Terms of Service

Welcome to Nubilee Sleep! The terms “we”, “us” and “our” refer to Ecom Innovations, LLC, doing business as Nubilee Sleep (“Nubilee Sleep”). Nubilee Sleep operates this online store and website, including all related information, content, features, tools, products, and services, to provide you with a curated shopping experience (the “Services”). Nubilee Sleep is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service, together with any referenced policies (collectively, “Terms”), outline your rights and responsibilities when using the Services.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree, you should not use or access our Services.

SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms, you represent that you are at least the age of majority in your jurisdiction and that you consent to allow any minor dependents to use the Services on devices you own or manage.

To use the Services, including browsing or purchasing products, you may be asked to provide information such as your email address and billing, payment, and shipping details. You represent that all information you provide is accurate, current, and complete.

You are responsible for maintaining the confidentiality of your account credentials and all activities under your account. You may not transfer or assign your account to any person.

SECTION 2 – OUR PRODUCTS
We strive to present accurate product information. However, product colors and appearance may vary due to differences in device displays and settings.

We do not guarantee that any product will meet your expectations or exactly match how it appears online.

All product descriptions are subject to change without notice. We reserve the right to discontinue any product at any time and may limit quantities for certain individuals or regions.

SECTION 3 – ORDERS
When you place an order, you are making an offer to purchase. Nubilee Sleep may accept or decline your order at our discretion. An order is not accepted until we confirm it and process your payment.

Please review your order carefully before submitting; cancellations may not be possible once accepted. If an order is not accepted or must be changed or canceled, we will attempt to notify you using the contact information provided.

Your purchases are subject to our Refund Policy.

You represent that your purchases are for personal use only and not for resale or export.

SECTION 4 – PRICES AND BILLING
Prices, discounts, and promotions may change without notice. The price displayed at checkout and in your confirmation email is the price in effect at the time of purchase. Prices typically exclude taxes, shipping, handling, and import fees unless stated otherwise.

Prices in our online store may differ from prices elsewhere. Promotions may have additional terms; if promotional terms conflict with these Terms, the promotional terms apply.

You agree to provide accurate, complete, and up-to-date billing and contact information. You also agree to promptly update payment details as needed.

You represent and warrant that:
(i) your payment information is accurate
(ii) you are authorized to use the payment method
(iii) your payment provider will honor the charges
(iv) you will pay all charges incurred, including taxes and fees

SECTION 5 – SHIPPING AND DELIVERY
Delivery times are estimates and not guaranteed. We are not responsible for delays due to carriers, customs, or events outside our control. Once the product is transferred to the carrier, title and risk of loss pass to you.

SECTION 6 – INTELLECTUAL PROPERTY
All content within the Services—including trademarks, text, images, graphics, reviews, videos, and layout—is owned by Ecom Innovations, LLC d/b/a Nubilee Sleep, its affiliates, or licensors, and is protected by intellectual property laws.

You may use the Services only for personal, non-commercial purposes. You may not reproduce, modify, distribute, display, or create derivative works without prior written consent.

Nubilee Sleep’s names, logos, and related marks are trademarks of Ecom Innovations, LLC. Shopify’s marks are trademarks of Shopify. Other marks belong to their respective owners.

SECTION 7 – OPTIONAL TOOLS
You may be provided access to third-party tools used in connection with the Services. We do not control or monitor these tools and provide them “as is” without warranties.

Use of these tools is entirely at your own risk, and you should review the terms of the third-party provider.

SECTION 8 – THIRD-PARTY LINKS
The Services may contain links to third-party websites or materials. We are not responsible for examining or evaluating the accuracy or content of these sites. Accessing them is at your own risk.

We are not liable for any harm or damages related to your use of such sites or products purchased through them.

SECTION 9 – RELATIONSHIP WITH SHOPIFY
Nubilee Sleep uses Shopify to power our store, but all sales are between you and Nubilee Sleep. Shopify is not responsible for any purchases or issues arising from them. You release Shopify and its affiliates from claims related to your transactions with Nubilee Sleep.

SECTION 10 – PRIVACY POLICY
All personal information collected through the Services is subject to our Privacy Policy. Because the Services are hosted by Shopify, Shopify may also collect and process data to operate and improve the platform. Information you submit may be transmitted to Shopify and third parties, including across borders.

SECTION 11 – FEEDBACK
If you submit feedback, suggestions, reviews, or other content (“Feedback”), you grant us a perpetual, worldwide, royalty-free license to use, reproduce, modify, publish, and distribute your Feedback for any purpose.

You represent that you have rights to the Feedback, that you have disclosed any compensation received, and that your Feedback complies with these Terms.

We may monitor or remove Feedback that we deem unlawful, offensive, or otherwise objectionable, but we are not obligated to do so.

You agree not to violate any third-party rights when submitting Feedback and not to submit malicious or misleading content.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information in the Services may contain errors or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times, or availability. We reserve the right to correct such errors and update information or cancel orders affected by them.

SECTION 13 – PROHIBITED USES
You may not use the Services for unlawful, harmful, abusive, fraudulent, or malicious purposes, nor to violate laws, infringe intellectual property, impersonate others, or interfere with security features.

Prohibited actions include transmitting viruses, scraping, spamming, collecting personal data of others, or disrupting the functionality of the Services. We may terminate your access if you violate these Terms.

SECTION 14 – TERMINATION
We may terminate or suspend your access to the Services at any time without notice. You remain responsible for all charges incurred before termination.

Certain sections of these Terms will continue to apply after termination, including Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, Governing Law, and others that naturally survive.

SECTION 15 – DISCLAIMER OF WARRANTIES
Information provided through the Services is for general purposes. We do not guarantee its accuracy or usefulness. Your use of the Services is at your own risk.

Except as expressly stated, the Services and all products are provided “as is” and “as available” without warranties of any kind, express or implied. This includes implied warranties of merchantability, fitness for a particular purpose, durability, title, and non-infringement.

SECTION 16 – LIMITATION OF LIABILITY
To the fullest extent permitted by law, Nubilee Sleep and its partners, officers, employees, affiliates, agents, contractors, service providers, and licensors are not liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from your use of the Services or products purchased through them.

This includes loss of profits, revenue, data, or other similar damages, even if advised of their possibility.

SECTION 17 – INDEMNIFICATION
You agree to indemnify and hold harmless Nubilee Sleep, Shopify, and their affiliates, employees, agents, and partners from claims, damages, or expenses arising from your breach of these Terms, violation of law, or misuse of the Services.

SECTION 18 – SEVERABILITY
If any provision is determined unlawful or unenforceable, that portion shall be removed or limited as minimally necessary, and the remaining provisions will continue in full force.

SECTION 19 – WAIVER; ENTIRE AGREEMENT
Failure to enforce a right does not constitute a waiver. These Terms, along with any policies referenced, constitute the entire agreement between you and Nubilee Sleep regarding the Services.

SECTION 20 – ASSIGNMENT
You may not assign your rights or obligations under these Terms without our written consent. We may assign them without restriction.

SECTION 21 – GOVERNING LAW
These Terms and any related agreements are governed by the laws of the jurisdiction where Nubilee Sleep is headquartered, and you consent to venue and jurisdiction in those courts.

SECTION 22 – HEADINGS
Headings are for convenience only and do not affect interpretation.

SECTION 23 – CHANGES TO TERMS OF SERVICE
You may review the current version of the Terms at any time. We may update or modify these Terms at our discretion. Material changes will be communicated as required by law. Continued use of the Services after changes constitutes acceptance.

SECTION 24 – CONTACT INFORMATION
Questions regarding these Terms should be sent to:
Support@nubileesleep.com