Terms of Service

Last updated: July 26, 2026

These Terms of Service ("Terms") govern your use of UpMerQ, operated by NSB Creative Solutions, a Wyoming LLC ("UpMerQ," "we," "us," or "our"), including upmerq.com and all storefronts hosted at upmerq.store. By creating a store or making a purchase through UpMerQ, you agree to these Terms.

1. What UpMerQ Is

UpMerQ lets a business owner upload a logo and receive a fully branded merchandise store within minutes. UpMerQ handles product creation, order fulfillment (through our print-on-demand partner, Printify), and payment processing (through Stripe Connect). Business owners are not required to hold inventory, manage a separate fulfillment account, or handle payment processing themselves.

UpMerQ is the merchant of record. All customer payments are processed through UpMerQ's Stripe account. Business owners receive their earned margin via Stripe Connect transfer according to the payout schedule below.

2. Eligibility and Accounts

You must be at least 18 years old and able to form a binding contract to create a business account. You're responsible for maintaining the confidentiality of your account credentials and for all activity under your account. Provide accurate information when creating your account and keep it up to date.

3. Your Logo and Content

By uploading a logo or other content to UpMerQ, you represent and warrant that:

• You own the content or have the necessary rights and permissions to use it commercially
• The content does not infringe any third party's trademark, copyright, or other intellectual property rights
• Your use of the content on merchandise does not violate any law

UpMerQ performs an automated trademark screening check on uploaded logos as a courtesy. This screening is not a legal clearance and does not guarantee your logo is free of trademark conflicts. You are solely responsible for ensuring you have the rights to use your logo commercially.

Stores found to be in violation of these intellectual property terms will be taken down immediately, without prior notice, at our sole discretion.

4. Fees and Payments

UpMerQ uses a single, no-subscription fee structure based on cumulative sales:

"Margin" means the retail price of a product minus its wholesale fulfillment cost. The platform fee applies only to this margin, not to the full sale price. Retail prices must exceed wholesale cost by at least 40% (rounded up to the nearest dollar); this minimum is enforced automatically when you set your pricing.

Referral program: if you refer another business that completes at least one sale, you receive a reduced 15% platform fee for three months. Referral discounts are stackable and applied automatically.

Founding Partner and other promotional programs: from time to time, UpMerQ may invite a limited group of businesses — such as through the Founding Partner program — to a promotional rate of 15% for three months, starting on that business's first sale, in place of the standard fee schedule above during that window. This uses the same reduced rate as the referral program discount and stacks under the same rules. Eligibility, terms, and availability of any promotional or beta program are determined by UpMerQ and may be changed, limited, or discontinued at any time without affecting a rate you've already earned.

There are no monthly subscription fees. You are only charged a platform fee on sales you actually make.

Payouts: earned margin is paid out weekly via Stripe Connect transfer, for orders that have been marked delivered. Payouts are net of platform fees and any refund clawbacks.

Taxes: applicable sales tax is calculated and collected automatically at checkout through Stripe Tax in jurisdictions where UpMerQ is registered. Business owners are responsible for their own income tax obligations related to earnings from their store.

5. Products, Fulfillment, and Shipping

All products are produced on demand through our fulfillment partner, Printify, only after a customer places an order — no inventory is pre-made or held by you or by UpMerQ. Product availability, materials, and specifications are subject to change based on fulfillment partner availability. Standard shipping is a flat rate with an estimated delivery window as shown at checkout; delivery times are estimates, not guarantees.

6. Customer Orders, Refunds, and Returns

Customers check out as guests; no customer account is required.

Genuine defects. If an order arrives with a print defect — misalignment, fading, cracking, or the wrong item — contact us at support@upmerq.com for a full refund or reprint.

Non-defective items. Because every product is manufactured on demand specifically for your order, we do not offer refunds or returns for reasons unrelated to a manufacturing defect. This includes not liking how a design looks once printed, and minor color variation between the product photos shown on the store and the physical blank garment, which is an inherent characteristic of print-on-demand manufacturing and not a defect. We may, at our sole discretion, make an exception on a case-by-case basis.

All refund decisions are made by UpMerQ as merchant of record and are final.

7. Prohibited Uses

You may not use UpMerQ to sell merchandise that:

• Infringes another party's intellectual property
• Is illegal, fraudulent, or deceptive
• Contains hate speech, harassment, or content promoting violence
• Violates any applicable law or third-party right

We reserve the right to suspend or remove any store, product, or account that violates these Terms, with or without notice.

8. Suspension and Termination

We may suspend or terminate your access to UpMerQ at our discretion, including for violation of these Terms, non-payment of fees owed, or suspected fraudulent activity. You may close your account at any time by contacting us; account deletion is a permanent, cascading removal of your store data, subject to financial records we're required to retain by law.

9. Disclaimers

UpMerQ is provided "as is" and "as available," without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee that the service will be uninterrupted, error-free, or that any particular sales volume or revenue will result from using UpMerQ.

10. Limitation of Liability

To the fullest extent permitted by law, NSB Creative Solutions and UpMerQ will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenue, arising from your use of the service. Our total liability for any claim relating to UpMerQ will not exceed the greater of $100 or the fees you paid us in the three months preceding the claim.

11. Indemnification

You agree to indemnify and hold harmless NSB Creative Solutions from any claims, damages, or expenses (including reasonable attorneys' fees) arising from your content, your violation of these Terms, or your violation of any third-party right, including intellectual property rights related to your uploaded logo or brand assets.

12. Governing Law

These Terms are governed by the laws of the State of Wyoming, without regard to conflict-of-law principles, without prejudice to any mandatory consumer-protection laws that may apply in your jurisdiction.

13. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we'll update the "Last updated" date above and, where appropriate, notify business owners by email. Continued use of UpMerQ after changes take effect constitutes acceptance of the updated Terms.

14. Contact Us

Questions about these Terms can be sent to: support@upmerq.com

NSB Creative Solutions Wyoming LLC