Terms of service

Terms of Service
Effective Date: [11/17/2025]

Welcome to OFF THE GROUND (https://offthegroundd.com), the official store for Desi.exe merch. By using or purchasing from this Site, you agree to these Terms of Service. If you do not agree, please do not use the Site.

1. Who We Are
OFF THE GROUND is the online store for the artist known as Desi.exe. Our website: https://offthegroundd.com . For questions or support, email: support@offthegroundd.com.

2. Accepting These Terms
By accessing or placing an order through the Site you agree to be bound by these Terms and our Privacy Policy. These Terms apply to all purchases and use of the Site.

3. Orders, Fulfillment & Third-Party Fulfillment
a. Orders placed on the Site are accepted subject to product availability and confirmation of payment.  
b. Products are printed and fulfilled on demand by Printful and/or other third-party fulfillment partners. By placing an order you authorize us to provide order information to our fulfillment partners.  
c. We make reasonable efforts to show accurate product and shipping information, but we do not guarantee that product images, colors, or sizes will be exactly as shown.

4. Production, Shipping & Delivery
a. Production times and shipping estimates are listed on product pages and may vary by product and destination. Typical production: 3–7 business days; domestic shipping: 3–7 business days after production; international: varies.  
b. Delivery dates are estimates only. OFF THE GROUND is not responsible for shipping delays caused by carriers, customs, or events beyond our control.

5. Pricing, Payments & Taxes
a. All prices are shown in USD unless otherwise stated. We reserve the right to change prices at any time.  
b. Payment is due at the time of order. We accept payment methods shown at checkout (Shopify Payments, PayPal, Shop Pay, etc.).  
c. You are responsible for any taxes (sales, VAT, duties) that apply to your order. We may collect taxes at checkout where required.

6. Returns, Exchanges & Defects
a. Because items are produced on demand, we generally do not accept returns for change-of-mind orders.  
b. We will accept returns or exchanges for damaged or defective items. To request a replacement or refund, email support@offthegroundd.com within 7 days of delivery and include photos of the defect and your order number.  
c. Refunds for approved claims are processed to the original payment method and may take several business days to appear.

7. Intellectual Property
a. All content on the Site (text, images, logos, designs, audio, and other materials) is the property of OFF THE GROUND / Desi.exe or our licensors and is protected by copyright, trademark and other laws.  
b. You may not copy, reproduce, distribute, create derivative works from, or exploit our content without prior written permission.

8. User Content, Reviews & UGC
a. If you submit photos, videos, reviews, or other content (“User Content”) to our Site or social channels, you grant OFF THE GROUND a perpetual, worldwide, royalty-free, sublicensable right to use, reproduce, modify, publish and display that User Content for marketing, promotional, and commercial purposes.  
b. Do not submit content you do not own or that violates others’ rights. We reserve the right to remove User Content that violates these Terms.

9. Prohibited Uses
You agree not to:  
• Use the Site for unlawful purposes;  
• Impersonate another person or misrepresent your affiliation with any person or entity;  
• Interfere with Site operations or security; or  
• Upload content that is infringing, defamatory, obscene, or otherwise illegal.

10. Disclaimers
a. THE SITE, PRODUCTS, AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.  
b. OFF THE GROUND DISCLAIMS ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

11. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OFF THE GROUND AND ITS AFFILIATES, SUPPLIERS, AND PARTNERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOSS OF PROFITS, REVENUE, DATA, OR DATA USE, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SITE. OUR TOTAL LIABILITY FOR DIRECT DAMAGES WILL NOT EXCEED THE AMOUNT YOU PAID FOR THE APPLICABLE PRODUCT(S).

12. Indemnification
You agree to indemnify, defend and hold harmless OFF THE GROUND, Desi.exe, and their officers, directors, agents and employees from any claim, demand, loss, liability, or expense (including reasonable attorneys’ fees) arising from your misuse of the Site, violation of these Terms, or infringement of any third-party rights.

13. Termination
We may suspend or terminate your access to the Site for any reason, including breach of these Terms. Sections that by their nature should survive termination (intellectual property, disclaimers, limitation of liability, indemnification) will survive.

14. Governing Law & Dispute Resolution
These Terms will be governed by and construed in accordance with the laws of the State of New York, U.S.A., without regard to conflict of law principles. For disputes you and OFF THE GROUND will first attempt to resolve informally. If unresolved, you may pursue claims in the state or federal courts located in New York County, New York.

15. Changes to These Terms
We may revise these Terms at any time. We will post the updated Terms on the Site with a new Effective Date. Your continued use of the Site after changes constitutes acceptance of the revised Terms.

16. Third-Party Links & Services
The Site may contain links to third-party websites or services (including Printful). We are not responsible for third-party content, practices, or policies. Your use of third-party services is at your own risk.

17. Contact
For support, questions, or claims: support@offthegroundd.com

18. Miscellaneous
If any provision of these Terms is found invalid or unenforceable, the remaining provisions will remain in full force and effect. These Terms constitute the entire agreement between you and OFF THE GROUND regarding the Site and supersede all prior agreements.

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Not a lawyer. This Terms of Service is provided for convenience and should be reviewed by legal counsel for compliance with local laws and specific business needs.