Terms of service

OVERVIEW

Welcome to LusaWave! The terms "we," "us," and "our" refer to LusaWave. LusaWave operates this store and website, including all related information, content, features, tools, products, and services, with the goal of providing you, the customer, with a personalized shopping experience (the "Services"). LusaWave is powered by Shopify technology, which allows us to provide 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 using 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 [CONNECTION]. If you do not agree to these Terms of Service or the 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 that you have given us your 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 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, payment, and shipping information. You represent and warrant that all information provided in our stores is accurate, current, and complete and that you have all the necessary rights to provide this information. 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 in our online stores. However, the colors or appearance of the products may differ from those that appear on your screen due to 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 purchased by you will meet your expectations or be the same as those presented or displayed 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 the quantities of any products we offer to any person, geographic region or jurisdiction on a case-by-case basis.

SECTION 3 - ORDERS 

By placing an order, you are making an offer to purchase. LusaWave reserves the right to accept or refuse your orders for any reason, at its sole discretion. Your orders will not be accepted until LusaWave confirms acceptance. We have to receive and process your payment before we accept your order. Please carefully check your order before submitting it, as LusaWave may not be able to fulfill cancellation requests after an order has been accepted. If we do not accept, amend or cancel an order, we will attempt to notify you via the email, billing address and/or phone number provided at the time the order was placed. Your purchases are subject to return or exchange solely in accordance with our Refund Policy. You represent and warrant that your purchases are intended for your 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 and will be specified in your order confirmation sent by email. Unless expressly stated otherwise, prices shown do not include taxes, shipping fees, handling fees, customs or import duties. Prices shown in our online stores may differ from prices offered in physical stores or online stores or other stores operated by third parties. From time to time, we may offer promotions on the Services that may affect prices and are governed by terms and conditions separate from these Terms. In the event of a conflict between the terms of a promotion and these Terms, the terms of the promotion shall prevail. You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our store. You agree to promptly update your account and other information, including your sender email address, credit card numbers and expiration dates, so that we can complete your transaction and contact you if necessary. You represent and warrant that (i) the credit card information you provide is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) the expenses incurred by you will be honored by your credit card administrator and (iv) you will pay the expenses incurred by you at the published prices, including shipping and handling charges and all applicable taxes, if any.

SECTION 5 - SHIPPING AND DELIVERY

We are not responsible for delays in shipping and delivery. 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 transfer the products to the carrier, ownership 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, videos and audio, as well as the design, selection and arrangement thereof, are owned by LusaWave, its affiliates or licensors and are protected by U.S. and foreign patents, copyrights and other intellectual property laws. These Terms allow you to use the Services only for your personal and non-commercial use. You may not reproduce, distribute, modify, create derivative works, publicly display, publicly perform, republish, transfer, store or transmit any material from the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants you or shall be construed as granting you a license or other rights under any patent, trademark, copyright or other intellectual property of LusaWave, Shopify or any third party. Unauthorized use of the Services may constitute a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by LusaWave. The LusaWave names, logo, product and service names, designs, and slogans are trademarks of LusaWave or its affiliates or licensors. You may not use such trademarks without the prior written permission of LusaWave. The Shopify name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans in 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 monitoring, supervision or influence. You acknowledge and agree that we provide you with access to these tools "as is" and "as available," 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 optional third-party tools. Any use you make of optional tools offered through the site is entirely at your own risk and you must ensure that you are aware of and agree to the terms under which the tools are provided by the respective third-party provider(s). In the future, we may also offer new features through the Services (including the release of new tools and resources). These new features will also be considered an integral part of the Services and are an integral part of 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 any functionality incorporated by third parties). We are not responsible for examining 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 to access such third-party materials or websites, you do so at your own risk. We are not liable for any harm or damages related to your access to any third-party website, or your purchase or use of any products, services, resources, or content on any third-party website. Please carefully review the third party's policies and practices and make sure you understand them before engaging in any transaction. Complaints, grievances, concerns, or questions regarding third-party products and services should be directed to the third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

[MERCHANT NOTE: This section accurately describes Shopify's relationship with your store and should not be removed or modified.] LusaWave is powered by Shopify technology, which allows us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with LusaWave. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and LusaWave, including any injury, damage, or loss resulting from the purchase of goods and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchase and transaction with LusaWave.

SECTION 10 - PRIVACY POLICY

All personal information we collect through the Services is part of our Privacy Policy, which can be found here [LINK], and certain personal information may be part of Shopify's Privacy Policy, which can be found 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 in order to provide and improve the Services to you. The information you provide to the Services will be transmitted to and shared with Shopify, as well as with third parties who may be located in a country different from the one in which you reside, so that we can provide services to you. Please see our Privacy Policy [LINK] for more details on how we, Shopify, and our partners use your personal information.

SECTION 11 - FEEDBACK

By submitting, uploading, posting, emailing, or otherwise sharing ideas, suggestions, feedback, reviews, proposals, plans, 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 and for any purpose, including for commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, improve, enhance, and promote the Services, as well as 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 all feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of your feedback; and (iii) your feedback will comply with these Terms. We have and will have no obligation (1) to keep your feedback confidential; (2) to pay compensation for your feedback; or (3) to respond to your feedback. We may, but are not obligated to, monitor, edit, or remove feedback that, in our sole discretion, we deem unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates the intellectual property of third parties or these Terms of Service. You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You also agree that your Feedback will not contain defamatory, unlawful, abusive, or obscene comments, nor computer viruses 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 to submit Feedback, impersonate another person, or 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 are not responsible for any Feedback posted by you or any third party.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally, there may be information in the Services that contains typographical errors, inaccuracies or omissions that may relate to product description, pricing, promotions, offers, product shipping charges, shipping time 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 incorrect, 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 may not access or use the Services, directly or indirectly: (a) for any illegal or malicious purpose; (b) to violate any local, state, provincial, federal or international regulations, rules, laws or ordinances; (c) to infringe or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to knowingly send, receive, upload, transfer, 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 letter", "spam" or any other similar solicitation; (h) impersonate or attempt to impersonate any other person or entity; or (i) engage in any other conduct that restricts or inhibits the use or enjoyment of the Services by any person, or that, as determined by us, may harm LusaWave, Shopify, or the users of the Services, or expose them to liability. In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that may be used in any way that affects the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell, or operate any part of the Services; (c) collect or track personal information of third parties; (d) spam, phish, pharm, or pretext on the Services; (e) use any robot, spider, scraping tool, data gathering and extraction tool, automated device or process, artificial intelligence tool (such as agentic AI), or automated or manual means to access the Services; or (f) interfere with, circumvent, or evade security or authorization features, robot exclusion, or other measures we employ to restrict access to the Services. We reserve the right to suspend, disable, or terminate your account at any time without prior 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, permit, activate, or cause the implementation of an Agent to access, use, or interact with any Services. "Agent" means any software or service that performs autonomous or semi-autonomous actions on behalf of, or under the instructions of, any person or entity and that can be run on behalf of, or using, a person's device without direct supervision.
14.2 No Agent may access, use, or interact with the Services unless, at all times, it identifies itself and operates in strict compliance with the requirements of section 14.4 below. In addition, no Agent may access, use, or interact with the Services if we have requested that the Agent refrain from accessing, using, or interacting with any service. 14.3 We may limit, including by technical measures, if and how any Agent accesses, uses, and interacts with the Services.
14.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the Agent's name by including the following in the request's user agent string: "Agent/[agent name]"; (ii) not conceal or disguise that any access, use, or interaction is from an Agent, such as (a) mimicking human behavior and interaction patterns or (b) completing or circumventing CAPTCHA or measures designed to distinguish computer use from human use; (iii) truthfully answer any question or prompt that seeks to determine whether interactions originate from a human or a computer; (iv) not circumvent or avoid any measure designed 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 our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination. The following sections shall continue to apply after any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Applicable Law, Privacy Policy and any other provisions which by their nature should survive termination. 

SECTION 16 - DISCLAIMER OF WARRANTIES

The information presented in or through the Services is provided for general information purposes only. We do not guarantee the accuracy, completeness or usefulness of this information. Any decision made based on this information is entirely at your own risk. We disclaim all liability arising from reliance on these materials by you or any other visitor to the Services, or by anyone who may be informed of any part of its content. EXCEPT AS EXPRESSLY STATED BY [MERCHANT], THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR ASSUME 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 THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 17 - LIMITATION OF LIABILITY 

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL [MERCHANT], OUR PARTNERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURIES, LOSSES, CLAIMS 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 ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING OUT OF YOUR USE OF ANY 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 LOSSES OR DAMAGES 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 THE POSSIBILITY. 

SECTION 18 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless LusaWave, Shopify and our affiliates, partners, directors, employees, agents, contractors, licensors and service providers from any losses, damages, liabilities or claims, including reasonable attorneys' fees, payable to third parties due to or arising from (1) your breach of these Terms of Service or the documents they incorporate by reference, (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 claim that may give rise to compensation, provided that failure to promptly notify you does not release you from your obligations unless you are materially harmed. We may manage the defense and resolution of such a claim at your expense, including the choice of lawyer, but we will not resolve any claim that requires non-monetary obligations on your part without your consent (which will not be refused without just cause). You must cooperate in the defense of claims for damages, including providing relevant documents.

SECTION 19 - SEVERABILITY

 If any provision of these Terms of Service is deemed illegal, void or unenforceable, such provision shall still be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service, such determination shall not affect the validity and enforceability of the remaining provisions.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

The failure to exercise or enforce any right or provision arising from 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 relating 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 to the detriment of the drafting party.

SECTION 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, and any attempt to do so will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or prior notice.

SECTION 22 - GOVERNING LAW

These Terms of Service and any separate agreement whereby we provide Services to you shall be governed by and construed in accordance with the federal and state or territorial courts in the jurisdiction where LusaWave is based. You and LusaWave agree 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 check the most recent 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 specified in the notification 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.

SECTION 25 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to lusawave@sapo.pt.

Our contact information is indicated below:

lusawave@sapo.pt