Terms of service
OVERVIEW
Welcome to NUVAI (“NUVAI,” “we,” “us,” or “our”). We operate this store and website, including all related information, content, features, tools, products, and services (the “Services”). Our store is powered by Shopify, which enables us to provide the Services to you.
These Terms of Service (the “Terms”), together with any policies referenced here (including our Privacy Policy and Return Policy), describe your rights and responsibilities when you use the Services. By visiting, interacting with, or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Services.
1. ACCESS AND ACCOUNT
You represent that you are at least the age of majority in your state or province of residence, or you have given consent for any minor dependents to use the Services on devices you own or manage.
To access certain features or purchase products, you may be asked to provide information (e.g., email, billing/payment, and shipping details). You represent and warrant that such information is accurate, current, and complete and that you have the rights necessary to provide it.
You are responsible for maintaining the security of your account credentials and for all activity under your account. You may not transfer, sell, assign, or license your account.
2. OUR PRODUCTS
We strive to accurately present our products, but colors and appearance can vary by device and settings. We do not warrant that product appearance or quality will meet your expectations or precisely match on-screen depictions.
Product descriptions may change without notice. We may discontinue products at any time and may limit quantities offered to any person, region, or jurisdiction.
3. ORDERS
When you place an order, you make an offer to purchase. NUVAI may accept or decline your order at our discretion. Your order is accepted only when we confirm acceptance and process your payment. Please review orders carefully; we may be unable to accommodate cancellations after acceptance. If we do not accept, change, or cancel an order, we will attempt to notify you using the contact details you provided.
Your purchases are subject to our Return Policy (30-day window, unopened items only) available here: [link to Return Policy, e.g., /policies/refund-policy].
You represent and warrant that your purchases are for personal or household use and not for commercial resale or export.
4. PRICES AND BILLING
Prices, discounts, and promotions may change without notice. The price charged will be the price in effect at the time of order and shown on your confirmation email. Unless expressly stated, prices exclude taxes, shipping/handling, and any customs or import charges.
You agree to provide current, complete, and accurate purchase, payment, and account information and to promptly update such information. You represent and warrant that: (i) the payment information you provide is true, correct, and complete; (ii) you are authorized to use the payment method; (iii) charges will be honored by your payment provider; and (iv) you will pay all charges at posted prices plus applicable taxes and fees.
5. SHIPPING AND DELIVERY
Delivery times are estimates and not guaranteed. We are not responsible for delays caused by carriers, customs, or events outside our control. Once products are transferred to the carrier, title and risk of loss pass to you.
6. INTELLECTUAL PROPERTY
The Services—including trademarks, brands, text, images, graphics, product reviews, video, audio, and the design/arrangement thereof—are owned by NUVAI, its affiliates, or licensors and are protected by U.S. and foreign intellectual property laws.
You may use the Services for personal, non-commercial use only. Except as permitted by law or with our prior written consent, you may not reproduce, distribute, modify, create derivative works of, publicly display or perform, republish, download, store, or transmit materials from the Services. All rights not expressly granted are reserved by NUVAI.
NUVAI names, logos, product and service names, designs, and slogans are trademarks of NUVAI or its affiliates/licensors. Shopify’s names and marks are trademarks of Shopify. All other marks are the property of their respective owners.
7. OPTIONAL TOOLS
We may provide access to third-party tools “as is” and “as available,” without warranties and without endorsement. Your use of such tools is at your own risk and subject to the third parties’ terms. We may introduce new features or tools in the future; such features form part of the Services and are subject to these Terms.
8. THIRD-PARTY LINKS
The Services may contain third-party materials or links. We are not responsible for examining or evaluating such content and make no warranties regarding third-party sites or materials. Accessing third-party sites is at your own risk. Review their policies before transacting. Questions or complaints about third-party products/services should be directed to the third party.
9. RELATIONSHIP WITH SHOPIFY
Our store is powered by Shopify, which enables us to provide the Services. However, your sales and purchases are solely with NUVAI. By using the Services, you acknowledge that Shopify is not responsible for any aspect of sales between you and NUVAI, and you expressly release Shopify and its affiliates from claims, damages, and liabilities arising from or related to your purchases and transactions with NUVAI.
10. PRIVACY POLICY
Personal information collected through the Services is subject to our Privacy Policy: [link to Privacy Policy, e.g., /policies/privacy-policy]. Because we are hosted by Shopify, Shopify also collects and processes certain personal information to provide and improve the Services; see Shopify’s Privacy Policy for details. Information you submit may be transmitted to and processed in countries outside your residence.
11. FEEDBACK
If you submit ideas, suggestions, reviews, or other content (“Feedback”), you grant NUVAI a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose. You represent and warrant that you own or have the rights to the Feedback; have disclosed any incentives; and that the Feedback complies with these Terms and applicable laws. We may remove Feedback we deem objectionable or unlawful.
12. ERRORS, INACCURACIES, AND OMISSIONS
Information on the Services may contain typographical errors, inaccuracies, or omissions (e.g., product descriptions, pricing, promotions, shipping charges, transit times, availability). We reserve the right to correct, change, or update information or cancel orders if information is inaccurate at any time without prior notice (including after order submission).
13. PROHIBITED USES
You may use the Services only for lawful purposes. You may not, directly or indirectly: (a) use the Services for unlawful or malicious purposes; (b) violate any laws or regulations; (c) infringe intellectual property rights; (d) harass, abuse, defame, or harm others; (e) transmit false or misleading information; (f) upload material that violates these Terms; (g) send advertising or spam; (h) impersonate others; (i) engage in conduct that restricts or inhibits others’ use of the Services or exposes NUVAI, Shopify, or users to liability; (j) upload viruses/malicious code; (k) reproduce, sell, or exploit the Services; (l) collect or track others’ personal information; (m) scrape or crawl the Services; or (n) interfere with security features. We may suspend or terminate accounts for violations.
14. TERMINATION
We may terminate or suspend the Services (or your access) at any time in our sole discretion without notice. You remain liable for amounts due up to and including the date of termination. Sections intended to survive (including Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver/Entire Agreement, Assignment, Governing Law, and Privacy) will survive termination.
15. DISCLAIMER OF WARRANTIES
The Services and all products are provided “as is” and “as available.” Except as expressly stated by NUVAI, we disclaim all warranties, express or implied, including implied warranties of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. We do not guarantee that use of the Services will be uninterrupted, timely, secure, or error-free. Some jurisdictions do not allow certain disclaimers; in those jurisdictions, disclaimers apply to the maximum extent permitted by law.
16. LIMITATION OF LIABILITY
To the fullest extent permitted by law, in no event shall NUVAI, our partners, directors, officers, employees, affiliates, agents, contractors, service providers, or licensors—or Shopify and its affiliates—be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including lost profits, revenue, savings, data, replacement costs, or similar damages, arising from or related to your use of the Services or products, even if advised of the possibility. Our aggregate liability for direct damages shall not exceed the amount you paid for the product(s) giving rise to the claim.
17. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless NUVAI, Shopify, and our respective affiliates, officers, directors, employees, agents, contractors, licensors, and service providers from claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to: (1) your breach of these Terms or referenced policies; (2) your violation of law or third-party rights; or (3) your access to or use of the Services. We will notify you of indemnifiable claims when reasonably possible and may control the defense and settlement (at your expense). You will reasonably cooperate.
18. SEVERABILITY
If any provision of these Terms is unlawful, void, or unenforceable, that provision shall be enforced to the maximum extent permitted and the remainder shall remain in full force and effect.
19. WAIVER; ENTIRE AGREEMENT
Our failure to enforce any right or provision is not a waiver. These Terms, together with policies posted on the site, constitute the entire agreement between you and NUVAI regarding the Services and supersede prior or contemporaneous agreements.
20. ASSIGNMENT
You may not assign, delegate, or transfer these Terms or your rights or obligations without our prior written consent; any attempt is void. We may assign or transfer these Terms without notice.
21. GOVERNING LAW; VENUE
These Terms and any separate agreements whereby we provide Services are governed by the laws of the State of [STATE/PROVINCE], without regard to conflict-of-law rules. You and NUVAI consent to exclusive jurisdiction and venue in the state and federal courts located in [COUNTY], [STATE/PROVINCE].
22. HEADINGS
Headings are for convenience only and do not affect interpretation.
23. CHANGES TO TERMS
You can review the most current version of these Terms at any time on this page. We may update or replace portions of these Terms by posting updates to the website and, where required by law, providing notice. Changes take effect on the date specified in the notice. Your continued use of the Services following changes constitutes acceptance.
24. CONTACT INFORMATION
Questions about these Terms should be sent to contactnuvai@gmail.com.
NUVAI