Terms of service

Terms of Service

Last updated: June 18, 2026

OVERVIEW

Welcome to CubSoftly! The terms "we", "us" and "our" refer to CubSoftly. CubSoftly operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). CubSoftly is powered by Shopify, which enables us to provide the Services to you.

The below 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 warranty 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. If you do not agree to these Terms of Service or 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 you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage. Furthermore, you acknowledge that the Services and products are intended strictly for purchase by adults and we do not knowingly market to or collect data from children under the age of 13.

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, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information. You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - PRODUCTS, PRODUCT SAFETY & HYGIENE LIMITATIONS

We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to your device settings and configuration. We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations. All descriptions of products are subject to change at any time without notice at our sole discretion.

IMPORTANT INFANT SAFETY, PRODUCT LIABILITY & MEDICAL DISCLAIMER (READ CAREFULLY): BY PURCHASING AND USING OUR PRODUCTS, INCLUDING BUT NOT LIMITED TO THE CUB PILLOW, CUB HAT, CUB TRIMMER, CUB KNEE PADS, AND CUB TEETHER, YOU EXPRESSLY ACKNOWLEDGE AND AGREE TO THE FOLLOWING:

  1. ACTIVE PLAYTIME USE ONLY: ALL PRODUCTS MUST STRICTLY BE USED UNDER CONTINUOUS, DIRECT, AND UNINTERRUPTED ADULT SUPERVISION AT ALL TIMES. NEVER LEAVE A CHILD UNATTENDED WITH ANY PRODUCT.

  2. NOT FOR SLEEPING / NO CRIB USE: THE CUB PILLOW AND CUB HAT ARE DESIGNED EXCLUSIVELY AS SAFETY WEARABLES FOR DAYTIME, ACTIVE PROTECTION WHILE WALKING OR CRAWLING. THEY ARE NOT SLEEPING PILLOWS, HATS, OR BEDDING ITEMS. NEVER ALLOW A CHILD TO SLEEP OR NAP WITH THESE PRODUCTS, AND NEVER PLACE THESE PRODUCTS INSIDE A CRIB, BASSINET, PLAYPEN, OR BED.

  3. NOT MEDICAL DEVICES: OUR PRODUCTS ARE PROTECTIVE AND COMFORT AIDS ONLY. THEY ARE NOT MEDICAL DEVICES, THEY DO NOT PREVENT, TREAT, OR CURE ANY MEDICAL CONDITION, AND THEY ARE NOT A SUBSTITUTE FOR PROPER PARENTAL CARE, SAFE SLEEP PRACTICES, OR RESPONSIBLE CAREGIVING.

  4. INSPECTION REQUIRED: IT IS THE SOLE RESPONSIBILITY OF THE PARENT, GUARDIAN, OR CAREGIVER TO INSPECT THE PRODUCT BEFORE EACH AND EVERY USE FOR ANY WEAR, TEAR, LOOSE PARTS, OR DEFECTS. DISCONTINUE USE IMMEDIATELY IF THE PRODUCT BECOMES DAMAGED.

  5. LIMITATION OF LIABILITY: CUBSOFTLY, ITS OWNERS, AND DISTRIBUTORS EXPRESSLY DISCLAIM ANY AND ALL LIABILITY FOR INJURIES, ACCIDENTS, CHOKING, SUFFOCATION, COMPLICATIONS, OR DAMAGES RESULTING FROM UNSUPERVISED USE, IMPROPER APPLICATION, PRODUCT ALTERATION, OR CAREGIVER NEGLIGENCE. YOU ASSUME ALL RISKS ASSOCIATED WITH THE USE OF THE PRODUCTS.

HYGIENE EXCEPTION: Due to the sanitary, personal, and public health nature of infant and baby care products, items that have been unsealed, opened, or used cannot be returned or exchanged due to health protection and public hygiene standards, unless proven to have arrived damaged from the manufacturer.

SECTION 2.1 - CALIFORNIA PROPOSITION 65 WARNING

WARNING: Some products, components, or packaging materials available on this website and shipped to customers may contain chemicals known to the State of California to cause cancer, birth defects, or other reproductive harm. For more information, go to www.P65Warnings.ca.gov. By purchasing products from CubSoftly, California residents explicitly acknowledge, understand, and agree to this notice prior to finalizing any transaction.

SECTION 3 - ORDERS AND CANCELLATIONS

When you place an order, you are making an offer to purchase. CubSoftly reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until CubSoftly confirms acceptance. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting. Because our fulfillment processes are automated and deployed immediately to global logistics lines, we are unable to accommodate or guarantee cancellation or modification requests after an order is accepted. In the event that we cancel or alter an order, we will attempt to notify you via the email or phone number provided. Your purchases are subject to return or exchange solely in accordance with our Refund Policy. You represent and warrant that your purchases are for your own personal or household use and not for commercial resale.

SECTION 4 - PRICES AND BILLING

Prices, discounts and promotions are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed. Unless otherwise stated, posted prices do not include local taxes, international shipping, handling, customs or import duties that may be applied by your country's customs authority.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases. You represent and warrant that (i) the payment information you provide is true and complete, (ii) you are duly authorized to use such payment method, and (iii) charges incurred by you will be honored by your credit card or payment company.

SECTION 5 - SHIPPING, DELIVERY AND FTC COMPLIANCE

We utilize international fulfillment networks to dispatch orders directly from manufacturing hubs to your destination. While we make every effort to deliver within promised timelines, all delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control.

In compliance with the U.S. Federal Trade Commission (FTC) Mail or Telephone Order Merchandise Rule, if a substantial logistical delay occurs beyond our estimated window, we will notify you via email regarding the new estimated shipping date and, where required, offer you the option to either consent to the delay or cancel your order for a full, immediate refund. Once our supplier transfers products to the commercial carrier, legal title and risk of physical loss passes entirely to you, the customer.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, are owned by CubSoftly, its affiliates or licensors and are protected by international patent, copyright and intellectual property laws. These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, or scrape any material on the Services without our prior written consent.

SECTION 7 - OPTIONAL TOOLS & THIRD-PARTY LINKS

You may be provided with access to customer tools offered by third parties (such as order tracking mechanisms) or hyperlinks to external websites which we neither monitor nor control. You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, conditions, or endorsements. Any use by you of optional third-party platforms is entirely at your own risk.

SECTION 8 - RELATIONSHIP WITH SHOPIFY

CubSoftly is hosted by Shopify, which provides the e-commerce infrastructure enabling us to offer the Services to you. By using the Services, you acknowledge and agree that Shopify is completely independent and is not responsible for any aspect of the sales or transactions between you and CubSoftly, including any injury, damage, or loss resulting from purchased products. You hereby expressly release Shopify and its affiliates from all claims and liabilities related to your interactions with our store.

SECTION 9 - DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY

EXCEPT AS EXPRESSLY STATED BY CUBSOFTLY, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL CUBSOFTLY, OUR OWNERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR SERVICE PROVIDERS, OR THOSE OF SHOPIFY, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, WRONGFUL DEATH, PHYSICAL HARM, LOST PROFITS, REVENUE, SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE PLATFORM, REGARDLESS OF WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.

SECTION 10 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless CubSoftly, Shopify, and our affiliates, partners, and contractors from any losses, damages, liabilities or claims, including reasonable attorneys' fees, made by any third party due to or arising out of (1) your breach of these Terms of Service, (2) your violation of any law or the rights of a third party, or (3) your misuse or negligent use of our products.

SECTION 11 - SEVERABILITY & ENTIRE AGREEMENT

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, without affecting the validity and enforceability of any other remaining provisions.

These Terms of Service and any policies operating on this site constitute the entire agreement and understanding between you and us, superseding any prior versions of the Terms of Service.

SECTION 12 - 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 Delaware, United States, without regard to conflict of laws principles. Any legal disputes arising directly or indirectly from these Terms shall be submitted exclusively to the competent courts of said jurisdiction.

SECTION 13 - 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, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. Your continued use of or access to the Services following the posting of any changes constitutes definitive acceptance of those changes.

SECTION 14 - CONTACT INFORMATION

Questions about the Terms of Service or official legal inquiries should be sent to us exclusively through our official electronic channel:

Official Email: cubsoftly@gmail.com