Terms of service
OVERVIEW
Welcome to CloudCUP. CloudCUP is a brand owned and operated by Yellow Sparrow OU, an Estonian private limited company. For purposes of these Terms, "CloudCUP" refers to Yellow Sparrow OU operating under the CloudCUP brand, and the terms "we", "us", and "our" refer to Yellow Sparrow OU. Yellow Sparrow OU operates this store and website, including all related information, content, features, tools, products, and services (the "Services"). The Services are powered by Shopify.
The below 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 of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
You may use the Services only if you are legally capable of entering into a binding agreement under applicable law. If you use the Services on behalf of a company or other organization, you represent that you have authority to act on its behalf.
When creating an account or placing an order, you must provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for activity conducted through your account.
You must not misuse another person's account or provide false or misleading account information.
SECTION 2 - OUR PRODUCTS
We make reasonable efforts to describe and present our products accurately. Product colors and appearance may vary slightly depending on your device, screen settings, manufacturing tolerances, or other factors.
Product descriptions, specifications, compatibility information, images, and availability may be updated from time to time. We may discontinue products or limit quantities where reasonably necessary.
Customers are responsible for reviewing product specifications and compatibility information before ordering. Nothing in this section limits any mandatory consumer rights available under applicable law.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase the selected products. An order is accepted when we confirm acceptance or begin processing the order.
We may decline, cancel, or adjust an order where reasonably necessary, including in cases of product unavailability, incorrect pricing or product information, suspected fraud, payment issues, or where required by applicable law. If an order is cancelled after payment has been received, any amount due to you will be refunded in accordance with applicable law.
Returns, exchanges, and refunds are handled in accordance with our Refund Policy.
Nothing in this section limits any mandatory rights available to consumers under applicable law.
SECTION 4 - PRICES AND BILLING
Prices, discounts, and promotions may change without notice. The price charged for a product will be the price displayed at the time the order is placed, subject to correction of obvious errors. Any applicable taxes, shipping charges, customs duties, or import fees will be shown or applied as required by applicable law.
Prices available through the Services may differ from prices offered through third-party marketplaces or other sales channels. Promotions may be subject to separate terms and conditions.
You are responsible for providing accurate and current billing, payment, and contact information necessary to process your order.
SECTION 5 - SHIPPING AND DELIVERY
We aim to process and deliver orders within the estimated timeframes provided through the Services. Delivery times are estimates and may be affected by shipping carriers, customs processing, or circumstances outside our reasonable control. Responsibility for loss or damage during delivery will be determined in accordance with applicable law. Please see our Shipping Policy for additional information regarding shipping and delivery.
SECTION 6 - INTELLECTUAL PROPERTY
CloudCUP is a brand owned and operated by Yellow Sparrow OU. Unless otherwise stated, the original text, product photographs, graphics, product designs, website content, and other original materials displayed through the Services are owned by or licensed to Yellow Sparrow OU and are protected by applicable copyright, trademark, and other intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You may not reproduce, copy, distribute, modify, create derivative works from, publicly display, republish, download, store, transmit, scrape, extract, or otherwise use any original CloudCUP material, including product photographs, graphics, product designs, text, or other website content, without prior written permission from Yellow Sparrow OU, except where such use is permitted by applicable law. Nothing in these Terms grants any license or other rights in the intellectual property of Yellow Sparrow OU, CloudCUP, Shopify, or any third party. All rights not expressly granted are reserved.
CLOUDCUP is a trademark owned by Yellow Sparrow OU. The CloudCUP name, logo, product names, and other brand identifiers may not be used without prior written permission from Yellow Sparrow OU. All third-party trademarks, product names, and brand names appearing on the Services are the property of their respective owners. References to third-party brands, including Nutribullet and Vitamix, are used solely to identify product compatibility and do not imply affiliation, sponsorship, endorsement, or authorization by the respective trademark owners.
SECTION 7 - THIRD-PARTY TOOLS
The Services may occasionally provide access to tools, features, or services supplied by third parties. Your use of any third-party tool or service may be subject to the terms and policies of the relevant provider.
We are not responsible for the availability or operation of third-party tools except to the extent required by applicable law.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain links to websites or services operated by third parties. These links are provided for convenience or informational purposes.
We do not control and are not responsible for the content, availability, security, or practices of third-party websites. Your use of third-party websites or services is subject to the terms and policies of the relevant third party.
Nothing in this section limits any liability that cannot lawfully be excluded under applicable law.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
CloudCUP is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with CloudCUP. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and CloudCUP, including any injury, damage, or loss resulting from purchased products and 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 CloudCUP.
SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here, and certain personal information may be subject to Shopify's Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify 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 other countries than where you reside, in order to provide services to you. Review our privacy policy for more details on how we, Shopify, and our partners use your personal information.
SECTION 11 - FEEDBACK
If you voluntarily submit suggestions, comments, reviews, or other feedback regarding CloudCUP products or the Services, you grant us permission to use that feedback for legitimate business purposes, including improving our products, Services, and customer experience, to the extent permitted by applicable law.
You must not submit content that infringes the rights of any third party, contains unlawful or misleading material, or includes malicious software. You remain responsible for the content you submit.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
We make reasonable efforts to keep the information available through the Services accurate and current. However, product descriptions, pricing, availability, shipping information, promotions, or other content may occasionally contain errors, inaccuracies, or omissions.
We reserve the right to correct or update such information and, where necessary, to cancel or adjust an order if material information was incorrect at the time the order was placed, subject to applicable law.
SECTION 13 - PROHIBITED USES
You may use the Services only for lawful purposes. You must not use the Services to violate any applicable law, infringe the intellectual property or other rights of any person or entity, transmit false or misleading information, distribute malicious software, interfere with the security or operation of the Services, collect personal information without authorization, send unsolicited communications, impersonate another person or entity, or otherwise misuse the Services.
You may not reproduce, scrape, extract, copy, resell, or commercially exploit any part of the Services or CloudCUP content without prior written permission from Yellow Sparrow OU, except where permitted by applicable law.
We may restrict or terminate access to the Services where we reasonably believe these Terms have been violated.
SECTION 14 - AUTOMATED ACCESS
Automated systems, bots, agents, scraping tools, or similar technologies may not access, copy, extract, or interact with the Services in a manner that violates these Terms, interferes with the operation or security of the Services, or infringes the intellectual property or other rights of Yellow Sparrow OU or any third party.
SECTION 15 - TERMINATION
We may suspend or terminate access to the Services where we reasonably believe these Terms have been violated, where required by law, or where necessary to protect the security, operation, or integrity of the Services.
Termination does not affect any rights, obligations, or liabilities that arose before termination. Provisions that by their nature are intended to survive termination, including those relating to intellectual property, liability, and applicable law, will remain in effect.
SECTION 16 - DISCLAIMER OF WARRANTIES
We make reasonable efforts to ensure that the information presented through the Services is accurate and current. However, information may occasionally contain errors or omissions and is provided for general informational purposes.
Except where expressly stated by CloudCUP and to the fullest extent permitted by applicable law, the Services are provided on an "as is" and "as available" basis. Nothing in these Terms excludes, restricts, or limits any warranty, statutory right, or consumer protection that cannot lawfully be excluded or limited under applicable law.
SECTION 17 - LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, CloudCUP and Yellow Sparrow OU shall not be liable for indirect, incidental, special, or consequential losses arising from the use of the Services or products purchased through the Services, except where such liability cannot lawfully be excluded or limited.
Nothing in these Terms excludes or limits liability for fraud, wilful misconduct, death or personal injury caused by negligence, or any other liability that cannot be excluded or limited under applicable law.
SECTION 18 - INDEMNIFICATION
You are responsible for any losses, damages, or claims arising from your unlawful use of the Services, your violation of these Terms, or your infringement of the rights of a third party, to the extent permitted by applicable law.
Nothing in this section limits or excludes any rights or protections available to consumers under mandatory applicable law.
SECTION 19 - SEVERABILITY
In the event that any provision of these Terms of Service 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 to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 20 - WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
These Terms of Service, together with the policies and other terms expressly referenced on this website, constitute the entire agreement between you and us regarding your use of the Services and supersede any prior agreements or communications relating to the same subject matter.
If any provision of these Terms is unclear, it shall be interpreted in accordance with applicable law.
SECTION 21 - ASSIGNMENT
You may not assign or transfer your rights or obligations under these Terms without our prior written consent, except where applicable law permits otherwise.
We may assign or transfer our rights and obligations under these Terms in connection with a reorganization, sale, transfer of the business, or similar transaction, provided that doing so does not reduce any mandatory rights or protections available to you under applicable law.
SECTION 22 - GOVERNING LAW
These Terms of Service and any separate agreements through which we provide the Services shall be governed by and construed in accordance with the laws of Estonia. If you are a consumer, this choice of law does not deprive you of any mandatory consumer protection rights available to you under the laws of your country of residence. Any disputes shall be subject to the jurisdiction of the competent courts in accordance with applicable law.
SECTION 23 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 24 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 25 - CONTACT INFORMATION
Questions about these Terms of Service should be sent to support@cloudcup.shop.
CloudCUP
Operated by Yellow Sparrow OU
Registry Code: 16836686
VAT Number: EE102685925
Registered Address: Narva mnt 5-246, Tallinn, Harju County, 10117, Estonia
Email: support@cloudcup.shop
Phone: +372 610 4259
Website: www.cloudcup.shop