Terms and Conditions
Contact UsThese Terms & Conditions of Use and Sale (the "Terms") govern your access to and use of the company store located at https://swag.modisoft.com (the "Storefront"), which is operated by Modisoft Inc. ("Brand," "we," "our," or "us") and fulfilled in partnership with Everything With Ink, LLC d/b/a Swagify.com ("Swagify"), which provides the underlying platform, manufacturing, fulfillment, and shipping services for the Storefront.
IMPORTANT — PLEASE READ CAREFULLY. These Terms contain disclaimers of warranties, limitations of liability, and a binding arbitration and class-action waiver (Section 22). By accessing, using, or placing an order through the Storefront (or by phone or email), you agree to be bound by these Terms.
The Storefront offers custom, made-to-order products (including apparel, headwear, drinkware, signage, and promotional goods) branded for and on behalf of the Brand. Products are produced, fulfilled, and shipped by Swagify and its production partners.
Custom Goods = All Sales Final. Because items are produced to order and to your specifications, they are not resellable and are non-cancellable and non-refundable once production begins (see Sections 10, 15, and 17). Custom manufacturing carries inherent tolerances — minor variances in color, position, sizing, and finish are normal and not defects (see Sections 18–19).
By using the Storefront, you affirm that you are of the age of majority in your jurisdiction and have legal capacity to enter into a binding contract, and you agree to these Terms. If you are placing an order on behalf of an organization, you represent that you have authority to bind that organization to these Terms.
The Brand's and Swagify's privacy practices governing this Storefront are described in the Privacy Policy posted at https://swag.modisoft.com/privacy-policy, which is incorporated into these Terms by reference.
Consent to Communications. By providing your contact information and agreeing to these Terms, you consent to receive order-related communications (including confirmations, proof requests, shipping updates, and customer-service messages) and, where you have opted in, marketing communications, by email and/or SMS. Message and data rates may apply.
Opt-Out. You may opt out of marketing communications using the unsubscribe link in any email, by replying STOP to any SMS, or by contacting support@swagify.com or privacy@swagify.com.
All content on the Storefront — including text, images, logos, designs, and product mockups — is protected by intellectual property laws and is owned by the Brand, by Swagify, or by their respective licensors. You may not copy, scrape, reverse-engineer, hack, frame, or use the Storefront in any unlawful manner. We may suspend or terminate accounts that violate these Terms.
If the Storefront requires you to create an account, you must provide accurate, current, and complete information and maintain the confidentiality of your credentials. You are responsible for all activity under your account and must promptly notify us of any unauthorized use.
We may modify, suspend, or discontinue any portion of the Storefront, any product, or any pricing at any time without notice. Some products may be limited in quantity, region, or availability.
Payment is due in full before production begins. We accept the payment methods shown at checkout. By submitting payment, you represent that you are authorized to use the payment method and that sufficient funds are available. Orders flagged as high-risk or with mismatched billing/shipping details may require verification before production timelines start. We are not responsible for delays caused by payment-verification issues.
Applicable sales, use, or similar taxes will be collected where required by law based on your shipping destination. If you claim a tax exemption, you must provide valid exemption documentation prior to production; otherwise tax will be charged.
An order confirmation is an acknowledgment of receipt and is not acceptance of your order. We may refuse, cancel, or require additional information for any order in our sole discretion (with a refund if cancelled before production). You are responsible for providing accurate email and shipping addresses and for monitoring spam filters for production-critical communications, including proof requests.
- Online changes: Only within the very short window after order placement, if available.
- Phone/email orders: Changes only before payment is processed.
- Rush orders: No changes after placement.
- Cancellations: Not permitted after production begins. If a discretionary cancellation is approved before production, materials and administrative fees may apply.
- Re-orders: May reflect normal industry variances in color, ink, thread, position, and finish relative to prior orders.
Stated lead times are in business days and exclude shipping transit. Production timelines begin only after (i) payment clears and (ii) either you have approved the proof (if a proof was requested) or you have authorized production without a proof (see Section 17). Holidays, supply-chain disruptions, and proof-approval delays may extend timelines. Only rush production, where expressly purchased, carries a production-time guarantee, and remains subject to the conditions stated at the time of purchase.
Orders are shipped domestically and internationally via common carriers. Shipping speed is separate from and additional to production time. You are responsible for the accuracy of your shipping address; carrier address corrections or special services (signature required, residential surcharges, remote-area fees) may incur additional charges. Risk of loss and title transfer to you upon delivery of the goods to the carrier.
Carrier delivery confirmation (including unattended delivery scans) is sufficient proof of delivery, with or without signature, unless your order expressly required signature confirmation.
Some products may be produced at different facilities (domestic or overseas) depending on the options selected, capacity, and decoration method. Production sourcing may affect lead times and tolerances. By placing an order, you authorize us to select the appropriate production path.
Custom goods are non-cancellable and non-refundable once production begins. If you believe a genuine manufacturing defect occurred — meaning a defect attributable to production, not (a) the quality or specifications of artwork you supplied, (b) industry-standard tolerances (Sections 18–19), or (c) subjective preference — you must notify us in writing at support@swagify.com within 48 hours of delivery, including clear photographs of the issue and the affected items. If the claim is validated, our sole remedy and your sole entitlement is, at our discretion, repair, replacement, or store credit. Shipping charges are non-refundable.
Absent specific written instructions, we apply standard production defaults — including readability-first fonts, common placements, and proportional scaling within printable areas. Slight location shifts between pieces and across production runs are normal and are not defects.
Proofs are optional and available upon request; a fee may apply as posted at checkout.
- No proof requested: You authorize immediate production based on your files and order details and accept full responsibility for the resulting outcome.
- Proof requested: Production begins only after your written approval of the proof.
- Approval Delay Rule. If proof approval occurs more than 12 hours after the proof is sent to you, the estimated delivery date is extended by one (1) business day for every additional 24 hours of delay. Delayed approvals void any rush or on-time guarantee.
Digital previews are approximations only. Actual colors, proportions, and finishes may vary from on-screen renderings.
Minor variances in color (including Pantone or hex references), position, sizing, thread tension, material finish, and shade are industry-standard tolerances and are not defects. Low-resolution artwork, small text, thin strokes, fine gradients, or complex details may not render crisply — the quality of customer-supplied artwork controls the outcome of the printed or decorated product.
Certain product categories have inherent traits that are not defects when within normal ranges, including but not limited to:
- Glitter, metallic, swirl, or segmented finishes — color blending, sheen variation, and minor shedding.
- Coated drinkware and pulpboard items — finish variation, absorbency, and edge characteristics.
- Embroidery — hoop marks, pull, thread tension, and stitch-count limits.
- Wristbands and one-time-use items — color shift, fading, and clasp tolerances.
- Apparel — wash shrinkage, dye-lot variation, and fit variation across brands and sizes.
Additional category notes are posted on the relevant product pages and are incorporated into these Terms.
EXCEPT AS REQUIRED BY APPLICABLE LAW OR EXPRESSLY STATED IN THESE TERMS, THE STOREFRONT AND ALL PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY OR AVAILABILITY OF THE STOREFRONT.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE BRAND, SWAGIFY, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND CONTRACTORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, OR FOR THE COST OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF OR RELATING TO THE STOREFRONT, THESE TERMS, OR ANY PRODUCT, REGARDLESS OF THE LEGAL THEORY.
CAP. IN ALL EVENTS, THE TOTAL AGGREGATE LIABILITY OF THE BRAND AND SWAGIFY ARISING OUT OF OR RELATING TO ANY ORDER SHALL NOT EXCEED THE AMOUNT YOU ACTUALLY PAID FOR THAT ORDER.
READ CAREFULLY — THIS SECTION AFFECTS YOUR LEGAL RIGHTS. You, the Brand, and Swagify each agree that any dispute arising out of or relating to these Terms, the Storefront, or any product (a "Dispute") will be resolved by binding individual arbitration, except for: (i) qualifying small-claims matters; (ii) actions to enforce intellectual property rights; and (iii) requests for temporary injunctive relief.
Forum & Rules. Arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules (or, for business customers, the Commercial Arbitration Rules), held in Fort Bend County, Texas or by teleconference or document-only proceeding at the arbitrator's discretion. The Federal Arbitration Act governs the interpretation and enforcement of this Section.
Class Action Waiver. No class, collective, mass, or representative actions are permitted. The arbitrator may award relief only on an individual basis and only to the extent necessary to provide relief to that individual claimant.
Pre-Dispute Notice. Before initiating arbitration, the claimant must send a written Notice of Claim describing the Dispute and the relief sought to: legal@swagify.com and Swagify Legal Department, 4855 Alpine Rd., Suite 190, Stafford, Fort Bend County, TX 77477, with a copy to support@swagify.com. If the Dispute is not resolved within 60 days, either party may demand arbitration.
Opt-Out. You may opt out of this arbitration agreement within 30 days of first agreeing to these Terms by sending written notice (including your name, address, account email, and an unequivocal statement that you opt out) to the Swagify Legal Department at the address above.
Judgment on the arbitrator's award may be entered in any court of competent jurisdiction.
You agree to indemnify, defend, and hold harmless the Brand, Swagify, and their respective affiliates, officers, directors, employees, and agents from and against any claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (i) any content, artwork, or files you submit; (ii) your use or misuse of the Storefront or any product; (iii) your breach of these Terms; or (iv) your infringement or violation of any third-party right, including intellectual property, publicity, or privacy rights.
The Storefront may contain links to third-party websites and resources. We are not responsible for the content, policies, or practices of any third party. You should review the terms and privacy policies of any third-party site before engaging with it.
Any photos, ideas, comments, testimonials, or other materials you submit to the Storefront are non-confidential and may be used by the Brand and Swagify on a worldwide, royalty-free, perpetual basis in any media. We may edit, decline to use, or remove any submission at our discretion.
We respect intellectual property rights and will respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. Send notices to:
Swagify Legal — DMCA Agent
Email: legal@swagify.com
Mail: Swagify DMCA Agent, 4855 Alpine Rd., Suite 190, Stafford, Fort Bend County, TX 77477
Notices and counter-notices must contain the elements required by 17 U.S.C. § 512.
For online orders, you may upload artwork at checkout; for phone or email orders, send artwork to your sales representative. Missing, low-resolution, or otherwise unusable artwork will pause production. We may request artwork modifications to proceed; if you do not respond within a reasonable time, we may pause or cancel the order, with refunds depending on the stage of production and materials consumed.
You represent and warrant that you own or have all necessary licenses, rights, consents, and permissions for all artwork, logos, names, likenesses, and other content you submit; that such content does not infringe any third-party right; and that it complies with applicable law. We may refuse or cancel any order for content that is unlawful, infringing, obscene, hateful, defamatory, or otherwise in violation of these Terms.
We will remove or block content we believe in good faith infringes a third party's intellectual property rights. Complaints should be sent to legal@swagify.com with sufficient proof of ownership and identification of the specific URLs or designs at issue. Counter-notices must include all legally required statements and consents.
You consent to receive agreements, notices, disclosures, and other communications from us electronically. Electronic communications satisfy any legal requirement that such communications be in writing.
We are committed to accessibility and aim to align with WCAG 2.1 Level A/AA where feasible. Please report any accessibility barriers to accessibility@swagify.com.
You may not assign or transfer your rights or obligations under these Terms. The Brand and Swagify may each assign these Terms in whole or in part, without notice, including in connection with a merger, acquisition, reorganization, or sale of assets.
Our failure to enforce any provision of these Terms is not a waiver of that or any other provision.
Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and the Brand or Swagify. Swagify acts as the Brand's production, fulfillment, and platform service provider; the Storefront is not operated as a joint enterprise.
If any provision of these Terms is held unlawful or unenforceable, that provision will be enforced to the maximum extent permitted and the remaining provisions will continue in full force and effect.
These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-laws principles. Subject to Section 22 (Arbitration), the exclusive venue for any permitted court action arising out of or relating to these Terms is the state or federal courts located in Fort Bend County, Texas (Sugar Land/Stafford area), and you consent to the personal jurisdiction of such courts.
We may suspend or terminate your access to the Storefront at any time, with or without notice. Provisions that by their nature should survive termination — including those relating to intellectual property, disclaimers, limitations of liability, arbitration, indemnification, and governing law — will survive.
We may update these Terms from time to time. Material changes will be posted on the Storefront with a revised Effective Date. Your continued use of the Storefront after the Effective Date constitutes acceptance of the modified Terms. Orders placed before the Effective Date of any change remain governed by the version of these Terms in effect at the time of order.
These Terms — together with the Privacy Policy and any order-specific terms presented at checkout — constitute the entire agreement between you, the Brand, and Swagify with respect to the Storefront and supersede any prior agreements or understandings on the subject.
Storefront and product inquiries (Brand):
Brand: Modisoft Inc.
Email: support@swagify.com
Platform, fulfillment, legal & DMCA (Swagify):
Everything With Ink, LLC d/b/a Swagify.com
Support: help@swagify.com | Privacy: privacy@swagify.com | Legal/DMCA: legal@swagify.com
Phone: 1-(855) 445-8438
Mailing: 4855 Alpine Rd., Suite 190, Stafford, Fort Bend County, TX 77477
