Terms of Service

1. Definitions

In these Terms of Service, the following definitions apply:

• "Agreement" means these Terms of Service and all policies incorporated by reference.
• "Company," "we," "us," or "our" refers to Modapaya LLC dba Rhinely, located in Plano, Texas.
• "Designer" means a User who uses the Rhinely Designer application to create rhinestone designs.
• "Fulfillment Customer" or "Merchant" means a User who orders rhinestone transfer products through our fulfillment services.
• "User," "you," or "your" refers to any individual or entity accessing or using the Services.
• "Services" means the Rhinely website, Designer application, fulfillment services, and all related features.
• "Content" means any designs, images, text, graphics, or other materials uploaded or created through the Services.
• "Products" means rhinestone transfers and other physical goods produced through our fulfillment services.
• "Customer" means an end-consumer who purchases Products from a Merchant.
• "Site" means the Rhinely website at rhinely.com and all subdomains.

2. Acceptance of Terms

2.1 Binding Agreement

By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not agree to these Terms, you must not access or use the Services.

2.2 Modifications to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by:

• Posting the updated Terms on the Site with a new "Last Updated" date
• Sending an email notification to the address associated with your account
• Displaying a prominent notice when you log in to the Services

Your continued use of the Services after any modifications constitutes your acceptance of the revised Terms. If you do not agree to the modified Terms, you must discontinue use of the Services.

2.3 Additional Policies

The following policies are incorporated by reference into this Agreement:

• Privacy Policy
• Cookie Policy
• Acceptable Content Policy
• Intellectual Property Policy
• Returns & Refunds Policy
• Fulfillment Policy

3. Eligibility and Account Registration

3.1 Eligibility Requirements

To use the Services, you must:

• Be at least 18 years of age or the age of legal majority in your jurisdiction
• Have the legal capacity to enter into a binding contract
• Not be prohibited from using the Services under applicable laws
• Provide accurate, current, and complete registration information

3.2 Account Creation

When you create an account, you agree to:

• Provide truthful, accurate, and complete information
• Maintain and promptly update your account information
• Keep your password confidential and secure
• Notify us immediately of any unauthorized access or security breach
• Accept responsibility for all activities under your account

3.3 Account Security

You are solely responsible for maintaining the confidentiality of your account credentials. We will not be liable for any loss or damage arising from your failure to protect your account. You may be held liable for losses incurred by Rhinely or any other user due to unauthorized use of your account.

3.4 Account Types

Rhinely offers different account types with varying features and subscription levels. By selecting a subscription plan, you agree to pay the applicable fees and abide by the terms specific to that plan. Current subscription options and pricing are available on our Pricing page.

4. Description of Services

4.1 Designer Application

Rhinely provides an online design tool ("Designer") that allows Users to:

• Create rhinestone patterns and designs
• Use smart-fill technology to automatically place rhinestones
• Import images and SVG files for conversion to rhinestone patterns
• Save and manage designs in cloud storage
• Export designs in various formats (subject to subscription level)

4.2 Fulfillment Services

For approved Users, we provide fulfillment services including:

• Production of rhinestone transfers from submitted designs
• Quality control and inspection of finished products
• Packaging and shipping to you or directly to your customers (drop shipping)
• Order tracking and delivery confirmation

4.3 Service Availability

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. We do not guarantee that the Services will be uninterrupted, error-free, secure, or available at any particular time or location. We may modify, suspend, or discontinue any feature of the Services at any time without notice or liability.

5. User Content and License Grant

5.1 Your Content

You retain ownership of all Content you create or upload to the Services. However, by using the Services, you grant Rhinely a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, display, and distribute your Content solely for the purposes of:

• Providing and operating the Services
• Producing and fulfilling orders for Products
• Improving and developing the Services
• Generating anonymized data for analytics purposes

This license continues for a reasonable period after you delete your Content to allow for backup and archival purposes, except where we are required to retain it for legal reasons.

5.2 Content Representations and Warranties

By uploading Content to the Services, you represent and warrant that:

• You own or have all necessary rights, licenses, and permissions to use and authorize us to use the Content
• The Content does not infringe, misappropriate, or violate any third party's intellectual property rights, privacy rights, publicity rights, or other legal rights
• You have obtained any required consent, release, or permission from any person identifiable in the Content
• The Content complies with our Acceptable Content Policy and all applicable laws
• The Content is not false, misleading, defamatory, obscene, or otherwise unlawful

5.3 Prohibited Content

You may not upload, create, or submit Content that:

• Infringes on copyrights, trademarks, patents, or other intellectual property rights
• Contains trademarked logos, sports team names, entertainment characters, or brand names without authorization
• Promotes hate, violence, discrimination, or harassment based on protected characteristics
• Contains child exploitation or endangerment material
• Promotes terrorism, self-harm, or dangerous activities
• Is pornographic, sexually explicit, or obscene
• Is defamatory, libelous, or invades another's privacy
• Violates any applicable law, regulation, or third-party rights

We reserve the right to remove any Content that violates these Terms, without prior notice and at our sole discretion.

5.4 Content Review

We may, but are not obligated to, review Content before or after it is submitted. Our review or approval of Content does not constitute legal advice and does not guarantee that the Content does not infringe third-party rights. You remain solely responsible for your Content.

6. Intellectual Property Rights

6.1 Rhinely's Intellectual Property

The Services, including the Site, Designer application, software, algorithms, designs, graphics, text, logos, and all related intellectual property, are owned by or licensed to Modapaya LLC dba Rhinely. These materials are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

6.2 Limited License to Use Services

Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal or internal business purposes. This license does not include:

• Reselling, sublicensing, or redistributing the Services
• Modifying, copying, or creating derivative works of the Services
• Reverse engineering, decompiling, or disassembling the Services
• Using automated tools, bots, or scrapers without express permission
• Removing, altering, or obscuring any proprietary notices

6.3 Feedback

If you provide feedback, suggestions, or ideas about the Services, you grant us a perpetual, irrevocable, royalty-free license to use and incorporate such feedback without compensation or attribution to you.

7. Fulfillment Terms

7.1 Ordering Products

When you place an order for Products through our fulfillment services:

• You authorize us to charge your designated payment method for all applicable fees
• Prices are subject to change without notice
• We reserve the right to refuse or cancel any order for any reason
• You are responsible for providing accurate shipping information

7.2 Production Times

Under normal circumstances, most orders ship within 3 business days. Rush production is available for an additional $15 fee and ships the next business day for orders placed before 10:00 AM CST. Production times are estimates and not guarantees. Delays may occur due to high volume, material availability, quality issues, or other factors beyond our control.

7.3 Shipping

• Shipping is provided via USPS, UPS, or FedEx
• Shipping times and costs are determined at checkout based on destination
• Risk of loss and title transfer to you upon delivery to the carrier
• International shipping is available for approved accounts only
• Customer is responsible for import duties, taxes, and customs fees

7.4 Order Cancellation

Orders may only be cancelled if they have not yet been sent to production. Once an order enters production, it cannot be cancelled regardless of when the request is made. Cancellation requests must be submitted immediately to contact@rhinely.com.

8. Limited Warranty on Products

8.1 Limited Product Warranty

Rhinely warrants that Products will be free from material defects and damage at the time of delivery to you or your Customer (the "Limited Warranty"). This Limited Warranty period is thirty (30) days from the delivery date.

8.2 Warranty Remedies

If we determine that a Product is materially defective or was damaged during production or shipping, we may, at our sole discretion:

• Replace the defective or damaged Product
• Refund the purchase price of the Product (excluding shipping)

These remedies are your sole and exclusive remedies and Rhinely's entire liability for breach of this Limited Warranty.

8.3 Warranty Claim Requirements

To make a warranty claim, you must:

• Report the issue within 3 business days of delivery
• Email contact@rhinely.com with your order number
• Provide clear photographs showing the defect or damage
• Include a description of the problem

Claims submitted after 3 business days will not be honored.

8.4 Warranty Exclusions

This Limited Warranty does NOT cover:

• Products damaged due to improper application, handling, or storage
• Products damaged after application to garments or other materials
• Normal wear and tear, washing, or weathering after application
• Damage caused by the carrier after shipment
• Slight variations in color, size, or placement inherent to handmade products
• Design errors or issues with User-submitted Content
• Changes in preference or buyer's remorse
• Products delivered to an incorrect address provided by User

9. Payments and Fees

9.1 Pricing

All prices are displayed in US Dollars unless otherwise stated. Prices for Products, shipping, and subscription plans are subject to change without notice. The price in effect at the time of order placement will apply.

9.2 Payment Methods

We accept payment via major credit cards (Visa, MasterCard, American Express, Discover), debit cards, and PayPal. All payments are processed securely through our third-party payment processors.

9.3 Subscription Billing

If you subscribe to a paid plan:

• You authorize recurring charges to your payment method
• Subscriptions auto-renew at the end of each billing period
• You may cancel at any time; cancellation is effective at end of billing period
• No refunds for partial billing periods
• Failed payments may result in service suspension

9.4 Taxes

You are responsible for all applicable taxes. We may collect and remit sales tax where required by law.

10. Returns, Refunds, and No Refund Policy

DUE TO THE CUSTOM, MADE-TO-ORDER NATURE OF OUR PRODUCTS, ALL SALES ARE FINAL. WE DO NOT ACCEPT RETURNS OR PROVIDE REFUNDS EXCEPT AS EXPRESSLY PROVIDED IN THE LIMITED WARRANTY (SECTION 8).

This policy applies to:

• All rhinestone transfer products
• All custom printed items
• Digital products and design exports
• Subscription fees (no partial refunds)

11. Disclaimer of Warranties

EXCEPT FOR THE LIMITED WARRANTY ON PRODUCTS SET FORTH IN SECTION 8, THE SERVICES AND ALL CONTENT, PRODUCTS, AND MATERIALS PROVIDED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY LAW, RHINELY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES of merchantability, fitness for a particular purpose, title, and non-infringement
• WARRANTIES that the Services will be uninterrupted, secure, error-free, or virus-free
• WARRANTIES as to the accuracy, reliability, or completeness of any information
• WARRANTIES regarding User Content or third-party content
• WARRANTIES that defects will be corrected

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. In such cases, warranties are limited to the shortest period permitted by law.

12. Disclaimer of Liability for Designer Application

THE RHINELY DESIGNER APPLICATION IS PROVIDED "AS IS" WITHOUT ANY GUARANTEES OR WARRANTIES.

12.1 No Liability for Data Loss

Rhinely is NOT LIABLE for any loss, corruption, or inability to access your designs, projects, files, or any other data. This includes:

• Designs that fail to save or are lost due to errors
• Data loss due to browser crashes, tab closures, or session timeouts
• Loss of data due to user error or accidental deletion
• Server downtime, outages, or maintenance
• Database failures or synchronization issues

YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING BACKUPS OF YOUR IMPORTANT DESIGNS.

12.2 No Liability for Technical Issues

Rhinely is NOT LIABLE for issues arising from:

• Internet connectivity, ISP, or network problems
• Hardware malfunctions, power outages, or device issues
• Browser incompatibility, crashes, or extensions that interfere with functionality
• Third-party software conflicts (antivirus, firewalls, ad blockers)
• Operating system issues or updates
• Any other technical issues beyond our reasonable control

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• RHINELY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES
• THIS INCLUDES, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES
• THIS APPLIES REGARDLESS OF WHETHER WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
• THIS APPLIES TO ANY THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE)

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF:

• The amounts paid by you to Rhinely in the 12 months preceding the claim, OR
• One Hundred US Dollars ($100.00)

The limitations in this section apply to the fullest extent permitted by law in the applicable jurisdiction. Some jurisdictions do not allow limitations on implied warranties or exclusion of certain damages, so these limitations may not apply to you.

14. Indemnification

You agree to defend, indemnify, and hold harmless Modapaya LLC dba Rhinely, its officers, directors, employees, agents, licensors, and service providers from and against any claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your access to or use of the Services
• Your violation of this Agreement
• Your Content, including any claims that your Content infringes intellectual property or other rights of third parties
• Your violation of any applicable law or third-party rights
• For Merchants: any claims by your Customers regarding Products, including product liability, misrepresentation, or personal injury claims
• Any disputes between you and your Customers
• Any taxes or duties for which you are responsible

This indemnification obligation will survive termination of this Agreement and your use of the Services.

15. Dispute Resolution and Arbitration

15.1 Informal Resolution

Before initiating any formal dispute resolution, you agree to contact us at contact@rhinely.com to attempt to resolve the dispute informally. We will try to resolve the dispute within 30 days.

15.2 Binding Arbitration

IF INFORMAL RESOLUTION IS UNSUCCESSFUL, ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES SHALL BE RESOLVED BY BINDING ARBITRATION, rather than in court, except that you may assert claims in small claims court if your claims qualify.

• Arbitration shall be conducted by the American Arbitration Association (AAA) under its Commercial Arbitration Rules
• Arbitration shall take place in Dallas County, Texas, or via telephone/video if agreed
• The arbitrator's decision shall be final and binding
• Judgment on the arbitration award may be entered in any court of competent jurisdiction

15.3 Class Action Waiver

YOU AGREE THAT DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY. YOU WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR ANY CONSOLIDATED, REPRESENTATIVE, OR COLLECTIVE PROCEEDING.

The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of class or representative proceeding.

15.4 Jury Trial Waiver

YOU HEREBY WAIVE ANY RIGHT TO A JURY TRIAL IN CONNECTION WITH ANY CLAIM OR DISPUTE ARISING UNDER THIS AGREEMENT.

15.5 Exceptions

Either party may bring claims for infringement or misappropriation of intellectual property rights in any court of competent jurisdiction without first engaging in arbitration.

16. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, United States, without regard to its conflict of law principles. Any claims not subject to arbitration shall be brought in the state or federal courts located in Dallas County, Texas, and you consent to the exclusive jurisdiction of those courts.

17. Termination

17.1 Termination by You

You may terminate your account at any time by contacting us at contact@rhinely.com. Upon termination, your right to use the Services will immediately cease.

17.2 Termination by Rhinely

We may suspend or terminate your access to the Services immediately, without prior notice or liability, for any reason, including:

• Violation of this Agreement or any incorporated policy
• Conduct that we believe may harm Rhinely, other Users, or third parties
• Non-payment of fees owed
• Suspected fraudulent, abusive, or illegal activity
• Upon request by law enforcement or government agencies

17.3 Effect of Termination

Upon termination:

• All licenses granted to you under this Agreement terminate
• You must cease all use of the Services
• We may delete your account and Content after a reasonable period
• Pending fulfillment orders will be completed or refunded at our discretion
• Outstanding payment obligations remain due

The following sections survive termination: Definitions, Your Content, Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Indemnification, Dispute Resolution, Governing Law, and General Provisions.

18. General Provisions

18.1 Entire Agreement

This Agreement, together with all incorporated policies, constitutes the entire agreement between you and Rhinely regarding the Services and supersedes all prior agreements, understandings, and communications.

18.2 Severability

If any provision of this Agreement is held invalid, illegal, 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.

18.3 Waiver

Our failure to enforce any right or provision of this Agreement shall not constitute a waiver of that right or provision. Any waiver must be in writing and signed by Rhinely.

18.4 Assignment

You may not assign or transfer this Agreement or your rights without our prior written consent. We may assign this Agreement without restriction. This Agreement binds and benefits the parties and their successors and permitted assigns.

18.5 Force Majeure

We shall not be liable for any failure or delay in performing our obligations due to circumstances beyond our reasonable control, including natural disasters, acts of war or terrorism, pandemics, government actions, labor disputes, utility failures, or internet outages.

18.6 Electronic Communications

By using the Services, you consent to receive electronic communications from us. You agree that all agreements, notices, and communications we provide electronically satisfy any legal requirement that such communications be in writing.

18.7 No Third-Party Beneficiaries

This Agreement does not create any third-party beneficiary rights except as expressly provided.

18.8 Headings

Section headings are for convenience only and do not affect the interpretation of this Agreement.

19. Contact Information

For questions about these Terms of Service, please contact us at:

Modapaya LLC dba Rhinely
Email: contact@rhinely.com
Location: Plano, Texas, USA