Terms of Service — Glowe

OVERVIEW

Welcome to Glowe! The terms "we", "us" and "our" refer to Glowe. Glowe operates this store and website, including all information, content, features, tools, products and services related to it, with the goal of providing you, the customer, a personalised shopping experience (the "Services"). Glowe is built with Shopify technology, which enables us to provide the Services to you.

The terms and conditions below, together with any policies referenced here (these "Terms of Service" or "Terms"), describe your rights and responsibilities when using the Services.

Please read these Terms of Service carefully, as they contain important information about your legal rights, including areas such as warranty disclaimers and limitations of liability.

By accessing, 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 the Privacy Policy, you must not access or use 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 that 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 browsing our online store 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 information you provide is correct, 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 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 display our products as accurately as possible in our online store. However, colours or product appearance may differ depending on the device you use to access the store and its display settings.

We do not warrant that the appearance or quality of any products purchased will match your expectations or be identical to what is shown 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 quantities of any products offered to any person, geographic region or jurisdiction.

Important notice on the nature of the product: Products sold by Glowe (including neck, arm and foot massagers) are intended solely for relaxation and personal comfort purposes. They are not medical devices, have not been evaluated by any health authority, and are not intended to diagnose, treat, cure or prevent any disease or medical condition. If you have a medical condition, are pregnant, have a pacemaker or other implanted medical device, or have any doubt about the suitability of the product for your situation, please consult a healthcare professional before use. Use of the product is entirely at your own responsibility.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. Glowe reserves the right to accept or decline your order for any reason, at our sole discretion. Your order is not accepted until Glowe confirms acceptance. We must receive and process your payment before we accept your order. Please review your order carefully before submitting it, as Glowe may be unable to accommodate cancellation requests once an order has been accepted. If we do not accept, change 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 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 personal or household use and not for commercial resale or export.

SECTION 4 - PRICING AND BILLING

Prices, discounts and promotions are subject to change without notice. The price charged will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless stated otherwise, prices do not include taxes, shipping, handling, customs or import fees.

You agree to provide current, complete and accurate purchase, payment and account information. You represent and warrant that (i) any payment information you supply is true, correct and complete, (ii) you are duly authorised to use the payment method, (iii) charges incurred will be honoured, and (iv) you will pay the posted prices, including shipping, handling and any applicable taxes.

SECTION 5 - SHIPPING AND DELIVERY

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

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including all trademarks, text, displays, images, graphics, product reviews, video and audio, as well as their design, selection and arrangement, are the property of Glowe, its affiliates or licensors and are protected by intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store or transmit any material from the Services without our prior written consent.

The Glowe name, logo, product and service names, designs and slogans are trademarks of Glowe. You must not use such marks without our prior written permission. The Shopify name, logo and marks are trademarks of Shopify. All other names, logos, product and service names, designs and slogans on the Services are the trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS

You may be given access to third-party tools as part of the Services, over which we have no monitoring, control or input. You acknowledge and agree that we provide access to such tools "as is" and "as available", without any warranties or endorsement of any kind. Any use of optional third-party tools is entirely at your own risk.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain links to third-party websites. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites. If you choose to leave the Services to access such third-party content, you do so at your own risk.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

[This section accurately describes Shopify's relationship with your store and should not be removed or modified.]

Glowe is built with Shopify technology, which enables us to provide the Services to you. However, any sale and purchase you make through our store is made directly with Glowe. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Glowe, including any injury, loss or damage arising from the purchase of products and services. You hereby expressly release Shopify and its affiliates from any and all claims, damages and liabilities arising from or related to your purchase and transaction with Glowe.

SECTION 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may also be subject to Shopify's Privacy Policy. By using the Services, you acknowledge that you have read our 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. Please refer to our Privacy Policy 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 share ideas, suggestions, feedback, reviews, proposals or other content ("feedback"), you grant us a perpetual, worldwide, sub-licensable, royalty-free licence to use, reproduce, modify, publish, distribute and display such feedback in any medium and for any purpose, including commercial use. We have no obligation to keep any feedback confidential, pay compensation for it, or respond to it.

You further represent and warrant that: (i) you own or have all necessary rights to your feedback; (ii) you have disclosed any compensation or incentive received in connection with submitting your feedback; and (iii) your feedback will comply with these Terms.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our 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, 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 only for lawful purposes. You may not access or use the Services, directly or indirectly: to use the Services for any unlawful purpose; to violate any laws or third-party intellectual property rights; to harass, abuse or harm another person; to submit false or misleading information; to send spam or unsolicited communications; to impersonate any other person or entity; to upload viruses or other malicious code; to use any robot, spider, scraper or other automated means (including AI agents) to access the Services; or to interfere with or circumvent the security features of the Services. We reserve the right to suspend or terminate your account at any time, without notice, if we determine you have violated these Terms.

SECTION 14 - AGENTS

This section applies if you use, permit, enable or cause the deployment of an "Agent" (any software or service that performs autonomous or semi-autonomous actions on behalf of a person or entity) to access, use or interact with the Services. No Agent may access, use or interact with the Services unless it identifies itself and operates in strict accordance with the requirements below. An Agent must: (i) identify itself as an Agent in every HTTP/HTTPS request, including "Agent/[agent name]" in the request's user-agent string; (ii) not disguise or conceal that any access, use or interaction is by an Agent, including by imitating human behaviour or bypassing CAPTCHA or similar measures; (iii) respond truthfully to any question seeking to determine whether interactions come from a human or a computer; and (iv) not circumvent or evade any measure designed to block, limit, modify or control whether and how Agents access, use or interact with the Services. We may limit, including through technical measures, whether and how any Agent accesses, uses and interacts with the Services.

SECTION 15 - TERMINATION

We may terminate this agreement or your access to the Services (or any part of it) 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. Provisions relating to Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law and Privacy Policy will survive any termination.

SECTION 16 - DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available solely for general informational 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.

EXCEPT AS EXPRESSLY STATED BY GLOWE, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION 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 WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. NOTHING IN THIS SECTION AFFECTS ANY STATUTORY RIGHTS YOU MAY HAVE AS A CONSUMER THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

SECTION 17 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL GLOWE, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF 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 SERVICES OR ANY PRODUCTS PURCHASED USING THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTHING IN THESE TERMS EXCLUDES OR LIMITS OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, FOR FRAUD, OR FOR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

SECTION 18 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Glowe, Shopify and our affiliates, partners, directors, officers, employees, agents, contractors, licensors and service providers from any claim, demand, loss or damage, including reasonable legal 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) your access to or use of the Services.

SECTION 19 - SEVERABILITY

If any provision of these Terms of Service is held 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, without affecting the validity and enforceability of the remaining provisions.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

Our failure 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 constitute the entire agreement and understanding between you and us, and supersede any prior or contemporaneous agreements, communications and proposals, whether oral or written, 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, and any such attempt will 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 agreement whereby we provide you Services, shall be governed by and construed in accordance with the laws of {{JURISDICTION}}, and the courts of that jurisdiction shall have exclusive jurisdiction to settle any dispute arising from or in connection with these Terms (e.g. England and Wales, or Portugal — to be confirmed once your company's registered jurisdiction is decided). If you are a consumer resident in the United Kingdom or the EU, nothing in this clause deprives you of the protection afforded by any mandatory provisions of the law of your country of residence.

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 THESE TERMS OF SERVICE

You can review the most current version of these 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 to our website. It is your responsibility to check our website periodically for changes. 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.

SECTION 25 - CONTACT INFORMATION

Questions about these Terms of Service should be sent to: glowe@glowewellness.com

Glowe Email: glowe@glowewellness.com