Policies

Overview

Welcome to Fancyleds! The terms "we", "us" and "our" refer to Fancyleds. Fancyleds operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). Fancyleds is powered by Shopify, which enables us to provide the Services to you.

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

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.

To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS

We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.

We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores.

All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. Fancyleds reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Fancyleds confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as Fancyleds may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the e‑mail, billing address, and/or phone number provided at the time the order was made.

Your purchases are subject to return or exchange solely in accordance with our Refund Policy.

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

SECTION 4 - PRICES AND BILLING

Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.

Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.

SECTION 5 - SHIPPING AND DELIVERY

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. Once we transfer products to the carrier, title and risk of loss passes to you.

SECTION 6 - INTELLECTUAL PROPERTY

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 Fancyleds, 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 Fancyleds, Shopify or any third party. Unauthorized use of the Services may be a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by Fancyleds.

Fancyleds's names, logos, product and service names, designs, and slogans are trademarks of Fancyleds or its affiliates or licensors. You must not use such trademarks without the prior written permission of Fancyleds. Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

SECTION 7 - 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.

SECTION 8 - 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.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Fancyleds 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 Fancyleds. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Fancyleds, 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 Fancyleds.

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 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.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on or in the Services that contain typographical errors, inaccuracies or omissions 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).

SECTION 13 - 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 Fancyleds, 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, extract, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, or pretext the services; (e) use any robot, spider, scraping, data gathering and extraction tools, automatic devices or processes, AI tools (such as agentic AI) or automated or manual means to access the Services; or (f) interfere with, bypass, or circumvent the security or authorization features, robot exclusion headers, or other measures we employ to restrict access to the Services. 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.

SECTION 14 - AGENTS

14.1 This section ("Agent Terms") applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity and that can be executed on behalf of or using persons device, without direct supervision.

14.2 No Agent may access, use, or interact with Services unless, at all times, it identifies itself and operates in strict accordance with the requirements in section 14.4 below. In addition, no Agent may access, use, or interact with Services if we have requested that the Agent refrain from accessing, using, or interacting with any service.

14.3 We may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with Services.

14.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the name of the Agent by including the following in the request's user agent string: "Agent/[agent name]"; (ii) not conceal or obfuscate that any access, use, or interactions are from an Agent, such as by (a) mimicking human behavior and interaction patterns, or (b) completing or circumventing CAPTCHAs or measures intended to distinguish computer use from humans, (iii) respond truthfully to any question or prompt seeking to determine if interactions are coming from a human or a computer, (iv) not circumvent or otherwise avoid any measure intended to block, limit, modify, or control whether and how Agents access, use, or interact with the Services.

SECTION 15 - TERMINATION

We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.

The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 16 - DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.

EXCEPT AS EXPRESSLY STATED BY Fancyleds, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 17 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL Fancyleds, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

SECTION 18 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Fancyleds, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys' fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.

We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.

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

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 21 - ASSIGNMENT

You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

SECTION 22 - 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 Fancyleds is headquartered. You and Fancyleds consent to venue and personal jurisdiction in such courts.

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 the Terms of Service should be sent to us at help@fancyleds.com.

Our contact information is posted below:

FL Technology Pty Ltd
help@fancyleds.com
+1 555-994-3527
Suite 2, Level 8, 111 Phillip Street, Parramatta, 2150, NSW, Australia

As described in our Privacy Policy, we collect personal information from your interactions with us and our website, including through cookies and similar technologies. We may also share this personal information with third parties, including advertising partners. We do this in order to show you ads on other websites that are more relevant to your interests and for other reasons outlined in our privacy policy.

Sharing of personal information for targeted advertising based on your interaction on different websites may be considered "sales", "sharing", or "targeted advertising" under certain U.S. state privacy laws. Depending on where you live, you may have the right to opt out of these activities. If you would like to exercise this opt-out right, please follow the instructions below.

If you visit our website with the Global Privacy Control opt-out preference signal enabled, depending on where you are, we will treat this as a request to opt-out of activity that may be considered a “sale” or “sharing” of personal information or other uses that may be considered targeted advertising for the device and browser you used to visit our website.

Fancyleds (hereinafter, "Fancyleds," "We," "Us," "Our") is offering a mobile messaging program (the "Program"), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Messaging Privacy Policy.

By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the "Dispute Resolution" section below. In arbitration there is less discovery and appellate review than in court. Please review carefully.

By opting in to or participating in any of our Programs, you represent and warrant that you do so because of a genuine desire to receive discounts, promotions, and other news or information from Us and not because of a desire or intent to initiate litigation or bring legal claims against any party. Your good-faith participation in the Program, and the consequences of asserting fraudulent, bad-faith, or frivolous claims, are addressed in Section 16 (Good-Faith Participation; Remedies for Fraudulent or Bad-Faith Claims) below.

This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts (including those in the "Other Terms and Policies" section below). Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program.

1. User Opt In.

1. Consent to Receive Recurring Automated Messages. You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS, MMS, and RCS) messages (including cart reminders) from Fancyleds, including messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. You further consent to receiving messages that include artificial or prerecorded voices. By providing your phone number, you represent and warrant that you are providing your own phone number, and not someone else’s, and that you are a legally-authorized user of this phone number. Consent to receive automated marketing messages is not a condition of any purchase. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system ("ATDS" or "autodialer"). Message and data rates may apply. Message frequency varies.
2. No Time of Day Restrictions. While efforts are made to limit the delivery of messages outside of reasonable hours for most consumers, you understand and agree that We do not have the ability to target messages based on geographic location because federal law and privacy concerns prevent a consumer’s real-time location data from being shared with Us or our vendors by your wireless carrier. Further, technical issues, such as network congestion or your phone being disconnected from your wireless service, can result in messages being delivered at unexpected times. Therefore, you agree that your consent to receive marketing text messages includes consent to the delivery of such messages 24-hours per day. Your consent supersedes any state or federal regulation that might otherwise restrict the delivery of such messages and you waive any such claims.
3. Consent to Receipt of Electronic Information and E-Sign. Notwithstanding anything herein to the contrary, you understand that applicable law may require Us to provide certain information to you in writing in connection with any consent to receive advertising and telemarketing messages. By opting-in to Our messaging program, you authorize Us to provide this information to you electronically instead of in a separate paper document. You understand that you may withdraw this consent, update your information, or request a free paper copy of the information by emailing us at help@fancyleds.com. You understand that to access and retain a copy of this webpage, you will need: (i) a device (such as a computer or mobile phone) with a web browser and Internet access; and (ii) available storage space on that device to download a copy of this webpage of a connected printer to print a copy of this webpage.
4. Disclosure of Data and Receipt of One Time Messages to Identify Device and Prevent Fraud. You authorize the use or disclosure of information about your account and your wireless device, if available, by or to your wireless carrier, Fancyleds or Our service provider(s), including Shopify, to help identify you or your wireless device when you opt-in to receive text messages from any Shopify customer and to endeavor to detect and prevent fraud. Further, you consent to the transmission of one-time passcodes or other messages to confirm your intent to subscribe to our recurring message program. See our Messaging Privacy Policy for how we treat your data.

2. User Opt Out. If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, REVOKE, OPT OUT, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. To the maximum extent permitted by law, You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, REVOKE, OPT OUT, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that Fancyleds and its service providers will not have liability for failing to honor requests that are designed to circumvent the automated opt-out processes described above. You agree that other methods of opting out, including, but not limited to, texting words other than those set forth above, sending a hard copy letter to our office, or verbally requesting one of our employees to remove you from our list, shall not be deemed to be reasonable methods of opting out. Our Messaging Do Not Call Policy is attached to these Terms of Service as Appendix A.

3. Other Terms and Policies. You also agree to our Messaging Privacy Policy.

4. Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, customer support, delivery (including order confirmations, tracking information, and shipping updated via email), other transactional-related messages and sale of goods and services. Messages may include checkout reminders.

5. AI-Generated Message Content: You are advised that from time to time We may utilize certain generative artificial intelligence (AI) services provided by third-parties to develop or suggest the content of messages that we choose to send to you. This may include AI-generated voices. Some of these messages may be tailored to your interests based on information available to Us. By enrolling and remaining in the program, You agree to the use of AI and further that Our use of these AI services does not make those third-parties either senders or initiators of the messages or otherwise responsible for the messages.

6. Message Frequency, Cost and Changes. Message and data rates may apply. You agree to receive messages periodically at Our discretion. Daily, weekly, and monthly message frequency will vary. We reserve the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. We also reserve the right to change the short code or phone number from which Our messages are sent.

7. Support Instructions. For support regarding the Program, text "HELP" to the number you received messages from or email us at help@fancyleds.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.

8. RCS and MMS Disclosure. The Program may send SMS or MMS messages if your mobile device does not support RCS. The Program will send SMS messages if your mobile device does not support MMS messaging.

9. Our Disclaimer of Warranty. The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are not liable for delayed or undelivered mobile messages.

10. Supported Devices. The Program is offered on an "as-is" basis. Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. Fancyleds, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.

11. Contact. This Program is a service of Fancyleds, located at 1309 Coffeen Avenue Ste 1200, Sheridan WY 82801, US.

12. Age Restriction: You may not use or engage with the Program if you are under eighteen (18) years of age. By using or engaging with the Program, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Program. If we have reason to believe that you are under eighteen (18) years of age, we reserve the right to remove you from the Program.

13. Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:

• Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
• Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
• Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
• Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
• Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act ("HIPAA") or the Health Information Technology for Economic and Clinical Health Act ("HITEC" Act); and
• Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

14. State Telemarketing Laws & Residency: To the extent the law is relevant and applicable to the Program, we endeavor to comply with applicable state telemarketing laws, including, but not limited to, the Florida Telemarketing Act and Florida Do Not Call Act, the Oklahoma Telephone Solicitation Act of 2022, the Maryland Stop the Spam Calls Act of 2023, New Jersey’s Senate Bill 921 (2023), and the Virginia Telephone Privacy Protection Act. For purposes of compliance with federal and state laws, you agree that we may assume that you are a resident of a particular state if, at the time of opt-in to the Program, the area code for the phone number used to opt-in to the Program is an area code associated with that state. Further, You agree that You will not assert that you are a resident of a state other than the state applicable to your area code unless you affirmatively advise us in writing that you are a resident of a specific state by sending written notice to us. You further agree that any mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “commercial telephone solicitation phone call”, “telephonic sales call”, “telemarketing sales call”, “telephone solicitation”, or “unsolicited telemarketing sales call” for purposes of federal and state laws, to the extent the law is otherwise relevant and applicable.

15. Subscribers Located in Texas: Insofar as Texas law applies to your receipt of one or more text messages, and for purposes of applying Texas Business & Commerce Code Sections 302.058 and 302.059, the parties agree to the following construction. First, the word “customer” shall be interpreted in a manner consistent with the broadest dictionary definition and common usage. Customer shall not be interpreted to require the purchase of a product or service. Second, the word “establishment” shall be interpreted in a manner consistent with the broadest dictionary definition and common usage. Establishment shall not be interpreted to require the operation of a physical store, but rather shall include establishments that sell goods and services through an online store.

16. Good-Faith Participation; Remedies for Fraudulent or Bad-Faith Claims.

a. Good-Faith Representations. When you opt in to, and while you remain enrolled in, any Program, you represent, warrant, and agree, on an ongoing basis, that: (i) you are the subscriber or a customary, authorized user of each mobile number you enroll; (ii) the information you provide, including your identity and your consent to receive messages, is true, accurate, and not misleading; (iii) you are enrolling because you genuinely wish to receive messages from the Program, and not for the purpose, in whole or in part, of soliciting, manufacturing, fabricating, or initiating any claim, demand, or litigation; and (iv) you will use the opt-out, HELP, and consent-revocation mechanisms described in these Terms in good faith and as they are actually described, and you will do so promptly upon no longer desiring to receive messages from the Program.

b. Prohibited Conduct. You agree that you will not, and will not assist any other person to: (i) enroll a number under false pretenses, or misrepresent your identity, your authority over a number, your consent, or whether or when you revoked consent; (ii) use any device, software, number-spoofing, mail-drop, automated routine, or other artifice designed to generate, multiply, or fabricate messages, opt-outs, or evidence in order to create or inflate a claim; or (iii) participate in, or interact with, a Program as part of a scheme or pattern intended to manufacture a claim, demand, or lawsuit, including under the Telephone Consumer Protection Act (TCPA) or any analogous federal, state, or local law.

c. Remedies for Fraudulent, Bad-Faith, or Frivolous Claims. If, in any Dispute between you and Us (or a service provider acting on Our behalf), the arbitrator or, where applicable, a court finds, or it is otherwise established by clear and convincing evidence, that (i) a claim or demand you asserted was based on a material breach of Section 16(a) or Section 16(b); (ii) a claim or demand you asserted was frivolous, lacked substantial justification, or was brought or maintained in bad faith or for an improper purpose, including within the meaning of the certification and sanctions provisions of Section 16; (iii) you assert a putative class action with the intention of increasing settlement leverage rather than an objectively reasonable basis to represent and certify a class under the applicable legal standard; or (iv) your participation in the Program was procured through fraud or material misrepresentation, then you agree to reimburse Us and any affected service provider for the reasonable attorneys’ fees, expert fees, and costs incurred in defending against, and in establishing the fraudulent, bad-faith, or frivolous character of, that claim. This obligation applies whether the claim is asserted as a claim, counterclaim, or cross-claim, and survives any voluntary dismissal or withdrawal of the claim.

d. Indemnification. You shall indemnify, defend, and hold harmless Us and Our service providers from and against any losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to your breach of Section 16(a) or Section 16(b). The parties expressly intend that this indemnification applies both to claims brought by third parties and to claims, demands, and actions between you and Us (or Our service providers), and that it includes attorneys’ fees and costs incurred in an action or proceeding between the parties to enforce these Terms or to defend a claim covered by Section 16(c).

e. Preservation of Rights; Construction. This Section is not intended to, and shall not be construed to, waive, limit, or penalize the good-faith exercise of any right under the TCPA or any other law, or to exempt Us from liability for Our own violation of law. The remedies in this Section are available only upon the findings described above and only as to fraudulent, bad-faith, or frivolous conduct. To the extent, and only to the extent, that applicable law requires a contractual attorneys’-fee provision to be construed as reciprocal, this Section shall be so construed with the same limitations. If any portion of this Section is held unenforceable, it shall be limited or severed to the minimum extent necessary, and the remainder shall remain in full force and effect.

17. Dispute Resolution (Including Arbitration Agreement, Class Action Waiver).

Our Customer Service Specialists are ready to assist you and address your concerns—email us at: help@fancyleds.com.

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS, COLLECTIVE, OR REPRESENTATIVE CLAIM OR ACTION IN ARBITRATION AND LITIGATION, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR Fancyleds WOULD HAVE IN COURT, SUCH AS APPELLATE REVIEW, ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

Binding Individual Arbitration: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Shopify or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate (“Dispute”), such Dispute will be, to the fullest extent permitted by law and applicable rules, determined by arbitration before one arbitrator, provided, however, that no party shall be precluded from seeking remedies in small claims court for disputes or claims within the scope of its jurisdiction. Whether a Dispute falls within the jurisdictional limits of small claims court is for the small claims court to decide. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

Dispute will be given the broadest possible meaning permitted by law. It includes, but is not limited to: (a) any dispute or claim that arose before the existence of these or any prior Terms and Conditions (including, but not limited to, claims relating to advertising); (b) any dispute or claim that is currently the subject of a purported class action litigation in which you are not a member of a certified class; and (c) any dispute or claim that may arise after termination of these Terms and Conditions and our relationship with you and Shopify or any other third-party service provider acting on Our behalf. Dispute, however, does not include disagreements or claims concerning patents, copyrights, trademarks, trade secrets, or other intellectual property, and claims of piracy or unauthorized use of intellectual property. The arbitrator shall decide all issues that relate to the scope, validity, and enforceability of the Agreement. You and Fancyleds agree that these Terms and Conditions evidence a transaction in interstate commerce and that this arbitration agreement will be interpreted and enforced in accordance with the Federal Arbitration Act and U.S. federal arbitration law and not state arbitration law.

Your Right to Opt Out of Arbitration. You may opt out of the agreement to arbitrate within thirty (30) days after you first opt in to the Program. To opt out, send written notice stating that you wish to opt out of the arbitration agreement, together with your name and the mobile telephone number at issue, by email to help@fancyleds.com. If you do not opt out within thirty (30) days, you and Fancyleds will be bound to resolve Disputes through binding individual arbitration as set forth in this section.

Mandatory Informal Dispute Resolution Process. If you and Fancyleds have a Dispute, you and Fancyleds agree to make a good faith effort to informally resolve it. The party initiating the Dispute must send a written notice to the other party that describes the Dispute. The notice must include all of this information: (a) the initiating party's contact information (including name, address, telephone number, and email address) (with their counsel's contact information, if represented); (b) sufficient information to enable the other party to identify any phone number(s), transaction(s), or account(s) at issue; and (b) a detailed description of (1) the Dispute, (2) the nature and basis of the claims, and (3) the nature and basis of the relief sought, with a detailed calculation for such relief. The notice must be personally signed by the party initiating the Dispute (and their counsel, if represented).

If you have a Dispute with us, you must send this notice, including all of the information referenced above, by email to: help@fancyleds.com or by mail to: 1309 Coffeen Avenue Ste 1200, Sheridan WY 82801, US. If we have a Dispute with you, we will send this notice, including all of the information referenced above, to you at the most recent contact information we have on file for you or, if we do not have a mailing address on file, you authorize us to text you at the phone number we have available to seek your mailing address.

For a period of sixty (60) days from receipt of a completed notice (which can be extended by agreement of the parties), you and we (and counsel, if you and we are represented) agree to negotiate in good faith in an effort to informally resolve the Dispute. To this end, the party receiving the notice may request a telephone or video settlement conference to aid in the resolution of the Dispute. If such a conference is requested, you and a Fancyleds representative will personally attend (with counsel, if you and we are represented). The conference will be scheduled for a mutually convenient time, which may be outside of the 60-day period.

If the Dispute is not resolved within sixty (60) days after receipt of a completed notice (which period can be extended by agreement of the parties), you or Fancyleds may commence a formal dispute resolution proceeding consistent with the process set forth below. Compliance with and completion of this Mandatory Informal Dispute Resolution Process ("Process") is a condition precedent to you or Fancyleds commencing any formal dispute resolution proceeding in arbitration or small claims court. All applicable limitations periods (including statutes of limitations) will be tolled from the date of receipt of a completed notice through the conclusion of this Process. If the sufficiency of a notice or compliance with this Process is at issue, such issue may be raised with and decided by a court at either party's election, and any formal dispute resolution proceeding shall be stayed pending resolution of the issue. A court of competent jurisdiction shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of a demand for arbitration. Nothing in this section limits the right of a party to raise the sufficiency of a notice or compliance with this Process or to seek damages for non-compliance with this Process in arbitration, including with a Process Arbitrator. You or we may commence arbitration only if the Dispute is not resolved through compliance with this Process.

Arbitration Generally; Relief Available. There is no judge or jury in arbitration, and court review of an arbitration award is limited pursuant to the FAA. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the Terms as a court would. For the avoidance of doubt, the arbitrator can award public injunctive relief if authorized by law and warranted by the individual claim(s).

Arbitration Proceedings and Rules, Including Provisions Governing Mass Arbitrations. The following rules and procedures shall apply:

• Any arbitration will be administered by New Era ADR in accordance with their Virtual Expedited Arbitration Rules and Procedures, as well as any applicable General Rules and Procedures, except as modified by the Terms. New Era ADR’s Virtual Expedited Arbitration Rules and Procedures and General Rules and Procedures are both available at www.neweraadr.com/rules-and-procedures/. Please review these procedures carefully because they may impact how your complaint is handled and these procedures differ from those that would otherwise apply if you elected to pursue your claim individually in small claims court.
• When You initiate arbitration, the only fee You are required to pay is New Era’s consumer filing fee, which is currently a maximum of $300 for a consumer. All other fees or expenses charged by New Era ADR will be paid by us (unless the arbitrator finds that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose). You are responsible for fees and expenses owed to your legal counsel, if any, unless the arbitrator determines that an award of attorney’s fees is warranted under applicable law.
• Mass Arbitration Provisions:
• New Era ADR’s rules and procedures include unique procedures for “mass arbitrations,” which are situations in which twenty-five (25) or more cases are filed that arise out of common issues of law and fact and are brought by the same law firm or group of law firms. Mass arbitration procedures are designed to provide for a more cost-effective resolution of disputes. Those mass arbitration procedures call for a limited number of cases to be treated as “bellwether” cases to be resolved on the merits earlier than other cases as an opportunity to help the parties determine if settlement of the remaining cases may be possible. Settlement is not required and each individual may elect not to participate in the settlement process. Thereafter, as described in the New Era Rules, the arbitrator must individually decide each claim on its own facts, giving due consideration to the facts and arguments advanced in each case, and any party may invoke the Precedent Opt-Out Process set forth in the New Era ADR Rules. These Procedures for Mass Arbitrations are designed to (a) lead to the streamlined and cost-effective resolution of claims; (b) ensure that large volume filings do not impose unnecessary burdens or impediments to the resolution and cost-effective adjudication of similar claims; and (c) preserve the integrity of the arbitration process. The parties agree that as part of these procedures, their counsel shall meet and confer in good faith in an effort to resolve the Disputes, streamline procedures, address the exchange of information, modify the number of Disputes to be adjudicated, and conserve the parties' and New Era ADR’s resources.
• Only the presiding Neutral may make determinations of fact or reach conclusions of law with respect to a Mass Arbitration Proceeding. Ultimate authority to determine whether cases arise out of Common Issues of Law and Fact rests with the presiding Neutral. If the presiding Neutral determines that one or more cases assigned to a Mass Arbitration Proceeding do not arise out of Common Issues of Law and Fact, or otherwise do not meet the definition of a Mass Arbitration, each such case will be removed from the Mass Arbitration Proceedings. Those Bellwether Cases will proceed individually, but in parallel to the extent possible. The Neutral will issue a reasoned Lead Decision in each Bellwether Case. Although a Neutral may consider the analysis and result reached in prior Lead Decisions in deciding disputes in the same Mass Arbitration proceeding the Neutral in all events must individually decide each claim asserted by each party in a Mass Arbitration proceeding, giving due consideration to the facts and arguments advanced by the Parties in each case.
• New Era ADR’s rules and procedures provide parties to mass arbitrations with the right to obtain certain information relating to bellwether cases and decisions that may impact their cases. You are encouraged to review those rules closely to understand how your rights may be impacted.
• If any provision of this Agreement is deemed by an arbitrator not to comply with the Minimum Fairness Standards published by New Era ADR and available at https://www.neweraadr.com/ then the Minimum Fairness Standards should be deemed to be incorporated by reference and any offending provision shall be deemed unenforceable.
• The arbitrator shall be selected pursuant to New Era ADR’s standard rank and strike process, as set forth in New Era ADR’s General Rules and Procedures.
• Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the state and Federal Judicial Circuit in which Fancyleds’s principal place of business is located, without regard to its conflict of laws rules.
• By signing the demand for arbitration, a party (and their counsel, if represented) certifies that they have complied with (a) the Dispute Resolution provisions of this agreement and (b) all of the requirements of Federal Rule of Civil Procedure 11(b), including that the claims and relief sought are neither frivolous nor brought for an improper purpose. The arbitrator is authorized to award any relief or impose any sanctions available under Federal Rule of Civil Procedure 11 or applicable federal or state law against all represented parties and counsel as a court would.
• The arbitrator may award any relief or remedy that would be available in a court of law, including attorneys’ fees and punitive damages where permitted by statute and is permitted to apply the cost-shifting provisions of Federal Rule of Civil Procedure 68 after entry of an award.
• The arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions. In the event of a Mass Arbitration, the parties agree that, for the sake of efficiency, an arbitrator’s written decision may address some or all of the cases jointly. However, a written decision that jointly addresses some or all of the cases does not conflict with the requirement that the Neutral in all events must individually decide each claim asserted by each party in a Mass Arbitration proceeding.
• Notwithstanding anything contained in the New Era ADR rules, the decision of the arbitrator shall be final and binding on both parties, but either party shall have rights of appeal expressly provided in section 10 of the FAA.
• Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. Notwithstanding anything to the contrary in this Agreement, if Fancyleds makes any future change to this arbitration provision, you may reject the change by sending Us written notice within 30 days of the change to 1309 Coffeen Avenue Ste 1200, Sheridan WY 82801, US, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and Fancyleds.

No class actions or juries. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THIS AGREEMENT, YOU AND Fancyleds ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION IN COURT AND THAT THIS AGREEMENT SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT (the "FAA"). The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding EXCEPT as provided in this Agreement.

Invalidity and Survivability. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

Future Changes to Dispute Resolution Section. Notwithstanding any provision to the contrary, you and we agree that if Fancyleds makes any future changes to this arbitration agreement (other than a change to the mailing or email address), you may reject any such change by sending us written notice personally signed by you within thirty (30) days of the change to Fancyleds at 1309 Coffeen Avenue Ste 1200, Sheridan WY 82801, US. The written notice must include the following information: (a) your name, address, phone number, and email address and (b) a statement that you wish to opt out of changes to the arbitration agreement. Such written notice does not constitute an opt out of arbitration altogether. By rejecting any future change to the arbitration agreement, you are agreeing that you will arbitrate any Dispute between us in accordance with the language of this version of the arbitration agreement.

18. Miscellaneous. You warrant and represent to Us that you have all necessary rights, power, and authority to agree to the terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the terms of this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to these terms unless explicitly stated otherwise in writing. We reserve the right to change these terms from time to time. Any updates to this Agreement shall be communicated to you. Prior to such communication, the terms of this Agreement in effect as last made available to you immediately prior to your receipt of the notice will continue to govern our relationship. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.

Appendix A

Fancyleds
Do Not Call Policy: Text Messaging

Regulatory Summary Regarding The Telephone Consumer Protection Act (TCPA)

The federal Telephone Consumer Protection Act (TCPA), related FCC regulations, and related court interpretations protect consumers from specific types of telemarketing. Under the TCPA “telemarketing” is defined as “the initiation of a telephone call or message for the purpose of encouraging the purchase or rental of, or investment in, property, goods, or services, which is transmitted to any person.” 47 C.F.R. § 64.1200(f)(13). The TCPA imposes requirements for cold calls, prerecorded sales calls, and the use of autodialers. The TCPA also authorized the creation of the National Do Not Call Registry as well as internal Do Not Call lists. Various states have also adopted their own telemarketing laws.

Fancyleds is committed to complying with federal and state Do Not Call laws. This policy relates specifically to our compliance with those requirements for the purposes of sending SMS and MMS messages that constitute telemarketing. It is Our policy to not send telemarketing SMS and MMS messages to:

• Any telephone number, using an automatic telephone dialing system, for which we have not received prior express written consent, as defined by the Federal Communications Commission; and
• Any telephone number on Our Internal Do Not Call List.

We will maintain an Internal Do Not Call list and will promptly honor a request made in one of the following manners to place your telephone number Our Do Not Call list within a reasonable time of such request, not to exceed 10 business days from the date of said request. To be placed on Our Do Not Call list, you may:

• Reply STOP, END, CANCEL, REVOKE, OPT OUT, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. Any other language used may not be recognized by Our system which may result in the request to opt-out not being processed.
• Request to be put on Our list by contacting customer service at help@fancyleds.com and providing your name and telephone number.

Your telephone number shall be retained indefinitely on Our Do Not Call list unless you subsequently provide new prior express written consent to rejoin our SMS list. If you change your number, you must request for the new number to be put on Our Do Not Call list.

This Messaging Service Privacy Policy explains how Fancyleds (hereinafter, "Fancyleds," "We," "Us," "Our") collects, uses, and shares personal information about you in relation to Our text message marketing program (the "Messaging Service"). This Messaging Service Privacy Policy supplements Our Primary Privacy Policy. For more details, see the section titled "Primary Privacy Policy" below.

Changes to the Messaging Service Privacy Policy
We may revise this Messaging Service Privacy Policy from time to time in our sole discretion. If there are any material changes to this Messaging Service Privacy Policy, we will notify you as required by applicable law. You understand and agree that you will be deemed to have accepted the updated Messaging Service Privacy Policy if you continue to use the Messaging Service after the new Messaging Service Privacy Policy takes effect.

Personal Information We Collect
When you sign up for the Messaging Service, We collect personal information such as your name, phone number, email address, and other information you provide directly to us (e.g. responses to questionnaires about your preferences or demographic information). When you use the Messaging Service to send or receive messages, We collect communications metadata (e.g., the time/date a message was sent or received) and the contents of any communications you send or receive via the Messaging Service.

We may also collect information about you using cookies or similar technologies on Our website or other digital properties. Cookies are small text files placed on device browsers that store preferences and facilitate and enhance your experience. Cookies enable personalization of your experience via the Messaging Service (e.g., sending you personalized text messages such as shopping cart reminders).

If you participate in a contest, sweepstakes, research study, or email survey associated with the Messaging Service, We will collect basic contact information and any other information you choose to provide in connection with these activities. We will also collect your personal information if you contact Us with questions about the Messaging Service or for customer service.

Use of Personal Information
We use your information to deliver, analyze, maintain and support the Messaging Service. We may also use your information to enhance the Messaging Service features and customize and personalize your experiences on the Messaging Service.

We may use your personal information to generate aggregated and/or de-identified information. Aggregated and/or de-identified information is not personal information and may be shared with any third party, including advertisers, promotional partners, and sponsors.

Sharing of Personal Information
We may share your personal information as contemplated in Our primary privacy policy, if you consent to Us doing so, as well as in the following circumstances:

• Third Parties that Help Provide the Messaging Service. We may share your personal information with third parties that help Us provide the Messaging Service (including, but not limited to, platform providers, phone companies, and other vendors who assist us in the delivery of text messages).
• Legal Requirements, Disclosures to Protect Us or Others. We may disclose any information We store associated with you to external parties if We, in good faith, believe doing so is required or appropriate to: comply with law enforcement or national security requests and legal process, such as a court order or subpoena; protect your, Our, or others' rights, property, or safety; enforce Our policies or contracts; collect amounts owed to Us; or assist with an investigation or prosecution of suspected or actual illegal activity.

 

Accurate Information
When you complete forms online or otherwise provide Us information in connection with the Messaging Service, you agree to provide accurate, complete, and true information. You agree not to use a false or misleading name or a name that you are not authorized to use. If, in Our sole discretion, We believe that any such information is untrue, inaccurate, or incomplete, or you have opted into the Messaging Service for an ulterior purpose, We may refuse you access to the Messaging Service and pursue any appropriate legal remedies.

Choices and Controls
Text messages may be sent via an automatic telephone dialing system. Consent to receive automated marketing text messages is not a condition of any purchase. You can opt-out of receiving further commercial text messages via the Messaging Service by responding to any of Our text messages with any of the following replies: STOP, END, CANCEL, UNSUBSCRIBE, or QUIT. For additional opt-out information, please review Our Terms of Service.

Customer Care
If you are experiencing any problems with the Messaging Service, please visit https://fancyleds.com and submit the form with details about your problem or your request for support, or email help@fancyleds.com.

Supplemental California Privacy Notice
This Supplemental California Privacy Notice only applies to Our processing of personal information via the Messaging Service that is subject to the California Consumer Privacy Act of 2018 ("CCPA"). The CCPA provides California residents with the right to know what categories of personal information We have collected about them and whether We have disclosed that personal information for a business purpose (e.g., to a service provider) in the preceding twelve months. California residents can find this information below:

 

Category of Personal Information Collected by Us	Categories of Third Parties Personal Information is Disclosed to for a Business Purpose
Identifiers	• Service providers
Personal information categories listed in Cal. Civ. Code § 1798.80(e)	• Service providers
Commercial information	• Service providers
Internet or other electronic network activity	• Service providers
Inferences drawn from other personal information to create a profile about a consumer	• Service providers

The categories of sources from which We collect personal information and Our business and commercial purposes for using personal information are set forth above and in Our primary privacy policy.

Additional Privacy Rights for California Residents

Individual Rights under the CCPA.
The CCPA provides California residents with the right to request:

• Access to Personal Information, including obtaining access to or a copy of your personal information,
• Deletion of Personal Information, subject to certain exceptions, such as when we are required to retain information to comply with applicable laws, and
• Correction of Personal Information, including making updates to your contact information.

If you are a California resident and would like to exercise any of your rights under the CCPA, please contact Us at help@fancyleds.com. We will process such requests in accordance with applicable laws.

"Sales" of Personal Information under the CCPA. For purposes of the CCPA, unless otherwise stated in Our primary privacy policy, We do not "sell" personal information, nor do we have actual knowledge of any "sale" of personal information of minors under 16 years of age.

Non-Discrimination. California residents have the right not to receive discriminatory treatment by Us for the exercise of their rights conferred by the CCPA.

Authorized Agent. Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. To designate an authorized agent, please contact Us at help@fancyleds.com.

Verification. When you make a request, We will ask you to provide sufficient information that allows Us to reasonably verify you are the person about whom we collected personal information or an authorized representative, which may include confirming the email address or phone number associated with any personal information We have about you.

Primary Privacy Policy
By signing up to receive text messages from us, you also agree to Our Primary Privacy Policy. This Messaging Service Privacy Policy is strictly limited to the Messaging Service and does not limit or restrict any other privacy policy(ies) that may govern the relationship between you and Us in other contexts.

Effective Date: 27/05/2022

Updated: 12/08/2026

FL Technology Pty Ltd (“we”, “us”, “our”, “Fancyleds”) is committed to protecting your privacy. This Privacy Policy (“Policy”) describes our practices in connection with information privacy concerning Personal Data we process through your use of the following services, products and related mobile applications (collectively, the “Products”):

Fancyleds Mobile Application

Before using our Products, please carefully read this Policy and understand our purposes and practices concerning the collection and processing of your Personal Data, including how we use, store, share and transfer Personal Data. This Policy also explains how you may exercise your rights to access, update, delete or protect your Personal Data.

By registering with your Personal Data or otherwise using our Products, you acknowledge that you have read and understood this Policy. If you have any questions regarding this Policy, please contact us at:

info@fancyleds.com

For other branded mobile applications powered by FL Technology Pty Ltd, our clients control the Personal Data collected through our Products. We collect information under the direction of our clients, and our processing of such information is limited to providing the services for which our clients have engaged us. If you are a customer of one of our clients and no longer wish to be contacted by that client, please contact the client directly.

Definition

In this Policy, Personal Data means information generated, collected, recorded and/or stored, electronically or otherwise, that can be used to identify an individual or reflect an individual’s activity, either from that information alone or when combined with other information available to us.

Sensitive Personal Data includes personal biometric information, communication records and content, health information, transaction information and precise location information. When we collect Sensitive Personal Data from you, we will provide an explicit notification and obtain your consent where required.

Smart Devices refers to computing devices produced or manufactured by hardware manufacturers that have a human-machine interface and can transmit data wirelessly over a network, including smart home appliances, smart wearable devices and other connected products.

Apps refers to mobile applications developed by FL Technology Pty Ltd that allow end users to control Smart Devices remotely and connect them to the relevant Internet of Things platform.

What Personal Data Do We Collect?

To provide our Services, we may ask you to provide Personal Data that is necessary to deliver those Services. If you do not provide the requested Personal Data, we may be unable to provide certain Products, Services or features.

1. Information You Voluntarily Provide to Us

• Registered Account Data: When you register an account with us, we may collect your name and contact details, such as your email address, telephone number, username and login credentials. During your interaction with our Products, we may also collect your nickname, profile picture, country code, language preference and time-zone information.

If you authorise access to the Products using a third-party account, we may obtain account information from that third party, such as your profile image, nickname, region or other account details. This information may be linked to your FL Technology Pty Ltd account for authentication purposes. We will process this information in accordance with applicable data-protection laws and any relevant agreements or policies governing the third party’s disclosure of information.

Non-registered Account: Where available, you may use certain Services without logging in or creating an account through a guest or “Try Now” mode. When using this mode, we may collect limited information necessary to provide the requested Services, including the time you enter the App, your mobile operating system and information associated with the permissions you have enabled.

If you enable location or another optional function while using guest mode, the information required to support that function may be processed. Information associated with guest mode will be removed when it is no longer required, subject to applicable legal and technical requirements.

Services or purchases that depend on a registered account may require you to log in or create an account.

Feedback: When you use feedback or support features, we may collect your email address, telephone number, feedback, attachments and other information you provide so that we can respond to your request or investigate a device issue.

Information Based on Additional Functions

To provide more convenient and higher-quality Services, we may collect and use certain information when you consent to use additional App functions. If you do not provide this information, you may continue to use the basic Services of the App and connected Smart Devices, although certain optional features may be unavailable.

1) Additional Functions Based on Location Information

When you enable location-based functions through your mobile-device permission settings, we may collect and process location information to provide functions such as pairing with Smart Devices, local weather information, automation scenarios or geofencing.

Where a function uses a third-party mapping provider, such as Google Maps, location information may be shared with that provider as necessary to deliver the function.

You may disable location access through your mobile device or App privacy settings, after which we will cease collecting location information through that permission.

2) Additional Services Based on Camera Access

The App may request camera access to scan codes, pair Smart Devices, capture photographs or record video. We will access the camera only when you actively use a feature that requires it.

You may disable camera access through your mobile-device settings.

3) Additional Services for Accessing and Uploading Pictures or Videos

The App may request access to your photo or video library so that you can upload a profile image, provide supporting material for a device issue or use another feature involving media.

We will process the selected photographs or videos only for the purpose for which you provide them.

You may disable access to your photo or video library through your mobile-device settings.

4) Additional Services Related to Microphone Access

The App may request microphone access for functions such as recording video, sending voice information or using voice-control features. We will access voice information only when you actively use a function requiring the microphone.

You may disable microphone access through your mobile-device settings.

5) Additional Services Based on Storage Permission for Android

The App may request storage permission to access selected files, save information or maintain crash logs required for the stable operation of the App.

You may disable storage access through your mobile-device settings, although doing so may affect certain functions.

6) Additional Services Based on Notification Permission

The App may request permission to send notifications concerning Smart Devices, Services, account information, alerts or other relevant updates.

You may disable notifications through your mobile-device or App settings.

7) Additional Services Based on Alert Window Permission

Where available, the App may request permission to display information, such as a real-time camera image, in a separate window.

You may disable this permission through your mobile-device settings.

8) Additional Services Based on Bluetooth Permission

The App may use Bluetooth to discover, configure, connect to and control Smart Devices and obtain their status.

We will use Bluetooth only for functions requiring communication between the App and a Smart Device.

You may disable Bluetooth access through your mobile-device settings.

9) Additional Services Based on HomeKit Permission for iOS

Where available, the App may integrate with Apple HomeKit to discover, configure or control compatible Smart Devices.

Information required for these functions may be exchanged with Apple’s Home App through HomeKit. You may disable HomeKit access through your device settings.

10) Additional Services Based on HealthKit for iOS

Where available, the App may integrate with Apple HealthKit to receive or transfer health-related information generated by compatible Smart Devices.

We will access or transfer HealthKit information only with your permission and for the enabled health-related functions. You may disable HealthKit access through your device settings.

If you enable a permission, you authorise us to collect and use the relevant information to provide the corresponding Services. If you subsequently disable that permission, we will stop collecting Personal Data through that permission. Disabling a permission will not affect processing that occurred before the permission was disabled.

2. Information We Collect Automatically

• Mobile Device Information: When you interact with our Services, we may automatically collect technical information necessary to operate, maintain, improve and secure the Services. This information may include your mobile-device model, IP address, wireless-connection information, operating-system type and version, App and software version numbers, push-notification identifiers, log files and mobile-network information.
• Usage Data: We may collect information about how you interact with our websites, Apps and Services, including visits, clicks, downloads, features used and messages sent or received through the Services.
• Log Information: We may collect system and error logs to maintain the Services and investigate technical problems. These logs may include your IP address, language settings, operating-system version and the date and time of access.

Please note that information that does not identify you by itself may be treated as Personal Data if it is combined with other information that can identify you.

3. Smart Device Information

• Basic Smart Device Information: When you connect a Smart Device to the Services, we may collect information such as its name, identifier, online status, activation time, firmware version and upgrade information.
• Information Collected When Connecting a Smart Device: Depending on the type of Smart Device, we may collect Wi-Fi information, the device’s MAC address and other information required to connect and configure the device.
• Information Reported by Smart Devices: We may collect information reported by connected Smart Devices. The specific information collected will depend on the device and the functions you choose to use.

Where a connected device processes Sensitive Personal Data, such as health measurements, photographs or video, we will provide additional information and obtain consent where required by applicable law.

Purposes and Legal Bases for Processing Personal Data

We may process information about you for the following purposes:

• Providing Our Services: We process account information, mobile-device information, usage information, location information and Smart Device information to provide the Products and Services you request. Where applicable, this processing is necessary to perform our contract with you.
• Improving Our Services: We may process device, usage, location and Smart Device information to maintain, secure, develop and improve our Products and Services, analyse operational efficiency and prevent fraudulent or inappropriate use.
• Non-marketing Communications: We may process Personal Data to send important information concerning the Services, purchases, security alerts and changes to our terms, conditions or policies. You may manage optional notifications through the App or your mobile-device settings.
• Data Analysis: We may analyse information to identify faults, improve product performance, understand how users interact with the Services and improve the user experience. Where required, this processing will be based on your consent.
• Marketing Communications and Personalisation: With your consent, we may process account, usage and device information to personalise the Services, recommend relevant features or products, display promotional content or invite you to participate in surveys. You may withdraw your consent through the available privacy settings.
• Legal Compliance: We may process or disclose information where reasonably necessary to comply with applicable laws and lawful requests.

We may also process or disclose information where reasonably necessary to:

• Comply with a legal obligation, legal process or lawful request;
• Enforce our User Agreement and other applicable agreements or policies;
• Investigate potential violations;
• Protect our rights, property or safety or those of our users, third parties or the public; or
• Detect, prevent or address security, fraud or technical issues.

If we materially change the purposes for which we process Personal Data, we will notify you by email, through the App or through another appropriate notice.

Who Do We Share Personal Data With?

FL Technology Pty Ltd only shares Personal Data in the ways described in this Policy.

We may share Personal Data with:

• Service providers that perform functions such as website hosting, data analysis, payment processing, infrastructure services, information technology, customer support and email delivery;
• Customers or business partners that provide Smart Devices or systems through which you access our Products and Services;
• Subsidiaries or affiliates that process information under our instructions and in accordance with this Policy and applicable law;
• A purchaser, affiliate or other party involved in a merger, acquisition, reorganisation, sale, joint venture, assignment or transfer of all or part of our business or assets;
• Government agencies, regulators, courts or other parties where disclosure is legally required; and
• Other parties where you have provided consent.

We may also disclose information where we reasonably believe it is necessary to:

• Comply with applicable law or a lawful governmental request;
• Enforce our agreements, policies and standards;
• Protect our operations and business systems;
• Protect the rights, property or safety of FL Technology Pty Ltd, our users, a third party or the public; or
• Prevent or investigate unlawful, fraudulent, deceptive or malicious activity.

International Transfer of Information Collected

FL Technology Pty Ltd will comply with applicable data-localisation and cross-border data-transfer requirements.

To operate our Services, we may transfer, store or process Personal Data in jurisdictions other than the jurisdiction in which you live. Privacy laws in those jurisdictions may differ from those in your place of residence.

Where required, we will use appropriate safeguards to protect transferred Personal Data, such as approved contractual clauses or another legally recognised transfer mechanism.

If you would like further information about the safeguards we use, please contact us at info@fancyleds.com.

Your Rights Relating to Your Personal Data

We respect your rights concerning your Personal Data. Subject to applicable law, you may have the right to:

• Request access to the Personal Data we process about you;
• Request correction of inaccurate or incomplete Personal Data;
• Request deletion of your Personal Data;
• Request restriction of our processing;
• Request a copy or transfer of certain Personal Data;
• Object to certain processing;
• Withdraw consent; and
• Make a complaint to an applicable privacy regulator.

You may exercise these rights through the available App settings or by emailing info@fancyleds.com.

You do not have to pay a fee to submit a request. Please clearly describe your request and the information concerned. We may need to verify your identity before responding to protect the security of your account and Personal Data.

We will respond within the period required by applicable law.

Withdrawal of Consent

You may withdraw your consent by:

• Changing permissions through your mobile-device settings;
• Disabling location, camera, photo-library, microphone, Bluetooth or notification permissions;
• Managing communications and notifications through the App;
• Disabling optional data-analysis or personalisation features;
• Unbinding a Smart Device from the App;
• Disabling an optional guest-mode function; or
• Disconnecting a third-party service or health platform.

Withdrawing consent may prevent us from providing certain Products, Services or features. Withdrawal will not affect processing that occurred lawfully before consent was withdrawn.

Deletion of Your Account

Where available, you may request deletion of your account through the App’s account and security settings.

You may also request account deletion by emailing info@fancyleds.com.

Subject to applicable legal and technical requirements, Personal Data associated with the account will be deleted or anonymised when the deletion process is completed.

Security Measures

We use commercially reasonable physical, administrative and technical safeguards designed to protect the integrity and security of your Personal Data.

FL Technology Pty Ltd applies measures designed to protect device access, authenticate users, isolate data, secure communications and encrypt confidential information during transmission and storage.

No system is completely secure. If you believe that your account or interaction with us is no longer secure, please notify us immediately at info@fancyleds.com.

Data Retention

We retain Personal Data only for as long as reasonably necessary to fulfil the purposes described in this Policy, provide the Products and Services you request, comply with legal obligations and resolve disputes.

The appropriate retention period depends on the amount, nature and sensitivity of the Personal Data, the purposes for which it is processed and applicable legal requirements.

When Personal Data is no longer required, we will delete, anonymise or otherwise securely dispose of it. If immediate deletion is not technically possible, we will take appropriate measures to prevent further use until deletion can be completed.

Children’s Privacy

Our Services are not directed to children under 13 years of age or another minimum age prescribed by applicable law.

We do not knowingly collect Personal Data from children without the permission of a parent or legal guardian where that permission is required.

If we become aware that we have collected a child’s Personal Data without the required permission, we will take reasonable steps to delete it.

Changes to This Privacy Policy

We may update this Policy to reflect changes to our information practices, Products, Services or legal obligations.

If we make material changes, we may notify you by email, through the App or through another prominent notice before the changes take effect.

We encourage you to review this Policy periodically for the latest information about our privacy practices.

Contact Us

If you have questions about our practices, this Privacy Policy or the handling of your Personal Data, please contact us:

FL Technology Pty Ltd

info@fancyleds.com

All items in the Fancyleds line come with a 2 year warranty from the date of purchase. This warranty includes a free replacement service for any hardware found to be defective.

If any of our products malfunction during the warranty period, we reserve the right to either replace the faulty product with the same or a functionally equivalent one or to provide credit for future product purchases at our discretion. In some cases, we may request the faulty product be returned to us to help improve our future product designs and better understand the problem. However, please note that this warranty does not cover costs related to uninstallation, reinstallation, or return shipping of the product.

Our warranty remains valid under the following conditions:

• Our products have been used and installed according to the instructions provided by us.
• Our products have not been exposed to improper handling, accidents, or natural disasters.
• The product was purchased directly from Fancyleds or an authorized distributor.
• Valid proof of purchase, such as a receipt, has been provided to us.

For any warranty claims, please provide a video showing the problem, a detailed description of the issue, and your belief about its cause. We will assess the situation and decide the next steps. As the warranty provider, Fancyleds reserves the right to determine the cause of the issue and the appropriate solution. Follow these simple steps:

1. Contact us via email with a video or photo of the issue.
2. We will assess the video or photo and may request additional information if necessary.
3. After conducting an investigation, we will suggest a solution to resolve the issue.

This process is considerably faster than requesting a return and assessment, typically requiring only 2 or 3 emails. Customer satisfaction is our top priority. We are reasonable and considerate in our decisions. Please do not hesitate to contact us for assistance.

For more help and information, please use our Contact Form.

Warranty

All items in the Fancyleds line come with a 2 year warranty from the date of purchase. This warranty includes a free replacement service for any hardware found to be defective.

If any of our products malfunction during the warranty period, we reserve the right to either replace the faulty product with the same or a functionally equivalent one or to provide credit for future product purchases at our discretion. In some cases, we may request the faulty product be returned to us to help improve our future product designs and better understand the problem. However, please note that this warranty does not cover costs related to uninstallation, reinstallation, or return shipping of the product.

Our warranty remains valid under the following conditions:

• Our products have been used and installed according to the instructions provided by us.
• Our products have not been exposed to improper handling, accidents, or natural disasters.
• The product was purchased directly from Fancyleds or an authorized distributor.
• Valid proof of purchase, such as a receipt, has been provided to us.

For any warranty claims, please provide a video showing the problem, a detailed description of the issue, and your belief about its cause. We will assess the situation and decide the next steps. As the warranty provider, Fancyleds reserves the right to determine the cause of the issue and the appropriate solution. Follow these simple steps:

1. Contact us via email with a video or photo of the issue.
2. We will assess the video or photo and may request additional information if necessary.
3. After conducting an investigation, we will suggest a solution to resolve the issue.

This process is considerably faster than requesting a return and assessment, typically requiring only 2 or 3 emails. Customer satisfaction is our top priority. We are reasonable and considerate in our decisions. Please do not hesitate to contact us for assistance.

Cancellation

Please be careful when placing your order. We can adjust your order if it has not been processed so please email us ASAP, however, this is not a guarantee. Once you place your order, it is final, as there are transaction and tax fees associated with your order which we, as the merchant, bear and cannot be reimbursed for. Such fees are a product of the credit card you use, such as Mastercard, Visa, and AMEX. PayPal is also subject to fees. Processing orders automatically allows for the fastest delivery possible, which is a net benefit to our customers. 

Returns & Refunds

We are committed to ensuring your satisfaction with our products. If you experience a malfunction within the warranty period, you are entitled to a full refund. Additionally, if we are unable to deliver to your country, we will provide a full refund.

Please note that we only accept change-of-mind refunds if the item is unused and returned in its original condition within 14 days of delivery. Once an item is used, we cannot accept it for return as we do not resell second-hand items. Bundled items and items on sale are not eligible for change-of-mind returns. International orders may also be excluded from this return policy if no return depot is available. Current countries' returns are supported for:

• United States of America
• Australia

Please note, the order must be placed in the countries listed above for the return depot to be available. For any concerns post-purchase, including malfunctions or delivery issues, we encourage you to contact our support team through our help forms. We are here to assist with any issues that may arise.

Fancyleds has implemented a Zero Tolerance Policy to ensure all staff are treated with dignity and respect. Offensive or abusive behavior towards our staff will not be tolerated under any circumstances. This includes, but is not limited to, the use of profanity, rudeness, unnecessarily personal remarks, or any other conduct that may affect the well-being of our staff.

Anyone who verbally abuses a staff member, whether in person or via email, will be warned that such behavior is unacceptable. Any further violations of this policy will result in the refusal to interact with the customer.

All instances of written abuse will be treated with the same level of severity. Any abusive correspondence received by our office will be retained for reference and may be escalated to the relevant authorities if the behavior persists.