Terms of service

OVERVIEW
Welcome to Nivio! “Nivio,” “we,” “us,” and “our” refer to Everastead LLC operating the Nivio brand and the online store at niviocare.com and related apps and services (the “Services”). Our store is powered by Shopify. These Terms of Service (the “Terms”), together with any policies referenced here (Privacy Policy, Refund & Returns Policy, Shipping Policy, Preorder Policy, Safe Use Guidelines, Telehealth Consent, and others posted on the Site), describe your rights and responsibilities when you use the Services.
By visiting, interacting with, or using the Services, you agree to these Terms and our Privacy Policy [LINK]. If you don’t agree, do not use the Services.

SECTION 1 – ACCESS AND ACCOUNT
You represent you are at least the age of majority where you live, and consent to supervised use for any minor in your care. Provide accurate information and keep your credentials secure. You’re responsible for activity on your account. No account transfers, sales, or sublicenses.

SECTION 2 – OUR PRODUCTS
We aim for accuracy, but colors, finishes, and appearance can vary by device. Descriptions and availability may change without notice. We may discontinue or limit products/quantities by person, region, or jurisdiction.

SECTION 3 – ORDERS (INCLUDING PREORDERS)
When you place an order, you’re making an offer to purchase. We may accept or decline at our discretion; acceptance occurs when we confirm we’ve accepted and processed payment.

  • Preorders. For preorder items, your card is charged at checkout to reserve inventory. You may cancel any time before shipment for a full refund to the original payment method. We’ll publish and email an estimated shipping window and notify you if it materially changes. See our Preorder Policy [LINK].

  • Changes/Cancellations by Nivio. We may correct errors (including pricing), limit quantities, or cancel orders we can’t fulfill (with a refund).

  • Personal use only. You confirm purchases are for personal/household use, not resale or export.
    Returns and exchanges are governed solely by our Refund & Returns Policy [LINK].

SECTION 4 – PRICES AND BILLING
Prices/promotions may change without notice. Posted prices exclude taxes, shipping, handling, customs and import charges unless stated. You agree to keep your purchase, payment, and contact info current. You represent you’re authorized to use the payment method and will pay all amounts due.

SECTION 5 – SHIPPING AND DELIVERY
Delivery times are estimates and not guarantees. We’re not liable for carrier delays, customs processing, or events outside our control. Title and risk of loss pass when the carrier accepts the shipment. See our Shipping Policy [LINK].

SECTION 6 – INTELLECTUAL PROPERTY
The Services (including text, images, graphics, video, audio, and their selection/arrangement) are owned by Nivio or our licensors and protected by law. Use is limited to personal, non‑commercial purposes. No license is granted except as expressly stated. All rights reserved.

SECTION 7 – OPTIONAL TOOLS
Any third‑party tools we surface are provided “as is” and “as available” without warranties or endorsement. Your use is at your own discretion and subject to those providers’ terms.

SECTION 8 – THIRD‑PARTY LINKS
Links or embedded third‑party functionality are for convenience only. We don’t control or endorse third‑party sites, content, or purchases. Review their terms before transacting.

SECTION 9 – RELATIONSHIP WITH SHOPIFY
[Leave in place—accurately describes Shopify’s role.]
Nivio is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Nivio. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Nivio, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Nivio.

SECTION 10 – PRIVACY POLICY
Your information is handled under our Privacy Policy [LINK], and some data is processed by Shopify and its partners to host and operate the Services. See the Privacy Policy for how we, Shopify, and our providers collect/use/share data and how to exercise your rights (including “Do Not Sell/Share” where applicable).

SECTION 11 – FEEDBACK
By submitting ideas, suggestions, reviews, or other content, you grant us a perpetual, worldwide, sublicensable, royalty‑free license to use, reproduce, modify, publish, distribute, and display it for any lawful purpose. You represent you own/hold rights to your submission and it complies with law and these Terms.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
We may correct errors or update information at any time without notice, including after you place an order. If a correction affects your order, we may contact you or cancel and refund.

SECTION 13 – PROHIBITED USES
No unlawful, infringing, harassing, deceptive, harmful, or abusive conduct; no malware; no spam/scraping; no interference with security or operation; no unauthorized access. We may suspend or terminate for violations.

SECTION 14 – TERMINATION
We may suspend or terminate your access at any time. Sections that by their nature should survive (e.g., IP, Feedback, Disclaimers, Limitation of Liability, Indemnification, Dispute Resolution, Governing Law) survive termination.

SECTION 15 – DISCLAIMER OF WARRANTIES
EXCEPT AS EXPRESSLY STATED IN A WRITTEN WARRANTY, THE SERVICES AND ALL PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON‑INFRINGEMENT. We don’t warrant uninterrupted or error‑free operation.

SECTION 16 – LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER Nivio NOR OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS ARE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; OR FOR LOST PROFITS/REVENUE/GOODWILL/DATA; ARISING OUT OF OR RELATED TO THE SERVICES OR PRODUCTS, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL LIABILITY WILL NOT EXCEED THE AMOUNT YOU PAID FOR THE PRODUCT OR SERVICE THAT GAVE RISE TO THE CLAIM.

SECTION 17 – INDEMNIFICATION
You agree to indemnify Nivio, Shopify, and our affiliates, officers, directors, employees, agents, contractors, licensors, and service providers for losses/claims (including attorneys’ fees) arising from your breach of these Terms, violation of law/third‑party rights, or misuse of the Services.

SECTION 18 – SEVERABILITY
If any provision is unlawful, void, or unenforceable, it will be enforced to the maximum extent permitted and the remainder remains in effect.

SECTION 19 – WAIVER; ENTIRE AGREEMENT
A failure to enforce a right is not a waiver. These Terms plus referenced policies are the entire agreement and supersede prior or contemporaneous understandings.

SECTION 20 – ASSIGNMENT
You may not assign or transfer these Terms without our prior written consent. We may assign or transfer without restriction.

SECTION 21 – GOVERNING LAW
Nevada law governs, without regard to conflict‑of‑law rules. Venue for any court action allowed under Section 26 will lie in Clark County, Nevada (state courts) or the U.S. District Court for the District of Nevada.

SECTION 22 – HEADINGS
Headings are for convenience only and don’t affect interpretation.

SECTION 23 – CHANGES TO TERMS OF SERVICE
We may update these Terms by posting a revised version with a new “Last updated” date. If we make material changes, we’ll notify you as required by law. Continued use after the effective date means you accept the changes.

SECTION 24 – CONTACT INFORMATION
Questions about the Terms: info@niviocare.com
Operator: Everastead LLC (brand “Nivio”).
Note: Returns require an RMA—do not ship products to a registered‑agent address.

SECTION 25 – NO MEDICAL ADVICE; TELEHEALTH SERVICES
The Services (including site/app content) are for information only and not a substitute for in‑person evaluation. In an emergency, call 911. Telehealth consults available via the Services are delivered by independent, U.S.‑licensed clinicians who are solely responsible for care. Use of telehealth is subject to our Telehealth Consent [LINK] and may be unavailable in some states. Nivio is not a medical practice or an insurer; a prescription is not guaranteed.

SECTION 26 – DISPUTE RESOLUTION; ARBITRATION; CLASS‑ACTION WAIVER
(a) Informal resolution. Before filing a claim, email info@niviocare.com with “Dispute” in the subject line and a brief description. If unresolved after 30 days, either party may start arbitration.
(b) Binding arbitration. Except for (i) individual small‑claims actions and (ii) claims seeking injunctive relief for IP misuse, all disputes arising out of or relating to these Terms or the Services will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. Arbitration may be remote by video or held in Clark County, Nevada.
(c) Class‑action waiver. Claims must be brought individually, not as plaintiff or class member in any class, collective, or representative action.
(d) 30‑day opt‑out. You may opt out of arbitration and the class‑action waiver within 30 days of first accepting these Terms by emailing info@niviocare.com with subject “Arbitration Opt‑Out,” your name, and the email associated with your account. Opting out won’t affect your ability to use the Services.
(e) FAA & severability. The Federal Arbitration Act governs this section. If the class‑action waiver is found unenforceable, this entire Section 26 is void and disputes will be litigated in the courts specified in Section 21.