Creators Inventory Policy

Last updated: September 11, 2023

This policy is part of our Creators Terms of Service. By using INVIZ’s Inventory Service, you are agreeing to this Inventory Policy and our Creators Terms of Service. All capitalized terms used herein and not otherwise defined in this Inventory Policy shall have the meanings set forth in the Creators Terms of Service. This Inventory Policy may change over time per INVIZ’s Creators Terms of Service.  By continuing to use INVIZ’s Inventory Service, you agree to those changes.

1.0

Mutual Election.  By default, every Creator with INVIZ agrees to create and sell Merchandise Product by utilizing the Print On-Demand Fulfillment for Orders which requires neither the purchase of inventory, the expense of storage fees, nor the the retention or maintenance of any physical Merchandise Product. However, provided that: (a) the Creator elects to utilize INVIZ’s Inventory Service and thereby authorize INVIZ to fulfill Orders by utilizing a pre-sales model, batch-printing model or custom product model which requires the purchase of a form of inventory (the “Inventory”), and (b) INVIZ agrees to fulfill Orders by utilizing one of the aforementioned methods in order to purchase such Inventory, then the Creator shall be bound by the terms and conditions as set forth in this Inventory Policy at their sole discretion and the Creator elects to use, and for INVIZ to authorize commencement of, the Inventory Service (the “Mutual Election”).

2.0

Definitions.  Provided the event of a Mutual Election, as a provision of the Inventory Services the following terms and their respective definitions may be used thereof during communications between the Creator and INVIZ as it pertains to the Inventory that INVIZ may purchase:

2.1 The “Purchase Order No.” shall be defined as the number that references a particular batch order of Inventory that is purchased by INVIZ;
2.2 The “Product Name” shall be defined as the particular type of the Merchandise Product in connection with the Inventory that is purchased by INVIZ;
2.3 The “Product Description” shall be defined as a short description of the Merchandise Product in connection with the Inventory that is purchased by INVIZ, including, but not limited to, the type of size, color, version, and so forth;
2.4 The “SKU” shall be defined as the stock-keeping unit for the Merchandise Product that INVIZ assigns in the form of a unique code to every type of Merchandise Product it sells when Inventory is purchased by INVIZ;
2.5 The “Fulfillment Type” shall be defined as the type of fulfillment that INVIZ utilizes to fulfill Orders and/or Pre-Orders, including, but not limited to, a pre-sales model, a batch-printing model or a custom product model;
2.6 The “Supplier” shall refer to a third-party supplier for the Inventory and contracted by INVIZ;
2.7 The “3PL” shall refer to a third-party logistics service provider that shall handle supply chain functions for the Inventory and contracted by INVIZ;
2.8 The “Warehouse” shall refer to a third-party Warehouse service for the Inventory and contracted by INVIZ;
2.9 Storage” shall be defined as either a third-party storage service for the Inventory and contracted by INVIZ, or INVIZ itself storing the Inventory at a property owned or leased by INIVZ;
2.10 The “Storage Period Limit” shall be defined as ninety (90) days following the first day a particular item of Inventory is available for sale on the Creator Store;
2.11 The “Cost Per Unit” shall be defined as the cost of one unit of Inventory;
2.12 The “MOQ” shall be defined as the minimum order quantity of Inventory units that INVIZ may purchase;
2.13 The “Total Cost All Units” shall be defined as the total cost of all units of that INVIZ may purchase;
2.14 The “Supplier Fees” shall be defined as fees charged by the third-party Supplier to INVIZ;
2.15 The “3PL Fees” shall be defined as fees charged by the third-party 3PL to INVIZ;
2.16 The “Warehouse Fees” shall be defined as fees charged by the third-party Warehouse to INVIZ;
2.17 The “Storage Fees” shall be defined as fees charged by the third-party Storage Service to INVIZ;
2.18 Order” or “Orders” shall have the same definition as contained in Section 5.5 in the Creators Terms of Service;
2.19 Pre-Orders” shall be defined as Orders placed by Customers whereby all funds from such Pre-Orders received by Inviz shall be held by INVIZ until such time when the number of Pre-Orders exceeds the MOQ; and
2.20 The “Recoupable Inventory Costs” shall have the same definition as contained in Section 6.2 in the Creators Terms of Service and shall include all costs, fees, charges and expenses incurred by INVIZ in connection with Inventory purchased by INVIZ as described in Sections 2.1 – 2.19.
3.0

Pre-Sales Model.  Provided that (a) the Mutual Election includes a pre-sales model as the Fulfillment Type, and provided that (b) the number of Pre-Orders received from Customers equals or exceeds the MOQ, then INVIZ hereby agrees to purchase the MOQ as specified in the Purchase Order (the “Pre-Sales Model”). Provided the event where INVIZ receives a total amount of Pre-Orders that does not exceed the amount of the MOQ, then INVIZ reserves the right to cancel such Pre-Orders and/or refund to the Customers all money it received in connection with such Pre-Orders and INVIZ’s obligations with respect to such Pre-Orders and the corresponding Mutual Election shall cease.

4.0

Title of Risk/ Loss.  Ownership and title to the Inventory remains with the Creator at all times until delivery to a customer pursuant to this Inventory Policy. Upon such delivery, the risk of loss or the damage or the destruction of the Inventory passes to INVIZ and shall remain with INVIZ until either (a) the Inventory is tendered to the carrier for delivery to the Customer, provided however, the Inventory is purchased from the INVIZ websites, INVIZ applications or other services owned and operated by INVIZ; or (b) upon pickup of the Inventory by Creator or its designee for return, donation or otherwise, provided if, the Inventory is deemed either (i) unsellable, or (ii) not purchased from the INVIZ websites, INVIZ applications or other services owned and operated by INVIZ.

5.0

Excess Inventory.  Provided the event where (a) the Inventory is in Storage, and provided the event where (b) the Inventory has reached the Storage Period Limit, then INVIZ reserves the right to deem such Inventory as "Excess Inventory" and thereof give notice to the Creator of the existence of such Excess Inventory. Upon receipt of such notice, the Creator shall have the option to have any Excess Inventory either destroyed, donated, or shipped back to Creator, at Creator’s expense (the "Excess Inventory Option"), provided however, the accumulated total of all Creator Costs has been paid in full. Provided that the Creator does not exercise this the Excess Inventory Option within thirty (30) days following the expiration of the Storage Period Limit, then INVIZ reserves the right to sell, in accordance with local and federal laws, any Excess Inventory in its possession to settle the past due balances in connection to the accumulated Creator Costs, or destroy, donate or otherwise dispose of the Excess Inventory at its sole discretion, provided however, any remaining Excess Inventory, after all accumulated Creator Costs have been recouped by INVIZ, shall be shipped to the Creator.

6.0 Termination Event Inventory. Provided the event that (a) a Termination occurs; and (b) a material quantity of unsold Inventory exists then INVIZ reserves the right to deem such Inventory as “Termination Event Inventory.” Provided that the Creator requests INVIZ to ship to him/her/they the Termination Event Inventory (the “Termination Event Inventory Request”), and, provided that, the accumulated total of all Creator Costs has been paid in full to INVIZ, then INVIZ shall ship the Termination Event Inventory to the Creator at the Creator’s expense. Provided that the Creator requests INVIZ to ship to him/her/they the Termination Event Inventory, and, provided that, the accumulated total of all Creator Costs has not been paid in full to INVIZ, then INVIZ reserves the right to sell, in accordance with local and federal laws, any Termination Event Inventory in its possession to settle the past due balances in connection to the accumulated Creator Costs, or destroy, donate or otherwise dispose of the Termination Event Inventory at its sole discretion, provided however, any remaining Termination Event Inventory, after all accumulated Creator Costs have been recouped by INVIZ, shall be shipped to the Creator.
7.0

Insurance.  INVIZ is under no obligation to obtain and maintain any insurance for the Inventory, regardless of whether such Inventory is stored by INVIZ or warehoused by a third-party, and therefore such Inventory may not be insured against loss or damage by INVIZ. Creator reserves the right to obtain and maintain insurance coverage for any such Inventory.

8.0 IN THE EVENT OF LOSS, DAMAGE OR DESTRUCTION OF THE INVENTORY (“INVENTORY LOSS”) FOR WHICH INVIZ IS LEGALLY LIABLE, YOU DECLARE THAT INVIZ’S LIABILITY SHALL BE LIMITED TO $.50 PER POUND FOR SAID LOST, DAMAGED, AND/OR DESTROYED INVENTORY.
9.0 IN NO EVENT SHALL INVIZ BE LIABLE FOR ANY LOST SALES REVENUE FROM INVENTORY LOSS. INVIZ’S MAXIMUM LIABILITY FOR INVENTORY LOSS WILL BE CAPPED AT 5% OF THE TOTAL PRODUCT VALUE OR ONE MONTH OF THE AVERAGE BILLABLE STORAGE, WHICHEVER IS LOWER (“INVENTORY DAMAGES CAP”).
10.0

IN THE EVENT OF INVENTORY LOSS DUE TO INVENTORY COUNT INACCURACIES, INACCURATE INVENTORY COUNTS DURING RECEIVING OR INVENTORY COUNT INACCURACIES AT ANY TIME THAT INVIZ IS IN POSSESSION OF INVENTORY FOR WHICH THE CLAUSES ABOVE ARE DETERMINED TO BE INAPPLICABLE AND INVIZ IS HELD LEGALLY LIABLE, CREATOR AGREES THAT IT WILL BE CONSIDERED AN “INVENTORY LOSS” AND INVIZ’S LIABILITY SHALL BE LIMITED AS STATED IN ABOVE. IN NO EVENT SHALL INVIZ BE LIABLE FOR ANY LOST SALES REVENUE FROM THE INVENTORY LOSS DUE TO INVENTORY COUNT INACCURACIES.

11.0 INVIZ’S LIABILITY REFERRED TO IN THIS SECTION SHALL BE CREATOR’S EXCLUSIVE REMEDY AGAINST INVIZ FOR ANY CLAIM OR CAUSE OF ACTION WHATSOEVER RELATING TO LOSS, DAMAGE AND/OR DESTRUCTION OF INVENTORY AND SHALL APPLY TO ALL CLAIMS INCLUDING INVENTORY SHORTAGE AND MYSTERIOUS DISAPPEARANCE CLAIMS UNLESS CREATOR PROVES BY AFFIRMATIVE EVIDENCE THAT INVIZ CONVERTED THE INVENTORY TO ITS OWN USE. CREATOR WAIVES ANY RIGHTS TO RELY UPON ANY PRESUMPTION OF CONVERSION IMPOSED BY LAW.