Terms of service

OVERVIEW

Welcome to Cutalyn! The terms "we", "us", and "our" refer to Cutalyn. Cutalyn operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a curated shopping experience (the "Services"). Cutalyn is powered by Shopify, which enables us to provide the Services to you.

The following terms and conditions, and any policies referenced herein (these "Terms of Service" or "Terms"), describe your rights and obligations when using the Services.

Please read these Terms of Service carefully, as they contain important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, using, or interacting with our Services, you agree to these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or our Privacy Policy, you should not use or access our Services.

SECTION 1 – ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state of residence, and that you have given us your consent to allow any of your minor dependents to use the Services on devices that you own, purchase, or manage.

In order to use the Services, including to access or browse our online stores or purchase any products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent that all information you provide in our stores is accurate, current, and complete, and that you have all rights necessary to provide this information.

You are solely responsible for the security of your login credentials and for all activity that occurs in your account. You may not transfer, sell, assign, or license your account to any third party.

SECTION 2 – OUR PRODUCTS

We have made every effort to display our products and services in our online stores as accurately as possible. However, colors and product appearance may differ from what you see on your screen depending on the type of device you use to access the store, and on your device's settings and configuration.

We do not warrant that the appearance or quality of any products or services you purchase will meet your expectations, or match the images or descriptions displayed in our online stores.

All product descriptions are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time, and to limit the quantities of any products we offer to any person, geographic region, or jurisdiction, on a case-by-case basis.

SECTION 3 – ORDERS

When you place an order, you are making an offer to purchase. Cutalyn reserves the right to accept or decline your order for any reason at our sole discretion. Your order is not accepted until Cutalyn confirms acceptance. We must receive and process your payment before your order can be accepted. Please review your order carefully before submitting it, as Cutalyn may not be able to honor cancellation requests after an order has been accepted. If we do not accept, modify, or cancel an order, we will attempt to notify you using the email address, billing address, and/or phone number provided at the time the order was placed.

Returns and exchanges of your purchases are governed solely by our Return & Refund Policy.

You represent and warrant that your purchases are for your own personal or household use, and not for commercial resale or export.

SECTION 4 – PRICING AND BILLING

Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service is the price in effect at the time the order is placed and will be shown in your order confirmation email. Unless expressly stated otherwise, prices displayed do not include taxes, shipping charges, handling fees, customs duties, or import charges.

Prices displayed in our online stores may differ from prices in our physical stores, or in online stores and other stores operated by third parties. From time to time we may offer promotions related to our Services that may affect pricing and that are governed by separate terms and conditions. If there is a conflict between the terms of a promotion and these Terms, the terms of the promotion will control.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our stores. You agree to promptly update your account information and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use that credit card for the purchase, (iii) the charges you incur will be honored by your credit card company, and (iv) you will pay the charges you incur at the posted prices, including shipping and handling charges and any applicable taxes.

SECTION 5 – SHIPPING AND DELIVERY

We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs clearance, or events beyond our control. Once we hand the goods over to the shipping carrier, title and risk of loss pass to you.

SECTION 6 – INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, advertisements, images, graphics, product reviews, video and audio files, and their design, selection, and arrangement, are the property of Cutalyn, its affiliates, or its licensors, and are protected by United States and foreign patent, copyright, and other intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You may not reproduce, distribute, modify, publicly display, publicly perform, republish, download, store, transmit, or create derivative works from any of the materials on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants, or may be construed as granting, any license or other right under any patent, trademark, copyright, or other intellectual property of Cutalyn, Shopify, or any third party. Unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted herein are reserved by Cutalyn.

The Cutalyn name, logo, product and service names, designs, and slogans are trademarks of Cutalyn or its affiliates or licensors. You may not use these marks without the prior written permission of Cutalyn. The Shopify name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

SECTION 7 – OPTIONAL TOOLS

You may be given access to third-party customer tools as part of the Services. We do not monitor these tools and have no control or input over 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 have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of the optional tools offered through the website is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms on which those third-party tools are provided.

We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features will also be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties (including embedded third-party features). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you access. If you leave the Services to access these third-party materials or websites, you do so at your own risk.

We are not liable for any harm related to your access to third-party websites, or your purchase or use of products, services, resources, or content on third-party websites. Please review the third party's policies and practices carefully and make sure you understand them before you enter into any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

Cutalyn is powered by Shopify, which enables us to provide the Services to you. However, all sales and purchases you make in our store are made directly with Cutalyn. By using the Services, you acknowledge that Shopify is not responsible for any aspect of the sales between you and Cutalyn, including any injury, damage, or loss arising from the purchase of products and services. You hereby expressly release Shopify and its affiliates from any and all claims, damages, and liabilities arising out of or relating to your purchases and transactions with Cutalyn.

SECTION 10 – PRIVACY POLICY

Any personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may also be subject to Shopify's privacy policy. By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services may be transferred and disclosed to Shopify and to third parties that may be located in a country other than your country of residence, in order to provide services to you. For more information about how we, Shopify, and our partners use your personal information, please see our Privacy Policy.

SECTION 11 – FEEDBACK

If you send, upload, post, email, or otherwise submit any ideas, suggestions, feedback, reviews, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display that Feedback in any media and for any purpose, including commercial purposes. For example, we may use our rights under this license to operate, provide, evaluate, expand, improve, and promote the Services, and to perform our obligations and exercise our rights under these Terms of Service.

You further represent that: (i) you own or control all rights in any Feedback; (ii) you have disclosed any compensation or incentive received in connection with submitting your Feedback; and (iii) your Feedback complies with these Terms. We are and remain under no obligation to (1) maintain any Feedback in confidence; (2) pay compensation for any Feedback; or (3) respond to any Feedback.

We may, but have no obligation to, monitor, edit, or remove Feedback 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 violate any right of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third party.

SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).

SECTION 13 – PROHIBITED USES

You may use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, state, or local regulations, rules, laws, or ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate; (e) to submit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms; (g) to send, or procure the sending of, any advertising or promotional material, including junk mail, chain letters, spam, or any other similar solicitation; (h) to impersonate or attempt to impersonate any person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm or expose Cutalyn, Shopify, or users of the Services to liability.

Additionally, you agree not to: (a) upload or transmit viruses or any other type of malicious code that is or may be used in any way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell, or otherwise exploit any portion of the Services; (c) collect or track the personal information of others; (d) abuse the Services through spam, phishing, pharming, or pretexting; (e) use any robot, spider, scraper, data mining or data extraction tool, automated device or process, AI tool (such as agentic AI), or any automated or manual means to access the Services; or (f) interfere with, circumvent, or manipulate the security or authorization features, robot exclusion headers, or other measures we use to restrict access to the Services. We reserve the right to suspend, disable, or terminate your account at any time without notice if we determine that you have violated any part of these Terms.

SECTION 14 – AGENTS

14.1 This section (the "Agent Terms") applies if you use, permit, enable, or cause an Agent to be used to access, use, or interact with the Services. "Agent" means any software or service that acts autonomously or semi-autonomously on behalf of, or at the direction of, a person or entity, and that may run on behalf of or using a person's device without direct supervision.

14.2 No Agent may access, use, or interact with the Services unless it identifies itself at all times and acts in strict compliance with the requirements in Section 14.4 below. In addition, no Agent may access, use, or interact with the Services if we have asked it to refrain from accessing, using, or interacting with a Service.

14.3 We may restrict, including by technical means, whether and how an Agent accesses, uses, and interacts with the Services.

14.4 Agents: (i) must indicate in all HTTP/HTTPS requests that the request originates from an Agent, and disclose the Agent's name by including the following in the request's User-Agent string: "Agent/[Agent name]"; (ii) must not hide or obscure that access, use, or interaction originates from an Agent, including by (a) mimicking human behaviors and interaction patterns or (b) completing or bypassing CAPTCHAs or measures intended to distinguish computer use from human use; (iii) must respond truthfully to questions or prompts intended to determine whether interactions originate from a human or a computer; (iv) must not circumvent or otherwise avoid measures intended to prevent, limit, modify, or control whether and how Agents access, use, or interact with Shopify Consumer Services.

SECTION 15 – TERMINATION

We may terminate this agreement or your access to the Services (or any part of them) at any time, without notice, at our sole discretion, and you will remain liable for all amounts due up to and including the date of termination.

The following sections survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, 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 OF WARRANTIES

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.

EXCEPT AS EXPRESSLY STATED BY CUTALYN, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED TO YOU "AS IS" AND "AS AVAILABLE," WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 17 – LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CUTALYN, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY 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 FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS PURCHASED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

SECTION 18 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Cutalyn, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any losses, damages, liabilities, or claims payable to a third party, including reasonable attorneys' fees, arising out of or related to (1) your breach of these Terms of Service or the documents incorporated by reference, (2) your violation of any applicable law or the rights of a third party, or (3) your access to and use of the Services.

We will notify you of any indemnifiable claim, provided that a delay in notice will not relieve you of your obligations unless you are materially prejudiced by it. We may control the defense and settlement of any such claim at your expense, including selection of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnifiable claims, including by providing relevant documents.

SECTION 19 – SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service. Such determination shall not affect the validity and enforceability of the 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 that right or provision.

These Terms of Service, together with any policies or operating rules we post on this website or in respect of the Services, constitute the entire agreement and understanding between you and us and govern your use of the Services. They supersede any prior or contemporaneous agreements, communications, and proposals between you and us, whether oral or written (including any prior versions of the Terms of Service).

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, assign, or transfer this agreement or your rights and obligations under these Terms without our prior written consent, and any such attempt is void. We may assign, transfer, or delegate these Terms and our rights and obligations without your consent or notice to you.

SECTION 22 – GOVERNING LAW

These Terms of Service, and any separate agreements under which we provide Services to you, are governed by and construed in accordance with the laws of the State of Wyoming, United States, without regard to its conflict of law principles. You and Cutalyn agree to submit to the exclusive venue and personal jurisdiction of the state and federal courts located in the State of Wyoming.

SECTION 23 – HEADINGS

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 24 – CHANGES TO THESE TERMS OF SERVICE

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

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 as required by applicable law, and those changes will take effect on the date stated in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 25 – CONTACT INFORMATION

Questions about these Terms of Service should be sent to contact@cutalyn.com.

Our contact details are below:

Cutalyn – MONKEY BUSINESS LLC
contact@cutalyn.com
30 N Gould St Ste R, Sheridan, WY 82801, United States
[PHONE NUMBER]