Terms of service

Welcome to EVE Tape. These Terms of Service govern your use of the EVE Tape website, online store, products, and related services.

Throughout these Terms, “EVE Tape,” “we,” “us,” and “our” refer to EVE Tape. “You” and “your” refer to the person accessing or using our Services.

EVE Tape operates this website and online store, including its content, features, tools, products, and services (collectively, the “Services”). Our Services are powered by Shopify.

Please read these Terms carefully before using our website or placing an order. By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy.

If you do not agree with these Terms, please do not use or access our Services.

These Terms should be read together with our Returns & Refund Policy and Privacy Policy.

1. Access and Accounts
By using our Services, you confirm that you are legally permitted to enter into these Terms under the laws applicable to you.
If you create an account or place an order, you may be required to provide information such as your name, email address, billing information, payment information, and shipping address.
You agree that the information you provide is accurate, current, and complete and that you will update it when necessary.
You are responsible for maintaining the confidentiality of your account credentials and for activity carried out through your account.
You must not sell, transfer, assign, or otherwise allow another person to use your account without our permission.

2. Health Disclaimer, Contraindications, and Proper Product Use
– Not a Medical Device: EVE Tape is intended solely as an over-the-counter wellness and cosmetic lip accessory designed to support nighttime lip hydration and encourage gentle oral closure. It is not a medical device, is not regulated to treat, diagnose, or cure any disease or sleep disorder, and is not a substitute for clinical treatment of obstructive sleep apnea (OSA), snoring disorders, or chronic respiratory disease. If you suspect you have a medical condition, consult a qualified medical professional before use.
– Strict Safety Contraindications (Do Not Use If): EVE Tape is strictly intended for healthy adults capable of unobstructed, independent nasal breathing. Do not use EVE Tape if you:
    – Suffer from nasal congestion, cold symptoms, sinus infections, seasonal allergies, or any temporary obstruction impairing nasal airflow
    – Have been diagnosed with severe obstructive sleep apnea, asthma, chronic bronchitis, emphysema, or other chronic respiratory conditions
    – Have consumed alcohol, sedatives, sleeping pills, or central nervous system depressants prior to sleep
    – Have low resting blood pressure, cardiac irregularities, or are prone to vomiting
    – Are unable to easily and independently remove the strip by yourself (including children, incapacitated individuals, or those with impaired motor skills)
    – Have broken, irritated, sunburned, or sensitive skin directly around the lips
– Voluntary Assumption of Risk: By purchasing and using EVE Tape, you acknowledge that applying adhesive materials over the mouth involves inherent risks if used improperly or contrary to these warnings. You expressly agree that you voluntarily assume all risk of personal injury, respiratory distress, suffocation, allergic reaction, or skin irritation resulting from: (a) application during nasal congestion or respiratory impairment; (b) use under the influence of sedatives, alcohol, or medications; or (c) failure to discontinue use upon experiencing discomfort, shortness of breath, or adverse reactions.

3. Our Products
We make reasonable efforts to ensure that product descriptions, images, specifications, and other information displayed on our website are accurate.
However, the appearance of products may vary depending on your device, screen, browser, or other technical settings.
We do not guarantee that colours, images, or other visual representations displayed on your device will exactly match the physical product.
Product descriptions, specifications, availability, and pricing may be updated or changed from time to time.
We reserve the right to discontinue products or limit the quantity of products available for purchase, subject to applicable law.

4. Orders and Acceptance
When you place an order through our website, you are submitting an offer to purchase the products in your order.
An order confirmation email confirms that we have received your order. It does not necessarily mean that your order has been accepted.
We reserve the right to accept, reject, or cancel an order where permitted by law, including where:
– A product is unavailable
– There is an error in the product description or price
– We suspect fraudulent or unauthorised activity
– We are unable to process your payment
– An order appears to have been placed for resale or other unauthorised purposes
– We are required to do so for legal or regulatory reasons
If we cancel an order after payment has been taken, we will refund the amount paid for the cancelled order.
Please review your order carefully before submitting it. Once an order has been processed or shipped, we may be unable to accommodate cancellation requests.
Returns and refunds are governed by our Returns & Refund Policy.
Unless otherwise agreed, products purchased through our website are intended for personal or household use and not for unauthorised resale or commercial distribution.

5. Prices, Payment and Billing
All prices displayed on our website are subject to change.
The price charged for your order will generally be the price displayed at the time you place your order and will be shown in your order confirmation.
Unless expressly stated otherwise, prices may not include applicable taxes, duties, customs charges, or shipping charges.
You are responsible for providing accurate and complete billing, payment, shipping, and contact information.
By submitting payment information, you confirm that:
– The information provided is accurate and complete
– You are authorised to use the payment method
– You authorise us or our payment providers to process the applicable charges
– You agree to pay all applicable amounts associated with your purchase
We reserve the right to correct pricing, product, or promotional errors where permitted by law.

6. Promotions and Discounts
From time to time, we may offer promotional codes, discounts, sales, or other special offers.
Promotions may be subject to additional terms and conditions.
Unless otherwise stated, promotional offers cannot be combined and may be limited to one use per customer.
We reserve the right to modify or end a promotion at any time, subject to applicable law.
If the terms of a specific promotion conflict with these Terms, the terms of that promotion will apply to the extent of the conflict.

7. Subscription Orders
If you choose to purchase EVE Tape through a subscription, you agree to recurring payments and shipments at the frequency selected at checkout.
Your subscription will automatically renew according to the subscription schedule until you cancel it.
You are responsible for cancelling your subscription before the next scheduled renewal date if you no longer wish to receive recurring orders.
Subscriptions can be cancelled through the customer subscription portal or by contacting us at contact@evetape.com.
Cancelling your subscription stops future recurring orders and charges. It does not automatically cancel an order that has already been processed.
If a subscription payment has already been successfully processed and the order has been prepared for dispatch or shipped before the subscription is cancelled, cancellation of the subscription will not automatically cancel that order.
The customer remains responsible for an order that has already been processed and shipped, subject to our Returns & Refund Policy and any applicable consumer rights.
The 30-Night Guarantee applies only to the customer’s initial EVE Tape purchase and does not apply to subscription renewal orders or subsequent purchases.

8. Shipping and Delivery
We aim to process and dispatch orders within the timeframe stated on our website or during checkout.
Delivery times are estimates and may vary depending on the destination, shipping method, carrier, customs processing, weather, or other circumstances outside our reasonable control.
Customers are responsible for providing an accurate delivery address.
Where applicable, customers may be responsible for customs duties, import taxes, or other charges imposed by the destination country.
Nothing in these Terms excludes any rights or remedies relating to delivery that cannot legally be excluded.

9. Intellectual Property
All content contained on or made available through our Services, including but not limited to:
– EVE Tape trademarks and logos
– Product names and designs
– Text
– Images
– Graphics
– Videos
– Audio
– Product descriptions
– Reviews
– Website design and layout
– Other original content
is owned by EVE Tape, its affiliates, licensors, or other respective owners and is protected by applicable intellectual property laws.
You may use our Services for personal, non-commercial purposes.
You may not reproduce, copy, modify, distribute, sell, publish, display, create derivative works from, or otherwise exploit our content without our prior written permission, except where permitted by law.
Nothing in these Terms grants you ownership of or a licence to use EVE Tape’s trademarks, logos, designs, or other intellectual property except as expressly permitted.
EVE Tape names, logos, product names, designs, and slogans may be trademarks of EVE Tape or its licensors.
Shopify names, logos, and trademarks belong to Shopify.
All other trademarks belong to their respective owners.

10. Third-Party Tools and Services
Our Services may include functionality, applications, tools, payment services, shipping services, analytics services, or other features provided by third parties.
We do not necessarily control or monitor these third-party services.
Third-party services are provided according to the terms and policies of the relevant third-party provider.
Where permitted by law, EVE Tape is not responsible for losses arising solely from your use of third-party services that we do not control.
Your use of third-party services is subject to the relevant provider’s terms and policies.

11. Third-Party Websites and Links
Our Services may contain links to websites or services operated by third parties.
These links are provided for convenience and do not necessarily constitute an endorsement of those websites, products, or services.
We are not responsible for the content, privacy practices, security, availability, or policies of third-party websites that we do not control.
If you choose to access a third-party website or purchase a third-party product or service, you do so at your own discretion and should review the applicable terms and privacy policy.

12. Relationship With Shopify
EVE Tape is powered by Shopify, which provides the technology and infrastructure that enables us to operate our online store.
However, purchases made through our store are transactions between you and EVE Tape.
Shopify is not responsible for the products sold by EVE Tape or for the fulfilment of orders placed through our store.
To the extent permitted by law, you agree that Shopify and its affiliates are not responsible for claims arising directly from products purchased from EVE Tape.

13. Privacy
Your use of our Services is also governed by our Privacy Policy, which explains how we collect, use, store, and share personal information.
By using our Services, you acknowledge that you have reviewed our Privacy Policy.
Because our store is powered by Shopify, Shopify may independently process certain personal information in connection with providing its services.
For more information, please review our Privacy Policy and Shopify’s applicable privacy policies.

14. Customer Reviews and Feedback
If you submit, upload, post, email, or otherwise provide us with reviews, comments, suggestions, photographs, ideas, or other content relating to EVE Tape or our Services (“Feedback”), you grant EVE Tape a non-exclusive, worldwide, royalty-free licence to use, reproduce, modify, publish, distribute, display, and otherwise use that Feedback for business, marketing, promotional, and operational purposes.
You confirm that:
– You own or have permission to provide the Feedback
– Your Feedback does not infringe the rights of another person
– Your Feedback is not unlawful, misleading, defamatory, abusive, obscene, or otherwise objectionable
– Your Feedback does not contain malicious software or other harmful code
– You are not impersonating another person when submitting Feedback
We may remove or refuse to publish Feedback that we reasonably believe violates these Terms or applicable law.
We are not required to maintain Feedback in confidence, compensate you for Feedback, or respond to Feedback.

15. Errors and Inaccuracies
Occasionally, our Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, prices, promotions, availability, shipping information, or other content.
We reserve the right to correct errors, update information, modify product details, or cancel affected orders where permitted by law.
If an order is cancelled because of an error, we will refund any payment received for the cancelled order.

16. Prohibited Uses
You may use our Services only for lawful purposes.
You must not use our Services to:
– Violate any applicable law or regulation
– Commit fraud or other unlawful activity
– Infringe intellectual property or other rights
– Harass, threaten, abuse, or harm another person
– Submit false or misleading information
– Impersonate another person or business
– Distribute spam or malicious content
– Upload viruses, malware, or other harmful code
– Attempt to gain unauthorised access to our systems
– Interfere with the operation or security of our Services
– Scrape, copy, extract, or collect website content or customer information without our permission
– Use automated systems to access our Services in a way that circumvents technical restrictions or reasonable access controls
– Resell or commercially exploit our Services without our written permission
We may suspend or terminate access to our Services where we reasonably believe that these Terms have been violated or where necessary to protect our customers, business, systems, or legal rights.

17. Automated Access and Agents
You may not use automated software, bots, agents, crawlers, or similar technology to access or interact with our Services in a manner that:
– Circumvents technical restrictions
– Overloads or interferes with our Services
– Collects information without permission
– Misrepresents automated activity as human activity
– Bypasses security or access controls
We may implement technical measures to limit or prevent automated access to our Services.

18. Termination
We may suspend or terminate your access to our Services where permitted by law, including where you breach these Terms or engage in activity that may harm EVE Tape, our customers, or our Services.
Termination does not affect any rights or obligations that arose before termination.
Provisions relating to intellectual property, Feedback, privacy, limitations of liability, indemnification, governing law, and any other provisions that by their nature should continue will survive termination.

19. Disclaimer of Warranties
To the fullest extent permitted by applicable law, our Services are provided on an “as available” basis.
We do not guarantee that our website or Services will always be available, uninterrupted, secure, or error-free.
We do not guarantee that information provided through our Services will always be complete, accurate, or current.
Except where expressly stated otherwise, and to the extent permitted by applicable law, we disclaim warranties that cannot legally be excluded, including implied warranties relating to merchantability, fitness for a particular purpose, durability, title, and non-infringement.
Nothing in these Terms excludes or limits warranties or rights that cannot legally be excluded or limited.

20. Limitation of Liability
To the fullest extent permitted by applicable law, EVE Tape and its affiliates, officers, directors, employees, agents, contractors, service providers, and licensors will not be liable for indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, savings, data, or business opportunities arising from your use of our Services or products.
Without limiting the foregoing, EVE Tape, its owners, and its affiliates expressly disclaim all liability for any personal injury, respiratory distress, suffocation, or adverse health events resulting from the use of our products in violation of the safety contraindications and instructions outlined in Section 2.
To the extent permitted by applicable law, our total liability arising from your purchase or use of a product or our Services will not exceed the amount you paid to EVE Tape for the specific product or service giving rise to the claim.
Nothing in these Terms limits or excludes liability that cannot legally be limited or excluded, including liability for fraud or other liability that applicable law does not permit us to exclude.

21. Indemnification
To the extent permitted by applicable law, you agree to indemnify and hold harmless EVE Tape, its affiliates, officers, directors, employees, agents, contractors, licensors, and service providers from claims, losses, damages, liabilities, and reasonable legal expenses arising from:
– Your breach of these Terms
– Your violation of applicable law
– Your infringement of another person’s rights
– Your misuse of our Services
This provision does not apply to the extent that the claim or loss results from EVE Tape’s own unlawful conduct or liability that cannot legally be transferred to you.

22. Severability
If any provision of these Terms is found to be unlawful, invalid, or unenforceable, that provision will be enforced to the fullest extent permitted by law and the remaining provisions will remain in effect.

23. Waiver and Entire Agreement
Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or our right to enforce it later.
These Terms, together with our Privacy Policy, Returns & Refund Policy, and any other policies expressly incorporated into these Terms, constitute the agreement between you and EVE Tape regarding your use of our Services.
They supersede previous agreements, communications, and understandings relating to the same subject matter.

24. Assignment
You may not transfer or assign your rights or obligations under these Terms without our prior written consent.
We may assign or transfer our rights and obligations under these Terms in connection with a merger, acquisition, sale of assets, corporate restructuring, or similar transaction, or as otherwise permitted by law.

25. Governing Law
These Terms will be governed by the laws applicable to EVE Tape’s principal place of business, except where mandatory consumer protection laws require the laws of your jurisdiction to apply.
Where permitted by applicable law, disputes will be subject to the jurisdiction of the courts located in the applicable jurisdiction of EVE Tape’s principal place of business.
Nothing in this section prevents a consumer from exercising mandatory rights available under the laws of their place of residence.

26. Changes to These Terms
We may update these Terms from time to time to reflect changes to our Services, business practices, or legal requirements.
The most current version will always be available on our website.
When we make material changes, we will update the “Last updated” date and provide any additional notice required by applicable law.
Your continued use of our Services after updated Terms are posted constitutes acceptance of the updated Terms to the extent permitted by law.

27. Contact Information
If you have any questions about these Terms of Service, please contact us:
EVE Tape
Email: contact@evetape.com
Address: 6823 Fort Hamilton Pkwy, STE 280, Brooklyn, NY 11219