Terms of service

 

Effective Date: June 2, 2025

OVERVIEW
This website is operated by Shapeey ("we," "us," or "our"). Throughout the site, the terms “we,” “us,” and “our” refer to Shapeey, doing business as Shapeey. By accessing our website at https://heyshapeey.com (the "Site") or purchasing our products or services (collectively, the "Service"), you engage in our Service and agree to be bound by these Terms of Service ("Terms"), including all policies referenced herein or available via hyperlink, such as our Privacy Policy and Refund Policy. These Terms apply to all users, including browsers, customers, vendors, and contributors of content.

If you do not agree to these Terms, you must not access the Site or use the Service. We reserve the right to update these Terms by posting changes on this page. Your continued use of the Site or Service after such changes constitutes acceptance of the updated Terms. It is your responsibility to check this page periodically.

Our store is hosted on Shopify Inc., which provides the e-commerce platform for our products and services.

SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms, you represent that you are at least 18 years of age or the age of majority in your jurisdiction, or that you have given us consent to allow your minor dependents to use the Site. You may not use our products for any illegal or unauthorized purpose or violate any laws in your jurisdiction, including copyright or trademark laws. You must not transmit viruses, worms, or any destructive code. Any breach of these Terms will result in immediate termination of your access to the Service without notice.

SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any reason at any time. Your content (excluding payment information) may be transferred unencrypted over networks and adapted to technical requirements. Payment information is encrypted during transfer using industry-standard protocols. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of the Service without our express written permission. Headings in these Terms are for convenience and do not affect interpretation.

SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION Information on the Site is provided for general purposes and may not be accurate, complete, or current. You should not rely solely on this information for decisions without consulting primary sources. Any reliance is at your own risk. We may modify Site content at any time without notice, and you are responsible for monitoring changes. Historical information is provided for reference only and may not be current.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices and product descriptions are subject to change without notice. We may modify or discontinue the Service or any part thereof without notice. We are not liable for any modification, price change, suspension, or discontinuance of the Service.

SECTION 5 - PRODUCTS
Our products, primarily shapewear, are available exclusively online and subject to our Refund Policy at https://heyshapeey.com/pages/refunded-policy. We strive to display product colors and images accurately but cannot guarantee your device’s display accuracy. We may limit sales to any person, region, or jurisdiction and restrict quantities at our discretion. All product descriptions and prices are subject to change without notice. Offers are void where prohibited.

Marketing Claims Disclaimer: Shapeey makes no guarantees regarding the results of using our shapewear, including claims related to body shaping, comfort, or appearance. Statements in marketing materials are for informational purposes only and are not intended as guarantees of specific outcomes. Individual results may vary based on body type, usage, and other factors. By purchasing, you acknowledge that you have read and understood our marketing claims and that individual results may vary. Shapeey is not liable for any failure to achieve expected results.

Product Safety and Liability: Before using our shapewear, you agree to carefully read all provided information, including labels, packaging, and safety instructions at https://heyshapeey.com/pages/safety-instructions. You agree to follow all instructions, including checking for proper fit and discontinuing use if discomfort or adverse reactions occur. By using our products, you assume all risks of adverse reactions, including but not limited to skin irritation, discomfort, or allergic reactions. Shapeey shall not be liable for any personal injury or damages resulting from misuse, improper fit, or failure to follow instructions.

International Customers: International customers are responsible for complying with local laws and regulations regarding shapewear use. Shapeey is not liable for customs delays, duties, or product-related issues arising from international shipping.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We may refuse, limit, or cancel orders at our discretion, including those from dealers or resellers. We may notify you of order changes via the provided contact information. You agree to provide accurate, current, and complete purchase and account information and to update it promptly as needed. Restrictions may apply to orders using the same customer account, credit card, or billing/shipping address.

Refund and Satisfaction Guarantee: Shapeey offers a 30-day satisfaction guarantee. If you are not satisfied, you may return products within 30 days of delivery for a full refund, subject to our Refund Policy. Used products may be eligible for a partial refund at our discretion. Refunds will be processed within 14 days of receiving the returned product.

SECTION 7 - PAYMENT TERMS
To purchase through the Service, you must provide valid payment information (e.g., Visa, MasterCard, PayPal, Google Pay, or Shop Pay). By providing payment information, you authorize Shapeey to charge all fees and taxes due immediately, without additional notice. You agree to notify us of changes to your billing information. We use third-party payment processors, and you consent to their terms and privacy policies for transaction completion. Shapeey is not liable for third-party processor errors unless due to our negligence.

SECTION 8 - OPTIONAL TOOLS AND THIRD-PARTY LINKS
We may provide access to third-party tools or links "as is" without warranties or liability. Your use of such tools or third-party websites is at your own risk, and you should review their terms and policies. We are not responsible for third-party content, products, or services or any harm arising from their use.

SECTION 9 - USER COMMENTS, FEEDBACK, AND SUBMISSIONS
Submissions (e.g., feedback, contest entries) may be used, edited, or published by us without restriction or compensation. We may monitor or remove content we deem unlawful or objectionable. Your submissions must not violate third-party rights (e.g., copyright, trademark, privacy) or contain unlawful or malicious material. You are responsible for the accuracy of your submissions, and we assume no liability for them.

SECTION 10 - PERSONAL INFORMATION
Your personal information is governed by our Privacy Policy at https://heyshapeey.com/pages/privacy-policy. We use industry-standard encryption and security measures to protect your data but are not liable for breaches caused by third-party platforms unless due to our negligence.

SECTION 11 - ERRORS, INACCURACIES, AND OMISSIONS
The Site may contain errors or inaccuracies in product descriptions, pricing, or availability. We may correct such errors, update information, or cancel orders without prior notice, even after order submission, without liability, except as required by law.

SECTION 12 - PROHIBITED USES
You are prohibited from using the Site or Service for: (a) unlawful purposes; (b) soliciting unlawful acts; (c) violating laws or regulations; (d) infringing our or others’ intellectual property; (e) harassing or discriminating; (f) submitting false information; (g) transmitting malicious code; (h) collecting others’ personal information; (i) spamming or phishing; (j) obscene purposes; or (k) interfering with security features. Violation may result in termination of your access.

SECTION 13 - MARKETING AND INTELLECTUAL PROPERTY
Our marketing materials are for informational purposes and do not imply endorsement by or affiliation with third-party brands. Comparisons to other shapewear are based on objective assessments, and we do not infringe upon third-party intellectual property rights. Our products are independently designed and not copies of other brands. Any claims regarding product performance are subject to our testing data, available upon request.

SECTION 14 - CONSUMER PROTECTION COMPLIANCE
We comply with federal and Texas consumer protection laws, including the Texas Deceptive Trade Practices Act (DTPA) and FTC regulations. Our Refund Policy and delivery timelines meet these standards. If delivery is delayed beyond 30 days, you may request a refund per the FTC Mail Order Rule. Marketing claims are substantiated per FTC guidelines, and we strive to avoid deceptive practices.

SECTION 15 - FORCE MAJEURE
We are not liable for delays or failure to perform due to causes beyond our reasonable control, including natural disasters, pandemics, supply chain disruptions, governmental actions, or third-party service failures.

SECTION 16 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
The Service and products are provided "as is" and "as available" without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee uninterrupted, secure, or error-free Service or that shapewear will achieve specific results. To the maximum extent permitted by Texas law, our total liability for any claim arising from the Service or products shall not exceed the amount you paid for the product in question. We are not liable for any indirect, incidental, punitive, or consequential damages, including lost profits or data, even if advised of their possibility. Some jurisdictions may not allow certain limitations, so our liability is limited to the fullest extent permitted by law.

SECTION 17 - INDEMNIFICATION 
You agree to indemnify, defend, and hold harmless Shapeey, our affiliates, officers, directors, agents, and suppliers from any claim, including reasonable attorneys’ fees, arising from your breach of these Terms, violation of law, or infringement of third-party rights.

SECTION 18 - DISPUTE RESOLUTION AND ARBITRATION
All disputes arising from these Terms or the Service shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) in Austin, Texas, under its Commercial Arbitration Rules. Arbitration shall be conducted by a single arbitrator, and the decision shall be final and binding. You waive the right to participate in any class action, consolidated action, or representative action against Shapeey LLC. Each party shall bear its own costs, except as otherwise provided by AAA rules. Any claim must be filed within one year of the event giving rise to it, or it is barred. If arbitration is unenforceable, disputes shall be resolved in the state or federal courts of Travis County, Texas. You also waive any right to a jury trial.

SECTION 19 - CLASS ACTION WAIVER
You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration against Shapeey. If this class action waiver is found to be unenforceable, the arbitration agreement in Section 18 shall be null and void.

SECTION 20 - SEVERABILITY
If any provision of these Terms is unlawful or unenforceable, it shall be enforced to the fullest extent permitted by law, and the remaining provisions shall remain valid.

SECTION 21 - TERMINATION
These Terms are effective until terminated by you or us. You may terminate by ceasing use of the Service. We may terminate your access for any breach of these Terms without notice, and you remain liable for amounts due up to the termination date. Obligations incurred prior to termination survive.

SECTION 22 - ENTIRE AGREEMENT
These Terms, along with referenced policies, constitute the entire agreement between you and us, superseding all prior agreements. Our failure to enforce any provision does not waive it. Ambiguities shall not be construed against the drafting party.

SECTION 23 - GOVERNING LAW AND JURISDICTION
These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles. Any legal action not subject to arbitration shall be brought exclusively in the state or federal courts located in Travis County, Texas.

SECTION 24 - CONTACT INFORMATION
Shapeey
support@heyshapeey.com