Terms of service
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 that you have given us your consent to allow any of your minor dependents to use the Services on the device that you own, purchase, or manage.
To use the Services, including accessing or browsing our online store or purchasing any of the products, you need to be aware that the online store is your preferred location.
To purchase the products or services we offer, you may be asked to provide certain information, such as your email address, financial, payment, and shipping information. You represent and warrant that all information provided in our store is correct, current, and complete, and that you have all the necessary rights to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all activity on 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 present an accurate representation of our products and services in our online store. However, please note that the colors or appearance of the product may differ from how they appear on your screen due to the type of device you use to access the store and your device settings.
We do not guarantee that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as those presented or displayed in our online store.
All product descriptions are subject to change at any time without notice and at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products we offer to any person, geographic region or jurisdiction, package by package.
SECTION 3 - ORDERS
By placing an order, you are making an offer to purchase. MimuxStore reserves the right to accept or refuse your orders for any reason, at its sole discretion. Your order will not be accepted until MimuxStore confirms acceptance. We need to receive and process your payment before your order is accepted. Please review your orders carefully before submitting them, as MimuxStore may not be able to fulfill cancellation requests after order acceptance. If we do not accept, modify, 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 placed.
Your purchases are entities to be returned or exchanged exclusively in accordance with our refund policy.
You represent and warrant that your purchases are intended for your personal or household use and not for commercial resale or export.
SECTION 4 - PRICES AND FINANCE
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 indicated in your order confirmation email. Unless expressly stated otherwise, the prices shown do not include tax, shipping, handling, customs or import charges.
The prices displayed in our online store may differ from the prices offered in physical stores or online stores or other stores operated by third parties. From time to time, we may offer promotions on the Services that may affect prices and are governed by terms and conditions separate from these Terms. In case of conflict between the terms of a promotion and these Terms, the terms of the promotion 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 account and other information, including email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you when necessary.
You represent and warrant that: (i) the credit card information you provide is true, accurate and complete; (ii) you are duly authorized to use such credit card for the purchase; (iii) the expenses incurred by you will be honored by your credit card issuer; and (iv) you will pay the expenses incurred at the published prices, including shipping and handling fees and all applicable taxes, if any.
SECTION 5 - SHIPPING AND DELIVERY
We are not responsible for delays in shipping and delivery. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by the carrier, customs processing, or events beyond our control. Once we transfer products to the carrier, ownership and risk of loss pass 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 [merchant], its affiliate or licensor and are protected by U.S. and foreign patents, copyrights and other intellectual property laws.
These Terms allow you to use the Services only for your personal, non-commercial use. You may not reproduce, distribute, modify, create derivative works, publicly display, publicly perform, republish, download, store or transmit any material from the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright or other intellectual property of [merchant], Shopify or any third party. Unauthorized use of the Services may constitute a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by [merchant].
The [merchant] names, logo, product and service names, designs, and slogans are trademarks of [merchant] or its affiliate or licensor. You may not use such trademark without the prior written permission of [merchant]. The Shopify name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans in the Services are trademarks of their respective owners.
SECTION 7 - OPTIONAL TOOLS
You may have access to customer tools offered by third parties as part of the Services, which we do not monitor, control, and over which we have no influence.
You acknowledge and agree that we provide access to these 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 of optional tools offered through the site is entirely at your own risk, and you should ensure that you are aware of and agree to the terms under which such tools are provided by the respective third-party providers.
In the future, we may also offer new functionalities through the Services (including the release of new tools and resources). These new functionalities will also be considered an integral part of the Services and are an integral part of these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any incorporated third-party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites that you choose to access. If you choose to leave the Services to access these third-party materials or websites, you do so at your own risk.
We are not liable for any harm or damages related to your access to any third-party website, or your purchase or use of any products, services, resources, or content on any third-party website. Carefully review 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 and services should be directed to the third party.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
[NOTE TO THE MERCHANT: This section accurately describes Shopify's relationship with your store and should not be removed or modified.]
MimuxStore is powered by Shopify technology, which allows us to provide the Services to you. However, all sales and purchases you make in our store will be made directly with [merchant]. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and [merchant], including any injury, damage, or loss resulting from the purchase of products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchase and transaction with MimuxStore.
SECTION 10 - PRIVACY POLICY
All personal information that we enter through the Services is subject to our Privacy Policy, which can be viewed here [LINK], and certain personal information may be subject to Shopify's Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read this Privacy Policy.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services to you. The information you submit to the Services will be transmitted to and shared with Shopify as well as with third parties who may be located in a country different from the one in which you reside, so that we can provide the Services to you. Review our Privacy Policy [LINK] for more details on how we, Shopify, and our partners use your personal information.
SECTION 11 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, evaluations, 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 for any purpose, including commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve, and promote the Services, as well as to fulfill our obligations and exercise our rights under the Terms of Service.
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 your feedback; and (iii) your feedback will comply with these Terms. We have and will have no obligation (1) to keep your feedback confidential; (2) to pay compensation for your feedback; or (3) to respond to your feedback. We may, but are not obligated to, monitor, edit, or remove feedback that, in our sole discretion, we deem unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates the intellectual property of third parties 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 right. You also agree that your feedback will not contain libelous, unlawful, abusive, or obscene content, nor will it contain computer viruses or any other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, impersonate another person, or otherwise mislead Shopify or third parties as to the origin of any feedback. You are solely responsible for any Feedback you provide and its accuracy. We assume no responsibility or legal liability for any Feedback posted by you or any third party.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally, there may be information in the Services that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times and 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 incorrect, at any time and without prior notice, including after the order has been submitted.
SECTION 13 - PROHIBITED USES
You may access and use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly: (a) for any illegal or malicious purpose; (b) to violate any local, international, federal, provincial or state regulations, rules, laws or ordinances; (c) to infringe or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or injure any of our employees or any other person; (e) to transmit false or misleading information; (f) to knowingly send, receive, upload, download, use or reuse any material that does not comply with these Terms; (g) to transmit or arrange for 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 any other person or entity; or (i) to engage in any other conduct that restricts or inhibits the use or enjoyment of the Services by any person, or that, as determined by us, may harm MimuxStore, Shopify, or users of the Services, or expose them to civil liability.
In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that may be used in any way that affects the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell, or exploit any part of the Services; (c) collect or track personal information of third parties; (d) spam, phish, pharm, or pretext to access the Services; (e) use any robot, spider, scraping tool, data gathering and extraction tool, automated device or process, artificial intelligence tool (such as AI), or automated or manual means to access the Services; or (f) interfere with, circumvent, or bypass security features or authorization, robot exclusion, or other measures we employ to restrict access to the Services. We reserve the right to suspend, disable, or terminate your account at any time without prior notice if we determine that you have violated any part of these Terms.
SECTION 14 - AGENTS
14.1 This section ("Agent Terms") applies if you use, permit, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means any software or service that performs autonomous or semi-autonomous actions on behalf of, or under the instructions of, any person or entity and that can be run on behalf of, or using, a person's device without direct supervision.
14.2 No Agent may access, use, or interact with the Services unless, at all times, it identifies itself and operates in strict compliance with the requirements of section 14.4 below. In addition, no Agent may access, use, or interact with the Services if we have requested that the Agent refrain from accessing, using, or interacting with any service.
14.3 We may limit, including through technical measures, if and how any Agent accesses, uses, and interacts with the Services.
14.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request is from an agent and disclose the agent's name by including the following in the user agent string of the request: "Agent/[agent name]"; (ii) not conceal or obscure that any access, use, or interaction is from an agent, such as (a) mimicking human behavior and interaction patterns or (b) completing or circumventing CAPTCHA or measures designed to distinguish computer use from human use; (iii) truthfully respond to any question or notice seeking to determine whether interactions are from a human or a computer; (iv) not circumvent or otherwise evade any measure designed to block, limit, modify, 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 our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections shall continue to apply after any termination: Intellectual Property, Feedback, Termination, Notice of Warranty, Limitation of Liability, Indemnification, Severability, Disclaimer; the entire Agreement, Assignment, Governing Law, Privacy Policy and any other provisions which by their nature should survive termination.
SECTION 16 - DISCLAIMER OF WARRANTIES
The information presented in or through the Services is provided for general information purposes only. We do not guarantee the accuracy, completeness or usefulness of this information. Any decision made based on this information is entirely at your own risk. We disclaim all liability arising from reliance on such materials by you or any other visitor to the Services, or by any person who may be informed of any part of its Content.
EXCEPT AS EXPRESSLY STATED BY THE [MERCHANT, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTY OR STATEMENT OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR STATEMENTS OF MERCHANTABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR ASSUME THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES; THEREFORE, THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 17 - LIMITATIONS OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL [MERCHANT], OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY DAMAGE, LOSS, CLAIM OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOST DATA, REPLACEMENT COSTS OR ANY OTHER SIMILAR DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING OUT OF YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PURCHASED THROUGH THE SERVICES, OR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY NATURE INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF HAVE BEEN ADVISED OF THE POSSIBILITY OF THIS.
SECTION 18 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless MimuxStore, Shopify and our affiliates, partners, directors, employees, agents, contractors, licensors and service providers from any losses, damages, liabilities or claims, including reasonable attorneys' fees, payable to 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) your access to and use of the Services.
We will notify you of any claim giving rise to indemnification, and failure to provide prompt notification will not relieve you of your obligations unless you suffer material damage. We may manage the defense and resolution of such a claim at your discretion, including the choice of attorney, but we will not resolve any claim requiring non-monetary obligations on your part without your consent (which cannot be withheld without just cause). You must cooperate in the defense of claims for damages, including providing relevant documents.
SECTION 19 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be illegal, 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 - DISCLAIMER; COMPLETE AGREEMENT
The failure or tolerance in exercising or enforcing 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 constitute 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 to the detriment of the drafting party.
SECTION 21 - TASK
You may not delegate, transfer or assign this agreement or any of your rights or obligations under these Terms without our prior written consent, and any attempt to do so will be null and void. We may transfer, assign or delegate these Terms and our rights and obligations without your consent or notification.
SECTION 22 - GOVERNING LAW
These Terms of Service and Any separate contract whereby we provide Services to you shall be governed by and construed in accordance with the federal and state or territorial courts in the jurisdiction where MimuxStore has its headquarters. You and MimuxStore 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 do 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 on 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 any changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will become effective on the date specified in the notification. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.