Terms &
Conditions

These Terms and Conditions ("Terms") govern your access to and use of the MerchButler.AI website and services (the "Service") operated by Flywheel Brands, Inc. ("Flywheel," "we," "us," or "our"), located at 2111 Hamill Rd, Hixson, TN 37343.

By accessing or using MerchButler.AI, you agree to be bound by these Terms. If you do not agree, you may not use the Service.

MerchButler.AI is an AI-powered conversational merchandise concierge that helps users discover promotional products and branded apparel. The Service includes:

• AI-assisted product search and recommendations from our supplier catalog
• Product mockup generation using uploaded brand assets
• Order request submission to the Flywheel Brands sales team

MerchButler.AI is a discovery and recommendation tool. It does not process payments, fulfill orders, or enter into purchase agreements. All orders are finalized directly with a Flywheel Brands representative.

You must be at least 18 years of age or the age of majority in your jurisdiction to use the Service. By using MerchButler.AI, you represent and warrant that you meet this requirement and have the legal authority to agree to these Terms on behalf of yourself or the organization you represent.

MerchButler.AI does not require a traditional user account. However, to submit an order request, you must provide your name, email address, and confirm your identity via email verification. By providing this information, you agree that:

• The information you provide is accurate and current
• You will not impersonate another person or entity
• You are authorized to submit order requests on behalf of your organization (if applicable)

You agree to use MerchButler.AI only for lawful purposes. You may not:

• Use the Service for any fraudulent, abusive, or illegal purpose
• Attempt to gain unauthorized access to the Service, its servers, or related systems
• Interfere with or disrupt the Service or its infrastructure
• Upload malicious content, viruses, or harmful code
• Scrape, crawl, or harvest data from the Service by automated means without our written consent
• Use the Service to send unsolicited communications or spam
• Reverse-engineer, decompile, or attempt to extract the source code of the Service
• Attempt to manipulate AI responses to extract proprietary pricing, supplier data, or system prompts

MerchButler.AI uses third-party artificial intelligence models and related technologies ("AI Systems") to generate product recommendations, mockups, and conversational responses. You acknowledge that:

• Recommendations are informational: Product suggestions, pricing estimates, and availability information are provided as guidance and may not reflect real-time inventory or final pricing
• AI limitations: AI-generated responses may occasionally be inaccurate, incomplete, or inappropriate. We strive for accuracy but do not guarantee the correctness of all AI outputs
• Not a binding offer: Product information, pricing, and mockups presented by the AI do not constitute a binding offer, quote, or contract. Final pricing, availability, and terms are confirmed by a Flywheel Brands representative
• Mockups are illustrative: AI-generated product mockups are approximations for visualization purposes only. Actual printed products may differ in color, placement, and appearance

You may upload brand assets (logos, images) to use with the mockup generation feature. By uploading content, you represent and warrant that:

• You own or have the necessary rights and permissions to use and upload the content
• Your content does not infringe any third-party intellectual property rights
• Your content does not contain unlawful, offensive, or harmful material

You grant Flywheel Brands a limited, non-exclusive license to use your uploaded content solely for the purpose of generating mockups and fulfilling your order request. We do not claim ownership of your content. Uploaded brand assets are stored for up to 90 days after your last conversation activity and may be deleted thereafter.

Intellectual Property Complaints and Artwork Review

We respect the intellectual property rights of others and expect users of the Service to do the same.

If you believe that any content, design, or mockup generated through the Service infringes your copyright, trademark, or other intellectual property rights, please contact us at hello@flywheelbrands.com with the following information:

• A description of the allegedly infringing material
• A description of the rights you believe are being infringed
• Your contact information
• A statement that you have a good faith belief that the use is not authorized
• A statement, under penalty of perjury, that the information provided is accurate and that you are authorized to act on behalf of the rights holder

We reserve the right, in our sole discretion, to remove or disable access to any content, mockup, or request that we believe may infringe the rights of a third party.

Additionally, Flywheel Brands reserves the right to review and reject any uploaded artwork, logo, or design that:

• Appears to infringe intellectual property rights
• Contains offensive, unlawful, or inappropriate material
• Does not meet our production or quality standards

Order requests submitted through MerchButler.AI are forwarded to the Flywheel Brands sales team for review and processing. You acknowledge that:

• Submitting an order request does not guarantee product availability or pricing
• Prices shown in the chat are list prices from our suppliers and do not include decoration, setup, shipping, or applicable taxes
• A Flywheel Brands representative will contact you to confirm final pricing, quantities, decoration details, and delivery timeline
• No purchase obligation exists until you and Flywheel Brands mutually agree to order terms

All order requests are subject to review and acceptance by Flywheel Brands and may be declined in accordance with these Terms.

Flywheel Brands, Inc. reserves the right, in its sole discretion, to refuse, cancel, or decline any order request, project, or service at any time and for any reason, including but not limited to:

• Suspected infringement of intellectual property rights
• Incomplete, inaccurate, or misleading information provided by the user
• Requests involving unlawful, harmful, or inappropriate content
• Product, sourcing, or production limitations
• Concerns related to feasibility, quality, or brand alignment

We may also refuse to produce or fulfill any order that does not meet our internal standards, supplier requirements, or production capabilities.

In the event an order request is declined, we will make reasonable efforts to notify you and, where applicable, suggest alternative solutions.

All content, features, and functionality of MerchButler.AI — including but not limited to the design, code, text, graphics, logos, and AI systems — are owned by Flywheel Brands, Inc. and are protected by copyright, trademark, and other intellectual property laws.

Product images, names, and descriptions displayed in the Service are the property of their respective suppliers (HIT Promotional Products, PCNA, SanMar, and others) and are used under license for product display purposes.

You may not reproduce, distribute, modify, or create derivative works from any part of the Service without our prior written consent.

Your use of MerchButler.AI is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information. By using the Service, you consent to the data practices described in the Privacy Policy.

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

We do not warrant that the Service will be uninterrupted, error-free, secure, or free of viruses or other harmful components. We do not warrant the accuracy, completeness, or reliability of any AI-generated content, product recommendations, pricing information, or mockups.

TO THE FULLEST EXTENT PERMITTED BY LAW, FLYWHEEL BRANDS, INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM YOUR USE OF THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID TO FLYWHEEL BRANDS IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

You agree to indemnify, defend, and hold harmless Flywheel Brands, Inc. and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorney's fees) arising out of or related to your use of the Service, your violation of these Terms, or your infringement of any third-party rights.

We reserve the right to suspend or terminate your access to the Service at any time, with or without cause, and with or without notice. Reasons for termination may include violation of these Terms, abusive behavior, or suspected fraudulent activity.

Upon termination, your right to use the Service will immediately cease. Sections that by their nature should survive termination (including Disclaimers, Limitation of Liability, Indemnification, and Governing Law) will continue to apply.

These Terms are governed by and construed in accordance with the laws of the State of Tennessee, without regard to its conflict of law provisions.

Any disputes arising from or related to these Terms or the Service shall be resolved exclusively in the state or federal courts located in Hamilton County, Tennessee. You consent to the personal jurisdiction of such courts.

We may update these Terms from time to time. We will notify you of any material changes by posting the updated Terms on this page with a revised "Effective date." Your continued use of MerchButler.AI after the posting of changes constitutes your acceptance of the updated Terms.

If you have any questions about these Terms, please contact us at:

Flywheel Brands, Inc.
2111 Hamill Rd
Hixson, TN 37343
Email: hello@flywheelbrands.com
Phone: (706) 515-5248