Terms of Service

1. Who can use the Platform

You must be at least 18 years old and able to enter into a binding contract. If you use the Platform on behalf of a company or brand, you confirm that you are authorized to bind it, and "you" means that company or brand.

The Platform is a business-to-business service: you buy production and fulfillment from us and sell finished goods to your own customers. We are your manufacturer and fulfillment partner; we are not a party to the sale between you and your customers.

2. Your account

You are responsible for the accuracy of the information on your account, for keeping your password and API keys confidential, and for everything done through your workspace. Tell us right away at sales@nycfactoryinc.com if you believe your account has been accessed without permission.

One workspace serves one brand. You may not share an account, sell access to it, or use the Platform to resell our production to third parties as though it were your own service without a written agreement with us.

We may suspend or close an account that violates these Terms, that has unpaid balances, that files chargebacks on valid charges, or that we reasonably believe is being used for fraud or infringement. Open orders are handled under Section 16.

3. What we do

We manufacture apparel to your specifications — direct-to-garment printing, embroidery, screen printing and related finishing — on blanks from our catalog, at our facility at 1109 Grand Ave, Unit #3, North Bergen, NJ 07047, and ship each order to the address you give us. Orders are blind-shipped: your brand appears on the packing slip and shipping label, and no NYC Factory branding is included in the package unless you ask for it.

You decide what to sell, at what price, through which store, and how to describe it. You are the seller of record to your customers and you are responsible for your storefront, product listings, customer service, returns policy toward your customers, and all taxes that apply to your sales.

We may change the catalog, blanks, colors, sizes, print methods, add-ons and pricing from time to time. Changes do not affect orders already in production.

4. Orders and production

Each order you place — from the workspace, through a connected store, or through the API — is an offer to buy production and fulfillment at the price shown when you place it. We accept the order when we begin production. We may decline or hold an order for a missing or unusable file, an incomplete address, a failed payment, a content concern (Section 5) or a stock issue, and we will tell you why on the order page and by email.

Production times are estimates, not guarantees. Orders received by 12:00 pm Eastern on a business day normally enter production the same day; most single-item DTG orders ship within 2–3 business days. Embroidery, specialty finishes, large quantities and peak seasons take longer. The expected ship date is shown on every order; see the Shipping & Production Policy.

You can cancel or change an order only before production starts. Once a garment has been printed, embroidered or cut for you, it cannot be cancelled, changed or returned, because it was made to your order.

Every piece is made from the files you approved. Please check mockups, sizes, colors and the print-zone placement before you order — we print what the file says, including typos.

5. Your artwork and content standards

You keep ownership of the artwork, text, logos, photos and other content you upload or generate on the Platform ("Content"). You grant us a non-exclusive, worldwide, royalty-free license to store, copy, resize, convert, print, embroider and otherwise use your Content solely to provide the Platform to you — to produce your orders, render mockups and print files, display your Content in your workspace, and keep records we are required to keep.

You are solely responsible for your Content. You confirm that you own it or hold every right needed to have it produced and sold, that it does not infringe anyone's copyright, trademark, right of publicity or other rights, and that it complies with the law where you sell.

• Not allowed: content you do not have the rights to — including characters, logos, team and league marks, brand names, album art, celebrity likenesses and other people's photographs used without permission.
• Not allowed: counterfeit goods, and designs intended to be confused with another brand's products.
• Not allowed: content that is unlawful, defamatory, threatening, sexually explicit, that promotes violence or hatred against a person or group, or that targets minors.
• Not allowed: content that is misleading about where or how the goods were made, or claims a certification or endorsement that does not exist.

We may refuse, remove or cancel any Content or order that we believe breaks these standards or the law, without liability to you, and we may close the accounts of repeat offenders. We do not pre-screen every design and are not responsible for Content we did not create.

Copyright and trademark complaints. If you believe Content on the Platform infringes your rights, email sales@nycfactoryinc.com with the subject "IP complaint" and include: a description of the work or mark, where the infringing content appears (order number, product or design link), your contact details, a statement that you have a good-faith belief the use is not authorized, a statement under penalty of perjury that your notice is accurate and that you are the owner or authorized to act for the owner, and your physical or electronic signature. We act on valid notices, may notify the merchant, and terminate repeat infringers.

6. AI design studio

The design studio can generate and transform images with third-party artificial-intelligence models. You choose the prompts and reference images and you are responsible for them and for what you do with the results, which are your Content under Section 5. Do not ask the studio for copyrighted characters, brand marks, real people or content that breaks Section 5; requests that our providers or we reject are not refunded.

AI-generated images are created from patterns in their training data. We make no promise that a result is unique, that it can be protected as your intellectual property, or that it does not resemble something that exists. Similar prompts from different merchants can produce similar results.

Generations are counted against the allowance of your plan or against purchased credits. Generations that were produced are used, whether or not you print them. We may change models, providers, limits and pricing for the studio.

7. Prices, payment and plans

The price of an order is the price shown when you place it: the blank, the print or embroidery, add-ons and labels, shipping, and any applicable tax. Prices are in US dollars. Plan discounts apply at the moment the order is placed.

Card on file. When we receive an order we charge the payment method on your account. Payments are processed by Stripe; we never store your full card number. If a charge fails the order waits, and we tell you; it enters production once it is paid. A wallet balance from refunds or credits is applied before your card.

Plans. Monthly plans (Basic, Designer, Bulk Pro) are billed in advance on the day you subscribe and renew automatically each month until cancelled. You can cancel at any time from the Plans page; the plan stays active until the end of the period you paid for, and we do not refund partial months. If a renewal payment fails we may downgrade your account to no plan after notifying you. Plan prices and what each plan includes may change with at least 30 days' notice; the change applies from your next renewal.

Credits and wallet. Refunds we issue and promotional credits are kept as a wallet balance on your account. Wallet balances are not transferable and have no cash value except where the law requires; refunds of a purchase can be returned to your original payment method on request.

Disputes. Contact us before opening a chargeback — we resolve production problems under the Reprint & Refund Policy. A chargeback filed on a valid charge may lead us to suspend the account until it is resolved.

Taxes. You are responsible for sales taxes, VAT, duties and other taxes on your sales to your customers, and for providing a valid resale certificate where you claim a resale exemption on purchases from us. Where the law requires us to collect tax on our sales to you, we add it to the order.

8. Shipping and delivery

We ship with the carriers and services shown at checkout or chosen by us for the destination. Risk of loss and title pass to you when the carrier accepts the package. Delivery dates are the carriers' estimates. You are responsible for the accuracy of shipping addresses, whether you typed them or they came from your store. Packages returned to us as undeliverable are handled under the Shipping & Production Policy.

9. Reprints, refunds and returns

Because every piece is made to order, we do not accept returns for change of mind, wrong size ordered, or a design you no longer like. If a piece has a print defect, is the wrong item, is damaged in transit or is missing, report it from the order page within 30 days of delivery with photos and we will reprint it at no charge or refund it, as described in the Reprint & Refund Policy. That policy is the exclusive remedy for production problems.

10. Store integrations

When you connect a store (for example by installing the NYC Factory app on Shopify) you authorize us to access your store's data — the products we publish, orders that contain our products, and the shipping details of the customers who placed them — and to write products and fulfillments back to it, so that orders can be produced and shipped without manual work. We use that data only to provide the Platform, as described in the Privacy Policy.

You remain responsible for your store: its settings, its customer notices, its terms with your customers and its compliance with the store platform's rules. We are not responsible for outages, changes or errors of the store platforms, carriers, payment processors or other third-party services the Platform relies on. Disconnecting or uninstalling the app stops the sync; products already published stay in your store.

11. Branding, labels and private-label services

You are responsible for the content of the neck labels, hang tags, inserts and packaging you supply or design, including fiber content, country-of-origin and care information required by the FTC and the laws where you sell. Garments we make are cut, sewn and decorated at our New Jersey facility unless the product page says otherwise; ask us before making any origin claim about a specific blank.

Woven labels and private-label packaging are produced to your artwork after you approve a proof and may take additional time on the first order.

12. Our intellectual property

The Platform — its software, design, text, illustrations, the design studio, presets, brush sets, effects, mockup templates and documentation — belongs to NYC Factory or its licensors and is protected by copyright, trademark and other laws. We grant you a limited, revocable, non-transferable license to use it to run your brand through the Platform. You may not copy, resell, reverse-engineer, scrape, or build a competing service from it, or use our name and marks without written permission. Print files we render from your Content are yours to use for orders placed with us.

If you send us feedback or suggestions we may use them without obligation to you.

13. API keys and automation

API keys give the same rights as your account. Keep them secret, rotate them if they leak, and do not exceed reasonable request volumes. We may throttle or revoke keys that harm the Platform.

14. Warranties and disclaimers

We promise to produce your orders with reasonable care and skill, in accordance with these Terms and the policies they reference. Beyond that, the Platform and our services are provided "as is" and "as available", and we disclaim all other warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement, to the extent the law allows.

Printed and embroidered colors vary between screens, garments, dye lots and print methods; garment measurements have normal manufacturing tolerances; blanks may be substituted with an equivalent when a supplier changes them. None of these is a defect.

15. Limitation of liability

To the fullest extent permitted by law, NYC Factory and its officers, employees and suppliers are not liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, sales, data or goodwill, arising out of or related to the Platform or these Terms, even if advised of the possibility. Our total liability for all claims in any twelve-month period is limited to the amount you paid us for the orders giving rise to the claim during the three months before the event. Nothing in these Terms limits liability that cannot be limited by law.

16. Indemnification, suspension and termination

You will defend and indemnify NYC Factory against claims, losses and expenses (including reasonable attorneys' fees) arising from your Content, your products, your store, your breach of these Terms, or your violation of any law or of someone else's rights.

You may close your account at any time from Account settings or by emailing sales@nycfactoryinc.com. We may suspend or terminate the Platform, or your access to it, for breach, non-payment, legal risk or if we discontinue the service, with notice where practical. On termination we finish or cancel open orders at our discretion (paid orders in production are completed and shipped), unpaid balances remain due, and Sections 5, 7, 12 and 14–18 survive.

17. Governing law and disputes

These Terms are governed by the laws of the State of New Jersey, without regard to its conflict-of-law rules. Before filing a claim, you agree to contact us at sales@nycfactoryinc.com and give us 30 days to resolve it informally. Any dispute that is not resolved will be brought exclusively in the state or federal courts located in Hudson County, New Jersey, and both parties consent to their jurisdiction. Either party may seek injunctive relief to protect its intellectual property in any court of competent jurisdiction.

18. General

Changes. We may update these Terms. We will post the new version here with a new effective date and, for material changes, email account holders or show a notice in the workspace at least 14 days before they take effect. Continuing to use the Platform after that date means you accept the change; if you do not, close your account before it takes effect.

Notices to you go to the email on your account. Notices to us go to sales@nycfactoryinc.com or to 1109 Grand Ave, Unit #3, North Bergen, NJ 07047.

Force majeure. Neither party is liable for delays caused by events beyond its reasonable control — including carrier disruptions, supplier shortages, power or internet outages, weather, labor disputes, epidemics and government actions — for the duration of the event.

Assignment. You may not assign these Terms without our consent; we may assign them to an affiliate or a successor to our business.

Entire agreement. These Terms and the policies they reference are the whole agreement between us about the Platform and replace prior agreements. If a court finds a provision unenforceable, the rest remains in force. Our failure to enforce a provision is not a waiver.

19. Contact

NYC Factory Inc. · 1109 Grand Ave, Unit #3, North Bergen, NJ 07047 · sales@nycfactoryinc.com. Visits by appointment — see Contact & visit.