Terms of service

TERMS OF SERVICE

OVERVIEW Welcome to NUDDI. The terms "we", "us" and "our" refer to NUDDI. NUDDI operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). NUDDI is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services. Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should 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, and you have given us your consent to allow any of your 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 any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.

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

SECTION 2 - OUR PRODUCTS We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.

We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores.

All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

SECTION 3 - ORDERS When you place an order, you are making an offer to purchase. NUDDI reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until NUDDI confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as NUDDI may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the email, billing address, and/or phone number provided at the time the order was made.

Your purchases are subject to return or exchange solely in accordance with our Refund Policy. You represent and warrant that your purchases are for your own personal or household use and not 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 expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.

Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You represent and warrant that the credit card information you provide is true, correct and complete, that you are duly authorized to use such credit card for the purchase, and that charges incurred by you will be honored by your credit card company.

SECTION 5 - SHIPPING AND DELIVERY We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.

SECTION 6 - INTELLECTUAL PROPERTY Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video and audio, and the design, selection and arrangement thereof, are owned by NUDDI, its affiliates or licensors and are protected by U.S. and foreign patent, copyright and other intellectual property 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 the Services without our prior written consent. NUDDI's names, logos, product and service names, designs and slogans are trademarks of NUDDI or its affiliates or licensors. You must not use such trademarks without the prior written permission of NUDDI.

SECTION 7 - OPTIONAL TOOLS You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input. We provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

SECTION 8 - THIRD-PARTY LINKS The Services may contain hyperlinks to websites provided or operated by third parties. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites. We are not liable for any harm or damages related to your access of any third-party websites or your purchase or use of any products or services on any third-party websites.

SECTION 9 - RELATIONSHIP WITH SHOPIFY NUDDI is powered by Shopify, which enables us to provide the Services to you. Any sales and purchases you make in our store are made directly with NUDDI. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and NUDDI. You hereby expressly release Shopify and its affiliates from all claims, damages and liabilities arising from or related to your purchases and transactions with NUDDI.

SECTION 10 - PRIVACY POLICY All personal information we collect through the Services is subject to our Privacy Policy. By using the Services, you acknowledge that you have read our privacy policy. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties in order to provide services to you.

SECTION 11 - FEEDBACK If you submit any ideas, suggestions, feedback, reviews or proposals, you grant us 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 all necessary rights to all feedback submitted and that your feedback will comply with these Terms.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, 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 is inaccurate at any time without prior notice.

SECTION 13 - PROHIBITED USES You may access and use the Services for lawful purposes only. You may not use the Services for any unlawful or malicious purpose, to infringe upon intellectual property rights, to transmit false or misleading information, to send spam or unsolicited communications, or to engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services.

You agree not to upload viruses or malicious code, reproduce or exploit any portion of the Services, collect personal information of others, or use any automated tools, robots, scrapers or AI agents to access the Services without authorization.

SECTION 14 - AGENTS This section applies if you use or enable any software or service that takes autonomous or semi-autonomous action on behalf of any person to access or interact with the Services ("Agent"). No Agent may access the Services unless it identifies itself in all HTTP/HTTPS requests, does not conceal or mimic human behavior, responds truthfully to any prompt seeking to determine if interactions are from a human or computer, and does not circumvent any measures intended to limit or control Agent access. We may limit, including by technical measures, whether and how any Agent accesses the Services.

SECTION 15 - TERMINATION We may terminate this agreement or your access to the Services at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.

SECTION 16 - DISCLAIMER OF WARRANTIES THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

SECTION 17 - LIMITATION OF LIABILITY TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL NUDDI, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES.

SECTION 18 - INDEMNIFICATION You agree to indemnify, defend and hold harmless NUDDI, 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, arising out of your breach of these Terms of Service, your violation of any law or the rights of a third party, or your access to and use of the Services.

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 severed from these Terms of Service without affecting 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 constitute the entire agreement between you and us and govern your use of the Services, superseding any prior agreements, communications and proposals between you and us.

SECTION 21 - ASSIGNMENT You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent. 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 federal and state or territorial courts in the jurisdiction where NUDDI is headquartered.

SECTION 23 - CHANGES TO TERMS OF SERVICE We reserve the right, in our sole discretion, to update, change or replace any part of these Terms of Service by posting updates to our website. Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.

SECTION 24 - CONTACT INFORMATION Questions about the Terms of Service should be sent to us at hello@getnuddi.com

NUDDI EMAIL: hello@getnuddi.com