TERMS OF SERVICE

Welcome to ThermaBeam! The terms “we,” “us,” and “our” refer to ThermaBeam. ThermaBeam operates this store and website, including all information, content, features, tools, products, and related services, in order to provide you, the customer, with a personalized shopping experience (“Services”). ThermaBeam is powered by Shopify, allowing us to deliver the Services to you.

The terms and conditions below, along with any policies referenced herein (which together constitute these “Terms of Use” or “Terms”), describe your rights and responsibilities when you use the Services.

Please read these Terms of Use carefully, as they include important information about your legal rights and cover topics such as warranty exclusions and limitations of liability.

By visiting, interacting with, or using our Services, you agree to abide by these Terms of Use and our Privacy Policy [LINK]. If you do not agree with these Terms or with the Privacy Policy, you must not use or access our Services.

SECTION 1 – ACCESS & ACCOUNT

By accepting these Terms of Use, you represent that you are of legal adult age in your jurisdiction and that you have given consent for any minors under your care to use the Services on devices you own, purchase, or manage.
To use the Services—including viewing or browsing our online store or purchasing any products or services—we may require you to provide certain information, such as your email address, billing information, payment, and shipping details. You represent and warrant that all information you provide in our stores is accurate, current, and complete, and that you have the necessary rights to provide such information.
You are solely responsible for maintaining the confidentiality of your account credentials and for all activity in your account. You may not transfer, sell, assign, or license your account to another person.

SECTION 2 – OUR PRODUCTS

We have made every effort to display the products and services offered in our online stores as accurately as possible. However, please note that the colors or appearance of products may differ from how they appear on screen due to your device, display settings, or configuration.
We do not guarantee that the appearance or quality of any product or service you purchase will meet your expectations or exactly match those presented or rendered in our online store.
All product descriptions may be changed at any time, at our sole discretion, without notice. We reserve the right to discontinue any product at any time and to limit the quantities offered to any person, in any region or jurisdiction, from time to time.

SECTION 3 – ORDERS

When you place an order, you make an offer to buy. ThermaBeam reserves the right to accept or refuse your order for any reason, at its sole discretion. Your order is not accepted until ThermaBeam confirms acceptance. We must receive and process your payment before we accept the order. Please check your order carefully before submitting it—ThermaBeam may not be able to cancel requests submitted after acceptance of an order. If we do not accept, modify, or cancel your order, we will try to notify you by contacting the email, billing address, or phone number you provided at the time of purchase.
Your purchases may only be returned or exchanged in accordance with our Refund Policy [LINK].
You represent and warrant that your purchases are for personal or household use only, not for commercial resale or export.

SECTION 4 – PRICING & BILLING

Prices, discounts, and promotions may change without prior notice. The price charged for a product or service will be the price in effect at the time the order is placed and stated in the order confirmation email. Unless explicitly stated otherwise, displayed prices do not include taxes, shipping, handling, customs duties, or import fees.
Prices displayed in our online stores may differ from those offered in physical stores or other online or third‑party retailers. From time to time, we may offer promotions on Services that affect pricing and are governed by terms and conditions separate from these Terms. In the event of a discrepancy between a promotion’s terms and these Terms, the promotional terms will prevail.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our stores. You further agree to promptly update your account and other information, including email address, credit card numbers, and expiration dates, so we can complete your transactions and contact you as needed.
You represent and warrant that (i) any credit card information you supply is truthful, accurate, and complete; (ii) you are authorized to use the credit card you provide for purchase; (iii) any charges to you will be honored by your credit card issuer; and (iv) you will pay the charges you incur at the posted prices, including shipping and handling fees and all applicable taxes, if any.

SECTION 5 – SHIPPING & DELIVERY

We are not responsible for delays in shipment or delivery. All delivery estimates provided are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, customs procedures, or events outside our control. Once products are transferred to the carrier, title and risk of loss pass to you.

SECTION 6 – INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, branding, text, displays, images, graphics, product reviews, videos, and audio materials, as well as their design, selection, and arrangement, are owned by ThermaBeam, its affiliates, or its licensors and are protected by U.S. and foreign intellectual property laws.
These Terms permit you to use the Services only for your personal, non‑commercial use. You may not reproduce, distribute, modify, create derivative works, publicly display, publicly perform, republish, download, store, or transmit any material from the Services without our prior written permission. Unless explicitly stated herein, nothing in these Terms grants you any license or other rights to ThermaBeam’s, Shopify’s, or any third party’s intellectual property, whether by implication, estoppel, or otherwise. Unauthorized use of the Services may violate intellectual property laws.
The names, logos, product and service names, designs, and slogans of ThermaBeam are trademarks of ThermaBeam or its affiliates or licensors. You may not use these trademarks without our prior written permission. Shopify’s names, logos, product and service names, designs, and slogans are trademarks of Shopify. All other trademarks, product names, service names, designs, and slogans on the Services belong to their respective owners.

SECTION 7 – OPTIONAL TOOLS

You may be given access to third‑party tools as part of the Services, which we neither monitor nor control and have no ability to influence.
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 will not be liable for any damages of any kind arising from your use of optional third‑party tools.
Any use you make of optional tools offered through the site is entirely at your own risk and discretion; you should ensure you are familiar with and approve the terms under which the tools are provided by the relevant third‑party provider(s).
We may also, in the future, offer new features through the Services (including new tools and resources). Such new features will likewise be subject to these Terms.

SECTION 8 – THIRD‑PARTY LINKS

The Services may contain materials and hyperlinks to third‑party sites (including embedded third‑party functionality). We do not review, and are not responsible for, the content or accuracy of materials or sites you choose to access. If you choose to leave the Services to access these third‑party materials or sites, you do so at your own risk.
We are not liable for any loss or damage arising from your accessing such third‑party sites or from purchasing or using any products, services, resources, or content from third parties. Review their policies carefully before transacting. Any claims, demands, concerns, or questions related to third‑party products or services must be directed to the respective third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

[MERCHANT NOTE: This section accurately describes Shopify’s relationship with your store and should not be removed or altered.]
ThermaBeam is powered by Shopify, enabling us to provide the Services. However, any sales and purchases you make through our Store are conducted directly between you and ThermaBeam. By using the Services, you agree and acknowledge that Shopify is not responsible for any aspect of the sales between you and ThermaBeam, including any bodily injury, damage, or loss resulting from the products or services purchased. You hereby expressly release Shopify and its affiliates from all claims, liabilities, and damages arising from your purchases and transactions at ThermaBeam.

SECTION 10 – PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK], and certain personal information may be governed by Shopify’s Privacy Policy, which can be viewed here. By using the Services, you confirm that you have read those privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes information about your access and use of the Services to provide and improve them. Information you submit through the Services may be transmitted to Shopify or third parties located in other countries than your own. See our Privacy Policy [LINK] for details on how we, Shopify, and our partners handle your data.

SECTION 11 – FEEDBACK

If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty‑free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium and for any purpose, including commercial use.
You represent and warrant that (i) you own or control all rights in the Feedback; (ii) you disclose any compensation or incentive received in connection with submitting the Feedback; and (iii) the Feedback complies with these Terms. We have no obligation to (1) keep your Feedback confidential; (2) pay you any compensation for it; or (3) respond to your Feedback.
We may, but are not obligated to, monitor, edit, or remove any Feedback we consider illegal, offensive, threatening, defamatory, libelous, pornographic, obscene, or otherwise objectionable or in violation of intellectual property or these Terms.
You confirm that your Feedback will not violate third‑party rights (copyright, trademark, privacy, publicity, or other personal or proprietary rights). You agree not to submit Feedback that is defamatory, unlawful, abusive, obscene, or contains malware. Do not use a false email address, impersonate others, or mislead us or others about the origin of your Feedback. You are solely responsible for the Feedback you provide and its accuracy. We assume no liability for Feedback posted by you or by others.

SECTION 12 – ERRORS, INACCURACIES & OMISSIONS

Occasionally, there may be information in or on the Services that includes typographical errors, inaccuracies, or omissions regarding product descriptions, prices, promotions, shipping costs, 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 and 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 may not, directly or indirectly:
(a) use the Services for any illegal or harmful purpose;
(b) violate any applicable laws, rules, regulations, or orders;
(c) violate our or others’ intellectual property rights;
(d) harass, abuse, insult, harm, defame, slander, denigrate, intimidate, or discriminate against anyone;
(e) transmit false or misleading information;
(f) upload, download, use, or reuse material that does not comply with these Terms;
(g) send or facilitate unsolicited advertising or “spam,” chain letters, or similar solicitations;
(h) impersonate any person or entity;
(i) engage in any behavior that restricts or inhibits the use of the Services by others or that, in our discretion, could harm ThermaBeam, Shopify, or users;
Additionally, you agree:
(a) not to upload or transmit viruses or malicious code;
(b) not to copy, duplicate, reproduce, sell, resell, or exploit any part of the Services;
(c) not to collect or track others’ personal information;
(d) not to use spam, phishing, redirects, robots, crawlers, or scraping;
(e) not to interfere with or circumvent the security features. We reserve the right to suspend, disable, or terminate your account at any time without notice if you violate any part of these Terms.

SECTION 14 – TERMINATION

We may terminate this agreement or your access to the Services (or any part) at our sole discretion, at any time and without notice, and you will remain liable for all amounts due until termination.
The following provisions shall survive termination: Intellectual Property, Feedback, Termination, Warranty Disclaimers, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any provisions that by their nature should persist after termination.

SECTION 15 – DISCLAIMER OF WARRANTIES

The information contained on or through the Services is provided for general informational purposes only. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance on such material is strictly at your own risk. We disclaim all liability arising from your use of or reliance on such materials.
EXCEPT AS EXPRESSLY PROVIDED BY ThermaBeam, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, OR NON‑INFRINGEMENT. We do not warrant, represent, or guarantee that your use of the Services will be uninterrupted, secure, or error‑free. Some jurisdictions do not allow the exclusion of implied warranties, so that exclusion may not apply to you.

SECTION 16 – LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL ThermaBeam, its partners, officers, directors, employees, affiliates, agents, contractors, service providers, or licensors, or Shopify or its affiliates, be liable for any direct, indirect, incidental, consequential, punitive, or special damages of any kind (including, without limitation, lost profits, lost revenues, lost savings, loss of data, replacement costs, or similar damages), arising out of or in connection with your use of the Services or any products purchased using the Services, even if advised of the possibility of such damages or losses, whether in contract, tort (including negligence), strict liability, or otherwise.

SECTION 17 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless ThermaBeam, Shopify, and their affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising from (1) your violation of these Terms or any incorporated document, (2) your breach of any law or the rights of a third party, or (3) your use of the Services.
We will notify you of any indemnification claim, provided that failure to give timely notice does not excuse your obligations, except to the extent you demonstrate prejudice. We may control the defense or settlement of such a claim at your expense, including choosing counsel, but we will not settle claims that impose non‑monetary obligations on you without your consent. You will cooperate in defending any claim, including by providing relevant documents.

SECTION 18 – SEVERABILITY

If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, that provision will be limited to the extent necessary to make it enforceable, and the remaining portions of these Terms will continue in full force and effect.

SECTION 19 – WAIVER; ENTIRE AGREEMENT

No waiver by us of any term or condition shall be deemed a further or continuing waiver of such term or any other term.
These Terms and any policies or operating rules posted by us on the site or in connection with the Services constitute the entire agreement and understanding between you and us, and supersede all prior or contemporaneous communications and proposals, whether oral or written (including previous versions of these Terms). Ambiguities will not be construed against the drafting party.

SECTION 20 – ASSIGNMENT

You may not assign, transfer, or delegate these Terms or any of your rights or obligations hereunder without our prior written consent; any attempt to do so is void. We may assign, transfer, or delegate our rights and obligations without your consent or notice.

SECTION 21 – GOVERNING LAW

These Terms and any separate agreement by which we provide you Services will be governed and construed in accordance with the laws of the jurisdiction in which ThermaBeam’s headquarters is located. You and ThermaBeam agree to submit to the exclusive jurisdiction and venue of those courts.

SECTION 22 – HEADINGS

The section titles used in these Terms are included for convenience only and will not limit or affect these Terms.

SECTION 23 – CHANGES TO TERMS OF USE

You may review the most current version of the Terms at any time on this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes on our site. It is your responsibility to check the site periodically for changes. We will notify you of significant changes as required by law, and changes will become effective at the time specified in such notification. Your continued use or access of the Services after such changes indicates your acceptance of the new Terms.

SECTION 24 – CONTACT INFORMATION

Questions about the Terms of Use should be directed to thermabeam142@gmail.com.
Our contact details are as follows:
[INSERT BUSINESS NAME]
thermabeam142@gmail.com
[INSERT BUSINESS ADDRESS]
[INSERT BUSINESS PHONE NUMBER]
[INSERT COMPANY REGISTRATION NUMBER]
[INSERT TAX ID / VAT NUMBER]