Terms of Service

Effective Date: 9/17/2026

The terms “we”, “us”, and “our” refer to byZerly LLC (“Company”). The terms “Website(s)” refers to www.byzerly.com (“Website”). On the Website, we offer certain products for sale. The term “user,” “customer,” “you,” and “your” refers to visitors, users and customers of the Website and/or Products.

By using our Website and/or purchasing our Products, you are agreeing to the following Terms of Service (“Terms”) and our Privacy Policy or any other agreement that governs your use of our Website or Products (collectively, “Agreements”). You should not use our Website or purchase our Products if you do not agree with the terms and conditions contained in these Agreements.

1. OUR PRODUCTS

Products displayed on the Website may be available for purchase in one of two ways (collectively, “Products”):

  • (1) Direct Purchase Products. Certain products may be offered for sale directly by us through the Website (“Direct Purchase Product(s)”). When you purchase a Direct Purchase Product, we are the seller and are responsible for the sale, payment processing, fulfillment, shipping, and applicable returns and refunds as described in these Terms.

  • (2) Partner-Fulfilled Products. Certain products featuring our Designs may be offered, made and/or sold by independent third-party companies (“Partner-Fulfilled Product(s)”). When you purchase a Partner-Fulfilled Product, you will complete the purchase on the applicable third party's website. The third party, and not the Company, is the seller of the Partner-Fulfilled Product and they are responsible for the sale, payment processing, fulfillment, shipping, and applicable returns and refunds as described in their respective policies.

2. OUR DESIGNS AND INTELLECTUAL PROPERTY

For purposes of these Terms, “Designs” means the original surface patterns, patterns, repeats, illustrations, drawings, artwork, fonts, graphics, motifs, compositions, colorways and other original creative works owned by Company and displayed on or in connection with the Website or Products.

Except where expressly stated otherwise, Company owns and retains all right, title and interest in and to the Designs, including all applicable copyrights and other intellectual property rights. The Website itself, including its selection and arrangement of content, text, fonts, graphics, photographs, logos, branding and other original content, is also owned by or licensed to Company and is protected by applicable intellectual property laws.

Purchasing a Product does not mean purchasing the Design appearing on that Product. Your purchase gives you ownership of the particular physical Product purchased, subject to applicable law, but does not transfer to you any copyright, ownership interest, license, or any other intellectual property right in the Design appearing on that Product.

The names, logos, trade names, product names and other branding used by Company may constitute trademarks or other protected branding. Nothing in these Terms grants permission to use Company's name, logo, trademarks or branding in a manner that suggests sponsorship, affiliation, endorsement or authorization without Company's prior written consent. All rights not expressly granted are reserved.

3. LIMITED PERMISSION TO USE THE WEBSITE

Subject to these Terms, Company grants you a limited, revocable, non-exclusive, non-transferable and non-sublicensable permission to access and use the Website and its content for your personal, non-commercial purposes. This permission does not include any right to reproduce, commercially exploit, distribute, license, sell or otherwise use any Design or Product except as expressly permitted by Company in writing.

4. PROHIBITED USES OF PRODUCTS AND DESIGNS; PERSONAL USE ONLY

Products featuring our Designs are offered for personal, non-commercial use. You may use a Product in the ordinary manner for which that physical Product is intended. For example, you may use a greeting card as a greeting card, use stickers for your personal purposes, wear or use a finished consumer product, and use fabric or other craft materials in personal projects. Your purchase or possession of a Product does not authorize you to reproduce the Design appearing on it, manufacture or create goods for commercial sale.

Except with Company's prior written permission or to the extent otherwise permitted by applicable law, you may not:

  • (a) copy, reproduce, republish, distribute, transmit or publicly display a Design/Product;

  • (b) scan, digitize, trace, redraw or otherwise reproduce a Design/Product;

  • (c) extract or recreate a pattern repeat from a Design/Product;

  • (d) download or save images of Designs/Products for the purpose of reproducing, distributing or commercially exploiting them;

  • (e) alter the colors, scale, orientation, arrangement or individual elements of a Design/Product for the purpose of creating an unauthorized reproduction or derivative commercial product;

  • (f) print, manufacture, produce, commission or cause to be produced fabric, wallpaper, stationery, apparel, home goods, accessories or other merchandise bearing an unauthorized reproduction of a Design/Product;

  • (g) upload or submit a Design/Product or reproduction of a Design/Product to a print-on-demand service, textile printer, manufacturer, marketplace, design platform or other service;

  • (h) sell, license, distribute or make available any digital file, pattern file, clip art, template or other material containing or derived from an unauthorized reproduction of a Design/Product;

  • (i) use any Design/Product as your own artwork, branding, logo or commercial identity;

  • (j) remove, obscure or alter any copyright notice, watermark, signature, attribution or other rights-management information associated with a Design/Product; or

  • (k) authorize, encourage or assist another person to do any of the foregoing.

The fact that a Design/Product can be viewed online does not mean that it is in the public domain or free to use.

5. ARTIFICIAL INTELLIGENCE, SCRAPING AND AUTOMATED USE

Except with Company's prior written permission or to the extent a restriction is prohibited by applicable law, you may not use the Website, any Design or Product for:

  • (a) training, fine-tuning, developing, testing or improving a generative artificial intelligence, machine-learning or similar computational model;

  • (b) creating, compiling or contributing to a training dataset, image dataset or similar collection intended for use by an artificial intelligence or machine-learning system;

  • (c) automated scraping, crawling, harvesting, extraction or collection of Products, Designs or other Website content for commercial, dataset-building or model-development purposes; or

  • (d) using a Design or Product as an image input, reference or other source material in an automated system for the purpose of reproducing or generating unauthorized copies or substantially similar versions of that Design or Product.

No permission to engage in any such activity is granted merely because content is publicly accessible through the Website.

6. DIRECT PURCHASE PRODUCTS

This Section applies only to Direct Purchase Products purchased directly from us through the Website. They do not govern purchases of Partner-Fulfilled Products.

a. Orders By placing an order for a Direct Purchase Product, you are making an offer to purchase the Product subject to these Terms. We reserve the right to decline or cancel an order where reasonably necessary, including because a Product is unavailable, pricing or product information contains a material error, payment cannot be authorized, we reasonably suspect fraud or unauthorized activity, or we are unable to fulfill the order. If we cancel an order after payment has been collected, we will refund the amount paid for the cancelled portion of the order.

b. Prices, Payment and Taxes Prices for Direct Purchase Products are displayed on the Website and are subject to change without notice before an order is placed. Applicable shipping charges and taxes, if any, will be displayed or calculated as part of the checkout process. You agree to provide current, complete and accurate billing and payment information. Payment may be processed on our behalf by a third-party payment processor. Your use of that payment service may also be subject to the payment processor's applicable terms and privacy practices.

c. Shipping and Delivery of Direct Purchase Products We will ship Direct Purchase Products to the shipping address provided with your order. Any stated processing or shipping times are estimates unless expressly identified as guaranteed. We will use commercially reasonable efforts to ship within the time stated on the Website or otherwise communicated to you. If we are unable to ship an order within the time required by applicable law, we will provide any notice, cancellation option or refund required by applicable law.

Please carefully review your shipping information before submitting an order. If you discover an error in your shipping address, contact us promptly at support@byZerly.com. We cannot guarantee that an address can be changed after an order has entered the fulfillment or shipping process. Delivery times after shipment may depend on the carrier and destination and may be affected by circumstances outside our reasonable control. If tracking information indicates that an order has not been delivered, or if a package arrives materially damaged, please contact us at support@byZerly.com so that we can investigate and, where appropriate, work with the carrier.

d. Returns and Refunds for Direct Purchase Products If a Direct Purchase Product arrives damaged, defective, or materially different from the Product you ordered, please contact us at support@byZerly.com within [7] calendar days of delivery. Please provide your order number, a description of the problem, and, where reasonably necessary, photographs showing the damage, defect or incorrect Product. If we determine that the Product was damaged, defective or incorrectly supplied, we will provide an appropriate remedy, which may include replacement of the Product or a refund of the applicable purchase price and any other amounts required to be refunded by law.

Except for Direct Purchase Products that are damaged, defective or incorrectly supplied, sales of Direct Purchase Products are final and we do not accept returns or provide refunds for change of mind, except where otherwise required by applicable law. Nothing in this return policy limits any cancellation or refund right you may have under applicable law because an order cannot be shipped within the promised or legally required time.

e. Cancellations and Order Changes If you need to cancel or change a Direct Purchase Product order, contact us as soon as possible at support@byZerly.com. We will attempt to accommodate a requested cancellation or change, but we cannot guarantee that an order can be changed or cancelled after it has entered processing or has been shipped. This Section does not limit any cancellation right provided by applicable law.

7. PARTNER-FULFILLED PRODUCTS AND PRINT-ON-DEMAND SALES

Certain Products displayed or linked on the Website are made, sold and shipped by independent third-party, third-party print-on-demand companies or other sellers. When you click a link for a Partner-Fulfilled Product, you may leave our Website and be directed to the third party's platform. Any purchase you make on the third-party platform is a transaction between you and the applicable third-party seller. Company may receive a commission, royalty, percentage of the purchase price or other compensation when you purchase certain Partner-Fulfilled Products through links on the Website.

Unless expressly stated otherwise, Company:

  • (a) is not the seller of the Partner-Fulfilled Product;

  • (b) does not collect or process your payment for that transaction;

  • (c) does not manufacture or fulfill the Partner-Fulfilled Product;

  • (d) does not control the third party's shipping methods, charges or delivery times; and

  • (e) does not administer the third party's cancellation, return, exchange or refund policies.

Your purchase of a Partner-Fulfilled Product is governed by the applicable seller's terms, conditions and privacy policies. You should review those terms and policies before purchasing. Questions concerning payment, production, fulfillment, shipping, delivery, cancellations, returns or refunds for a Partner-Fulfilled Product should be directed to the applicable third-party seller. The inclusion or display of a Partner-Fulfilled Product on our Website does not change Company's ownership of the applicable Design.

8. PROHIBITED WEBSITE CONDUCT

To access or use the Website, you must be eighteen (18) years or older and have the requisite power and authority to enter into these Terms of Service. Minors are prohibited from using the Website.

In addition to the other conditions set forth in these Terms, you agree not to:

  • (a) use the Website for an unlawful or fraudulent purpose;

  • (b) interfere with or disrupt the Website or its security;

  • (c) attempt to gain unauthorized access to the Website or related systems;

  • (d) introduce malware, malicious code or other harmful technology;

  • (e) impersonate another person or misrepresent your affiliation with another person or entity;

  • (f) use automated means to access the Website in violation of these Terms; or

  • (g) use the Website in a manner that infringes the intellectual property or other rights of Company or any third party.

9. THIRD-PARTY WEBSITES AND SERVICES

The Website may contain links to websites, platforms and services operated by third parties. We do not control those third-party websites and are not responsible for their content, availability, security, privacy practices or terms. Links to such websites or resources do not imply any endorsement by or affiliation with the Company. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. Your use of a third-party website or service is governed by that third party's applicable terms and policies.

10. WEBSITE AVAILABILITY AND INFORMATION

We make reasonable efforts to display Products and Designs accurately. However, the appearance of colors may vary depending on your monitor, screen, device settings and other factors. We strive to provide accurate information but do not warrant that every description, image, price or other item of Website content will always be complete, current or error-free. We may update, modify, suspend or discontinue portions of the Website from time to time. Nothing in this Section permits us to alter a completed Direct Purchase Product transaction in a manner prohibited by applicable law.

11. DISCLAIMER OF WARRANTIES

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM WARRANTIES REGARDING THE WEBSITE TO THE EXTENT SUCH WARRANTIES MAY LAWFULLY BE DISCLAIMED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THIS DISCLAIMER DOES NOT EXCLUDE OR LIMIT ANY WARRANTY, REMEDY OR OTHER RIGHT THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED.

12. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY’S AGGREGATE LIABILITY ARISING OUT OF A DIRECT PURCHASE PRODUCT WILL NOT EXCEED THE AMOUNT YOU PAID TO COMPANY FOR THE DIRECT PURCHASE PRODUCT GIVING RISE TO THE CLAIM.

WITH RESPECT TO THIRD-PARTY PRODUCTS, COMPANY IS NOT RESPONSIBLE FOR ACTS OR OMISSIONS OF THE INDEPENDENT THIRD-PARTY SELLER, INCLUDING ITS PAYMENT PROCESSING, MANUFACTURING, FULFILLMENT, SHIPPING OR RETURN OPERATIONS, EXCEPT TO THE EXTENT LIABILITY CANNOT LAWFULLY BE EXCLUDED.

13. INDEMNIFICATION

You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms of Service, or any unlawful use by you of the Website and/or Products. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent. This Section does not require a consumer to indemnify Company for Company's own unlawful conduct or for liability that cannot lawfully be shifted to the consumer.

14. GOVERNING LAW AND VENUE

These Terms are governed by the laws of the State of Georgia, without regard to its conflict-of-laws principles, except to the extent federal law applies. Subject to any right that cannot lawfully be waived, any legal action arising out of or relating to these Terms or a Direct Purchase Product transaction shall be brought in a court of competent jurisdiction located in Forsyth County, Georgia, or, where applicable, the appropriate United States District Court having jurisdiction over that location. Nothing in this Section deprives a consumer of any protection or remedy that cannot lawfully be waived by contract.

15. RECOVERY OF LITIGATION EXPENSES

If any legal action or any arbitration or other proceeding is brought for the enforcement of the Terms of Service, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of the Terms of Service, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

16. EFFECT OF HEADINGS

The subject headings of the paragraphs of the Terms of Service are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

17. ENTIRE AGREEMENT

These Agreements (i.e., this Terms of Service, along with the referenced Privacy Policy) constitute the entire agreement between you and the Company with respect to the Website and/or Direct Purchase Product(s) and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the Company with respect to the Website and/or Direct Purchase Product(s). A Partner-Fulfilled Product is separately governed by the agreement between you and the applicable third-party seller.

18. WAIVER

Company’s waiver of any of the provisions of these Terms of Service shall not be deemed, nor shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by an authorized representative of the Company.

19. SEVERABILITY

If any term, provision, covenant, or condition of the Terms of Service is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Terms of Service shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

20. ASSIGNMENT

These Terms of Service bind and inure to the benefit of the parties’ successors and assigns. These Terms of Service are not assignable, delegable, sub-licensable or otherwise transferable by you. Any transfer, assignment, delegation or sublicense by you is invalid.

21. OUR PRIVACY POLICY

Please review our Privacy Policy located at Privacy Policy.

22. CHANGED TERMS

We reserve the right to update these Terms of Service at any time. Such amendments are effective immediately upon notice to you by us posting the new Terms of Service on this Website. Any use of the Website and/or Product(s) by you after an amendment is made means you accept these amendments, unless applicable law permits otherwise. The Terms in effect when you place a Direct Purchase Product order will govern that transaction unless otherwise required by law.

23. HOW TO CONTACT US

If you have any questions about this Terms of Service, please contact us at:

byZerly LLC 8735 Dunwoody Place Ste. N Atlanta, Georgia 30350 www.byzerly.com support@byZerly.com