Terms of Service

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

The following terms and conditions, along with all policies cited therein (the "Terms of Service" or "Terms"), describe your rights and responsibilities when using the Services.

Please read these Terms of Service carefully, as they include important information regarding your legal rights and cover areas such as disclaimers and limitations of liability.

By viewing, interacting with, or using our Services, you agree to comply with these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or the Privacy Policy, you must not use our Services.

SECTION 1: ACCESS AND ACCOUNT
By accepting 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 utilize the services, including accessing our online stores, browsing them, or purchasing any product or service we offer, you may be requested to provide certain data, such as your email address, billing address, payment method, and shipping address. You represent and warrant that all information you provide in your stores is accurate, current, and complete, and that you possess all necessary rights to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all activity occurring under your account. You may not transfer, sell, or assign your account to any other person, nor may you grant any licenses associated with said account.

SECTION 2: OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online stores. However, please be aware 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 specific settings.
We do not guarantee that the appearance or quality of the products or services you purchase will meet your expectations or be identical to those shown in our online stores.
All product descriptions are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time, and we may limit the quantities of products offered to any person, geographic region, or jurisdiction as the case may be.

SECTION 3: ORDERS
When you place an order, you are making an offer to purchase. SomniaDrop reserves the right to accept or reject your order for any reason at its sole discretion. Your order is not accepted until SomniaDrop confirms acceptance. We must receive and process your payment for your order to be accepted. Please review your order thoroughly before submission, as SomniaDrop may be unable to accommodate cancellation requests once an order has been accepted. In the event that we do not accept, modify in any way, or cancel an order, we will attempt to notify you via the email, billing address, or phone number provided at the time the order was placed.
Your purchases are subject to returns or exchanges only in accordance with our Refund Policy [LINK].
You represent and warrant that your purchases are solely for personal or household use and not for resale or export for commercial purposes.

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 set out in the order confirmation email you receive. Unless expressly stated otherwise, published prices do not include charges for taxes, shipping, handling, customs clearance, or import duties.
The prices published on our online stores may differ from those offered in physical stores, online, or other types of stores managed by third parties. From time to time, we may offer promotions for the Services that may affect pricing and are governed by terms and conditions separate from these Terms. If a conflict exists between the terms of a promotion and these Terms, the terms of the promotion shall prevail.
For all purchases made at our stores, you agree to provide current, complete, and accurate purchase, payment, and account information. You agree to promptly update your account and other information, including your email address and 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 provided is true, correct, and complete; (ii) you are duly authorized to use said credit card for the purchase; (iii) your credit card company will honor the charges incurred by you; and (iv) you will pay the charges incurred at the posted prices, including shipping and handling charges and applicable taxes, if any.

SECTION 5. SHIPPING AND DELIVERY
We shall not be held liable for delays in shipping and delivery. All delivery timeframes are provided as estimates only and are not guaranteed. We accept no responsibility for delays caused by shipping carriers, customs processing, or events beyond our control. Upon delivery of the products to the carrier, title and risk of loss shall pass to you.

SECTION 6: INTELLECTUAL PROPERTY
Our Services, including, but not limited to, trademarks, brands, text, samples, images, graphics, product reviews, video and audio, as well as the design, selection, and arrangement thereof, are the property of SomniaDrop, its affiliates, or licensors and are protected by United States and foreign copyright and other intellectual property laws.
These terms permit you to use the Services solely for personal, non-commercial purposes. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material included in the Services without our prior written consent. Except as expressly set forth herein, no part of these Terms grants, or shall be construed as granting, a license or any other right to you regarding patents, trademarks, copyrights, or any other form of intellectual property of SomniaDrop, Shopify, or third parties. Unauthorized use of the Services may constitute a violation of federal and state intellectual property laws. SomniaDrop reserves all rights not expressly granted herein.
SomniaDrop names, logos, product and service names, designs, and slogans are trademarks of SomniaDrop, its affiliates, or its licensors. You must not use such trademarks without the prior written consent of SomniaDrop. 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 on the Services are the trademarks of their respective owners.

SECTION 7: OPTIONAL TOOLS
As part of the Services, you may be provided with access to third-party client tools over which we exercise no supervision, control, or collaboration.
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.
At your sole discretion, you assume all risk for your use of optional third-party tools offered through the site, and you must ensure that you are familiar with and approve of the terms under which these 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 shall 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 managed by third parties (including any embedded third-party functionality). We are not responsible for examining or evaluating, nor for the accuracy of, third-party materials or websites that you choose to access. If you decide to leave the Services to access these materials or third-party sites, you do so at your own risk.
We are not liable for any harm or damages related to your access to third-party websites or your purchase or use of products, services, or resources from third-party websites. Please review the policies and practices of third parties carefully and ensure 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: RELATIONSHIP WITH SHOPIFY
[MERCHANT NOTE: This section accurately characterizes Shopify's relationship with your store and must not be removed or modified].
SomniaDrop is powered by Shopify technology, which allows us to provide the Services to you. However, any sale and purchase you make in our store is conducted directly with SomniaDrop. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales that take place between you and SomniaDrop, including injuries, damages, or losses caused by the products and services purchased. You hereby expressly release Shopify and its affiliates from any claims, damages, and liabilities arising from or relating to your purchases and transactions with SomniaDrop.

SECTION 10: PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be found here [LINK], and certain personal information may be subject to Shopify's Privacy Policy, which can be found hereBy using the Services, you acknowledge that you have read these privacy policies.
Since the Services are hosted on Shopify, Shopify collects and processes personal information related to your access and use of the Services in order to provide and improve the Services for you. For the purpose of providing services to you, the information you submit to the Services will be transmitted to and shared with Shopify and third parties that may be located in countries other than your country of residence. For more information on how we, Shopify, and our partners use your personal information, please review our Privacy Policy [LINK].

SECTION 11: COMMENTS
If you send, upload, post, email, or otherwise transmit ideas, suggestions, comments, reviews, proposals, plans, or other content (collectively, "Comments"), you grant us a perpetual, worldwide, sublicensable, and royalty-free license to use, reproduce, modify, publish, distribute, and display such Comments in any medium and for any purpose, including commercial use. For example, we may exercise our rights under this license to operate, provide, evaluate, optimize, improve, and promote the Services, and to fulfill our obligations and enforce our rights under the Terms of Service.
You also represent and warrant that: (i) you possess all necessary rights to all Comments; (ii) you have disclosed any compensation or incentives received in connection with your submission of the Comments; and (iii) your Comments will comply with these Terms. We are not, and shall not be, under any obligation to (1) maintain any Comments in confidence; (2) provide compensation for any Comments; or (3) respond to any Comments.
We may, but have no obligation to, monitor, edit, or remove Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, 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 take no responsibility and assume no liability for any Comments posted by you or any third party.

SECTION 12: ERRORS, INACCURACIES, AND OMISSIONS
From time to time, there may be information on or within the Services that contains typographical errors, inaccuracies, or omissions related 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 illegal or malicious purpose; (b) to violate any international, federal, provincial, or state regulations, 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, or intimidate our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or reuse any material that does not comply with these Terms; (g) to transmit or procure the sending of "junk mail," "chain letters," "spam," or any other similar content; (h) to impersonate or attempt to impersonate any other person or entity; (i) to 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 PawlySoft, Shopify, or users of the Services, or expose them to liability.
In turn, you agree not to do the following: (a) upload or transmit viruses or any other type of malicious code that is or may be used in any way that affects the functionality or provision of the Services; (b) reproduce, duplicate, copy, 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; or (e) interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to suspend, deactivate, or terminate your account at any time without prior notice if we determine that you have violated any part of these Terms.

SECTION 14: TERMINATION
We may terminate this agreement or suspend your access to the Services (or any part thereof) at our sole discretion at any time without prior notice, and you shall remain liable for all amounts due up to and including the date of termination.
The following sections shall survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provision which by its nature survives termination.

SECTION 15: DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
UNLESS EXPRESSLY STATED BY SomniaDrop, 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, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE OR REPRESENT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, THEREFORE THIS DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 16: LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL SomniaDrop, OUR PARTNERS, DIRECTORS, OFFICERS, AFFILIATED EMPLOYEES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, NOR THOSE OF SHOPIFY AND ITS AFFILIATES, 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, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR DAMAGES OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

SECTION 17: INDEMNIFICATION
You agree to indemnify, defend, and hold harmless SomniaDrop, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any loss, damage, liability, or claim, including the cost of reasonable attorney fees, payable to any third party as a result of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.
We shall notify you of any claim subject to indemnification, provided that any failure to provide prompt notification shall not relieve you of your obligations unless you have suffered significant prejudice. We may control the defense and settlement of such claim at your expense, including the selection of counsel, but we shall not settle any claims imposing non-monetary obligations upon you without your consent (not to be unreasonably withheld). You shall cooperate in the defense of indemnified claims, for example, by providing relevant documents.

SECTION 18: SEVERABILITY
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 of Service; such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 19: WAIVER; ENTIRE AGREEMENT
Our failure 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, governing your use of the Service and 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 20: ASSIGNMENT
You may not delegate, transfer, or assign this Agreement or your rights or obligations under these Terms without our prior written consent, and any attempt to do so shall be deemed null and void. We may transfer, assign, or delegate these Terms along with our corresponding rights and obligations without your consent or notice to you.

SECTION 21: CURRENT LEGISLATION
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the federal and state or territorial courts of the jurisdiction to which PawlySoft belongs. You and PawlySoft hereby submit to the venue and jurisdiction of said courts.

SECTION 22: HEADERS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 23: CHANGES TO THE 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 in accordance with applicable law, and such changes will become effective as of the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 24: CONTACT INFORMATION
Any questions regarding the SomniaDrop Terms of Service should be sent to us
Our contact information is published below:
SomniaDrop

Contacto@somniadrop.com