Terms of service

Last updated: July 25, 2025

Site Terms And Conditions

By using humanbyday.shop you agree to be bound by these Terms and Conditions. We reserve the right to update or modify these Terms at any time without prior notice. If you do not agree to these Terms, please do not use or access the Site. Your use of humanbyday.shop constitutes your agreement to follow and be bound by these Terms.You can review the most current version of the Terms of Service at any time on this page. It is your responsibility to check our website periodically for changes.

Use Restrictions

Please note that some provisions may only apply to certain categories of users. In particular, certain provisions may only apply to consumers or to those users who do not qualify as consumers. Such limitations are always explicitly mentioned within each affected clause. In the absence of any such mention, clauses apply to all users.

This site is intended for users who are at least 16 years of age. All users who are considered minors (generally under 18) must have permission or be supervised by a parent or guardian. If you are a minor, you must have your parent or guardian agree to these legal terms prior to using the services.

Unless stated otherwise, the terms in this section apply generally when using our website.

Specific or additional conditions may apply in certain situations and are noted in this document.

To register or create an account, provide your own information. You can also use the service without an account, but this might limit some features.

You are responsible for keeping your login details confidential and must choose passwords that meet the highest standards of strength as allowed by our website.

By registering, you agree to take full responsibility for all activities under your username and password.

Registration of accounts on our website is subject to the conditions outlined below. By registering, you agree to meet such conditions.

It is not permitted to register accounts by bots or any other automated methods;
You must register only one account, unless otherwise specified;
Your account must not be shared with other persons unless otherwise specified.

Account

Account termination
You can close your account and stop using our service anytime by contacting us via our contact us page.

Account suspension and deletion

We reserve the right to delete your account at any time and without notice if we find it inappropriate, offensive, or in violation of these terms.

Suspending or deleting accounts does not entitle you to claim for any compensation, damages, or reimbursement.

The suspension or deletion of accounts due to causes attributable to you does not exempt you from paying any applicable fees or prices.

PROHIBITED USES

You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm HUMAN BY DAY, Shopify or users of the Services, or expose them to liability.

In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl, or scrape; or (e) interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. 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.

How We Use Your Personal Information

Depending on how you interact with us or which of the Services you use, we may use personal information for the following purposes:

Provide, Tailor, and Improve the Services. We use your personal information to provide you with the Services, including to perform our contract with you, to process your payments, to fulfill your orders, to remember your preferences and items you are interested in, to send notifications to you related to your account, to process purchases, returns, exchanges or other transactions, to create, maintain and otherwise manage your account, to arrange for shipping, to facilitate any returns and exchanges, to enable you to post reviews, and to create a customized shopping experience for you, such as recommending products related to your purchases. This may include using your personal information to better tailor and improve the Services.

Marketing and Advertising.

We use your personal information for marketing and promotional purposes, such as to send marketing, advertising and promotional communications by email, text message or postal mail, and to show you online advertisements for products or services on the Services or other websites, including based on items you previously have purchased or added to your cart and other activity on the Services.

Security and Fraud Prevention.

We use your personal information to authenticate your account, to provide a secure payment and shopping experience, detect, investigate or take action regarding possible fraudulent, illegal, unsafe, or malicious activity, protect public safety, and to secure our services. If you choose to use the Services and register an account, you are responsible for keeping your account credentials safe. We highly recommend that you do not share your username, password or other access details with anyone else.

Communicating with You. We use your personal information to provide you with customer support, to be responsive to you, to provide effective services to you and to maintain our business relationship with you.

Legal Reasons.

We use your personal information to comply with applicable law or respond to valid legal process, including requests from law enforcement or government agencies, to investigate or participate in civil discovery, potential or actual litigation, or other adversarial legal proceedings, and to enforce or investigate potential violations of our terms or policies.

How We Disclose Personal Information

In certain circumstances, we may disclose your personal information to third parties for legitimate purposes subject to this Privacy Policy. Such circumstances may include:

With Shopify, vendors and other third parties who perform services on our behalf (e.g. IT management, payment processing, data analytics, customer support, cloud storage, fulfillment and shipping).
With business and marketing partners to provide marketing services and advertise to you. For example, we use Shopify to support personalized advertising with third-party services based on your online activity with different merchants and websites. Our business and marketing partners will use your information in accordance with their own privacy notices. Depending on where you reside, you may have a right to direct us not to share information about you to show you targeted advertisements and marketing based on your online activity with different merchants and websites. You can exercise your rights to opt-out of those uses here .
When you direct, request us or otherwise consent to our disclosure of certain information to third parties, such as to ship you products or through your use of social media widgets or login integrations.
With our affiliates or otherwise within our corporate group.
In connection with a business transaction such as a merger or bankruptcy, to comply with any applicable legal obligations (including to respond to subpoenas, search warrants and similar requests), to enforce any applicable terms of service or policies, and to protect or defend the Services, our rights, and the rights of our users or others.

Security and Retention of Your Information

Please be aware that no security measures are perfect or impenetrable, and we cannot guarantee "perfect security." In addition, any information you send to us may not be secure while in transit. We recommend that you do not use unsecure channels to communicate sensitive or confidential information to us.

How long we retain your personal information depends on different factors, such as whether we need the information to maintain your account, to provide you with Services, comply with legal obligations, resolve disputes or enforce other applicable contracts and policies.

Your Rights and Choices

Depending on where you live, you may have some or all of the rights listed below in relation to your personal information. However, these rights are not absolute, may apply only in certain circumstances and, in certain cases, we may decline your request as permitted by law.

Right to Access / Know. You may have a right to request access to personal information that we hold about you.
Right to Delete. You may have a right to request that we delete personal information we maintain about you.
Right to Correct. You may have a right to request that we correct inaccurate personal information we maintain about you.
Right of Portability. You may have a right to receive a copy of the personal information we hold about you and to request that we transfer it to a third party, in certain circumstances and with certain exceptions.
Right to Opt out of Sale or Sharing for Targeted Advertising. Depending on where you reside, you may have a right to opt out of the "sale" or "share" of your personal information or to opt out of the processing of your personal information for purposes considered to be "targeted advertising", as defined in applicable privacy laws. You can exercise your rights to opt-out of those uses here. Please note that if you visit our website with the Global Privacy Control opt-out preference signal enabled, depending on where you are, we will automatically treat this as a request to opt-out for the device and browser that you use to visit the website. If we are able to associate the device sending the signal to a Shopify account, we will apply the opt out request to the account as well. To learn more about Global Privacy Control, you can visit https://globalprivacycontrol.org/. Other than the Global Privacy Control, we do not recognize other "Do Not Track" signals that may be sent from your web browser or device.
Managing Communication Preferences. We may send you promotional emails, and you may opt out of receiving these at any time by using the unsubscribe option displayed in our emails to you. If you opt out, we may still send you non-promotional emails, such as those about your account or orders that you have made.

If you reside in the UK or European Economic Area, and subject to exceptions and limitations provided by local law, you may exercise the following rights in addition to the rights outlined above:

Objection to Processing and Restriction of Processing: You may have the right to ask us to stop or restrict our processing of personal information for certain purposes.
Withdrawal of Consent: Where we rely on consent to process your personal information, you have the right to withdraw this consent. If you withdraw your consent, this will not affect the lawfulness of any processing based on your consent before its withdrawal.

You may exercise any of these rights where indicated on the Services or by contacting us using the contact details provided below. To learn more about how Shopify uses your personal information and any rights you may have, including rights related to data processed by Shopify, you can visit https://privacy.shopify.com/en.

We will not discriminate against you for exercising any of these rights. We may need to verify your identity before we can process your requests, as permitted or required under applicable law. In accordance with applicable laws, you may designate an authorized agent to make requests on your behalf to exercise your rights. Before accepting such a request from an agent, we will require that the agent provide proof you have authorized them to act on your behalf, and we may need you to verify your identity directly with us. We will respond to your request in a timely manner as required under applicable law.

Complaints

If you have complaints about how we process your personal information, please contact us using the contact details provided below. Depending on where you live, you may have the right to appeal our decision by contacting us using the contact details set out below, or lodge your complaint with your local data protection authority. For the EEA, you can find a list of the responsible data protection supervisory authorities here.

Shipping and Delivery

Shipping and Delivery Fees are specified at the time of check out. For return policy please see the Shipping and Returns Page. We are not liable for delivery errors due to incorrect or incomplete information provided by you during the purchasing process nor for any damage or delays after delivery to a carrier organized by you and not offered or recommended by us.

We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control.

If the goods are not received within 5 days after the period specified at checkout , contact us to schedule a second delivery attempt or to agree on a future course of action.

Unless otherwise agreed, each delivery attempt after the first one will be at your expense.

If there is a quality issue, such as your item was misprinted or damaged upon arrival. Please contact us within 10 days.

Limits on Purchases

In an effort to enhance your shopping experience and give as many customers as possible the opportunity to purchase our product, we may place limits on purchases and reject purchases or orders for commercial quantities of our products. Products are not currently offered for resale. We also may, among other things, restrict orders placed by or under the same customer account, the same credit card, account and/or orders that use the same billing and/or shipping address. We may also reserve the right to cancel any portion of an order that cannot be fulfilled for any reason.

We reserve the right to limit, cancel or prohibit orders that, in our judgment, appear to be placed in violation of this policy and the right to cease doing business with customers who violate this policy. We may modify this policy at any time without prior notice.

FEEDBACK

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “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 for commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under the Terms of Service.

You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.

We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your Feedback will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive or obscene Feedback, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.

International Transfers

Please note that we may transfer, store and process your personal information outside the country you live in.

If we transfer your personal information out of the European Economic Area or the United Kingdom, we will rely on recognized transfer mechanisms like the European Commission's Standard Contractual Clauses, or any equivalent contracts issued by the relevant competent authority of the UK, as relevant, unless the data transfer is to a country that has been determined to provide an adequate level of protection.

Accuracy of Information on the Site

We do our best to ensure that information on the Site is complete, accurate and current. Despite our efforts, however, information on the Site may occasionally be inaccurate, incomplete or out of date that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and 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).

We make reasonable efforts to accurately display the attributes of our products, including the applicable colors. However, the actual color you see will depend on your computer system. We cannot guarantee that your computer will accurately display such colors. We do not guarantee complete accuracy of the information, content or materials provided through the Site.

The inclusion of any products or services on the Site at a particular time does not imply or warrant that these products or services will be available at any time. We reserve the right to discontinue any product at any time.

OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms of Service.

THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third party sites, you do so at your own risk.

We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.

RELATIONSHIP WITH SHOPIFY

HUMAN BY DAY Services are hosted by Shopify, which collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in countries other than where you reside, in order to provide and improve the Services for you. In addition, to help protect, grow, and improve our business, we use certain Shopify enhanced features that incorporate data and information obtained from your interactions with our Store, along with other merchants and with Shopify. To provide these enhanced features, Shopify may make use of personal information collected about your interactions with our store, along with other merchants, and with Shopify. In these circumstances, Shopify is responsible for the processing of your personal information, including for responding to your requests to exercise your rights over use of your personal information for these purposes. To learn more about how Shopify uses your personal information and any rights you may have, you can visit the Shopify Consumer Privacy Policy . Depending on where you live, you may exercise certain rights with respect to your personal information here Shopify Privacy Portal Link.

FEEDBACK

Limitation of liability

To the maximum extent permitted by applicable law, in no event shall we, along with our subsidiaries, affiliates, officers, directors, agents, partners, suppliers, or employees, be liable for:

any indirect, punitive, incidental, special, consequential, or exemplary damages arising from or related to your use of, or inability to use, the service. This includes damages for loss of profits, goodwill, use, data, or other intangible losses;
any damage, loss, or injury resulting from hacking, tampering, or unauthorized access to your account or the information within it;
errors, mistakes, or inaccuracies in the content provided;
personal injury or property damage resulting from your use of the a product or service;
unauthorized access to our secure servers or personal information stored therein;
interruption or cessation of transmission to or from the service;
bugs, viruses, trojan horses, or similar harmful elements transmitted through the service;
errors or omissions in any content posted, transmitted, or made available through the service;
defamatory, offensive, or illegal conduct of any user or third party.

This limitation of liability section will apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if you have been advised of the possibility of such damage.

Please note that in some jurisdictions, the exclusion or limitation of incidental or consequential damages may not be allowed. This means that these limitations or exclusions might not apply to you. You have specific legal rights, which may vary depending on your jurisdiction. The disclaimers, exclusions, and limitations of liability outlined here may not apply to the extent prohibited by applicable law.

GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the federal and state or territorial courts in the jurisdiction where HUMAN BY DAY is headquartered. You and HUMAN BY DAY consent to venue and personal jurisdiction in such courts.

HEADINGS

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Content and IP

Rights regarding content on our website - All rights reserved. We hold and reserve all intellectual property rights for all content. Unless otherwise noted, all content on our website is owned or provided by us or our licensors. Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by HUMAN BY DAY, its affiliates or licensors and are protected by U.S. and foreign patent, copyright and other 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, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of HUMAN BY DAY or any third party