Comprehensive Terms of Service

Effective Date: February 26, 2026

This website and all related technical tools, digital products, and consulting services are operated by Smart Pattern Making ("Company," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our website, web applications, and B2B apparel services. By accessing our site, purchasing a product, or engaging our services, you agree to be bound by these Terms.

Platform & E-Commerce

1. Shopify Hosting & General Conditions

Our e-commerce store is hosted on Shopify Inc. They provide the online platform that allows us to sell our products and services to you. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or any web application hosted on the website without express written permission by us.

We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (excluding credit card information), may be transferred unencrypted and involve transmissions over various networks. Credit card information is always encrypted during transfer over networks.
Prices for our products and B2B services are subject to change without notice. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.

2. Digital Products & B2B Services

Smart Pattern Making specializes in high-fidelity technical design, including Gerber, Tukatech, PAD, and generic DXF file creation, grading, digitizing, and marker making.

No Refunds on Digital Assets: Due to the proprietary, non-returnable nature of digital CAD files, 3D assets, and plotted patterns, all sales are strictly final once digital delivery has been initiated or physical work has commenced.
Accuracy of Information: While we leverage decades of global apparel industry expertise, we do not warrant that the quality of any products, services, or information purchased will completely meet your subjective expectations, or that any perceived errors will be corrected at our expense.
Web Applications: Access to our proprietary online tools (such as shrinkage calculators, pricing tools, or cutter simulators) is provided "as is" and may be revoked or modified at our sole discretion.

Liability Shield

3. Mandatory Pre-Production Sampling & Waiver

Apparel manufacturing contains numerous uncontrollable variables, including fabric shrinkage, varying machine tensions, cutting floor execution, and operator error. To protect both parties, the following clause is a mandatory condition of doing business with us:

The Client's Burden: You, the client, are strictly responsible for cutting and sewing a physical pre-production sample to verify all measurements, grading rules, fit intent, and marker efficiencies prior to initiating bulk manufacturing.
Waiver of Manufacturing Liability: Smart Pattern Making shall not be held liable for any fabric waste, production delays, factory errors, lost profits, or consequential damages resulting from the use of our digital files or physical patterns. Proceeding to bulk cutting without rigorous sampling and testing is done entirely at your own financial risk.

IP & Conduct

4. Intellectual Property & Indemnification

We respect your creative ownership, and we rigorously protect our technical assets.

Your IP: You retain all intellectual property rights to the original fashion designs and sketches you submit to us. You grant us a limited, non-exclusive license to use these materials solely to execute the services you have hired us for.
Our IP: All site content, custom web applications, calculators, coding, site design, and proprietary technical methods remain the exclusive intellectual property of Smart Pattern Making.
Indemnification: You agree to indemnify, defend, and hold harmless Smart Pattern Making and our affiliates, partners, officers, and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to your breach of these Terms, or your violation of any law or the rights of a third-party (including submitting designs to us that infringe upon another brand's copyright or trademark).

Legal Jurisdiction & California Law

Critical legal parameters governing dispute resolution, liability limits, and California state compliance.

5. Disclaimer of Warranties; Limitation of Liability

WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. THE SERVICE AND ALL PRODUCTS DELIVERED TO YOU ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND. IN NO CASE SHALL SMART PATTERN MAKING BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND. OUR MAXIMUM LIABILITY SHALL BE STRICTLY CAPPED AT THE TOTAL AMOUNT PAID BY YOU FOR THE SPECIFIC SERVICE OR PRODUCT IN DISPUTE.

6. California Civil Code Section 1542 Waiver

If you are a California resident, you expressly waive California Civil Code Section 1542, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."

7. Dispute Resolution & Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms of Service or our business relationship shall be settled by binding, individual arbitration administered by the American Arbitration Association (AAA) in Los Angeles, California. Class Action Waiver: You agree that you may bring claims against us only in your individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding.

8. Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.

9. Payment & Chargeback Policy

By providing a payment method, you expressly authorize us to charge the applicable fees. In the event of an unjustified chargeback or payment dispute for digital services rendered, we reserve the right to suspend all ongoing work, revoke access to digital files, and pursue the outstanding balance through collections or arbitration, including the recovery of all associated legal and administrative fees.

Questions About Our Terms?

If you require clarification on any of the legal terms, B2B conditions, or liability policies outlined above, please contact our administration before placing an order at support@smartpattenmaking.com