Terms of service

Last updated: August 2, 2026

OVERVIEW

Welcome to MoodPally! The terms "we", "us" and "our" refer to MoodPally. MoodPally 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"). MoodPally 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 available at /policies/privacy-policy. If you do not agree to these Terms of Service or our Privacy Policy, you should not use or access our Services.

ELECTRONIC COMMUNICATIONS

By accessing or using our Services, you consent to receive communications from us electronically, including emails regarding your orders, account, promotions, updates, and other notices.

You agree that all agreements, notices, disclosures, and other communications that we provide electronically satisfy any legal requirement that such communications be in writing.

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 accurate, current, and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You may not transfer, sell, assign, or license your account to any other person without our prior written consent.

SECTION 2 - OUR PRODUCTS

We have made every effort to accurately display the products and services available in our online store. However, actual colors, textures, and product appearance may vary depending on your device, display settings, and screen resolution.

Because many of our products are handmade or custom-made, slight variations in color, size, stitching, yarn texture, or other details may naturally occur and are not considered defects.

We do not warrant that the appearance or quality of any products or services purchased by you will meet every personal expectation or be identical to how they appear on your screen.

All product descriptions, pricing, availability, and specifications are subject to change at any time without notice.

We reserve the right to discontinue any product or limit quantities offered to any person, geographic region, or jurisdiction on a case-by-case basis.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase.

MoodPally reserves the right to accept, reject, limit, or cancel any order at our sole discretion.

Your order is not accepted until we send you an order confirmation.

We must receive and successfully process your payment before your order is accepted.

Please review your order carefully before completing checkout, as cancellation requests may not be possible once production of handmade or custom-made items has begun.

If we reject, modify, or cancel your order, we will attempt to notify you using the email address, billing address, or phone number provided during checkout.

Your purchases are subject solely to our Refund Policy, available at:

/policies/refund-policy

You represent and warrant that your purchases are for personal use only and are not intended for commercial resale or export.

SECTION 4 - PRICES AND BILLING

Prices, discounts, and promotions are subject to change without prior notice.

The price charged for a product or service will be the price displayed at the time your order is placed and confirmed in your order confirmation email.

Unless otherwise stated, product prices do not include applicable taxes, shipping costs, customs duties, import fees, or handling charges.

Prices displayed in our online store may differ from prices offered through third-party marketplaces or promotional campaigns.

You agree to provide accurate, complete, and current billing, payment, and account information for every purchase.

You agree to promptly update your account information, including your email address, billing address, payment method, and card expiration date so we may complete your transactions and contact you if necessary.

You represent and warrant that:

  • the payment information you provide is accurate;
  • you are authorized to use the selected payment method;
  • your payment provider will honor all charges;
  • you agree to pay all applicable charges, including taxes and shipping fees.

SECTION 5 - SHIPPING AND DELIVERY

Delivery times shown on our website are estimates only and are not guaranteed.

We are not responsible for delays caused by shipping carriers, customs inspections, weather conditions, public holidays, labor disputes, or other circumstances beyond our reasonable control.

Risk of loss and ownership of products pass to you once your order has been transferred to the shipping carrier.

Please ensure your shipping information is accurate before placing your order. We are not responsible for delays or additional costs resulting from incorrect shipping information provided by the customer.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, trade names, brands, logos, text, graphics, photographs, product images, illustrations, videos, audio, software, designs, layouts, and all other content made available through the Services, are owned by MoodPally, its affiliates, licensors, or content providers and are protected by United States and international copyright, trademark, and other intellectual property laws.

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

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, scrape, or otherwise exploit any material available through the Services without our prior written consent.

Nothing contained in these Terms grants you any ownership rights or licenses to our intellectual property except as expressly stated.

All rights not expressly granted are reserved by MoodPally.

MoodPally's name, logo, product names, service names, designs, graphics, and slogans are trademarks of MoodPally or its licensors and may not be used without prior written permission.

Shopify's trademarks remain the property of Shopify Inc.

All other trademarks displayed on the Services belong to their respective owners.

SECTION 7 - OPTIONAL TOOLS

We may provide access to tools, applications, or services offered by third parties.

These tools are provided "as is" and "as available" without warranties or guarantees of any kind.

We do not monitor, control, or endorse these third-party tools and assume no responsibility for their operation, availability, security, or performance.

Your use of any optional third-party tools is entirely at your own risk, and you should review the applicable terms and policies of the third-party provider before using them.

We may also introduce new features, services, or tools in the future, which shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Our Services may contain links to third-party websites, products, services, or content that are not owned or controlled by MoodPally.

We do not examine, evaluate, or guarantee the accuracy or reliability of any third-party content or websites.

If you choose to access third-party websites, you do so entirely at your own risk.

We are not responsible for any damages, losses, or liabilities arising from your interactions with third-party websites, products, or services.

We encourage you to review the privacy policies and terms of use of any third-party websites before providing personal information or completing transactions.

Any complaints, claims, or questions regarding third-party products or services should be directed to the applicable third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

This section accurately describes Shopify's relationship with our store and should not be modified.

MoodPally is powered by Shopify, which enables us to provide our Services to you.

However, any purchases or transactions you make through our store are conducted solely between you and MoodPally.

By using our Services, you acknowledge and agree that Shopify is not responsible for any aspect of transactions between you and MoodPally, including product quality, fulfillment, customer service, refunds, damages, or losses arising from purchases made through our store.

You expressly release Shopify and its affiliates from any claims, liabilities, damages, or disputes arising out of or relating to purchases made from MoodPally.

SECTION 10 - PRIVACY POLICY

All personal information collected through our Services is governed by our Privacy Policy, available at:

/policies/privacy-policy

Certain information may also be processed by Shopify in accordance with Shopify's Privacy Policy.

By using our Services, you acknowledge that you have read and understood these privacy policies.

Because our store is hosted by Shopify, Shopify collects and processes certain information necessary to operate and improve the Services.

Information submitted through our Services may be transferred to Shopify and to service providers located in countries other than your country of residence.

For additional details regarding how personal information is collected, used, and protected, please review our Privacy Policy.

SECTION 11 - FEEDBACK

If you submit reviews, suggestions, ideas, recommendations, comments, testimonials, photographs, or any other content ("Feedback"), you grant MoodPally a perpetual, worldwide, irrevocable, royalty-free, transferable, sublicensable license to use, reproduce, modify, adapt, publish, distribute, translate, display, and otherwise use such Feedback in any media for any lawful purpose, including marketing and promotional activities.

You represent and warrant that:

  • You own or have the necessary rights to submit the Feedback.
  • Your Feedback does not infringe any third-party rights.
  • Your Feedback is truthful and not misleading.
  • You have disclosed any incentives received in exchange for your Feedback, where required by law.

We have no obligation to:

  • keep Feedback confidential;
  • compensate you for Feedback;
  • respond to Feedback.

We reserve the right to remove any Feedback that we determine violates these Terms or applicable law.

SECTION 12 - ERRORS, INACCURACIES, AND OMISSIONS

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

We reserve the right to correct any errors, inaccuracies, or omissions and to update or modify information or cancel orders at any time without prior notice, including after an order has been submitted.

We undertake no obligation to update, amend, or clarify information except where required by applicable law.

SECTION 13 - PROHIBITED USES

You may access and use the Services only for lawful purposes and in accordance with these Terms of Service.

You agree not to use the Services:

(a) for any unlawful, fraudulent, or malicious purpose;

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

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

(d) to harass, abuse, threaten, defame, intimidate, discriminate against, or otherwise harm any individual or entity;

(e) to submit false, inaccurate, or misleading information;

(f) to upload, transmit, distribute, or otherwise make available any content that violates these Terms;

(g) to send unsolicited commercial communications, spam, phishing attempts, chain letters, or other unwanted communications;

(h) to impersonate another person or entity;

(i) to interfere with or disrupt the security, functionality, or availability of the Services.

In addition, you agree not to:

  • upload viruses, malware, ransomware, or other harmful code;
  • scrape, copy, reproduce, or extract content from the Services without authorization;
  • collect or harvest personal information of other users;
  • use automated software, bots, spiders, crawlers, AI agents, or similar technologies to access or interact with the Services except where expressly permitted;
  • bypass security measures or attempt unauthorized access to any part of the Services.

We reserve the right to suspend or terminate your account or restrict access to the Services if we determine, in our sole discretion, that you have violated these Terms.

SECTION 14 - AGENTS

14.1

This section applies if you use or authorize any software, automation tool, AI agent, bot, or similar technology ("Agent") to access or interact with our Services.

14.2

Agents may access the Services only if they clearly identify themselves and comply with all applicable requirements described in these Terms.

We may prohibit or restrict any Agent from accessing the Services at any time.

14.3

We reserve the right to implement technical or operational limitations regarding how Agents interact with our Services.

14.4

Agents must:

  • accurately identify themselves within applicable request headers;
  • not disguise automated behavior as human activity;
  • not bypass CAPTCHA systems or similar security protections;
  • respond truthfully when asked whether interactions are generated by software or a human;
  • comply with all access restrictions established by MoodPally.

SECTION 15 - TERMINATION

We reserve the right to suspend or terminate your account and access to the Services at any time, with or without notice, if we believe you have violated these Terms or applicable law.

Termination does not relieve you of any payment obligations incurred before termination.

The following provisions survive termination:

  • Intellectual Property
  • Feedback
  • Disclaimer of Warranties
  • Limitation of Liability
  • Indemnification
  • Governing Law
  • Privacy Policy
  • Any provisions that by their nature are intended to survive termination.

SECTION 16 - DISCLAIMER OF WARRANTIES

The information and materials available through our Services are provided for general informational purposes only.

To the fullest extent permitted by applicable law, all Services and products are provided "AS IS" and "AS AVAILABLE" without warranties of any kind, whether express or implied.

We disclaim all implied warranties, including but not limited to:

  • merchantability;
  • fitness for a particular purpose;
  • durability;
  • title;
  • non-infringement.

We do not guarantee that:

  • the Services will always be available;
  • the Services will be uninterrupted;
  • the Services will be secure;
  • the Services will be error-free;
  • defects will be corrected.

Some jurisdictions do not permit certain warranty exclusions, so portions of this Section may not apply to you.

SECTION 17 - LIMITATION OF LIABILITY

To the fullest extent permitted by law, MoodPally, its owners, directors, employees, affiliates, contractors, service providers, licensors, and Shopify shall not be liable for any indirect, incidental, consequential, punitive, exemplary, or special damages arising out of or relating to:

  • use of the Services;
  • inability to use the Services;
  • purchases made through the Services;
  • delays in shipping or fulfillment;
  • loss of profits;
  • loss of revenue;
  • loss of data;
  • business interruption;
  • replacement costs;
  • any other commercial damages or losses.

Our total liability for any claim relating to the Services shall not exceed the amount actually paid by you for the product or service giving rise to the claim, to the extent permitted by law.

SECTION 18 - INDEMNIFICATION

You agree to defend, indemnify, and hold harmless MoodPally, Shopify, and each of our affiliates, officers, directors, employees, licensors, contractors, service providers, and agents from and against any claims, liabilities, damages, judgments, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

  • your violation of these Terms;
  • your misuse of the Services;
  • your violation of applicable law;
  • your infringement of the intellectual property or other rights of any third party.

We reserve the right to assume exclusive control of the defense of any matter subject to indemnification, and you agree to cooperate fully in such defense.

SECTION 19 - SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, invalid, void, or unenforceable by a court of competent jurisdiction, that provision shall be enforced to the fullest extent permitted by applicable law.

The unenforceable portion shall be deemed severed from these Terms without affecting the validity or enforceability of the remaining provisions, which shall remain in full force and effect.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

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

These Terms of Service, together with our Privacy Policy, Refund Policy, Shipping Policy, and any other policies posted on our website, constitute the entire agreement between you and MoodPally regarding your use of the Services.

These Terms supersede all prior agreements, communications, proposals, or understandings, whether written or oral, relating to the Services.

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

SECTION 21 - ASSIGNMENT

You may not assign, transfer, delegate, or sublicense any of your rights or obligations under these Terms without our prior written consent.

MoodPally may assign, transfer, or delegate these Terms or any of our rights and obligations without restriction or prior notice in connection with a merger, acquisition, sale of assets, corporate reorganization, or otherwise.

SECTION 22 - GOVERNING LAW

These Terms of Service and any separate agreements through which we provide the Services shall be governed by and construed in accordance with the laws of the State of Colorado, United States, without regard to its conflict of law principles.

You agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be subject to the exclusive jurisdiction of the state and federal courts located in the State of Colorado, United States.

SECTION 23 - FORCE MAJEURE

MoodPally shall not be liable for any delay or failure in performing its obligations under these Terms where such delay or failure results from events beyond our reasonable control, including but not limited to:

  • natural disasters;
  • floods;
  • fires;
  • earthquakes;
  • pandemics;
  • epidemics;
  • war;
  • terrorism;
  • labor disputes;
  • governmental actions;
  • interruptions of transportation services;
  • internet or telecommunications failures;
  • cyberattacks;
  • power outages;
  • failures of third-party suppliers, payment providers, hosting providers, or shipping carriers.

During such events, our obligations shall be suspended for the duration of the force majeure event.

SECTION 24 - HEADINGS

The headings used in these Terms are included solely for convenience and shall not affect the interpretation of any provision.

SECTION 25 - CHANGES TO TERMS OF SERVICE

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

We reserve the right, at our sole discretion, to modify, update, or replace any part of these Terms by posting revised versions on our website.

Where required by applicable law, we will provide notice of material changes before they become effective.

Your continued use of the Services following the posting of updated Terms constitutes your acceptance of those changes.

SECTION 26 - CONTACT INFORMATION

Questions about these Terms of Service should be directed to us using the contact information below.

MoodPally

Email:
moodpally@gmail.com

Phone:
+1 (719) 306-0566

Mailing Address: 1500 N Grant St, Denver, CO, 80203, United States