Terms and Conditions

Effective Date: 09/15/2025

Company: Olasty (“Olasty,” “we,” “us,” “our”).

Service: Olasty provides an e-commerce site builder for artists with optional integrations to print-on-demand (“POD”) providers, payment processors, and other third-party tools (the “Service”).

Agreement: These Terms & Conditions (the “Terms”) are a binding contract between Olasty and the person or entity using the Service (“Artist,” “you,” “your”). By creating an account, connecting third-party services, publishing a site, or using any part of the Service, you agree to these Terms. If you use the Service on behalf of an organization, you represent you have authority to bind that organization and “you” refers to that organization.

1) Eligibility; Account Security

You must have capacity to enter into contracts and must comply with all applicable laws and regulations. You are responsible for: (a) all activity under your account; (b) configuring roles, permissions, and access controls; and (c) maintaining the confidentiality and security of your credentials and API keys. You must promptly notify us of any suspected unauthorized access or security incident affecting your account or integrations.

2) Nature of the Service; Merchant of Record; No Legal, Tax, or Compliance Advice

The Service provides website-building tools and technical integrations only. Olasty:

• is not a marketplace, vendor, reseller, broker, fulfillment house, escrow, or payment processor; and
• is not a party to any transaction between you and your buyers, POD providers, payment processors, or other third parties.

You are the sole merchant of record for your store and are exclusively responsible for: product listings and legality, pricing and fees, shipping, taxes, refunds, cancellations, chargebacks, customer communications, regulatory compliance, and your own site policies. Olasty does not provide legal, tax, financial, or compliance advice and you may not rely on the Service as such.

Providing technical infrastructure — including hosting assets on shared domains or storage, sending transactional emails or notifications, or exposing links that reference Olasty-controlled resources — does not make Olasty a publisher of Artist Content or a party to, or responsible for, any transaction between you and any buyer or Third-Party Service.

3) Your Content; License to Olasty

You retain all rights in artworks, images, designs, text, and other content you upload (“Artist Content”). You grant Olasty a worldwide, non-exclusive, royalty-free, sublicensable license to host, cache, store, reproduce, transmit, display, and otherwise process Artist Content:

• to provide, maintain, secure, and support the Service;
• to transmit orders and files to POD providers or other services you connect;
• to detect, investigate, and enforce against abuse, fraud, or violations of these Terms; and
• to comply with applicable law, regulation, or law-enforcement requests.

4) High-Resolution Artwork; No Bailment; Risk Allocation

The Service may require or allow you to upload high-resolution or production-ready files. While we implement commercially reasonable technical and organizational safeguards, no system is 100% secure and no shared infrastructure is risk-free.

Olasty does not accept any bailment, custodial, fiduciary, or trust obligations with respect to Artist Content. You are solely responsible for:

• deciding what files to upload and retain;
• using low-resolution previews publicly where desired;
• storing and backing up your own master files; and
• any DRM, watermarking, or access controls beyond what the Service technically offers.

“Artwork Exposure Claim” means any claim, loss, or liability relating to unauthorized access to, disclosure, leakage, or misuse of Artist Content. To the maximum extent permitted by law, Olasty will not be liable for any Artwork Exposure Claim arising out of or relating to: (i) your configurations, collaborators, devices, networks, or plugins; (ii) third-party services (including POD providers); (iii) credential theft or compromise (except to the limited extent directly and solely caused by our failure to implement commercially reasonable safeguards); or (iv) force majeure or events beyond our reasonable control. Any remaining liability is subject to Section 16 (Limitation of Liability).

5) Prohibited Content; Enforcement; Cooperation with Law Enforcement

You must not use the Service (including any site, file storage, or integrations) to upload, publish, sell, promote, or transmit:

• any material involving child sexual abuse or exploitation, minors in sexualized contexts, or content that is illegal or reportable under applicable law;
• obscene, pornographic, or sexually explicit content where prohibited by law or by our policies as updated from time to time;
• content that is hateful, harassing, or incites violence; or
• any content we reasonably determine may expose us or others to legal, regulatory, or significant reputational risk (even if not unlawful in your jurisdiction);
• malware, phishing, fraud, or any content that violates third-party rights (including IP and privacy rights) or applicable law.

We may (but are not obligated to) monitor, review, or scan use of the Service (including shared infrastructure such as hosting or object storage) to detect violations. We may immediately suspend or terminate accounts, remove content, block access, preserve evidence, and report to law enforcement or affected parties where we suspect illegal or abusive activity, without prior notice and without liability to you.

We have a zero-tolerance policy for any material involving child sexual abuse or exploitation. We may immediately disable access to such content, suspend or terminate associated accounts and domains, preserve and provide information to competent authorities, and otherwise cooperate with law enforcement.

We do not undertake to monitor all content and are not responsible for content posted by you or your users. You remain solely responsible for all Artist Content and activity under your account.

6) Third-Party Services (POD, Apps, Analytics, etc.)

The Service interoperates with third-party services you choose to enable (including POD providers, analytics, apps, and tools) (“Third-Party Services”). Third-Party Services are governed solely by their own terms and privacy policies. Olasty does not control, endorse, or warrant Third-Party Services, and is not responsible for their actions, omissions, availability, pricing, quality, or security.

By enabling a Third-Party Service, you authorize Olasty to exchange data with it as reasonably necessary to operate that integration for you. You are solely responsible for selecting, configuring, and maintaining all Third-Party Services.

7) Payment Gateways; Stripe; Keys & Credentials; Allocation of Risk

No Funds Held; Not a Payment Processor. Payment processing for your store is performed by the payment processors you choose (e.g., Stripe) under your direct agreements with them. Olasty does not hold, control, or have custody over customer funds, and is not a “payment institution” or “money transmitter” under applicable law.

Merchant Responsibilities. You are solely responsible for:

• creating, maintaining, and securing your payment accounts;
• your compliance with card network rules, processor terms, and KYC/AML obligations;
• configuring prices, currencies, taxes, shipping, discounts, and refunds correctly;
• verifying that your store’s integration (including test mode and live mode) behaves as intended before going live; and
• all chargebacks, disputes, refunds, fines, reserves, and processor actions.

Credentials. If integrations require API keys, tokens, webhook secrets, or similar (“Credentials”), you grant Olasty a limited license to store and use them solely to operate the Service for your account. We store Credentials in encrypted form and restrict access on a need-to-know basis, but you acknowledge no method is infallible. You must:

• use server-side keys with least-privilege scopes;
• rotate/revoke Credentials upon suspicion of compromise;
• keep webhook endpoints available and secure; and
• enable multi-factor authentication where offered.

Payment Errors and Disputes. To the maximum extent permitted by law:

• you are solely responsible for testing, reviewing, and confirming the accuracy of all prices, taxes, shipping, discounts, and payment flows, and you assume all risk of incorrect, duplicate, failed, reversed, delayed, or missing charges, settlements, or payouts (including chargebacks and related consequences) arising from your configurations, your products, your pricing, your use of Third-Party Services, or your decision to rely on the Service;
• Olasty is not liable for processor or network decisions, including reserves, holds, account closures, or penalties; and
• your exclusive remedy for a payment-integration error directly and solely caused by the Service is: (A) our re-performance of the relevant technical function; or (B) if re-performance is not feasible, a pro-rated credit or refund of Service fees for the affected period, subject to Section 16.
• in no event will Olasty have any obligation or liability to your buyers, payment processors, or other third parties for any payment error or dispute; as between you and Olasty, you are solely responsible for such relationships and outcomes, and any remedy you may have against Olasty is strictly limited as set out in this Section 7 and Section 16.

8) Orders, Fulfillment, and POD Forwarding

You authorize Olasty to forward order details and associated files to the POD providers and other Third-Party Services you connect. Olasty does not control and is not responsible for:

• print quality, color accuracy, or materials;
• production or shipping errors, delays, losses, or customs issues;
• incorrect or unintended orders resulting from your product setups, pricing, or integration rules; or
• stock, availability, or business practices of any POD provider.

All obligations to end-customers (including refunds, replacements, and legal compliance) rest solely with you and, where applicable, your POD provider.

You are solely responsible for configuring and verifying product mappings, variants, pricing, files, and fulfillment rules. Olasty will forward to POD providers and other Third-Party Services the order information generated by your configurations, and Olasty is not responsible for any incorrect or unintended orders or costs resulting from those configurations.

9) Acceptable Use (General)

You will not:

• attempt to bypass or interfere with security, rate limits, or Service stability;
• reverse engineer or misuse APIs beyond documented behavior;
• use the Service for fraud, scams, money laundering, or other unlawful purposes; or
• host content that infringes IP or violates privacy or publicity rights.

We may suspend or restrict the Service where we reasonably believe a breach, security risk, or legal risk exists.

10) IP Representations; Takedowns

You represent and warrant that:

• you own or have rights to all Artist Content and products; and
• your use of the Service will not infringe any IP or other rights or violate any law.

We may remove or disable access to allegedly infringing or unlawful material and may terminate accounts of repeat infringers, in our sole discretion and without liability.

11) Data Protection; Roles

As between you and Olasty:

• you are the independent controller (or equivalent) for personal data of your buyers collected via your store; and
• Olasty acts as your processor/service provider only to the extent it processes such data on your behalf to provide the Service.

For data we collect directly from you (e.g., account details), Olasty is an independent controller. Where required, a separate data processing addendum may supplement these Terms.

12) Security

Olasty implements commercially reasonable administrative, technical, and physical safeguards designed to protect the Service. You are responsible for:

• the security of your devices, browsers, networks, and plugins;
• choosing secure configurations and access controls within the Service; and
• backing up your content and data.

You acknowledge no method of transmission or storage is completely secure, and you accept this risk.

Use of shared or multi-tenant infrastructure (including shared hosting, IP addresses, or object storage) may mean that technical identifiers associated with your store reference Olasty-controlled resources; this does not create any additional obligations for Olasty beyond those expressly stated in these Terms.

13) Fees; Taxes; Free Use

You will pay any fees disclosed in an order form or pricing page. Except where expressly stated, fees are non-refundable. We may change pricing prospectively with reasonable notice.

You are responsible for all taxes, duties, and government charges related to your use of the Service and your sales, excluding taxes on Olasty’s net income.

If you use the Service free of charge for any period, then for such period, and to the fullest extent permitted by law, Olasty’s total aggregate liability for all claims is limited to one hundred U.S. dollars (US$100).

14) Suspension; Termination; Data Retention

We may suspend or terminate your access (in whole or in part) immediately if:

• you materially breach these Terms;
• your use creates security, legal, or reputational risk;
• required by law, court order, or a regulator; or
• you fail to pay applicable fees.

You may terminate at any time by closing your account. Upon termination, your right to use the Service ceases. We may delete or anonymize your data after a reasonable retention period, except where we are legally required or permitted to retain it. Sections 3–7, 9–11, 13–21 survive termination.

15) Disclaimers

THE SERVICE (INCLUDING BETA FEATURES, INTEGRATIONS, AND SHARED INFRASTRUCTURE) IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, OLASTY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.

WITHOUT LIMITING THE FOREGOING, OLASTY DOES NOT WARRANT AND IS NOT RESPONSIBLE FOR: (A) THIRD-PARTY SERVICES; (B) YOUR CONFIGURATIONS OR CODE; (C) LOSS, DUPLICATION, OR MISROUTING OF ORDERS OR PAYMENTS; OR (D) PREVENTING ALL UNAUTHORIZED ACCESS, DATA BREACHES, OR CONTENT LEAKS.

16) Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OLASTY WILL NOT BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES;
• LOSS OF PROFITS, REVENUE, CUSTOMERS, GOODWILL, OR DATA; OR
• COST OF SUBSTITUTE GOODS OR SERVICES,

ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OLASTY’S AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE IN ANY TWELVE (12) MONTH PERIOD WILL NOT EXCEED THE AMOUNTS ACTUALLY PAID BY YOU TO OLASTY FOR THE SERVICE DURING THAT PERIOD FOR THE ACCOUNT GIVING RISE TO THE CLAIM, OR US$100 IF NO AMOUNTS WERE PAID. THESE LIMITATIONS APPLY ON A CUMULATIVE BASIS AND EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

17) Indemnification

You will defend, indemnify, and hold harmless Olasty and its affiliates, officers, directors, employees, and agents from and against all claims, demands, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

• Artist Content, including alleged infringement or illegal content;
• your store, products, marketing, or business practices;
• your use or misuse of the Service or any Third-Party Services;
• Credentials, payment processing, charges, refunds, or chargebacks;
• your relationships or disputes with POD providers or other Third-Party Services; or
• your violation of law or these Terms.

18) Changes to the Service or Terms

We may modify the Service or these Terms to reflect changes in technology, law, or our business. For material changes, we will provide notice by reasonable means (e.g., via the Service or email). Your continued use after the effective date of updated Terms constitutes your acceptance.

19) Governing Law; Venue; Waivers

These Terms are governed by the laws of the State of Delaware, USA, without regard to its conflict-of-laws rules. The parties consent to exclusive jurisdiction and venue in the state and federal courts located in Delaware, and waive any objection to such forum.

TO THE FULLEST EXTENT PERMITTED BY LAW, EACH PARTY WAIVES THE RIGHT TO PARTICIPATE IN CLASS OR REPRESENTATIVE ACTIONS AND AGREES TO BRING CLAIMS ONLY IN ITS INDIVIDUAL CAPACITY. EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL.

20) Export; Sanctions; Anti-Corruption

You represent that you are not located in, organized in, or ordinarily resident in any embargoed jurisdiction and are not a denied or restricted party. You will comply with all applicable export, re-export, sanctions, and anti-corruption laws in connection with your use of the Service.

21) Miscellaneous

These Terms constitute the entire agreement between you and Olasty regarding the Service and supersede all prior or contemporaneous understandings. If any provision is held unenforceable, the remaining provisions will remain in full force. You may not assign or transfer these Terms without our prior written consent; we may assign to an affiliate or in connection with a merger, acquisition, or sale of assets. No waiver is effective unless in writing signed by Olasty. No third party is an intended beneficiary of these Terms.

The disclaimers and limitations of liability in these Terms reflect an agreed allocation of risk between the parties and form an essential basis of the bargain. You are responsible for obtaining any insurance appropriate for your operations.

22) Notices

Notices to Olasty must be delivered via our Contact Form. Notices to you may be provided via the Service, email, or the contact details associated with your account.

23) Definitions

Capitalized terms not defined in context have the meanings given in these Terms. “Third-Party Services” include POD providers, payment processors, analytics, applications, and integrations you enable. “Credentials” include API keys, tokens, and webhook secrets used to operate those integrations.

End of Terms.