork means any design, file, logo, text, image, graphic, photograph, illustration, trademark, copyrightable work, design element, mockup, instructions, customer-uploaded file, or other content submitted, uploaded, provided, edited, approved, or used by or on behalf of the Customer.

1.5. Content means any text, image, graphic, photograph, artwork, design, data, file, message, review, photo, logo, trademark, copyrightable material, instruction, feedback, or other material posted, uploaded, edited, displayed, submitted, approved, or transmitted by or on behalf of the Customer through the Website, Application, design studio, customer support channels, sales team, or Services.

1.6. Customer means any individual, business, organization, entity, representative, agent, employee, contractor, or other person who browses, accesses, orders from, communicates with, or uses the Services.

1.7. Goods means custom products, decorated products, printed products, blank products when offered, apparel, accessories, promotional items, or other products offered, sold, printed, decorated, fulfilled, shipped, delivered, or otherwise made available through the Services.

1.8. Order means a request, purchase, quote approval, invoice payment, checkout submission, sales-assisted purchase, support-assisted purchase, design-studio submission, or other transaction submitted by or on behalf of the Customer for Goods or Services.

1.9. Production means any stage of processing an Order after SameDayCustom or a Print Provider begins operational work for the Order, including vendor assignment, print-provider acceptance, product sourcing, procurement, inventory allocation, artwork preparation, proof preparation, file setup, printing, decoration, fulfillment, packaging, courier dispatch, carrier handoff, shipping, or other irreversible order-related work.

1.10. Print Provider means any approved third-party production, printing, decoration, embroidery, fulfillment, warehousing, logistics, delivery, shipping, courier, technology, or related partner or facility through which the Services are produced, fulfilled, shipped, delivered, or otherwise completed.

1.11. Services means any offerings provided, arranged, facilitated, or made available by SameDayCustom through the Website, Application, design studio, customer support channels, sales team, third-party platforms, Print Providers, fulfillment partners, logistics partners, payment processors, technology providers, or other service providers.

1.12. Website means any website, electronic platform, domain, subdomain, plugin, checkout page, landing page, design studio, or related online property owned, operated, licensed, or used by SameDayCustom.

1.13. References to a “Party” or the “Parties” include their respective successors, permitted assignees, estates, and legal representatives.

1.14. Unless the context requires otherwise, words in the singular include the plural and vice versa; references to any gender include all genders; references to persons include individuals, companies, partnerships, associations, corporations, and other entities; and references to “including” mean “including without limitation.”

1.15. Unless otherwise stated, references to “days” mean calendar days, and dates/times are determined by the applicable location, production facility, carrier, delivery route, checkout display, or Company system used for the Order.

2. Eligibility, Authority, and Customer Accounts

2.1. You must be at least eighteen (18) years old and legally able to enter into a binding agreement to use the Services or place an Order. SameDayCustom does not knowingly permit individuals under eighteen (18) to use the Services. If you provide false age-related information, SameDayCustom is not responsible for resulting consequences, losses, or damages.

2.2. If you use the Services or place an Order on behalf of a business, organization, school, team, company, government entity, club, nonprofit, or other entity, you represent and warrant that you have authority to bind that entity to these Terms.

2.3. SameDayCustom may require you to create an Account to access or use certain Services. You may maintain only one Account unless SameDayCustom approves otherwise in writing.

2.4. You must provide complete, accurate, current, and lawful information when creating an Account, placing an Order, requesting a quote, communicating with support, uploading Artwork, approving a proof, or using the Services.

2.5. You are responsible for maintaining accurate Account information and for activity you authorize or that is attributable to your failure to take reasonable precautions with your credentials or devices, to the extent permitted by applicable law. The fact that another person knows or enters your email address through the separately operated saved-design retrieval feature does not itself mean that you authorized that person or are responsible for that person’s acts.

2.6. You must take reasonable precautions to protect your Account credentials, one-time passcodes, recovery links, devices, and contact information, and promptly notify SameDayCustom if you suspect unauthorized access to your Account, designs, or other information. Different website functions may employ different access procedures, as explained in Sections 2.11–2.16 and our Privacy Policy.

2.7. You may not use a username, business name, domain, trademark, or identity that belongs to another person or entity, infringes another party’s rights, impersonates another party, or is offensive, misleading, vulgar, unlawful, or inappropriate.

2.8. SameDayCustom may reject, suspend, restrict, terminate, or limit any Account or access to any Service, feature, quote, or Order at any time, with or without notice, where SameDayCustom determines, in its sole discretion, that such action is appropriate due to fraud, abuse, harassment, suspicious activity, chargebacks, policy violations, operational risk, legal risk, security risk, or breach of these Terms.

2.9. If SameDayCustom previously suspended, terminated, restricted, or removed your Account or access, you may not create another Account or use the Services without SameDayCustom’s written permission.

2.10. Certain Services, regions, features, platforms, payment methods, delivery methods, products, sales channels, or third-party integrations may be subject to additional terms, policies, requirements, or guidelines. If there is a conflict between these Terms and more specific terms applicable to a particular Service or feature, the more specific terms control unless stated otherwise.

2.11. Saved-design retrieval operates separately from customer Account sign-in. At present, entering an email address associated with saved designs can allow a person to view designs stored under that address without signing into an Account, receiving an emailed verification link, proving control of the email inbox, or completing the one-time password (OTP) verification required for Account login. A person who knows or enters someone else’s email address may therefore be able to view that other person’s saved designs. Please consider this feature behavior before uploading or saving Artwork.

2.12. Saved designs may include photographs, logos, names, text, corporate artwork, confidential material, or personal information voluntarily included by a Customer. Do not use saved-design retrieval as a confidential file vault. You should not upload particularly sensitive personal information, proprietary unreleased Artwork, private photographs, health records, identification documents, or financial information unless needed and after considering the visibility described above.

2.13. The ability to view a design through an email-based retrieval feature does not grant the viewer ownership, an IP license, authorization to use, copy, edit, download, disclose, distribute, or place an Order using another person’s Artwork. You agree not to search for or view other people’s saved designs using their email addresses without their authorization, and not to exploit, scrape, share, or misuse any design or data obtained through the feature.

2.14. SameDayCustom and authorized employees, designers, contractors, Print Providers, logistics providers, technology providers, and professional advisers may process or access designs as reasonably necessary for design assistance, fulfillment, reprints, quality control, support, fraud prevention, disputes, legal compliance, and other purposes described in the Privacy Policy. Such operational access is separate from the customer-facing email-based retrieval mechanism.

2.15. If you believe a saved design was viewed, copied, changed, used, or disclosed without permission, or wish to request assistance with its removal, please contact info@samedaycustom.com with the affected email/design reference and relevant details. We may verify identity before disclosing information or carrying out a privacy-rights request, and may retain records as permitted or required by law. Mere knowledge of an email address is not proof of authority to submit a privacy request on another person’s behalf.

2.16. The disclosures in this Section describe known functionality and customer-use restrictions; they do not imply that unauthorized access is permitted, shift SameDayCustom’s nonwaivable legal security responsibilities to Customers, or eliminate statutory privacy or consumer rights. The general Privacy Policy and California Privacy Notice provide additional details.

3. Agreement Updates and Policy Changes

3.1. SameDayCustom may revise these Terms and its policies from time to time for future use of the Services, including to address changes in products, operations, legal requirements, security, and service-provider arrangements. A change will not retroactively remove rights that cannot lawfully be removed, and material changes will be subject to any required notice or consent.

3.2. Unless stated otherwise or required by law, updated Terms become effective for new orders or subsequent use after posting or other appropriate notice. Terms in effect when an Order is placed ordinarily govern that Order, subject to any agreed order-specific changes and mandatory law.

3.3. You should review the Terms before placing a new Order. Where legally required or commercially appropriate, we may provide additional notice of material changes through the Website, checkout, email, or another reasonable channel.

3.4. Your continued use following legally sufficient notice may constitute acceptance of updated Terms where permitted by law. When express assent is required, we will request it; silent browsing alone is not intended to substitute for legally required assent.

3.5. If you do not accept the updated Terms or policies, you must stop using the Services and may not place additional Orders.

4. Nature of the Services and Marketplace Fulfillment Model

4.1. SameDayCustom is a technology-enabled custom printing and fulfillment marketplace. SameDayCustom accepts Orders through the Website, design studio, checkout, customer support channels, sales team, quote process, invoices, messages, third-party integrations, and other channels.

4.2. SameDayCustom provides, arranges, facilitates, or manages custom printing and fulfillment through a network of third-party Print Providers, fulfillment centers, shipping carriers, local delivery providers, couriers, payment processors, technology providers, and other service providers.

4.3. SameDayCustom may not itself maintain inventory, physically print every Order, ship every Order, deliver every Order, or control every operational action of every third-party provider.

4.4. SameDayCustom may route or reroute any Order to any approved Print Provider, fulfillment center, printing facility, vendor, courier, carrier, logistics provider, or technology provider selected by SameDayCustom at its sole discretion.

4.5. Customers are not guaranteed a specific store, vendor, Print Provider, production facility, city, state, country, region, printing method, equipment type, carrier, courier, route, or delivery method unless SameDayCustom expressly agrees in writing.

4.6. SameDayCustom is not required to disclose, maintain, or use any specific fulfillment location, production location, vendor, or route for any Order, except where required by law.

4.7. Routing and rerouting decisions may be based on product availability, vendor capacity, print method, Artwork specifications, quality requirements, operating hours, weather, distance, delivery method, courier availability, carrier availability, production timelines, order volume, cost, risk, customer responsiveness, or other operational considerations.

4.8. SameDayCustom may change the Print Provider, production location, fulfillment location, delivery method, shipping method, carrier, courier, route, or related operational plan at any time when SameDayCustom determines that doing so is necessary or appropriate.

4.9. All invoices, receipts, tax documents, billing records, customer-facing order records, and customer service communications may be issued by SameDayCustom, regardless of the Print Provider, facility, carrier, courier, or service provider used.

5. Order Acceptance and SameDayCustom Discretion

5.1. Submission of an Order, payment, quote approval, invoice payment, upload, mockup approval, or checkout completion does not require SameDayCustom to accept, produce, fulfill, ship, deliver, or complete the Order.

5.2. An Order is not final and accepted for production until SameDayCustom determines, in its sole discretion, that payment has been received and cleared, Artwork has passed review or is otherwise acceptable, inventory or substitute inventory is available, vendor/fulfillment assignment is confirmed, delivery/shipping method is operationally available, and internal review is complete.

5.3. SameDayCustom may accept, reject, cancel, hold, pause, modify, reroute, partially fulfill, delay, or refuse any Order at its sole discretion, including where an Order is incomplete, inaccurate, suspicious, fraudulent, unlawful, infringing, prohibited, offensive, sensitive, unsafe, operationally impractical, commercially unreasonable, not feasible, or otherwise inconsistent with these Terms or SameDayCustom policies.

5.4. SameDayCustom may contact you before or after production begins for clarification, corrected information, Artwork files, proof approval, copyright permission, trademark authorization, likeness authorization, payment authorization, additional payment, delivery instructions, address confirmation, product substitutions, or other information required to process the Order.

5.5. SameDayCustom may hold, pause, delay, cancel, or modify an Order if you do not respond promptly or adequately to a request from SameDayCustom, a Print Provider, carrier, courier, payment processor, fraud-prevention provider, or other service provider.

5.6. SameDayCustom may cancel or delay Orders that are incomplete, risky, suspicious, unlawful, infringing, operationally impractical, commercially infeasible, subject to inventory shortage, affected by vendor limitations, affected by third-party failures, affected by payment problems, or otherwise not reasonably fulfillable.

5.7. SameDayCustom may refuse future Orders or require additional verification, waivers, payment terms, identity confirmation, copyright documentation, or written approvals for any Customer or Order.

6. Customer Approval at Checkout

6.1. By submitting an Order at checkout, approving a quote, approving a mockup, approving a proof, paying an invoice, or authorizing a customer support or sales-assisted Order, you confirm that you have reviewed and approved the applicable Order details.

6.2. Customer approval includes approval of the products, quantities, sizes, colors, print locations, print sides, Artwork, spelling, grammar, punctuation, names, numbers, dates, placement, design instructions, delivery method, shipping method, address, phone number, email, pricing, fees, taxes, and estimated timing shown or communicated before the Order is submitted.

6.3. When checkout, an invoice, or a sales-assisted ordering process presents a clearly identified acceptance mechanism, completing that acceptance constitutes assent to these Terms and applicable order-specific terms, subject to applicable law. Our Privacy Policy and California Privacy Notice describe data practices and do not replace any separate consent required for marketing texts, recording, or other activities.

6.4. SameDayCustom may rely on checkout approval, payment, proof approval, mockup approval, written approval, verbal approval, email approval, chat approval, SMS approval, or other customer authorization as permission to proceed with the Order.

6.5. Once the Order enters Production, the Order cannot be canceled or edited unless SameDayCustom agrees otherwise in writing.

7. Artwork Readiness, Design Review, and Production Timing

7.1. Production, pickup, delivery, and shipping estimates shown at checkout or communicated by SameDayCustom assume that the Customer provides complete, accurate, usable, lawful, approved, and print-ready Artwork at the time the Order is placed.

7.2. Artwork is “print-ready” only when SameDayCustom or the applicable Print Provider determines that the Artwork can be used for production without material cleanup, recreation, correction, clarification, conversion, proofing, approval, or legal review.

7.3. If Artwork requires review, cleanup, editing, recreation, resizing, background removal, vectorization, file conversion, color adjustment, file replacement, clarification, proofing, mockup correction, customer approval, copyright verification, trademark verification, likeness authorization, or other design-related work, production timing begins only after the Artwork is finalized, approved, and deemed ready for production by SameDayCustom or the applicable Print Provider.

7.4. Any time spent reviewing, preparing, correcting, recreating, adjusting, converting, proofing, obtaining approval for, or awaiting approval of Artwork reduces the time available for production and may affect pickup, delivery, shipping, rush, or super-rush timelines.

7.5. SameDayCustom is not responsible or liable for delays, missed estimates, changed delivery times, missed pickup windows, missed shipping windows, or additional costs caused by low-resolution Artwork, missing files, poor-quality uploads, incorrect files, corrupted files, unclear instructions, late replies, late approvals, design changes, copyright review, trademark review, customer-requested revisions, or Customer failure to provide complete and usable Artwork.

7.6. SameDayCustom may, but is not required to, review, correct, resize, clean, convert, edit, or adjust Artwork. Any design help, file review, mockup assistance, or customer support provided by SameDayCustom is a courtesy or separate paid service, as applicable, and does not shift responsibility for the final Artwork from the Customer to SameDayCustom.

7.7. SameDayCustom may proceed with minor Artwork adjustments without additional approval if the adjustments are not materially noticeable and are intended to make the design printable, improve production quality, remove technical defects, align Artwork with production requirements, or avoid production failure, unless you expressly prohibit such adjustments in writing before production begins.

7.8. SameDayCustom is not responsible for spelling, grammar, punctuation, names, dates, numbers, design placement, product selection, color selection, print size, print location, uploaded file selection, or other Artwork or Order details submitted or approved by you.

7.9. If you request design assistance, Artwork recreation, vectorization, file correction, background removal, product changes, design changes, or other modifications after checkout, SameDayCustom may charge additional fees, require additional approvals, revise the estimated due date, or decline the request.

8. Checkout Due Dates, Delivery Estimates, and Timelines

8.1. Product availability and estimated production, pickup, local delivery, shipping, rush, and super-rush timelines are based on the stated order conditions and may change. A displayed or communicated shipment date may create obligations under applicable law even if described as an estimate. We will maintain a reasonable basis for shipment representations and handle required notices, delay options, cancellations, and refunds as applicable law requires.

8.2. Dates and times shown at checkout are based on information available at the time, including product availability, vendor capacity, print method, order quantity, Artwork readiness, operating hours, production complexity, delivery distance, carrier availability, courier availability, weather, traffic, order volume, payment status, and Customer responsiveness.

8.3. We do not promise exact pickup or arrival times unless an express order-specific guarantee applies; however, an advertised or agreed shipment commitment remains subject to mandatory consumer-protection requirements, including federal rules governing internet orders.

8.4. Any checkout estimate may change after Order placement if Order details, Artwork, inventory, production method, vendor assignment, fulfillment location, product availability, Customer instructions, Customer responsiveness, delivery method, carrier availability, courier availability, payment status, or operational conditions change.

8.5. General statements about same-day, rush, super-rush, pickup, delivery, or shipping describe potentially available options and depend on product eligibility, location, artwork readiness, capacity, carrier conditions, and checkout representations. No provision permits SameDayCustom to make inaccurate or unsubstantiated advertising or shipping claims.

8.6. SameDayCustom is not liable for missed events, missed deadlines, lost sales, lost opportunities, event costs, travel costs, replacement costs, customer embarrassment, reputational harm, emotional distress, third-party claims, or other consequential damages resulting from any delay, estimate change, failed delivery, failed pickup, or missed deadline.

8.7. If SameDayCustom cannot ship merchandise by an advertised or otherwise applicable shipment deadline, we will provide any notice, revised shipment date, choice to consent to delay or cancel, and prompt refund required by the FTC Mail, Internet, or Telephone Order Merchandise Rule or other applicable law. Neither the “estimate” language above nor a Production-start cancellation cutoff waives those rights.

9. Rush and Super-Rush Orders

9.1. Rush and super-rush options, where available, relate to production priority, expedited handling, attempted expedited processing, and/or attempted expedited fulfillment. They do not guarantee delivery, pickup, shipping, carrier performance, courier availability, or exact arrival time unless SameDayCustom issues a specific written guarantee for that Order.

9.2. Rush and super-rush timelines depend on Artwork readiness, payment completion, fraud review, Customer responsiveness, vendor acceptance, product availability, print method, operating hours, production complexity, courier availability, carrier availability, delivery distance, traffic, weather, and other operational conditions.

9.3. If you delay approval, provide poor-quality Artwork, upload incorrect files, change the Order, provide incorrect details, request design help after checkout, request Artwork revisions, fail to respond promptly, request product changes, or otherwise cause or contribute to delay, SameDayCustom may not be able to meet the original rush or super-rush estimate.

9.4. Where legally permitted and properly disclosed before purchase, fees for priority handling or rush production may be non-refundable when the relevant service has been provided or a delay arises from the Customer, artwork, third-party disruption, weather, force majeure, or other stated limitations. This provision does not eliminate a legally required refund or remedy for undelivered merchandise or a failure to provide a promised service.

9.5. SameDayCustom may decline, cancel, hold, reroute, or convert a rush or super-rush Order if SameDayCustom determines that the Order is not feasible, not commercially reasonable, not operationally practical, not legally appropriate, or not capable of being completed within the requested timeline.

9.6. If a rush or super-rush Order cannot be fulfilled on the originally represented schedule, SameDayCustom may offer revised timing, alternative fulfillment, a comparable substitute subject to applicable approval requirements, or a credit, discount, reprint, or refund as appropriate. Where the law requires notice, the opportunity to consent to delayed shipment, cancellation, or a prompt refund, those requirements control.

10. Customer Responsibility for Artwork, Content, and Order Details

10.1. You are solely responsible for all Content and Artwork submitted, uploaded, provided, edited, approved, or used in connection with an Order, including spelling, grammar, punctuation, names, numbers, dates, design placement, print location, print size, colors, product selection, product size, product color, quantities, uploaded files, logos, trademarks, copyrights, likenesses, images, slogans, and permissions.

10.2. By submitting Content or Artwork, placing an Order, approving a proof, approving a mockup, or requesting production, you represent and warrant that:

• a. you own or have full authorization to use all Content and Artwork;
• b. you have all rights, licenses, permissions, consents, releases, and authorizations necessary for SameDayCustom and its Print Providers to reproduce, edit, print, decorate, fulfill, ship, deliver, display, store, process, and use the Content and Artwork as contemplated by the Services;
• c. the Content and Artwork do not infringe or violate any copyright, trademark, trade dress, trade name, service mark, patent, publicity right, privacy right, moral right, contract right, confidentiality obligation, or other right of any third party;
• d. the Content and Artwork are not unlawful, defamatory, deceptive, fraudulent, threatening, harassing, hateful, obscene, exploitative, harmful, or otherwise prohibited by these Terms;
• e. the Content and Artwork do not include sensitive personal information, financial information, government identification numbers, medical information, or private information of any person without all required consent and legal authority;
• f. you have authority to grant the licenses and indemnities in these Terms; and
• g. your use of the Services and your Order comply with all applicable laws, regulations, and third-party rights.

10.3. SameDayCustom has the right, but not the obligation, to review Content or Artwork for copyright, trademark, prohibited content, technical readiness, production feasibility, or policy compliance.

10.4. SameDayCustom’s failure to reject, hold, flag, cancel, or question any Content or Artwork does not mean SameDayCustom approves, verifies, endorses, accepts responsibility for, or confirms the legality, originality, ownership, authorization, safety, appropriateness, accuracy, quality, or commercial suitability of that Content or Artwork.

10.5. SameDayCustom may reject, cancel, hold, pause, modify, remove, refuse, or require proof, waivers, releases, or authorization documents for any design or Order that SameDayCustom believes may be infringing, unlawful, offensive, sensitive, risky, misleading, defamatory, exploitative, prohibited, or otherwise inappropriate.

10.6. You agree to defend, indemnify, and hold harmless SameDayCustom, its affiliates, owners, officers, employees, contractors, agents, Print Providers, fulfillment partners, logistics partners, payment processors, technology providers, and service providers from and against any claim, demand, dispute, liability, damage, loss, cost, fee, penalty, settlement, judgment, chargeback, or expense, including reasonable attorneys’ fees, arising out of or relating to your Content, Artwork, instructions, approvals, permissions, representations, warranties, breach of these Terms, or violation of third-party rights.

11. Prohibited Content

11.1. SameDayCustom may reject, modify, remove, cancel, hold, or refuse any Content, Artwork, Order, or Account that violates these Terms or SameDayCustom’s standards. The following categories are prohibited:

• a. Illegal, Violent, or Extremist Content: Content that promotes or glorifies illegal activities; depicts graphic violence, physical harm, or bloodshed; supports terrorism, hate groups, or extremist ideologies; encourages self-harm, suicide, vigilantism, or unlawful violence.
• b. Hate Speech and Discrimination: Content expressing or promoting hate, discrimination, harassment, or dehumanization based on race, ethnicity, nationality, gender, religion, disability, sexual orientation, gender identity, or other protected characteristics; or content using symbols, slogans, or coded language associated with hate groups.
• c. Sexual Content and Exploitation: Pornographic, sexually explicit, exploitative, or obscene material; sexualized imagery involving minors; content implying child exploitation; or content objectifying, degrading, or exploiting individuals based on sex, age, or vulnerability.
• d. Controlled Substances and Drug Content: Content depicting or promoting illegal drugs, recreational misuse of controlled substances, prescription-drug misuse, drug paraphernalia, or drug-related references in a glamorized, promotional, or unlawful context.
• e. Alcohol, Tobacco, and Vaping Involving Minors: Content promoting underage or irresponsible use of alcohol, tobacco, nicotine, vaping products, or similar regulated products.
• f. Weapons and Explosives: Content promoting illegal weapons, explosives, bomb-making, unlawful firearm use, mass shootings, threats, or violent intimidation.
• g. Animal Cruelty: Content depicting, promoting, or encouraging animal abuse, neglect, illegal hunting, animal fighting, or cruelty.
• h. Fraud, Defamation, and Scams: Content encouraging fraud, scams, deception, phishing, impersonation, financial misconduct, false statements, or statements harming a person’s or entity’s reputation.
• i. Health Misinformation: Content promoting false medical claims, unapproved substances, dangerous health advice, or misleading health-related statements.
• j. AI-Generated or Deceptive Media: Deepfakes, manipulated imagery, impersonations, false endorsements, unauthorized likenesses, or deceptive media without proper consent and legal authority.
• k. Intellectual Property Violations: Content using copyrighted, trademarked, proprietary, celebrity, brand, sports team, school, university, character, logo, movie, show, music, artwork, or other protected material without written permission.
• l. Privacy Violations and Personal Data: Content containing Social Security numbers, credit card numbers, government IDs, financial data, private addresses, private phone numbers, medical information, or other sensitive personal data without explicit consent and legal authority.
• m. Other Risky or Inappropriate Content: Any Content that SameDayCustom determines, in its sole discretion, may create legal, reputational, operational, commercial, safety, or third-party risk.

11.2. SameDayCustom may classify Content as follows and may reclassify, hold, remove, or reject Content at any time:

• a. GO: Automatically or manually approved and processed.
• b. SLOW: Held for manual review; Customer may be contacted for clarification, permission, proof, authorization, waiver, or additional information.
• c. NO: Rejected and will not be produced.

11.3. SameDayCustom may refuse to explain detailed content-review decisions where doing so may reveal internal processes, create security risk, disclose confidential information, or increase legal or operational risk.

12. Copyright, Trademark, Publicity Rights, and High-Risk Designs

12.1. SameDayCustom respects intellectual property rights and may respond to claims that Content or Artwork infringes or violates copyright, trademark, publicity, privacy, or other rights.

12.2. SameDayCustom has the right, but not the obligation, to review Content and Artwork for copyright, trademark, publicity-right, privacy-right, or prohibited-content issues.

12.3. The absence of rejection, review, hold, or cancellation does not mean SameDayCustom approves, verifies, endorses, or accepts responsibility for the legality, authorization, or ownership of Content or Artwork.

12.4. For designs involving major copyrighted or trademarked brands, sports teams, leagues, movies, shows, characters, celebrities, influencers, universities, schools, corporate logos, organization logos, fraternity/sorority marks, government insignia, protected images, or similar high-risk content, SameDayCustom may require written proof of ownership, authorization, license, waiver, release, or permission.

12.5. SameDayCustom may require a copyright, trademark, publicity-right, or content indemnity agreement before production.

12.6. SameDayCustom may cancel or refuse any Order if the Customer does not provide satisfactory proof of ownership, authorization, or permission.

12.7. Any false confirmation, false disclaimer, false authorization, forged permission, inaccurate ownership statement, or misleading representation by the Customer makes the Customer solely responsible for resulting claims, losses, fees, penalties, disputes, chargebacks, and damages.

12.8. If you are a copyright owner, trademark owner, authorized representative, or person who reasonably believes Content available through the Services infringes your rights, you may send a written notice to SameDayCustom at info@samedaycustom.com. The notice should include sufficient detail to identify the claimed infringement, the protected work or mark, the allegedly infringing material, your contact information, and any other information required by applicable law.

12.9. You may be liable for damages, including costs and attorneys’ fees, if you knowingly or materially misrepresent that Content or Artwork is infringing.

12.10. Upon receiving or identifying an infringement claim, SameDayCustom may remove, block, disable, reject, cancel, hold, or restrict access to the relevant Content, Order, or Account; attempt to notify the allegedly responsible Customer; request additional documentation; suspend or terminate Services; or take any other action SameDayCustom determines appropriate.

12.11. SameDayCustom may respond to infringement notices and take action with respect to allegedly infringing content under the Digital Millennium Copyright Act (DMCA) and other applicable law. Any claim to statutory safe-harbor protection depends on satisfying the applicable requirements, including any required designated-agent registration.

13. License to Customer Content

13.1. You retain ownership of Content and Artwork you submit, subject to the rights and licenses granted in these Terms.

13.2. By providing Content or Artwork, you grant SameDayCustom and its designated service providers a non-exclusive, worldwide, royalty-free, sublicensable, transferable license to host, store, reproduce, convert, resize, prepare, adapt, transmit, display to authorized personnel, print, manufacture, package, deliver, support, archive, and otherwise use that Content as reasonably necessary to process and fulfill Orders; provide requested design assistance; operate, secure, troubleshoot, improve, document, and support the Services; respond to reorders, reprints, disputes, chargebacks, fraud, or rights claims; and meet recordkeeping and legal obligations. The license lasts as reasonably necessary for those purposes, subject to applicable data retention and deletion law. It does not by itself authorize unrelated public promotion of private customer Artwork.

13.3. This operational license includes the ability to disclose Artwork and relevant order data to authorized designers, Print Providers, fulfillment and logistics partners, file-processing and hosting providers, customer support providers, security and fraud vendors, insurers, and professional advisers to the extent reasonably relevant to their duties and as described in the Privacy Policy. The providers do not acquire independent ownership of your Artwork merely by receiving it.

13.4. With appropriate permission and in compliance with applicable law, SameDayCustom may use non-confidential reviews, testimonials, completed-product photos, and other materials for portfolios, advertising, social-media promotion, and marketing. We will not treat every uploaded design, confidential business logo, private photograph, or customer-supplied image as automatically approved for public promotional use merely because it was uploaded for printing.

13.5. Where we have permission to use a testimonial, image, or other customer material publicly, you may contact info@samedaycustom.com to raise an objection or request withdrawal of future promotional use. We will handle such requests consistent with the scope of the original permission, our rights and obligations under law, and reasonably practicable removal of materials under our control. We may retain necessary internal, historical, legal, operational, or dispute records.

13.6. You represent and warrant that you have all rights required to grant the licenses in this section and that SameDayCustom’s exercise of those rights will not violate any third-party rights or applicable law.

13.7. Confidential and personal information contained in Artwork remains subject to the Privacy Policy and applicable law. Nothing in these Terms constitutes a customer’s consent to unrestricted public marketing of confidential Artwork, a waiver of another person’s image or privacy rights, or permission for providers to use personal information for independent purposes beyond those legally permitted and contractually authorized.

14. SameDayCustom Property and Design Tools

14.1. All content, tools, templates, designs, software, workflows, design-studio features, layouts, graphics, text, images, slogans, product displays, trademarks, service marks, trade names, logos, colors, code, databases, and other materials available through the Website, Application, design studio, or Services are owned by SameDayCustom or licensed to SameDayCustom.

14.2. You may use SameDayCustom property only as permitted by SameDayCustom and only in connection with the Services.

14.3. You may not copy, reproduce, modify, distribute, sell, resell, scrape, reverse engineer, decompile, disassemble, create derivative works from, or commercially exploit the Website, Application, design studio, Services, tools, templates, systems, or SameDayCustom property except as expressly authorized in writing.

14.4. Content available on the Website, Application, or design studio is not intended for commercial resale outside the Services unless SameDayCustom provides written permission.

14.5. Designs created using SameDayCustom-owned content, templates, tools, graphics, artwork, or design elements do not give you exclusive ownership of those SameDayCustom-owned elements. SameDayCustom retains all rights in its own content, tools, systems, templates, and design elements.

14.6. SameDayCustom may use, reuse, display, modify, improve, and commercialize general ideas, concepts, know-how, feedback, suggestions, workflows, non-confidential requests, or improvements provided by Customers without compensation or restriction.

15. Mockups, Proofs, Colors, Placement, and Production Variances

15.1. Mockups, proofs, previews, product images, design-studio renderings, photos, samples, and digital displays are visual approximations only.

15.2. Product colors, print colors, thread colors, placement, dimensions, alignment, sizing, garment shade, fabric appearance, product texture, print feel, print texture, opacity, brightness, contrast, and final results may vary from screen previews, mockups, photos, proofs, prior Orders, and customer expectations.

15.3. Differences may occur because of screen settings, device displays, lighting, photography, garment material, fabric blends, product lots, supplier differences, ink behavior, print method, artwork quality, equipment differences, heat press settings, embroidery settings, curing, washing, product substitutions, and Print Provider processes.

15.4. Small production variances are normal and do not constitute defects. These may include minor shifts in placement, alignment, size, color, shade, print texture, product texture, garment dimensions, and appearance.

15.5. You are responsible for carefully reviewing all mockups, proofs, previews, order details, product selections, quantities, sizes, colors, print locations, spelling, grammar, names, numbers, and dates before approval or checkout.

15.6. Approval of a mockup, proof, preview, invoice, quote, order confirmation, or design means you authorize SameDayCustom and its Print Providers to produce the Order based on the approved information, subject to normal production variances.

15.7. SameDayCustom is not responsible for errors that were present in Artwork, proofs, mockups, previews, customer instructions, or order details submitted or approved by the Customer.

16. Product Availability, Substitution, and Inventory

16.1. Product availability, inventory, colors, sizes, brands, styles, suppliers, vendors, fulfillment locations, and delivery options may change at any time, including after checkout.

16.2. SameDayCustom is not responsible for vendor inventory inaccuracies, supplier shortages, discontinued products, stock changes, product defects from manufacturers, warehouse discrepancies, listing inaccuracies, catalog changes, or supplier delays.

16.3. SameDayCustom may choose or change internal Print Providers, production facilities, routes, fulfillment vendors, or technically equivalent printing processes without separate approval where the agreed product specifications and material consumer expectations remain satisfied. Material changes to the purchased product, including a different brand, color, size, or other material characteristic, may require customer approval or a legally appropriate cancellation/refund option.

16.4. SameDayCustom may determine whether a substitute is comparable based on style, color family, size, function, quality, price, availability, timing, print compatibility, and customer instructions.

16.5. For urgent Orders, we may propose comparable substitutions quickly and request expedited approval when practical. We will not rely on this provision to make a materially different substitution without any consent required by applicable law. Minor technical adjustments that preserve material product characteristics may proceed under the applicable proof and production provisions.

16.6. If SameDayCustom determines that no suitable substitute is available, SameDayCustom may cancel, delay, partially fulfill, reroute, modify, or offer alternatives for the Order at its discretion.

16.7. Product descriptions, size charts, colors, and availability are provided for general guidance and may vary by brand, supplier, batch, manufacturer, and production location.

17. Pricing, Payment, Fees, and Taxes

17.1. Prices, fees, discounts, coupons, surcharges, delivery fees, shipping fees, rush fees, super-rush fees, artwork fees, design fees, product prices, taxes, and other charges may change at any time.

17.2. SameDayCustom may correct pricing errors, product errors, coupon errors, checkout errors, tax errors, delivery-fee errors, or system errors at any time, including after checkout. If an error affects your Order, SameDayCustom may request additional payment, cancel the Order, modify the Order, or offer alternatives.

17.3. SameDayCustom may collect payment before production, procurement, vendor assignment, design work, Artwork preparation, proofing, fulfillment, delivery, shipping, or release of Goods.

17.4. SameDayCustom may pause, hold, delay, cancel, or refuse any Order if payment is incomplete, declined, disputed, reversed, refunded, flagged, suspected of fraud, subject to chargeback, subject to payment-processor review, or otherwise not received in full.

17.5. Additional fees may apply for order changes, added products, added print locations, print-side changes, design assistance, Artwork recreation, background removal, vectorization, file conversion, special handling, delivery changes, shipping upgrades, rush service, super-rush service, address changes, customer-requested modifications, or other Services.

17.6. You are responsible for all applicable taxes, duties, charges, fees, and assessments related to your Order, except to the extent SameDayCustom is legally required to collect and remit them.

17.7. Coupons, discounts, credits, promotional offers, and special pricing may be limited, changed, withdrawn, refused, or corrected at SameDayCustom’s discretion and may not be combined unless SameDayCustom expressly permits.

17.8. Financing, pay-later, installment, or similar payment options, if shown at checkout, may be provided by third-party payment providers and may be subject to separate terms, eligibility requirements, fees, approval, and policies.

18. Order Changes, Cancellations, and Customer Delays

18.1. Because SameDayCustom uses automated and expedited production and fulfillment workflows, Orders may move quickly into Production.

18.2. SameDayCustom cannot guarantee that any Order change, design change, product change, address change, delivery change, shipping change, cancellation, or refund request can be accommodated after an Order is placed.

18.3. Because custom Orders can enter design preparation, procurement, or Production promptly, ordinary change and cancellation requests may not be possible after Production has begun. This commercial cancellation policy is subject to any nonwaivable statutory cancellation, delayed-shipment, refund, or consumer remedies.

18.4. SameDayCustom will determine Production status in good faith from internal records, vendor assignments, procurement, artwork processing, and other relevant operational evidence. Production status does not displace statutory shipment-delay notice, cancellation, or refund obligations.

18.5. Any approved change may require additional fees and may change the estimated due date, pickup time, delivery time, shipping time, product availability, Print Provider assignment, fulfillment location, or delivery method.

18.6. Customer-caused delays ordinarily do not entitle the Customer to discretionary discounts, fee refunds, consequential damages, or cancellation rights beyond those provided by our Return & Refund Policy. Nothing in this section restricts a chargeback, cancellation, refund, or other right that cannot lawfully be waived.

18.7. Customer-caused delays include delays caused by late replies, late approvals, incomplete information, inaccurate information, poor Artwork, missing files, changed instructions, copyright review, trademark review, payment issues, delivery-access issues, incorrect addresses, unavailable recipients, or Customer-requested revisions.

18.8. Failure to respond to reasonable clarification or approval requests may cause delay, suspension, partial fulfillment, or cancellation. We will not treat silence as a new approval of a materially different product or an indefinite or extended shipment delay where affirmative customer consent is required by law.

19. Automated Fulfillment Workflow and Limited Manual Review

19.1. SameDayCustom operates a primarily automated production and fulfillment system. Once an Order is submitted, payment is confirmed, and the Order passes initial checks, associated Artwork and Order details may be transmitted directly to Print Providers, fulfillment partners, logistics providers, or other service providers with minimal or no manual intervention.

19.2. Once an Order is approved or passes initial checks, it may enter Production automatically. Due to the speed and automation of this process, SameDayCustom cannot guarantee that design changes, order modifications, address changes, or cancellations can be accommodated after Production has begun.

19.3. SameDayCustom may use automated tools, manual review, customer support review, vendor review, fraud review, content classification, copyright checks, or other processes, but SameDayCustom does not guarantee that every Order, Content item, Artwork file, instruction, or design will be manually reviewed.

19.4. SameDayCustom makes reasonable efforts to review certain submitted Content for compliance with its policies, but not all submissions can be manually inspected. As a result, noncompliant, infringing, unlawful, sensitive, ambiguous, coded, contextual, or inappropriate Content may be unintentionally approved or produced.

19.5. Even when manual review occurs, SameDayCustom and its Print Providers may not identify contextually sensitive, culturally coded, misleading, infringing, unlawful, or ambiguous designs.

19.6. You remain fully responsible for ensuring that all Content and Artwork is lawful, non-infringing, authorized, accurate, and compliant with these Terms and applicable law.

19.7. SameDayCustom disclaims liability to the fullest extent permitted by law for production or distribution of unlawful, infringing, unauthorized, or noncompliant Content submitted, approved, or provided by the Customer and not flagged during manual or automated review.

20. Pickup, Local Delivery, Shipping, and Third-Party Providers

20.1. SameDayCustom may use third-party Print Providers, carriers, local delivery providers, couriers, logistics platforms, shipping platforms, payment processors, fraud-prevention providers, technology providers, and other service providers to process, produce, fulfill, ship, deliver, or support Orders.

20.2. SameDayCustom does not control and is not responsible for all acts, omissions, delays, failures, errors, policies, routes, decisions, systems, staffing, capacity, weather conditions, traffic conditions, carrier scans, package handling, delivery attempts, or operational issues of third-party providers.

20.3. SameDayCustom is not liable for delays, failed pickups, failed delivery attempts, missed delivery windows, lost packages, stolen packages, damaged packages, carrier errors, courier errors, traffic, weather, incorrect addresses, incomplete addresses, unavailable recipients, refusal of delivery, building-access issues, security-desk issues, gate-code issues, phone issues, unsafe delivery locations, or third-party failures except where required by law.

20.4. SameDayCustom may choose, change, upgrade, downgrade, reroute, or substitute the shipping method, local delivery method, carrier, courier, Print Provider, pickup location, fulfillment location, or route based on operational needs.

20.5. You are responsible for providing a complete and accurate address, phone number, email address, delivery instructions, access instructions, gate codes, suite numbers, pickup information, recipient name, and availability.

20.6. If a delivery fails because of incorrect information, recipient unavailability, building-access problems, refusal, unsafe location, failure to answer calls/messages, or other Customer-related issue, SameDayCustom may charge additional fees for re-delivery, return, storage, rerouting, replacement, or reshipment.

20.7. Free local delivery, when offered, is subject to minimum Order amounts, location, distance, vendor availability, delivery cost, courier availability, operational feasibility, and SameDayCustom approval. SameDayCustom may add, modify, restrict, or withdraw free delivery at any time.

20.8. Free local delivery does not apply to every Order, location, expedited service, express service, return shipment, replacement shipment, or special delivery unless SameDayCustom states otherwise.

20.9. Shipping transit times begin only after the Order is produced, packaged, and handed to the carrier. A “one-day shipping,” “next-day shipping,” or similar shipping reference generally refers to transit time after carrier handoff and does not include Artwork review, proofing, production, processing, procurement, or fulfillment time unless SameDayCustom expressly states otherwise in writing.

20.10. Transit times provided at checkout are estimates based on carrier information, generic cases, or available data. They are not promises, guarantees, binding contracts, or warranties by SameDayCustom.

20.11. Customer agrees to contact SameDayCustom for order-related issues and not to harass, threaten, abuse, or improperly contact Print Providers, couriers, carriers, or vendors.

21. Refunds, Reprints, Replacements, and Remedies

21.1. Refunds, reprints, replacements, credits, discounts, and other remedies are governed by these Terms and SameDayCustom’s Return & Refund Policy, as updated from time to time.

21.2. Customized or made-to-order Goods generally cannot be returned because of preference changes, customer-approved artwork, ordinary print variance, or other non-defect reasons, except as our Return & Refund Policy or applicable law provides. Claims involving material production errors, nonconforming goods, nonshipment, or rights required by law will be assessed on their facts.

21.3. Subject to mandatory consumer rights and our applicable written commitments, SameDayCustom may determine in good faith whether a request qualifies for a discretionary remedy and may choose a commercially reasonable resolution.

21.4. Depending on the facts and applicable law, remedies may include reprinting, replacement, correction, repair, fee adjustment, store credit if accepted, a partial or full refund, or denial of a request that lacks a valid basis. SameDayCustom will not substitute store credit for a cash or original-payment-method refund where applicable law requires a refund.

21.5. SameDayCustom may require photos, videos, return of Goods, pickup inspection, carrier documentation, delivery proof, packaging evidence, written explanation, or other evidence before considering any remedy.

21.6. SameDayCustom may decline discretionary remedies for errors the Customer supplied or approved, including incorrect files or details, normal production variance, improper addresses, late approvals, or circumstances beyond our reasonable control, but will comply with any mandatory rights for nonconforming products, nonshipment, deceptive representations, or delayed shipment.

21.7. If SameDayCustom provides a refund, credit, discount, reprint, or replacement, such remedy is provided without admission of fault or liability.

21.8. SameDayCustom may require that defective or disputed Goods be returned, held for inspection, photographed, or otherwise made available before issuing any remedy.

21.9. Refunds may be issued to the original payment method, as store credit, or by another method determined by SameDayCustom, subject to payment processor rules and applicable law.

21.10. Delivery fees, shipping fees, rush fees, super-rush fees, design fees, Artwork preparation fees, special handling fees, and other service fees may be non-refundable unless SameDayCustom determines otherwise or applicable law requires otherwise.

22. Chargebacks, Payment Disputes, and Collections

22.1. We encourage you to contact SameDayCustom at info@samedaycustom.com and make a good-faith effort to resolve an Order dispute directly before asking your payment provider to intervene. This request does not limit any right to dispute a charge under credit-card, debit-card, electronic-funds-transfer, or other applicable law, or a deadline imposed by a financial institution.

22.2. SameDayCustom may dispute chargebacks and provide order records, checkout records, invoices, receipts, payment records, Artwork files, mockups, approvals, communications, delivery proof, shipping records, pickup records, policy records, IP confirmations, and other relevant information to payment processors, banks, card issuers, dispute platforms, collection agencies, legal counsel, insurers, or other appropriate parties.

22.3. SameDayCustom may suspend or terminate Accounts, refuse future Orders, require alternative payment methods, require prepayment, recover fees, pursue collections, or take legal action where permitted by law for improper chargebacks, payment reversals, fraud, nonpayment, or abuse.

22.4. Where lawful, you may be responsible for reasonable, documented collection costs and fees arising from unpaid amounts or bad-faith or fraudulent payment conduct. Nothing here permits imposing a penalty solely because a consumer exercised a lawful chargeback or dispute right.

22.5. Initiating a chargeback does not cancel your obligations under these Terms, including indemnity obligations, payment obligations, dispute obligations, and limitations of liability.

23. Fraud, Abuse, Website Misuse, and Prohibited Conduct

23.1. You may not use the Website, Application, design studio, checkout, customer support channels, sales channels, Account, or Services for fraud, abuse, harassment, illegal activity, infringement, unauthorized access, scraping, reverse engineering, spam, security testing without permission, data harvesting, payment abuse, chargeback abuse, false identity use, or other misuse.

23.2. You may not interfere with, disrupt, damage, overload, reverse engineer, decompile, disassemble, bypass, or compromise the Website, Application, design studio, checkout, systems, security controls, content-review systems, payment systems, fulfillment systems, or Services.

23.3. You may not use bots, scripts, scrapers, crawlers, automated tools, or data-mining methods to access, copy, monitor, or extract data from the Website, Application, design studio, products, prices, images, designs, order systems, or Services without SameDayCustom’s written permission.

23.4. You may not abuse, threaten, harass, insult, defame, intimidate, or interfere with SameDayCustom employees, contractors, agents, support staff, sales representatives, vendors, Print Providers, couriers, carriers, or other service providers.

23.5. SameDayCustom may suspend accounts, refuse service, cancel Orders, limit access, block users, restrict payment methods, require verification, or take other action for fraud, abuse, harassment, suspicious activity, chargebacks, policy violations, misuse, or operational risk.

23.6. The prohibition on unauthorized access applies specifically to saved-design retrieval: entering another person’s email address, or using a design identifier that is not yours, for the purpose of viewing, acquiring, copying, editing, distributing, or exploiting that person’s designs or personal information without authority violates these Terms. Technical availability of a retrieval function does not confer legal authorization.

24. Third-Party Websites, Tools, Platforms, and Services

24.1. The Services may include or rely on third-party websites, platforms, tools, integrations, APIs, payment processors, fraud-prevention tools, design tools, logistics platforms, shipping platforms, couriers, carriers, Print Providers, fulfillment partners, or other service providers not owned or controlled by SameDayCustom.

24.2. SameDayCustom does not control, endorse, or assume responsibility for any third-party website, provider, platform, tool, content, policy, availability, action, omission, delay, failure, error, security issue, or practice.

24.3. You are solely responsible for reviewing and complying with any applicable third-party terms, conditions, privacy policies, and rules.

24.4. Any interaction, transaction, or dispute between you and a third party is solely between you and that third party, except where SameDayCustom elects to assist with resolution.

24.5. SameDayCustom is not responsible or liable, directly or indirectly, for any loss, damage, delay, dispute, issue, or claim arising from your access to, use of, reliance on, or interaction with third-party websites, tools, platforms, goods, services, providers, or policies.

24.6. To the fullest extent permitted by law, you agree to indemnify and hold SameDayCustom harmless from claims, damages, liabilities, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to your breach of third-party terms, misuse of third-party services, or dispute with any third party.

25. Service Availability, Website Information, and System Errors

25.1. SameDayCustom does not guarantee continuous, uninterrupted, secure, timely, or error-free access to the Website, Application, design studio, checkout, customer support channels, sales channels, Account, or Services.

25.2. SameDayCustom may limit, suspend, modify, discontinue, or restrict access to any Service, feature, product, page, Account, ordering method, delivery method, payment method, or system at any time for maintenance, security, capacity, operational, legal, commercial, or other reasons.

25.3. SameDayCustom may modify, improve, replace, remove, or introduce Services, features, products, workflows, systems, vendors, providers, delivery methods, or policies at any time.

25.4. Website descriptions, product images, mockups, and availability data may contain errors or differ from final production within disclosed and commercially reasonable tolerances. SameDayCustom may correct errors and update information, subject to truthful-advertising, express-warranty, and other nonwaivable legal duties.

25.5. SameDayCustom may correct errors, inaccuracies, omissions, prices, product descriptions, availability, delivery estimates, shipping estimates, taxes, coupons, fees, and order information at any time, including after an Order is placed.

25.6. SameDayCustom is not responsible for loss or delay caused by internet service providers, browsers, devices, malware, viruses, communication failures, email filtering, text-message failures, phone issues, payment-processor issues, platform downtime, third-party integrations, system outages, or other technical issues.

26. Disclaimers of Warranties

26.1. To the fullest extent permitted by applicable law, the Website, Application, design tools, and online platform are provided on an “as is” and “as available” basis. Orders and Goods remain subject to any express warranties, legally required protections, or contractual commitments that cannot lawfully be disclaimed.

26.2. To the extent lawful, SameDayCustom disclaims implied warranties concerning uninterrupted website operation, error-free functionality, fitness for a particular use, and third-party services. Any disclaimer concerning Goods, merchantability, fitness, or warranties arising under state commercial law applies only where legally effective and is not intended to contradict a written product warranty or a mandatory consumer remedy.

26.3. SameDayCustom does not warrant that the Services will meet your requirements, expectations, intended use, event deadline, resale purpose, business purpose, color expectation, quality expectation beyond applicable production standards, or commercial needs.

26.4. SameDayCustom does not warrant or guarantee the legality, safety, usefulness, moral acceptability, commercial success, originality, non-infringement, or marketability of any Customer Content, Artwork, design, mark, logo, image, slogan, product, or Order.

26.5. SameDayCustom does not warrant or guarantee the performance, availability, quality, conduct, timing, or services of third-party Print Providers, carriers, couriers, suppliers, payment processors, technology providers, or other service providers.

26.6. Some jurisdictions do not allow certain warranty disclaimers. In those jurisdictions, disclaimers apply only to the fullest extent permitted by law.

27. Limitation of Liability

27.1. To the fullest extent permitted by law, SameDayCustom and covered affiliated persons are not responsible for indirect, incidental, special, consequential, exemplary, or punitive damages arising from ordinary commercial performance failures, including event costs, lost opportunities, lost profits, or reputational impacts, where such exclusions are legally permitted. The exclusion does not apply to liabilities that cannot lawfully be limited.

27.2. The excluded damages include damages arising from missed events, missed deadlines, lost sales, lost profits, lost business, lost opportunity, customer embarrassment, reputational harm, emotional distress, event costs, travel costs, replacement costs, substitute goods, substitute services, third-party claims, shipping delays, delivery failures, pickup failures, carrier issues, courier issues, production delays, Artwork issues, customer delays, system errors, or inability to use the Services.

27.3. To the fullest extent permitted by applicable law, SameDayCustom’s aggregate contractual liability associated with an individual Order will not exceed amounts paid to SameDayCustom for that specific Order. This order-based cap does not apply to liability or statutory remedies that cannot lawfully be capped, including any claims for which such a cap is prohibited under applicable privacy, data-security, consumer-protection, or other law.

27.4. These limitations are intended to apply, to the extent law permits, regardless of whether a claim is pleaded in contract, warranty, tort, or another theory. They do not exclude intentional wrongdoing, gross negligence where nonexcludable, statutory relief, or other rights for which exclusion is prohibited.

27.5. SameDayCustom is not liable for damages, losses, delays, claims, costs, or expenses caused by incorrect, incomplete, late, unclear, or inaccurate instructions, approvals, Artwork, files, addresses, delivery details, payment information, or other information provided by the Customer.

27.6. SameDayCustom is not liable for claims arising from routing decisions, rerouting decisions, production location, fulfillment origin, subcontracting, vendor assignment, carrier selection, courier selection, or delivery method, provided SameDayCustom acts in good faith and the Order is otherwise completed or addressed in accordance with these Terms and applicable policies.

27.7. Consumer protection, privacy, data-security, warranty, and other mandatory rights vary by jurisdiction. No provision of these Terms is intended to eliminate rights or remedies that cannot legally be waived, restricted, or excluded.

28. Indemnification

28.1. You agree to defend, indemnify, and hold harmless SameDayCustom, its affiliates, parents, subsidiaries, owners, officers, directors, employees, contractors, agents, vendors, Print Providers, fulfillment partners, logistics partners, carriers, couriers, payment processors, technology providers, insurers, and service providers from and against all claims, demands, disputes, actions, proceedings, investigations, damages, liabilities, losses, deficiencies, penalties, fines, settlements, judgments, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to:

• a. your access to or use of the Website, Application, design studio, Account, checkout, customer support channels, sales channels, Goods, or Services;
• b. your Content, Artwork, designs, marks, logos, images, slogans, text, photos, files, instructions, approvals, or submitted materials;
• c. any alleged or actual infringement or violation of copyright, trademark, patent, trade dress, trade name, service mark, publicity right, privacy right, moral right, contract right, confidentiality obligation, or other third-party right;
• d. your breach of these Terms or any applicable policy;
• e. your violation of law or regulation;
• f. your fraud, misrepresentation, negligence, willful misconduct, or misuse of the Services;
• g. your inaccurate, incomplete, late, unlawful, or misleading information;
• h. your chargebacks, payment disputes, nonpayment, or payment reversals;
• i. your interaction or dispute with a third party;
• j. your resale, marketing, distribution, or use of Goods; or
• k. your use of SameDayCustom’s Services for any unlawful, unauthorized, or prohibited purpose.

28.2. SameDayCustom may control the defense and settlement of any claim subject to indemnification. You must cooperate with SameDayCustom’s defense, provide requested information, and not settle any claim without SameDayCustom’s prior written consent.

28.3. You may not settle or compromise any claim in a way that imposes liability, fault, obligation, admission, restriction, payment, or action on SameDayCustom without SameDayCustom’s prior written consent.

28.4. SameDayCustom’s consent to settlement may be withheld where the settlement implies fault, requires SameDayCustom to take or refrain from action, fails to fully release SameDayCustom, creates reputational risk, creates operational burden, or is otherwise not acceptable to SameDayCustom.

28.5. Customer indemnification applies to losses arising from the Customer’s wrongful acts, inaccurate ownership/authorization representations, Content, breach, or legally attributable conduct, and not to liabilities caused solely by SameDayCustom’s own wrongful acts or nonwaivable statutory duties. Any defense or indemnity obligations are limited as required by law.

29. Pickup Acceptance and Inspection

29.1. You are responsible for inspecting Orders promptly upon pickup, delivery, or receipt.

29.2. SameDayCustom may require the Customer or recipient to sign an Order acknowledgment, pickup receipt, delivery receipt, acceptance confirmation, or similar document upon pickup or receipt.

29.3. By signing an Order acknowledgment or receipt, taking possession of the Order, authorizing a pickup, accepting delivery, or failing to report an issue within the time required by the Return & Refund Policy, you acknowledge receipt of the Order and acceptance subject to SameDayCustom’s applicable policies.

29.4. If a requested pickup acknowledgment is not returned within two (2) days, SameDayCustom may rely on available proof of collection when evaluating whether Goods were received. Silence or failure to sign does not waive defects, consumer rights, statutory claims, or remedies that cannot lawfully be waived.

29.5. Acceptance of pickup or delivery does not waive claims that cannot legally be waived, but all claims remain subject to these Terms, the Return & Refund Policy, evidence requirements, remedy limitations, and applicable law.

30. Force Majeure

30.1. SameDayCustom is not responsible or liable for any delay, failure, nonperformance, inability to fulfill, or inability to perform caused by events beyond SameDayCustom’s reasonable control.

30.2. Force Majeure Events include war, terrorism, civil unrest, natural disaster, extreme weather, fire, flood, epidemic, pandemic, public-health emergency, labor dispute, supplier shortage, inventory shortage, transportation disruption, carrier delay, courier shortage, traffic disruption, road closure, power failure, telecommunications failure, data-network disruption, internet outage, cyberattack, denial-of-service attack, platform outage, payment-processor issue, government action, legal restriction, denial of license, vendor closure, equipment failure, Print Provider limitation, or any other cause beyond SameDayCustom’s reasonable control.

30.3. A Force Majeure Event may justify reasonable operational changes, a revised schedule, alternative fulfillment, or cancellation where permitted. Mandatory notice, consent, delayed-shipment, and refund requirements remain applicable notwithstanding the event.

31. Termination

31.1. SameDayCustom may immediately suspend, terminate, restrict, or disable your Account, access, Order privileges, or use of the Services at any time, with or without notice, and without liability, where SameDayCustom determines that such action is appropriate.

31.2. Grounds for suspension or termination include breach of these Terms, fraud, abuse, harassment, suspicious activity, chargebacks, nonpayment, IP infringement, prohibited Content, misuse of Services, security risk, operational risk, legal risk, or any other reason determined by SameDayCustom.

31.3. Upon termination or suspension, your right to access or use the Website, Application, Account, design studio, checkout, and Services will cease immediately.

31.4. You may stop using the Services at any time. Stopping use does not cancel pending Orders, payment obligations, indemnity obligations, dispute obligations, or other obligations that by their nature should survive.

31.5. Sections relating to payment, Content licenses, intellectual property, prohibited conduct, disclaimers, limitation of liability, indemnity, refunds/remedies, chargebacks, dispute resolution, governing law, and any other provisions intended to survive shall survive termination.

32. Governing Law, Venue, Class Action Waiver, and Claim Period

32.1. These Terms and any dispute, claim, action, or proceeding arising out of or relating to these Terms, the Website, Application, design studio, checkout, Account, Order, Goods, Services, Content, Artwork, payment, pickup, delivery, shipping, refund, chargeback, or relationship between the Parties shall be governed by the laws of the Commonwealth of Pennsylvania, without regard to conflict-of-law principles.

32.2. Before filing a nonurgent contractual claim, the parties agree to use reasonable efforts to resolve the matter by contacting info@samedaycustom.com with the relevant Order number, issue, proposed resolution, and documents and attempting informal resolution for up to thirty (30) days. This does not postpone statutory complaint or chargeback deadlines, prevent requests for emergency relief, or require informal resolution when law prohibits such a condition.

32.3. To the extent enforceable and permitted by law, the parties agree to pursue private contractual claims individually rather than as class or collective proceedings. This provision does not purport to bar proceedings, representation, statutory remedies, or public enforcement rights that cannot lawfully be waived.

32.4. Any class, collective, representative, or similar action waiver is severable and effective only as permitted by law. It does not create a binding arbitration agreement, and no party is required to arbitrate solely by reason of this provision.

32.5. Subject to any mandatory jurisdictional rules and consumer rights, the parties consent to the state and federal courts in Allegheny County, Pennsylvania for disputes concerning these Terms. This clause does not deprive a consumer of a mandatory forum or statutory right that cannot be excluded by contract.

32.6. Where law permits a contractual limitations period, a claim based solely on these Terms should be brought within one (1) year after accrual, except where a longer nonwaivable statute of limitations applies. This section does not shorten the time to exercise statutory consumer, privacy, data-security, warranty, payment-dispute, or other protected claims where shortening is unlawful.

32.7. Nothing in this section prevents SameDayCustom from seeking injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property, confidential information, systems, Website, Application, Services, business operations, vendors, Print Providers, fulfillment partners, logistics partners, or other rights.

32.8. If any part of this section is found invalid, illegal, or unenforceable, that part shall be modified or severed to the minimum extent necessary, and the remaining provisions shall remain valid and enforceable to the fullest extent permitted by law.

33. Severability, No Waiver, Assignment, and Entire Agreement

33.1. SameDayCustom’s failure to exercise or enforce any right or provision of these Terms is not a waiver of that right or provision.

33.2. If any section, clause, or provision of these Terms is found void, invalid, illegal, or unenforceable, the remaining sections, clauses, and provisions remain valid and enforceable to the fullest extent permitted by law.

33.3. SameDayCustom may assign, transfer, delegate, or subcontract its rights and obligations under these Terms without restriction. You may not assign or transfer your rights or obligations under these Terms without SameDayCustom’s prior written consent.

33.4. These Terms and applicable Order terms, together with our Return & Refund Policy, express warranties, checkout disclosures, and other expressly incorporated documents, govern the commercial Services. The general Privacy Policy and California Privacy Notice are separate disclosures concerning personal information and rights; they are linked for reference and do not by themselves create or eliminate consent where separate consent is required.

33.5. In the event of a conflict between these Terms and an Order-specific written agreement signed by an authorized representative of SameDayCustom, the signed written agreement controls only for that specific Order and only to the extent of the conflict.

33.6. No employee, contractor, support agent, sales representative, vendor, Print Provider, courier, or third-party provider may waive, modify, or override these Terms unless SameDayCustom provides written authorization through an authorized representative.

34. Contact

Questions about these Terms may be sent to:

SameDayCustom, LLC
102 Mall Circle Dr
Monroeville, PA 15146
Email: info@samedaycustom.com

Privacy Policy

California Privacy Notice

Return & Refund Policy