Terms of service

Last updated: October 15, 2025

Welcome to SPARKLiNUTS! The terms “we,” “us,” and “our” refer to SPARKLiNUTS. These Terms of Service (the “Terms”) govern your access to and use of our website and online store, including all related information, content, features, tools, products, and services (collectively, the “Services”). Our store is powered by Shopify, which enables us to provide the Services to you.

By visiting, interacting with, or using the Services, you agree to be bound by these Terms and our Privacy Policy (the “Privacy Policy”). If you do not agree, do not use the Services.

1. Access and Account

You represent that you are at least 18 years old (or the age of majority in your jurisdiction) and that the information you provide (e.g., email, billing, payment, and shipping information) is accurate and complete, and that you have the right to provide it. You are responsible for maintaining the security of your account credentials and for all activity under your account. You may not transfer, sell, assign, or license your account to any other person.

2. Our Products

We aim to represent our products accurately; however, colors or appearance may vary due to device settings. We do not warrant that product appearance or quality will meet your expectations. Product descriptions and availability may change without notice. We may discontinue products and limit quantities to any person or region at our discretion.

3. Orders; Pre‑Orders; Cancellations

Placing an order is an offer to buy. We may accept or decline any order at our discretion. Your order is accepted when we confirm acceptance and process payment. Please review your order carefully; we may be unable to accommodate cancellations after acceptance.

Pre‑Orders. For pre‑orders, your payment method may be authorized at checkout and charged prior to shipment. Any ship dates are good‑faith estimates and may change.

All purchases are subject to our Refund Policy (incorporated by reference).

You represent that purchases are for personal or household use and not for resale or export.

4. Prices, Promotions, and Billing

Prices, discounts, and promotions may change without notice. The price charged is the price in effect at the time of your order and will appear in your confirmation email. Unless expressly stated, posted prices exclude taxes, shipping, handling, customs, and import charges.

You agree to provide current, complete, and accurate purchase, payment, and account information and to update it promptly as needed. You represent and warrant that you are authorized to use the payment method and that charges will be honored.

5. Shipping, Delivery, and Risk of Loss

Delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, customs, or events outside our control. Title and risk of loss pass to you when we transfer the products to the carrier. Issues with deliveries marked “delivered” are handled under our Refund Policy.

6. Intellectual Property

All content and materials on the Services—including trademarks, brands, text, images, graphics, video, audio, and their selection and arrangement—are owned by SPARKLiNUTS or its licensors and are protected by intellectual‑property laws. You may use the Services for personal, non‑commercial use only. Except as permitted by law or with our prior written consent, you may not reproduce, distribute, modify, create derivative works of, publicly display or perform, republish, download, store, or transmit any materials from the Services. All rights not expressly granted are reserved.

“SPARKLiNUTS” names, logos, product and service names, designs, and slogans are trademarks of SPARKLiNUTS or its affiliates or licensors. You may not use such marks without our prior written permission. Shopify’s names and marks are the property of Shopify. Other marks are the property of their respective owners.

7. Optional Tools and New Features

We may provide access to third‑party tools on an “as is” and “as available” basis without warranties or endorsements and without liability. Your use of such tools is at your own risk and subject to the third party’s terms. New features and resources we release are part of the Services and subject to these Terms.

8. Third‑Party Links

The Services may contain links to or integrations with third‑party websites or materials. We do not control or endorse third‑party content and are not responsible for it. You access third‑party sites at your own risk and should review their policies before engaging in any transactions.

9. Relationship with Shopify

Our store is powered by Shopify. Sales are made directly with SPARKLiNUTS. Shopify is not responsible for your purchases or for injuries, damages, or losses relating to products or services you buy from SPARKLiNUTS. You expressly release Shopify and its affiliates from claims arising out of your transactions with SPARKLiNUTS.

10. Privacy

Personal information collected through the Services is subject to our Privacy Policy and to Shopify’s privacy practices. Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services to provide and improve the Services. Information you submit may be transmitted to and processed in countries other than where you reside. See our Privacy Policy for details.

11. Communications Consent (SMS/Email)

By providing a phone number or email, you consent to receive communications from us, including recurring marketing texts (e.g., cart reminders) at the number provided, which may be sent using an autodialer. Consent is not a condition of purchase. Message and data rates may apply. Reply STOP to cancel and HELP for help. See the Privacy Policy for details.

12. Feedback and User Content

If you submit ideas, suggestions, reviews, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty‑free license to use, reproduce, modify, publish, distribute, and display the Feedback in any medium for any purpose. You represent that you own or have rights to the Feedback and that it complies with these Terms. We may monitor, edit, or remove content we deem objectionable. You are solely responsible for your Feedback and its accuracy.

13. Errors, Inaccuracies, and Omissions

From time to time, information on the Services may contain typographical errors or inaccuracies (e.g., descriptions, pricing, promotions, shipping charges, transit times, or availability). We may correct errors, update information, or cancel orders if information is inaccurate at any time without prior notice (including after you submit an order).

14. Prohibited Uses

You may use the Services only for lawful purposes. You may not, directly or indirectly: violate laws; infringe intellectual‑property rights; harass, defame, or harm others; transmit false or misleading information; send unsolicited promotions; impersonate others; upload malware; scrape or crawl; collect personal information without consent; reproduce, sell, or exploit the Services; or interfere with security features. We may suspend or terminate accounts for violations.

15. Termination

We may terminate these Terms or your access to the Services, in whole or in part, at any time in our discretion without notice. You remain liable for amounts due up to the termination date. Sections that by their nature should survive (including Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law/Arbitration, Privacy, and Notices) will survive termination.

16. Product & Health Information (Not Medical Advice)

Products and content are provided for general wellness and are not medical advice. Products are not intended to diagnose, treat, cure, or prevent any disease. Consult a healthcare professional if you are pregnant, nursing, taking medication, or have a medical condition. Review ingredients, allergens, and caffeine content on product pages before purchase.

17. Subscriptions and Auto‑Renewal (if applicable)

If you purchase a subscription, it auto‑renews at the then‑current price and cadence until canceled. You authorize recurring charges to your payment method. You may cancel any time before the next renewal date in your account; cancellations apply prospectively. We will provide advance notice of price changes and how to cancel if you do not agree.

18. Disclaimer of Warranties

EXCEPT AS EXPRESSLY STATED BY SPARKLiNUTS, THE SERVICES AND ALL PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON‑INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR‑FREE. Some jurisdictions limit disclaimers; in such jurisdictions, these disclaimers apply to the fullest extent permitted by law.

19. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL SPARKLiNUTS OR ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING LOST PROFITS, REVENUE, SAVINGS, OR DATA) ARISING OUT OF OR RELATED TO THE SERVICES OR PRODUCTS, EVEN IF ADVISED OF THE POSSIBILITY.

TOTAL CAP. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SPARKLiNUTS’ TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES OR PRODUCTS SHALL NOT EXCEED THE AMOUNTS YOU PAID TO SPARKLiNUTS FOR THE PRODUCTS OR SERVICES GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS PRECEDING THE EVENT FIRST GIVING RISE TO LIABILITY.

20. Indemnification

You agree to indemnify, defend, and hold harmless SPARKLiNUTS, Shopify, and their affiliates, officers, directors, employees, agents, licensors, and service providers from and against claims, losses, liabilities, damages, and expenses (including reasonable attorneys’ fees) arising out of (i) your breach of these Terms or referenced policies, (ii) your violation of law or third‑party rights, or (iii) your access to or use of the Services. We will notify you of any claim (failure to promptly notify will not relieve your obligations unless materially prejudicial). We may control the defense and settlement (at your expense) and will not agree to non‑monetary obligations for you without your consent (not unreasonably withheld).

21. Severability

If any provision of these Terms is unlawful, void, or unenforceable, that provision will be enforced to the fullest extent permitted, and the remainder will continue in full force and effect.

22. Waiver; Entire Agreement

A failure to enforce any provision is not a waiver. These Terms, together with policies posted on the Services (including the Privacy Policy and Refund Policy), constitute the entire agreement between you and us regarding the Services and supersede prior or contemporaneous agreements and communications. Ambiguities shall not be construed against the drafter.

23. Assignment

You may not assign, transfer, or delegate these Terms or any rights or obligations without our prior written consent; any attempt is void. We may assign or delegate these Terms without consent or notice.

24. Governing Law; Arbitration; Class‑Action Waiver

These Terms are governed by the laws of the State of Florida, without regard to conflict‑of‑law principles.

Binding Arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or the Services or products will be resolved by final and binding arbitration administered by JAMS under its Streamlined Arbitration Rules and Procedures. The arbitration will be held in Miami‑Dade County, Florida, in English, before a single arbitrator. Judgment on the award may be entered in any court of competent jurisdiction.

Small‑Claims Carve‑Out. Either party may bring an individual claim in small‑claims court.

Class‑Action and Jury Waiver. Disputes must be brought only on an individual basis and not as a plaintiff or class member in any purported class or representative action. You and SPARKLiNUTS waive any right to a jury trial.

Opt‑Out. You may opt out of arbitration within 30 days of first using the Services by emailing legal@sparklinuts.co with the subject line “Arbitration Opt Out” and your full name and the email address associated with your account.

25. Changes to These Terms

We may update these Terms by posting a revised version with a new “Last updated” date. Material changes will be notified as required by law and will be effective on the date specified. Your continued use of the Services after changes become effective constitutes acceptance.

26. Notices; Contact Information; DMCA

Questions about these Terms: hello@sparklinuts.co. Formal notices and copyright complaints may be sent to:

SPARKLiNUTS LLC
360 NW 27th St, 8th Floor
Miami, FL 33138
(305) 209‑7442

DMCA Takedown Notices. If you believe content on the Services infringes your copyright, email legal@sparklinuts.co with: (i) your contact information; (ii) identification of the copyrighted work; (iii) identification of the allegedly infringing material and its location (URL); (iv) a statement under penalty of perjury that you have a good‑faith belief the use is not authorized; (v) a statement that the information in your notice is accurate and you are authorized to act; and (vi) your physical or electronic signature.