Terms of service

OVERVIEW

Welcome to TinyAir! The terms "we," "us," and "our" refer to TinyAir. TinyAir operates this store and website, including all related information, content, features, tools, products, and services provided to you, the customer, to deliver a customized shopping experience (the "Services"). TinyAir is powered by Shopify, which enables us to deliver the Services to you.

The terms and conditions below, 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 contain important information about your legal rights and address areas such as 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. If you do not agree to these Terms of Service or the Privacy Policy, you must 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 the state or province in which you reside, and you have given us your consent to allow any minor dependents of yours 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 asked to provide certain information, such as your email address, billing address, shipping address, and payment details. You represent and warrant that all information you provide in our stores is accurate, current, and complete and that you have all rights necessary to provide this information.

You are solely responsible for the security of your account login 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 display our products and services as accurately as possible in our online stores. However, please note that colors or the appearance of products may differ from how they appear on your screen, depending on the type of device you use to access the store and the settings and configuration of your device.

We do not guarantee that the appearance or quality of any products or services you purchase will meet your expectations or be the same as depicted or delivered 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 discontinue any product 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.

SECTION 3 — ORDERS

When you place an order, you are making an offer to purchase. TinyAir reserves the right to accept or reject your order for any reason at our sole discretion. Your order is not accepted until TinyAir confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting it, as TinyAir may not be able to process cancellation requests after an order has been accepted. In the event we do not accept, modify, or cancel an order, we will attempt to notify you by contacting the email address, billing address, or phone number you provided when placing the order.

Your purchases may only be returned or exchanged 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 — PRICING AND BILLING

Prices, discounts, and promotions may change without prior notice. The price charged for a product or service is the price in effect at the time the order is placed and is listed in the email confirming your order. Unless expressly stated otherwise, listed prices do not include taxes, shipping and handling fees, or customs or import duties.

The prices in our online stores may differ from the prices in physical stores or in online stores or other stores operated by third parties. We may offer promotions on the Services from time to time that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will apply.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases you make in our stores. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so we can complete your transactions and contact you as needed.

You represent and warrant that (i) the credit card information you provide is truthful, accurate, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) any charges you incur will be honored by your credit card company, and (iv) you will pay any charges you incur at the listed prices, including any shipping and handling fees and all applicable taxes, if any.

SECTION 5 — SHIPPING AND DELIVERY

We are not liable for shipping or delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, customs processing, or events beyond our control. Once we hand over the products to the carrier, title and risk of loss pass to you.

SECTION 6 — INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video and audio, and the design, selection, and arrangement thereof, are owned by TinyAir, its affiliates, or licensors, and are protected by United States and foreign patent, copyright, and other intellectual property laws.

These Terms permit you to use the Services solely for personal, non-commercial use. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material on the Services without our prior written permission. Except as expressly provided herein, nothing in these Terms grants you a license or other rights, nor will anything be construed as granting you a license or other rights, under any patent, trademark, copyright, or other intellectual property of TinyAir, Shopify, or any third party. Unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted herein are reserved by TinyAir.

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

SECTION 7 — OPTIONAL TOOLS

You may have access to customer tools offered by third parties as part of the Services, over which we have no control or input.

You acknowledge and agree that we provide access to such tools "as is" and "as available," without any warranties, representations, or conditions of any kind and without any endorsement. We have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of the optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and agree to the terms under which the tools are offered by 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 will also be deemed part of the Services and subject to these Terms of Service.

SECTION 8 — THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties (including embedded third-party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you choose to leave the Services to access such third-party materials or sites, you do so at your own risk.

We are not liable for any damages or harm related to your access to third-party websites, or your purchase or use of products, services, resources, or content on third-party websites. Please carefully review the policies and practices of the third party and ensure you understand them before entering into any transaction. Complaints, claims, concerns, or questions about third-party products and services should be directed to the third party.

SECTION 9 — RELATIONSHIP WITH SHOPIFY

TinyAir is powered by Shopify, which enables us to deliver the Services to you. However, all sales and purchases you make in our store are made directly with TinyAir. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sale between you and TinyAir, including any injury, damage, or loss resulting from products and services purchased. You hereby expressly release Shopify and its affiliates from any claims, damages, and liabilities arising from or relating to your purchases and transactions with TinyAir.

SECTION 10 — PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may be subject to Shopify's Privacy Policy, which you can review here. By using the Services, you acknowledge that you have read this Privacy Policy.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services to deliver and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify and third parties that may be located in countries other than where you reside, in order to provide services to you. Please review our Privacy Policy for more information on how we, Shopify, and our partners use your personal information.

SECTION 11 — FEEDBACK

If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, subscriptions, or other content (collectively "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 for commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, improve, and promote the Services and to comply with our obligations and exercise our rights under the Terms of Service.

You further represent and warrant that: (i) you are the owner of or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives you received in connection with your Feedback; and (iii) your Feedback complies with these Terms. We are not required (1) to keep your Feedback confidential; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.

We may monitor, edit, or remove Feedback we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable, or that infringes any party's intellectual property or these Terms of Service, but we are not obligated to do so.

You agree that your Feedback will not infringe any right of any third party, including copyright, trademark, privacy, personality rights, or other personal or proprietary rights. You further agree that your Feedback will not contain any defamatory or otherwise unlawful, offensive, or obscene Feedback, or any computer virus or other malware that could affect the operation of the Services or any related website in any way. You may not use a false email address, impersonate any person other than yourself, or otherwise mislead us or third parties as to the origin of any feedback. You are solely responsible for any Feedback you provide and the accuracy of it. We take no responsibility and assume no liability for any Feedback posted by you or any third party.

SECTION 12 — ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping pricing, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).

SECTION 13 — PROHIBITED USES

You may access and use the Services only for lawful purposes. You are not permitted to access or use the Services, directly or indirectly, (a) for any unlawful or malicious purposes; (b) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against our employees or any other persons; (e) to submit false or misleading information; (f) to transmit, knowingly receive, upload, download, use, or reuse any material that does not comply with these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letters," "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 which, as determined by us, may harm TinyAir, 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 be used in any way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell, or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, or pretext the Services; (e) use any robot, spider, scraping, data gathering and extraction tools, automated devices or processes, AI tools (such as agentic AI), or any automated or manual means to access the Services; or (f) interfere with, circumvent, or bypass any security or authorization features, robot exclusion headers, or other measures we use 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 part of these Terms.

SECTION 14 — AGENTS

14.1 This section ("Agent Terms") applies if you use, allow, enable, or have any Agent access, use, or interact with the Services. "Agent" means any software or service that autonomously or semi-autonomously takes action on behalf of or at the direction of any person or entity, and that may be executed on behalf of or using the device of any person without direct supervision.

14.2 An Agent may not access, use, or interact with the Services unless it identifies itself at all times and acts in strict compliance with the requirements in section 14.4 below. Additionally, an Agent may not access, use, or interact with the Services if we have requested the Agent to refrain from accessing, using, or interacting with any service.

14.3 We may restrict, including through technical measures, whether and how an Agent accesses, uses, and interacts with the Services.

14.4 Agents must: (i) in all HTTP/HTTPS requests, indicate that the request comes from an Agent and disclose the name of the Agent by including the following in the user-agent string of the request: "Agent/[agent name]"; (ii) not conceal or obfuscate that access, use, or interactions come from an Agent, such as by (a) mimicking human behavior and interaction patterns, or (b) completing or bypassing CAPTCHAs or measures intended to distinguish computer use from humans; (iii) truthfully respond to questions or prompts intended to determine whether interactions come from a human or computer; (iv) not bypass or otherwise avoid measures intended to block, limit, modify, or control whether and how Agents access, use, or interact with the Services.

SECTION 15 — TERMINATION

We may terminate this agreement or your access to the Services (or any part thereof) at any time at our sole discretion and without prior notice, and you will remain liable for all amounts due up to and including the date of termination.

The following sections will survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and other provisions that by their nature must survive termination.

SECTION 16 — DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available solely for general informational purposes. We do not warrant the accuracy, completeness, or usefulness of this 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 materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.

EXCEPT AS EXPRESSLY STATED BY TINYAIR, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. IN SOME JURISDICTIONS, THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES IS LIMITED OR NOT PERMITTED, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 17 — LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL TINYAIR, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS PURCHASED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, 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 VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

SECTION 18 — INDEMNIFICATION

You agree to indemnify, defend, and hold harmless TinyAir, 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, payable to third parties as a result of or arising from (1) your breach of these Terms of Service or the documents referenced herein, (2) your violation of any law or the rights of any third party, or (3) your access to and use of the Services.

We will notify you of any claim eligible for indemnification, provided that a failure to promptly notify you will not relieve you of your obligations, unless you are materially prejudiced. We may control the defense and settlement of any such claim at your expense, including the selection of counsel, but will not settle any claim requiring non-monetary obligations of you without your consent (which will not be unreasonably withheld). You will cooperate in the defense of any claim, including by providing relevant documents.

SECTION 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 be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, with such determination not affecting the validity and enforceability of any other remaining provisions.

SECTION 20 — WAIVER; ENTIRE AGREEMENT

The failure of us 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 posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, 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.

SECTION 21 — ASSIGNMENT

You may not delegate, transfer, or assign this Agreement or your rights or obligations under these Terms without our prior written consent, and any such attempted assignment shall be void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

SECTION 22 — GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide services to you are governed by and construed in accordance with the federal and state or territorial courts in the jurisdiction where TinyAir is located. You and TinyAir consent to venue and personal jurisdiction in such courts.

SECTION 23 — HEADINGS

The headings used in this agreement are for convenience only and shall 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, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to 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 stated in the notice. Your continued use of or access to the Services after any changes to these Terms of Service have been posted constitutes acceptance of those changes.

SECTION 25 — CONTACT INFORMATION

Questions about the Terms of Service can be sent to us at hello@gettinyair.com.

Our contact details are below:

TinyAir
hello@gettinyair.com