Terms of Service
Last Updated: November 2025
Welcome to www.tuzie.com (the “Website”) and our services (collectively, the “Services”). By accessing or using the Website or Services, you (“you” or “User”) agree to be bound by these Terms of Use (this “Agreement”) and all terms incorporated herein. If you do not agree to this Agreement in full, please do not use the Website or Services.
1. Who We Are
“Tuzie (A Freshdesign Interactive, Inc. brand)” (“we”, “us” or “our”) owns and operates the Website and provides an online platform that allows you to purchase custom‑designed products (such as t‑shirts, pillow‑cases and other merchandise) and run product marketing campaigns.
2. Eligibility / Age Restriction
You must be at least 13 years old to use our Website or Services. By using our Website, you represent and warrant that you meet this age requirement.
3. Definitions
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Visitor: someone who browses the Website without registering.
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Member: someone who registers and uses our Services.
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User: either a Visitor or a Member.
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Content: all text, graphics, designs, data, software, and other material on the Website or delivered via our Services, whether created by us or by our Users.
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Member Content: Content created or submitted by a Member (including designs, comments, uploads).
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Campaign: a product marketing initiative you launch via our Services (for example designing a product, setting a target unit sales number, marketing via a URL link, etc.).
4. Acceptance, Amendments & Entire Agreement
This Agreement (together with our Privacy Policy and any additional terms posted on the Website) constitutes the entire agreement between you and us concerning your use of the Website and Services, and supersedes all prior or contemporaneous agreements, representations or warranties. We may modify this Agreement at any time by posting the revised version on the Website; your continued use of the Website or Services after such posting means you accept the changes, so please check this page periodically for updates.
5. License to Use the Website & Services
Subject to your compliance with this Agreement, we grant you a limited, non‑exclusive, non‑transferable, revocable license to access and use the Website and Services for your internal, personal, non‑commercial use — except as otherwise permitted herein. You may not reproduce, distribute, publicly display, create derivative works of, or exploit the Website, Services, or our Content (including Member Content) in any way not expressly permitted herein.
6. Legal Compliance & Relationship
You agree to comply with all applicable local, state, national and international laws, statutes, ordinances and regulations in your use of the Website and Services. Nothing in this Agreement creates an agency, partnership, joint venture, employment or franchise relationship between you and us.
7. Intellectual Property
All trademarks, service marks, logos, designs, copyrighted works, software and other proprietary materials displayed or used on the Website or in the Services are our property or that of our licensors. Your use of the Website or Services does not give you any ownership or right to use those trademarks or other intellectual property, except as expressly permitted in writing by us.
8. User Content & Conduct
When you submit Member Content (e.g., design files, uploads, comments) you represent and warrant that you own or have sufficient rights to that content, and that it does not infringe any third‑party intellectual property or other rights, nor violate any law. You agree not to use the Website or Services to:
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Violate any law or regulation.
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Infringe third‑party intellectual property or other rights.
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Upload or transmit content that is illegal, abusive, harassing, defamatory, obscene, hateful, invasive of privacy or otherwise objectionable.
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Upload viruses, malicious code, unsolicited promotional materials, spam, pyramid schemes or chain letters.
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Use automated means (bots, scrapers) to access or collect content from the Website without our prior written permission.
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Reverse‑engineer, decompile or disassemble any software or service provided by us.
We reserve the right (but are not obligated) to monitor, remove or restrict any Member Content or account at our sole discretion if it violates this Agreement or is otherwise objectionable.
9. Campaigns & Product Orders
If you launch a Campaign through our Services:
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You’ll be quoted a per‑unit cost for the product once your target number of units is reached.
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You set the sales price for end‑buyers; delivery charges are extra and will be quoted separately.
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Product cost changes after your order is initiated will not apply to previously initiated orders.
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Your profit is calculated as: (Sales Price × Units Sold) – (Cost of Product × Units Sold) – (transaction fees).
If your Campaign references a charity or fundraising effort, you must ensure the charity is properly authorized, clearly disclose the percentage of profit donated and to whom. If any charity or fundraising claim is found to be misleading, we reserve the right to donate the profits or suspend the Campaign at our discretion.
10. Third‑Party Merchants, Advertisers & Links
Our Website may display advertisements or link to third‑party merchants who independently fulfil and deliver the products or services you purchase. We do not control those merchants, their products or services, order processing, billing or customer service. Your relationship is directly with the merchant, and your use of those third‑party services is at your own risk. We make no warranty or endorsement of any third-party product or service.
11. Disclaimers and Warranty Exclusion
THE WEBSITE, SERVICES, CONTENT AND ANY RELATED SOFTWARE OR PRODUCTS ARE PROVIDED “AS‑IS”, “AS‑AVAILABLE”, AND WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON‑INFRINGEMENT. WE MAKE NO REPRESENTATION THAT THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED, ERROR‑FREE, VIRUS‑FREE OR SECURE.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL TUIZIE (A FRESHDESIGN INTERACTIVE, INC. BRAND) OR ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS OR LOSS OF DATA) ARISING FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE, SERVICES OR CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL IN NO EVENT EXCEED THE AMOUNTS YOU HAVE PAID TO US FOR ACCESS TO THE WEBSITE OR SERVICES IN THE ONE (1) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO LIABILITY.
13. Indemnification
You agree to defend, indemnify and hold harmless Tuzie (A Freshdesign Interactive, Inc. brand), its affiliates, and their officers, directors, employees, contractors, agents and successors (collectively the “Indemnified Parties”) from and against any and all losses, liabilities, claims, demands, damages, costs and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use or misuse of the Website or Services; (b) your Member Content; (c) your violation of this Agreement; or (d) any infringement of third‑party rights by you or arising from your account.
14. Payments, Refunds & Returns
You represent and warrant that any payment information you submit is true, complete and accurate; that you are authorised to use the payment method selected; and that you will pay all amounts due. Refunds or returns for goods you purchase directly from us are handled in accordance with our Returns & Refunds Policy, as posted on the Website.
15. Privacy & Submissions
Your use of the Website and Services is subject to our Privacy Policy, which is incorporated by reference into this Agreement. Any suggestions, ideas, graphics or other information you provide to us (collectively “Submission”) shall become our property; you acknowledge that you have no expectation of confidentiality and no compensation will be owed to you. We may use, assign or exploit such Submissions for any commercial or other purpose worldwide.
16. Investigation & Termination
We reserve the right to investigate any suspected violation of this Agreement or unlawful activity. We may suspend or terminate your access to the Website or Services, cancel your Campaigns, forfeit profits and remove Member Content if you breach this Agreement or act in a way we deem harmful at our sole discretion.
17. Arbitration
You agree that any dispute, claim, or controversy arising out of or related to this Agreement, the Website, or Services shall be resolved exclusively through final and binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration will be held in Santa Clara County, California, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction. By agreeing to arbitration, you waive your right to a trial by jury or to participate in a class action.
18. Governing Law & Dispute Venue
This Agreement will be governed by and construed under the laws of the State of California, U.S.A., without regard to conflicts of law provisions. Any dispute not subject to arbitration will be brought exclusively in the state or federal courts located in Santa Clara County, California, and you consent to the exclusive jurisdiction and venue of such courts.
19. General Provisions
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No waiver: Our failure to enforce any right or provision under this Agreement does not constitute a waiver of such right or provision.
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Severability: If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will continue in full force and effect.
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Assignment: You may not assign or transfer this Agreement (or your rights or obligations herein) without our prior written consent; we may assign or delegate our rights and obligations at any time.
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Survival: All sections that by their nature should survive termination (e.g., Intellectual Property, Indemnification, Limitation of Liability, Governing Law, Arbitration) will survive.
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Entire Agreement: This Agreement (together with posted additional terms and our Privacy Policy) constitutes the full and exclusive understanding between you and us regarding your use of the Website and Services.
Contact Us
If you have any questions about these Terms of Use, please contact us at the email address provided on the Website.
