Terms of service

OVERVIEW

Welcome to 5AM Culture — where discipline meets design.
Throughout these Terms of Service, the expressions “we,” “us,” and “our” refer to 5AM Culture. Our online store, website, features, content, tools, products, and services (collectively, the “Services”) are operated by 5AM Culture and powered by Shopify, our trusted e-commerce platform.

These Terms of Service, along with all policies referenced herein (the “Terms”), outline your rights and responsibilities when engaging with our Services.

Please read them carefully, as they include important information regarding limitations of liability, warranty disclaimers, and your obligations as a customer.

By visiting or using any part of our Services, you agree to be bound by these Terms and our Privacy Policy.
If you do not agree, please refrain from using our Services.

SECTION 1 — ACCESS & ACCOUNT

By accessing the Services, you confirm that you are of legal age in your jurisdiction and that you authorize any minor dependents using devices you own or manage.

To use the Services — including browsing, purchasing, or interacting with features — you may be required to provide accurate, current, and complete information such as your name, email, billing details, or shipping information. You affirm that you have the right to provide all information submitted.

You are fully responsible for maintaining the confidentiality of your login credentials and for all activity under your account.
Your account may not be transferred, assigned, or sold.

SECTION 2 — OUR PRODUCTS

We strive for accuracy in representing our products. However, product colors, textures, and appearance may vary based on your device and display settings.

We do not warrant that products will meet your expectations or precisely match depictions shown online.

All product descriptions, features, or pricing may be modified or discontinued at any time. We also reserve the right to limit product quantities by customer, region, or order — at our discretion.

SECTION 3 — ORDERS

Your order represents an offer to purchase.
5AM Culture reserves the right to accept or decline any order at our discretion. Orders are only accepted once payment is processed and confirmation is issued.

Please review your order before submitting, as cancellation requests may not be accommodated once accepted.

If an order is declined, modified, or cancelled, we will attempt to notify you using the contact details provided at checkout.

All purchases are subject to our Refund Policy.
You confirm that all purchases are for personal use and not for commercial resale or export.

SECTION 4 — PRICES & BILLING

Pricing, promotions, and discounts may change without prior notice. The price applicable to your order will be the price displayed at the time of purchase.

Unless stated otherwise, taxes, duties, shipping, and additional charges are not included.

Prices on our website may differ from physical retail or third-party platforms.

You agree to provide accurate, updated billing details and authorize us to charge your payment method for all applicable amounts. You represent that:

  1. Your payment information is valid and complete.

  2. You are authorized to use the provided payment method.

  3. All charges will be honored by your provider.

  4. You will pay all fees, including applicable taxes and shipping.

SECTION 5 — SHIPPING & DELIVERY

All delivery timelines are estimates only.
We are not responsible for delays caused by carriers, customs, logistics, or unforeseen circumstances.

Once the product is handed to the shipping carrier, ownership and risk transfer to you.

SECTION 6 — INTELLECTUAL PROPERTY

All trademarks, logos, designs, images, videos, text, graphics, and other content on our Services are owned by 5AM Culture, Shopify, or respective licensors and are protected by global intellectual property laws.

You may use the Services only for personal, non-commercial purposes.
No content may be reproduced, copied, modified, distributed, or exploited without our written permission.

All rights not expressly granted remain reserved.

SECTION 7 — OPTIONAL TOOLS

We may provide access to third-party tools. These are offered “as is” and “as available”, without warranties or endorsements.

Your use of these tools is entirely at your discretion and subject to the third-party’s terms.

New features or tools introduced in the future will also fall under these Terms.

SECTION 8 — THIRD-PARTY LINKS

The Services may contain links to external websites or third-party functionality. We do not review or guarantee the accuracy or safety of such content.

Accessing third-party websites is at your own risk, and disputes or issues must be addressed directly with the third-party.

SECTION 9 — RELATIONSHIP WITH SHOPIFY

This section must remain unchanged as per Shopify’s guidelines.

5AM Culture is powered by Shopify, but all transactions are directly between you and 5AM Culture. Shopify is not responsible for any issues arising from purchases or interactions with our Store.

You expressly release Shopify from all liability related to your transactions with 5AM Culture.

SECTION 10 — PRIVACY POLICY

All personal information is governed by our Privacy Policy.
Certain information may also be processed under Shopify’s privacy policy.

Because Shopify hosts our Services, your information may be shared with Shopify and third-party partners across various regions solely for the purpose of delivering our Services.

Please review both policies for full transparency.

SECTION 11 — FEEDBACK

By submitting any feedback, ideas, reviews, or suggestions, you grant us a worldwide, royalty-free, perpetual license to use, modify, publish, and display such content for any purpose.

You affirm that the feedback is original, lawful, and does not infringe on any third-party rights.
We may remove or edit any content at our discretion.

You are solely responsible for the accuracy and legality of your submissions.

SECTION 12 — ERRORS & INACCURACIES

Occasionally, information on our Services may contain errors or omissions related to pricing, product descriptions, availability, or promotions.
We reserve the right to correct such errors, update information, or cancel orders — even after submission.

SECTION 13 — PROHIBITED USES

You may not use the Services for:
• unlawful purposes
• violating regulations
• infringing intellectual property
• harassment, abuse, defamation
• spreading false information
• uploading harmful code
• unauthorized advertising
• impersonation
• security breaches
• or any conduct that harms 5AM Culture or Shopify.

Violations may result in termination without notice.

SECTION 14 — TERMINATION

We may suspend or terminate your access at any time.
All obligations incurred prior to termination remain enforceable.

Sections relating to IP, feedback, liability, indemnification, privacy, and governing law survive termination.

SECTION 15 — DISCLAIMER OF WARRANTIES

All products and services are provided “as is” and “as available.”

We make no guarantees regarding accuracy, reliability, uninterrupted service, or fitness for a specific purpose.

Some jurisdictions may not allow such disclaimers, so restrictions may apply.

SECTION 16 — LIMITATION OF LIABILITY

To the maximum extent permitted by law, 5AM Culture, Shopify, and affiliates are not liable for:

• indirect or consequential damages
• lost profits, lost revenue, lost data
• product misuse
• delays, interruptions, or errors
• or any damages resulting from your use of the Services.

SECTION 17 — INDEMNIFICATION

You agree to indemnify 5AM Culture and Shopify against any claims arising from:

  1. violation of these Terms,

  2. misconduct,

  3. or misuse of the Services.

SECTION 18 — SEVERABILITY

If any provision is deemed invalid, the rest of the Terms remain enforceable.

SECTION 19 — WAIVER & ENTIRE AGREEMENT

Failure to enforce a right does not constitute a waiver.
These Terms form the complete agreement between you and 5AM Culture.

SECTION 20 — ASSIGNMENT

You may not assign your rights or obligations without our written consent.
We may assign ours without notice.

SECTION 21 — GOVERNING LAW

All Terms are governed by the laws of the jurisdiction where 5AM Culture is headquartered.
You consent to venue and jurisdiction in those courts.

SECTION 22 — HEADINGS

Headings are for convenience only and do not limit interpretation.

SECTION 23 — CHANGES TO TERMS

We may update these Terms at any time.
Material changes will be communicated as required by law.

Your continued use of the Services constitutes acceptance of the updated Terms.