Nvzn Easy ARt Virtual Previews

Nvzn's Terms of Service (Merchant Agreement)

Welcome! We provide Easy Virtual Previews through our cloud platform as an add-on application for Shopify stores that enables Merchants to boost ecommerce sales by empowering shoppers to virtually envision it in and around their homes using augmented reality. On our website, in our App and our help center, you (“You” or “User”) can find information about our App, news and information about our services, as well as the Shopify App store to subscribe and install our App (as defined below).

The following Terms of Use (“Agreement”) apply when you view or use the facilities of Nvzn Augmented Reality Corp. (“Nvzn”, “Us”, “We”, or “Company”) located at https://apps.shopify.com/partners/nvzn-augmented-reality, Company’s Help Center located at https://www.nvzn.net/nvznart-knowledge-base or Company’s App. Please review these terms carefully. By accessing or using any part of Company’s cloud platform, website, App or help center or using any of its products or services, You agree to become bound by the terms and conditions of this Agreement. If You do not agree with these Terms Of Use, You may not, and should not access or use Company’s cloud platform (“Platform”), website (“Site”) nor Company’s Shopify Application (“App”). The Platform, Site and App may be collectively or individually referred to as the “Service.”

PRIVACY POLICY

Nvzn respects the privacy of its users. Please refer to Company’s Privacy Policy for this https://www.nvzn.net/nvznart-privacy which explains how we collect, use and disclose information that pertains to Your privacy. When You access or use the Service (“You” or “Subscriber”) signify Your agreement to this Privacy Policy.

ELIGIBILITY

You must have a site that uses the Shopify platform to use the Service.

AVAILABILITY OF SERVICE

Company recognizes that the traffic of data through the Internet, third party systems, APIs or networks may cause delays during the download of information from the Service and accordingly, You agree that You shall not hold the Company liable for delays that are ordinary in the course of Internet use. You further acknowledge and accept that the Service will not be available on a continual twenty-four-hour basis due to such delays, or delays caused by the Company's upgrading, modification, or standard maintenance.

SERVICE FEES

You agree to pay the fees set forth on the Shopify app store from which you subscribed to the App. Fees are collected via Shopify’s billing systems. Fees are not refundable.

GROUP ACCESS

Your Shopify account settings may expose your content and configurations to others with access, including but not limited to coworkers and contractors. You are responsible for controlling your Shopify account access to ensure the security and integrity of your data.

The App is associated with the Shopify account owner. Company associates the App with the account owner’s name and email address, and not that of any others who access the App.

If you share access to the account with others, they will have access to view your store’s data within your app configuration page.

USE AND CONDUCT RESTRICTIONS

Your permission to use Services is conditioned upon the following Use Restrictions and Conduct Restrictions: You agree that You will not under any circumstances:

Post any information, or use the Service to create or implement any information, that is abusive, threatening, obscene, pornographic, defamatory, libelous, or racially, sexually, religiously or otherwise objectionable and offensive in the opinion of Company management and staff;
Use Company’s Service for any unlawful purpose or for the promotion of activities that violate the laws of the United States, its states, or any foreign political entity having jurisdiction over this Agreement or your conduct, whether or not the foreign political entity is a country or a subdivision (such as a state or province) or municipality (such as a city, town, county, or region) of a foreign country;
Infringe on anyone’s intellectual property rights, violate anyone’s privacy rights, defame, harass or abuse anyone or any group, impersonate anyone, or otherwise violate the rights of a third party;
Interfere or attempt to interfere with the proper functioning of Company’s Service, or hack, crack, phish, SQL inject, or otherwise compromise the security or integrity of Company’s Service, or those of its partners and customers, or its users’ computers;
Make any unauthorized automated use of the system (other than Shopify’s normal operations and built-in functionality within the App), or take any action that We deem to impose or to potentially impose unreasonable or disproportionately large load on Our (or Our third-party providers’) servers, system and network infrastructures;
Bypass any robot exclusion headers or other measures We (or Our third-party providers) take to restrict access to Our Service or use of any technology, or device to scrape, spider, or crawl Our website or harvest or manipulate data;
Publish or link to malicious content intended to damage or disrupt another user’s browser or computer;
Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
Transmitting, importing, uploading, or incorporating any sensitive financial or medical information of any nature, or any sensitive personal information (e.g., Social Security numbers, driver’s license numbers, birth dates, personal bank account numbers, passport or visa numbers, complete credit card numbers, passwords and security credentials);
Do anything else which, at the sole discretion of Company, could bring Company into disrepute, or which violates the rights of any person.
Providing a false, defamatory or abusive review, demanding unusual or special treatment, service or terms from us in exchange for a good review or to avoid putting up a bad review.
Abusive or threatening behavior toward us or our support staff.

USER CONTENT

User Content is any content or workflow accessing content that is accessed, transmitted created, originated, edited, modified, uploaded or shared by users (including You) in any way and in any form using the Services, whether or not shared publicly or privately, including but not limited to customized data fields and metadata created using the Site, App, and Services (“User Content”). You are solely responsible for the User Content that You transfer, post, upload, link to or otherwise make available via our App. The following rules pertain to User Content. By transmitting and submitting any User Content while using Company’s Site and App, You agree as follows:

You are solely responsible for the activity that occurs while using the Service;
You will not post, upload, transmit or create workflows linking to or containing personal data, financial data, health care information or sensitive data, including ,but not limited, to bank account numbers, credit card numbers, social security numbers, passport information, health data, or passwords.
You will not use the Service to post or transmit Content that is malicious, false or inaccurate;
You will not share content that is copyrighted or subject to third-party proprietary rights, including privacy, publicity, trade secret, etc., unless You are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content; and
You hereby affirm we have the right to determine whether any of Your User Content submissions are appropriate and comply with these Terms of Service, work with Shopify to remove any and/or all of Your submissions, and terminate Your account with or without prior notice.
You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that You make, transmit, store, share or otherwise make available or access through Your use of the Service with a third party application, software or Software as a Service is solely Your responsibility. Company is not responsible for any public display or misuse of Your User Content. Company does not, and cannot, pre-screen or monitor all User Content. However, at its discretion, Company, or technology Company employs, may monitor and/or record Your interactions with the Service.

SUPPORT

We will ofter standard support for the App. You can contact us via our Help Center at https://www.nvzn.net/nvznart-knowledge-base at any time, or via live chat within the app. Please allow 24-48 hours for a response. We don’t have access to your Shopify account or other accounts, so some support activities will be dependent on your cooperation to provide us access to your account and data solely for the purpose of providing support.

ACCESS TO OUR SHOPIFY APP

The following terms apply to Your use of Our App that is accessed through the Shopify App Store.

These Terms are concluded between us, and not with Shopify. We are responsible for the App (but not Shopify or the Shopify platform).
Shopify has no obligation to furnish any maintenance and support services with respect to the App.
In the event of any failure of the App to conform to any applicable warranty, You may notify Shopify, and the Shopify will request our permission to authorize a refund request for the App to You (if applicable) in accordance with its policies and to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility.
Shopify is not responsible for addressing any claims You have relating to the App or Your access to, and use of, the App, including, but not limited to: (1) product liability claims; (2) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.
In the event of any third-party claim that the App or Your possession and use of that App infringes that third party's intellectual property rights, we will be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
Shopify, and its subsidiaries, are third-party beneficiaries of these Terms as related to Your license of the App, and that, upon Your acceptance of the terms and conditions of these Terms, Shopify will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to Your license of the App against You as a third-party beneficiary thereof.
You must also comply with any applicable terms of use provided by Shopify, when using the App.

AGGREGATED DATA

Notwithstanding anything to the contrary set forth herein or otherwise, Company shall have the right to collect and analyze data and other information relating to the provision, use or performance of the Site and/or Service and related systems and technologies (including information concerning data use, user data and data derived therefrom), and to aggregate and/or anonymize all such data and information. Company will be free at any time to: (i) use such information and data to improve and enhance Company’s services, operations and offerings; and (ii) disclose such data in aggregate or other de-identified form in connection with its business.

DATA PROCESSING ADDENDUM

To the extent that Google processes any Customer Personal Data(as defined in the DPA) contained in User Generated Content that is subject to the GDPR or CCPA (as defined in the DPA), on your behalf as a paying subscriber, in the provision of the Service, the terms of the Google Data Processing and Security Terms located at https://cloud.google.com/terms/data-processing-terms, at which is hereby incorporated by reference, shall apply and the parties agree to comply with such terms. For the purposes of the Standard Contractual Clauses, when you are the data exporter, your agreeing to these Terms of Service shall be treated as signing of the Google Data Processing and Security Terms, including, without limitation, the Standard Contractual Clauses and their Appendices or other Alternative Transfer Solution as set forth therein.

CONTENT

Company is not responsible for the accuracy or reliability of any online content or learning features. All information presented on or through the Service is made available solely for general information purposes. We do not make any statements regarding the accuracy, completeness or usefulness of this information. Any reliance You place on such information is strictly at Your own risk. The Service may include content provided by third parties and/or Google, including materials provided by other users and third-party licensors. We are not responsible, or liable to You or any third-party, for the content or accuracy of materials provided by any third parties, which also may be removed at any time without notice.

LINKS AND INTEGRATIONS TO OTHER SITES AND/OR MATERIALS

On the Site, App or Help Center, Company may provide You, for your convenience, with links and/or to third-party website(s) (“Third Party Sites”) as well as content, integrations or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). These links are provided as a courtesy to Company’s users. Company has no control over Third-Party Sites and Third-Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third-Party Sites or Third-Party Applications, Software or Content. Such Third-Party Sites and Third-Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by Company, and Company is not responsible for any Third-Party Sites accessed through the Site or any Third-Party Applications, Software or Content posted on, available through or installed from the Site or applications, including the content, accuracy, offensiveness, opinions, reliability, safety, privacy practices or other policies of or contained in the Third-Party Sites or the Third-Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third-Party Site or any Third-Party Applications, Software or Content does not imply approval or endorsement thereof by Company. If You decide to leave the Site and access the Third-Party Sites or to use or install any Third-Party Applications, Software or Content, You do so at Your own risk and You should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which You navigate from the Site or relating to any applications You use or install from Our Site.

COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT

We do not store or control the transfer of data or Shopify data. If you believe that any third party data infringes your intellectual property rights, we recommend contacting the merchant or Shopify. As a precaution, below is our Digital Millennium Copyright Act takedown policy:

(a) Termination of Repeat Infringer Accounts. Company respects the intellectual property rights of others and requests that Users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, Company has adopted and implemented a policy that provides for the termination in appropriate circumstances of users of Company’s Site and App who are repeat infringers. Company may terminate access for participants or users who are found repeatedly to provide or post protected third-party content without necessary rights and permissions.
(b) DMCA Take-Down Notices. If You are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Site, App, or Service infringe upon Your copyrights, You may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending the following information in writing to Company’s designated copyright agent at : Nvzn Augmented Reality Corp., 2515 Waukegan Rd PMB 10024, Bannockburn, IL 60015 :

The date of Your notification;
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
Information reasonably sufficient to permit the service provider to contact You, such as an address, telephone number, and/or email address;
A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(c) Counter-Notices. If You believe that Your User Content that has been removed from the Site is not infringing, or that You have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in Your User Content, You may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:

Your physical or electronic signature;
A description of the content that has been removed and the location at which the content appeared before it was removed;
a statement under penalty of perjury that You have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
Your name, address, telephone number, and email address, a statement that You consent to the jurisdiction of the federal court in New Hampshire and a statement that You will accept service of process from the person who provided notification of the alleged infringement under subsection 17 U.S.C. §512 (c)(1)(C) or an agent of such person.

If a counter-notice is received by Company’s copyright agent, Company may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in Company’s discretion) be reinstated on the Site in 10 to 14 business days or more after receipt of the counter-notice.

LICENSE GRANT

By creating and/or sharing any User Content via the Service, You expressly grant, and You represent and warrant that You have a right to grant, to the Company a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and Your name, voice, and/or likeness as contained in Your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with Company’s Site, App, or Service.

INTELLECTUAL PROPERTY

You acknowledge and agree that We and Our licensors retain ownership of all intellectual property rights of any kind related to Company’s Site and App, including applicable copyrights, trademarks and other proprietary rights. Other products and company names that are mentioned on Company’s Site, App and Help Center may be trademarks of their respective owners. We reserve all rights that are not expressly granted to You under this Agreement.

Subject to the terms of your agreement with Shopify, you and your licensors retain all right, title and interest in any graphics, video or logos you post using the Services. Any data you create or input is your property subject to any third party licensing agreements or terms you may have with Shopify or other service providers.

We are very proud of our customers. For the period in which you use our Services you grant us a limited license to display your logo, trademark, merchant name and product experiences on our website and marketing materials.

EMAIL MAY NOT BE USED TO PROVIDE NOTICE

Communications made through the Company’s Site and App email will not constitute legal notice to Company or any of its officers, employees, agents or representatives in any situation where notice to Company is required by contract or any law or regulation.

USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM

For contractual purposes, You: (a) consent to receive communications from Company in an electronic form via any email address You may have submitted on our website; and (b) agree that all Terms of Use, agreements, notices, disclosures, and other communications that Company provides to You electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect Your non-waivable rights.

WARRANTY DISCLAIMER

THE SERVICE AND INFORMATION ON THE SITE, HELP CENTER AND APP, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. FURTHER, NVZN MAKES NO WARRANTY THAT THE SITE, HELP CENTER, SERVICE OR SITE CONTENT ARE COMPLETE, SUITABLE FOR YOUR PURPOSE, ACCURATE OR CAPABLE OF INTEROPERATING WITH ANY PARTICULAR INTEGRATION OR THIRD-PARTY SERVICES. WITHOUT LIMITING THE FOREGOING, NVZN EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, NVZN MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. THE ENTIRE RISK AS TO RESULTS OBTAINED THROUGH USE OF THE SITE, SERVICE AND/OR THE SITE CONTENT RESTS WITH YOU AND NVZN MAKES NO REPRESENTATION OR WARRANTY THAT THE AVAILABILITY OF THE SITE AND OR THE SERVICE WILL BE UNINTERRUPTED, OR THAT THE SITE, SERVICE AND/OR THE SITE CONTENT WILL BE ERROR-FREE OR THAT ALL ERRORS WILL BE CORRECTED. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.

LIMITATION OF DAMAGES; RELEASE

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NVZN AUGMENTED REALITY CORP., ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OF THE SERVICE OR INABILITY TO USE THE SITE, APP, OR SERVICE; (C) THE SITE, APP, OR SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SITE, APP, OR SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH NVZN OR ANY OTHER USER OF THE SITE, APP, OR SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT NVZN HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. OUR TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICE (OR OUR APP) AND IN NO EVENT WILL IT EXCEED THE AMOUNT PAID BY YOU TO COMPANY IN THE TWELVE MONTHS PRIOR TO THE INCIDENT ARISING FROM THE CLAIM. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.

If You have a dispute with one or more other Users, You release us (and our owners, officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If You are a California resident, You hereby release Company, our affiliates, and our officers, directors, employees, agents, successors, assigns, and service providers (including payment card networks) from any and all claims, demands, liabilities, losses and damages of every kind and nature arising out of or in any way connected with such disputes. In addition, You expressly waive the provisions of California Civil Code §1542, which says:

"A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if not known by him must have materially affected his settlement with the debtor."

MODIFICATION OF TERMS OF USE

We can amend or replace these Terms of Use at any time. We will put up notices within the App and/or notify You by email to the extent we have such information, to notify You regarding any materials updates or amendments to the Terms of Use and/or Privacy Policy. For this additional reason, You should keep Your contact and profile information current on Shopify. It is Your sole responsibility to check the Site from time to time to view any such changes in the Agreement. If You continue to use the Site, You signify Your agreement to Our revisions to these Terms of Use. Any changes to these Terms (other than as set forth in this paragraph) or waiver of Company’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of Company. No purported waiver or modification of this Agreement by Company via telephonic or email communications shall be valid.

LOCATION OF SERVICES

Company operates and/or controls the operation of this Site and the Services from offices in the United States, even if mirrored elsewhere. Company makes no representation or warranty that all of the features of this Site or Service will be available to you outside of the United States, or that they are permitted to be accessed outside of the United States. You acknowledge that you are solely responsible for any decision by you to use this Site and/or the Services from other locations, and that such use may be subject to, and that you are responsible for, compliance with applicable local laws.

GENERAL TERMS

If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of Company to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.

You agree that any cause of action related to or arising out of Your relationship with Company must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

These Terms of Use and Your use of the Site are governed by the federal laws of the United States of America and the laws of the State of New Hampshire, without regard to conflict of law provisions. Any claim or dispute between us arising out of the Site, App, or Services will be decided exclusively in the federal and/or state courts for Hillsborough County, New Hampshire.

Company may assign or delegate these Terms of Service and/or Company’s Privacy Policy, in whole or in part, to any person or entity at any time with or without Your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without Company’s prior written consent, and any unauthorized assignment and delegation by You is void.

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH THE PRIVACY POLICY AT https://www.nvzn.net/nvznart-privacy REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US, AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.