Terms of service
Last Updated: February 27, 2026
These Terms of Service ("Terms") form a binding agreement between you and Sandy Whisperz Embroidery LLC, a Florida limited liability company ("Sandy Whisperz," "we," "our," or "us"). These Terms govern your access to and use of our website, design tools, ordering platform, and related services (collectively, the "Services").
By using the Services, you confirm that you have read, understand, and agree to these Terms. If you do not agree, do not use the Services.
If you are using the Services on behalf of a company, school, organization, team, or other entity, you represent that you have authority to bind that entity to these Terms. In that case, "you" includes the entity.
1. What These Terms Cover
Our Services allow users to create, upload, customize, and purchase embroidered or otherwise customized products. You may only use the Services for lawful purposes and in accordance with these Terms and any policies referenced in them.
You agree not to use the Services in any way that violates any applicable law, infringes the rights of others, or attempts to bypass or interfere with the security or operation of the Services.
2. Related Policies
These Terms incorporate our policies, which may be updated from time to time: ● Privacy Policy
● Content Guidelines (if published)
● Artwork and Intellectual Property Guidelines (if published)
● Return, Refund, and Reprint Policy (if published)
● Shipping and Delivery Policy (if published)
If you publish these as separate pages later, you can link them here. If there is a conflict between a policy and these Terms, these Terms control unless the policy states otherwise.
3. Accounts and Eligibility
You may need an account to access certain features.
You agree to provide accurate information and keep it current. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.
We may suspend or terminate accounts that violate these Terms or that we reasonably believe create risk for the Company, other users, or third parties.
4. Design Tools and User Content
4.1 Your Content
The Services may allow you to upload or submit images, logos, artwork, text, designs, names, and other materials ("User Content").
You retain ownership of your User Content as between you and Sandy Whisperz. However, by uploading or submitting User Content, you grant Sandy Whisperz a worldwide, non-exclusive, royalty-free license to host, store, reproduce, modify, display, and use your User Content only as needed to:
● operate the Services,
● create previews,
● manufacture and fulfill orders,
● provide customer support,
● prevent fraud or abuse,
● comply with legal obligations,
● improve our tools and Services.
This license continues for as long as needed for those purposes, including reasonable retention and backup periods.
4.2 You Are Responsible for What You Upload
You represent and warrant that:
● you own your User Content or have all necessary rights and permissions to use it,
● your User Content does not infringe intellectual property rights, privacy rights, or publicity rights,
● your User Content does not violate any law or these Terms.
You are solely responsible for User Content you submit.
4.3 Public and Shared Designs
If you choose to share a design link or otherwise make a design accessible to others, you understand that anyone with access to that link may be able to view it. We are not responsible for what others do with designs you share.
5. Prohibited Content and Use
You may not use the Services to create, upload, order, or distribute content that we determine, in our reasonable discretion, is:
● unlawful, fraudulent, or deceptive
● threatening, harassing, abusive, or defamatory
● obscene or pornographic
● hateful or promoting discrimination, violence, or persecution
● violating another person’s privacy
● infringing copyrights, trademarks, trade dress, or other rights
● encouraging illegal activity
● containing malware or harmful code
We may reject, cancel, or refuse to produce any order for any reason, including if we believe the content creates legal risk, violates these Terms, or is inappropriate for production.
6. Our Intellectual Property
The Services, including our website design, software, tools, logos, branding, templates, product photos, text, graphics, and other materials provided by Sandy Whisperz (excluding User Content) are owned by Sandy Whisperz or its licensors and are protected by intellectual property laws.
You may not copy, modify, distribute, reverse engineer, or create derivative works from the Services unless we give written permission.
7. Third Party Trademarks and Licensed Marks
Some users may upload third-party trademarks, logos, school marks, or brand assets. You may only use those marks if you have the legal right to do so. If we provide access to any pre-loaded artwork, fonts, icons, or templates, they may be subject to additional license terms and restrictions.
Unless we explicitly agree in writing, products created using any pre-loaded or licensed artwork made available through the Services are not intended for commercial resale. If you plan to resell, you are responsible for confirming you have the required rights and approvals.
8. Orders, Pricing, and Payment
8.1 Quotes and Pricing
Prices, product availability, and estimated delivery timelines may change. Any quote is only valid for the time stated, or if none is stated, for a reasonable period.
8.2 Payment
You agree to pay all charges associated with your order, including product costs, taxes, shipping, rush fees (if applicable), and any other disclosed charges.
Payments are processed through third-party payment processors. We do not store full payment card numbers on our own servers in the ordinary course.
8.3 Taxes
You are responsible for applicable taxes unless otherwise stated at checkout.
9. Production, Delivery, and Timelines
Production and delivery timelines are estimates, not guarantees. Delays can occur due to supply chain issues, carrier delays, approval delays, or events outside our control.
If you have a firm deadline, you should contact us before ordering to confirm options.
10. Changes, Cancellations, and Order Approvals
Order changes or cancellations may be possible only before production begins. Once production starts, changes and cancellations may not be accepted.
You are responsible for reviewing and approving designs, mockups, proofs, sizes, quantities, spelling, and placement before confirming an order. If you approve an order with errors, you are responsible for those errors.
11. Returns, Refunds, and Reprints
Because customized items are made to order, returns are limited.
If there is an issue, we may, at our discretion:
● remake the product,
● issue a partial refund,
● issue a store credit,
● or provide another reasonable resolution.
Typical covered issues may include:
● materially defective blank goods,
● decoration quality outside a reasonable range,
● finished product materially different from the approved design.
Normal variation in color, thread, placement, and sizing may occur and is not necessarily a defect.
If you publish a separate Return and Refund Policy, that policy will control.
12. Service Availability and Disclaimer of Warranties
The Services are provided on an "as is" and "as available" basis. To the fullest extent permitted by law, we disclaim all warranties, whether express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.
We do not guarantee that the Services will be uninterrupted, secure, error-free, or free of viruses or other harmful components.
13. Limitation of Liability
To the fullest extent permitted by law:
Sandy Whisperz will not be liable for indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or goodwill, arising from or related to your use of the Services or any order.
Our total liability for any claim will not exceed the amount you paid to Sandy Whisperz for the specific order or transaction giving rise to the claim.
Some states do not allow certain limitations, so some limitations may not apply to you.
14. Indemnification
You agree to defend, indemnify, and hold harmless Sandy Whisperz and its owners, managers, employees, contractors, and affiliates from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:
● your User Content,
● your use of the Services,
● your violation of these Terms,
● your violation of any rights of another party.
15. Intellectual Property Complaints
We respect intellectual property rights and may remove content or disable accounts for repeat infringement.
If you believe content on our Services infringes your copyright or trademark, send a written notice that includes:
1. your physical or electronic signature
2. identification of the work or mark you claim is infringed
3. identification of the allegedly infringing material and where it appears (include a link or screenshot)
4. your contact information (name, address, phone number, email)
5. a statement that you have a good faith belief the use is not authorized 6. a statement that the notice is accurate
7. a statement, under penalty of perjury, that you are authorized to act for the rights holder Send notices to:
Sandy Whisperz Embroidery LLC
Attn: Intellectual Property Notices
Florida, USA
407-832-8745
sandywhisperz@gmail.com
We may request additional information to investigate.
16. Termination
We may suspend or terminate your access to the Services at any time if we believe you violated these Terms or if continued access poses risk.
You may stop using the Services at any time.
Sections that by their nature should survive termination will survive, including intellectual property, disclaimers, limitation of liability, indemnification, and governing law.
17. Governing Law and Venue
These Terms are governed by the laws of the State of Florida, without regard to conflict of law principles. Any dispute will be brought in the state or federal courts located in Florida, and you consent to personal jurisdiction and venue in those courts.
18. Changes to These Terms
We may update these Terms at any time. The updated version will be posted with a revised "Last Updated" date. Your continued use of the Services after changes are posted means you accept the updated Terms.
19. Contact Us
Sandy Whisperz Embroidery LLC
Florida, United States
Email: sandywhisperz@gmail.com Phone: 407-832-8745