[fan]merch

Terms of Service

Effective Date: May 13, 2026 Last Updated: May 13, 2026

These Terms of Service ("Terms") are a binding legal agreement between you and Jared Lim, an individual doing business as FanMerch ("FanMerch," "we," "us," or "our"). They govern your access to and use of the FanMerch website at www.fanmerch.app and any related services we provide (collectively, the "Service").

By creating an account, submitting a design, posting a brief, purchasing a product, or otherwise using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. Eligibility

You must be at least 18 years old and have the legal capacity to enter into a binding contract to use the Service. By using the Service, you represent and warrant that you meet these requirements. The Service is not directed to children under 13, and we do not knowingly collect personal information from children under 13.

You are responsible for ensuring your use of the Service complies with all laws applicable to you, including export and sanctions laws. You may not use the Service if you are located in, or are a resident or national of, a country subject to a U.S. government embargo, or if you appear on any U.S. government list of prohibited or restricted parties.

2. The Service

FanMerch is an online marketplace that connects:

  • Creators — individuals (often content creators with audiences) who post design briefs and approve submissions, then sell approved designs as merchandise through their FanMerch storefront;
  • Fans — individuals who submit original designs in response to Creator briefs and earn a share of revenue when their approved designs are sold; and
  • Buyers — individuals who purchase merchandise bearing approved designs.

A single user may act in more than one role. FanMerch facilitates the marketplace but is not a party to the design relationship between Fans and Creators, except as expressly set forth in these Terms.

Merchandise is manufactured and fulfilled by our third-party print-on-demand partner, Printify, Inc. ("Printify"). Payments are processed by Stripe, Inc. ("Stripe").

3. Accounts

To submit designs, post briefs, or sell merchandise, you must create an account. You agree to provide accurate, current, and complete information and to keep it updated. You are responsible for safeguarding your account credentials and for all activity that occurs under your account. Notify us immediately at support@fanmerch.app if you suspect unauthorized access.

We may suspend or terminate your account at any time for any reason, including (without limitation) violation of these Terms, the Acceptable Use Policy, or applicable law; suspected fraud or chargeback abuse; or repeat infringement of third-party rights.

4. Roles and Responsibilities

4.1 Fans

Fans submit designs in response to Creator briefs. Fans must own all rights in their submissions or have obtained all necessary permissions. See Section 5 for the license you grant when you submit a design.

4.2 Creators

Creators post briefs describing the type of design they want, review submissions, and approve designs for inclusion in their storefront. Creators are responsible for:

  • ensuring their briefs and storefronts comply with these Terms and the Acceptable Use Policy;
  • reviewing each submission before approval and confirming, to the best of their knowledge, that it does not infringe third-party rights;
  • setting retail prices at or above the per-product minimums set by FanMerch; and
  • complying with all laws applicable to their use of the Service, including tax laws and laws governing influencer disclosures.

Creators are independent operators, not employees, agents, partners, or joint venturers of FanMerch. Creators may not represent themselves as such.

4.3 Buyers

Buyers purchase products through FanMerch storefronts. All sales are subject to the Refund Policy. Buyers acknowledge that products are custom-manufactured to order.

5. Designs and Intellectual Property

5.1 You retain ownership of your designs

As between you and FanMerch, Fans retain all right, title, and interest in and to the original designs they submit ("Designs"), including all underlying copyrights.

5.2 License you grant to FanMerch

By submitting a Design, you grant FanMerch a worldwide, royalty-free, non-exclusive, sublicensable, transferable license to host, store, display, reproduce, modify (solely as necessary for print production and platform display), adapt, publicly perform, and distribute the Design in connection with operating, promoting, and improving the Service. This license includes the right to use mockups and thumbnails of the Design in marketing materials and on social media.

5.3 License you grant to Creators

If a Creator approves your Design, you additionally grant that Creator a non-exclusive, royalty-free license, exercisable only through the FanMerch Service, to manufacture, market, and sell merchandise bearing the Design. This license is limited to use through FanMerch and does not permit the Creator to use the Design off-platform without your separate written consent.

5.4 Duration and withdrawal

The licenses in Sections 5.2 and 5.3 remain in effect for so long as your Design remains active on the Service. You may withdraw a Design from active sale at any time by contacting support@fanmerch.app. Withdrawal does not terminate the license with respect to orders placed before the withdrawal takes effect, copies of merchandise already produced, or archival copies retained for compliance, audit, or tax purposes.

5.5 License to Buyers

Buyers receive the right to personal, non-commercial use of the physical merchandise they purchase. Buyers do not receive any rights in the Design itself.

5.6 Representations and warranties about your Designs

By submitting a Design, you represent and warrant that:

  • you are the sole author of the Design or have obtained all rights, licenses, consents, and permissions necessary to grant the licenses in this Section 5;
  • the Design does not and will not infringe, misappropriate, or violate any third party's intellectual property rights, rights of publicity or privacy, or any other rights;
  • the Design complies with the Acceptable Use Policy and all applicable laws; and
  • all information you provide about the Design is accurate.

You will indemnify FanMerch for any breach of these representations as set forth in Section 11.

5.7 FanMerch's own intellectual property

The Service itself — including the FanMerch name, logo, design, code, and all related materials we create — is owned by FanMerch and protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works of any of it except as expressly permitted by these Terms.

6. Payments and Payouts

6.1 Buyer purchases

All prices are listed in U.S. dollars. Buyers pay at checkout via Stripe. Buyer purchase data is governed by Stripe's terms and our Privacy Policy.

Each order may include a "Shipping & Handling" line item that combines (a) the shipping cost charged by our fulfillment partner and (b) an internal handling fee that varies by destination. This line item is not a sales tax line item. As of the Effective Date, FanMerch is below the economic-nexus thresholds for sales tax collection in all U.S. states. If FanMerch becomes obligated to collect sales tax in any jurisdiction, we will begin collecting and remitting it in compliance with that jurisdiction's law and will update these Terms accordingly.

6.2 Revenue split

For each sale of a product bearing an approved Design:

  • 20% of the gross sale price (before shipping and handling) is retained by FanMerch as a platform fee;
  • the manufacturing cost charged by our fulfillment partner is deducted; and
  • the remainder (the "Net Royalty") is split:
    • 75% to the Creator who approved the Design, and
    • 25% to the Fan whose Design was sold.

FanMerch publishes per-product minimum retail prices to ensure that, at the minimum price, the Net Royalty is positive. Creators may set retail prices at or above the minimum.

6.3 Payouts via Stripe Connect

Payouts to Creators and Fans are issued via Stripe Connect Express. To receive payouts, you must complete Stripe Connect onboarding, including identity verification. By accepting payouts through the Service, you also agree to:

Payouts are issued on a monthly cadence, subject to a 30-day settlement window from the date of each sale (during which a chargeback or refund may occur). Refunded sales are excluded from payouts permanently. Stripe's own minimum payout thresholds and timing apply.

We may delay, withhold, or reverse a payout if we reasonably believe the underlying sale is fraudulent, infringing, or otherwise non-compliant; if a chargeback or refund is pending; or as required by law.

6.4 Taxes

You are solely responsible for determining, collecting, reporting, and paying all taxes you owe in connection with your use of the Service, including income tax on payouts. If you earn $600 or more in payouts in a calendar year (or any lower threshold required by law), we may be required to issue you an IRS Form 1099-NEC and report the payout to the IRS. You agree to provide accurate tax information (including W-9 or W-8 forms) on request.

6.5 Refunds

Refunds are governed by our Refund Policy, which is incorporated into these Terms by reference.

6.6 Chargebacks

If a Buyer initiates a chargeback on a sale that has already been paid out, FanMerch may deduct the chargeback amount and any associated fees from the Creator's or Fan's future payouts, or invoice the Creator or Fan directly for the amount owed.

7. Acceptable Use

You agree to comply with the following rules when using the Service. Violations may result in content removal, account suspension or termination, forfeiture of pending payouts, and (where applicable) referral to law enforcement or to rights holders. We have sole discretion to determine whether content or conduct violates these rules.

7.1 Account conduct

You must:

  • be at least 18 years old (as required by Section 1);
  • provide accurate registration information and keep it current;
  • use only your own account, and not share, sell, or transfer your account or account credentials;
  • not impersonate any person or misrepresent your affiliation with any person or organization;
  • not use the Service to engage in fraud, identity theft, or any unlawful activity;
  • not attempt to bypass any access controls, rate limits, or security measures; and
  • not create accounts via automated means or for any abusive purpose.

7.2 Prohibited design content

You may not submit, approve, or sell any Design that:

(a) Infringes third-party rights — copies, samples, or adapts another person's copyrighted work without permission (including AI-generated work whose training, prompts, or outputs incorporate identifiable copyrighted material); uses third-party trademarks, logos, brand names, character names, slogans, or trade dress without permission (including anime, video game, sports team, university, music artist, film, and corporate marks); depicts the name, image, likeness, signature, or voice of any real person — living or recently deceased — without their permission; or otherwise infringes any patent, trade secret, contractual right, or other proprietary right.

(b) Is hateful, harassing, or threatening — attacks, dehumanizes, or incites violence against any person or group based on race, ethnicity, national origin, religion, caste, gender, gender identity, sexual orientation, disability, age, immigration status, or veteran status; uses slurs or symbols of hate; threatens, harasses, or targets specific individuals; or promotes self-harm, suicide, or eating disorders.

(c) Sexualizes minors or is sexually explicit — contains any sexual depiction, suggestive depiction, or sexualized portrayal of any person under 18 years of age, in any style (including drawn, animated, or AI-generated). Violations are reported to the National Center for Missing & Exploited Children (NCMEC) and to law enforcement, and the responsible account is permanently terminated with no appeal. Designs containing nudity, pornography, or sexually explicit content of any kind are also prohibited.

(d) Promotes or facilitates violence or criminal activity — glorifies, promotes, or provides instructions for violence, terrorism, or extremism; promotes regulated goods (firearms, ammunition, drugs, controlled substances, tobacco, vaping products, alcohol, gambling) in violation of law; or facilitates or solicits criminal activity, fraud, or sanctions evasion.

(e) Is deceptive or harmful — impersonates or falsely implies endorsement; makes false or unsubstantiated medical, health, financial, or scientific claims; contains personal information about other people without their consent ("doxxing"); contains malware, viruses, or links intended to compromise other users; or contains content designed to deceive moderation systems.

(f) Violates applicable law — violates any applicable law, regulation, or court order in any jurisdiction where the Design is offered or shipped, including export controls, sanctions, and intellectual property laws.

7.3 Marketplace integrity

You may not:

  • manipulate voting, comments, or any other engagement signal, including coordinating with others to upvote, downvote, or comment in a non-organic way, using multiple accounts, or rewarding others for engagement;
  • post or submit spam, repetitive content, or low-effort variations intended to flood the marketplace;
  • harvest data about other users via scraping, automated browsing, or bulk export except as expressly permitted;
  • reverse-engineer, decompile, or attempt to derive the source code, algorithms, or non-public APIs of the Service;
  • copy, mirror, or republish FanMerch content on other platforms in a way that competes with the Service;
  • interfere with the Service's operation, including by overloading infrastructure or running bots that consume disproportionate resources;
  • engage in chargeback abuse, including initiating a chargeback as a substitute for requesting a refund through the Refund Policy. Chargeback abuse may result in account termination and offset against future payouts; or
  • circumvent any suspension or termination of your account, including by creating a new account.

7.4 Creator-specific rules

In addition to the above, Creators agree:

  • to review each submission before approval and confirm, in good faith, that the Design appears to comply with these rules;
  • to disclose to their audience any financial relationship with FanMerch through their storefront, where required by applicable law (including the U.S. FTC Endorsement Guides);
  • not to use FanMerch to launder or front for another person's storefront; and
  • to keep their Stripe Connect account in good standing.

7.5 Reporting violations

If you believe content on FanMerch violates these rules, contact us at support@fanmerch.app.

For copyright complaints, your email should include: (a) your contact information; (b) identification of the copyrighted work; (c) the URL of the allegedly infringing material on FanMerch; (d) a good-faith statement that you believe the use is not authorized by the copyright owner, its agent, or the law; and (e) a statement under penalty of perjury that the information is accurate and that you are authorized to act on behalf of the copyright owner. We may not be able to act on incomplete complaints. Knowingly material misrepresentations in a copyright complaint may result in liability for damages under applicable law.

For CSAM (child sexual abuse material), mark the email subject line "CSAM Report — URGENT." Do not include any depiction of the material in your report — provide only the URL. We treat these as P0 and report to NCMEC immediately.

We aim to acknowledge complete reports within 3 business days. CSAM reports are handled the same day they are received.

7.6 Enforcement

Enforcement actions may include any combination of: removing the content; requesting that the Fan revise and resubmit; a warning to the responsible account; temporary suspension; permanent termination; forfeiture of pending payouts attributable to the violating content; reversal of any sales attributable to the violating content; and reporting the conduct to law enforcement or to the rights holder.

Accounts that accumulate three or more substantiated infringement reports within a 24-month period will be permanently terminated. We may terminate an account on a single report for severe violations (including CSAM, sexualization of minors, credible threats of violence, doxxing, or willful repeat infringement of a single rights holder). For terminations other than those involving CSAM, sexualization of minors, or credible threats of violence, you may appeal by emailing support@fanmerch.app with the subject line "Appeal." We aim to review appeals within 14 business days. Our decision on appeal is final.

8. Termination

These Terms remain in effect until your account is terminated. You may terminate your account at any time by contacting support@fanmerch.app. We may suspend or terminate your account at any time, with or without notice, for any reason, including suspected violation of these Terms, the Acceptable Use Policy, or applicable law.

On termination:

  • your right to access the Service ends immediately;
  • any pending payouts owed to you remain owed and will be paid out in the next regular cycle, subject to standard settlement and offset rules; and
  • the following sections survive: 5 (Designs and Intellectual Property, with respect to Designs already sold or in production), 6.4 (Taxes), 6.6 (Chargebacks), 9 (Disclaimers), 10 (Limitation of Liability), 11 (Indemnification), 12 (Dispute Resolution), 13 (Governing Law and Venue), and 15 (Miscellaneous).

9. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND COURSE OF DEALING. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DESIGN WILL BE APPROVED, SOLD, OR GENERATE ANY PARTICULAR REVENUE.

WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING ANY USER, DESIGN, BRIEF, OR PRODUCT. ANY DISPUTE BETWEEN USERS IS BETWEEN THOSE USERS, AND FANMERCH IS NOT OBLIGATED TO INTERVENE.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

(a) IN NO EVENT WILL FANMERCH OR ITS OWNERS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST DATA, OR LOSS OF GOODWILL, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF FANMERCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(b) FANMERCH'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (i) THE TOTAL AMOUNTS YOU PAID TO FANMERCH IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (ii) ONE HUNDRED U.S. DOLLARS ($100).

THESE LIMITATIONS APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

11. Indemnification

You will defend, indemnify, and hold harmless FanMerch and its owners, officers, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

  • your use of the Service;
  • your breach of these Terms, the Acceptable Use Policy, or any representation or warranty you made;
  • any Design, brief, product, or other content you submit, post, or sell through the Service;
  • your violation of any third party's rights, including intellectual property, publicity, or privacy rights; or
  • your violation of any applicable law.

FanMerch may, at its own expense, assume the exclusive defense and control of any matter subject to indemnification by you, in which case you will cooperate with FanMerch in asserting any available defenses.

12. Dispute Resolution: Binding Arbitration and Class Action Waiver

Please read this section carefully. It limits your rights, including the right to sue in court and the right to a jury trial.

12.1 Informal resolution

Before initiating arbitration, you agree to first contact us at support@fanmerch.app with a written description of the dispute and your contact information, and to give us at least 60 days to attempt to resolve the dispute informally.

12.2 Binding arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service that is not resolved informally will be resolved by final and binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The arbitration will be conducted by a single arbitrator in the State of Texas, or, at your election, by telephone or video. The arbitrator may award the same individual relief that a court could award. Judgment on the award may be entered in any court of competent jurisdiction.

12.3 Class action waiver

YOU AND FANMERCH AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, OR CONSOLIDATED ACTION. The arbitrator may not consolidate the claims of more than one person.

12.4 Exceptions

Either party may bring an action in small-claims court for disputes within the court's jurisdiction. Either party may seek injunctive or equitable relief in court to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.

12.5 Opt-out

You may opt out of the arbitration agreement in Section 12.2 and the class action waiver in Section 12.3 by sending a written notice to support@fanmerch.app within 30 days of first accepting these Terms, stating clearly that you opt out. Opting out will not affect any other provision of these Terms.

12.6 Severability of dispute-resolution provisions

If the class action waiver in Section 12.3 is found unenforceable as to any claim, that claim will be severed and litigated in court under Section 13, while the remaining claims proceed in arbitration.

13. Governing Law and Venue

These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of the State of Texas, without regard to its conflict-of-laws principles. Subject to Section 12, the exclusive venue for any dispute not subject to arbitration is the state or federal courts located in the State of Texas, and each party consents to personal jurisdiction in those courts.

14. Changes to These Terms

We may update these Terms from time to time. If we make a material change, we will notify you (by email, an in-Service notice, or both) at least 14 days before the change takes effect. Your continued use of the Service after the effective date constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, your sole remedy is to stop using the Service and close your account.

15. Miscellaneous

  • Entire agreement. These Terms, together with the Privacy Policy and Refund Policy, are the entire agreement between you and FanMerch regarding the Service and supersede any prior agreements.
  • Severability. If any provision of these Terms is held unenforceable, the remaining provisions will remain in full force and effect.
  • No waiver. Our failure to enforce any right or provision of these Terms is not a waiver.
  • Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets, or otherwise by operation of law.
  • No agency. Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship.
  • Notices. We may send notices to you by email or by posting in the Service. You may send notices to us at support@fanmerch.app.

16. Contact

Questions about these Terms can be sent to support@fanmerch.app.