Terms of service
Terms of Service
MEDICAL AND DIETARY SUPPLEMENT DISCLAIMER
The products and claims made about specific products on or through this site
have not been evaluated by the United States Food and Drug Administration and
are not approved to diagnose, treat, cure, or prevent any disease.
The Services and our content are provided for informational and educational
purposes only and are not intended as a substitute for advice from your physician
or other health care professional. You should not use the information on this site
for diagnosis or treatment of any health problem. Always consult with a
healthcare professional before starting any new dietary supplement, especially if
you are pregnant, nursing, taking prescription medications, or if you have or
suspect you might have a health problem. Information and statements regarding
our products are not intended to replace medical advice.
OVERVIEW
Welcome to Paucal! The terms "we", "us" and "our" refer to Paucal. Paucal 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"). Paucal 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 [LINK]. 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 stores or purchasing
any 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 the information you provide in our stores 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 stores. However, please note that colors or product appearance
may differ from how they may appear on your screen due to the type of device you use
to access the store and your device settings and configuration.
We do not warrant that the appearance or quality of any products or services purchased
by you will meet your expectations or be the same as depicted or rendered in our online
stores. Our products are formulated to serve as an internal foundation for skincare
routines; however, individual results will vary. We make no guarantees regarding
specific aesthetic, dermatological, or health outcomes.
All descriptions of products 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 any products that we offer to any person, geographic region or jurisdiction,
on a case-by-case basis.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. Paucal reserves the
right to accept or decline your order for any reason at its discretion. We reserve the
right to refuse service, cancel orders, or limit quantities to anyone, for any reason,
at any time, including suspected unauthorized commercial resale or suspected
fraud. Your order is not accepted until Paucal confirms acceptance. We must receive
and process your payment before your order is accepted. Please review your order
carefully before submitting, as Paucal may be unable to accommodate cancellation
requests after an order is accepted. In the event that we do not accept, make a change
to, or cancel an order, we will attempt to notify you by contacting the e‑mail, billing
address, and/or phone number provided at the time the order was made.
Your purchases are subject to return or exchange solely in accordance with our Refund
Policy [LINK].
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 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 stores may be different from prices offered in physical stores
or in online or other stores operated by third parties. We may offer, from time to time,
promotions on the Services that may affect pricing and that are governed by terms and
conditions separate from these Terms. If there is a conflict between the terms for a
promotion and these Terms, the promotion terms will govern.
You agree to provide current, complete and accurate purchase, payment and account
information for all purchases made at our stores. You agree to promptly update your
account and other information, including your email address, credit card numbers and
expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, correct,
and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii)
charges incurred by you will be honored by your credit card company, and (iv) you will
pay charges incurred by you 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 passes to you.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images,
graphics, product reviews, video, and audio, as well as clinical messaging,
proprietary formulas, formulation briefs, and the aesthetic design, selection, and
arrangement thereof, are owned by Paucal, 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, scrape, or transmit any of the
material on the Services without our prior written consent. Except as expressly provided
herein, nothing in these Terms grants or shall be construed as granting a license or
other rights to you under any patent, trademark, copyright, or other intellectual property
of Paucal, Shopify or any third party. Unauthorized use of the Services may be a
violation of federal and state intellectual property laws. All rights not expressly granted
herein are reserved by Paucal.
Paucal's names, logos, product and service names, designs, and slogans are
trademarks of Paucal or its affiliates or licensors. You must not use such trademarks
without the prior written permission of Paucal. 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 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
[NOTE TO MERCHANT: This section accurately characterizes Shopify's relationship
with your store and should not be removed or modified.]
Paucal 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 Paucal.
By using the Services, you acknowledge and agree that Shopify is not responsible for
any aspect of any sales between you and Paucal, 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 Paucal.
SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy,
which can be viewed here [LINK], 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
[LINK] 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
Occasionally there may be information on or in the Services that contain typographical
errors, inaccuracies or omissions that may relate 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 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 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 Paucal, 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 and
extraction tools, automatic devices or processes, AI tools (such as agentic AI) or
automated or manual 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 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/[agent name]"; (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
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 its contents.
EXCEPT AS EXPRESSLY STATED BY Paucal, 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 Paucal, 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. IN NO EVENT SHALL OUR
MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU
FOR THE PRODUCT(S) GIVING RISE TO THE CLAIM.
SECTION 18 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Paucal, 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 laws of the
State of California, United States. You and Paucal consent to the exclusive
jurisdiction and venue of the state and federal courts located in California.
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@paucalskin.com.