TERMS AND CONDITIONS OF SERVICE

Effective Date: April 19, 2026

These Terms and Conditions of Service ("Terms") govern your use of the website operated by Not Naked Swim, LLC ("NNS," "we," "us," or "our") and your purchase of any products offered through the Site. By accessing or using the Site or purchasing products, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use the Site.

I. ACCESS AND USE OF THE SITE

1. Binding Agreement and Acceptance

By using this Site, you affirm that you are of legal age to enter into this agreement or have obtained parental or guardian consent. You agree that these Terms constitute a legally binding contract between you and NNS.

2. Permitted Use and Eligibility

The Site and its contents are intended solely for personal, non-commercial use. You may not use the Site for any unlawful purpose or to post or transmit any material that is infringing, abusive, defamatory, obscene, or that contains viruses or other disruptive components. Users must be the age of majority in their jurisdiction or have parental permission to place an order.

3. User Accounts and Security

If you create an account on the Site, you are solely responsible for maintaining the confidentiality of your account information, including your username and password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account.

4. Marketing and Communications Consent

By providing your email address during checkout or through a dedicated sign-up form, you agree that Not Naked Swim (NNS) may send you promotional, marketing, and informational communications, including newsletters. You may opt-out of receiving these communications at any time by following the unsubscribe link provided in any email.

5. Changes to Terms

NNS reserves the right to update, change, or replace any part of these Terms at any time by posting updates and changes to the Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.

II. PRODUCT, PRICING, AND ORDERING

6. Product Information and Accuracy

We strive to ensure that all product descriptions, images, and prices are accurate; however, we do not guarantee the accuracy, completeness, or currentness of this information, including pricing or availability. We make every effort to display the colors of our products as accurately as possible, but we cannot guarantee that your computer monitor's display of any color will accurately reflect the product's true color.

7. Pricing and Payment

All prices are subject to change without notice. NNS reserves the right to refuse or cancel any order placed for a product listed at an erroneous price or if we suspect fraudulent activity. In the event of a cancellation after you have been charged, we will issue a full refund to your original payment method.

8. Availability and Fulfillment

All purchases are subject to product availability. If a product is unavailable after an order has been placed, we will notify you and process a refund for the unavailable item(s). If you place a pre-order, the entire order may be held until the pre-order item is ready to ship, and estimated arrival dates are subject to change without liability to NNS for any delays.

III. SHIPPING, RETURNS, AND EXCHANGES

9. Shipping and Delivery

We ship to addresses within the United States. Delivery times are estimates only and may vary. NNS is generally not responsible for shipping delays caused by carriers or customs. Once a tracking number is provided, NNS is not liable for lost or un-received items.

10. Returns and Exchanges Policy

We accept returns or exchanges subject to the following conditions:

• Returns or exchanges must be initiated within 14 days of delivery.

• Items must be unworn, unwashed, and in original condition.

• The hygiene liner must be fully intact and in place.

• Items must be free from any signs of wear, including makeup, deodorant, or other marks.

• All returns are subject to review and approval by NNS at our sole discretion.

• Final sale items are non-returnable.

• Shipping costs are non-refundable, and the customer is responsible for all return shipping costs unless the item received was incorrect or defective.

11. Refund Processing

Refunds will be issued to the original form of payment upon approval of the return. Please allow 5–10 business days for the refund to be processed once we have received the item, plus additional time for your bank or credit card provider to post the funds to your account.

IV. LEGAL AND INTELLECTUAL PROPERTY

12. Intellectual Property Rights

All content on the Site, including images, text, logos, graphics, and video footage, is the sole and exclusive property of Not Naked Swim, LLC (Morgan Winter/Not Naked Swim, LLC) and is protected by intellectual property laws. You are prohibited from using, reproducing, or distributing any content from the Site without our prior written permission.

13. Limitation of Liability and Disclaimer

THE SITE AND ALL PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NNS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE USE OR THE RESULTS OF THE USE OF THIS SITE OR THE PRODUCTS.

TO THE FULLEST EXTENT PERMITTED BY LAW, NNS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, INCLUDING LOST PROFITS, ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SITE OR PRODUCTS PURCHASED FROM THE SITE.

14. Governing Law and Jurisdiction

These Terms and your use of the Site shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to conflict of law principles. You agree that any legal action or proceeding related to the Site shall be brought exclusively in a federal or state court of competent jurisdiction sitting in the State of Delaware.

15. Taxes, Fees, and Duties

The customer is responsible for all customs duties, import/export taxes, and any other duties, taxes, or fees levied by local governments or customs authorities on their order upon delivery

16. Privacy Policy

By using the Site, you acknowledge and agree to the collection, use, and disclosure of your personal information as set forth in our separate [Privacy Policy] notnakedswim.com/privacy-policy.