Terms of service

Terms and Conditions

Overview
Welcome to Niche Mobile! The terms “we”, “us” and “our” refer to Niche Mobile. Niche Mobile operates this store and website, including all information, content, features, tools, products and services related to it, in order to provide you, as a customer, with a personalized shopping experience (the “Services”). Niche Mobile uses Shopify, which allows us to provide the Services to you.
The terms below, together with the policies referenced herein (the “Terms of Use” or “Terms”), describe your rights and responsibilities when you use the Services.
Please read these Terms carefully, as they contain important legal information, including warranty disclaimers and limitations of liability.
By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Use and our Privacy Policy [LINK]. If you do not agree to these Terms of Use or the Privacy Policy, you must not use or access our Services.

ARTICLE 1 - ACCESS AND ACCOUNT
By accepting these Terms of Use, you represent that you are at least the age of majority in your state or province of residence and you consent to allow your minor dependents to use the Services on devices you own, purchase, or manage.
To use the Services, including to access or browse our online store or purchase one of the products or services we offer, you may be asked to provide certain information such as your email address, billing, payment and shipping information. You represent and warrant that all information you provide in our stores is accurate, current and complete, and that you have all necessary rights to provide such information.
You are solely responsible for the security of your account credentials and for all activity associated with your account. You may not transfer, sell, assign or license your account to another person.

ARTICLE 2 - OUR PRODUCTS
We have made every effort to display our products and services accurately in our online store. However, please note that product colors or appearance may differ from what is shown on your screen due to the type of device you use to access the store, as well as its settings and configuration.
We do not guarantee that the appearance or quality of the products or services you purchased will meet your expectations or match exactly what is shown or rendered in our online store.
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 may limit the quantities of products offered to any person, geographic region or jurisdiction on a case-by-case basis.

ARTICLE 3 - ORDERS
When you place an order, you are making an offer to purchase. Niche Mobile reserves the right to accept or refuse your order for any reason at its discretion. Your order is only considered accepted once Niche Mobile confirms it in writing. We must receive and process your payment before your order is confirmed. Please review your order carefully before submitting it, as Niche Mobile may not be able to accept cancellation requests once the order has been confirmed. If your order is refused, modified or cancelled, we will attempt to contact you using the email address, billing address and/or phone number provided at checkout.
Your purchases are subject to return or exchange conditions in accordance with our Refund Policy [[LINK]].
You represent and warrant that your purchases are intended for personal or household use only and not for commercial resale or export.

ARTICLE 4 - PRICING 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 of order and will be stated in your order confirmation email. Unless otherwise expressly stated, prices shown do not include taxes, shipping fees, handling fees, customs duties or import charges.
Prices shown in our online stores may differ from those offered in our physical stores or on other online platforms operated by third parties. We may from time to time offer promotions on our Services that may affect pricing and are governed by separate terms and conditions. In the event of any conflict between the terms of a promotion and these Terms, the promotion terms will prevail.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made in our stores. You agree to promptly update your information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you if necessary.
You represent and warrant that: (i) your credit card information is accurate, correct and complete, (ii) you are authorized to use the card for the purchase, (iii) charges incurred will be honored by your card issuer, and (iv) you will pay all charges incurred at the displayed prices, including shipping and processing fees, as well as all applicable taxes.

ARTICLE 5 - SHIPPING AND DELIVERY
We cannot be held responsible for delivery or shipping delays. All delivery times provided are estimates and are not guaranteed. We disclaim any responsibility for delays caused by carriers, customs formalities or any event beyond our control. Once the products are handed over to the carrier, title and risk of loss transfer to you.

ARTICLE 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brand names, texts, displays, images, graphics, product reviews, videos and audio content, as well as their design, selection and arrangement, are the exclusive property of Niche Mobile, its affiliates or its licensors. They are protected by U.S. and foreign patent, copyright and intellectual property laws.
These Terms authorize you to use the Services for personal, non-commercial purposes only. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit any material from the Services without our prior written permission. Except as expressly provided herein, nothing shall be construed as granting you any license or other rights in any patent, trademark, copyright or other intellectual property of Niche Mobile, Shopify or any third party. Any unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted in these Terms are reserved by Niche Mobile.
The Niche Mobile names, logos, product and service names, designs and slogans are trademarks of Niche Mobile, its affiliates or its licensors. You may not use them without prior written permission from Niche Mobile. 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 appearing in the Services are trademarks of their respective owners.

ARTICLE 7 - OPTIONAL TOOLS
You may be able to use third-party customer tools through the Services, which we do not monitor and over which we have no control or input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without warranties, representations or conditions of any kind and without any endorsement. We disclaim any liability arising from or related to your use of optional third-party tools.
Use of optional tools offered on the site is entirely at your own risk and discretion. It is your responsibility to ensure that you are familiar with and agree to the applicable terms of the relevant third-party provider(s).
We may also, in the future, offer new features through the Services, including new tools and resources. Such new features will be considered part of the Services and subject to these Terms of Use.

ARTICLE 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties, including third-party embedded features. We are not responsible for reviewing or evaluating the content or accuracy of third-party materials or websites you choose to access. If you decide to leave the Services to access such materials or third-party websites, you do so at your own risk.
We disclaim any responsibility for harm or damages related to your access to third-party websites, or to the purchase or use of products, services, resources or content on such websites. Please carefully review the policies and practices of third parties and make sure you understand them before making any transaction. Complaints, claims, concerns or questions regarding third-party products and services should be directed to the third party concerned.

ARTICLE 9 - RELATIONSHIP WITH SHOPIFY
Niche Mobile is powered by Shopify, which enables us to provide the Services to you. However, any sale or purchase made through our Store is made directly with Niche Mobile. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and Niche Mobile, including any damage, injury or loss resulting from the products or services purchased. You hereby expressly release Shopify and its affiliates from any claim, damage and liability arising out of or related to your purchase and transaction with Niche Mobile.

ARTICLE 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, available here [LINK], and certain personal information may also be subject to Shopify’s Privacy Policy, available 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 regarding your access to and use of the Services in order to provide and improve the Services. The information you submit through the Services will be transmitted to and shared with Shopify, as well as with third parties that may be located in countries different from the one where you reside, in order to provide the services to you. Please refer to our Privacy Policy [LINK] for more details on how we, Shopify and our partners use your personal information.

ARTICLE 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 and non-exclusive license to use, reproduce, modify, publish, distribute and display such Feedback for any purpose, including commercial purposes. For example, we may exercise our rights under this license to operate, provide, evaluate, improve and promote the Services and to fulfill our obligations and exercise our rights under these Terms of Use.
You also represent and warrant that: (i) you own or otherwise have all rights necessary in the Feedback; (ii) you have disclosed any compensation or incentive received in connection with submitting your Feedback; (iii) your Feedback complies with these Terms. We are not and will not be under any obligation to (1) keep your Feedback confidential; (2) pay any compensation for your Feedback; or (3) respond to your Feedback.
We may, but are not obligated to, monitor, edit or remove any Feedback that we determine, in our sole discretion, to be unlawful, offensive, threatening, defamatory, libelous, pornographic, obscene or otherwise objectionable, or that violates the intellectual property rights of any party or these Terms of Service.
You agree that your Feedback will not infringe any third-party rights, including copyright, trademarks, data protection, personality rights or other personal or proprietary rights. You further agree that your Feedback will not contain defamatory, unlawful, abusive or obscene content, nor any computer virus or malicious software that could affect the operation of the Services or any related website. You may not use a false email address, impersonate another person, or mislead us or any third party as to the origin of any Feedback. You are solely responsible for your Feedback and its accuracy. We disclaim all liability for Feedback posted by you or any third party.

ARTICLE 12 - ERRORS, INACCURACIES AND OMISSIONS
The Services may occasionally contain information with typographical errors, inaccuracies or omissions, including product descriptions, prices, promotions, offers, shipping fees, transit times or product availability. We reserve the right to correct any error, inaccuracy or omission, and to change or update information or cancel orders if any information is inaccurate, at any time and without notice, including after you have submitted your order.

ARTICLE 13 - PROHIBITED USES
You may access and use the Services only for lawful purposes. It is strictly prohibited to access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) in violation of any international, federal, provincial, state or local regulation, rule or law; (c) in a manner that infringes the intellectual property rights of Niche Mobile, Shopify or third parties; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or injure any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, use or reuse any content that does not comply with these Terms; (g) to transmit or cause the sending of any advertising or promotional material, including “spam”, “chain letters”, “junk mail” or similar solicitations; (h) to impersonate any person or entity, or attempt to do so; (i) to engage in any behavior that may restrict or inhibit the use or enjoyment of the Services by others, or that, in our judgment, may harm Niche Mobile, Shopify, users of the Services or expose them to any liability.
In addition, you agree not to: (a) upload or transmit viruses or any other malicious code that may affect the operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any part of the Services; (c) collect or track other people’s personal information; (d) engage in spam, phishing, pharming or pretexting through the Services; (e) use robots, spiders, scraping tools, collection or extraction tools, automated devices, AI tools (including agentic AI), or any automated or manual means to access the Services; (f) interfere with, bypass or disable security or authorization features, robot exclusion headers or any other measures we implement to restrict access to the Services. We reserve the right to suspend, disable or terminate your account at any time and without notice if we determine that you have violated any provision of these Terms.

ARTICLE 14 - AGENTS
14.1 This section (“Agent Terms”) applies if you use, authorize, enable or cause an Agent to be deployed to access, use or interact with the Services. An “Agent” means any software or service acting autonomously or semi-autonomously on behalf of, or at the instruction of, a person or entity, and which may be run on a device owned or used by a person, without direct supervision.
14.2 No Agent may access, use or interact with the Services unless it identifies itself at all times and operates in strict compliance with the requirements set out in section 14.4 below. In addition, no Agent may access, use or interact with the Services if we have requested that Agent refrain from accessing, using or interacting with any service.
14.3 We may limit, including by technical means, the ability and manner in which an Agent accesses, uses and interacts with the Services.
14.4 Agents must: (i) in all HTTP/HTTPS requests, indicate that the request originates from an Agent and disclose the Agent’s name by including the following in the user-agent string: “Agent/[agent name]”; (ii) not conceal or mask the fact that access, use or interactions originate from an Agent, including by (a) mimicking human behavior or interaction patterns, or (b) bypassing or solving CAPTCHAs or measures intended to distinguish computer use from human use; (iii) honestly answer any question or prompt intended to determine whether interactions are from a human or a computer; (iv) not bypass or evade any measures intended to block, limit, modify or control Agent access, use or interactions with the Services.

ARTICLE 15 - TERMINATION
We reserve the right to terminate this agreement or your access to the Services (or any part thereof), at our sole discretion, at any time and without notice. You will remain liable for all amounts due up to and including the date of termination.
The following sections will survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provision that by its nature should survive termination.

ARTICLE 16 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is provided for informational purposes only. We do not guarantee the accuracy, completeness or usefulness of this information. Any reliance you place on this information is strictly at your own risk. We disclaim all responsibility and warranty for consequences arising from your use of this information by you, any other visitor of the Services, or any person informed of its content.
EXCEPT AS EXPRESSLY PROVIDED BY [MERCHANT], THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THEM ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY WARRANTY, REPRESENTATION OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES, SO THIS EXCLUSION MAY NOT APPLY TO YOU.

ARTICLE 17 - LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL [MERCHANT], OUR PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, SUPPLIERS OR LICENSORS, NOR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY DAMAGE, LOSS, CLAIM OR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, REVENUE, SAVINGS, DATA, REPLACEMENT COSTS OR ANY OTHER SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCT OBTAINED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING WITHOUT LIMITATION ANY ERROR OR OMISSION 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 THROUGH THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

ARTICLE 18 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Niche Mobile, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from and against any loss, damage, liability or claim, including reasonable attorneys’ fees, owed to any third party and arising out of (1) your breach of these Terms of Use or the documents they incorporate by reference, (2) your violation of any law or third-party rights, or (3) your access to and use of the Services.
We will notify you of any claim covered by this indemnity, provided that a failure to give prompt notice will not relieve you of your obligations unless you are materially prejudiced. We may assume the defense and settlement of any claim at your expense, including the choice of legal counsel, but we will not settle any claim involving non-monetary obligations on your part without your consent (which you may not unreasonably withhold). You will cooperate in the defense of claims covered by this indemnity, including by providing relevant documents.

ARTICLE 19 - SEVERABILITY
If any provision of these Terms of Use is found to be unlawful, void or unenforceable, that provision shall remain enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed from these Terms of Use. Such determination shall not affect the validity or enforceability of any remaining provisions.

ARTICLE 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 such right or provision.
These Terms of Use, together with any policies or rules of use posted by us on this site or relating to the Service, constitute the entire agreement and understanding between you and us, and govern your use of the Service. They supersede any prior or contemporaneous agreements, communications or proposals, whether oral or written, between you and us, including without limitation any prior versions of these Terms of Use.
Any ambiguity in the interpretation of these Terms of Use shall not be construed against the drafting party.

ARTICLE 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. Any unauthorized assignment attempt will be void and of no effect. We may transfer, assign or delegate these Terms and our rights and obligations without your consent or prior notice.

ARTICLE 22 - GOVERNING LAW
These Terms of Use, and any separate agreement under which we provide Services to you, shall be governed by and construed in accordance with the federal laws and laws of the state or territory of the courts having jurisdiction in the jurisdiction where Niche Mobile has its principal place of business. You and Niche Mobile expressly consent to the venue and personal jurisdiction of those courts.

ARTICLE 23 - HEADINGS
The headings used in this agreement are included for convenience only and shall not affect or limit the interpretation of these Terms.

ARTICLE 24 - CHANGES TO THE TERMS OF USE
You can review the latest version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms of Use by posting updates and changes on our website. It is your responsibility to periodically check our website 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 stated in the notice. Your continued use of or access to the Services after any changes are posted constitutes acceptance of those changes.

ARTICLE 25 - CONTACT INFORMATION
For any questions regarding these Terms of Use, please contact us at: nichemobileassistance@gmail.com

Contact details:
Niche Mobile
nichemobileassistance@gmail.com