Terms of service

TERMS OF SERVICE

Last updated: May 2026

OVERVIEW

Welcome to ByDaniMite! The terms "we", "us" and "our" refer to ByDaniMite. ByDaniMite 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"). ByDaniMite is powered by Shopify, which enables us to provide the Services to you.

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

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree, 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 or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.

To use the Services, you may be asked to provide certain information, such as your email address, billing, payment, 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 this information.

You are solely responsible for maintaining the security of your account credentials and for all account activity. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS

We have made every effort to provide an accurate representation of our products and services. However, colors or product appearance may differ from how they appear on your screen due to your device type, settings, and configuration.

We do not warrant that the appearance or quality of any products purchased by you will meet your expectations or be identical to what is depicted in our store.

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 may limit quantities offered to any person, geographic region, or jurisdiction.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. ByDaniMite reserves the right to accept or decline your order for any reason. Your order is not accepted until ByDaniMite confirms acceptance and processes your payment. Please review your order carefully before submitting, as ByDaniMite may be unable to accommodate cancellation requests after an order is accepted.

In the event that we do not accept, modify, or cancel an order, we will attempt to notify you via email, billing address, and/or phone number provided at the time of purchase.

Your purchases are subject to return or exchange solely in accordance with our Refund Policy.

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

SECTION 4 - PRICES AND BILLING

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

You agree to provide current, complete and accurate purchase and payment information for all purchases. You agree to promptly update your account information, including your email address and credit card details, 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 such credit card, (iii) charges incurred will be honored by your credit card company, and (iv) you will pay all charges at posted prices, including shipping, handling, and 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 processing, or events outside our control. Once products are transferred to the carrier, title and risk of loss pass to you.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by ByDaniMite, its affiliates or licensors and are protected by U.S. and foreign patent, copyright, and other intellectual property laws.

These Terms permit you to use the Services for personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any material on the Services without our prior written consent.

ByDaniMite's names, logos, product and service names, designs, and slogans are trademarks of ByDaniMite or its affiliates or licensors. You must not use such trademarks without prior written permission. All rights not expressly granted herein are reserved by ByDaniMite.

SECTION 7 - OPTIONAL TOOLS

You may be provided access to third-party tools as part of the Services, which we neither monitor nor control. We provide access to such tools "as is" and "as available" without any warranties or endorsement. We shall have no liability arising from your use of optional third-party tools. Any use of such tools is entirely at your own risk.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain links to third-party websites. We are not responsible for the content or accuracy of any third-party materials or websites. If you leave the Services to access third-party sites, you do so at your own risk. Complaints or questions regarding third-party products should be directed to the third-party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

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

SECTION 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy. 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. Information you submit may be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside.

SECTION 11 - FEEDBACK

If you submit any ideas, suggestions, feedback, reviews, or proposals (collectively "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial use.

You represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received; and (iii) your Feedback complies with these Terms. We are under no obligation to maintain your Feedback in confidence, pay compensation for it, or respond to it.

We may monitor, edit, or remove Feedback that we determine to be unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable or that violates any party's intellectual property or these Terms.

You agree that your Feedback will not violate any third-party rights, including copyright, trademark, privacy, or other personal or proprietary rights. You are solely responsible for any Feedback you submit and its accuracy.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally, there may be information on the Services that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times, or 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.

SECTION 13 - PROHIBITED USES

You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local 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 harm any person; (e) to transmit false or misleading information; (f) to send, upload, download, use, or re-use any material that does not comply with these Terms; (g) to transmit any advertising or promotional material, including "junk mail," "chain letters," "spam," or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services.

In addition, you agree not to: (a) upload or transmit viruses or any other malicious code; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, or pretext the Services; (e) use any robot, spider, scraping tool, automated device, or AI tool (including agentic AI) to access the Services without our express written permission; or (f) interfere with, bypass, or circumvent the security or authorization features of 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 applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity and that can be executed without direct supervision.

14.2 No Agent may access, use, or interact with Services unless it identifies itself and operates in strict accordance with the requirements in section 14.4 below. No Agent may access the Services if we have requested that it refrain from doing so.

14.3 We may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with Services.

14.4 Agents must: (i) identify that the request is from an Agent and disclose the Agent's name in all HTTP/HTTPS requests by including "Agent/[agent name]" in the user agent string; (ii) not conceal or obfuscate that interactions are from an Agent by mimicking human behavior or bypassing CAPTCHAs; (iii) respond truthfully to any question seeking to determine if interactions are from a human or computer; and (iv) not circumvent any measure intended to block, limit, modify, or control Agent access to the Services.

SECTION 15 - TERMINATION

We may terminate this agreement or your access to the Services 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 will survive any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, and Privacy Policy.

SECTION 16 - DISCLAIMER OF WARRANTIES

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

SECTION 17 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL BYDANIMITE, 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, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION 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 ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES.

SECTION 18 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless ByDaniMite, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys' fees, arising out of (1) your breach of these Terms of Service, (2) your violation of any 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. We may control the defense and settlement of such a claim at your expense, but we will not settle any claim requiring non-monetary obligations from you without your consent.

SECTION 19 - SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms without affecting the validity and enforceability of any other remaining provisions.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms of Service, together with any policies or operating rules posted by us on this site, constitute the entire agreement between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written.

SECTION 21 - ASSIGNMENT

You may not delegate, transfer, or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent. Any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

SECTION 22 - GOVERNING LAW

These Terms of Service shall be governed by and construed in accordance with the laws of the State of Louisiana. You and ByDaniMite consent to the exclusive venue and personal jurisdiction of the federal and state courts located in Lake Charles, Louisiana, for any disputes arising under these Terms.

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 TERMS OF SERVICE

We reserve the right to update, change, or replace any part of these Terms of Service at any time by posting updates to our website. We will notify you of any material changes in accordance with applicable law. Your continued use of the Services following the posting of any changes constitutes acceptance of those changes. You can review the most current version of these Terms at any time at https://bydanimite.com/policies/terms-of-service.

SECTION 25 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at: hello@bydanimite.com