Terms of Service — Somniva

General Policy Disclaimer

The materials below are provided for informational purposes only and do not constitute advertising, solicitation, or legal advice.

This template may have been translated using automated technology. Translations are provided only for your convenience. Shopify is not responsible for any errors or omissions in any translation.

Please read this material carefully and make any necessary changes.

The information contained in these materials may or may not reflect the most recent legal developments. Therefore, Shopify does not guarantee that such information is accurate or complete. You should not rely on this information for any purpose without first seeking legal advice from a duly licensed attorney in your state, province, or jurisdiction.

The use, access, or transmission of these materials or any links contained herein is not intended to create, and receipt of them does not constitute, the formation of an attorney-client relationship between you and Shopify. Shopify expressly disclaims any and all liability in connection with your use or publication of these materials and any actions taken or not taken based on these materials.

OVERVIEW

Welcome to Somniva! The terms “we,” “us,” and “our” refer to Somniva. Somniva operates this store and website, including all information, content, features, tools, products, and related services, in order to provide you, the customer, with a personalized shopping experience, collectively referred to in this document as the “Services.” Somniva is powered by Shopify, which allows us to provide the Services to you.

The terms and conditions below, together with any policies referenced herein, referred to as these “Terms of Service” or “Terms,” describe your rights and responsibilities when using 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, available at: https://somniva-2033.myshopify.com/policies/privacy-policy. If you do not agree with these Terms of Service or the 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 that you have given us your consent to allow any of your minor dependents to use the Services on a device that you own, purchase, or manage.

To use the Services, including accessing or browsing our online store or purchasing any of our products, you acknowledge that the online store is the preferred place for these operations.

To purchase the products or services we offer, you may be required to provide certain information, such as your email address, financial information, payment information, and shipping information. You represent and warrant that all information provided in our store 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 carried out 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 accurately display our products and services in our online store. However, please note that the colors or appearance of the products 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 exactly the same as presented or displayed in our online store.

All product descriptions are subject to change at any time, without prior 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, on a case-by-case basis.

SECTION 3 — ORDERS

By placing an order, you are making an offer to purchase. Somniva reserves the right to accept or reject your orders for any reason, at its sole discretion. Your order will not be accepted until Somniva confirms acceptance. We must receive and process your payment before your order is accepted.

Please review your orders carefully before submitting them, as Somniva may not be able to accommodate cancellation requests after the order has been accepted. If we do not accept, modify, or cancel an order, we will attempt to notify you by contacting the email address, billing address, and/or phone number provided at the time the order was placed.

Your purchases may be returned or exchanged exclusively in accordance with our Refund Policy, available at: https://somniva-2033.myshopify.com/policies/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 — PRICING AND FINANCIAL TERMS

Prices, discounts, and promotions are subject to change without prior 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, displayed prices do not include taxes, shipping, handling, customs duties, or import charges.

The prices displayed in our online store may differ from prices offered in physical stores, other online stores, or stores operated by third parties. From time to time, we may offer promotions through the Services that may affect prices and that are governed by terms and conditions separate from these Terms. In the event of a 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 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 when necessary.

You represent and warrant that: (i) the credit card information provided is true, correct, and complete; (ii) you are duly authorized to use such credit card for the purchase; (iii) the charges incurred by you will be honored by your credit card company; and (iv) you will pay the charges incurred at the posted prices, including shipping and handling fees and all applicable taxes, if any.

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 the carrier, customs processing, or events beyond 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 but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video and audio, as well as the design, selection, and arrangement of these elements, are owned by Somniva, its affiliates, or licensors, and are protected by applicable intellectual property laws.

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

Except as expressly provided in this document, nothing in these Terms grants or should be interpreted as granting any license or other rights to you under any patent, trademark, copyright, or other intellectual property of Somniva, Shopify, or any third party.

Unauthorized use of the Services may constitute a violation of applicable intellectual property laws. All rights not expressly granted herein are reserved by Somniva.

The names, logo, product and service names, designs, and slogans of Somniva are trademarks of Somniva or its affiliates or licensors. You must not use such trademarks without prior written authorization from Somniva.

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 present 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, or influence.

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 will have no liability arising from or relating to your use of optional third-party tools.

Any use of optional tools offered through the website is entirely at your own risk, and you should ensure that you are familiar with and agree to the terms under which such tools are provided by the relevant third-party providers.

In the future, we may also offer new features through the Services, including the release of new tools and resources. Such new features will also be considered part of the Services and 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 embedded 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 such third-party materials or websites, you do so at your own risk.

We are not responsible for any damages or losses related to your access to any third-party website, or to your purchase or use of any products, services, resources, or content on any third-party website. Carefully review third-party policies and practices and make sure you understand them before carrying out any transaction. Complaints, concerns, or questions regarding third-party products and services should be directed to the relevant third parties.

SECTION 9 — RELATIONSHIP WITH SHOPIFY

Somniva is powered by Shopify, which allows us to provide the Services to you. However, all sales and purchases made in our store are made directly with Somniva.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Somniva, 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 Somniva.

SECTION 10 — PRIVACY POLICY

All personal information entered through the Services is subject to our Privacy Policy, which can be viewed at: https://somniva-2033.myshopify.com/policies/privacy-policy. 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 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 for you. The information you submit to the Services will be transmitted and shared with Shopify, as well as with third parties that may be located in a country different from the one in which you reside, so that we can provide the Services to you.

Please review 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 transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content, collectively referred to as “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.

For example, we may use our rights under this license to operate, provide, evaluate, enhance, improve, and promote the Services, as well as to comply with 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 comments; (ii) you have disclosed any compensation or incentives received in connection with submitting your comments; and (iii) your comments 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 have no obligation to, monitor, edit, or remove Feedback that, in our sole discretion, we consider unlawful, offensive, threatening, defamatory, libelous, pornographic, obscene, or otherwise objectionable, or that violates third-party intellectual property or these Terms of Service.

You agree that your Feedback will not violate any third-party rights, including copyrights, trademarks, privacy, personality, or other personal or proprietary rights. You also agree that your Feedback will not contain defamatory, unlawful, abusive, or obscene content, nor contain any computer virus or 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, pretend to be someone else, or otherwise mislead Shopify or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you provide and for its accuracy. We assume no legal responsibility or liability for any Feedback posted by you or by third parties.

SECTION 12 — ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, there may be information in the Services that contains typographical errors, inaccuracies, or omissions related to product descriptions, prices, 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 unlawful or malicious purpose;

(b) to violate any local, international, federal, provincial, state, or territorial 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 send, 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 junk mail, chain letters, 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 any person’s use or enjoyment of the Services, or that, as determined by us, may harm Somniva, 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 portion of the Services;

(c) collect or track the personal information of others;

(d) engage in spam, phishing, pharming, or pretexting to access the Services;

(e) use any robot, spider, scraping tool, data gathering and extraction tool, device, automatic process, artificial intelligence tool, or automated or manual means to access the Services; or

(f) interfere with, circumvent, or bypass security features, authorization measures, robot exclusion measures, 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, called the “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 may run on behalf of, or using the device of, a person 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, whether 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 name of the Agent 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 by: (a) mimicking human behavior and interaction patterns; or (b) completing or bypassing CAPTCHA or measures intended to distinguish computer use from human use;

(iii) respond truthfully to any question or prompt seeking to determine whether interactions originate from a human or a computer;

(iv) not circumvent or otherwise avoid any measure intended 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 prior notice, and you will remain responsible for all amounts due up to and including the date of termination.

The following sections will continue to apply after any termination: intellectual property, feedback, termination, warranty disclaimer, limitation of liability, indemnification, severability, waiver, entire agreement, assignment, governing law, privacy policy, and any other provisions that by their nature should survive termination.

SECTION 16 — WARRANTY DISCLAIMER

The information presented on or through the Services is made available solely for general informational purposes. 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 any and all liability arising from reliance placed on such materials by you, by any other visitor to the Services, or by anyone who may be informed of any part of the content.

Except as expressly stated by Somniva, 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, whether 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, represent, or guarantee 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 warranties or other warranties; therefore, the disclaimer above may not apply to you.

SECTION 17 — LIMITATIONS OF LIABILITY

To the maximum extent permitted by law, in no case shall Somniva, 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.

This includes, 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 through the Services.

We will also not be liable for 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 kind 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 we have been advised of the possibility of such damages.

SECTION 18 — INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Somniva, 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 third parties due to or arising from:

(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 subject to indemnification, and the lack of prompt notification will not relieve you of your obligations unless you suffer material prejudice.

We may control the defense and settlement of such claim at our discretion, including the selection of counsel, but we will not settle any claim that requires non-monetary obligations from you without your consent, which may not be unreasonably withheld. You must cooperate in the defense of indemnifiable claims, including by providing relevant documents.

SECTION 19 — SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service.

Such determination shall not affect the validity and enforceability of any remaining provisions.

SECTION 20 — WAIVER; ENTIRE AGREEMENT

The failure or delay 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 website or in relation 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, among others, any prior versions of the Terms of Service.

Any ambiguities in the interpretation of these Terms of Service shall not be interpreted 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 will be null and 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 by which we provide Services to you shall be governed by and interpreted in accordance with the laws applicable to the jurisdiction where Somniva is headquartered. You and Somniva 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 THE TERMS OF SERVICE

You may 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 on 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 take effect on the date specified in the notice. Your continued use of or access to the Services after any changes to these Terms of Service are posted constitutes acceptance of those changes.

SECTION 25 — CONTACT INFORMATION

Questions about the Terms of Service should be sent to: miguel.zanchetta12@gmail.com.

Our contact information is listed below:

Somniva

Email: miguel.zanchetta12@gmail.com

Business address: Not Informed 

Business phone number: Not Informed 

Company registration number / CNPJ: Not Informed 

VAT number: Not Informed