Terms of service

Terms of Service
EverSmooth™ Terms of Service
Last Updated: 8/23/2025

Overview. Welcome to EverSmooth (“EverSmooth,” “we,” “us,” “our”). We operate this website and online store, including all related information, content, features, tools, products, and services (the “Services”). The Services are hosted by Shopify.
These Terms of Service (“Terms”), together with policies referenced here (e.g., Return & Refund Policy, Shipping Policy, Privacy Policy), govern your access to and use of the Services. By using the Services, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Services.

1. Access & Account
   You represent you are the age of majority in your state or province of residence and you consent to use by any minor dependents on devices you own or manage. You agree to provide accurate, current, and complete information and to keep your credentials secure. You are responsible for all activity under your account.

2. Our Products
   We strive to describe and display products accurately, but actual colors, finishes, and packaging may vary by device and settings. We may change, limit, or discontinue products at any time and may limit quantities by person, household, or address.

3. Orders
   Your order is an offer to buy. We may accept or decline any order for any reason. We must receive and process payment before acceptance. Review your order carefully; cancellations may be unavailable once processing begins. Purchases are subject to our Return & Refund Policy. You represent purchases are for personal/household use and not for resale or export.

4. Prices & Billing
   Prices, promotions, and discounts may change without notice. Posted prices typically exclude taxes, duties, and shipping unless stated. You authorize us (and our processors) to charge your payment method for all amounts due and represent that the information you provide is true and you are authorized to use it.

5. Shipping & Delivery
   Delivery windows are estimates, not guarantees. Title and risk of loss pass to you upon our delivery to the carrier. We are not liable for delays caused by carriers, customs, or events outside our control.

6. Health, Safety & Medical Disclaimer (Important)
   Cosmetic use only. Our pore-care device(s) (including EverSmooth PoreLift™) are not medical devices and are not intended to diagnose, treat, cure, or prevent any disease or medical condition. Information on the Services is for general informational purposes and is not medical advice.
   Follow instructions. Always read and follow all instructions, warnings, and usage guidelines included with your product. Start on the lowest setting, keep the tip moving, and use as directed.
   Do not use on broken, bleeding, irritated, infected, or sunburned skin. Discontinue use if pain, excessive redness, burning, or bleeding occurs.
   Consult a physician before use if you have diabetes, neuropathy, poor circulation, a skin condition, are pregnant, have implanted medical devices, or have concerns about skin sensitivity.
   Patch/spot test where applicable and limit use to the frequency stated in the manual.
   You acknowledge that improper use may cause temporary redness, irritation, marks, or other injury, and you agree to use the products only as directed.

7. Assumption of Risk; Release
   To the fullest extent permitted by law, you knowingly assume all risks associated with selecting and using our cosmetic devices and accessories. EverSmooth is not responsible for harm arising from misuse, failure to follow instructions, modifications, or use on contraindicated skin conditions. You release EverSmooth and its affiliates from claims arising out of such misuse or failure to follow directions.

8. Battery & Charging Safety
   Recharge only with the supplied cable or a certified USB-C charger meeting local standards. Do not charge near water, while sleeping, or on flammable surfaces. Do not disassemble, puncture, or expose the device or battery to excessive heat. If a device is damaged, wet, swollen, or overheats, stop using and unplug immediately.

9. Results & Testimonials
   Before/after photos and testimonials reflect individual experiences; results vary by skin type, frequency, technique, and care. Illustrative content is not a guarantee of outcome.

10. Intellectual Property
    The Services and their contents—including trademarks (e.g., EverSmooth™, PoreLift™, ClearVac™), text, graphics, icons, images, video, and software—are owned by EverSmooth or its licensors and protected by law. You may use the Services for personal, non-commercial purposes only. No rights are granted except as expressly stated.

11. Optional Tools & Third-Party Links
    We may provide access to third-party tools and links “as is” and “as available,” without warranties or endorsement. Your use is at your own risk and subject to the third party’s terms.

12. Relationship with Shopify
    EverSmooth is powered by Shopify, but your purchases are with EverSmooth, not Shopify. You agree Shopify is not responsible for your transactions with us and you release Shopify and its affiliates from claims related to those transactions.

13. Privacy
    Our collection and use of personal information are described in our Privacy Policy and, where applicable, Shopify’s privacy policy. By using the Services, you consent to those practices.

14. Feedback & User Content
    By submitting reviews, ideas, or other content (“Feedback”), you grant EverSmooth a worldwide, perpetual, irrevocable, royalty-free, sublicensable license to use, reproduce, modify, publish, and display such Feedback in any media for any lawful purpose.

15. Errors & Omissions
    We may correct errors, inaccuracies, or omissions and change or update information at any time without notice.

16. Prohibited Uses
    You may not use the Services to violate law; infringe intellectual property or privacy rights; transmit malware, spam, or illegal content; scrape, crawl, or interfere with security; or otherwise harm EverSmooth, Shopify, or others. We may suspend or terminate access for violations.

17. Termination
    We may suspend or terminate your access at any time. Sections that should survive termination will survive (including Health & Safety, Assumption of Risk, IP, Disclaimers, Limitation of Liability, Indemnification, and Dispute Resolution).

18. Disclaimer of Warranties
    Except as expressly provided in writing, the Services and products are provided “as is” and “as available.” We disclaim all warranties, express or implied, to the fullest extent permitted by law.

19. Limitation of Liability
    To the fullest extent permitted by law, EverSmooth and its affiliates will not be liable for indirect, incidental, special, consequential, or punitive damages. Our total liability for direct damages will not exceed the amount you paid for the product or service giving rise to the claim in the 12 months preceding the event or USD $100, whichever is greater. Some jurisdictions do not allow certain limitations; where prohibited, liability is limited to the maximum extent permitted by law.

20. Indemnification
    You agree to indemnify, defend, and hold harmless EverSmooth, Shopify, and their affiliates from claims, damages, losses, liabilities, costs, and expenses arising from your breach of these Terms, misuse of the Services or products, or violation of law or third-party rights.

21. Dispute Resolution; Arbitration & Class-Action Waiver
    Informal resolution. Before filing a claim, email hello@tryeversmooth.com with “Dispute” in the subject and a description of your claim. We’ll try to resolve within 30 days.
    Arbitration. If not resolved, any dispute will be resolved by binding arbitration under applicable rules. You may bring claims in small-claims court if eligible.
    No class actions. You and EverSmooth agree to arbitrate on an individual basis only.
    Opt-out. You may opt out of arbitration by emailing hello@tryeversmooth.com within 30 days of your first use or purchase.

22. Severability
    If any provision is held unlawful or unenforceable, it will be severed, and the remaining provisions remain in force.

23. Waiver; Entire Agreement
    Our failure to enforce any right is not a waiver. These Terms, together with incorporated policies, are the entire agreement.

24. Assignment
    You may not assign these Terms without our prior written consent. We may assign our rights and obligations without notice.

25. Governing Law
    These Terms are governed by the laws of the state where EverSmooth is headquartered and applicable federal law. You consent to jurisdiction in those courts.

26. Headings
    Headings are for convenience and do not affect interpretation.

27. Changes to Terms
    We may update these Terms at any time by posting a revised version with an updated “Last Updated” date. Continued use constitutes acceptance.

28. Contact
    Questions about these Terms: hello@tryeversmooth.com