Terms of service
TERMS OF SERVICE
OVERVIEW
Welcome to LifeCapture! The terms "we", "us" and "our" refer to LifeCapture. LifeCapture operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). LifeCapture is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as 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. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide is correct, current and complete and that you have all rights necessary to provide it.
You are solely responsible for maintaining the security of your account credentials and for all activity on your account. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 – OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services. However, colors or product appearance may differ from how they appear on your screen due to your device type and settings.
We do not warrant that the appearance or quality of any products or services purchased will meet your expectations or be identical to those depicted in our online store.
All product descriptions are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit quantities available to any person, geographic region or jurisdiction.
SECTION 3 – ORDERS
When you place an order, you are making an offer to purchase. LifeCapture reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until LifeCapture confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as LifeCapture may be unable to accommodate cancellation requests after an order is accepted. If we do not accept, modify, or cancel an order, we will attempt to notify you via the email, billing address, or phone number provided at the time of the order.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy.
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.
SECTION 4 – PRICES 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 the order is placed, as set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.
Prices in our online store may differ from those offered in physical stores or third-party stores. We may offer promotions that affect pricing and are governed by separate terms. In the event of a conflict between promotion terms and these Terms, the promotion terms will govern.
You agree to provide current, complete and accurate purchase and payment information for all purchases. You represent and warrant that: (i) your credit card information is true, correct and complete; (ii) you are duly authorized to use such credit card; (iii) charges will be honored by your credit card company; and (iv) you will pay all charges incurred, including shipping, handling and applicable taxes.
SECTION 5 – SHIPPING AND DELIVERY
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.
SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including all trademarks, brands, text, images, graphics, video, audio and their design and arrangement, are owned by LifeCapture, its affiliates or licensors and are protected by applicable intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store or transmit any material from the Services without our prior written consent. All rights not expressly granted herein are reserved by LifeCapture.
LifeCapture's names, logos, product and service names, designs and slogans are trademarks of LifeCapture or its affiliates. You must not use such trademarks without prior written permission.
SECTION 7 – OPTIONAL TOOLS
You may be provided with access to third-party tools as part of the Services, which we neither monitor nor control. Such tools are provided "as is" and "as available" without any warranties or endorsement. We shall have no liability arising from your use of optional third-party tools. Any use of these tools is entirely at your own risk and discretion.
SECTION 8 – THIRD-PARTY LINKS
The Services may contain links to third-party websites. We are not responsible for the content or accuracy of any third-party materials or websites. If you choose to access them, you do so at your own risk. Complaints or questions regarding third-party products and services should be directed to the third party.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
LifeCapture is powered by Shopify, which enables us to provide the Services to you. However, all sales and purchases are made directly with LifeCapture. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and LifeCapture, 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 LifeCapture.
SECTION 10 – PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy. Because the Services are hosted by Shopify, Shopify also collects and processes personal information about your access to and use of the Services. Information you submit may be transmitted to Shopify and to third parties located in other countries in order to provide services to you. Please review our Privacy Policy for full details.
SECTION 11 – FEEDBACK
If you submit any ideas, suggestions, feedback, reviews, proposals or other content ("Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including commercial use.
You represent and warrant that: (i) you own or have all necessary rights to the Feedback; (ii) you have disclosed any compensation received in connection with its submission; and (iii) your Feedback will comply with these Terms. We are under no obligation to maintain your Feedback in confidence, compensate you for it, or respond to it.
We may, but have no obligation to, monitor, edit or remove Feedback that we determine to be unlawful, offensive, defamatory, or otherwise objectionable, or that violates any party's intellectual property rights or these Terms. You are solely responsible for any Feedback you submit and its accuracy.
SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
There may occasionally be information on the Services that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, availability or transit times. We reserve the right to correct any errors, update information or cancel orders at any time without prior notice.
SECTION 13 – PROHIBITED USES
You may only access and use the Services for lawful purposes. You may not use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any applicable laws or regulations; (c) to infringe any intellectual property rights; (d) to harass, harm or defame any person; (e) to transmit false or misleading information; (f) to send spam or unsolicited promotional material; (g) to impersonate any person or entity; or (h) to restrict or inhibit anyone's use or enjoyment of the Services.
You also agree not to: (a) upload viruses or any malicious code; (b) reproduce, sell or exploit any portion of the Services; (c) collect personal information of others; (d) use robots, scrapers, data extraction tools, AI tools (including agentic AI) or any automated means to access the Services; or (e) interfere with or circumvent any security or authorization features of the Services. We reserve the right to suspend or terminate your account at any time without notice if you violate any part of these Terms.
SECTION 14 – AGENTS
14.1 This section ("Agent Terms") applies if you use, allow, enable or cause the deployment of an Agent to access, use or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity, without direct supervision.
14.2 No Agent may access or interact with the Services unless it identifies itself and operates in strict accordance with the requirements in section 14.4. No Agent may access the Services if we have requested that it refrain from doing so.
14.3 We may limit, including by technical measures, whether and how any Agent accesses or interacts with the Services.
14.4 Agents must: (i) identify that the request is from an Agent and disclose its name by including "Agent/[agent name]" in the HTTP/HTTPS user agent string; (ii) not conceal or obfuscate that interactions are from an Agent, including by mimicking human behavior or circumventing CAPTCHAs; (iii) respond truthfully to any question seeking to determine if interactions are coming from a human or a computer; and (iv) not circumvent any measure intended to block, limit or control Agent access to the Services.
SECTION 15 – TERMINATION
We may terminate this agreement or your access to the Services at any time without notice at our sole discretion. You will remain liable for all amounts due up to and including the date of termination.
The following sections will continue to apply after 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 survive termination.
SECTION 16 – DISCLAIMER OF WARRANTIES
The information presented through the Services is made available solely for general information purposes. We do not warrant its accuracy, completeness or usefulness. Any reliance you place on such information is strictly at your own risk.
EXCEPT AS EXPRESSLY STATED BY LIFECAPTURE, THE SERVICES AND ALL PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE ABOVE MAY NOT APPLY TO YOU IN FULL.
SECTION 17 – LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL LIFECAPTURE, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS PROCURED THROUGH THEM.
SECTION 18 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless LifeCapture, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from any losses, damages, liabilities or claims, including reasonable attorneys' fees, arising out of: (1) your breach of these Terms; (2) your violation of any law or the rights of a third party; or (3) your access to and use of the Services.
We will notify you of any indemnifiable claim. We may control the defense and settlement of such claim at your expense but will not settle any claim requiring non-monetary obligations from you without your consent.
SECTION 19 – SEVERABILITY
If any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms. Such determination shall not affect the validity or enforceability of any other remaining provisions.
SECTION 20 – WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms of Service, together with any policies posted by us on this site, constitute the entire agreement between you and us and govern your use of the Services, superseding any prior agreements, communications or proposals, whether oral or written.
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
SECTION 21 – ASSIGNMENT
You may not delegate, transfer or assign this agreement or any of your rights or obligations without our prior written consent, and any such attempt will be null and void. We may transfer, assign or delegate these Terms and our rights and obligations without your consent or notice.
SECTION 22 – GOVERNING LAW
These Terms of Service shall be governed by and construed in accordance with the laws of the jurisdiction where LifeCapture is headquartered. You and LifeCapture consent to the venue and personal jurisdiction of such courts.
SECTION 23 – HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 24 – CHANGES TO 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 to update, change or replace any part of these Terms by posting updates to our website. It is your responsibility to check this page periodically for changes. We will notify you of any material changes in accordance with applicable law. Your continued use of the Services following the posting of any changes constitutes acceptance of those changes.
SECTION 25 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at:
LifeCapture infolifecapture@gmail.com