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TERMS OF SERVICE

Last updated: August 31, 2026

OVERVIEW

This website and online store are operated by NOVACCHI LLC (“NOVACCHI,” “we,” “us,” or “our”). NOVACCHI offers this website, including its information, content, features, tools, products, and related services (collectively, the “Services”), to you conditioned upon your acceptance of these Terms of Service (“Terms”).

Our online store is hosted by Shopify, which provides the ecommerce platform that enables us to offer and sell our products. Purchases made through this website are transactions directly between you and NOVACCHI LLC.

These Terms apply to everyone who accesses or uses the Services, including browsers, customers, account holders, and individuals who submit content or communicate with us. By accessing the website, creating an account, or purchasing a product, you agree to these Terms and the policies incorporated into them.

Please review these Terms carefully. If you do not agree with them, do not access or use the Services.

Our related policies are available at:

Privacy Policy: https://www.novacchi.com/policies/privacy-policy

Shipping & Delivery: https://www.novacchi.com/pages/shipping

Returns & Warranty: https://www.novacchi.com/pages/returns

Refund Policy: https://www.novacchi.com/policies/refund-policy

SECTION 1 — ELIGIBILITY, ACCESS, AND ACCOUNTS

By using the Services, you represent that you are at least the age of majority in your state, province, or country of residence. If you permit a minor to use the Services through a device or account you own or control, you accept responsibility for that use to the extent permitted by law.

You agree to provide complete, accurate, and current information when creating an account, placing an order, requesting support, or otherwise using the Services. You are responsible for maintaining the confidentiality of your account credentials and for activity performed through your account. Please notify us promptly at hello@novacchi.com if you suspect unauthorized access.

You may not sell, transfer, assign, or license your account to another person. We may refuse service, suspend access, or close an account where reasonably necessary to protect customers, prevent fraud, comply with law, or address a violation of these Terms.

SECTION 2 — PRODUCTS AND PRODUCT INFORMATION

We make reasonable efforts to present our products accurately. Product photographs, colors, finishes, proportions, and other visual details may appear differently depending on lighting, screen settings, device type, production variation, and other factors.

Product measurements, weights, battery-life estimates, compatibility information, water-resistance ratings, and performance descriptions are provided for general reference. Actual battery life and performance may vary based on settings, connected features, signal conditions, application use, charging habits, environmental conditions, and individual usage.

Water-resistance ratings vary by product. You must follow the rating, care instructions, and limitations stated on the applicable product page or owner’s manual. Water resistance is not permanent and can diminish through ordinary wear, impact, improper charging, exposure to heat, or damage to seals. Unless expressly stated otherwise, our products are not intended for diving, high-pressure water activities, sauna use, or exposure to hot water.

We may update product descriptions, specifications, packaging, included accessories, prices, or availability when reasonably necessary, provided that any material change will not apply retroactively to an order we have already accepted without your consent. We may discontinue a product or limit quantities by customer, household, region, or order.

SECTION 3 — GENERAL WELLNESS AND MEDICAL DISCLAIMER

NOVACCHI smartwatches, smart bracelets, companion applications, and related features are designed for general wellness, lifestyle, and informational purposes. Unless a product is expressly identified otherwise, they are not medical devices.

Readings and estimates involving heart rate, blood oxygen, blood pressure, sleep, stress, steps, calories, activity, menstrual cycles, fertile windows, and other wellness information may be incomplete, delayed, or inaccurate. These features are not intended to diagnose, treat, cure, monitor, or prevent any disease or medical condition.

Do not rely on a NOVACCHI product or companion application for medical diagnosis, contraception, pregnancy planning, medication changes, treatment decisions, or emergency monitoring. Product readings are not a substitute for professional medical advice or clinically validated equipment.

Consult a qualified healthcare professional regarding medical symptoms, concerns, or decisions. If you believe you may be experiencing a medical emergency, contact emergency services immediately.

SECTION 4 — ORDERS AND ORDER ACCEPTANCE

Submitting an order is an offer to purchase the products shown in your order. An automated order confirmation acknowledges receipt but does not necessarily mean that we have accepted the order. An order is accepted when payment is successfully processed and we confirm or begin fulfillment.

Please review your products, quantities, color selections, sizing, shipping address, email address, and other order information before submitting the order.

We may decline, limit, or cancel an order for legitimate reasons, including:

• Product unavailability;

• An obvious pricing or product-information error;

• Inability to verify payment or delivery information;

• Suspected fraud, unauthorized payment, or unlawful activity;

• Quantity limits or suspected unauthorized resale;

• Shipping restrictions or legal requirements; or

• A violation of these Terms.

If we cancel an order after payment has been collected, we will issue a refund to the original payment method for the canceled amount.

Products are sold for personal or household use unless we approve a separate wholesale or commercial arrangement in writing. You may not purchase products for unauthorized resale, fraudulent export, or unlawful use.

SECTION 5 — CANCELLATIONS AND ORDER CHANGES

You may request an order cancellation or correction within 12 hours after placing the order by emailing hello@novacchi.com with your order number.

We will make reasonable efforts to accommodate the request, but cancellation or modification is not guaranteed once an order has entered processing or shipped. If the order can no longer be canceled, you may request a return after delivery in accordance with our Returns & Warranty and Refund Policies.

Changing an address directly with a carrier does not guarantee successful delivery and may affect our ability to assist with a lost or misdelivered shipment.

SECTION 6 — PRICES, CURRENCIES, TAXES, AND DUTIES

Prices, discounts, and promotions may change without notice. The price applicable to your purchase is the price displayed at checkout when you submit your order, subject to correction of an obvious error before acceptance.

Depending on your selected country or market, prices may be displayed and charged in different currencies. Your bank, card issuer, or payment provider may apply its own conversion rate or foreign-transaction fee. Those third-party fees are not charged or controlled by NOVACCHI.

Applicable sales, use, value-added, goods and services, or similar taxes may be calculated and collected where required. Any tax treatment shown at checkout is based on the information available at the time of purchase.

NOVACCHI currently provides complimentary worldwide shipping and covers customs duties or import taxes assessed through the ordinary delivery process, as described in our Shipping & Delivery Policy. If a carrier requests payment of customs duties or import taxes before releasing your shipment, contact hello@novacchi.com before making payment so we can assist.

You remain responsible for charges resulting from inaccurate information you provide, refusal or failure to accept delivery, prohibited imports, or fees that are not customs duties or import taxes, to the extent permitted by law.

SECTION 7 — PAYMENT

You agree to provide current, complete, and accurate billing and payment information. You represent that you are authorized to use the payment method submitted and authorize us and our payment providers to charge the total shown at checkout.

Payments may be processed by Shopify Payments or another payment provider. We generally do not directly store complete payment-card numbers. Payment providers process payment information according to their own terms and privacy practices.

Your order may be delayed, declined, or canceled if payment cannot be authorized, if information cannot be verified, or if the transaction is identified as potentially unauthorized or fraudulent.

SECTION 8 — SHIPPING AND DELIVERY

Orders are generally processed within one to three business days. Delivery times shown on our website are estimates rather than guarantees and may vary based on destination, carrier operations, customs processing, weather, holidays, high-volume periods, address issues, and events outside our reasonable control.

Current delivery estimates, tracking information, and international shipping details are available at:

https://www.novacchi.com/pages/shipping

Once an order ships, tracking information will be sent to the email address associated with the order when available. Tracking updates may pause while packages move between facilities or carriers.

You are responsible for providing a complete and accurate delivery address and for monitoring tracking information. Contact us promptly if you notice an address or delivery problem.

Risk of loss transfers to you when the order is delivered to the delivery address you provided or to another location you expressly authorized. If you instruct a carrier to leave a shipment in a particular location, redirect it, or deliver it without a signature, delivery in accordance with those instructions constitutes delivery to the extent permitted by law.

Nothing in this section limits any rights you may have under applicable consumer-protection law for goods lost or damaged before delivery.

SECTION 9 — RETURNS, REFUNDS, AND WARRANTY

Eligible products may be returned within 30 days after delivery in accordance with our Returns & Warranty and Refund Policies:

https://www.novacchi.com/pages/returns

https://www.novacchi.com/policies/refund-policy

A return must be initiated through hello@novacchi.com before it is shipped. We will provide the correct return facility and instructions. Do not mail returns to the address printed on the original parcel or to our correspondence address unless we expressly instruct you to do so.

For a standard change-of-mind return, the customer is responsible for return shipping. If we confirm that a product arrived defective, damaged, or incorrect, NOVACCHI will cover reasonable return-shipping costs through the instructions or label we provide.

Returned products must satisfy the conditions stated in the applicable policy. A deduction or partial refund may apply where permitted by law if an item is returned damaged, modified, incomplete, or in a condition materially different from how it was received.

Approved refunds are issued to the original payment method. The time for funds to appear after we process a refund depends on the customer’s bank or payment provider.

NOVACCHI watches include a one-year limited warranty against covered manufacturing defects beginning on the date of delivery. Product-specific coverage, exclusions, remedies, defect-arrival procedures, and applicable band coverage are explained in our Returns & Warranty Policy. Water damage is covered only where the circumstances fall within the product’s specific water-resistance rating and care instructions.

Our written warranty and return policies are in addition to, and do not replace or restrict, non-waivable rights available under applicable consumer law.

SECTION 10 — COMPANION APPLICATIONS AND DEVICE COMPATIBILITY

Certain NOVACCHI products require or support a third-party companion application, which may include Da Fit, GloryFitPro, NX Wear, or another application identified on the applicable product page or owner’s manual.

The availability and operation of a third-party application may depend on the application provider, mobile device, operating system, permissions, Bluetooth connection, location settings, internet access, and software updates. Third-party providers may update, change, restrict, or discontinue their applications or individual functions.

Your use of a companion application is also governed by that provider’s terms and privacy policy. Review the requested permissions and applicable privacy information before connecting your product or enabling features involving notifications, contacts, location, health information, or other device data.

We do not own or control third-party applications and cannot guarantee their uninterrupted availability. This section does not limit any responsibility NOVACCHI may have under applicable law if a purchased product fails to conform materially to its advertised description.

SECTION 11 — OPTIONAL TOOLS AND THIRD-PARTY SERVICES

The Services may provide access to tools, payment options, applications, social-media features, tracking services, or other functionality provided by third parties. We do not control every aspect of those third-party services.

Your use of a third-party service is at your discretion and may be governed by additional terms and privacy policies. We are not responsible for the independent acts, omissions, content, or security practices of third-party providers, except where responsibility cannot lawfully be excluded.

We may introduce new features, tools, or resources. Unless separate terms are provided, those additions form part of the Services and are subject to these Terms.

SECTION 12 — THIRD-PARTY LINKS

The Services may contain links to websites or resources operated by third parties. A link does not necessarily mean that NOVACCHI endorses or controls the third-party website, product, content, or service.

We are not responsible for examining or guaranteeing the accuracy, availability, legality, or practices of third-party websites. Review a third party’s applicable policies before providing information or completing a transaction with it.

Questions or claims concerning a product or service purchased directly from a third party should be directed to that third party.

SECTION 13 — RELATIONSHIP WITH SHOPIFY

Shopify provides the ecommerce technology used to host and support the Services. However, products purchased through this store are sold by NOVACCHI LLC, not Shopify.

To the fullest extent permitted by applicable law, Shopify is not responsible for NOVACCHI products, order fulfillment, customer support, warranties, returns, refunds, or claims arising from a transaction directly between you and NOVACCHI.

SECTION 14 — PRIVACY

Our collection, use, and disclosure of personal information are described in our Privacy Policy:

https://www.novacchi.com/policies/privacy-policy

Because Shopify hosts our store, Shopify and other service providers may process personal information needed to operate the Services, process transactions, prevent fraud, provide support, and improve the shopping experience.

If you opt to receive marketing emails or text messages, you may unsubscribe using the instructions in the message. Transactional communications concerning an order, account, return, warranty request, or customer-service matter may still be sent when necessary.

SECTION 15 — INTELLECTUAL PROPERTY

The Services and their content—including NOVACCHI names, logos, product names, designs, photographs, graphics, videos, text, layouts, product descriptions, and other materials—are owned by or licensed to NOVACCHI LLC and are protected by applicable intellectual-property laws.

We grant you a limited, revocable, non-exclusive, non-transferable right to access and use the Services for lawful personal and non-commercial purposes.

Without our prior written permission, you may not reproduce, modify, distribute, publish, display, transmit, scrape, commercially exploit, create derivative works from, or otherwise use protected content, except where applicable law expressly permits such use.

NOVACCHI names, logos, designs, and slogans may not be used in a manner likely to cause confusion, imply endorsement, or misrepresent an association with us.

SECTION 16 — REVIEWS, FEEDBACK, AND USER CONTENT

If you submit a review, photograph, video, suggestion, testimonial, comment, or other content to us or through the Services (“User Content”), you retain any ownership rights you have in that content.

You grant NOVACCHI LLC a worldwide, non-exclusive, royalty-free, transferable, and sublicensable license to use, reproduce, adapt, publish, display, distribute, and promote that User Content in connection with our business and Services, subject to applicable law and our Privacy Policy.

You represent that:

• You own or have permission to submit the User Content;

• The content is truthful and reflects your genuine experience;

• The content does not violate another person’s intellectual-property, privacy, publicity, or other rights;

• The content is not unlawful, defamatory, abusive, deceptive, or malicious; and

• You will clearly disclose any discount, free product, payment, or other incentive connected with your review where required.

We may moderate or remove User Content that violates these Terms, but we are not obligated to monitor every submission. We will not materially alter a customer review in a way that misrepresents the reviewer’s opinion.

SECTION 17 — PROHIBITED USES

You may use the Services only for lawful purposes. You may not:

• Violate any applicable law, regulation, or another person’s rights;

• Submit false, fraudulent, misleading, or unauthorized information;

• Use stolen payment credentials or impersonate another person;

• Infringe intellectual-property, privacy, or publicity rights;

• Upload or transmit malware, viruses, destructive code, or harmful material;

• Attempt to bypass security, access controls, rate limits, or fraud-prevention systems;

• Interfere with the operation or security of the Services;

• Collect another person’s information without authorization;

• Send spam, phishing messages, or unauthorized solicitations;

• Scrape, crawl, copy, or extract content or data for unauthorized commercial purposes;

• Use the Services for unlawful resale, export, or fraudulent chargeback activity; or

• Harass, threaten, abuse, defame, or harm another person.

We may restrict or terminate access where we reasonably determine that a person has violated these Terms, created a security or fraud risk, or used the Services unlawfully.

SECTION 18 — ERRORS AND CORRECTIONS

Occasionally, the Services may contain typographical errors, inaccurate information, or omissions involving product descriptions, availability, pricing, promotions, shipping estimates, or other details.

We may correct an error or update information when discovered. If a material error affects an order already placed, we will contact you where reasonably possible and provide an appropriate option, which may include confirming the corrected terms or canceling the affected item for a refund.

We will not use this section to reduce rights or benefits that have already become binding under applicable law.

SECTION 19 — AVAILABILITY AND TERMINATION

We do not guarantee that every website feature will always be available or uninterrupted. Maintenance, technical problems, network conditions, security events, or circumstances outside our reasonable control may temporarily affect the Services.

We may suspend or terminate access to the Services if you materially violate these Terms, engage in suspected fraud or unlawful conduct, or create a security risk.

Termination does not affect rights or obligations that arose before termination. Provisions that by their nature should continue—including intellectual property, User Content licenses, disclaimers, limitations of liability, indemnification, governing law, and payment obligations—will survive.

SECTION 20 — WARRANTIES AND DISCLAIMERS

NOVACCHI’s express limited warranty and applicable product guarantees are described in our Returns & Warranty Policy. Nothing in these Terms excludes an express written warranty or a warranty, guarantee, remedy, or consumer right that cannot lawfully be excluded.

Subject to those rights, the website, its general informational content, and online functionality are provided on an “as available” basis. To the fullest extent permitted by law, we do not guarantee that the website will be uninterrupted, completely secure, error-free, or compatible with every device, browser, or network.

Except for warranties expressly provided by NOVACCHI or required by law, we disclaim implied warranties to the extent they may lawfully be disclaimed, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

Some jurisdictions do not permit certain warranty exclusions. In those jurisdictions, these exclusions apply only to the maximum extent permitted by applicable law.

SECTION 21 — LIMITATION OF LIABILITY

Nothing in these Terms excludes or limits liability for fraud, fraudulent misrepresentation, willful misconduct, gross negligence where it cannot lawfully be limited, death or personal injury caused by negligence, breach of non-waivable consumer rights, or any other liability that applicable law does not permit us to exclude or limit.

To the fullest extent permitted by law, NOVACCHI LLC and its officers, employees, agents, contractors, affiliates, licensors, and service providers will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, or for lost profits, lost revenue, loss of data, or loss of opportunity, arising from the Services or a product.

To the fullest extent permitted by law, NOVACCHI’s total liability for a claim relating to a particular product or order will not exceed the amount you paid to NOVACCHI for the product or order giving rise to the claim.

These limitations apply regardless of the legal theory asserted, but only to the extent permitted by applicable law. Some jurisdictions do not allow certain exclusions or limitations, in which case those provisions will apply only to the maximum extent permitted.

SECTION 22 — INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify and hold harmless NOVACCHI LLC and its officers, employees, agents, contractors, and service providers from third-party claims, liabilities, damages, and reasonable costs arising directly from:

• Your unlawful or unauthorized use of the Services;

• Your material breach of these Terms;

• Your infringement of a third party’s rights; or

• User Content you submit.

This obligation does not apply to the extent a claim results from NOVACCHI’s own negligence, misconduct, breach, or legal responsibility. Nothing in this section requires a consumer to indemnify NOVACCHI for conduct for which indemnification cannot lawfully be required.

SECTION 23 — FORCE MAJEURE

NOVACCHI will not be responsible for a delay or failure caused by circumstances beyond our reasonable control, including severe weather, natural disaster, fire, epidemic, pandemic, labor disruption, war, civil unrest, governmental action, carrier interruption, customs delay, telecommunications failure, cyberattack, or utility outage.

This section does not remove any refund, delivery, or consumer remedy that applicable law requires.

SECTION 24 — SEVERABILITY

If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent permitted and the unenforceable portion will be severed. The remaining provisions will remain in effect.

SECTION 25 — WAIVER

A failure or delay by NOVACCHI to exercise a right under these Terms does not waive that right. A waiver is effective only if it is in writing and applies only to the specific circumstance for which it was given.

SECTION 26 — ENTIRE AGREEMENT AND ORDER OF PRECEDENCE

These Terms and the policies expressly incorporated into them constitute the agreement between you and NOVACCHI regarding the Services and supersede prior communications on the same subject.

If a product page, written warranty, promotion, or policy provides a specific customer benefit that conflicts with a more general provision of these Terms, the more specific provision will control for the applicable product or transaction, subject to applicable law.

SECTION 27 — ASSIGNMENT

You may not transfer your rights or obligations under these Terms without our written consent.

NOVACCHI may assign these Terms in connection with a merger, reorganization, financing, sale of assets, or transfer of the business, provided that the assignment does not reduce any non-waivable consumer rights or existing obligations relating to an accepted order.

SECTION 28 — GOVERNING LAW AND JURISDICTION

These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law principles.

Subject to any mandatory right you have to bring a claim in another location, the state and federal courts located in Miami-Dade County, Florida will have jurisdiction over disputes arising from these Terms or the Services.

If you are a consumer residing outside Florida, this choice of law and forum does not deprive you of mandatory consumer protections or dispute-resolution rights provided by the laws of your place of residence.

SECTION 29 — CHANGES TO THESE TERMS

We may update these Terms to reflect changes in our Services, products, practices, or legal obligations. The current version will be posted on this page with an updated effective date.

Where required by law, we will provide additional notice of a material change. Changes will apply prospectively from their stated effective date and will not retroactively reduce rights attached to an order already accepted.

Your continued use of the Services after updated Terms take effect constitutes acceptance of the revised Terms.

SECTION 30 — CONTACT INFORMATION

Questions about these Terms, an order, or a NOVACCHI product may be directed to:

NOVACCHI LLC
PO Box 612470
Miami, Florida 33261
United States

Email: hello@novacchi.com
Telephone: +1 (305) 417-7992

Customer-service hours: Monday through Friday, 9:00 a.m. to 6:00 p.m. Eastern Time.

The address above is our correspondence address and is not our returns facility. Contact hello@novacchi.com before sending a return so that we can provide the correct return address and instructions.