Terms of service

Overview

Welcome to Novarate. The terms “we”, “us” and “our” refer to Novarate. We operate this store and website, including related information, content, features, tools, products and services, to provide you with a shopping experience (the “Services”). Our store is powered by Shopify, which enables us to provide the Services.

These terms, together with the policies referenced here (the “Terms of Service” or “Terms”), describe your rights and responsibilities when using the Services. Please read them carefully, as they contain important information about your legal rights, including warranty disclaimers and limitations of liability. By visiting, accessing or using the Services, you agree to these Terms and our Privacy Policy. If you do not agree, do not use or access the Services.

1. Access and accounts

By agreeing to these Terms, you represent that you are at least the age of majority in your state or territory of residence and consent to any minor dependents using the Services on devices you own, purchase or manage.

To use the Services, including browsing or buying products or services, you may need to provide 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 the necessary rights to provide it. You are responsible for protecting your account credentials and for all activity under your account. You may not transfer, sell, assign or license your account to another person.

2. Our products

We make every effort to present our products and services accurately. Colors and appearance may vary depending on your device and display settings. We do not guarantee that the appearance or quality of a product or service will meet your expectations or match its depiction on the store. Product descriptions may change at any time without notice, at our discretion. We may discontinue any product or limit the quantities offered to any person, region or jurisdiction on a case-by-case basis.

3. Orders

Placing an order is an offer to purchase. Novarate may accept or decline an order at its discretion for any reason. An order is not accepted until we confirm acceptance, and payment must be received and processed first. Please review your order before submitting it, as we may be unable to accommodate cancellation requests after acceptance. If we decline, change or cancel an order, we will attempt to notify you using the email address, billing address or telephone number provided with the order.

Returns and exchanges are governed by our Return and Refund Policy. You represent that purchases are for personal or household use, rather than commercial resale or export.

4. Prices and billing

Prices, discounts and promotions may change without notice. The price charged is the price in effect when the order is placed, as stated in the order confirmation email. Unless otherwise stated, displayed prices do not include taxes, shipping, handling, customs duties or import charges. Online prices may differ from prices in physical stores or stores operated by third parties. Promotions may have separate terms; if they conflict with these Terms, the promotion terms apply to that promotion.

You agree to provide current, complete and accurate purchase, payment and account information and to update it promptly, including your email address, card number and expiration date, so we can complete transactions and contact you. You represent and warrant that your card information is true, accurate and complete, that you are authorized to use the card, that the card provider will honor your charges, and that you will pay the posted price and any applicable shipping, handling and taxes.

5. Shipping and delivery

Delivery times are estimates and are not guaranteed. We are not responsible for delays caused by carriers, customs or events outside our control. Title and risk of loss transfer to you when we hand the products to the carrier.

6. Intellectual property

The Services, including trademarks, brands, text, displays, images, graphics, product reviews, video, audio, and their design, selection and arrangement, are owned by Novarate, its affiliates or licensors and are protected by US and foreign intellectual property laws.

These Terms permit personal, noncommercial use only. Without our prior written consent, you may not reproduce, distribute, modify, create derivative works from, publicly display or perform, republish, download, store or transmit material from the Services. Except as expressly stated, these Terms do not grant a license or other rights under patents, trademarks, copyright or other intellectual property belonging to Novarate, Shopify or a third party. Unauthorized use may violate federal and state law. All rights not expressly granted are reserved.

Novarate's name, logos, product and service names, designs and slogans are trademarks of Novarate, its affiliates or licensors and may not be used without prior written permission. Shopify's corresponding names, logos and marks belong to Shopify. Other names, logos, product and service names, designs and slogans belong to their respective owners.

7. Optional tools

We may provide access to third-party tools that we do not monitor or control. These tools are provided “as is” and “as available”, without warranties, representations, conditions or endorsement. We are not liable for matters arising from or related to their use. You use optional tools at your own risk and discretion and should understand and agree to the relevant provider's terms. Any new features, tools or resources introduced through the Services are also subject to these Terms.

8. Third-party links

The Services may include third-party material, embedded features or links to third-party websites. We are not responsible for examining or evaluating their content or accuracy. Access them at your own risk. We are not liable for harm related to visiting third-party websites or buying or using their products, services, resources or content. Review their policies and practices before transacting. Direct complaints, claims, concerns or questions about third-party products and services to the relevant provider.

9. Relationship with Shopify

Although Shopify powers our store, purchases and sales are directly between you and Novarate. You acknowledge that Shopify is not responsible for any aspect of those transactions, including injury, damage or loss arising from purchased products or services. You release Shopify and its affiliates from claims, damages and liabilities arising from or related to purchases and transactions with Novarate.

10. Privacy

Personal information collected through the Services is subject to our Privacy Policy. Certain information may also be subject to Shopify's Privacy Policy. By using the Services, you acknowledge that you have read these policies.

Because Shopify hosts the Services, it collects and processes information about access to and use of the Services to provide and improve them. Information submitted through the Services may be transmitted to and shared with Shopify and third parties in countries other than your country of residence to provide the Services. Our Privacy Policy explains how we, Shopify and our partners use personal information.

11. Feedback

If you send, upload, post, email or otherwise submit ideas, suggestions, feedback, reviews, proposals, plans or other content (“Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display it in any medium for any purpose, including commercial purposes. We may use it to operate, provide, evaluate, enhance, improve and promote the Services or to fulfill obligations and exercise rights under these Terms.

You represent and warrant that you own or have all necessary rights to the Feedback, have disclosed any compensation or incentive received in connection with it, and that it complies with these Terms. We are not obliged to keep Feedback confidential, pay compensation for it or respond. We may, but need not, monitor, edit or remove Feedback we determine to be unlawful, offensive, threatening, defamatory, pornographic, obscene, otherwise objectionable, or in violation of intellectual property rights or these Terms.

Your Feedback must not infringe third-party copyright, trademark, privacy, personality, intellectual property, personal or proprietary rights. It must not contain defamatory, unlawful, abusive, hateful or obscene material, viruses or malware that could affect the Services or related websites. Do not use a false email address, impersonate another person or mislead us or others about its origin. You are solely responsible for your Feedback and its accuracy. We assume no liability for Feedback posted by you or third parties.

12. Errors, inaccuracies and omissions

Information on the Services may occasionally contain typographical errors, inaccuracies or omissions relating to descriptions, prices, promotions, offers, shipping charges, delivery times or availability. We may correct these, change or update information, or cancel orders if information is inaccurate, at any time without prior notice, including after an order is submitted.

13. Prohibited uses

You may access and use the Services only for lawful purposes. You must not directly or indirectly use them for unlawful or malicious purposes; violate international, federal, state or local laws or regulations; infringe our or another party's intellectual property; harass, abuse, insult, harm, defame, threaten or injure others; submit false or misleading information; transmit, knowingly receive, upload, download, use or reuse material that violates these Terms; send or solicit junk mail, chain letters, spam or similar promotions; impersonate another person or entity; or engage in conduct that restricts or interferes with use of the Services or may harm Novarate, Shopify or other users or expose them to liability.

You also agree not to upload or transmit malicious code; reproduce, duplicate, copy, extract, sell, resell or exploit any part of the Services; track other people's personal information; engage in spam, phishing, fraud or pretexting; use robots, spiders, scraping, data gathering or extraction tools, automated devices or processes, AI tools including agents, or other automated or manual means to access the Services; or interfere with or circumvent security, authorization, robot exclusion headers or other access restrictions. We may suspend, disable or terminate your account without notice if we determine that you have violated these Terms.

14. Agents

14.1 These agent terms apply if you use, authorize, enable or deploy an agent to access, use or interact with the Services. An “agent” is software or a service that performs autonomous or semi-autonomous actions on behalf of, or at the direction of, a person or entity, potentially without direct oversight or using that person's or entity's device.

14.2 Agents may not access, use or interact with the Services unless they identify themselves at all times and comply strictly with section 14.4. An agent must also refrain from accessing, using or interacting with the Services if we request it to do so. 14.3 We may use technical or other means to restrict whether and how agents access, use or interact with the Services.

14.4 Agents must identify requests as originating from an agent and disclose their name in all HTTP/HTTPS requests using the user-agent string “Agent/[agent name]”; must not conceal or obscure their automated nature by mimicking human behavior or completing or bypassing CAPTCHAs or other measures intended to distinguish human and computer use; must answer honestly questions intended to determine whether an interaction is human or automated; and must not bypass measures that block, restrict, modify or control whether or how they access, use or interact with the Services.

15. Termination

We may terminate this agreement or your access to all or part of the Services at our discretion, at any time and without notice. You remain responsible for amounts owed through the termination date. Provisions concerning intellectual property, Feedback, termination, warranty disclaimers, liability, indemnification, severability, waiver and the entire agreement, assignment, governing law, privacy, and other provisions that by their nature should survive, remain in effect after termination.

16. Disclaimer of warranties

Information provided through the Services is for general information only. We do not warrant its accuracy, completeness or usefulness. Any reliance is at your own risk. We disclaim liability arising from reliance on this information by you, other visitors or anyone informed of its content.

Except as expressly stated by Novarate, the Services and products provided through them are supplied “as is” and “as available”, without express or implied representations, warranties or conditions, including merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement. We do not guarantee uninterrupted, timely, secure or error-free use. Some jurisdictions limit or prohibit warranty exclusions, so these exclusions may not apply to you.

17. Limitation of liability

To the fullest extent permitted by law, Novarate, its partners, directors, officers, employees, affiliates, agents, contractors, service providers and licensors, and Shopify and its affiliates, will not be liable for injury, loss, claims or direct, indirect, incidental, punitive, special or consequential damages, including lost profits, revenue, savings, data, replacement costs or similar damages, whether based in contract, tort including negligence, strict liability or otherwise, arising from your use of the Services or products obtained through them. This includes claims related to errors or omissions in content, or losses arising from content or products posted, transmitted or otherwise made available through the Services, even if advised of the possibility.

18. Indemnification

You agree to indemnify, defend and hold harmless Novarate, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from losses, damages, liabilities or third-party claims, including reasonable legal fees, arising from your breach of these Terms or incorporated documents, violation of law or third-party rights, or access to and use of the Services.

We will notify you of an indemnifiable claim, but failure to give prompt notice does not release your obligations unless you are materially prejudiced. We may control the defense and settlement, including selection of counsel, at your expense. We will not settle a claim requiring non-monetary obligations from you without your consent, which may not be unreasonably withheld. You agree to cooperate in the defense, including by providing relevant documents.

19. Severability

If any provision is found unlawful, void or unenforceable, it remains enforceable to the fullest extent allowed by applicable law, and the unenforceable portion is deemed severed. This does not affect the validity or enforceability of the remaining provisions.

20. Waiver and entire agreement

Failure to exercise or enforce a right or provision is not a waiver. These Terms and the policies or operating rules we publish on the website or in connection with the Services form the entire agreement between you and us, superseding prior or contemporaneous oral or written agreements, communications and proposals, including earlier versions of these Terms. Ambiguities are not construed against the party that drafted them.

21. Assignment

You may not delegate, transfer or assign this agreement or your rights or obligations without our prior written consent; an attempted assignment without consent is void. We may transfer, assign or delegate these Terms and our rights and obligations without your consent or notice.

22. Governing law

These Terms and any separate agreements under which we provide the Services are governed by and construed in accordance with the laws of the jurisdiction where Novarate is headquartered. You and Novarate consent to the venue and personal jurisdiction of its federal, state or territorial courts.

23. Headings

Headings are for convenience only and do not limit or otherwise affect these Terms.

24. Changes to these Terms

The current version is available on this page. We may update, change or replace parts of these Terms by posting updates on our website. You are responsible for checking for changes. We will notify you of material changes as required by applicable law; those changes take effect on the date stated in the notice. Continued use of or access to the Services after changes are posted constitutes acceptance.