Terms of Service

INTRODUCTION
Welcome to Nistura! References to "we," "us," and "our" throughout this document mean Nistura. Our store and website—along with all associated information, content, features, tools, products, and services—operate to deliver you a carefully curated shopping experience (collectively, the "Services"). Nistura leverages Shopify technology to make the Services available to you.
The terms and conditions below, together with any referenced policies (collectively, these "Terms of Service" or "Terms"), outline your rights and obligations when using the Services.
Read these Terms of Service thoroughly, as they contain critical information regarding your legal rights, including important disclaimers and liability limits.
When you access, interact with, or use the Services, you accept and agree to be bound by these Terms of Service and our Privacy Policy [LINK]. Should you disagree with either the Terms of Service or Privacy Policy, do not proceed with using or accessing the Services.

SECTION 1 - ACCOUNT AND ACCESS REQUIREMENTS
By agreeing to these Terms, you confirm that you meet or exceed the age of majority in your jurisdiction, and you authorize any minor dependents under your supervision to use the Services on devices you own, control, or manage.
Certain information may be requested from you to use the Services, including when you access our online stores or purchase our products or services. This may include your email address and payment, billing, and shipping details. You represent that all information supplied is accurate, current, and complete, and that you possess all necessary rights to provide it.
You are entirely responsible for protecting your account credentials and for all activities within your account. You cannot transfer, sell, assign, or license your account to another party.

SECTION 2 - PRODUCT REPRESENTATION AND AVAILABILITY
We work diligently to display accurate depictions of products and services in our online stores. However, variations in color or appearance may occur depending on your device type and its display settings.
We make no guarantee that products or services you purchase will satisfy your preferences or match their appearance on our website.
Product descriptions may be modified at any time at our sole discretion without notice. We maintain the right to discontinue any product and may restrict quantities offered to specific individuals, regions, or jurisdictions as we determine appropriate.

SECTION 3 - PLACING ORDERS
Submitting an order constitutes an offer to purchase. Nistura reserves complete discretion to accept or reject any order. Your order becomes accepted only when Nistura confirms it. Payment must be received and processed before your order is considered accepted. Examine your order carefully before submission, as Nistura may be unable to process cancellation requests once your order is accepted. Should we decline, modify, or cancel an order, we will attempt to inform you by email, phone, or mailing address provided when you placed the order.
Our Refund Policy [LINK] exclusively governs all product returns and exchanges.
You affirm that purchases are for your personal or household use and not for business resale, distribution, or export purposes.

SECTION 4 - PRICING AND PAYMENT TERMS
Pricing, promotional offers, and discounts are subject to change at any time without advance notice. Your order confirmation email will reflect the price in effect at the time of purchase. Unless expressly noted otherwise, listed prices exclude taxes, shipping, handling, customs, and import charges.
Online store prices may differ from prices available in physical retail locations or other third-party retailers. Periodic promotional offers may be available with separate terms and conditions that govern their use. Should conflict arise between promotion-specific terms and these Terms, the promotion terms will take precedence.
You commit to supplying accurate, current, and complete billing, purchase, and account information for all transactions. You agree to maintain and update your account details promptly, including email address and credit card information, to ensure transactions are processed and you remain contactable.
You warrant that (i) your credit card details are accurate, valid, and complete; (ii) you are authorized to use the card; (iii) your issuer will honor charges you incur; and (iv) you will pay all charges, including shipping, handling, and applicable taxes.

SECTION 5 - DELIVERY AND SHIPPING
Nistura bears no liability for shipping delays or failed deliveries. All estimated delivery timeframes are approximate and are not assured. We are not accountable for delays caused by carrier issues, customs procedures, or circumstances outside our control. Once products transfer to the shipping carrier, you assume full title and risk of loss.

SECTION 6 - INTELLECTUAL PROPERTY RIGHTS
The Services, including trademarks, brands, text, displays, images, graphics, product reviews, video, and audio content, as well as their design, selection, and arrangement, are owned by Nistura, its affiliates, or their licensors and are protected under U.S. and international patent, copyright, and intellectual property law.
These Terms permit personal, non-commercial use of the Services only. You may not reproduce, distribute, modify, create derivative works, publicly display, publicly perform, republish, download, save, or share any content from the Services without our prior written approval. Except where explicitly stated, nothing herein grants you any license or rights to any patent, trademark, copyright, or intellectual property belonging to Nistura, Shopify, or third parties. Unauthorized use may violate federal and state intellectual property statutes. All rights not explicitly granted are retained by Nistura.
Nistura's names, logos, product and service names, designs, and slogans constitute trademarks of Nistura or its affiliates and licensors. You may not use these trademarks without Nistura's prior written authorization. Shopify's names, logos, product and service names, designs, and slogans are Shopify trademarks. All remaining names, logos, product and service names, designs, and slogans on the Services belong to their respective owners.

SECTION 7 - THIRD-PARTY TOOLS AND FEATURES
The Services may include access to customer tools offered by third parties, which we do not monitor, manage, or influence.
You understand and accept that third-party tools are provided "as is" and "as available" without warranties, representations, or conditions and without endorsement. Nistura is not liable for issues stemming from your use of such tools.
Use of third-party tools available through our site is entirely at your own risk and discretion. You should review and understand the terms governing such tools before use.
Nistura may introduce additional features through the Services in the future, including new tools and resources. These new features are part of the Services and subject to these Terms of Service.

SECTION 8 - EXTERNAL LINKS AND THIRD-PARTY CONTENT
The Services may include links, hyperlinks, and embedded functionality to materials and websites maintained by third parties. We do not review, evaluate, or verify the accuracy or content of third-party materials or sites you choose to visit. Accessing these materials or sites is entirely your responsibility and risk.
Nistura is not liable for any injury, loss, or damages from accessing third-party websites or from purchasing, using, or obtaining products, services, resources, or content from them. Before engaging with third-party products or services, carefully examine their policies and practices. Direct complaints and inquiries about third-party offerings to the relevant third-party provider.

SECTION 9 - SHOPIFY'S ROLE
[MERCHANT NOTE: This section accurately describes Shopify's relationship and must remain unmodified.]
Shopify powers Nistura, enabling the Services to be available. However, all transactions between you and Nistura occur directly with Nistura. By using the Services, you acknowledge that Shopify is not involved in any aspect of your purchases with Nistura, including claims related to injury, damage, or loss from purchased items. You hereby fully release Shopify and its affiliates from all liability, claims, and damages connected to your purchases and interactions with Nistura.

SECTION 10 - PRIVACY MATTERS
Personal information collected through the Services is governed by our Privacy Policy, viewable here [LINK], and may also be subject to Shopify's Privacy Policy, available here. Using the Services means you have reviewed both policies.
As the Services are hosted on Shopify's platform, Shopify collects and processes personal information about your access and use to provide and enhance the Services. Information you provide may be transmitted to and shared with Shopify and other third parties, potentially in different countries, to deliver services. Consult our privacy policy [LINK] to learn how Nistura, Shopify, and our partners handle your personal information.

SECTION 11 - YOUR FEEDBACK AND SUBMISSIONS
If you provide, upload, post, email, or transmit any ideas, suggestions, feedback, reviews, proposals, plans, or similar content (collectively, "Feedback"), you grant Nistura a perpetual, worldwide, sublicensable, royalty-free right to use, reproduce, modify, publish, distribute, and display that Feedback in any format for any purpose, including commercial purposes. We may exercise these rights to maintain, provide, evaluate, enhance, and promote the Services and to fulfill our responsibilities under these Terms.
You confirm that (i) you own or possess all rights to the Feedback; (ii) you have disclosed any compensation related to your Feedback; and (iii) your Feedback complies with these Terms. Nistura has no duty to (1) maintain Feedback confidentially; (2) pay for Feedback; or (3) respond to Feedback.
Nistura may, but is not obligated to, monitor, modify, or delete Feedback deemed unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise inappropriate, or that violates these Terms or any third party's intellectual property rights.
You warrant that your Feedback does not infringe any third-party rights, including copyright, trademark, privacy, or personality rights. You further warrant that your Feedback contains no illegal, abusive, or obscene material and no computer viruses or malware affecting the Services or related websites. You may not use false email addresses, misrepresent your identity, or mislead us or others regarding Feedback origin. You are solely responsible for your Feedback and its accuracy. Nistura assumes no responsibility or liability for Feedback posted by you or others.

SECTION 12 - CORRECTIONS AND CONTENT MANAGEMENT
Information on the Services may occasionally contain typographical errors, inaccuracies, or omissions related to product details, pricing, promotions, offers, shipping fees, delivery estimates, or availability. We reserve the right to correct these errors, modify or update information, or cancel orders if any information is inaccurate at any time and without advance notice (including after order submission).

SECTION 13 - RESTRICTED CONDUCT
Access and use of the Services is permitted for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for unlawful or malicious activities; (b) to breach any international, federal, state, provincial, or local law, regulation, rule, or ordinance; (c) to violate our intellectual property or that of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, or intimidate employees or others; (e) to distribute false or deceptive information; (f) to send, receive, upload, download, use, or reuse material violating these Terms; (g) to send advertising, promotional material, unsolicited email, chain letters, spam, or similar communications; (h) to impersonate any person or entity; or (i) to engage in conduct restricting others' use or enjoyment of the Services or that may harm Nistura, Shopify, or their users or expose them to liability.
Additionally, you agree not to: (a) upload or send viruses or malicious code affecting the Services' functionality or operation; (b) reproduce, duplicate, copy, extract, sell, resell, or exploit any Services portion; (c) gather or track others' personal information; (d) engage in spam, phishing, pharming, or pretexting; (e) use robots, spiders, scraping tools, data extraction tools, automated devices, AI tools (such as agentic AI), or manual means to access the Services; or (f) interfere with, bypass, or override the Services' security measures, robot exclusion headers, or other access restrictions. Nistura reserves the right to suspend, disable, or terminate your account immediately, without notice, for violations of these Terms.

SECTION 14 - AUTONOMOUS AGENTS
14.1 These Agent Terms apply if you use, permit, activate, or deploy an Agent to access, use, or interact with any Services. An "Agent" is software or a service that operates autonomously or semi-autonomously on behalf of or per instruction from any person or entity, executed on a device without constant human supervision.
14.2 An Agent may access, use, or interact with Services only if it continuously identifies itself and follows section 14.4 requirements strictly. No Agent may access the Services if we have instructed it to refrain from doing so.
14.3 Nistura may limit, including through technical methods, how and whether any Agent accesses, uses, or interacts with the Services.
14.4 Agents must: (i) identify themselves as an Agent in all HTTP/HTTPS requests and include the Agent name in the user agent string as follows: "Agent/[agent name]"; (ii) not conceal or misrepresent that access or interactions originate from an Agent, including by mimicking human patterns or bypassing CAPTCHAs or human-detection measures; (iii) answer truthfully to inquiries about whether interactions are from humans or computers; (iv) not bypass or circumvent measures designed to restrict or control Agent access to the Services.

SECTION 15 - AGREEMENT TERMINATION
Nistura may end this agreement or your Services access (in whole or part) at our sole discretion without notice. You remain responsible for all amounts owed through the termination date.
The following provisions survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any provisions that logically must continue after termination.

SECTION 16 - WARRANTY DISCLAIMERS
Information presented on the Services is provided solely for general reference. We do not guarantee its accuracy, completeness, or usefulness. Any reliance you place on this information is entirely your own risk. Nistura disclaims all responsibility and liability arising from reliance on such materials by you, other visitors, or those informed of such content.
EXCEPT AS EXPRESSLY PROVIDED BY NISTURA, THE SERVICES AND ALL PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES, REPRESENTATIONS, OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT YOUR SERVICE USE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS PROHIBIT OR LIMIT IMPLIED WARRANTY DISCLAIMERS, SO THIS DISCLAIMER MAY NOT APPLY IN YOUR AREA.

SECTION 17 - LIABILITY LIMITS
TO THE MAXIMUM EXTENT ALLOWED BY LAW, NISTURA, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, AND LICENSORS, AND SHOPIFY AND ITS AFFILIATES, ARE NOT LIABLE FOR ANY INJURY, LOSS, CLAIM, OR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, DATA LOSS, REPLACEMENT COSTS, OR SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS PURCHASED, OR ANY RELATED CLAIM, INCLUDING ERRORS OR OMISSIONS IN CONTENT, OR ANY LOSS OR DAMAGE FROM THE SERVICES OR ANY CONTENT OR PRODUCT, EVEN IF WARNED OF SUCH POSSIBILITY.

SECTION 18 - INDEMNITY
You agree to defend, indemnify, and hold harmless Nistura, Shopify, and their affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, and claims, including reasonable attorney fees, owed to third parties and arising from (1) your breach of these Terms or incorporated documents, (2) your violation of law or third-party rights, or (3) your access and use of the Services.
Nistura will inform you of any indemnifiable claim, though failure to promptly notify will not eliminate your obligations unless you suffer material prejudice. Nistura may control the defense and settlement at your cost, including counsel selection, but will not settle claims requiring non-monetary obligations without your consent (not to be unreasonably withheld). You will support the defense, including providing relevant documents.

SECTION 19 - SEVERABILITY
If any Terms provision is found unlawful, void, or unenforceable, that provision remains enforceable to the fullest extent permitted by law, and the unenforceable portion is severed from these Terms without affecting other provisions' validity and enforceability.

SECTION 20 - ENTIRE AGREEMENT AND WAIVER
Nistura's failure to exercise or enforce any right or provision does not constitute a waiver of that right or provision.
These Terms of Service, along with any policies or operating rules we post regarding the Service, constitute the complete agreement between you and Nistura governing your Service use and supersede all prior and simultaneous agreements, communications, and proposals, whether oral or written (including prior Terms versions).
Any interpretation ambiguities in these Terms will not be read against the drafting party.

SECTION 21 - ASSIGNMENT RESTRICTIONS
You cannot delegate, transfer, or assign this Agreement or your rights or obligations without our prior written consent, and any attempted assignment is null and void. Nistura may transfer, assign, or delegate these Terms and our rights and obligations without notifying or seeking your consent.

SECTION 22 - GOVERNING JURISDICTION
These Terms and separate agreements providing Services shall be interpreted under the laws applicable in the federal and state or territorial jurisdiction where Nistura is headquartered. Both you and Nistura agree to jurisdiction and personal venue in such courts.

SECTION 23 - HEADING FUNCTION
Headings in this agreement appear for reference only and do not constrain or affect the Terms' interpretation.

SECTION 24 - TERM UPDATES AND MODIFICATIONS
The current Terms of Service version is always available on this page.
Nistura may update, modify, or change any Terms portion at our sole discretion by posting revisions to our website. Checking our site regularly for updates is your responsibility. Material changes to these Terms will be announced in compliance with applicable law, effective on the notice date. By continuing to use the Services after any Terms changes are posted, you accept those modifications.

SECTION 25 - SUPPORT CONTACT
For questions regarding the Terms of Service, contact us at contact@nistura.com