Terms of Service
- Introduction
- Your Agreement to These Terms of Service
- Use of Service
- Account
- Payments
- Termination
- About These Terms of Service
- Legal Terms
Introduction
Welcome to the printpanel.app site operated by Dusty Bit Software, ("Dusty Bit Software", "we", "us" or "our"). Please read these Terms of Service carefully. This constitutes a legal agreement between you and the services operated by Dusty Bit Software, consisting of this website available at https://www.printpanel.app, and software applications, products, or any other services offered by Dusty Bit Software (collectively as the "Dusty Bit Services").
Your Agreement to These Terms of Service
When using the Dusty Bit Services, you will be subject to these Terms of Service whether you are a unregistered or registered user with an account on the Dusty Bit Services. You agree that by clicking "Install", "Sign Up" or otherwise registering, accessing, or using the Dusty Bit Services, you are entering into a legally binding agreement between you and Dusty Bit Software regarding your use of the Dusty Bit Services. You acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree to these Terms of Service, do not access or otherwise use any of the Dusty Bit Services.
Use of Service
Print Panel is an app for Shopify merchants to create, organize, and manage color related data offered in the merchant's product catalog. Merchants (collectively as "Users", or "you") are hereby granted a limited, non-transferable right to access and use the Dusty Bit Services in compliance with these Terms of Service to the extent permitted under all applicable local, state, provincial, national and other laws, rules, and regulations. We do not permit you to resell, distribute, modify, or create derivative works from, any part of the Dusty Bit Services except as expressly permitted or intended on the service. We reserve all rights not expressly granted in these Terms of Serivce.
Account
Registration and Security
When creating a new account, you may be asked to provide personal information such as an email and password, and you are solely responsible for maintaining the confidentiality of that data. If you permit others to use your account credentials, you agree to these Terms of Service on behalf of all other persons who use the Dusty Bit Services under your account or password, and you are responsible for all activities that occur under your account or password. Please ensure the information you provide to the Dusty Bit Services is at all times true, accurate, current, and complete to the best of your knowledge.
Third-Party Accounts
Dusty Bit Software may permit you to register for and log on to the Dusty Bit Services via certain third-party services. The third party’s collection, use, and disclosure of your information will be subject to that third-party service’s privacy notice. Further information about how Dusty Bit Software collects, uses, and discloses your personal information when you link your Dusty Bit Software account with any third-party service can be found in our Privacy Policy.
Age Restrictions
To use the Dusty Bit Services, you must be at least 13 years of age, or the legal age of majority where you reside. Otherwise you may use the Dusty Bit Services under the supervision of a legal parent or guardian who agrees to be bound by these Terms of Service. To provide a donation to a creator, you must be at least 18 years old or have your legal parent or guardian's permission. In any event, you may not use the Services if you are under the age of 13.
Payments
Processing
The Dusty Bit Services may collect a monthly subscription fee using third-party payment processors. We use third-party gateways and processors to collect funds for the exclusive purpose of processing payments on the Dusty Bit Services. Dusty Bit Software is not a Money Transmitter or Money Services Business and the Dusty Bit Services do not and will not provide banking or any other financial services.
Fees
We may charge you a fee when we process payments. Fee amounts may vary. Other charges may include but are not limited to taxes, processing fees, and royalty fees.
Refunds
A refund request may be submitted via email to support@printpanel.app. Please include your name and storefront domain when submitting the request.
Termination
Dusty Bit Software reserves the right to terminate your use of the Dusty Bit Services at any time in our sole discretion, without notice, and to the full extent permitted by applicable law. Account termination may occur where can reasonably determine (a) your use of Dusty Bit Services violates these Terms of Service; (b) you misuse the Dusty Bit Services; or (c) we are unable to provide Dusty Bit Services due to technical or business reasons.
About These Terms of Service
Entire Agreement
These Terms of Service and any policies or operating rules posted by us on the Dusty Bit Services constitues the entire agreement between you and us.
Modification
We reserve the right to change, modify, or remove the contents of these Terms of Service at any time or for any reason at our sole discretion.
Waiver
Our failure to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms of Service will be effective only if in writing and signed by the relevant party. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Dusty Bit Services.
Severability
If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions.
Survival
Upon termination of these Terms of Service, any provision which, by its nature or express terms should survive, will survive such termination or expiration.
Assignment
We reserve the right to assign any or all of our rights and obligations to others at any time without restriction. Any assignment attempted to be made in violation of this Terms of Service shall be void.
Legal Terms
Warranty disclaimers
THE DUSTY BIT SERVICES IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE DUSTY BIT SERVICES AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE DUSTY BIT SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE DUSTY BIT SERVICES CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE DUSTY BIT SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS ON THE DUSTY BIT SERVICES, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE DUSTY BIT SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE DUSTY BIT SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE DUSTY BIT SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE DUSTY BIT SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE DUSTY BIT SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Indemnification
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys fees and expenses, made by any third party due to or arising out of: (1) use of the Dusty Bit Services; (2) breach of these Terms of Service; (3) any breach of your representations and warranties set forth in these Terms of Service; (4) your violation of the rights of a third-party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Dusty Bit Services with whom you connected via the Dusty Bit Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE DUSTY BIT SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.