Terms of service

Terms of Service

OVERVIEW

Welcome to Sotto Voce! The terms "we", "us" and "our" refer to [LEGAL BUSINESS NAME], trading as Sotto Voce. Sotto Voce 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"). Sotto Voce is powered by Shopify, which enables us to provide the Services to you.

The terms and conditions below, together with any policies referenced in them (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 our 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, province or country of residence, and that 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 of the products or services we offer, you may be asked to provide certain information, such as your email address and your billing, payment and shipping information. You represent and warrant that all the information you provide in our store is correct, current and complete, and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all of your account activity. 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 store. However, colors and product appearance may differ from how they appear on your screen, depending on the device you use to access the store and its settings and configuration.

We do not warrant that the appearance or quality of any products or services you purchase will meet your expectations or be the same as depicted or rendered in our online store, except as set out in our 30-morning guarantee and Refund Policy.

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 we may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

Not a medical device. The Sotto Voce band is a vibrating alarm. It is not a medical device, and it is not intended to diagnose, treat, cure, prevent or improve any medical condition, including any sleep disorder. No alarm can guarantee that it will wake every person. If you regularly sleep through alarms, we recommend speaking with a doctor. Any temperature reading shown by the band is not a medical measurement and should not be relied on for health decisions. The band is not waterproof; please remove it before showering, bathing or swimming.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. Sotto Voce reserves the right to accept or decline your order for any reason, at its discretion. Your order is not accepted until Sotto Voce confirms acceptance, and we must receive and process your payment before your order is accepted. Please review your order carefully before submitting it, as Sotto Voce may be unable to accommodate cancellation requests after an order is accepted. If we do not accept, change or cancel an order, we will attempt to notify you using the email address, billing address and/or phone number provided at the time the order was made.

Your purchases are subject to return or refund solely in accordance with our Refund Policy.

You represent and warrant that your purchases are for your own 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 it will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.

Prices posted in our online store may differ from prices offered in physical stores, or in online or other stores operated by third parties. From time to time we may offer promotions that affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms of a promotion and these Terms, the promotion terms will govern.

Bundles and promotions. Unless a promotion states otherwise:

• Only one promotion or discount can be applied per order.
• Bundle offers, including "buy 1, get 1 free," apply to the order as a whole. A free item has no cash value and cannot be exchanged for cash.
• If you return a bundle or promotional order, you must return every item in it, including any free item. We cannot refund part of a bundle.
• Promotions are available while the promotion is running and may end at any time. The end date shown with a promotion is the date it ends.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and payment card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

You represent and warrant that (i) the payment card information you provide is true, correct and complete, (ii) you are duly authorized to use that card for the purchase, (iii) charges you incur will be honored by your card company, and (iv) you will pay the charges you incur at the posted prices, including shipping and handling charges and all applicable taxes, if any.

SECTION 5 - SHIPPING AND DELIVERY

We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing or events outside our control. Once we transfer products to the carrier, title and risk of loss pass to you.

International orders. We ship worldwide. Orders shipped outside the country we ship from may be subject to customs duties, import taxes and fees charged by the destination country. These charges are your responsibility unless they are included in your checkout total. Delivery times for international orders may be longer than the estimates shown for domestic orders.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video and audio, and the design, selection and arrangement of them, are owned by Sotto Voce, its affiliates or licensors, and are protected by U.S. and foreign patent, copyright and other intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Services without our prior written consent. Except as expressly provided in these Terms, nothing in them grants, or shall be construed as granting, a license or other rights to you under any patent, trademark, copyright or other intellectual property of Sotto Voce, Shopify or any third party. Unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted in these Terms are reserved by Sotto Voce.

Sotto Voce's names, logos, product and service names, designs and slogans are trademarks of Sotto Voce or its affiliates or licensors. You must not use these trademarks without the prior written permission of Sotto Voce. Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs and slogans on the Services are the trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS

You may be given access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control or input over.

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 have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should make sure that you are familiar with, and approve of, the terms on which the tools are provided by the relevant third-party provider(s).

We may also offer new features through the Services in the future, including new tools and resources. Such new features are also 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 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 to your purchase or use of any products, services, resources or content on any third-party websites. Please carefully review the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns or questions about third-party products and services should be directed to the third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Sotto Voce 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 Sotto Voce. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Sotto Voce, 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 Sotto Voce.

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. 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 with third parties that may be located in countries other than where you live, 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 that Feedback in any medium, for any purpose, including commercial use. For example, we may 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 these 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 you received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are not and will not be under any obligation (1) to keep your Feedback confidential; (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 that 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 rights. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive or obscene material, or 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 about the origin of any Feedback. You are solely responsible for any Feedback you make and for 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

Occasionally, information on or in the Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, product shipping charges, transit times 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 inaccurate, at any time and without prior notice, including after you have submitted your 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 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 Sotto Voce, Shopify or 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 will or may be used in any way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the Services; (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 tools, automatic devices or processes, AI tools (such as agentic AI) or other automated means to access the Services; or (f) interfere with, bypass or circumvent the security or authorization features, robot exclusion headers 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 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, 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 that person or using that 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 accordance with the requirements in 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, whether 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 name of the Agent by including the following in the request's user agent string: "Agent/[agent name]"; (ii) not conceal or obfuscate that any access, use or interaction is from an Agent, such as by (a) mimicking human behavior and interaction patterns, or (b) completing or circumventing CAPTCHAs or other measures intended to distinguish computer use from human use; (iii) respond truthfully to any question or prompt seeking to determine whether interactions are coming from a human or a computer; and (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 of them) in our sole discretion, at any time and 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 after 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

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of their contents.

Our products are covered by our 30-morning guarantee, as described in our Refund Policy. If a product doesn't work for you, or arrives damaged or defective, your remedy is a refund as set out in that policy.

EXCEPT AS EXPRESSLY STATED BY SOTTO VOCE, INCLUDING IN OUR 30-MORNING GUARANTEE AND REFUND POLICY, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 17 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL SOTTO VOCE, 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. THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS ARISING FROM OVERSLEEPING OR A MISSED ALARM.

SECTION 18 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Sotto Voce, 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 you will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of any such claim at your expense, including the choice of counsel, but we will not settle any claim requiring non-monetary obligations from you without your consent, which will not be unreasonably withheld. You will cooperate in the defense of indemnified claims, including by providing relevant documents.

SECTION 19 - SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service. Such a determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of that right or provision.

These Terms of Service, and any policies or operating rules posted by us on this site or in respect of the Services, constitute the entire agreement and understanding between you and us and govern your use of the Services, 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 attempt to do so 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 under which we provide you Services, are governed by the laws of the State of California, United States. You and Sotto Voce consent to venue and personal jurisdiction in the state and federal courts located in California.

Nothing in these Terms limits any rights you have under the mandatory consumer protection laws of the country or region where you live. If you are a consumer outside the United States, you may also be entitled to bring a claim in the courts of your country of residence.

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 take effect on the date specified in the notice. Your continued use of or access to the Services after any changes to these Terms of Service are posted constitutes acceptance of those changes.

SECTION 25 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at SottoVoceSupport@gmail.com.

Our contact information is below:

Sotto Voce, trading as Sotto Voce
SottoVoceSupport@gmail.com
Sawbuck, Irvine, California