Terms of service

Last updated: October 19, 2026

These Terms of Service ("Terms") are a binding contract between you and Salty Kraken Attire LLC, a Texas limited liability company based in Houston, Harris County, Texas ("Salty Kraken Attire LLC," "we," "us," "our"). They govern your use of saltykrakenattire.com and any purchase from us.

IMPORTANT ARBITRATION NOTICE: SECTION 20 REQUIRES YOU TO RESOLVE DISPUTES WITH US THROUGH BINDING INDIVIDUAL ARBITRATION, NOT IN COURT. YOU WAIVE YOUR RIGHT TO A JURY TRIAL AND TO TAKE PART IN A CLASS ACTION. YOU MAY OPT OUT WITHIN 30 DAYS AS EXPLAINED IN SECTION 20.

1. Acceptance

BY CHECKING THE BOX AT CHECKOUT, PLACING AN ORDER, CREATING AN ACCOUNT, OR USING THE SITE, YOU AGREE TO THESE TERMS, OUR REFUND POLICY, SHIPPING POLICY AND PRIVACY POLICY, ALL OF WHICH ARE PART OF THESE TERMS. If you do not agree, do not use the site or buy from us.

2. Eligibility and Age

You must be at least 18 years old, or the age of majority where you live, to place an order. If you are a minor, you may use the site only with a parent or guardian who agrees to these Terms. You promise that the information you give us is true and that you are allowed to use the payment method you submit.

3. Made-to-Order Products; Color and Size Variance

Every product is printed on demand after you order. Colors on screens differ from printed ink and fabric. Print placement can vary by up to about 1 inch, and garment measurements can vary by about 1 to 1.5 inches from the size chart. These variances are normal for printed apparel and are not defects. You are responsible for checking the size chart before ordering.

4. Orders, Pricing Errors and Our Right to Cancel

Your order is an offer to buy. It is accepted only when we ship it. We may refuse, limit or cancel any order at any time, including for: errors in price, description, image or availability (even after confirmation); suspected fraud or unauthorized payment; resale or bulk purchasing; address or verification problems; or stock and production issues. If we cancel after charging you, our only obligation is to refund what you paid. Prices are in US dollars and may change without notice. Sales tax is charged where required.

5. Payment, Chargebacks and Fraud

You agree to contact us at saltykrakenattire@gmail.com and give us at least 10 business days to resolve any billing problem before filing a chargeback or payment dispute. Chargebacks filed without contacting us first, or filed for an order that was delivered as described, may be contested with order, tracking and delivery records. Where permitted by law, you agree to repay amounts reversed through an improper chargeback plus reasonable fees we incur, and we may block future orders. We may report suspected fraud to payment processors and law enforcement.

6. Third-Party Fulfillment and Carriers; Risk of Loss

Products are produced and shipped by independent third parties, including Printful, and delivered by independent carriers (such as USPS, UPS, FedEx and DHL). They are not our agents, and we do not control their facilities, timelines or conduct. Payments are processed by Shopify and other providers under their own terms. Title and risk of loss pass to you when the order is handed to the carrier. Delivery dates are estimates only.

7. Intellectual Property and Brand Ownership; All Rights Reserved

Salty Kraken Attire LLC owns all trademarks, service marks and trade dress, including the name "Salty Kraken Attire™", the SK logo, and the kraken logo, and all logos, artwork, designs, illustrations, slogans, comics and comic strips, characters, photographs, text, music, video and other content on the site and products (the "Content"). The Content is protected by US and international copyright, trademark and other laws. ALL RIGHTS ARE RESERVED. NO LICENSE IS GRANTED to you by these Terms, by your purchase, or by any other means, except the limited personal right to view the site and to wear and use the physical products you buy. You may not copy, reproduce, scan, trace, modify, create derivative works from, print, sell, resell, upload to print-on-demand or marketplace sites, train AI models on, or otherwise exploit any Content or design without our prior written permission. Buying a product does not transfer any intellectual property rights. We will enforce our rights, including by takedown notices and legal action.

8. Reviews, Photos and User Content

If you submit reviews, photos, comments, tags or other content ("User Content"), you grant Salty Kraken Attire LLC a worldwide, perpetual, irrevocable, royalty-free, transferable and sublicensable license to use, reproduce, edit, display, distribute and create derivative works of it, together with your name or handle, in any media, including advertising, without compensation. You promise that you own or have the right to share your User Content, that it does not violate anyone's rights or the law, and that anyone shown in it consented. We may remove any User Content at any time. We do not endorse User Content.

9. Prohibited Uses

You may not: violate any law; infringe our or anyone's rights; copy or scrape the site or designs; use bots or automated tools; try to hack, probe or disrupt the site; upload malware; place fraudulent orders or abuse discounts or promotions; impersonate anyone; post false, defamatory, harassing or obscene content; or resell products in a way that suggests a partnership or endorsement. We may suspend or terminate access and cancel orders for any violation.

10. Copyright Complaints

If you believe content on the site infringes your copyright, email saltykrakenattire@gmail.com with the information required by 17 U.S.C. § 512(c)(3).

11. Third-Party Links

Links to other sites are for convenience only. We are not responsible for their content or practices.

12. DISCLAIMER OF WARRANTIES

EXCEPT FOR THE LIMITED DEFECT REMEDY IN OUR REFUND POLICY, THE SITE, CONTENT AND ALL PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT ALLOWED BY LAW, SALTY KRAKEN ATTIRE LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR VIRUS-FREE, OR THAT COLORS, SIZES OR PRINT PLACEMENT WILL EXACTLY MATCH IMAGES. YOUR SOLE AND EXCLUSIVE REMEDY FOR A DEFECTIVE PRODUCT IS REPRINT OR REFUND UNDER OUR REFUND POLICY. SOME STATES DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OF THESE MAY NOT APPLY TO YOU.

13. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT ALLOWED BY LAW: (A) SALTY KRAKEN ATTIRE LLC AND ITS MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, DATA, GOODWILL OR OPPORTUNITY, EVEN IF ADVISED OF THEIR POSSIBILITY; AND (B) OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SITE, THESE TERMS OR ANY PRODUCT WILL NOT EXCEED THE AMOUNT YOU ACTUALLY PAID FOR THE ORDER GIVING RISE TO THE CLAIM. THESE LIMITS APPLY TO ALL THEORIES OF LIABILITY AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. NOTHING HERE LIMITS LIABILITY THAT CANNOT BE LIMITED BY LAW, SUCH AS FOR GROSS NEGLIGENCE, FRAUD OR WILLFUL MISCONDUCT WHERE THE LAW SO PROVIDES.

14. Indemnification

You agree to defend, indemnify and hold harmless Salty Kraken Attire LLC and its members, managers, employees, contractors and suppliers from any claims, losses, damages, liabilities, costs and expenses (including reasonable attorneys' fees) arising from your breach of these Terms, your User Content, your misuse of the site or products, your violation of any law or third-party right, or any improper chargeback.

15. Force Majeure

We are not liable for any delay or failure caused by events beyond our reasonable control, including hurricanes, floods, storms, fire, pandemic, war, terrorism, government action, labor disputes, carrier, supplier or Printful failures or delays, internet or power outages, or cyberattacks.

16. Time Limit to Bring Claims

TO THE FULLEST EXTENT ALLOWED BY LAW, ANY CLAIM ARISING FROM THESE TERMS, THE SITE OR ANY PRODUCT MUST BE FILED WITHIN ONE (1) YEAR AFTER IT AROSE, OR IT IS PERMANENTLY BARRED.

17. Changes to These Terms

We may change these Terms at any time by posting an updated version with a new "Last updated" date. Changes apply only to orders placed and use occurring after posting. Material changes to Section 20 will not apply to a dispute already pending or that you notified us of before the change.

18. Termination

We may suspend or end your access at any time for any violation. Sections 5 through 8 and 12 through 22 survive termination.

19. Governing Law and Venue

These Terms are governed by the Federal Arbitration Act and the laws of the State of Texas, without regard to conflict-of-law rules. For any claim not subject to arbitration (including small-claims matters, IP injunction claims, or if Section 20 is found unenforceable), you and we consent to the exclusive jurisdiction and venue of the state and federal courts located in Harris County, Texas.

20. BINDING INDIVIDUAL ARBITRATION; CLASS ACTION AND JURY WAIVER

(a) Informal resolution first. Before starting any claim, you agree to email saltykrakenattire@gmail.com a written notice with your name, order number, a description of the dispute and the relief you want, and to try in good faith to resolve it with us for 30 days. Statutes of limitation are paused during this period.

(b) Arbitration. IF WE CANNOT RESOLVE IT, ANY DISPUTE, CLAIM OR CONTROVERSY ARISING FROM OR RELATING TO THESE TERMS, THE SITE OR ANY PRODUCT, INCLUDING DISPUTES ABOUT THE SCOPE OR ENFORCEABILITY OF THIS SECTION, WILL BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION ("AAA") UNDER ITS CONSUMER ARBITRATION RULES (adr.org/consumer), AND, FOR 25 OR MORE SIMILAR CLAIMS, ITS MASS ARBITRATION SUPPLEMENTARY RULES. Arbitration may be held by video or phone, on written submissions for claims under $10,000, or in person in Harris County, Texas or the county where you live. Fees are paid as set by the AAA Consumer fee schedule (currently a consumer filing fee capped at $225), and the arbitrator may award the same individual relief a court could.

(c) CLASS ACTION WAIVER. YOU AND WE MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OF MORE THAN ONE PERSON.

(d) JURY TRIAL WAIVER. YOU AND WE EACH WAIVE THE RIGHT TO A TRIAL BY JURY.

(e) Exceptions. Either party may (i) bring an individual claim in small-claims court (Texas justice court) if it qualifies, and (ii) seek an injunction in court for infringement or misuse of intellectual property.

(f) 30-DAY OPT-OUT. YOU MAY OPT OUT OF THIS ARBITRATION AGREEMENT BY EMAILING saltykrakenattire@gmail.com WITH THE SUBJECT "ARBITRATION OPT-OUT," YOUR NAME, ADDRESS AND ORDER NUMBER WITHIN 30 DAYS OF FIRST ACCEPTING THESE TERMS. Opting out does not affect any other part of these Terms.

(g) Severability of this section. If the class action waiver is found unenforceable for a claim, that claim must be severed and heard in court in Harris County, Texas, after the arbitrable claims are decided, and the rest of this Section remains in force.

21. General

Entire agreement: These Terms and the policies they reference are the entire agreement between you and us. Severability: If any provision is unenforceable, it will be limited to the minimum extent necessary and the rest stays in force. No waiver: Our failure to enforce a provision is not a waiver. Assignment: You may not assign these Terms. We may assign them without notice, including in a sale or reorganization. No agency: Nothing creates a partnership or agency. Electronic communications: You agree to receive notices electronically. Headings are for convenience only.