TERMS OF SERVICE

OVERVIEW

Welcome to BioHabitat! The terms "we," "us," and "our" refer to BioHabitat. BioHabitat operates this store and website, including all related information, content, features, tools, products, and services, in order to offer you, as a customer, a personalized shopping experience (the "Services"). BioHabitat uses the Shopify platform, which enables us to provide you with the Services.

The terms and conditions below, along with the policies referenced herein (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 disclaimers of warranties 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 agree to 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 you give us your consent to authorize your minor children to use the Services on devices you own, purchase, or manage.

To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be required to provide certain information, such as your email address, billing, payment, and shipping 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 provide such information.

You are solely responsible for the security of your account credentials and for any activity related to your account. You are not permitted to transfer, sell, assign, or license your account to another person.

ARTICLE 2 – OUR PRODUCTS

We have made every effort to accurately present our products and services in our online stores. Please note, however, that the colors or 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 will 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 any person, geographic region, or jurisdiction, on a case-by-case basis.

ARTICLE 3 – ORDERS

When you place an order, you are making an offer to purchase. BioHabitat reserves the right to accept or refuse your order, for any reason, at its discretion. Your order is only considered accepted upon written confirmation from BioHabitat. We must receive and process your payment before your order is validated. Please review your order carefully before submitting it, as BioHabitat may not be able to accept cancellation requests once the order has been 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 when placing the order.

Your purchases are subject to the return or exchange conditions in accordance with our Refund Policy [LINK].

You represent and warrant that your purchases are intended for personal or household 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 indicated in your order confirmation email. Unless expressly stated otherwise, displayed prices do not include taxes, shipping fees, handling fees, customs duties, or import fees.

Prices displayed on 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 that are governed by separate terms and conditions from these Terms. In the event of a conflict between the terms of a promotion and these Terms, the terms of the promotion 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 expiration dates, so that we can complete your transactions and contact you if necessary.

You represent and warrant that: (i) your credit card information is accurate, correct, and complete, (ii) you are authorized to use this card for the purchase, (iii) the charges incurred will be honored by your card issuing company, and (iv) you will pay the charges incurred at the displayed prices, 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 indicated are estimates and are not guaranteed. We disclaim any 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 transfer to you.

ARTICLE 6 – INTELLECTUAL PROPERTY

Our Services, including, without limitation, all trademarks, brands, text, displays, images, graphics, product reviews, videos, and audio content, as well as their design, selection, and arrangement, are the exclusive property of BioHabitat, its subsidiaries, or its licensors. They are protected by U.S. and foreign patent, copyright, and intellectual property laws.

These Terms authorize you to use the Services solely for personal and non-commercial purposes. You are not permitted to reproduce, distribute, modify, create derivative works, publicly display, publicly perform, republish, download, store, or transmit any material present on the Services without our prior written consent. Except as expressly provided otherwise in these Terms, nothing shall be construed as granting you a license or any other right to any patent, trademark, copyright, or other intellectual property of BioHabitat, Shopify, or a third party. Any unauthorized 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 BioHabitat.

BioHabitat's names, logos, product and service names, designs, and slogans are registered trademarks of BioHabitat, its subsidiaries, or its licensors. You may not use them without BioHabitat's prior written authorization. Shopify's name, logo, product and service names, designs, and slogans are registered trademarks of Shopify. All other names, logos, product and service names, designs, and slogans present on the Services are the trademarks of their respective owners.

ARTICLE 7 – OPTIONAL TOOLS

You may be required to use customer tools offered by third parties as part of the Services, tools 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 these tools "as is" and "as available," without warranty, representation, or condition of any kind, and without 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 at your own risk and sole discretion. It is your responsibility to ensure that you are aware of and agree to the terms applicable to these tools, as defined by the relevant third-party provider(s).

We may also, in the future, offer new features through the Services (including making new tools and resources available). These new features will be considered an integral part of the Services and will be subject to these Terms of Service.

ARTICLE 8 – THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties (including integrated 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.

We disclaim any liability for harm or damage related to your access to third-party websites, or to the purchase or use of products, services, resources, or content on such sites. We encourage you to carefully review the policies and practices of third parties and to ensure you understand them before completing any transaction. Complaints, concerns, or questions regarding third-party products and services should be addressed directly to the relevant third party.

ARTICLE 9 – RELATIONSHIP WITH SHOPIFY

[NOTE TO MERCHANT: this section accurately describes the relationship between Shopify and your store and must not be removed or modified.]

BioHabitat 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 BioHabitat. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales between you and BioHabitat, including any damage, harm, or loss resulting from products or services purchased. You hereby expressly release Shopify and its affiliates from any claim, damage, and liability arising from or related to your purchase and transaction with BioHabitat.

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 that you have read these privacy policies.

Since the Services are hosted by Shopify, Shopify collects and processes personal information regarding your access to and use of the Services in order to provide and improve them. Information you submit to the Services will be transmitted and shared with Shopify, as well as with third parties who may be located in countries other than the one in which you reside, in order to provide you with the services. Please see our privacy policy [LINK] for more details on how we, Shopify, and our partners use your personal information.

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, and non-exclusive license to use, reproduce, modify, publish, distribute, and display such Feedback for any purpose, including commercial purposes. We may, for example, use our rights under this license to operate, provide, evaluate, improve, and promote the Services and to fulfill our obligations and exercise our rights under the Terms of Service.

You also represent and warrant that: (i) you own or have all necessary rights to the Feedback; (ii) you have disclosed any compensation or incentive received in connection with submitting your Feedback; (iii) your Feedback complies with these Terms. We are not and will not be obligated to (1) maintain the confidentiality of your Feedback; (2) provide compensation for your Feedback; (3) respond to your Feedback.

We may, without obligation to do so, monitor, edit, or remove any Feedback that we determine, in our sole discretion, to be unlawful, offensive, threatening, defamatory, libelous, pornographic, obscene, or otherwise objectionable, or that infringes any party's intellectual property rights or these Terms of Service.

You agree that your Feedback will not infringe upon any third-party rights, including copyright, trademark, data protection, personality rights, or other personal or property rights. You further agree that your Feedback will not contain any defamatory, unlawful, abusive, or obscene statements, nor any computer viruses or malicious software that could affect the operation of the Services or any related website. You are prohibited from using a falsified email address, impersonating another person, or misleading us or third parties about the origin of the Feedback. You are solely responsible for your Feedback and its accuracy. We disclaim all liability and shall not be held responsible for Feedback posted by you or by a third party.

ARTICLE 12 – ERRORS, INACCURACIES, AND OMISSIONS

The Services may occasionally contain information with typographical errors, inaccuracies, or omissions, particularly regarding product descriptions, pricing, promotions, offers, shipping charges, transit times, or product availability. We reserve the right to correct any error, inaccuracy, or omission, and to change or update information or cancel orders in the event of inaccurate information, 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 way that infringes BioHabitat's, Shopify's, or third parties' intellectual property rights; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or cause harm to any of our employees or any other person; (e) to transmit false or misleading information; (f) to knowingly send, receive, download, use, or reuse any content that does not comply with these Terms; (g) to transmit or cause the sending of any advertising or promotional material, including "spam," "chain letters," "junk mail," or any similar solicitation; (h) to impersonate or attempt to impersonate any person or entity; (i) to engage in any conduct that could restrict or hinder the use or enjoyment of the Services by others, or that, in our judgment, could harm BioHabitat, Shopify, users of the Services, or expose them to any liability.

Additionally, you agree not to: (a) upload or transmit viruses or any other malicious code that could affect the operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell, or exploit any part of the Services; (c) collect or track the personal information of others; (d) engage in spamming, phishing, pharming, or pretexting practices via the Services; (e) use bots, spiders, scraping, data collection or extraction tools, automated devices, AI tools (including agentic AI), or any automated or manual means to access the Services; (f) interfere with, bypass, or disable security or authorization features, robot exclusion headers, or any other measure we implement to restrict access to the Services. We reserve the right to suspend, disable, or terminate your account at any time and without notice if we determine that you have violated any provision of these Terms.

ARTICLE 14 – AGENTS

14.1 This section ("Agent Terms") applies if you use, authorize, activate, 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 on the instructions of, a person or entity, and 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. Furthermore, no Agent may access, use, or interact with the Services if we have requested that Agent to refrain from accessing, using, or interacting with any service.

14.3 We may limit, including through technical measures, the ability of 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 disguise the fact that access, use, or interactions originate from an Agent, including by (a) mimicking human behavior or interaction patterns, or (b) bypassing or completing CAPTCHAs or measures intended to distinguish computer use from human use; (iii) honestly answer any question or prompt intended to determine whether interactions originate from a human or a computer; (iv) not bypass or avoid any measure intended to block, limit, modify, or control the access, use, or interactions of Agents 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.

The following sections will remain in effect after any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provision whose nature implies that it should survive termination.

ARTICLE 16 – DISCLAIMER OF WARRANTIES

The information presented on or through the Services is provided for informational purposes only. We do not guarantee the accuracy, completeness, or usefulness of this information. Any reliance you place on this information is strictly at your own risk. We disclaim all liability and warranty regarding the consequences arising from the use of this information by you, any other visitor to the Services, or any person informed of its content.

UNLESS EXPRESSLY STATED BY [MERCHANT], 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 GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.

ARTICLE 17 – LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL [MERCHANT], 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 FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGE OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, REVENUE, SAVINGS, DATA, REPLACEMENT COSTS, OR ANY OTHER SIMILAR DAMAGE, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCT OBTAINED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, WITHOUT LIMITATION, ANY ERROR OR OMISSION IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THEIR POSSIBILITY.

ARTICLE 18 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless BioHabitat, Shopify, as well as our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers, from any loss, damage, liability, or claim, including reasonable attorneys' fees, owed to a third party and resulting from (1) your breach of these Terms of Service or the documents incorporated herein by reference, (2) your violation of any law or third-party rights, or (3) your access to and use of the Services.

We will notify you of any claim covered by this indemnity, provided that a failure to promptly notify you will not relieve you of your obligations, unless you suffer substantial prejudice as a result. We may assume the defense and settlement of any claim at your expense, including the choice of legal counsel, but we will not settle any claim involving non-monetary obligations on your part without your consent (which you may not unreasonably withhold). You will cooperate in the defense of claims covered by this indemnity, including by providing relevant documents.

ARTICLE 19 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless remain enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service. Such a determination shall not affect the validity or enforceability of any other remaining provisions.

ARTICLE 20 – WAIVER; ENTIRE AGREEMENT

The failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service, together with any policies or operating rules posted by us on this site or in relation to the Service, constitute the entire agreement and understanding between you and us, and govern your use of the Service. They supersede any prior or contemporaneous agreements, communications, or proposals, whether oral or written, between you and us (including, without limitation, any prior versions of the Terms of Service).

Any ambiguity in the interpretation of these Terms of Service shall not be construed against the drafting party.

ARTICLE 21 – ASSIGNMENT

You may not delegate, transfer, or assign this agreement, or any of your rights or obligations under these Terms, without our prior written consent. Any attempt at unauthorized assignment shall be deemed null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or prior notice.

ARTICLE 22 – GOVERNING LAW

These Terms of Service, as well as any separate agreement under which we provide you the Services, shall be governed by and construed in accordance with federal law and the laws of the states or territories of the competent courts in the jurisdiction where BioHabitat has its registered office. You and BioHabitat expressly consent to the territorial and personal jurisdiction of these courts.

ARTICLE 23 – HEADINGS

The headings used in this agreement are inserted for convenience only and shall not affect or limit the interpretation of these Terms.

ARTICLE 24 – CHANGES TO THE TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to check our site periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will take effect on the date indicated in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms constitutes acceptance of those changes.

ARTICLE 25 – CONTACT INFORMATION

For any questions regarding these Terms of Service, please contact us at: milotiktok02@gmail.com.

Our contact information is provided below:  emiliobettega01@gmail.com