This English translation is provided for reference only. In the event of any discrepancy between this translation and the Japanese original below, the Japanese original shall prevail.
Terms of Service
ATEMPO Terms of Service
Article 1 (Scope and Amendment of These Terms)
1. These terms (hereinafter, “these Terms”) set forth the conditions for using the services (hereinafter, “the Service”) provided on the website “ATEMPO” (https://atempo.design/; hereinafter, “the Site”) operated by lucky happy Co., Ltd. (hereinafter, “the Company”). Rules, regulations and the like concerning the Service that the Company posts on the Site from time to time shall form part of these Terms.
2. These Terms apply to the Company and to any person who uses the Service, such as by browsing the Site, accessing the Site directly or indirectly, or purchasing products through the Service (hereinafter, including “Members” as defined in Article 4, “Users”). For services the Company provides to Users other than the Service, the terms of use separately established by the Company for such services shall apply, and these Terms shall not apply unless otherwise provided in such terms.
3. The Company may amend these Terms at its discretion in any of the following cases:
(1) Where the amendment conforms to the general interests of Users
(2) Where the amendment does not contravene the purpose of the contract and is reasonable in light of the necessity of the amendment, the appropriateness of the amended content, the content of the amendment and other circumstances relating to the amendment
4. When amending these Terms under the preceding paragraph, the Company shall notify Users, for a reasonable period before the effective date of the amended Terms, of the fact that these Terms will be amended, the content of the amended Terms and their effective date, by posting on the Site or by any other method separately determined by the Company.
5. If a User uses the Service on or after the effective date of the amended Terms, the User shall be deemed to have agreed to the amended Terms.
6. If all or part of these Terms is amended, only the amended Terms shall apply to Users and the Company with respect to the use of the Service, and Users and the Company shall comply only with the amended Terms.
Article 2 (Use of the Service)
1. Users shall use the Service in accordance with laws and regulations, these Terms, the rules concerning the Service that the Company posts on the Site from time to time, the privacy policy separately established by the Company and other arrangements.
2. Users who are minors, adults under guardianship, persons under curatorship or persons under assistance may not use the Service unless the Service is operated by their legal representative or the prior consent of their legal representative has been obtained.
Article 3 (Content of the Service)
Users may perform the following acts through the Service:
(1) Browse the sales pages on the Site.
(2) Purchase products from the Company in accordance with the method prescribed by the Company.
(3) Use other services that the Company provides to Users through the Site.
Article 4 (Members)
1. In these Terms, “Member” means a User who has agreed to these Terms and registered as a member of the Service in accordance with these Terms.
2. Members may perform the following acts through the Service:
(1) Use the member information function (a function that allows a Member to view and use their registered name, address, email address and other registered information).
(2) Use other services that the Company provides to Members through the Site.
Article 5 (Member Registration)
1. A User who wishes to register as a member of the Service (hereinafter, an “Applicant”) shall, after agreeing to these Terms, apply for member registration (hereinafter, a “Registration Application”) from the member registration page of the Site in accordance with the method separately designated by the Company, by entering their name, postal code, address, email address and other information and setting a password. Minors, adults under guardianship, persons under curatorship and persons under assistance may not submit a Registration Application unless the settings and entries are made by their legal representative or the prior consent of their legal representative has been obtained.
2. Where a Registration Application is made from a personal computer, tablet or smartphone, the Company shall approve the Registration Application at the time the Applicant presses the member registration button.
3. Notwithstanding the preceding paragraph, the Company may decline to approve a Registration Application if it becomes clear that any of the following applies:
(1) The Applicant has been subject to cancellation of member registration or other measures due to a violation of the terms of a service currently or previously provided by the Company, its parent company, its subsidiaries or subsidiaries of its parent company (including the Company; hereinafter, the “Group Companies”) or for any other reason
(2) The information provided by the Applicant to the Company in the Registration Application contains false information
(3) The Applicant has failed to pay fees or other charges for services currently or previously provided by the Group Companies (including, but not limited to, failure to pay fees or other charges to a third party in accordance with a payment method separately approved by the Group Companies), or has committed a default such as failure to receive products, or refusal of returns or exchanges, over a long period without justifiable reason
(4) The Applicant has previously engaged in any act set forth in Article 19, Paragraph 1
(5) The Applicant has violated Article 20, Paragraph 1
(6) The Company reasonably determines that there is a risk that any of the above applies
(7) The Company otherwise reasonably determines that approving the Registration Application is inappropriate for the operation or management of the Service
Article 6 (Changes to Registered Information)
1. If there is any change to all or part of the information a Member has registered with the Company, such as name, address or email address, the Member shall promptly change the registered information by the method separately designated by the Company.
2. The Company shall not be liable for damages, compensation, indemnification or any other responsibility for any damage, loss, cost or disadvantage (hereinafter, “Damages”) incurred by a Member arising from or in connection with the Member’s failure to change registered information in accordance with the preceding paragraph.
Article 7 (Withdrawal Procedure)
A Member may withdraw from membership at any time by following the procedure separately established by the Company. A Member shall lose membership status at the time the Company receives the Member’s withdrawal application in accordance with these Terms.
Article 8 (Suspension of Use of the Service and Cancellation of Member Registration)
1. If it becomes clear that a User falls under any of the following, the Company may, without prior notice or demand to the User, suspend the User’s use of the Service, cancel the User’s member registration or take any other measures the Company deems appropriate:
(1) The User has been subject to suspension of use, cancellation of member registration or other measures due to a violation of the terms of a service currently or previously provided by the Group Companies or for any other reason
(2) The information provided by the User to the Company contains false information
(3) The User has failed to make payments for services currently or previously provided by the Group Companies (including, but not limited to, failure to make payments to a third party in accordance with a payment method separately approved by the Group Companies), or has committed a default such as failure to receive products, or refusal of returns or exchanges, over a long period without justifiable reason
(4) The User has violated these Terms (including minor violations, and including, but not limited to, violations of Article 19, Paragraph 1 and Article 20, Paragraph 1)
(5) The User has otherwise violated any terms established by the Group Companies
2. Users acknowledge that each case set forth in the preceding paragraph constitutes a serious reason for which the Service cannot be used.
3. Except in cases of willful misconduct or gross negligence by the Company, the Company shall not be liable for damages, compensation, indemnification or any other responsibility for Damages incurred by a User as a result of measures taken for the reasons set forth in Paragraph 1 of this Article.
Article 9 (Management of ID and Password)
1. Members shall, at their own responsibility, strictly manage and keep their own ID used to log in to the Service and other IDs (including IDs for other companies’ services linked to the Service, such as the mail server that manages order confirmation emails), email address and password (hereinafter, “Login Information”).
2. Members shall not allow a third party to use their Login Information, nor transfer, sell, succeed to, lend, disclose or leak it.
3. If a Member discovers that their Login Information is being used improperly by a third party, the Member shall immediately notify the Company and, where the Company gives instructions, follow such instructions.
4. If the Login Information transmitted in connection with access to the Site is identical to the Login Information registered with the Company at the time of the Registration Application or at the time of a change of Login Information after registration, the Company shall deem the transmission to have been made by that Member.
5. Members shall be responsible for any Damages arising from or in connection with insufficient management of their Login Information, errors or mistakes in its use, unauthorized use by a third party or any other violation of this Article, and except in cases of willful misconduct or gross negligence by the Company, the Company shall not be liable for damages, compensation, indemnification or any other responsibility.
Article 10 (Purchase of Products)
1. A User who wishes to purchase products through the Service shall apply for the purchase in accordance with the method designated by the Company.
2. A sales contract for the products shall be formed between the User and the Company at the time when, in connection with the application in the preceding paragraph, the User confirms the entered information and order details and clicks the order button on the Site, and thereafter an email from the Company confirming the order details reaches the User.
3. Notwithstanding the preceding paragraph, if a User has engaged in any improper or inappropriate act or violation of these Terms (including minor violations, and including, but not limited to, violations of Article 19, Paragraph 1 and Article 20, Paragraph 1) in connection with the use of the Service, the Company may cancel or terminate the sales contract, claim damages or take any other measures the Company deems appropriate. Except in cases of willful misconduct or gross negligence by the Company, the Company shall not be liable for damages, compensation, indemnification or any other responsibility for Damages incurred by the User as a result of such measures.
4. The Service (including, but not limited to, delivery addresses) is available within Japan and in the countries and regions separately designated by the Company on the Site.
5. For deliveries outside Japan, customs duties, import taxes, customs clearance fees and any other charges imposed in the destination country or region shall be borne by the User.
Article 11 (Payment Method)
1. When a User purchases products through the Service, the User shall pay the Company the price of the products (including consumption tax for customers in Japan) and shipping fees.
2. Payment for products shall be limited to a credit card in the User’s own name or other payment methods separately approved by the Company.
3. With respect to the payment set forth in the preceding paragraph, the User shall comply with the conditions separately agreed between the User and the payment service provider used by the User. If any dispute arises between the User and the payment service provider in connection with the payment, the User shall resolve such dispute at their own responsibility.
Article 12 (Transfer of Ownership)
Ownership of and risk of loss for the products shall pass to the User at the time the Company or a third party affiliated with the Company delivers the products to the carrier.
Article 13 (Returns, Exchanges, and Withdrawal and Cancellation of Orders)
1. The Company accepts returns of products only in any of the following cases:
(1) Where it is found that the product is a counterfeit or pirated product
(2) Where the quality of the product does not conform to the contract (meaning cases where the product has tears, fraying, color fading, mold or other damage, or differs from the description of the product’s quality on the sales page on the Site)
(3) Where products of a different type or quantity from those ordered have arrived
2. Users shall apply for returns in accordance with the procedure separately established by the Company. In any of the cases set forth in the items of the preceding paragraph, the Company shall bear the cost of return shipping and shall refund the price of the returned product at the time of purchase, together with the shipping fees and various handling fees incurred at the time of purchase, or exchange it for a replacement. Even if an exchange for a replacement is requested, an exchange may not be possible due to the product being out of stock or other reasons. However, where multiple products are ordered and only some of them are returned, the shipping fees and various handling fees incurred at the time of purchase will not be refunded.
3. If a User returns a product to the Company without justifiable reason (including, but not limited to, the return of a product not falling under any item of Paragraph 1, refusal of receipt and inability to receive), the Company shall notify the User without delay after receiving the product and request instructions from the User regarding receipt of the product, setting a reasonable period. When the Company receives instructions from the User regarding receipt of the product, it shall deliver the product in its current condition, and except in cases of willful misconduct or gross negligence by the Company, the Company shall not be liable for damages, compensation, indemnification or any other responsibility regarding the condition of the product (including, but not limited to, deterioration, deformation, wear, damage and decay). If the User requests the Company to deliver the product again, the shipping fees and other costs required for such delivery shall be borne by the User.
4. If no instructions are received from the User within the reasonable period set forth in the preceding paragraph, the Company may deem that the User has abandoned ownership and other rights to the product and may dispose of the product at its discretion by discarding it or by other means. Except in cases of willful misconduct or gross negligence by the Company, the Company shall not be liable for damages, compensation, indemnification or any other responsibility regarding such disposal.
5. Notwithstanding the preceding paragraph, if no instructions are received from the User within the reasonable period set forth in Paragraph 3, the Company may terminate the sales contract. In such a case, even if the User suffers Damages due to the termination, the Company shall not be liable for damages, compensation, indemnification or any other responsibility.
6. If a product returned by a User to the Company contains the User’s personal belongings (including, but not limited to, cash, credit cards and other cards, and keys), the Company shall notify the User without delay after receipt and request instructions from the User regarding receipt of such belongings, setting a reasonable period. When the Company receives instructions from the User regarding receipt of such belongings, it shall deliver them in their current condition at the User’s expense, and even if they are lost, damaged or soiled during delivery or while stored by the Company, the Company shall not be liable for damages, compensation, indemnification or any other responsibility except in cases of willful misconduct or gross negligence by the Company. If no instructions are received from the User within the reasonable period, the Company may deem that the User has abandoned ownership and other rights to such belongings and may dispose of them at its discretion by discarding them or by other means. The Company shall not be liable to the User for such disposal. If the User requests the Company to deliver such belongings, the shipping fees and other costs required for such delivery shall be borne by the User.
Article 14 (Disclaimer Regarding Products)
1. Except in cases of willful misconduct or gross negligence by the Company, the Company’s liability regarding the quality, material, function, performance, compatibility with other products or other defects of products sold through the Service shall be limited to that set forth in the preceding Article.
2. The Company makes no warranty whatsoever, including as to legality, validity, accuracy, certainty, safety, timeliness and completeness, regarding comments, images and other content concerning products posted by users of Instagram or other social networking services, and except in cases of willful misconduct or gross negligence by the Company, shall not be liable.
3. Except in cases of willful misconduct or gross negligence by the Company, the Company shall be released from the relevant obligations by contacting the contact details registered by the User and by delivering products to the address specified at the time of purchase.
Article 15 (Handling of Personal Information)
The Company shall handle Users’ personal information obtained in connection with the use of the Service in accordance with the “Privacy Policy” and other rules separately established by the Company.
Article 16 (Management of Information)
1. The Company may, at its discretion, freely use all or part of any images, text, designs, logos, videos, programs, ideas and any other information (hereinafter, “Content”) transmitted by Users in connection with the Service, on the Company’s sites and sites affiliated with the Company. The Company shall not be required to pay Users any money or other consideration whatsoever for using such Content.
2. The Company collects the following information for the purposes of investigating Users’ access history and usage, improving services for Users and other purposes of use set forth in the Cookie Policy separately established by the Company:
(1) Information regarding the IP address or the device identification number of the mobile terminal used when a User accesses the servers of the Service
(2) Users’ access information obtained by the Company through cookie technology (meaning technology that temporarily writes data to the user’s computer via a web browser to record and store the date and time the User last visited a site, the number of visits to that site and the like)
Article 17 (Suspension or Discontinuation of the Service)
The Company may suspend or discontinue the provision of all or part of the Site and the Service without prior notice or demand to Users in any of the following cases:
(1) In the event of fire, earthquake, flood, lightning, heavy snow or other natural disasters
(2) In the event of war, civil war, terrorism, riots, disturbances, serious epidemics or other social unrest
(3) Where the Company cannot receive appropriate services from the telephone company, transportation company or provider with which it has a contract
(4) Where an event occurs that the Company cannot technically address
(5) In the case of regular or emergency maintenance of the computer system for providing the Service (hereinafter, the “System”)
(6) Where operation of the System becomes difficult due to System failure, unauthorized access by a third party, computer virus infection or the like
(7) In the case of the enactment, amendment or abolition of laws and regulations, or a request from an administrative or judicial authority based on reasonable grounds
(8) Where the Company otherwise reasonably determines that suspension or discontinuation of the System is unavoidably necessary
Article 18 (Disclaimers Regarding the Service)
1. Where the Company provides links from the Service to other websites or resources, or links from third-party websites or resources to the Service, the Company makes no warranty and assumes no responsibility regarding the content, use and results (including, but not limited to, legality, validity, accuracy, certainty, safety, timeliness and completeness) of the linked or linking websites or resources. If the Company reasonably determines that the content of a linked website or resource violates laws and regulations or is inappropriate for the management or operation of the Service, the Company may delete the link without any notice or demand to Users.
2. Where a transaction (including, but not limited to, participation in promotions such as prize campaigns) takes place between a User and an advertiser or promoter through an advertisement (including, but not limited to, prize advertisements) or promotion posted in the Service, the User shall conduct such transaction at their own judgment and responsibility, and the Company shall not be liable. The Company makes no warranty and assumes no responsibility regarding payment for such transactions, determination of contract terms, warranties, liability for defects, the existence of licenses or any other content and conditions.
3. The Company shall not be liable for the suspension or discontinuation of the Service in any of the cases set forth in the items of Article 17 or otherwise due to force majeure.
4. The Company shall perform its obligations and be released from them by processing matters in accordance with the information registered by the User.
5. If a User causes Damages to another User or a third party through the use of the Service, such User shall resolve the matter at their own responsibility and expense and shall not cause any Damages to the Company.
6. Notwithstanding the provisions of these Terms, with respect to Damages incurred by a User arising from or in connection with the Service due to reasons attributable to the Company, except where the Company has acted with willful misconduct or gross negligence, the Company shall be liable only for ordinary and direct Damages actually incurred by the User, up to the amount equivalent to the price of the product that caused such Damages.
Article 19 (Prohibited Acts)
1. Users shall not engage in any of the following acts:
(1) Acts that cause, or may cause, nuisance or Damages to other Users, third parties other than Users, or the Company
(2) Acts that infringe, or may infringe, the copyrights or other intellectual property rights, portrait rights, personality rights, privacy rights, publicity rights or other rights of other Users, third parties other than Users, or the Company
(3) Using the Service for commercial purposes (except where approved in advance by the Company)
(4) Acts contrary to public order and morals, or other acts that violate, or may violate, laws and regulations
(5) Registering information that contains false or misleading content
(6) Using Content provided by the Company in the Service beyond the scope of private use
(7) Reproducing, selling, publishing, distributing, making public or engaging in similar acts with respect to Content obtained through the Service, via other Users or third parties other than Users
(8) Collecting, accumulating or storing the personal information of other Users
(9) Uploading to the Service, or transmitting by email or other means, computer viruses, computer code, files or programs designed to interfere with, destroy or limit the functionality of computer software, hardware or communication equipment
(10) Accessing the Service or obtaining information about the Service by crawling (programs such as crawlers, robots or spiders), scraping or other similar means
(11) Placing a load on the servers by using unauthorized programs, scripts or the like
(12) The same User registering multiple memberships (including, but not limited to, registering separately from a personal computer, mobile phone or smartphone)
(13) Excessively canceling orders or returning products
(14) Acts that damage or undermine the Company’s credibility, or other acts the Company reasonably determines to be inappropriate
2. Users shall compensate for all Damages incurred by the Company or third parties arising from or in connection with a violation of the preceding paragraph (including minor violations).
Article 20 (Exclusion of Anti-Social Forces)
1. Users shall represent and warrant to the Company the following:
(1) That they are not an organized crime group, a company related to an organized crime group, a corporate racketeer or a person equivalent thereto, or a member thereof (hereinafter, “Anti-Social Forces”).
(2) Where the Applicant or User is a corporation, that its officers (meaning partners executing business, directors, executive officers or persons equivalent thereto) are not Anti-Social Forces.
(3) That they do not allow Anti-Social Forces to use their name, nor use the Service for the benefit of Anti-Social Forces.
(4) That they will not, by themselves or through a third party, engage in threatening words or actions or acts of violence against the Company, or acts that obstruct the Company’s business or damage its credibility by fraudulent means or force.
2. If a User violates the preceding paragraph, the Company may, without any notice or demand to the User, terminate the sales contract for products with the User, delete the User’s member registration or take other measures set forth in these Terms.
3. Except where the Company has acted with willful misconduct or gross negligence, the Company shall not be liable for damages, compensation, indemnification or any other responsibility for Damages incurred by the Applicant or User arising from or in connection with the measures in the preceding paragraph. In addition, the User shall compensate the Company for Damages incurred by the Company arising from or in connection with the violation of Paragraph 1.
Article 21 (Intellectual Property Rights)
1. The copyrights and other intellectual property rights in Content provided through the Service shall belong exclusively to the Company and the Content providers.
2. Regardless of purpose, if any unauthorized reproduction, unauthorized reprinting or other unauthorized secondary use of Content by a User, or any other act prohibited by laws and regulations, including copyright laws in Japan and abroad, is discovered, the Company may immediately take legal action.
3. If any dispute arises between a User and a third party due to a violation of this Article, the User shall resolve it at their own responsibility and expense and shall not cause any Damages to the Company. In the unlikely event that the Company incurs Damages, the User shall compensate for all such Damages.
Article 22 (Severability)
Even if all or part of any provision of these Terms is held invalid or illegal, such invalidity or illegality shall in no way affect the other provisions of these Terms or their interpretation and application, shall not impair their legality and validity, and shall not render them invalid.
Article 23 (Prohibition of Assignment)
Users shall not assign, transfer, succeed to, provide as security or otherwise dispose of all or part of their rights and obligations or claims and debts under these Terms to a third party, except with the prior written consent of the Company. If the Company transfers the business related to the Service to a third party (regardless of the form, such as a business transfer or company split), the Company may transfer to the transferee its rights and obligations under these Terms or under sales contracts formed based on these Terms, as well as Users’ member registration information and other customer information, and Users shall be deemed to have consented in advance to such transfer under this Article.
Article 24 (Miscellaneous)
1. If any problem arises regarding the Service that cannot be resolved by these Terms or by the Company’s guidance or response, the Company and the User shall resolve it through sincere discussion between both parties.
2. These Terms shall be governed by the laws of Japan.
3. The Tokyo District Court shall have exclusive agreed jurisdiction as the court of first instance for any disputes arising in connection with these Terms.
Established March 1, 2026
Revised October 15, 2026
lucky happy Co., Ltd.
Japanese original (official version)
日本語原文(正式版)
利用規約
Overview
Welcome to ATEMPO! The terms "we", "us" and "our" refer to ATEMPO. ATEMPO 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"). ATEMPO is powered by Shopify Inc., Shopify Commerce Singapore Pte. Ltd or Shopify International Limited, depending on where ATEMPO is located, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these "Terms of Service") 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 Privacy Policy, you should not use or access our Services. These Terms of Service do not limit any rights you may have under applicable consumer protection laws or any other non-waivable statutory rights.
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.
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. 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.
3. Orders
When you place an order, you are making an offer to purchase and authorize us and our payment processors to charge your selected payment method for the total amount of your order. ATEMPO reserves the right to accept or decline your order for any reason at its discretion, subject to applicable law. Your order is not accepted until ATEMPO confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as ATEMPO 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 may 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 return and refund policy. This does not limit any rights you may have under applicable law. You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.
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 of Service. If there is a conflict between the terms for a promotion and these Terms of Service, 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 (1) you are authorized to use the payment method you provide, (2) that the information you provide for such payment method is true, correct and complete, (3) charges incurred by you will be honored by the provider of your payment method, and (4) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.
5. Shipping and delivery
Except as otherwise stated, 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. To the fullest extent permitted by applicable law, title and risk of loss pass to you when we transfer products to the carrier, unless applicable law provides otherwise. We are not responsible for delays or failures caused by events beyond our reasonable control, including carrier or customs delays, natural disasters, severe weather, labor disputes, supply shortages, utility or telecommunications outages, cyber incidents, governmental actions, or other similar events. See our shipping policy for more details.
6. Intellectual property
Our Services, including but not limited to all trademarks, brands, text, images, graphics, product reviews, video, and audio are owned by ATEMPO, its affiliates or licensors and are protected by U.S. and foreign trademark, copyright and other intellectual property laws. Similarly, the product listings are managed and owned by ATEMPO. The purchase or delivery of any product does not grant or confer any intellectual property rights, including any patent, copyright, trademark, or other proprietary right, in or to the product, its design, software, or underlying technology. All such rights remain exclusively with ATEMPO or the original rights holder. 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 herein, nothing in these Terms of Service grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of ATEMPO, Shopify or any third party. Unauthorized use of the Services may violate applicable intellectual property or other laws. All rights not expressly granted herein are reserved by ATEMPO. ATEMPO's names, logos, product and service names, designs, and slogans are trademarks of ATEMPO or its affiliates or licensors. You must not use such trademarks without the prior written permission of ATEMPO. 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.
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.
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 to 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.
9. Relationship with Shopify
ATEMPO is powered by Shopify, which enables us to provide the Services to you. When you use the Services, your device communicates with Shopify’s systems to deliver the Services. Section 10 explains how Shopify uses and processes information from these interactions. However, any sales and purchases you make in our Store are made directly with ATEMPO. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and ATEMPO, 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 ATEMPO.
10. Privacy policy
Our privacy policy explains how we may collect, use, and disclose certain personal information from your use of the Services. By using the Services, you acknowledge that you have read this privacy policy. Because the Services are hosted by Shopify, as you browse and interact with the Services, Shopify collects, uses, processes, and stores personal information about your access to and use of the Services, including information about your transaction. Shopify may use this information for purposes including but not limited to providing, securing, and improving the Services; processing transactions; and helping prevent fraud on this website and on other websites that are powered by Shopify. Information collected when you visit or use the Services, including information collected automatically about your browsing activity, 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 and Shopify’s privacy policy for more details on how we, Shopify, and our partners use your personal information.
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: (1) you own or have all necessary rights to all Feedback; (2) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (3) your Feedback will comply with these Terms of Service. We are and shall be under no obligation (a) to maintain your Feedback in confidence; (b) to pay compensation for your Feedback; or (c) 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.
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 errors, inaccuracies, or omissions, and to change or update information or cancel orders if information is inaccurate, including after an order is submitted. If we cancel an order after payment has been collected, we will issue any refund required by applicable law.
13. Prohibited uses
13.1 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 of Service; (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 ATEMPO, Shopify or users of the Services, or expose them to liability.
13.2 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.
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 a person's 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: (a) 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]"; (b) not conceal or obfuscate that any access, use, or interactions are from an Agent, such as by (i) mimicking human behavior and interaction patterns, or (ii) completing or circumventing CAPTCHAs or measures intended to distinguish computer use from humans, (c) respond truthfully to any question or prompt seeking to determine if interactions are coming from a human or a computer, (d) 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.
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.
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 ATEMPO, 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.
17. Limitation of liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL ATEMPO, 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. NOTHING IN THESE TERMS OF SERVICE EXCLUDES OR LIMITS LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
18. Indemnification
You agree to indemnify, defend and hold harmless ATEMPO, 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.
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. Nothing in these Terms limits any rights you may have under applicable consumer protection laws or other laws that cannot be waived by contract. If any part of these Terms conflicts with those rights, those rights will apply.
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.
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.
22. Governing law
These Terms are governed by the laws of the jurisdiction where ATEMPO is headquartered or incorporated, without regard to conflict-of-law principles. You and ATEMPO consent to the jurisdiction and venue of the courts located in that jurisdiction, except where prohibited by applicable law. You and ATEMPO consent to venue and personal jurisdiction in such courts. Nothing in this section limits any rights you may have to bring claims in your local courts or rely on mandatory laws that apply in your place of residence.
23. Translations
The Terms of Service may be available in languages other than English. To the extent of any inconsistencies or conflicts between these English Terms of Service and Terms of Service available in another language, the most current English version of the Terms of Service will prevail. Any disputes arising out of these Terms of Service will be resolved in English unless otherwise determined by ATEMPO (acting in its sole discretion) or as required by applicable law.
24. Headings
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
25. Electronic communications
By using the Services or placing an order, you agree that we may send you transactional and service-related communications electronically, including by email, in-account notice, or posting on the Services. These communications may relate to your orders, account, purchases, returns, these Terms of Service, or other Services-related matters. You are responsible for keeping your contact information current.
26. 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 of Service 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.
27. Contact information
Questions about the Terms of Service should be sent to us at info@atempo.design.
Our contact information is posted in our contact information policy.
