Terms of Service

Last updated: May 2026

OVERVIEW

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

 

The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.

 

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 to these Terms of Service or 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 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 the information you provide is correct, current and complete.

 

You are solely responsible for maintaining the security of your account credentials and for all of your 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 in our online stores. However, colors or product appearance may differ from how they appear on your screen due to your device type and settings.

 

We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations. All descriptions of products are subject to change at any time without notice at our sole discretion.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. Tuff Pops reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Tuff Pops confirms acceptance. We must receive and process your payment before your order is accepted.

 

Your purchases are subject to return or exchange solely in accordance with our 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 - 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 at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.

 

You agree to provide current, complete and accurate purchase, payment and account information for all purchases. You represent and warrant that the credit card information you provide is true, correct, and complete, and that you are duly authorized to use such credit card.

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 we transfer products to the carrier, title and risk of loss passes to you.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, are owned by Tuff Pops, its affiliates or licensors and are protected by U.S. and foreign intellectual property laws.

 

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

SECTION 7 - OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input. We provide access to such tools "as is" and "as available" without any warranties or endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

SECTION 8 - THIRD-PARTY LINKS

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

 

Note: Third-party links referenced in these Terms do not govern how we collect, use, or protect your personal information, including any phone numbers or SMS opt-in data. All personal data practices are governed solely by our Privacy Policy at tuffpops.com/policies/privacy-policy.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

[NOTE TO MERCHANT: This section accurately characterizes Shopify's relationship with your store and should not be removed or modified.]

 

Tuff Pops is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Tuff Pops. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Tuff Pops. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Tuff Pops.

SECTION 10 - PRIVACY AND SMS PROGRAM

All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed at tuffpops.com/policies/privacy-policy. By using the Services, you acknowledge that you have read these privacy policies.

 

SMS Program: Tuff Pops Order Notifications

 

Tuff Pops operates the "Tuff Pops Order Notifications" SMS program for wholesale account holders and customers who choose to opt in.

 

•       How to opt in: Check the SMS consent checkbox on our order or subscription form. Consent is never pre-checked and is never required as a condition of purchase.

•       Message types: Transactional messages including order confirmations, delivery notifications, and invoices. Restock reminders and promotional messages require a separate, explicit opt-in.

•       How to opt out: Reply STOP to any message at any time to cancel. You will receive a single confirmation message and no further texts will be sent.

•       Help: Reply HELP to any message or email us at hello@tuffpops.com.

•       Message frequency: Varies based on order activity.

•       Message and data rates: May apply depending on your carrier and plan.

•       Carrier liability: Carriers are not liable for delayed or undelivered messages.

•       Data sharing: Tuff Pops does not sell, share, or transfer SMS opt-in data or phone numbers to any third parties for marketing or advertising purposes. Phone numbers are shared only with Twilio, our SMS delivery provider, solely to transmit messages on our behalf.

SECTION 11 - FEEDBACK

If you submit any ideas, suggestions, feedback, reviews, proposals, or other content (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 for commercial use.

 

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. 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 use the Services: (a) for any unlawful or malicious purpose; (b) to violate any regulations, rules, or laws; (c) to infringe upon intellectual property rights; (d) to harass, harm, defame, or intimidate any person; (e) to transmit false or misleading information; (f) to send junk mail, spam, or other similar solicitations; (g) to impersonate any other person or entity; or (h) to engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services.

 

You also agree not to: upload viruses or malicious code; collect or track the personal information of others; spam, phish, or pretext the services; or use any automated means to access the Services without authorization.

SECTION 14 - AGENTS

14.1 This section ("Agent Terms") 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 any person or entity 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.

 

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 in all HTTP/HTTPS requests; (ii) not conceal or obfuscate that interactions are from an Agent; (iii) respond truthfully to any question seeking to determine if interactions are from a human or computer; (iv) not circumvent any measure intended to block, limit, or control Agent access.

SECTION 15 - TERMINATION

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

SECTION 16 - DISCLAIMER OF WARRANTIES

EXCEPT AS EXPRESSLY STATED BY TUFF POPS, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

SECTION 17 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL TUFF POPS, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, 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 Tuff Pops, 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, due to or 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.

SECTION 19 - SEVERABILITY

In the event that 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 to be severed from these Terms of Service.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service constitute the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals.

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. 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 and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the federal and state or territorial courts in the jurisdiction where Tuff Pops is headquartered. You and Tuff Pops consent to venue and personal jurisdiction in such courts.

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

You can review the most current version of the Terms of Service at any time on this page. We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.

SECTION 25 - CONTACT INFORMATION

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

 

Tuff Pops LLC

hello@tuffpops.com

6211 S Highland Drive #6008

(801) 203-0259