Terms of Service

Effective Date: March 23, 2026

1. Introduction

Welcome to thecocoonbaby.com (the "Site") administered by Cocoon Baby, LLC ("Cocoon Baby", "we", "us" or "our"). PLEASE READ THESE TERMS OF SERVICE ("TERMS") CAREFULLY. THESE TERMS CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND COCOON BABY AND SET FORTH THE TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SITE, THE SERVICES, CONTENT, AND RELATED FEATURES AND FUNCTIONALITY ENABLED VIA OUR SITE (COLLECTIVELY, THE "SERVICES"). COLLECTIVELY, THE SITE, SERVICES, AND RELATED CONTENT ARE "OUR PROPERTIES".

SECTION 17 (ARBITRATION AGREEMENT) CONTAINS PROVISIONS THAT GOVERN HOW TO RESOLVE DISPUTES BETWEEN YOU AND COCOON BABY. AMONG OTHER THINGS, SECTION 17 INCLUDES AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND US MUST BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION. SECTION 17 ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER. PLEASE READ SECTION 17 CAREFULLY.

UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT (AS DEFINED IN SECTION 17) WITHIN THIRTY (30) DAYS IN ACCORDANCE WITH SECTION 17(j) (30-DAY RIGHT TO OPT OUT): (i) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION; AND (ii) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.

ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR USE OF OUR PROPERTIES WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF DELAWARE, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANY OTHER JURISDICTION.

BY ACCESSING OR USING OUR PROPERTIES IN ANY WAY (INCLUDING BY USING THE SERVICES, CHECKING A BOX, OR CLICKING ON ANY OTHER CONSENT PROTOCOL PRESENTED ON OUR PROPERTIES TO INDICATE YOUR ASSENT, COMPLETING THE CHECKOUT PROCESS OR CREATING A CUSTOMER ACCOUNT ("ACCOUNT"), AND/OR MAKING A PURCHASE ON OUR PROPERTIES), YOU REPRESENT THAT (i) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS AND ANY FUTURE AMENDMENTS AND ADDITIONS TO THESE TERMS; (ii) YOU ARE OF LEGAL AGE IN THE JURISDICTION IN WHICH YOU RESIDE TO FORM A BINDING CONTRACT WITH COCOON BABY; (iii) YOU ARE NOT BARRED FROM USING THE SERVICES UNDER THE LAWS OF THE UNITED STATES, YOUR PLACE OF RESIDENCE, OR ANY OTHER APPLICABLE JURISDICTION; AND (iv) YOU HAVE THE AUTHORITY TO ENTER INTO THESE TERMS PERSONALLY OR ON BEHALF OF THE ENTITY YOU NAMED AS THE USER OR CUSTOMER. IF YOU DO NOT AGREE TO ANY OF THESE TERMS, YOU MAY NOT ACCESS OR USE OUR PROPERTIES.

Subject to Section 17(i) (Batch Arbitration), we reserve the right to change the terms and conditions contained in these Terms. PLEASE REGULARLY CHECK OUR SITE TO VIEW THE THEN-CURRENT TERMS. When we make changes to these Terms, we will post a new copy of the Terms available on the Site and update the "Last Updated" date at the top of the Terms.

The information made available on or through Our Properties is provided for information purposes only and does not constitute medical, clinical, or professional advice. No information made available on or through Our Properties is a substitute for professional medical advice. It is important to seek the advice of a healthcare professional and employ good judgment for the specific conditions of each individual. Never disregard professional medical, psychological, or clinical advice or delay in seeking it because of something you have read on Our Properties. THE INFORMATION MADE AVAILABLE ON OUR PROPERTIES IS NOT FOR DIAGNOSTIC USE. IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL 911 OR SEEK IMMEDIATE OR OTHER APPROPRIATE ATTENTION.

2. Communication

a. Questions & Concerns. If you have questions, complaints, or claims with respect to Our Properties, please contact us at support@thecocoonbaby.com. We will do our best to address your concerns. If you feel your concerns were not adequately addressed, please let us know for further investigation.

b. Cocoon Baby Communications. By entering into these Terms or using Our Properties, you agree to receive communications from us, including via e-mail and text message. You agree that texts, calls, or prerecorded messages may be generated by automatic telephone dialing system or other automated system for the selection or dialing of telephone number. Communications may include, but are not limited to: (i) operational communications concerning your Account or use of Our Properties, (ii) updates concerning new and existing features on Our Properties, (iii) communications concerning promotions run by us or our third-party partners, and (iv) news, updates and industry developments. IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF.

3. Our Properties; Products and Services

On Our Properties, users can browse, view, choose, and purchase from our selection of products ("Products") and services, including information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (collectively, the "Content") related to our Products, Services, and business.

The Content we Make Available on Our Properties ("Our Content") is provided for informational purposes to assist you in selecting the appropriate Product for your needs and to learn more about our Services and business. We reserve the right, at our sole discretion, to change, delete, update, modify, or otherwise alter Products and Our Content at any time without prior notice. In addition, we may change the pricing, and availability of Products in our sole discretion at any time without prior notice.

4. Access to Our Properties; Restrictions

Subject to these Terms, you may access Our Properties only for the purpose of learning about Cocoon Baby, its Products, and Services, shopping for Products for personal use and not for purposes of resale, any other commercial use, or use by a third-party, except as explicitly permitted by us in advance. Except as expressly permitted in this Section: (a) you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit Our Properties or any portion thereof unless expressly permitted by us; (b) you may not make any commercial use of any of the information provided on Our Properties or make any use of Our Properties for the benefit of another business unless explicitly permitted by us in advance; (c) you shall not frame or use framing techniques to enclose any trademark, logo, or other portion of Our Properties; and (d) you shall not use any meta tags or any other "hidden text" utilizing Our trademarks.

5. Registering Your Account

a. Account Registration. To access certain features of Our Properties you must be a user who has an Account ("Registered User"). Registered Users may view their order history, shipping address, the status of purchased Products, and manage their purchases within their Accounts.

b. Registration Data. In registering an Account on the Site, (i) you agree to provide true, accurate, current and complete information about yourself as prompted by the registration form ("Registration Data"); and maintain and promptly update the Registration Data to keep it true, accurate, current and complete; (ii) you represent that you are at least thirteen (13) years old, of legal age, and not a person barred from using Our Properties under the laws of the United States, your place of residence, or any other applicable jurisdiction; (iii) you are responsible for all activities that occur under your Account; (iv) you agree that you shall monitor your Account to restrict use by minors; (v) you agree not to share your Account or password with anyone, and you agree to notify us immediately of any unauthorized use of your password or any other breach of security.

6. Your Conduct

As a condition of your use of Our Properties, you agree not to use Our Properties for any purpose that is prohibited by these Terms or applicable law. Without limiting the foregoing, you shall not (and you shall not permit any third party to) take any action that: (a) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity; (b) is abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, or that constitutes unauthorized or unsolicited advertising, junk or bulk email; (c) involves commercial activities without written consent; (d) impersonates any person or entity; (e) interferes with the proper functioning of Our Properties or uses Our Properties in a way not intended by these Terms; or (f) engages in any potentially harmful acts that are directed against Our Properties.

7. Your Submissions

Except as otherwise provided elsewhere in these Terms or on Our Properties, you agree that we have the right to use any materials, data, text audio, video, images, or other content that you submit or post to Our Properties and share with us, including without limitation, ideas, questions, reviews, comments, feedback and suggestions (collectively, "Your Submissions") in any manner we choose, on a royalty-free, worldwide, perpetual, irrevocable, sublicensable and transferable right to use, copy, distribute, create derivative works based on, display and perform Your Submissions.

8. Intellectual Property

Our Content, including all text, images, graphics, publications, audio clips, and software, and the assemblage and arrangement of such items, belongs exclusively to Cocoon Baby, LLC, its affiliates or licensors, and is protected by U.S. and international copyright laws.

"Cocoon Baby" and related graphics, logos, slogans, service marks, and trade names used on or with Our Properties are the trademarks of Cocoon Baby and may not be used in connection with your, or any third-party, products or services or in metalanguage without consent. Other trademarks, service marks, and trade names that may appear on Our Properties are the property of their respective owners.

9. Terms of Sale

a. Payment Methods. When you order a Product, sign up for Auto-Renew, or send an Auto-Renew Gift from Our Properties ("Order"), you may pay for your Order via credit or debit card or any other manner then available on Our Properties (each, a "Payment Method"). You authorize us to charge the Payment Method you have provided and agree that no additional notice or consent is required.

b. Third Party Service Providers. We use Shopify, Inc. ("Shopify") as third-party platforms to provide certain transaction- and payment-related services. By placing an Order for a Product, you hereby consent to share any information and payment instructions you provide with one or more of these third-party provider(s) to the extent required to complete your transactions, including personal, financial, credit card, and debit card information.

c. Auto-Renew Purchases. If you sign up for our Auto-Renew program, you will be responsible for paying the price for each Product you make as part of the program. Your Order will continue indefinitely until you affirmatively cancel Auto-Renew. When you sign up for Auto-Renew, you will make an initial Order specifying the size, quantity of Products you wish to order and receive in your first delivery ("Initial Auto-Renew Order").

d. Orders. Your Order will be deemed accepted by us upon our dispatch of the Products that you have ordered. We shall not be liable with respect to any Orders that are not accepted by us.

e. Verification. Prior to or as part of the check-out process, we may verify certain items before your Order is accepted, including personal and payment information.

f. Pricing Information. Pricing and shipping information, including the total amount to be charged to your Payment Method, will be displayed during the checkout process before you submit your Order. All prices and Products, even after an Order is placed, are subject to change.

g. Disclaimer. We reserve the right to: (i) refuse any Order you place with us; (ii) correct any errors, inaccuracies, or omissions (including after an Order has been submitted and/or your Payment Method has been charged); (iii) change or update information in connection with your Order; and (iv) modify or cancel your Order, even after your Order has been confirmed, without notice or liability to you.

h. Return Policy. Due to the nature of our Products, we cannot accept returns or exchanges of opened Products. Products on Our Properties are generally non-refundable. If you have questions about this policy, please refer to our Shipping & Returns page or contact us at support@thecocoonbaby.com.

i. Product Recall. You agree to fully cooperate with us and provide all reasonable assistance in the event of a Product recall. If we recall Products, we will do so at our sole expense and in our sole discretion.

j. Product Images. All photos, videos, and other images of Products on Our Properties are for illustrative purposes only. The actual color, texture, and shape of the Product may vary from that shown on Our Properties.

k. Taxes. The amounts paid at check-out may not include any Sales Tax that may be due in connection with the Products sold. If Cocoon Baby determines it has a legal obligation to collect Sales Tax from a user in connection with such user's Order(s), Cocoon Baby shall collect such Sales Tax in addition to the amounts required under this Agreement.

10. Term and Termination

a. Term. These Terms shall become effective on the date you first accessed and used any of Our Properties, and shall remain in full force and effect while you use Our Properties unless terminated earlier.

b. Termination by Us. We have the right to terminate these Terms or revoke any and all of your rights granted under these Terms without prior written notice. Upon termination of these Terms, you shall immediately cease all access to and use of Our Properties.

c. Termination by You. If you want to terminate your participation in our Auto-Renew program or any other Service, you may do so through your Account's Dashboard, via SMS or by emailing support@thecocoonbaby.com.

11. International Use

Our Properties can be accessed from countries other than the United States, but may contain products or references to products that are not available outside of the United States. If you access and use Our Properties outside the United States, you are responsible for complying with your local laws and regulations.

12. Disclaimer of Warranties

TO THE FULLEST EXTENT OF THE LAW, COCOON BABY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR RELATED TO USE OF OUR PROPERTIES. WE DO NOT WARRANT THAT OUR PROPERTIES WILL BE ERROR FREE, AND THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE INFORMATION OR OTHER MATERIALS AVAILABLE ON OR THROUGH OUR PROPERTIES. YOU ACKNOWLEDGE AND AGREE THAT NEITHER WE NOR OUR AGENTS, ADVERTISERS, SPONSORS, OR LICENSORS ARE LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD US LIABLE, FOR THE CONDUCT OF OTHER USERS OR THIRD PARTIES.

13. Limitation of Liability

TO THE FULLEST EXTENT OF THE LAW, YOU AGREE THAT COCOON BABY, ITS AFFILIATES, AGENTS AND THEIR RESPECTIVE MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS ("COCOON BABY PARTIES") WILL NOT BE LIABLE FOR ANY PERSONAL INJURY, OR ANY LOSS OF PROFITS, REVENUE OR DATA, OR INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, IN CONNECTION WITH OUR PROPERTIES OR THESE TERMS. THE CUMULATIVE LIABILITY OF THE COCOON BABY PARTIES FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS, OR YOUR USE OF OUR PROPERTIES, INCLUDING ANY CAUSE OF ACTION SOUNDING IN CONTRACT, TORT, OR STRICT LIABILITY, WILL NOT EXCEED THE GREATER OF: (i) THE AMOUNT PAID TO COCOON BABY BY YOU DURING THE ONE (1) MONTH PERIOD IMMEDIATELY PRIOR TO THE OCCURRENCE GIVING RISE TO SUCH LIABILITY OR (ii) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES.

14. Basis of the Bargain

YOU ACKNOWLEDGE AND UNDERSTAND THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH IN SECTIONS 12 AND 13 FORM AN ESSENTIAL BASIS OF THE AGREEMENT BETWEEN THE PARTIES HEREIN, AND THAT ABSENT SUCH DISCLAIMERS AND LIMITATIONS OF LIABILITY, THE TERMS AND CONDITIONS OF THESE TERMS WOULD BE SUBSTANTIALLY DIFFERENT.

15. Indemnification

You agree to indemnify and hold harmless the Cocoon Baby Parties from any and all liabilities, claims, expenses, demands, losses, damages, costs, and reasonable attorneys' fees and costs, arising out of or in any way related to your breach of these Terms, your use of or access to Our Properties, or in connection with your Account or any other person's use of your Account, with or without your permission.

16. External Links

Our Properties may contain links to sites on the Internet that are owned and operated by third parties. YOU ACKNOWLEDGE AND AGREE THAT COCOON BABY PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD COCOON BABY PARTIES LIABLE FOR THE CONTENT OF THIRD PARTIES, AND THAT THE RISK OF ECONOMIC DAMAGE FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.

17. Exclusive Venue

To the extent the parties are permitted under these Terms to initiate litigation in a court, both you and Cocoon Baby agree that all claims and disputes arising out of or relating to these Terms will be litigated exclusively in either a small claims court or the appropriate state or federal courts located in Wilmington, Delaware.

18. Arbitration Agreement

Arbitration Agreement. Please read this section carefully. It is part of your contract with us and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

a. Applicability of Arbitration Agreement. Subject to the terms of this Arbitration Agreement, you and Cocoon Baby agree that any and all disputes, claims, disagreements arising out of or relating in any way to your access to or use of the Service, any controversy regarding any Products sold or distributed through Our Properties, or these Terms and prior versions of these Terms, including claims that arose between you and us before the effective date of these Terms (each, a "Dispute") will be resolved by binding individual arbitration.

b. Informal Dispute Resolution. There might be instances when a Dispute arises between you and Cocoon Baby. In those cases, Cocoon Baby is committed to working with you to reach a reasonable resolution. You and Cocoon Baby agree that good faith informal efforts to resolve Disputes can result in a prompt, low-cost and mutually beneficial outcome ("Informal Dispute Resolution"). You and Cocoon Baby agree that before either party commences arbitration against the other, we will personally meet and confer, in a good faith effort to resolve informally any Dispute.

c. Waiver of Jury Trial. YOU AND COCOON BABY HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY.

d. Waiver of Class and Other Non-Individualized Relief. YOU AND COCOON BABY AGREE THAT, EXCEPT AS SPECIFIED HEREIN, EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR CONSOLIDATED BASIS.

e. Rules and Forum. These Terms evidence a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement and any arbitration proceedings. The arbitration will be administered by the American Arbitration Association ("AAA"), in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect.

f. Arbitrator. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state in which the arbitration is held, selected by the parties from the AAA's roster of consumer dispute arbitrators.

g. Authority of Arbitrator. The arbitrator shall have exclusive authority to resolve any Dispute, including the validity of the Arbitration Agreement or any portion of the Arbitration Agreement.

h. Attorneys' Fees and Costs. The parties shall bear their own attorneys' fees and costs in arbitration unless the arbitrator finds that the substance of the Dispute or the relief sought in the Request was frivolous or was brought for an improper purpose.

i. Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, you and Cocoon Baby agree that if there are one-hundred (100) or more individual Requests of a substantially similar nature filed against Cocoon Baby by or with the assistance of the same law firm, group of law firms, or organizations, within a thirty (30) day period, the AAA shall administer the arbitration demands in batches of 100 Requests per batch.

j. 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to: support@thecocoonbaby.com, within thirty (30) days after first accepting these Terms.

k. Invalidity, Expiration. Except as provided in Section 17(d), if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement will continue in full force and effect.

19. Miscellaneous

a. Assignment. The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Cocoon Baby's prior written consent.

b. Severability/Waiver. If any portion of these Terms is held invalid, void, or for any reason unenforceable by a court of competent jurisdiction, that portion will be construed in a manner to reflect as nearly as possible the original intent, and will not affect the validity and enforceability of any other portion of the Terms.

c. Force Majeure. We shall not be liable for any delay or failure to perform, including failure to deliver Services, resulting from causes outside our reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, pandemics, or shortages of transportation facilities, fuel, energy, labor, or materials.

d. Notice. Where Cocoon Baby requires that you provide an email address, you are responsible for providing Cocoon Baby with your most current email address.

e. Electronic Communications. The communications between you and Cocoon Baby use electronic means, whether you use the Site or send us emails, or whether we post notices on the Our Properties or communicate with you via email. You consent to receive communications from Cocoon Baby in an electronic form.

f. Entire Agreement. These Terms constitute the final complete and exclusive agreement of the parties with respect to the subject matter hereof and supersede and merge all prior discussions between the parties with respect to such subject matter.

g. Export Control. You may not use, export, import, or transfer Our Properties except as authorized by U.S. law, the laws of the jurisdiction in which you obtained Our Properties, and any other applicable laws.