Terms of Service

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.

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 & MISUSE NOTICE: Our products, including but not limited to the Cub Pillow, Cub Hat, Cub Trimmer, Cub Knee Pads, and Cub Teether, must strictly be used under continuous and direct adult supervision. By purchasing our items, you acknowledge and agree that it is the sole responsibility of the parent, guardian, or caregiver to inspect the product before each use for any wear, damage, or defects. CubSoftly disclaims any and all liability for injuries, complications, or damages resulting from unsupervised use, improper application, or negligence.

HYGIENE EXCEPTION: Due to the sanitary and personal 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 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 RISK OF LOSS

We utilize international fulfillment networks to dispatch orders directly from manufacturing hubs to your destination. We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, import audits, or events outside our control. 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, 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.

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 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