THOUART, LLC dba THOUART...PETS

TERMS OF SERVICE

Effective Date: September 10, 2026

Last Updated: September 10, 2026 (version b)

OVERVIEW

Welcome to ThouArt, LLC dba ThouArt...Pets. The terms "we," "us," and "our" refer to ThouArt, LLC dba ThouArt...Pets ("ThouArt...Pets"). ThouArt...Pets 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 (collectively, the "Services"). ThouArt...Pets is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service, together with any policies referenced herein or made available through the Services (collectively, these "Terms"), describe your rights and responsibilities when you access or use the Services.

Please read these Terms carefully. They contain important provisions concerning your legal rights and obligations, including customer-content warranties, indemnification obligations, warranty disclaimers, limitations of liability, and governing law.

By visiting, interacting with, purchasing from, uploading content to, or otherwise using the Services, you agree to be bound by these Terms and our Privacy Policy, available at /policies/privacy-policy. If you do not agree to these Terms or our Privacy Policy, you should not access or use the Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms, you represent that you are at least the age of majority in your state, province, or other jurisdiction of residence, or that you are the age of majority and have given any consent required for 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 products or services, you may be asked to provide information such as your email address, billing information, payment information, 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 that information.

You are solely responsible for maintaining the confidentiality and security of your account credentials and for all activity occurring through your account. You may not transfer, sell, assign, or license your account to another person without our prior written consent.

SECTION 2 - OUR PRODUCTS

We make reasonable efforts to provide accurate representations of our products and services. However, colors, tones, textures, sizes, proportions, framing, paper characteristics, and other aspects of a product may appear different on your screen because of device type, display settings, lighting, photography, or other factors.

Custom artwork, printing, framing, deckled edges, hand finishing, and other made-to-order features may involve natural or artistic variation. Unless expressly stated otherwise in writing, we do not warrant that a completed product will be identical to a website image, preview, proof, digital rendering, or prior example.

We do not warrant that the appearance or quality of any product or service will meet every subjective expectation. Nothing in this paragraph limits any warranty or remedy that cannot lawfully be excluded.

All product descriptions, specifications, availability, and pricing are subject to change without notice at our discretion. We may discontinue any product at any time and may limit the quantities of products or services offered to any person, household, geographic region, or jurisdiction on a case-by-case basis, subject to applicable law.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. ThouArt...Pets reserves the right to accept or decline an order for any lawful reason in its discretion. An order is not accepted until we confirm acceptance or otherwise begin performance. We must receive and process payment before an order is accepted unless we expressly agree otherwise.

Please review your order carefully before submitting it. Because many of our products are customized or made to order, we may be unable to accommodate cancellation, revision, or change requests after production begins.

If we decline, materially change, or cancel an order, we will attempt to notify you using the email address, billing address, shipping address, or phone number provided with the order.

Purchases are subject to return, refund, cancellation, or exchange only in accordance with our Refund Policy, available at /policies/refund-policy, and applicable law. Custom and personalized products are final sale once production begins except to the extent otherwise provided in our Refund Policy or required by law.

You represent and warrant that purchases made through the Services are for lawful purposes and are not intended for unauthorized resale, export, or other prohibited commercial use.

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 when the order is placed, subject to correction of obvious errors as permitted by law, and will ordinarily appear in your order confirmation. Unless expressly stated otherwise, posted prices do not include taxes, shipping, handling, customs, duties, import charges, brokerage fees, or other governmental assessments.

Prices offered through the Services may differ from prices offered through physical locations, marketplaces, affiliates, or third parties. Promotions may be governed by separate terms. If promotion-specific terms conflict with 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. You agree to promptly update information, including email address, payment information, and expiration dates, so that we can complete transactions and contact you as needed.

You represent and warrant that: (i) payment information you provide is true, correct, and complete; (ii) you are authorized to use the payment method; (iii) charges incurred by you will be honored by the applicable financial institution or payment provider; and (iv) you will pay all charges incurred at the posted or agreed prices, including shipping, handling, taxes, duties, and other applicable charges.

SECTION 5 - SHIPPING AND DELIVERY

5.1 Custom and Made-to-Order Products

Many ThouArt...Pets products are individually created, printed, framed, finished, packaged, or otherwise prepared specifically for the customer. Production and processing times are separate from carrier transit times.

Any production, processing, shipping, transit, or delivery date displayed through the Services, provided in an order confirmation, or otherwise communicated by us is an estimate only and is not a guaranteed delivery date unless we expressly state in writing that a particular date is guaranteed.

Production or processing times may vary due to order volume, customization requirements, customer-requested revisions, image or file quality, proof approval, material availability, framing requirements, equipment or production issues, weather, carrier disruptions, or other circumstances outside our reasonable control. Where required by applicable law, customers retain all non-waivable rights relating to materially delayed shipments.

5.2 Shipping Charges

Shipping charges, when applicable, are calculated or displayed during checkout or otherwise communicated before completion of the order. We may use different carriers or service levels depending on product type, size, destination, cost, availability, risk, or other reasonable considerations.

We reserve the right, to the extent permitted by law, to correct shipping charges resulting from clerical errors, inaccurate addresses, incorrect customer-provided information, unusual delivery requirements, or circumstances not reasonably identifiable when the order was placed. Additional charges may apply for expedited service, oversized items, remote locations, address corrections, re-delivery, special handling, storage, or other carrier-imposed services.

5.3 Carriers and Service Levels

We may ship through USPS, UPS, FedEx, DHL, regional carriers, freight carriers, or other delivery services selected by us. Selection of a carrier or service level is within our discretion unless you purchase or we expressly agree in writing to a specific shipping service.

A carrier or service level displayed at checkout does not constitute an absolute guarantee that the same carrier or service will be used if circumstances reasonably require substitution.

5.4 Delivery Estimates and Carrier Delays

Carrier transit time begins after production is complete and the shipment has been accepted by the carrier. Carrier-provided delivery dates are estimates unless the carrier expressly provides a guaranteed service and the guarantee applies to the shipment.

To the fullest extent permitted by law, ThouArt...Pets is not responsible for carrier delays or delays caused by weather, natural disasters, transportation interruptions, labor disruptions, mechanical failures, governmental actions, customs delays, incorrect or incomplete addresses, recipient unavailability, security restrictions, holidays, peak shipping periods, or other circumstances beyond our reasonable control.

Our responsibility for a shipping delay will not exceed any remedy required by applicable law or expressly promised by us in writing.

5.5 Customer Responsibility for Shipping Information

You are responsible for providing a complete and accurate shipping address and other delivery information, including recipient name, street address, apartment or suite number, city, state or province, postal or ZIP code, country, and phone number when requested.

To the fullest extent permitted by law, we are not responsible for delivery failures, delays, losses, or additional charges resulting from incorrect, incomplete, outdated, or improperly entered information supplied by you. If an address correction can be made before shipment, we may attempt to make the change but do not guarantee that a change can be completed. Additional carrier or reshipping charges resulting from inaccurate customer-supplied information are your responsibility.

5.6 Address Changes

Requests to change a shipping address must be submitted as soon as possible. A requested change is not effective unless and until we confirm it. Once an order has shipped, we cannot guarantee that the destination can be changed or redirected. Any carrier fees associated with an address change, interception, redirect, or re-delivery may be charged to you.

5.7 Tracking Information

When tracking is available, we generally provide it electronically. Tracking information may take time to become active after a label is created. Creation of a shipping label does not necessarily mean that the carrier has physically received the package.

Carrier tracking records, scans, delivery photographs, GPS records, signature records, and other carrier documentation may be relied upon as evidence of shipment, attempted delivery, or delivery.

5.8 Packages Marked Delivered

If carrier tracking shows that a package was delivered, you should promptly check the delivery location, mailbox, parcel locker, building reception area, household members, neighbors, property management personnel, and other locations where the carrier commonly leaves packages.

To the fullest extent permitted by law, ThouArt...Pets is not responsible for theft, disappearance, loss, or damage occurring after a package has been properly delivered to the shipping address supplied by you.

5.9 Lost Shipments

A shipment is not considered lost merely because it is delayed. If tracking indicates that a shipment may be lost, you should notify us promptly so that we can determine whether a carrier investigation, missing-mail search, or insurance claim is appropriate.

You agree to reasonably cooperate with any carrier investigation or claim process, including by providing confirmation of nonreceipt, photographs, affidavits or written statements, police reports when reasonably appropriate, and other documentation reasonably requested by us, the carrier, or an insurer.

We reserve the right to wait until the carrier's applicable investigation period has elapsed before determining that a shipment is lost, except where applicable law requires an earlier remedy.

5.10 Shipping Damage

You should inspect packages and products promptly after delivery. Visible shipping damage should be photographed before packaging is discarded. If an item appears damaged in transit, retain the product, shipping carton or tube, interior packaging, labels, tracking information, and photographs showing the package and damage until we advise that those materials are no longer required.

Failure to retain materials reasonably necessary for a carrier or insurance claim may impair our ability to obtain reimbursement and may affect available remedies to the extent permitted by law. Shipping damage should be reported to us as soon as reasonably possible after delivery.

5.11 Remedy for Lost or Damaged Shipments

For an eligible lost-or-damaged shipment claim for which ThouArt...Pets is responsible, we may, at our option and to the extent permitted by applicable law, repair the item, replace the item, recreate or reprint the item, provide store credit, refund the affected portion of the purchase price, or pursue a carrier or insurance claim.

Because custom artwork may be individually produced, a replacement may not be perfectly identical to the original. Unless applicable law requires otherwise, the customer's monetary remedy for shipping loss or damage will not exceed the amount actually paid to ThouArt...Pets for the affected product and applicable shipping charges.

To the fullest extent permitted by law, we are not responsible for incidental, indirect, special, punitive, or consequential damages arising from carrier delay, loss, or damage.

5.12 Refused or Undeliverable Shipments

If a shipment is refused, unclaimed, returned to sender, undeliverable because of incorrect or incomplete customer-provided information, unavailable for delivery, or otherwise returned through no fault of ThouArt...Pets, you may be responsible for return shipping, storage, carrier charges, address-correction charges, and the cost of reshipping the order.

Because personalized and custom products generally cannot be resold, refusal or failure to accept delivery does not automatically entitle you to a refund. Any refund we voluntarily authorize may be reduced by shipping charges, return costs, carrier fees, customs charges, and other nonrecoverable costs to the extent permitted by law.

5.13 Multiple Shipments

Products from the same order may be produced or shipped separately. We may divide an order into multiple shipments when reasonably necessary. Receipt of only part of an order does not establish that the remaining portion has been lost or omitted.

5.14 Signature Requirements

We may require a signature for delivery based on value, size, destination, fraud risk, carrier requirements, or the nature of an order. You are responsible for arranging acceptance of shipments requiring a signature. Failure to be available for delivery does not constitute a failure by ThouArt...Pets to ship the order.

5.15 International Shipping

At this time, we do not ship outside of the United States. Products are not for export.

When international shipping is offered, you are responsible for providing accurate information required for customs and delivery. Unless expressly stated otherwise at checkout, the recipient is responsible for customs duties, tariffs, VAT, GST, brokerage charges, import fees, local taxes, and governmental assessments.

Customs processing may delay delivery. We do not control foreign customs authorities and do not guarantee customs-clearance times. If an international shipment is refused or returned because duties, taxes, or fees were not paid by the recipient, any refund we authorize may be reduced by shipping, return shipping, customs, brokerage, duties, taxes, and other costs incurred by us, to the extent permitted by law.

5.16 Shipping Restrictions

We may decline to ship to locations for which our carriers cannot provide acceptable service or where shipment would violate applicable law or carrier restrictions. Oversized, framed, fragile, or high-value items may be subject to additional shipping restrictions. We reserve the right to cancel and refund an order if we reasonably determine that we cannot safely or commercially ship the product to the requested destination.

5.17 Fraud Prevention and Verification

We may delay or suspend shipment while reviewing an order for suspected fraud, payment irregularities, identity verification, address discrepancies, or other security concerns. We may require reasonable verification before shipping an order. We reserve the right to cancel an order that we reasonably believe is fraudulent, unauthorized, or presents an unacceptable legal or financial risk.

5.18 Events Beyond Our Control

ThouArt...Pets will not be liable for failure or delay in performance caused by circumstances beyond our reasonable control, including natural disasters, fires, floods, hurricanes, severe weather, epidemics, governmental actions, transportation interruptions, labor disputes, carrier failures, power outages, telecommunications failures, supply shortages, war, terrorism, civil disturbances, or similar events. Performance deadlines will be extended for a reasonable period when affected by such circumstances, subject to any rights that cannot legally be waived.

5.19 Risk of Loss After Delivery

To the maximum extent permitted by applicable law, responsibility for loss after proper delivery passes to the recipient upon delivery at the shipping address supplied with the order. Nothing in these Terms is intended to eliminate any consumer right or remedy that cannot lawfully be waived.

SECTION 6 - INTELLECTUAL PROPERTY

The Services, including all trademarks, brands, text, displays, images, graphics, product photographs, product reviews, artwork, video, audio, software, page layouts, and the design, selection, and arrangement thereof, are owned by or licensed to ThouArt...Pets or its affiliates and are protected by U.S. and foreign copyright, patent, trademark, trade-dress, and other intellectual-property laws.

These Terms permit you to use the Services for your personal, non-commercial use only, except as otherwise expressly authorized by us in writing. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, scrape, store, transmit, sell, license, or otherwise exploit material from the Services without our prior written consent, except as expressly permitted by applicable law.

Except as expressly provided in these Terms, nothing grants or shall be construed as granting any license or other right under any patent, trademark, copyright, trade dress, or other intellectual property of ThouArt...Pets, Shopify, or any third party. Unauthorized use of the Services may violate federal, state, or foreign law. All rights not expressly granted are reserved.

ThouArt...Pets' names, trade names, logos, product and service names, designs, slogans, and related source identifiers are trademarks or trade dress of ThouArt, LLC or its affiliates or licensors. You may not use them without prior written permission. Shopify's name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans displayed through the Services are the property of their respective owners.

SECTION 7 - CUSTOMER-SUBMITTED PHOTOGRAPHS, IMAGES AND CONTENT

7.1 Customer Content

"Customer Content" means any photograph, image, artwork, illustration, graphic, design, logo, trademark, name, likeness, text, file, or other material that you upload, submit, transmit, email, deliver, or otherwise provide to ThouArt...Pets in connection with the Services or an order.

7.2 Ownership and Authority

By submitting Customer Content, you represent, warrant, guarantee, and certify that: (a) you own all rights necessary to use the Customer Content; or (b) you have obtained all licenses, permissions, releases, consents, and authorizations necessary to provide the Customer Content to ThouArt...Pets and to authorize its use as contemplated by these Terms.

You further represent, warrant, and guarantee that you have full legal authority to authorize ThouArt...Pets and its employees, artists, contractors, designers, printers, vendors, service providers, agents, affiliates, successors, and assigns to reproduce, copy, modify, crop, edit, enhance, transform, digitize, print, frame, display, transmit, store, process, and otherwise use the Customer Content as reasonably necessary to provide the Services and fulfill your order.

7.3 Guarantee of Non-Infringement

You represent, warrant, and guarantee that the Customer Content, your submission of the Customer Content, and ThouArt...Pets' use of the Customer Content in accordance with your instructions and these Terms will not infringe, misappropriate, or otherwise violate any copyright; trademark or service mark; trade dress; patent or other intellectual-property right; right of privacy; right of publicity or likeness; contractual right; confidentiality obligation; or other proprietary, personal, or legal right of any person or entity.

You are solely responsible for determining whether you possess all rights and permissions necessary to submit Customer Content. ThouArt...Pets is entitled to rely upon your representations, warranties, and guarantees without independently investigating ownership, licensing, authorship, provenance, or other rights associated with Customer Content.

7.4 Third-Party Photographs and Images

Possession of a photograph or image does not necessarily establish ownership of the copyright in that photograph or image. If Customer Content was created by a professional photographer, photography studio, breeder, rescue organization, shelter, artist, business, social-media user, friend, family member, or other third party, you represent, warrant, and guarantee that you have obtained any permission legally necessary for ThouArt...Pets to reproduce, modify, transform, print, and otherwise use that content.

The fact that an image is available on the Internet, social media, a search engine, publication, commercial database, or other publicly accessible source does not establish that you have the right to reproduce or authorize use of that image.

7.5 Images and Likenesses of Persons

If Customer Content depicts an identifiable person, you represent and warrant that you possess any consent, release, permission, or authorization legally required for the requested use of that person's image or likeness.

If Customer Content depicts a minor, you represent and warrant that you are the minor's parent or legal guardian or have obtained legally sufficient authorization from the minor's parent or legal guardian.

7.6 License to ThouArt...Pets for Order Fulfillment and Related Purposes

You grant ThouArt...Pets a nonexclusive, worldwide, royalty-free, sublicensable license to use Customer Content as reasonably necessary to create commissioned artwork and custom products; create previews and proofs; modify, crop, enhance, transform, or otherwise process images; communicate with you concerning your order; manufacture, print, frame, package, and ship products; provide Customer Content to artists, contractors, printers, vendors, and service providers involved in fulfillment; maintain reasonable business and transaction records; and investigate, enforce, or defend legal claims.

This license includes the right to make technical or artistic modifications reasonably necessary to create the requested product. The license survives completion, cancellation, refund, or termination of the applicable order to the extent reasonably necessary for recordkeeping, legal compliance, enforcement, or defense of claims.

You expressly grant ThouArt...Pets the right to use Customer Content in advertising or promotional materials in any and all forms including, but not limited to, online.   

7.7 No Duty to Verify Rights

ThouArt...Pets does not undertake to investigate or verify the ownership, copyright status, licensing status, provenance, authorship, permissions, releases, or other legal status of Customer Content. Acceptance or use of Customer Content does not constitute a determination or representation by ThouArt...Pets that Customer Content may lawfully be used.

7.8 Right to Refuse, Suspend, or Cancel

We may, in our sole discretion, refuse, suspend, cancel, or discontinue an order or use of Customer Content if we reasonably believe that the Customer Content may violate applicable law, infringe another person's rights, have been submitted without appropriate authorization, violate our policies, or otherwise expose ThouArt...Pets or another person or entity to legal risk.

Our acceptance or processing of Customer Content does not waive any representation, warranty, guarantee, indemnification obligation, or other obligation imposed upon you under these Terms.

7.9 Customer Indemnification for Customer Content

WITHOUT LIMITING ANY OTHER INDEMNIFICATION OBLIGATION UNDER THESE TERMS, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE TO DEFEND, INDEMNIFY, REIMBURSE, AND HOLD HARMLESS THOUART, LLC, THOUART...PETS, THEIR DBAs, AFFILIATES, AND EACH OF THEIR PAST, PRESENT, AND FUTURE MEMBERS, MANAGERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, ARTISTS, DESIGNERS, CONTRACTORS, PRINTERS, VENDORS, SERVICE PROVIDERS, SUCCESSORS, AND ASSIGNS (collectively, the "Indemnified Parties") FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, ALLEGATIONS, ACTIONS, LAWSUITS, PROCEEDINGS, INVESTIGATIONS, LIABILITIES, LOSSES, DAMAGES, JUDGMENTS, SETTLEMENTS, PENALTIES, FINES, COSTS, AND EXPENSES ARISING OUT OF OR RELATING TO: (a) Customer Content; (b) your submission or provision of Customer Content; (c) any allegation that Customer Content or its use infringes, misappropriates, or violates the rights of another person or entity; (d) your failure to obtain any required authorization, consent, release, license, or permission; (e) any breach or alleged breach of your representations, warranties, guarantees, or obligations concerning Customer Content; or (f) ThouArt...Pets' use of Customer Content in accordance with your instructions, authorization, or these Terms.

7.10 Attorneys' Fees and Defense Costs

Your obligations under Section 7.9 include, to the fullest extent permitted by applicable law, reasonable attorneys' fees, court costs, expert-witness fees, investigation costs, discovery expenses, administrative expenses, settlement amounts, judgments, and other expenses incurred in investigating, responding to, defending, resolving, or satisfying a covered claim.

Where permitted by applicable law, your duty to defend arises upon assertion of a claim or demand that, if proven, would fall within the scope of your indemnification obligations. ThouArt...Pets may control the defense of such claim and select counsel reasonably acceptable to it at your expense.

You may not settle a claim in a manner that admits wrongdoing by an Indemnified Party, imposes an obligation upon an Indemnified Party, restricts the activities of an Indemnified Party, or fails to provide a complete release to the Indemnified Parties without ThouArt...Pets' prior written consent.

7.11 Customer Instructions

Your representations, warranties, guarantees, and indemnification obligations also apply to any instruction requesting that ThouArt...Pets reproduce, incorporate, imitate, modify, remove, combine, or otherwise use third-party photographs, images, artwork, logos, designs, trademarks, characters, or other protected material.

7.12 Notice and Cooperation Concerning Third-Party Claims

If you become aware of an allegation, demand, complaint, copyright notice, cease-and-desist letter, lawsuit, or other claim relating to Customer Content, you must promptly notify ThouArt...Pets and reasonably cooperate in addressing the matter. We may preserve relevant Customer Content, communications, transaction records, and other information as reasonably necessary to respond to or defend against a claim.

7.13 Suspension or Removal of Content

If ThouArt...Pets receives a credible allegation that Customer Content infringes another person's rights, we may suspend production, remove content from our systems or website, withhold publication, discontinue use, or take other reasonable protective action while the matter is investigated. Such action does not constitute an admission that infringement occurred.

7.14 No Transfer of Third-Party Rights

Creation of artwork or a product by ThouArt...Pets does not transfer to you any intellectual-property rights belonging to a third party. Your purchase of a finished portrait or other product does not cure or eliminate any lack of authorization concerning underlying source material.

7.15 Material Condition and Survival

You acknowledge that ThouArt...Pets relies upon the representations, warranties, guarantees, licenses, releases, defense obligations, indemnification obligations, and hold-harmless provisions in this Section when accepting and processing Customer Content and that those obligations are a material condition of our agreement to provide the Services.

The provisions of this Section survive completion, delivery, cancellation, refund, or termination of an order and termination of these Terms to the extent necessary to give them effect.

SECTION 8 - OPTIONAL TOOLS

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

You acknowledge and agree that we provide access to such tools "as is" and "as available" without warranties, representations, conditions, or endorsement of any kind. To the fullest extent permitted by law, we shall have no liability arising from or relating to your use of optional third-party tools.

Any use of optional third-party tools is at your own risk and discretion. You should review and approve the applicable third party's terms before using such tools.

We may in the future offer new features, tools, or resources through the Services. Such features, tools, and resources will be deemed part of the Services and subject to these Terms unless separate terms expressly apply.

SECTION 9 - THIRD-PARTY LINKS

The Services may contain materials, functionality, and hyperlinks provided or operated by third parties. We are not responsible for examining or evaluating the content, accuracy, security, policies, or practices of third-party websites, applications, services, or materials.

If you leave the Services or interact with third-party services, you do so at your own risk. To the fullest extent permitted by law, we are not liable for harm or damages related to your access to or use of third-party websites, services, resources, content, or products. Review the third party's policies and terms before engaging in a transaction. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the applicable third party.

SECTION 10 - RELATIONSHIP WITH SHOPIFY

ThouArt...Pets is powered by Shopify, which enables us to provide the Services to you. Sales and purchases made through our store, however, are made directly with ThouArt...Pets.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and ThouArt...Pets, including injury, damage, or loss resulting from purchased products or services. To the fullest extent permitted by law, you release Shopify and its affiliates from claims, damages, and liabilities arising from or related to purchases and transactions with ThouArt...Pets.

SECTION 11 - PRIVACY POLICY

Personal information we collect through the Services is subject to our Privacy Policy, available at /policies/privacy-policy. Certain personal information may also be subject to Shopify's Privacy Policy, available through Shopify's website. By using the Services, you acknowledge that you have had an opportunity to review these privacy policies.

Because the Services are hosted by Shopify, Shopify may collect and process personal information about your access to and use of the Services in order to provide and improve the Services. Information submitted through the Services may be transmitted to and processed by Shopify and service providers that may be located in countries other than your own. See our Privacy Policy for additional information concerning how personal information is collected, used, disclosed, and otherwise processed.

SECTION 12 - FEEDBACK

If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, or other content concerning the Services (collectively, "Feedback"), you grant us a perpetual, worldwide, nonexclusive, transferable, sublicensable, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, display, and otherwise exploit such Feedback in any medium for any lawful purpose, including commercial use, subject to applicable law.

You represent and warrant that: (i) you own or have all necessary rights to submit the Feedback; (ii) you have disclosed any compensation or incentives received in connection with the Feedback when required by law; and (iii) the Feedback complies with these Terms.

Unless otherwise required by law or expressly agreed by us in writing, we are under no obligation to maintain Feedback in confidence, pay compensation for Feedback, or respond to Feedback.

We may, but have no obligation to, monitor, edit, or remove Feedback that we determine in our discretion is unlawful, offensive, threatening, libelous, defamatory, obscene, infringing, or otherwise objectionable or in violation of these Terms.

You agree that Feedback will not violate any third-party right, including copyright, trademark, privacy, publicity, personality, or other personal or proprietary right; will not contain unlawful, abusive, or obscene content; and will not contain viruses, malware, or other harmful code. You may not use a false email address, impersonate another person or entity, or otherwise mislead us or third parties regarding the origin of Feedback. You are solely responsible for Feedback you submit and its accuracy.

SECTION 13 - ERRORS, INACCURACIES AND OMISSIONS

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

Subject to applicable law, we reserve the right to correct errors, inaccuracies, or omissions and to change or update information or cancel affected orders if information is inaccurate at any time, including after an order has been submitted.

SECTION 14 - 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 an unlawful or malicious purpose; (b) to violate any international, federal, state, provincial, territorial, or local law, regulation, rule, or ordinance; (c) to infringe or violate our intellectual-property rights or the rights of others; (d) to harass, abuse, threaten, defame, slander, disparage, intimidate, or harm another person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or reuse material that violates these Terms; (g) to transmit or procure unsolicited advertising, junk mail, chain letters, spam, or similar solicitation; (h) to impersonate or attempt to impersonate another person or entity; or (i) to engage in conduct that restricts or inhibits another person's use or enjoyment of the Services or that may harm ThouArt...Pets, Shopify, users of the Services, or expose any of them to liability.

In addition, you agree not to: (a) upload or transmit viruses or malicious code; (b) reproduce, duplicate, copy, extract, sell, resell, or exploit any unauthorized portion of the Services; (c) collect or track personal information of others in violation of law; (d) spam, phish, pharm, pretext, scrape, or engage in similar abusive practices; (e) use robots, spiders, scraping or data-extraction tools, automated devices or processes, AI agents, or automated or manual means to access the Services in violation of our instructions or technical restrictions; or (f) interfere with, bypass, or circumvent security features, authorization measures, robot-exclusion headers, rate limits, or other measures used to control access to the Services.

We reserve the right, subject to applicable law, to suspend, disable, restrict, or terminate access to the Services if we determine that you have violated these Terms.

SECTION 15 - AGENTS

15.1 Application of Agent Terms

This Section applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with the Services. "Agent" means software or a service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, a person or entity without direct supervision for each action.

15.2 Identification Requirement

No Agent may access, use, or interact with the Services unless it identifies itself and operates in accordance with this Section and any additional technical requirements we publish. No Agent may access, use, or interact with the Services if we have requested that the Agent refrain from doing so.

15.3 Technical Restrictions

We may limit, including by technical measures, whether and how Agents access, use, or interact with the Services.

15.4 Agent Conduct

Agents must: (i) identify automated requests in a commercially reasonable manner and disclose the name of the Agent when technically requested or required by our published instructions; (ii) not conceal or obfuscate automated access by mimicking human behavior or circumventing CAPTCHAs or similar measures; (iii) respond truthfully to measures reasonably designed to determine whether interactions are automated; and (iv) not circumvent or avoid measures intended to block, limit, modify, or control Agent access to the Services.

SECTION 16 - TERMINATION

Subject to applicable law, we may terminate these Terms or suspend or terminate your access to all or part of the Services in our discretion, including for violation of these Terms, fraud, abuse, or conduct that may expose us or others to risk. You remain responsible for amounts lawfully due through the effective date of termination.

The provisions concerning Intellectual Property, Customer-Submitted Photographs, Images and Content, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver and Entire Agreement, Assignment, Governing Law, and any other provision that by its nature should survive will continue in effect after termination.

SECTION 17 - DISCLAIMER OF WARRANTIES

Information presented on or through the Services is made available for general informational purposes unless otherwise stated. We do not warrant the accuracy, completeness, usefulness, or availability of such information. Any reliance you place on such information is at your own risk to the fullest extent permitted by law.

EXCEPT AS EXPRESSLY STATED BY THOUART...PETS OR REQUIRED BY APPLICABLE LAW, THE SERVICES AND PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

SOME JURISDICTIONS LIMIT OR PROHIBIT THE DISCLAIMER OF CERTAIN WARRANTIES. TO THE EXTENT SUCH LAW APPLIES, THE ABOVE DISCLAIMERS APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

SECTION 18 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THOUART, LLC dba THOUART...PETS OR ITS AFFILIATES, MEMBERS, MANAGERS, OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, LICENSORS, VENDORS, SUCCESSORS, OR ASSIGNS, OR SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, LOSS OF GOODWILL, OR SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES, PRODUCTS PURCHASED THROUGH THE SERVICES, CONTENT MADE AVAILABLE THROUGH THE SERVICES, OR ANY OTHER CLAIM RELATED TO THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, AND EXCEPT FOR ANY LIABILITY THAT CANNOT LAWFULLY BE LIMITED, THE AGGREGATE LIABILITY OF THOUART, LLC dba THOUART...PETS ARISING OUT OF OR RELATING TO A PARTICULAR ORDER SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID TO THOUART...PETS FOR THE PRODUCT OR SERVICE GIVING RISE TO THE CLAIM.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY. IN SUCH JURISDICTIONS, THESE LIMITATIONS APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

SECTION 19 - INDEMNIFICATION

Without limiting the indemnification, defense, reimbursement, and hold-harmless obligations relating to Customer Content under Section 7, to the fullest extent permitted by law, you agree to indemnify, defend, reimburse, and hold harmless ThouArt, LLC dba ThouArt...Pets, its DBAs, affiliates, members, managers, owners, officers, directors, employees, representatives, agents, contractors, licensors, vendors, service providers, successors, and assigns, and Shopify and its applicable affiliates and service providers, from and against claims, losses, damages, liabilities, judgments, settlements, penalties, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to: (1) your breach or alleged breach of these Terms or any policy incorporated herein; (2) your violation or alleged violation of applicable law or the rights of a third party; (3) your access to or use of the Services; or (4) Customer Content submitted or provided by you.

We will provide reasonable notice of an indemnifiable claim when practicable, provided that a failure to provide prompt notice will not relieve you of your obligations except to the extent you are materially prejudiced by the delay. To the fullest extent permitted by law, we may control the defense and settlement of an indemnified claim at your expense, including selection of counsel. We will not agree to a settlement that imposes a material non-monetary obligation directly upon you without your consent, not to be unreasonably withheld, conditioned, or delayed.

You agree to cooperate reasonably in the defense of indemnified claims, including by providing relevant documents, information, and assistance.

SECTION 20 - 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, and the unenforceable portion will be deemed severed from these Terms. The remaining provisions will continue in full force and effect.

SECTION 21 - 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 and any policies or operating rules posted by us through the Services or expressly incorporated by reference constitute the entire agreement and understanding between you and us concerning your use of the Services and supersede prior or contemporaneous agreements, communications, and proposals, whether oral or written, concerning the same subject matter.

To the extent permitted by applicable law, ambiguities in these Terms will not be construed against a party solely because that party participated in drafting them.

SECTION 22 - ASSIGNMENT

You may not delegate, transfer, or assign these Terms or any of your rights or obligations under them without our prior written consent, and any attempted assignment in violation of this Section is void to the extent permitted by law.

We may transfer, assign, or delegate these Terms and our rights and obligations without your consent to the extent permitted by applicable law, including in connection with a merger, reorganization, sale of assets, financing, or transfer of the business.

SECTION 23 - GOVERNING LAW AND VENUE

These Terms and any separate agreements through which we provide Services will be governed by the laws of the State of Texas, without regard to conflict-of-law principles, except to the extent federal law or another applicable law requires otherwise.

Subject to any non-waivable rights or jurisdictional requirements under applicable law, you and ThouArt, LLC consent to personal jurisdiction and venue in the state and federal courts located in Harris County, Texas, USA, for disputes arising out of or relating to the Services or these Terms.

SECTION 24 - HEADINGS

Headings are included for convenience only and will not limit or otherwise affect the interpretation of these Terms.

SECTION 25 - CHANGES TO TERMS OF SERVICE

You may review the then-current version of these Terms through the Services. We reserve the right, in our discretion, to update, change, or replace any part of these Terms by posting a revised version through the Services.

Where applicable law requires notice of a material change, we will provide notice in the manner required by law and the change will become effective as provided in that notice. Otherwise, revised Terms become effective when posted or on any later effective date stated in the revised Terms. Your continued use of the Services after revised Terms become effective constitutes acceptance of the revised Terms to the extent permitted by law.

The version of these Terms in effect at the time an order is placed will ordinarily govern that order unless a later change is required by law or expressly agreed by the parties.

SECTION 26 - CONTACT INFORMATION

Questions about these Terms should be sent to:

ThouArt, LLC dba ThouArt...Pets

Email: thouart1@thouart.com

Website: www.thouartpets.com