Terms of Service

1. Parties and acceptance

These Terms of Service (the "Terms") are a binding agreement between you and AKIN INDUSTRIES LLC ("Custombull", "we", "us"). AKIN INDUSTRIES LLC is a company established in the United States and headquartered in Houston, Texas, at 11500 Main St. Suite 126, Houston, TX 77025, United States of America. Custombull is the current name of the service formerly known as Akinzone, operating since 2021.

The Terms cover the application at https://app.custombull.com, this website, the Chrome extension, buyer-facing order tracking pages, APIs and all services provided through them (together, the "Service").

By creating an account, ticking the acceptance box at sign up or using the Service, you accept these Terms, our Privacy Policy, our Acceptable Use and Copyright Policy and our Refund and Quality Guarantee Policy. The Data Processing Agreement forms part of these Terms for personal data of your buyers and customers.

If you use the Service on behalf of a company or other legal entity, you represent that you have authority to bind it to these Terms, and "you" includes that entity.

2. Who may use the Service

• The Service is designed for individuals and businesses selling for commercial purposes. You must be at least 18 years old and legally able to enter into contracts where you live.
• Persons and entities on US sanctions lists (such as the OFAC SDN list) or located in a country or region subject to comprehensive sanctions may not use the Service.
• If we closed your account for breach of these Terms, you may not open a new one without our written permission.
• If you use the Service as a consumer, meaning outside your trade, business or profession, the mandatory consumer law of your country may give you more rights than these Terms. Those rights are preserved (see Consumer right of withdrawal and Governing law and disputes).

3. Description of the Service

Custombull is a single dashboard for sellers of personalized and print on demand (POD) products. Its main features include:

• Marketplace and store connections (Etsy, Shopify, eBay and Amazon can be connected; channels such as TikTok Shop, Walmart, SHEIN, Faire, Trendyol and Hepsiburada are in early access or coming soon).
• Creating and updating listings, cross-channel product transfer and sync, color and size templates.
• AI generation of ideas, designs, mockups, product photos, videos, titles, tags and descriptions; Automated Production.
• Copyright and platform policy checks (an assistive tool).
• Order import, matching the correct design file, printing by contracted producers in the United States, quality control, packing, shipping labels and reporting tracking numbers to the marketplace.
• A buyer-facing order tracking page (questions and personalization requests), customer messages, AI reply suggestions and the Chrome extension.
• Marketing Center (email, SMS and WhatsApp campaigns and reports), sales analytics, team and sub user management, wallet and Academy.

We may improve, change or remove features. If we remove a core feature of a paid plan, we will give reasonable advance notice; if the change is materially adverse to you, you may cancel and request a pro rata refund for the unused period.

4. Account, security and sub users

• Keep your account information accurate and current and your credentials confidential. If you use "Sign in with Google", you are also responsible for the security of your Google account.
• Two factor authentication is required for seller accounts. Store your recovery codes safely.
• Do not share your account. Invite team members as sub users with the permissions they need. You are responsible for all actions taken under your account, including by sub users, and for keeping their permissions up to date.
• An Etsy shop can be connected to only one Custombull account at a time. If the shop is already connected to another account, the connection is refused.
• If you suspect unauthorized access, email hello@custombull.com immediately. We are not responsible for actions taken before your notice unless caused by our fault.

5. Your content and responsibilities

"Your Content" means designs, images, text, logos, customer lists and other materials you upload, and listing content generated at your instruction.

• You keep all rights in Your Content. You grant us a worldwide, non-exclusive, royalty free license, sublicensable only to our subprocessors and producers, to store, process, adapt (for example print preparation, cropping, mockups), reproduce, print, send to marketplaces at your instruction and share with our contracted producers, only as needed to provide the Service to you. The license ends when the content is deleted and any orders in production are completed.
• You represent and warrant that you own or are licensed to use Your Content, and that the content and its production do not infringe anyone's copyright, trademark, design, publicity, privacy or other rights and are not unlawful.
• You are the publisher of the listings you place on marketplaces. You are responsible for accurate product descriptions, prices, consumer disclosures, product safety and labeling obligations, your return and withdrawal policy, and all obligations to your buyers.
• Prohibited content and our copyright notice process are described in the Acceptable Use and Copyright Policy. We may refuse, remove or stop processing, producing or publishing content we reasonably believe violates that policy. If we never start production of a job for this reason, we refund the amount charged for it.

6. AI features and output

• AI features (ideas, designs, mockups, photos, videos, titles, tags, descriptions, message replies) produce suggestions. No output is sent to a marketplace or a buyer without your approval. If you choose "auto publish" mode in Automated Production, that choice is your standing instruction to publish, and you can switch it off at any time.
• AI output may be inaccurate, incomplete, misleading or similar to existing works. You are responsible for reviewing each output for accuracy, suitability and third party rights before publishing it.
• To the extent permitted by applicable law, we assign to you any rights we have in the output and we claim no rights in it. However, AI models may generate similar or identical output for other users, so we do not guarantee that output is exclusive to you. In some countries content generated solely by AI may not be protected by copyright.
• AI processing is performed by third party providers (see Subprocessors). We do not use your inputs to train models for our own purposes, and we use providers under API terms in which they commit not to use API data to train their models by default. Providers may retain data for a limited period to monitor abuse.
• The copyright and policy check is an assistive tool, not legal advice or a guarantee. A check that finds no risk does not mean the content is non-infringing or will be accepted by a marketplace.

7. Marketplaces and third party services

• When you connect a marketplace or store account through OAuth, you authorize us to act on your behalf within the permissions you grant (for example reading and writing listings, reading orders and reporting tracking). You can disconnect at any time.
• Each marketplace's own terms, policies and fees continue to apply to you, and you are responsible for complying with them.
• Marketplaces may change their APIs, quotas, rules and prices, or restrict or end access, outside our control. We are not liable for a feature failing, being delayed or being withdrawn because of such changes, and we will use reasonable efforts to adapt.
• If a marketplace suspends or closes your account or shop, removes listings, lowers your ranking or holds your payouts, that results from your content, your listing choices or the marketplace's own decisions, and we are not liable unless it was caused by our breach of these Terms.
• We do not guarantee any business results (sales, rankings, visibility or conversion).
• The term 'Etsy' is a trademark of Etsy, Inc. This application uses the Etsy API but is not endorsed or certified by Etsy, Inc. Other marketplace names are trademarks of their owners, and Custombull claims no partnership with those companies.

8. Production, quality control and shipping

• Custombull is not a manufacturer. Your orders are printed, packed and handed to carriers by independent contracted producers in the United States. Producers are not our employees or agents; we coordinate production and quality control and we remain responsible to you for the commitments stated in these Terms.
• You are the seller of record to your buyers. We are not a party to the sales contract between you and your buyers.
• An order enters the production queue once its product is matched, its design is usable and its address is deliverable. You are responsible for the accuracy of design files, personalization text and addresses.
• Shipping rates and labels are purchased from carriers such as USPS, UPS and FedEx through our shipping label and shipment management providers. A label is charged to you when it is purchased; an unused label can be voided and the amount is credited to your account once the carrier approves the refund.
• Delivery times are carrier estimates, not guarantees. We help you file claims with carriers for delays, loss or damage, but we are not liable for carrier delays, customs processing or incorrect addresses.
• Defective products are covered by our quality guarantee: the price is refunded with no questions asked, or the item is reprinted free of charge. Scope, notice period and exclusions are set out in the Refund and Quality Guarantee Policy.
• Businesses that join our network as producers are governed by a separate producer agreement.

9. Tracking pages, messages and the Chrome extension

• The buyer-facing tracking page opens with an unguessable link under your shop name and branding. You are responsible for answering the questions and personalization requests buyers send through it. Share the link only with the relevant buyer.
• Customer messages and the Chrome extension read your marketplace messages and draft reply suggestions when you activate them. Sending a suggestion is your decision. Use the extension only on accounts you are authorized to use and follow the marketplace's automation rules.

10. Marketing Center and messaging compliance

Marketing Center lets you send email, SMS and WhatsApp messages to your own customers. You are the sender of these messages and the controller of the data; we act as your processor.

• You must have a valid legal basis for every recipient and, where required, clear and provable consent. This includes the CAN-SPAM Act and the TCPA in the United States (prior express written consent for marketing texts, quiet hours), Law No. 6698 (KVKK), Law No. 6563 and the Message Management System (IYS) in Turkey, the GDPR, UK GDPR and ePrivacy/PECR rules in the EU and UK, CASL in Canada and equivalent rules elsewhere.
• You are responsible for recording when, how and with what wording consent was obtained, and for producing that record to us and to authorities on request.
• Unsubscribe links and opt-out keywords such as STOP are added by the system. You may not remove them or ignore opt-out requests. Suppression lists are kept to prevent re-sending.
• Purchased, rented or non-consensually collected lists may not be used. We may pause sending in case of spam complaints, high bounce rates or provider warnings.

11. Fees, credits, subscriptions and automatic renewal

• Product, production, shipping and credit prices are shown before you confirm. Unless stated otherwise, prices are in US dollars (USD).
• Automatic renewal: Paid plans (such as Bronze and Gold) are monthly subscriptions that renew automatically at the start of each period, charging that period's fee to your saved payment method, until you cancel. The price, renewal frequency and how to cancel are shown to you before the subscription starts.
• Cancellation: You can cancel online at any time in Settings in the application; you do not need to contact us. Cancellation stops the next renewal. You keep plan features until the end of the current period and then move to the free plan. Except where required by law or stated in the Refund and Quality Guarantee Policy, partial periods are not refunded. If you forgot to cancel, write to us within 7 days of a renewal and, if you have not used paid features in that period, we will refund it.
• Price changes: If we change a subscription price, we will email you at least 30 days before the new price applies. If you do not accept it, you can cancel before it takes effect.
• Credits: Credits are in-service units used by AI and some automation features. Plan credits included in a subscription reset at the end of each period and do not roll over. Credits you purchase separately do not expire; a completely unused credit pack can be refunded within 14 days of purchase. Credits have no cash value, cannot be exchanged for cash, and cannot be transferred or sold. If a job fails for a reason on our side, the credits spent are refunded automatically.
• Order payments and wallet: Order amounts are charged at the time of the order from your wallet balance or your card. Card details are entered directly with our payment service provider and are not stored on our systems. Invoices are issued by AKIN INDUSTRIES LLC and are available in the application.
• Taxes: Unless stated otherwise, prices exclude taxes. Sales tax, VAT or similar taxes we are legally required to collect are added to the invoice. You are responsible for taxes, duties and reporting obligations arising from your own sales.
• Payment problems: If a payment fails we will notify you; if it is not resolved within a reasonable time we may pause paid features or move you to the free plan. Please contact us before initiating a chargeback.
• Detailed refund and cancellation rules are in the Refund and Quality Guarantee Policy.

12. Consumer right of withdrawal

The Service is intended for business users. Even so, if you qualify as a consumer in the EU, the UK, Turkey or another country, the statutory withdrawal right for digital service contracts is preserved:

• Consumers in the EU and UK may withdraw from a paid subscription contract within 14 days of the contract date without giving a reason. A clear statement sent to hello@custombull.com is enough.
• If you expressly requested that the service start during the withdrawal period, you pay a proportionate amount for the service provided up to your withdrawal. To the extent the law allows, the withdrawal right does not apply to fully performed services, credits already spent, or personalized products made to your specifications.
• For users who qualify as consumers in Turkey, the mandatory provisions of Consumer Protection Law No. 6502 and the Distance Contracts Regulation are preserved.

13. Availability, maintenance and early access features

• We use reasonable efforts to keep the Service available and publish a status page. Unless agreed in a separate written agreement, we do not commit to any uptime or service level (SLA).
• The Service may be temporarily interrupted for planned maintenance, security updates or emergencies. We announce planned maintenance in advance where possible.
• Features labeled "beta", "early access" or "coming soon" are experimental; they may change, be interrupted or be withdrawn, and no additional warranty applies to them.

14. Acceptable use

You must use the Service in line with our Acceptable Use and Copyright Policy. In short:

• Do not try to disrupt or overload the Service, bypass security measures, reverse engineer it, exceed rate limits or quotas, or access data that is not yours.
• Do not use the Service to spam a marketplace, bulk publish listings you have not reviewed, or violate marketplace policies.
• Automated access (scraping, bots) outside the interfaces we provide requires our written permission.
• Do not copy the Service to build a competing product or resell access to it to third parties.

15. Custombull's intellectual property and feedback

• The Service, including its software, interface, templates, training content (Academy), trademarks and logos, belongs to AKIN INDUSTRIES LLC or its licensors. These Terms give you only a limited, non-exclusive, non-transferable and revocable right to use the Service for your own business during your subscription.
• We may use suggestions and feedback you send us to improve the Service, free of charge and without obligation to you. Feedback does not transfer your rights in Your Content.

16. Privacy and data protection

• We process your account data as a controller under our Privacy Policy.
• For buyer data in your orders and customer data you upload to Marketing Center, you are the controller and we are your processor. This relationship is governed by the Data Processing Agreement, subprocessor categories are listed on the Subprocessors page, and the full list with names is available on request.
• You are responsible for telling your buyers, in your own privacy notice, that their personal data is shared with Custombull and its production partners to fulfill orders.
• Each party will keep confidential any information learned in this relationship that is marked confidential or is confidential by nature, and will use it only for the purposes of these Terms.

17. Suspension, termination and data export

• You may stop using the Service, cancel your subscription and delete your account in Settings at any time.
• We may suspend or terminate your access for material breach of these Terms, unlawful use, non-payment, security risk, or where a marketplace or the law requires it. Where possible we give notice in advance, explain the reason and allow reasonable time to fix the issue; in urgent cases (such as account takeover, serious infringement or a legal order) we may act immediately.
• If you believe a decision is wrong, you can appeal to hello@custombull.com; a human reviews every appeal.
• On termination we stop processing new orders. Orders already in production are either completed or refunded. Any remaining wallet balance is refunded on request after offsetting amounts you owe.
• For 30 days after termination or account closure we provide reasonable assistance to export your order, listing and invoice data. After that, data is deleted or anonymized under the retention rules in our Privacy Policy; records we must keep by law (such as invoices) are kept for the required period.
• Provisions that by their nature should survive termination (payment obligations, intellectual property, indemnification, limitation of liability, dispute resolution) survive.

18. Disclaimer of warranties

EXCEPT FOR OUR QUALITY GUARANTEE AND THE COMMITMENTS EXPRESSLY MADE IN THESE TERMS, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. WE DO NOT WARRANT THAT AI OUTPUT, COPYRIGHT CHECK RESULTS, OR TREND AND IDEA SUGGESTIONS WILL BE ACCURATE, COMPLETE OR LAWFUL, OR THAT THEY WILL PRODUCE ANY PARTICULAR SALES RESULT.

Some jurisdictions do not allow the exclusion of implied warranties. In those jurisdictions the above disclaimer applies to the extent permitted, and consumers' statutory rights are not affected.

19. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

1. NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, SALES, BUSINESS OPPORTUNITY, GOODWILL OR DATA, OR FOR DAMAGES ARISING FROM THE SUSPENSION OF A MARKETPLACE ACCOUNT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
2. OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE IS LIMITED TO THE GREATER OF (A) THE TOTAL FEES YOU PAID US FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) US$100.
3. These limitations do not apply to liability for fraud, gross negligence or willful misconduct, death or personal injury caused by negligence, your payment obligations, your indemnification obligations, or any liability that cannot be limited or excluded by law.
4. Our refund and reprint obligations under the quality guarantee apply independently of this cap.
5. For users who qualify as consumers, limitations that the mandatory law of their country does not permit do not apply.

20. Indemnification

You will defend and indemnify AKIN INDUSTRIES LLC, its officers, employees and contracted producers against third party claims, lawsuits, fines and costs, including reasonable attorneys' fees, arising from: (a) Your Content, designs and listings (including claims of copyright, trademark or other infringement); (b) your relationship with and obligations to your buyers; (c) messages you send through Marketing Center and your consent obligations; (d) your breach of these Terms, marketplace rules or the law.

We will promptly notify you of such a claim, let you control the defense and cooperate reasonably, and we will not settle in a way that imposes obligations on you without your consent. This obligation does not apply to the extent the claim results from our fault. For users who qualify as consumers, this section applies only to the extent mandatory law allows.

21. Force majeure

We are not liable for failing to perform due to events beyond our reasonable control, such as natural disasters, epidemics, war, terrorism, strikes, widespread utility outages, large-scale carrier or marketplace failures, cyberattacks or government action. In such cases we will inform you and use reasonable efforts to reduce the impact. Force majeure does not excuse payment obligations that arose before the event.

22. Governing law and dispute resolution

Governing law

These Terms are governed by the laws of the State of Texas, United States of America, without regard to conflict of laws rules, and by US federal law where applicable. The arbitration clause is governed by the Federal Arbitration Act. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.

Informal resolution first

Before starting a lawsuit or arbitration, send your claim and contact details in writing to hello@custombull.com; we will do the same for claims against you. The parties will try in good faith to resolve the dispute informally for 30 days after the notice. To the extent the law allows, limitation periods are paused during that time.

Individual arbitration for US business users

If you are located in the United States and use the Service for business purposes, any dispute not resolved within the 30 day period will be resolved by binding, individual arbitration before a single arbitrator under the Commercial Arbitration Rules of the American Arbitration Association (AAA). The seat of arbitration is Houston, Texas; hearings may be held online if the parties agree. The arbitrator may award any individual relief a court could award under these Terms.

• Exceptions: Either party may (a) bring an individual action in a small claims court with jurisdiction, and (b) seek injunctive relief in court to protect its intellectual property, confidential information or the security of the Service.
• Class action waiver: Disputes are handled only on an individual basis. The parties waive the right to bring or participate in class actions, class arbitrations or representative actions. If this waiver is found unenforceable for a claim, that claim is removed from arbitration and heard in court.
• Right to opt out: You may opt out of this arbitration clause by emailing hello@custombull.com within 30 days of first accepting these Terms (or of a material change to this clause), stating your name, account email and that you opt out of arbitration. Opting out does not affect the rest of these Terms.

Courts

For disputes not subject to arbitration, or where the arbitration clause cannot be applied, the state courts of Harris County, Texas and the United States District Court for the Southern District of Texas, Houston Division have jurisdiction, and the parties consent to the jurisdiction of those courts.

Consumers keep their mandatory rights

If you qualify as a consumer in the EU, the UK, Turkey or another country, the choice of law, arbitration and class action waiver provisions in this section do not apply to you and do not deprive you of the protection of the mandatory consumer law of your country of residence. You keep the right to bring proceedings in the courts of your place of residence, before consumer arbitration committees and before competent consumer authorities. Consumers in the EU can also use the European Commission's online dispute resolution information.

23. Export controls and sanctions

You must use the Service in compliance with US export control and sanctions laws (including sanctions administered by OFAC and the Export Administration Regulations) and the equivalent laws of your country. You may not use the Service to transact with, or request shipments to, sanctioned persons, entities, countries or regions. We may refuse any transaction that would violate these rules.

24. Changes to these Terms

We may update these Terms. We will notify you of material changes by email to your account address and in the application at least 30 days before they take effect. Changes required by law, for security, or for new features that do not reduce your rights may take effect sooner. If you do not accept a change, you can cancel your subscription and close your account before it takes effect; continuing to use the Service after that date means you accept the updated Terms. Previous versions are available on request.

25. General provisions

• Assignment: You may not assign your rights under these Terms without our written consent. We may assign these Terms with notice in connection with a merger, acquisition or sale of assets, provided your rights are not reduced.
• Severability: If a provision is found invalid or unenforceable, the remaining provisions stay in effect and that provision is applied in the valid form closest to its purpose.
• No waiver: Failure or delay in exercising a right is not a waiver of that right.
• Entire agreement: These Terms and the policies they reference are the entire agreement between the parties on their subject. Separate agreements signed for the partner program, the producer network or enterprise customers prevail on their own subject.
• Independent parties: The parties are independent contractors; no partnership, agency or employment relationship is created.
• Language: These Terms are published in English and Turkish. In case of inconsistency the English text prevails, except where mandatory law gives priority to the local language version. For the KVKK Information Notice the Turkish text prevails.
• Notices: We send notices to the email address registered to your account or in the application, and they are effective when sent. Send legal notices to us at hello@custombull.com and, where required, to AKIN INDUSTRIES LLC, 11500 Main St. Suite 126, Houston, TX 77025, United States of America.