Terms of service

TAILSPARK LLC  |  Effective Date: June 1, 2025


Overview

Welcome to Tailspark. TAILSPARK LLC, a Wyoming limited liability company ("Tailspark," "we," "us," or "our"), operates tailspark.com and related services (the "Services") to provide you, the customer, with a curated shopping experience. The Services are powered by Shopify, which enables us to provide them to you.

The following 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 carefully, as they include important information about your legal rights, warranty disclaimers, and limitations of liability.

By visiting, interacting with, or using the Services, you agree to be bound by these Terms and our Privacy Policy at tailspark.com/policies/privacy-policy. If you do not agree to these Terms or our Privacy Policy, you should not use or access the Services.


Section 1 — Access and Account

By agreeing to these Terms, you represent that you are at least the age of majority in your state of residence and have given consent to allow any minor dependents to use the Services on devices you own or manage.

To use the Services, you may be asked to provide information such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide is correct, current, and complete, and that you have all rights necessary to provide it.

You are solely responsible for maintaining the security of your account credentials and for all activity under your account. You may not transfer, sell, assign, or license your account to any other person.


Section 2 — Our Products

We have made every effort to accurately represent our products and services. However, colors or product appearance may differ from how they appear on your screen due to your device settings and configuration.

We do not warrant that the appearance or quality of any products purchased will meet your expectations or be identical to depictions in our online store. All product descriptions are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit quantities available to any person, geographic region, or jurisdiction.


Section 3 — Orders

When you place an order, you are making an offer to purchase. Tailspark reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Tailspark confirms acceptance and processes your payment.

Please review your order carefully before submitting, as Tailspark may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, modify, or cancel an order, we will attempt to notify you via the email or billing address provided at the time of the order.

Your purchases are subject to return or exchange solely in accordance with our Refund Policy, available at tailspark.com/policies/refund-policy. You represent and warrant that your purchases are for 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 will be the price in effect at the time the order is placed, as set out in your order confirmation email. Unless otherwise stated, posted prices do not include taxes, shipping, or handling charges.

We may offer promotions from time to time that are governed by separate terms. If there is a conflict between the terms of a promotion and these Terms, the promotion terms will govern.

You agree to provide current, complete, and accurate purchase and payment information for all purchases. You represent and warrant that (i) the credit card information you provide is true, correct, and complete; (ii) you are duly authorized to use such credit card; (iii) charges incurred will be honored by your credit card company; and (iv) you will pay all charges incurred, including applicable taxes and shipping fees.


Section 5 — Shipping and Delivery

All delivery times are estimates only and are not guaranteed. We are not liable for shipping and delivery delays caused by shipping carriers, weather, customs processing, or other events outside our control. Our products are fulfilled through Amazon Multi-Channel Fulfillment (MCF). Once we transfer products to the carrier, title and risk of loss passes to you.

Standard shipping is provided free of charge on all orders to all 50 U.S. states and territories. Expedited shipping is available for $6.99 for the 48 contiguous states only. For full details, please refer to our Shipping Policy at tailspark.com/policies/shipping-policy.


Section 6 — Subscriptions

We offer a subscribe-and-save program that allows you to receive recurring deliveries of our products at a discounted rate. Subscriptions are processed through Recharge Payments. By enrolling in a subscription, you authorize us to charge your payment method on a recurring basis at the selected interval until you cancel.

You may cancel, pause, or skip your subscription at any time by logging into your account and navigating to My Subscriptions, or by contacting us at hello@tailspark.com. There are no cancellation fees. Orders already in "Processing" or "Shipped" status at the time of cancellation cannot be modified or canceled. You will be responsible for all charges incurred prior to cancellation.

Subscription pricing and intervals are subject to change. We will notify you of any material changes to your subscription terms in advance.


Section 7 — Intellectual Property

The Services, including all trademarks, brands, text, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Tailspark, 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, republish, download, store, or transmit any material from the Services without our prior written consent. Tailspark's names, logos, and slogans are trademarks of Tailspark or its affiliates. You must not use such trademarks without prior written permission. All rights not expressly granted herein are reserved by Tailspark.


Section 8 — Third-Party Links and Tools

The Services may contain links to third-party websites or tools. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites. If you access third-party sites through the Services, you do so at your own risk. We are not liable for any harm or damages related to your use of third-party websites, products, or services.

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


Section 9 — Relationship with Shopify

The Services are powered by Shopify Inc., which enables us to provide the Services to you. Any sales and purchases you make are made directly with Tailspark. By using the Services, you acknowledge that Shopify is not responsible for any aspect of any transaction between you and Tailspark, including any injury, damage, or loss resulting from purchased products or 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 Tailspark.


Section 10 — Privacy Policy

All personal information we collect through the Services is subject to our Privacy Policy, available at tailspark.com/policies/privacy-policy. Certain personal information may also be subject to Shopify's Privacy Policy, available at privacy.shopify.com. By using the Services, you acknowledge that you have read and agree to these privacy policies.


Section 11 — Feedback and Reviews

If you submit ideas, suggestions, feedback, reviews, or other content ("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 commercial use.

You represent and warrant that you own or have all necessary rights to all Feedback you submit, and that your Feedback complies with these Terms. We are under no obligation to maintain your Feedback in confidence, pay compensation for it, or respond to it. We may monitor, edit, or remove Feedback that we determine to be unlawful, offensive, or otherwise objectionable.


Section 12 — Errors, Inaccuracies, and Omissions

Occasionally there may be information on the Services that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times, or availability. 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, including after you have submitted your order.


Section 13 — Prohibited Uses

You may access and use the Services for lawful purposes only. You may not use the Services, directly or indirectly:

  • For any unlawful or malicious purpose, or to violate any applicable laws or regulations;
  • To infringe upon or violate our intellectual property rights or those of others;
  • To harass, abuse, harm, defame, intimidate, or discriminate against any person;
  • To transmit false or misleading information;
  • To upload or transmit viruses or any other malicious code;
  • To reproduce, duplicate, copy, sell, or exploit any portion of the Services;
  • To collect or track the personal information of others without consent;
  • To spam, phish, pharm, or engage in similar deceptive practices;
  • To use any automated tools, bots, scrapers, or AI agents to access the Services without authorization;
  • To interfere with or circumvent the security features of the Services.

We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.


Section 14 — Agents

This section applies if you use, allow, enable, or cause the deployment of an automated agent ("Agent") to access, use, or interact with any Services. An Agent means any software or service that takes autonomous or semi-autonomous action on behalf of any person or entity without direct supervision.

No Agent may access, use, or interact with the Services unless it at all times: (i) identifies itself as an Agent in all HTTP/HTTPS requests; (ii) does not conceal or obfuscate that interactions are from an Agent; (iii) does not mimic human behavior or complete CAPTCHAs; (iv) responds truthfully to any prompt seeking to determine if interactions are from a human or computer; and (v) does not circumvent any measure intended to limit or control Agent access. We may limit, by technical or other means, whether and how any Agent accesses the Services.


Section 15 — SMS Marketing Program

Tailspark may offer an SMS/MMS mobile messaging program (the "SMS Program") through which you may receive promotional and transactional messages. By opting into the SMS Program, you agree to the following terms.

User Opt-In. You may opt into the SMS Program by providing your mobile phone number and affirmatively consenting to receive SMS/MMS messages from Tailspark. By opting in, you agree to receive recurring automated marketing and transactional text messages, including promotions, order updates, shipping notifications, and other service-related communications. Consent is not a condition of any purchase.

User Opt-Out. You may opt out of the SMS Program at any time by replying STOP to any message you receive from us. You will receive a one-time confirmation that you have been unsubscribed. No further messages will be sent to your device unless you re-enroll. For help, reply HELP to any message or contact us at hello@tailspark.com.

Message Frequency and Rates. Message frequency may vary. Standard message and data rates may apply depending on your wireless carrier and plan. Tailspark is not responsible for any charges imposed by your wireless carrier in connection with the SMS Program.

Carrier Disclaimer. Wireless carriers are not liable for delayed or undelivered messages. Delivery of messages is subject to effective transmission from your wireless service provider and is outside of our control. If your mobile phone number changes, you must re-enroll to continue receiving messages.

Duty to Notify. If you intend to stop using the mobile number enrolled in the SMS Program, including by canceling your service plan or transferring the number to another party, you agree to opt out prior to doing so. If you fail to do so, you agree to be responsible for any costs or liabilities arising from messages sent to that number after transfer.

Privacy. Your mobile number and SMS consent data will not be shared with third parties for their own marketing purposes. For information on how we handle your personal information, please review our Privacy Policy at tailspark.com.


Section 16 — Termination

We may terminate these Terms or your access to the Services, or any part thereof, at any time without notice, at our sole discretion. You will remain liable for all amounts due up to and including the date of termination.

The following sections will survive termination: Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, Governing Law, and any other provisions that by their nature should survive termination.


Section 17 — Disclaimer of Warranties

EXCEPT AS EXPRESSLY STATED BY TAILSPARK, 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, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.


Section 18 — Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL TAILSPARK LLC, 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, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY. WHERE APPLICABLE LAW DOES NOT ALLOW SUCH EXCLUSIONS OR LIMITATIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.


Section 19 — Indemnification

You agree to indemnify, defend, and hold harmless Tailspark LLC, 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, arising out of or related to: (1) your breach of these Terms; (2) your violation of any law or the rights of a third party; or (3) your access to and use of the Services.

We will notify you of any indemnifiable claim. We may control the defense and settlement of such claims at your expense, but will not settle any claim requiring non-monetary obligations from you without your consent.


Section 20 — Severability

If any provision of these Terms 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 severed from these Terms. Such determination shall not affect the validity and enforceability of any remaining provisions.


Section 21 — Waiver and Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms, together with our Privacy Policy and Refund Policy, constitute the entire agreement between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written.


Section 22 — Assignment

You may not delegate, transfer, or assign these Terms or any of your rights or obligations hereunder without our prior written consent. Any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.


Section 23 — Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of the State of Wyoming, without regard to its conflict of law provisions, except where applicable federal or state consumer protection law requires otherwise. You and Tailspark consent to venue and personal jurisdiction in the courts located in the State of Wyoming for any disputes arising under these Terms, except where applicable law provides otherwise.


Section 24 — Changes to Terms of Service

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms at any time by posting updates to tailspark.com. We will notify you of any material changes in accordance with applicable law. Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes. It is your responsibility to check this page periodically for updates.


Section 25 — Contact Information

Questions about these Terms of Service should be directed to:

  • TAILSPARK LLC
  • Email: hello@tailspark.com
  • Address: 226 Almeria Ave, Unit 2050, Coral Gables, FL 33134, US
  • Website: tailspark.com


These Terms of Service are effective as of the date stated above and apply to all users of tailspark.com.