Terms of service
Overview
Welcome to NUAN! The term "we", "us", and "our" refers to NUAN. NUAN operates this store and website, including all relevant information, content, features, tools, products, and ordering services (collectively, the "Services"), to provide a curated shopping experience to you, the user. NUAN is powered by Shopify, which enables us to provide our Services to you. The following Terms of Service, along with the policies referenced herein (collectively, the "Terms of Service" or "Terms"), outline your rights and responsibilities when using our Services. Please read these Terms of Service carefully as they contain important information regarding your legal rights, including areas such as warranty disclaimers and limitations of liability. By visiting, accessing, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [Link]. If you do not agree to these Terms of Service or the Privacy Policy, you may not use or access our Services.
Section 1 - Access and Account
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or control. To use the Services, including accessing, browsing, or making any purchases from our online store, you may be required to provide certain information such as a valid email address, billing, payment, and shipping information. You represent and warrant that all information you provide to our store is accurate, current, and complete, and that you have all necessary rights to provide this information. You are solely responsible for maintaining the security of your account credentials and for all activities that occur under your account. You may not transfer, sell, assign, or license your account to any other person.
Section 2 - Our Products
We have made every effort to display as accurately as possible the products and services available on our online store. However, please note that the colors and appearance of the products may vary from how they appear on your screen depending on the type of device and its settings used to access the store. We do not warrant that the appearance or quality of any products, services, or information purchased or obtained by you will meet your expectations, or that they will be exactly as depicted or presented in our online store. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. We also reserve the right to limit the quantities of any products or services that we offer to any person, geographic region, or jurisdiction on a case-by-case basis.
Section 3 - Orders
When you place an order, it constitutes an offer to purchase. NUAN reserves the right, at its sole discretion, to accept or decline your order for any reason. Your order is not accepted until NUAN confirms its acceptance. We must receive and process payment before an order is accepted. Please review your order details carefully before submitting, as NUAN may not be able to accommodate cancellation requests after an order has been accepted. If we do not accept, modify, or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. Purchases are only eligible for return or exchange in accordance with our Refund Policy [Link]. You represent and warrant that the products you purchase are for your own personal or household use and not intended for commercial resale or export.
Section 4 - Prices and Billing
Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise stated, displayed prices do not include taxes, shipping, handling, customs duties, or import fees. The prices displayed in our online store may differ from prices offered in physical stores, other online stores, or stores operated by third-party services. We may occasionally offer promotions related to our services that could affect pricing and may be subject to separate terms and conditions. In the event of a conflict between the promotion terms and these Terms, the promotion terms will prevail. You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. You represent and warrant that (i) the credit card information you supply is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay the charges incurred by you at the posted prices, including shipping, handling, and all applicable taxes.
Section 5 - Shipping and Delivery
We are not responsible for delays in shipping and delivery. All delivery times are estimates and are not guaranteed. We are not liable for any delays caused by shipping carriers, customs clearance, or events beyond our control. The title and risk of loss transfer to you once we pass the products to the shipping carrier.
Section 6 - Intellectual Property
Our Services (including, but not limited to, all trademarks, brands, text, displays, images, graphics, product reviews, videos, audio, and the design, selection, and arrangement thereof) are owned by NUAN, its affiliates, or licensors, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services without our prior written consent. Except as expressly provided herein, no part of these Terms shall be construed as granting any license or other rights under any patents, trademarks, copyrights, or other intellectual property of NUAN, Shopify, or any third-party services. Unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted herein are reserved by NUAN. The NUAN name, logos, product names, service names, designs, and slogans are trademarks of NUAN or its affiliates or licensors. You must not use such marks without the prior written permission of NUAN. The Shopify name, logos, product names, service names, designs, and slogans are trademarks of Shopify. All other names, logos, product names, service names, designs, and slogans on this Service are the trademarks of their respective owners.
Section 7 - Optional Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the Services (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Section 8 - Links to External Services
The Services may contain materials and hyperlinks to websites provided or operated by third-party services (including embedded third-party service features). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. Your access to these materials or third-party sites by leaving our Services is at your own risk. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Section 9 - Relationship with Shopify
[Note to Merchant: This section accurately describes the relationship between Shopify and the store and should not be removed or altered.] NUAN is powered by Shopify, which enables us to provide the Services to you. However, sales and purchases made on the store are directly with NUAN. By using the Services, you acknowledge and agree that Shopify is not liable for any aspect of the sale between you and NUAN, including any injuries, damages, or losses resulting from the purchased products or services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with NUAN.
Section 10 - Privacy Policy
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here [Link]. Certain personal information may also be subject to Shopify's Privacy Policy. By using the Services, you acknowledge that you have read this Privacy Policy. Because our Services are hosted by Shopify, Shopify collects and processes personal information regarding your access to and use of the Services to provide and improve the services to you. Information you submit to the Services will be transmitted to and shared with Shopify and third-party services in countries other than your country of residence in order to provide the services to you. For more information on how we, Shopify, and our partners use your personal information, please see our Privacy Policy [Link].
Section 11 - Feedback
If you send, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium and for any purpose, including commercial use. For example, we may use the rights granted under this license to operate, provide, evaluate, enhance, improve, and promote the Services, or to fulfill our obligations and exercise our rights under these Terms. You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with submitting the Feedback; and (iii) your Feedback complies with these Terms. We are under no obligation to (1) maintain any Feedback in confidence; (2) pay compensation for any Feedback; or (3) respond to any Feedback. We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your Feedback will not violate any right of any third-party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive, hateful, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.
Section 12 - Errors, Inaccuracies, and Omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
Section 13 - Prohibited Uses
You may access and use the Services only for lawful purposes. You shall not use or access the Services, directly or indirectly, to: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (e) to submit false or misleading information; (f) to transmit, knowingly receive, upload, download, use, or reuse any material that does not comply with these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter", "spam", or any other similar solicitation; (h) to impersonate or attempt to impersonate another person or entity; or (i) engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm NUAN, Shopify, or users of the Services, or expose them to liability. Additionally, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the Service; (c) track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl, or scrape; (e) use any robot, spider, scraping, data harvesting or extraction tool, automated device or process, AI tools (such as agentic AI), or automatic or manual means to access the Services; or (f) interfere with, circumvent, or bypass any security or authentication features, robot exclusion headers, or other measures we may use to restrict access to the Services. We reserve the right to suspend, disable, or terminate your account at any time without notice for violating any of the prohibited uses.
Section 14 - Agents
14.1 This section ("Agent Terms") applies when you use, authorize, enable, or deploy an Agent to access, use, or interact with the Services. "Agent" refers to any software or service that performs autonomous or semi-autonomous actions on behalf of, or at the direction of, a person or entity, capable of executing without direct oversight on behalf of or using the device of that person or entity. 14.2 Agents must always identify themselves and may not access, use, or interact with the Services unless operating strictly in accordance with the requirements of Section 14.4 below. Furthermore, if we request that an Agent refrain from accessing, using, or interacting with any Services, the Agent must comply. 14.3 We may, through technical or other means, restrict whether and how Agents access, use, and interact with the Services. 14.4 Agents must: (i) disclose the Agent’s name in all HTTP/HTTPS requests by including a User-Agent string that identifies the request as coming from the Agent: "Agent/[Agent Name]"; (ii) not conceal or obfuscate that the access, use, or interaction is from an Agent, including by (a) mimicking human behavior or interaction patterns, or (b) completing or bypassing CAPTCHAs or other measures designed to differentiate human from computer usage; (iii) truthfully respond to any prompts or questions intended to determine whether the interaction is from a human or a computer; and (iv) not circumvent or bypass any measures intended to block, restrict, alter, or control whether and how Agents access, use, or interact with the Services.
Section 15 - Termination
We may terminate this agreement or your access to the Services (or any part thereof) at any time without notice, at our sole discretion. In such an event, you will remain liable for all amounts due up to and including the date of termination. The following sections shall survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive.
Section 16 - Disclaimer of Warranties
The information presented on or through the Services is made available solely for general information purposes. 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 all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents. Except as expressly stated by NUAN, the Services and all products delivered to you through the Services are provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Section 17 - Limitation of Liability
To the fullest extent permitted by law, in no case shall NUAN, our partners, directors, officers, employees, affiliates, agents, contractors, service providers, licensors, or Shopify and its affiliates be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
Section 18 - Indemnification
You agree to indemnify, defend and hold harmless NUAN, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys’ fees, made by any third-party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third-party, or (3) arising from or related to your access and use of the Services. We will notify you of any claim subject to indemnification, provided that our failure to promptly notify you will not relieve you of your obligations unless you are materially prejudiced thereby. We may control the defense and settlement of such claims at your expense, including the choice of counsel, but we will not settle any claim requiring non-monetary obligations from you without your consent (which shall not be unreasonably withheld). You agree to cooperate in the defense of any indemnifiable claim, including the provision of relevant documents.
Section 19 - Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
Section 20 - Waiver; Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Section 21 - Assignment
You may not delegate, transfer, or assign this Agreement or any of your rights or obligations hereunder without our prior written consent, and any such attempt shall be void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.
Section 22 - Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the federal, state, or provincial courts in the jurisdiction where NUAN is headquartered. You and NUAN agree to the venue and personal jurisdiction of such courts.
Section 23 - Headings
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Section 24 - Changes to Terms of Service
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective from the date specified in the notice. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Section 25 - Contact Information
Questions about the Terms of Service should be sent to us at support@mynuanstore.com