Terms of service
Last updated: September 1, 2026
1. About these Terms
This website and store are operated by Cloud Cake Cotton Candy LLC, a Texas limited liability company doing business as The Cloud Cake ("Cloud Cake," "we," "us," or "our"). These Terms of Service ("Terms") apply to thecloudcake.com, our online store, and the products and services we provide through them (collectively, the "Services"). By accessing the Services, creating an account, submitting content, or placing an order, you agree to these Terms and the policies linked in them. If you do not agree, do not use the Services.
IMPORTANT: SECTION 13 REQUIRES MOST DISPUTES TO BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION. IT INCLUDES A JURY-TRIAL WAIVER AND CLASS-ACTION WAIVER AND EXPLAINS HOW TO OPT OUT.
2. Eligibility and acceptable use
You must be at least the age of majority where you live to purchase from us or submit content. You may not use the Services for an unlawful, fraudulent, abusive, infringing, or unauthorized purpose; interfere with the Services; introduce malicious code; scrape or collect information without permission; impersonate another person; or violate another person's rights.
3. Products and food information
We try to describe and display our products accurately, but colors, appearance, texture, dimensions, and packaging may vary, and cotton candy may settle during transit. Product availability, ingredients, designs, packaging, prices, promotions, and descriptions may change without notice. Review the current product page and our Ingredients & Allergens page before purchasing or consuming a product, particularly if you or the recipient has an allergy or dietary restriction. Product information is general information and is not medical advice.
4. Orders, payment, and promotions
Your order is an offer to purchase. We may accept, reject, limit, or cancel an order, including because of suspected fraud, pricing or inventory errors, reseller activity, promotion abuse, or shipping restrictions. If we cancel after charging you, we will refund the canceled amount. You authorize us and our payment providers to charge the payment method you provide for the order total, including applicable taxes and shipping charges.
Promotions may have additional terms, may not be combined unless stated, and may be changed or ended at any time before an eligible order is placed. Free, bonus, or promotional items have no cash value. If an order-level discount applies, it will be allocated proportionally across eligible items for refund purposes.
5. Shipping, delivery, cancellations, and returns
Our Shipping Policy and Refund Policy are incorporated into these Terms. Processing and delivery dates are estimates unless we expressly state otherwise. You are responsible for providing a complete and accurate delivery address and for reviewing your order promptly. We will try to honor a change or cancellation request received before fulfillment begins, but we cannot guarantee changes or cancellations after an order is placed.
6. Accounts and communications
You are responsible for keeping your account credentials secure and for activity under your account. You agree that we may send transactional communications electronically about your account, orders, and these Terms. Marketing email and text messages are optional. Consent to marketing is not a condition of purchase. Message frequency may vary and message and data rates may apply. You can unsubscribe from a Klaviyo marketing email using the link in the message or reply STOP to a Shopify marketing text; reply HELP for help. Carriers are not liable for delayed or undelivered messages.
7. Reviews, photos, videos, and other user content
"User Content" means any review, rating, testimonial, comment, idea, photo, video, audio, social-media post, message, or other material you submit directly to us, submit through a tool we operate, or expressly authorize us to use. You retain any ownership rights you have in your User Content.
When you submit User Content, you grant Cloud Cake Cotton Candy LLC and its affiliates, service providers, advertising platforms, agencies, retailers, successors, and assigns a worldwide, perpetual, irrevocable, non-exclusive, transferable, sublicensable, royalty-free license to host, use, reproduce, edit, crop, resize, excerpt, translate, adapt, create derivative works from, publish, display, perform, distribute, and otherwise exploit that User Content, together with your submitted name, username, social handle, city or state, voice, image, appearance, and likeness, in any media or format now known or later developed. This includes use on our website and landing pages, product pages, email and text marketing, organic social media, retail materials, and paid digital, print, audio, and video advertising.
You agree that we may use the rights above without further notice, approval, attribution, or compensation to you. To the extent permitted by law, you waive any right to inspect or approve the finished use and any moral rights in the User Content. We may edit User Content for length, spelling, formatting, or presentation, but we will not knowingly change the material meaning or sentiment of a review. We are not required to use, keep, or respond to User Content and may remove it at any time.
You represent and warrant that: (a) you are at least 18 years old; (b) the User Content reflects your honest opinions and actual experience; (c) you own the User Content or have all permissions needed to grant this license; (d) you have permission from every identifiable person shown or heard, and from a parent or legal guardian for any identifiable minor; (e) the User Content does not infringe intellectual-property, privacy, publicity, or other rights or contain unlawful or misleading material; and (f) you have clearly disclosed any payment, free product, discount, sweepstakes entry, employment, family relationship, or other material connection to us. Any incentive we offer for a review is for an honest review and is never conditioned on a positive rating or sentiment.
8. Our content and intellectual property
The Services and their text, graphics, photographs, videos, designs, logos, trademarks, software, and other content, excluding User Content, are owned by or licensed to us and are protected by intellectual-property laws. We give you a limited, revocable, non-transferable right to use the Services for personal, noncommercial shopping purposes. No other rights are granted.
If you believe material on the Services infringes your copyright or other intellectual-property right, email support@thecloudcake.com with identification of the protected work, the challenged material and its location, your contact information, a good-faith statement explaining the issue, a statement that the information is accurate and that you are authorized to act, and your physical or electronic signature. We may remove challenged material and contact the submitter.
9. Third-party services and links
The Services may use or link to third-party platforms, payment processors, carriers, social networks, and applications. We do not control third-party services and are not responsible for their content, availability, security, or separate practices. Your use of them may be governed by their own terms and privacy notices.
10. Disclaimer of warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." EXCEPT FOR EXPRESS PROMISES IN OUR POSTED POLICIES AND RIGHTS THAT CANNOT LEGALLY BE WAIVED, WE DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT PROMISE THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.
11. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CLOUD CAKE COTTON CANDY LLC AND ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL, ARISING FROM THE SERVICES OR PRODUCTS, EVEN IF ADVISED THAT SUCH DAMAGES ARE POSSIBLE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR A CLAIM WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE PRODUCT OR ORDER GIVING RISE TO THE CLAIM OR (B) $100. These exclusions and limits do not apply to liability that cannot be excluded or limited under applicable law, including where prohibited for personal injury, fraud, gross negligence, willful misconduct, or statutory consumer rights.
12. Indemnity
To the extent permitted by law, you agree to defend, indemnify, and hold harmless Cloud Cake Cotton Candy LLC and its owners, officers, employees, contractors, affiliates, and service providers from third-party claims, losses, liabilities, and reasonable costs arising from your User Content, your misuse of the Services, or your violation of these Terms or another person's rights.
13. Mandatory individual arbitration and class-action waiver
Please read this section carefully. Except for the limited exceptions below, you and Cloud Cake agree that every dispute, claim, or controversy arising out of or relating to the Services, a product, an order, these Terms, our Privacy Policy, our advertising or marketing, or the relationship between you and Cloud Cake will be resolved by final and binding arbitration on an individual basis, rather than in court.
Before starting arbitration, the party raising the dispute must send the other party a written notice describing the dispute, the relevant order or transaction, and the requested relief, and allow 30 days for an informal resolution. Notices to Cloud Cake must be emailed to support@thecloudcake.com with the subject line "Notice of Dispute."
If the dispute is not resolved, it will be settled by one neutral arbitrator through the American Arbitration Association ("AAA") under the AAA Consumer Arbitration Rules in effect when the claim is filed. The Federal Arbitration Act, 9 U.S.C. Sections 1-16, governs this arbitration agreement. The arbitrator may award the same individual remedies that a court could award and may enter an award enforceable in any court with jurisdiction. The arbitrator will decide issues concerning the scope, validity, and enforceability of this arbitration agreement, except that a court will decide any issue concerning the enforceability of the class-action waiver.
The arbitration may proceed by documents, telephone, video conference, or an in-person hearing as provided by the AAA Consumer Arbitration Rules. Fees will be allocated under those rules. Cloud Cake will pay the AAA administrative and arbitrator fees that the AAA rules or applicable law require the business to pay. Each party will pay its own attorneys' fees unless the arbitrator awards fees under applicable law.
Either party may bring an individual claim in a court of competent small-claims jurisdiction. Cloud Cake may also seek temporary, preliminary, or other equitable relief in court to prevent actual or threatened infringement, misappropriation, or violation of its intellectual-property or proprietary rights.
YOU AND CLOUD CAKE WAIVE THE RIGHT TO A JURY TRIAL. ALL CLAIMS MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY. NEITHER PARTY MAY PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, MASS, OR REPRESENTATIVE ACTION OR ARBITRATION, AND THE ARBITRATOR MAY NOT COMBINE CLAIMS OR AWARD RELIEF FOR ANYONE OTHER THAN THE INDIVIDUAL PARTY SEEKING RELIEF.
You may opt out of this arbitration agreement by emailing support@thecloudcake.com within 30 days after your first purchase from Cloud Cake. Use the subject line "Arbitration Opt Out" and include your full name, order number, the email address used for the order, and a clear statement that you are opting out of arbitration. Opting out will not affect any other part of these Terms or your ability to purchase from us.
If a final decision determines that the class-action waiver is unenforceable as to a particular claim or request for relief, that claim or request for relief will be decided by a court after all arbitrable claims are completed. The remaining portions of this section will remain in effect. This section survives termination of these Terms.
14. Governing law and court venue
These Terms are governed by Texas law, without regard to conflict-of-law rules, except that the Federal Arbitration Act governs Section 13. For any dispute that is not required to be arbitrated, and except where applicable consumer law gives you a non-waivable right to proceed elsewhere, you and Cloud Cake consent to the exclusive jurisdiction of the state and federal courts located in Travis County, Texas. Nothing in these Terms limits rights or remedies that cannot lawfully be waived.
15. Changes, severability, and entire agreement
We may update these Terms by posting a revised version and changing the "Last updated" date. Changes apply prospectively when posted unless law requires additional notice. If a provision is unenforceable, it will be enforced to the greatest extent permitted and the remaining provisions will remain in effect. These Terms and the policies incorporated into them are the entire agreement regarding the Services and do not waive any term merely because we do not enforce it immediately.
16. Contact
Questions about these Terms may be sent to support@thecloudcake.com.
Cloud Cake Cotton Candy LLC
4245 N Central Expy, Ste 492
Dallas, TX 75205
United States