Terms & Conditions

Welcome to Dashery (the “Platform”), which is accessible via the website located at www.dashery.com. These terms of service (the “Terms“) govern the relationship between you (the “Creator”) and Dashery (us, Dashery, our as the context requires), for the provision of the services provided by us on www.dashery.com and other related websites (the “Service”).  Dashery (“we”, or “us”) is operated by TP Apparel LLC, with its office at 91 5th Avenue, 5th Floor, New York, NY 10003, USA. These Terms constitute a legally binding contract between you and us.

It is your responsibility to ensure that you comply with the law and are not infringing on anyone’s rights while using the Platform. This includes publishing your content, selling products that feature your content, and using the Services, which encompass customer service interactions, account management support, payment processing, and the distribution and manufacturing of products by third-party fulfillers. When a Buyer places an order, we will send the order details to third-party fulfillers who will manufacture and ship the Product according to the specifications.

The activities of Dashery and TeePublic lie solely in the provision of the Services. Neither Dashery nor TeePublic is a party to purchase contracts, or a party to contracts regarding the execution of purchase contracts (manufacturing and shipping of Products). The purchase contract is concluded exclusively between the Creator and the buyer (hereinafter “Buyer”). The contract regarding the execution of the purchase contract (manufacturing and shipping of the Product) is concluded exclusively between the Creator and the third-party fulfiller. Dashery does not sell, manufacture or deliver products in their own name and for its own account, but rather acts exclusively on behalf of the Creators, i.e. in their name and for their account.

Please note that we do not pre-screen the content or products uploaded by creators. Although unlawful content and products are not allowed, we cannot guarantee that all creators always comply with these Terms or the law. You are responsible for the content you share and should ensure you have the necessary rights to your products. 

You agree to be bound by the terms of these Terms whenever you use the Platform, register an account, log into the Platform, so it is important that you carefully read and agree to all the terms. If you do not agree with these Terms, or any of our other policies including, but not limited to, our Intellectual Property Rights Policy and Community and Content Guidelines (both of which are incorporated by reference in these Terms), you may not use the Platform or the Service.

IN PARTICULAR, PLEASE CAREFULLY READ THE BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER BELOW THAT APPLIES TO ALL USERS, AS IT AFFECTS HOW DISPUTES ARE RESOLVED BETWEEN YOU AND DASHERY.

[In order to reflect the differences in applicable law, this User Agreement differentiates, where necessary, between provisions that solely apply to Creators having their establishment (e.g. place of residence or business) in the European Union (EU) or the European Economic Area (EEA), and outside the EU / EEA.]

  1. General Information and Eligibility

Dashery is a technology platform that enables you to create a fully branded website (“Creator Site”) hosted on the TeePublic domain to enhance your connection with fans and followers. It allows you to establish a merchandise store to sell physical products (“Products”) which can be customized with your logo or other designs.

The Creator retains the option to publish and sell their merchandise on TeePublic.com. This decision is at the sole discretion of the Creator, allowing them to expand the availability of their merchandise through this platform if they choose to do so.

By agreeing to these Terms, you confirm that you are at least 16 years old. If you are under 18, you represent and warrant that your parent or guardian agrees to these Terms. If you are an entity, organization, or company, the person accepting these Terms on your behalf confirms they have the authority to bind you to these Terms, and you agree to be bound by them.

EU/EEA users: Minors are not permitted to use the Marketplace under any circumstances.

2. Setting up an Account

When creating an account, you must provide your first name, last name, country you reside in, your email address, a password, the platform on which your audience finds you and your social URL. When registering, you must provide the required data completely and truthfully. If this data changes after registration, you must update it without undue delay. If you provide false data or do not provide changes without undue delay, we may exclude you from the Platform.

To help us verify your identity and to protect the security of your account and to comply with the law, you may be requested to provide current and accurate information about yourself such as your name, physical address, telephone number, date of birth, tax ID, VAT number, and business registration number (if applicable). We may also request that you send us additional documents or information to help verify your identity such as a copy of your government-issued identification and other documents that may be legally required. It is prohibited to use false information or impersonate another person through your account. You agree and acknowledge that if you do not provide the information or documents requested that your account may be terminated or restricted and any of your earnings associated with your account may be delayed or withheld.

In the unfortunate event that a Creator dies or becomes permanently incapacitated, we may request certain documents from the Creator’s successors, assigns, or legal representatives including, but not limited to, a death certificate, proof of succession, or power of attorney.

3. Your Creator Site

You are solely responsible for your Creator Site and your Creator Site’s compliance with all applicable laws, rules, and regulations. You can delete your Creator Site at any time by deleting your account.

Your Creator Site must include, and you must follow, the following (collectively referred to as “End User Terms”): 

  • a privacy policy;

  • a terms of service between you and end users (“User“ or “Buyer”, used interchangeably) of your Creator Site 

The End User Terms will be directly between you and the end user. We will not be a party to the End User Terms. 

The End User Terms provided by us are for informational purposes only. Please note that the End User Terms do not provide legal advice or establish an attorney-client relationship. You should seek independent legal advice before publishing the terms on your Creator Site. Dashery disclaims all liability in connection with the contents of the User Terms. 

4. Purchasing Products on Creator Site

Dashery, acting as independent contractor under your instructions in relation to the performance of the Service, will facilitate obtaining of orders from users for the purchase of your Products displayed on the Creator Site and on instruction from you, arrange for third parties to fulfill those orders by facilitating payment for and manufacture of your Products, and arrange for the delivery of your Products by third-parties as per Users’ instructions. Whilst Dashery’s capacity is one of independent contractor in relation to the Services, you are the principal in relation to the sales transaction between you and the Buyer of your Product.

You agree that Dashery is free to act in any capacity for any other person interested in promoting, marketing and obtaining orders from members of the public for the purchase of their products on their respective Creator Sites that may include products that are the same as, or similar to your products. 

You agree that Dashery may include your products or links to your product pages on its affiliated platforms, namely on www.redbubble.com and www.teepublic.com. 

You are fully responsible for the collection of the shipping information from Buyers. We will not be held responsible for any loss or damage to Products due to incorrect shipping information. 

5. Sale of Your Products 

a. Dashery will handle and collect payments from Users for all product orders made through your Creator Site. Dashery may set payment amount threshold amounts in relation to a month or other time period and, where the payment amount does not exceed any applicable threshold for the relevant period, your payment may be postponed until the threshold is exceeded.

b. Dashery may offset returns, refunds, or other amounts you owe against any payments it owes you at any time. If you receive any excess payment for any reason, we reserve the right to adjust or deduct that amount from future payments due to you under these Terms.

c. The retail price charged to end users who purchase your product is made up of the manufacturing fee charged by the third-party fulfiller, Dashery’s service fee for facilitating the transaction (the manufacturing fee and Dashery’s fee are referred to collectively, and inclusive of tax, as the “Base Amount”), your creator margin (“your Margin”), and any relevant sales tax (such as sales tax, GST, VAT, etc) that Dashery and/or you (as the case may be) are liable to account for to the appropriate tax authorities. The total amount may be affected by discounts and shipping charges that are added to the retail price. When making each individual Product available for sale, you are able to select any mark-up you wish, greater than the stated minimums in each category, or equal to zero , and above the Base Amount. The percentage mark-up selected by you on the Platform for each of your Products is used to calculate the currency value of your Margin for each sale.

d. You may change the percentage mark-up on top of the Base Amount at any time by changing your selection on the Platform. The Base Amount may change at any time with or without notice, which may affect the dollar value of your margin, which you set as a percentage of the Base Amount. The retail price will not change on an individual sale after the Buyer has submitted an order on the Creator Store.

e. You agree that Dashery makes no representation that it will be able to facilitate an order for your Products, whether at the retail price or at all, nor that you will obtain any benefit by entering into these Terms.

f. All Products purchased are manufactured by fulfillers in accordance with your design instructions and pursuant to arrangements with the third-party fulfillers. This means that title and risk of loss for such items pass from you to the Buyer without passing through Dashery prior to the goods being delivered to the Buyer under the Buyer’s instructions.

6. Product Returns

As a Creator, you acknowledge that if a Buyer receives a damaged product, they are required to report the incident and the nature of the damage to customer service within 30 days of receipt. Upon verification, a replacement order or a voucher may be issued to the Buyer, including shipping fees. The Buyer may be asked to provide reasonable proof of the damage, such as a photo of the damaged product or the return of the damaged product itself.

Once an item has been exchanged, it is no longer eligible for a return for a refund. Any refund issued will be for the purchase price minus the original shipping fees.

You grant Dashery permission to facilitate the sustainable disposal of any returned product, including but not limited to, items returned as a result of a refund, reprint, or product sampling.

7. Taxation Responsibility

Dashery will collect and remit sales taxes (such as sales tax, GST, VAT, etc.) on your behalf where required by applicable federal or state taxation laws or regulations. However, if Dashery is not required by applicable federal or state taxation laws or regulations to collect and remit sales taxes:

a. Each party is responsible for their own taxes associated with each transaction and will account for any taxes imposed by governments or governing authorities, and related accounting or audit requirements arising out of, as a result of, incidental to, or in connection with obligations under these Terms. We recommend that you consult with your tax advisor as to the application of taxes for you, as the seller of the merchandise. This may include sales tax, VAT, GST, other transactional taxes and income taxes;

b. Dashery will not collect or pay taxes on your behalf as you are the principal in the sale of your product to Buyers. As stated above under the “Payment Terms” section, the amounts distributed to you will be deemed to be inclusive of any taxes, if applicable. You will at all times be solely responsible for reporting and remitting any tax liabilities arising out of the sale of your Products together with any potential interest or penalties that any tax authority may levy as a result of non-compliance; and

c.all tax-related reporting responsibilities by you to relevant tax authorities are entirely your responsibility.

8. Content on Creator Sites

Dashery allows Creators to create their Creator Site and to upload content to the Service, including Product designs, artwork, photos, images, folders, data, text, and other types of works or digital content (“Content”) and to publish such content on your Creator Site. You retain any copyright and other proprietary rights that you may hold in the Content that you post and your Creator Site.

By submitting Creator Content to or through the Service, you grant Dashery a worldwide, non-exclusive, royalty-free, fully paid license to host, store, transfer, display, perform, reproduce, and modify your Creator Content for formatting purposes, and distribute it, in whole or in part, across any media formats and channels currently known or developed in the future, to facilitate the provision of the Service.

By sharing your content (“Creator Content”) through the Service with other users, you grant them a non-exclusive license to access and use that content in accordance with these Terms and the Service’s functionality.

If you opt in for your merchandise to be displayed on affiliated platforms (i.e. www.redbubble.com and/or www.teepublic.com), you hereby grant TeePublic and its affiliates, successors and assigns a non-exclusive, worldwide, royalty-free, sublicensable and transferable license to distribute, host, transmit, store, use, reproduce, and publicly display, in any media formats and through any media channels, the Content you publish to the affiliated platforms in connection with TeePublic’s or its affiliates’ businesses, promotion of your Creator Site, and the provision of the Services including, but not limited to, the facilitation of your activities and the activities of third parties that are required or contemplated by the functionality of Dashery or these Terms, including, but not limited to, the third-party manufacturing, promotion, marketing, advertising, and distribution of your products and viewing and access by Users. The above licenses terminate within a commercially reasonable time after you remove or delete your content from the Creator Site. 

Dashery reserves the right to remove or disable access to hosted Creator Content in its sole discretion.



9. Creator Representations and Warranties 

When you create your Creator Site, you represent and warrant all of the following:

  • you own all applicable rights in the content you produce or Products displayed on the Creator Site including, but not limited to, intellectual property rights and publicity rights or, if you are not the owner, that you have permission from the owner to display, reproduce, distribute, make, and sell and otherwise use the content and Products in connection with the Platform;

  • the content and Products will not infringe the intellectual property rights or other rights of any person or entity, including copyright, moral rights, trademark, patent or rights of privacy or publicity;

  • your use of the Platform will comply with our Intellectual Property Policy;

  • your use of the Platform will comply with the law;

  • the content does not contain material that defames or vilifies any person, people, races, religion or religious group and is not obscene, pornographic, indecent, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable;

  • your use of the Platform will comply with our Content Standards;

  • the Content does not include malicious code including, but not limited to, viruses, trojan horses, worms, time bombs, cancelbots, or any other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, data, or personal information; and

  • the content is not misleading or deceptive and does not offer or disseminate fraudulent goods, services, schemes, or promotions, and the content does not promote Products for uses and to consumers for which the Products are not intended.

    Dashery reserves the right to review and, in its sole discretion, to disable or terminate your account and to remove from the Platform or disable or limit access to any of your content or Products, if we believe that you or your content breached or is likely to breach these Terms or an agreement with an applicable third party, violates the law, our Intellectual Property Policy, our Content Standards or any of our policies, or for any other reason. We also reserve the right to promptly terminate the accounts of users that are determined to be repeat infringers.

[EU/EEA users: 

  • In the event that you violate applicable law, the rights of third parties or the provisions of this User Agreement through Content or Products provided by you and this comes to our attention or another justified interest of Dashery exists, we reserve the right to (a) demand necessary information from you, (b) block your individual Content or Products, (c) issue a warning, (d) block your Account temporarily or permanently, (e) provide information to any affected rights holders, or (f) take other appropriate counter-measures.

  • We further reserve the right to permanently block your Account if you (a) provided false contact details, (b) did not provide information required by us within a reasonable period of time upon our request, (c) transferred your Account or granted third parties access to your Account, (d) repeatedly published Inappropriate Content on the Marketplace, (e) repeatedly violated the provisions of these Terms or (f) conducted other actions that qualify as an important reason.]

10.  Linked Websites and Third-Party Services

The Platform may contain links to other websites owned or operated by third parties (“Linked Websites”). Those links may allow you to link your account with another account on the third-party service. We are not responsible for the content or privacy practices associated with Linked Websites. Any links to Linked Websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of such Linked Websites, or of any information, graphics, materials, products or services referred to or contained on such Linked Websites, unless and to the extent stipulated to the contrary.

The Service may contain third-party software components that are typically available at no cost under licenses that allow users extensive rights to copy, modify, and distribute these components. While the Service is offered to you under these Terms, nothing within these Terms is meant to prevent or limit you from acquiring such components under their respective third-party licenses or from using them according to those licenses.

11. ProhibitedContent

A. Procedure for Making Claims of Intellectual Property Infringement

We are committed to respecting intellectual property rights and expect all users to do the same. If you believe content on the Service infringes on your rights and you are the rights holder or their legal representative, please contact us immediately with a Notice and Takedown Request at legal@dashery.com. For any other intellectual property-related inquiries, refer to our Intellectual Property Policy for more details.

B. Reporting Inappropriate Content

Our platform is fully automated, so we do not pre-screen the content listed or products offered by the creators on Creator Sites. Each Creator is solely responsible for their content and products, and we cannot ensure that Creators will not post inappropriate content. Inappropriate Content includes, but is not limited to, content that violates copyright, trademark, or other intellectual property rights, or that is defamatory, obscene, pornographic, indecent, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory, objectionable, or otherwise illegal or against these Terms, Intellectual Property Rights Policy, or Content Standards.

If you believe your intellectual property rights are being violated, you can submit a Notice and Takedown Request, as specified in the Intellectual Property Rights Policy. 

12. Intellectual Property Rights and License 

The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service ("Materials") provided by Dashery are protected by intellectual property and other laws. All Materials included in the Service are the property of Dashery or its third-party licensors. Except as explicitly authorized by Dashery, you may not use the Materials. Dashery reserves all rights to the Materials not expressly granted in these Terms. Materials do not include Creator Content, and Dashery will not claim ownership of your Creator Content under these terms except as specifically outlined in these Terms.

If you reference our trademarks or other intellectual property in relation to our activities, products, or services, you must include a statement attributing the trademark to us. You may not use our trademarks, in whole or part, in your trademarks; in connection with activities, products, or services that are not ours; in a way that is confusing, misleading, or deceptive; or in a manner that disparages us or our information, products, or services.

13. Indemnity

You agree to indemnify, defend, and hold harmless Dashery, its officers, directors, employees, affiliates, agents, representatives, and all third parties involved —including Fulfillers, third-party shippers, payment processors, and Licensors facilitating the sale of your Products—and their respective officers, directors, employees, affiliates, agents, and representatives, from any and all claims, damages, losses, liabilities, costs (including reasonable legal fees), or other expenses arising directly or indirectly from: your breach or alleged breach of any part of these Terms; any allegation that your use of the Platform, your Content, or your Products infringes on the intellectual property or other rights of any third party; and/or your activities in connection with the Platform or Services.

Subject to applicable law, you acknowledge and agree that we may freeze or retain all or a portion of the funds in your account to cover your indemnity obligations under these Terms, including past or future legal costs associated with your breach or alleged breach, which have been or could reasonably be incurred by Dashery or the indemnified parties, or if required by legal proceedings or law.

This indemnity applies regardless of the negligence of any party, including any indemnified person. In addition to other provisions of these Terms that survive termination, this indemnity section will remain in effect even after the termination of these Terms.


14. Disclaimers and Limitation of Liability 

You must ensure that your access to the Platform or the Services and your use of the Platform and the Services is not prohibited by law. It is your responsibility to ensure that the process that you employ for accessing the Platform and Services does not expose you to risk of viruses, malicious computer code or other forms of interference that may damage your computer system. We do not accept responsibility for any interference or damage to any computer system that arises in connection with your use of the Platform or the Services.

The Platform and Services are provided on an ‘as is’ basis. We do not represent or guarantee that the Platform or the Services will be free from errors or viruses. We do not represent or guarantee that access to the Platform or the Services will be uninterrupted.

You acknowledge that the Platform or the Services may be affected by outages, faults or delays. Such outages, faults or delays may be caused by factors, including technical difficulties with the performance or operation of our or another person’s software, equipment or systems, traffic or technical difficulties with the internet or infrastructure failures.

We do not make any warranties or representations regarding any Creator Content uploaded to the Creator Sites including, but not limited to, that it will be protected against loss, theft, misuse or alteration by third parties. We do not accept any liability to you or any third parties for any losses arising directly or indirectly from a failure to provide the Services, corruption to or loss of data, errors or interruptions, any suspension or discontinuance of the Services, or any transmissions or Content of others in contravention of these Terms.

We have no responsibility for any loss or damage, however caused (including through negligence), that you may directly or indirectly suffer in connection with your use of the Platform or Services including, but not limited to, publishing Creator Content, or otherwise using the Platform, the  Services, or any Linked Website, nor do we have any responsibility for any such loss arising out of your use of or reliance on any information contained on or accessed through the Platform or Services.

WITHOUT LIMITING THE DISCLAIMER OF WARRANTIES CONTAINED IN THIS USER AGREEMENT AND TO THE FULLEST EXTENT PERMITTED BY LAW, WE MAKE NO REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE PLATFORM OR THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, Dashery, ITS AFFILIATES AND THIRD-PARTY FULFILLERS SHALL NOT BE LIABLE TO ANY PERSON FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER SUFFERED BY YOU ARISING FROM THIS USER AGREEMENT, OR OTHERWISE BASED UPON OR RESULTING FROM THE PLATFORM, THE WEBSITE OR THE SERVICES.

Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included, but our liability will be limited for a breach of that condition or warranty to one or more of the following, which may be offered as a gesture of goodwill: the supplying of the Services again, or the payment of the cost of having the Services supplied again.

This disclaimer set out in these Terms does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.


15. Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT APPLIES NO MATTER WHERE IN THE WORLD YOU LIVE, BUT IF YOU LIVE OUTSIDE OF THE UNITED STATES, YOU MAY BE ENTITLED TO THE PROTECTION OF THE MANDATORY CONSUMER PROTECTION PROVISIONS OF YOUR LOCAL CONSUMER PROTECTION LAW. BY ACCEPTING THESE TERMS, YOU AND Dashery OR ITS AFFILIATES BOTH EXPRESSLY WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION (“ARBITRATION AGREEMENT”).

THIS SECTION IV DOES NOT APPLY TO CONSUMERS WHO ARE ESTABLISHED (PLACE OF RESIDENCE) IN THE EUROPEAN UNION (EU) OR EUROPEAN ECONOMIC AREA (EEA).

If you have a problem or dispute, we will try our best to resolve it. If we are unsuccessful, you may pursue your claim only as set forth in this section. This Arbitration Agreement shall be governed in all respects by New York law, without regard to its or any other jurisdiction’s choice of law provisions.

A. Claims Covered by Arbitration Agreement

The Arbitration Agreement between you and Dashery is very broad: it covers all disputes, claims, or controversies, including those you may have had before you agreed to the terms of this Arbitration Agreement (“Terms”), arising out of or relating to (i) these Terms, (ii) any part of the Services including, but not limited to, the purchase or sale of products through the Platform or the Services, (iii) any dealings with Dashery, including any of its affiliates, agents, contractors, employees, or representatives, and (iv) the relationship between you and Dashery, including, the validity, enforceability, and scope of this Arbitration Agreement (collectively, “Disputes”).

You agree that all Disputes, except those mentioned in the very next sentence, shall be resolved through binding arbitration, subject to the limitations described in Sections C and D, below. Disputes that may be brought in small claims court are not subject to arbitration.

You and Dashery agree that any claim arising out of or related to the Dashery or TeePublic site (including but not limited to any services provided or made available therein), or these Terms of Service, must be commenced within one (1) year after the claim arose; otherwise, such claim is permanently barred.

B. Agreement to Attempt to Resolve Disputes Informally

It is in all the parties' interests to resolve any issues as quickly and cost-effectively as possible. Therefore, the parties agree to attempt to resolve any Dispute informally for at least 45 days before initiating any arbitration. The 45-day period begins upon receipt of written notice from one party to the other (“Notice of Dispute”). The Notice of Dispute must: (a) include the full name and contact information of the party raising the Dispute; (b) describe the nature and basis of the Dispute; and (c) explain what relief is being sought. We will send our Notice of Dispute to either your billing or email address, or both. You must send your Notice of Dispute to the following address: Attn: Legal Department, TeePublic, 91 5th Avenue, 5th Floor, New York, NY 10003.

Any offers to settle the Dispute made during the 45-day informal dispute resolution period shall be confidential and shall not be disclosed to the arbitrator in any subsequent arbitration proceeding.

The parties expressly agree that, if either party initiates an arbitration proceeding without first attempting informal resolution of a Dispute as set forth in this section, such arbitration proceeding may be immediately administratively terminated upon the request of any party.

C. Rules For Binding Arbitration

If we cannot resolve the Dispute informally, either party may then proceed to initiate confidential, binding arbitration to resolve the Dispute under the terms of this Arbitration Agreement. The results of any such arbitration shall be final and binding on the parties.  Such binding arbitration shall be the exclusive means of resolving the parties’ Dispute.  You and we expressly and irrevocably waive any right to have any and all Disputes decided by a court or jury.

You and we agree that these Terms of Service evidence a transaction in interstate commerce and that this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law, and not governed by state law. The arbitration will be conducted in the English language. Subject to the Express Limitations on Arbitration in Section D, below, an arbitrator may award any relief to either party that would be available in a court to the extent required to satisfy your Dispute; provided, however, that any injunctive, equitable or declaratory relief is specifically excluded from this Arbitration Agreement. Any injunctive relief sought by either party, where such remedies are permitted, shall be severed from the arbitration and must be sought in a court of law or equity. In a Dispute where you seek both money damages and injunctive relief, then you agree, consistent with section 3 of the Federal Arbitration Act, that the court may stay your claims for injunctive relief pending final resolution of your Dispute in arbitration.

The arbitration shall be administered by the American Arbitration Association under its Consumer Arbitration Rules (“AAA Consumer Rules”), but with the following modifications to those rules:

  • Arbitration fees and costs shall be governed by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, or if you send us proof to the Notice of Dispute address above indicating that you are unable to pay the administrative fees required to initiate an arbitration, we will pay all AAA administrative fees.

  • If the total demand sought in the Dispute does not exceed $25,000, the arbitration will be presumed to be conducted solely on the basis of written submissions. However, the Arbitrator shall maintain the discretion, upon the specific request of a party, to require a face-to-face hearing in person or by video conference.

  • The parties may bring any dispositive motion or motions during the course of the proceedings.

  • The arbitrator shall make a decision in writing, which shall include the findings and conclusions on which the decision is based.

The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. A party may litigate in court to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. For such purposes, you and Dashery agree to submit to the personal and exclusive jurisdiction of the federal and New York state courts in New York, NY.

Arbitration rules and forms may be obtained from AAA at https://www.adr.org or by calling AAA at 1-800-778-7879.

D. Class Action Waiver and Express Limitations on Arbitration

THE PARTIES AGREE THAT AS TO ALL DISPUTES, EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN THEIR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If the foregoing clause is found to be unenforceable, then the entirety of this Arbitration Agreement shall be null and void.

Notwithstanding this express class action waiver, in the event that a binding arbitration proceeding involving the parties is deemed to meet the criteria of a “multiple consumer case filing,” as set forth in the AAA Consumer Arbitration Rules - Costs of Arbitration, then either party shall have the right, but not the obligation, to apply to the arbitrator to have all “multiple consumer case filings” transferred before the same arbitrator. If, and only if, such transfer occurs, any party to these transferred multiple consumer case filings may then move by written submission to the arbitrator to conduct pre-hearing activities only—such as discovery and dispositive motion practice—in a manner that will have common effect on all multiple consumer case filings. The arbitrator shall provide all affected parties an opportunity to be heard before deciding, in its own discretion, whether and to what extent to permit common pre-hearing activities in multiple consumer case filings. For the avoidance of any doubt, all arbitration hearings will proceed on an individual basis.

E. Location of the Arbitration Hearing

If the arbitration requires an in-person hearing, the hearing will take place in the county in which you reside or by video conference.

F. Enforcement of Arbitral Awards

You and Dashery agree to submit to the personal and exclusive jurisdiction of the federal and state courts in New York, NY for purposes of enforcing any arbitration award. Notwithstanding the foregoing, Dashery may seek injunctive or other equitable relief from a court of competent jurisdiction.

G. Severability

If any clause within this Arbitration Agreement (other than the Class Action Waiver clause set forth in paragraph D above) is found to be unenforceable, that clause will be severed from this Arbitration Agreement and the remainder of this Arbitration Agreement will remain in full force and effect.

16. Privacy Policy 

Users of our website should refer to our Privacy Poılicy for information about how we collect and process personal information. 

17. Legal Notices 

If any provision of these Terms is found to be invalid, unenforceable or unlawful, the full validity of the remaining provisions shall not be affected. In this case, the contracting parties shall be obliged to cooperate in the creation of provisions that achieve a legally effective result that comes as close as possible to the invalid provision.

For more information on our Help Centre (including the existing contact options), please visit this link.