Terms of Service

Terms of Service

Overview

Welcome to our website operated by Promagneticus ( Besideyou NCT LLC ). Throughout this document, the terms "we", "us", and "our" refer to Promagneticus  ( Besideyou NCT LLC )., the company responsible for providing this online platform. Our website offers a wide range of products, information, tools, and services designed to meet your needs, all subject to the terms and conditions outlined herein.

By accessing this website or making a purchase from us, you engage with our service and confirm your acceptance of these Terms of Service, as well as any additional policies or notices that are referenced or linked within this document. These terms establish the legal framework that governs your use of our website and ensure transparency, safety, and mutual respect for both parties.

Our commitment is to maintain a trustworthy and reliable online shopping experience. We strive to regularly update our policies and ensure that all information provided on our platform is accurate and current. However, it is essential for users to carefully read and understand these Terms of Service before proceeding, as your continued use of the site indicates your full agreement with these conditions.

These Terms of Service are comprehensive and apply to all visitors, including browsers, customers, vendors, merchants, contributors of content, and any other users of our platform. They serve as the guiding principles for engagement with our website, ensuring clarity and legal protection for all parties involved.

Any new features, tools, or services introduced into our store will also be governed by these Terms of Service. We reserve the right to modify, update, or replace parts of these terms at any time, with the updates being effective immediately upon posting. It is your responsibility to periodically review this page to stay informed about any changes. Continued access or use of the website after updates signifies your acceptance of the revised terms.

Our online store is hosted and operated via Shopify Inc., which provides us with a secure, scalable, and efficient e-commerce platform. This partnership allows us to focus on delivering quality products and services while ensuring the highest standards of security and reliability in every transaction.

We value your trust and are committed to protecting your rights as a customer. Please take the time to read these Terms of Service carefully. Should you have any questions or require further clarification, do not hesitate to contact us at Promagneticus@gmail.com.

SECTION 1 - TERMS OF USE FOR OUR ONLINE STORE

By accessing or using our website and services, you affirm that you are at least the age of majority in your jurisdiction—meaning the minimum age legally recognized to enter into binding agreements in your state or province. If you are of legal age, you further confirm that you have given your explicit consent to allow any minor dependents under your care to use this site. This ensures that all users are acting responsibly and within legal boundaries.

We take your trust seriously and are committed to maintaining a safe, lawful, and trustworthy environment for all users. As such, you agree that you will not use our products or services for any illegal, malicious, or unauthorized purpose. You also agree to comply with all applicable laws and regulations in your jurisdiction during your use of our site. This includes, but is not limited to, respecting copyright laws and avoiding any activity that might infringe upon third-party rights or violate local, federal, or international regulations.

Furthermore, you shall not transmit, upload, or otherwise distribute any harmful software, such as worms, viruses, or malicious code, which could compromise the security or integrity of our website, servers, or other users’ devices. Engaging in such activities will be deemed a serious violation of our terms and may result in immediate suspension or termination of your access to our platform, with further legal action taken if necessary. We are dedicated to safeguarding our community from any form of cyber threats and will take all necessary measures to protect our platform and our users.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service or access to any individual, at any time, and for any reason that aligns with our policies and standards. Our goal is to provide a secure, fair, and high-quality user experience, and we retain the authority to make decisions that support this aim.

Please be aware that your submitted content—excluding sensitive payment information such as credit card details—may be transmitted across various networks and could involve technical adjustments to meet the specific requirements of connecting networks or devices. Rest assured, all sensitive payment data is always encrypted during transmission to ensure maximum security and confidentiality.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of the service, including access to our website or any contact points through which the service is delivered, without our prior written consent. Any unauthorized use or misuse of our platform or content will be considered a violation of these terms and may lead to legal actions, including but not limited to cessation of your access rights.

The headings and titles in this agreement are included solely for convenience and organizational purposes; they do not affect the interpretation or enforceability of the provisions contained herein.

SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

At Promagneticusbag, we strive to ensure that all information presented on our website is accurate, current, and complete. However, we acknowledge that despite our best efforts, there may occasionally be inaccuracies or outdated data due to the dynamic nature of information and the rapid pace of change in markets and technologies.

Therefore, we do not assume responsibility for the accuracy, completeness, or timeliness of all materials, information, or content made available on this site. The content provided is for general informational purposes only and should not be solely relied upon when making critical decisions. It is always recommended that you consult primary or more authoritative sources for specific guidance or factual verification before acting on any information obtained from our website.

Please note that some of the information, including but not limited to historical data, may not reflect the most recent developments or updates. Historical information is provided solely for reference and context, and we reserve the right to modify, update, or remove content at any time without prior notice. We do not guarantee that the content on the site will be accurate at all times, and it is your responsibility to stay aware of any changes or updates that may occur.

Your use of the information on our site is at your own risk, and we accept no liability for any decisions or actions based on that content. We encourage users to exercise careful judgment and seek additional sources or professional advice when necessary.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

We reserve the right to modify, update, or discontinue any aspect of our products, services, or content at any time without prior notice. This includes changes to pricing, product availability, technical features, or terms related to our offerings. Such modifications are made at our sole discretion in order to improve our services, adapt to market conditions, or comply with evolving legal requirements.

While we make every effort to keep our website and offerings up to date, we cannot guarantee that all information, including prices and descriptions, will always be accurate or available at all times. Consequently, we shall not be liable to you or any third-party for any changes, suspensions, or discontinuations of our services or related content.

It is your responsibility to regularly review our website for updates and stay informed about any modifications. Continued use of our platform or services after any such updates or changes signifies your acceptance of the revised terms and conditions.

SECTION 5 - PRODUCTS AND SERVICES

Certain products and services offered through this website are available exclusively online. These products may be in limited quantities and are subject to the terms outlined in our Refund Policy regarding returns and exchanges. We make every effort to display our products as accurately and faithfully as possible, including their colors and images; however, please be aware that the actual appearance of products may vary due to differences in monitor settings or lighting conditions. We cannot guarantee that your device’s display will accurately reflect the true color or details of our products.

While we strive to ensure the availability of our products, we reserve the right to limit or restrict sales to any individual, geographic area, or jurisdiction at our discretion. This may include, but is not limited to, limiting quantities per customer or region, or declining certain transactions deemed suspicious or inconsistent with our policies. All product descriptions, images, and pricing are subject to change at any time without prior notice, and we reserve the right to modify or discontinue any product or service without liability. Additionally, any offers for products or services made on this site are void where prohibited by law.

We do not warrant or guarantee that the products, services, or information provided will meet your expectations or that errors or discrepancies will be corrected immediately. Our goal is to deliver high-quality products and transparent services; however, due to the inherent nature of manufacturing and supply chain variability, some differences might occur.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse or cancel any order placed through our platform for reasons including, but not limited to, discrepancies or inaccuracies in the information provided, suspected fraudulent activity, or orders that violate our policies. In our sole discretion, we may limit or restrict the quantities purchased per customer, per household, or per order. This includes restrictions on orders made with the same account, credit card, or delivery address, which we may consider to be suspicious or potentially reselling.

If we decide to modify or cancel an order, we will make reasonable efforts to notify you via the contact information—such as email or phone number—that you provided at the time of purchase. It is your obligation to ensure all your account details, including billing and shipping addresses, email addresses, and credit card information, are current, accurate, and complete. Promptly updating your information helps us process your transactions smoothly and contact you if needed to resolve any issues.

Please review our Refund Policy for more details regarding order adjustments and return procedures, which further explains our commitment to customer satisfaction and transparent service.

SECTION 7 - OPTIONAL THIRD-PARTY TOOLS AND SERVICES

Our website may, from time to time, offer you access to third-party tools, applications, or resources that are outside our direct control. It is important to understand that we do not monitor, endorse, or assume responsibility for such third-party tools, nor do we make any warranties regarding their functionality, accuracy, or security.

You acknowledge and agree that any third-party tools or services accessible via our website are provided “as is” and “as available,” without any guarantee, representation, or warranty of any kind, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We shall not be liable for any damages, losses, or issues resulting from or related to your use of these third-party tools or services.

Your use of third-party tools is entirely at your own risk and discretion. It is your responsibility to review and understand the terms, conditions, and privacy policies associated with each third-party provider prior to use. We recommend that you exercise caution and ensure that you are fully comfortable with the terms specified by the relevant provider(s) before engaging with any such tools or resources.

In the future, we may introduce new features, services, or tools through our website, which will also be governed by these Terms of Service. It is your responsibility to stay informed of updates and new offerings.

SECTION 8 - THIRD-PARTY LINKS AND CONTENT

Our website may include links to third-party websites, products, or services that are not affiliated with or controlled by Promagneticusbag. These third-party links are provided solely for your convenience and informational purposes. We do not endorse or guarantee the accuracy, legality, or quality of any third-party websites, content, or products.

We expressly disclaim any liability or responsibility for any damages, harm, or liabilities incurred as a result of your use or purchase of third-party content, services, or goods. We strongly advise you to carefully review the terms, policies, and privacy practices of any third-party sites or providers before engaging in any transactions or sharing personal information.

Please be aware that any interactions, transactions, or communications you have with third-party providers are solely between you and those third parties. If you have concerns or issues related to third-party products or services, please contact the respective provider directly, as we are not responsible for their conduct or practices.

SECTION 9 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

We welcome your feedback, suggestions, ideas, and comments regarding our products, services, or website. If, upon our request or voluntarily, you submit any creative content, such as contest entries, proposals, or general comments (collectively referred to as "comments"), you explicitly agree that we may, at any time, and without limitation, edit, copy, publish, distribute, translate, and otherwise use these comments in any media, format, or territory worldwide. This includes the right to incorporate such comments into other works, modify, or adapt them for any purpose, commercial or non-commercial.

Please note that we are under no obligation (1) to keep any comments confidential; (2) to pay any compensation for comments; or (3) to respond to or acknowledge receipt of comments. We reserve the right to monitor, edit, or remove any comments that we, at our sole discretion, determine to be unlawful, offensive, threatening, libelous, defamatory, obscene, pornographic, or otherwise objectionable; or that violate any intellectual property rights, contractual obligations, or these Terms of Service.

By submitting comments, you warrant and represent that they do not infringe upon the rights of any third party, including copyright, trademark, privacy, or personal rights. You agree that your comments will not contain libelous or unlawful material, abusive language, or any materials that could harm the operation or integrity of our website or any related online platform. Additionally, you shall not impersonate any other individual or entity, or otherwise mislead us or third parties as to the origin of your comments.

You accept full responsibility for the content and accuracy of your comments and agree to indemnify Promagneticusbag against any claims, damages, or liabilities arising from the comments you submit. We disclaim any liability for comments posted by you or third parties, and we do not assume responsibility for the accuracy or appropriateness of such comments.

SECTION 10 - PERSONAL INFORMATION

Any personal information you submit or share on our website is governed by our Privacy Policy, which is designed to protect your data and ensure transparency regarding its use. You can review our Privacy Policy here: [Insert Link]. By using our site, you agree to the practices outlined in the Privacy Policy and consent to the collection, storage, and processing of your data as described therein. We take your privacy seriously and are committed to adhering to applicable privacy laws and best practices to ensure your information remains secure.

SECTION 11 - ERRORS, INACCURACIES, AND OMISSIONS

Despite our diligent efforts to maintain the accuracy and completeness of the information presented on our website, errors, inaccuracies, or omissions may occasionally occur. These might relate to product descriptions, pricing, promotions, offers, shipping charges, transit times, or product availability. We reserve the right to correct any such errors or inaccuracies at any time without prior notice, including after an order has been placed.

We expressly disclaim any obligation to update, modify, or clarify the information on our website, including pricing and promotional details, unless required by law. The absence of a specific update or revision date does not imply that information on our site has been recent or current at all times. It remains your responsibility to verify the current status of product details, prices, or other relevant information before completing any transaction.

Our aim is to provide accurate and trustworthy information; however, due to the dynamic nature of e-commerce and supply chains, we cannot guarantee consistent accuracy at all times. We appreciate your understanding and encourage you to contact us directly if you require confirmation on any aspect of our offerings.

SECTION 12 - PROHIBITED USES

Your use of the Promagneticusbag website and services is subject to strict compliance with all applicable laws, regulations, and these Terms of Service. To ensure a safe, lawful, and respectful online environment, it is strictly prohibited for you to engage in any activity that violates this policy. Specifically, you are forbidden from using our platform or its content for any purpose that:

a) Constitutes or promotes any form of unlawful activity, including but not limited to fraud, theft, or criminal conduct.

b) Solicits or encourages others to perform or participate in any illegal acts.

c) Violates any local, state, provincial, national, or international laws, regulations, or ordinances, including copyright, trademark, and intellectual property laws.

d) Infringes upon, misappropriates, or violates the intellectual property rights belonging to us or third parties.

e) Harasses, abuses, threatens, defames, slanders, disparages, intimidates, or discriminates against any individual or group based on gender, sexual orientation, religion, ethnicity, race, age, disability, or any other protected characteristic.

f) Submits false, misleading, or deceptive information.

g) Uploads, transmits, or otherwise distributes viruses, malware, ransomware, or any other malicious code that could harm our website, users, or third-party systems.

h) Engages in activities to collect, track, or distribute the personal data of others without their explicit consent.

i) Spams, phishes, or attempts to scrape or crawl data from the website using automated tools or methods.

j) Uses the platform for obscene, pornographic, or immoral purposes.

k) Attempts to interfere with, undermine, or circumvent the security measures of our website or related online systems.

We reserve the right to monitor conduct and content on our platform and to take immediate actions, including terminating your access, if we determine that your activities violate these prohibitions or compromise the safety and integrity of our site and community.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

While we are committed to providing a high-quality and trustworthy service, Promagneticusbag does not guarantee that your use of our website or services will be uninterrupted, error-free, or entirely secure. Despite our diligent efforts to ensure optimal performance, technical issues, system outages, or unexpected errors may occur from time to time.

We make no warranties or representations, either express or implied, regarding the accuracy, reliability, or completeness of the content, products, or services offered through our platform. Specifically, we do not warrant that:

• The service will meet your requirements or expectations.
• The service will be uninterrupted, available at all times, or free of errors.
• Any errors or deficiencies in the service or content will be corrected promptly.

All products, services, and content are provided “as is” and “as available,” without any guarantees of merchantability, fitness for a particular purpose, or non-infringement. You agree that your use of our platform and services is at your own risk.

To the maximum extent permitted by law, Promagneticusbag and its affiliates, officers, directors, employees, agents, contractors, licensors, and suppliers shall not be liable for any damages, including but not limited to direct, indirect, incidental, consequential, special, or punitive damages arising from or related to:

• Your use or inability to use our website or services.
• Errors or inaccuracies in any content or information.
• Loss of data, profits, or business opportunities.
• Any unauthorized access or security breaches.

This limitation of liability applies regardless of whether damages are based on contract, tort (including negligence), strict liability, or any other legal theory, and whether we have been advised of the possibility of such damages. Please note that some jurisdictions limit or do not allow limitations of liability in certain cases; in such jurisdictions, liability will be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You hereby agree to indemnify, defend, and hold harmless Promagneticus, along with its parent company, subsidiaries, affiliates, partners, officers, directors, employees, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and any other associated entities (collectively referred to as the “Indemnitees”), from and against any claims, demands, liabilities, damages, losses, costs, or expenses, including reasonable attorneys’ fees, that arise directly or indirectly from your breach of these Terms of Service, any other policies incorporated herein, or your violation of any applicable law or the rights of third parties.

This indemnity obligation extends to cover any liability or expenses incurred by the Indemnitees due to or resulting from your use, misuse, or misuse of our platform, content, or services, including any violation of intellectual property rights or other proprietary rights of third parties. You acknowledge and agree that you will cooperate fully in the defense of any such claims, and that the Indemnitees reserve the right, at their sole discretion, to assume exclusive control over the defense and settlement of any claim.

This section shall survive the termination of your use of our services or dissolution of this agreement.

SECTION 15 - SEVERABILITY

If any provision or clause of these Terms of Service is held to be unlawful, void, invalid, or unenforceable by a court or competent jurisdiction, such provision shall be deemed severed from these Terms and shall have no effect on the validity or enforceability of any remaining provisions.

The remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law. The parties agree that the unenforceable part shall be replaced with a valid and enforceable clause that most closely reflects their original intent, ensuring that the overall purpose of these Terms remains intact.

This severability clause is intended to ensure that the entire agreement remains effective, even if one part is deemed unenforceable, maintaining the integrity and enforceability of these Terms of Service.

SECTION 16 - TERMINATION

These Terms of Service shall remain in effect until terminated by either party. You may terminate this agreement at any time by providing written notice to Promagneticus indicating your wish to cease using our services, or simply by discontinuing your use of our website and services.

We reserve the right, at our sole discretion, to terminate or suspend your access to all or part of our platform immediately and without prior notice if we believe, in our judgment, that you have violated any of the terms, policies, or applicable laws, or if we suspect improper activity, misuse, or breach of this agreement.

Any obligations or liabilities incurred prior to the termination shall survive the termination date. Upon termination, all rights granted to you under these Terms shall cease immediately, and you agree to cease all use of our services. Termination does not affect your liability for all amounts due or owed up to and including the date of termination.

The provisions of these Sections—particularly those relating to indemnity, limitation of liability, and confidentiality—shall survive termination of this agreement.

SECTION 17 – ENTIRE AGREEMENT

These Terms of Service, along with our Privacy Policy and any other policies or operating rules published by Promagneticus on this website, constitute the complete and exclusive agreement between you and us regarding your use of the platform and services. They supersede and override any prior or contemporaneous agreements, understandings, communications, or proposals, whether oral or written, between you and us, including any previous versions of these Terms of Service.

No failure or delay by Promagneticus in exercising any right, remedy, or power under these Terms shall operate as a waiver of that right or prevent its subsequent exercise. Any invalidity or unenforceability of any provision shall not affect the validity or enforceability of the remaining provisions, which shall remain in full force and effect.

The headings used in these Terms are for convenience only and shall not affect the interpretation or construction of any part of this agreement.

SECTION 18 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide services to you shall be governed by, and construed in accordance with, the laws of the United States. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts located within the United States. Both parties agree to submit to the personal jurisdiction of such courts.

SECTION 19 – CHANGES TO THE TERMS OF SERVICE

We reserve the right, at our sole discretion, to revise, update, or replace any part of these Terms of Service at any time and without prior notice. Changes will be posted on this page immediately and will be effective upon posting. It is your responsibility to regularly review this page to stay informed of any revisions. Continued use of our website or services after any modifications indicates your acceptance of those changes.

We encourage you to consult this page periodically to keep yourself apprised of the current policies. If you do not agree with the revised terms, you must cease using our platform and services immediately.

SECTION 20 – CONTACT INFORMATION

If you have any questions, concerns, or require further clarification regarding these Terms of Service, please contact us at:

Email: Promagneticus@gmail.com
Address: 1500 N Grant St, Ste N, Denver, CO 80203, USA