Terms of service

OVERVIEW

Welcome to TERV.

The terms “TERV,” “we,” “us,” and “our” refer to CAD-E Solutions LLC, doing business as TERV.

TERV operates this store and website, including all related information, content, features, tools, products, and services in order to provide you, the customer, with a curated shopping experience (the “Services”). TERV is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service, together with any policies referenced herein, describe your rights and responsibilities when you access or use the Services.

Please read these Terms carefully. They contain important information regarding your legal rights, including warranty disclaimers and limitations of liability.

By visiting, interacting with, purchasing from, or otherwise using the Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms or our Privacy Policy, you should not use the Services.

SECTION 1 – ACCESS AND ACCOUNT

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you have given consent for any minor dependents under your supervision to use the Services.

When using the Services, you may be asked to provide information including your name, email address, billing information, payment information, shipping address, and customization information.

You represent that all information you provide is accurate, current, and complete and that you have the authority and rights necessary to provide that information.

You are responsible for maintaining the confidentiality and security of your account credentials and for activity conducted through your account. You may not transfer, sell, assign, or license your account to another person.

SECTION 2 – OUR PRODUCTS

We make reasonable efforts to accurately display and describe our products. However, colors, textures, dimensions, surface finish, and other visual characteristics may appear differently depending on your screen, lighting, photography, materials, and manufacturing process.

Many TERV products are individually produced using additive manufacturing, 3D printing, hand assembly, finishing, or other small-batch manufacturing methods. As a result, minor variations may occur between products.

These variations may include, but are not limited to:

  • Layer lines or other characteristics inherent to 3D printing

  • Minor surface marks or texture differences

  • Slight color variation between material batches

  • Small dimensional variations within normal manufacturing tolerances

  • Minor differences between digital renders, photographs, prototypes, and finished products

Reasonable manufacturing variations that do not materially affect the intended function or overall appearance of the product are not considered defects.

We reserve the right to change product specifications, materials, colors, packaging, designs, or availability without notice when reasonably necessary.

We may discontinue products or limit quantities available to any person, geographic area, or jurisdiction.

SECTION 3 – CUSTOM, PERSONALIZED & MADE-TO-ORDER PRODUCTS

Many TERV products may be customized or manufactured specifically for an individual customer.

Customers are responsible for providing complete and accurate customization information, including names, spelling, numbers, dimensions, colors, photographs, logos, artwork, team names, organization information, and other requested specifications.

TERV is not responsible for errors resulting from information that was incorrectly provided or approved by the customer.

Design Proofs and Approvals

For certain custom orders, TERV may provide a digital proof, rendering, sample, or other design representation before production.

If a proof is provided, the customer is responsible for carefully reviewing all details before approval.

Customer approval authorizes TERV to begin production based on the approved design. Once production begins, changes may not be possible and additional charges may apply if changes require redesign, reprinting, replacement materials, or additional production.

Digital proofs and renders are intended to communicate the design concept and may not perfectly reproduce the appearance of the final manufactured product.

Custom Order Cancellations

Custom and personalized orders may begin production shortly after purchase.

Cancellation requests must comply with our Return and Refund Policy. Once customization, design work, material preparation, or production has begun, TERV may be unable to cancel or refund the order.

SECTION 4 – CUSTOMER-PROVIDED CONTENT & INTELLECTUAL PROPERTY

You may provide TERV with photographs, names, artwork, logos, trademarks, graphics, designs, text, or other materials for use in creating a custom product (“Customer Content”).

By providing Customer Content to TERV, you represent and warrant that:

  1. You own the Customer Content or have obtained all permissions, licenses, consents, and rights necessary for TERV to use it for your requested product;

  2. TERV's use of the Customer Content as instructed by you will not infringe or violate the copyright, trademark, privacy, publicity, contractual, or other rights of any third party; and

  3. You are authorized to request the reproduction or use of the Customer Content.

You grant TERV a limited, non-exclusive license to reproduce, modify, format, resize, print, manufacture, and otherwise use the Customer Content solely as reasonably necessary to design, produce, fulfill, and support your order.

TERV reserves the right to refuse or cancel any custom request that we reasonably believe may violate intellectual-property rights, applicable law, Shopify policies, or our own business standards.

You are responsible for claims arising from Customer Content that you supplied or directed TERV to use, subject to applicable law.

SECTION 5 – ORDERS

When you submit an order, you are making an offer to purchase.

TERV reserves the right to accept, decline, limit, or cancel an order where reasonably necessary, including for suspected fraud, pricing errors, unavailable materials, production limitations, intellectual-property concerns, or other legitimate business reasons.

An order is not considered accepted until payment has been successfully processed and the order has been accepted for fulfillment.

Please review your order carefully before submitting it. Customized orders may become non-cancellable after design work or production begins.

If we cancel or materially modify an order, we will attempt to notify you using the contact information provided at checkout.

Purchases are subject to our Return and Refund Policy.

SECTION 6 – PRICES AND BILLING

Prices, discounts, offers, and promotions are subject to change without notice.

The price charged will generally be the price displayed when your order is submitted, subject to correction of obvious pricing, typographical, or system errors.

Unless otherwise stated, product prices do not include applicable taxes, shipping charges, customs duties, or other governmental charges.

You agree to provide complete and accurate billing, payment, and account information.

You represent that:

  1. The payment information you provide is accurate;

  2. You are authorized to use the payment method;

  3. Charges incurred through your payment method will be honored; and

  4. You are responsible for applicable product, shipping, and tax charges associated with your order.

SECTION 7 – SHIPPING AND DELIVERY

Production and fulfillment times are separate from carrier transit times.

Any processing, production, fulfillment, or delivery dates displayed by TERV or Shopify are estimates unless expressly stated otherwise.

TERV is not responsible for delays caused by shipping carriers, weather, natural disasters, incorrect customer address information, service interruptions, customs processing, or other events outside our reasonable control.

Customers are responsible for entering an accurate and complete shipping address.

If an order is returned to TERV because of an incorrect or incomplete address supplied by the customer, additional shipping charges may apply before the order is resent.

For damaged, missing, or incorrect shipments, please contact us as described in our Return and Refund Policy so that we can evaluate the issue and assist with an appropriate resolution.

SECTION 8 – OUR INTELLECTUAL PROPERTY

The Services, including TERV branding, original product designs, website content, graphics, photographs, text, videos, layouts, and other materials created by or for TERV, may be protected by copyright, trademark, patent, trade dress, and other intellectual-property laws.

Except as expressly permitted, you may not reproduce, distribute, modify, sell, commercially exploit, reverse engineer, republish, display, or create derivative works from TERV-owned materials without prior written permission.

TERV's name, logos, product names, designs, and slogans may be trademarks or other proprietary assets of TERV or CAD-E Solutions LLC.

Nothing in these Terms transfers ownership of TERV intellectual property to you.

Ownership of Customer Content remains with the applicable customer or third-party rights holder.

SECTION 9 – OPTIONAL TOOLS

We may provide access to tools or services operated by third parties.

We do not control or monitor all third-party tools and provide access to them on an “as is” and “as available” basis.

Your use of third-party tools is at your own discretion and may also be subject to the third party's terms and policies.

We may introduce additional tools, features, or resources in the future, and those features will also form part of the Services.

SECTION 10 – THIRD-PARTY LINKS

The Services may contain links, integrations, materials, or functionality provided by third parties.

TERV is not responsible for evaluating or guaranteeing the accuracy, safety, quality, or practices of third-party websites or services.

If you leave the Services and interact with a third party, you do so at your own risk and should review that party's applicable terms and privacy practices.

SECTION 11 – RELATIONSHIP WITH SHOPIFY

TERV is powered by Shopify, which enables us to provide the Services to you.

However, purchases made through our Store are transactions directly between you and TERV.

By using the Services, you acknowledge that Shopify is not the seller of TERV products and is not responsible for the products purchased from TERV or for claims arising from those products or transactions, except to the extent required by applicable law.

SECTION 12 – PRIVACY POLICY

Personal information collected through the Services is handled in accordance with our Privacy Policy.

Because the Services are hosted by Shopify, Shopify may also collect and process information necessary to operate and improve the ecommerce platform.

Information submitted through the Services may be transmitted to Shopify and other service providers involved in processing payments, fulfilling orders, preventing fraud, providing analytics, marketing, and operating the Store.

Please review our Privacy Policy and Shopify's applicable privacy notices for additional information.

SECTION 13 – FEEDBACK

If you voluntarily submit reviews, suggestions, ideas, comments, photographs, testimonials, or other feedback regarding TERV or our Services (“Feedback”), you grant TERV a non-exclusive, worldwide, royalty-free license to use, reproduce, publish, display, adapt, and distribute that Feedback for legitimate business purposes, including improving and promoting TERV.

You represent that you have the right to provide the Feedback and that it does not unlawfully violate another person's rights.

We are not obligated to compensate you for Feedback unless we have separately agreed to do so in writing.

SECTION 14 – ERRORS, INACCURACIES AND OMISSIONS

From time to time, information on the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, availability, promotions, shipping charges, fulfillment estimates, or other information.

We reserve the right to correct such errors and update information where reasonably necessary.

If a material pricing or product-information error affects an order, we may contact you to provide the option to proceed under the corrected terms or cancel the affected order and issue an appropriate refund.

SECTION 15 – PROHIBITED USES

You may use the Services only for lawful purposes.

You may not use the Services to:

  • Violate applicable laws or regulations;

  • Infringe intellectual-property, privacy, publicity, or other rights;

  • Submit fraudulent, deceptive, abusive, threatening, defamatory, or unlawful material;

  • Introduce malicious software or interfere with the security or operation of the Services;

  • Misrepresent your identity;

  • Collect personal information about others unlawfully;

  • Circumvent technical restrictions or security measures; or

  • Use the Services in a manner that materially interferes with another person's use of the Services.

We reserve the right to restrict or terminate access to the Services for violations of these Terms.

SECTION 16 – AUTOMATED AGENTS

If automated or semi-automated software accesses the Services, it must comply with applicable Shopify requirements, technical controls, and restrictions.

Automated systems may not conceal their automated nature, circumvent CAPTCHAs or security controls, scrape the Services contrary to applicable restrictions, or interfere with normal Store operation.

We may restrict automated access where reasonably necessary to protect the Store, customers, our intellectual property, or the Services.

SECTION 17 – TERMINATION

We may suspend or terminate access to the Services where reasonably necessary, including for violations of these Terms, fraudulent activity, misuse, or security concerns.

Termination does not eliminate payment obligations or other responsibilities that arose before termination.

Provisions that by their nature should survive termination—including intellectual-property provisions, limitations of liability, indemnification, and governing-law provisions—will continue to apply.

SECTION 18 – DISCLAIMER OF WARRANTIES

To the fullest extent permitted by applicable law, the Services and products are provided subject to the warranties, representations, and consumer protections that cannot lawfully be excluded.

Except for those rights and any express commitments made by TERV, the Services are provided on an “as is” and “as available” basis.

We do not guarantee that the website will always be uninterrupted, secure, or error-free.

Nothing in these Terms is intended to eliminate rights or warranties that cannot legally be waived.

SECTION 19 – LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, TERV, CAD-E Solutions LLC, and their respective owners, employees, contractors, service providers, and affiliates will not be liable for indirect, incidental, special, punitive, exemplary, or consequential damages arising from use of the Services or products.

This limitation does not apply where liability cannot legally be limited or excluded.

Nothing in these Terms limits any rights or remedies available to consumers under applicable law.

SECTION 20 – INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify and hold harmless TERV, CAD-E Solutions LLC, Shopify, and their respective affiliates, officers, owners, employees, contractors, licensors, and service providers from third-party claims arising from:

  1. Your material breach of these Terms;

  2. Your unlawful use of the Services;

  3. Your violation of another person's legal rights; or

  4. Customer Content you supplied or directed TERV to reproduce where you lacked the rights necessary to do so.

SECTION 21 – SEVERABILITY

If any provision of these Terms is determined to be invalid, unlawful, or unenforceable, that provision will be enforced to the maximum extent permitted by law or severed where necessary.

The remaining provisions will continue in full force and effect.

SECTION 22 – WAIVER; ENTIRE AGREEMENT

Failure to enforce any provision of these Terms does not constitute a waiver of that provision.

These Terms, together with policies incorporated by reference, constitute the agreement governing your use of the Services and supersede prior communications concerning the same subject matter.

SECTION 23 – ASSIGNMENT

You may not assign or transfer your rights or obligations under these Terms without our prior written consent.

TERV may assign or transfer its rights and obligations as part of a merger, reorganization, sale, restructuring, or other legitimate business transaction, subject to applicable law.

SECTION 24 – GOVERNING LAW

These Terms and your use of the Services are governed by the laws of the State of Minnesota, without regard to conflict-of-law principles, except where applicable consumer law requires otherwise.

Any dispute subject to court proceedings will be brought in a court of competent jurisdiction in Minnesota, unless applicable law provides you with the right to bring the matter elsewhere.

SECTION 25 – HEADINGS

Headings are provided for convenience only and do not alter the meaning or interpretation of these Terms.

SECTION 26 – CHANGES TO THESE TERMS

We may update these Terms from time to time.

The current version will be posted on this page.

Where required by applicable law, we will provide appropriate notice of material changes.

Continued use of the Services after revised Terms become effective constitutes acceptance of the revised Terms to the extent permitted by law.

SECTION 27 – CONTACT INFORMATION

Questions regarding these Terms of Service may be sent to:

TERV
Operated by CAD-E Solutions LLC
Email: contact@cadesol.com
Oakdale, Minnesota, United States