Terms of Service

Last Updated: October 2, 2026

These Terms of Service (“Terms”) govern your use of the CPG Item Setup website and any services provided by CPG Item Setup (“CPG Item Setup,” “we,” “us,” or “our”).

By accessing our website, requesting a quote, engaging our services, or otherwise doing business with us, you agree to these Terms. If you are acting on behalf of a company or other organization, you represent that you have authority to act on its behalf.

1. Our Services

CPG Item Setup provides business-to-business services related to consumer packaged goods (“CPG”), which may include:

New item setup
GDSN and product data publishing
Retailer and distributor portal setup
Product data entry and management
GS1 and UPC support
Catalog management and maintenance
Troubleshooting rejected items, validation errors, and synchronization issues
Compliance and traceability data management
Certification and facility-document management
Product hierarchy and case-configuration management
Retailer, distributor, and platform support
Other related product-data and CPG operational services

The specific scope, price, timing, and deliverables for an engagement may be established separately through a quote, proposal, invoice, email, statement of work, or other written agreement.

If a separate written agreement conflicts with these Terms, the terms of that agreement will control for that engagement.

2. Client Responsibilities

To perform our services, you may be required to provide product specifications, UPCs, GTINs, dimensions, weights, nutritional information, ingredients, product artwork, certifications, facility information, pricing, packaging information, retailer requirements, login access, or other relevant information.

You are responsible for ensuring that information you provide is:

Accurate
Complete
Current
Lawfully obtained
Authorized for us to use
Appropriate for submission to the applicable retailer, distributor, platform, or trading partner

Unless specifically agreed otherwise in writing, CPG Item Setup is not responsible for independently verifying the underlying factual accuracy of information supplied by you or your representatives.

You agree to promptly provide any information, approvals, documentation, or access reasonably necessary for us to complete the requested work.

3. Reliance on Client-Provided Information

Our services frequently involve entering, formatting, transmitting, maintaining, or publishing information supplied by clients.

We may reasonably rely on the accuracy and completeness of information you provide.

CPG Item Setup is not responsible for errors, rejections, delays, losses, or other consequences resulting from inaccurate, incomplete, outdated, misleading, or improperly supplied client information.

If we identify an apparent inconsistency or missing information, we may request clarification, but doing so does not create an obligation to independently audit or verify all client data.

4. Third-Party Platforms and Retailers

Our services may involve third-party systems operated by retailers, distributors, data pools, technology providers, certification systems, or other organizations.

These may include GDSN platforms, retailer portals, distributor systems, GS1 services, compliance platforms, and other third-party systems.

CPG Item Setup does not own or control these systems.

Third parties may change their:

Requirements
Data standards
Validation rules
Interfaces
Fees
Processing times
Policies
Technical functionality
Access requirements without notice to us.

Accordingly, we cannot guarantee that a third-party platform will remain available or operate in a particular manner.

References to third-party companies, retailers, distributors, platforms, or trademarks on our website describe experience or compatibility and do not necessarily imply sponsorship, partnership, endorsement, or affiliation.

5. Publication and Retailer Acceptance

We work to complete item setup and publishing requirements accurately and efficiently. However, submission does not guarantee publication, synchronization, approval, acceptance, listing, distribution, purchase orders, or placement by any retailer, distributor, platform, or trading partner.

Final acceptance may depend on third-party requirements and decisions outside our control.

We do not guarantee that a retailer or distributor will purchase, carry, list, distribute, or continue carrying a client's products.

6. Turnaround Times

Any turnaround time stated on our website, in communications, or in a quote is an estimate unless expressly identified in writing as a guaranteed deadline.

Many straightforward item setup projects may be completed within a relatively short period after all required specifications, artwork, documentation, approvals, and platform access have been received.

Actual completion may be affected by:

Missing or incorrect information
Client response times
Retailer or distributor requirements
Third-party processing times
Platform outages
Validation errors
System synchronization
Changes requested after work begins
Other circumstances outside our reasonable control

CPG Item Setup is not responsible for delays caused by third parties or by incomplete or delayed client information.

7. Expedited Services

Where available, expedited service may require additional fees.

Expedited service means that we will prioritize the applicable work according to the agreed scope. It does not guarantee accelerated processing, approval, synchronization, or publication by third-party retailers, distributors, data pools, or platforms.

8. Platform Access and Credentials

Certain services may require access to accounts or systems controlled by you or a third party.

You authorize CPG Item Setup to access and use accounts, portals, and systems you provide to us solely as reasonably necessary to perform the requested services.

You represent that you have the authority to grant such access.

Where possible, clients should provide dedicated user access rather than sharing primary account credentials.

You remain responsible for maintaining appropriate account security and promptly revoking or modifying access when it is no longer required.

9. Compliance and Traceability Services

CPG Item Setup may assist with entering, organizing, maintaining, or submitting compliance, certification, facility, audit, food-safety, and traceability information through third-party systems.

Unless expressly agreed otherwise in writing, these services are administrative and data-management services.

CPG Item Setup is not a law firm, regulatory authority, certification body, auditing organization, or food-safety consultant, and our services do not constitute legal, regulatory, certification, audit, or food-safety advice.

Clients remain responsible for determining and satisfying the laws, regulations, standards, certifications, audits, and contractual requirements applicable to their products and operations.

10. Fees and Payment

Fees will be communicated through a quote, proposal, invoice, statement of work, or other written communication.

Unless otherwise agreed:

Clients are responsible for paying invoiced amounts according to the stated payment terms.
Additional work outside the agreed scope may require additional fees.
Third-party fees charged by retailers, platforms, data pools, certification organizations, or other providers are not included unless expressly stated.
Work may be paused for overdue invoices.

Any applicable taxes are the client's responsibility unless otherwise required by law.

11. Changes in Scope

Client requests that materially expand or change the agreed scope may require additional fees or revised timelines.

Examples may include additional SKUs, additional retailers, new platforms, substantial data corrections, additional documentation, revised packaging, new product hierarchies, or work required because information originally supplied was incorrect or incomplete.

We will make reasonable efforts to communicate material scope changes before performing significant additional work.

12. Cancellation

Cancellation terms may be specified in the applicable quote, proposal, invoice, or service agreement.

If a project is canceled after work has begun, the client remains responsible for fees associated with work already performed and any non-refundable costs incurred on the client's behalf.

For recurring services, any specific cancellation or notice requirements will be stated in the applicable service agreement.

13. Confidentiality

During an engagement, each party may receive non-public business information belonging to the other.

We will use reasonable care to protect confidential client information and will use such information primarily for providing the requested services and operating our business.

Confidential information does not include information that:

Is publicly available through no wrongful act by us
Was lawfully known to us before disclosure
Is lawfully received from another source without a confidentiality obligation
Is independently developed without use of the confidential information
Must be disclosed pursuant to law or valid legal process

More extensive confidentiality requirements may be established through a separate nondisclosure agreement.

14. Intellectual Property and Client Materials

Clients retain their ownership rights in product artwork, trademarks, product information, specifications, and other materials they provide to us.

You grant CPG Item Setup a limited right to use those materials as reasonably necessary to perform the requested services.

You represent that you have the necessary rights and permissions to provide those materials to us.

Unless otherwise agreed in writing, CPG Item Setup retains ownership of its pre-existing methods, templates, processes, systems, know-how, documentation, and other intellectual property used in performing services.

15. Client Names, Logos, and Testimonials

We will only use client names, logos, product imagery, testimonials, or similar materials for marketing purposes where we have permission or another lawful basis to do so.

Any trademarks displayed remain the property of their respective owners.

16. Website Content

The text, graphics, branding, layout, and other original content on the CPG Item Setup website are owned by or licensed to CPG Item Setup and may be protected by intellectual-property laws.

You may use our website for legitimate business purposes but may not reproduce, distribute, commercially exploit, or misrepresent our content without authorization.

17. No Guarantee of Business Results

While our services are intended to help brands navigate item setup, product-data, retailer, distributor, and compliance workflows, we do not guarantee any particular commercial outcome.

We do not guarantee:

Retailer acceptance
Product placement
Purchase orders
Sales
Revenue
Distribution
Retailer relationships
Continued listings
Specific processing times
Error-free operation of third-party platforms

Business results depend on numerous circumstances outside our control.

18. Disclaimer of Warranties

To the extent permitted by applicable law, our website and services are provided on an “as is” and “as available” basis, except for any express commitments contained in a written service agreement.

We disclaim warranties not expressly provided in writing, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement, to the extent permitted by law.

Nothing in this section limits warranties or rights that cannot lawfully be excluded.

19. Limitation of Liability

To the fullest extent permitted by applicable law, CPG Item Setup and its owners, employees, contractors, and representatives will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising from the website or services, including lost profits, lost revenue, lost business opportunities, loss of data, retailer delays, or third-party platform failures.

To the extent permitted by law, CPG Item Setup's aggregate liability arising from a particular service engagement will not exceed the amount actually paid to CPG Item Setup for the services giving rise to the claim during the six months preceding the event giving rise to the claim.

These limitations apply only to the extent permitted by applicable law.

20. Indemnification

To the extent permitted by law, you agree to indemnify and hold harmless CPG Item Setup and its owners, employees, contractors, and representatives from third-party claims, damages, liabilities, and reasonable costs arising from:

Information or materials supplied by you
Your products or product claims
Your violation of applicable law
Your violation of third-party rights
Unauthorized access you direct us to use
Your material breach of these Terms

This provision does not require indemnification for claims caused by CPG Item Setup's own unlawful conduct to the extent such limitation is prohibited by law.

21. Force Majeure

Neither party will be responsible for delays or failures caused by circumstances reasonably beyond its control, including natural disasters, internet or telecommunications failures, government actions, labor disruptions, cyber incidents, third-party platform outages, or similar events.

22. Termination of Services

We may decline, suspend, or terminate services where reasonably necessary, including for:

Nonpayment
Abusive or unlawful conduct
Fraudulent activity
Security concerns
Requests that violate third-party rules or applicable law
Failure to provide information necessary to perform the work
Material breach of an applicable agreement

Termination does not eliminate payment obligations for work already performed.

23. Privacy

Our collection and use of personal information through the website is described in our Privacy Policy.

24. Governing Law

These Terms will be governed by the laws of California, without regard to its conflict-of-laws principles.

Any dispute arising from these Terms or our services will be subject to the jurisdiction and venue of the courts located in San Bernardino, California, unless otherwise agreed in writing or required by applicable law.

25. Changes to These Terms

We may update these Terms periodically to reflect changes to our services, business practices, or legal requirements.

The revised Terms will be posted on our website with an updated “Last Updated” date.

Changes will apply prospectively unless otherwise permitted by law.

26. Severability

If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions will remain in effect to the extent permitted by law.

27. Entire Agreement

These Terms, together with any applicable quote, proposal, statement of work, invoice terms, service agreement, and Privacy Policy, constitute the agreement governing the applicable services.

Where a separately signed agreement expressly conflicts with these Terms, the separately signed agreement will control with respect to that conflict.

28. Contact Us

Questions regarding these Terms may be directed to:

CPG Item Setup
Email: sales@cpgitemsetup.com
Phone: (909) 200-5130