These Terms of Service ("Terms") govern your use of pakgenie.com and any related pages, tools and services, including the PakGenie design studio (together, the "Site"), and your purchase of products from PAKGENIE CORP, a New York corporation ("PakGenie", "we", "us" or "our").
By using the Site or placing an order, you agree to these Terms, our Privacy Policy, our Shipping Policy and our Refund & Cancellation Policy, which are part of these Terms. If you do not agree, please do not use the Site or place an order.
1. Who can use the Site
You must be at least 18 years old and able to enter into a binding contract to place an order. If you order on behalf of a business or other organization, you confirm that you are authorized to accept these Terms on its behalf, and "you" includes that organization.
2. Our products
PakGenie sells custom printed packaging and print products, including cups, bags, pouches, boxes, labels, stickers, cards and related items (the "Products"). Every Product is made to order using the design you provide or create on the Site.
Product photos, mockups and design previews on the Site are for illustration. Sample designs shown on product pages are examples only, and your Product will carry your own design.
3. Orders
Placing an order. You place an order by choosing a Product, its options and quantity, adding your design (or choosing to send artwork later), and completing checkout. Minimum order quantities are shown on each product page and are generally 1,000 units per design.
Order acceptance. Your order is an offer to buy. We accept it when we confirm it by email or begin preparing your proof. We may decline or cancel any order, for example if a Product is unavailable, a price or description was shown in error, we suspect fraud, or the design does not comply with these Terms. If we cancel an order after you have paid, we will refund you in full.
Accuracy. You are responsible for giving us accurate order, contact, billing and delivery information.
4. Prices, payment and taxes
All prices are in US dollars. Prices shown on product pages include standard shipping within the United States unless stated otherwise. Express shipping, where offered, is charged separately and shown before you pay.
Payment is processed at checkout by our e-commerce and payment providers. We do not store your full card details. You authorize us and our providers to charge the payment method you choose for the total amount of your order.
Sales tax and other applicable taxes are calculated at checkout based on your delivery address, unless you provide a valid exemption certificate before ordering.
We may change prices at any time. Price changes do not affect orders we have already accepted. If a Product is listed at an incorrect price because of an error, we may cancel the order and refund you, or contact you to confirm the correct price before proceeding.
Discount codes are subject to the terms shown with the offer, cannot be combined unless stated, have no cash value and may be withdrawn at any time. First-order codes are limited to one use per customer.
5. Your designs and content
Your responsibility. You are solely responsible for all artwork, logos, text, images, prompts and other material you upload, create or submit through the Site ("Your Content"), including its accuracy, spelling, legal compliance and fitness for your intended use.
Rights you confirm. By submitting Your Content, you confirm that you own it or have all rights, licenses and permissions needed for us to reproduce it on Products, and that it does not infringe any copyright, trademark, privacy, publicity or other right of any person, and does not violate any law.
License to us. You grant PakGenie a non-exclusive, worldwide, royalty-free license to use, copy, modify (for example, to resize or prepare it for print), and reproduce Your Content as needed to create proofs, produce and deliver your order, provide support and keep records. We will not use Your Content in our marketing without your permission.
Prohibited content. We will not print, and you may not submit, content that is unlawful, infringing, defamatory, obscene, hateful, harassing, threatening, or that promotes violence or illegal activity, or that we reasonably consider inappropriate. We may refuse or cancel an order containing such content, with a refund of any amount paid.
Labeling and regulatory requirements. If your packaging must carry specific information (for example ingredients, allergens, nutrition facts, warnings, net contents or recycling claims), you are responsible for making sure that information is complete, accurate and compliant with the laws where your products are sold.
6. AI design tools
The Site includes tools that generate design suggestions and artwork using artificial intelligence ("AI Tools"). When you use the AI Tools:
- Your prompts and uploads are processed by our technology providers to generate results.
- Results are generated automatically and may be similar to content generated for other users. We do not guarantee that AI-generated results are unique, original, or free of third-party rights.
- You are responsible for reviewing any results you choose to use, and for making sure they are suitable for your business, including checking that they do not infringe anyone's trademarks or other rights before you print them.
- Subject to these Terms and the rights of others, you may use the designs you create with the AI Tools on Products you order from us and for your business.
7. Proofs and approval
For each design, we send you a digital proof showing your artwork on the Product's print area. Please check it carefully, including spelling, numbers, website addresses, layout, sizing and colors. You may request changes before you approve.
Approval is final. When you approve a proof, you confirm that the design, text and layout are correct, and production begins. We are not responsible for errors that appear in a proof you approved.
If you do not respond. If we cannot obtain your approval or the artwork we need within 60 days of your order, we may cancel the order and refund the amount paid, less any costs we have already incurred, as set out in our Refund & Cancellation Policy.
8. Production and print variations
Custom printing involves natural variation. You agree that the following are normal and do not make a Product defective:
- Color. Printed colors may differ from how they appear on your screen or in a proof, and may vary between materials, print runs and production batches. Screens display color differently from ink on paper, plastic or fabric.
- Materials. Paper, board, kraft, fabric and film vary naturally in shade, texture and finish. Kraft and other uncoated materials change how ink colors appear.
- Size and position. Small variations in dimensions, cut, fold and print position are within normal manufacturing tolerances.
- Quantity. Delivered quantities may vary slightly from the quantity ordered due to the manufacturing process. If we deliver more than 5% fewer units than you paid for, we will refund the shortfall on a pro-rata basis.
9. Shipping, title and risk
We ship to addresses in the United States. Delivery estimates and terms are set out in our Shipping Policy. Delivery times are estimates and are not guaranteed. Title to and risk of loss for the Products pass to you when they are delivered to the address you provided.
10. Cancellations, returns and refunds
Because every Product is custom made, Products cannot be returned for a change of mind. You may cancel free of charge before you approve your proof. If your order arrives damaged, defective or different from your approved proof, please tell us within 7 days of delivery. Full details are in our Refund & Cancellation Policy.
11. Accounts
If you create an account, you are responsible for keeping access to your email account secure and for all activity under your account. Tell us promptly at hello@pakgenie.com if you believe your account has been used without your permission.
12. Acceptable use of the Site
You agree not to: use the Site for any unlawful purpose; attempt to gain unauthorized access to the Site or its systems; interfere with or disrupt the Site; use automated means to scrape, copy or overload the Site; reverse engineer any part of the Site; or misuse the AI Tools, including to create content that violates these Terms or the rights of others.
13. Our intellectual property
The Site, including its design, text, graphics, photos, software, the PakGenie name and logo, and all other content we provide (excluding Your Content), is owned by or licensed to PakGenie and is protected by intellectual property laws. You may not use our name, logo or content without our written permission, except to the extent needed to use the Site as intended.
14. Disclaimers
Except as expressly stated in these Terms, the Site and the AI Tools are provided "as is" and "as available". To the fullest extent permitted by law, PakGenie disclaims all other warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. We do not warrant that the Site will be uninterrupted, error-free or free of harmful components, or that AI-generated results will be accurate, unique or fit for your purpose.
Our sole obligation for Products that are defective or that do not match your approved proof is set out in our Refund & Cancellation Policy.
15. Limitation of liability
To the fullest extent permitted by law, PakGenie and its officers, directors, employees and suppliers will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, business, goodwill or data, arising out of or relating to the Site, the AI Tools, the Products or these Terms, even if we have been advised of the possibility of such damages.
To the fullest extent permitted by law, our total liability for any claim arising out of or relating to an order is limited to the amount you paid us for that order, and for any other claim relating to the Site, to one hundred US dollars (US$100).
Some jurisdictions do not allow certain limitations of liability, so some of these limitations may not apply to you.
16. Indemnity
You agree to defend, indemnify and hold harmless PakGenie and its officers, directors, employees and suppliers from any claims, losses, liabilities, damages, costs and expenses (including reasonable attorneys' fees) arising out of or relating to Your Content, your use of the Products, your violation of these Terms, or your violation of any law or the rights of any third party.
17. Governing law and disputes
These Terms are governed by the laws of the State of New York, without regard to its conflict of laws rules. Any dispute arising out of or relating to these Terms, the Site or the Products will be brought exclusively in the state or federal courts located in New York County, New York, and you and PakGenie consent to the personal jurisdiction of those courts. Before filing any claim, you agree to contact us at hello@pakgenie.com and try in good faith to resolve the dispute informally for at least 30 days.
18. Changes to these Terms
We may update these Terms from time to time. The updated Terms will be posted on this page with a new "Last updated" date. Changes apply to orders placed and use of the Site after the update. Your continued use of the Site after changes are posted means you accept the updated Terms.
19. General
If any provision of these Terms is found unenforceable, the rest will remain in effect. Our failure to enforce any right is not a waiver of that right. You may not transfer your rights under these Terms without our consent. We are not responsible for delays or failures caused by events beyond our reasonable control, such as natural disasters, carrier or supplier disruptions, labor actions, or government actions. These Terms, together with the policies they reference, are the entire agreement between you and PakGenie about their subject matter.
20. Contact us
PAKGENIE CORP
Email: hello@pakgenie.com