Terms of service
GENERAL INFORMATION
Welcome to CuddlyPup! The terms “we”, “us”, and “our” refer to CuddlyPup. CuddlyPup operates this store and website, including all related information, content, features, tools, products, and services to provide you, the customer, with a curated shopping experience (the “Services”). CuddlyPup is powered by Shopify, which enables us to offer you the Services.
The following terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”), describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranties, disclaimers, and limitations of liability.
By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree, you must not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and that you have given us your consent to allow any of your minor dependents to use the Services on devices that you own, purchase, or manage.
To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information such as your email address, billing information, payment details, and shipping information. You represent and warrant that all information you provide in our store is accurate, current, and complete, and that you have all necessary rights to provide such information.
You are solely responsible for maintaining the security of your account credentials and for all activity that occurs under your account. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 - OUR PRODUCTS
We have made every effort to display our products and services as accurately as possible in our online store. However, please note that colors or the appearance of a product may differ depending on the type of device you use to access the store and your device settings.
We do not guarantee that the appearance or quality of any product or service you purchase will meet your expectations or match exactly how it is displayed or presented in our online store.
All product descriptions may be changed at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit quantities of any product we offer to any person, geographic region, or jurisdiction on a case-by-case basis.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. CuddlyPup reserves the right to accept or reject your order for any reason at its sole discretion. Your order will not be accepted until CuddlyPup confirms acceptance. We must receive and process your payment before accepting your order.
You should carefully review your order before submitting it, as CuddlyPup may not be able to accommodate cancellation requests after an order has been accepted. If we do not accept, change, or cancel an order, we will attempt to notify you by contacting you via the email address, billing address, or phone number provided at the time the order was made.
You may return or exchange your purchase only in accordance with our refund policy [LINK].
You represent and warrant that your purchase is for personal or household use only and not for resale or commercial export.
SECTION 4 - PRICING AND BILLING
Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be stated in the order confirmation email sent to you. Unless expressly stated otherwise, published prices do not include taxes, shipping, handling, customs duties, or import charges.
Prices listed in our online store may differ from prices offered in physical stores or other online stores operated by third parties. We may occasionally offer promotions that affect pricing and are governed by separate terms and conditions. If there is a conflict between promotional terms and these Terms, the promotional terms will prevail.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, correct, and complete; (ii) you are duly authorized to use such credit card for the purchase; (iii) charges incurred by you will be honored by your credit card company; and (iv) you will pay all charges incurred at the posted prices, including shipping, handling, and all applicable taxes, if any.
SECTION 5 - SHIPPING AND DELIVERY
We are not responsible for any delays in shipping and delivery. All delivery times are estimates only and are not guaranteed. We will not be liable for delays caused by carriers, customs processing, or events beyond our control.
Once we transfer the products to the carrier, title and risk of loss pass to you.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, samples, images, graphics, product reviews, videos, and audio, and the design, selection, and arrangement thereof, are owned by CuddlyPup, its affiliates, or licensors and are protected by U.S. and international patents, copyrights, and other intellectual property laws.
These Terms allow you to use the Services for personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material from the Services without our prior written consent.
Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting you any license or other rights under any patent, trademark, copyright, or other intellectual property of CuddlyPup, Shopify, or any third party. Unauthorized use of the Services may violate intellectual property laws. All rights not expressly granted are reserved by CuddlyPup.
The names, logos, product and service names, designs, and slogans of CuddlyPup are trademarks of CuddlyPup or its affiliates or licensors. You must not use such trademarks without prior written permission. Shopify’s name, logo, and related elements are trademarks of Shopify. All other names and marks belong to their respective owners.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to customer tools offered by third parties as part of the Services, which we do not monitor and over which we have no control or input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which such tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be considered part of the Services and shall be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third-party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access.
If you decide to leave the Services to access third-party materials or sites, you do so at your own risk.
We shall not be liable for any harm or damages related to your access to any third-party website, or your purchase or use of any products, services, resources, or content on such websites. Please review carefully the third-party’s policies and practices and make sure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
[NOTE TO MERCHANT: this section accurately describes Shopify’s relationship with your store and must not be deleted or modified.]
CuddlyPup operates using Shopify’s technology, which allows us to provide you with the Services. However, any sale or purchase made in our store is conducted directly with CuddlyPup.
By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and CuddlyPup, including any injury, damage, or loss resulting from products or services purchased.
You hereby expressly release Shopify and its affiliates from any and all claims, damages, and liabilities arising from or related to your purchase and transaction with CuddlyPup.
SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK], and certain personal information may also be subject to Shopify’s Privacy Policy. By using the Services, you acknowledge that you have read these policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information regarding your access to and use of the Services in order to provide and improve our Services.
Information you submit to the Services will be transmitted to and shared with Shopify, as well as with third parties who may be located in countries other than where you reside, in order to provide you with services. Please review our Privacy Policy [LINK] for more details on how we, Shopify, and our partners use your personal information.
SECTION 11 - COMMENTS
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, comments, reviews, proposals, plans, or other content (collectively, “comments”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such comments in any media for any purpose, including commercial use.
We may use these rights, for example, to operate, provide, evaluate, improve, optimize, and promote the Services and to fulfill our obligations and exercise our rights under these Terms of Service.
You also represent and warrant that: (i) you own or have all necessary rights to the comments; (ii) you have disclosed any compensation received in connection with the comments; and (iii) your comments comply with these Terms.
We are not obligated to (1) maintain any comments in confidence; (2) pay compensation for any comments; or (3) respond to any comments.
We may, but are not obligated to, monitor, edit, or remove content that we determine, in our sole discretion, to be unlawful, offensive, threatening, defamatory, obscene, or otherwise objectionable or that violates any party’s intellectual property or these Terms.
You agree that your comments will not violate any rights of any third party, including copyright, trademark, privacy, or other personal or proprietary rights. You further agree that your comments will not contain unlawful, abusive, or obscene material, or any malware that could affect the Services.
You may not use a false email address, pretend to be someone else, or mislead us or others as to the origin of any comments. You are solely responsible for your comments and their accuracy. We take no responsibility for comments posted by you or any third party.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing strategies, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).
SECTION 13 - PROHIBITED USES
You may access and use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly: (a) for any illegal or malicious purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to submit false or misleading information; (f) to upload or transmit any material that does not comply with these Terms; (g) to transmit or procure the sending of any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation; (h) to impersonate or attempt to impersonate another person or entity; or (i) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm CuddlyPup, Shopify, or users of the Services, or expose them to liability.
Additionally, you agree not to: (a) upload or transmit viruses or any other type of malicious code that may affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (c) collect or track personal information of others; (d) spam, phish, pharm, pretext, spider, crawl, or scrape; (e) use any robot, spider, scraping, data mining tools, artificial intelligence tools (such as agentic AI), or other automated or manual means to access the Services; or (f) interfere with or circumvent security features. We reserve the right to terminate your use if you violate these Terms.
SECTION 14 - AGENTS
14.1 This section (“Agent Terms”) applies if you use or enable any Agent to interact with the Services. An “Agent” is any software or service that performs autonomous or semi-autonomous actions on behalf of a person.
14.2 Agents may not access the Services unless they comply with these Terms.
14.3 We may limit Agent access using technical measures.
14.4 Agents must:
(i) identify themselves in requests as “Agent/[name]”;
(ii) not disguise themselves as human users;
(iii) respond truthfully if asked whether they are human or automated;
(iv) not bypass any restrictions.
SECTION 15 - TERMINATION
We may terminate your access at any time without notice. You remain responsible for any outstanding payments.
The following sections survive termination: Intellectual Property, Comments, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and others that should survive.
SECTION 16 - DISCLAIMER OF WARRANTIES
The information provided through the Services is for general informational purposes only. We do not guarantee its accuracy or usefulness.
UNLESS OTHERWISE EXPRESSLY STATED, THE SERVICES AND PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.
WE DO NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS, SO THESE MAY NOT APPLY TO YOU.
SECTION 17 - LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CUDDLYPUP, ITS PARTNERS, EMPLOYEES, OR AFFILIATES BE LIABLE FOR ANY DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR REVENUE, ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS, EVEN IF ADVISED OF THE POSSIBILITY.
SECTION 18 - INDEMNIFICATION
You agree to indemnify and hold harmless CuddlyPup, Shopify, and affiliates from any claims, damages, or expenses (including legal fees) arising from:
(1) your breach of these Terms;
(2) violation of any law;
(3) your use of the Services.
We will notify you of any such claim and may control the defense.
SECTION 19 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service; such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 20 - WAIVER; ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 21 - ASSIGNMENT
You may not delegate, transfer or assign this agreement or any of your rights or obligations under these Terms without our prior written consent, and any attempt to do so will be null and void.
We may transfer, assign or delegate these Terms and our rights and obligations without your consent or notice.
SECTION 22 - 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 federal, state or territorial courts of the jurisdiction in which CuddlyPup is headquartered. You and CuddlyPup consent to the jurisdiction and personal venue of such courts.
SECTION 23 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 24 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes.
We will notify you of any material changes to these Terms as required by applicable law, and such changes will take effect on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.
SECTION 25 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to cuddleepup@gmail.com.
Our contact information is provided below:
cuddleepup@gmail.com