Terms of service

TERMS OF SERVICE

OVERVIEW Welcome to Architeuthis Studio! The terms "we", "us" and "our" refer to Architeuthis Studio. Architeuthis Studio operates this store and website, including all associated information, content, features, tools, products and services, to provide you, as a customer, with a personalised shopping experience (the "Services"). Architeuthis Studio uses the Shopify platform, which enables us to offer you the Services. The terms and conditions below, along with the policies referenced therein (the "Terms of Service" or "ToS"), 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 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 accept these Terms of Service or the Privacy Policy, you must not use or access our Services.

ARTICLE 1 – ACCESS AND ACCOUNT By accepting these Terms of Service, you represent that you have reached the age of legal majority in your state or province of residence and give us your consent to allow your minor children to use the Services on devices you own, purchase or manage. To use the Services, including to access or browse our online stores or to purchase any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment and delivery information. You represent and warrant that all information you provide in our stores is accurate, current and complete, and that you have all necessary rights to communicate such information. You are solely responsible for the security of your account credentials and any activity related to your account. You are not permitted to transfer, sell, assign or sublicense your account to another person.

ARTICLE 2 – OUR PRODUCTS We have made every effort to accurately represent our products and services in our online stores. Please note, however, that colours or the appearance of products may differ from what is displayed on your screen due to the type of device you use to access the store, as well as its settings and configuration. We do not guarantee that the appearance or quality of products or services you have purchased will meet your expectations or be identical to what is presented or rendered in our online stores. All product descriptions are subject to change at any time, without notice, at our sole discretion. We reserve the right to withdraw any product from sale at any time and may limit the quantities of products we offer to a person, geographic area or jurisdiction, on a case-by-case basis.

ARTICLE 3 – ORDERS When you place an order, you are making an offer to purchase. Architeuthis Studio reserves the right to accept or refuse your order, for any reason, at its discretion. Your order is only considered accepted after written confirmation from Architeuthis Studio. We must receive and process your payment before your order is validated. Please review your order carefully before submitting it, as Architeuthis Studio may not be able to accept cancellation requests once the order is confirmed. In the event of refusal, modification or cancellation of your order, we will attempt to contact you using the email address, billing address and/or phone number provided at the time of ordering. Your purchases are subject to the return or exchange conditions set out in our Refund Policy [LINK]. You represent and warrant that your purchases are for personal or domestic use, and not for commercial resale or export.

ARTICLE 4 – PRICING AND BILLING 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 of the order and will be stated in your order confirmation email. Unless expressly stated otherwise, displayed prices do not include taxes, shipping fees, handling fees, customs duties or import charges. Prices displayed in our online stores may differ from those offered in our physical stores or on other online platforms operated by third parties. We may, from time to time, offer promotions on our Services that may affect prices and are governed by separate terms and conditions. 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 in our stores. You agree to promptly update your information, including your email address, credit card numbers and expiry dates, so that we can complete your transactions and contact you as necessary. You represent and warrant that: (i) the credit card information you provide is accurate, correct and complete; (ii) you are authorised to use that card for the purchase; (iii) charges incurred will be honoured by your card-issuing company; and (iv) you will pay the charges incurred at the prices displayed, including shipping and handling fees, as well as all applicable taxes.

ARTICLE 5 – SHIPPING AND DELIVERY We cannot be held responsible for shipping or delivery delays. All delivery times stated are estimates and are not guaranteed. We disclaim all liability for delays caused by carriers, customs formalities or any event beyond our control. Once products are handed over to the carrier, ownership and risk of loss are transferred to you.

ARTICLE 6 – INTELLECTUAL PROPERTY Our Services, including without limitation all registered trademarks, marks, texts, displays, images, graphics, product reviews, videos and audio content, as well as their design, selection and arrangement, are the exclusive property of Architeuthis Studio, its subsidiaries or its licensors. They are protected by domestic and foreign patent, copyright and intellectual property laws. These Terms authorise you to use the Services solely for personal, non-commercial purposes. You are not permitted to 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. Unless expressly stated otherwise in these Terms, nothing shall be construed as granting you a licence or any other right to any patent, trademark, copyright or other intellectual property of Architeuthis Studio, Shopify or any third party. Any unauthorised use of the Services may constitute a violation of federal and state intellectual property laws. All rights not expressly granted in these Terms are reserved by Architeuthis Studio.

ARTICLE 7 – OPTIONAL TOOLS You may have access to third-party customer tools provided as part of the Services, which we do not monitor and over which we have no control or ability to contribute. You acknowledge and agree that we provide access to such tools "as is" and "as available", without any warranty, representation or condition of any kind, and without any endorsement on our part. We disclaim all liability arising from or related to your use of optional third-party tools. Use of optional tools offered on the site is entirely at your own risk and discretion. It is your responsibility to ensure that you are familiar with and agree to the terms applicable to those tools, as defined by the relevant third-party provider(s).

ARTICLE 8 – THIRD-PARTY LINKS The Services may contain materials and hyperlinks to websites provided or operated by third parties (including embedded third-party features). We are not responsible for reviewing or evaluating the content or accuracy of third-party materials or websites you choose to access. If you decide to leave the Services to access such third-party materials or sites, you do so at your own risk.

ARTICLE 9 – RELATIONSHIP WITH SHOPIFY [MERCHANT NOTE: this section accurately describes the relationship between Shopify and your store and must not be removed or modified.] Architeuthis Studio is powered by Shopify, which enables us to offer you the Services. However, any sale or purchase made in our Store is made directly with Architeuthis Studio. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and Architeuthis Studio, including any damage, loss or harm resulting from products or services purchased. You hereby expressly release Shopify and its affiliates from any claims, damages and liability arising from or related to your purchase and transaction with Architeuthis Studio.

ARTICLE 10 – PRIVACY POLICY All personal information we collect through the Services is subject to our Privacy Policy, available here [LINK], and certain personal information may also be subject to Shopify's Privacy Policy, available here. By using the Services, you acknowledge having read these privacy policies.

ARTICLE 11 – FEEDBACK If you submit, upload, post, email or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans or any other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, non-exclusive licence to use, reproduce, modify, publish, distribute and display such Feedback for any purpose, including commercial purposes.

ARTICLE 12 – ERRORS, INACCURACIES AND OMISSIONS The Services may occasionally contain typographical errors, inaccuracies or omissions relating to product descriptions, prices, promotions, offers, shipping fees, transit times or product availability. We reserve the right to correct any error, inaccuracy or omission, and to modify or update information or cancel orders where information is inaccurate, at any time and without notice (including after your order has been submitted).

ARTICLE 13 – PROHIBITED USES You may only access and use the Services for lawful purposes. You are strictly prohibited from accessing or using the Services, directly or indirectly: (a) for unlawful or malicious purposes; (b) in violation of any international, federal, provincial, state or local regulation, rule or law; (c) in a manner that infringes the intellectual property rights of Architeuthis Studio, Shopify or third parties; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate against any of our employees or any other person; (e) to transmit false or misleading information; (f) to upload or transmit viruses or any other malicious code; (g) to collect or track the personal information of others; (h) to impersonate any person or entity.

ARTICLE 14 – AGENTS 14.1 This section ("Agent Terms") applies if you use, authorise, enable or cause the deployment of an Agent to access, use or interact with the Services. An "Agent" means any software or service acting autonomously or semi-autonomously on behalf of or at the direction of a person or entity, which may run on a device owned or used by a person without direct supervision. 14.2 No Agent may access, use or interact with the Services unless it continuously identifies itself and operates in strict compliance with the conditions set out in section 14.4 below. 14.3 We may limit, including by technical means, the ability and manner in which an Agent accesses, uses and interacts with the Services. 14.4 Agents must: (i) in all HTTP/HTTPS requests, indicate that the request originates from an Agent and disclose the Agent's name by including the following in the user agent string: "Agent/[agent name]"; (ii) not conceal or obscure the fact that access, use or interactions originate from an Agent; (iii) honestly respond to any question or prompt seeking to determine whether interactions originate from a human or a computer; (iv) not circumvent or avoid any measure intended to block, limit, modify or control Agent access, use or interactions with the Services.

ARTICLE 15 – TERMINATION We reserve the right to terminate this agreement or your access to the Services (or any part thereof), at our sole discretion, at any time and without notice. You will remain liable for all amounts due up to and including the date of termination.

ARTICLE 16 – DISCLAIMER OF WARRANTIES THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THEM ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY WARRANTY, REPRESENTATION OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, 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.

ARTICLE 17 – LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ARCHITEUTHIS STUDIO, OUR PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, NOR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOSS OF PROFITS, REVENUE, SAVINGS OR DATA, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS OBTAINED THROUGH THE SERVICES.

ARTICLE 18 – INDEMNIFICATION You agree to indemnify, defend and hold harmless Architeuthis Studio, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from any loss, damage, liability or claim, including reasonable legal fees, made by any third party arising from (1) your breach of these Terms of Service, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.

ARTICLES 19–20 – SEVERABILITY; WAIVER; ENTIRE AGREEMENT If any provision of these Terms is found to be unlawful, void or unenforceable, it shall remain enforceable to the maximum extent permitted by law, and the unenforceable portion shall be deemed severed. Failure to exercise any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms, together with any policies or rules of operation published by us, constitute the entire agreement between you and us and govern your use of the Services.