Terms of service

TERMS OF SERVICE

Welcome to AURA SLEEP. The terms “we”, “us”, and “our” refer to AURA SLEEP. AURA SLEEP operates this store and website, including all information, content, features, tools, products, and related services on Orders to provide you, the customer, with a personalized shopping experience (the “Services”). AURA SLEEP is powered by Shopify, which allows us to provide these services to you.

The terms and conditions below, along with any policies referenced herein (these “Terms of Service” or “Terms”), outline your rights and responsibilities when using the Services.

Please read these Terms of Service carefully, as they include important information regarding 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 [LINK]. If you do not agree to these Terms of Service or the Privacy Policy, you must 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 the device you own, purchase, or manage.

To use the Services, including accessing or browsing our Online Store or purchasing any products, you need to be aware that the Online Store is the venue of choice.

To purchase the products or services we offer, you may be required to provide certain information, such as your email address, financial, payment, and shipping details. You represent and warrant that all information provided to our store is accurate, current, and complete, and that you possess all necessary rights to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all activity occurring 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 as accurately as possible the colors and appearances of our products and services in our online store. However, please note that product colors or appearances may differ from how they appear on your screen due to the type of device you use to access the store and your device's settings.

We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or will exactly match those presented or displayed 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 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. Our store reserves the right to accept or decline your orders for any reason, at its sole discretion. Your order will not be accepted until our store confirms acceptance. We must receive and process your payment before your order is accepted. Please review your orders carefully before submitting them, as our store may be unable to accommodate cancellation requests after the order has been accepted. If we reject, 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 eligible for return or exchange exclusively in accordance with our Refund Policy [LINK].

You represent and warrant that your purchases are intended for your personal or household use only and not for commercial resale or export.

SECTION 4 - PRICING AND FINANCIALS

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, displayed prices do not include taxes, shipping, handling, customs fees, or import duties.

Prices displayed on our Online Store may differ from prices offered in physical stores, other online shops, or other stores operated by third parties. From time to time, we may offer promotions on the Services that may affect pricing and are governed by separate terms and conditions from these Terms. In the event of a conflict between the terms of a promotion and these Terms, the promotion terms will prevail.

 

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made at our stores. 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 the charges 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 shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not liable for delays caused by the carrier, customs processing, or events beyond our control. Once we transfer 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 their design, selection, and arrangement—are owned by AURA SLEEP, its affiliates, or licensors, and are protected by US and foreign patents, copyrights, and other intellectual property laws.

These Terms permit you to use the Services 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 material from the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or should be construed as granting you a license or any other rights under any patent, trademark, copyright, or other intellectual property of AURA SLEEP, 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 AURA SLEEP.

The names, logo, product and service names, designs, and slogans of AURA SLEEP are trademarks of AURA SLEEP or its affiliates or licensors. You must not use such trademarks without the prior written authorization of AURA SLEEP. The name, logo, product and service names, designs, and slogans of Shopify are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans present on the Services are the trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS

You may be provided with access to third-party customer tools as part of the Services, which we do not monitor, control, or have any influence over.

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 Services (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 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 these third-party materials or websites, you do so entirely at your own risk.

 

We are not liable for any harm or damages related to your access to any third-party website, or to the purchase or use of goods, services, resources, or content 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

AURA SLEEP is built using Shopify technology, which allows us to provide the Services to you. However, all sales and purchases you make in our store are made directly with AURA SLEEP. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and AURA SLEEP, 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 out of or related to your purchase and transaction with AURA SLEEP.

SECTION 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed [LINK], and certain personal information may be subject to Shopify's Privacy Policy, which can be viewed [LINK]. 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 regarding 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 to and shared with Shopify, as well as 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. Please review our Privacy Policy [LINK] for more details on how we, Shopify, and our partners use your personal information.

SECTION 11 - FEEDBACK

If you send, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, and 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:

  1. You own or have all necessary rights to all comments;

  2. You have disclosed any compensation or incentives received in connection with submitting your comments; and

  3. Your comments will comply with these Terms.

We are and shall be 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 feedback 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 libelous 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 Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead Shopify 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 the Services that contains typographical errors, inaccuracies, or omissions that may relate 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 (including after you have submitted your order).

 

SECTION 13 - PROHIBITED USES

You may access and use the Services only for lawful purposes. You are prohibited from accessing or using the Services, directly or indirectly:

  • (a) for any unlawful or malicious purpose;

  • (b) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances;

     

  • (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;

     

  • (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against any of our employees or any other person;

     

  • (e) to submit 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 procure 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 anyone’s use or enjoyment of the Services, or which, as determined by us, may harm AURA SLEEP, Shopify, or users of the Services, or expose them to liability.

     

Additionally, you agree not to:

  • (a) 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 Services;

  • (b) reproduce, duplicate, copy, crawl, sell, resell, or exploit any portion of the Services;

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

  • (d) spam, phish, pharm, or pretext to access the Services;

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

  • (f) interfere with, bypass, or circumvent the security features, authorization protocols, robot exclusion headers, or other measures we employ to restrict access to the Services.

We reserve the right to suspend, deactivate, or terminate your account at any time without notice if we determine 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 may run on behalf of, or utilizing a person's device, without direct supervision.

14.2 No Agent may access, use, or interact with the Services unless it, at all times, identifies itself and operates in strict compliance with the requirements of Section 14.4 below. Furthermore, no Agent may access, use, or interact with the Services if we have requested that the Agent refrain from doing so.

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 name of the agent by including the following in the user-agent string of the request: "Agent/[agent name]";

  • (ii) not hide 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 CAPTCHAs or measures designed 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 bypass or otherwise circumvent any measure designed to block, limit, modify, or control if 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 will continue to apply after any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; 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 on or through the Services is made available solely for general information 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. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.

EXCEPT AS EXPRESSLY STATED BY AURA SLEEP, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES 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 WARRANT, REPRESENT, OR GUARANTEE THAT YOUR USE OF OUR SERVICE 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 AURA SLEEP, 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 PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT. THIS INCLUDES, BUT IS 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 VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

 

SECTION 18 - INDENMNIFICATION

You agree to indemnify, defend, and hold harmless AURA SLEEP, Shopify, and our affiliates, partners, directors, employees, agents, contractors, licensors, and service providers from 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 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, though a failure to notify you promptly 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 choice of counsel, but we will not settle any claim that requires non-monetary obligations from you without your consent (which shall not be unreasonably withheld). You must cooperate in the defense of indemnifiable claims, 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 or delay 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 contract 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 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 federal and state or territorial courts in the jurisdiction where our store has its headquarters. You and AURA SLEEP agree to the venue and personal jurisdiction of those 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 in accordance with applicable law, and such changes will take effect 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.

 

SECTION 25 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at legal@aurasleep.website.

Our contact information is detailed below: Customer Support

support@aurasleep.website

AURA SLEEP