Effective Date: January 19, 2024
Using Printercow Means Accepting These Terms
These Terms of Service (the “Terms”), in conjunction with our Privacy Policy and the Data Processing Addendum incorporated herein by this reference (the “DPA”), constitute the entire agreement between Printercow (“Printercow”, “We”, “Us”, or “Our”) and you (“You”, “Your”, or the “User”). These Terms govern Your access to and use of the printercow.com website (the “Site”), the Printercow web application, any desktop applications and/or the Printercow services (collectively, the “Service”).
By accessing or using the Service, You acknowledge that You have read and agreed to these Terms, so please read them carefully. We may update these Terms from time to time. Unless otherwise required by law, We will notify You of such changes by posting the updated Terms to the Site and updating the “Effective” date above. We may also notify you by sending an email notification to the address associated with Your account or providing notice through the Service. Unless We say otherwise in our notice, the updated Terms will take effect from the “Effective” date above. Once any updated Terms are in effect, You will be bound by them if You continue to access or use the Service. If You do not agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 20 and any updates to these Terms, You must stop accessing and using the Service.
In addition to these Terms, We may ask You to accept additional terms that apply to specific features, products, or services. To the extent any additional terms conflict with these Terms, the additional terms govern with respect to Your access to or use of the applicable feature, product, or service.
You must be at least 18 years of age or older to access or use the Service. If You are accessing or using the Service on behalf of another person or entity, You represent that You are authorized to accept these Terms on that person or entity’s behalf and that the person or entity agrees to be responsible to Us if You or the other person or entity violates these Terms.
You acknowledge and agree that Printercow may send You electronic communications, which may include notices related to Your account and/or the Service. You agree that any notices, agreements, disclosures, or other communications that We send to You electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.
You may need to be a registered user to access certain features of the Service. You must provide accurate account information to register for an account and promptly update this information if it changes. You are responsible for keeping Your password secure, and You are solely and strictly liable for any activity that occurs under Your user name. You must not share Your account and/or user credentials and You must maintain the security of Your account. You also agree not to access, or attempt to access, other user's accounts and/or data. If You discover or suspect that someone has accessed Your account without Your permission, You must promptly notify Us.
Please refer to our Privacy Policy Privacy Policy for information about how we collect, use, and disclose information about you.
Printercow is dedicated to providing a reliable printing platform. To ensure the quality and stability of the Service, there are certain types of uses and behaviors that we do not allow. When you access or use the Service, you agree to use the Service in accordance with this Acceptable Use Policy.
You will not use Printercow to do or promote anything illegal. You will not violate any applicable law, contract, intellectual property, or other third-party right or commit a tort, and You are solely responsible for Your conduct while accessing or using the Service.
Without limiting any other right or remedy of Printercow, we may not allow the following types of use:
You also will not:
You must comply with all applicable laws and regulations in Your use of the Service, including but not limited to any data protection, privacy, and consumer protection laws relevant to the content you are printing or the recipients of your printed output. You represent and warrant that you have a lawful basis for processing and sending content for printing through the Service to Your recipients.
We reserve the right to suspend or terminate your account for, among any other reason in our sole discretion, violation of the provisions of this Section 5 or any applicable law, rule or regulation.
Any questions, comments, suggestions, ideas, original or creative materials, or other information You submit about Printercow or Our products or the Service (collectively, “Feedback”), is non-confidential and will become the sole property of Printercow. We will own exclusive rights, including, without limitation, all intellectual property rights, in and to Feedback and will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to You.
You agree that We may, but have no obligation, to identify You as a customer of Printercow and that Printercow may, in its sole discretion, refer to You by name, trade name, trademark, logo, and other proprietary marks or words, and may describe Your business, in Our marketing or publicity materials, on the Site, and in press releases or other public statements. You hereby grant Printercow a nonexclusive, royalty-free, worldwide, fully-paid, and sub-licensable license to use Your name and any of Your trade names, trademarks, logos, and other proprietary marks or words pursuant to this Section 7.
Our Service and the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans, and other content contained therein (collectively, the “Printercow Content”) are owned by or licensed to Printercow and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, Printercow and Our licensors reserve all rights in and to the Service and the Printercow Content. You acknowledge and agree that Printercow owns all right, title, and interest in and to the Service, including without limitation all intellectual property rights. You are hereby granted a limited, nonexclusive, non-transferable, non-sublicensable, revocable license to access and use our Service and the Printercow Content in accordance with the Terms for (i) Your own personal use or (ii) if You are a business or organization, to use the service for printing purposes related to your business or organization. However, such license is subject to these Terms and does not include any right to (a) sell, resell, or commercially use the Service or Printercow Content; (b) copy, reproduce, distribute, publicly perform, or publicly display Printercow Content, except as expressly permitted by Us or Our licensors; (c) modify the Printercow Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of the Service or Printercow Content; (d) use any data mining, robots, or similar data gathering or extraction methods; and (e) use the Service or Printercow Content other than for their intended purposes. Any use of the Service or Printercow Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein.
We may display content, advertisements, and promotions from third parties through the Service (“Third-Party Content”). We do not control, endorse, or adopt any Third-Party Content, and We make no representations or warranties of any kind regarding such Third-Party Content, including, without limitation, regarding its accuracy or completeness. You acknowledge and agree that Your interactions with third parties providing Third-Party Content are solely between You and such third parties, and that Printercow has no responsibility or liability for any Third-Party Content. If Printercow requires You to accept additional terms, conditions, or obligations in connection with Your use of third-party services or third-party integrations (“Third-Party Terms”), We will provide You advanced notice and obtain Your authorization or acceptance of such Third-Party Terms, which shall include Your continued use of such services or integrations.
We may also provide You with access to certain services, features, or functionality offered by a third party in connection with the Service. Use of any such services, features, or functionality will be subject to separate terms of service between You and such third party, and not these Terms. The third-party provider, and not Printercow, will be solely responsible for providing You with such services, features, or functionality.
Printercow has a zero tolerance policy for chargebacks. Any customer who disputes a credit card payment that is found to be valid will be permanently banned from using the Service.
Printercow may use a third-party payment processor to process payment transactions. By enabling payment, You agree to be bound by the separate terms of service applicable to the third-party payment processing services. You acknowledge and agree that all information submitted in connection with Your payment is separately collected, processed, and stored by the third-party payment processor and is subject to the third-party payment processor’s privacy policy. Printercow reserves the right to change or add third-party payment processors at any time. PRINTERCOW WILL NOT BE RESPONSIBLE FOR AND WILL HAVE NO LIABILITY IN RESPECT OF ANY SERVICES PROVIDED BY THE THIRD-PARTY PAYMENT PROCESSOR.
By providing a credit card or other payment method that We accept, You represent and warrant that You are authorized to use the designated payment method. In addition, You authorize Us (or Our third-party payment processor) to charge Your payment method for the total amount of Your charges (and applicable taxes and other charges). If the payment method cannot be verified, is invalid, or is otherwise not acceptable, Your account may be suspended until Your payment is processed. You must resolve any problem We encounter in order to proceed.
You acknowledge that the amount billed may vary due to promotional offers, changes to Your usage or changes in applicable taxes or other charges, and You authorize Us (or Our third-party payment processor) to charge Your payment method for the corresponding amount.
WE DO NOT CONTROL, ENDORSE, OR TAKE RESPONSIBILITY FOR ANY CONTENT OR THIRD-PARTY SERVICES MADE AVAILABLE ON OR LINKED TO BY THE SERVICE. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, PRINTERCOW DOES NOT REPRESENT OR WARRANT THAT THE SERVICE IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. WE DO NOT REPRESENT, WARRANT OR COMMIT TO ANY DELIVERABLES, RESULTS, OUTCOMES, OR BENEFITS OF ANY KIND WITH RESPECT TO OUR PERFORMANCE OR YOUR USE OF THE SERVICE. WHILE PRINTERCOW ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SERVICE SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SERVICE OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICE. AS BETWEEN YOU AND PRINTERCOW, YOU WILL BE SOLELY RESPONSIBLE FOR RESPONDING TO AND HONORING ALL REQUESTS RELATING TO THE RIGHTS OF YOUR DATA SUBJECTS AND THEIR PERSONAL INFORMATION PURSUANT TO AND IN ACCORDANCE WITH APPLICABLE DATA PROTECTION LAWS.
WITHOUT LIMITING THE FOREGOING, THE SERVICE IS NOT DESIGNED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING WITHOUT LIMITATION OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION/COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, AND LIFE SUPPORT OR WEAPONS SYSTEMS. IF SOMEONE'S LIFE DEPENDS ON YOUR USE OF THE SERVICE, PLEASE DO NOT USE THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF PARTICULAR WARRANTIES, AND, TO THAT EXTENT, THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT YOU LIVE IN A JURISDICTION THAT REFUSES TO ENFORCE THE FOREGOING DISCLAIMERS, PRINTERCOW DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, TO THE EXTENT PERMITTED BY LAW.
IN NO EVENT WILL PRINTERCOW OR THE OTHER PRINTERCOW PARTIES BE LIABLE TO THE USER OR THIRD PARTIES FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF PROFITS, OR LOSS, CORRUPTION, AND/OR ALTERATION OF DATA) UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN AN ACTION IN CONTRACT, TORT, EQUITY, NEGLIGENCE, WARRANTY, STRICT LIABILITY, OR OTHERWISE, EVEN IF PRINTERCOW OR THE OTHER PRINTERCOW PARTIES HAVE BEEN ADVISED ON THE POSSIBILITY OF USE DAMAGES.
USER VOLUNTARILY ENGAGES IN THE ACTIVITY OF INTERNET USE AND BEARS THE RISKS ASSOCIATED WITH THAT ACTIVITY. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE DONE TO YOUR COMPUTER OR YOUR DATA THAT RESULTS FROM SUCH ACTIVITY. IN NO EVENT WILL PRINTERCOW HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR UNAUTHORIZED ACCESS TO OR USE, ALTERATION, CORRUPTION, THEFT, OR DESTRUCTION OF YOUR DATA AND/OR YOUR ACCOUNT.
THE TOTAL LIABILITY OF PRINTERCOW AND THE OTHER PRINTERCOW PARTIES IS EXPRESSLY LIMITED FOR ANY REASON AND UPON ANY CAUSE OF ACTION TO THE AMOUNT YOU ACTUALLY PAID, IF ANY, BY YOU TO PRINTERCOW FOR THE SERVICE DURING THE THREE MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU CLAIM THE CAUSE OF ACTION ACCRUED.
SOME JURISDICTIONS' LAWS PROHIBIT THE FOREGOING LIMITATION OF LIABILITY PROVISION. TO THE EXTENT THAT YOU LIVE IN A JURISDICTION THAT REFUSES TO ENFORCE THE FOREGOING PROVISION, PRINTERCOW'S LIABILITY IS LIMITED TO THE GREATEST EXTENT ALLOWED BY THE LAW OF THAT JURISDICTION.
To the fullest extent permitted by applicable law, You agree to indemnify, defend, and hold harmless Printercow, our parent, subsidiaries, and affiliates, and each of our respective officers, directors, agents, partners, and employees (individually and collectively, the “Printercow Parties”) from and against any loss, liability, claim, demand, damages, expenses, including without limitation attorneys' fees, or costs (“Claims”) arising from or related to Your printing content, Your Feedback, Your access to or use of the Service and/or any breach of these Terms by You. You further agree to defend, indemnify, and hold harmless Printercow Parties from all Claims arising from or related to any claims by third parties that Your printing content or Your access to or use of the Service infringes upon, violates, or misappropriates any of their intellectual property rights or discloses their proprietary information or any other of their rights (including without limitation privacy rights). You agree to promptly notify Printercow Parties of any third-party Claims, cooperate with Printercow Parties in defending such Claims, and pay all fees, costs, and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You also agree that Printercow Parties will have control of the defense or settlement of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Printercow or the other Printercow Parties.
To the fullest extent permitted by applicable law, you release Printercow and the other Printercow Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. You expressly waive any rights you may have under California Civil Code § 1542 as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
We reserve the right, without notice and in our sole discretion, to terminate Your account at any time and for any reason. In the event of termination, You will lose all data related to Your account. An account terminated by Printercow will not be backed-up for any reason and will be immediately terminated from Printercow's servers, and will not be eligible for any refunds of monies paid. Printercow is not responsible for any loss or harm related to your inability to access or use the Service.
The Service may allow You to create, post, store, and share communications or other content for printing. As between You and Printercow, you are fully and solely responsible for the creation and substance of this content, notwithstanding any comments, suggestions, or advice We may provide. Except for the license You grant below, You retain all rights in and to Your content, as between You and Printercow. You grant Printercow a nonexclusive, royalty-free, worldwide, fully-paid, and sub-licensable license to use, reproduce, adapt, publish, translate, distribute, and display Your printing content to the recipients or audience designated by you or otherwise in accordance with the settings you specify in the Service. As a part of the Service, We may view, copy, and internally use printing content to train and improve the Service, including its functionality and effectiveness, as well as to detect issues. You may not create, post, store or share any content that violates these Terms, or for which You do not have all the rights necessary to grant Us the license described above.
By accessing or using the Service, You consent to the processing, transfer, and storage of information about you in and to the United States and other countries, where you may not have the same rights and protections as you do under local law.
The receipt and use of the Service may be subject to export control and economic sanctions laws of the United States and other applicable jurisdictions (“Export Control and Sanctions Laws”). You agree to abide by all Export Control and Sanctions Laws as they relate to Your access and use of the Service. You will not, directly or indirectly, access or use the Service if You are located in a jurisdiction where the provision of the Service is prohibited by law (a “Prohibited Jurisdiction”), including without limitation Cuba, Iran, North Korea, Syria, and the Crimea region. You also will not provide access to or allow the use of the Service by any government, entity or individual: (a) located in any Prohibited Jurisdiction; or (b) identified on the U.S. Treasury Department’s list of Specially Designated Nationals, the U.S. Department of Commerce’s Denied Persons List or Entity List, or subject to any other expert control or economic sanctions lists or programs. You represent and warrant that: (a) You are not named on or subject to any government sanctions programs or list of persons or entities prohibited from receiving U.S. exports, or engaging in transactions with any U.S. person; (b) You are not located in, or a company registered in, any Prohibited Jurisdiction; and (c) You will comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which you are located.
You will comply with all applicable United States and international anti-corruption and anti-bribery laws and regulations, including the U.S. Foreign Corrupt Practices Act, the U.K. Bribery Act, and others as they relate to your access to and use of the Service. You acknowledge that You have not received or been offered any illegal or improper bribe, kickback, payment, gift, or thing of value in connection with these Terms.
If acquired by any agency of the U.S. Government, such agency acknowledges that (a) the the Service constitute “commercial computer software” or “commercial computer software documentation” for purposes of 48 C.F.R. §12.212 and 48 C.F.R. §227.7202, as applicable; and (b) such agency’s rights are limited to those specifically granted under these Terms.
Neither party shall be responsible for any failure to perform, or delay in performing any of its obligations under these Terms, where and to the extent that such a failure or delay results from causes outside the control of such party. Such causes shall include, without limitation, failures caused by a third-party service, acts of God or of the public enemy, acts of the government in its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, freight embargoes, strikes, civil commotion, or the like.
Please read the following section carefully because it requires You to arbitrate certain disputes and claims with Printercow and limits the manner in which You can seek relief from us.
Except for small claims disputes in which You or Printercow seek to bring an individual action in small claims court located in the county of Your billing address or disputes in which You or Printercow seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, You and Printercow waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or the Service resolved in court. Instead, all disputes arising out of or relating to these Terms or the Service will be resolved through confidential binding arbitration held in Cook County, Illinois in accordance with the Streamlined Arbitration Rules and Procedures (“Rules“) of the Judicial Arbitration and Mediation Services (“JAMS“), which are available on the JAMS website and hereby incorporated by reference. You either acknowledge and agree that You have read and understand the rules of JAMS or waive Your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
You and Printercow agree that any dispute arising out of or related to these Terms or the Service is personal to You and Printercow and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action, or any other type of representative proceeding.
You and Printercow agree that these Terms affect interstate commerce and that the enforceability of this Section 23 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding, or preside over any proceeding involving more than one individual. You and Printercow agree that for any arbitration You initiate, You will pay the filing fee and Printercow will pay the remaining JAMS fees and costs. For any arbitration initiated by Printercow, Printercow will pay all JAMS fees and costs. You and Printercow agree that the state or federal courts of the State of Illinois and the United States sitting in Cook County, Illinois have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
You agree that regardless of any statute or law to the contrary, any claim or cause of action that You may wish to assert related in any manner to the Service or these Terms must be filed within one (1) year after such claim or cause of action accrued or be forever barred, which means that You and Printercow will not have the right to assert the claim.
You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section 23 by emailing us at hello@printercow.com. In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 24.
These Terms and your access to and use of the Service will be governed by and construed and enforced in accordance with the laws of State of Illinois, without regard to conflict of law rules or principles (whether of Illinois or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of Illinois and the United States, respectively, sitting in Cook County, Illinois; provided, however, that any disputes or proceedings arising under the DPA shall be governed by its terms, including with respect to choice of law and jurisdiction.
If any provision or part of a provision of these Terms is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
These Terms constitute the entire agreement between You and Printercow relating to Your access to and use of the Service. Any additional or different terms proposed by You in any purchase order, request for proposal, or other document are hereby objected to by Printercow and shall be void. The failure of Printercow to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. These Terms may not be assigned or transferred by You except with our prior written consent. These Terms may be executed and delivered electronically and in one or more counterparts, each of which shall, when taken together, constitute a single document.
