Terms of Service

By creating an account, placing an order, or otherwise using the Services, you agree to these Terms and our Privacy Policy. If you use the Services on behalf of an entity, you represent that you have authority to bind that entity, and “you” refers to both you and that entity.

You must be at least 18 years old and able to enter into binding contracts. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify us immediately at security@activateswag.com if you suspect unauthorized access.

The Services include our swag-management platform (including SwagGenius AI, redeem pages, swag shops, sample programs, and fulfillment tools), our product catalog, our design and decoration services, and related support. We may update, modify, or discontinue features at any time. We will provide reasonable notice for material changes that adversely affect paying customers.

Orders.

When you place an order, you make an offer to purchase. We accept orders by sending an order confirmation. We may reject or cancel orders for any lawful reason, including pricing errors, availability, suspected fraud, or inability to verify delivery details.

Pricing and taxes.

Prices, fees, and minimums are shown at checkout or in your order form. You are responsible for applicable taxes and duties. We may correct obvious pricing errors and will give you the opportunity to proceed at the corrected price or cancel.

Payment.

Payment is due at checkout or per your order form. We use third-party payment processors and do not store full card numbers. Failed or disputed payments may result in suspension of the Services. Chargebacks without prior contact with our support team may result in additional fees.

Shipping, risk of loss, and returns.

Shipping estimates are not guarantees. Risk of loss transfers to you when we tender the goods to the carrier. Because swag is custom-decorated to your specifications, orders are generally non-returnable and non-refundable except for defects or mistakes we caused. If you spot an issue, contact us within 14 days of delivery at support@activateswag.com.

You retain all rights in the logos, artwork, designs, recipient lists, and other content you upload or provide (“Your Content”). You grant us a worldwide, royalty-free license to host, reproduce, adapt (e.g., for decoration, proofing, and color separation), display, and transmit Your Content solely to provide the Services you request.

You represent that you have all rights necessary to submit Your Content, that it does not infringe the rights of others, and that it complies with applicable law. You are solely responsible for Your Content.

The Services, including our software, product photography, site design, marks, and SwagGenius AI outputs (except Your Content), are owned by Activate Swag or our licensors and are protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Services consistent with these Terms. All other rights are reserved.

“Activate Swag,” the Activate Swag logo, and related marks are our trademarks. You may not use them without our prior written consent.

You agree not to:

• Violate any law or third-party right (including intellectual property, privacy, publicity, and export-control laws).
• Upload artwork containing hate speech, harassment, sexually explicit material, or incitement to violence.
• Interfere with, disrupt, probe, or reverse-engineer the Services or circumvent security or rate limits.
• Use automated scraping, data mining, or AI training on our catalog, pricing, or content without our prior written consent.
• Resell, sublicense, or commercially exploit the Services outside your own business use.
• Submit false, misleading, or fraudulent information, including payment or identity details.

The Services may integrate with third-party platforms (e.g., HRIS, CRM, shipping carriers, payment processors). Your use of those services is governed by their own terms. We are not responsible for third-party services and disclaim liability for their acts or omissions.

We may offer pre-release, beta, or experimental features. These are provided “as is,” may be unstable, and may be modified or discontinued at any time. Feedback you provide may be used without restriction or compensation.

Subscriptions renew automatically for successive terms unless cancelled prior to renewal. We may change subscription fees upon at least 30 days' notice, effective at your next renewal. Your continued use after the effective date constitutes acceptance of the new fees. Fees paid are non-refundable except as required by law.

You may close your account at any time by emailing support@activateswag.com. We may suspend or terminate your access if you breach these Terms, pose a security or legal risk, or fail to pay amounts due. Upon termination, your right to use the Services ends; provisions that by their nature should survive (including Sections 5, 6, 12–17) will survive.

The services are provided “as is” and “as available.”

To the maximum extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Services will be uninterrupted, error-free, or secure, or that delivery estimates will be met. Color matching, sample approvals, and decoration methods are subject to production tolerances standard in the promotional products industry.

To the maximum extent permitted by law:

• We will not be liable for indirect, incidental, consequential, special, exemplary, or punitive damages, including lost profits, lost data, or business interruption, even if advised of the possibility.
• Our aggregate liability for any claim arising from or related to the Services will not exceed the greater of (a) the amounts paid by you to Activate Swag in the 12 months before the claim arose, or (b) US$500.

Some jurisdictions do not allow limitation of certain damages. In those jurisdictions, our liability is limited to the minimum extent permitted.

You agree to defend, indemnify, and hold harmless Activate Swag and our officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from (a) Your Content, (b) your use of the Services, or (c) your breach of these Terms or violation of law.

These Terms are governed by the laws of the Commonwealth of Pennsylvania, without regard to conflict-of-laws principles. The U.N. Convention on Contracts for the International Sale of Goods does not apply.

Class-action waiver. You and we agree that any arbitration or legal action will be conducted only on an individual basis and not as a class, collective, or representative action.

Opt-out. You may opt out of this arbitration agreement within 30 days of first accepting these Terms by emailing legal@activateswag.com with the subject “Arbitration Opt-Out.”

Exceptions. Either party may bring an individual action in small-claims court or seek injunctive relief in court for intellectual-property infringement or unauthorized access to the Services.

• Entire agreement. These Terms, any applicable order form, and the Privacy Policy constitute the entire agreement between you and us regarding the Services.
• Amendments. We may update these Terms. Material changes will be communicated at least 14 days before they take effect.
• Assignment. You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition, or asset sale.
• Severability. If any provision is unenforceable, the rest remains in effect.
• No waiver. Our failure to enforce a provision is not a waiver.
• Force majeure. Neither party is liable for failure caused by events beyond its reasonable control.
• Notices. We may provide notice by email or through the Services.

Activate Swag, Inc.
Attn: Legal Team
1500 Market Street, Philadelphia, PA 19102, USA
legal@activateswag.com