Effective Date: July 20, 2026 · Last Updated: July 20, 2026
These Terms of Use ("Terms") govern your access to and use of the Notionsify platform and services, which are owned and operated by Hummingbird International ("Notionsify," "we," "us," or "our")., and the business entity or other legal person accessing or using the Services (“Merchant,” “you,” or “your”).
These Terms govern your access to and use of the Notionsify website, cloud-based software platform, Shopify application, WooCommerce plugin, and all related products, features, functionality, content, and services (collectively, the “Services”).
By registering an Account, accessing, installing, integrating, or otherwise using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, Cookie Policy, and any additional policies or agreements incorporated by reference.
If you are entering into these Terms on behalf of a company or other legal entity, you represent and warrant that you have authority to bind that entity to these Terms. If you do not have such authority, or if you do not agree to these Terms, you must not access or use the Services.
For purposes of these Terms, the following definitions apply:
Account means a registered account created by or on behalf of a Merchant to access and manage the Services.
Agreement means these Terms of Use together with the Privacy Policy, Cookie Policy, Order Forms, Enterprise Agreements (if applicable), and any other documents expressly incorporated by reference.
AI Features means any artificial intelligence, machine learning, computer vision, automation, generative AI, or similar technologies made available by Notionsify as part of the Services, whether currently available or introduced in the future.
AR Features means any augmented reality functionality, visualization tools, or immersive technologies made available as part of the Services.
Authorized User means an employee, contractor, consultant, or other representative authorized by a Merchant to access and use the Services under the Merchant’s Account.
Confidential Information means any non-public business, commercial, financial, technical, operational, or proprietary information disclosed by either party, whether in written, electronic, oral, visual, or other form, that is identified as confidential or would reasonably be understood to be confidential under the circumstances.
Customer means an individual or business that interacts with a Merchant Store to configure, personalize, preview, or purchase products using the Services. A Customer is not a party to this Agreement unless they separately enter into an agreement with Notionsify.
Digital Assets means all digital content made available through or stored within the Services, including User Content, product images, renderings, templates, configurations, 2D assets, 3D models, previews, design files, and related materials.
Documentation means user guides, knowledge base articles, technical documentation, implementation guides, support materials, and other documentation made available by Notionsify.
Merchant means a business or other legal entity that registers an Account, subscribes to the Services, and uses the Services to offer product customization or personalization through its Merchant Store.
Merchant Store means a Merchant’s website, online storefront, marketplace, e-commerce platform, or other digital sales channel integrated with or using the Services.
Services means the Notionsify software platform, website, Shopify App, WooCommerce Plugin, future mobile applications, AI Features, AR Features, Documentation, and related products or services provided by Notionsify.
Subscription means a free trial, monthly plan, annual plan, enterprise plan, or any other subscription offered by Notionsify.
Third-Party Services means software, services, platforms, applications, or integrations owned or operated by parties other than Notionsify.
User Content means all information, files, artwork, text, logos, trademarks, graphics, fonts, product information, templates, pricing rules, configurations, software assets, documents, images, 2D assets, 3D models, and other content uploaded, submitted, stored, generated, or transmitted by a Merchant or its Authorized Users through the Services.
By accessing or using the Services, the Merchant agrees to be bound by this Agreement.
If the Merchant does not agree to these Terms, the Merchant must immediately discontinue use of the Services.
These Terms apply to all access to the Services, including through trial accounts, paid subscriptions, demonstrations, integrations, plugins, and future products or features offered by Notionsify.
The Services are intended solely for businesses and organizations.
To register for an Account, you represent and warrant that:
The Services are not intended for personal, household, or consumer use except where Customers interact with a Merchant Store using the configurator.
To access certain features of the Services, a Merchant must create an Account.
The Merchant is responsible for:
The Merchant is responsible for all activities occurring under its Account, whether performed by the Merchant or an Authorized User.
Notionsify reserves the right to suspend or disable Accounts that contain inaccurate information, violate these Terms, present a security risk, or are otherwise used in a manner that may harm the Services or other users.
Merchants may permit Authorized Users to access the Services, subject to the limitations of the applicable Subscription.
The Merchant is responsible for ensuring that each Authorized User:
Any act or omission of an Authorized User shall be deemed an act or omission of the Merchant.
The Merchant remains fully responsible for all Authorized Users and their use of the Services.
The Merchant is solely responsible for operating its Merchant Store and for all business activities conducted through it.
Without limitation, the Merchant is responsible for:
Notionsify provides software tools only and does not manufacture, sell, distribute, inspect, or fulfill products offered by Merchants.
Accordingly, Notionsify assumes no responsibility for the Merchant’s products, services, manufacturing processes, fulfillment operations, or customer relationships.
The Merchant represents and warrants that it owns or has obtained all necessary rights, licenses, permissions, and authorizations to upload, store, reproduce, modify, display, distribute, and otherwise use all User Content through the Services. The Merchant further warrants that its User Content, and its use of the Services, will not infringe, misappropriate, or otherwise violate any intellectual property rights, privacy rights, publicity rights, contractual obligations, or other rights of any third party.
The Merchant is solely responsible for verifying the accuracy of all product configurations, customization rules, pricing, dimensions, artwork placement, color selections, production files, previews, manufacturing specifications, order information, and all other content before manufacturing, fulfillment, or delivery to Customers.
The Merchant acknowledges that digital renderings, mockups, previews, and visualizations generated through the Services are intended as representations only and may differ from the final manufactured product due to printing methods, manufacturing processes, materials, production tolerances, display settings, lighting conditions, or other factors beyond Notionsify's control.
Notionsify is not responsible for manufacturing defects, printing inaccuracies, fulfillment errors, color variations, material differences, production discrepancies, or Customer expectations regarding finished products.
Customers may interact with configurators, personalization tools, previews, and related functionality made available by Merchants through the Services.
Notionsify provides the underlying software platform but is not a party to transactions between a Merchant and its Customers.
The Merchant remains solely responsible for:
Nothing in these Terms creates a contractual relationship between Notionsify and a Merchant’s Customers solely by virtue of their use of the configurator.
Notionsify may offer various Subscription plans, including:
Features, storage limits, pricing, Authorized User limits, and available functionality may vary depending on the selected Subscription.
Notionsify reserves the right to modify Subscription offerings, pricing, included features, storage allocations, or Service functionality upon reasonable notice, except where otherwise required by applicable law or a separate written Enterprise Agreement.
Subscription details, including pricing, billing frequency, renewal terms, and included features, are described on the Notionsify website or in the applicable Order Form.
Notionsify may offer a free trial of the Services to eligible Merchants for a limited period. Free trials are intended solely to allow prospective Merchants to evaluate the Services before purchasing a Subscription.
Unless otherwise stated, free trial Accounts may be subject to limitations, including restrictions on available features, integrations, storage capacity, or usage.
Notionsify reserves the right to modify, suspend, or terminate any free trial or a Merchant’s participation in a free trial at any time, with or without notice, to the extent permitted by applicable law.
If a Merchant does not purchase a Subscription before the expiration of the free trial, access to certain features, User Content, or functionality may be limited, suspended, or removed.
The Services are offered under various Subscription plans, including Free Trial, Monthly, Annual, and Enterprise plans. Features, storage capacity, Authorized User limits, and pricing vary depending on the selected Subscription.
Subscription fees are billed in advance on a recurring basis unless otherwise specified in an Order Form or Enterprise Agreement.
By purchasing a Subscription, the Merchant authorizes Notionsify, and its authorized payment processors to charge all applicable subscription fees, taxes, and other authorized charges using the payment method associated with the Merchant’s Account.
Subscriptions automatically renew at the end of each billing cycle unless cancelled before the applicable renewal date.
The Merchant is responsible for maintaining accurate billing information and a valid payment method throughout the Subscription term.
If payment cannot be successfully processed, Notionsify may:
Notionsify may revise Subscription pricing or Service plans from time to time. Any pricing changes will become effective upon the Merchant’s next renewal period after reasonable prior notice, unless otherwise required by applicable law or agreed in writing.
A Merchant may cancel its Subscription at any time through its Account settings or by contacting Notionsify.
Cancellation prevents future automatic renewals but does not entitle the Merchant to a refund for any fees already paid.
Except where required by applicable law or expressly provided in these Terms, all Subscription fees are non-refundable.
Notionsify may, in its sole discretion, issue a full or partial refund if a verified technical issue materially prevents the Services from functioning as intended and the issue cannot be resolved within a reasonable period despite reasonable efforts by Notionsify.
Refund requests must be submitted promptly after the issue is discovered and include sufficient information to allow investigation of the reported issue.
Termination or cancellation of a Subscription does not relieve the Merchant of any outstanding payment obligations incurred before the effective date of cancellation.
Each Subscription includes the storage capacity, system resources, and usage limits applicable to the selected plan.
The Merchant is responsible for monitoring storage usage and ensuring sufficient capacity is available for User Content.
If a Merchant exceeds the storage or resource limits associated with its Subscription, Notionsify may:
Notionsify may establish reasonable technical limitations and fair use policies to maintain the security, stability, and performance of the Services for all Merchants.
As between the parties, the Merchant retains all right, title, and interest in and to its User Content.
Nothing in these Terms transfers ownership of User Content to Notionsify.
The Merchant remains solely responsible for the creation, accuracy, legality, quality, maintenance, and use of its User Content, as further described in Section 6 of these Terms.
Notionsify does not routinely monitor, review, or verify User Content. However, Notionsify may access, review, or process User Content where reasonably necessary to:
To provide and operate the Services, the Merchant grants Notionsify a worldwide, non-exclusive, royalty-free, transferable (solely in connection with a corporate transaction), and sublicensable (solely to authorized service providers) license to host, store, reproduce, process, transmit, cache, display, render, adapt, and otherwise use User Content solely as necessary to:
This license continues only for as long as reasonably necessary to provide the Services and fulfill the purposes described in these Terms and the Privacy Policy.
To the extent permitted by applicable law, the Merchant acknowledges and agrees that Notionsify may process User Content to develop, improve, test, validate, and train artificial intelligence, machine learning, automation, computer vision, and similar technologies used in connection with the Services.
Except for the limited rights expressly granted under this Agreement, Notionsify acquires no ownership interest in the Merchant’s User Content.
The Merchant grants Notionsify a limited, worldwide, non-exclusive, royalty-free license to use the Merchant’s company name, trade name, trademarks, logos, publicly available product images, screenshots, and publicly accessible product configurations solely for the purpose of:
Notionsify will not publicly disclose confidential, unpublished, proprietary, or commercially sensitive User Content without the Merchant’s prior written consent.
A Merchant may withdraw this marketing license for future uses by providing written notice to Notionsify. Such withdrawal will apply prospectively only and will not require Notionsify to remove or modify materials lawfully published before receipt of the withdrawal request.
The Services, including all software, source code, object code, algorithms, databases, workflows, interfaces, visual designs, Documentation, graphics, trademarks, service marks, trade names, logos, trade dress, copyrights, patents, trade secrets, and all other intellectual property embodied in or related to the Services, are and shall remain the exclusive property of Notionsify or its licensors.
Except for the limited rights expressly granted under these Terms, no ownership interest or intellectual property rights are transferred to the Merchant.
The Merchant shall not, and shall not permit any third party to:
If the Merchant provides suggestions, enhancement requests, feature ideas, feedback, or other recommendations relating to the Services, the Merchant grants Notionsify a perpetual, irrevocable, worldwide, royalty-free license to use, implement, modify, and incorporate such feedback into the Services without compensation or attribution.
The Merchant and its Authorized Users may access and use the Services solely for legitimate business purposes and in accordance with these Terms, applicable laws, and any Documentation made available by Notionsify.
The Merchant is responsible for ensuring that all Authorized Users comply with these Terms and remains fully responsible for all activities conducted under its Account.
The Services may only be used in a manner that does not interfere with the security, availability, integrity, or performance of the Services or the experience of other Merchants.
The Merchant shall not, and shall not permit any third party to:
The Merchant shall not:
Except as expressly permitted by these Terms, the Merchant shall not:
The Merchant shall not use the Services to:
Nothing in these Terms limits a Merchant’s rights with respect to its own User Content.
The Merchant shall not:
The Merchant shall not upload, store, generate, transmit, or otherwise make available User Content that:
The Merchant remains solely responsible for all User Content uploaded through its Account.
Except with Notionsify’s prior written consent, the Merchant shall not use the Services:
Notionsify is not obligated to monitor Merchant activity or User Content. However, we reserve the right to investigate suspected violations of these Terms where reasonably necessary to:
Where appropriate, Notionsify may remove content, restrict access, suspend Accounts, or terminate the Services in accordance with these Terms.
The Services may integrate with or support Third-Party Services, including e-commerce platforms, payment providers, hosting providers, communication services, analytics tools, and other software or infrastructure necessary for the operation of the Services.
The Merchant acknowledges that:
Notionsify is not responsible for the products, services, actions, omissions, or policies of any Third-Party Service provider.
If a Third-Party Service becomes unavailable, modifies its platform, or discontinues compatibility with the Services, Notionsify shall not be liable for any resulting interruption, loss of functionality, or damages, although we may use commercially reasonable efforts to restore compatibility where practicable.
Notionsify may make available AI Features, AR Features, automation tools, computer vision technologies, or other advanced functionality as part of the Services.
These features may evolve over time and may be modified, enhanced, replaced, or discontinued at Notionsify’s discretion.
The Merchant acknowledges that:
Notionsify does not guarantee that AI Features or AR Features will be error-free, uninterrupted, or suitable for every intended use.
The Merchant remains solely responsible for ensuring compliance with applicable laws, intellectual property rights, product safety requirements, and customer obligations arising from its use of AI-generated or AR-generated outputs.
From time to time, Notionsify may make Beta Features available for evaluation, testing, or early access.
Beta Features may be identified as “beta,” “preview,” “early access,” “experimental,” or by similar terminology.
Beta Features:
Unless otherwise stated, Beta Features are provided “AS IS” and “AS AVAILABLE” without warranties of any kind.
The Merchant assumes all risks associated with the use of Beta Features and should not rely upon Beta Features for production-critical business operations.
The Merchant may voluntarily provide feedback regarding Beta Features. Any feedback, suggestions, enhancement requests, or recommendations may be used by Notionsify without restriction or compensation, subject to Section 16 (Intellectual Property Rights).
Notionsify will use commercially reasonable efforts to make the Services available; however, we do not guarantee uninterrupted, error-free, or continuous operation.
The Services may be unavailable due to:
scheduled maintenance;
emergency maintenance;
security incidents;
software updates or upgrades;
failures of third-party providers;
internet outages;
events beyond our reasonable control.
Notionsify may perform maintenance without prior notice where reasonably necessary to protect the Services, its infrastructure, Merchants, or Customers.
The Merchant acknowledges that temporary interruptions do not constitute a breach of these Terms.
Notionsify may immediately suspend all or part of the Services if it reasonably believes that:
the Merchant has violated these Terms;
payment is overdue;
continued use presents a security risk;
the Services are being used fraudulently or unlawfully;
suspension is required by law or governmental authority;
suspension is necessary to protect the Services, other Merchants, or third parties.
Where commercially practicable, Notionsify will provide notice of the suspension and an opportunity to remedy the issue before permanent termination.
Suspension does not relieve the Merchant of any payment obligations accrued prior to the suspension.
A Merchant may terminate its Subscription by cancelling renewal through its Account or by providing written notice to Notionsify via email 30 days in advance. If the subscription has already been charged, no refund shall be provided; the service will continue until the subscription cycle ends at the end of the 30 days.
Notionsify may terminate or refuse continued access to the Services if:
the Merchant materially breaches these Terms;
required fees remain unpaid after reasonable notice;
the Merchant engages in fraudulent, unlawful, abusive, or prohibited conduct;
continued provision of the Services would expose Notionsify to legal, regulatory, or security risks.
Upon termination:
the Merchant's license to use the Services immediately ends;
access to the Account may be disabled;
User Content may remain available for a limited retrieval period, if provided under the applicable Subscription or required by law;
after that period, Notionsify may permanently delete User Content in accordance with its Privacy Policy and internal data retention practices.
Termination does not affect any rights or obligations accrued before termination.
The following provisions survive termination to the extent applicable:
payment obligations;
ownership of intellectual property;
licenses granted under these Terms;
confidentiality obligations;
indemnification;
warranty disclaimers;
limitations of liability;
dispute resolution;
governing law; and
any provisions intended by their nature to survive termination.
Each party acknowledges that, during the course of this Agreement, it may receive or have access to Confidential Information belonging to the other party.
The receiving party agrees to:
Confidential Information does not include information that:
Nothing in this Section prevents either party from disclosing Confidential Information where required by applicable law, court order, or governmental authority, provided that, where legally permitted, the receiving party gives reasonable advance notice to the disclosing party.
Notionsify processes Personal Information in accordance with its Privacy Policy.
Where applicable, Notionsify endeavors to comply with applicable privacy and data protection laws, including applicable U.S. federal and state privacy laws and, where applicable, the General Data Protection Regulation (GDPR).
The Merchant is independently responsible for ensuring that its collection and use of Customer data through its Merchant Store complies with all applicable privacy, consumer protection, and data protection laws.
Where required by applicable law, the Merchant shall obtain all necessary notices, consents, and authorizations from its Customers before collecting, processing, or transmitting Personal Information through the Services.
Nothing in these Terms relieves the Merchant of its independent legal obligations as a controller, business, or similar regulated entity under applicable privacy laws.
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NOTIONSIFY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, OR THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.
NOTIONSIFY DOES NOT WARRANT THAT:
THE MERCHANT ASSUMES ALL RISK ARISING FROM ITS USE OF THE SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTIONSIFY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, GOODWILL, BUSINESS OPPORTUNITIES, DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF NOTIONSIFY ARISING OUT OF OR RELATING TO THE SERVICES SHALL NOT EXCEED THE TOTAL SUBSCRIPTION FEES PAID BY THE MERCHANT TO NOTIONSIFY DURING THE ONE (1) MONTH IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law.
The Merchant agrees to defend, indemnify, and hold harmless Notionsify, its affiliates, officers, directors, employees, contractors, licensors, and service providers from and against any claims, damages, liabilities, judgments, settlements, penalties, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:
Notionsify reserves the right to assume the exclusive defense and control of any matter subject to indemnification, at the Merchant’s expense, where permitted by law.
Neither party shall be liable for any delay or failure to perform its obligations under these Terms to the extent caused by events beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, governmental actions, pandemics, epidemics, interruptions in telecommunications, internet outages, failures of third-party service providers, cyberattacks, or widespread utility failures.
The affected party shall use commercially reasonable efforts to resume performance as soon as practicable.
These Terms and any dispute arising out of or relating to the Services shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflict of law principles.
The parties agree to first attempt to resolve any dispute arising out of or relating to these Terms through good-faith negotiations.
If the dispute cannot be resolved within thirty (30) days after written notice, the parties agree to participate in non-binding mediation before commencing arbitration.
If mediation is unsuccessful, the dispute shall be resolved by binding arbitration in the Commonwealth of Pennsylvania under the commercial arbitration rules of a nationally recognized arbitration provider.
Either party may seek temporary injunctive or equitable relief from a court of competent jurisdiction where necessary to protect intellectual property, Confidential Information, or other rights pending the outcome of arbitration.
Legal notices required under these Terms shall be provided in writing.
Notices to Notionsify shall be sent to:
Notionsify
668 Stony Hill Road, Suite 11
Yardley, Pennsylvania 19067
United States
Email: support@notionsify.com
Notices to the Merchant may be delivered to the email address associated with the Merchant’s Account and shall be deemed received upon transmission unless otherwise required by law.
Notionsify may update these Terms from time to time to reflect changes in the Services, applicable law, or business operations.
Updated Terms become effective upon posting to the Notionsify website or otherwise notifying the Merchant. Continued use of the Services after the effective date constitutes acceptance of the revised Terms.
These Terms, together with the Privacy Policy, Cookie Policy, applicable Order Forms, and Enterprise Agreements, constitute the entire agreement between the parties regarding the Services and supersede all prior agreements relating to the same subject matter.
If any provision of these Terms is found unenforceable, the remaining provisions shall remain in full force and effect.
No waiver of any provision shall be effective unless made in writing. Failure to enforce any provision shall not constitute a waiver of future enforcement.
If you have any questions regarding these Terms or the Services, please contact:
Notionsify
668 Stony Hill Road, Suite 11
Yardley, Pennsylvania 19067
United States
Email: support@notionsify.com
