Effective Date: November 16, 2025
Last Updated: November 16, 2025
These Terms of Use ("Terms") govern access to and use of the Brandmerch platform, website, applications, software, services, fulfillment operations, warehousing, merchandise procurement tools, and related offerings (collectively, the "Services"). The Services are operated by Merchacha LLC, d/b/a Brandmerch, a limited liability company organized under the laws of the State of Ohio ("Brandmerch," "we," "our," or "us").
By accessing, creating an account on, or otherwise using the Services, you agree to be bound by these Terms, including all incorporated policies and addendums. If you do not agree, do not use the Services.
These Terms form a legally binding contract between you and Brandmerch.
The Services are intended exclusively for business, corporate, organizational, and institutional use. By using the Services, you represent and warrant that you are acting on behalf of a business entity and have authority to bind that entity to these Terms.
Account creation is restricted to registered users with eligible company-domain email addresses. Personal email domains (e.g., Gmail, Yahoo, Outlook) are expressly prohibited.
Brandmerch uses magic-link, single-use authentication. You agree that:
Your organization may include various user roles, including Buyers, Managers, Company Admins, and Brandmerch Super Admins. Each role may have different permissions. You agree that:
You must provide accurate and complete information. Brandmerch may suspend or terminate accounts for false, incomplete, misleading, or invalid information.
Subject to these Terms, Brandmerch grants you a non-exclusive, non-transferable, revocable license to use the Services for internal business purposes.
You may not:
Brandmerch may modify, update, discontinue, or restrict features at its sole discretion and without liability.
The Services may integrate with third parties (e.g., payment processors, suppliers, shipping providers). Use of those services is subject to third-party terms, and Brandmerch is not responsible for those services or their actions.
Brandmerch aggregates supplier and vendor data (including pricing, inventory, SKUs, images, and descriptions). You acknowledge that:
You may upload graphic files (e.g., SVG, PNG, AI, PDF). By uploading, you represent and warrant that:
You grant Brandmerch a non-exclusive, royalty-free, sublicensable license to use your artwork solely to provide the Services.
Adding products to Collections or generating ready-to-order configurations does not guarantee price, availability, or production timelines.
Orders submitted via the platform constitute binding purchase requests. Brandmerch may reject or cancel orders for any reason, including supplier unavailability, pricing errors, fraud checks, or operational issues.
Brandmerch may assign unique reorder numbers to product-artwork combinations. These identifiers are for internal tracking and do not guarantee future pricing or availability.
Accepted methods may include:
By submitting payment credentials, you authorize Brandmerch and its payment processors to charge all amounts associated with orders, fees, and add-on services.
For orders requiring admin review (custom orders, print orders), your payment method will be charged upon order approval, typically within 24-48 hours of submission.
Order Modifications: Due to the custom nature of our products, changes may occur during production (e.g., out-of-stock items, print adjustments, quality upgrades). You authorize Brandmerch to charge your saved payment method for any approved changes or substitutions necessary to fulfill your order.
Manufacturing Defects: While we do not offer refunds due to the custom nature of our products, we will reprint or replace items with manufacturing or printing defects exceeding 5% of the order total at no additional charge.
Brandmerch may suspend access for chargebacks, declined payments, or overdue balances. Collections activities may be pursued where permitted by law.
Brandmerch may place orders on your behalf with suppliers, decorators, or shipping providers. You authorize Brandmerch to issue POs using your company information.
Brandmerch may allow organizations to purchase or receive account credits ("Credits") that may be used to pay for products, services, subscriptions, fees, shipping, taxes, or other charges offered through the Services.
Credits are:
Unused Credits do not accrue interest and have no cash value unless withdrawn in accordance with Section 5.5.
Brandmerch may allow organizations to create internal or external storefronts as part of the Services. Storefronts function as ordering, allocation, and distribution tools and do not constitute independent ecommerce stores operated by individual users.
All purchases made through storefronts are funded by the organization's Brandmerch account, including prepaid Credits or other approved payment methods. Individual users, employees, or invitees do not act as sellers, merchants, or resellers.
Organizations may configure storefront pricing that results in the creation of additional Credits ("Margin Credits") based on storefront activity.
Margin Credits:
Brandmerch reserves the right to modify, cap, restrict, or revoke Margin Credit functionality at its discretion.
Sales tax is assessed only at the time taxable physical goods are fulfilled, based on the applicable shipping destination and governing law.
The purchase, issuance, movement, or holding of Credits — including purchased Credits and Margin Credits — is not subject to sales tax.
Brandmerch acts as the merchant of record and is responsible for collecting and remitting applicable sales tax. The organization is responsible for payment of such taxes, which may be deducted from available Credits or charged to an approved payment method.
Credits purchased directly from Brandmerch are not eligible for withdrawal.
Only Credits earned through approved storefront activity may be eligible for withdrawal, subject to:
Withdrawn amounts may be subject to income tax reporting. Brandmerch does not withhold taxes on withdrawals unless required by law. No sales tax applies to withdrawals.
Brandmerch may suspend or deny withdrawals in cases of fraud, abuse, policy violations, or legal or regulatory requirements.
Your organization may select subscription tiers, add-ons, or seat-based pricing. Fees are listed at the time of signup or upgrade.
Subscriptions renew automatically unless cancelled in accordance with cancellation procedures.
Except where required by law, all fees are non-refundable.
Brandmerch provides optional warehousing, storage, pick/pack, shipping, receiving, and related services. These activities are governed by the Warehousing & Fulfillment Addendum, incorporated by reference into these Terms.
All users agree to that Addendum by using the Services.
Title and risk of loss pass to you when items are delivered to the carrier.
Brandmerch is not responsible for delays caused by carriers, customs, suppliers, labor shortages, weather, or other events outside our control.
Your use of the Services is governed by the Brandmerch Privacy Policy and the Brandmerch Data Processing Agreement ("DPA"), both incorporated herein by reference.
You authorize Brandmerch to transfer, store, and process data in the United States and in any other country where Brandmerch or its subprocessors operate.
The Services, software, documentation, designs, interfaces, trademarks, content, and all underlying technology remain the sole property of Brandmerch or its licensors.
Nothing grants you intellectual property rights except as expressly provided.
You may stop using the Services at any time. Subscription fees already paid are non-refundable.
Brandmerch may suspend or terminate accounts immediately for:
Upon termination:
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.
BRANDMERCH EXPRESSLY DISCLAIMS ALL WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY.
BRANDMERCH DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
(a) BRANDMERCH SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
(b) BRANDMERCH'S TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO BRANDMERCH IN THE SIX (6) MONTHS PRECEDING THE CLAIM.
Some jurisdictions may not allow certain exclusions; these limitations apply to the fullest extent permitted.
You agree to defend, indemnify, and hold harmless Brandmerch from claims arising out of:
These Terms are governed by the laws of the State of Ohio and applicable U.S. federal law.
Any dispute shall be resolved by binding arbitration administered by the American Arbitration Association (AAA). You waive the right to litigate in court or have a jury trial.
Disputes may only be brought on an individual basis. Class actions, class arbitrations, collective proceedings, and representative actions are expressly prohibited.
For users located outside the United States:
Brandmerch may revise these Terms at any time. Updated versions will be posted publicly and become effective upon posting. Continued use constitutes acceptance.
Brittny Roller
Brandmerch – Mailbox #46
3915 Beryl Rd, Ste 120
Raleigh, NC 27607
USA
Email: support@brandmerch.com