Terms of Service

Acceptance of Terms

By accessing and using TransferNest's services, operated by 3Thirty3 Ltd. under the DTF Wholesale Canada brand, including our website, design tools, nesting wizard, direct nesting tool, or placing any order, you agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree to these terms in their entirety, you must immediately cease using our services.

Service Description

TransferNest, operated by 3Thirty3 Ltd. under the DTF Wholesale Canada brand, provides DTF (Direct-to-Film) transfer printing services with AI-powered gang sheet nesting and a conversational design wizard. We offer multiple tools to upload designs, optimize layouts, specify product placements, and order professional transfers for apparel decoration.

Our services include but are not limited to: image upload and management, automated nesting algorithms, product mockup previews, size recommendations, custom print file generation, order fulfillment, and direct-to-customer nesting tools for manual layout optimization.

Design Wizard and Size Specifications

⚠️ CRITICAL: You are solely responsible for all size specifications entered through our design wizard or nesting tool.

When using our design wizard or direct nesting tool, you acknowledge and agree that:

• Size recommendations are industry guidelines only and may not be appropriate for your specific garments
• You must physically measure your actual garments with a measuring tape before finalizing sizes
• The same design dimensions will appear different on different garment sizes (e.g., Youth vs. Adult 4XL)
• You are responsible for understanding how design size relates to garment size
• Aspect ratios are maintained automatically - changing width adjusts height proportionally
• By typing your name in the signature field, you confirm you have verified all measurements
• NO REFUNDS, RETURNS, OR REPRINTS will be issued for size-related issues if you provided incorrect specifications

Intellectual Property and Content Ownership

⚠️ CRITICAL: You represent and warrant that you own or have obtained all necessary rights, licenses, and permissions for any content you upload.

By uploading content to our platform, you represent and warrant that:

• You own the content or have explicit legal authorization to use it commercially
• Your content does not infringe upon any copyright, trademark, patent, trade secret, right of publicity, right of privacy, or other intellectual property rights of any third party
• You have obtained all necessary model releases, property releases, and permissions for any persons, logos, brands, or properties depicted in your content
• Your content does not violate any law, statute, ordinance, or regulation
• Your content is not defamatory, libelous, obscene, pornographic, threatening, harassing, or hateful

INDEMNIFICATION: You agree to indemnify, defend, and hold harmless 3Thirty3 Ltd. and the DTF Wholesale Canada brand, TransferNest, its owners, officers, employees, contractors, and agents from any and all claims, demands, damages, liabilities, losses, costs, and expenses (including reasonable attorney's fees and court costs) arising from or related to: (a) any actual or alleged intellectual property infringement, (b) any breach of these representations and warranties, (c) any third-party claims related to your uploaded content, (d) any legal actions or proceedings arising from the production or distribution of your designs.

You retain all rights to the designs you upload. By using our service, you grant us a limited, non-exclusive, worldwide license to process, reproduce, store, and print your designs solely for the purpose of fulfilling your orders and providing our services.

User Responsibilities and Conduct

You agree to:

• Provide accurate, complete, and truthful information in all interactions
• Maintain the security and confidentiality of your account credentials
• Only upload content you have explicit legal rights to use commercially
• Not upload offensive, illegal, infringing, defamatory, or inappropriate content
• Not use our services for any unlawful purpose or to violate any laws
• Not attempt to circumvent any security features or access restrictions
• Not engage in any activity that could damage, disable, or impair our services
• Not use automated systems (bots, scrapers) without written permission
• Comply with all applicable federal, state, and local laws and regulations
• Verify all specifications, sizes, quantities, and details before finalizing orders

Orders, Pricing, and Payment

All orders are subject to acceptance and availability. We reserve the right to refuse or cancel any order for any reason including but not limited to: suspected copyright infringement, inappropriate content, pricing errors, technical issues, suspected fraud, or unavailability of materials.

Prices are subject to change without notice. The price charged will be the price displayed at checkout. All prices are in Canadian Dollars (CAD) unless otherwise specified. Applicable taxes will be added at checkout.

Payment is processed securely through Square and/or Stripe. By providing payment information, you represent that you are authorized to use the payment method and authorize us to charge all fees incurred.

All sales are final once production begins. Order modifications or cancellations must be requested immediately and are not guaranteed.

Production and Quality

We strive to produce high-quality DTF transfers. However, print quality depends on many factors including your original image resolution, file format, color profiles, and design complexity.

Quality-related conditions:

• We recommend uploading high-resolution images (300 DPI minimum)
• Colors may vary slightly from screen display due to printing process and monitor calibration
• We are not responsible for pixelation or quality issues resulting from low-resolution uploads
• Small text and fine details may not reproduce clearly depending on size and resolution
• Our automated nesting may rotate designs for optimal sheet utilization

Shipping, Delivery, and Returns

Orders are printed and ready for pickup or shipping within 2 business days after order confirmation. Carrier transit is additional and varies by carrier and destination. We are not responsible for carrier delays, lost packages (after confirmed delivery), or customs delays for international shipments.

Return Policy: Due to the custom nature of our products, returns are only accepted for manufacturing defects (e.g., printing errors, damaged transfers, incorrect items shipped). Returns must be requested within 14 days of delivery with photographic evidence.

NO RETURNS OR REFUNDS will be provided for:

• Size-related issues when you provided the specifications
• Color variations from your screen display
• Low quality resulting from low-resolution uploads
• Copyright or intellectual property disputes
• Changes in your design requirements after production begins
• Customer error in specifications, quantities, or product selection

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

3Thirty3 Ltd., the DTF Wholesale Canada brand, TransferNest, and all affiliated entities, officers, directors, employees, contractors, and agents SHALL NOT BE LIABLE for any indirect, incidental, special, consequential, punitive, or exemplary damages arising from or related to:

• Use or inability to use our services
• Any errors, mistakes, or inaccuracies in content or services
• Personal injury or property damage resulting from your use of our services
• Unauthorized access to our servers or any data stored therein
• Interruption or cessation of services
• Any bugs, viruses, or harmful code transmitted through our services
• Loss of profits, revenue, data, or business opportunities
• Copyright infringement claims by third parties
• Size-related issues or customer specification errors

OUR TOTAL LIABILITY to you for any claim arising from or related to these terms or our services SHALL NOT EXCEED the amount you paid for the specific order in question, or $100 CAD, whichever is less.

These limitations apply regardless of the legal theory (contract, tort, negligence, strict liability, or otherwise) and even if we have been advised of the possibility of such damages.

Warranty Disclaimer

OUR SERVICES AND PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that our services will be uninterrupted, secure, error-free, or that defects will be corrected. We make no warranties about the accuracy, reliability, completeness, or timeliness of our services, content, or products.

Data Privacy and Security

We collect and process personal information as described in our Privacy Policy. By using our services, you consent to such collection and processing. While we implement reasonable security measures, we cannot guarantee absolute security of data transmitted or stored.

Termination

We reserve the right to suspend or terminate your access to our services at any time, with or without notice, for any reason including but not limited to: violation of these terms, suspected fraudulent activity, copyright infringement, abusive behavior, or failure to pay amounts owed.

Governing Law and Disputes

These Terms of Service shall be governed by and construed in accordance with the laws of the Province of Alberta, Canada, without regard to its conflict of law provisions.

Any disputes arising from these terms or our services shall be resolved through binding arbitration in accordance with the Arbitration Act (Alberta), except for intellectual property disputes and claims for injunctive relief which may be brought in the courts of Alberta.

Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

Changes to Terms

We reserve the right to modify, amend, or update these terms at any time without prior notice. Changes will be effective immediately upon posting to our website. Your continued use of our services after changes constitutes acceptance of the modified terms. It is your responsibility to review these terms periodically.

Entire Agreement

These Terms of Service, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and 3Thirty3 Ltd. and the DTF Wholesale Canada brand regarding your use of our services and supersede all prior agreements and understandings.

Contact

For questions about these Terms of Service, intellectual property concerns, or general inquiries, contact us at: