Terms & Conditions

Last updated: March 6, 2025

Introduction

For the purposes of these terms and conditions, unless otherwise noted, all references to PlushyCloud include SHRx24 LLC dba PlushyCloud and PlushyCloud.com.

This agreement sets forth our Terms and Conditions ("Terms of Use," "Terms," “Terms & Conditions”). It is intended to provide clarity, outline mutual obligations, and offer protection to both parties in the event of unforeseen circumstances or disputes.

PlushyCloud is an e-commerce brand selling the world's most unique and huggable sleeping pillows.

The PlushyCloud website, PlushyCloud.com (the "Sites"), consists of various web pages operated by SHRx24 LLC dba PlushyCloud. PlushyCloud’s services and website are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of PlushyCloud’s services or Sites (PlushyCloud.com) constitute your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference.

By using our Sites, you agree you are at least 18 years of age or the age of majority in the State or territory you live in, and if not, you have obtained consent from a parent or guardian to enter into this agreement and your parent or guardian has read and agrees to the Terms. However, even with parental or guardian consent, you must be at least 13 years of age to use our Sites.

 

Privacy

Your use of PlushyCloud services or website are subject to PlushyCloud’s Privacy Policy found at  PlushyCloud.com/policies/privacy-policy. Please review our Privacy Policy, which also governs the Sites and services and informs users of our data collection practices.

 

Electronic Communications

●      You consent to receive electronic communications, and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, including but limited to via email and on the Sites, satisfy any legal requirement that such communications be in writing.

 

Product or Service Changes

●      Prices for our products are subject to change without notice.

●      We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

●      We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

 

Products or Services

●      Our products or Services may have limited quantities and are subject to return or exchange only based on our Refund Policy: https://PlushyCloud.com/policies/refund-policy

●      We have made every effort to display as accurately as possible the colors and images of our products. Due to display hardware differences, we cannot ensure that what you see on your computer screen will match the actual product.

●      We may limit the sales of our products or Services to any person, geographic region, or jurisdiction.

●      We reserve the right to implement quantity limits for any products or Services that we offer.

●      All product descriptions or pricing are subject to change without notice, at our discretion.

●      We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.

●      We do not warrant that the quality of any PlushyCloud or SHRx24 LLC products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

●      PlushyCloud Limited Warranty outlines the warranty coverage for our products.

 

PayPal Pay in 4

• You are responsible for reading and complying with the terms and disclosures from PayPal during checkout or on PayPal-branded messaging when you apply for PayPal Pay in 4.
• The initial Pay in 4 calculations do not include taxes, shipping, or fees.

 

Children Under Thirteen

●      PlushyCloud does not knowingly collect, either online or offline, personal information from children under the age of thirteen (13).

●      If you are under 13, you are not permitted to use our Sites or services.

●      If we discover that any children under the age of 13 attempted to use our Sites or services and provided personal information, we will delete the information immediately.

 

Links to Third Party Sites/Third Party Services

●      Our Sites may contain links to other websites ("Linked Sites").

●      The Linked Sites are not under the control of PlushyCloud and PlushyCloud is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site.

●      PlushyCloud is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by PlushyCloud of the site or any association with its operators.

●      You agree that visiting Linked Sites is at your own risk.

 

Affiliate Marketing

If you apply for our Affiliate Marketing ("Collabs") program, you agree that you have read and agree to the terms in the PlushyCloud Affiliate Marketing Program Terms & Conditions ("Affiliate Terms"). Submitting your application indicates your acceptance of the Affiliate Terms.

 

No Unlawful or Prohibited Use/Intellectual Property

●      You are granted a non-exclusive, non-transferable, revocable license to access and use our Sites and services strictly in accordance with these terms of use.

●      As a condition of your use of the Sites and services, you warrant to PlushyCloud and SHRx24 LLC that you will not use the Sites or services for any purpose that is unlawful or prohibited by these Terms.

●      You may not use the Sites in any manner which could damage, disable, overburden, or impair the Sites or services or interfere with any other party's use and enjoyment of the Sites or services.

●      You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Sites.

●      All content included as part of the services or Sites, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Sites, is the property of PlushyCloud, SHRx24 LLC, or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights.

●      You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.

●      You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Sites, unless we provide express written permission.

●      PlushyCloud content is not for resale.

●      Your use of the Sites does not entitle you to make any unauthorized use of any protected content, and you will not delete or alter any proprietary rights or attribution notices in any content.

●      You will use protected content solely for your personal use and will make no other use of the content without the express written permission of PlushyCloud and the copyright owner.

●      You agree that you do not acquire any ownership rights in any protected content.

●      We do not grant you any licenses, express or implied, to the intellectual property of PlushyCloud, SHRx24 LLC, or our licensors except as expressly authorized by these Terms or Affiliate Terms, if applicable.

 

No Reverse Engineering of Products

You agree that you will not physically deconstruct, analyze, or otherwise attempt to reverse engineer the designs, materials, or manufacturing processes of any PlushyCloud products, except with our express written permission.

 

User-Generated Content (UGC) Clause
1. Definition of User-Generated Content

For the purpose of this agreement, User-Generated Content ("UGC") refers to various types of content—e.g., text, reviews, pictures, photos, videos, and other media—that are created by users (rather than the Sites itself) and are publicly posted on PlushyCloud’s or SHRx24 LLC’s websites.

User-Generated Content (‘UGC’) also includes posts, photos, videos, or other media published on third-party platforms (e.g., social media sites) where PlushyCloud, its products, or its services are tagged or referenced, including through the use of PlushyCloud’s hashtags.

Hashtags include but are not limited to #PlushyCloud, #FindYourComfortZone, #BeyondComfort, #UniqueCuddlyYours, and others that we may reference in our content or posts.

2. Grant of License to PlushyCloud

●      By submitting, posting, or otherwise sharing UGC on or through our Sites or third-party platform, you grant PlushyCloud (and its successors) and its managing brand, SHRx24 LLC (and its successors), a non-exclusive, irrevocable, worldwide, royalty-free, sub-licensable, transferable, perpetual license to store, use, view, reproduce, distribute, modify, create derivative works, and display the UGC across all available advertising channels (including but not limited to TV, radio, streaming, social media, web, search, email, out-of-home, etc.), as well as PlushyCloud’s and SHRx24 LLC’s, websites, social media channels, and marketing materials.in connection with PlushyCloud (and its successors) business or businesses and  SHRx24 LLC (and its successors), including but not limited to promoting and redistributing part or all of the UGC (and derivative works thereof) in any media formats and through any media channels.

●      You also hereby grant each user of the Sites or third-party platform a non-exclusive license to access your UGC through the Sites or third-party platform and to use, view, reproduce, distribute, share, and display such UGC as permitted through the functionality of the Sites or third-party platform and under these Terms, provided it does not portray PlushyCloud or its managing brand, SHRx24 LLC, in a negative light or aim to harm PlushyCloud or SHRx24 LLC.

●      By tagging PlushyCloud in social media posts or using PlushyCloud-related hashtags, you grant PlushyCloud and SHRx24 LLC the same rights described in Section 2 (Grant of License) above, including but not limited to the right to store, reproduce, distribute, modify, and display your content across PlushyCloud’s and SHRx24 LLC’s websites, social media channels, and marketing materials.

3.     Your Responsibilities and Acknowledgements Regarding UGC

●      You acknowledge and agree that you are responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of any UGC you post.

●      You agree to ensure that your UGC complies with all applicable laws and regulations, and it does not infringe or violate third party intellectual property, privacy, publicity, or other rights.

●      Any UGC you submit or post to the Sites or third-party platform will be considered non-confidential and non-proprietary, and you grant to PlushyCloud the rights described above.

4.     Prohibited Content

●      You agree not to post any UGC that is illegal, obscene, threatening, defamatory, an invasion of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages.

●      You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content.

●      PlushyCloud has the right but not the obligation to oversee, monitor, edit, or remove any UGC provided by users that is deemed harmful, offensive, or violating these terms. PlushyCloud may also suspend or terminate the user accounts from which such prohibited UGC is posted.

5.     Notice

·       If you do not wish for PlushyCloud to share or repurpose your social media content, please do not tag or mention PlushyCloud, or use PlushyCloud-related hashtags in such posts.

 

6.     Additional or Separate Agreements

·       Certain UGC (or certain partnerships) may be covered by additional or separate agreements, which supersede the standard UGC license to the extent of any conflict. Unless otherwise agreed in a separate, written agreement signed by both parties, all UGC is licensed to PlushyCloud under the terms described herein.

 

User Ideas and Suggestions

PlushyCloud values your input and encourages you to communicate your ideas and suggestions ("Submissions") for product development and to enhance our Sites, products, and services.

By sharing your ideas and suggestions, you acknowledge and agree that:

●      Your Submissions are voluntary and are made without any condition that you will receive acknowledgment, credit, or any compensation of any kind.

●      You grant PlushyCloud (and its successors) and its managing brand, SHRx24 LLC (and its successors), a non-exclusive, irrevocable, worldwide, royalty-free, sub-licensable, perpetual license to store, use, copy, license, sublicense, adapt, distribute, display, reproduce, transmit, modify, edit, and otherwise exploit such Submissions.

●      PlushyCloud and SHRx24 LLC may use or redistribute Submissions and their contents for any purpose in any way, and there is no obligation for PlushyCloud or SHRx24 LLC to review the Submission.

●      Your Submissions do not entitle you to compensation or reimbursement of any kind from PlushyCloud or SHRx24 LLC under any circumstances.

●      Your Submissions automatically become the property of PlushyCloud and SHRx24 LLC without any obligation of PlushyCloud or SHRx24 LLC to you; and

●      PlushyCloud and SHRx24 LLC may use or redistribute the Submissions and their contents for any purpose and in any way without restriction and without compensation to you or any third party.

●      Your Submissions are not confidential or proprietary, and PlushyCloud or SHRx24 LLC are not obligated to treat them as such. If you wish to preserve any interest you might have in your ideas or suggestions, you should not share them with PlushyCloud.

You agree and confirm that your Submissions:

●      Are original to you and do not violate the intellectual property rights of third parties.

●      Are not unlawful, defamatory, infringing, obscene, or abusive.

●      Do not contain viruses, worms, corrupt files, Trojan horses, or other forms of corruptive code, or any other content which may compromise the PlushyCloud Sites and services.

Remember, you are solely responsible for your Submissions, and PlushyCloud (and its successors) and SHRx24 LLC (and its successors), shall not be liable for any infringement of copyright laws, proprietary rights, or any other harm resulting from such a Submission.

 

International Users

●      The Sites are controlled, operated, and administered by PlushyCloud within the United States.

●      We currently only offer our products and services within the United States.

○      If you access the Sites from a location outside the United States, you are responsible for compliance with all local laws.

●      You agree that you will not use the PlushyCloud Content accessed through our Sites in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.

 

Indemnification

●      You agree to indemnify, defend, and hold harmless PlushyCloud, SHRx24 LLC, their officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorney's fees) relating to or arising out of:

○      Your use of or inability to use the Sites or services.

○      Any user postings made by you (if applicable).

○      Your violation of any terms of this Agreement or your violation of any rights of a third party.

○      Your violation of any applicable laws, rules, or regulations.

●      PlushyCloud and SHRx24 LLC reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with PlushyCloud and SHRx24 LLC in asserting any available defenses.

 

Force Majeure

●      Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to:

○      Any Act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, earthquake, flood, pandemic, strike, infrastructure failures (communications, networking, internet service, power, etc), changes in regulations, supply chain failures, import or export restrictions, or any other natural or man-made event outside of our control.

●      Any party affected by such event shall inform the other party of the event and shall make a reasonable effort to comply with the terms and conditions contained herein.

 

Price Adjustment

1.   General Right to Adjust Prices

PlushyCloud reserves the right to adjust product prices, shipping fees, and any other related charges in response to pricing errors or external factors such as tariffs, duties, taxes, changes in inflation rates, currency fluctuations, supply chain disruptions, or other economic conditions. If such adjustments are needed, PlushyCloud will update the prices on the Site accordingly.

2.   Notice of Adjustments

·       Posting Updated Prices: Updated prices will be reflected on the Sites. It is your responsibility to review the current prices before making a purchase.

·       Pending Orders: For orders already placed but not yet shipped, PlushyCloud may inform you if a significant price adjustment is necessary due to errors or newly imposed or increased tariffs, rapid inflation, tariffs, or other unforeseen market factors. You will then have the option to proceed with or cancel the order.

3.   Exceptions & Discretion

PlushyCloud may, at its sole discretion, waive or delay any price adjustments under certain promotional events or specific circumstances. These exceptions do not constitute a permanent waiver of PlushyCloud’s right to adjust prices in the future.

 

Arbitration

●      In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief:

○      Such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties.

●      Arbitration may only be conducted virtually using a secure video conferencing service or application. An exception may be made to conduct in-person arbitration if the parties are unable to find an arbitrator to conduct arbitration virtually.

●      The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction.

●      In the event that any legal or equitable action, proceeding, or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees.

●      The parties agree to arbitrate all disputes and claims in regard to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions.

●      The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision.

●      The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator.

●      This arbitration provision shall survive the termination of these Terms and Conditions.

 

Class Action Waiver

●      Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted.

●      THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE, AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER.

●      Unless both you and PlushyCloud agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

 

Liability Disclaimer

●      THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.

●      PLUSHYCLOUD AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

●      PLUSHYCLOUD AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE.

●      TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND, UNLESS EXPRESSLY NOTATED OTHERWISE.

●      PLUSHYCLOUD AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

●      TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PLUSHYCLOUD AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF PLUSHYCLOUD OR ANY OF ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

○      BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

 

Termination/Access Restriction

●      PlushyCloud reserves the right, in its sole discretion, to terminate your access to the Sites and the related services or any portion thereof at any time, without notice.

●      Use of the Sites is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

 

Governing Law

●      To the maximum extent permitted by law, this agreement is governed by the laws of the State of Ohio, United States of America.

●      You hereby consent to the exclusive jurisdiction and venue of courts in Ohio in any dispute arising out of or relating to the use of the Sites or services that is not subject to the arbitration requirements outlined in the Arbitration Section.

 

Miscellaneous

●      You agree that no joint venture, partnership, employment, or agency relationship exists between you and PlushyCloud or SRXx24 LLC as a result of this agreement or use of the Sites or services.

●      PlushyCloud’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of PlushyCloud’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Sites or information provided to or gathered by PlushyCloud with respect to such use.

●      If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

●      Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and PlushyCloud with respect to the Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and PlushyCloud with respect to the Sites.

●      A printed version of this agreement and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

●      It is the express wish to the parties that this agreement and all related documents be written in English.

 

Changes to Terms

●      PlushyCloud reserves the right, in its sole discretion, to update the Terms.

●      The most current version of the Terms will supersede all previous versions.

●      PlushyCloud encourages you to periodically review the Terms to stay informed of our updates.

 

Contact

PlushyCloud welcomes your questions or comments regarding the Terms:
SHRx24 LLC dba PlushyCloud
legal@PlushyCloud.com
Please include "Terms" in the subject line

Effective as of March 6, 2025