Terms and Services

Welcome to One of One. The terms “We/ Us/ Our” individually and collectively refer to MCD Pvt. Ltd. and the terms “you/ user/ visitor” refers to users of this website. This page states the Terms and Conditions under which you may visit this website (“Website”). Please read this page carefully. If you do not accept the Terms and Conditions stated here, we would request you to exit this site. The business, any of its business divisions and / or its subsidiaries, associate companies or subsidiaries to subsidiaries or such other investment companies (in India or abroad) reserve their respective rights to revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to re-appraise yourself of the Terms and Conditions, because they are binding on all users of this Website.

1. AI Image Generation and User-Provided Content

AI Image Generation: We employ advanced artificial intelligence (AI) algorithms to generate unique and personalized t-shirt designs based on the prompts and inputs provided by users. The AI system analyzes the user-provided content, such as text, images, or keywords, to create a variety of design options for the user to choose from. While we continuously work to enhance the AI's capabilities, it's essential to understand that AI-generated images are created through complex mathematical models and may have certain limitations. As such, the output may vary in style, quality, and creativity from one prompt to another. We encourage users to experiment with different prompts and options to find the design that best fits their preferences.

User-Provided Content: By submitting prompts, images, text, or any other content to us, you affirm that you own all necessary rights, licenses, and permissions to use, share, and modify such materials. You retain full ownership of the intellectual property rights to your submitted content. However, please note that by submitting content to us, you grant us the right to use and process that content as described in our License Grant.

2. License Grant

License: By submitting content to us, you grant us a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable, and perpetual license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display the content solely for the purpose of providing our services. This license allows us to generate, display, and promote the t-shirt designs based on your submitted content. You retain ownership and control over your content, and this license does not grant us ownership or any right to use your content for any other purpose beyond our service offerings.

Public Sharing: If you choose to share your designs publicly on our website or its associated social media channels, you grant us the right to use your name and content for promotional purposes, giving appropriate credit to you as the content creator. This promotional use is limited to showcasing your design and our marketing efforts.

3. Copyright and Trademarks

Respect for Intellectual Property: We are committed to respecting the intellectual property rights of others, and we expect our users to do the same. If you believe that any content on our platform infringes your copyright or trademark rights, we encourage you to follow our Takedown Policy to request removal. We will take appropriate action to address valid infringement claims promptly.

User Responsibility: As a user, you are solely responsible for ensuring that the content you submit, including prompts and images, does not violate any third-party intellectual property rights. You must not submit content that you do not have the right to use or content that is subject to third-party licenses or restrictions. By submitting content to us, you represent and warrant that you have the necessary rights, permissions, and authority to grant us the license as mentioned above.

If you have any questions or concerns regarding the use of your content on our website, please feel free to contact our support team at cs@macmerise.com.

4. Takedown Policy

Notification Process: If you believe that any content on our website infringes your copyright or trademark, we take intellectual property rights seriously. To initiate the takedown process, please submit a written notice to cs@macmerise.com with the following information:

Identification of the copyrighted work or trademark claimed to have been infringed. Clearly state the name and nature of the copyrighted work or trademark that you believe has been infringed.

Identification of the allegedly infringing material, including its location on the platform. Provide specific URLs or other relevant details to help us locate the allegedly infringing content.

Your contact information (name, address, email, and phone number). We need your complete contact details to facilitate communication regarding the takedown process.

A statement that you have a good faith belief that the use of the material is not authorized by the copyright or trademark owner, its agent, or the law. Confirm that you genuinely believe the use of the content is unauthorized.

A statement, under penalty of perjury, that the information in your notice is accurate, and you are the copyright or trademark owner or authorized to act on their behalf. Declare that the information you provide is accurate and that you are the rightful owner or authorized to act on behalf of the copyright or trademark owner.

Action on Valid Notices: Upon receiving a valid takedown notice, we will promptly investigate the alleged infringement and take appropriate action in compliance with applicable laws and regulations. Depending on the nature of the infringement and applicable laws, actions may include:

Removing or disabling access to the allegedly infringing material from the platform.
Notifying the user who posted the content about the takedown notice and providing them with an opportunity to respond.
Reinstating the content if the user successfully disputes the infringement claim and provides a valid counter-notification.
Please note that we shall not be liable for any damages, losses, or liabilities arising from the takedown of allegedly infringing content, and we may share relevant information with the user who posted the content to facilitate the resolution of the dispute.

5. Limitation of Liability

Disclaimer of Warranties:

We provide our services on an "as-is" and "as-available" basis, and your use of the platform is at your own risk. We make no warranties, whether express, implied, or statutory, regarding the accuracy, completeness, reliability, or availability of our platform or any content generated therein.

We do not guarantee that the use of this website will be uninterrupted, error-free, or virus-free.

We do not guarantee the results of AI-generated designs, and users understand that the outcome may vary based on the input provided.

No Guarantee of Results: While we strive to offer a high-quality service, we do not guarantee the accuracy, timeliness, or effectiveness of the AI-generated images. The final output may vary based on the complexity of the prompts and the limitations of AI technology.

No Endorsement: We do not endorse any user-submitted content or designs and is not responsible for monitoring the platform for potentially infringing or objectionable materials.

Technical Issues: We shall not be liable for any technical malfunctions, interruptions, or downtime of the platform or for any loss or damage arising from such issues.

Limitation of Liability: In no event shall we or our affiliates, officers, directors, employees, or agents be liable for any direct, indirect, incidental, consequential, special, or exemplary damages, including but not limited to damages for loss of profits, data, or goodwill, arising out of or in connection with your use of the platform, content generated therein, or these terms, even if advised of the possibility of such damages.

6. Indemnity

User Responsibility: You agree to indemnify and hold us and our affiliates, officers, directors, employees, and agents harmless from any claims, damages, losses, liabilities, costs, or expenses (including attorneys' fees) arising out of or in connection with your use of the platform, violation of these terms, or infringement of any third-party rights.

This indemnity provision includes, but is not limited to, any claims of copyright or trademark infringement related to content submitted by you or actions taken on your behalf.

Users are responsible for verifying the accuracy, legality, and appropriateness of their submitted content, including any prompts or materials used for AI image generation.

You understand that we are not responsible for any disputes or legal actions related to the content you submit or use on the platform.

By using [our website, you agree to comply with these terms and conditions. If you have any questions or concerns, please contact our support team at cs@macmerise.com.

7. Disclaimers

Third-Party Services: We may integrate with or link to third-party services or websites, such as payment processors, artificial intelligent tools, social media platforms, or printing partners. These third-party services are not under our direct control and we do not endorse, monitor, or have any responsibility for the content, privacy practices, or terms of use of these services. Your use of such third-party services is entirely at your own risk, and you should review the respective terms and policies of those services before using them.

Third-Party Integration: We may incorporate certain features or functionalities through third-party application programming interfaces (APIs) to enhance user experience and provide additional services. Some of these APIs may not be publicly available or explicitly authorized for use. While we strive to ensure the quality and reliability of our services, we cannot guarantee the availability, accuracy, or security of the data or functionalities obtained through these non-public APIs. By using this website, you acknowledge that we do not have direct authorization to use certain third-party APIs and that you will not hold us responsible for any issues or consequences resulting from the use of these APIs.

Design Approval and Printing: We provide users with the opportunity to review and approve designs generated based on their prompts before proceeding with printing. It is essential to carefully examine the generated designs and ensure they meet your expectations before giving your approval. Once you approve a design for printing, we will proceed with the printing and shipping process, and the design will be applied to the selected merchandise.

Please note that we are not responsible for any dissatisfaction with the printed merchandise based on user-approved designs. We do not assume any liability for errors, inaccuracies, or issues with the final product resulting from the user-approved designs.

8. Acceptable Use of the Website

Prohibited Activities: When using this website, you agree not to engage in any activities that violate these terms, infringe upon the rights of others, or are illegal or harmful. Prohibited activities include, but are not limited to:

Uploading, transmitting, or otherwise making available any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable.
Impersonating any person or entity or falsely representing your affiliation with any person or entity.
Uploading, transmitting, or otherwise making available any content that you do not have the right to use or share, including proprietary or confidential information.
Uploading, transmitting, or otherwise making available any content that infringes on any patent, trademark, trade secret, copyright, or other proprietary rights of any party.
Using this website for any unauthorized or deceptive purposes, such as phishing, spamming, or sending unsolicited messages.
Engaging in any activities that could disrupt the functionality or security of this website, its servers, or networks.
Violating any applicable laws, regulations, or third-party rights while using our platform.

User Content Moderation: We reserve the right, but not the obligation, to review, monitor, or remove any user-generated content that violates these terms or is otherwise objectionable. We may take appropriate action, including suspending or terminating user accounts, to enforce these terms and maintain the integrity of our platform.

Reporting Violations: If you come across any content or user behavior that you believe violates these terms or is abusive, harmful, or illegal, please report it to us immediately at cs@macmerise.com.

Responsibility for User-Generated Content: Users are solely responsible for the content they submit to us. By using our platform, you acknowledge that we do not endorse, support, or guarantee the accuracy, completeness, or quality of user-generated content.

No Liability for User-Generated Content: We shall not be liable for any damages or harm resulting from user-generated content, and we do not assume any responsibility for monitoring the platform for potentially objectionable materials.

Security Rules: Visitors are prohibited from violating or attempting to violate the security of the Web site, including, without limitation, (1) accessing data not intended for such user or logging into a server or account which the user is not authorised to access, (2) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation, (3) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus or "Trojan horse" to the Website, overloading, "flooding", "mail bombing" or "crashing", or (4) sending unsolicited electronic mail, including promotions and/or advertising of products or services. Violations of system or network security may result in civil or criminal liability. The business and / or its associate entities will have the right to investigate occurrences that they suspect as involving such violations and will have the right to involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

General Rules: Visitors may not use the Web Site in order to transmit, distribute, store or destroy material (a) that could constitute or encourage conduct that would be considered a criminal offence or violate any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity of other personal rights of others, or (c) that is libellous, defamatory, pornographic, profane, obscene, threatening, abusive or hateful.

9. General Provisions

Modification of Terms: We reserve the right to modify these terms and conditions at any time. We may update the terms to reflect changes in the law, our services, or user feedback. Any modifications to the terms will be effective immediately upon posting the updated version on the platform. It is your responsibility to regularly review the terms to stay informed about any changes. Your continued use of the website after the posting of the modified terms signifies your acceptance of the updated terms.

Governing Law: These terms and conditions and any disputes arising from or related to these terms, including non-contractual disputes or claims, shall be governed by and construed in accordance with the laws of India. Any legal action or proceeding arising out of or relating to these terms shall be brought exclusively in the competent courts at Mumbai. You consent to the personal jurisdiction of such courts and waive any objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Severability: If any provision of these terms and conditions is found to be invalid, illegal, or unenforceable under applicable law, the remaining provisions shall remain in full force and effect. In such a case, the invalid or unenforceable provision shall be replaced with a valid and enforceable provision that most closely achieves the original intent of the parties.

Entire Agreement: These terms and conditions constitute the entire agreement between you and us regarding the subject matter hereof and supersede all prior or contemporaneous understandings, agreements, negotiations, representations, and warranties, whether oral or written.

No Waiver: Our failure to enforce any right or provision of these terms and conditions shall not be deemed a waiver of such right or provision. No waiver of any term or condition shall be considered a further or continuing waiver of such term or condition or a waiver of any other term or condition.

By using this website, you acknowledge that you have read, understood, and agreed to be bound by these terms and conditions. If you do not agree to these terms, you may not use our platform.