TERMS OF SERVICE

OVERVIEW

Welcome to BrightAsDay! The terms “we”, “us” and “our” refer to BrightAsDay. BrightAsDay 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”). BrightAsDay is powered by Shopify, which enables us to provide the Services to you.

The terms and conditions below, 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 store 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 information you provide 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 - OUR PRODUCTS

We have made every effort to provide an accurate representation of our products and services in our online store. However, colors or product appearance may differ from how they appear on your screen due to the type of device you use and your device settings and configuration.

We do not warrant that the appearance of any product will be identical to how it appears on your screen.

All descriptions of products 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 may limit the quantities of products offered to any person, geographic region or jurisdiction, subject to applicable law.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. BrightAsDay reserves the right to accept or decline your order, subject to applicable law. Your order is not accepted until BrightAsDay confirms acceptance. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting it. If you request a cancellation after an order has been accepted, we will make reasonable efforts to accommodate your request, but cancellation may not always be possible once processing or fulfillment has begun.

If we do not accept, make a change to, or cancel an order, we will attempt to notify you using the email address, billing information, and/or phone number provided when the order was placed.

Purchases, returns and exchanges are subject to our Refund Policy.

You represent and warrant that your purchases are for your own personal or household use and not for unauthorized commercial resale or 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 displayed during checkout and/or in your order confirmation.

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

We may offer promotions from time to time that are governed by separate terms and conditions. If there is a conflict between the terms of a promotion and these Terms, the promotion-specific terms will govern with respect to that promotion.

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 information as necessary so that we can complete transactions and contact you when needed.

You represent and warrant that the payment information you provide is accurate and that you are authorized to use the selected payment method.

SECTION 5 - SHIPPING AND DELIVERY

Delivery times provided by BrightAsDay are estimates unless expressly stated otherwise. Shipping times may be affected by carriers, customs processing, high demand, weather conditions, or other circumstances outside our reasonable control.

We will make reasonable efforts to ensure that orders are processed and delivered within the estimated timeframe.

Nothing in this section limits any rights you may have under applicable consumer protection laws.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to trademarks, brands, text, displays, images, graphics, product reviews, video, audio, and the design, selection and arrangement thereof, are owned by BrightAsDay, its affiliates, licensors, or other applicable rights holders and are protected by applicable 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 from, publicly display, publicly perform, republish, download, store, or transmit material from the Services except as permitted by law or with prior written authorization from the applicable rights holder.

Except as expressly provided herein, nothing in these Terms grants you a license or other rights under any patent, trademark, copyright, or other intellectual property belonging to BrightAsDay, Shopify, or any third party.

BrightAsDay’s names, logos, product and service names, designs, and slogans are trademarks or other intellectual property of BrightAsDay or their respective owners. Shopify’s name, logo, product and service names, designs and slogans are trademarks of Shopify. Other names, logos, products, designs and slogans appearing through the Services may be trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS

You may be provided with access to tools or services offered by third parties as part of the Services, which we may neither monitor nor control.

You acknowledge that third-party tools may be provided “as is” and “as available” and may be subject to separate terms and privacy policies.

Any use of optional third-party tools is at your own discretion, and you should ensure that you understand and agree to the terms provided by the relevant third-party provider.

We may also offer new features through the Services in the future. Such features will be considered part of the Services and will be subject to these Terms unless otherwise stated.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties, including embedded third-party functionality.

We are not responsible for the content, accuracy, availability or practices of third-party websites or services.

If you choose to access a third-party website, you should review its policies and terms before engaging in any transaction or providing personal information.

Complaints, claims, concerns or questions regarding third-party products and services should generally be directed to the relevant third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

BrightAsDay is powered by Shopify, which enables us to provide the Services to you. However, sales and purchases made through our store are made directly with BrightAsDay.

By using the Services, you acknowledge that Shopify is a technology provider supporting the operation of the store and is not the seller of products offered by BrightAsDay.

To the extent permitted by applicable law, Shopify and its affiliates are not responsible for claims, damages or liabilities arising directly from products sold by BrightAsDay.

SECTION 10 - PRIVACY POLICY

Personal information collected through the Services is processed in accordance with our Privacy Policy.

Because the Services are hosted by Shopify, Shopify may collect and process personal information relating to your access to and use of the Services in order to provide its platform and related services.

Information submitted through the Services may also be processed by service providers and other third parties that assist us in operating our business, processing payments, fulfilling orders, providing customer support, performing analytics, marketing, or otherwise providing the Services.

Please review our Privacy Policy for more information about how personal information is collected, used, stored and shared.

SECTION 11 - FEEDBACK

If you submit, upload, post, email or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans or other content (“Feedback”), you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback for purposes related to operating, improving and promoting the Services, subject to applicable law.

You represent and warrant that you own or have the necessary rights to submit the Feedback and that your Feedback does not violate the rights of any third party.

You must disclose any compensation or incentives received in connection with reviews or other Feedback where required by applicable law.

We may monitor, edit or remove Feedback that we reasonably determine violates these Terms, applicable law, or the rights of another person.

You are responsible for the Feedback you submit and its accuracy.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information available through the Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times or availability.

We reserve the right to correct errors, inaccuracies or omissions and to update information where reasonably necessary.

If an error materially affects an order you have already placed, we will handle the matter in accordance with applicable law and will contact you when appropriate.

SECTION 13 - PROHIBITED USES

You may access and use the Services for lawful purposes only.

You may not use the Services to:

(a) engage in unlawful or malicious activities;

(b) violate applicable international, federal, state, provincial or local laws;

(c) infringe intellectual property or other rights;

(d) harass, abuse, threaten, defame or harm another person;

(e) knowingly transmit false or misleading information;

(f) transmit malicious code, viruses or other harmful technologies;

(g) send unauthorized spam, phishing messages or similar communications;

(h) impersonate another person or entity;

(i) unlawfully collect or track personal information belonging to others;

(j) interfere with or circumvent security features of the Services; or

(k) otherwise use the Services in a manner that may unlawfully harm BrightAsDay, Shopify, other users, or third parties.

We may suspend or terminate access to the Services where we reasonably determine that these Terms have been violated.

SECTION 14 - AUTOMATED SYSTEMS AND AGENTS

We may restrict automated systems, bots, scraping tools, AI agents, or similar technologies from accessing or interacting with the Services where necessary to protect the Services, our customers, our intellectual property, or our infrastructure.

Automated systems must not circumvent CAPTCHAs, security mechanisms, access restrictions, rate limits, or other measures intended to protect the Services.

We reserve the right to limit or block automated access where permitted by applicable law.

SECTION 15 - TERMINATION

We may suspend or terminate your access to the Services if you materially violate these Terms, engage in fraudulent or unlawful conduct, misuse the Services, or where termination is otherwise reasonably necessary or permitted by applicable law.

You remain responsible for amounts lawfully due before termination.

Provisions that by their nature should survive termination, including provisions relating to intellectual property, liability, governing law and dispute resolution, will continue to apply after termination.

SECTION 16 - DISCLAIMER OF WARRANTIES

Information presented through the Services is provided for general informational purposes.

To the fullest extent permitted by applicable law, the Services are provided on an “as is” and “as available” basis.

We do not guarantee that access to the Services will always be uninterrupted, timely, secure or error-free.

Nothing in these Terms excludes, limits or modifies warranties, guarantees, consumer rights or other protections that cannot lawfully be excluded or limited.

SECTION 17 - LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, BrightAsDay and its affiliates, employees, agents, contractors, service providers and licensors will not be liable for indirect, incidental, special, punitive or consequential damages arising from the use of the Services.

Nothing in these Terms excludes or limits liability where such exclusion or limitation is prohibited by applicable law.

Your statutory consumer rights are not affected by this section.

SECTION 18 - INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify and hold harmless BrightAsDay and its affiliates, employees, agents, contractors, licensors and service providers from third-party claims arising directly from your unlawful use of the Services, your material breach of these Terms, or your violation of another person’s rights.

This provision does not apply where liability results from an act or omission of BrightAsDay for which liability cannot lawfully be excluded.

SECTION 19 - SEVERABILITY

If any provision of these Terms is determined to be unlawful, void or unenforceable, that provision will be enforced to the fullest extent permitted by applicable law or severed where necessary.

The invalidity or unenforceability of one provision will not affect the validity or enforceability of the remaining provisions.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of that right or provision.

These Terms, together with policies incorporated by reference, constitute the agreement between you and BrightAsDay regarding your use of the Services, except where separate terms expressly apply.

Nothing in this section limits rights that cannot lawfully be waived.

SECTION 21 - ASSIGNMENT

You may not transfer or assign your rights or obligations under these Terms without our prior written consent, except where applicable law provides otherwise.

We may assign or transfer our rights and obligations under these Terms in connection with a merger, acquisition, restructuring, sale of assets, or similar business transaction, subject to applicable law.

SECTION 22 - GOVERNING LAW

These Terms and any disputes arising from or relating to the Services will be governed by the laws applicable to BrightAsDay’s principal place of business, except where mandatory consumer protection laws or other applicable laws provide you with additional rights or require otherwise.

Nothing in these Terms deprives consumers of protections provided by mandatory laws applicable in their place of residence.

SECTION 23 - HEADINGS

The headings used in these Terms are included for convenience only and will not limit or otherwise affect the interpretation of these Terms.

SECTION 24 - CHANGES TO TERMS OF SERVICE

You can review the most current version of these Terms of Service on this page.

We may update or replace portions of these Terms from time to time.

Where required by applicable law, we will provide notice of material changes. Changes will become effective on the date specified in the applicable notice or when otherwise permitted by law.

Your continued use of the Services following an effective update constitutes acceptance of the updated Terms where permitted by applicable law.