Terms of service

Overview

Welcome to Thirstee. The terms “we,” “us,” and “our” refer to Thirstee. We operate this website and online store, including the information, content, features, tools, products, and services made available through it (collectively, the “Services”). Our store is powered by Shopify.

These Terms of Service (“Terms”), together with any policies referenced herein, govern your access to and use of the Services. By accessing or using our Services, you agree to these Terms and our Privacy Policy. If you do not agree, please do not use the Services.

1. Access and Account

By using the Services, you represent that you are at least the age of majority in your state or province of residence, or that you have given consent for any minor dependents to use the Services on devices you own or manage.

You may be asked to provide information such as your email address, billing information, payment information, and shipping address. You agree to provide accurate, current, and complete information.

You are responsible for maintaining the security of your account credentials and for activity conducted through your account.

2. Products

We make reasonable efforts to accurately display and describe our products. However, product colors and appearance may vary depending on your device and display settings.

Product descriptions, pricing, availability, and quantities may change at any time without notice. We reserve the right to discontinue products or limit quantities available to any person, geographic region, or jurisdiction.

3. Orders

Submitting an order constitutes an offer to purchase. We reserve the right to accept, decline, modify, or cancel an order at our discretion. An order is not accepted until payment has been processed and we confirm acceptance.

Please review your order carefully before submitting it, as we may be unable to accommodate changes or cancellations after an order has been accepted.

Purchases are subject to our Return Policy.

Products purchased through our website are intended for personal or household use and not for commercial resale or export.

4. Pricing and Billing

Prices, discounts, and promotions may change without notice. The price charged will be the price displayed at the time your order is placed, subject to any applicable discounts or promotions.

Unless otherwise stated, prices do not include applicable taxes, shipping, handling, customs, or import charges.

You agree to provide accurate and current payment and account information and represent that you are authorized to use the payment method provided.

5. Shipping and Delivery

Delivery dates and transit times are estimates and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, weather, or other circumstances outside our reasonable control.

Issues involving damaged products, incorrect items, or other order problems will be handled in accordance with our Return Policy.

6. Intellectual Property

All content available through the Services, including our trademarks, logos, product names, text, images, graphics, videos, audio, designs, and other materials, is owned by or licensed to Thirstee and is protected by applicable intellectual property laws.

The Services and their content are provided for your personal, non-commercial use. You may not reproduce, distribute, modify, republish, sell, or otherwise exploit our content without prior written permission.

7. Third-Party Tools

We may provide access to tools, features, or services operated by third parties. These third-party services are provided on an “as is” and “as available” basis, and your use of them is at your own discretion and subject to any applicable third-party terms.

We may introduce additional features, tools, or resources in the future, which will also be subject to these Terms.

8. Third-Party Links

Our Services may contain links to websites or services operated by third parties. We are not responsible for the content, accuracy, policies, products, or practices of third-party websites.

Your use of third-party websites and services is at your own risk and subject to their respective terms and policies.

9. Relationship with Shopify

Thirstee is powered by Shopify, which enables us to provide the Services to you. However, purchases made through our store are transactions directly between you and Thirstee.

By using the Services, you acknowledge that Shopify is not responsible for any aspect of transactions between you and Thirstee, including injury, damage, or loss arising from products purchased through our store. To the extent permitted by applicable law, you release Shopify and its affiliates from claims arising from or related to purchases and transactions with Thirstee.

10. Privacy

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

Because our store is hosted by Shopify, Shopify may also collect and process information relating to your access to and use of the Services in order to provide and improve its services. Additional information about these practices is available in our Privacy Policy and Shopify’s Privacy Policy.

11. Feedback

If you submit reviews, ideas, suggestions, comments, photos, or other feedback to us, you grant Thirstee a worldwide, royalty-free, sublicensable license to use, reproduce, modify, publish, distribute, and display that content for purposes including operating, improving, and promoting our Services.

You represent that you have the necessary rights to submit such content and that your submission does not violate applicable law or the rights of another person.

12. Errors and Inaccuracies

Occasionally, information on our website may contain errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times, availability, or other information.

We reserve the right to correct errors, update information, or cancel orders affected by inaccurate information at any time, including after an order has been submitted.

13. Prohibited Uses

You may use the Services only for lawful purposes. You may not use the Services to violate any law; infringe the rights of others; transmit malicious code; engage in fraud, harassment, abuse, or deceptive activity; collect personal information without authorization; spam, scrape, crawl, or interfere with the Services; or circumvent security features.

We reserve the right to suspend or terminate access to the Services if we reasonably believe these Terms have been violated.

14. Termination

We may suspend or terminate your access to the Services at our discretion where permitted by applicable law.

Any provisions that by their nature should survive termination—including provisions concerning intellectual property, liability, indemnification, and governing law—will remain in effect.

15. Disclaimer of Warranties

To the fullest extent permitted by applicable law, the Services and products offered through the Services are provided “as is” and “as available,” without warranties or conditions of any kind except those expressly provided by Thirstee or required by law.

We do not guarantee that access to the Services will always be uninterrupted, timely, secure, or error-free.

Some jurisdictions do not permit certain warranty exclusions, so portions of this section may not apply to you.

16. Limitation of Liability

To the fullest extent permitted by applicable law, Thirstee and its affiliates, partners, directors, officers, employees, agents, contractors, service providers, and licensors will not be liable for indirect, incidental, special, punitive, or consequential damages arising from your use of the Services or products purchased through the Services.

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

17. Indemnification

To the extent permitted by applicable law, you agree to indemnify and hold harmless Thirstee, Shopify, and our respective affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from third-party claims, damages, liabilities, and reasonable legal expenses arising from your violation of these Terms, applicable law, or the rights of another person.

18. 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, and the remaining provisions will remain in effect.

19. Waiver and Entire Agreement

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision.

These Terms, together with the policies referenced herein, constitute the agreement between you and Thirstee concerning your use of the Services and supersede prior agreements or communications concerning the Services.

20. Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations as permitted by applicable law.

21. Governing Law

These Terms and any separate agreements through which we provide Services will be governed by and construed in accordance with applicable federal law and the laws of the State of New York, without regard to conflict-of-law principles.

22. Changes to These Terms

We may update these Terms from time to time by posting a revised version on our website. Where required by applicable law, we will provide 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.

23. Contact Information

Questions regarding these Terms of Service may be sent to:

Thirstee
767 Broadway #1119
New York, New York 10003
United States
hello@thirstee.co