Terms of Service

1. Using the site

This site is operated by Kinor LLC, a California limited liability company, under the name AI Promo Design. Contact: service@aipromodesign.com.

By placing an order you agree to these terms. You must be 18 or older, or ordering with the involvement of a parent, guardian, or authorized school or organization representative. AI Promo Design is a trading name and may change; these terms carry over.

Using the site without ordering - browsing, or designing in the designer - is also covered by these terms. If you order for a school, team, business or other organization, you confirm you are allowed to place the order for it, and "you" includes that organization.

2. Your account

Your first designs need no account. Making more than that, and keeping your designs from one device to the next, needs a free account - see section 5. Accounts are run by our sign-in provider, Clerk, as set out in the Privacy Policy. Keep your sign-in details to yourself; you are responsible for what is done through your account. Tell us at service@aipromodesign.com if you think someone else has used it.

Children should not create accounts. An adult can order for a child, a class or a team.

We may suspend or close an account that is used to break these terms, to abuse the designer, or to harm other people. You can ask us to close your account at any time.

3. Your artwork and your prompts

You keep ownership of the artwork you upload and the designs you create. By submitting them you give us permission to reproduce them for the limited purpose of generating mockups, printing your order, and fulfilling it through our print partners, and you give us the marketing license described below.

Our license to show what is designed here. By creating, submitting or ordering a design with the designer, you give Kinor LLC a non-exclusive, royalty-free, worldwide license to use, reproduce and display that design, mockups and photographs of products bearing it, and the description you gave the designer, and to adapt them to the format at hand - cropping, resizing, placing on a product or photographing - in order to show and promote our service. That covers our website and any gallery or example pages on it, guides and blog posts, email, organic posts and paid advertising on social media, and printed or digital marketing materials. It applies whether or not you place an order, and to designs made with or without an account. It is for showing what the designer makes: it does not let us sell your design, or products bearing it, to anyone else, or license it to a third party for their own use. Because it is non-exclusive, you keep ownership and remain free to use the same design however you wish. Where a design includes something you uploaded, such as a logo, you confirm that you have the right to grant this license for it too. We will not publish your name, contact details or order details alongside a design without your express consent, and we do not publish names and numbers lists or photographs of real people you uploaded. The license continues until you opt out: email service@aipromodesign.com, before or after ordering, and we will stop using the design and remove it from the channels we control going forward. Material already printed or distributed before your request cannot be recalled.

A design the tool makes for you is yours to use, and not only on a garment. You may use it in your own marketing and advertising - printed material, flyers, signage, packaging, email, your website, and posts on social media, including posts that sell or promote what you do. You do not owe us a fee or a credit for that use, and it does not depend on you placing an order.

Two limits on that, and neither is ours to waive. A design produced by a machine may not qualify for copyright protection in the United States, so we cannot promise you an exclusive right in it or a right to stop somebody else using something similar. And the paragraph below still applies to what went into it: if a design contains a logo, team mark, character, or photograph you do not have the right to use, using it in your marketing is no more permitted than printing it.

You are responsible for having the right to use what you submit. Do not upload logos, team marks, characters, photographs, or other material you do not own or have permission to use. Checking out is your confirmation that you have those rights to everything in the designs you order. We may decline or cancel any order - before or after payment - that appears to infringe someone's rights or that contains hateful, threatening, sexually explicit, or otherwise unacceptable content. Cancelled orders are refunded.

The same goes for people. If a design shows a real person's name, photograph or likeness, you confirm that you have their permission, or a parent's or guardian's for a child, to put it on a product.

4. AI designs and previews

Designs are made by an AI design assistant from what you type and upload. That brings a few things worth knowing before you order:

• Previews are illustrations. Mockups show how a design is placed on a product. They are not photographs of your finished item, and the printed result can differ in color, size and placement within the normal range described in Print Quality and Reprints.
• Colors vary by screen. Every screen shows color differently, and ink on fabric is not light on glass.
• Check the words. AI can get lettering wrong. Read every name, number, date and word in the design before you pay. We print what you approve.
• No guarantee of uniqueness. Someone else may get a similar design from a similar request, and we cannot promise that a design is original to you.
• No trademark clearance. We do not check whether a design, name or slogan conflicts with somebody else's trademark. If you plan to use a design as a brand or logo, get your own advice first.

5. Design allowance

Designing is free, but every design the AI model makes costs us money, so there is a limit on how many you can make:

• Each request that sends your description or picture to the AI model to make artwork counts as one design. A retry the designer asks for itself, because the first result could not be used, is not counted.
• Days and months are counted in Coordinated Universal Time (UTC), so in the United States the daily count starts again in the afternoon or evening rather than at midnight. The monthly count starts again on the 1st.
• Without an account, designs are counted against the internet connection you use, as the Privacy Policy explains, so people sharing a connection - a school or an office - share the ten.
• Reaching the limit takes nothing away. Designs you have made stay saved and can still be ordered, and checkout is not affected.
• We may raise an account's allowance, and we may change the allowance for everyone. The numbers the designer shows you are the current ones.

Getting around the allowance - with extra accounts, automated requests or anything else - is not allowed; see section 6.

6. What you may not upload or create

Beyond the rights rule in section 3, do not use the site to create or order anything that:

• Is hateful, harassing, threatening, or encourages violence
• Is sexually explicit, or sexualizes minors in any way
• Is unlawful, defamatory, or deceptive, including a design that impersonates a real organization or person
• Promotes illegal drugs, weapons trafficking, or other unlawful activity

And do not interfere with the site itself: no scraping, bulk or automated use of the designer, attempts to get around the design allowance, usage limits or safeguards, or attempts to break into accounts or systems.

We decide what counts as unacceptable content, and we may remove designs, decline or cancel orders, or close accounts for it. Cancelled orders are refunded.

7. Copyright and other rights complaints

Copyright notices. We respond to notices of claimed copyright infringement under the Digital Millennium Copyright Act (17 U.S.C. § 512). If you believe material on the site - a design in the gallery, an example on a guide page, or anything else we host - infringes a copyright you own or are authorized to act for, send a written notice to our designated agent, below, that includes:

1. Your physical or electronic signature.
2. The copyrighted work you say is infringed, or a representative list if there are several.
3. The material you say infringes, with enough detail for us to find it - a link to the page is best.
4. Your name, postal address, telephone number and email address.
5. A statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent or the law.
6. A statement that the information in the notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act for the owner.

A notice that leaves out these elements may not be effective. Someone who knowingly misrepresents that material infringes can be liable for damages under 17 U.S.C. § 512(f).

Designated agent.

What we do with a notice. When we receive a notice that meets these requirements, we promptly remove or disable access to the material, and where we can, we tell the person who created the design and send them a copy of the notice. If an order containing the material has not yet been printed, we may cancel it and refund it.

Counter-notices. If a design of yours was removed and you believe that was a mistake or a misidentification, you can send our designated agent a counter-notice that includes:

1. Your physical or electronic signature.
2. The material that was removed and where it appeared before it was removed.
3. A statement, under penalty of perjury, that you have a good-faith belief that the material was removed as a result of mistake or misidentification.
4. Your name, postal address and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the judicial district where your address is - or, if your address is outside the United States, any judicial district in which Kinor LLC may be found - and that you will accept service of process from the person who sent the original notice, or their agent.

We send the counter-notice to the person who sent the original notice. Unless they tell us within 10 business days that they have filed a court action to restrain the infringement, we restore the material 10 to 14 business days after we received the counter-notice.

Repeat infringers. In appropriate circumstances we close the accounts of, and stop accepting designs and orders from, people who repeatedly infringe other people's copyrights.

Trademarks and likenesses. The process above covers copyright only. If a design on the site, or an order we are producing, uses your trademark, or a person's name or likeness, without permission, email service@aipromodesign.com with: who you are, what you own or who is shown, where the design appears or what the order is (if you know), and a statement that the information is accurate. We will look into it promptly and may remove the design or cancel the order.

8. Products and pricing

Prices are listed on the site in US dollars and may change. Every item is printed to order. Garment colors and print colors vary somewhat between screens and fabric, and slight variation in print position is normal for printed apparel.

Printable surfaces vary by item and are limited to what the designer offers for that item. The listed price of an item includes one printed surface; each additional surface is charged at the rate shown in the designer before you order, and is included in the total you approve at checkout. Sizes and colors are limited to what the designer offers at the time you order.

Sales tax is added where the law requires it, worked out from your shipping address and shown before you pay. Shipping within the United States is included in the price, as set out in the Shipping Policy.

If a price on the site is plainly wrong because of a mistake - a typing or system error - we may cancel the order and refund you in full, or offer it to you at the correct price.

9. Discount codes

A discount code is entered in the code box in your cart, before checkout, and applies to that order only. One code per order. A code is not combined with a bulk price: your order gets whichever of the two takes more off, and when the bulk price saving is at least as large, the code is not used. Codes do not apply to polos, which take only their bulk prices; on an order with other items, a code discounts those items and not the polos, and a code that discounts nothing is not used. Codes do not apply to orders placed through a group's storefront.

WELCOME10 and a friend's referral code are for a first order: one per customer, checked against the email you give in the cart, and against your account's orders when you are signed in; that email then becomes the email for that order. REORDER10 is for customers who have ordered before. When a friend's first order comes through your referral code, you receive a reward code worth 15% off one later order; it can be used once, and you cannot use your own referral code. Codes have no cash value, cannot be applied to an order already placed, and may be changed or withdrawn, though a reward code already issued will be honored.

Referral rewards

Every customer has their own referral code, linked to their email, and a link that carries it; they come in your order confirmation and shipping emails unless you have unsubscribed from offers. A friend can type your code in the cart, or open your link, which fills the code in for them for 60 days. Your code gives a friend 10% off their first order.

When a friend's first order is paid with your code, we email you a reward code worth 15% off one later order: one reward for each friend's first order. A reward code works once, follows the same one-code-per-order rule as any other code, and does not apply to orders placed through a group's storefront. We tell you nothing about who your friend is or what they bought.

Share your code with people you know. A reward earned by referring yourself under another email address, or through an order that is not genuine, may be cancelled.

10. Group storefronts

Some schools, teams and clubs run their own storefront on the site. An order placed through one is charged the listed price, less the group's discount if the group has chosen to give one; bulk prices and discount codes do not apply to it. The group can see what its storefront sold, and sees your name and email only if you tick the box at checkout that allows it - see the Privacy Policy.

Your order is a purchase from Kinor LLC: we are the seller, and we make and ship every storefront order. These terms apply to it in the same way as to any other order.

What a group earns, and its choice. A group that runs a storefront earns a share of what it sells, 10% unless we have agreed a different rate with it, like an affiliate commission. The store owner chooses in the store settings what to do with that share: keep it as a commission, give it to everyone who orders from the store as a discount at checkout (shown as "Group discount"), or split it between the two in whole percents, such as 5% off and 5% kept. The discount and the commission always add up to the group's share. The Group discount follows the same exclusions as discount codes (section 9) and does not apply to polos or screen-printed items. Commission is the part the group kept, on merchandise as charged after any discount, with shipping and tax excluded; it is earned once an order ships, is not earned on refunded orders, and is paid every 90 days by PayPal or bank deposit, with a statement. A group that gives its whole share as a discount is paid nothing and does not need to set up payouts or provide tax forms. A change to the choice applies to orders placed after it is saved.

Store owners and their designs. A store goes live as soon as its owner creates it. By opening a store, the owner confirms that they own, or have permission to use, every logo, name and design on it, and is responsible for what is on the store. We may take a store down at any time if we believe it uses someone else's trademark, copyright or likeness without permission. If a store is taken down for that reason before its first payout, the commission it earned is not paid. To report a store, see Copyright and trademark complaints.

11. Schools and organizations

Quotes and purchase orders. If your school, district or organization needs a purchase order, your cart downloads a quote as a PDF, with a number to raise the purchase order against. A quote is valid for 30 days. If a price on it goes up within those 30 days, pay the new price, then email service@aipromodesign.com with the quote number and we will refund the difference. Checkout has an optional field for your PO or reference number, which is kept with the order and shown on your receipt. If you need a W-9, email us. See quotes and purchase orders.

Paying by invoice. If your organization cannot pay by card at checkout, choose Get an invoice in your cart and we will email an invoice for the order, with your PO number on it if you give one. It is paid online, by card or bank transfer, and the order goes to print once it is paid. An invoiced order ships to one address. We do not offer payment terms such as net 30: nothing is printed before it is paid. Prices, discounts, sales tax and these terms are the same as for an order placed at checkout.

When you order for a school, team, business or other organization, section 1 applies: you confirm you are allowed to place the order for it.

Tax-exempt buyers. Checkout adds sales tax where the law requires it, worked out from the shipping address. If your organization is exempt from sales tax in the state the order ships to, or you are buying to resell, you can have that tax refunded:

1. Email a copy of a valid exemption or resale certificate to service@aipromodesign.com - in your organization's name, current, and covering the state the order ships to. Send it before you order, or within 30 days after.
2. Place the order as usual. Checkout will still show the tax.
3. Once we have accepted the certificate, we refund the sales tax charged on that order to your original payment method (for an invoice paid by bank transfer, the bank account it was paid from), and keep the certificate on file so later orders from your organization are refunded the same way while it stays valid.

Whether a purchase is exempt depends on the ship-to state's rules, not on us. Many states - California among them - do not exempt schools or nonprofits from sales tax on what they buy, so a certificate that the state does not recognize for the purchase cannot be accepted. We may decline a certificate that is incomplete, expired, or does not cover the order, and we tell you why when we do.

12. Orders, payment, and shipping

Payment is taken at checkout. Production time estimates are estimates, not guarantees. Risk of loss passes to you when the carrier takes possession. We ship within the United States. See the Shipping Policy for production and transit times, address changes, and what happens to a late or lost parcel.

Checkout and card payments are handled by Stripe. We never see or store your full card number. Your order is placed when payment succeeds, and we confirm it by email. We may decline or cancel an order we cannot fulfill; if we do, you get a full refund.

Please check your order before you pay: garment, color, size, quantity, every name and number, and the shipping address. We print and ship exactly what the order says. How and when you can cancel an order is set out under Cancellations in the Refund Policy.

13. Returns

Custom-printed goods are made for you and are not returnable for a change of mind or a size chosen in error. See the Refund Policy for what we do cover.

Print quality has its own page. Print Quality and Reprints sets out what counts as a defect, which characteristics of direct-to-garment printing are normal rather than faults, and why artwork that is too low-resolution to print well is not something we can reprint for.

14. Our site and our content

The site, the designer, the AI Promo Design name, the Remi character, and the site's text, pictures and code belong to Kinor LLC or the people who license them to us. You may use the site to design and order for yourself or your organization. You may not copy, resell or reuse the site or its content for anything else without our written permission. Your own artwork and designs are covered by section 3, not by this section.

15. Feedback and suggestions

If you send us ideas, suggestions or comments about the site or the designer, we may use them to improve the service without owing you anything for them. This does not cover your artwork or designs, which stay yours under section 3. Sentences the designer could not understand are also kept to improve it, as the Privacy Policy describes.

16. Other companies' services

The site relies on other companies to work: Stripe for payment, Clerk for accounts, print partners who produce and pack your order, and carriers who deliver it. Their own terms and privacy policies also apply to what they do. We are responsible for your order under these terms, but not for outages or policies of services we do not control. Links to other websites are for convenience; we do not run those sites.

17. The service

We may change, suspend or discontinue features of the site. We provide the site "as is," without warranties. To the extent permitted by law, our liability for any order is limited to the amount you paid for that order.

18. Disclaimer of warranties

Apart from what these terms and our Refund Policy, Shipping Policy and Print Quality and Reprints page promise, and to the extent the law allows, we make no other promises about the site, the designer or its output - including that the site will always be available or error-free, that a design will suit a particular purpose, or that it is free of other people's rights. The remedies in those policies are what we offer for a faulty order. Some states do not allow some of these exclusions, so they may not all apply to you.

19. Limitation of liability

To the extent the law allows, Kinor LLC is not liable for indirect or consequential losses, such as lost profits, a missed event, or the cost of replacement goods bought elsewhere. Our liability for any order is limited as set out in section 17. For a claim that is not about an order, our total liability is limited to the amount you paid us in the 12 months before the claim. Nothing in these terms limits liability that cannot be limited by law.

20. Indemnification

If someone makes a claim against Kinor LLC or our print partners because of artwork, names, photographs or other material you submitted, or because you broke these terms, you agree to cover the reasonable costs of that claim, including legal fees. We will tell you about the claim and let you take part in dealing with it.

21. Things outside our control

We are not responsible for delays or failures caused by things we cannot reasonably control, such as carrier disruption, severe weather, outages at our suppliers, or shortages of a garment or color. If one affects your order we will tell you, and if we cannot fulfill it you get a full refund.

22. Export and sanctions

We sell and ship only within the United States. You may not use the site or order from it if you are located in a country or region subject to comprehensive United States sanctions, or if you are named on a United States government list of restricted parties, such as the Treasury Department's Specially Designated Nationals list.

23. Governing law

These terms are governed by the laws of the State of California and applicable United States federal law, without regard to conflict-of-laws rules - except that section 24 is governed by the Federal Arbitration Act. Any dispute that is not arbitrated under section 24 will be brought in the state or federal courts located in Los Angeles County, California, and you and Kinor LLC each consent to their jurisdiction.

24. Disputes and arbitration

Please read this section carefully. It affects how disputes between you and Kinor LLC are resolved, including by waiving a trial by jury and the right to bring or join a class action.

Talk to us first. Before starting any claim, email service@aipromodesign.com with your name, your order number if there is one, what went wrong and what you want. Most problems with an order are settled with a reprint or a refund. Neither of us may start an arbitration or lawsuit until 60 days after that notice has been sent, and the time limit for the claim pauses while we try.

Individual arbitration. If we cannot settle it, any dispute or claim between you and Kinor LLC arising out of or relating to these terms, the site, the designer, or any order will be resolved by binding arbitration, not in court. The arbitration is administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules then in effect, available at adr.org, before a single arbitrator. It is held by video or telephone, on written submissions, or in person in the county where you live, whichever you prefer. The arbitrator decides every question about the dispute, including whether it has to be arbitrated, except as this section says otherwise, and can award the same individual relief a court could.

Costs. For a claim you bring, you pay no more of the filing fee than the AAA's Consumer Arbitration Rules require of a consumer, and we pay the rest of the AAA's fees and the arbitrator's fees. Each side pays its own lawyers unless the law or the arbitrator's award says otherwise.

What stays out of arbitration. Either of us may bring an individual claim in small claims court instead, as long as it stays there. Either of us may go to court to stop infringement or misuse of intellectual property. And nothing in this section waives a claim for public injunctive relief that the law does not allow to be waived; any such claim is decided by a court, after the arbitration of everything else, and the court stays it until then.

No class actions and no jury. You and Kinor LLC each bring claims only on your own behalf - never as a plaintiff or class member in a class, collective, consolidated or representative proceeding - and the arbitrator may not combine more than one person's claims. You and Kinor LLC each waive a trial by jury. If this class-action waiver is found unenforceable for a claim, that claim goes to court instead of arbitration, but the rest of this section still applies to everything else.

You can opt out. You can reject this arbitration agreement by emailing service@aipromodesign.com within 30 days of first accepting these terms - by placing your first order or creating your account - with your name, the email you use with us, and a sentence saying you reject arbitration. Opting out does not affect anything else in these terms, and it does not affect an earlier arbitration agreement you did not opt out of.

Changes to this section. If we change this section, the change does not apply to a dispute we had already been notified of before the change. You can reject a change by emailing us within 30 days of it; the version you last accepted then continues to apply.

This section survives the end of your use of the site and any account.

25. Changes

We may update these terms. Continued use after an update means you accept the revised terms.

An order is governed by the terms in force when it was placed. The date at the top of this page shows when they last changed.

26. General

• Whole agreement. These terms, together with the Privacy Policy, Refund Policy, Shipping Policy, Print Quality and Reprints, and Price Guarantee pages they link to, are the whole agreement between you and Kinor LLC about the site and your orders.
• Severability. If a court finds part of these terms unenforceable, the rest still applies.
• No waiver. If we do not enforce a term straight away, we can still enforce it later.
• Assignment. You may not transfer your rights under these terms to someone else. We may transfer ours, for example if the business is sold or renamed, and these terms carry over.
• Emails. You agree that order confirmations, notices and other messages about your orders may be sent by email to the address you give us.
• Electronic communications and signatures. You agree to receive these terms, notices and other disclosures electronically, on the site or by email, and that they count as being "in writing". Placing an order at checkout is your electronic signature on it. You can print or save this page at any time.
• Survival. If your account is closed or you stop using the site, the parts of these terms that by their nature should continue still apply, including sections 3 (your artwork), 14 (our content), 15 (feedback), 18 to 20 (warranties, liability and indemnification) and 23 (governing law), and this section.

27. Accessibility

If any part of the site is hard to use with a screen reader, a keyboard or other assistive technology, email service@aipromodesign.com and a person will help you design and order.

28. Notice for California residents

Under California Civil Code section 1789.3, California users are entitled to the following notice. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210. Using the site to design is free; prices for products are shown on the site before you order.

29. Contact

For questions about these terms, an order, or a trademark or likeness complaint, contact us below. Copyright notices go to the designated agent in section 7.