Terms of service

OVERVIEW

Welcome to Zuvia! The terms "we," "our," and "us" refer to Zuvia. Zuvia operates this store and website, including all information, content, features, tools, products, and related services, to provide you, as a customer, with a personalized shopping experience (the "Services"). Zuvia uses the Shopify platform to provide these Services to you.

The following terms and conditions, along with the policies referenced herein (the "Terms of Use" or "ToU"), describe your rights and responsibilities when using the Services.
Please read these Terms of Use carefully, as they contain important information about your legal rights, including warranty disclaimers and liability limitations.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Use and our Privacy Policy [LINK]. If you do not agree to these Terms of Use or the Privacy Policy, you must not use or access our Services.

ARTICLE 1 – ACCESS & ACCOUNTS

By accepting these Terms of Use, you represent that you have reached the age of majority in your state or province of residence and grant us your consent to allow any minor dependents to use the Services on devices you own, purchase, or manage.

To use the Services—including accessing or browsing our online stores or purchasing products or services—you may be required to provide certain information, such as your email address, billing, payment, and shipping details. You represent and warrant that all information you provide is accurate, current, and complete, and that you have all necessary rights to disclose it.

You are solely responsible for the security of your account credentials and any activity under your account. You may not transfer, sell, assign, or license your account to another person.

ARTICLE 2 – OUR PRODUCTS

We have made every effort to accurately display our products and services in our online stores. However, colors or appearances may differ from what is displayed on your screen due to your device type, settings, and configuration.

We do not guarantee that the appearance or quality of purchased products or services will meet your expectations or match what is displayed in our online stores.

Product descriptions may be changed at any time, without notice, at our sole discretion. We reserve the right to remove any product from sale at any time and may limit quantities available to any person, geographic region, or jurisdiction, on a case-by-case basis.

ARTICLE 3 – ORDERS

When you place an order, you are making an offer to purchase. Zuvia reserves the right to accept or refuse your order for any reason, at its sole discretion. Your order is only considered accepted after written confirmation from Zuvia. We must receive and process your payment before your order is confirmed.

Please review your order carefully before submitting it, as Zuvia may not be able to accommodate cancellation requests once the order is confirmed. In the event of order refusal, modification, or cancellation, we will attempt to contact you using the email address, billing address, and/or phone number provided during checkout.

Your purchases are subject to return or exchange conditions in accordance with our Refund Policy.

You represent and warrant that your purchases are for personal or household use and not for commercial resale or export.

ARTICLE 4 – PRICING & BILLING

Prices, discounts, and promotions may be changed without notice. The price charged for a product or service will be the one in effect at the time of order and will be stated in your order confirmation email. Unless otherwise expressly stated, displayed prices do not include taxes, shipping fees, handling fees, customs duties, or import fees.

Prices displayed on our online stores may differ from those offered in physical stores or on other third-party online platforms. We may occasionally offer promotions on our Services that affect pricing and are governed by separate terms and conditions. In the event of a conflict between promotional terms and these Terms, the promotional terms will prevail.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our stores. You agree to promptly update your information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.

You represent and warrant that:
(i) your credit card information is accurate, correct, and complete;
(ii) you are authorized to use the card for the purchase;
(iii) the charges will be honored by your card issuer; and
(iv) you will pay the amounts charged at the displayed prices, including shipping, handling fees, and all applicable taxes.

ARTICLE 5 – SHIPPING & DELIVERY

We cannot be held responsible for delivery or shipping delays. All delivery times are estimates and are not guaranteed. We disclaim any liability for delays caused by carriers, customs processing, or any event beyond our control.

Once products are handed over to the carrier, ownership and risk of loss transfer to you.

ARTICLE 6 – INTELLECTUAL PROPERTY

Our Services, including—without limitation—all trademarks, brands, text, displays, images, graphics, product reviews, videos, and audio content, as well as their design, selection, and arrangement, are the exclusive property of Zuvia, its affiliates, or its licensors. They are protected by U.S. and international patent, copyright, and intellectual property laws.

These Terms permit you to use the Services solely for personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any content on the Services without our prior written consent.

Except as expressly provided in these Terms, nothing shall be interpreted as granting you a license or other rights to any patent, trademark, copyright, or other intellectual property of Zuvia, Shopify, or any third party. Any unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted in these Terms are reserved by Zuvia.

Zuvia’s names, logos, product and service names, designs, and slogans are trademarks of Zuvia, its affiliates, or its licensors. You may not use them without Zuvia’s prior written permission.
Shopify’s name, logo, product and service names, designs, and slogans are trademarks of Shopify.
All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

ARTICLE 7 – OPTIONAL TOOLS

You may use third-party tools provided through the Services, which we do not monitor, control, or contribute to.

You acknowledge and agree that we provide access to these tools on an "as is" and "as available" basis, without any warranties, representations, or conditions of any kind, and without our endorsement. We disclaim any liability arising from or related to your use of optional third-party tools.

Your use of optional tools is at your own risk and discretion. You are responsible for ensuring that you understand and agree to the terms applicable to these tools, as defined by the relevant third-party provider(s).

We may also introduce new features through the Services in the future (including new tools and resources). These new features will be considered an integral part of the Services and will be subject to these Terms of Use.

ARTICLE 8 – THIRD-PARTY LINKS

The Services may contain documents and hyperlinks to websites provided or operated by third parties (including embedded third-party features). We are not responsible for examining or evaluating the content or accuracy of third-party documents or websites you choose to access.

If you decide to leave the Services to access these third-party documents or websites, you do so at your own risk.

We disclaim any liability for harm or damage arising from your access to third-party websites or your purchase or use of products, services, resources, or content on these sites. We encourage you to carefully review the third parties’ policies and practices and ensure you understand them before engaging in any transaction.

Claims, complaints, concerns, or questions regarding third-party products or services should be directed to the third party in question.

ARTICLE 9 – RELATIONSHIP WITH SHOPIFY

Zuvia is powered by Shopify, which enables us to provide the Services to you. However, any purchase or sale made through our Store is a transaction directly with Zuvia.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales between you and Zuvia, including any damage, harm, or loss resulting from purchased products or services.

You hereby expressly release Shopify and its affiliates from any claim, damage, or liability arising from or related to your purchase and transaction with Zuvia.

ARTICLE 10 – PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy [LINK], and certain personal information may also be subject to Shopify’s Privacy Policy.

By using the Services, you acknowledge that you have read these privacy policies.

Since the Services are hosted by Shopify, Shopify collects and processes personal information regarding your access to and use of the Services to provide and improve them. The information you submit to the Services will be transmitted to and shared with Shopify, as well as with third parties that may be located in countries other than where you reside, to provide the services.

See our Privacy Policy [LINK] for more details on how we, Shopify, and our partners use your personal information.

ARTICLE 11 – FEEDBACK

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, and non-exclusive license to use, reproduce, modify, publish, distribute, and display such Feedback for any purpose, including commercial purposes.

For example, we may use these rights to operate, provide, assess, improve, and promote the Services and to fulfill our obligations and exercise our rights under these Terms of Use.

You further represent and warrant that:
(i) you own or have all necessary rights to the Feedback;
(ii) you have disclosed any compensation or incentive received in connection with submitting the Feedback;
(iii) your Feedback complies with these Terms.

We have no obligation to:
(1) maintain the confidentiality of your Feedback;
(2) compensate you for your Feedback; or
(3) respond to your Feedback.

We may, but are not obligated to, monitor, edit, or remove any Feedback that we determine, in our sole discretion, to be illegal, offensive, threatening, defamatory, libelous, pornographic, obscene, or otherwise objectionable, or that violates any party’s intellectual property rights or these Terms of Use.

You agree that your Feedback will not:

  • Infringe any third-party rights, including copyright, trademark, data protection, personality, or other personal or property rights;
  • Contain any defamatory, illegal, abusive, or obscene material;
  • Contain any computer virus or malicious software that could affect the operation of the Services or any related website.

You may not use a false email address, impersonate any person or entity, or otherwise mislead us or third parties as to the origin of the Feedback.

You are solely responsible for your Feedback and its accuracy. We disclaim any liability and cannot be held responsible for Feedback posted by you or any third party.

ARTICLE 12 – ERRORS, INACCURACIES & OMISSIONS

The Services may occasionally contain information with typographical errors, inaccuracies, or omissions, including regarding product descriptions, pricing, promotions, offers, shipping charges, transit times, or product availability.

We reserve the right to correct any errors, inaccuracies, or omissions, as well as to change or update information or cancel orders if any information is inaccurate, at any time and without prior notice (including after your order has been submitted).

ARTICLE 13 – PROHIBITED USES

You may only access and use the Services for lawful purposes. You are strictly prohibited from accessing or using the Services, directly or indirectly, to:

(a) Engage in any illegal or fraudulent activity;
(b) Violate any regulation, rule, or international, federal, provincial, state, or local law;
(c) Infringe the intellectual property rights of Zuvia, Shopify, or any third party;
(d) Harass, abuse, insult, harm, defame, slander, disparage, intimidate, or injure any of our employees or any other person;
(e) Transmit false or misleading information;
(f) Knowingly send, receive, upload, use, or reuse any content that does not comply with these Terms;
(g) Transmit or cause the sending of any unsolicited or unauthorized advertising or promotional materials, including "spam," "chain letters," "junk mail," or any other similar solicitation;
(h) Impersonate any person or entity, or attempt to do so;
(i) Engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Zuvia, Shopify, Service users, or expose them to any liability.

Additionally, you agree not to:
(a) Upload or transmit viruses or any other malicious code that could affect the operation or functionality of the Services;
(b) Reproduce, duplicate, copy, extract, sell, resell, or exploit any part of the Services;
(c) Collect or track the personal information of others;
(d) Engage in spam, phishing, pharming, or pretexting practices through the Services;
(e) Use bots, spiders, scraping tools, data collection or extraction tools, automated devices, AI tools (including agentic AI), or any automated or manual means to access the Services;
(f) Interfere with, bypass, or disable security or authorization features, robot exclusion headers, or any other measures we implement to restrict access to the Services.

We reserve the right to suspend, disable, or terminate your account at any time and without notice if we determine that you have violated any provision of these Terms.

ARTICLE 14 – AGENTS

14.1 This section (“Agent Terms”) applies if you use, authorize, enable, or cause the deployment of an Agent to access, use, or interact with the Services. An “Agent” means any software or service that acts autonomously or semi-autonomously on behalf of or at the direction of a person or entity and may be executed on a device owned or used by a person without direct supervision.

14.2 No Agent may access, use, or interact with the Services unless it continuously identifies itself and operates in strict compliance with the requirements set out in Section 14.4 below. Additionally, no Agent may access, use, or interact with the Services if we have requested that Agent refrain from accessing, using, or interacting with any service.

14.3 We may limit, including through technical measures, how and whether an Agent may access, use, and interact with the Services.

14.4 Agents must:
(i) In all HTTP/HTTPS requests, indicate that the request originates from an Agent and disclose the Agent’s name by including the following in the user-agent string: “Agent/[Agent Name]”;
(ii) Not conceal or obscure the fact that access, use, or interactions are from an Agent, including by:
(a) Mimicking human behavior or interaction patterns; or
(b) Bypassing or solving CAPTCHAs or other measures designed to distinguish computer use from human use;
(iii) Honestly respond to any challenge or request to determine whether the interaction is from a human or a computer;
(iv) Not bypass or circumvent any measures intended to block, limit, modify, or control Agent access, use, or interaction with the Services.

ARTICLE 15 – TERMINATION

We reserve the right to terminate this agreement or your access to the Services (or any part thereof) at our sole discretion, at any time, and without notice. You remain liable for all amounts due up to and including the date of termination.

The following sections will remain in effect after any termination:
Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, as well as any other provision whose nature implies that it should survive termination.

ARTICLE 16 – DISCLAIMER OF WARRANTIES

The information provided on or through the Services is for general informational purposes only. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim any liability or warranty regarding the consequences of your use, or that of any other visitor to the Services or any person informed of its contents.

EXCEPT AS EXPRESSLY STATED BY [MERCHANT], THE SERVICES AND ALL PRODUCTS PROVIDED THROUGH THEM ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY WARRANTY, REPRESENTATION, OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR OTHER TERMS, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

ARTICLE 17 – LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL [MERCHANT], OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, PROVIDERS, SERVICE PROVIDERS, OR LICENSORS, NOR SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY DAMAGES, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION:

  • LOSS OF PROFITS, REVENUE, SAVINGS, OR DATA;
  • REPLACEMENT COSTS;
  • SIMILAR DAMAGES;
    WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM:
  • YOUR USE OF THE SERVICES OR ANY PRODUCT OBTAINED THROUGH THE SERVICES; OR
  • ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT,
    INCLUDING, WITHOUT LIMITATION, ANY ERROR OR OMISSION IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF USING THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF.

ARTICLE 18 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Zuvia, Shopify, and our affiliates, partners, directors, officers, employees, agents, providers, licensors, and service providers from and against any loss, damage, liability, or claim, including reasonable attorneys’ fees, made by a third party due to or arising out of:
(1) Your breach of these Terms of Use or the documents they incorporate by reference;
(2) Your violation of any law or the rights of a third party; or
(3) Your access and use of the Services.

We will notify you of any claim covered by this indemnification, provided that a failure to provide prompt notice does not relieve you of your obligations, except to the extent you suffer substantial prejudice.

We may assume the defense and settlement of any claim at your expense, including the choice of legal counsel, but we will not settle any claim involving non-monetary obligations on your part without your consent (which consent will not be unreasonably withheld).

You will cooperate in the defense of covered claims, including by providing relevant documents.

ARTICLE 19 – SEVERABILITY

If any provision of these Terms of Use is found to be unlawful, void, or unenforceable, that provision shall be enforceable to the maximum extent permissible by law, and the unenforceable portion shall be deemed severed from these Terms of Use. Such determination shall not affect the validity or enforceability of any other remaining provisions.

ARTICLE 20 – WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of that right or provision.

These Terms of Use, along with any policies or operating rules posted by us on this site or in respect to the Service, constitute the entire agreement and understanding between you and us and govern your use of the Service. They supersede all prior or contemporaneous agreements, communications, or proposals, whether oral or written, between you and us (including, without limitation, any prior versions of the Terms of Use).

Any ambiguity in the interpretation of these Terms of Use shall not be construed against the drafting party.

ARTICLE 21 – ASSIGNMENT

You may not assign, transfer, or sublicense this agreement or any of your rights or obligations under these Terms without our prior written consent. Any attempted assignment in violation of this provision shall be null and void.

We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or prior notice.

ARTICLE 22 – GOVERNING LAW

These Terms of Use, and any separate agreement through which we provide the Services, shall be governed and construed in accordance with the federal laws and the laws of the state or territory of the competent courts located in the jurisdiction where Zuvia is headquartered.

You and Zuvia expressly consent to the territorial and personal jurisdiction of these courts.

ARTICLE 23 – HEADINGS

The headings in this agreement are for convenience only and shall not affect or limit the interpretation of these Terms.

ARTICLE 24 – CHANGES TO TERMS OF USE

You may review the most current version of the Terms of Use at any time on this page.

We reserve the right, at our sole discretion, to update, amend, or replace any part of these Terms of Use by posting the updates or changes on our website. It is your responsibility to periodically check our website for any changes.

We will notify you of any substantial changes to these Terms in accordance with applicable law, and such changes will take effect on the date indicated in the notice.

Your continued use of or access to the Services after the posting of any changes to these Terms constitutes acceptance of those changes.

ARTICLE 25 – CONTACT INFORMATION

For any questions regarding these Terms of Use, please contact us at:
contact@zuviapen.com