Terms of service

Terms of Service

Overview

Welcome to DAEVINE! "We," "us," and "our" refer to DAEVINE. We operate this store and website — including all related information, content, features, tools, products, and services (the "Services") — to provide you with a curated shopping experience. DAEVINE is powered by Shopify, which enables us to deliver these Services to you.

These Terms of Service ("Terms"), together with any policies referenced here, describe your rights and responsibilities when using our Services. Please read them carefully, as they include important information about your legal rights, including warranty disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms and our [Privacy Policy]. If you do not agree, please do not use or access our Services.

1. Access and Account

By agreeing to these Terms, you confirm that you are at least the age of majority in your state or province of residence, and that you consent to any minor dependents using the Services on devices you own or manage.

To use our Services — including browsing or purchasing — you may need to provide information such as your email, billing, payment, and shipping details. You confirm that all information you provide is accurate, current, and complete, and that you have the right to provide it.

You are solely responsible for keeping your account credentials secure and for all activity on your account. Accounts may not be transferred, sold, assigned, or licensed to anyone else.

2. Our Products

We strive to accurately represent our products, but colors and appearance may vary depending on your device and display settings. We do not guarantee that products will look or perform exactly as shown in our store.

Product descriptions are subject to change at any time without notice. We reserve the right to discontinue any product or limit quantities available to any person, region, or jurisdiction, at our discretion.

3. Orders

Placing an order is an offer to purchase — it is not accepted until DAEVINE confirms it, and full payment must be received and processed first. Please review your order carefully before submitting, as we may be unable to accommodate cancellations once an order is accepted. If we decline, modify, or cancel an order, we'll attempt to notify you via the email, billing address, or phone number provided at checkout.

Returns and exchanges are governed solely by our [Refund Policy]. You confirm that your purchases are for personal or household use only — not for resale or export.

4. Prices and Billing

Prices, discounts, and promotions may change without notice. You'll be charged the price in effect at the time of your order, as shown in your confirmation email. Unless stated otherwise, prices exclude taxes, shipping, handling, and customs/import fees.

Prices in our online store may differ from those in physical stores or other retail channels. Promotional terms take precedence over these Terms in case of conflict.

You agree to keep your account and payment information accurate and up to date, and confirm that:

  • The payment information you provide is true and complete
  • You're authorized to use the payment method provided
  • Charges will be honored by your card issuer
  • You will pay all charges incurred, including shipping and applicable taxes

5. Shipping and Delivery

We are not liable for shipping or delivery delays. Delivery times are estimates only and not guaranteed. We are not responsible for delays caused by carriers, customs, or events beyond our control. Once products are handed to the carrier, title and risk of loss transfer to you.

6. Intellectual Property

All content on our Services — including trademarks, text, images, graphics, reviews, video, and audio, along with their design and arrangement — is owned by DAEVINE, its affiliates, or licensors, and is protected under U.S. and international intellectual property laws.

You may use the Services for personal, non-commercial purposes only. You may not reproduce, distribute, modify, publicly display, republish, or otherwise exploit any content without our prior written consent. Nothing in these Terms grants you any license to our (or Shopify's) intellectual property beyond what's expressly stated. All rights not granted are reserved.

DAEVINE's names, logos, and branding are our trademarks (or those of our affiliates/licensors) and may not be used without written permission. Shopify's branding belongs to Shopify. All other trademarks belong to their respective owners.

7. Optional Tools

We may give you access to third-party tools that we don't monitor or control. These are provided "as is" and "as available," without warranties of any kind. We assume no liability for your use of such tools — use them at your own risk, and review the relevant third party's terms before doing so.

Any new features we introduce in the future will also be considered part of the Services and subject to these Terms.

8. Third-Party Links

Our Services may link to third-party websites. We do not review or take responsibility for their content, accuracy, or practices. If you visit third-party sites, you do so at your own risk. Any issues with third-party products or services should be directed to that third party.

9. Relationship with Shopify

DAEVINE is powered by Shopify, which enables us to deliver our Services. However, all sales and purchases are made directly with DAEVINE. Shopify is not responsible for any aspect of transactions between you and DAEVINE, including any injury, damage, or loss related to purchased products. You release Shopify and its affiliates from all claims and liabilities arising from your transactions with us.

10. Privacy Policy

Your personal information is handled according to our [Privacy Policy] and, in certain respects, Shopify's Privacy Policy. By using our Services, you acknowledge that you've read both.

Because our Services are hosted by Shopify, Shopify collects and processes information about your use of the Services in order to provide and improve them. Your information may be shared with Shopify and other third parties, potentially in other countries. See our Privacy Policy for full details.

11. Feedback

If you share ideas, suggestions, reviews, or other feedback ("Feedback") with us, you grant DAEVINE a perpetual, worldwide, royalty-free license to use, reproduce, modify, and distribute that Feedback for any purpose, including commercial use.

You confirm that:

  • You own or have rights to the Feedback you submit
  • You've disclosed any compensation received for providing it
  • It complies with these Terms

We're under no obligation to keep Feedback confidential, compensate you for it, or respond to it. We may (but aren't required to) monitor, edit, or remove Feedback we deem unlawful, offensive, or otherwise objectionable. You're solely responsible for the accuracy and legality of any Feedback you submit, and agree not to misrepresent your identity or include harmful content (e.g., malware) in it.

12. Errors, Inaccuracies, and Omissions

Our Services may occasionally contain typographical errors or inaccuracies related to pricing, product details, promotions, or availability. We reserve the right to correct these, update information, or cancel affected orders at any time, without prior notice — even after an order has been placed.

13. Prohibited Uses

You agree to use our Services only for lawful purposes. You may not use the Services to:

  • Violate any law or regulation
  • Infringe on intellectual property rights
  • Harass, defame, or harm others
  • Transmit false or misleading information
  • Send spam or unsolicited promotional content
  • Impersonate any person or entity
  • Interfere with or harm the Services, DAEVINE, Shopify, or other users

You also agree not to:

  • Upload viruses or malicious code
  • Copy, resell, or exploit any part of the Services
  • Collect others' personal information without consent
  • Use bots, scrapers, AI agents, or other automated tools to access the Services
  • Bypass or interfere with our security measures

We may suspend or terminate your account at any time, without notice, if we determine you've violated these Terms.

14. Agents

This section applies if you use any software or AI-based "Agent" (autonomous or semi-autonomous tool acting on your behalf) to access or interact with our Services.

Agents must:

  • Clearly identify themselves in all requests (e.g., include "Agent/[agent name]" in the user agent string)
  • Not disguise themselves as human users or attempt to bypass CAPTCHAs or similar verification measures
  • Respond truthfully when asked whether they are human or automated
  • Not circumvent any technical measures we use to control Agent access

We reserve the right to limit or block Agent access to our Services at any time, including by technical means.

15. Termination

We may terminate this agreement or your access to the Services at any time, without notice, at our sole discretion. You remain responsible for any amounts due up to the date of termination.

The following sections survive 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 that by nature should continue to apply.

16. Disclaimer of Warranties

Information on our Services is provided for general purposes only. We do not guarantee its accuracy, completeness, or usefulness, and any reliance on it is at your own risk.

EXCEPT AS EXPRESSLY STATED BY DAEVINE, THE SERVICES AND ALL PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND — EXPRESS OR IMPLIED — INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THESE DISCLAIMERS, SO THEY MAY NOT APPLY TO YOU.

17. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, DAEVINE, ITS PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, LICENSORS, AND SHOPIFY AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES — INCLUDING LOST PROFITS, REVENUE, SAVINGS, OR DATA — ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS PURCHASED THROUGH THEM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

18. Indemnification

You agree to indemnify and hold harmless DAEVINE, Shopify, and our respective affiliates, officers, employees, and agents from any claims, damages, or liabilities (including legal fees) arising from your breach of these Terms, violation of any law or third-party rights, or use of the Services.

We'll notify you of any such claim; failure to do so promptly won't waive your obligations unless it materially prejudices you. We may control the defense and settlement of claims at your expense, though we won't settle in a way that imposes non-monetary obligations on you without your consent.

19. Severability

If any part of these Terms is found unlawful or unenforceable, that provision will be enforced to the fullest extent permitted by law, and the remainder of the Terms will remain in effect.

20. Waiver; Entire Agreement

Our failure to enforce any part of these Terms doesn't waive our right to do so later. These Terms, along with any referenced policies, constitute the entire agreement between you and DAEVINE, superseding any prior agreements or communications. Ambiguities will not be construed against the drafting party.

21. Assignment

You may not transfer or assign your rights or obligations under these Terms without our prior written consent. We may assign or transfer these Terms without notice or consent.

22. Governing Law

These Terms are governed by the laws of the jurisdiction where DAEVINE is headquartered. You consent to the jurisdiction and venue of the courts located there.

23. Headings

Section headings are for convenience only and do not affect the interpretation of these Terms.

24. Changes to These Terms

We may update these Terms at any time by posting changes to our website. It's your responsibility to review them periodically. We'll notify you of material changes as required by law, and continued use of our Services after changes take effect constitutes your acceptance of the updated Terms.

25. Contact Us

Questions about these Terms? Reach out to us:

📧 Email: support@daevine.com
📍 Addresses: 30 N Gould St Ste N, Sheridan, WY 82801