Terms of service
OVERVIEW
Welcome to Nymyst! The terms "we", "us", and "our" refer to Nymyst. Nymyst operates this store and website, including all related information, content, features, tools, products, and services in your order, to provide you (the customer) with a curated shopping experience (the "Service"). Nymyst is powered by Shopify, which enables us to provide the Service to you.
The following Terms of Service, together with any policies referenced herein (collectively, the "Terms of Service" or "Terms"), set forth your rights and responsibilities when using the Service.
Please read these Terms of Service carefully, as they contain important information regarding your legal rights, including disclaimers and limitations of liability.
By accessing, using, or interacting with our Service, 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 should not use or access our Service.
SECTION 1 - ACCESS AND ACCOUNTS
By agreeing to these Terms of Service, you represent that you are of legal 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 Service on devices you own, purchase, or manage.
To use the Service, including browsing our online store or purchasing any 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 information you provide to our store is accurate, current, and complete, and that you have all necessary rights to provide such information.
You are solely responsible for maintaining the security of your account credentials and for all activities 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 the products and services in our online store as accurately as possible. However, please note that due to differences in device types, settings, and configurations used to access the store, the actual colors or appearance of products may vary from what appears on your screen.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or match the representation in our online store.
All product descriptions 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 quantity of any product offered 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. Nymyst reserves the right to accept or decline your order for any reason in its sole discretion. Your order is not binding until accepted and confirmed by Nymyst. We must receive and process your payment before your order is accepted. Please check your order carefully before submitting; once an order is accepted, Nymyst may not be able to accept requests for cancellation. If we decline, modify, or cancel an order, we will attempt to notify you using the email, billing address, and/or phone number provided at the time the order was placed.
Your purchases are eligible for return or exchange strictly in accordance with our Refund Policy [link].
You represent and warrant that your purchases are for your personal or household use only, 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 explicitly stated otherwise, posted prices do not include taxes, shipping, handling, duties, or import fees.
Prices posted on our online store may differ from prices in physical stores, online stores operated by third parties, or other outlets. We may offer promotions from time to time that may affect pricing and are governed by terms separate from these Terms. In the event of a conflict between promotional terms and these Terms, the promotional terms shall govern.
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, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (1) the credit card information you supply is true, correct, and complete, (2) you are duly authorized to use such credit card for the purchase, (3) charges incurred by you will be honored by your credit card company, and (4) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.
SECTION 5 - SHIPPING AND DELIVERY
We assume no liability for shipping and delivery delays. All delivery estimates are approximate and cannot be guaranteed. We are not responsible for delays caused by carriers, customs processing, or circumstances beyond our control. Title and risk of loss pass to you once we transfer the products to the carrier.
SECTION 6 - INTELLECTUAL PROPERTY
Our Service, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, as well as their design, selection, and arrangement, are owned by Nymyst, its affiliates, or licensors, and are protected by United States and international patent, copyright, and other intellectual property laws.
These Terms permit you to use the Service 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 Service without our prior written consent. Except as expressly provided, nothing in these Terms shall be construed as conferring any license or right under any patent, trademark, copyright, or other intellectual property right of Nymyst, Shopify, or any third party. Unauthorized use of the Service may violate federal and state intellectual property laws. Nymyst reserves all rights not expressly granted herein.
The Nymyst name, logo, product and service names, designs, and slogans are trademarks of Nymyst or its affiliates or licensors. You must not use such marks without the prior written permission of Nymyst. 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 on the Service are the trademarks of their respective owners.
SECTION 7 - OPTIONAL TOOLS
You may be provided with access to third-party tools as part of the Service 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 Service (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 - THIRD-PARTY LINKS
The Service may contain materials 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 any third-party materials or websites you choose to access. If you decide to leave the Service and access third-party materials or sites, you do so 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
Nymyst is powered by Shopify, which enables us to provide the Service to you. However, any sales and purchases made in our store are conducted directly with Nymyst. By using the Service, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Nymyst, including any injury, damage, or loss resulting from the purchase of products and services. You hereby expressly release Shopify and its affiliates from any and all claims, damages, and liabilities arising out of or in connection with your purchases or dealings with Nymyst.
SECTION 10 - PRIVACY POLICY
All personal information collected through the Service 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 Service, you acknowledge that you have read and understood our Privacy Policy.
Because the Service is hosted by Shopify, Shopify processes personal information regarding your access to and use of the Service to provide and improve the Service. Information you submit to the Service will be transmitted to Shopify and potentially to third parties located outside your country of residence to provide the Service to you. Please review our Privacy Policy [link] to learn more about 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, comments, proposals, plans, or other materials (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, copy, modify, publish, distribute, and display such Feedback in any medium 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 Service, and to fulfill our obligations and exercise our rights under these Terms of Service.
You further represent and warrant that: (1) you own or hold all necessary rights to all Feedback; (2) you have disclosed any compensation or incentive associated with submitting Feedback; and (3) your Feedback complies with these Terms. We are under no obligation (1) to maintain any Feedback in confidence; (2) to pay compensation for any Feedback; or (3) to respond to any Feedback.
We may, but have no obligation to, monitor, edit, or remove content 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 defamatory or otherwise unlawful, abusive, 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 email 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 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 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 Service for lawful purposes only. You shall not, directly or indirectly, access or use the Service for: (1) any unlawful or malicious purpose; (2) violating any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (3) infringing upon or violating our intellectual property rights or the intellectual property rights of others; (4) harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or discriminating against any of our employees or any other person; (5) submitting false or misleading information; (6) sending, knowingly receiving, uploading, downloading, using, or re-using any material that does not comply with these Terms; (7) transmitting or procuring the sending of any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation; (8) impersonating or attempting to impersonate any other person or entity; or (9) engaging in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us, may harm Nymyst, Shopify, or users of the Service, or expose them to liability.
Additionally, you agree not to: (1) 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; (2) reproduce, duplicate, copy, extract, sell, resell, or exploit any portion of the Service; (3) collect or track the personal information of others; (4) spam, phish, pharm, pretext, or abuse the Service; (5) use any robot, spider, scraper, data collection and extraction tool, automated device or process, AI tool (e.g., agentic AI), or automated or manual means to access the Service; or (6) interfere with, bypass, or circumvent the security, authorization features, robot exclusion headers, or other measures implemented to restrict access to the Service. We reserve the right to suspend, disable, or terminate your account at any time without notice if we believe you have violated any part of these Terms.
SECTION 14 - AGENTS
14.1 This section ("Agent Terms") applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Service. "Agent" means any software or service that acts autonomously or semi-autonomously on behalf of or at the direction of any person or entity, and can execute actions or use a person's device without direct supervision.
14.2 No Agent may access, use, or interact with the Service unless it continuously identifies itself and operates strictly in accordance with Section 14.4 below. Furthermore, no Agent may access, use, or interact with the Service if we request that the Agent refrain from doing so.
14.3 We may implement technical measures or other means to restrict any Agent from accessing, using, or interacting with the Service.
14.4 Agents must: (1) identify in all HTTP/HTTPS requests that the request originates from an Agent and disclose the Agent’s name in the Request User-Agent String as follows: `"Agent/[Agent Name]"`; (2) not conceal or obscure the fact that access, use, or interaction originates from an Agent, such as by (a) mimicking human behavior and interaction patterns, or (b) completing or bypassing CAPTCHAs or measures designed to distinguish computers from humans; (3) truthfully answer any questions or prompts intended to determine whether an interaction originates from a human or a computer; and (4) not circumvent or otherwise evade any measures designed to prevent, restrict, modify, or control how Agents access, use, or interact with the Service.
SECTION 15 - TERMINATION
We may terminate this agreement or your access to the Service (or any part thereof) at any time in our sole discretion without notice, and you will remain liable for all amounts due up to and including the date of termination.
Upon termination, the following sections shall survive: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other terms that by their nature should survive termination.
SECTION 16 - DISCLAIMER OF WARRANTIES
Information provided through the Service 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 all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Service, or by anyone who may be informed of any of its contents.
Except as otherwise expressly stated by Nymyst, the Service and all products provided to you through the Service 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. Certain jurisdictions do not allow limitations on implied warranties, so the above disclaimers may not apply to you.
SECTION 17 - LIMITATION OF LIABILITY
To the maximum extent permitted by law, in no event shall Nymyst, our partners, directors, officers, employees, affiliates, agents, contractors, service providers, or licensors, nor 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 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 Nymyst, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against 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 incorporated by reference; (2) your violation of any law or the rights of a third party; or (3) your access to and use of the Service.
We will notify you of any claim requiring indemnification, but failure to receive prompt notice will not relieve you of your indemnification obligations unless you are materially prejudiced thereby. We reserve the right to control the defense and settlement of such claims at your expense, including selecting counsel, provided that 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 claim requiring indemnification, including providing 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 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 against the drafting party.
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, and any such attempt shall be void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice.
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 and state or regional courts of the jurisdiction where Nymyst's headquarters is located. You and Nymyst agree to submit to the 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 as required by applicable law, and such changes will become effective on the date specified in the notice. Your continued use of or access to our 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 nymystsupport@gmail.com.