Terms of Service – United States

Effective date: April 29, 2026

These Terms of Service and Terms of Sale (“Terms”) apply to your access to and use of https://personalify.com, including any purchase of products from Personalify by customers located in the United States.

The shop is operated by Werner & Zimmermann GbR, Clara-Schumann-Straße 15, 74889 Sinsheim, Germany (“Personalify,” “we,” “us,” or “our”).

By using the website, creating an account, uploading content, placing an order, or clicking to accept these Terms, you agree to these Terms.

1. U.S. customer scope

These Terms are intended for customers located in the United States. If you purchase from another country, separate country-specific terms, mandatory consumer rights, or local policies may apply.

2. Eligibility

You must be at least 18 years old, or the age of majority in your state, to place an order. The website is not directed to children under 13. By using the website, you represent that you can form a legally binding contract.

3. Our products

Personalify sells customized and personalized gifts, including products that may be personalized with names, dates, text, photos, artwork, likenesses, illustrations, or other details that you provide.

For U.S. customers, products are personalized, finished, and shipped from the United States.

Unless stated otherwise on a product page, “personalized in the USA,” “finished in the USA,” or similar wording means that the personalization, printing, finishing, or fulfillment process occurs in the United States. It does not necessarily mean that every blank product, textile, mug, component, material, or packaging item was manufactured in the United States.

4. Personalized products are made for you

Because personalized products are created specifically for you, they generally cannot be returned, exchanged, or cancelled after production begins, except for damage, defects, wrong items, or errors caused by Personalify, as described in our Shipping & Returns Policy.

Please carefully review all names, dates, messages, images, product options, sizes, colors, quantities, and shipping details before submitting your order.

5. Uploads, photos, names, and personalization content

When you upload or submit content, you represent and warrant that:

• you own the content or have all necessary rights, permissions, and consents to use it;
• you have permission from every identifiable person shown or named in the content;
• if the content includes a child, you are the child’s parent or legal guardian or have permission from the parent or legal guardian;
• the content does not infringe copyrights, trademarks, privacy rights, publicity rights, or other rights of any person;
• the content is not illegal, hateful, threatening, defamatory, harassing, exploitative, pornographic, or otherwise harmful.

You grant Personalify a limited, worldwide, non-exclusive, royalty-free license to use, reproduce, crop, resize, adjust, preview, print, manufacture, display internally, and otherwise process your submitted content solely to operate the website, create previews, produce your order, provide customer support, prevent fraud, improve our services, and comply with legal obligations.

We will not use your uploaded photos or personalization content in public marketing unless you separately authorize us to do so.

We may refuse, cancel, or remove content or orders that we believe violate these Terms, applicable law, third-party rights, or our internal content standards.

6. Prohibited uses

You may not use the website or submit content to:

• violate any law or regulation;
• infringe intellectual property, privacy, or publicity rights;
• upload malware, malicious code, or deceptive content;
• harass, abuse, threaten, or harm any person;
• impersonate another person;
• interfere with the website, payment systems, security features, or fulfillment process;
• create products that promote violence, hatred, exploitation, or illegal activity.

7. Orders and acceptance

Your order is an offer to buy the products in your cart. We may accept your order by sending an order confirmation, starting production, charging your payment method, or shipping the product.

We may refuse or cancel an order if:

• the product, personalization, or uploaded content violates these Terms;
• payment is declined or appears fraudulent;
• pricing, product, or availability information contains an error;
• shipping information is incomplete or invalid;
• we are unable to fulfill the order.

If we cancel an order after payment, we will refund the amount paid for the cancelled item unless the order is cancelled because of suspected fraud or unlawful activity and we are legally permitted to withhold payment.

8. Prices, discounts, and payment

Prices are shown in U.S. dollars unless stated otherwise. Taxes, shipping costs, and other charges may be added at checkout.

We may change prices, discounts, promotions, and product availability at any time before an order is accepted. Discount codes may be subject to additional conditions and may not be combinable, transferable, redeemable for cash, or valid after expiration.

Payments are processed by third-party payment providers. We do not store full payment card numbers. Your use of a payment method may be subject to the payment provider’s terms and privacy policy.

9. Shipping and delivery

U.S. orders are personalized, finished, and shipped from the United States.

Production, personalization, and delivery estimates are provided on product pages, in the cart, at checkout, or in our Shipping & Returns Policy. Delivery estimates are not guarantees unless we expressly state that a specific delivery date is guaranteed.

Please provide a complete and accurate shipping address. We are not responsible for delivery delays or failed delivery caused by incorrect or incomplete shipping information provided by you.

Risk of loss passes to you when the order is delivered to the shipping address provided at checkout, except where applicable law provides otherwise.

10. Returns, refunds, replacements, and cancellations

Our Shipping & Returns Policy explains when products may be returned, refunded, replaced, or cancelled.

Personalized products are final sale except for damage, defects, wrong items, or Personalify errors. If something is wrong with your order, contact us within 30 days after delivery at info@personalify.com with your order number and photos showing the issue.

Depending on the issue, we may offer a replacement, repair, refund, store credit, or another reasonable solution.

11. Product appearance and personalization limitations

We work to display products and previews accurately, but colors, image placement, print results, fabric texture, sizing, and layout may vary due to screen settings, production processes, available materials, and the quality of uploaded images.

You are responsible for checking spelling, grammar, names, dates, selected product options, sizes, quantities, uploaded files, and shipping information before placing your order. We are not responsible for customer-submitted typos, low-resolution images, incorrect sizes, incorrect product selections, or incorrect shipping addresses unless the issue was caused by Personalify.

12. Reviews, testimonials, and feedback

If you submit a review, testimonial, photo, comment, rating, or other feedback, you grant Personalify a non-exclusive, worldwide, royalty-free license to use, reproduce, publish, display, distribute, edit, and create derivative works from that feedback for customer support, quality assurance, marketing, and business purposes, unless your submission or applicable law states otherwise.

We may moderate, remove, or decline to publish reviews that are unlawful, offensive, irrelevant, misleading, fraudulent, or inconsistent with our review guidelines.

13. Email marketing

If you sign up for marketing emails, we may send you newsletters, offers, product updates, cart reminders, and related marketing messages. You can unsubscribe at any time by using the unsubscribe link in the email or contacting us.

We do not use SMS marketing for the U.S. test covered by these Terms.

14. Intellectual property

The website, product designs, templates, graphics, images, text, logos, software, and other content made available by Personalify are owned by Personalify or its licensors and are protected by intellectual property laws.

You may use the website only for personal, non-commercial shopping and order-related purposes. You may not copy, scrape, reproduce, modify, distribute, sell, or exploit any part of the website or our content without written permission.

15. Copyright complaints

If you believe that content on the website infringes your copyright, please contact us at info@personalify.com with:

• your name and contact information;
• identification of the copyrighted work;
• identification of the allegedly infringing material;
• a statement that you have a good-faith belief that the use is not authorized;
• a statement that the information in your notice is accurate;
• your physical or electronic signature.

If Personalify later hosts public user-generated content or a public design marketplace, we should implement a separate DMCA policy and register a DMCA agent.

16. Third-party services

The website may rely on third-party services, including Shopify, payment providers, analytics providers, advertising platforms, customer support tools, shipping carriers, review tools, and social media platforms. Those services may be subject to their own terms and privacy policies.

17. No warranties

The website and products are provided on an “as is” and “as available” basis, except as expressly stated in these Terms, our Shipping & Returns Policy, or applicable law.

To the fullest extent permitted by law, we disclaim implied warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Some states do not allow limitations on implied warranties, so some limitations may not apply to you.

18. Limitation of liability

To the fullest extent permitted by law, Personalify will not be liable for indirect, incidental, consequential, special, exemplary, or punitive damages, including lost profits, lost data, business interruption, or reputational harm.

To the fullest extent permitted by law, our total liability for any claim related to an order will not exceed the amount you paid for the product giving rise to the claim.

Nothing in these Terms limits liability that cannot legally be limited, including liability for intentional misconduct, fraud, or rights that cannot be waived under applicable consumer law.

19. Indemnification

You agree to defend, indemnify, and hold harmless Personalify, its owners, partners, employees, service providers, and affiliates from claims, damages, losses, liabilities, costs, and expenses arising from your violation of these Terms, your uploaded content, your infringement of third-party rights, or your unlawful use of the website.

20. Changes to the website and Terms

We may update the website, products, prices, policies, and these Terms from time to time. The version posted on the website at the time of your order will apply to that order unless a later change is required by law.

21. Governing law

These Terms are governed by the laws of Germany, without regard to conflict-of-law rules, except where the mandatory consumer protection laws of your U.S. state of residence provide otherwise.

22. Contact

Questions about these Terms can be sent to:

Werner & Zimmermann GbR

Clara-Schumann-Straße 15

74889 Sinsheim

Germany

Email: info@personalify.com