TERMS OF SERVICE

OVERVIEW

Welcome to Manifestly! The terms “we”, “us” and “our” refer to Manifestly. Manifestly 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”). Manifestly 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.

Nothing in these Terms excludes or limits any mandatory consumer rights or any liability that cannot lawfully be excluded or limited.

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, including accessing or browsing our online store or purchasing any of the 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 and warrant that all the information you provide in our store 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 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 store. However, please note that colors or product appearance may differ from how they appear on your screen due to the type of device you use to access the store and your device settings and configuration.

We do not guarantee that a product’s appearance will be identical on every screen. This does not affect your rights if a product is faulty or materially differs from its description.

All descriptions of products are subject to change at any time without notice at our sole discretion. Changes will not affect the description applicable to an order already accepted. We reserve the right to discontinue any product at any time and may limit the quantities of any products that 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. Manifestly reserves the right to accept or decline your order, subject to applicable law. Your order is not accepted until Manifestly confirms acceptance. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting, as Manifestly may be unable to accommodate voluntary cancellation requests after an order is accepted. This does not affect any statutory cancellation or withdrawal rights.

In the event that we do not accept, make a change to or cancel an order, we will attempt to notify you by contacting the email address, billing address and/or phone number provided at the time the order was made. If we cancel an order after taking payment, we will refund the amount paid for the canceled items.

Your purchases are subject to return or exchange in accordance with our Refund Policy and applicable consumer law.

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.

Applicable taxes and shipping charges will be shown before you complete your purchase. Unless expressly stated otherwise, customs duties or import charges imposed by the destination country are not included. Where applicable law requires taxes or other charges to be included in displayed prices, we will comply with those requirements.

Prices posted in our online store may differ from prices offered in physical stores or in online or other stores operated by third parties. We may offer promotions on the Services that affect pricing and are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern that promotion.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and payment details, so that we can complete your transactions and contact you as needed.

You represent and warrant that: (i) the payment information you provide is true, correct and complete; (ii) you are duly authorized to use the payment method for the purchase; (iii) charges incurred by you will be honored by your payment provider; and (iv) you will pay the charges disclosed at checkout, including shipping and handling charges and all applicable taxes, if any.

SECTION 5 - SHIPPING AND DELIVERY

Delivery times are estimates unless we expressly agree to a guaranteed delivery date. Shipping may be affected by carrier delays, customs processing or events outside our reasonable control.

If your order is delayed, lost or damaged in transit, please contact us at contact.mymanifestly@gmail.com so we can investigate and arrange an appropriate resolution.

Responsibility for delivery and the transfer of risk will be determined in accordance with applicable law. Nothing in these Terms removes any rights you may have concerning late delivery, non-delivery or goods damaged before delivery.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to trademarks, brands, text, displays, images, graphics, product reviews, video and audio, and the design, selection and arrangement thereof, are owned by Manifestly, its affiliates or licensors, or used with permission, and are protected by U.S. and foreign copyright and other intellectual property laws.

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

Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright or other intellectual property of Manifestly, Shopify or any third party. Unauthorized use of the Services may violate applicable intellectual property laws. All rights not expressly granted herein are reserved by their respective owners.

Manifestly’s names, logos, product and service names, designs and slogans are trademarks of Manifestly or its affiliates or licensors. You must not use such trademarks without prior written permission. Shopify’s 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 provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor control.

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, to the extent permitted by law.

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

We may also offer new features through the Services, including the release of new tools and resources. Such new features shall also be deemed part of the Services and are 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 functionality. We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites you choose to access.

If you decide to leave the Services to access third-party materials or websites, you do so at your own discretion.

To the extent permitted by law, we are not liable for harm or damages related to your access to third-party websites or your purchase or use of products, services, resources or content on those websites.

Please review the third party’s policies and practices and make sure you understand them before engaging in any transaction. Complaints, claims, concerns or questions regarding third-party products and services should be directed to the relevant third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Manifestly 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 Manifestly. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Manifestly, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Manifestly.

SECTION 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may 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.

Information you submit to the Services will be transmitted to and shared with Shopify, as well as relevant third parties that may be located in countries other than where you reside, in order to provide services to you.

Review our Privacy Policy for more details on how we, Shopify and our partners use your personal information.

SECTION 11 - FEEDBACK

If you submit, upload, post, email or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans or other content intended as feedback or public 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 purposes connected with operating, improving and promoting the Services, subject to applicable law and our Privacy Policy.

We will not use this license to misrepresent your views or alter the meaning of a review.

You represent and warrant that: (i) you own or have all necessary rights to the Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback complies with these Terms.

Except where otherwise required by law or agreed by us, we are under no obligation to maintain voluntarily submitted public Feedback in confidence, pay compensation for it or respond to it. Personal information and private customer service communications remain subject to our Privacy Policy.

We may monitor, edit or remove Feedback that we determine to be unlawful, threatening, defamatory, obscene or otherwise in violation of any party’s rights or these Terms. We will not remove reviews solely because they express a negative opinion.

You agree that your Feedback will not violate any third party’s rights, including copyright, trademark, privacy, personality or other personal or proprietary rights. Your Feedback must not contain unlawful or abusive content, computer viruses or other malware that could 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 Feedback. You are responsible for the Feedback you submit and its accuracy.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information on or in the Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times or availability.

We reserve the right to correct such errors, inaccuracies or omissions and to update information. Where permitted by applicable law, we may cancel an order affected by a material error, including after submission. If this occurs, we will notify you and refund any payment collected for the canceled order.

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 applicable international, federal, provincial, state or local laws or regulations;

(c) To infringe upon our intellectual property rights or the rights of others;

(d) To harass, abuse, threaten, harm, defame or unlawfully discriminate against our employees or any other person;

(e) To transmit false or misleading information;

(f) To send, knowingly receive, upload, download, use or reuse material that does not comply with these Terms;

(g) To transmit unsolicited advertising or promotional material, including junk mail, chain letters or spam;

(h) To impersonate or attempt to impersonate any other person or entity; or

(i) To engage in conduct that unlawfully restricts or inhibits anyone’s use or enjoyment of the Services, or may harm Manifestly, Shopify or users of the Services.

In addition, you agree not to:

(a) Upload or transmit viruses or other malicious code;

(b) Reproduce, duplicate, copy, extract, sell, resell or commercially exploit any portion of the Services without authorization;

(c) Collect or track the personal information of others without lawful authorization;

(d) Engage in spam, phishing, pharming or pretexting;

(e) Use automated scraping, data gathering or extraction tools to access the Services without our authorization, except where permitted by applicable law; or

(f) Interfere with, bypass or circumvent security or authorization features or other measures used to restrict access to the Services.

We reserve the right to suspend, disable or terminate your account if you violate these Terms, subject to applicable law.

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 the Services. “Agent” means software or a service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, a person or entity without direct supervision.

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

14.3 We may limit, including through technical measures, whether and how an Agent accesses, uses and interacts with the Services.

14.4 Agents must:

(i) Identify that HTTP/HTTPS requests originate from an Agent and disclose the Agent’s name by including “Agent/[agent name]” in the user-agent string;

(ii) Not conceal or misrepresent that access, use or interactions originate from an Agent, including by mimicking human behavior to evade detection or completing or circumventing CAPTCHAs or similar safeguards;

(iii) Respond truthfully to questions seeking to determine whether interactions originate from a human or a computer; and

(iv) Not circumvent measures intended to block, limit, modify or control Agent access to the Services.

Compliance with this section does not itself grant authorization for activities otherwise prohibited by these Terms.

SECTION 15 - TERMINATION

We may terminate this agreement or your access to the Services, or any part thereof, where permitted by applicable law. You will remain responsible for amounts properly due up to and including the date of termination.

Termination does not affect obligations relating to accepted orders, refunds or statutory consumer rights.

The following sections will continue to apply following termination to the extent relevant: 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 for general information purposes. Except for our obligations concerning product descriptions, express commitments and applicable law, we do not warrant the accuracy, completeness or usefulness of general informational content.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT AS EXPRESSLY STATED BY MANIFESTLY, THE SERVICES AND PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT ADDITIONAL REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED.

WE DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

NOTHING IN THESE TERMS EXCLUDES ANY STATUTORY WARRANTY, GUARANTEE, CONDITION OR OTHER RIGHT THAT CANNOT LAWFULLY BE EXCLUDED. SOME JURISDICTIONS LIMIT OR PROHIBIT DISCLAIMERS OF WARRANTIES, SO PARTS OF THIS SECTION MAY NOT APPLY TO YOU.

SECTION 17 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, MANIFESTLY, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS AND LICENSORS, AND SHOPIFY AND ITS AFFILIATES, SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS, INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS OR LOSS OF DATA.

THIS LIMITATION APPLIES ONLY WHERE LAWFUL AND DOES NOT EXCLUDE OR LIMIT LIABILITY FOR FRAUD, FRAUDULENT MISREPRESENTATION, DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

NOTHING IN THIS SECTION LIMITS YOUR ENTITLEMENT TO REFUNDS, REPLACEMENTS, REPAIRS OR OTHER REMEDIES REQUIRED BY APPLICABLE CONSUMER LAW.

SECTION 18 - INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify and hold harmless Manifestly, Shopify and our respective affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers against third-party claims and reasonable costs arising from your unlawful use of the Services, your infringement of a third party’s rights or your material breach of these Terms.

This obligation does not apply to the extent a claim results from the negligence, misconduct or breach of legal obligations of the party seeking indemnification.

We will notify you of a claim for which we seek indemnification. A failure to notify promptly will not relieve you of your obligations unless it materially prejudices your position.

Where permitted by law, we may manage the defense of such a claim, but we will not agree to a settlement imposing non-monetary obligations on you without your consent. You agree to provide reasonable cooperation in the defense of a covered claim.

SECTION 19 - SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision shall be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms.

Such a determination shall not affect the validity or enforceability of the remaining provisions.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

These Terms of Service and any policies or operating rules posted by us on this site in relation to the Services constitute the entire agreement between you and us concerning your use of the Services, subject to any rights or representations that cannot lawfully be excluded.

These Terms supersede prior agreements, communications and proposals concerning the same subject matter, including prior versions of these Terms.

SECTION 21 - ASSIGNMENT

You may not transfer or assign your rights or obligations under these Terms without our prior written consent, except where applicable law permits otherwise.

We may transfer or assign these Terms and our rights and obligations, provided that doing so does not reduce your statutory rights or protections. We will provide notice where required by law.

SECTION 22 - GOVERNING LAW

These Terms of Service and any separate agreements under which we provide Services shall be governed by the laws of the State of Wyoming, United States, subject to applicable mandatory consumer protection laws.

Subject to any mandatory rights you have to bring proceedings elsewhere, you and Manifestly agree to the jurisdiction of the competent state and federal courts located in Wyoming.

If you reside in a jurisdiction that provides mandatory consumer protections, nothing in these Terms deprives you of those protections or any right to bring a claim before a court available to you under applicable law.

SECTION 23 - HEADINGS

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

SECTION 24 - CHANGES TO TERMS OF SERVICE

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

We may update, change or replace parts of these Terms by posting an updated version on our website. We will notify you of material changes where required by applicable law, and those changes will take effect on the date specified in the notice.

Changes will not retrospectively alter the terms of orders already accepted unless required by law or agreed with you.

Your continued use of the Services after changes take effect constitutes acceptance of the revised Terms to the extent permitted by law.

SECTION 25 - CONTACT INFORMATION

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

Our contact information is:

Store name: Manifestly
Business name: Annies Tanks
Email: contact.mymanifestly@gmail.com
Website: https://mymanifestly.com
Business address: 30 N Gould St #65292, Sheridan, WY 82801, USA
Phone: +1 (757) 804-4699
Business registration number: 2026-002002350
VAT number: N/A