Terms of service

TERMS OF SERVICE — DIGITAL PRODUCT REPLACEMENTS

OVERVIEW
Welcome to Personal Operating System! The terms "we", "us" and "our" refer to Personal Operating System. Personal Operating System operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). Personal Operating System is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, 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 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. If you do not agree to these Terms of Service or 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 you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage. 
To use the Services, including accessing or browsing our online store or purchasing any products or services we offer, you may be asked to provide certain information, such as your name, email address, billing information, payment information and account details. You represent and warrant that all information you provide is correct, current and complete and that you have all rights necessary to provide that information.

SECTION 2 - OUR PRODUCTS 

We have made reasonable efforts to accurately describe and display our digital products, including their contents, features, file formats and intended uses. Images, previews, demonstrations and examples are provided for illustrative purposes only. The appearance of a digital product may vary depending on your device, software, display settings and any modifications you make.

Before purchasing, you are responsible for reviewing the product description and any disclosed software, device, account, technical or compatibility requirements. Unless expressly stated otherwise, your purchase does not include third-party software, applications, subscriptions, equipment, installation services, customisation, consulting or ongoing support.

Digital products may be updated or improved from time to time. Unless expressly stated on the applicable product page, purchasing a digital product does not guarantee access to future versions, updates, additional content or new features.

We do not guarantee that a digital product will produce any particular personal, professional, organisational, financial or business outcome. Your results will depend on how you use the product and on circumstances outside our control.

All product descriptions, prices and availability are subject to change without notice. We may modify or discontinue the future sale of a product at any time. Any such modification or discontinuation will not affect rights or remedies that you have under applicable law in relation to a purchase already completed.

SECTION 3 - ORDERS 

When you place an order, you are making an offer to purchase. Personal Operating System reserves the right to accept or decline your order for any lawful reason. Your order is not accepted until we confirm its acceptance, and we must receive and process your payment before providing the digital product.

Please review your order and the relevant product description carefully before submitting your purchase. Because digital products may be made available immediately after payment, we may be unable to cancel an order after the download link, file or other form of access has been supplied.

Where required by applicable law, you may be asked to expressly request immediate delivery of the digital product and acknowledge that you may lose a statutory right to cancel once downloading, access or digital delivery begins.

If we decline, change or cancel an order, we will attempt to notify you using the email address, billing information or other contact information provided when the order was placed.

Purchases, cancellations, technical-issue requests and refunds are governed by our Refund Policy. Nothing in these Terms or our Refund Policy limits any consumer right or remedy that cannot lawfully be excluded.

You may not purchase a digital product for resale, redistribution, sublicensing or unauthorised sharing. Your use of a purchased product is subject to the licence terms in Section 6 and any additional licence terms shown on the applicable product page.

SECTION 4 - PRICES AND BILLING

Prices, discounts and promotions are subject to change without notice. The price charged will be the price displayed when the order is placed and will be confirmed in your order confirmation email.

Unless expressly stated otherwise, displayed prices may not include applicable sales tax, value-added tax or similar taxes. Any taxes that we are required to collect will be calculated or displayed at checkout.

We may offer promotions that are governed by separate terms and conditions. If there is a conflict between the terms of a promotion and these Terms, the promotion terms will govern in relation to that promotion.

You agree to provide current, complete and accurate purchase, payment and account information. You agree to promptly update your information, including your email address and payment details, so that we can complete transactions and contact you when necessary.

You represent and warrant that the payment information you provide is true, correct and complete, that you are authorised to use the selected payment method, and that charges incurred by you will be honoured by your payment provider.

SECTION 5 — DIGITAL DELIVERY AND ACCESS

Our products are supplied electronically. No physical product will be shipped unless a product page expressly states otherwise.

After your payment has been accepted, your digital product will ordinarily be supplied through a download link, email, customer account or another electronic delivery method described during checkout.

You are responsible for providing a correct and accessible email address, checking any spam or junk folders and maintaining the devices, software and internet access necessary to receive and use the product.

Although delivery is normally prompt, access may occasionally be delayed by payment processing, email delivery, hosting interruptions, platform issues, maintenance or events outside our reasonable control. Delivery times displayed on the Services are estimates and are not guaranteed.

If you do not receive access to your digital product or experience a problem with the supplied files, contact us at support@personaloperatingsystem.io. We may verify your order and provide a replacement file, new download link or reasonable technical assistance.

You are responsible for downloading and securely storing any files supplied to you. We do not guarantee that a download link or customer account will remain available indefinitely unless the applicable product description expressly states otherwise.

Nothing in this section affects any delivery obligation or consumer remedy that applies under applicable law.

SECTION 6 — INTELLECTUAL PROPERTY AND DIGITAL PRODUCT LICENCE

The Services and their contents—including our trademarks, brands, names, logos, text, graphics, images, audio, video, website design and product materials—are owned by Personal Operating System, our affiliates or our licensors and are protected by applicable copyright, trademark and other intellectual-property laws.

Purchasing a digital product does not transfer ownership of the product or any intellectual-property rights to you. Subject to full payment and compliance with these Terms, we grant you a limited, non-exclusive, non-transferable and non-sublicensable licence to download, access, modify and use the purchased digital product for your own personal or internal business purposes.

You may make reasonable backup copies and may customise a template for your own permitted use. Unless the applicable product page or a separate written licence expressly permits it, you must not:

• Share the original product files with another person or organisation.
• Sell, resell, sublicense, rent, distribute or commercially exploit the product itself.
• Upload or make the product, or a substantially similar or modified version of it, publicly available.
• Give another person access to the product through shared accounts, folders, links or file-transfer services.
• Claim ownership or authorship of the original product.
• Remove copyright, trademark or proprietary notices.
• Use the product to create a directly competing template, resource or digital product for sale or distribution.
• Use the product in any unlawful manner or in a manner that infringes another person’s rights.

You may use documents, plans, schedules, records or other end results that you create using the template for your own personal or internal business activities. This does not permit you to distribute, sell or provide the underlying template or editable source files to others.

A product page may include additional or different licence terms, such as a team, client-use or commercial licence. Where specific licence terms are supplied with a product, those terms will govern your use of that product to the extent of any conflict with this section.

We may terminate the licence granted under this section if you materially breach these Terms. Upon termination, you must stop using the product and delete all copies in your possession or control, except where retention is required by law.

Except for the limited licence expressly granted above, no right, title or interest in the Services or digital products is transferred to you. All rights not expressly granted are reserved.

Personal Operating System’s names, logos, product names, service names, designs and slogans are trademarks of Personal Operating System or our licensors. Shopify’s names, logos, product names, service names, designs and slogans are trademarks of Shopify. You must not use any such trademarks without the applicable owner’s prior written permission.

SECTION 7 - OPTIONAL TOOLS 

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor 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 shall 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 approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are 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 any 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 decide to leave the Services to access these materials or third party sites, you do so at your own risk. 
We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

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

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 can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.
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 for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you. Review our privacy policy for more details on how we, Shopify, and our partners use your personal information. 

SECTION 11 - FEEDBACK

 If you submit, upload, post, email, or otherwise transmit any 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 for any purpose, including for commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve and promote the Services and to perform 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 Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.
We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property 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 further agree that your Feedback will not contain libelous or otherwise unlawful, abusive or obscene Feedback, or contain 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, pretend to be someone 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 make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS 

Information on or within the Services may occasionally contain typographical errors, inaccuracies or omissions relating to product descriptions, contents, file formats, compatibility, pricing, promotions, availability or digital delivery.

We reserve the right to correct errors, inaccuracies or omissions and to update information or cancel an affected order where information was materially inaccurate, including after an order has been submitted. If we cancel a paid order because of such an error, we will refund the amount paid for the cancelled order.

SECTION 13 - PROHIBITED USES

You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (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 harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the 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) 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 Personal Operating System, Shopify or users of the Services, or expose them to liability. 
In addition, except as expressly permitted under Section 6 or under a separate written product licence, you agree not to: (a) upload or transmit viruses or other malicious code that may affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any unauthorised portion of the Services or any digital product; (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 or extraction tool, automated device, AI agent or other automated or manual process to access the Services in a manner prohibited by these Terms; or (f) interfere with, bypass or circumvent security, access-control, authorisation or robot-exclusion measures. We reserve the right to suspend, disable or terminate your account or licence if we reasonably determine that you have violated these Terms.

SECTION 14 - AGENTS

 14.1 This section ("Agent Terms") applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity and that can be executed on behalf of or using persons device, without direct supervision.
14.2 No Agent may access, use, or interact with Services unless, at all times, it identifies itself and operates in strict accordance with the requirements in section 14.4 below. In addition, no Agent may access, use, or interact with 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, whether and how any Agent accesses, uses, and interacts with Services.
14.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the name of the Agent by including the following in the request's user agent string: "Agent"; (ii) not conceal or obfuscate that any access, use, or interactions are from an Agent, such as by (a) mimicking human behavior and interaction patterns, or (b) completing or circumventing CAPTCHAs or measures intended to distinguish computer use from humans, (iii) respond truthfully to any question or prompt seeking to determine if interactions are coming from a human or a computer, (iv) not circumvent or otherwise avoid any measure 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) in 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 will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 16 - DISCLAIMER OF WARRANTIES

Information presented on or through the Services is made available for general informational and organisational purposes. We do not guarantee that the information or any digital product will be suitable for every user, circumstance or objective. You are responsible for deciding whether a product is appropriate for your needs and for how you implement or rely on it.

We do not guarantee any particular personal, professional, productivity, organisational, financial or business result from using our Services or digital products.

TO THE FULLEST EXTENT PERMITTED BY LAW, AND EXCEPT FOR ANY WARRANTY, CONDITION, CONSUMER GUARANTEE OR OTHER RIGHT THAT CANNOT LAWFULLY BE EXCLUDED, THE SERVICES AND DIGITAL PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED.

WE DO NOT GUARANTEE THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT EVERY DIGITAL PRODUCT WILL BE COMPATIBLE WITH SOFTWARE, HARDWARE OR SERVICES THAT WERE NOT IDENTIFIED AS COMPATIBLE IN THE APPLICABLE PRODUCT DESCRIPTION.

Nothing in these Terms excludes or limits any statutory right or remedy relating to digital content that is faulty, not as described, not of satisfactory quality or otherwise does not conform to the applicable contract, where that right or remedy cannot lawfully be excluded.

SECTION 17 - LIMITATION OF LIABILITY 

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL Personal Operating System, 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 ANY OF THE SERVICES OR ANY PRODUCTS PROCURED 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 Personal Operating System, 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 any third party due to or arising out of (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 indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims, 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, such determination shall not affect 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 constitutes the entire agreement and understanding between you and us and governs 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 any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and 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 you Services shall be governed by and construed in accordance with the federal and state or territorial courts in the jurisdiction where Personal Operating System is headquartered. You and Personal Operating System consent to venue and personal jurisdiction in 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 review the most current version of the 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 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 be 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.

SECTION 25 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at support@personaloperatingsystem.io.