TWISTED SWAG TERMS OF SERVICE

Effective Date: April 6, 2025

These Terms of Service (“Terms”) govern your access to and use of the Twisted Swag, Inc. website, including twistedswag.com, and your purchase or use of Twisted Swag products, custom merchandise, printing, embroidery, design, artwork preparation, SwagLaunch services, Shopify store creation, website development, fulfillment-related services, consulting, maintenance, and other services offered by Twisted Swag.

Throughout these Terms, “Twisted Swag,” “SwagLaunch,” “we,” “us,” and “our” refer to Twisted Swag, Inc. and, where applicable, its employees, contractors, representatives, and service providers.

By visiting or using our website, requesting a quote, submitting an intake form, uploading artwork, approving a proof, purchasing a product or service, making payment, accepting digital work, accepting ownership of a Shopify store, or otherwise using our services, you agree to these Terms.

If you do not agree to these Terms, you should not use our website, purchase our services, approve work, or accept deliverables.

Nothing in these Terms limits any right or remedy that cannot legally be waived under applicable law.

1. Eligibility and Authority

You represent that you are legally capable of entering into a binding agreement.

If you purchase products or services on behalf of a company, church, school, nonprofit organization, team, LLC, corporation, partnership, or other entity, you represent that you have authority to bind that entity to these Terms.

2. Electronic Communications and Records

You agree that Twisted Swag may communicate with you electronically through email, website interfaces, text messaging where applicable, Shopify, QuickBooks, proofing systems, intake forms, online portals, project-management systems, and other electronic methods.

Electronic communications, approvals, payment records, invoices, screenshots, proof approvals, account records, transfer confirmations, and electronic signatures may be used as evidence of authorization, delivery, acceptance, and performance to the fullest extent permitted by law.

3. Use of the Twisted Swag Website

You may use the Twisted Swag website only for lawful purposes.

You agree not to:

Attempt unauthorized access to the website or connected systems
Upload malware, viruses, harmful scripts, or malicious code
Interfere with website performance or security
Scrape, reproduce, republish, or commercially exploit website content without authorization
Impersonate another person or entity
Submit fraudulent or misleading information
Upload unlawful or infringing content
Use the website in a manner that damages Twisted Swag, its systems, its customers, or its business operations

We may restrict or terminate access to the website when reasonably necessary to protect our systems, customers, business, or legal interests.

4. Website Information

We make reasonable efforts to keep information on our website accurate and current.

Website content may include general descriptions of:

Products
Services
Pricing
Turnaround times
Ordering procedures
Print methods
Store-building services
Fulfillment services
Pickup procedures
Policies
Availability

Website information does not create a guaranteed order, deadline, service commitment, or project scope unless confirmed through an accepted quote, invoice, product purchase, written proposal, statement of work, or other written agreement.

We may modify website content, offerings, features, policies, or services from time to time.

5. Accounts and Account Security

You are responsible for maintaining the confidentiality and security of accounts and credentials under your control.

You are responsible for activity performed through your account unless prohibited by law.

You agree to provide accurate information and notify the appropriate provider if you become aware of unauthorized account access.

6. Third-Party Platforms and Services

Our website and services may interact with third-party services including:

Shopify
GoDaddy
QuickBooks
Payment processors
Shipping carriers
Product suppliers
Shopify apps
Upload platforms
Analytics services
Email services
Domain registrars
Fulfillment tools
Accounting applications

These third parties operate independently and may have their own terms, policies, fees, eligibility requirements, outages, limitations, and technical requirements.

Twisted Swag does not control those third-party platforms and is not responsible for their independent decisions, policies, billing practices, outages, or changes.

7. Quotes, Estimates, and Pricing

Quotes and estimates are based on the information available when they are prepared.

Pricing may depend on factors including:

Quantity
Garment selection
Product availability
Artwork complexity
Print method
Number of imprint locations
Ink colors
Thread count
Design requirements
Website scope
Product count
Integration requirements
Shipping
Turnaround requirements
Rush service
Third-party costs

If the scope, quantity, specifications, timeline, or requirements change, pricing may also change.

8. Scope of Services

The services included in a purchase are determined by the applicable:

Product description
Quote
Invoice
Proposal
Statement of work
Intake form
Written project description
Written communication specifically describing included work

Services not expressly included are outside the scope of the project.

Additional work may require an additional quote or payment.

9. Customer Responsibilities

You are responsible for providing accurate and timely information required to perform your order or project.

This may include:

Artwork
Logos
Quantities
Sizes
Garment selections
Product information
Prices
Copy
Business information
Domain access
Shopify access
App access
Approvals
Banking information
Shipping preferences
Tax information
Legal policies
Required credentials
Required decisions

Twisted Swag is not responsible for delays or losses caused by incomplete, inaccurate, outdated, or late customer-provided information.

10. Custom Nature of Products and Services

Many Twisted Swag products and services are custom, made-to-order, personalized, or created specifically for the customer.

Examples include:

Screen printing
DTF printing
Embroidery
Transfers
Promotional products
Signs and banners
Artwork cleanup
Graphic design
Logo services
Digitizing
Custom proofs
Website development
Shopify store creation
SwagLaunch services
Theme customization
Store migration
Consulting

Custom work is not treated the same as ordinary off-the-shelf retail merchandise.

11. Product Availability

Garments, blanks, colors, sizes, materials, products, themes, apps, software, and third-party services are subject to availability.

We do not guarantee that a particular product, color, size, brand, application, theme, integration, or third-party service will remain available indefinitely.

When appropriate, we may recommend alternatives.

12. Customer-Supplied Artwork and Intellectual Property

You represent that you own, control, or have all necessary rights and permissions to use any:

Logo
Artwork
Photograph
Trademark
Slogan
Design
Image
Text
Likeness
Other material

that you submit or authorize us to use.

You authorize Twisted Swag to use submitted content as necessary to provide the requested service.

You are responsible for claims arising from content you supplied or instructed us to use.

13. Artwork and Production Limitations

Twisted Swag may rely on the quality and technical characteristics of customer-supplied files.

Digital displays, proofs, and mockups may differ from physical production due to:

Screen calibration
Garment color
Fabric texture
Ink characteristics
Thread characteristics
Printing processes
Embroidery limitations
File quality
Production tolerances

A digital proof is a representation of the intended result and is not necessarily a life-size or color-calibrated reproduction.

14. Design and Creative Services

Design services compensate Twisted Swag for professional labor, creative work, technical preparation, revisions, and expertise.

Design services may include:

Logos
Layouts
Artwork cleanup
Typography
Mockups
Web design
Branding
Product design
Production preparation
Theme customization
Page creation
Other creative work

Fees for design work already performed are generally non-refundable, subject to applicable law and any specific written agreement.

15. Revisions and Changes in Scope

Projects may include a specified or reasonable number of revisions.

A request that substantially changes the original concept, specifications, scope, products, website architecture, design direction, or deliverables may constitute additional work.

Additional work may require additional fees and may extend the completion schedule.

16. Proofs and Customer Approval

You are responsible for carefully reviewing proofs before approval.

Approval may cover, where applicable:

Artwork
Spelling
Grammar
Placement
Sizes
Quantities
Garment styles
Colors
Product information
Layout
Website copy
Website pages
Navigation
Pricing
Images

Once approval is provided, Twisted Swag may reasonably rely on that approval.

Twisted Swag is not responsible for errors clearly visible in a proof that the customer approved.

17. Payment

Twisted Swag may require:

Full payment
Deposits
Milestone payments
Subscription payments
Membership payments
Additional project charges

Payment may be required before design begins, products are ordered, production begins, digital work is released, or ownership is transferred.

Failure to pay may result in suspension or cancellation of work.

18. Taxes and Fees

Customers are responsible for applicable taxes, shipping charges, third-party charges, app fees, subscription costs, or other charges unless expressly included in writing.

19. Chargebacks and Payment Disputes

Customers are encouraged to contact Twisted Swag first and make a good-faith effort to resolve a billing or service concern before initiating a chargeback.

A chargeback or payment reversal does not automatically cancel an obligation to pay for products or services that were authorized, performed, delivered, approved, transferred, or accepted.

If a payment dispute is initiated, Twisted Swag may provide relevant evidence to the bank, card issuer, payment processor, or other dispute administrator.

Evidence may include:

Quotes
Invoices
Payment records
Emails
Messages
Proof approvals
Digital approvals
Intake forms
Delivery records
Tracking
Pickup records
Screenshots
Shopify records
Website-access records
Store-transfer confirmations
Project files

Twisted Swag reserves all lawful rights concerning amounts owed for completed work.

20. Turnaround Times

Turnaround times are estimates unless Twisted Swag expressly guarantees a deadline in writing.

Completion may depend on:

Customer response time
Payment
Approval timing
Product availability
Supplier availability
Artwork readiness
Production capacity
Shipping
Third-party services
Access credentials
Scope changes
Platform availability

21. Rush Orders and Deadlines

Rush orders are subject to availability.

An event date, launch date, sales date, promotion date, fundraiser, meeting, or other customer deadline does not create a guaranteed delivery obligation unless Twisted Swag expressly accepts that deadline in writing.

22. Shipping, Pickup, and Delivery

Orders may be delivered through:

In-store pickup
Authorized after-hours pickup
Carrier shipment
Local delivery where offered
Electronic delivery
Platform transfer
Other agreed methods

Twisted Swag is not responsible for delays caused by third-party carriers, suppliers, weather, incorrect addresses, customer availability, platform outages, or circumstances outside our reasonable control.

23. Inspection of Physical Orders

Customers should inspect physical orders promptly after receipt.

If you believe there is:

A production defect
A shortage
An incorrect item
Damage
Another order issue

contact Twisted Swag promptly so we can investigate.

24. Returns, Exchanges, and Refunds

Because most Twisted Swag products and services are custom, refund and return rights are more limited than for ordinary retail merchandise.

The Twisted Swag Return Policy is incorporated into these Terms.

Unless otherwise required by law or agreed in writing, refunds generally are not available for:

Custom printed goods
Custom embroidery
Personalized merchandise
Customer-approved production
Completed design work
Completed custom services
Work already performed
Customer-caused errors

If there is a conflict between these Terms and a more specific written refund provision applicable to a particular service, the more specific provision controls.

SWAGLAUNCH AND SHOPIFY SERVICES

25. SwagLaunch Services

SwagLaunch services may include:

Shopify store creation
Website design
Theme setup
Theme customization
Page creation
Navigation configuration
Product setup
Collection setup
Branding implementation
Store migration
Domain assistance
Consulting
Fulfillment onboarding
Website maintenance
Other ecommerce services

Only services included in the purchased package or written scope are included.

26. SwagLaunch Is a Custom Professional Service

SwagLaunch store creation and website-development services are custom professional services.

Customers are purchasing professional labor, design, configuration, development, technical setup, project management, and other work performed specifically for their business.

Payment is therefore compensation for work performed and is not merely payment for possession of a Shopify account.

27. Website Review

Customers may be given an opportunity to review a store through:

Preview links
Password-protected storefronts
Screenshots
Email
Video
Shopify access
Other review methods

Customers should identify requested changes during the review process.

28. Approval and Acceptance

Approval of a website may be demonstrated by:

Written approval
Authorization to complete the project
Requesting ownership transfer
Accepting Shopify ownership
Publishing the website
Using the website
Making changes after delivery
Exercising administrative control over the store

Acceptance of a Shopify ownership transfer is strong evidence that the customer has received and taken control of the delivered store.

29. Shopify Ownership Transfer

When a Shopify store is transferred to a customer and the customer accepts Shopify's ownership-transfer invitation:

The customer becomes the Shopify store owner.
Administrative control transfers to the customer.
The customer assumes responsibility for operation of the Shopify account.
The store is considered delivered for purposes of the store-development service, except for any specific unfinished item expressly acknowledged by Twisted Swag in writing.
Future account-management responsibilities become the customer's responsibility unless separately included in an ongoing paid service.

Acceptance of store ownership does not waive a customer's non-waivable legal rights.

30. Refunds After Store Delivery and Ownership Acceptance

Fees attributable to completed SwagLaunch store-creation, website-development, design, setup, migration, configuration, and related professional services are non-refundable after those services have been completed and delivered, except where required by law or expressly agreed by Twisted Swag in writing.

After accepting ownership of a completed Shopify store, a customer's later decision to:

Stop operating the business
Close the Shopify store
Change business plans
Hire another developer
Change providers
Rebrand
Abandon the project
Delay launch
Stop selling merchandise
Use another ecommerce platform

does not undo professional work already performed.

31. Retaining a Delivered Store While Requesting a Refund

A customer who has accepted and retained ownership, possession, access, or control of a completed Shopify store is not ordinarily entitled to a refund of the professional fees used to create that store merely because the customer later chooses not to use it.

If Twisted Swag voluntarily agrees in writing to rescind a completed project or issue an exceptional refund, Twisted Swag may require relinquishment or return of transferable deliverables where legally and technically possible.

This section does not limit remedies available for a material failure by Twisted Swag to perform the services actually purchased.

32. Shopify Is a Separate Company

Shopify is an independent third-party platform.

Twisted Swag does not control Shopify's:

Terms
Plans
Billing
Technical infrastructure
Account verification
Merchant eligibility
Shopify Payments
Payouts
Holds
Account restrictions
Platform policies
Feature changes
App ecosystem

Communications from Shopify do not modify a customer's separate agreement with Twisted Swag unless Twisted Swag agrees to the modification in writing.

33. Store Creation and Fulfillment Are Separate

Unless expressly bundled together in writing, SwagLaunch website creation and SwagLaunch fulfillment are separate services.

Completion of a Shopify store does not automatically mean:

A fulfillment membership has been purchased
Fulfillment onboarding is complete
Product inventory has been received
Physical products have been produced
Packaging is configured
Shipping rules are finalized
Fulfillment integration is active
Orders are ready for fulfillment

A concern involving fulfillment does not automatically undo completed website-development work.

34. Website Creation and Merchandise Production Are Separate

A Shopify store may display merchandise that has not yet been physically produced or stocked.

Website development does not include physical production unless expressly included in the applicable written scope or order.

35. Customer Responsibilities After Shopify Transfer

After ownership transfer, the customer is generally responsible for:

Shopify subscription plan
Shopify billing
Payment methods
Shopify Payments
Banking information
Payout account
Identity verification
Shipping settings
Taxes
Product pricing
Inventory
Store policies
Discounts
Customer service
Refunds
Chargebacks
Staff access
Order management
Apps
App subscriptions
Account security
Shopify communications
Legal compliance
Password protection
Launch timing

Unless an ongoing support service has been purchased, Twisted Swag is not responsible for ongoing administration of the customer's Shopify account.

36. Payment Processing and Payouts

The customer is responsible for establishing and maintaining their own Shopify Payments or other payment-processing account.

Customers are responsible for their own:

Banking information
Payout account
Tax information
Identity verification
Business verification
Payment-processing compliance

Twisted Swag does not control customer Shopify Payments payouts after ownership has transferred.

Payout issues, holds, merchant verification, and payment-processing restrictions may need to be resolved directly by the store owner with Shopify or the applicable payment provider.

37. Domains and DNS

Domain registration is separate from Shopify website-development services unless expressly included.

When Twisted Swag provides domain or DNS assistance, the customer remains responsible for:

Owning the domain
Maintaining renewal
Maintaining registrar access
Providing appropriate permissions
Existing DNS configuration
Email-related records
Third-party restrictions
Registrar requirements

Twisted Swag is not responsible for delays caused by:

Restricted delegated access
Incorrect credentials
Existing website-builder connections
Registrar errors
DNS propagation
Expired domains
Third-party verification
Registrar security restrictions

38. Domain-Based Email

Customers should inform Twisted Swag if their domain is used for email before requesting DNS changes.

Email services may rely on:

MX records
SPF records
DKIM records
DMARC records
TXT records
Other DNS settings

Twisted Swag is not responsible for undisclosed or unknown email configurations.

39. Apps and Integrations

Third-party apps and integrations are governed by their providers.

Unless expressly guaranteed in writing, Twisted Swag does not warrant that a third-party integration will:

Remain available indefinitely
Remain compatible indefinitely
Remain free
Remain unchanged
Operate without interruption

Future app fees are the customer's responsibility unless expressly included.

40. Integration Scope

An integration is included only if it is specifically included in the project scope.

A general Shopify store-development purchase does not automatically include every integration, accounting connection, fulfillment connection, API, or application a customer may later request.

41. Required Customer Access

Customers must provide reasonable access necessary for Twisted Swag to perform purchased work.

Project delays caused by:

Missing credentials
Incorrect permissions
Two-factor authentication
Restricted delegate access
Expired invitations
Account ownership disputes
Failure to approve access

are not Twisted Swag's responsibility.

42. Launch Responsibilities

Unless launch management is specifically included in writing, after ownership transfer the customer is responsible for final launch decisions and operational configuration.

Common post-transfer tasks include:

Selecting a Shopify plan
Configuring payments
Confirming payout information
Reviewing shipping
Reviewing taxes
Connecting domain
Removing storefront password
Testing checkout
Placing a test order
Confirming inventory
Publishing the store

A customer's failure to complete these post-transfer operational tasks does not mean completed website-development services were not delivered.

43. Ongoing Support and Maintenance

Store creation does not include unlimited lifetime technical support.

Post-delivery services may require:

A Website Care Package
Consultation
Hourly support
A new project
A separate written support agreement

Unless specifically included, Twisted Swag has no obligation to provide unlimited future:

Training
Troubleshooting
Shopify support
App support
Domain support
Website changes
Maintenance
Business consulting

without additional payment.

44. Post-Delivery Changes

Twisted Swag is not responsible for problems caused after delivery by:

Customer changes
Another developer
Theme modifications
Deleted content
App installations
App removals
Code modifications
DNS modifications
Platform changes
Third-party changes
Changed Shopify settings

Repair work may be separately billable.

45. Customer Delays

If a customer fails to provide information, approval, payment, content, products, credentials, or decisions required to move a project forward, the completion schedule may be extended.

Twisted Swag is not responsible for missed dates caused by customer delay.

46. No Guarantee of Sales or Business Results

Twisted Swag does not guarantee:

Sales
Revenue
Profit
Website traffic
Conversion rates
Search rankings
Customer demand
Social-media engagement
Brand recognition
Fundraising results
Event sales
Business success

A website or creative service is a professional deliverable, not a guarantee of commercial performance.

47. Missed Events or Anticipated Revenue

Unless expressly guaranteed in writing, Twisted Swag is not responsible for anticipated sales, promotions, fundraising revenue, event revenue, marketing opportunities, or other commercial opportunities that a customer expected to generate by a particular date.

GENERAL LEGAL TERMS

48. Twisted Swag Intellectual Property

Unless otherwise stated, original Twisted Swag website content, branding, copy, graphics, layouts, systems, and proprietary materials are owned by or licensed to Twisted Swag.

They may not be copied, scraped, reproduced, republished, redistributed, or commercially exploited without authorization.

49. Ownership of Customer Deliverables

Ownership or licensing rights in custom deliverables are determined by the applicable purchase, written scope, invoice, or project agreement.

Shopify store ownership does not automatically transfer ownership of:

Third-party themes
App software
Licensed fonts
Stock images
Third-party code
Subscription services
Proprietary Twisted Swag tools
Non-transferable licenses

Third-party materials remain subject to their applicable licenses.

50. Privacy

Use of personal information is governed by the Twisted Swag Privacy Policy.

Customers should avoid sending passwords, complete banking credentials, or other highly sensitive information through unsecured communications when secure account-entry or delegated-access methods are available.

51. Reviews and Public Statements

Customers remain free to provide honest reviews and opinions about their experiences.

Nothing in these Terms is intended to restrict rights protected by applicable consumer-review law.

Twisted Swag may respond factually to public claims and may preserve records necessary to protect legitimate business interests.

52. Suspension or Refusal of Service

Twisted Swag may lawfully refuse, suspend, or terminate services for reasons including:

Nonpayment
Fraud concerns
Abusive conduct
Intellectual-property concerns
Unlawful content
Security concerns
Failure to provide required information
Technical infeasibility
Material breach of these Terms

Customers remain responsible for amounts owed for work already performed.

53. Disclaimer of Warranties

To the fullest extent permitted by law, the website and services are provided on an “as is” and “as available” basis except for warranties expressly provided in writing.

Twisted Swag does not warrant uninterrupted website operation, uninterrupted third-party services, or error-free operation of services outside its control.

Nothing in this section excludes warranties or protections that cannot legally be excluded.

54. Limitation of Liability

To the fullest extent permitted by law, Twisted Swag will not be liable for indirect, incidental, consequential, special, exemplary, or punitive damages arising from use of the website, an order, or a service.

This includes, where legally permitted:

Lost profits
Lost sales
Lost opportunities
Lost event revenue
Lost data
Lost goodwill
Business interruption
Marketing losses
Launch-related losses
Third-party platform losses

To the fullest extent permitted by law, Twisted Swag's aggregate liability arising from a particular order or service will not exceed the amount actually paid to Twisted Swag for the particular order or service giving rise to the claim.

55. Indemnification

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Twisted Swag, Inc. and its owners, employees, contractors, officers, and agents from claims, liabilities, damages, losses, expenses, and reasonable attorneys' fees arising from:

Your breach of these Terms
Content you supplied
Your infringement of third-party rights
Your unlawful use of our services
Your violation of applicable law

56. Force Majeure

Twisted Swag is not liable for failure or delay caused by circumstances outside its reasonable control, including:

Supplier interruptions
Carrier delays
Weather
Natural disasters
Power outages
Internet outages
Labor disruptions
Public-health emergencies
Government action
Cybersecurity incidents
Shopify outages
Third-party platform failures
Other events beyond reasonable control

57. Good-Faith Dispute Resolution

Before filing a lawsuit, the parties agree to make a good-faith effort to resolve the dispute through written communication and direct discussion.

A dispute notice should reasonably identify:

The transaction
The issue
The requested resolution
Relevant supporting information

Nothing in this provision prevents a party from seeking urgent legal relief where permitted by law.

58. Governing Law

These Terms are governed by the laws of the State of Arizona, without regard to conflict-of-law rules.

59. Venue

To the extent legally permitted, legal proceedings arising from these Terms or a transaction with Twisted Swag must be brought in the appropriate state or federal court located in Maricopa County, Arizona.

The parties consent to jurisdiction and venue there.

60. Attorneys' Fees and Costs

Where permitted by applicable law or contract, the prevailing party in litigation may recover reasonable attorneys' fees and costs.

61. Severability

If any provision of these Terms is found unlawful, invalid, or unenforceable, the remaining provisions will continue in effect to the fullest extent permitted by law.

62. No Waiver

Failure by Twisted Swag to enforce a provision does not waive that provision or any other right.

63. Assignment

Customers may not assign contractual obligations under these Terms without Twisted Swag's written consent where such consent may lawfully be required.

Twisted Swag may assign its rights and obligations as part of a merger, acquisition, restructuring, sale of assets, or other lawful business transaction.

64. No Partnership or Agency

These Terms do not create a partnership, joint venture, employment relationship, fiduciary relationship, or agency relationship between Twisted Swag and the customer.

65. Entire Agreement

These Terms, together with any applicable:

Quote
Invoice
Product description
Proposal
Statement of work
Intake form
Proof approval
Return Policy
Privacy Policy
Written project-specific terms

constitute the agreement concerning the applicable transaction.

If a specific written project agreement expressly conflicts with these Terms, the more specific written project provision controls for that project.

66. Changes to These Terms

Twisted Swag may update these Terms from time to time.

The version in effect when the applicable transaction occurs will govern that transaction unless the parties expressly agree otherwise in writing.

Updated Terms do not retroactively replace the terms governing a completed earlier transaction merely because a newer version is later published.

67. Survival

Provisions that reasonably should continue after completion, cancellation, delivery, or transfer will survive, including provisions involving:

Payment
Chargebacks
Intellectual property
Delivered services
Refund limitations
Liability
Indemnification
Dispute resolution
Governing law

68. Contact

Questions concerning these Terms may be directed to:

Twisted Swag, Inc.
Phoenix, Arizona
602-482-6900
Customer Support: twistedswag.com

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