This is a license agreement & terms of service between you and Fusion Print AI, explaining how you can use your custom generated AI imagery. By obtaining image content from Fusion Print AI, you accept the terms of this agreement.
OVERVIEW
This website is operated by Fusion Print AI. Throughout the site, the terms “we”, “us” and “our” refer to Fusion Print AI. We offer this website, including all information, tools and services available from this site to you, the customer/user, conditioned upon the acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or making a purchase from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available via hyperlink. These Terms of Service apply to all users/customers of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
We encourage you to please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services offered. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
If any new features or tools are added to the current store shall be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Fusion Print AI website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. Any payment firewall, security measures and user account data are maintained by Shopify Inc.
DEFINTIONS
In these conditions the following terms shall have the following meanings.
‘Company’ means Fusion Print AI.
‘Customer’ means the customer of the Company.
‘Contract’ means any contract for the sale of Products by the Company to the Customer, for example a payment transaction completed by the Customer for any of the Products offered by the Company marks a Contract between the Company and the Customer for the sale of such Products.
‘Goods’ or ‘Products’ means prints or imagery in any form or shape listed on this website and forming the subject of this contract.
‘Price’ means the price as detailed at checkout and on the Order Confirmation email generated to the Customer.
‘Order’ means any electronic orders made through our website, signed purchase orders and letters whether sent by mail/post or e-mail to the Customer.
ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent and warrant that you are at least 18 years old or have obtained parental or guardian consent to use our Service.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
LIMITATIONS OF LIABILITY
To the fullest extent permitted by law, Fusion Print AI shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:
- Your use or inability to use the Service.
- Any unauthorized access to or use of our servers and/or any personal information stored therein.
- Any interruption or cessation of transmission to or from our Service.
- Any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Service by any third party.
PRINT-ON-DEMAND PHYSICAL PRODUCTS
We offer print-on-demand services where digital prints can be printed on various physical products (e.g., posters, canvases, apparel) and shipped to your specified address.
AI-GENERATED DIGITAL PRINTS
Our Service allows users to generate digital art prints using artificial intelligence. These digital prints can be downloaded and used according to the licensing terms outlined below.
We have made every effort to display as accurately as possible the colors and images of our products that appear in the online store. We cannot guarantee that your computer monitor’s display of any color will be accurate. If the desired color is of high importance, we advise you to view the imagery on multiple monitors and devices, to cross-check your design color expectations. We will make every effort we can to deliver the most color-accurate (to our knowledge) final products to our customers when compared to images seen on product pages of our website. However, any product images are for illustrative purposes only, and therefore will have slight discrepancies in color and/or appearance of the final product compared to images displayed on our website.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of Fusion Print AI. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
1. How can I use the AI Generated image?
You may use your image in any way that is not considered restricted (see Restricted Uses below). Subject to those restrictions and the rest of the terms of this agreement, the rights granted to you by Fusion Print AI are:
- Perpetual: There is no expiration or end date on your rights to use the AI generated image during your agreement.
- Non-exclusive, meaning that you do not have exclusive rights to use the content. Fusion Print AI can license the same content to other customers.
- Worldwide: Image can be used in any geographic territory.
- Unlimited: You can use the content in an unlimited number of projects and in any media.
For purposes of this agreement, "use" means to copy, reproduce, modify, edit, synchronize, perform, display, broadcast, publish, or otherwise make use of.
Examples of how you can use licensed content include: websites; blog posts; social media; advertisements; marketing campaigns; corporate presentations; newspapers; magazines; books; film and television productions; web and mobile applications; product packaging.
Please make sure you read the Restricted Uses section below for exceptions.
INTELLECTUAL PROPERTY
Ownership: All content generated by our AI, including digital prints, is the property of Fusion Print AI. We grant you a limited, non-exclusive, non-transferable license to download, use, and print the digital prints for personal, non-commercial use.
2. Restricted Uses.
a. No Unlawful Use. You may not use the image in a pornographic, defamatory or other unlawful manner, to promote violence or hatred, or in violation of any applicable regulations or industry codes.
b. No Standalone File Use. You may not use content in any way that allows others to download, extract, or redistribute content as a standalone file (meaning just the content file itself, separate from the project or end use).
c. No Use in Trademark or Logo. You may not use content (in whole or in part) as the distinctive or distinguishing feature of a trademark, design mark, tradename, business name, service mark or logo. Additionally, you shall not be entitled to register (in any jurisdiction) such content (in whole or in part) as a trademark or rely on any such registrations, prior use, and/or accrued goodwill to prevent any third party use of the content or any similar content (including by us, our customers, or the copyright owner of such content).
d. No False Representation of Authorship. You may not falsely represent that you are the original creator of an end use that is made up largely of licensed content. For instance, you cannot create a painting based solely on licensed content and claim that you are the author.
e. No Products for Resale (Digital & Physical Products). You may not use content in connection with any goods or services intended for resale or distribution where the primary value lies in the content itself including, without limitation, cards, stationery items, paper products, calendars, apparel items, posters (printed on paper, canvas, or any other media), DVDs, mobile applications, NFTs or other items for resale, license or other distribution for profit. This includes "on demand" products (meaning products in which content is selected by a third party for customization on such product on a made-to-order basis), including, without limitation, postcards, mugs, t-shirts, posters and other items. As described on the Fusion Print AI website, you do have the option to apply your generated image to our in-house products.
f. No Electronic Templates. You may not use content in electronic or digital templates intended for resale or other distribution (for example, website templates, business card templates, electronic greeting card templates, brochure design templates).
g. No Machine Learning, AI or Biometric Technology Use. Unless expressly authorized by Fusion Print AI you may not use content (including any caption information, keywords or other metadata associated with the content) for any machine learning or artificial intelligence purposes, or for any technologies designed for or intended for the identification of natural persons.
2. Who, besides me, can use the licensed content?
The rights granted to you are non-transferable and non-sublicensable, meaning that you cannot transfer or sublicense them to anyone else. There are two exceptions:
- Employer or client. If you are purchasing on behalf of your employer or client, then your employer or client can use the content. In that case, you represent and warrant that you have full legal authority to bind your employer or client to the terms of this agreement. If you do not have that authority, then your employer or client may not use the content.
- Subcontractors. You may allow subcontractors (for example, your printer or mailing house) or distributors to use content in any production or distribution process related to your final project or end use. These subcontractors and distributors may not use the content for any other purpose.
Please note that seat/user restrictions apply. You may only use the content with the appropriate amount of users, as explained below.
3. Are there any seat/user license restrictions?
Yes. The standard license is for a single user. The seat/user restrictions refer to the raw file of content, not the end project or use.
3. User Accounts.
You will be responsible for tracking all activity for each user account, and you agree to: (1) maintain the security of all passwords and usernames; (2) notify Fusion Print AI immediately of any unauthorized use or other breach of security; and (3) accept all responsibility for activity that occurs under each user account. Fusion Print AI reserves the right to monitor downloads and user activity to ensure compliance with the terms of this agreement. If Fusion Print AI determines that you are in breach of this or any other term of this agreement, it may suspend access to your account and seek further legal remedies.
ACCOUNT REGISTRATION
To access certain features of our Service, you may need to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your account password and for any activities or actions under your account.
Who owns the content?
All of the licensed content is owned by either Fusion Print AI or the platforms/artists who supply the original content. All rights not expressly granted in this agreement are reserved by Fusion Print AI and the content suppliers.
Attribution: Do I need to include a photo credit?
You do not need to include a photo credit for commercial use, but if you are using content for editorial purposes, you must include the following credit adjacent to the content or in visual production credits: "Fusion Print AI."
TERMINATION/CANCELLATION/WITHDRAWAL
• Termination: This agreement is effective until it is terminated by either party. You can terminate this agreement by ceasing use of the content and deleting or destroying any copies.
• Social Media Termination: If you use the content on a social media platform or other third party website and the platform or website uses (or announces that it plans to use) the content for its own purpose or in a way that is contrary to this agreement, this agreement shall immediately terminate.
REFUNDS
- AI Generated Image Refunds - Unless required by local law, there are no refunds for custom AI imagery initiated by you in our Concierge Image Generation process after chosen image is delivered to you.
- File Download Refunds – Fusion Print AI does not offer refunds for downloaded files. File returns will only be considered based on technical issues with the file at the sole discretion of Fusion Print AI.
REPRESENTATIONS AND WARRANTIES
Fusion Print AI makes the following representations and warranties:
a. Warranty of Non-Infringement. Your use of the content in accordance with this agreement and in the form delivered by Fusion Print AI will not infringe on any copyright, moral right, trademark or other intellectual property right and will not violate any right of privacy or right of publicity; and all necessary model and/or property releases for use of the content in the manner authorized by this agreement have been obtained. Note that you are solely responsible for any edits made to the content.
b. Caption/Metadata Disclaimer. While we have made reasonable efforts to correctly categorize, keyword, caption and title the content, Fusion Print AI does not warrant the accuracy of such information, or of any metadata provided with the content.
c. No Other Warranties.
i. Cultural Assets – No Warranty. In some jurisdictions, the use of content depicting artwork, architecture or landscapes of cultural importance may be subject to additional authorization by and fees paid to the appropriate authorities. You will be solely responsible for obtaining such authorizations and remitting such fees. Fusion Print AI disclaims all liability arising from the failure to do so.
ii. Except as provided in the "warranty of non-infringement" section above, the content is provided "as is" without representation, warranty or condition of any kind, either express or implied, including, but not limited to, implied representations, warranties or conditions of merchantability, or fitness for a particular purpose. Fusion Print AI does not represent or warrant that the content will meet your requirements or that its use will be uninterrupted or error free.
INDEMNIFICATION/LIMITATION OF LIABILITY
a. Indemnification of Fusion Print AI by you. You agree to defend, indemnify and hold harmless Fusion Print AI and product suppliers, and each of their respective officers, directors and employees from all damages, liabilities and expenses (including reasonable legal costs including attorney fees) arising out of or in connection with any breach or alleged breach by you (or anyone acting on your behalf) of any of the terms of this agreement.
b. Indemnification of you by Fusion Print AI. Provided that the content is only used in accordance with this agreement and you are not otherwise in breach of this agreement, and as your sole and exclusive remedy for any breach of the warranties set forth in Section 9(a) above, Fusion Print AI agrees, subject to the terms of this Section 10, to defend, indemnify and hold harmless you, your corporate parent, subsidiaries and affiliates, and each of your respective officers, directors and employees from all damages, liabilities and expenses (including reasonable legal costs including attorney fees) arising out of or in connection with any breach or alleged breach by Fusion Print AI of its warranty in Section 9(a) above. This indemnification does not apply to the extent any damages, costs or losses arise out of or are a result of modifications made by you to the content or the context in which the content is used by you. This indemnification also does not apply to your continued use of content following notice from Fusion Print AI, or upon your knowledge, that the content is subject to a claim of infringement of a third party's right.
Limitation of Liability. FUSION PRINT AI AND ITS LICENSORS WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR OTHER SIMILAR DAMAGES, COSTS OR LOSSES ARISING OUT OF THIS AGREEMENT, EVEN IF FUSION PRINT AI OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIABILITY.
GENERAL PROVISIONS
a. Assignment. This agreement is personal to you and is not assignable by you without Fusion Print AI's prior written consent. Fusion Print AI may assign this agreement, without notice or consent, to any corporate affiliate or to any successor in interest, provided that such entity agrees to be bound by these terms.
b. Audit/Certificate of Compliance. Upon reasonable notice, you agree to provide to Fusion Print AI sample copies of projects or end uses that contain licensed content, including by providing Fusion Print AI with free of charge access to any pay-walled or otherwise restricted access website or platform where content is reproduced. In addition, upon reasonable notice, Fusion Print AI may, at its discretion, either through its own employees or through a third party, audit your records directly related to this agreement and your use of licensed content in order to verify compliance with the terms of this agreement. Where Fusion Print AI reasonably believes that content is being used outside of the scope of the license granted under this agreement, you agree, at Fusion Print AI's request, to provide a certificate of compliance signed by an officer of your company.
c. Electronic storage. You agree to retain the copyright symbol, the name of Fusion Print AI, the content's identification number and any other information that may be embedded in the electronic file containing the original content, and to maintain appropriate security to protect the content from unauthorized use by third parties. You may make one (1) copy of the content for back-up purposes.
d. Governing Law/Arbitration. This agreement will be governed by the laws of the State of Pennsylvania, U.S.A., without reference to its laws relating to conflicts of law. Any disputes arising from or related to this agreement shall be finally settled by binding, confidential arbitration by a single arbitrator selected using the rules and procedures for arbitrator selection under the JAMS' Expedited Procedures in its Comprehensive Arbitration Rules and Procedures ("JAMS") if you are in North America, or of the International Centre for Dispute Resolution ("ICDR") or JAMS if you are outside of North America (the applicable rules to be at your discretion), in effect on the date of the commencement of arbitration to be held in the following jurisdiction: Philadelphia, Pennsylvania; The arbitration proceedings shall be conducted in English and all documentation shall be presented and filed in English. The decision of the arbitrator shall be final and binding on the parties, and judgment may be entered on the arbitration award and enforced by any court of competent jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not govern this agreement. The prevailing party shall be entitled to recover its reasonable legal costs including attorney fees relating to that aspect of its claim or defense on which it prevails, and any opposing costs awards shall be offset. Notwithstanding the foregoing, Fusion Print AI shall have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief against you in the event that, in the opinion of Fusion Print AI, such action is necessary or desirable to protect its intellectual property rights. The parties agree that, notwithstanding any otherwise applicable statute(s) of limitation, any arbitration proceeding shall be commenced within two years of the acts, events or occurrences giving rise to the claim.
e. Severability. If one or more of the provisions in this agreement is found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions should not be affected. Such provisions should be revised only to the extent necessary to make them enforceable.
f. Waiver. No action of either party, other than express written waiver, may be construed as a waiver of any provision of this agreement.
g. Entire Agreement. No terms of conditions of this agreement may be added or deleted unless made in writing and accepted in writing by both parties, or issued electronically by Fusion Print AI and accepted in writing by you. In the event of any inconsistency between the terms of this agreement and the terms contained on any purchase order sent by you, the terms of this agreement will apply.
h. Notice. All notices required to be sent to Fusion Print AI under this agreement should be sent via email to info@fusionprintai.com. All notices to you will be sent via email to the email set out in your account.
i. Taxes. You agree to pay and be responsible for any and all sales taxes, use taxes, value added taxes and duties imposed by any jurisdiction as a result of the license granted to you, or of your use of the licensed content.
j. Licensing Entity. The licensing entity under this agreement is determined based on your billing address.
PRICING
Prices for products and services are subject to change without notice. We strive to display accurate pricing information, but errors may occur. In the event of a pricing error, we reserve the right to cancel any orders placed at the incorrect price.
DIGITAL DOWNLOADS
PHYSICAL PRODUCTS
Print-on-demand products are manufactured after you place an order. Estimated delivery times are provided at checkout. We are not responsible for delays caused by the shipping carrier or customs clearance.
RETURNS AND REFUNDS
Digital Products:
Due to the nature of digital products, all sales are final and non-refundable.
Physical Products:
Printify is a print-on-demand company, which means that all products are unique and produced only once ordered. This also means that returns and exchanges are not supported if your customer ordered the wrong size, color, or simply changed their mind.
However, in case of a damaged product or a manufacturing error, Printify offers a free reprint or a refund if you contact us within 30 days of product delivery. Please get in touch with our team using the
“Submit issue” form and provide a clear photo showing the issue.
Note: Refunds are issued to your Printify account balance. You can
withdraw this amount to transfer it back to the original payment method. However, if your selected
billing currency is not United States Dollar (USD), please note that the refund will be returned directly to the original payment source.
If there’s an issue affecting multiple products that use the same design, an additional photo (or video) of all affected items visible in one frame will be required for confirmation purposes.
Please note that Printify will not be held responsible and will not offer reprints or refunds if the customer ordered the wrong size or color. In case of an unsuccessful delivery, you can opt for either a reprint with an extra charge or a partial refund. For DTG products, there is a tolerance of 0.5" for print placement, meaning that minor variations in the placement of the print will not be considered as defects.
TECHNOLOGY
Fusion Print AI’s Concierge service is making use of technology from the following providers:
- Adobe Firefly (For image creation)
- Midjourney (For image creation)
- Proprietary image upscaling / print resolution enhancements tools
Adobe Firefly (Information is redistributed from the Adobe.com Website)
Where does Firefly get its data from?
The current Firefly generative AI models were trained on a dataset of licensed content, such as Adobe Stock, and public domain content where copyright has expired.
As Firefly evolves, Adobe is exploring ways for creators to be able to train the machine learning model with their own assets so they can generate content that matches their unique style, branding, and design language without the influence of other creators’ content. Adobe will continue to listen to and work with the creative community to address future developments to the Firefly training models.
What is Adobe's approach to ethics in generative AI?
Adobe have developed and deployed generative AI at Adobe in accordance with Adobe’s AI ethics principles of accountability, responsibility, and transparency.
What is Adobe doing to ensure that Firefly is commercially safe?
As part of Adobe’s effort to design Firefly to be commercially safe, they are training their initial commercial Firefly model on licensed content, such as Adobe Stock, and public domain content where copyright has expired.
