Terms & Conditions

Last updated: April 11, 2025

Welcome to S'MORE ("Company," "we," "us," or "our"). These Terms and Conditions ("Terms") govern your access to and use of our website, madebysmore.com (the "Site"), and any related services. By accessing or using the Site, you agree to be bound by these Terms. If you do not agree with these Terms, please do not use our Site.

1. Use of the Site

You may use the Site for lawful purposes only. You agree not to use the Site:

• In any way that violates any applicable federal, state, local, or international law or regulation.

• To exploit, harm, or attempt to exploit or harm minors in any way.

• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent.

2. Intellectual Property Rights

Unless otherwise indicated, the Site and its entire contents, features, and functionality are owned by S'MORE, including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof. These materials are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

3. User Representations

By using the Site, you represent and warrant that:

• You have the legal capacity and agree to comply with these Terms.

• You are not a minor in the jurisdiction in which you reside.

• You will not access the Site through automated or non-human means.

• You will not use the Site for any illegal or unauthorized purpose.

4. Products and Services

We strive to display as accurately as possible the details of our services and products. However, we do not guarantee that the descriptions are accurate, complete, reliable, current, or error-free. All services and products are subject to availability, and we reserve the right to discontinue any service or product at any time for any reason.

5. Purchases and Payment

We accept various forms of payment as indicated on the Site. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. Sales tax will be added to the price of purchases as deemed required by us. All payments shall be in U.S. dollars.

6. Refund & Return Policy

Digital Products

All sales of digital and downloadable products (including templates, tools, guides, and other files) are final and must be paid in full at the time of purchase. Because of the nature of digital goods, no refunds, exchanges, or cancellations will be offered once a purchase is completed.

Please make sure you read the product description carefully before purchasing. If you have any issues accessing your file or believe something is wrong with your download, reach out to us at hello@madebysmore.com and we’ll help troubleshoot.

Physical Products

If you purchased a physical item from us (like branded merch or printed goods), you may request a return within 14 days of receiving your order. To start the return process, email us at hello@madebysmore.com with your order number and reason for return.

• Items must be returned unused and in original condition to qualify for a refund.

• You are responsible for return shipping costs.

• Refunds will only be issued once the item is received and inspected.

We do not offer refunds for physical items that are damaged due to improper care, wear and tear, or loss during return shipping.

7. Prohibited Activities

You agree not to:

• Use the Site in any manner that could disable, overburden, damage, or impair the Site.

• Use any robot, spider, or other automatic device to access the Site for any purpose.

• Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

8. User-Generated Contributions

The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality. Any content you transmit to the Site will be considered non-confidential and non-proprietary. By providing any user-generated content, you grant us the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material.

9. Third-Party Websites and Content

The Site may contain links to other websites ("Third-Party Websites") as well as content or items belonging to or originating from third parties. We are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site.

10. Site Management

We reserve the right, but not the obligation, to:

• Monitor the Site for violations of these Terms.

• Take appropriate legal action against anyone who violates the law or these Terms.

• Refuse, restrict access to, or disable any of your Contributions.

11. Privacy Policy

We care about data privacy and security. Please review our Privacy Policy. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms.

12. Term and Termination

These Terms shall remain in full force and effect while you use the Site. We reserve the right to terminate or suspend your access to the Site at any time, without notice, for any reason, including without limitation, breach of these Terms.

13. Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. We cannot guarantee the Site will be available at all times.

14. Governing Law

These Terms and your use of the Site are governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles.

15. Dispute Resolution

Any legal action or proceeding arising under these Terms shall be brought exclusively in the courts located in Florida, and the parties hereby consent to personal jurisdiction and venue therein.

16. Corrections

There may be information on the Site that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

17. Disclaimer

The Site is provided on an "as-is" and "as-available" basis. You agree that your use of the Site and our services will be at your sole risk.

18. Limitations of Liability

In no event will we or our directors, employees, or agents be liable to you for any indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the Site.

19. Indemnification

You agree to defend, indemnify, and hold us harmless from and against any loss, damage, liability, claim, or demand due to or arising out of your use of the Site or breach of these Terms.

20. User Data

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site. You are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site.

21. Electronic Communications, Transactions, and Signatures

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communication be in writing.

22. Miscellaneous

These Terms and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.

If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

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

23. Contact Information

If you have questions, comments, or concerns about these Terms, please reach out to us directly:

S'MORE
Email: hello@madebysmore.com
Website: https://www.madebysmore.com
Based in: Florida, United States