Terms of service

Terms of Service

Overview

This website is operated by Fondmade ("Fondmade," "we," "us," or "our"). Fondmade offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing something 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 policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site.

Please read these Terms carefully. Section 16 contains a binding arbitration agreement and class action waiver that affect how disputes are resolved and your legal rights. Please review it carefully.

Section 1 — Online Store Terms

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority and have given us your consent to allow any of your minor dependents to use this site. 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). You must not transmit any worms, viruses, or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

Section 2 — 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 without express written permission by us.

Section 3 — Products and Personalization

All Fondmade products are personalized and made to order based on the details you submit at checkout. By submitting personalization details (names, dates, photos, messages, uploaded images), you confirm that you have the legal right to use that content and that the content does not infringe the intellectual property, privacy, publicity, or other rights of any third party. We reserve the right to refuse or cancel any order that contains content we determine, in our sole discretion, to be offensive, infringing, unlawful, or otherwise inappropriate.

We make every effort to display the colors and finishes of our products as accurately as possible. We cannot guarantee that your device's display of any color will be accurate. Because items are handmade and/or made to order, slight variations are normal and are not considered defects.

Section 4 — User-Submitted Content and License

When you upload, submit, or otherwise provide images, photographs, text, or other materials to us for personalization ("User Content"), you grant Fondmade a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, adapt, and process that User Content solely for the purpose of producing, fulfilling, and supporting your order. You represent and warrant that you own or have all necessary rights, licenses, and permissions to the User Content and that our use of it as described will not violate the rights of any third party. You are solely responsible for the User Content you submit.

Section 5 — Intellectual Property

All content on this site that is created by Fondmade — including designs, artwork, graphics, logos, product images, text, and the compilation thereof — is the property of Fondmade and is protected by United States and international intellectual property laws. Nothing in these Terms transfers any ownership of Fondmade's intellectual property to you. Your purchase of a personalized product grants you ownership of the physical item only, not the underlying design or artwork, which remains the property of Fondmade and/or its licensors.

Section 6 — AI-Generated Artwork Disclaimer

Certain Fondmade products — including but not limited to pet portraits, custom photo art, and other AI-assisted designs — are created using artificial intelligence tools that generate an artistic interpretation based on the image(s) and details you provide. You understand and agree that:

AI-generated artwork is an artistic interpretation and is not intended to be a photorealistic or exact reproduction of any photo, person, pet, or likeness;
Results vary based on the quality, lighting, resolution, and clarity of the image(s) you submit, and we cannot guarantee any specific outcome;
Minor differences in features, color, proportions, or details are inherent to the AI process and are not considered defects;
By submitting an image for AI processing, you confirm you hold all rights to that image and consent to its use for generating your product.

Because these items are artistic interpretations made to order, they are not eligible for return or refund except as described in our Refund Policy for genuine defects or production errors on our end.

Section 7 — 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. Any reliance on the material on this site is at your own risk.

Section 8 — Modifications to the Service and Prices

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.

Section 9 — Shipping and Production

Production times and shipping estimates are listed on each product page and at checkout. These are estimates, not guarantees. Personalized orders typically require 3-10 business days of production before shipping. Risk of loss and title for items pass to you upon our delivery to the carrier. See our Shipping Policy for full details.

Section 10 — Personal Information

Your submission of personal information through the store is governed by our Privacy Policy.

Section 11 — Errors, Inaccuracies, and Omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

Section 12 — Prohibited Uses

In addition to other prohibitions set forth in the Terms, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code; (h) to collect or track the personal information of others; (i) to spam, phish, or scrape; or (j) to interfere with or circumvent the security features of the Service. We reserve the right to terminate your use of the Service for violating any of the prohibited uses.

Section 13 — Copyright Complaints and DMCA Notice-and-Takedown

Fondmade respects the intellectual property rights of others and expects users to do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), we will respond to clear notices of alleged copyright infringement.

If you believe that content available on or through our site infringes your copyright, you may submit a written notice to our designated agent that includes:

A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
Identification of the copyrighted work claimed to have been infringed;
Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material (e.g., a URL);
Your contact information, including your name, address, telephone number, and email address;
A statement that you have a good-faith belief that use of the material is not authorized by the copyright owner, its agent, or the law; and
A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Designated DMCA Agent:
Fondmade — DMCA Agent
581 Gilbert Rd SE, Bolivia, NC 28422, USA
Email: hello@fondmade.com

We may remove or disable access to material claimed to be infringing and may terminate the accounts of repeat infringers. If you believe material was removed in error, you may submit a counter-notice containing the information required by the DMCA.

Section 14 — Disclaimer of Warranties; Limitation of Liability

We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free. You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided "as is" and "as available" for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Fondmade, our directors, officers, employees, affiliates, agents, contractors, suppliers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the Service or any products procured using the Service. Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions our liability shall be limited to the maximum extent permitted by law. To the maximum extent permitted by applicable law, our total aggregate liability for any claim arising out of or relating to the Service or any product shall not exceed the amount you paid to us for the product or order giving rise to the claim.

Section 15 — Indemnification

You agree to indemnify, defend, and hold harmless Fondmade and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, your violation of any law or the rights of a third party, or the content you submit.

Section 16 — Binding Arbitration and Class Action Waiver

Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court.

Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or to the use of the Service or any product (collectively, "Disputes"), will be resolved by binding arbitration on an individual basis, rather than in court, except that you may assert claims in small claims court if your claims qualify.

The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect. The arbitration will be governed by the laws of the State of North Carolina. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Class Action Waiver. You and Fondmade agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

30-Day Opt-Out. You may opt out of this arbitration agreement by sending written notice to hello@fondmade.com within 30 days of first accepting these Terms. Your notice must include your name, the email address used for your order, and a clear statement that you wish to opt out of arbitration. If you opt out, neither you nor Fondmade can require the other to participate in arbitration.

Section 17 — Governing Law and Jurisdiction

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of North Carolina, United States, without regard to its conflict of law principles. Subject to the arbitration provisions in Section 16, you agree that any dispute not subject to arbitration shall be brought exclusively in the state or federal courts located in North Carolina, and you consent to the personal jurisdiction of such courts.

Section 18 — Severability and Entire Agreement

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service; such determination shall not affect the validity and enforceability of any other remaining provisions. These Terms of Service and any policies or operating rules posted by us on this site constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior agreements.

Section 19 — Changes to Terms of Service

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes constitutes acceptance of those changes.