Terms Of Service

Last Updated: October 29, 2025

OVERVIEW

Welcome to HellaPrints, a curated marketplace powered by HellaPrints LLC (referred to as "HellaPrints," "we," "us," or "our"). HellaPrints provides a platform (the "Services") that allows invited independent designers and artists ("Artists" or "Members") to upload their original art and designs ("Art/Content") and offer them for sale to customers ("Buyers" or "you") on physical products (the "Products"). HellaPrints facilitates the transaction, payment processing, third-party manufacturing, and shipping of the Products.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service (these "Terms") and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

PART I: General Terms & Buyer Provisions

SECTION 1 - ACCESS AND ELIGIBILITY

By agreeing to these Terms of Service, you represent that you are at least sixteen (16) years of age and the age of majority in your state or province of residence, and capable of forming a legally binding contract under applicable law.

SECTION 2 - MEMBERSHIP AND ACCOUNT

You may become a registered Member/Artist of the Services by setting up a password-protected account.

• Account Responsibility: You are solely responsible for maintaining the security of your account credentials and for all activity conducted under your account. You agree not to disclose your password to any other person.
• Refusal: HellaPrints reserves the right, in its sole discretion, to refuse any person from becoming a Member or to terminate an existing account.

SECTION 3 - THE HELLAPRINTS MARKETPLACE SERVICE

HellaPrints acts as a facilitator and independent contractor. Our services enable you to publish and purchase Art/Content, and include the benefits of product fulfillment facilitation, such as payment processing, customer services, and third-party product manufacturing.

When a Buyer purchases a Product, HellaPrints arranges for the physical manufacturing and delivery of that product, based on instructions provided by the Artist and the Buyer.

• Product Representation: We strive to display Product colors and appearances accurately. However, colors may vary due to monitor settings and manufacturing processes. We do not warrant that the appearance or quality of any Products will meet your exact expectations. All Products are subject to change or discontinuation at our sole discretion.
• Order Acceptance: Your order is an offer to purchase. HellaPrints reserves the right to accept or decline your order for any reason at its discretion.
• No Commercial Resale: You represent that your purchases are for personal or household use and not for commercial resale or export.

SECTION 4 - PRICES AND BILLING (BUYERS)

Prices, discounts, and promotions are subject to change without notice. The price charged is the price in effect at the time the order is placed. Posted prices do not include taxes, shipping, handling, customs, or import charges unless otherwise stated.

You warrant that the payment information you provide is accurate and complete, and that you are duly authorized to use such payment method.

SECTION 5 - SHIPPING AND DELIVERY

All delivery times are estimates only and are not guaranteed.

• Risk of Loss: Once Products are transferred to the carrier, title and risk of loss pass directly from the Artist/Manufacturer to you (the Buyer). HellaPrints is not liable for shipping or delivery delays caused by shipping carriers, customs processing, or events outside our control.
• Total Delivery Time: All delivery estimates include both Processing/Production Time and Shipping Transit Time, as detailed in our separate Shipping Policy.

SECTION 6 - RETURNS, REFUNDS, AND EXCHANGE

Your purchases are subject to return or exchange solely in accordance with our Refund Policy, which is incorporated by reference herein.

• Custom Product Exception: Unless explicitly stated otherwise in the Refund Policy (e.g., in cases of manufacturing defects or damage), custom or personalized products cannot be returned or exchanged due to the nature of the Print-on-Demand model.

PART II: Intellectual Property and Marketplace Liability

SECTION 7 - INTELLECTUAL PROPERTY OWNERSHIP (UGC)

This section defines the ownership of all content used on the Services:

• HellaPrints Ownership: All trademarks, brand names, logos (including HellaPrints and HellaPrints LLC), website infrastructure, and underlying software are owned by HellaPrints or its licensors. You must not use such intellectual property without our prior written permission.
• Artist Content Ownership: Artists retain full copyright and ownership rights to the Art/Content they submit or upload to the HellaPrints platform.

SECTION 8 - ARTIST WARRANTIES AND CONTENT SUBMISSION

To use the Services (as an Artist), you must agree to the following:

8.1 Artist Warranties:

When submitting or uploading Art/Content, Artists represent and warrant that:

1. They own all copyrights, trademarks, and other intellectual property rights in the Content, or have all necessary licenses, permissions, and rights required to reproduce, display, and sell the Content worldwide.
2. The Content does not contain material that defames or vilifies any person, people, races, religion or religious group and is not obscene, pornographic, indecent, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable.
3. The Content does not include malicious code, including but not limited to viruses, Trojan horses, worms, time bombs, or any other computer programming routines that may damage or interfere with any system, program, data, or personal information.
4. The Content is not misleading and does not offer or disseminate fraudulent goods, services, schemes, or promotions.

8.2 License Grant to HellaPrints:

By uploading Content, the Artist grants HellaPrints a non-exclusive, worldwide, perpetual, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, display, and create derivative works of the Content for the sole purpose of providing the Services, which includes: manufacturing the Products, facilitating sales, processing payments, and promoting the Products on the HellaPrints website and through external media channels (including social media and advertising networks like Google Shopping).

SECTION 9 - COPYRIGHT AND DMCA COMPLIANCE

HellaPrints respects the intellectual property rights of others and adheres to the Digital Millennium Copyright Act (DMCA) (17 U.S.C. § 512). Our policy is to respond promptly to clear notices of alleged copyright infringement.

9.1 Notification of Infringement (Takedown Notice):

If you believe your copyright has been infringed by an Artist's Content, you must submit a written notification of infringement to our DMCA Agent, containing the following information:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed (or a list of the works at a single online site covered by a single notification).
3. Identification of the URL(s) to the HellaPrints Product or Content allegedly infringing.
4. Your full legal name, address, telephone number, and email address.
5. A statement that you have a good-faith belief that use of the material is unauthorized by the copyright owner, its agent, or the law.
6. A statement, made under penalty of perjury, that the information in the notification is accurate and that you are the copyright owner or authorized to act on behalf of the owner.

9.2 DMCA Agent Contact Information:

• Email for DMCA Notices: [email protected] (Attention: DMCA Agent)
• Mailing Address: 4521 Lakota Trl, Mansfield, TX 76063, USA (Attention: DMCA Agent)

9.3 Counter-Notice Procedure:

If an Artist believes that the Content was removed or disabled by mistake or misidentification, the Artist may file a counter-notice. The counter-notice must be submitted to the DMCA Agent and include:

• The Artist's physical or electronic signature.
• Identification of the material that has been removed and the location (URL) at which the material appeared before it was removed.
• A statement, under penalty of perjury, that the Artist has a good-faith belief that the material was removed or disabled as a result of mistake or misidentification.
• The Artist's name, address, and telephone number.
• A statement consenting to the jurisdiction of the Federal District Court for the judicial district in which the Artist's address is located (or if the Artist is outside the U.S., any judicial district in which HellaPrints may be found), and that the Artist will accept service of process from the person who provided the original DMCA notification.

9.4 Repeat Infringer Policy:

HellaPrints reserves the right to suspend, disable, or terminate the account of any Artist or user who is deemed a Repeat Infringer of copyright or trademark laws, at our sole discretion, regardless of the number of offenses.

PART III: Financial, Liability, and Governing Law

SECTION 10 - SALE PRICE AND FINANCIAL TERMS

10.1 Sale Price Components:

The retail price charged to Buyers for your Products is a marketplace-wide price composed of: (i) the manufacturing fee charged by the third-party manufacturer (cost of goods sold); (ii) HellaPrints' fee for hosting the marketplace and facilitating the transaction (the "Base Amount"); (iii) your designated Artist margin ("Your Earnings"); and (iv) any relevant sales tax (GST, VAT, etc.). Shipping charges will be added separately to the retail price.

10.2 Payment Terms (Artist):

You authorize HellaPrints to collect, hold, and distribute the retail price (the "Sale Proceeds") from Buyers. We are authorized to deduct the Base Amount from the Sale Proceeds before distributing Your Earnings.

10.3 Payment Schedule:

We will pay Your Earnings according to the payment method you select in your account. Payments will be processed on the 15th day of the month, for sales made during the previous calendar month. If the 15th falls on a weekend or public holiday, payments will be processed on the nearest business day.

10.4 Payment Threshold and Forfeiture:

To process payments efficiently, we may set a minimum payment threshold. If Your Earnings do not exceed the applicable threshold, HellaPrints may postpone your payment until the next monthly payment day when the threshold is exceeded. It is your sole responsibility to ensure HellaPrints has current and accurate payment details. If we are unable to pay you because of outdated or incorrect details, we will hold Your Earnings for up to twelve (12) months. If the correct details are not provided within that time, the funds will be forfeited to HellaPrints.

SECTION 11 - TAXATION RESPONSIBILITY

11.1 Seller Identity:

Each sale of a Product over the HellaPrints marketplace is completed between the Artist (Seller) and the Buyer. HellaPrints acts merely as the Artist's Agent in facilitating the sale transaction.

11.2 Artist's Sole Tax Liability:

You, as the Seller of Products over the HellaPrints marketplace, agree that: (i) the amounts distributed to you are deemed inclusive of any taxes; (ii) you are responsible for satisfying all related accounting and audit requirements; and (iii) you are solely responsible for reporting and remitting any transactional tax liabilities (including Sales Tax, VAT, GST, etc.) arising out of the sale of your Products, together with any potential interest or penalties that any tax authority may levy. You are responsible for determining which, if any, taxes apply to the sale of your products.

11.3 Tax Withholding:

HellaPrints will only collect or withhold taxes associated with a transaction on your behalf if and to the extent that applicable local laws or regulations require HellaPrints to do so. In such a case, you authorize HellaPrints to deduct those taxes from amounts otherwise owed to you and pay those taxes to the appropriate taxing authority. You must provide accurate information regarding your tax affairs as HellaPrints reasonably requests.

SECTION 12 - DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO CASE SHALL HellaPrints, our partners, officers, employees, affiliates, or licensors, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, including, without limitation, lost profits, lost revenue, or loss of data, arising from your use of the Services or any Products procured using the Services.

SECTION 13 - INDEMNIFICATION

You (including both Buyers and Artists) agree to indemnify, defend, and hold harmless HellaPrints, HellaPrints LLC, Shopify, and our affiliates, from any claims, damages, liabilities, or costs (including reasonable attorneys' fees) arising out of or related to:

1. Your breach of these Terms of Service.
2. Your violation of any law or the rights of a third party.
3. (FOR ARTISTS ONLY): Any allegation that the Art/Content you submitted infringes or otherwise violates the copyright, trademark, trade secret, or other intellectual property rights of any third party.

SECTION 14 - GOVERNING LAW AND DISPUTE RESOLUTION

These Terms of Service and any separate agreements shall be governed by and construed in accordance with the federal and state laws of USA, where HellaPrints is headquartered.

SECTION 15 - CHANGES TO TERMS OF SERVICE

We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 16 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at [email protected]. For all formal legal notices, please contact the DMCA Agent as specified in Section 9.2.