Terms of service

Add-on: Additional services or products ordered or activated by the Customer through the Portal (which may trigger the application of Subscription Specific Terms).

API: Application programming interface.

Application: Where you access Gelato Platform to fulfil Orders of the End Customers, your website, app or other online interface (created independently or on an E-commerce Platform) on which you allow End Customers to upload, create and/or customize User Content, and to print such User Content.

Customer (or you): The individual or legal entity to which Gelato has granted access to Gelato Platform.

Customer Account: A unique profile created by you for yourself or for your organization on the Portal and which is signed in by a person representing your organization.

Ecommerce Platform: A platform for creation of an Application, provided by a third party with whom we have a partner agreement concerning integration of the Gelato API.

Gelato (or we): Gelato ASA, Norwegian company having its principal place of business at Dronning Eufemias Gate 8, 0191 Oslo, Norway.

Gelato API: Our proprietary API, other APIs and/or associated software development kits (SDKs) that enables the exchange of information between your Application and Gelato Platform. This also includes access to the Gelato API portal.

Gelato Live API key: An API key created specifically for you to access Gelato Platform, that enables you to place live orders. This also includes live orders placed directly in the Portal before Gelato Live API Key generation.

Portal: The web-based portal available at https://developers.gelato.com providing access to Gelato Platform.

Gelato Platform: Our website and our server platform on which we manage our network of printers and distributors, as well as the receipt and handling of Orders, either submitted to our website directly or communicated through Gelato.

End Customer: The person or entity that places an Order on your Application.

Order: A request from you or the End Customers (through your Application) to have User Content printed and Products distributed and delivered by Gelato.

Order Form: An order form that may be entered into between Gelato and you, governing commercial and other specific matters regarding your use of the Gelato API and/or the Services.

Products: Printed materials that incorporate User Content, such as pictures, cards, brochures, booklets, posters, catalogues, flyers, packaging, merchandise, apparel, frames and hangers.

Services: Our application, software or other services available on our website as further described in clause 2, our implementation services, our service of printing and shipping of Products, as further described in clause 3, our support services, as further described in clause 4 and any associated Add-ons offered by Gelato.

Subscription Specific Terms: Shall have the meaning as defined in clause 3.

Terms: Refers to these (Terms of Use) and other documents set out in the introduction.

User Content: Text, pictures, files, templates, fonts, logos, metadata and other content

To access and use the Services, you will be asked to create a Customer Account. As part of the Customer Account creation process, you (whether for yourself or on behalf of your organization) will be asked to provide an email address, create a password, and verify that this is provided by a physical person. Until the payment or billing method is registered, your access to the Services will be limited.

If you, in connection with the creation of a Customer Account, are presented with commercial terms for the use of the Service, the commercial terms shall be deemed accepted upon the creation of such Customer Account.

You are responsible for the accuracy and completeness of the information provided through Gelato Platform, including Customer Account creation, by providing true, accurate, current and complete information as requested during the Customer Account creation process.

To access and use the Services, you may be asked to establish a core subscription with us. Access to specific Services or Add-ons may be restricted to an additional subscription.
We may offer various subscription levels. Any subscription level may be offered under particular terms and conditions applicable for the subscription, including with respect to fees (such as free or payable), scope (such as number of users, number of Applications, etc.), functionality (such as access to reports, automation, third-party design apps, third-party stock image databases, etc.) and other features ("Subscription Specific Terms"). Such Subscription Specific Terms will be communicated to you prior to your subscription.

We may enable you to purchase or subscribe to Add-ons that we may make available from time to time (such as additional number of users). Such Add-ons, if any, may only be available if you have an active subscription with a payable price plan.

The term of a subscription may be monthly, annual or perpetual, as set out in the Subscription Specific Terms. The term is binding. You may cancel any subscription with 30 days' notice before the end of the term, or as otherwise specified in the Subscription Specific Terms. Unless cancelled before such time, the subscription is automatically renewed for another term. You may upgrade your subscription to a higher subscription level at any time, with immediate effect. You may downgrade your subscription to a lower subscription level with effect from the next term.
We may at any time with 30 days' written notice (including by e-mail) change or discontinue features available for a subscription level. We may also at any time with 30 days' written notice (including by e-mail) discontinue a subscription level, and if so, you will be placed at the lower subscription level, on the terms and conditions that apply to such lower subscription level.

If we learn that you are using the Services in a manner which corresponds to a higher subscription level than the one you are subscribing to (such as because you have a higher number of users, or a higher number of Applications, than what follows from the applicable Subscription Specific Terms), we may, at our sole discretion, with 30 days' written notice (including by e-mail) upgrade you to the higher subscription level and charge you for the price plan applicable for such higher subscription level, or terminate your Subscription with immediate effect.

A subscription may enable access to third-party applications, databases, tools or features. We shall have no responsibilities in such respect. All claims that you may have relating to such third-party applications, databases, tools or features must be directed to the provider. Your use thereof may require your acceptance of applicable third-party terms and conditions. If so, you represent and warrant that you will at any time comply with such third-party terms and conditions, and you agree to indemnify and hold us harmless for any claim that you do not comply with such third-party terms and conditions.

Subject to your establishment of a subscription, and your compliance with these Terms, you are granted a limited, revocable, non-exclusive, non-transferable license to access and use the Services Gelato Platform, including the Gelato API. In particular, your use of the Gelato API is solely for the purpose of integrating your Application with the Gelato Platform to enable the exchange of information concerning Orders (such as the User Content to be printed, shipping options, and order status).

We may at any time add or remove features and functionality of Gelato Platform, the Services or Add-ons. It is your responsibility to comply with instructions issued by us regarding Gelato Platform, including instructions on supported formats. We may update these instructions from time to time, such as communication by email or by posting them on our Portal or our website. Updates that materially affect your use of the Gelato API will be communicated by email with at least 30 days’ notice. You acknowledge that we may not duly complete Orders if your Application does not satisfy our instructions.

You are responsible for following the Gelato file requirements as presented in this link; and for the accuracy, substance, clarity, quality (such as resolution, color, lighting) and lawfulness of the User Content, and for the accuracy of the choices made during checkout (such as the items, number and format to be printed, the shipping recipient and shipping address). Without limiting the foregoing, you may not: (a) upload or seek printing of any User Content that infringes any third party's intellectual property or other rights (including without limitation copyrights, trademarks, rights of publicity and rights of privacy) or violates applicable law or any jurisdiction, (b) upload any obscene, pornographic, or adult content, or (c) use the Services in a manner not authorized by these Terms, in breach of applicable law, or in breach of any contractual or other obligation owed to any third party. We are not obliged to verify the data (such as to verify the shipping address). However, we reserve the right, but are not obliged to, screen the User Content to be printed and alert You if we find failures or any suspected violations of law or of these Terms.

If we receive Orders that, in our reasonable opinion, and sole discretion, may be deemed offensive, objectionable, inappropriate, immoral or violative of the prohibitions in the preceding paragraph we may reject the Order. If we nevertheless fulfill the Order, Gelato has no responsibility for such violation or infringement.

We may monitor your use of Gelato Platform and the Services for billing purposes, to ensure the quality of and to improve our Services, and to verify your compliance with these Terms. We may suspend access to Gelato Platform and the Services or deactivate your account without notice if we reasonably believe that (i) you are in breach of these Terms (including in the event of non-payment of an invoice with more than 30 days), (ii) you are in violation of applicable laws and regulations, (iii) you use our services in a fraudulent, malicious or abusive manner, or if we consider there to be a risk of loss of reputation for us. We also reserve the right to charge you any costs we may have incurred for the free or discounted services you have enjoyed as a result of your fraudulent, malicious or abusive act.

If you access the Services via the Gelato Mobile Application you are granted a limited, personal, revocable, non-exclusive, nontransferable, and non-sublicensable license to install and use the Gelato Mobile Application during the Term. The terms of this Agreement apply to any updated, upgraded or new versions of the Gelato Mobile Application. Use of the Gelato Mobile Application constitutes use of the Services. We may require you to agree to additional terms and conditions governing use of the Gelato Mobile Application. It is your responsibility to check and ensure that you have downloaded the latest version of the Gelato Mobile Application for your device, and that your electronic device is compatible. We do not guarantee that the Gelato Mobile Application will function and remain compatible at all times on any particular mobile or electronic device.

User Content is not approved by us. User Content may include information and materials uploaded by you and other users of our Services for you or on your behalf or that of your organization. This information and these materials have not been verified or approved by us. The views expressed in any User Content provided to us may not represent our views or values.

Upon receipt of an Order through the Gelato Platform, Gelato will facilitate printing of the User Content and shipping of the Products to you or the End Customer, as requested in the Order.

We connect independent local printers in our global network. Based on the shipping address set out in an Order, we allocate the Order to a local printer based on geographical location, machine capabilities, available capacity, and other factors we deem relevant. Orders that include more than one category of Products may be produced at different print facilities (such as due to capabilities, capacity and delivery address) and may, therefore, be delivered separately.

We will stipulate an estimated delivery time. We will use all reasonable efforts to ensure that the Products are delivered within the estimated timeframe but shall not have any liability towards you or the End Customer if the Products are delivered later. We will notify you as soon as we become aware of circumstances that may cause substantial delays.

The Products will be sent by regular post unless otherwise agreed for each Order. Irrespective of the shipping method, we have the right to choose another carrier or shipping method, provided that such carrier or shipping method offer similar delivery quality and delivery time.

If tracked delivery is chosen for the Order (if available), we shall bear the risk of loss and damage to the Products during transportation. If non-tracked delivery is chosen for the Order, the Products will be deemed delivered and title and risk of loss transferred to you upon our delivery of the Products to any common carrier.

We are not obliged to find the correct address for the delivery. If we were not provided with the correct address, and there are multiple residents on that address, we will use reasonable endeavors to deliver, but cannot guarantee the delivery of the Products to the correct recipient. You are solely responsible for performing customs clearance of the Products and for payment of the customs (if any), please further refer to clause 12.

If you can substantiate that your Order is lost in transit which is due to the carrier of a tracked delivery, then we will, at our sole discretion and subject to our investigation, reship the Order. Any claims must be submitted no later than 30 days after the estimated delivery date. We will reserve the right not to reship any Order if tracking information of the carrier indicates the Order is duly delivered, even though you or the End Customer claims the Order has not been received. In that case, any replacement will be at your own costs.

We shall have no direct agreement with the End Customers, nor provide any support or communicate directly with the End Customers unless otherwise agreed with you.

We shall provide technical support to you for troubleshooting issues related to the Gelato API. Support is available 24/7 via our chat feature accessible on our website or "Report a Problem" feature within the Gelato Dashboard. The language of the support will only be available in English.  For details, please refer to our Help Centre articles. 

We otherwise agree to provide reasonable assistance to you and to cooperate with you (and third parties, as requested by you) in a timely manner to resolve issues with Orders (including the shipment of Products).

If in connection with support or otherwise, you provide us with ideas, comments, suggestions or other feedback relating to our Service, all such feedback, and anything created as a result of such feedback, are our sole property, and we may use and disclose it for any purpose.

We shall use all reasonable efforts to maintain the availability of the Services and Gelato Platform. We do not guarantee that it will be available, uninterrupted or error-free. If you experience downtime, you shall notify us without undue delay, and you shall provide all reasonably requested co-operation in investigating and resolving any such downtime. If you access the Services via the Gelato API, your API calls are subject to a standard daily limit of 5000 per day, unless otherwise agreed. API calls exceeding the agreed daily limit will not be responded to. You are liable for any downtime and any costs and losses caused by API calls that exceed the agreed maximum rate.

We will use all reasonable efforts to avoid having to take the Gelato API and including Gelato Platform, offline for executing planned maintenance. Should under exceptional circumstances such maintenance nevertheless prove necessary, we will provide as much notice as practically possible and plan such maintenance in a manner and on a date and time to minimize the potential number of affected potential Orders. Should under emergency situations (e.g. in case of force majeure event) unplanned maintenance be necessary that requires the Gelato API or Gelato Platform to be taken offline, we will use resources to keep the required downtime to the absolute minimum.

You acknowledge that the Products are personalized and made specifically for each Order. Once an Order is placed, it cannot be changed or cancelled unless otherwise communicated by us to you through Gelato Platform for the specific Order.

You acknowledge that the Products, when printed, may vary from the User Content as displayed on-screen, such as due to how computers display colours. Such deviation between on-screen User Content and physical Products that are not due to printing errors shall not be deemed a defect.

If there are defects discovered, such as damage to the delivered Products, errors in the number or quantity of the delivered Products or lack of quality of the delivered Product not caused by lack of quality of the User Content, you should provide us with photographic or other documentary evidence of the existence of a defective Product. If we have not received from you a complaint in writing within 30 days after receipt, we shall have no liability for any defect.

If we agree, or you can substantiate, that there is a defect and that it is not due to the carrier, force majeure or other circumstances outside our control, then we will, at our option, either provide you with a reprint of the order to the extent required to remedy the defect or offer you with a refund for the defective Products.

If you access the Services for your personal use through Buy for Yourself function in our website, then we will provide you with a reprint or a refund in accordance with the relevant consumer laws applicable to your country of residence. Gelato will not redeliver or refund the purchase price if the defect or dissatisfaction is related to the User Content, which you have the sole responsibility for. For Products that do not contain User Content (and thus that are not personalised for you), you may cancel your Order within 14 days after the date you receive the Products. If your Order contains multiple Products that do not contain User Content and these Products are shipped separately, you may cancel your order within 14 days after the date you receive the last Product. You must notify Gelato about your intent to cancel your order within the timeframe specified above. You must return the Products to us as soon as possible, in the same condition in which you received them, and at your own cost including shipping costs and risk.

The remedies provided for above are your sole remedies for any defective Product, and exclude, to the fullest extent permitted by law, any other remedy available to you (including the End Customer) by law.