Effective Date: July 8, 2026
Last Revised: July 8, 2026

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING THE WHIMZY® ONLINE STORE OR PURCHASING ANY PRODUCT, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE STORE.

1.1. "Company," "we," "us," or "our" means Whimzy LLC, a North Carolina limited liability company, owner of the federally registered trademark WHIMZY® (International Class 35), operating the online store currently located at igwhrq-hy.myshopify.com and, upon migration, at whimzyvibez.com (collectively, the "Store").

1.2. "Customer," "you," or "your" means any natural person or entity accessing the Store or placing an Order.

1.3. "Physical Goods" means tangible merchandise offered through the Store, including without limitation pillows, phone cases, apparel, and home goods.

1.4. "Made-to-Order Goods" means Physical Goods that are custom-produced, printed, or manufactured upon receipt of your Order and are not held as pre-existing inventory.

1.5. "Digital Products" means any downloadable file, digital artwork, design asset, or other intangible deliverable made available for purchase or delivered electronically.

1.6. "Order" means an offer by you to purchase Products submitted through the Store's checkout.

1.7. "Products" means Physical Goods, Made-to-Order Goods, and Digital Products collectively.

2.1. These Terms constitute a binding agreement between you and the Company, formed upon the earlier of (a) your use of the Store or (b) your submission of an Order.

2.2. We may revise these Terms at any time by posting a revised version with a new "Last Revised" date. Revisions apply prospectively only. The version in effect at the time an Order is placed governs that Order.

2.3. You represent that you are at least eighteen (18) years of age or the age of majority in your jurisdiction, whichever is greater, and possess the legal capacity to contract.

3.1. Offer and Acceptance. Your Order constitutes an offer. No contract of sale is formed until the Company accepts your Order, which acceptance occurs only upon our transmission of a shipment confirmation (for Physical Goods) or delivery of the download or access mechanism (for Digital Products). An order-received acknowledgment is not acceptance.

3.2. Right to Refuse. We reserve the right, in our sole discretion, to refuse or cancel any Order prior to acceptance, including for suspected fraud, pricing or description errors, resale activity, or geographic restrictions. If payment was captured for a cancelled Order, we will refund it in full.

3.3. Pricing Errors. In the event of a manifest pricing error, we may cancel the affected Order and refund any amount paid, and such cancellation shall be your sole and exclusive remedy.

3.4. Taxes. Listed prices exclude applicable sales, use, VAT, GST, customs, and similar taxes and duties, which are your responsibility and will be calculated at checkout where required by law.

4.1. Payment is processed by third-party payment processors (including Shopify Payments and/or Stripe). We do not receive, store, or process your full payment card number. Your use of a payment method is subject to the processor's own terms.

4.2. You represent and warrant that you are authorized to use the payment method provided and that all billing information is accurate.

4.3. Chargeback Abuse. Initiating a payment dispute or chargeback for a transaction that complies with these Terms, without first contacting the Company to resolve the matter in good faith, constitutes a material breach. We reserve the right to contest abusive chargebacks with all available evidence, including delivery confirmation and download logs, and to refuse future Orders from any Customer who has initiated a fraudulent dispute.

5.1. Production Time. Made-to-Order Goods are produced upon Order acceptance. Estimated production and shipping times displayed at checkout are estimates only and are not guaranteed delivery dates.

5.2. FTC Mail Order Rule Compliance. If we cannot ship within the time stated (or within thirty (30) days if no time is stated), we will notify you and offer the option to consent to the delay or cancel for a full refund, in accordance with 16 C.F.R. Part 435.

5.3. Risk of Loss. Title and risk of loss pass to you upon our delivery of the Products to the carrier (FOB shipping point). We are not liable for loss, theft, or damage occurring after carrier delivery to the address you provided, including packages marked delivered by the carrier.

5.4. Address Accuracy. You are solely responsible for the accuracy of the shipping address. Orders returned or lost due to an incorrect address supplied by you may be reshipped at your expense.

5.5. International Orders. International shipments may be subject to customs duties, import taxes, and brokerage fees levied by the destination country, all of which are your sole responsibility. Refusal of a shipment due to unpaid duties shall be treated as a return without authorization under the Return & Refund Policy.

6.1. License, Not Sale. Digital Products are licensed, not sold. Upon full payment, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download and use the Digital Product for personal, non-commercial purposes, unless a broader license is expressly stated on the product page.

6.2. Prohibited Uses. You shall not resell, redistribute, sublicense, publicly display for commercial purposes, mint as or into any blockchain token, use to train any machine-learning model, or incorporate into products for sale, any Digital Product, except as expressly licensed.

6.3. Delivery. Digital Products are deemed delivered upon our making the download or access mechanism available to you, regardless of whether you complete the download.

6.4. Waiver of Cooling-Off Right. BY COMPLETING A PURCHASE OF A DIGITAL PRODUCT AND ACCESSING OR DOWNLOADING IT, YOU EXPRESSLY CONSENT TO IMMEDIATE PERFORMANCE AND ACKNOWLEDGE THAT YOU THEREBY LOSE ANY STATUTORY RIGHT OF WITHDRAWAL OR CANCELLATION TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

7.1. WHIMZY® Mark. WHIMZY® is a federally registered trademark of the Company (International Class 35). Nothing in these Terms or your purchase of any Product grants you any right, title, or interest in or to the WHIMZY® mark, the Whimzy trade dress, or any Company logo or brand asset. Any unauthorized use of the mark, including in domain names, social media handles, keyword advertising, or on competing goods, is strictly prohibited and will be enforced.

7.2. Product Designs. All artwork, designs, slogans (including "Get That AI Money"), graphics, product photography, site content, and the selection and arrangement thereof are owned by the Company or its licensors and protected by copyright, trademark, and other intellectual-property laws. Purchase of a Physical Good conveys ownership of the physical article only, not of any underlying design or artwork.

7.3. Feedback. Any suggestions or feedback you provide may be used by the Company without restriction or compensation.

8.1. You shall not: (a) use the Store for any unlawful purpose; (b) interfere with the Store's operation or security; (c) scrape, harvest, or systematically extract Store data or content; (d) place Orders using false identity or payment information; or (e) purchase Products for unauthorized commercial resale.

9.1. EXCEPT FOR THE EXPRESS COMMITMENTS IN THE RETURN & REFUND POLICY, THE STORE AND ALL PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

9.2. MINOR VARIATIONS IN COLOR, PLACEMENT, OR FINISH BETWEEN PRODUCT IMAGES AND DELIVERED MADE-TO-ORDER GOODS ARE INHERENT TO ON-DEMAND PRODUCTION AND DO NOT CONSTITUTE DEFECTS.

9.3. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS LIMITS ANY NON-WAIVABLE STATUTORY CONSUMER RIGHT.

10.1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO ANY ORDER OR THESE TERMS SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE PRODUCT GIVING RISE TO THE CLAIM.

10.2. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA, OR LOSS OF GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY THEREOF.

10.3. THE FOREGOING LIMITATIONS ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES.

11.1. You agree to indemnify, defend, and hold harmless the Company and its officers, members, employees, and agents from and against any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of your breach of these Terms or your misuse of any Product or the Store.

12.1. Informal Resolution First. Before filing any claim, you agree to send a written notice of dispute and request for remedial action to support@whimzyvibez.com, describing the dispute and the remedy sought, and allow thirty (30) days to resolve the dispute informally.

12.2. Binding Arbitration; Choice of Provider. Any dispute not resolved informally shall be resolved by binding individual arbitration. The arbitration provider shall be selected as follows: (a) the party initiating arbitration shall, in its notice of dispute and request for remedial action (or the written response thereto), designate a nationally recognized arbitration organization that maintains consumer due-process protocols, including without limitation the American Arbitration Association (AAA) or JAMS; (b) if the responding party objects in writing within fifteen (15) days of the designation, the parties shall confer in good faith and jointly designate a mutually acceptable provider; and (c) failing agreement within thirty (30) days, the arbitration shall be administered by the AAA under its Consumer Arbitration Rules as the default provider. Arbitration shall be conducted under the designated provider's consumer rules and shall take place remotely by videoconference or, at your election, in the county of your residence. Judgment on the award may be entered in any court of competent jurisdiction.

12.3. CLASS ACTION WAIVER. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.

12.4. Opt-Out. You may opt out of this arbitration provision by sending written notice to Whimzy LLC, 355 South Grand Avenue, Suite 2450, PMB #2259, Los Angeles, CA 90071 (ATTN: THookz*) within thirty (30) days of your first Order. Opting out does not affect any other provision of these Terms.

12.5. Small Claims and IP Carve-Out. Either party may bring an individual claim in small-claims court, and the Company may seek injunctive relief in any court of competent jurisdiction for infringement or misuse of its intellectual property, including the WHIMZY® mark.

13.1. These Terms and any dispute arising hereunder are governed by the laws of the State of North Carolina, without regard to conflict-of-laws principles, and, where applicable, the Federal Arbitration Act. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

14.1. Entire Agreement. These Terms, together with the Privacy Policy and the Return & Refund Policy (each incorporated by reference), constitute the entire agreement between the parties regarding the Store.

14.2. Severability. If any provision is held unenforceable, it shall be reformed to the minimum extent necessary, and the remainder shall continue in full force.

14.3. No Waiver. Failure to enforce any provision is not a waiver of the right to enforce it later.

14.4. Assignment. You may not assign these Terms. We may assign them in connection with a merger, acquisition, or sale of assets.

14.5. Force Majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control, including carrier disruptions, supplier or print-facility outages, and acts of God.

14.6. Contact. Whimzy LLC, 355 South Grand Avenue, Suite 2450, PMB #2259, Los Angeles, CA 90071 (ATTN: THookz*), support@whimzyvibez.com.