This Shopify-generated Terms of Service is usable as a base, but I would revise it before publishing. Several sections do not match how Alive Day Apparel actually operates.

The most important changes are:

• Section 3 says purchases are only for personal or household use and not commercial resale/export. That conflicts with your custom, bulk, nonprofit, and event apparel work. Pasted markdown
• Section 5 refers to customs and says title/risk of loss passes to the customer when the package is given to the carrier. Since you only ship domestically and have already established a more customer-service-oriented lost-package process, I would remove both statements. Pasted markdown
• The Shopify relationship language should remain, but the [NOTE TO MERCHANT] line should obviously be removed from the published version. Pasted markdown
• The extensive AI/Agent provisions are unnecessary for a normal apparel storefront and make the agreement feel like a software-platform contract. Pasted markdown
• Governing law should identify Florida rather than vaguely referring to wherever the company is headquartered. Pasted markdown
• The final section still contains merchant placeholders for the legal name, address, phone, registration number, and VAT number. Pasted markdown
• The Privacy and Refund Policy placeholders need to be linked to the actual Shopify policies. Pasted markdownPasted markdown

I would use the following version.

Terms of Service

Last updated: October 6, 2026

Overview

Welcome to Alive Day Apparel. The terms “we,” “us,” and “our” refer to Alive Day Apparel, LLC.

Alive Day Apparel operates this website and online store, including the information, content, features, products, and services offered through it (collectively, the “Services”). Our online store is powered by Shopify, which provides the commerce platform that enables us to offer the Services.

These Terms of Service (“Terms”), together with the policies referenced in them, govern your access to and use of the Services.

Please read these Terms carefully. They contain important information regarding your rights and responsibilities, including limitations of liability and warranty disclaimers.

By accessing, browsing, purchasing from, or otherwise using the Services, you agree to these Terms and our Privacy Policy. If you do not agree, you should not use the Services.

1. Eligibility and Accounts

By using the Services, you represent that you are at least the age of majority in your state of residence or that you are using the Services with the permission and supervision required by applicable law.

You may be asked to provide information such as your name, email address, billing information, payment information, and shipping information.

You agree that information you provide through the Services will be current, complete, and accurate.

If you create a customer account, you are responsible for maintaining the confidentiality of your login information and for activity occurring through your account.

You may not sell, transfer, assign, or otherwise provide your customer account to another person without our permission.

2. Products and Product Information

Alive Day Apparel makes reasonable efforts to accurately display and describe the products offered through the Services.

Colors and other visual characteristics may appear differently depending on your screen, device, browser, lighting, or display settings.

Product descriptions, designs, available colors, sizes, prices, and availability may change without notice.

We reserve the right to discontinue a product, limit quantities, or restrict the sale of a product where reasonably necessary.

Nothing in this section limits any rights you may have under applicable consumer-protection laws.

3. Orders

Submitting an order constitutes an offer to purchase the products included in that order.

An order is not considered accepted until payment has been successfully processed and we have confirmed the order.

We reserve the right to refuse, cancel, or limit an order where reasonably necessary, including in cases involving suspected fraud, pricing errors, inventory issues, unauthorized resale activity, payment problems, or other legitimate business concerns.

If we cancel or materially modify an order after submission, we will make reasonable efforts to contact you using the information provided with your order.

Please review your order carefully before submitting it. Once fulfillment has begun, we may not be able to change or cancel the order.

Returns and refunds are governed by our Refund Policy.

Customized, personalized, event, bulk, wholesale, nonprofit, or other special orders may also be governed by a separate quote, invoice, contract, or written agreement. Where a separate written agreement conflicts with these Terms regarding that specific order, the terms of that agreement will control.

4. Prices, Payments, and Promotions

Prices, discounts, promotions, and product availability may change without notice.

The price charged for a product will be the price displayed and confirmed at the time the order is placed, subject to correction of genuine pricing or technical errors.

Applicable taxes and shipping charges will be displayed during checkout when required.

You agree to provide current, complete, and accurate payment and billing information.

You represent that you are authorized to use the payment method provided for your purchase.

Promotions, discount codes, special offers, or limited-time campaigns may have additional terms. If specific promotional terms conflict with these Terms, the terms applicable to that promotion will control for purposes of the promotion.

5. Shipping and Delivery

Alive Day Apparel currently ships within the 48 contiguous United States and to eligible PO Box and APO/FPO military addresses serviced through domestic U.S. shipping.

We do not currently ship to U.S. territories or international destinations.

Standard orders are typically processed and shipped within 3 to 5 business days. Delivery times provided by shipping carriers are estimates and are not guaranteed.

Carrier delays, severe weather, service interruptions, holidays, address issues, and other circumstances outside our reasonable control may affect delivery.

Customers are responsible for providing accurate and complete shipping information.

Additional details regarding processing times, tracking, lost packages, undeliverable shipments, and shipping destinations are contained in our Shipping Policy.

6. Returns and Refunds

Eligible standard merchandise may be returned within 30 days of delivery in accordance with our Refund Policy.

Final Sale merchandise and customized, personalized, or special-order products are not eligible for return or refund unless they arrive damaged, defective, or incorrect.

For approved standard returns, Alive Day Apparel provides a prepaid return shipping label. Unless the return resulted from an error by Alive Day Apparel, the cost of that label will be deducted from the refund.

Please review our Refund Policy for complete return and refund terms.

7. Intellectual Property

The Services and their content, including trademarks, logos, brand names, product names, apparel graphics, artwork, text, photographs, videos, graphics, designs, website layouts, and other materials, are owned by or licensed to Alive Day Apparel and are protected by applicable intellectual-property laws.

You may use the Services for personal, non-commercial purposes.

Except as permitted by applicable law or with our prior written permission, you may not reproduce, distribute, modify, publish, display, sell, license, create derivative works from, or commercially exploit our content or intellectual property.

Alive Day Apparel names, logos, designs, slogans, and other brand identifiers may not be used without our prior written permission.

Shopify and other third-party names, trademarks, and logos appearing through the Services remain the property of their respective owners.

8. Third-Party Services and Tools

Certain features of the Services may rely on tools, applications, payment providers, integrations, or other services operated by third parties.

Your use of those services may also be subject to the third party’s own terms and policies.

We are not responsible for third-party services that are outside our reasonable control.

We may add, remove, or modify third-party tools and features as the Services develop.

9. Third-Party Links

The Services may contain links to websites, social-media platforms, or other services operated by third parties.

Alive Day Apparel does not control those third-party services and is not responsible for their content, availability, privacy practices, security, products, or services.

If you choose to visit or conduct a transaction through a third-party website, you do so subject to that third party’s terms and policies.

10. Relationship With Shopify

Alive Day Apparel is powered by Shopify, which enables us to provide the Services.

Sales and purchases made through our store are transactions directly between you and Alive Day Apparel.

Shopify is not the seller of Alive Day Apparel products and is not responsible for any aspect of the sales transaction between you and Alive Day Apparel, including any injury, damage, or loss resulting from products purchased from Alive Day Apparel.

To the fullest extent permitted by applicable law, you release Shopify and its affiliates from claims arising solely from your purchase or transaction with Alive Day Apparel.

11. Privacy

Personal information collected through the Services is handled in accordance with our Privacy Policy.

Because our online store is hosted by Shopify, Shopify also collects and processes certain information regarding your access to and use of the Services.

Shopify’s processing of personal information is subject to its applicable privacy policies.

Please review our Privacy Policy for additional information regarding how Alive Day Apparel, Shopify, and other service providers may collect, use, process, and disclose personal information.

12. Reviews, Feedback, and Submissions

If you voluntarily submit reviews, photographs, ideas, suggestions, comments, testimonials, or other content to Alive Day Apparel (“Feedback”), you represent that you have the right to provide that material.

Unless otherwise agreed in writing, you grant Alive Day Apparel a non-exclusive, worldwide, royalty-free license to use, reproduce, publish, display, distribute, and adapt Feedback for purposes reasonably connected to operating, promoting, and improving the business and Services.

You may not submit material that infringes another person’s intellectual-property, privacy, publicity, or other legal rights.

You may not submit content that is unlawful, fraudulent, defamatory, threatening, obscene, abusive, misleading, or contains malicious software.

We reserve the right, but are not obligated, to remove or decline to publish Feedback that violates these Terms.

13. Errors and Inaccuracies

The Services may occasionally contain typographical errors, inaccurate information, technical errors, or omissions relating to product descriptions, pricing, promotions, shipping charges, availability, or other information.

We reserve the right to correct genuine errors, update information, or cancel an affected order when reasonably necessary.

If an order is canceled because of an error on our part, any amount paid for the canceled portion of the order will be refunded as appropriate.

14. Prohibited Uses

You may use the Services only for lawful purposes.

You may not use the Services to:

• Violate applicable laws or regulations.
• Infringe the intellectual-property or other legal rights of Alive Day Apparel or another party.
• Engage in fraud, impersonation, harassment, abuse, threats, or deceptive activity.
• Transmit viruses, malware, or other harmful code.
• Attempt to gain unauthorized access to accounts, systems, networks, or protected portions of the Services.
• Collect personal information about others without authorization.
• Interfere with the security, availability, performance, or normal operation of the Services.
• Use automated systems to scrape, extract, overwhelm, circumvent, or interfere with the Services in violation of applicable law or technical access restrictions.
• Use the Services for any other unlawful or malicious purpose.

We may restrict, suspend, or terminate access to the Services when we reasonably believe these Terms have been violated.

15. Termination

We may suspend or terminate access to the Services where reasonably necessary because of a violation of these Terms, suspected fraud or unlawful activity, threats to the security of the Services, or other legitimate business reasons.

Termination does not eliminate payment obligations or other responsibilities incurred before termination.

Provisions that by their nature should survive termination will continue to apply, including provisions concerning intellectual property, liability, indemnification, privacy, and governing law.

16. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

EXCEPT WHERE EXPRESSLY STATED OR REQUIRED BY LAW, ALIVE DAY APPAREL MAKES NO ADDITIONAL EXPRESS OR IMPLIED WARRANTIES REGARDING THE SERVICES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.

WE DO NOT GUARANTEE THAT THE WEBSITE OR SERVICES WILL ALWAYS BE AVAILABLE, UNINTERRUPTED, SECURE, OR ERROR-FREE.

SOME STATES DO NOT ALLOW CERTAIN WARRANTY LIMITATIONS, SO SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.

Nothing in these Terms excludes warranties or rights that cannot legally be excluded.

17. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALIVE DAY APPAREL AND ITS OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, SERVICE PROVIDERS, LICENSORS, AND AFFILIATES WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICES.

THIS MAY INCLUDE LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF BUSINESS OPPORTUNITY, OR SIMILAR DAMAGES.

THESE LIMITATIONS APPLY ONLY TO THE EXTENT PERMITTED BY LAW.

Nothing in these Terms limits liability that cannot legally be limited or excluded.

18. Indemnification

To the extent permitted by applicable law, you agree to indemnify and hold harmless Alive Day Apparel and its owners, officers, employees, contractors, affiliates, and service providers from third-party claims, liabilities, losses, or reasonable expenses arising from your unlawful use of the Services, your material breach of these Terms, or your violation of another person’s rights.

19. Severability

If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will be enforced to the fullest extent permitted by law or severed as necessary.

The remaining provisions will remain in effect.

20. Waiver and Entire Agreement

A failure by Alive Day Apparel to enforce a provision of these Terms does not constitute a waiver of that provision or any other right.

These Terms, together with the Privacy Policy, Refund Policy, Shipping Policy, and any other policies or agreements expressly incorporated into them, constitute the agreement governing your use of the Services.

For customized, bulk, wholesale, event, nonprofit, or other separately contracted orders, an applicable written agreement, invoice, quote, or contract may establish additional terms.

21. Assignment

You may not transfer your rights or obligations under these Terms without our prior written consent.

Alive Day Apparel may assign or transfer its rights and obligations in connection with a merger, acquisition, restructuring, sale of assets, financing, or other legitimate business transaction.

22. Governing Law

These Terms and your use of the Services are governed by the laws of the State of Florida, without regard to principles concerning conflicts of law.

Any dispute that must be resolved in court will be subject to the jurisdiction of an appropriate state or federal court in Florida, except where applicable law gives you the right to bring a claim in another jurisdiction.

23. Changes to These Terms

We may update these Terms from time to time to reflect changes to our Services, business practices, policies, or legal requirements.

The current version will be posted on this website with an updated “Last updated” date.

Where required by applicable law, we will provide additional notice of material changes.

Your continued use of the Services after updated Terms become effective constitutes acceptance of those Terms to the extent permitted by law.

24. Contact Information

Questions about these Terms of Service may be directed to:

Alive Day Apparel, LLC
10403 Laxer Cay Loop
San Antonio, FL 33576
United States

Email: david@alivedayapparel.com
Phone: +1 352-277-6059