TERMS OF SERVICE

Last Updated: June 1, 2025

PLEASE READ THESE TERMS OF SERVICE (“TOS”) CAREFULLY BEFORE USING OR PLACING AN ORDER ON smartesthumanever.com (THE “SITE”).

1. INTRODUCTION
   1.1. These Terms of Service (“TOS”) govern your use of and purchases from smartesthumanever.com (the “Site”), operated by the owner of the Site (“we,” “us,” or “our”). By visiting or placing an order on the Site, you agree to be bound by and comply with these TOS.
   1.2. If you do not agree to these TOS, do not access or use the Site.
2. ELIGIBILITY
   2.1. You must be at least 18 years old and able to form a legally binding contract under Florida law to use or purchase from the Site. By placing an order, you represent and warrant that you meet this requirement.
   2.2. The Site is intended for customers located in the United States. We reserve the right to refuse service to anyone at any time for any reason.
3. ACCOUNT CREATION
   3.1. No account is required to browse or purchase. If you choose to create an account, you agree to provide accurate, current, and complete information, and to maintain the security of your login credentials.
   3.2. You are responsible for all activity that occurs under your account. If you suspect unauthorized use of your account, contact us immediately at [email protected].
4. PRODUCTS
   4.1. We offer custom-designed printed cotton T-shirts (“Products”). All product descriptions, prices, and availability are subject to change without notice.
   4.2. Actual colors, designs, and images may vary slightly from what appears on your screen due to monitor settings and printing processes.
5. PRICING, PAYMENT & TAXES
   5.1. All prices are listed in U.S. Dollars (USD). We use Stripe for payment processing and accept the payment methods supported by Stripe, including major credit and debit cards.
   5.2. Prices do not include sales tax. Applicable sales tax will be calculated and added at checkout based on your shipping address.
   5.3. You agree to pay all charges for your order. We do not store your payment information; Stripe processes your payment, and you must comply with Stripe’s terms of service and privacy policy.
6. SHIPPING & DELIVERY
   6.1. Processing Time: Orders are submitted to our print provider (Printify) after 24 hours. Once submitted, printing and fulfillment begin immediately, and your Product ships as soon as possible.
   6.2. Shipping Method & Rates: All shipments use Printify standard shipping. The cost is $4.75 for the first item and $2.40 for each additional item. Shipping times are up to 2–5 business days after fulfillment.
   6.3. Delivery Timeframe: After the order is submitted for printing (within 24 hours), expect delivery within 2–5 business days to U.S. addresses.
   6.4. International Shipping: We do not offer international shipping at this time.
   6.5. Local Pickup: Not available.
   6.6. Risk of Loss: Title and risk of loss pass to you upon delivery of the Product to the shipping carrier.
7. RETURNS, EXCHANGES & REFUNDS
   7.1. All sales are final. We do not accept returns or exchanges.
   7.2. If a Product arrives damaged or is defective due to manufacturing error, contact us within 7 days of delivery at [email protected]. We may, at our sole discretion, issue a replacement or store credit. No refunds will be issued except as required by law.
   7.3. To request assistance for a damaged or defective item, you must provide order details, photographs of the damage/defect, and any other information we request.
8. ORDER CANCELLATION & MODIFICATION
   8.1. You may cancel or modify your order within 24 hours of purchase by emailing [email protected]. After 24 hours, orders will have been submitted for printing and cannot be canceled or modified.
9. INTELLECTUAL PROPERTY
   9.1. All content on the Site—designs, artwork, logos, text, and images—are owned by us and protected by U.S. and international copyright, trademark, and other laws.
   9.2. You may not reproduce, distribute, modify, create derivative works of, publicly display, or otherwise exploit any content from the Site or our Products without our prior written permission.
   9.3. You may not replicate, copy, or resell our T-shirt designs or any Site content. Any unauthorized use of our designs or content is strictly prohibited.
10. USER-GENERATED CONTENT
    10.1. We do not allow customers to upload custom designs or other user-generated content on the Site. All Products are designed exclusively by us.
11. THIRD-PARTY LINKS & SERVICES
    11.1. Our Site is built on WordPress and uses WooCommerce, Stripe, and Printify for hosting, e-commerce functionality, payment processing, and fulfillment. We do not control these third-party services; your use of them is subject to their respective terms, conditions, and privacy policies.
    11.2. We are not responsible for any downtime, disruptions, or errors caused by third-party providers.
12. WARRANTIES & DISCLAIMERS
    12.1. YOU ACCEPT AND AGREE THAT ALL PRODUCTS ARE PROVIDED “AS-IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
    12.2. We do not warrant that the Site will be uninterrupted, error-free, or free of harmful components (viruses, malware, etc.).
    12.3. We make no guarantee regarding production or delivery dates. Estimated shipping times may be delayed due to factors outside our control (e.g., carrier delays, supply shortages).
13. LIMITATION OF LIABILITY
    13.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR PARTNERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, LOST DATA, OR LOSS OF GOODWILL) ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SITE OR PRODUCTS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    13.2. OUR AGGREGATE LIABILITY FOR ANY CLAIM ARISING UNDER THESE TOS OR RELATED TO THE SITE OR PRODUCTS SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SPECIFIC PRODUCT(S) GIVING RISE TO THE CLAIM.
14. INDEMNIFICATION
    14.1. You agree to defend, indemnify, and hold harmless us, our affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses (including reasonable attorneys’ fees) arising out of or in any way connected with:
      (a) Your breach of these TOS;
      (b) Your violation of any applicable law or the rights of a third party; or
      (c) Your use of the Site or Products.
15. TERMINATION
    15.1. We may suspend or terminate your access to the Site or cancel your orders at our sole discretion, without liability, if you violate these TOS, engage in fraudulent behavior, or otherwise create risk or possible legal exposure for us.
    15.2. Upon termination, your right to use the Site immediately ceases. Sections 9 (Intellectual Property), 12 (Warranties & Disclaimers), 13 (Limitation of Liability), 14 (Indemnification), and 16 (General Provisions) will survive.
16. MODIFICATIONS TO TERMS
    16.1. We reserve the right to change, modify, or update these TOS at any time. Revised TOS will be posted on the Site with a new “Last Updated” date. Your continued use of the Site after any changes constitutes acceptance of the updated TOS.
17. GOVERNING LAW & DISPUTE RESOLUTION
    17.1. These TOS shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflicts-of-law provisions.
    17.2. Any dispute arising out of or relating to these TOS or the Site shall be resolved exclusively by binding arbitration in Tampa, Florida, under the rules of the American Arbitration Association. You and we each waive any right to a jury trial or to participate in a class-action lawsuit.
18. SEVERABILITY & WAIVER
    18.1. If any provision of these TOS is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
    18.2. Our failure to enforce any right or provision of these TOS will not be deemed a waiver of such right or provision.
19. ENTIRE AGREEMENT
    19.1. These TOS (including any policies referenced herein, such as our future Privacy Policy) constitute the entire agreement between you and us regarding your use of the Site and Products and supersede all prior agreements or understandings.
20. CONTACT INFORMATION
    20.1. For any questions about these TOS or to submit legal notices, please contact us at:
      Email: [email protected]

BY PLACING AN ORDER OR USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO THESE TERMS OF SERVICE.