Terms & Conditions

Eligibility, Authority, and Trade Compliance

You must be at least 18 and legally capable of entering a contract. The Services are intended for business use. You may use the Services only for a lawful business and only if you are not prohibited from receiving them under applicable law. An organizational account may be controlled by authorized administrators, whose actions bind the organization.

You represent and warrant that you are not, and are not owned or controlled by, a person subject to sanctions administered by the U.S. Department of the Treasury’s Office of Foreign Assets Control or any other applicable restricted-party list, that you are not located in or ordinarily resident in an embargoed or comprehensively sanctioned jurisdiction, and that you will not access, use, export, or re-export the Services in violation of U.S. export control or economic sanctions laws. You will not submit export-controlled technical data to the Services.

The Services

The Services use automated and AI-assisted technology to review submitted artwork, labels, and related files and generate informational preflight reports. Features, supported file types, usage limits, processing times, and outputs may change. We may modify, add, or discontinue features, provided that we will not materially reduce a prepaid core service without providing a reasonable remedy where required by law or an applicable order form.

The Services are a supplemental quality-control tool, a second set of eyes, and do not replace qualified human review, testing, professional judgment, proofing, or approval before production or distribution.

We do not print, manufacture, finish, fulfill, or ship labels, packaging, or any other physical product. We do not select, supervise, inspect, or accept responsibility for your printer, converter, or any other vendor, and we are not a party to your agreements with them.

Accounts and Security

You must provide accurate information, keep it current, protect credentials, use reasonable account security, and promptly notify us of suspected unauthorized access. You are responsible for activity under your account, including activity by personnel or contractors you authorize. Accounts and credentials may not be shared outside the licensed organization or used to evade pricing or usage limits.

We may require identity, payment, or account verification. We may rely on account administrator instructions regarding users, permissions, or account data unless we know the instruction is unauthorized.

Subscriptions, Fees, and Taxes

4.1 Subscription Term and Automatic Renewal

Subscriptions begin when purchased and continue for the selected billing period. Unless the checkout page or order form says otherwise, subscriptions renew automatically for successive periods of the same length, at the then-current rate for your plan, until you cancel. You authorize Stripe or our payment provider to charge the payment method on file for fees, taxes, and authorized adjustments on each renewal date.

You may cancel at any time through the cancellation controls in your account, without contacting support and without any retention process. Where required by applicable automatic-renewal law, we will present the renewal terms clearly and conspicuously before purchase, obtain your affirmative consent to them, send an acknowledgment of the terms after purchase, and provide advance notice before an annual or other qualifying term renews.

4.2 Payment, Failed Payments, and Disputes

Fees are due upon purchase or invoice receipt and are stated in U.S. dollars unless otherwise specified. You are responsible for applicable sales, use, value-added, withholding, or similar taxes, excluding taxes on our net income.

If a charge fails, is reversed, or becomes overdue, we may retry the charge, suspend access after any notice required by law, and terminate the account if the amount remains unpaid for 15 days after we notify you. You remain responsible for amounts owed, and we may recover reasonable costs of collection permitted by law.

Billing disputes. If you believe a charge is incorrect, contact us at hello@preflight.art within 60 days of the charge and we will investigate in good faith. You agree to raise billing disputes with us before initiating a chargeback or payment reversal with your card issuer or bank. Initiating a chargeback without first contacting us is a material breach of these Terms and may result in immediate suspension of the account and recovery of the disputed amount and associated processor fees.

4.3 Changes to Fees

We may change subscription pricing on at least 30 days’ notice to the email address on your account. A price change takes effect at the start of your next billing period after the notice period ends. If you do not accept a change, cancel before it takes effect. Continued use after the effective date constitutes acceptance of the new price.

4.4 Cancellation and Refunds

Cancellation takes effect at the end of the then-current paid billing period, and you may continue using the Services through that date unless the account is suspended or terminated for cause. Except as required by law or expressly stated in an order form, paid fees are nonrefundable and we do not provide prorated refunds.

If a free-trial or paid preflight fails solely because of a verified malfunction in our reporting engine, our ordinary remedy is to rerun the report or restore the affected usage entitlement. If a material paid service remains unavailable for an extended period and we cannot provide that remedy, we may issue a reasonable service credit or refund in our discretion. This Section does not limit rights that cannot legally be waived.

Trials and Promotional Offers

Trials and promotions may have separate eligibility, duration, usage, and conversion terms disclosed when offered. We may end or modify a promotion to prevent abuse. Unless disclosed otherwise, unused trial benefits expire and have no cash value. Unless we state otherwise when the trial is offered, a trial converts to a paid subscription at the end of the trial period unless you cancel before it ends.

Customer Content and Ownership

“Customer Content” means artwork, labels, files, specifications, instructions, feedback, and other material submitted by or for you. As between the parties, you and your licensors retain all right, title, and interest in Customer Content. These Terms do not transfer ownership of Customer Content to us.

You grant us and our service providers a worldwide, nonexclusive, limited license to host, copy, transmit, process, display internally, modify solely for technical processing, and otherwise use Customer Content as reasonably necessary to: provide and support the Services; generate and preserve reports; troubleshoot and rerun preflights; conduct quality assurance; protect security and prevent abuse; comply with law; and improve, develop, test, and maintain the Services and their models as described below. This license lasts only as long as reasonably necessary for those purposes and our retention obligations.

For service improvement, we may analyze Customer Content, report results, corrections, metadata, usage patterns, and feedback. Where reasonably practical for the purpose, we use aggregated, pseudonymized, or deidentified information. We will not sell Customer Content, license it as a standalone asset, use it to create competing artwork, or intentionally expose one customer’s identifiable Customer Content to another customer.

Third-party model training. We do not use Customer Content to train foundation models operated by third parties. Our agreements with the AI providers that process Customer Content on our behalf prohibit those providers from using it to train their own models. Improvements derived from our quality assurance and development work exist as changes to our rules, models, and reference data, and are not designed to reproduce or expose Customer Content.

You represent and warrant that you own or have all rights, permissions, notices, and lawful bases needed to submit Customer Content and authorize the uses in these Terms, including content owned by your clients and including under any confidentiality or nondisclosure obligation you owe a client or other third party. You must not submit data prohibited by Section 11 or subject to special restrictions unless we first agree in writing to appropriate safeguards.

Confidentiality

“Confidential Information” means nonpublic information disclosed by one party that is identified as confidential or that a reasonable person would understand to be confidential, including Customer Content, product plans, security information, pricing, and business information. Confidential Information excludes information that the recipient can document: is lawfully public without breach; was already known without duty; is received lawfully from a third party without duty; or is independently developed without use of the discloser’s information.

The recipient will use Confidential Information only to perform or receive the Services and will protect it with at least reasonable care. The recipient may disclose it only to personnel, professional advisers, and service providers who need to know it and are bound by confidentiality obligations at least as protective. If disclosure is legally required, the recipient will, where legally permitted, give prompt notice and reasonable assistance to seek protective treatment.

The confidentiality obligations continue for five years after disclosure; obligations for trade secrets continue for as long as protected by law. On termination, each party will return or delete Confidential Information upon reasonable request, subject to backup cycles, legal retention, and the Privacy Policy.

Our Intellectual Property

We and our licensors own the Services, software, models, workflows, interfaces, documentation, report formats, trademarks, and all improvements, excluding Customer Content. Subject to these Terms and payment of fees, we grant you a limited, revocable, nonexclusive, nontransferable right to access and use the Services internally during the subscription term.

Reports. Subject to payment of applicable fees, you may use, copy, and share preflight reports within your organization and with your clients, printers, and vendors in connection with the relevant project. You may not publish, redistribute, resell, or otherwise commercialize reports outside that purpose. Reports may carry a unique report identifier and an identifier associating the report with the generating account. You may not remove, obscure, alter, or falsify those identifiers or any proprietary notice.

Feedback. Feedback may be used without restriction or payment, provided we do not publicly identify you as its source without permission. Feedback does not include Customer Content or Confidential Information embedded in a support request except to the extent necessary to understand the feedback.

Copyright Complaints and Repeat Infringers

We respect intellectual property rights and respond to notices of alleged copyright infringement under the Digital Millennium Copyright Act.

Notice. If you believe material accessible through the Services infringes your copyright, send a written notice to our designated agent that includes: a physical or electronic signature of the owner or an authorized representative; identification of the copyrighted work claimed to be infringed; identification of the material claimed to be infringing and information reasonably sufficient to locate it; your contact information; a statement that you have a good-faith belief the use is not authorized by the owner, its agent, or the law; and a statement, under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on the owner’s behalf.

Designated agent. PreFlight.art, LLC.

Counter-notice. If your material was removed or disabled, you may send a counter-notice containing the elements required by 17 U.S.C. 512(g), including consent to jurisdiction in the federal district court for your address or, if outside the United States, for the district where we are located.

Misrepresentation. Knowingly making a material misrepresentation in a notice or counter-notice may result in liability under 17 U.S.C. 512(f).

Repeat infringers. We may remove or disable access to material, and will terminate in appropriate circumstances the accounts of users who are repeat infringers.

Reports, AI Outputs, and Customer Responsibilities

Reports and other outputs may be incomplete, inaccurate, inconsistent, or affected by file quality, configuration, model limitations, software defects, or changes in law and industry standards. Similar inputs may produce different outputs. You must independently review Customer Content and every report before printing, manufacturing, approving, distributing, or relying on a file.

You are solely responsible for final artwork, copy, dimensions, color, barcodes, ingredients, claims, warnings, regulatory statements, accessibility, print specifications, legal compliance, and production approval. You control whether and how to act on a report. You must maintain source files, backups, proofs, and appropriate quality-control procedures.

Prohibited Uses, Fair Use of Unlimited Plans, and Abuse

11.1 Fair use of unlimited plans

Plans described as “unlimited” are licensed to a single subscribing organization for its own internal business use, including preflight review of files belonging to that organization’s bona fide clients in the ordinary course of the services it provides them. Unlimited does not mean unrestricted. We may set and enforce reasonable technical limits on request rates, file sizes, concurrency, and total volume to protect the stability and security of the Services.

11.2 Prohibited conduct

You may not, and may not permit another person to:

• share credentials outside your licensed organization; provide reports as a standalone resale service; operate the Services as a bureau or pass-through for third parties who are not your bona fide clients; sublicense access; use a single account to serve multiple unaffiliated businesses; create multiple accounts to circumvent plan limits; or use an “unlimited” plan in a manner inconsistent with reasonable internal business use or to avoid purchasing appropriate access;
• scrape, crawl, harvest, benchmark for publication without permission, use unauthorized bots, overload the Services, circumvent rate or usage limits, or interfere with availability or security;
• reverse engineer, decompile, disassemble, discover source code or model components, extract training data, replicate the Services, or build a competing product using nonpublic aspects of the Services, except to the limited extent a restriction is prohibited by law;
• upload malware; unlawful, infringing, deceptive, or harmful material; credentials; payment-card data; government identifiers; protected health information; export-controlled technical data; or other regulated or highly sensitive information unless expressly authorized in writing;
• violate law or third-party rights; misrepresent a report as an approval, certification, or professional review; remove, obscure, or alter proprietary notices or report identifiers; gain unauthorized access; test vulnerabilities without written authorization; or assist another person in doing any prohibited act.

11.3 Monitoring and remedies

We may use technical and account-level measures to identify suspected abuse, including usage volume, concurrency, account access patterns, device and network characteristics, and report activity. We will process associated Personal Information under the Privacy Policy.

If we reasonably determine that your use violates this Section, we may, in addition to any other remedy: apply rate limits or throttling; require you to move to an appropriate plan or execute an order form covering the actual use; invoice you for the fair value of the unauthorized use at our then-current list rates, which you agree to pay; and suspend or terminate the account under Section 15. Where reasonably practicable and safe, we will contact you before acting.

Regulatory and Professional Disclaimers

You must consult qualified legal, regulatory, engineering, quality, printing, or other professionals as appropriate. No report creates an attorney-client, consultant-client, certification, fiduciary, or professional-adviser relationship.

Third-Party Services

The Services may depend on or integrate with third-party services, including payment, hosting, communications, AI, monitoring, analytics, and accounting providers. Third-party terms and availability may apply. We are not responsible for third-party services outside our reasonable control, but this does not limit duties imposed on us by law or our Data Processing & Confidentiality Addendum.

Service Availability and Changes

We aim to operate the Services reliably but do not promise uninterrupted or error-free access or a particular processing time unless an order form expressly states a service level. Maintenance, security events, provider failures, internet conditions, force majeure, and model updates may affect availability. We may deploy fixes, change models, impose reasonable usage or security limits, and take emergency measures.

Suspension and Termination

Termination for cause. We may suspend or terminate access immediately if we reasonably believe there is credential sharing, scraping, reverse engineering, reselling, automated or excessive abuse, unlawful activity, nonpayment, a security threat, material breach, or conduct that may harm the Services or another person. When reasonably practicable and safe, we will provide notice and an opportunity to cure a remediable breach.

Termination for convenience. We may terminate your subscription for any other reason on 30 days’ notice to the email address on your account, in which case we will refund the prorated portion of prepaid fees for the unused remainder of the then-current billing period.

Your termination. You may terminate by canceling as described in Section 4.

Effect of termination. Upon termination, your right to use the Services ends except through an applicable paid period. Before termination takes effect, you should download any reports you wish to retain. We will delete Customer Content and reports in accordance with the retention schedule in the Privacy Policy, ordinarily within 30 days after cancellation or deactivation. Sections that by their nature should survive do survive, including payment obligations, ownership, confidentiality, disclaimers, liability limits, indemnity, dispute terms, the limitation period in Section 21, and the general provisions.

Disclaimer of Warranties

Limitation of Liability

The exclusions and cap do not apply to Customer’s payment obligations; infringement or misuse of the other party’s intellectual property; breach of Section 11; Customer’s indemnity obligations; or liability that cannot be limited by law.

Indemnification

You will defend, indemnify, and hold harmless the Company and its affiliates, officers, directors, employees, and agents from third-party claims, damages, losses, judgments, penalties, costs, and reasonable attorneys’ fees arising from: Customer Content; your products, labels, printing, distribution, regulatory compliance, or reliance on reports; your violation of law or third-party rights; your breach of Sections 6, 10, or 11; or use of the Services by persons acting through your account.

We will provide prompt notice and reasonable cooperation. You may control the defense with qualified counsel, but may not settle a claim in a manner that admits our fault, imposes obligations on us, or fails to provide an unconditional release without our written consent. We may participate with counsel at our expense.

Dispute Resolution

Informal resolution. Before filing a claim, the complaining party must send a written notice describing the dispute and requested relief. Authorized representatives will attempt in good faith to resolve it for 30 days. Notices to the Company must be sent to hello@preflight.art.

Binding arbitration. Except for eligible small-claims matters or requests for injunctive relief concerning intellectual property, confidentiality, unauthorized access, or security, disputes will be finally resolved by confidential, individual arbitration administered by AAA under its applicable commercial rules before one arbitrator in San Diego County, California. The Federal Arbitration Act governs this clause.

No class proceedings. TO THE MAXIMUM EXTENT PERMITTED BY LAW, DISPUTES MUST BE BROUGHT INDIVIDUALLY, NOT AS A PLAINTIFF OR CLASS MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE, OR PRIVATE-ATTORNEY-GENERAL ACTION. The arbitrator may grant relief only to the individual party.

Opt-out. You may opt out of this arbitration agreement by sending written notice to hello@preflight.art within 30 days after you first accept these Terms, stating your name, account email, and intent to opt out. Opting out does not affect any other provision of these Terms.

Governing Law and Venue

These Terms are governed by the laws of California, without regard to conflict-of-laws rules. For disputes not subject to arbitration, each party consents to exclusive jurisdiction and venue in the state and federal courts located in San Diego, California. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Time Limit on Claims

To the maximum extent permitted by law, any claim arising out of or related to the Services or these Terms must be commenced within one year after the claim accrues, or it is permanently barred. This Section does not apply where applicable law prohibits a shortened limitations period, and does not apply to Customer’s payment obligations.

Notices

We may provide notices through the Services, account email, or posting to https://preflight.art/.

Legal notices to us must be sent to hello@preflight.art. Notices are effective when received, except posted updates are effective as stated in Section 23.

Changes to These Terms

We may update these Terms. We will post the revised Terms and effective date and provide additional notice of material changes when required. Changes apply prospectively. Continued use after the effective date constitutes acceptance; if you object, you must stop using and cancel the Services.

General Provisions

These Terms, the Privacy Policy, the Data Processing & Confidentiality Addendum when applicable, any order form, and incorporated policies are the entire agreement regarding the Services. An order form controls over these Terms only if it expressly identifies the conflicting provision. Preprinted terms in a purchase order, vendor portal, or onboarding document are void and of no effect unless we sign a separate written agreement accepting them.

A waiver must be written. Invalid provisions will be modified to the minimum extent necessary, and the remainder remains effective. You may not assign these Terms without our consent; we may assign them in connection with a merger, reorganization, financing, or sale of substantially all relevant assets. There are no third-party beneficiaries. Headings are for convenience. Electronic acceptance and copies are enforceable. Neither party is liable for delay caused by events beyond reasonable control, except payment obligations. The parties are independent contractors, and nothing in these Terms creates a partnership, joint venture, agency, or employment relationship.

Contact

PreFlight.art, LLC
Website: https://preflight.art/
Contact: hello@preflight.art