Terms of service
Here is a cleanly rewritten version of your Terms of Service with the same content and meaning, but using different wording and improved clarity/flow while keeping the original legal intent intact:
OVERVIEW
Welcome to Pulse Apparel! In these Terms of Service, the words “we,” “us,” and “our” refer to Pulse Apparel. We operate this online store and website, along with all related content, features, tools, products, and services (collectively referred to as the “Services”) to offer you a curated shopping experience.
These Terms of Service, together with any policies referenced in them, outline your rights and responsibilities when using our Services. Please read them carefully, as they contain important information regarding your legal rights, including warranty disclaimers and limitations of liability.
By visiting, browsing, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree with these Terms or our Privacy Policy, please do not access or use our Services.
SECTION 1 – ACCESS AND ACCOUNT
By accepting these Terms of Service, you confirm that you are at least the legal age of majority in your state or province of residence, and that you have obtained consent for any minor dependents under your care to use the Services on devices you own, control, or manage.
To access or use the Services—including browsing our store or making purchases—you may need to provide certain personal details such as your email address, billing information, payment details, and shipping address. You represent and warrant that all information you provide is accurate, current, and complete, and that you have the legal right to supply such information.
You are fully responsible for keeping your account credentials secure and for all activities that occur under your account. You may not transfer, sell, assign, or license your account to anyone else.
SECTION 2 – OUR PRODUCTS
We strive to display our products and services as accurately as possible. However, the actual colors and appearance of items may vary from what you see on your screen due to differences in device types, display settings, and configurations.
We do not guarantee that the appearance or quality of any product or service you purchase will exactly match the images or descriptions shown in our store.
Product descriptions may be updated or changed at any time without prior notice, at our sole discretion. We also reserve the right to discontinue any product, or to limit the quantity available to any customer, geographic region, or jurisdiction as we see fit.
SECTION 3 – ORDERS
Placing an order with us constitutes an offer to purchase. Pulse Apparel reserves the right to accept or reject any order for any reason. Your order is not considered accepted until we confirm it and successfully process your payment. Please review your order carefully before submission, as we may not be able to cancel or modify it once accepted.
If we decline, modify, or cancel your order, we will make reasonable efforts to notify you using the email, billing address, or phone number you provided.
All purchases are subject to our Refund Policy [LINK].
You represent and warrant that your purchases are intended solely for personal or household use and not for commercial resale or export.
SECTION 4 – PRICES AND BILLING
All prices, discounts, and promotional offers are subject to change without notice. The price you pay will be the price displayed and confirmed at the time your order is placed.
Unless otherwise clearly stated, posted prices do not include taxes, shipping, handling, customs duties, or import fees.
Prices shown on our website may differ from those in our physical stores or other third-party retailers. Promotions may have their own separate terms; in case of conflict, the promotion terms will take precedence.
You agree to provide accurate, complete, and up-to-date payment and account information. You must promptly update any changes to your details (such as email address or credit card expiration) to ensure successful transactions.
You represent and warrant that: (i) the payment information you provide is accurate and complete, (ii) you are authorized to use the payment method, (iii) charges will be honored by your payment provider, and (iv) you will pay all applicable charges, including shipping, handling, and taxes.
SECTION 5 – SHIPPING AND DELIVERY
We are not responsible for any shipping or delivery delays. All estimated delivery times are approximations only and are not guaranteed. We are not liable for delays caused by shipping carriers, customs authorities, or any events beyond our reasonable control.
Once products are handed over to the carrier, ownership and risk of loss transfer to you.
SECTION 6 – INTELLECTUAL PROPERTY
All content on our Services—including trademarks, brand names, text, images, graphics, product reviews, videos, audio, and the overall design, layout, and selection—is owned by Pulse Apparel, its affiliates, or its licensors, and is protected by applicable U.S. and international intellectual property laws.
These Terms allow you to use the Services only for your personal, non-commercial purposes. You may not copy, reproduce, modify, distribute, publicly display, republish, download, store, or transmit any material from the Services without our prior written consent.
Nothing in these Terms grants you any license or rights to our (or third parties’) patents, trademarks, copyrights, or other intellectual property. Unauthorized use may violate federal, state, or international laws. All rights not expressly granted are reserved by Pulse Apparel.
Our names, logos, product names, designs, and slogans are trademarks of Pulse Apparel or its licensors. You may not use them without our prior written permission. Shopify’s trademarks belong to Shopify, and all other trademarks belong to their respective owners.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools as part of the Services. We do not monitor, control, or endorse these tools.
You acknowledge that such third-party tools are provided “as is” and “as available” without any warranties or representations from us. We accept no liability arising from your use of these optional tools.
Your use of any third-party tools is entirely at your own risk. You should review and accept the terms provided by the relevant third-party provider before using them.
Any new features or tools we add to the Services in the future will also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Our Services may include links or embedded content from third-party websites. We are not responsible for reviewing or evaluating the accuracy or content of any third-party materials or websites.
If you choose to access third-party sites or materials, you do so at your own risk. We are not liable for any harm, damages, or issues arising from your use of or transactions with any third-party websites, products, or services.
Please carefully review the policies and practices of any third party before engaging with them. Any questions or concerns regarding third-party offerings should be directed to them directly.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
Pulse Apparel is powered by Shopify, which enables us to offer the Services to you. However, all sales and purchases are made directly between you and Pulse Apparel. By using the Services, you acknowledge and agree that Shopify has no responsibility or liability for any aspect of the transactions between you and Pulse Apparel, including any injury, damage, or loss related to the products or services you purchase.
You expressly release Shopify and its affiliates from any and all claims, damages, or liabilities arising from your purchases or interactions with Pulse Apparel.
SECTION 10 – PRIVACY POLICY
All personal information collected through the Services is handled in accordance with our Privacy Policy [LINK] and, where applicable, Shopify’s Privacy Policy. By using the Services, you confirm that you have read and understand these privacy policies.
Since the Services are hosted by Shopify, Shopify collects and processes certain personal information to provide and improve the Services. Your information may be transferred to and processed by Shopify and its partners in countries other than your own. Please review our Privacy Policy [LINK] for details on how we, Shopify, and our partners handle your data.
SECTION 11 – FEEDBACK
If you submit any ideas, suggestions, feedback, reviews, proposals, or other content (“Feedback”), you grant us a perpetual, worldwide, royalty-free, sublicensable license to use, reproduce, modify, publish, distribute, and display that Feedback for any purpose, including commercial purposes and to improve or promote the Services.
You represent and warrant that: (i) you own or have the necessary rights to the Feedback, (ii) you have disclosed any compensation or incentives related to your submission, and (iii) your Feedback complies with these Terms.
We are under no obligation to keep your Feedback confidential, pay you for it, or respond to it. We may monitor, edit, or remove any Feedback that we determine, in our sole discretion, is unlawful, offensive, or violates these Terms or the rights of others.
You agree that your Feedback will not violate any third-party rights and will not contain harmful code, viruses, or unlawful content. You are solely responsible for the accuracy and content of any Feedback you provide.
SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
From time to time, information on the Services may contain typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, shipping, or availability. We reserve the right to correct any such errors or omissions and to change or update information, or cancel orders, at any time without prior notice (even after an order has been submitted).
SECTION 13 – PROHIBITED USES
You may only use the Services for lawful purposes. You agree not to access or use the Services, directly or indirectly, for any unlawful or harmful purpose, including but not limited to:
- Violating any applicable laws or regulations
- Infringing our or others’ intellectual property rights
- Harassing, abusing, defaming, or harming any person
- Transmitting false or misleading information
- Sending spam, junk mail, or unauthorized promotional materials
- Impersonating any person or entity
- Engaging in any conduct that restricts or harms others’ use of the Services or exposes us or users to liability
You further agree not to:
- Upload or transmit viruses or malicious code
- Copy, duplicate, sell, or exploit any part of the Services
- Collect or track others’ personal information
- Use automated tools (including robots, spiders, scrapers, or AI agents) to access the Services
- Bypass or interfere with our security features
We reserve the right to suspend or terminate your access without notice if you violate any of these rules.
SECTION 14 – AGENTS
14.1 This section applies if you use, enable, or deploy any “Agent” (any software or service that acts autonomously or semi-autonomously on behalf of a person or entity) to access or interact with the Services.
14.2 No Agent may access, use, or interact with the Services unless it fully complies with the requirements in section 14.4 at all times. We may also request that an Agent cease accessing the Services.
14.3 We may restrict or block Agent access through technical measures.
14.4 Agents must: (i) clearly identify themselves in every HTTP/HTTPS request by including “Agent/[agent name]” in the user-agent string; (ii) not hide or disguise their automated nature (for example, by mimicking human behavior or bypassing CAPTCHAs); (iii) honestly answer any question about whether interactions are from a human or computer; and (iv) not circumvent any measures designed to control or limit Agent access.
SECTION 15 – TERMINATION
We may terminate these Terms, or suspend or terminate your access to the Services at any time, in our sole discretion, without notice. You remain responsible for all amounts owed 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 their nature should continue.
SECTION 16 – DISCLAIMER OF WARRANTIES
The Services and all products are provided “as is” and “as available,” without any representations or warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, durability, title, or non-infringement, except as expressly stated by Pulse Apparel.
We do not guarantee that the Services will be uninterrupted, timely, secure, or error-free. Some jurisdictions may not allow certain warranty disclaimers, so the above may not apply to you.
SECTION 17 – LIMITATION OF LIABILITY
To the maximum extent permitted by law, Pulse Apparel, our partners, directors, officers, employees, affiliates, agents, contractors, service providers, licensors, and those of Shopify and its affiliates shall not be liable for any direct, indirect, incidental, punitive, special, or consequential damages—including lost profits, lost data, or replacement costs—arising from your use of the Services or any products purchased, even if advised of the possibility of such damages.
SECTION 18 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Pulse Apparel, Shopify, and our respective affiliates, officers, directors, employees, agents, contractors, and service providers from any claims, losses, damages, liabilities, and reasonable attorney fees arising from (1) your breach of these Terms, (2) your violation of any law or third-party rights, or (3) your use of the Services.
We will notify you of any such claim (failure to notify will not relieve your obligations if you are not materially prejudiced). We may control the defense and settlement, but will not settle claims requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You agree to cooperate in the defense.
SECTION 19 – SEVERABILITY
If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision will be enforced to the maximum extent permitted by law, and the remaining provisions will remain valid and enforceable.
SECTION 20 – WAIVER; ENTIRE AGREEMENT
Our failure to enforce any right or provision does not constitute a waiver of that right or provision.
These Terms of Service, together with any policies posted on the site, constitute the entire agreement between you and us, superseding all prior agreements or communications (oral or written).
Any ambiguities in these Terms shall not be interpreted against the drafting party.
SECTION 21 – ASSIGNMENT
You may not assign, transfer, or delegate these Terms or any of your rights or obligations without our prior written consent. Any unauthorized attempt is void. We may assign, transfer, or delegate these Terms and our rights without notice or consent.
SECTION 22 – GOVERNING LAW
These Terms of Service and any related agreements shall be governed by and interpreted according to the laws of the jurisdiction where Pulse Apparel is headquartered. You and Pulse Apparel consent to the exclusive jurisdiction and venue of the federal and state or territorial courts in that location.
SECTION 23 – HEADINGS
Headings used in these Terms are for convenience only and do not affect the interpretation of the Terms.
SECTION 24 – CHANGES TO TERMS OF SERVICE
The most current version of the Terms of Service is always available on this page.
We reserve the right to update, modify, or replace any part of these Terms at any time by posting changes on our website. It is your responsibility to check for updates periodically. We will notify you of material changes as required by law. Your continued use of the Services after changes are posted constitutes your acceptance of the updated Terms.
SECTION 25 – CONTACT INFORMATION
If you have any questions about these Terms of Service, please contact us at drathbrunmeier@gmail.com.
Our contact details are as follows: [INSERT TRADING NAME] drathbrunmeier@gmail.com [INSERT BUSINESS ADDRESS] [INSERT BUSINESS PHONE NUMBER] [INSERT BUSINESS REGISTRATION NUMBER] [INSERT VAT NUMBER]