TERMS OF SERVICE

Last updated: August 13, 2026

OVERVIEW

Welcome to Smiling Ninja. The terms “we,” “us,” and “our” refer to Jeremiah Franco operating as Smiling Ninja.

Smiling Ninja operates this store and website, including all related information, content, features, tools, products, and services, to provide you with a curated shopping experience (the “Services”). Smiling Ninja is powered by Shopify, which enables us to provide the Services to you.

These terms and conditions, together with any policies referenced herein (the “Terms of Service” or “Terms”), describe your rights and responsibilities when you use the Services.

Please read these Terms carefully. They contain important information about your legal rights and cover matters including warranty disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms and our 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 ACCOUNTS

By agreeing to these Terms, you represent that you are at least the age of majority in your province, state, or jurisdiction of residence. If applicable, you consent to allowing your minor dependents to use the Services on devices you own or manage.

To access, browse, or purchase through the Services, you may be asked to provide information including your email address and billing, payment, and shipping information. You represent that all information you provide is correct, current, and complete and that you have the right to provide it.

You are responsible for maintaining the security of your account credentials and for all activity conducted through your account. You may not transfer, sell, assign, or license your account to another person.

SECTION 2 — OUR PRODUCTS

We make every reasonable effort to display and describe our products accurately. However, colors and product appearance may differ from what you see on your screen due to your device, display settings, garment-dye variations, and the nature of made-to-order production.

Product images may include digital or photographic mockups intended to represent the final product. Minor differences in color, print placement, size, and appearance may occur during production and do not necessarily constitute defects.

We do not guarantee that a product’s appearance will be identical to how it appears on your screen.

Product descriptions may be changed at any time without notice. We reserve the right to discontinue products and limit the quantities offered to any person, geographic region, or jurisdiction.

SECTION 3 — ORDERS

When you place an order, you are making an offer to purchase. Smiling Ninja reserves the right to accept or decline an order for any lawful reason at its discretion. Your order is not accepted until payment has been successfully processed and your order has been confirmed.

Please review your order carefully before submitting it. Smiling Ninja products are made to order, and we may be unable to accommodate changes or cancellations once an order enters production.

If we decline, change, or cancel an order, we will attempt to notify you using the email address, billing address, or phone number provided with the order. If we cancel an order after payment has been processed, we will refund the applicable amount.

Purchases are subject to our Refund Policy.

You represent that your purchases are for personal or household use and not for unauthorized commercial resale or export.

SECTION 4 — PRICES AND BILLING

Prices, discounts, and promotions are subject to change without notice. The price charged will be the price displayed when the order is placed and shown in your order confirmation.

Unless expressly stated otherwise, displayed prices may not include applicable taxes, shipping, customs duties, brokerage fees, or import charges.

Prices may vary by market, currency, location, promotion, or sales channel. Promotions may be subject to separate terms. If promotional terms conflict with these Terms, the promotional terms will govern with respect to that promotion.

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

You represent that:

• The payment information you provide is true, correct, and complete.

• You are authorized to use the payment method provided.

• Charges incurred through your payment method will be honored.

• You will pay all applicable charges, shipping costs, and taxes disclosed during checkout.

SECTION 5 — SHIPPING AND DELIVERY

Processing and delivery times are estimates and are not guaranteed.

Smiling Ninja is not responsible for delays caused by shipping carriers, customs processing, severe weather, labor disruptions, incorrect customer information, or circumstances outside our reasonable control.

Customers are responsible for providing a complete and accurate delivery address. Smiling Ninja is not responsible for delivery problems caused by an incorrect or incomplete address submitted by the customer.

Additional information is available in our Shipping Policy.

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

SECTION 6 — INTELLECTUAL PROPERTY

The Services—including our trademarks, brand names, logos, text, designs, artwork, product names, slogans, photographs, graphics, videos, audio, and the selection and arrangement of such material—are owned by or licensed to Smiling Ninja and are protected by Canadian and international intellectual property laws.

These Terms permit you to use the Services for personal, non-commercial purposes only.

Without our prior written permission, you may not reproduce, distribute, modify, create derivative works from, publicly display, republish, download, store, sell, or transmit material from the Services, except as permitted by law.

Nothing in these Terms grants you a license or ownership right in the intellectual property of Smiling Ninja, Shopify, or any third party.

The Smiling Ninja name, logo, product names, designs, and slogans may not be used without prior written permission. Shopify’s trademarks remain the property of Shopify. All other trademarks appearing through the Services belong to their respective owners.

SECTION 7 — OPTIONAL TOOLS

We may provide access to tools offered by third parties that we do not monitor or control.

Access to these tools is provided “as is” and “as available” without warranties, representations, or endorsements. To the extent permitted by law, we are not responsible for issues arising from your use of optional third-party tools.

Your use of such tools is at your discretion. You should review and understand the applicable third party’s terms before using them.

New features, tools, and resources offered through the Services will also be subject to these Terms.

SECTION 8 — THIRD-PARTY LINKS

The Services may contain links to websites, services, or materials operated by third parties.

We are not responsible for evaluating or guaranteeing the content, accuracy, security, or practices of third-party websites. If you leave our Services to access a third-party website, you do so at your discretion.

To the extent permitted by law, Smiling Ninja is not responsible for harm or damages arising from third-party websites or from products, services, resources, or content purchased or accessed through them.

Review the policies and practices of a third party before completing a transaction. Questions or complaints concerning third-party products or services should be directed to that third party.

SECTION 9 — RELATIONSHIP WITH SHOPIFY

Smiling Ninja is powered by Shopify, which provides the ecommerce technology used to offer the Services.

Sales and purchases made through our store are transactions directly between you and Smiling Ninja. Shopify is not the seller of Smiling Ninja products and is not responsible for fulfilling customer orders or resolving product-related concerns.

To the fullest extent permitted by law, you release Shopify and its affiliates from claims arising solely from purchases and transactions made directly with Smiling Ninja.

SECTION 10 — PRIVACY POLICY

Personal information collected through the Services is handled according to our Privacy Policy. Certain personal information may also be handled according to Shopify’s Privacy Policy.

Because Shopify hosts the Services, Shopify collects and processes certain information about your access to and use of the Services. Information submitted through the Services may be transmitted to Shopify and other service providers, including providers located outside your province, state, or country.

Please review our Privacy Policy for more information about how personal information may be collected, used, stored, and disclosed.

SECTION 11 — FEEDBACK

If you submit reviews, ideas, suggestions, feedback, proposals, photographs, or other content to us (“Feedback”), you grant Smiling Ninja a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display that Feedback for purposes including operating, improving, and promoting the Services.

You represent that:

• You own the Feedback or have the rights needed to submit it.

• You have disclosed any compensation or incentive connected to the Feedback.

• The Feedback complies with these Terms and applicable laws.

We are not obligated to keep Feedback confidential, provide compensation for it, or respond to it.

We may monitor, edit, or remove Feedback that we reasonably believe is unlawful, abusive, defamatory, obscene, misleading, infringing, or otherwise inappropriate.

You may not use a false email address, impersonate another person, or misrepresent the source of Feedback. You remain responsible for the content and accuracy of your submissions.

SECTION 12 — ERRORS, INACCURACIES, AND OMISSIONS

The Services may occasionally 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, and cancel affected orders where information was materially inaccurate, including after an order has been submitted. If we cancel a paid order, we will refund the applicable amount.

SECTION 13 — PROHIBITED USES

You may use the Services only for lawful purposes.

You may not use the Services to:

• Violate any international, federal, provincial, state, or local law.

• Infringe our intellectual property rights or those of another person.

• Harass, threaten, abuse, defame, intimidate, or harm another person.

• Transmit false, fraudulent, or misleading information.

• Upload or distribute viruses, malware, or malicious code.

• Send spam, phishing attempts, or unauthorized solicitations.

• Impersonate another person or entity.

• Collect or track another person’s personal information without authorization.

• Scrape, crawl, reproduce, duplicate, resell, or exploit the Services without authorization.

• Circumvent or interfere with security features of the Services.

• Engage in conduct that restricts another person’s use of the Services or exposes Smiling Ninja, Shopify, or another user to liability.

We may suspend or terminate access to the Services if we reasonably determine that these Terms have been violated.

SECTION 14 — TERMINATION

We may suspend or terminate your access to the Services, or any part of them, if you violate these Terms or applicable law.

You remain responsible for amounts properly due up to the effective date of termination.

Provisions concerning intellectual property, Feedback, disclaimers, limitations of liability, indemnification, severability, governing law, and any other provisions that by their nature should survive termination will remain in effect.

SECTION 15 — DISCLAIMER OF WARRANTIES

Information presented through the Services is provided for general informational purposes. We do not guarantee that all information will always be complete, current, or error-free.

Except as expressly stated by Smiling Ninja or required by law, the Services and products offered through them are provided “as is” and “as available,” without representations, warranties, or conditions of any kind, whether express or implied.

To the fullest extent permitted by law, this includes implied warranties or conditions of merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

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

Some jurisdictions do not permit certain warranty exclusions. In those jurisdictions, these exclusions apply only to the extent legally permitted.

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

SECTION 16 — LIMITATION OF LIABILITY

To the fullest extent permitted by law, Smiling Ninja and its partners, employees, contractors, service providers, and licensors will not be liable for indirect, incidental, punitive, special, or consequential damages arising from your access to or use of the Services or products purchased through them.

This may include lost profits, lost revenue, lost savings, loss of data, replacement costs, or similar damages, whether arising under contract, negligence, strict liability, or another legal theory.

This limitation does not apply where liability cannot legally be excluded or limited, including any liability arising from fraud, willful misconduct, or other circumstances for which limitation is prohibited by applicable law.

SECTION 17 — INDEMNIFICATION

To the fullest extent permitted by law, you agree to indemnify and hold harmless Smiling Ninja, Shopify, and our respective affiliates, partners, employees, agents, contractors, licensors, and service providers from third-party claims, losses, damages, liabilities, and reasonable legal fees arising from:

• Your material breach of these Terms.

• Your violation of applicable law.

• Your infringement of another party’s rights.

• Your misuse of the Services.

We will provide reasonable notice of an indemnifiable claim. You agree to cooperate reasonably in its defense.

This section does not require you to indemnify a party for conduct for which indemnification cannot lawfully be required.

SECTION 18 — SEVERABILITY

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

The remaining provisions will continue in full force and effect.

SECTION 19 — WAIVER AND ENTIRE AGREEMENT

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

These Terms and the policies incorporated by reference represent the entire agreement between you and Smiling Ninja concerning your use of the Services. They replace prior communications or proposals relating to the same subject matter.

Nothing in this section limits rights that cannot legally be waived.

SECTION 20 — ASSIGNMENT

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

We may transfer or assign our rights and obligations in connection with a sale, merger, restructuring, or transfer of the business, subject to applicable law.

SECTION 21 — GOVERNING LAW

These Terms and any separate agreement through which Smiling Ninja provides Services are governed by the applicable laws of the Province of British Columbia and the federal laws of Canada.

You and Smiling Ninja submit to the jurisdiction of the courts located in British Columbia, except where applicable consumer protection law gives you the right to bring a claim in another jurisdiction.

SECTION 22 — HEADINGS

Section headings are included for convenience only and do not limit or otherwise affect the meaning of these Terms.

SECTION 23 — CHANGES TO THESE TERMS

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

We reserve the right to update or replace these Terms by posting the revised version on our website.

Where required by law, we will provide notice of material changes. Changes will take effect on the date stated in the notice or on the date the revised Terms are posted.

Your continued use of the Services after changes become effective constitutes acceptance of the revised Terms, except where additional consent is required by law.

SECTION 24 — CONTACT INFORMATION

Questions about these Terms or your order can be sent to:

Smiling Ninja
Surrey, British Columbia, Canada
Email: info@smilingninja.com

Additional contact options may be added as the business grows.