Terms of service
Kindly Stubborn — Terms of Service
OVERVIEW
Welcome to Kindly Stubborn. Throughout these Terms of Service, the terms “we,” “us,” and “our” refer to Kindly Stubborn.
By visiting our website, purchasing a product, downloading digital content, or otherwise using our services, you agree to these Terms of Service. Please read them carefully before using our website or purchasing our products.
Our store is hosted by Shopify, which provides the e-commerce platform that allows us to offer our products and services to you.
1. ONLINE STORE TERMS
By using this website, you confirm that you are at least the age of majority in your province, state, or country of residence, or that you have permission from a parent or legal guardian.
You may not use our products or services for any unlawful or unauthorized purpose.
2. DIGITAL PRODUCTS
Kindly Stubborn primarily offers digital products, including but not limited to planners, journals, worksheets, templates, printables, and other downloadable resources.
Digital products are delivered electronically. No physical product will be shipped unless a product listing specifically states otherwise.
Customers are responsible for ensuring they have a compatible device, software, printer, or application required to access or use their purchased digital files.
Colours, formatting, sizing, and appearance may vary slightly depending on your device, screen settings, printer, paper, software, or other equipment.
3. PERSONAL USE LICENSE
Unless otherwise stated in the product description, all digital products purchased from Kindly Stubborn are licensed for personal, non-commercial use only.
Your purchase does not transfer ownership or copyright of the product to you.
You may download and print purchased products for your own personal use.
You may not reproduce, resell, redistribute, share, upload, sublicense, modify for resale, or commercially exploit any Kindly Stubborn product or design without prior written permission.
You may not purchase one copy and distribute it to friends, family members, clients, coworkers, organizations, online groups, or other individuals.
4. INTELLECTUAL PROPERTY
Unless otherwise stated, the content and original products available through Kindly Stubborn—including designs, graphics, text, layouts, branding, logos, downloadable materials, and other original content—are owned by or licensed to Kindly Stubborn and are protected by applicable intellectual-property laws.
Nothing in these Terms grants you ownership of our intellectual property.
5. ORDERS AND PAYMENT
When you place an order, you agree to provide current, complete, and accurate billing and contact information.
We reserve the right to refuse, limit, or cancel an order where reasonably necessary, including suspected fraud, unauthorized resale, pricing errors, or misuse of our products or website.
Prices may change without notice. The price displayed when your order is submitted will generally be the price charged, subject to correction of obvious errors and applicable law.
6. DIGITAL DELIVERY
Digital products are generally made available electronically following successful payment.
Delivery may occur through a download link, email, customer account, or another digital delivery method.
Occasionally, technical issues outside our reasonable control may delay access. If you experience difficulty accessing a purchase, please contact Kindly Stubborn so we can assist.
7. RETURNS AND REFUNDS
Because digital products are delivered electronically and cannot physically be returned, all digital product sales are generally final once the digital content has been delivered or accessed, except where a refund or remedy is required by applicable law.
If you receive the wrong file, experience a technical problem with your download, or believe there is an issue with your purchase, please contact us and we will make reasonable efforts to resolve the problem.
Any separate Return and Refund Policy displayed on our website forms part of these Terms.
8. PRODUCT INFORMATION
We make reasonable efforts to accurately describe and display our products.
However, we cannot guarantee that colours, images, layouts, or other digital representations will appear exactly the same on every device or when printed.
We may update, modify, discontinue, or replace products at any time.
9. EDUCATIONAL AND INFORMATIONAL PURPOSES
Some Kindly Stubborn products may contain prompts, wellness-related content, organizational tools, inspirational material, personal reflections, or general educational information.
Such content is provided for general informational, organizational, or personal-use purposes only and is not medical, psychological, legal, financial, or other professional advice.
Our products are not intended to diagnose, treat, cure, or prevent any medical or mental-health condition. Always seek appropriate professional advice when needed.
10. THIRD-PARTY SERVICES
Our website may use or link to third-party services, applications, payment processors, websites, or tools.
We are not responsible for the content, availability, privacy practices, or actions of third-party websites or services. Your use of third-party services may also be subject to their own terms and policies.
11. SHOPIFY
Our store is hosted by Shopify. Shopify provides the e-commerce technology that enables us to operate our online store.
Purchases made through Kindly Stubborn are transactions between you and Kindly Stubborn, subject to Shopify's applicable role as our commerce platform and service provider.
12. PRIVACY
Your use of our website and any personal information collected through it are subject to our Privacy Policy.
Shopify and other service providers may process certain information necessary to operate our store, process transactions, prevent fraud, and provide services.
Please review the Privacy Policy available on our website for additional information.
13. PROHIBITED USES
You may not use our website, products, or services to violate applicable laws; infringe intellectual-property rights; distribute malicious code; attempt unauthorized access to our systems; harass or harm others; misrepresent your identity; collect information unlawfully; or reproduce, distribute, or resell our digital products contrary to these Terms.
We reserve the right to restrict or terminate access where these Terms are violated.
14. DISCLAIMER OF WARRANTIES
We make reasonable efforts to provide accurate and useful products and information. However, except as required by applicable law, our website, services, and digital products are provided on an “as available” basis without guarantees that they will meet every individual's needs or expectations.
Nothing in these Terms excludes warranties or consumer protections that cannot legally be excluded.
15. LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, Kindly Stubborn will not be liable for indirect, incidental, special, or consequential damages arising from the use or inability to use our website, services, or digital products.
Nothing in these Terms limits liability that cannot legally be limited or excluded under applicable law.
16. INDEMNIFICATION
To the extent permitted by applicable law, you agree to indemnify and hold Kindly Stubborn harmless from claims, losses, or expenses resulting from your unlawful use of our services, violation of these Terms, or infringement of another person's rights.
17. SEVERABILITY
If any provision of these Terms is found to be unlawful or unenforceable, that provision will be enforced to the maximum extent permitted by law, and the remaining provisions will remain in effect.
18. TERMINATION
We may suspend or terminate access to our services where these Terms are materially violated or where reasonably necessary to protect Kindly Stubborn, our customers, or our services.
Terms relating to intellectual property, liability, and other provisions that by their nature should continue will survive termination.
19. ENTIRE AGREEMENT
These Terms of Service, together with our Privacy Policy, Return and Refund Policy, and other policies displayed on our website, constitute the agreement governing your use of our store and products.
20. GOVERNING LAW
These Terms of Service are governed by the applicable laws of Ontario, Canada, and the applicable federal laws of Canada, without limiting any mandatory consumer protections that may apply to you based on your location.
21. CHANGES TO THESE TERMS
We may update these Terms of Service periodically. The most current version will be available on this page.
Changes become effective when posted or as otherwise required by applicable law. Continued use of our website after changes take effect constitutes acceptance of the updated Terms where permitted by law.
22. CONTACT INFORMATION
Questions regarding these Terms of Service or your purchase can be sent to:
Kindly Stubborn
Email: melissaquesnel4@outlook.com