Terms of Service

01Eligibility

You must be at least 18 years old and legally capable of entering into a binding contract to place an order, create an account, submit a Make Anything request, or otherwise purchase our products or services.

Our products may be purchased by adults for children, but our website and purchasing services are not intended for use independently by minors.

02Our Products and Services

Made Possible Designs creates and sells products that may include:

• Custom sports accessories;
• Awards and recognition pieces;
• Desk and office products;
• Pet-related products;
• Personalized products;
• Decorative products;
• 3D-printed products;
• Digitally fabricated products;
• Made-to-order products;
• Limited-production products; and
• Fully custom products through our Make Anything service.

Some products are standard designs with selectable customization.

Others are designed specifically for an individual customer.

03Make Anything

Our Make Anything service allows customers to bring us an idea and work with us to determine whether and how it can be made.

Submitting an idea does not guarantee that we will accept the project.

We may decline a project for any lawful reason, including:

• Technical limitations;
• Safety concerns;
• Manufacturing limitations;
• Capacity;
• Cost;
• Intellectual-property concerns;
• Prohibited content;
• Inappropriate materials;
• Insufficient information; or
• A determination that we cannot responsibly manufacture the requested item.

We may suggest modifications to improve manufacturability, durability, appearance, safety, or cost.

04Custom-Design Process

Custom projects may follow a process similar to:

01 — Tell us your idea

Describe what you would like us to make.

02 — Upload photos & sketches

Provide photographs, drawings, sketches, measurements, inspiration, or other reference materials where appropriate.

03 — We design it

We develop a proposed design based on your instructions and our design judgment.

04 — You approve it

You review the proposed design and either request permitted revisions or approve the design for production.

05 — We make it

Following approval, we manufacture the product.

Specific projects may use a modified process depending on their requirements.

05Design Previews

Custom-design previews are intended to provide a reasonable representation of the proposed product.

Digital previews may not perfectly reproduce the appearance of a physical object.

Differences may result from:

• Screen calibration;
• Lighting;
• Material characteristics;
• Manufacturing processes;
• Surface texture;
• Filament or material batches;
• Scale;
• Photography;
• Rendering; or
• Other production characteristics.

The physical product should substantially conform to the approved design, subject to reasonable manufacturing variations.

06Customer Approval

CUSTOMERS ARE RESPONSIBLE FOR CAREFULLY REVIEWING CUSTOM-DESIGN PREVIEWS BEFORE APPROVAL.

Before approving a design, you should review:

• Names;
• Spelling;
• Dates;
• Numbers;
• Messages;
• Colors;
• Dimensions;
• Proportions;
• Layout;
• Orientation;
• Product configuration;
• Uploaded images;
• Logos;
• Personalization; and
• Other material design elements.

When you select “Approve Design & Begin Production,” or otherwise provide clear approval, you authorize Made Possible Designs to manufacture the product based on the approved design.

Your approval becomes part of the order record.

Once an approved custom product enters production, changes may not be possible.

07Design Revisions

The number or scope of design revisions included with a custom project may depend on the product or quote.

We may charge additional design fees for:

• Extensive revisions;
• Repeated changes;
• Changes to the original project scope;
• Redesign after approval;
• New concepts after substantial design work; or
• Requests requiring significant additional design time.

Any additional charge will be disclosed before the additional paid work is performed.

08Prices and Payment

Prices are displayed in the currency indicated during checkout.

Prices may change at any time before an order is placed.

Custom projects may require:

• Full payment;
• A deposit;
• A design fee;
• A production payment; or
• Another payment schedule disclosed before purchase.

You authorize us and our payment providers to charge the payment method you provide for authorized amounts associated with your order.

09Taxes

Applicable sales, use, goods and services, harmonized sales, or other transaction taxes may be collected where required by law.

Customers remain responsible for taxes that are legally their responsibility and are not collected by us at checkout.

10Order Acceptance

An order confirmation does not necessarily constitute final acceptance of an order.

We may reject or cancel an order before fulfillment where reasonably necessary, including because of:

• Pricing errors;
• Product unavailability;
• Suspected fraud;
• Technical errors;
• Manufacturing limitations;
• Intellectual-property concerns;
• Safety concerns; or
• Other legitimate business reasons.

If we cancel an order after collecting payment and no amount is properly owed for completed authorized work, we will issue an appropriate refund.

11Cancellations

Standard Products

Orders for standard, non-personalized products may generally be cancelled before production or fulfillment begins.

Custom Products

Custom orders may generally be cancelled for a full refund before custom design work begins.

Once custom design work has begun, cancellation may be subject to a reasonable design fee reflecting authorized work already performed.

After Design Approval

Once you approve a custom design and production begins, the custom order generally cannot be cancelled because the product is being manufactured specifically for you.

This does not limit rights or remedies that cannot legally be waived.

12Returns

Standard, Non-Personalized Products

Unless otherwise stated at the time of purchase, eligible standard, non-personalized products may generally be returned within 30 days after delivery if they are:

• Unused;
• Undamaged; and
• Returned in their original condition.

Customers may be responsible for return shipping unless the return results from our error or a defective product.

Original shipping charges may be non-refundable except where required by law or where the return results from our error.

Personalized and Custom Products

Because personalized and custom products are manufactured specifically for a particular customer, they are generally FINAL SALE once production begins following approval.

Custom and personalized products generally cannot be returned or exchanged because of:

• A change of mind;
• A customer-provided spelling error;
• Incorrect information provided by the customer;
• An issue clearly visible in an approved design;
• A preference change after approval; or
• Other circumstances not resulting from our error or a product defect.

Nothing in this section eliminates rights or remedies that cannot lawfully be waived.

13Damaged, Defective or Incorrect Products

We stand behind the products we manufacture.

If your product:

• Arrives damaged;
• Has a manufacturing defect;
• Is materially different from the design you approved;
• Contains an error caused by Made Possible Designs; or
• Is the wrong product,

please contact us preferably within seven days after delivery.

We may ask you to provide:

• Your order number;
• A description of the problem;
• Photographs of the product;
• Photographs of the packaging; and
• Other information reasonably necessary to evaluate the issue.

After review, an appropriate remedy may include:

• Repair;
• Replacement;
• Remanufacture;
• Store credit;
• Partial refund; or
• Full refund,

depending on the circumstances and applicable law.

Where the problem is our responsibility, we will not charge you for an appropriate replacement or remedy.

If we make it wrong, we’ll work to make it right.

14Shipping Damage

If an order arrives damaged, please retain and photograph:

• The product;
• The shipping container;
• Interior packaging;
• Shipping label; and
• Visible damage.

Do not dispose of damaged packaging until we tell you it is no longer needed, because shipping carriers may require evidence for a claim.

15Shipping and Delivery

Production and delivery estimates are estimates unless expressly stated otherwise.

Custom manufacturing may require additional time.

We will use commercially reasonable efforts to ship within any timeframe we expressly promise.

If we cannot ship within an applicable promised timeframe, we will provide notices, cancellation rights, refunds, or other remedies as required by applicable law.

Shipping-carrier delivery estimates are generally outside our direct control after a package has been tendered to the carrier.

Risk of loss and title will transfer as provided by applicable law and the terms applicable to the shipment.

163D-Printed and Digitally Fabricated Products

Many Made Possible Designs products are individually manufactured rather than mass-produced.

Depending on the manufacturing process, products may exhibit minor variations in:

• Layer appearance;
• Surface texture;
• Seams;
• Color;
• Finish;
• Dimensions;
• Pattern alignment;
• Material appearance; or
• Other manufacturing characteristics.

Reasonable manufacturing variations inherent in the disclosed production process do not necessarily constitute defects.

We nevertheless inspect products against our quality standards before fulfillment.

17Product Colors

Colors shown digitally may differ from physical products due to:

• Display settings;
• Lighting;
• Photography;
• Material batches;
• Printing conditions; and
• Manufacturing processes.

We attempt to represent products accurately but cannot guarantee exact screen-to-product color matching unless expressly agreed for a specific project.

18Product Safety and Intended Use

Products should be used only for their intended purpose and in accordance with any product-specific instructions or warnings.

Some products may contain small parts, magnets, electronics, batteries, cords, or other components that require appropriate supervision or care.

A product designed for a child’s room or purchased for a child is not necessarily a toy.

Customers are responsible for following product-specific safety information.

Do not use decorative products as safety equipment, structural components, food-contact products, medical devices, protective equipment, or for another safety-critical purpose unless the product is expressly sold by Made Possible Designs for that use.

19Customer Content

“Customer Content” means materials you submit to us, including:

• Photographs;
• Drawings;
• Sketches;
• Artwork;
• Logos;
• Text;
• Names;
• Designs;
• Files;
• Images; and
• Other materials.

You retain whatever ownership rights you lawfully possess in your Customer Content.

You grant Made Possible Designs a limited, non-exclusive license to use, reproduce, modify, adapt, convert, render, and otherwise process Customer Content as reasonably necessary to:

• Evaluate your request;
• Develop your design;
• Communicate with you;
• Manufacture the product;
• Fulfill your order;
• Provide customer service;
• Support authorized reorders or replacements; and
• Maintain appropriate business records.

This operational license does not automatically authorize us to use your uploaded personal photographs or other Customer Content for advertising or promotional purposes.

20Your Responsibility for Customer Content

You represent that you have the rights and permissions reasonably necessary for us to use Customer Content to perform your requested services.

You must not knowingly ask us to reproduce content that unlawfully infringes another person’s:

• Copyright;
• Trademark;
• Right of publicity;
• Privacy rights;
• Patent rights; or
• Other intellectual-property or proprietary rights.

Submitting a logo, character, photograph, sports-team mark, entertainment property, artwork, or other material does not establish that you own or have permission to reproduce it.

We may request evidence of authorization or decline a project where intellectual-property rights are unclear.

21Third-Party Intellectual Property

Made Possible Designs respects intellectual-property rights.

We reserve the right to reject or discontinue requests involving material that we reasonably believe may infringe third-party rights.

This may include unauthorized reproduction of:

• Professional sports logos;
• Collegiate marks;
• Entertainment characters;
• Corporate logos;
• Copyrighted artwork;
• Brand designs; or
• Other protected materials.

Acceptance of a file upload does not constitute a determination that the requested use is lawful.

22Made Possible Designs Intellectual Property

Except for Customer Content and third-party materials, the website and materials created or owned by Made Possible Designs may include intellectual property belonging to Constellation Digital LLC, including:

• Branding;
• Logos;
• Website content;
• Photography;
• Product designs;
• Design systems;
• Manufacturing files;
• CAD files;
• Production methods;
• Templates;
• Graphics; and
• Other proprietary materials.

Purchase of a physical product does not automatically transfer intellectual-property rights, CAD files, source files, production files, molds, manufacturing methods, or other underlying design assets.

23Custom-Design Ownership

Unless otherwise agreed in writing, purchasing a custom physical product does not automatically constitute a work-for-hire arrangement or assignment of Made Possible Designs’ underlying design, engineering, manufacturing, CAD, production, or other intellectual-property rights.

The customer receives the physical product and any usage rights expressly stated in the applicable order or agreement.

If a customer requires exclusive design ownership, source files, commercial reproduction rights, or an intellectual-property assignment, those rights must be separately agreed to in writing and may require additional fees.

24Photography of Finished Products

Made Possible Designs may photograph or create renderings of products we manufacture and may use those images for portfolio, website, social-media, product-listing, advertising, or promotional purposes.

We will not use a customer’s originally uploaded photographs, sketches, or reference files for promotional purposes without permission.

Where the finished product itself prominently contains personal photographs, sensitive personal information, or similar material warranting additional privacy protection, we will not intentionally use that finished-product image for promotional purposes without appropriate permission.

Nothing in this provision gives Made Possible Designs rights to use third-party intellectual property beyond rights otherwise available under applicable law or authorization.

25Prohibited Uses

You may not use our website or services to:

• Violate law;
• Commit fraud;
• Infringe intellectual-property rights;
• Submit unlawful content;
• Introduce malicious code;
• Interfere with website security;
• Attempt unauthorized access;
• Harass or threaten others;
• Impersonate another person;
• Abuse our custom-design process; or
• Request products whose manufacture or intended use would be unlawful.

26Accounts

If accounts are offered, you are responsible for:

• Providing accurate information;
• Maintaining account security;
• Protecting access to your email account and any other sign-in method you use; and
• Promptly notifying us of suspected unauthorized access.

We may suspend or terminate accounts where reasonably necessary to protect customers, our business, or our services.

27Product Images and Descriptions

We attempt to describe and depict products accurately.

However, website photographs, renders, prototypes, mockups, measurements, and descriptions may contain reasonable variations or occasional errors.

If a material error affects your order, contact us so we can evaluate an appropriate resolution.

28Promotions and Discounts

Promotional offers may be subject to separate terms.

Unless otherwise stated:

• Discounts cannot be combined;
• Promotional codes have no cash value;
• Promotions may expire; and
• We may correct promotional errors before an order is accepted.

29Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR WEBSITE, SERVICES, AND PRODUCTS ARE PROVIDED SUBJECT TO THE WARRANTIES EXPRESSLY PROVIDED BY US, IF ANY, AND ANY WARRANTIES THAT CANNOT LEGALLY BE DISCLAIMED.

TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM OTHER IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

THIS SECTION DOES NOT LIMIT ANY WARRANTY, CONSUMER RIGHT, OR REMEDY THAT CANNOT LAWFULLY BE DISCLAIMED.

30Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MADE POSSIBLE DESIGNS AND CONSTELLATION DIGITAL LLC WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THE WEBSITE, PRODUCTS, OR SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR AGGREGATE LIABILITY ARISING FROM A PARTICULAR PRODUCT, ORDER, OR SERVICE WILL NOT EXCEED THE AMOUNT PAID TO US FOR THE PRODUCT, ORDER, OR SERVICE GIVING RISE TO THE CLAIM.

THESE LIMITATIONS DO NOT APPLY TO LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED.

Some jurisdictions do not permit certain limitations or exclusions, so portions of this section may not apply to you.

31Indemnification

To the extent permitted by applicable law, you agree to indemnify and hold harmless Constellation Digital LLC and Made Possible Designs from third-party claims arising from Customer Content you knowingly provide or instructions you give us where the claim results from your lack of required rights or authorization.

This provision does not require a consumer to indemnify us for our own negligence, misconduct, legal violations, or manufacturing errors.

32Privacy

Our collection and use of personal information is described in our Privacy Policy.

The Privacy Policy is incorporated into these Terms by reference where permitted by applicable law.

33Informal Dispute Resolution

Before initiating formal legal proceedings, you and Made Possible Designs agree, where reasonable and permitted by law, to attempt in good faith to resolve the dispute informally.

To initiate an informal dispute, contact:

contact@madepossibledesigns.com

Your notice should reasonably identify:

• Your name;
• Order number, if applicable;
• Nature of the dispute; and
• Requested resolution.

We will attempt to work with you toward a resolution.

Unless immediate legal action is reasonably necessary or applicable law provides otherwise, the parties should allow approximately 30 days for good-faith informal resolution before commencing formal proceedings.

34No Mandatory Arbitration

These Terms do not currently require mandatory arbitration.

They also do not contain a contractual class-action waiver.

Made Possible Designs may reconsider its dispute-resolution structure as the business grows, but any material future change will be implemented subject to applicable notice, assent, and legal requirements.

35Governing Law

To the extent permitted by applicable law, these Terms and disputes arising from them are governed by the laws of the State of New Jersey, without regard to conflict-of-law principles.

Nothing in these Terms deprives a consumer of protections that cannot lawfully be waived under the laws applicable to that consumer.

36Venue and Jurisdiction

Subject to applicable consumer-protection laws and jurisdictional or venue rights that cannot legally be waived, any lawsuit or legal proceeding arising from these Terms or our services that may properly be subject to a contractual forum selection provision shall be brought in an appropriate state or federal court located in New Jersey.

Nothing in this provision prevents a consumer from exercising a right to bring a claim in another forum where applicable law prohibits waiver of that right.

37Changes to These Terms

We may update these Terms periodically.

The updated Terms will identify a revised “Last Updated” date.

Material changes will apply prospectively as required by applicable law.

Terms applicable to an already accepted order will not be retroactively changed in a manner that unlawfully alters the parties’ existing contractual rights.

38Severability

If a provision of these Terms is held unenforceable, invalid, or unlawful, that provision will be enforced to the maximum extent permitted or severed as appropriate, and the remaining provisions will remain in effect.

39No Waiver

Failure to enforce a provision of these Terms does not constitute a waiver of that provision or any other provision.

40Assignment

You may not assign your rights or obligations under these Terms without our consent where consent may lawfully be required.

We may assign these Terms in connection with a merger, acquisition, corporate reorganization, sale of substantially all relevant assets, or similar business transaction, subject to applicable law.

41Entire Agreement

These Terms, together with the Privacy Policy, applicable product-specific terms, approved custom-design specifications, order information, and any separately agreed written terms, constitute the applicable agreement between you and Made Possible Designs concerning the relevant transaction.

If a separately signed or expressly agreed custom-project agreement conflicts with these general Terms, the more specific agreement will control for that project to the extent of the conflict.

42Electronic Communications

You consent to receive transactional communications electronically where permitted by law, including:

• Order confirmations;
• Receipts;
• Design previews;
• Approval requests;
• Production updates;
• Shipping notices;
• Customer-service communications; and
• Legal notices that may lawfully be delivered electronically.

43Contact Information

General inquiries: contact@madepossibledesigns.com

Privacy inquiries: privacy@madepossibledesigns.com