Overview
Welcome to Upkinify Inc. All Rights Reserved! The terms "we," "us," and "our" refer to Upkinify Inc. All Rights Reserved. Upkinify Inc. All Rights Reserved operates this store and website, including all related information, content, features, tools, products, and services contained in the order, to provide you with a curated shopping experience ("Service"). Upkinify Inc. All Rights Reserved is powered by Shopify, which enables us to provide the Service to you.
The following Terms of Service, together with any policies referenced herein (collectively, the "Terms of Service" or "Terms"), set forth your rights and responsibilities when using the Service.
Please read these Terms of Service carefully, as they contain important information regarding your legal rights, including disclaimers and limitations of liability.
By accessing, using, or interacting with our Service, you agree to be bound by these Terms of Service and our Privacy Policy [Link]. If you do not agree to these Terms of Service or the Privacy Policy, you should not use or access our Service.
Section 1 - Access and Account
By agreeing to these Terms of Service, you represent that you are of legal age of majority in your state or province of residence, and that you have permitted any of your minor dependents to use the Service on devices owned, purchased, or managed by you.
To use the Service, including accessing or browsing our online store or purchasing any products or services we offer, you may be required to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide in our store is accurate, current, and complete, and that you have all rights necessary to provide such information.
You are solely responsible for maintaining the security of your account credentials and for all account activity. You may not assign, sell, transfer, or license your account to any other person.
Section 2 - Our Products
We have made every effort to display our products and services as accurately as possible in the online store. However, please note that due to variations in the type of device you use to access the store, as well as device settings and configurations, colors or product appearance may differ from what is displayed on your screen.
We do not guarantee that the appearance or quality of any product or service you purchase will meet your expectations or be identical to what is shown or presented in our online store.
All product descriptions are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue offering any product at any time and may, in our sole discretion, limit the quantity of any product offered to any person, region, or jurisdiction.
Section 3 - Orders
When you place an order, you are making an offer to purchase. Upkinify Inc. All Rights Reserved reserves the right to accept or reject your order for any reason at its sole discretion. Your order is not accepted until confirmed by Upkinify Inc. All Rights Reserved. Your order is only accepted once we have received and processed your payment. Please review your order carefully before submitting it; once an order is accepted, Upkinify Inc. All Rights Reserved may not be able to accept a request to cancel the order. If we do not accept, modify, or cancel an order, we will attempt to contact you via the email, billing address, and/or phone number provided at the time of ordering.
Your purchase may only be returned or exchanged in accordance with our Refund Policy [Link].
You represent and warrant that your purchase is for your personal or household use only and is not for commercial resale or export.
Section 4 - Pricing and Billing
Prices, discounts, and promotions are subject to change without notice. The price for a product or service is the price in effect at the time the order is placed and will be listed in your order confirmation email. Unless expressly stated otherwise, posted prices do not include taxes, shipping charges, handling charges, duties, or import fees.
Prices posted in our online store may differ from prices in physical stores, online stores operated by third parties, or other stores. We may from time to time offer service promotions, which may affect pricing and are subject to terms of service other than these Terms. In the event of a conflict between promotion terms and these Terms, the promotion terms shall prevail.
You agree to provide current, complete, and accurate purchase, payment, and account information when making a purchase in our store. You agree to promptly update your account and other information, including your email address, credit card number, and expiration date, so that we can complete your transactions and contact you as necessary.
You represent and warrant that: (1) the credit card information you provide is true, correct, and complete; (2) you are authorized to use the credit card for the purchase; (3) your credit card issuer will honor the charges incurred; and (4) you will pay for the charges incurred at the posted prices, including shipping and handling fees and all applicable taxes, if any.
Section 5 - Shipping and Delivery
We are not responsible for delays in shipping and delivery. All delivery times are estimates and are not guaranteed to be accurate. We are not responsible for delays caused by carriers, customs processing, or circumstances beyond our control. Title and risk of loss pass to you once we deliver the product to the carrier.
Section 6 - Intellectual Property
Our Service, including but not limited to all trademarks, brands, text, display content, images, graphics, product reviews, videos, and audio, and their design, selection, and arrangement, are owned by Upkinify Inc. All Rights Reserved, its affiliates, or licensors, and are protected by U.S. and foreign patent, copyright, and other intellectual property laws.
These Terms only permit you to use the Service for personal, non-commercial purposes. You may not copy, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material from the Service without our prior written consent. Except as expressly provided, nothing in these Terms shall be construed as granting you any license or other rights to any patent, trademark, copyright, or other intellectual property of Upkinify Inc. All Rights Reserved, Shopify, or any third party. Unauthorized use of the Service may violate federal and state intellectual property laws. Upkinify Inc. All Rights Reserved reserves all rights not expressly granted in this Agreement.
The name, logos, product and service names, designs, and slogans of Upkinify Inc. All Rights Reserved are trademarks of Upkinify Inc. All Rights Reserved or its affiliates or licensors. You may not use such trademarks without the prior written permission of Upkinify Inc. All Rights Reserved. The name, logo, product and service names, designs, and slogans of Shopify are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans appearing on the Service are trademarks of their respective owners.
Section 7 - Optional Tools
You may be given access to customer tools provided by third parties that are part of the Service, but we neither monitor nor control these tools, nor can we intervene in them.
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 not be liable for any liability arising out of or related to your use of optional third-party tools.
Your use of any optional tools provided on the site is at your own risk and discretion, and you should ensure that you are familiar with and agree to the terms of the tools provided by the relevant third-party providers.
In the future, we may also offer new features through the Service (including the release of new tools and resources). Such new features shall also be considered part of the Service and subject to these Terms of Service.
Section 8 - Third-Party Links
The Service may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third-party features). We are not responsible for reviewing or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Service to access such materials or third-party websites, you do so at your own risk.
We are not responsible for any damages or losses caused by your access to any third-party website or your purchase or use of any products, services, resources, or content on any third-party website. Please read and understand the third party's policies and terms before conducting any transactions. If you have a complaint, claim, or any concerns or questions regarding third-party products and services, please direct them to the third party.
Section 9 - Relationship with Shopify
[Merchant Note: This section accurately describes the relationship between Shopify and your store. Do not delete or modify.]
Upkinify Inc. All Rights Reserved is powered by Shopify, which enables us to provide the Service to you. However, any sale you make or purchase you make in our store is directly with Upkinify Inc. All Rights Reserved. By using the Service, you acknowledge and agree that Shopify is not responsible for any aspect of any sale between you and Upkinify Inc. All Rights Reserved, including any injury, damage, or loss resulting from the purchase of products and services. You hereby expressly release Shopify and its affiliates from any claims, damages, and liabilities arising out of or related to your purchase or transaction with Upkinify Inc. All Rights Reserved.
Section 10 - Privacy Policy
All personal information we collect through the Service is subject to our Privacy Policy, which can be viewed here [Link]. Certain personal information may be subject to the Shopify Privacy Policy, which can be viewed here. By using the Service, you acknowledge that you have read and understand this Privacy Policy.
Because the Service is hosted by Shopify, Shopify processes personal information regarding your visit and use of the Service in order to provide and improve the Service. Information you submit to the Service will be transmitted to Shopify and third parties that may be located in countries other than your country of residence in order to provide the Service. Please review our Privacy Policy [Link] for more details on how we, Shopify, and our partners use your personal information.
Section 11 - Feedback
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, comments, proposals, plans, or other materials (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, copy, modify, publish, distribute, and display such Feedback for any purpose (including commercial purposes) in any medium. For example, we may use the rights granted by this license to operate, provide, evaluate, enhance, improve, and promote the Service, and to fulfill our obligations and exercise our rights under the Terms of Service.
You further represent and warrant that: (1) you own or have all necessary rights to the Feedback; (2) you have disclosed any compensation or reward associated with the submission of the Feedback; and (3) your Feedback complies with these Terms. We have no obligation to (1) keep your Feedback confidential; (2) pay compensation for your Feedback; or (3) respond to your Feedback.
We may (but have no obligation to) monitor, edit, or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party's intellectual property or these Terms of Service.
You agree that your Feedback will not infringe any rights of any third party, including copyright, trademark, privacy, personality, or other personal or membership rights. You also agree that your Feedback will not contain libelous or otherwise unlawful, abusive, or obscene material, nor will it contain any computer viruses or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, impersonate any person or entity, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you provide and its accuracy. We assume no responsibility and have no legal obligation for any Feedback posted by you or any third party.
Section 12 - Errors, Inaccuracies, and Omissions
Information on the Service may from time to time contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, product shipping charges, shipping times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time, and to change or update information or cancel orders at any time when information is inaccurate, without notice (including after you have submitted your order).
Section 13 - Prohibited Uses
You may access and use the Service only for lawful purposes. You may not access or use the Service, directly or indirectly, for the following purposes: (1) any illegal or malicious purpose; (2) violating any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (3) infringing or violating our intellectual property or the intellectual property of others; (4) harassing, abusing, insulting, harming, defaming, slandering, intimidating, or injuring any of our employees or any other person; (5) disseminating false or misleading information; (6) sending, knowingly receiving, uploading, downloading, using, or reusing any materials that do not comply with these Terms; (7) sending or causing to be sent any advertisements or promotional materials, including any "spam," "chain letters," "junk mail," or any other similar promotional content; (8) impersonating or attempting to impersonate any other person or entity; or (9) engaging in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or that, in our opinion, may harm Upkinify Inc. All Rights Reserved, Shopify, or users of the Service, or expose them to liability.
In addition, you agree not to: (1) upload or transmit viruses or any other type of malicious code that will or may affect the functionality or operation of the Service in any way; (2) copy, reproduce, scrape, sell, resell, or exploit any portion of the Service; (3) collect or track the personal information of others; (4) spam, phish, pharm, pretext, or abuse the Service; (5) use any robot, spider, scraper, data collection and extraction tool, automated device or process, AI tool (e.g., agentic AI), or access the Service by automatic or manual means; or (6) interfere with, bypass, or circumvent security, authorization features, robot exclusion headers, or other measures we take to restrict access to the Service. If we believe you have violated any part of these Terms, we reserve the right to suspend, disable, or terminate your account at any time without notice.
Section 14 - Agents
14.1 If you use, permit, enable, or cause the deployment of an Agent to access, use, or interact with any Service, this Section ("Agent Terms") applies. "Agent" means any software or service that can take autonomous or semi-autonomous action on behalf of or at the direction of any individual or entity, and that can perform or use an individual's device on behalf of an individual or entity without direct supervision.
14.2 No Agent may access, use, or interact with the Service unless it always identifies itself as an Agent and operates strictly in accordance with the requirements of Section 14.4 below. In addition, if we require that an Agent not access, use, or interact with any Service, no Agent may access, use, or interact with the Service.
14.3 We may restrict any Agent from accessing, using, or interacting with the Service through technical measures or otherwise.
14.4 Agents must: (1) identify that the request is from an Agent in all HTTP/HTTPS requests and disclose the name of the Agent by including the following in the request's User-Agent string: "Agent/[Agent Name]"; (2) not conceal or confuse the fact that any access, use, or interaction is from an Agent, such as by (a) mimicking human behavior and interaction patterns, or (b) completing or circumventing CAPTCHAs or measures designed to distinguish computers from humans; (3) truthfully answer any questions or prompts designed to determine whether the interaction is from a human or a computer; (4) not circumvent or otherwise evade any measures designed to prevent, limit, modify, or control how Agents access, use, or interact with the Service.
Section 15 - Termination
We may, in our sole discretion, terminate this Agreement or your access to the Service (or any part thereof) at any time without notice, but you shall remain liable for all amounts due up to and including the date of termination.
Upon termination of these Terms, the following Sections shall remain in effect: Intellectual Property, Feedback, Termination, Disclaimer, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.
Section 16 - Disclaimer
Information provided through the Service is for general informational purposes only. We do not guarantee the accuracy, completeness, or usefulness of such information. Any reliance you place on such information is strictly at your own risk. We disclaim any liability and obligation to you or any other visitor to the Service, or to anyone who may be informed of its contents, arising out of reliance on such materials.
Unless expressly stated otherwise by Upkinify Inc. All Rights Reserved, the Service and all products provided through the Service are provided to you on an 'as is' and 'as available' basis, without any warranties, representations, or conditions of any kind, either express or implied, including implied warranties of merchantability, quality of goods, fitness for a particular purpose, durability, title, and non-infringement. We do not warrant, promise, or guarantee that your use of the Service will be uninterrupted, timely, secure, or error-free. Some jurisdictions limit or do not allow the exclusion of implied warranties or other types of warranties, so the above disclaimer may not apply to you.
Section 17 - Limitation of Liability
To the maximum extent permitted by law, Upkinify Inc. All Rights Reserved, our partners, directors, officers, employees, affiliates, agents, contractors, service providers, or licensors, and Shopify and its affiliates, shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including but not limited to 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 out of your use of any Service or any product procured through the Service, or any other claim related in any way to your use of the Service or any product, including any errors or omissions in any content, or any loss or damage of any kind resulting from the use of the Service or any content (or product) posted, transmitted, or otherwise made available through the Service, even if advised of the possibility of such damages.
Section 18 - Indemnification
You agree to indemnify, defend, and hold harmless Upkinify Inc. All Rights Reserved, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any losses, damages, liabilities, or claims (including reasonable attorneys' fees) payable to a third party arising out of: (1) your breach of these Terms of Service or documents incorporated by reference; (2) your infringement of any law or rights of a third party; or (3) your access to and use of the Service.
We will notify you of any claim subject to indemnification, but your failure to receive timely notice will not relieve you of your indemnification obligations unless you are materially prejudiced. We may control the defense and settlement of such claims at your expense, including selection of counsel, but we will not settle any claim requiring a non-monetary obligation on your part without your consent (which you shall not unreasonably withhold). You shall cooperate in the defense of claims subject to indemnification, including providing relevant documents.
Section 19 - Severability
If any provision of these Terms of Service is held to be illegal, invalid, or unenforceable, such provision shall be enforced to the maximum extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service, and such determination shall not affect the validity and enforceability of any other remaining provisions.
Section 20 - 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 connection with the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous oral or written agreements, communications, and proposals (including, but not limited to, any prior versions of the Terms of Service) between you and us.
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Section 21 - Assignment
You may not delegate, transfer, or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt shall be void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice.
Section 22 - 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 federal and state or regional courts of the jurisdiction where Upkinify Inc. All Rights Reserved has its principal place of business. You and Upkinify Inc. All Rights Reserved consent to venue and personal jurisdiction in such courts.
Section 23 - Headings
The headings used in this Agreement are for convenience only and do not limit or otherwise affect these Terms.
Section 24 - Changes to Terms of Service
You can view the most current version of the Terms of Service on this page at any time.
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 be effective on the date specified in the notice. Your continued use of or access to the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Section 25 - Contact InformationIf you have any questions about the Terms of Service, please send your questions to our mailto:official@upkinify.com.
