Terms of service
Terms of Service
Overview
Welcome to Outsmart Technology! In these terms, “we,” “us,” and “our” refer to Outsmart Technology. Outsmart Technology operates this store and website, including all related information, content, features, tools, products, and services, to provide you with the curated shopping experience we offer (collectively, the “Services”). Outsmart Technology is powered by Shopify, which enables us to provide the Services to you.
The following terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”), 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, and include disclaimers and limitations of liability.
By accessing, 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 may not use or access our Services.
Part 1 – Access and Accounts
By agreeing to these Terms of Service, you represent that you have reached the age of majority in your state or province of residence, and you consent to allow any of your minor dependents to use the Services on devices that you own, purchase, or manage.
To use the Services, including accessing or browsing our online store or purchasing any products or services we offer, we may require you to provide certain information, such as your email address, billing information, payment details, and shipping information. You represent and warrant that all information you provide in our store is accurate, current, and complete, and that you have all rights necessary to provide such information.
You are solely responsible for maintaining the security of your account credentials and for all activity that occurs under your account. You may not transfer, sell, assign, or license your account to any other person.
Part 2 – Our Products
We have made every effort to accurately display our products and services in our online store. However, please note that due to the type of device you use to access our store, as well as your device settings and configuration, colors or product appearance may differ from what is shown on your screen.
We do not warrant that the appearance or quality of any product or service you purchase will meet your expectations or be identical to the content displayed or presented in our online store.
All product descriptions are subject to change at any time without prior notice, and the final interpretation rights belong to us. We reserve the right to discontinue any product at any time and to limit the quantity of any product offered to any person, geographic region, or jurisdiction on a case‑by‑case basis.
Part 3 – Orders
When you place an order, you are making an offer to purchase. Outsmart Technology reserves the right, in its sole discretion, to accept or reject your order for any reason. Your order is accepted only when Outsmart Technology confirms acceptance. We must receive and process your payment before accepting your order. Please review your order carefully before submitting it; once your order is accepted, Outsmart Technology may not be able to accept cancellation requests. If we do not accept, change, or cancel your order, we will attempt to contact you using the email address, billing address, and/or phone number you provided when placing the order.
Products you purchase may only be returned or exchanged in accordance with our Refund Policy [link].
You represent and warrant that the products you purchase are for your personal or household use only and not for commercial resale or export.
Part 4 – Pricing and Billing
Prices, discounts, and promotions are subject to change without notice. The final price for a product or service will be the price in effect at the time you place your order and will be stated in your order confirmation email. Unless expressly stated otherwise, published prices do not include taxes, shipping fees, handling charges, customs duties, or import fees.
Prices published in our online store may differ from prices in physical stores or other online stores operated by third parties. We may from time to time offer promotional services or campaigns that affect pricing and are subject to separate terms and conditions. If any promotional terms conflict with these Terms, the promotional terms will govern.
You agree to provide current, accurate, and complete purchase and payment account information for all purchases made in our store. You agree to promptly update your account and other information, including your email address, credit card number, and expiration date, so that we can complete your transactions and contact you as needed.
You represent and warrant that: (i) the credit card information you provide is true, correct, and complete; (ii) you are legally authorized to use that credit card for the purchase; (iii) your credit card company will pay the charges you incur; and (iv) you will pay the amounts you incur at the published price, including shipping, handling, and all applicable taxes (if any).
Part 5 – Shipping and Delivery
We are responsible for shipping and delivery. All delivery times are estimates only and are not guaranteed. We are not liable for delays caused by shipping carriers, customs processing, or events beyond our reasonable control. Once we deliver the product to the carrier, the risk of loss and damage passes to you.
Part 6 – Intellectual Property
Our Services, including but not limited to all trademarks, brands, text, display content, images, graphics, product reviews, videos, and audio, as well as their design, selection, and arrangement, are owned by Outsmart Technology, its affiliates, or its licensors and are protected by United States and foreign patent, copyright, and other intellectual property laws.
These Terms permit you to use the Services for personal, non‑commercial purposes only. Without our prior written consent, you may not copy, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any materials from the Services. Except as expressly provided in these Terms, nothing in these Terms shall be construed as granting you any license or other rights under any patent, trademark, copyright, or other intellectual property of Outsmart Technology, Shopify, or any third party. Unauthorized use of the Services may violate federal and state intellectual property laws. Outsmart Technology reserves all rights not expressly granted in these Terms.
The Outsmart Technology name, logos, product and service names, designs, and slogans are trademarks of Outsmart Technology or its affiliates. You may not use such marks without Outsmart Technology’s prior written permission. The Shopify name, logos, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans appearing in the Services are the trademarks of their respective owners.
Part 7 – Optional Tools
We may provide you with access to third‑party tools over which we neither monitor nor control and over which we have no authority.
You acknowledge and agree that we provide access to such tools on an “as is” and “as available” basis, without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability arising from or relating to your use of any optional third‑party tools.
Any use by you of optional tools offered through the Services is entirely at your own risk and discretion, and you should ensure that you have agreed to and accept the terms of the relevant third‑party providers.
We may also offer new features through the Services in the future (including the release of new tools and resources). Such new features shall also be considered part of the Services and shall be subject to these Terms of Service.
Part 8 – Third‑Party Links
The Services may contain materials and links to websites operated by third parties (including any embedded third‑party features). We are not responsible for reviewing or evaluating the content or accuracy of any third‑party materials or websites that you choose to access. If you decide to leave the Services and access these materials or third‑party websites, you do so at your own risk.
We are not liable for any damage or loss caused by your access to any third‑party website, or by your purchase or use of any products, services, resources, or content on any third‑party website. Please carefully review the policies and practices of third parties and ensure you understand them before completing any transaction. Complaints, claims, concerns, or questions regarding third‑party products and services should be directed to the third party.
Part 9 – Relationship with Shopify
[Note to merchants: This clause accurately describes Shopify’s relationship with your store and should not be removed or modified.]
Outsmart Technology is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases made in our store are directly with Outsmart Technology. By using the Services, you acknowledge and agree that Shopify is not responsible for any sales between you and Outsmart Technology, including any injury, damage, or loss arising from the purchase of products or services. You hereby expressly release Shopify and its affiliates from any damages, losses, and liability arising out of or related to your purchases and transactions with Outsmart Technology.
Part 10 – Privacy
All personal information we collect through the Services is subject to our Privacy Policy, which you can review here [link]. Certain personal information may also be subject to Shopify’s Privacy Policy, which you can review here. By using the Services, you confirm that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes your personal information in connection with your access to and use of the Services in order to provide and improve the Services. Information you submit to the Services will be transferred to Shopify and may be shared with third parties located outside your country of residence to enable us to provide the Services. Please review our Privacy Policy [link] for more details on how we, Shopify, and our partners use your personal information.
Part 11 – Feedback
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, comments, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty‑free license to use, copy, modify, publish, distribute, and display such Feedback for any purpose, including commercial purposes. For example, we may use the rights granted under this license to operate, provide, evaluate, enhance, improve, and promote the Services, and to fulfill our obligations and exercise our rights under these Terms of Service.
You also represent and warrant that: (i) you own or have obtained all rights necessary for the Feedback; (ii) you have submitted Feedback without expectation of any reward or compensation; and (iii) your Feedback will comply with all aspects of these Terms. We are under no obligation (1) to keep any Feedback confidential; (2) to pay compensation for any Feedback; or (3) to respond to any Feedback.
We have the right, but not the obligation, to monitor, edit, or remove any content that we, in our sole discretion, find to be unlawful, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party’s intellectual property or these Terms of Service.
You agree that your Feedback will not infringe any third‑party rights, including copyright, trademark, privacy, personality, or other proprietary rights. You agree that your Feedback will not contain defamatory or otherwise unlawful, abusive, or obscene material, nor any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, impersonate any person, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you provide and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third party.
Part 12 – Errors, Inaccuracies, and Omissions
From time to time, the Services may contain information that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time, and to change or update information or cancel orders at any time without prior notice (including after you have submitted your order).
Part 13 – Prohibited Uses
You may access and use the Services only for lawful purposes. You may not, directly or indirectly, access or use the Services: (a) for any unlawful or malicious purpose; (b) in violation of any international, federal, provincial, or state statutes, rules, laws, or local regulations; (c) to infringe or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, disparage, intimidate, or discriminate against any of our employees or any person; (e) to disseminate false or misleading information; (f) to send, knowingly receive, upload, download, use, or reuse any material that does not comply with these Terms; (g) to send or facilitate the sending of any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or that, as determined by us, may harm Outsmart Technology, Shopify, or users of the Services, or expose them to liability.
Additionally, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may affect the functionality or operation of the Services; (b) copy, duplicate, extract, sell, resell, or exploit any portion of the Services; (c) collect or track the personal information of others; (d) send spam, phish, pharm, or pretext the Services; (e) use any robot, spider, scraper, data mining tool, automated device or process, artificial intelligence tool (e.g., proxy AI), or automated or manual means to access the Services; or (f) interfere with, bypass, or circumvent any security or authorization features, automated exclusion headers, or other measures we employ to restrict access to the Services. If we determine that you have violated any part of these Terms, we reserve the right to suspend, cancel, or terminate your account at any time without notice.
Part 14 – Agents
14.1 This clause (“Agent Clause”) applies if you use, allow, enable, or deploy an Agent to access, use, or interact with any Services. “Agent” means any software or service that acts autonomously or semi‑autonomously on behalf of, or under the direction of, any person or entity, and that may perform actions on behalf of or using a personal device without the need for direct supervision.
14.2 No Agent may access, use, or interact with the Services unless it clearly identifies itself and strictly follows the requirements set out in Section 14.4 below. Furthermore, no Agent may access, use, or interact with the Services if we have requested that the Agent stop doing so.
14.3 We may limit an Agent’s access to, use of, and interaction with the Services through technical measures or otherwise.
14.4 An Agent must: (i) include the following identifier in the user‑agent string of every HTTP/HTTPS request to indicate that the request originates from an Agent and to disclose the Agent’s name: “Agent/[Agent name]”; (ii) not conceal or obscure its access, use, or interaction, for example by (a) mimicking human behavior and interaction patterns, or (b) completing or circumventing CAPTCHAs or other measures designed to distinguish computer use from human use; (iii) truthfully respond to any questions or prompts designed to determine whether the interaction originates from a human or a computer; and (iv) not circumvent or otherwise evade any measures intended to block, restrict, modify, or control an Agent’s access to, use of, or interaction with the Services.
Part 15 – Termination
We may, in our sole discretion, terminate this Agreement or your access to the Services (or any part thereof) without prior notice, and you will remain liable for all amounts due up to and including the date of termination. The following provisions shall survive termination: Intellectual Property, Termination, Disclaimers, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.
Part 16 – General Disclaimer
The information provided through the Services is for general reference only. We do not warrant the accuracy, completeness, or usefulness of such information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information by you or any other visitor to the Services, or by anyone who may be informed of its contents.
Except as expressly provided, the Services and all products provided through the Services are provided “as is” and “as available” for your use, without any representation, warranty, 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 warrant, represent, or guarantee that your use of the Services will be uninterrupted, timely, secure, or error‑free. Some jurisdictions do not allow limitations on implied warranties or other liability, so the above disclaimers may not apply to you.
Part 17 – Limitation of Liability
To the maximum extent permitted by law, in no event shall Outsmart Technology, our partners, directors, officers, employees, affiliates, contractors, service providers, or licensors, nor Shopify or its affiliates, be liable for any damages, losses, claims, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including but not limited to loss of profits, loss of revenue, loss of savings, loss of data, replacement costs, or any similar damages, whether based on contract, tort (including negligence), or otherwise, arising out of or relating to any products purchased, or any other claim related to your use of the Services or any products, including but not limited to any errors or omissions 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 through the Services, even if advised of their possibility.
Part 18 – Indemnification
You agree to indemnify, defend, and hold harmless Outsmart Technology, Shopify, and their affiliates, partners, officers, directors, contractors, licensors, and service providers from and against any loss, damage, liability, or claim (including reasonable attorneys’ fees) arising out of or relating to: (1) your violation of these Terms of Service or the documents incorporated by reference; (2) your violation of any law or third‑party rights; or (3) your access and use of the Services.
We will notify you of any indemnifiable claim, but failure to notify you promptly will not relieve you of your obligations unless you are prejudiced by such failure. We may control the defense and settlement of such claim at your expense, including selection of counsel, but we will not settle any claim that would require you to undertake non‑monetary obligations without your consent (which shall not be unreasonably withheld). You shall cooperate in the defense of any indemnifiable claim, including providing relevant documents.
Part 19 – Severability
If any provision of these Terms of Service is held to be unlawful, invalid, or unenforceable, that 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 and enforceability of any remaining provisions.
Part 20 – Waiver; Entire Agreement
Our 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 and any policies or operating rules we post on this website or in connection with the Services constitute the entire agreement and understanding between us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications, and proposals (including, without limitation, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Part 21 – Assignment
You may not assign, delegate, or transfer this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any attempted assignment shall be void. We may assign, delegate, or transfer this Agreement and our rights and obligations without your consent or notice.
Part 22 – Governing Law
These Terms and any separate agreement whereby we provide you Services shall be governed by and construed in accordance with the laws of the jurisdiction in which Outsmart Technology is headquartered, and you and Outsmart Technology agree to submit to the exclusive jurisdiction and venue of the federal and state courts located in that jurisdiction.
Part 23 – Headings
The headings used in this Agreement are for convenience and reference only and do not limit or otherwise affect these Terms.
Part 24 – Changes to Terms of Service
You may review the most current version of these Terms of Service at any time on this page.
We reserve the right, in 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 website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will become effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Part 25 – Contact Information
Questions about these Terms of Service should be sent to surelty0617@gmail.com.