Terms of Service
These Terms of Service ("Terms" or "Agreement") constitute a legally binding agreement between Duo Digital Prints ("Company", "we", "us", or "our"), a United States entity, and the merchant ("Merchant", "you", or "your") installing, accessing, or utilizing the DDPOMS Shopify application and microservice hosted at https://app.ddpoms.us.
By installing DDPOMS from Shopify, authenticating the application, or allowing the transmission of store orders through the Service, you signify your acceptance of these Terms. If you do not agree to these Terms, you are prohibited from installing or using the Service and must immediately uninstall DDPOMS.
1. Description of the Service
DDPOMS is a specialized, automated manufacturing gateway for Shopify e-commerce merchants. The application connects your Shopify store to Duo Digital Prints' production facilities, automatically receiving order payloads, parsing line items and shipping addresses, routing orders to printing equipment, and updating fulfillment statuses without requiring manual CSV spreadsheets or manual data entry.
2. Eligibility and Shopify Account Requirements
To install and use DDPOMS, you represent and warrant that:
- You are an authorized representative of a business entity with the legal power and authority to enter into this Agreement.
- Your Shopify store is in good standing and complies with Shopify's Terms of Service and Acceptable Use Policy (AUP).
- You will maintain the security and confidentiality of your Shopify store administrative credentials.
3. Merchant Warranties and Content Restrictions
By connecting your Shopify store to DDPOMS, you represent and warrant that:
- Customer Consents: You have provided all legally required privacy notices and obtained all necessary lawful consents from your customers under applicable United States state and international laws to transfer their contact, order, and postal delivery data to Duo Digital Prints for manufacturing and fulfillment purposes.
- Intellectual Property Compliance: All graphics, designs, logos, artwork, text, and materials submitted to Duo Digital Prints for custom printing are either owned by you or you possess all requisite commercial licenses, permissions, and rights to reproduce and distribute such materials.
- Prohibited Materials: You will not submit orders or content that are unlawful, libelous, defamatory, fraudulent, infringing on third-party trademarks or copyrights, or that violate any applicable federal, state, or local laws of the United States.
4. Data Privacy and Deletion Timelines
Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference.
- Uninstallation: You may terminate your use of DDPOMS at any time by uninstalling the application through your Shopify Admin.
- Shopify 30-Day Erasure Mandate: Upon app uninstallation, API credentials are immediately revoked. In strict adherence to Shopify App Store policies, all merchant and customer records associated with your store will be permanently purged from our servers within 30 days of uninstallation or upon receipt of a
shop/redacterasure notice.
5. Intellectual Property Rights
As between the parties:
- Company Property: Duo Digital Prints retains all right, title, and interest (including all patents, copyrights, trade secrets, trademarks, and other intellectual property rights) in and to DDPOMS, its APIs, code, software, documentation, and the Duo Digital Prints brand.
- Merchant Property: Merchant retains all right, title, and interest in and to merchant trademarks, store branding, and custom print artwork provided for physical fulfillment.
6. Disclaimer of Warranties
7. Limitation of Liability
IN NO EVENT SHALL DUO DIGITAL PRINTS' TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATING TO THIS AGREEMENT OR THE DDPOMS APPLICATION EXCEED THE TOTAL FEES PAID BY MERCHANT TO COMPANY FOR THE DDPOMS SOFTWARE SERVICE IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE CLAIM, OR ONE HUNDRED UNITED STATES DOLLARS ($100.00 USD), WHICHEVER IS LESS.
8. Indemnification
Merchant agrees to defend, indemnify, and hold harmless Duo Digital Prints, its affiliates, officers, directors, employees, and contractors from and against any and all third-party claims, liabilities, losses, damages, judgments, penalties, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:
- Merchant's breach of any provision, warranty, or representation in these Terms;
- Any claim that custom print designs, artwork, or materials submitted by Merchant infringe upon the intellectual property, copyright, trademark, or publicity rights of any third party;
- Merchant's failure to provide required statutory notices or obtain necessary consumer consents under applicable data privacy laws prior to transmitting customer information through the Service.
9. Governing Law, Dispute Resolution, and Class Action Waiver
This Agreement and any dispute arising out of or related to the Service shall be governed by and construed in accordance with the laws of the United States and the State where Duo Digital Prints is headquartered, without regard to conflict of law principles.
10. Miscellaneous Terms
- Entire Agreement: These Terms and the incorporated Privacy Policy constitute the entire agreement between the parties regarding DDPOMS and supersede all prior agreements or representations.
- Severability: If any provision of these Terms is determined to be invalid or unenforceable, such provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force.
- Force Majeure: Neither party shall be liable for delays or failures in performance resulting from causes beyond reasonable control, including acts of God, strikes, power outages, carrier embargoes, or government regulations.
11. Contact Information
If you have questions, notices, or inquiries regarding these Terms of Service, please contact our team:
- Company: Duo Digital Prints
- Official Website: https://duodigitalprints.com/
- Application Gateway: https://app.ddpoms.us/
- Support Email: info@duodigitalprints.com