Terms of service

 

TERMS OF SERVICE

GENERAL INFORMATION

Welcome to PawFrosty! The terms “we,” “us,” and “our” refer to PawFrosty. PawFrosty operates this store and website, including all related information, content, features, tools, products, and services provided to offer you, the customer, a curated shopping experience (the “Services”). PawFrosty is powered by Shopify, which enables us to provide 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 contain 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 to these Terms of Service or our Privacy Policy, you should 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 have given us your consent to allow any of your minor dependents to use the Services on devices that you own, purchase, or control.

To use the Services, including accessing or browsing our online stores or purchasing any products or services we offer, you may be required to provide certain information, such as your email address and billing, payment, and shipping information. You represent and warrant that all information you provide to us 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 associated with 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 product colors or appearance may differ from how they appear on your screen depending on the type of device you use to access the store and its settings.

We do not guarantee that the appearance or quality of any product or service you purchase will meet your expectations or be identical to the way it is displayed or presented in our online store.

All product descriptions may be modified at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products we offer to any person, geographic region, or jurisdiction on an individual basis.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. PawFrosty reserves the right to accept or reject your order for any reason at our sole discretion. Your order will not be accepted until PawFrosty confirms its acceptance. We must receive and process your payment before accepting your order.

You should carefully review your order before completing your purchase, as PawFrosty may not be able to accommodate cancellation requests after an order has been accepted.

If we do not accept, modify, or cancel an order, we will attempt to notify you by contacting you using the email address, billing address, or telephone number you provided when the order was placed.

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 and not for resale or commercial export.

SECTION 4 - PRICES 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 sent to you by email.

Unless expressly stated otherwise, posted prices do not include taxes, shipping, handling, customs duties, or import charges.

Prices displayed in our online store may differ from prices offered in physical stores, other online stores, or other stores operated by third parties.

From time to time, we may offer promotions through the Services that may affect pricing strategies and may be governed by terms and conditions different from these Terms. If there is a conflict between the terms of a promotion and these Terms, the promotion terms will control.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made through 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 necessary.

You represent and warrant that:

  1. The credit card information you provide is true, accurate, and complete;

  2. You are properly authorized to use the credit card for the purchase;

  3. Charges incurred by you will be accepted by your credit card company; and

  4. You will pay all charges incurred at the posted prices, including applicable shipping, handling, and taxes, if any.

SECTION 5 - SHIPPING AND DELIVERY

We are not responsible for shipping or delivery delays. All delivery times are estimates only and are not guaranteed.

We will not be responsible for delays caused by shipping carriers, customs processing, or events beyond our reasonable control.

Once products are transferred to the shipping carrier, title and risk of loss will transfer to you, to the extent permitted by applicable law.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, service marks, text, samples, images, graphics, product reviews, videos, audio, and the design, selection, and arrangement thereof, are owned by PawFrosty, its affiliates, or licensors and are protected by U.S. and foreign patent, copyright, trademark, and other intellectual property laws.

These Terms permit you to use the Services solely for your personal and non-commercial use.

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 should be interpreted as granting you any license or other rights under any patent, trademark, copyright, or other intellectual property of PawFrosty, Shopify, or any third party.

Unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted herein are reserved by PawFrosty.

The PawFrosty name, logo, product and service names, designs, and slogans are trademarks of PawFrosty or its affiliates or licensors. You may not use such trademarks without the prior written permission of PawFrosty.

The Shopify name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans appearing in the Services are trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools that we neither monitor nor have control over or input into.

You acknowledge and agree that we provide access to such tools “as is” and “as available,” without warranties, representations, or conditions of any kind and without any endorsement.

We shall have no liability arising from or related to your use of optional third-party tools.

Any use of optional tools offered through the site is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms under which such tools are provided by the relevant third-party providers.

We may also, in the future, offer new features through the Services, including the release of new tools and resources. Such new features will also be considered part of the Services and will 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 third-party embedded functionality.

We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites that you choose to access.

If you decide to leave the Services to access third-party materials or websites, you do so at your own risk.

We shall not be responsible for any harm or damages related to your access to third-party websites or your purchase or use of any products, services, resources, or content available through third-party websites.

Please carefully review 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 and services should be directed to the third party.

SECTION 9 - SHOPIFY RELATIONSHIP

PawFrosty operates using Shopify's technology, which enables us to provide the Services.

However, any sale or purchase you make through our store is made directly with PawFrosty.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and PawFrosty, including any injury, damage, or loss resulting from the purchase of products or services.

You expressly release Shopify and its affiliates from any claims, damages, and liabilities arising from or related to your purchase and transaction with PawFrosty.

SECTION 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, which can be found here [LINK]. Certain personal information may also be subject to Shopify's Privacy Policy, which can be found here: [LINK].

By using the Services, you acknowledge that you have read these Privacy 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 the Services.

Information you submit through the Services may be transmitted to and shared with Shopify, as well as with third parties that may be located in countries other than your country of residence, for the purpose of providing the Services.

Please review our Privacy Policy [LINK] for more information about how we, Shopify, and our partners use your information.

SECTION 11 - COMMENTS

If you submit, upload, post, email, or otherwise transmit 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 medium for any purpose, including commercial purposes.

For example, we may use our rights under this license to operate, provide, evaluate, improve, optimize, and promote the Services and to comply with our obligations and exercise our rights under these Terms of Service.

You also represent and warrant that:

  1. You own or have all necessary rights to the Comments you submit;

  2. You have disclosed any compensation or incentive received in connection with submitting your Comments; and

  3. Your Comments comply with these Terms.

We have no obligation to maintain the confidentiality of your Comments, pay compensation for your Comments, or respond to your Comments.

We may, but are not obligated to, monitor, edit, or remove Comments that we determine, in our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, otherwise objectionable, or that violate any party's intellectual property rights or these Terms of Service.

You agree that your Comments will not infringe upon any third-party rights, including copyright, trademark, privacy, publicity, or other personal or proprietary rights.

You further agree that your Comments will not contain defamatory, unlawful, abusive, or obscene material, or contain any computer virus or other malware that could affect the operation of the Services or any related website.

You may not use a false email address, impersonate another person, or otherwise mislead us or third parties as to the origin of any Comments.

You are solely responsible for any Comments you make and their accuracy. We assume no responsibility or liability for any Comments posted by you or any third party.

SECTION 12 - ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on or within the Services that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, 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 unlawful or malicious purpose;

(b) to violate any international, federal, state, provincial, or local regulation, rule, law, or ordinance;

(c) to infringe or violate our intellectual property rights or the intellectual property rights of others;

(d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against our employees or any other person;

(e) to submit false or misleading information;

(f) to knowingly upload, download, transmit, use, or reuse any material that does not comply with these Terms;

(g) to transmit or procure the sending of advertising or promotional material, including spam, chain letters, or similar solicitations;

(h) to impersonate or attempt to impersonate another person or entity; or

(i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or that, as determined by us, may harm PawFrosty, Shopify, or users of the Services, or expose them to liability.

You further agree not to:

(a) upload or transmit viruses or any other malicious code that may affect the functionality or operation of the Services;

(b) reproduce, duplicate, copy, extract, sell, resell, or exploit any portion of the Services;

(c) collect or track the personal information of others;

(d) spam, phish, pharm, pretext, spider, crawl, or scrape;

(e) use robots, spiders, scraping tools, data-gathering or extraction tools, artificial intelligence tools, including agentic AI, or other automated or manual means to access the Services; or

(f) interfere with, circumvent, or bypass security or authorization features, robot exclusion headers, or other measures we use to restrict access to the Services.

We reserve the right to suspend, disable, or terminate your account at any time without notice if we determine that you have violated any part of these Terms.

SECTION 14 - AGENTS

14.1

This section (“Agent Terms”) applies if you use, allow, enable, or cause an Agent to access, use, or interact with any Service.

“Agent” means any software or service that performs autonomous or semi-autonomous actions on behalf of or at the direction of any person or entity and that may operate on behalf of or using the person's device without direct supervision.

14.2

No Agent may access, use, or interact with the Services unless, at all times, it identifies itself and operates in strict accordance with the requirements of Section 14.4 below.

In addition, no Agent may access, use, or interact with the Services if we have requested that the Agent refrain from accessing or interacting with any Service.

14.3

We may limit, including through technical measures, the access, use, and interaction of any Agent with the Services and how it does so.

14.4

Agents must:

(i) identify in every HTTP/HTTPS request that the request originates from an Agent and disclose the Agent's name by including the following in the user-agent field of the request: “Agent/[agent name]”;

(ii) not conceal or create confusion regarding whether access, use, or interaction originates from an Agent, including by imitating human behavior or interaction patterns or completing or bypassing CAPTCHAs or measures designed to distinguish computer use from human use;

(iii) truthfully respond to any question or instruction intended to determine whether interactions originate from a human or a computer; and

(iv) not bypass or otherwise avoid any measure intended to block, limit, modify, or control whether Agents access, use, or interact with the Services and how they do so.

SECTION 15 - TERMINATION

We may terminate this agreement or your access to the Services, or any portion thereof, at our sole discretion at any time without notice.

You will remain responsible for all amounts owed through the date of termination.

The following sections will survive any termination: Intellectual Property, Comments, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 16 - DISCLAIMER OF WARRANTIES

The information presented on or through the Services is provided for general informational purposes only.

We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance